New-York tribune., 1891-02-08
THE CENSUS INQUIRY FARCE.
FIRST SESSION OF THE ASSEMBLY COM.
MITTEE.
VAIN rrroRrs TO SHOW ANYTHING WRONG IN
THE WORK OF THE FEDERAL AUTHoN
r,rs-up MrJRRAY,s TESTIMONY,

The weather yesterday was wild and wet. II was
p,easant to be indoors. This was cOnsoling 10 the
peope who had TO spend their time at the dreariest
investigation ever conducted in NewYork that Of the
Assembly Committee whose name and whose aim
don't seem TO be reconcileable. The name is "Thc
Committee on Enumeration and Apportionment" The
aim od TIE committee TO Judge by the character OF Its
first days proceedings Is to fix discdt on the United
states census in New-York Tho committee sat in
Part III Of the Superior Court and from early fore
noon until dusk patiently watched the efforts Of an
excellent lawyer. but exceedingly amateur " In
qutsitor." to mako q case against Robert p. Porter
superintendent of the Census, and his subordinaes
In this city.
The chairman Of the committee Is Wright Hocomb
of the IXth NewYork District, Democrat. There
are two other Democratic members Charles W. Suther
land OF the IXth District Of Kings County. and Perc
val Farquhar, of the lid New York District. The
remaining two members Of the committee are Re
pubncans, D. Morgan Hildreth, Of the XXIst New
York District, and W. H. selleck, of the I'D District
Of Oswego. Franklin Bartlett Is the committees
counsel
II was a poor days cunning for Mr.. Bartlett. The
public stayed away from the exhibition. and 1t saved
Its time. II the Assernblymen do not make better
progress at future sessions at the close Of the inves
cation they will have beggarly tale Of wasted hours
for q record.
With the aid Of Thomas L. Benedict, Deputy SEQ
rotary Of State Mr.. Bartlett first got into evidence
several volumes of the Red Book" or Legislative
manual with the object Of showing that whereas. after
former Federal censuses, returns relating to the State
had been printed no provision for sending in such
returns had been made by the act of $780, ordering
the Of 1890, and that the Secretary Of State
had not been able to get the 1890 figures for the
Red Book" Of 1901. communication to the Leg1s-
lature In 1895 by Chauncey NJ Depew, then Secretary
of State expressing regret that June chosen as the
month. and another by Disderich willers. who
was Secretary in 1875, favorng mere enumeration
fnsfa NJ ole in
Presently Mr.. Bartlett something that he
thought worthy Of emphasizing. lie got the list OF
the sixty county clerks in the State and asked Have
you made certain inquiries with reference to the politics
Of the various county clerks?"
"Yes, sir,' the reply.
"How many Of them Democrats7'
Prom the best information can obtain, fifteen Of
them Democrats, and Of these fifteen two are ap
pontees Of the Governor to fill vacancies which prob
ably would have been Republican had there been an
election"
"What are they1"
wayne; that would certainly be Republican II the
clerk had been elected. Then there's Chemung but
that's pretty close"
"Well. the clerk of Kings is Republican. isn't
he, and that makes sixteen" suggested Mr. Bartlett.
The witness doubtful about this; and Mr.. Bart
lett appealed TO the reporters and the Assembly
for information. He told that beyond
peradventure, the County Clerk of Kings is Repub-
Ncan.
"wen,' he remarked. scratching his head and
smiling, I'm not politican'
X. F. Grswold, the sublibrarian Of the State
Library at Albany, testified that Of the twenty
four bulletins that had been up to date received from
the Census Bureau in Washington contained any In
formation about the population of this state or any
county In it.
These prelimnaries over, the fun began. Mr..
BaItlets face assumed expression partly aggres-
sive. partly aggrieved. Assembyman Holcomb looked
Charp III -hO
census in Ncw-IOrk called TO the witness stand.
4 gentleman who had been sitting beside Mr. Murray
arose and said "My name is John Baker. am Mr..
Murray's attorney, and wish to make statement"
"Is there any objection Z" asked the chairman.
Mr.. Bartlett looked puzzled. lie could not forget
that he had been before the State Senate Committee
On Cities In tho same position sought by Mr..
BAKER that of recognized friend Of the committee y
lie think it IS always wiser to let parties who
appear have counsel. ! have been counsel myself
In recent Investigations. but believe it Is estab
Nshed rule in these investigating committees not to
allow any opening address,
Finally 1t was agreed that Mr. Baker should be
heard Mr.. Baker wanted the committee TO excuse
Mr.. Murray for the day, the ground that he had
communicated with those higher In authority and had
received answer.
Mr. bartlett said al think the only question before
US il DUTY under the mandate Of the sovereign
people of the STATE while it may well be that Mr..
Murray desires consult his superior officer we can
take no cognizsnce Of correspondence, and
spprehend that even If Mr.. Porter
should instruct Mr.. Murray not to testify his in
structon would have the force of absolute law
with this committee nor with the Legislature Of the
state Of New-fork'
1--WE don't claim that" said Mr. Baker.
"supposng Mr. Porter refuses resumed Mr.. Bart
lett "wOuld it have any weight with this committee
1T would not have any weight with me- said the
chairman.
vie nv hiS Oficpr
to object 10 testifyng he will certainly take that
posjtioDs said Mr.. Baker He does not care 10 take
IL now There may be necessity Of taking it. and
all we can ask is that the committee will excuse him
till next session. when he will either refuse or testify
The objection is overrulcd.' said Mr.. Holcomb.
"and the committee rules that the oath shaN be ad-
mlnistered to Mr.. Murray
Mr. Murray thereupon became a witness. lWhe
he was on the stand he the following dispatch
from Mr. Porter Telegram and letter received
Simply answer questions No need for T. 8 Attorney"
That was in answer letter which he had sent to
Mr.. Potter on Friday, in which lie had SAID: "By
the enclosed subpoena YOU will observe that have
been summoned to-day to appear to morrow at ii a. IN
before committee of the Legislature OF this state to
give evidence TO my Official action In taxing the
census in this city in June last. am also com
manded TO produce such books and papers as may be
In my possession. l acted as an officer OF
the United States in the discharge OF the
Aforesaid duty. and / suppose whatever papers that
may have in connection with such work are the prop
erty of the United states. l Of the opinion that
have right obey this order without the sanction
Of my superior officer.
.f this state committee legally sit in judgment
upon the laws of the United States and the officials
acting under these laws. then this ought to be deter
mined by some sufficient authority. If this State COM
mttee may legally call tomorrow then it may call
you at the next session. and till every man con
nected with the United States Census has been exam
ined and judged under state tribunal. am per
sonally willing u obey this subpoena, and to produce
all papers In my possession There nothing to con-
ceAl. But in doing so. without your direction, may
establish precedent that may be objected TO By the
United states authorities Please let me know in
the morning by telegraph what l am TO do. and let
bn al l ma