The daily morning journal and courier., 1897-09-16

tract appointing committee to investigate the other party to the contract. me aD
 Was suray 1f s w aad r Geary m hs sho
 point a committee to investigate the otl- cials of the city or town who were entrust- ed with the charge. of the supervision of the In the second place, the committee pre- septs only one side of the contract and the situation is different than if the parties had agreed to a committee to be mutually appointed. MT. Geary rests under the dis advantage of attempting to satlsfy coni- mittee, appointed owing to rumors ana Ill, definite charges. which have existed, ana committee which, although, we can take no exception to the personnel of its mem bers, yet cannot help but bear through the investigation the idea of protecting the party by whom it Was appointed dow nend
 ing owing to published charges being made by one of the original committee who sign ed the contract with MT. Geary, which MT. Geary claims is libellous; and In that case now pending the same counsel appears against Mr. Geary as now appears for the town; and we are informed that he ad- vised, if he did not urge, the selectmen to which represent the town; and In our Judg- ment based upon past investigations, It would be an utter imp0ssibility to go ahead with this one in the manner proposed with, out bickerings and contentious which would very materially interfere with the arrival of the committee at a just determination of the matters under consideration, MT
 Geary has claim for a considerable amount of extra work done in connection with this contract, This claim will in due time be presented to the town and city Tor and city should refuse payment, 1t may
 be the subject of litigation. Now if MT. Geary appears before. your committee rep. resented by counsel, it is really trial or pointed by his debtors and subjects him to q cross-eXamination without restraining g rules of evidence, and with the probability | of its use as a drag net to, secure the evi- dence of MT. Geary with no final deter | imitation of the merits; and that 1t will result in contentious before the court be- | fore which his case will be tried, if ever, as to the testmonay given by or against | him in this hearing.
 The resolution adopted by the court of common council was introduced, we are in- | formed, by the chairman of your commit tee. The committee is composed of men of businesss experience and this contention l is simply one of business. MT. Geary has 1 nothing to conceal from this committee and
 are and how they arose. There can be no | doubt that this committee of itself Is quite competent to ask MT. Geary what 1t wants
 to find out and that it is likewise com sires to know regarding the matter, and if | this committee will discard counsel Mir. 1 Geary will appear before it without coun-
 sel, will make his statement so far as he Is | committee may desire to hear He will also
 answer any questions which the com mittee may desire put to him which are l consistent with a fair and open investi-
 gation, and will aid the committee in any
 way in arriving at full knowledge of all | the facts. But we are frank to. say to | the committee that we shall advise Mir. | Geary not to appear before the committee | to be subjected to cross examination by
 counsel, or If counsel are to be present; | anticipating as we do that it will be i'm
 possible in that event to eliminate the mix | ing up of this investigation with an at
 tempt to obtain the evidence of Mir Geary
 and his witnesses for use in litigation
 which is already pending, as before stated,
 and possible litigation which may grow out | of his claim for extra work.
 l We beg to reiterate that in our opinion
 this committee Is entirely able to- find out | the facts which are the subject of the
 resolution of the court of common council,
 concurred in by the board of selectmen; and
 if the committee desires to find those facts | in its own way and by itself, MT. Geary | Is at their service; but he n not at the
 service of the committee to be examined | by counsel for the other parties to his con- 1 tract, namely, the town and city, or by
 counsel in the libel suit now pending.
 Very Respectfully,
 l HOTCHKISS & ASHER, i Attorneys for James J. Geary.