Show SWIM THE RAPIDS j OF NIAGARA niagara falls N Y july 17 carlisle D graham of this city and william J glover jr 1 of baltimore successfully cess fully swam the lower rapids of tho niagara from tho american side of he whirlpool to this afternoon the distance of four miles was covered in ag minutes aby glover the start was made at p m from flat rock which Is on the american side the swimmers did not venture in the upper rapids where captain webb lost his life both men wore life belts and inflated rubber rings around their necks from the starting glover took the lead he entered the rapids a minute ahead of graham until tho devils hols waa reached the swift current and roaring rapids had the swimmers in their grasp at that point a swirling eddy caught glover and he was down nearly two his life belt saved him graham by this time had gained on glover and when the two men the end of the rapids just above the suspension bridge at lewiston there was but a little di stanco between them swimming in the swift smooth current was bard for graham but evidently easy for glover at glover was pulled up on the dock at lewiston Lewi stoa he was dressed in about 16 minutes later and was telling hia story graham vias taken to a hotel in a wagon and did not leave bed until late in the afternoon neither of the men was injured graham had swam the lower rapids twice before he is about 55 years old while glover is 35 years old ROOT ADVISES WEAVER TO PROSECUTE politicians people prominent an fn municipal life of philadelphia may be brought to book despite district attorney 7 philadelphia pa july IT As a re suir of advises advices received from ellhu counsel tor mayor weaver it Is probable that the mayor will binl criminal prosecution against iain persons who are prominent in mu affairs mr root advises the mayor that in face of the refusal of the district attorney J C bell to take the initiative in bringing burthen prosecutions the mayor should exercise hh right to go before a magistrate and carry the prosecution as far as the law will permit him this opinion was sent to the mayor today and was the result of a conference held in new york last friday those ho participated in the conference were former united states attorney general wayne mac iveagh who is special counsel for the committee of nine of this city former audgo gordon private counsel for mayor weaver jullen T davlos and joseph S auerbach of counsel for the committee of seventy the purpose of the conference was to decide whether the mayor should tako the initiative in further prosecutions the district attorney having refused to do so mayor weaver and judge gordon last week requested that ahe district attorney in drawing up indictments against councilmen caven and hill should bring tho charge of conspiracy with certain other persons to defraud the city caven Is under ball for violating his oath in being interested in city contracts and former chief hill is under bonds to answer charges of forgery and falsifying records in connection with the construction of the city filter aaion plants at the hearing given both men before the magistrate the name of the contracting firm of D J mcnichol co which Is constructing the greater part of the alteration stem as frequently brought in the names of the firm are former insurance commissioner israel W durham the leader of the local republican organization J P me nichol and his rother daniel J me nichol the district attorney in refusing to add the charge of conspiracy to the indictment drawn up against caven and hill and to initiate criminal proceedings ce against certain other persons said that such charges based on the evidence ta kenat the caven and hill hearings could not under the law be made he suggested that the mayor or take the initiative mayor weaver and judge gordon insisted that it was the district attorneys duty to begin prosecutions mr bell persisted in his refusal and the new york conference followed mr roots opinion of the question was sent in a letter to mayor weaver today it is as follows new july 15 my dear mr mayor I 1 have discussed very fully with mr mcveagh judge gordon mr da vis and mr auerbach the facts bearing upon the determination of your present duty in regard to further criminal prosecution of the frauds against the city of philadelphia clearly indicated by the testimony already taken and by the further evidence which your counsel have collected it appears by the correspondence between judge gordon and district attorney ball that you have caused the evidence of grave crimes by a number of powerful and important persons in the city of philadelphia to be laid before the district attorney and that he has been requested to proceed with proper prosecutions for such crimes either before the grand jury or before a committing magistrate and that he has practically declined to do either suggesting that you should proceed before a magistrate as a private prosecutor the reasons which lead the prosecuting officer to take this course I 1 shall not discuss the resulting fact alone Is important tor political consideration it is your duty as mayor firmly to see that the laws are enforced and athen you find that they are being set at naught by criminal it Is your duty to bring the facts to the knowledge of the officer who is elected by the people to prosecute the chimu ii then become his duty to prosecute and not yours 1 I think you have done what the law requires of you in this instance and that it the prosecutions so clearly indi bated b the evidence in your publication and in the possession of the pros tail for want of a further action no one can justly that it is through any failure of duty on your part I 1 do not think however that this settles the question as to your future action although the law does not require you to prosecute it permits you to do so up to the point where the return of the committing magistrate goes into the hands of the district attorney 1 I think in default of the action which ought to be taken by the public prosecutor that you should nevertheless exercise your right to go before a magistrate and carry these prosecutions as far as the law permits you to in doing this you should I 1 think invite the aid and operation cooperation co of the district attorney giving him every possible opportunity to take the prosecutions and to perform the duty tor which he wa elected the crimes committed by men who have political power are often sheltered behind official indifference and in acU vity and then some one has to do more than his duty to secure justice and you will not be the first public officer who has done a great public service against the resistance of those from whom the service ought to come there is more at stake here than the mere punishment of isolated offenses there is the question whether your city shall continue to be governed by criminals or shall take its place on thy list of american cities capable of honest self government to secure ahe right solution of this question you cannot omit any proper and lawful effort why you have carried the prosecutions through the hands of the committing magistrate you will have done everything within your power and it the prosecutions then fall after coming within the exclusive power of the district attorney and the augean stables remain the people of the city cannot doubt who Is responsible for failure it Is with very great regret that I 1 find myself unable to proceed further with these cases the assumption of other official duties of which you are aware will prevent me I 1 have taken very great interest in the cases because I 1 have acquired absolute confidence in the sincerity of byoir purpose and in your pluck and I 1 havo a strong desire that the city of philadelphia choso history and good name are fco dear to every american shall be relieved from the strain which a corrupt combination have put upon her 1 I wish you god speed in your further efforts signed very sincerely yours ELIHU ROOT n the midst of the controversy be tween district attorney bell and the mayors counsel mr bell today sustained a broken leg through the talling of an elevator in an office building whether the accident will delay the trials at caven and hill is not known NOTIFIED OF ARREST boston july 17 chief shaw of the massachusetts police received a telegram from sheriff barr la junta colorado early today informing him officially t pat john the alleged belmont mass wife murderer was arrested by uio sheriff late yesterday chief shaw said he would send state officials to la junta to bring the man back to this state the chief received messages last night indicating that a suspect had been arrested in colorado but positive information was not received until today NORTH DAKOTA TODAY portland july 17 governor E Y sarles of north dakota beading a party of fifty prominent citizens of that detato reached portland today to participate in the north dakota day exercises ac the exposition tomorrow tomorrows exercises exorcises will occur on a J joining the famous roosevelt cabin which comprises a part of tha v f |