New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-06-03

The Chairman-Mr Sergeant-at Arms you will
| remove this man from the room
Mr.. Hoffman, desire to state that am not In
| accord with that ruling. and protest that this
| committee has right to order an attorney who
Is here In a representative capacity from this
The Legislature has no such power. and 1t was
never contemplated by this resolution and pro-
| test against such outrageous proceedings.
Mr. Clarke-Mr. Chairman. this is novel
proposition under the law Of the State OF New
! York. take II tina. my brother Henderson. who
| Is a member OF the bar in good repute and very
! considerable practical practice which has led
| him into all the tribunals OF the State: who is
thoroughly familiar with the decisions and stat
utes, knows as well as DO that this question has
been passed upon by the Court Of Appeals of this
| State and that 1t has there been adjudicated in
| the most formal manner in the matter of the
People ex rel Mcdonald Keller. In 30 New
! York. Under the investigation of 1884, when the
Commissioner OF Public Works Of the city OF New
| York was being investigated. the precise question
TO the rights of a witness to be represented by
counsel and to refuse TO answer questions by adj
vice of counsel came before the Court OF Appeals.
CLARKE QUOTES THE LAW.
| Under precisely similar circumstances witness
| was upon the stand. and counsel had been recog-
nzed by courtesy for the same purpose, and IN the
| course OF the examination the witness deemed 10
| answer. upon the advice OF counsel. and the coun-
| sci advised him not to answer. He was thereupon
| brought before the Bar of the House, was ordered
to be arrested and committed TO the common jail.
| and he sued a writ of habeas corpus, ana the
| main question before the Court Of Appeals upon
| the ultimate appeal as to the right OF the
| witness to be represented by counsel and the au-
thority OF counsel TO advise him. under the advice
of counsel, refuse to answer questions; ana the
| Court Of Appeals. consisting OF five Democratic
Judges, Of the ablest benches that this Court
| has ever known in a unanimous opinion, pro-
ll0 If he
| ocratic Judges hav had the bench
| 1 Will withdraw Democratic Judges-one OF the
! abest Judges have had on the bench coh-
CURED in by Judge Earl. subsequently Chel Juuse,
| concurred in by Judge Andrews, subsequently |"iei
| Judge concurred In by Jedge Danforth concurreu
IN NV all ~ that able bench and deliberately. after
! argument and advice held that witness being
examined in a legislative proceeding had no rBh''
constitutional or legal. to be represented by coun
| sell and could not refuse TO answer; ana wheh ne
| had refused to answer, the counsel, having Deeh
kept quiet under the orders Of the committee that
that made a contempt Of court. and that he was
| properly ncarcerated IN the common jail.
| And ~ counsel after the courteous way In which
| he has been permitted TO make the statement
which he has made proceeds. against the direction
Of the committee, to Instruct witness. under such
| circumstances he commits, in my Judgment one
| ~ those contempts in the face Of the committee
for which in the preservation OF the dignity OF the
| committee of the dignity Of the Legislature OF the
| state of New York and the dignity of the people
! OF the State OF New-York. whose representatives
! Won directly are he can be compelled to obey the
| direction Of the committee II he remains in the
courtroom; and II he declines. can be thrown from
| II. II necessary
| MI Henderson-Mr. Chairman am permitted to
say anything in reply TO what Mr.. Clarke has saidI
The Chairman-No, sir; you are not. You will
resume your seat
| Mr.. Honman-In the case which Mr.. Clarke has
referred to, counsel was permitted by the commit
| tee appear for witness, and had that courtesy
extended TO him. IN this case no such courtesy
has been extended. This witness. any other
witness has a right into this chamber
here in the sessions Of this committee and be rep
resented by attorney: and II the counsel believe
that the witness for whom the attorney appears is
| Intercepted concerning matters over which this
committee has control. and an answer to which
might tend 10 affect the witnesses interests. sub
| nit that the Mcdonald does not hold that
counsel should not be permitted to advise his
| client to refuse TO answer.
HENDERSON AGAIN DEFIANT.
M uenderson-I wish 10 suggest TO Mr. Hoffman
| that the Sergeant at Arms has power whatever
under the statute. has this committee any
| power
| The Charman-That remains for the committee
to decide.
| Mr. Henderson-No: It remains for the court TO
| decide. not the committee
The Chairman-You VIII resume your seat lou
will take your seat.
| Mr. Henderson-Yes. sir.
| The Cha1rman-And keep your seat. II you want
| 70 remain In this room. II you do not keep your
| seat YOU will have TO leave this courtroom.
| Mr. Henderson-we Will determine that question
when come to II.
| The Chairman-We will come to II very soon.
| Mr. Henderson-You cannot come TO II too soon.
| Mr. CIarke-May suggest to my friend Mr.. Hon.
| man that he has not read the referred TO so
| baye he of he Of
Appeals IS emphatic. broad not upon any precise
question then presented. but upon the general
proposition examined. and all the rights under the
! Constitution and laws for the representation of
people under trial In forum. TO be represented
| BY counsel; considering the whole question Of the
right of representation. and concludes that I'm our
opinion there is constitutional or legal right to
be represented by counsel by witness In legis-
! iative proceeding Now, that Is almost the exact
| language of the decision.
! The Chairman-The committee will the
responsibility and anything expressed by Mr.. Hon.
man will not deviate us from that conclusion in the
matter.
Mr.. uonman-I understand the law and the de-
cIsion, believe.
PRICE INSISTS ON READING
! Mr. Moss-Now ask for an to the ques-
| ton? Ayes. sir.
| o.-You needn't read any paper. I ask you to
| snecifv the name CT the man? Al can't answer
| that question without consulting the notes that l
| have here.
| O-What is the name OF the mani Al can't
answer that question without consulting the notes
| have here.
| o-Consult the notes and give me the name Of
the man who was suborned to perjury? A-By
advice OF counsel at this time, decline TO answer
unless permitted to read my answer
| q You are not permitted TO read the paper. You
can refer 10 II for the purpose OF refreshing your
memory and after referring to 1t you can state the
name Of the person suborned to commit perjury
| Al have no desire 10 withdraw
| Ono answer the question
| The Chsirman-Do you know the name OF the
| man?
| The WItness-Yes. sir.