New-York tribune., 1920-01-15

poses of the grand jury be frustrated
because of your eXcellency's evasion of
the issue, or because of the unwilling
ness of the Attorney General to act. or
because of the adjournment of the term
OF court, the grand jury firmly believes
that the considerable amount of regu-
lar business it has accomplished is un-
important compared with the good that
will issue to the people at large be-
cause of their better knowledge of the
grand jury and its real purpose.
They will better appreciate the right
to a spirit of self-rcliance or of free
dom from the subordination to others
OF this most important bulwark of the
peoples liberties-a protection against
the tyranny of unjust prosecution. If
the laws have been so enacted as to
impair even to slight extent this safe
guard of the public veal it is time
that the laws should be amended, so as
to restore its full usefulness.
"With ass.,rances OF the profound
respect of t.-c grand jury and it's re-
gret to feel that circumstances it has
SO patiently endeavored to avoid re-
quire that it place before your excel
lency this unanimous expression of
opinion"
The jury's prescntment, filed earlier
in the day with Justice Weeks, reports
the dismissal of the following charges
made by the Mayor:
81. Conspiracy between certain Off
GERS Of the Interborough Rapid Transit
Company and officials of the Brother
hood Of Interborough Employees.
"2. Conspiracy between one Frank
Hcdley and another to commit an act
injurious to trade and commerce and
thereby to intimidate certain public
officers"
"No attempt whatsoever was made
by the District Attorney to present
evidence in support of the second
charge" read the presentment. "In
the jury's opinion, the evidence pre-
sented was not only entirely INSULT
cient to warrant the finding of an in
dictment, but lacked any real basis Of
substantial fact. :"
This formally ends the charges
brought by Mayor Hylan after the re-
cent subway strike. He alleged that
not only was the Interborough strike
a conspiracy between company officials
and workers, but that there was an
other conspiracy to intim idate officials
into granting the syst, an Scent
fare.
The presentment also quoted from
Mr. Swann's written stipulation agree
ing to making public all sections Of
the grand jury minutes, excepting
those on criminal anarchy.
"Thc grand jury very respectfully
requests the court to make public the
grand jury minutes in the Inter-
borough Rapid Transit Company mat
ter" read the presentment. "The
grand jury does not agree, however,
with the suggestion of the District
Attorney that the minutes of all it's
proceedings should be made public at
the present time, as the grand jury
believes that it would be improper to
make public the minutes of cases
which arc still under examination"
Alfred ]. Talley, chief assistant to
Mr. Swami, declared that the District
Attorneys Office wanted call the min
utes made public or none" He ind-
Gated that the District Attorney would
not consent to merely giving out the
transit records.
If Mr.. Swami has his way the min
utes dealing with vice, gambling and
police scandal, as we'll as those on the
"overshadowing crime" and alleged
misconduct in the District Attorneys
Office and the city departments, will be-
come public documents.
Justice Weeks announced that he
would take the minutes matter under
advisement. Part or all of the records
probably will be become public next
Monday