MATTER OF JUDGE RUFUS B. COWING — ORDER DISMISSING CHARGES STATE OF NEW YORK Executive Chamber Albany, July 11, 1900 In the Matter of the Charges against the Honorable Rufus B. Cowing, City Judge of the city of New York One ERNEST ВоHм and others having preferred charges against the Hon. RUFUS B. COWING, City Judge of the City of New York, the matter was immediately referred by me to the Attorney General. The Attorney General has handed me the following opinion. THE HONORABLE, the Governor. SIR: I have received and examined the letter addressed to you by ERNEST BOHм, Corresponding Secretary of the Central Federated Union, making certain charges against Hon. RUFUS B. COWING, City Judge of the City of New York. In my opinion you have no jurisdiction or authority to entertain any charges against the City Judge or to institute or prosecute any proceedings against him for misconduct in office, such jurisdiction being solely vested in the court for the trial of impeachments. Yours respectfully, J. C. DAVIES, Attorney General". Therefore, after carefully reading the opinion of the Attorney General and due deliberation thereon, IT IS ORDERED that the charges preferred by ERNEST BOHM and others against the Honorable RUFUS B. CowING, City Judge of the City of New York, be and same are hereby dismissed. GIVEN under my hand and the Privy Seal of the State at the Capitol in the city of Albany this eleventh day of July in the year of our Lord nineteen hundred. [L S] In the Matter of the Charges preferred against Asa Bird Gardiner the district attorney of the county of New York -Order dismissing charges, and Opinion Charges of misfeaşance, malfeasance and neglect of duty in office having heretofore been preferred by THOMAS R. SLICER, F. DEWITT WELLS and others of the county of New York against ASA BIRD GARDINER the dis trict attorney of the county of New York, and a copy of such charges having been duly served upon the said Asa BIRD GARDINER and he having filed his answer thereto denying any such misconduct or neglect of duty, and an order having been made by me appointing ANSLEY WILcox of the county of Erie the commissioner to take the testimony and examination of witnesses as to the truth of such charges, and to report the same to me and also the material facts which he may deem to be established by the evidence, and the said commissioner having taken the testimony relating to said charges and in refutation thereof, and his report and the evidence taken by him having been duly filed, and it appearing to me that the facts disclosed in this proceeding are not sufficient.. warrant the finding that the said charges are proven, therefore it is hereby ORDERED that the said charges against the said Asa BIRD GARDINER, the district attorney of the county of New York, be and the same are hereby dismissed. GIVEN under my hand and the Privy Seal of the State at the Capitol in the city of Albany this [L S] fifth day of September in the year of our Lord nineteen hundred. THEODORE ROOSEVELT By the Governor: WM. J. YOUNGS Secretary to the Governor STATE OF NEW YORK Executive Chamber September 5, 1900 In the Matter of the Charges preferred against Asa Bird Gardiner the district attorney of the county of New York · Opinion The report of Commissioner WILCOX fails to show any single specific act of malfeasance or misfeasance grave enough to warrant the extreme step of removing from office an elective officer. Certain of the acts complained of, such as for instance the District Attorney's wholly improper attitude in the Henderson case, come near the border line; but in a proceeding so grave, both because of its own consequence and because of the precedent set, there must be no reasonable doubt of the guilt, and no question as to the gravity of the offence. It is not enough to show, as the testimony before me substantially does show, that this official has not the proper conception of the dignity of his position, or that he has committed acts of foolish levity, or even that he has exercised his discretion in such manner as to give cause for the belief that he has been influenced by political considerations. These circumstances may be taken into account by the people when passing judgment upon a candidate at the polls; but the moral conviction that a public servant is unfit, or the fact that his conduct has caused great and justifiable dissatisfaction to conscientious citizens is quite distinct from legal proof of shortcomings so serious as to warrant his removal from the office to which he has been elected by the people. The charges are dismissed. THEODORE ROOSEVELT PROCLAMATION STATE OF NEW YORK Executive Chamber A terrible calamity has overwhelmed the city of Galveston, in the State of Texas. Hundreds of homes are desolated. Thousands of citizens are dead. A still greater number are without food or shelter, enduring untold hardship and privation. At such times a generous people hastens to relieve the suffering and ameliorate the distress of those so grievously afflicted. Now, therefore, I, THEODORE ROOSEVELT, Governor of the State of New York, do earnestly request that the people of this State, with that spirit of generosity which has ever characterized them, hasten to contribute from their abundance to the relief of our fellow citizens who are in such dire need. And I do hereby appoint J. Pierpont Morgan, of New York; William Berri, of Brooklyn; Robert C. Pruyn, of Albany; Francis N. Mann, of Troy; Frederick Fink, of Utica; Frank H. Hiscock, of Syracuse; William E. Werner, of Rochester, and James A. Roberts, of Buffalo, a committee to receive subscriptions and forward the same to the properly constituted authorities in Texas. DONE at the Capitol in the city of Albany this [PRIVY SEAL] thirteenth day of September in the year of our Lord one thousand nine hundred. By the Governor: WM. J. YOUNGS THEODORE ROOSEVELT Secretary to the Governor |