The New York herald., 1922-12-03

L. a. WHO mas on MS SLdlI one tflal
assistant so preeminently able that as a
matter of course he takes, whenever nee
essary, the chief prosecutors place as
the advocate of the people. In ancient
days rival assistants would resort to every
sort of huggermuggery to get possession
and control Of cases likely TO attract public
attention. One excellent method was some
how to work ones way into a case in the
beginning and stay there, refusing TO sur
render ones prior rights, even to an older
and perhaps better man; another was to
invoke a gentle diplomacy which might in
duce the right person to "ask'' that par
ticuar assistant should be assigned" 10
try the case. 1t is no small task for the
ID A" to keep peace in his official family,
and it requires skill to keep all the official
noses properly in joint. There have been
occasions when assistants who had quar-
relied over some case never spoke To one
another again. Losing the chance of ones
young life to "make a big reputat tom
comes very hard. Yet, looking back
wenty odd years, it does not seem as if
he regulations won in the criminal courts
often lead to high forensic triumph in
>ther tribunals.
The District Attorney who does not hew
close to the line of single minded duty
lays up unending trouble for himself He
is lost and forever damned if he regards
his office as a mere opportunity by which
to rise to higher things either on the
stepping stone of his own dead self or of
some unfortunate accused of crime. This
is why so many favorite sons who have
had enthusiastic support at the beginning
of their terms of Office have failed in the
end to satisfy the requirements of shrewd
and discerning public.
A newly elected District Attorney has
everything his own way; he is Officially
at least) on the side of the angels: we
know that he has at best hard row to
hoe and that a man cannot be in twenty
places at once. and if he speak us fair
we naturally give him the benefit OF any
doubt and wish him godspeed. Yet there
is sometimes a danger of his utilizing the
very magnitude and multiplicity of his
duties as an excuse for doing little or
nothing. Many years ago the fact that the
District Attorney was himself engaged in
the trial of important cases rendered it
necessary 10 create the unofficial office OF
Acting District Attorney in order that
some one of his assistants might perform
in his temporary absence those less con-
spicuous duties which in the aggreg gate
really constitute the bulk of his public
service.
AS time went on, the acting" District
Attorney upstairs seems occasionally to
have rendered the District Attorney act
ing" downstairs immune from the ordinary
labors of his Office, even when he was
neither downstairs nor acting. The ancient
Aztecs are said to have so ordered their
judicial arrangements that their Judge.
sat in a great room where all who called
to converse or consult with them might bs
seen. Thus also it could be observed where
they were themselves as well. Sometimes
it is hard to find out whether a District
Attorney is up town. down town, actually
behind his mysteriously closed oak door, or
with Mr. Jones or Smith acting" as a
stalking horse In the office opposite, has
beaten it, to French Lick, Palm Beach
or Saratoga.