The New York herald., 1921-01-23
WHITMAN INQUIRY
BACKED BY MILLER
Continued from First Page

District Attorney Weeks of Nassau
county evidence developed there that
stolen automobiles have been distrib-
uted all over the United States by
gang with headquarters in New York.
Charles Hansen, Nassau county's fin
ger print expert. will probably visit Mr..
Whitman tomorrow with information
brought out in the Grand Jury inquiry
in Mineola, that motor thieves i'm Mas
sau county have been protected by GER
tain members of the New York Police
Department Harry Luce Of the Auto
mobile Underwriters detective bureau,
who traced the ownership of the two
cars bought by Aubrey Petit, Superin-
tendent of Buildings in Nassau county,
will also see Mr.. whitman. Mr.. Petit,
who was indicted on Friday on two
counts charging hins with receiving
stolen property, pleaded not guilty yes
terday and was held in $500 bail by
Judge Lewis Smith for trial.
Hatch's $4,000 Cheek.
Lawyers regard it rs doubtful If Mr..
Whitman could make use of the $50, 900
check which Edward Hatch. Jr.. gave
him on Friday to finance his police IN
vestigation if the city authorities re-
fused to do so. They say he would be
liable to prosecution under the very law
under which he has caused the indlct-
ment of Police Captains William a.
Bailey and Percy NJ. Du Bois. This IS
Section 1896 Of the Penal Law. entitled
Taking Unlawful Fees" 1t reads
"A public officer or a deputy, clerk,
assistant or other subordinate of pub
lie officer, or any person appointed or
employed by or in the office of public
officer, who shall, in any manner act
81 in, ,f officer
who asks or receives any emolu-
ment, gratuity or reward excep,.
such as may be authorized by law, for
doing or omitting to do any official
act or any act whatso-
ever related directly or indirectly re-
lated to any matter in respect to which
any duty is imposed upon
him. shall be guilty of a felony.
punishable by Imprisonment for not
more than ten years or by fine OF not
more than $1,000 or BOTH
Mr. Whitman said ON Friday he could
not pay his own salary out of Mr..
Hatch's $4,000. but thought he could
pay his assistants out of it. He Is
sworn in as a public officer, however,
and although his assistants are not. the
law Just quoted forbds the acceptance
of an outside fee by ANY persons APP
pointed or employed by or in the office
of public officer"
One of the considerations on which
this law was based. ii was pointed out
yesterday was the obvious fact that If
private individuals were allowed to
| finance public officers there was danger
of those officers being controlled by the
men who supplied the money. When
Grover Cleveland was Governor he was
obliged to remove District Attorney
who accepted 5000 to aid in the prose
cution OF a murderer.
However, Mr.. Whitman has not cashed
Mr. Hatch's check and IL is probable hs
regards 1t merely as useful in showing
the Board of Estimate and the Alder.
men that his investigation is not to bt
trifled with.
Explanation of the Oner.
Mr.. Hatch said yesterday
my motive in giving Mr.. Whitman
my check was entirely civic. / have M
grudge of any kind against the police
but the department is under a cloud
The fair name of this wonderful city /!
besmirched, and an investigation /.
necessary to reach a basis for cleaning
house.
II think the police will welcome nj
investigation as some very rough state
ments have been made about that bod,
of men, and conditions would seem I,
justify the talk of maladministration.
"Mr. Whitman did not ask me 70