New-York tribune., 1920-01-15

every class. more subversive than Boil
shevik propaganda. because emanat-
ing from public authority.
Nevertheless the grand iury's in
qulrles are delayed and obstructed be-
cause only of a technicality. even If
there be such.
The contention that your excellencv
has lacked power to designate the
Attorney General, under the executive
law, Section 62, in the absence of an
allegation of specific crimes against
specific persons, which could then be
specified in direction to the Attorney
General, appears untenable. since there
is netting that requires such specif
cation in the law which we quote
"A review of the cases in which the
Governor of the state has hitherto
made such orders will demonstrate
thae there has not often been such
dehniteness or specifications as is now
claimed to be necessary. The statute.
which the jury quotes, would seem to
have permitted your excellency to re-
quire the Attorney General to manage
and conduct all criminal Investigations
and proceedings before the extraordi-
nary grand jury"
Proper Counsel Lacking
Then the jury quotes sections of the
law "iiICh tue aiHiiTaIl panel cOnCendS
enable Mr.. Smith to give them the At
torney General without specific charges. S.
ut seems so palpably absurd to at
tempt to investigate the District At
torney's office with the counsel of the
District Attorney that the grand jury
has perforce endeavorcd to proceed
without counsel" says the panel.
Lack of proper counsel and an ade-
quate staff of assistants continues to
prevent thorough inspection of the
written submissions and the legal ex-
animation of witnesses, and, as your
excellency knows, there is also the con-
ings of the grand jury by the mad
vertent admission of invalidating evil
dence.
"Nowhere in the statutes, either ex-
pressly or by implication, is given the
power or imposed the duty to formu-
late charges against public officials for
presentation to the Governor. There
fore, if the members Of the grand jury
were to attempt to formulate such
charges they would be but the charges
Of individuals. They would not be the
charges Of an official body.
Adequate Assistance Refused
"Your excellency suggests that the
grand jury shall assume responsibility
for the validity Of charges which your
excellency has previously denied it law
full and adequate means to investigate.
Neither as individuals nor as a body
should the grand jury make itself re-
sponsible for charges against the Dis
trict Attorney or any one else which it
has been unable to investigate or verify
in proper and trustworthy manner
for want of counsel.
"The grand jury believes it should
not abdjcate its own function
to inquire into the willful and
corrupt misconduct in Office of
public officers of every description in
the county Of New York.
"Unlawful conditions, including the
willful and orrupt uses Of public office
and 'overshadowing crimes in general
may not usually be investigated with
success by public proceedings said
Smiths suggestion that such specific
charges against Mr.. Swami as it might
make be heard by commissioner.
/. The fury bases its contention that
the Governor has the power to turn
over the inquiries to the Attorney Cen
eral on Section 62 Of the Executive
Law, Section IS, the Executive Law, and
the "peace and safety act" contained in
the latter section Of the law.
at being within the power of your
excellency to appoint counsel to assist
in the transaction Of any of the lega.
business mentioned in Section 62," the
letter resumes, ait seems reasonable to
presume that your exccllcncy could
have appointed counsel to inquire or
require the Attorney General to in
quire into matters vita1ly concerning
public justice in the county Of New
York.
MHownxcr ahnuld tho nuhlic nur-