The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-10-26
BUILDING PROBE
| MIXED IN FIGHT
| ON PROSECUTOR
Untermyer Wants Newton
Named; Tammany Pushes
Swami.
SMITH MAY SIDESTEP
No Promise Of Appointment,
but Will Hold Con-
ference To-day.
2 POLITICIANS INVOLVED
Lockwood Committee Gets New
Leads From Contractors
in Fear of System
2 POLITICIANS INVOLVED

The Lockwood committees investi-
CATION into the system believed to
control New York's building opera
tions developed yesterday into bitter
Sght over the appointment of the off,
cial who Is to conduct. the criminal
prosecution of prominent labor leaders
and politicians against whom counsel
for the committee declare they are
ready to proceed.
Samuel Untermyer, chief counsel for
the committee, led the fight against
Swami. 1t was intimated that Mr..
Untcrmyer did not care to go further
with the inquiry unless the State At
torney General or a special prose-
cutting officer was named by Gov.
Smith.
Tammany politicians were bringing
into play all their influence to keep
the criminal prosecution in the hands
4 of District Attorney Swami. The Dis
4 trict Attorney himself showed little
concern in the matter, but indicated
he was prepared to proceed at once
against any one involved in the graft
and extortion charges.
VIII Hold Conference To-day.
When Gov. Sm,nN arrived late in the
afternoon FIR the windup OF his cam
| paign here he found complicated situa-
tion. Mr.. Untermyer the Attorney
| General Senator Lockwood and others
were waiting to confer with him. but
In the pressure of his engagements the
| Governor was not able to- hear the
several sides OF the case. He will con-
FER with the State and county repre-
sentatives to-day. when his decision
| probably will be given.
| It is understood that several promi-
nent politicians are alarmed over the
sudden and sensational development Of
evidence before the Lockwood COM
mittee and are much disturbed over the
prospect Of having the criminal prosecu-
tion turned over to the Attorney Gen
eral Indications are that under the
surface great efforts are being made
to defeat the plan laid out by the Lock-
wood committee and it's counsel
The Governor said his mind was opsn
and he was waiting to be shown. 1t Is
a question. he said, whether It Is neces-
sary for him to take action at all.
Justice Weeks may have authority to
instruct the present extraordinary Grand
Jury to take up the building case, as It
did the traction and milk Investigations,
without special authorization from the
Governor, Mr.. Smith said. That is
legal proposition, he added, on which
he would seek light before giving his
decision
No Request From Newton.
II the Governor stepped out Of the
entire controversy by leaving the issue
with Justice Weeks, II would auto
maticaily place District Attorney Swami
In charge Of the criminal prosecution.
which is exactly what the Lockwood
committee and Mr.. Untermyer oppose.
The Lockwood committees letter
reached me last night and have not
had time to consider It," the Governor
said. THE Attorney General told me
a week ago that II had been suggested
he take up the criminal end of the case
before the Grand Jury, but he was not
ready then to say whether that would
be the best thing to do. 1t ie not true
that Mr.. Newton asked that he be
designated. I will consult with him at
the first opportunity.
THE big question involved is the
substitution of the Attorney General for
the District Attorney, and on that my
mind ia open. 1t has been said that the
District Attorneys office is overburdened
with work. / want TO talk to Mr. Swami
about that. They say Mr.. Swami should
not take up the case because he Is n
candidate for office. but the Attorney
General also II n candidate for office"
'Do you know Robert =. Brindell7'
the Governor was asked.
'I talked with him once about five
minutes at a labor meeting. and APP
pointed him a member OF the Military
Hospital Commission on the recon-
mendation OF the state Federation OF
Labor. have no personal acquaintance
with him"
III is reported that Mr.. Untermyer
will resign unless the Attorney General
handles the case, the Governor was
told.
let them come and see me-" he
commented
opposes Tanmany interference.
Mfr. Untermyer opposed the sugges-
tion for calling a new panel for an ex-
traordlnary Grand Jury. That would
take a month. and he said no time should
be lost. He has made no statement CIV
ing his reasons for insisting that the
Attorney General or some special officer
be DESIGNATED In the inquiry.
According TO information already in
the possession Of the committee. at least
two prominent rammany eadera are in
I, voIved in the case. In order to Insure
the fullest possible scope FOR the inquiry,
Mr.. Untermyer. prominent Democrat
insists that the prosecution must be kept
entirely out Of the hands Of Tafnmany
officials.
Attorney General Newtyn said he had
not requested his appointment to prose-