The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1892-10-05

method prevailed in other States, and
the returns he had received were his
own property and not that or the State.
Hence no call upon him for the basis of
his reports should be honored. The case
went over until later date.
The affidavits on which the mandamus
Is asked were made public at the insti-
tuition of this proceeding at Kingston
some time ago, and allege demand by
the relator to see the circulars; that
they are public papers, and that his de-
mand was refused.
Peck Makes Affidavit.
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 obtaining the information IL was
designed to secure for the Legislature Of the
State. In order to obtain the information re-
quired to make annual reports ii was neces-
sary that / should obtain the confidence OF
both employer and employe, the business men
and the laboring people OF the State. AT the
very outset was obliged TO make rule, pub
licly announced by me, that all information
was to be received in the strlctest confidence
as to all correspondents and informants, 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 me in discharge OF the
duties of my office should ever be placed on file
in my office or be,made matter of record or
be considered other than the private property
OF the commissioner for the protection OF the
senders of communications, and have never
considered 1t my duty to preserve the same.
Every time j sent out circulars asking for
information i invariably gave pledges of Sc
crecy to my correspondents and have done so
annually. The practice pursued by me in 1890
and 1891 was no departure from the uniform
course OF prior years. found in the law Gre
ating my Office provision authorizing me to eX-
anime witnesses, but with the condition that
no witness shall against his WILL be com
private y, affairs' This restriction rendered IL
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
business men, and besides the circulars sent
out each year L have written and sent thou
sands of letters giving personal assurances to
the writer's that no use would be made OF their
confidence, and every communication would
be held to be sacred and denied to any one in
Guiding rivals in the same branch OF industry.
BY such Legitimate means and by such honor
able pledges only have i been able to dis
charge the responsible duties of my office and
TO render TO the Legislature the data annually
transmitted to it in my annual report.
In twenty-seven States of the Union that
have labor bureaus 1t has been found neces-
sary to give to oil PEE ms the pledge of Sc
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 organizations. The sum
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 have pub
lished my report every other year and every
year in which have made up a report to the
Legislature invariably published beforehand
in or about August OF each year a summary as
/ have published in 1892 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 given out TO influence the
pending election is 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 communications and letters upon which
my preceding annual reports were based were
never flei nor made record in my Office and
were never the property of the State but were
private lett ers and whatever property exists
In them is divided between this deponent
the receiver and the several senders of the let
ters, and L an advised by my counsel that
under the decision OF Woolsey vs. Judd and
Duer. $40, and other kindred cases. injunction
would lie against me If l attempted in any wsy
to make public the matter that 1 guaranteed
should be private matter and held as secret and
confidential. AS the head of the department in
question am of the opinion and 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.