New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-03-09
MOSS MAY GET NO PAY.
RULING THAT ONE LEGISLATIVE
BRANCH CANNOT APPOINT COMMIT
TEES AT PUBLIC EXPENSE

TEES AT PUBLIC EXPENSE.
Albany. March S-That the Mazet Comnait.
tee was Illegally appointed. and that the Legis-
lature is now without authority to pay for the
expense OF the investigation was determined by
ruling of Lieutenant-G Governor Woodruff upon
point of order raised by Senator Grady in the
Senate this afternoon.
The decision was rendered after long dis
cussion following the introduction of the reso-
luton Of Senator Cofey for the appointment
by the Lieutenant-Governoro of COMMITTEES of
nve members OF the Senate to investigate the
affairs of the Third Avenue Railroad Company.
Senator Grady Immediately raised the point of
order that under the legislative law neither
branch Of the Legislature could appoint an
investigating committee at the public expense
without the consent of the other.
Lieutenant Governor Woodruff declared that
three years ago he had appointed committee
to investigate the corporations of New-York
and that had been done without the consent Of
the Assembly.
Senator Grady said he could not help what
had been done by the Chair. but could simply
quote the law, which stated specifically that
money could be appropriated for the expenses
OF such an investigation unless the investigation
were ordered by the concurrence Of both
branches of the Legislature.
How about the Mazet Committee?" inquired
the Lieutenant-Governo
That is just what gave me my information"
responded Senator Grady Il will call the at
tention of the Chair to the letter Of the Dis
trict Attorney In ignoring the subpoena Of that
committee in which he stated that he did
because the committee Illegally appointed.
and quoted the section of the legislative law
to which call your attention.
The whole House instantly in confusion.
and me- wa for
copy of the manual copy Of the law. SEN
ator Raines suggested that the matter should
lie upon the table until they should have
opportunity to investigate the matter. but Sem
ator Coffey demanded immediate decision.
Senator Raines said it had been the universal.
practice of both Houses to appoint investigat-
ing committees, and thereafter both branches
should appropriate the money necessary for
their expenses. He quoted another section OF
the legislative law which he thought gave to
the Senate the right 10 appoint it's own COM
mittee
Senator Ellsworth, however. came to the re-
lief of Senator Grady and read from the law
the explicit declaration that no such committee.
involving the expenditure OF public money.
could be appointed without the concurrence OF
the other branch.
Senator Coffey said that several men In
Brooklyn who had invested their money IN the
stock of the Third Avenue road had consulted
him about this investigation. which he consid-
cred eminently proper. Senator Grady replied
that he would object to any similar resolution,
but stated to Senator Coffey that he did not be-
Iieve that he (Senator Coffey) conserving
the interests of the people who had invested
their money In this corporation by the introduce
ton of any such resolution The affairs Of tho
company We're now in the hands OF the Court
through it's receiver and any criminal act or the
CORPORATION in the past could also be submitted
to the Court
Further discussion Of the merits Of the meas
ure was however. cut of by a point or ORDER
that only the question OF the legality OF the
committee could then be considered
The Lieutenant Governor declared that under
the law as quoted he Obliged TO rule that
the resolution was out OF order and could not
he considered except as a concurrent resolution
Senator Coffey then amended his resolution
to make il of a concurrent character. and under
the rules further consideration OF the measure
went over until tomorrow. -
The decision of this point and It's possible
effects caused considerable CONSERVATION
among legislators. II is pointed out that MT
Moss's claim for services to the Mazet Commit
tee is still pending, and under this ruling, II IL
be sustained no appropriation can be made 10
nav il Another investigation committee 10 IN
vestisate the officers OF Syracuse has been
named at this session. Under this ruling the
committee may proceed with its Investigations.
but no authority exists for the appropriation OF
money for its expenses. All other similar COM
mittees are placed in the same situation