The Birmingham age-herald., 1905-10-04
Untsrneyef Says However Hyde
 Will Appear
|NvADEs PR|VATE RIGHTS
Mr. Hughes Says Mr. Hyde Will Be Treated Courteously, Fairly and According to His
 Rights.

New York, October 3.-Samuel Unter-
 meyer, counsel for James H. Hyde, to-
 day gave out for publication letter ad-
 dressed by him today to Charles E.
 Hughes of the insurance investigating
 committee, in which he says that he has
 advised MT. Hyde that in his opinion the
 committee is without power or jurisdic-
 ton to make the investigation in which it
 is engaged.
 My opinion" says MT Untermeyer, lis
 based on the proposition that the assem-
 y at least has no power to direct an
 investigation, (one) to be held after it's
 adjournment and (two) for the express
 purpose of reporting to future legisla-
 ture not yet selected, and which can
 have no existence until 1906. The ques-
 ton has never been before the courts so
 far as I can learn. If the precedent con-
 tended for can be established, 1t will point
 the way to a dangerous invasion of pri-
 yate rights"
 Continuing, MT. Untermeyer says that
 Mr. Hyde has already "been examined at
 great length in a secret proceeding by
 hostile superintendent of insurance, the
 main purpose and effect of which seems
 to have been to misrepresent and exag- gerate his connection with the transac- tions under investigation, and shield oth- CTS on whom the responsibility rested. Refused Right of Counsel. "On that investigation MT. Hyde was refused the right to the presence of coun- sel at the hearing, although the superin- tendent had counsel to conduct the star chamber proceedings.
 sAs the result of this performance and of statements made before your commit tee which have not been subjected to the tests of cross examination, MT. Hyde has been grossly misrepresented and injured in the public esteem for his supposed con- nection with transactions for which he is not responsible-except for having old CT and more experienced men. He is not willing to repeat that experience now in another form before your committee If, however, MT. Hyde may have the benefit of counsel at the hearing, and on your assurance that his examination will not include the subject matter of the pending suits he will appear for examina- ton at any time next week that may be fixed by you"
 Charles F. Hughes gave out the fol- lowing statement tonight
 T received Mr. Untermeyers letter this evening and have conferred with MT. Me Keen. We couch it in the following state-
 ment:
 Issue Formal Statement. "So far as MT. Hydes conditional offer to appear as a witness Is concerned it would not be proper for us to comment upon 1t In advance of the decision of the committee. We will say this that if MT. Hyde appears before the committee un- der any conditions he will be treated cour- teously, fairly and according to his rights.
 MT. Untermeyer's claim that the com mittee is without power to conduct this investigation we believe to be without | merit and we shall so advise the com
 mittee. MT. Untermeyer cites no author | ity for his contention, and we are not im- | pressed with hls reasoning. Legislatures by concurrent resolutions l of both houses have authorized joint com- | mittees to summon witnesses and to take | testimony after adjournment, and to re- l port to the next session"