New-York tribune., 1919-12-23
Grand Jury Job
Is Turned Down
By Proskauer
Swann's Refusal to Give
Him Independent Control
of Inquiry, He Explains,
Forced His Declination

Joseph M. Proskauer yesterday de-
clined the appointment as special legal
adviser to the extraordinary grand
jury rendered him on December 16
by District Attorney Swami at the sug-
gestion of Governor Smith. His re-
fusal to accept the post further COM
plicates the jury's inquiries into Dis
trict Attorney Swann's office, the Hylan
administration and the "overshadowing
crime
In letter sent to Mr.. Swami yester-
day afternoon Mr. Proskauer, former
law partner Of Judge Abram |. Elkus.
formally declined the appointment and
returned the special assistants certih-
cate sent him several days ago by the
District Attorney
Mr.. Proskauer's letter stated that Mr..
Swann's refusal to give him indepen-
dent control of the proposed inquiries
made it impossible for him to DISPOSE
of the grand jury's complaints bv an
inquiry (which, by reason of it's inde-
pendence, would inspire public conf
dcncc."
Crisis Anticipated
Mr.. Proskauer said he took this step
with Governor Smiths approval His
withdrawal follows that Of George Cor
don Battle, who quit after the jury
expressed dissatisfaction because of
his friendship for Mr. Swami
The withdrawal of M. Proskauer,
who had the full confidence of the AL
mlrall panel, is expected to force a
crisis in the affairs of the jury, which
is in recess until January s.
9 Observers in touch with the jury
situation last night predicted that Mr..
Proskauer's action would precipitate
one of the following developments:
Governor Smiths designation OF the
Attorney General TO investigate the
District Attorneys office, a course
which the Governor heretofore has de-
clined to take, although the grand
jury desires it. 1t was rumored Mr..
Proskauer might be named the deputy
attorney general in charge of the in
quiry.
"A ACS iSldJlVc COHliu lJtec lnVeSClga-
tlon as soon as possible after the ses-
sion begins at Albany next month.
MIR. Proskauer's Letter
Mr.. Proskauer's letter to District
Attorney Swami follows:
II acknowledge your letter of De-
cembcr 1S, inclosing copy of your letter
OF that date to the GOVERNOR From it
| understand that you do not feel that
you can accede to the suggestion that
you cooperate with me as special as
slstant district attorney by furnishing
Independent facilities for an investira-
ton of the grand jury charges
THE situation thus created will not,
in my opinion, enable me as such as
sistant to execute the Governors pur-
pose to dispose of the grand jury's
complaints by an examination, which
by reason of its independence, would
inspire full public confidence in the
result.
"Therefore, with the Governors ap-
proval, | respectfully decline the ap-
pointment and return the certificate
herewith"
Raymond f. Almirall, foreman of
the jury, declined last night to com
ment on Mr.. Proskauer's action. 1t
is known, however, that the grand
jury will stand on its letter of Oc-
tOber 20 last to Governor Smith, IN
which the services Of the Attorney
General. with complete supersedence
over Mr. Swann's office, were asked.
Swann's Only Comment
District Attorney Swami would say
nothing except that the matter, as far
as Mr.. Proskauer was concerned, was
"a closed incident"
1t was reported from Albany that
Governor Smith had no statement to
issue. The Governor was reported en-
gagged in important state matters, al
though he is expected to come to New
York City to-day and take some action
on the situation.
Mr. Swann's stand was directly re-
sponsible for Mr. Proskauer's with
drawal. Correspondence between Mr..
Almirall and Mr.. Proskauer indicated
that both The jury and its suggested
counsel were agreed that the inquiry,
which includes Mr. Swanns office. must
be conducted with entire independence
of the District Attorney.
1t was rumored that Mr.. Swann's at
titude offended Governor Smith, who
was reported eager to have the inquiry
proceed to a conclusion under Mr.. Pros
kauer's direction. 1t was reported that
the Proskauer incident might lead to
an open break between the Governor
and Mr. Swami, who is backed by the
Hearst t-Hylan forces.