New-York tribune., 1921-03-04
Almirall. Jury
Ends Its Work,
urgingReforns
Recommends Appointment
of District Attorney by
Appellate Court and Asks
Reorganization of Office
Would Also Control Aids
Panels We're Convok e d
in 1919 TO Hear Cases
of Criminal Anarchy

The extraordinary grand jury con-
voked by Governor Smith in July. 1919,
of which Raymond f. Almirall, an
architect, was the foreman, concluded
its duties yesterday with the filing OF
veluminous presentment to Justice
Weeks, wherein numerous rccommen-
dations were made with regard to the
Office of the District Attorney.
One of these was shat the District
Attorney be appointed by the Appellate
Division instead of being elected and
that he and his assistants be subject
to removal by the same tribunal and
that the conduct Of the Office be ex-
amined and reorganized The present
ment also recited the work done by
the grand jury that came into being
originally to hear cases of criminal
anarchy.
Justice Weeks thanked the twenty
they had given to their work and com
plmented them on the loyalty to their
public duty. William Rand, special
tanned some of the indictments voted
by the jury, appeared n court and told
Justice Weeks that in view of the
drastic changes suggested, some of
them involving amendments to the
State Constitution, ne would like the
justice to make it known that the pre-
sentiment was drawn up and submitted
without any suggestion by the At
torney General
Justice Weeks announced that the
report was entirely the work of grand
jurymen and that no suggestion came
from either the Attorney General or
the District Attorney.
Takes Issue With Report
The extraordinary grand jury went
out of existence without throwing any
light on the "overshadowing crime"
which it announced had been discov-
cred when its, members investigated
the conspiracy charge of Mayor Hylan
in connection with the lnterborough
strike in August, 1919.
Joab H. Banton, chief of staff of
District Attorney Swami, and now act
ing District Attorney, discussed the
grand jury report, in which he declared
that in several instances Mr. Almirall
and his associates suggest certain
things in the office of the District At
tcrney that already were in practice
and in other instances took issue with
the recommendations because of what
he considered their infeasibility.
The recommendation of the jury that
District Attorneys be appointed, read:
THE Appellate Division of the Supreme
Court should appoint the District At
torney and have the power of remov
ing him at its discretion, as we'll IS
any member of his staff or employee
OF his office. The idea Of justice,
rather than that of either prosecution
or defense should be the determining
attitude of the Office.
Would Have Court Direct Office
"The District Attorney and the per-
sonnel should be generally under the
direct supervision of the Appellate Di-
vision, which would encourage and fully
Justify public confidence. against which
political and other oeliish consldera-
tions now seriously miltate.'
Continuing, the report said ihc
effort of this grand jury TO investigate
the office of the District Attorney was
prompted by the belief that the power
is inherent in that office, through the
grand jury, to inquire and correct will
full or corrupt misconduct by public
officials and to maintain by proper Wig
ilance a new respect for the pubhc
welfare Upon the Interpretation and
impartial application Of the criminal
law by this Office, and upon lnlt'atlVe'
grand juries must depend for guidance
"The people should be entitled to,
feel that this office is organized and
conducted without prejudice, fear or
favor to serve intelligently and eff
GENTLY its very considerable purpose
in our scheme of government. 1t was,
and remains, the opinion of this grand
Jury that the office or the District At
torney needs a thorough examination
and reorganization, and that the pres
ent method of preparation of the court
calendar should receive very serious
consideration"
Complete Report Asked
Saying that their observations with
regard TO reforms and changes in the
management of the District Attorneys
Office were confined to their own linn
tied experiences, the jury suggested,
among other things, thai the District
Attorney make u complete annual re-
port to the Governor of the work of
his Office, that neither the District At
torney, any of his assistants or other
employee of his office be allowed to en-
gage in the private practice of law, and
that there should be properly main
tanned complete department of filing
and records, to include a bureau of
audit and accounting, which bureau
should keep careful records of all bills,
salaries and other disbursements and
receipts.
An intelligence Office of trained de
tectives, not affiliated with any other
department and under direct control of
the District Attorney. is also sug
gested.
1t was suggested in the presentment