New-York tribune., 1921-03-28
Only Livingston
Stands in w ay
OF Graft Probe
Legislature to Name New
York City Investigating
Committee Unless Kings
Leader Can Impose Will
Much Evidence Ready
Judge Mcintyre to Make
Ruling To-day in the Case
of Wendell and Travis
From a Stat Correspondent

ALBANY, March 27,-The Legislature
xili order an investigation of the graft
and corruption in New York City unless
the influence Of jacob A. Livingston,
one of the leaders of the two Repub-
lican factions In Kings County, is
greater than the wishes Of Governor
Miller and the legislative leaders.
The leaders here acknowledge that
they have sufficient evidence to keep an
siderable period. They also admit that
they have sufficient evidence to warrant
the removal of one of the high elective
officials of the city. They further admit
that conditions have been proven to be
as bad as pictured in the short time
that former Governor Charles S. Whit
man has been at work in District At
torney Swann's Office on graft hunt.
What is especially convincing to them
is the conviction of a policeman on a
charge Of shooting to death small
bow two years after he had been white
washed by District Attorney Swann's
Office and shielded meanwhile by police
officials.
Governor Miller ten days ago indi-
Gated his belief that . legislative In
vestigation was necessary. Since then
Mr.. Livingston has announced that he
is still bitterly opposed to an investiga-
tion, fearing, he said, that it would act
as boomerang.
Dispute az to Trial Delay
On the floor Of tho Assembly, one
Of the Republican members from Kings
County, Assemblyman James T. Carroll,
declared that it was rumored that the
reason there is so much objection to an
Investigation by certain gentlemen is a
desire to protect men under Indictment
in District Attorney Swann's office,
naming State Comptroller James A.
Wendell and former Deputy Comptrol-
ler Eugene M. Travis.
These two men, together with third,
Albert Judsoa, bond broker, and a
TREND of William Barnes, were in
dicted for alleged fraudulent connec-
ton with the purchase of millions of
dollars worth of bonds for the state
sinking funds.
After this charge was made four days
ago District Attorney Swami said that
the court was responsible for the men
not being put on trial.
This was Immediately denied by Judge
John F. McTntrye, of the Court of Cen
eral Session, who declared that the
District Attorneys Office, and no one
else, was responsible for the delay.
Judge Mcintyre charged that although
about three months had elapsed since
counsel for the accused men had put in
a request to inspect the grand jury
minutes, and the District Attorneys
Office at the time said they would file
an opposing brief, none had been filed.
At the same time Judge Mcintyre an
nounced that he would render his deci-
sion tomorrow without waiting for
further action by the District Attor-
ney's Office.
Swami Involved in Evidence
A considerable amount Of the evil
dence lxid before the legislative lead
ers to show the need of an investlga-
ton of the New York City government
involves the Office of District Attorney
Swami. Other departments against
include Che Police Department, the
Dock Department and the Street Clean
ing Department..
Those familiar with conditions in
New York City are unanimous in de-
claring that It will be easy for iegls-
lative investigating committee, prog
erlv constituted so as to insure effl-
cient functioning, not only to show how
the public treasury has suffered dur
ing the regime of Mayor Hylan, but to
provide against repetition Of some OF
the thefts by legislative enactment.
The legislative leaders in the last
few days, in talks with the Irlpune
correspondent, have declared that they
were for an investigation, and that
what was concerning them now was the
personnel of the committee, which they
want to be of such high caiiber that
effective work will be assured.