The New York herald., 1922-11-01
Grain BARS STATE
IN REGISTRY CASES
UphOlds Banton Veto on
Taking Frauds Before
Grand Jury.
EIGHT ARE INDICTED
Seven Others Under Arrest
as Brooklyn Courts
Allow Action.
SETBACK IN THE BRONX
Justice Martin Decides
Against Prosecution by the
AttOrney-General.
SETBACK IN THE BRONX

Judge Grain in General Sessions yes
terday sustained the objections made
by District Attorney Banton to the
Attorney-G General presenting registra-
ton fraud cases to the Grand Jury.
Every case of fraud in connection
with the registration or election in this
town will be presented to the Grand
Jury" said Abraham S. Gilbert, Dep
uty Attorney General. IF any one
thinks we are going to stop because
of Judge Grains Interpretation of the
law or If any one guilty of wrongdoing
believes he can escape because we are
not now in the Grand Jury room he is
greatly mistaken. II the Judge who
succeeds Judge Grain sustains his de-
cision we will get superseing order
from the Governor"
The investigation was turned to the
negro section of Harlem. Agents re-
ported that four persons registered
from one house and two from another
in the same neighborheod could not
be found and were not known. A
score of inspectors will be sent into
that district to-day.
The District Attorney and Abraham S.
Gilbert, Deputy Attorney-General in
charge Of the investigation, both pre-
sented arguments to Judge Grain. Mr..
Banton contended that under section 81
a.. tofA Af1O fal hnd
no right 20 appear before the Grand
Jury. Mr.. Gilbert took the opposite view.
Grains Decision.
Judge Grain ruled: 1T is q matter Of
grave doubt with me as to which of those
two constructions is correct. But IL l
assume for the purposes of decision that
the construction Of the Attorney General
| Is right and the construction of the Dis
trict Attorney Is wrong respecting sec
ton 67. I am, nevertheless. of the opinion
that the effect Of the later statute, sec
ton 66-A, is to cut down the general
! language of section 81 and to limit the
powers of the Attorney-General to the
doing peronally or by deputy of the
things specifically enumerated in section
66-A, among which is not included the
right to appear before a Grand Jury, and
therefore decide that the Attorney-Gen-
eral and his deputy have no right to
appear before a Grand Jury"
While the Democratic county officials
in Manhattan were halting the inquiry
the Republican District Attorney in
Kings, John E. Ruston. opened the door
to the Grand Jury room in that county
and Grover w. Moscowitz, Deputy At
torney- General, presented fraud cases.
Indictments were returned against
eight men charged with fraudulent regis
tration. Seven others, charged with
false registration because they had been
convicted of crime, were arrested. Mr..
Moscowtz promised more arrests and
Indictments to-day.
Those indicted were George Gloster.
%, of 466 Madison street; Anthony
Trutone, 20. 242 Saclett street; Joseph
NJ. Lynch, 161 West Eighty-ffth street.
Manhattan Walter Scott, from SD
Court street; Gustav Variano. 2S North
Elliott place.; Samuel Kalb. 104 Dumont
avenue. and Marlse Menella. 917 Atlantic
avenue Each Of the defendants was
held in $1,000 bail.
In The Bronx the State representatives
received another setback when Justice
Francis Martin OF the Supreme Court
Marks on behalf Of the Attorney General
for permission to go to the Grand Jury
Justice Martin said he did not want to
see the Grand Jury get into a political
mixup.
"One OF the first recommendations
shall make TO the next Legislature Is TO
repeal that section OF the election law
which permits voters TO have assis-
tance," Mr.. Gilbert said. "It is abused by
unscrupulous politicians"
Poll Books Seized.
One Of the poll books in tie third
election district OF the Fourth Assembly
was seized last night by the Attorney
Generals agents and locked UP. It was
said that a number of Irregularities have
been found in that book. II gives evil
dence that assistance was given TO two
voters where there was no record OF as
sistanco being requested. In other Gases
| the surnames were changed. ReRistra-
| tions have been found In the custody OF
persons who have no right to them.
"One OF the things about which we
are most concerned is the unwarranted
assistance given 60 voters by Tammany
captains" Mr.. Gilbert said. 'tInder the
/ guise OF rendering assistance the vote
can be Influenced. 10 is also possible
70 check UP In this way on voters who
are colonlzed. This Is a way Of directing
the vote OF peddiers. small merchants
and others who receive favors from
/ Tammany politicians"
! THE Attorney General r. not acting
! IN good faith In investigating election
/ frauds. for II he were tho inquiry would
I be turned into some Of the upstate dis
/ tricts and not centered in New York. .
/ Herbert G. Peii chairman Of the Demo
/ cratic state Committee. said yesterday.
COPELAND ADDRESSES