New-York tribune., 1919-11-21
in
Public Office.
Jury Charges
Continued from pnge I

Continued from pnce I
"counter-conspiracy" to discredit the
lnterborough systems, throw the prom
critics back to the city and compel
municipal ownership.
Just before the jury entered tho
courtroom District Attorney Swami
was acquainted with the contents Of
its presentment by Justice Weeks. in
the latter's chambers. When Mr.. AL
mirall began reading the jury's mes
sage the District Attorney declarad
May note formal objection on
the record to any prcsentment beinp
handed up by the extraordinary Grand
jury and ask the extraordinary grand
jury, be directed by the Judge to
hand up either indictments or no
indictments. 1t has been distinctly
held by the Supreme Court that the
grand jury is either to indict or not
indict. There is no justification in law
for the handing up of any present
ment, especially one which criticizes
anyone, for the reason that the person
criticized has no opportunity to enter
court and defend himself.
"lf that paper that he (AlmiralN
proposes to read is going to crti-
cize"-
you arc perfectly aware of it;
nave just submitted 1t to YOU" cut in
Justice Weeks.
81 am thoroughly advised of it. and
for that reason | am making nv mo-
tlon in court, and ask the court not to
receive the communication and ask the
grand jury not to present it," said
Mr.. Swami.
The request Of the District Attor-
ney that the communication be not re-
ceived is Denied" said the court: then
he called Mr.. Swann's attention to de-
clsion which held that under certain
circumstances a prescntment Is author
lzed Then Mr. Swami asked the grand
jury to reconsider its purpose to read
and file the presentment. The jurors
got this opportunity, but they did not
change their stand, whereupon Fore
man Almirall read the document.
After this was done. Justice Weeks
declared that the section of the code
which the jurors quoted as authority
for their inquiry Requires you to in
vestigate any willful or corrupt mis-
conduct in Office of public officials in
the county This is really within your
rights, and, in fact, is one of your
duties"
Judge Counscls Grand Jury
But in conducting such an investi
CATION" Justice Weeks warned the
Jurors who recently asked Mr.. Swami
to appear before them as a witness and
waive immunity, II cannot impress
upon you too forcefully the language
of the statute that the misconduct of a
public officer must not only be willful
but corrupt. Official misconduct either
from ignorance or error of Judgment
from apprehension Of law or from
misguided views Of public policy does
not constitute any proof of corruption
and this proof must be clear before
ute would be justified
In yopr Investigation you must
guard yourself against doing a wrong
20 any person, and especially to any
public official. In the course of your
investigation you have had disagree
ments with the District Attorney but
this would not justify any suggestion
that you should investigate his Office
under the guise of seeking corrupt
misconduct.
1.-THE District Attorney as an ind-
vidual and the members of his staff
as individuals are entitled to the fair
est protection, even from an insinua-
ton OF corruption. They may have
MADE mistakes. they may have been
unwise in soms steps they have taken
but that is not official misconduct, and
in the examination affecting public
official it is of the greatest Importance
that the action of the grand jury
should be without the slightest per-
sonal or political bias, and any depar-
ture from the strict enforcement of
that rule can only bring discredit
upon the grand jury.
"On the other hand. if in any of the
city departments proof of corruption
or misconduct is found, the offender
should be brought to book. and, if war
ranted, should be convicted upon the
findings
Thanks From Swami
District Attorney Swanr-"May
have made? | should like 10 supple
ment them. The grand jury, like any
'ther public body, is very apt to re
,;eive communications, anonymous or
otherwise, from persons with motives.
The grand jury, because CT the secret
nature of its deliberations, would be
an opportunity for persons with mo-
tives to try to get them to investigate
some enemy Now, this is a very in
teresting point which I am going to
speak about, and l hope your honor will
bear with me. The coming year there
is going to be very momentous elec-
tion. 1t is Presidential year.
Justice Weeks-"I have already
made reference that no personal or
political bias should influence their
delibe rati0ns."
Mr. Swann--"I do not mean to say
there is any member of the grand jury
who would be swayed by any such con
diton This is "a very embarrassing
situation. | will give the grand jury
every aid possible. They might select