The daily morning journal and courier., 1905-10-04
HYDE WILL NOT APPEAR
 UNLESS WITH COUNSEL
LETTER SENT BY HIS LAWYER TO ATTORNEY CHARLES
 E. HUGHES.

MT. Untermeyer Declares the Insurance
 Investigating Committee is Without
 Power or Jurisdiction to Make the In
 quiry in Which It is Now Engaged--
 His Reasons for Claiming This--Mr.
 Hyde Willing to Appear With Conn
 seI and Provided His Rights and
 Those of His Fathers Estate Can be
 Reasonably safeguarded.
 New York, oct. S.-samuel Unterny- CT, counsel for James H. Hyde, today gave out for publication the following letter, addressed by him to-day to Charles P. Hughes, of the insurance in- Vestigating committee:
 Charles E. Hughes, Esq, New York.
 Dear Sir: Referring to your request that MT. Hyde voluntarily appear as a witness before the joint committed ap- pointed by the defunct legislature of 1905 to investigate the affairs Of life in- surance companies, I have advised MT. Hyde that your committee is without power or Jurisdiction to make the in- yestigation in which you are engaged.
 You have no doubt observed that the resolution authorizing the Investigation directs that the committee shall after the adjournment of the extraordinary session at which it was passed, and after the body of which it is a part has ceased to exist, proceed with the inves- tigation for the purpose of reporting ito the next session of the legislature
 My opinion is based on the proposi- tion that the assembly at least has no power to direct an investigation (1) to be held after it's adjournment, and CD for the express purpose of reporting to a future legislature not yet selected, and which can have no existence until 1906.
 Either house may investigate when in session, either directly or through a committee of it's members for the pur pose of informing itself as to pending or contemplated legislation by it and for that purpose only. If such an in- vestigation may be conducted for the information of the legislature of 1906, why not for that of 1910. The question has never been before the courts so far as 1 can learn. If the precedent con tended for can be established, it will point the way to a dangerous invasion of private rights,
 We appreciate, how ssass+ .-ssass pending inquiry, though unauthorized and irregular, will prove wholesome and | in the public interest, and that if con- tin1ed on the same lines much of the responsibility for existing conditions, which has been most unjustly placed upon MT. Hyde, will De fixed where 1t properly belongs.
 'fThe bulk of the subject matter of the inquiry, So far as it concerns the Equitable society, relates to practices and conditions that ante-dated by many years his active connection with the society, of which he has no knoWl- edge, and which seem to have been continued under the administration with which he subsequently, became ! identified.
 MT. Hyde instructs me to say that he is willing to assist the inquiry by l voluntarily appearing as a witness and in any other way that may be found desirable, provided his rights and those of his fathers estate can be reasonably safeguarded.
 Tt is hardly necessary to remind you that this inquiry is not being conducted subject to any rules or law; that the witnesses are without protection or representation, except such as may be accorded them by counsel for the con- mittee
 ''Civil suits have been begun and are l now pending by the attorney y-general
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