New-York tribune., 1919-10-16
Panel, Through Foreman,
Asks Hearing Before Ex-
ecutive on Ousting the
Prosecutor From Inquiry
District Attorney Attacks
Saws Governor Has No Legal
Power TO Appoint Special
Assistant District Attorney

The clash between District Attorney
Swami and the extraordinary grand
Jury that has been investigating May
or Hylan's Interborough strike con-
spiracy charges broke out anew yes
;erday when it became known that the
Jurors. through Raymond F. Almirall,
heir foreman, had carried their diff
ferences with Swami to Governor
Smith.
Governor Smith announced the re-
ceipt of letter from the foreman,
asking him to meet a committee of
Jurors relative to the two requests the
Jury made o. Justice Weeks, in the
Extraordinary Criminal Trial Term Of
the Supreme Court on Friday last.
These requests were that the grand
iurv be authorized to make a general
inquiry into the transit situation and
that District Attorney Swami and
members Of his staff be relieved Of au-
thority for further direction cf the
q spccial assistant district attorney be
appointed.
Justice Weeks had said lie had no
authority 10 grant these requests. and
District Attorney Swami then declined
to appoint any special assistant.
Foreman's Letter TO Governor
The letter TO Governor Smith in
formed the Governor that a committee
Of members Of the jury had been ap-
pointed Friday last to confer with him
relative 10 the requests made OF Jus
tice Weeks. Then the letter quoted the
,wo requests made unanimously by the
jurors.
Il take the great liberty of request
ing that the committee be granted
the favor Of an early interview with
your eXcellencv and thai Jour eX-
celldncy will cause me to he advised
by phone or otherwise when and
where il viii be convenient to meet
the committee the foreman wrote.
Governor Smith had nothing to say
about the request yet, nor any COM
ment to make on the controversy con-
cernng the grand jury, which Judge
Swami has declared was not in
sympathy with the transit investiga-
ton.
Mr.. Almirall also declined to be in
terviewed. but District Attorney
Of the jurors are Interborough bond
holders. declared the Governor had no
legal power to appoint a special as
sistant district attorney.
an taking this action they (the
Jurors have gone directly over the
head CT Justice Weeks said Mr.
Swami. "lt is an attempt, it seems
10 me. 10 arrogate to themselves
powers never designed for the grand
jury.
Might Strike Crimes
"This application is one to inquire
into the transit situation. 1t is true
tney might strike great many crimes
# they did that, but il would not be
what they are looking for
This application to the Governor is
rambling statement and is alto
rether un;nteIleiblo to me, but as
get 1t it is an application for q row
'ag commission to investigate the
transit situation in this city and
eventually TO recommend a rate Of
fare.
"The grand jury has no powers
Whatever to inquire generally into the
transit situation of this county. and
It has no power whatever to fix or
suggest proper charge for car fares.
II have requested the Governor 10
notify the District Attorney in case
he sets day and hour for permitting
the grand jury to call upon him. and
upon the occasion Of that hearing |
shall state IN public the legal oJjec
tions TO the granting Of such an ap-
pAcation and VIC facts which III the
.udgment Of the District Attorney dis
quaIliy many Of the members Of the
grand jury from sitting in such an in
quiry.
Il am sure added Judge Swami