The New York herald., 1920-12-25
SWAMI DENIES HE
INTENDS TO RESIGN
TO GET JUDGESHIP
Declares Hs Is Not Candi-
date for Vacant Seat in
General Sessions.
WANTS TO FIGHT CRIME
District Attorney Asserts
He Has Authorized Nobody
to Speak for Him.
NO DECISION BY SMITH
Significance Attached to Men
tiOn of Justice McGOldrick
for Appointment.

District Attorney Edward Swami
issued a statement yesterday in which
he declared that he was not a candi-
date for the appointment to fiji the
vacancy on the bench of the Court of
General Sessions caused by the death
he had no intention of resigning his
present office in order that his name
might be presented to Gov. Alfred L.
Smith.
1t was the first time that Mr.. Swami
had broken his silence on the subject
of the appointment since the publca
ton of articles in THE New YORK
HERALD disclosing the fact that Demo-
cratic politicians were arranging to
have him resign as District Attorney
and then induce the Governor to name
him to succeed Judge Malone.
The appointment of Mr.. Swami as
Judge of General Sessions, with another
year to serve in the unexpired term of
Judge Malone. would give him a distinct
advantage. politically. over others who
might run against him when he came
up for reelection. Considerable criti-
cism was provoked by THE NEW YORK
HERALD's disclosure that Democratic
politicians thus were arranging to care
for Mr.. Swami, and the District At
torney's statement yesterday is regarded
as the direct result OF the criticism.
1t is considered significant in political
circles that during the last few days the
name of Edward j. McGoldrick has been
prominently mentioned in connection
with the appo intment TO succeed Judge
Malone McGoldrick is a Justice of the
Supreme Court, to which he was ap-
pointed by Gov Smith TO fill the unex-
pirod term of Justice +. Henry Dugro.
He was formerly an Assistant Corpora
ton Counsel. He ran for Supreme Court
at the last election. but was defeated by
1sidor Wasservogel. Republican.
| Mr. swann's Statement.
Mr.. Swanns statement was issued
| formally from his office and said:
"I have no knowledge of any such
movement no one has suggested it 10
me: l have made no application or re-
quest and have not authorized any one
to use my name in connection with the
vacancy. am not a candidate foi
the appointment l left the General
Sessions bench five years ago for the
! important office of District Attorney
| have stood twice for that Office and
teen twice elected by the people, and
have one more year to serve.
The work is enormous and very ex
acting. but 1t is of great interest. and
although I am greatly in need of rest
ii having been impossible for the las
five years for the District Attorney e
take any vacation. summer or winter
! have no intention of leaving the offic,
at this time, In the midst of Grim,
wave. when the vigorous and speed,
prosecution of criminals. big and small
and the imposition of speedy and ade
quate sentences is so necessary for tn,
people of this county"
over at his home in 25 oliver stree
yesterday Gov. Smith was giving du.
and careful consideration to the claim.
Of party organization members whc
think they should be taken care of be
fore he quits Office on January /. Blu
the Governor declared that ne had no
reached any decision as yet regardins
the appointment of successor to Judg,
/ Malone.
When ! do he said. 1T will be an
| nounced from Albany
! Friends OF Gov. Smith, men whose
political affiliations are such that they
might be expected to excuse almost
anything done In organization interests
| freely expressed the hope last nigh,
that the rumors current that District
Attorney Swami would be elevated tc
the General Sessions bench were with.
1 out foundation. Men who In the pa al
| have supported Swami and. more re.
/ Gently, apologized for him Joined in
this expression.
Gneenlaftnn