New-York tribune., 1920-10-14
Bar Declares
Swami Unfit
To Be Jud &c
CONTINUED from page onc)

it tended to prejudice and oppress the
accused.
Nor has the management of the
Office of District Attorney during the
past five years been satisfactory.
"The office of Distrlct Attorney is
very important in the admin stration
of criminal justice and constantly calls
Upon its occupant to exercise judicial
functions. He is state officer and
represents, as the Court of Appeals
has declared, the majesty of the law
1t IS part of his duty to be scrupu-
lously impartial and to respect the
constitutional ri~lts Of accused per-
sons, to protect the innocent as we'll
as to punish the guilty and not to seek
victims through the aid of passion,
sympathy or resentment A District
Attorney who lays aside the Impartial
ity and dccorum that should character
ize his official action ceases properly
to represent the public interest and to
uphold the due administration of the
law.
Terrorizing Charged
Judge Swami has not administered
his duty in conformity with long-es-
tablishcd standards, but, on the con-
trary, has resorteo to the practice of
terrorizing defendants in criminal cases
and of seeking 70 obtain incriminating
evidence from them by oppressive
methods.
"Moreover, he has departed from the
proper and orderly methods OF admin
istering criminal justice by frequently
making public for sensational purposes
evidence procured by him, professedly
TO be submitted to the grand jury. Al
though the statutes make him the legal
adviser of the grand jury, one grand
jury still in session has refused to ac-
cept his counsel and applied to the
Governor for a substitute
"Charges We're preferred against
Judge Swami as District Attorney in
1917 and referred by the Governor to
cX-Justice 1ngraham as commissioner
for investigation. The findings of fact
then made showed the administration
of the Office TO have been blameworthy
criticism, although Judge Ingraham
certified in his report, filed in August
1917, that notwithstanding his finding
of fact and criticism the public interest
f,, u
ercise of his discretion in refraining
from removing DISTRICT Attorney
Swami. Nevertheless, the findings of
fact would have fully supported such
removal
Swami Charges Conspiracy
When Judge Swami was told of the
Judiciary Committees action he issued
statement bristling with invectives,
in which he CHARGED tn committee and
its members severaliy with plots and
counter plots to ruin him in public life.
He said he felt complimented at their
action, and added in part:
The judiciary committee of the New
York County Lawyers Association last
week unanimously approved me as a
candidate for justice of tho Supreme
Court. That committee is composed of
rcd-blooded, independent thinking
American lawyers
~ am just informed that the judi
ciary committee of the City Bar Asso-
cation has paid me the special compli-
n,ent of disappearing Of my candidacy.
] am pleased that they disapprove Of
me personally and as a candidate, but
| regret they have gone to such lengths
IN their abusive statement. II they
had not disapproved me | would not
feel satisfied with nay past official rec
ord.
During the last week l have re-
ceived warnings from three different
sources that if / did not discontinue
the present John Doe inquiry into the
larceny of $1,O0OOO0 from the State
Treasury by political ring, operat-
ing from Albany, my character would
be attacked and an effort would be
made to destroy me by the most pow
erful combination Of interests in this
state. They are evidently attempting
to make good the hreat, but We shall
see whether it Aas any effect, either
IN my candidacy or in the exercise of
the functions OF my Office. No one can
ever accuse me Of sparing crook be-
cause of his high social or financial
position.
Mr. Swami attacked John A Carver,
vics-president OF the Bar Associate on.
III connection with the gas litigation
and continued:
Ancthes' mernbe: OF the Judiciary
cornrnlrtee which disapproves of me is a
notorious political counsel for the Inter
borough Rapid Transit Company tha.
has a practical monopoly OF the transit
business OF Manhattan and the Bronx
! have cunsis tentfy opposed their efforts
TO charge a l0-cent fare, and insist upon
holding them to their contract contained
III the lease o. the city-buil, subways,
wherein, IN consideration of the CITY
leaving to them the city-built subways
for fifty years, they contract to carry
the public for farp of five cents and
not more
The secretary Of the Judiciary Com
WHO also disapproves Of me, is