The New York herald., 1922-11-06
SHOWS EVIDENCE
Governor Says Prose
cutor Who Winks at
Crimes Will An
swer to Him.
HITS 'C0MPLAISANCE'
Says No Excuse Can Cover
Failure to Safeguard
Purity of Polls.
AFTER MEN HIGHER UP
Criticizes District Attorney
for Encouraging Fraud
by Not Acting.
HITS 'C0MPLAISANCE'
AFTER MEN HIGHER UP

With positive evidence OF election
frauds planned by the wholesale. and
plainly distrustful OF District Attorney
Banton's attitude toward the preven-
tion OF these projected frauds, Gov
Miller sent a letter to Mr.. Banton
yesterday which warns him 10 attack
the problem in the right spirit and
with the machinery of the law at his
disposal or be prepared to deal with
Nathan l.. Miller.
In one of the most candid com
munications OH record the Governor
informs District Attorney Banton that
his explanation Of why election fraud
evidence had not been acted upon is
unsatisfactory: that Banton has shown
complaisance toward the most serious
crimes that can be committed; that
his attitude is an intimation to pro-
spective criminals that they had moth
ing to fear, and that B&ntons firsc
duty (not performed TO the Governors
mind) is to prevent crime rather than
punish 1t.
In language barely veiled the Gov
ernor informs the District Attorney that
he desires TO give him the chance to do
his duty by ali the parties and all tho
candidates. but that II the duty Is neg
lected Banton need not doubt that the
full power OF the State will be used 20
remedy the neglect and to prosecute any
one. high or low. guilty Of completely
in crime against suffrage.
Must Get Men Higher Up.
Heretofore. the Governor Informs tho
District Attorney in the most direct
terms. there have been too many threat
eEing words before election in relation
to the duty OF public officials and only
forgetfulness and complaisance after
election. This time. he assures Banton,
ir will not be the underllnss. but the
men higher UP. that ho will seek to put
ir Sing Sing. Even IL defeated Gov
Miller will have about two months 70
serve.
TIC uliFNAAg NAAAA hta A9hAAAft4 W Ati l'ei
ing adopted an attitude which may have
given encourages 70 law breakers.
and he bears down hard on the point
that the result Of the election WIN have
no effect whatever upon him. 81
Governor Of the State IN the way Of re-
laxing effort to put offenders against the
suffrage In prison. lie closes q remark
able document with this plain warning
"If necessary ] VIII SEQ that adequate
and competent machinery Us set up so
that the courts may deal effectively with
those who commit crime. Public otn-
GERS who either wink at. conlone or as
sist in violations Of the law will answer
TO me-"
The Governor wrote this letter yester
day afternoon in his apartment az the
Hotel Gotham soon before he left for
Albany lie wrote Il in reply TO letter
from Bauton which was dated Novemhe
. and which set forth. in detail, The
District Attorneys now familiar reasons
why the Grand Jury room was no0
opened by him for the examination cf
election fraud evidence which Depui
Attorney General Gilbert urgently de-
sired to present Mr. Banton wrote that
tho regular Grand Jury had voted 70 ad-
journ and the additional Grand Jury was
too busy and that the Attorney-Geuerai
of the state did not. IN any case hove
the legal right 60 appear before Tho
Grand jury IN this county.
The District Attorney further st0.sd
in this communication of eNtenuationT
that "considerable publicity had boon
given 80 a misunderstanding between
Deputy Attorney-General Gilbert AMI
me" and that he was now writing 10
the Governor 70 cXnialn that he did not
want. ~ see invaiic indictments found.
but. on tho other hand I do wish tr
prosecute % tho limit Of ability those
who strike at the foundation 81 rerui-
licau institutions And h1 remarked
that he had suggested 60 Deputy ~
torncy-Ciercral Gilbert that II he were t'
ho removed by the Governor Gilbert
could 60 ahead with tho December Grand
Jury.
rhe Governors Letter.
This was the letter which Gov Miller
brushed aside and which called for
rebute. warning and prediction % s.ngu-
lar ciearucss Here Is the Governors
letter 81 ful
NEW YoRN Cry. n.
November 3 1872.
HoN Joan ". BANToN.
District Attorney of New York Cc
Criminal Courts Bldg,
New York City.
Dear SIR.
Your letter Of November > la.
just been brought 20 my attention.
I do not wonder that YOU felt called
upon 70 make an explsnati0u OF your
attitude toward the prosecution %
crimes against the electoral fran
chiee. Frankly. your EXPLANATION
does not satisfy me.
The important thing is % preven-
crimes and not merely 10 prosecute
them afto- fhafr coutfliastnv This