New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-09-28
FIRST BLOOD FOR MR.. PECK
THE CASE AGAINST HIM GOES OVER TILL
OCTOBER
THE COMMISSIONERS AFFIDAVIT READ-rHE
REPORT NOT INTENDED TO INFLUENCE
THE ELECTTO

THE ELECTION.
Albany, n. Y, Sept. 27.-In the Supreme Court
to-day before Judge Mayham who was substituted for
Judge Fursman, the OF the People ex rel +.
Elery Anderson against Charles F. Peck, Commissioner
OF Statistics of Labor came up order for Com
missioner Peck to show why he should not
allow the rela,or to examine the tariff circulars
ceived from New-York City manufacturers, which
the Commissioner based his report Of the effect Of
the tariff on labor and wages. Ex-senator Norton
Chase appeared for the relatOr and Edward j.
Meegan for the Labor Commissioner. The afiidavs
which the mandamus served was made public
the institution OF this proceeding at Kingston, some
time ago, and allege demand by the relator to
the circulars. that they public papers, and
that his demand refused.
Mr. Meegan read an affidavit of Mr.. Peck in answer,
In which he said
Inc law ieiuly specified no details for the per
Torrance of my dulles or the method to be pur-
sued in obtaining the information 1t was designed 10
obtain the information required to make annual re-
ports. 1t was necessary that ! should OBTAIN , .ne
ness men and the laboring people OF the State
At the very outset obliged to make a rule pup,
be received In the stTctcst confidence TO all CORE
spondents and informants and no names Sol OF per
mission, should appear In any department report Ut
be otherwise given either to individuals or 10 te pun
formation received used by me in discharge OF the
dates OF my once should ever De pcord % or be
considered other than the private property of the
,or and ee have never considered it
duty 10 preserve the same. Every time | sent Ouo
pledges of secrecy to my correspondent. and have
done annnly The practice pursued ,n by Uniform ms
course of prior years. .,o,
found in the law cTHa'1 sn my once but %S e
condition that no "witness shal against his VIII pe
eS%pSS a 70 anST Ts any son TsdeTsd pa
ucally impossible 70 give effect to the ntent OF th ,o
affairs vOluntariay disclosed Repeated reius sns
Circulars sent out each year have written and sent
thousands OF letters giving personal assurances 70 @
and every communication would be held 10 be sacred
and denird to any one, Including rivals IN une SAM h
such honorable pledges only have been s@e and no 10
charge the Su lies o. Data my annually E
In twenty seven states of the Union that have te
all persons the pledge OF security and confidence given
hv during the several years OF my onca Wis n.r;
and employees and labor organlzationS Inc summary
which was issued by me in io9s ana aSon1 t S
the time usual for the publication Oh TpOr'r
Of ssT @T report sre other and
year in which made up report 10 the d% snrnS
eDss Segr sm%a puSsed
have not devsted from the usual course and practice
Custom OF mS omen OF my "ce With rspect to nv report The
attorp. made TO establish the theory that my report
was gwen out TO influence the penolne eiscuon -
Democratic nomination was made: and TIE data were
obtained before any could tell who the nominees
of any party would be. ,,., .
The Communications and letters upon which s my
precedng annual reports based were never filed
nor made n record In Office. and were never the
property of the state but were private letters, aho
whatever property exists IN 'ne nvoral sender;
q the letters. and | am advised by my couhsel ala'
under the decision Of WOOlSey IS. Judd Duer pa.
and other Kindred cases. injunction wono ne as"iust
matter that guaranteed Shond be private matter anu
held as secret and confidential. ,. T or
* Che head OF the department in question:, az"
Of the opinion and so represent q this honoraDe Our
neTsons and corporations who have 1uris'ed lIe us
upon which nv report is based would De gr'aON III
furious TO the public interests ~,
This affidavit fully outlines the defence OF MT
Peck Mr. Chase wished to have the case 20 on'
Int Jndce Nayham said he was satsned uL'' "
wouId be a troublesome one, and In view oi It's
importance and his work In the General ler'h' he
Thought he would refer the case to Judge EowaNs'
uho granted the original order in The case MI
-boso said this was Of great pubic Interest,"
and he thought a speedy termination should De mao
II. therefore asked that the case be reierTed /"
Judoe Fursman at a special term to be heu a'
TROY ncAt Monday Mr. Meegan moved 'haV "e
case be referred to Judge Edwards at special Term
IN October 10. Judge Mayham then remarked 'hat
he did not want 1t to appear that he wished to shirh
public duty. He tho (Et it. would De re ~ vas n nUl
the case to go before JuUse Edwards rs ne was s un
donbtedly already acquainted With the question IN us
ute and ne therefore. sent the case over TO oc'oper
i befor. Judge Edwards, at hudson. -. ,ros
,.vinc Tho room, he remarked: Well, I've got hfs'