The New York herald., 1922-11-07
BANTON REASSURES
(. MILLER ON FRAUDS
Says He Never Has Neglect
ed Duty and Will Not
Do So Now.
SITS 2O9 COMPLAINTS
Finds Only IL Cases Worthy
of Being Taken Further
for Prosecution.
ROSALSKY UPHOLDS HIM
Judge Decides Gilbert Cannot
Go Before Jury-Swears In
Two New Panels.

1t was in no truculent mood that
District Attorney Banton wrote to
| Gov. Miller yesterday in reply to a
| letter of warning received by him
from the Governor earlier in the day.
h While Mr.. Banton declined to make
public the text of his reply. it was
learned that he informed the gentle
man with the power to remove Dis
trict Attorneys, Mayors and Police
Commissioners that he never had
swerved from his duty and certainly
did not intend to do so now.
! Mr.. Banton asserted that he has
been willing. even anxious. to prose-
cute all cases OF election fraud and
that he would have got results by this
time IL the Deputy Attorney General,
Abraham S. Gilbert, had not refused
to turn over evidence to the New York
county Prosecutor, as must be done
under the law.
The District Attorney said, too, that
his office has investigated 209 cases
| of suspected fraud on evidence Of
illegal registration submitted by the
police, and that after clerical errors"
! removals and deaths had been weeded
J out, only twelve cases were left for
possible prosecution. In other words,
| the magistrates would only issue
twelve warrants on evidence put be-
fore them, and the twelve persons
named in these warrants will be ar
rested to-day il they attempt to vote
Mr.. Banton added his office will be
wide open for receiving evidence from
any party or any candidate.
Against AttOrney-General.
Immediately after hearing from Gov.
Miller. Mr.. Banton appointed one Of his
assistants, Mr.. Brothers, Republican,
to handle any fraud cases for his office,
and Mr.. Brothers was preparing last
evening for busy day beginning at
sunup. This action followed a decision
by Judge Rosalsly, in General Sessions,
that representatives of tho Attorney
General had no legal right in the Grand
Jury room to present evidence In cleo.
tion fraud cases.
This sustained former ruling by
Judge T. C. T. Grain and supported Mr..
Banton's contention to Gov. Miller that
the District Attorney OF this County had
no recourse except to bar the Attorney
General from the Grand Jury and to
demand that all evidence be turned
e.
entation to the Grand Jury.
Immediately after appointing Mr.
Brothers as special Prosecutor Mr.. Ban
him with the District Attorneys purpose
to enforce the law and investigate i'm
partially all evidence with the Grand
Jury. He invited the Deputy Attorney
General to turn over any evidence to Mr..
Brothers for quick action.
Trouble mt Polls Likely.
Possibility OF actual violence at the
polls was suggested by the situation
last night. Republican managers and
workers are fired with zeal by the ex-
traordinary warning sent to the Dis
trict Attorney by Gov. Miller--a hint
that is taken to cover all public off,
cials coming within the Governors power
of removal. Democratic managers and
workers were holding up Mayor Hylan's
letter to Police Commissioner Enright
as authority for the statement that State
inspectors at the polls are not sacrosanct
and may be restrained by the police with
the Mayors backing.
This latter suggestion was denounced
by Gov. Miller at Albany as a palpable
effort to apply the strong arm TO to-day's
election. Fist fights. trouble and ar
rests are looked for as the day develops
friction. 1t was noticeable, however
that there was a good deal more fear Of
what the Governor might do il the law
was flouted than OF what the Mayor
might do. The Governors statement
that he would know whom TO hold re-
sponsible IL the police interfere with an
! honest casting OF the vote is expected to
have potent restraining power. since the
Governor Is known to be no buffer.
The biggest result probably will be an
extremely close scrutiny by both sides
OF the voting and the count, and the
election will be more rigidly supervised
in all likelihood than any in recent years
The Governor has spoken his mind. The
Mayor has poked UP the Police Commis-
sioner. Enright has issued unheard OF
special instructions to the force Watch
ers for both parties have been ordered
TO take nothing for granted and have
been warned that any attempted treach-
cry on their part wnl mean State prison.
The curious thing about the whole situa-
tion Is that Il indicates expectation OF a
close election rather than of sweep for