New-York tribune., 1922-11-06
District Attorney Given
Severe Reprimand for
Obstructing Issuance of
Indictments for Fraud
Punish HigIler-Ups,
Executive Demands
Hylan Orders Police TO
Curb undue Activity by
Special Investigators

District Attorney Joab II. Ban
ton was sternly rebuked in letter
written yesterday afternoon by
Governor Miller for having adopted
an attitude toward the prosecution
of election frauds that "may have
given encouragement to lawbreak-
ers," and was warned that there
will be no relaxation after the cleo
ton, and that If crimes against the
ballot are committed, it will not be
enough TO send few underlings to
Sing Sing Prison, but that search
ing inquiry will take place in order
to convict not merely the UNDER
lings, but also those higher up who
are really responsible.
"Public officers who either wink
at, condone or assist in violations of
the law will answer to me-" the
Governor told Mr.. Banton, adding
that he was fully cognizant of his
power to supersede the District At
torney, and that he would exercise
all Of the power that may be neces-
sary to prosecute anyone, high or
low, guilty of completely in the most
heinous crime Of all--crime against
the peoples suffrage.
Would Tie Watchers Hands
Evidence that the police at the poll
ing booths would be no more jealous
than the District Attorney--except,
perhaps, In overruling special watchers
and Investigators desiring to quiz
prospective voters-was seen in In
structions sent to Police Commissioner
Enright yesterday by Mayor Hylah.
The Mayor direcced the police to per-
NIT no undue delay or Interference"
by special investigators while the vot-
ing was on.
District Attorney Banton was called
to account by the Governor for COM
placence toward "the most serious
crimes that can possibly be commit
ted" for raising fine legal point
about illegal indictments when his
business is to obtain ,esa. inoict rents
and for failing to take steps to pre-
vent the commission OF crime.
Every citizen is enti.isd TO have the
ballot he presents to re inspectors
put in the ballot box ana % have 1t
counted as he marks 1t, whether he is
a Socialist, Democrat, a Republican
or the member of any other party
wrote the Governor. 81 happen to be
a candidate, but | am interested in this
subject solely as citizen and as the
Chief Executive of this state, whose
duty it is to see that the laws are ex-
cast for me. I intend that other cam
didates shall rot nave votes either cast
or counted for them not intended by
the electors"
Governors Letter
The Governors letter to District A&-
torney Banton follows:
Dear Sir: Your letter of November
2 has just been brought to my at
tention. l do not wonder that you
felt called upon to make an explanation
of your attitude toward the prosecu-
tion of crimes against the electoral
franchise. Frankly, your explanation
does not satisfy me.
THE important thing is to prevent
crimes and not merely 20 prosecute
them after their commission. This
was we'll illustrated last spring when
/ secured for you additional terms
of court and additional assistants, and
your vigorous prosecution Of cases
with that additional assistance broke
the crime wave in Manhattan. The
same attitude on your part now would
deter people from committing crimes
against the ballot. You appear 20 have
the view which, unfortunately. seems
to have prevailed too much in the past,
that such crimes are not serious
enough to call for vigorous proseua ;
tion. for you admit in your letter that
Jour force has been devoted entirely
TO presenting to grand juries other
prteon calendar of cases is only half
what it was year ago. Not one crime
against he electoral franchise has been
presented by you, and yet fagraut
cases of illegal registration have been
called to my attention, and take 1t
for granted that many o. these crimes
must have been called to your atteu-
ton by the police, as !s .s their duty
to do. The District Attorney of Kings
County has found No such difficulty az
you and the District Attorney of the
Bronx have found. There crimes
against the ballot have already been
( presented to the grand jury and i,l.s
dictments secured. The value Of that
is that others are warned in Kings
County that similar violations Of Inv
will there be prosecuted.
Demands Action, Not Quibbling
"you are making an ado over tho
Question whether the Attorney General
shsll appear before the grand jury OK
not. You say that his representative,
the Hon. Willisn Dean Embree, "a
former Assistant District Attorney and
q splendid lawyer was assigned by
Mr.. Gilbert 70 present these cases. 4
secured provision for you for v suffi-
cieht number Of assistants which would
have enabled you, If there was any
t'ing in the point you raise, 20 have
settled the matter by appointing Mr..
Embree one Of your own assistants for
the purpose of prosecuting these cases.
That would have given notice to thoss
contemplating violations II the law
that such violations would be pun
ished. Instead, you raise iins legal
point and express great anxiety lest
Illegal indictments ghouid be found
y 10 up 70 you to as3sxs isgal indsst-