Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1892-10-07

method prevailed in other States, and
the returns he had received We're his
W property and not that of the State.
Hence no call upon him for the basis Of
his reports should he honored. The case
went v until a later date.
The afidavits on which the mandamus
Is asked We're made public at the insti-
tuition Of this proceeding at Kingston
some time ago, and allege a demand by
the relator to see the circulars: that,
they are public papers, and that his de-
mand was refused.
Peck Makes Atfiiavit.
Mr.. Meegan read an affidavit of Mr..
Peck, in which he said:
Tho law really specified no details for the
performance of my duties or the method to be
pursued. in obtaining the information 1t was
designed to secure for the Legislature of the
State. In order to obtain the information re-
Qutred to make annual reports it was neces-
sary that I should obtain the confidence of
both employer and emploNe. the business men
very outset l was Obliged to make a rule. pub
iicly announced BY me. that all information'
as TO all correspondents and informnnts, and
no names of persons. employees or employers.
except by express permission, should appear
in any department report or be otherwise given
either to individuals or the public, and that no
paper containing or relating to information
received or used by ms in discharge, of the
duties of my office should ever he placed on file
in my office or he made a matter of record, or
be considered other than the private property
of the commissioner for the protection Of the
senders of communications, and l have never
considered it my duty to preserve the same.
! Invariably gave pledges of Sc
crecy to my correspondents. and have done SO
and 1sol was no departure from the uniform
course of prior years. i found in the law Gre
ating my office provision aut horizing me to eX-
anime witnesses. hut with the condition that
no witness shall. against his will. be com
PEELED to answer any ~ questions respecting his
practically impossible to give eject to the in.
tent of the Legislature unless the confidence
OF the people of the State could be secured and
disclosed. Repeated refusals came to me from
business men. and besides the circulars sent
sands of letters giving personal assurances to
the writer's that no use would he made of their
confidence, and every communication would
Guiding rivals in the same branch of industry.
BY such legitimate means and by such honor.
able pledges only have ! been able to dis
charge the responsible duties of my Office ana
to render to the Legislature the data annually
transmitted to 1T in my annual report.
have labor bureaus 1t has been found neces-
sary to give to, all pels 'ns the pledge of Sc
SEVERAL seyesS p yea esn Of mn of saysn Ii ~ me Th daT1 plsd shs
relate to and cover cases of employers and em-
ployes ans labor organizations. The sum
mary which was issued by me in 1892. and
about which the proceedings have arisen, was
issued and published by me at the time usual
for the publication of reports of other State.
officers, and about the same time ] ..ove pub
lfshed my report every ether year. and every
year in which l have made up a report to the
Legislature l Invariably published beforehand
in or about August of each year a summary as
! have published i'll 1882. have not deviated
from the usual course and practice of my Of
flee, nor have ] in 1892 departed from any GUS
tom of my office with respect to my report.
The attempt made to establish the theory
that my report was given out to influence the
pending election is false, as the compilations
were all made before any Democratic nomina-
ton was made, and the data were obtained be-
fore any one could tell who the nominees of
any party would be.
The communications and letters upon which
my preceding annual reports We're based were
never filed nor made q record in my office and
were never the property of the State. but were
private letters. and Whatever property exists
in them Is divided between this deponent as
the receiver and the several senders of the let
ters. and 1 am advised by my counsel that
Duer. .379, and other kindred cases. Injunction
would lie against me IL l attemptedin any way
to make public the matter that I guaranteed
should be private matter and held as secret and
confidential. AS the head of the department in
question i am of the opinion and SO represent
TO this honorable court that the publication Of
the names and addresses of the persons and
corporations who have furnished data upOn
which my report is based. would be greatly in
furious to the public interests.
This affidavit fully outlines the de-
Tense OF Mr.. Peck.