The sun., 1919-10-16
JURYML.R.T.QUIz
APPEALS TO SMITH
Resolutions Urging Special
Assistant to Supplaht Swami
Received.
CONFERENCE IS SOUGHT
Prosecutor Asks to Be Present
\ and Governor Is Silent on
Both Requests.


tween District Attorney Swami and the
Extraordinary Grand Jury that is con-
sidering Mayor Hylan's charges of COL
fusion between the officials Of the Inter-
borough Rapid Transit Company and the
employees in fomenting a strike in ,the
interest of increased fares
The latest tactical move on the part
OF the Grand Jury was to send a COM
munications to Gov. Alfred E, Smith en-
closing copies of the resolutions adopted
last Friday requesting Supreme Court
Justice Weeks to supplant Mr.. Swami
with special assistant satisfactory to
the Jury TO present the further evidence
in the case and requesting that the Gov
ernor set time to meet a committee OF
the Grand Jury to discuss the request
Gov. Smith received the letter yester-
day az he was sitting in District At
torney SWANS private office conducting
bearing on an application for Glenn
ercy for Joseph Cohen, a convicted muir
dcrer. The Governor did not intimate
what action he would take, but left the
District Attorneys office n short time
later with the letter in his pocket.
While the Governor was showing the
letter to newspaper men District Attor-
ney Swami made verbal request that
II the Governor decided to meet a COM
mittee of the Grand Jury he would give
HIM a chance to be heard
Request Made by Swami.
IT would request, Governor" Mr..
Swami said. that II you follow the sug-
gestion contained in this letter that
be notified and allowed to be present
To use the words OF a once famous po-
lice chief have some important infor-
nation touchin' on and appertainin' to
the present situation" Gov Smith
laughed at the famous Devery quotation,
but did not indicate whether or not he
would comply with either the request
OF the District Attorney or that of the
Grand Jury.
The communication to the Governor
was dated yesterday and signed by Ray
D1ond F. Almirall, foreman of the Grand
Jury. 1t was written on Mr.. AlmEails
business stationery. After quoting the
motions adopted by sthe Grand Jury,
which were embraced in the communica-
ton sent to Justice Weeks on Friday,
the letter concluded:
Il take the great liberty OF request
ing that the committee (of the Grand
Jury) may be granted the favor of an
carly interview with your Excellency,
and that your Excellency will cause me
to be advised by phone or otherwise
when and where 1t will be convenient
to meet the committee"
District Attorney Swami said that the
Governor would have no warrant of law
TO appoint any special Assistant Dis
trict Attorney to supersede him in the
case.
This Is a very rambling communica-
ton and II Is not entirely Ineligible to
me-" Mr.. Swami went on. There is no
warrant of law for such action and be-
sides there IL no appropriation for the
hiring of secretaries. stenographers and
ether necessary clerical help in the case
of a special assistant. 1t is an attempt
on the part of the Grand Jury to AFRO
the Grand Jury"
Mr.. Swami then read to the news
paper men the sectioneof the code OF
criminal procedure defining the power
and duty of the Grand Jury. 1t is:
1.-THE Grand Jury has power and 1t is
their duty to inquire into all crimes COM
mitteed in the county and to present
ITEM to the court"
Powers of Grand Jury.
That" he continued, sis as far as the
power of the Grand Jury goes. The
Grand Jury sometimes makes what is
II is nothing more than a recommended
ton and without any greater legal force
than a private communication from
twenty-three gentlemen who are resi-
dents of the county. Justice Weeks SC
ruled last Friday when he refused to give
this Grand Jury a rowing commission
This Is clearly an attempt to go over the
heads of the District Attorney and JUS
tice Weeks by a direct appeal to the
Governor.
There is no authority In law for the
Governor to appoint an assistant dis
trict attorney. nor is there power vested
in the Governor to appoint clerks. stem
ographers. SC, for the Grand Jury. The
Governor Is empowered to direct ths
Attorney General to appear before the
Grand Jury in criminal actions. There
Is no warrant in law for the Governor
to direct the Attorney General to appear
before the Grand Jury except in a Grim.
inal action. In this year of grace the
country will not sanction an attempt al
government by Grand Jury"
Foreman Almirall refused last night
to make any comment on his letter to
the Governor or to discuss the contro-
versy with Mr.. Swami In any way. When
a note was sent to him in the Grand Jury
Roosevelt as n Country Minister" A
stirring story about the late President
W0n IA Arat n faaf