The sun. [volume] (New York [N.Y.]) 1916-1920, 1917-01-15
Authorized by Directors.

Nelson $. Spencer president of the
City Club. said over the telephone yes
terday from his home at Wilton. Conn.
that the charges had been prepared by
~hase Mellen. George w. Alger and him
scl' after the board of directors had
voted for an investigation by the city
Club. Tho directors later authorized
the sending of the sworn charges to
Gov Whitman
Heretofore Gov. Whitman has assumed
hr position that no charges against
SIR. Swami had reached him. as he did
rot believe the letter sent him by the
then Judge Delehanty should he con-
s'der"d sufficient basis for action by him.
Hc Is extremely anxious. 1t is known, to
avoid laying himself open to a charge
or playing politics. and thinks that the
gr,e'ance committee OF the Bar Associa-
ton could handle the matter satsfac-
t"rily. The sworn charges Of Mr.
Spencer, it is believed will force the
Governor To act. however.
In explaining the attitude of the City
Cub Mr.. Spencer said yesterday:
"Thc City Club considers that the
charges regarding the conduct Of the
Office OF the District Attorney Of New
York county made by Judge Delehanty
IN his memorandum filed in the Court Of
General Sessions on December 80. 1916.
are matter of grave public concern.
II has not been possible for the club to
verify in detail the charges contained in
the memorandum. but-with the facilities
at its command it has investigated them
TO the extent that II has concluded that
they should form the basis OF a proceed
ing in which the Governor may have an
opportunity to determine whether they
are sufficient TO Justify the District At
torneys removal.
Done aa n PublIc Serxice
at has therefore filed formal charges
with the Governor Just as In the pa st
Il filed charges against Borough Presi-
dents Ahearn and Haffen. 1t seemed
more than ordinarily important that
this should be done as public service.
!nasmuch as up to the present time the
Issues raised by the charges have been
obscured by a newspao per discussion OF
collateral matters which do not touch
the real point, which is the conduct of
the District Attorneys office In the ad-
mlniStration of criminal Justice"
The sworn charge against Mr.. Swami,
which is signed BY Mr.. Spencer. begins
with a request for the removal OF the
District Attorney IL after a hearing the
charges appear to be sustained.
The charge then cites the DeIehanty
statement which tells of the Judge =
views on the requested dismissal OF
twelve indictments against labor lead
erS. The club statement then asserts
mat the charges appear TO be borne out
b. the inquiry of the club.
Misconduct and Incompetence.
The District Attorney is then charged
WIN misconduct in office. incompetency
hN-'ect and violation of the law. The
names and offences of the defend lnts
whose release without trial District At
tol1"y Swami requested are then re-
viewed
Mr.. spencer then charges in the club
statement that Mr.. Swami induced the
.our' to discharge the bail of the de-
.endants. although having knowledge
mat II was In the interest of the public
mat the cases be tried.
The CITY Clubs complaint then ,iI.e.
mat although Mr.. Swami certified that
he or his assistants had made a thorough
'hNestigation OF the facts in the cases
no such investigation was made.
Furthcr. the City Club document take.
exception to the treatment of Lucian y
breckinridge by the District Attorney
~ sets forth that the District Attorne,
made statement published January
which would tend to reflect upon Mr.
Breckinr!dge and that he took other ac
lion which might discredit the man who
wa" to be principal witness IL an in
curry concerning the District Attorney,
Office were to be made.
Mr. Swami said in speaking OF the
CITY Club charges:
Il am accused OF a crime In two spe.
e!hc instances and shall hay, 10 piotert
Continued on S.a.h Puge.