Crawford avalanche. (Grayling, Mich.) 1879-19??, 1892-10-06

method prevailed in other States, and
the returns he had received were his
own property and not that OF the State:
Hence no call upon him for the basis q
his reports should be honored. The case
went over until later date.
The afiidavits on which the mandamus
Is asked were 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 Anidavit
Mr.. Meegan read an affidavit of Mr..
Peck, in which he said:
The law really specified no details for the
performance of my duties or the method TO be
pursued In olHaininR the information 1t was
designed to secure for the Legislature OF the
State. In order to obtain the information re-
qnired to make annual reports 1t was neces.
sRry that / should obtain the confidence or
both employer and employe, the business men
and the lso1Tins peSRIe pt u the ssste es nnb sbe
licly announced by me, that all information
was to be received In the strictest confidence
as to all correspondents and informants, and
no names of persons, employees or employers
except by express permission, should appeW
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 me in discharge of the
duties of ONCE should ever De placed on ME
in my office or be made q matter of record, or
be considered other than the private property
of lthe commissioner for the protection OF the
senders of communications and have never
considered IT my duty to preserve the same,
Every time sent out circulars asking for
information ] invariably gave pledges OF Sc
crecy to my correspondents, and have done so
annually. The practice pursued by me In 1880
and 1891 was no departure from the uniform
course Of prior years. found in the law Gre
sting my Office provision authorizing me to ex-
anime witnesses, but with the condition that
no WITNESS shall AGAINST his viii. se CON- I'M
private affairs" This restriction rendered 10
practically impossible to give effect TO the In,
tent of the Legislature unless the confidence
OF the people OF the State could be secured and
retained and their private affairs voluntarily
disclosed. Repeated refusals came TO me from
out each year have written and sent thou
sands of letters giving personal assurances 70
the writers that no use would be made OF their
confidence. and every communication would
be held to be sacred and denied 10 any one In
| cluding rivals in the same branch OF industry.
| able pledges only have / been able TO dis,
| charge the responsible duties of my office and
| TO render to the Legislature the data annually
| transmitted TO II in my annual report
In twenty-seven States of the Union that
| have labor bureaus II has been found neces-
| eary to give to all peIs ons the pledge OF ee-
| curity and confidence given by me during the
several years of my official life. These pledges
relate TO and cover cases OF employers and en-
ployes ane labor organisations. The sum.
mary which was issued by me In 1892, and
| about which the proceedings have arisens was
| issued and published by me At the time usual
| for the publication Of reports OF other state
officers and about the same time have pub
| lished my report every other year, and every
year in which have made up report 10 the
| Legislature Invariably published beforehand
in or about August OF each year q summary as
/ have published in 1892 have not devtated
| from the usual course and practice OF my Of
| fee, nor have In 1877 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 IL false. as the compilations
| were all made before any Democratic nomina-
tion was made, and the data were obtained be-
fore any one could tell who the nominees OF
any party would be.
| The communicate ons and letters upon which
| my preceding annual reports were based were
| never filed nor made a record in my offioe 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 am advised by my counsel that
under the decision Of Woolsey Va. Judd and
| Duer 37g, and other kindred cases injunction
| to make public the matter that l guaranteed
| should be private matter and held as secret and
| confidential. As the head OF the department In
| question 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 GO the public interests.
This afldavit fully outlines the de-
fense of Mr.. Peck.