The New York herald., 1920-01-15
GRAND JURY REBUKES GOVERNOR;
ASKS THE ATTORNEY GENERAL TO
IGNORE HIM AND AID INQUIRY

pressly or by implication. is given the
power or imposed the duty 10 formulate
charges against public officials for pres
entation to the Governor Therefore. II
the members or the Grand July were g al
tempt 70 formulate sucn charges taev
would be but the charges OF TTIdlvidulis.
They would not be the charges Of an off
cial body,
"The Grand Jury. therefore. declines
70 prefer charges 10 Your Exceilency
against the District Attorney. as sug-
gested by Your Excelleney.
Mentions "Master Trickster"
High officials Of this county whetha-
or not as puppets of the Master Trickstcr>.
have publicly charged infamous crimes
against citizens, humble and other
wise, OF which not one word Of proof has
been brought before us. They have at
tackled the federal judiciary they have
decried the ancient institution of the
Grand Jury; they have created animuses
and disorder, harmful and injurious to
the public welfare. Such abuse is in
Itself intolerable. II not unlawful, In any
civilized community; it is a reckless ana
sinister appeal to the dissatisfied elements
in every class, more subverslVe than
Bolshevik propaganda because emanatihg
from public authority.
Nevertheless. the Grand Jury's inquir-
les are delayed and obstructed because
only of a technicality. even II there be
such No other sufficient reason than
purpose 10 circumvent the Investigations
initiated by camouflaging the facts and
wearing out or discredting this Grand
Jury is discernible
The contention that Your Excellency
has lacked power 10 designate the At
torncy General. under the executive law,
section 81, subdivision 2, in the absence of
an allegation OF specific crimes against
specific persons, which could then be
specified in n direction to the Attorney
General, appears untenable, since there is
nothing that requires such a specification
in the law"
| The Grand Jurors then quote the law re-
garding the power of the Governor to
designate the Attorney General TO appear
before Grand Jury to conduct an inquiry.
and declare the law specifically empowers
the Governor TO appoint the Attorney
General in the Investigations they are con-
Quoting.
"Pubiic Has Been Benefited,
| However" the communication con-
cludes. should the public purpose of the
Grand Jury be frustrated because of Your
Excelency's evasion OF the issue, or be-
cause OF the unwllingness of the Attorney
General to act or because of the adjourn
ment of the term of court. the Grand Jury
firmly believes that the considerable
amount of regular business it has accom-
plished Is unimportant compared with the
good that will issue to the people at large
because OF their better knowledge of the
Grand Jury and its real purpose
| The letter to the Attorney General con-
tains copy OF TIE Grand Jury communi-
cation to Governor Smith 1t declares
lit Is the opinion Of the members of the
body that the Attorney General retains
under the constitution his common law
powers to appear before grand jures and
prosecute criminal offences on his own
initiative. The letter adds
The extraordinary Grand Jury there
| fore begs to request you, the Attorney
General yourself or by deputy, in the
exercise of the constitutional prerogatve
of the Attorney General, to appear scfcre
| 1t in the capacity of legal adviser and
counsel to It, and in this connection to
conduct the Investigations and to prose-
cute the criminal cases with which it is
or may become concerned"