Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1905-10-04
COMMITTEE
BOGUS SAYS
UNTERMYER
Byde's Counsel Tells Hughes
Investigation Is Illegal.
WILLING TO LET JAMES APPEAR
As AFAVOR TO THE POPULAlE
But Must Be Along to See That
Unfortunate Young Millionaire
Does Not Get the
Worst of II.

New York, Oct. 3,-Samuel Inter
meyer, counsel for James II. Hyde, to-
day gave OUT for publication a letter
addressed by him to Charles f.
hughes of the insurance investlgatlls
committee, in which he saws:
Referring to your request that Mr.
Hyde voluntarily appear as a witnes
before the joint committee appointe
by the defunct legislature of 1906 "
investigate the affairs of life insuR
ance companies, l have advised MI
Hyde that your committee is without
power or jurisdiction to make the in
vestigation in which you are engaged
My opinion is based on the propo-
.sltion that the assembly at least ha
no power to direct an investigation
Cd to be held after its adjournmen,
and CD for the express purpose of Re
porting to future legislature not We;
elected and which can have no eR
istence until 1906.
Either house may investigate wheR
in session, either directly or through
committee of its number, for the
purpose of Informing itself as to the
pending or contemplated legislation
by II, and for that purpose only.
We appreciate, however, that the
pending inquiry, though unauthorized
and irregular will prove wholesome
and In the public interest and that II
continued on the same lines much o
the responsibility for existing condi-
tions, which has been most unjustlS
placed upon Mr.. Hyde, will be fixed
where 1t properly belongs.
The bulk of the subject matter of
the inquiry, so far as concerns the
Equitable society, relates to practise'
and conditions that ante-dated by
many years his active connection will
the society, of which he has II
knowledge and which seem to have
been continued under the administra-
tion with which he subsequently be-
came identified.
MFR. Hvde instructs me to say that
he Is willing to assist the inquiry BY
voluntarily appearing as witness ane
in any other way that may be founc
desirable, provided his rights and
those of his fathers estate can be rea
sonably safeguarded.
"Unlike the other insurance compa
nies now under investigation the af
fairs of the Equitable have alread,
been exploited as the result of intern
al dissensions between the officers. MI
Hyde has, as you know, been exam
ined at great length in a secret pro
ceedng by "a hostile superintendent
insurance.
I'm that investigation Mr.. Hyde wa
refused the right to the presence o
counsel at the hearing. although tn
superlntendent had counsel to conduc
star chamber proceedings.
"As the result of this performance
and of statements made before your
committee, which have not yet beer
submitted to the tests of cross exam
inatIon. Mr.. Hyde has been grossly
misrepresented and injured in Tn
public esteem for his supposed con
nection with the transactions lol
which he is not esponsible-eXcept toi
having trusted TO older and more eX
Aerlenced men. He Is not willing L
repeat that experience no~- In anoth'
er form before your committee.
''He is prepared to waive all lega
objections to appearing and TO re
your committee fully and frankiH
everything he knows except as 70 maj
ters that are embraced in pending III
igation, on condition that your com,
mittee will in common fairness accord
him the right of being represented
advised and re-examined by counsel
Hyde Files Demurrer.
Albany. Oct. 3.-Attorney General
Mayer today received a copy OF de-
murrer filed by James II. Hyde, for
mer vice president of the Equitable
life Assurance society. to the blanke'
suit brought by the state against tht
old directors Of the company to com,
mel the restitution of moneys alleged
10 have been wrongfully converted by
the board
Mr.. Hyde declares that scarcely any
~ the allegations contained In tn
complaint state facts sufficient to con
stitute cause of action. He holds
further that the causes of action arr
improperly formed. Even II the de-
murrer is not sustained, consideration
of 1t and Of possible appeals woulo
delay the trial of the main action uh-
I'll next spring or summer