New-York tribune., 1906-04-17
PERJURY BILL PASSED
BITTER SENATE DEBATE.
Grady, ELsberg and MaIby Lead
OppOsitiOn-Vote .2S to 16.
[Rv Telerraph 10 The .TrIbune. J

by Telegraph The Tribune
Albany April 16.-After a bitter debate last
ing several hours, the perjury" bill introduced
by the insurance investigation committee was
passed by the Senate tonight The vote was
2S to l6. Most of the Republican members kept
in line for the measure but several opposed II
bitterly and others Joined with the Democrats
who followed Senator Grady's example in voting
against it,
Opposition to the bill was headed by Senators
Grady Elsberg and Malby. They all TOOK the
ground that the measure broke down the present
legal safeguards built for centuries around
mans rights They declared that it was not. in
its present form. a bill resulting from the in
surance disclosures, but very dangerous gen
eral bill. Blackmail cases by the thousand would
grow from 1t If it became law, Senator Grady
declared.
Senator Esberg denounced it as vicious blll
destroying all legal restraints. and accomplish
ing nothing proper which could not be done
under the present laws. 1t would be so sweep
ing, he said, that no lawyer could enter plead
ing in and then amend it with safety to
himself
Senator Armstrong maintained that the meas
ure did not alter the present law to perjury
in the least 1t merely changed the law regard
ing the admission OF evidence to permit court
10 hold that if the two contradictory state
,,,ants Of material facts were sworn to- one must
be false and the introduction of one should be
held as evidence OF falsity Of the one on which
a periury Indictment was found. While many
oy the LAWYERS in the body agreed with him,
others declared his views were biased. Sharp
charges that he was cracking the party whip
were made by Senator Grady. Senator Malby'
in an inapassioned speech at the end of the de-
hate resented the 'innuendoes'' of the news
papers and the public clamor" as dangerous
and destructive 10 calm action.
The vote against the bill was as follows:
Aids Cassidy. Fitzgerald, Foley, Frawley,
Gates Grady Hasenfug, Kehoe, L'Hommedleu,
Malby, Marks. Martin McCarren' quinn ana
Riordan.
Senators Bracket, Elsberg, GoodseI' haWAlhs'
Prime and Smith did not vote
GRADY REIrERATEs ARGUMENTS.
Senator Grady reiterated all his arguments
that the bill was beating down the laws present
protection to every man, even the criminal untl
proved criminal. He declared that the most
immateriaI statement contradictory TO one used
as the basis for an indictment for perjury under
this bill would be made material evidence toward
conviction. He said:
This bill is not the result of any evidence takes
before the special committee. 1t is the arol-
trary adoption Of the fad OF some man who at
some time failed In prosecution for perjury
No measure the blackmail which will
proceed from 1t. Do you think having been in
dicJed for perjury does no harm to an entirely
innocent man? have no apology for my oppo-
sition this bill, and as long as am member
Of this body I shall oppose such dangerous legis-
lation
Senator Armstrong retorted that the bill as
amended demanded that the contradictory"
statement must be written and sworn 10, He
added
Now, would a statement signed and sworn TO
be careless Indifferent, thoughtess statement?
wants il TO be believed that this bill makes con-
Trajectory statements presumptive evidence of
perjury. Not at all; only presumptive evi-
dence Of the falsity Of the statement in ques-
ton
These bills are just as germane to the insur-
ance investigation as the anti-lobbying
bill and the campaign contribution bill which
passed last week. We know the prevalence
Of perjury, one of the most common Of crimes.
II viii make a wholesome condition in this state
If this bill clears out Of every court this most
foul crime. witnessed every day and least often
pnished We're leading the world in insurance
legislation and let's lead the world in abolish
ing this foul crime.
Senator Grady shouted:
This bill will never hit corporations It will
never hit their officers, and I'm speaking for
me ordinary man who can't get the CORPORA
tions' legal advice Why prosecutions by the
hundred would be lodged against the individual
to one against the corporation official. Black
mail cases by the thousand would result from
this bill. It's fad, monstrous, outrageous
fad no more to do with the insurance investi-
cation than my hat. II there's an element in
this community least concerned about this
measure it's the insurance officers.
Senators Marks Smith, Malby and Elsberg
spoke against the bill. denouncing It on purely
legal grounds. Senator Elsberg and Senator
Grady united in declaring that 1t should be
amended TO make II apply to Officials of cor
porations making sworn reports to state de-
partnents" Senator Armstrong maintained
that the three counsel Of the investigating COM
mittee, Messrs. Hughes, McKeen and Fleming
and the members of the committee unani-
nous for the measure over this a dispute arose
between him and Senator Grady who declared
that Mr.. Fleming was so little known that one
hardly knew If his first name was Mike,
Matthew or Mark" and therefore hardly could
he a lawyer whose opinion would weigh heavily.
Senator Armstrong declared that Mr. Fleming
was one of the most valued aids to the COM
mittee's work.
Senator Malby. in explaining his vote, de-
nounced newspaper ''innuendoes" "assassins
Of character" and declared that It was danger
Gus for a man who valued his reputation TO
vote against the insurance bills"