Evening star., 1938-11-07
Pennsylvania Graft
Probe Delayed Till
After Election
Democrats Quarrel Held
Before Electorate by
G. 0. P. Candidates
By the Associated Press.


and out of the courts for six months
the investigation of charges of cor
ruption in Pennsylvania State
government has been laid aside until
after Tuesdays election.
The accusations, made during a
family quarrel" among State Demo-
Gratis in the primary, have been kept
before the voters by Republican
candidates, who made an issue of
the charges in their drive to oust
the first Democratic State govern
ment in more than 40 years.
Those named in the charges
which at the moment are before the
Dauphin County (Harrisburg) Court
included Gov. George H. Earle and
13 other high placed Democrats.
Earle Backed Jones.
In the slam-bang primary which
brought on the charges, Gov. Earle
teamed with Democratic State
Chairman David L. Lawrence behind
Charles Alvin Jones, a Pittsburgh
lawyer, as the candidate for the
gubernatorial nomination.
United States Senator Joseph F.
Guffey, Gov. Earle's running mate
in 1884, joined John l.. Lewis, C. I. o.
chleftaln, behind 1t. Gov Thomas
Kennedy. Third factor in the guber-
material scrap was Attorney General
Charles j. Margiotti, the chief ac-
cuser.
Gov. Earle won the nomination
for the Senate. Mr.. Jones is his
running mate for Governor
Mr.. Margiotti declared that the
Sunday movie and beer bills of 1885
were sold" for 100000
Accusations of political coercion
of State employees and "kick-backs"
of fees from architects on the S65,-
100000 State building program came
from him later.
Earle Demanded Proof.
Gov. Earle demanded proof. He
asked Mr.. Margiotti to turn over
his material to him, and said war
rants would be sworn out.
Mr.. Margiotti refused to comply
He insisted the secrecy of a grand
jury investigation was required to
investigate his charges.
Mr.. Margiotti started to prepare
a petition for a grand jury inquiry.
He called Republican District Attor-
ney Carl B. Shelley of Dauphin
County and Mr.. Shelley started for
the Capitol, but before he got there
the secretary to the Governor ar
rived In Mr.. Margiotti's office with
a note. 1t said Mr.. Margiotti was
fired.
The attorney general hurried to
the court and asked for the inquiry
as a private citizen" He got it
and the legal battle was on.
Grand Jury Probe Ordered.
The Dauphin County judges Or
dered a grand jury investigation.
Gov. Earle tried to have the State
Supreme Court stop it, but failed.
Gov. Earle accused the judges of
being politically minded: they re-
piled by asking the Supreme Court
to have other judges handle the
case. The Supreme Court named
Judge Paul N. Schaeffer of Berks
County, registered Democrat, ID
replace the three Dauphin judges.
But Gov. Earle called a special
session of the Legislature. Among
the many things he asked was that
1t regulate Investigations of charges
OF Rsdemeanor in Office of persons
holding civil Office"
The Legislature promptly passed
acts to stop the proposed grand
jury investigation, to have a House
committee supersede the grand iurv
and to let the State attorney general
supersede the county attorney.
Two Acts Held Invalid.
The Supreme Court ruled the
first two acts unconstitutional. 1t
upheld the right of the attorney
general to supersede a district at
torney, but held that Attorney Gen.
eral Guy K. Bard could not serve
because he was appointed by one of
those named in the charges-Gov.
Earle.
The high court also ordered Mr..
Bard to show why District Attorney
Shelley should be disqualified from
directing the grand jury inquiry.
This phase of the investigation re-
mains in Judge Schaeffer's hands
for decision.
AS the House investigation opened,
Mr.. Shelley and Mr. Margiotti were
the first two witnesses. Mr.. Mar
giotti told many things he had not
previously mentioned, including
conversations he said he had with
the Governor and others purporting
to relate to the charges.
The two Republicans on the
seven-man Investigation Committee
said they found enough Damaging
evidence" to require the presence of
Gov. Earle to contradict the charges
or face Impeachment.