The Montgomery advertiser., 1905-10-04
.UNTERMEYER
 RAISES POINT Declares Examination of } Hyde Illegal. LETTER TO C. B. HUGHES Committee Has No Power -
 Jurisdiction. was orsa7t,.a sy As'ssr.ss Lssssas- ture te Repsrt te Bsay nst yet or-
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LETTER TO C. B, HUGHES

New York. Oct 3.--.Samuel UntGE~ meyer, counsel for James H. Hyde. tor day rave out for publication . left1e addressed by him today to Charles '. Hughes. of the insurance investigating committee In which he says that he has the committee is without power or ju- risdiction to make tfse investigation tn which 1t is engaged.
 My opinion. says Mir. untermeyers ifs based on the ppoposition that the assembly at feast has no power to di- rect an investigation CD to be held af- ter it's adjournment and tz) for the express purpose of reporting to fu- ture Legislature not yet selected and which can have no existence until 1906. The question has never been before the courts so far as can learn. If the precedent contended for can bc estAb- lished. 1t will point the way to dam gerous invasion of private rightss
 Continuing Mir Untermeyer says that Mir. Hyde has already been examined at great length in a secret proceedirx by a hostile superintendent of insu- rance. the main purpose and effect of which seems to have been ta misrepre- sent and exaggerate his connection with the transactions under investi8a- tion and shield others on whom the re- sponsibility rested
 | refused the right to the presence of counsaI at the hearing although the superintendent had counsel to conduct the star chamber proceedinKs. "As the result of this performances and of statements made before your committee which have not been sub- jected to the tests of cross examination Mir. Hyde has been grossly misrepre- scented and injured in tho public esteem for his supposed connection with tram sections for which he Is not respousi- bIe-except for having older and more experienced mon. He is not willing to repeat that experience in another form before your committee.
 If. however. Mir. Hyde may have the benefit of counsel at the hearing and on your asurance that his examination will not include the subject matter of the pending suits he will appear for ex& animation at any time next week that may be fixed by you"
 Not Impressed by untermyer.
 Charles F. Hughes gave out the fol- lowing statement tonight:
 T received Mir. Untermyer's letter this evening and have conferred with Mir. McKeen. We concur in the foi-
 80 far as MT. Hyde,s conditional offer to appear as a witness is con- cerned, 1t would not be proper for us to comment upon 1t in advance Of the decison of the committee. We will say this: That if Mir. Hyde ap- pears before the committee without conditions he wil be treated courteous ly, fairly and according to his rights MT Untermyer's claim that the conn mittee Is without power to conduct this investigation we believe to be without merit and we shall so advise the committee. MT. Untermyer cites no authority for his contention and we are not impressed with his reasoning
 Legislatures by concurrent reso- lutions of both houses have authorized joint committees to summon witnesses and to take testimony after adjourn ment and to report to the next ses- sion. This course has been approved by the courts.