Arizona republican., 1905-10-04
Hyde'S Attorneys Opinion
 of Committee
Ills CLIENT HOWEVER
Will Waive all Legal Objections and AppearBefOre it and Testify if He Can be Assured of a Protection of His Rights.

New York, Oct. 3.-Samuel Unter- meyer. counsel for Jas. Fl. Hyde, today gave out for publication a letter ad- dressed to- him by Chas. E. Hughes of the inSurance investigation committee, in which he says: Referring to your request that MT. Hyde voluntarily ap- pear as a witnes before the joint committee appointed by the Gefunct legislature of 1905 to investigate the affairs of the life insurance companies, I have advised MT. Hyde that your committee is without power or juris- diction to make the investigation in which you are engaged.
 My opinion is based on the prop osition that the assembly at least has no power to direct an investigation CD to be held after it's adjournment and (2) for. the eXpres purpose of report ing to a future legislature not yet se- leoted and which can have no exist ence until 1906.
 Either house may investigate when in session, either directly or through a committee oe it's number. for the pur- pose of informing itself as to the pending or contemplated legislation by it, and for that purpose only.
 We appreciate, however, that the Pending inquiries, though unauthoriz- ed and irregular. will prove wholesome and in the public interest; that if con- tinUed on the same lines much of the responsibility for existing conditions. which has been most mjustly placed upon MT. Hyde, will be fixed where it properly belongs.
 The bulk of the subject matter of the inquiry, so far as concerns the Equitable Society, relates to practices and conditions that antedated by many years his active connection with the society. of which he has no Inowl- edge and which seem to have been continued under the administration with which he subsequently, ocean 9 identified.
 My Hyde instrUcts~me to say that he is willing to assist the inquiry by voluntarily appearing as witness and in any other way that may be found desirable provided his rights and those of his fathers estate can be req sonably safeguarded
 Unlike the other insurance compa- nies now under investigation, the af- fairs of the Equitable have already been ea-pIeitsd-a the result of internal dissentions between the officers. MT Hyde has, as you know, been exam ined at great length fn a secret pro ces ding by a ho<tile superintendent of insurance. In that investigation MT. Hyde was refused the right to the presence of counsel at the hearing, al though the superintendent had counsel to conduct the star chamber proceed ings.
 AS the result of this performance and of the statements made before your committee which have not yet been submitted to the tests of cross examination, Mir. Hyde has been grossly misTepresented and injured in public esteem for his supposed cOnnec- ton with the transactions for which he is not responsible-eXcept for hay ing trusted to oder and more eXpe- rienced men. He is not willing to repeat that experience now in another form before your committee
 He is prepared to waive all legal objections to appearing. and to tell your committee fully and frankly ev- erything he knows except as to mat ters that are embraced ia the pend ing litigation, on the condition that your committee will in common fair ness accord him the right of being represented, advised and re-eNamined by counsel'