New-York tribune., 1919-10-11
Jury Probing
T.R.T.WOuld
Drop Swami
Continued from page l

Ass voted unanimously to inaugurate
;mmediately an investigation Of the en-
.;,s and complete transit situation and
ra,ters related or pertaining thereto
20 % il not in connection with
u. snecial work of criminal anarchy.
~, extraordinary Grand Jury is,
.bsrefore. of the opinion that such fur
.bsr public discussion of the subject
as has been characterized by insl lnua,,
IONS affecting q distinguished Federal
;,,Sre now sitting in New York, and
rrssscting on the judiciary in general
and separately, is incompatible with
,hs constructive purposes of gov
srnment. conducive to public disorder.
snd the misinformation, if not decep
.;on Of the public at large. at time
narticularly when all legitimate infu-
snces should be limited in the processes
NJ conservation. is useless and OBJ
scurant of the facts.
Wants George G.. Battle
because of the various postpone
ments. interruptions in the presenta-
tions Of testimony resulting from the
congestion in the Office of the District
Attorney, and otherwise, the eXtraordi-
nary grand Jury has voted unanimously
that your honor cause to be appointed
or designated Immediately special as
sistant District Attorney, IN the person
OF George Gordon Battle, of the City
of New York. or, he declining, such
other like officer, not connected with
the staff OF the District Attorney. who
NAV be acceptable 10 the foreman or
committee of the extraordinary grand
Jury, representing and hereby author
ized BY the extraordinary grand jury
so to act, and who shall attend on and
carry forward any and all such inves
tigations with which the extraordinary
grand jury may have been or may be
charged by your honor or may Of it
self initiate, during the entire period
Of It's incumbency, and, further. that
there be similarly designated when re-
ouired by the extraordinary grand jury
such assistants. clerks, stenographers,
accountants and the like, legally au~
thorized TO act as may be necessary 70
the prompt and careful determination
Of the matters contemplated.
Asks for Instructions
The extraordinary grand jury begs
TO be instructed by your honor in the
following regards, to-wit:
Incidental TO the investigation Of
the charge OF conspiracy between and
against the brotherhood OF the Inter
borough Rapid Transit Company En-
ployes and the Interborough Rapid
Transit Company, should testimony bs
received that deals with purely idu-
ciary or financial conditions, past OF
dated Company, the Interborough Rapic
Transit Company or any other affli-
ated companies?
IN closing. the extraordinary granC
jury, constituted of the average citi
zenry and representatives of capita
and labor. recognizes the fact Of The
conspicuous advancements IN the cos
Of living. of formidable increases in The
wages paid labor and the relativel.
formidable enhancement in costs of al
raw and manufactured materials, theil
transportations, marketing, instalatio.
and uses and that the existing contem
poraneous conditions result from al
appalling world war, unquestionabl ly
without the jurisdiction or anticipation
OF industry or commerce, labor or cap
ital, or even governments, and there
fore, that the careless or reckless agita-
ton Of this natural consequent condl-
ton of the general public unrest is in
imical to the best interests Of the peo-
pie and the government, and il
prompted by political or other social OF
selfish reasons or ambitions becomes O:
criminal significance"
Judge Rebukes Swami
When Mr.. Swami declared that while
the grand jury consisted OF men OF
Irreproachable integrity and standing
ne cld rot thinA certain OF them We're
qualified 20 sit in the traction inquiry
Justice Weeks interrupted
1 cannot allow you 20 make {
speech in open court when they tht
jurors are not free TO reply
Later the justice addressed Mr.
Swami, saying: III you are attacking
the personality OF the jurors, shall
not permit a charge that they were
improperly drawn. The District Attor-
ney knows that question cannot be
raised after the jurors are sworn in"
commenting on references to "con
gestion' in his Office, Judge Swanr
turned 70 the jurors and asked
wHethe' he had not offered TO abandon
al other wort. and give transit prece
denoe. 0ne man said: Yes, that's so, ,
ana Others nodded their heads.
III response to Mr. Swann's intima
ton that the request for outside dircc
ton wes prompted by Two particular
members Of the jury, Mr.. Almiral de
Cared The decision was unanimous
When the jurors asked Justice Week.
10 appoint MIR. Bat..e, the court ex