New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-23
WARNING TO REcALcITRANTs.

The note OF warning 10 disobedent witnesses
was sounded yesterday morning at the opening
OF the days sitting by John Proctor Clarke.
He made II clear that II was not necessary. as
Croker e. Co have fondy thought 10 present
the facts Of their obduracy TO the Assembly
before they can be proceeded against There
are adequate remedies already in the statute
books which cover their offence. Mr. Clarke
called the attention Of the committee and
OF the witnesses TO the fact that In the
Penal Code there is provision for dealing
with witnesses guilty Of contumacious con-
duct before a legislative committee. Sections
Gs and 80 OF the Penal Code. which he read.
left no room for question 10 the power OF
the committee TO punish witnesses who refuse TO
answer questions. The two sections. In the
piainest terms define the refusal OF witness
to answer questions put by the Legislature or
any committee Of the Legislature authorized to
summon witnesses. or the refusal TO answer the
subpoena OF such committee or the refusal TO
produce upon reasonable notice any material or
books papers or documents in his possession or
under his control. misdemeanor Mr.
Clarke also read from Section ID. which pre-
scribes as the penalty for a misdemeanor i'm
prisoninent for one year in jail or In the peni-
tentlary or by a fine OF 500 or both.
Freedman ct al. are likely TO face. Mr.
Clarke's warning was uncompromising and en-
phatic You will observe" he said. after read
ing the sections from the Code that for con-
tunacious refusal to answer proper and ma
ter,al questions a witness commits a misde-
meancr 1t is the purpose OF the counsel to this
committee. with the approval OF the committee
at the proper time. to be determined by the
Judgment OF the counsel and the committee, TO
present such contumacous witnesses who have
refused to answer such proper and materiai
questions as he committee shall determine TO
the constituted criminal authorities OF TINS
county for presentment, indictment ana pun
,shment not for a moment doubling that tho
constitutional officer OF this county. the Dis
trtct Attorney. will lend his aid to the proper
observance OF the laws Of the State. IT. for any
reason. by press Of business or otherwise. II
should he impossible TO present such matters
70 a Grand Jury OF this county. the provisions
Of the law OF this State which authorizes thc
Governor to appoint a Judge to hold an extraor-
binary term OF the Supreme Court for crh'-
ra, matters authorize the Judge appointed
to empane an extraordinary Grand jury ana
authorize the Governor to appoint the Attor-
ney-General or one OF his deputies TO conduct
such matters as may be necessary before sncn
nroper time subject to the control or the COM
mittee and upon the advice OF counsel TO the
same"
Mr. Clarke's remarks created decided sensa-
tion and DR. O'Sullivan jumping up In an ef-
fort 10 minimize their effect characterized tnem
"a Intimidation" but he was ordered ny the
chairman 10 resume his seat. Mr.. Clarke MADE
II nlain that no pull" in the District-Attorney's
Office would save recalcitrants. II was learned
af,er Yesterdays session that should District
Attorpey Gardiner In his official capacity mani-
,ast a desire to impede the committee In secur-
,,g the punishment Of perverse witnesses. Cow
.rnor Roosevelt has intlmated that he will ap.
no,n, n Justice OF the Supreme Court. as the
law nrovides to appoint an extraordinary
Grand Jury. and will authorize one OF the depu-
,,ss q, the Attorney Generals department 20
conduct the prosecution
TO ADJOURN TO NAY o.
At the conclusion OF the sitting yesterday. the
committee held an executive meeting, and after
n short deliberation announced that at the close
Of to-morrow's session they would adjourn until
MAY g. The reason for so long an adjournment
Is that Assemblyman Fallows is indisposed.
while the other members OF the committee feel
that after their Legislative labors they are en-
titled to a short rest 1t Is their intention wnsa