New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-10-04
HYDE'S COUNSEL DEFIANT.
CALLS PROBE ILLEGAL.
Says Client VIII Testify Only Under
Barred Conditions.

committee only two virtually impossible con-
ditIons-one that ne have the privilege of coun-
sci at any hearing and the other that his ex-
animation shall exclude the subject matter Of
all suits pending against Mr. Hyde.
In his letter to Mr. Hughes Mr. Untermyer
says he has advised his client that your COM
mittee is without power or Jurisdiction to make
the investigation i'm which you are engaged"
He bases his opinion 'on the proposition that
the Assembly at least has no power to direct
investigation first. ne held after It's sd-
journment and second. for the express purpose
of reporting to a future legislature not yes
elected and which have existence until
1906
Mr.. Untermyer characterlzes Mr.. Hendricks as
"a hostile Superintendent of Insurance" the
main purpose and effect OF Mr.. Hendricks's ex-
animation of Mr. Hyde seeming to have been
Ito misrepresent and exaggerate his CMr.
Hyde's) connection with the transactions under
investigation and to shield others upon whom
the responsibility rested"
Despite his contention that the Legislative IN
quiry "is not being conducted subject TO any
rules OF law Mr.. Untermyer declares that on
the two conditions noted his client viii appear
for examination at any time next week. In view
of the conditions imposed, Mr. UnterTnyers o1er
is considered as tantamount to a fiat declara-
tion that his client refuses to testify before tbs
committee.
After consultation with James McKsen. hi<
colleague and Matthew c. Fleming, their as
sistant Mr. Hughes. In a reply issued late last
night stated HIS belief that Mr. Untermyers
| contention that the committee is without power
| to conduct the investigation is without merit,
| adding that counsel would advise the COM
| mittee Mr.. Hughes states that in former cases
| of a similar character the legislatures course
! in the appointment of such committees has beeu
| approved by the courts
| STATEMENT A SURPRISE
While the presence of legislative procsss
| server at the scene Of Henry Rogers Winthrop's
| wedding at RosIyn. and the unaccountable sb-
! sence of Mr.. Hyde lent a faint mixing of what
! was coming 1t was scarcely an exaggeration to
| say that Mr. Untermyer's statement in nsur~
! ance circles last night had much the staTtilns
| uuexpectedness Of ?. Iyddite bomb exploded at 4
| ba by show. The Tribune can assert authori-
/ tatfveIv that since his counsels return from
| Europe Mr. Hyde has paid flying visit to tois
city unbeknowu even to his closest friends
That Mr. I-ntermyer-s letter will have def
mite moral effect on other potential witnesses.
EQUITABLE witnesses in particular. seemed TO
ne conceded last night The precise nature Of
| the effect, however could not be gauged.
1Tr T-ufern1yer left town early in the after
! noon to attend = directors meeting in BOSTON.
where it is said Mr.. Hyde arrived last night
! from Newport.
TEXT OF STATEMENTS.
1re letter 70 Mr. Hughes. which pub
rsbed by his secretary Is p. M. is as follows
| Referring - Your request that MI H$0f 7S9f
Voluntarily appear witness oeIgIe lS ~
fS t iyesEate the affairs of life insurance CON-
panies. have advised MI aiyqT {f, to rnaks
the investigation wltrn you are s resolution
aIorzin Gn tho tT ivesta directs that the CON
mttee mall after the adiournneH esad % I and after
the bod of which it is part M had dc SeaSg9 gGe SO of re-
proceed with the inyes,s5 of D the legislature
Nv Opinion based on the pIopoS',s irsct an In
Ase9ig a a. o BE- held a NJ tt7 7na
C2) for the express pqTp2S6 9 nd which can have
e7istSsn3e lI unt Sav investigate when in session
aher directly or through conmlsSonj OF a. S 70 snf
6ers for 5hf RTg legislation By it and for that
ptgpose only. II such an 80 ieqIsiat1Ire or
duetS LOT for Ia,09 The question has never pee
before 50 3 far s sS be can estab;had it viii
0ont GeGet' the way to dangerous invasion OF
rT9ss We appreciate that the Psnd& & inqS pToy
Wh4lesong tnI,ed on the same lines much OF ba s
responsibility for 5en pTaeed On Mr. Hyde. win be
fxed where it properly 6eonGs. ~ the inquiry so
faT the s 0cT Concerns the Bauitahle socieyd rstes no
practices ana ttge connection with the society OF
| which he has no knowledge ana ~ ",oa "5uai,tsfrs
i 10 % Tith which ne subsequently necame 1denlhHi11 sIIi
ti93 m Ifvde nstructs 10 say that he Is ElisS
"a Ms assist the inquiry by voluntarily appeaTss&g & ~
8 witness and in any qInSL ibfs anS fhoss Of his
fafhers estate be reasonably safeguaTdsdd 4L,
nnnT - is nci being conducted suoIect to any rules
Of ~: mat the witnesses are without proteciea
them by counsel for the committee nit, o,, ,.,s-rx
| he General ana private Cl.i0co5
against l1r Hyde AMI lotheTs are 49, hS
5otrer and sister are interested based upon some
Of the transactions which have been made the sub
Unlike the other insurance companies now under
ready been expioSeu, . q M IVA. has "a Sc,
nroceeding by hostile Superintendent OF Insur-
ance. the main purpose and eneci OF wnica sss9 81
! connection with the transactions under investiss-
| tion and shield others on whom the response
On that Investigation Mr.. HYDE vas refused the
| right To the presence OF counsel at the nearing
| although the superintendent had counsel 70 con-
| duct the chamber proceedings
nsnts made before your committee which have not
bs 5setgd 9s I'd. 70 osa the sT-g sgs Rf
and injured in the public esteem for ms suyI9Ts
TesponsRe except foF having trusted % older a.
more experienced men nc = nv nv f6rnl pe fore yosf
m - rAnared "a waive all legal obJest9s 80 -
ne II ri md 20 telling your committee fns s,
/ frankly everything ne knows ,ttt5s lion on gOndi-
trat are embrace 'f will in common faTnesS
| accord him the right OF - MS 'Nf
and re-exaIninnd bS Go ! bope ii is not the purpose
II Is noC oSSlitee 10 use This e% paFle ana 20
OF youI Oo,r'5a,thorized proceeding to tae PGpV
my nina luAu ,ui5snce i'm support or pending or
ip,nssTdne q, suits Such metso15s, 5,e az
l,Penui @ einIIitntons and sense OF falfnfSS @ m ,o,ld
do aot q for Mr mfIe MgGes oer aPsSsF before
13u az GROSS TnISFePFasnnl liilo r9ar rr1T
young man has at . had an opportunity Of explain
he mas ntH,.'F ~ TlghI InaI NO SHOWN