New-York tribune., 1919-12-17

there is anything to justify the jury's
written statement to the Governor or
the statement Of the foreman (Ray-
mond F. Admirably TO the court
whether there Is anything to justify
the statement that there is such a
thing as an 'overshadowing crime or
a crime leading into the District At
torney's Office. Heaven only knows
whether the 'overshadowing crime
and the crime leading into the District
Attorneys office is not one and the
same thing"
McAdoo Finds Obstacles
Chief City Magistrate McAdoo sent
Mr.. Swami letter stating there were
SERIOUS legal obstacles" in the way of
the inquiry Mr.. Swami proposed the
day before. The District Attorney
had suggested a series Of daily open
hearings before McAdoo or any other
magistrate, at which all persons with
complaints against public officials
might appear with witnesses and
counsel, and make their charges
Magistrate McAdoo wrote:
"Certainly magistrate presiding. at
such an inquiry has no greater dis
cretionary power in the range of inqui-
sition than the grand jury itself. In
the decisions to which you called the
attention of the present grand jury
the court very properly stated the law
to be that the inquiry must have a
definite object in regard to certain spe'
cific offenses. While the grand jury
may act without an information, the
magistrate is strictly bound by the
facts presented to him in a sworn in
formation. He has no jurisdiction be-
yond that and he must strictly con-
fine himself to it.
"While, of course, I would not def
initely and judicially pass on this
question until had an actual informa-
ton before me, still it will not be amiss
at this stage for me to call your atten-
ton to the fact that it would be en-
tirely within the powers Of the grsnc
jury to subpoena the very same wit
nesses and the papers that you mign'
require to come before the magistrate
and therefore make it appear that two
arms of Justice are in conflict, thus
destroying that confidence in the pub
lie authorities which is SO essential te
the proper conduct of affairs.
No Reference to Public Policy
''In all this I have not alluded tc
the question of public policy involved
and which under the rather unusua
circumstances now cXlSLlng WIN re1
erence to the inquiry you have in minc
should in my opinion be kept in view.
In second letter to Mr.. Swanr
Magistrate McAdoo said:
"Of course, if any citizen or officia
comes before me or any other magis
trate and lays a sworn information
such as complies with the law, asking
for a John Doe inquiry, alleging tha
some specific otfense has been com
mtted by a person or persons un
known. it will be my duty or his dut.
to have the matter inquired into a
speedily as possible"
Judge McAdoo did not understand
my request Mr.. Swami said, on re.
ceiving the letters. Il simply wanted {
hearing or hearings which would be az
invitation to any one who had charge
against public officials to come forward
and make them under oath If an,
one in my office has done wrong I wan
to know it. | want it brought out, ant
if the evidence is sufficient I would Ger
tify it to the grand jury-to the ex
traordinary grand jury, for that mat
ter. How's tnat9'
Mr.. Swami added he was trying to
get in touch with city magistras Z
appointed by the late Mayor Mitchell
in regard to the proposed hearings.