The sun., 1919-08-21
/. PLOT TO
BE SUBJECTED
TO EXAMINATION
Justice Weeks Charges Spe-
cial Grand Jury to Probe
Swami Charges.
ORDERS MILK INQUIRY
Prosecutor Seeks ExtraOrdi-
nary Power to Make Wit
nesses Talk.
ORDERS MILK INQUIRY

Justice Barlow s. Weeks OF the Su-
preme Court yesterday charged the
Special Grand Jury of New York
county, impanelled to investigate ac-
cusations of anarchy based on the
findings of the Lusk committee, to in
vestigate also the charge of con-
spiracy between officials of the Inter
borough Rapid Transit Company ard
the marlborough Brotherhood to bring
about the subway and elevated strike,
and charges of conspiracy on the part
of milk distributors to form a monop-
oily for the arbitrary fixing of the
prices of milk.
This action was taken by the court
only after he had been assured by
District Attorney Swami that there
was sufficient evidence at hand to war
rant the returning of indictments.
II have every reason to believe that
] have such evidence" Mr.. Swami told
the Justice. II want the power of man
datory subpoena so that 1 can wiring
testimony from unwilling lips"
ss Has Many Facts.
The District Attorney said that he
had come into possession of a great
many facts bearing on both charges, but
feared that this evidence might not be
sufficient to warrant indictments with
out the aid of witnesses who could only
be brought before the Grand Jury on
), mandatory subpoenas.
He also explained he wished to pre-
sent the strike and milk cases before
b, the special Grand Jury because the reg
ular August Grand Juries have at least
100 cases to dispose of by the end of
the month, and SO would not be able
to give them the time ana attention
that they could be given by the special
body. He a '-.--.. >-... = ~,
I 1.-THE first charge that we wish to
present" said Mr.. S~ann, lis that GER
tain officials of the marlborough Rapid
Transit Company and certain labor
union officials-officials of union
which this company itself had organ
ized-entered into a conspiracy to call
a strike on the subway and elevated
lines in Manhattan, with intent so to
harass and inconvenience the public that
the Mayor and the Board of Estimate
would be inundated into granting an
8 cent fare instead of the cent fare
provided by contract"
Will Charge Code Violation.
The District Attorney. in the presenta-
will attempt to show that there has
been a violation of Section $50 of the
Penal Code, which holds guilty of a
misdemeanor any person who gives OF
offers TO give money or other things
Of value to the duly appointed repre-
sentative of a labor organization WITH
intent to Influence him In respect to
any of his acts, decisions or otherr dv
ties as such representative, or to in
A.,A Ii 18th
by the employees of any person or cor
poration."
He also will attempt to show a VIC.
lation Of Section $50 Of the Penal Code
which makes it a misdemeanor to intimi-
date a public officer by direct or in
direct threats. The maximum penalty
for either of these offences is three
years in prison or $1,000 fine, or both
Mr.. Swami informed the Court that
he would proceed against the milk dis.
tributers under the provisions of the
law which make II misdemeanor for
two or more persons to conspfre to com.
NIT any act Injurious to the public
health, to public morals, or to trade oil
commerce. The District Attorney
charges that there is a combination Of
milk distributors who on August / raised
the price of milk to Is cents quart.
zone of these men," he said. had tn,
temerity to walk into the District At
torney's office and say. II You dom
Hike that I'll give you another boost o.
. cents later on"
In charging the Grand Jury and in
forming the jurors concerning the law
Justice Weeks pointed out that the cas-
can be presented by the District Attor
ney by direct evidence. or that tho evi
dence of a conspiracy. IL no direct evi
dence is available, may be inferred
from circumstances