New-York tribune., 1899-06-10

cfa utterances.
Q.-But the question is A.-As to my private
views-I have looked into this subject
al haven't asked you that. I have asked
very plain question. A.-Wen. that isnt-repea'
tho question and will give you answer.
Mr.. Moss-Read the question.
The Witness-Read the question, please.
The Official Stenographer-The last question Is
IF 1t is not entitled answer. perhaps you will
Il as a matter OF courtesy. or do you de-
cline to answer?
Mr. Moss-Read the main questionable long ques-
tIon
The Official Stenographer-Now the first question
Is Have you publicly given out any statement
from your office rejecting upon the rights and the
powers OF this committee? A-By publicly you
mean oficiay7 Q.-Oficially? A.-No Q-Have
you privately with design that II should become
known publicly discussed the powers and the
rights OF this committee. and expressed an opinion
against the powers and the rights OF this commit
tee TO take testimony from witnesses? Have you
done thatT'
Q-Now. Will you answer that question. Mr.
Gardiner? A.-No. don't think that is either ma
teria proper and therefore IT is not entitled to
answer.
Now you notice Mr.. Gardiner. that that
que,tion. while IL asks whether you have stated
these matters privately. asks whether you have not
stated 1t privately to person with the design that
they should become public? A-What mans de-
knowledge OF anything Of the kind. Yet stand on
this principle
HIS RESPECT FOR THE ASSEMBLY.
o-You claim very high and exclusive powers as
a constitutional officer don't YOU? A.-Ies.
Q.-You have already enumerated powers which
you had and which you have as a constitutional
officer. and you expect 10 be respected IN those
powers that you have under the Constitution dont
you? Al do expect to be respected in them. yes
powers which you have under the law? A-Yef
O-There is no doubt about that? Ayes
1.-The Legislature Is Of the three great
branches of the State government. you know that
that IL elementary? A.-Yes.
Q.-And you a constitutional officer mean TO
respect ,he legislature do you not? A-Do you
mean officially or personally.
Q.-Ofcially? Ayes. Officially. yes fer-
sonaily think It is sometimes very hard strain
on ,he conscience. daughter
O-When | say the Assembly am speaking or
course, Of a body which is established under the
law OF the State and recognized in the Constitution
When ! ask you If you intend 10 respect the Legs-
lature the Assembly. | mean just what those words
imply in a discussion between two men occupying
so high and conspicuous positions as you ana DO
at the present moment. Alt IL my duty.
Q.-And you mean 10 do II? A-Certanly
O-And when branch OF the Legislature has
undertaken IN deberatlve action. to do certain
work by a committee regularly appointed ny ~
do YOU start out with the intention OF respecting
and supporting go far az 1t becomes your duty TO
do IT, the work OF the Legislature as represented
by its committee? A.-That Is not a practical
question
OIL think Il is a very practical question be-
cause sir you are the District-Attorney VINO mas
the key 10 the Grand Jury room. and who has In
your hand the directing Of the prosecutions ana
who is the only man In this county with regularly
constituted machinery that can move a case, and
who alone can hold case back and IL is very
proper question 10 ask you whether when the
Legislature has done this thing. you Uean' as an
officer TO respect the rights Of the Legislature
A-No. II is not proper question to ask me "ha'
mean 10 do and what hope TO DO. am gov
erned BY my official acts.
SAYS THE QUESTION IS NOT FAIR.
o-Now str. you know that this committee must
proceed by subpenaing witnesses. II II proceeds at
all and II must hear the testimony Of witnesses,
and witnesses must be brought by subpoena and
the Legislature being out OF session. the only prac-
tical way to make a subpoena effective. when IL Is
dsbeyed "a by prosecution under the law. 1t being
under the law Of the State criminal contempt to
violate the subpoena OF Legislative committee
Now YOU see what right there is 20 ask you these
questions? A-No. don't. l don't see that you
have any right 10 ask me those questions. You re-
mind me very much. when first went into the law
school
Ono: that is not material now Al use" "
make statements to the class
o-Never mind suppose that being an inteli-
gent man. a man up 10 date. and a man OF I'M
portance in business. in the business OF this com
rnunity that you are not unaware OF the proceed
ngs that have occurred before this committee ana
YOU know more or less what has been its expert
ence regarding the contempt OF persons who have
been subpnnaed TO attend here. Now, call your
attention TO that fact and ask you II you do not
think as a constitutional officer expecting to be re-
spected and feeling the obligation OF respecting
the law II you do not see any duty on your part 10
so express yourself at this time as 10 show that
the Attorney OF this county means to stand
for the authority Of the Legislature and for the
respect that is due the Legislature and its com
mittee or does the District-Attorney mean by
silence or by statement TO ally himself with the dis
position of some persons to treat the committee
with contempt? Now, there is fair question?
A-Do you think that is fair question?
O-I do and give you A pnterruptng)-l
should like TO have you In my Law class for a
while and I would teach you that It was not fair
question.
HAS READ THE CRITICISMS.
Owe have given you an opportunity to come
here and express yourself, and you will not DO It,
Ain the fret place. have not read single re-
port through of any meeting of your committee.
7 don't think have more than twice glanced over
the reports / have read few sharp and drastic
criticisms OF The Herald" lately.
O-Ycu have read these. have you? Ayes. be-
cause 1 happen to be taking that paper just at
present | don't know that have seen all OF them
I have only seen couple. That is ALL 80 don't
really know what has transpired fully here
hone YOU won't ask my opinion about what have
read
o-I have not asked your opinion have not
gone into the private realm at ALL am asking you
as a public officer who perhaps, has had PUBLIC
duties TO perform. and who perhaps. may nave
pubuc duties TO perform. TO affirm or deny state
ments attributed TO you. which would appear 10
put you in position Of antasonsm ana hosunty
70 the LEGISLATURE as represented in this commit
,es Al am not called upon at any time to ex-
nress myself as to any newspaper reports pro or
con. When the time comes for my official action In
any matter which may arise out Of this committee
7 shau act I'm no uncertain manner pro or con.