New-York tribune., 1921-01-18
City Officials Promises
to Furnish Police Aid
for Grand Jury Inquiry
After Hearing the Law
'Al' Thomas to Get
On the Job Today
Mayor and Commissioners
Not Quizzed; ; Indictment
Reported Threatened

Reported d Threatened
Rule 1S4 Of the Police Depart.
ment, by which Mayor John F.
Hylan and Police Commissioner
Richard E. Enright could virtually
tap the wires of grand jury inves-
tigation, is to be rescinded.
Any member of the Police Depart
ment called by the January extraor-
dinary grand jury/t to assist in the
investigation of the Hylan admins
trat;on will be assigned to former
Governor Charles S. Whitman, spe-
cial counsel, without limitation.
Mayor Hylan and Commissioner
Enright, who had refused police aid
for the inquiry, have capitulated, ac-
cording to an announcement made
yesterday by Mr.. Whitman, after an
hours conference with the two Of
ficials.
Tribune Exposed Existence of Ruls
The Tribune exposed the existence Of
Rule lo4 week ago yesterday. Dis
trict Attorney Swami and Mr.. Whitman
Immediately made demand for it's ah.
rogation because it was felt that it was
serious handicap to the inve stigation.
The rule says:
ANY member of the department
summoned to the District Attorneys
office of any county, in connection
with case in which ne or any other
member of the department is apt to
be made or become a defendant, will
report the facts in detail at once to
the Police Commissioner
Hylan and Enright were under grand
jury subppnas when they appeared at
the Criminal Courts Building yester-
day. The issuance of the subpnnas
followed the refusal of both officials to
assist the grand jury in conducting
this investigation.
HyIan Asks for Conference
The Mayor, the first to arrive, went
to the Office of District Attorney Swami
and sent a process server to Mr.. Whit
mans Office to announce his arrival.
Old-timers in the Criminal Courts
Building gasped when they found that
the Mayor was seeking an interview
with the man who, as counsel to the
grand jury, had subp9naed him to ap-
pear for examination. 1t was without
precedent. they said.
A few minutes later Police Commits
sioner Enright arrived, but not until
after Mr.. Whitman had been in con-
ference with the Mayor, reading to the
city's chief executive Section 1851 of :
the Penal Code. which makes it mis-
demeanor for any person wilfully to
obstruct an official investigation.
Statement by Whitman
Following All hours conference, the
last fifteen minutes of which Commits
sioner Enright remained in an outer
room, Mr.. Whitman gave out the fol-
lowing statement:
"The District Attorney is constitu-
tional officer He is answerable to the
Governor, not to the Mayor. He
is the chief criminal law officer of the
county and he proposes to act as such
until further notice Section 184 of the
police regulations viii be rescinded at
once. The regulation, as | am informed
by the Commissioner, was adopted for
disciplinary purposes solely.
''The Police Department, and every
member in the department, from patrol
man to Com missioner, will conform to
the requests Of the District Attorney
in connection with his efforts to en-
force the law.
eve will have all the men that We
need and they will be assigned to us
when we ask for them and such men
as we ask for"
Sergeant Thomas to Report
In giving out the statement, III.
Whitman said that he had been assured
that Detective Sergeant AL" Thomas.
confidential man to Whitman when
District Attorney, would report to his
Office this morning for assignment.
The action of the Mayor and the
Police Commissioner did away with the
immediate necessity of a demand by
Mr.. Whitman for the removal by the
Governor of MIR. Enright and the en-
tertaining by the State Executive Of
charges against the Mayor.
1t eliminated also the necessity Of
ihumiliating them by indictment by the
grand jury.
Neither the Mayor, the Commissioner
nor Mr.. Whitman would discuss what
occurred at the conference between the
three.
Gossip about the Criminal Courts
Building, however, was that Mr.. Whit
man made his position very plain.
Throughout the building it was said
that Hylan and Enright at first were in-
clined TO hold to their original posi-
ticn of refusing police aid to the grand
jury investigation.
Threatened Indictments Rumor
Section 1851 was read to them. ae.
cording to the gossip, and then they
asked for permission 20 consult with
the Corporation Counsel. This rumor
Is based on Whitman's statement. in
which he said that he was state
officer and in no way responsible q
the Mayor.
1t is said that Whitman informed
both officials that he would get what
he wanted in the way Of support from
the city administration or he would
go in ard AJAX for indictments before
sither left the building,
hen tho rumors were pus to Me.
Whitman, he said:
"Ail have to say about the con.
ference with the Mayor and Mr.. En-
right has bess stated in the anncunco.