New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-10-05
MAY TRY TO INDICT HYDE.
THE Committees PLANS.
Entradition Possible to Enforce
attendance as a Witness.

The legislative insurance committee may ask
the grand jury to indict James Hazen Hyoe
and issue an extraditon warrant for MN III
connection with recent Equitable disclosures II
he persists in refusing to enter the State ana
to testify before the committee voluntarily and
without conditions
This was the information which reached The
Tribune yesterday and caused a sensation In
insurance circles last night.
That otherwise Mr.. Hyde will exile himself
from York State and place himself in a
position analogous to that occupied by Reginald
c. Vanderbilt in the Garfield case. if he per
ssts In his offer to testify before the legisla-
tive insurance committee only on conditions
which are banned was the tenor Of opinions
gathered by a Tribune reporter earlier in the
day The Trfbune's informants pointed out that
the legislature is q continuous body, and that
If Mr. Hyde persists in the attitude indicated
by Samuel Untermyer, his counsel. it VIII not ne
sufficient for him to remain out of this state
until the present legislative committee shan
have adjourned. but that whenever discovered
in this State the legislature can subpoena him
to appear before it this year. next year or Tor
that matter any year
Mr.. Untermyers statement to Mr.. Hughes
holds that the Assembly has no power to direct
an investigation TO be held after its adjourn
ment for the purpose OF reporting 10 d lu1"i0
legislature not yet elected. In view of the TACT
that the legislature is fully empowered to pass
anv measure resolution etc. provided only II
does not violate the federal or State consttu-
ton. Mr. ITntermyer's statement is construed as
a virtual declaration that the resolution author-
ling the investigation is unconstitutional. An
other weak point in Mr.. Untermyer's arnor' 1t
is argued is the same fact that the legislature
is a continuous body, however much It's mol
vidual units may change
The situation with regard to Mr.. HYDE Is
this: While Mr. Hyde remains absent from TINS
State the committee cannot serve him Win
legislative subpoena. Mr. Hyde, however. e&-
presses himself as willing to appear before tre
committee provided that % He to have the
privilege of counsel at any hearing and "
That his examination shall exclude the SUBJECT
matter OF all suits pending against him. AS 10
the first proviso it is pointed out that 1t would
violate all precedents, and, as itself creating
precedent for other witnesses in the same posi-
ton. would needlessly hamper and prolong the
examination Moreover. from Mr.. Hyde's own
point of view, any damaging testimony adduced'
with the benefit OF counsel to advise, would nave
a far darker aspect than testimony ELECTED
without the discrimination.
AS to the second provlSO. only thoSe VINO nay
followed the course of insurance suits IN the
last few months can appreciate how small d
ground for testimony would remain If the SUD
iect matter of all pending suits against MI
HYDE were to be eliminated
According to yesterdays indications tne coii-
nittee purposes that Mr.. Hyde shall TESTIFY soon
and without conditions. believes that he Will 90
so reiterates it's belief that Mr.. Untern1yeTS
contention is without merit ana refuses 70 oe
lieve that it is designed for serious considera-