New-York tribune., 1922-11-07
Bantoll Agrees
TO Prosecute
Ballot f rauds
Dissrict Attorneys Reply to
Governor Is Believed TO
Echo Public Statement
Promising Early Action
Gilbert Voices Defiance
charges Will Be Pressed by
His Office Despite Court
Decisions, He Reiterates

r,i.srict Attorney Jcab r. Banton, in
letter dispatched yesterday to Gov
.ynor Miller, which the District Attor-
.ev declined TO make public, replied to
communication from the Governor
,viticizing his failure to co-operate
With Deputy Attorney General A. S.
Gilbert in prosecuting registration
srauas. The reply was said. however,
10 constitute an annpiification of
statement issued by Mr.. Banton for
publication, announcing hrs intention
i prosecute vigorously all election
fraud cases.
simultaneously Deputy Attorney Gen.
val Gilbert, In statement issued from
sis osaee, 1919 Broadway, declared that
fraud cases in which evidence has been
gsshered by his official staff would be
PRESENTED by the Attorney Generals
department and by no other authority.
Mr. Gilbert's statement came on the
heels of a ruling by Judge Rosalsky, in
Part /, General Sessions, which sup
) ported Judge Grains recent decision
holding the Attorney General without
authority TO appear before grand ju-
ries.
No Let down, Says Gilbert
Il have no wish to discuss this mat
.er further with Mr.. Banton," added
Nr. Gilbert. "What / desire to make
plain is that every case of fraud in
which my Office is concerned will be
prosecuted by the Attorney Generals
department. and not by the District
Attorneys office. Let those who have
registered falsely realize that IL they
attempt to vote they will be arrested
at the polls and that every person SO
arrested will be tried. There will be
tlecticn is over. | will procure
recsss. y authority TO present all
evidence in my possession to the grand
,ary and will take time to insure that
10 guilty person escapes"
District Attorney Banton's state
ment which is said to form the nucleus
Of his letter to Governor Miller, an
rounced the prosecutors intention to
proceed against all persons charged
with election frauds if worthy evil
dence is presented. He added:
'If Deputy Attorney General Gilbert
rad given me- the evidence he claims
to have in his possession it would
have been presented promptly to the
Grand jury If that body had returned
indictments the cases would have been
brought to trial Without loss of time.
Ii is unfortunate but true that the
Attorney General has no legal right to
;ppear before 4 grand jury in this
county. have recommended that
his power be granted him by legis-
iatiye enactment"
Finds 'Error," Not Fraud
The letterto Governor Miller is said
to contsin also a report OF findings by
Investigators Of Mr.. Banton's Office in
zoe cases ON supposedly fraudulent
REGISTRATION submitted by the police.
The District Attorney points out that
ajority of instances it was found
that persons against whom complaints
we're lodged had been victims of cler-
ical error. A large number of sup
posed frauds, it was said, had been
accounted for by removals and deaths.
Evidence obtained and submitted to
city magistrates resulted in but twelve
warrants.
Final instructions were given last
night to 600 special investigators, who
will cover the polling places ia Man
haitian, the Bronx and Brooklyn to-day
under orders from Deputy Attorney
General Gilbert and Deputy Attorney
Moscowitz A majority of men en-
gagged to watch polling places are law
yers, doctors and university students.
Twenty special deputy attorneys
general were sworn in before midnight
as district supervisors. They will be-
gin work at o'clock this morning, Wis
iting inspectors at the polls and OBJ
tanning reports upon which action by
officers of the Attorney Generals de-
partment may be taken in an emer-
gency
800 More Police Asked
Police Commissioner Enright was
asked last night by Mr.. Moscowitz to
assign 300 additional patrolmen to
polling districts in the water front sec
tsas Of Brooklyn. In making this
request Moscowitz echoed an earlier
statement by Attorney General Gilbert,
SAYING he believed the Police Commits
sohsr sincere in his instructions to
the police. Commenting ON Mayor
Hylans letter to Commissioner En-
tight, which ordered that the police
said:
Mayor Hylan will be held strictly
responsible for the attitude of the
foiice Department. ] am sure the
ponce have been properly instructed
% 70 powers of attorneys general. |
snuclpate no trouble. In fact, it seems
70 me there will be 8 quiet election, a
quick vote, an honest count and an
aeeufate return. / may be over-san-
galre, but have done my best to in
sure such result"
roilowing custom which has pre-
vahed In the District Attorneys Of