New-York tribune., 1906-01-23
A TRAP, SAYS GOVERNOR
COULD NAME POLITICIANS
Departments Investigation Scheme
Meant to Sidetrack Insurance.
[Ry Telegraph 70 The Tribune

distract the public attention from the !nsur-
ance legislation. That this scheme might not
succeed in affecting the important insurance is
sue, he went on, he had taken the attitude that
a general investigation was not advisable now
He had not receded from that attitude IN the
least, he said
TT came to my knowledge more than a week
ago now" said the Governor. that there were
certain interests at work trying TO get the pub
lie mind off the insurance investigation. and at
work on other lines. They also hoped to get
the legislative mind diverted.
My opinion that it is the first duty OF
this legislature to correct the insurance evils.
and nothing should be permitted 10 distract
their attention until that duty had been per-
formed. With a general investigation on. and
general subjects being considered, you can un-
derstand that the legislature would not be IN
good condition to take up that which think Is
the most important subject That's a frank
statement Of the reasons which caused me TO
make statement.
Yes. these interests were political I could
give names II wanted to. but won't" replied
the Governor to a question.
This statement followed one made earlier in
the day in which In reply to criticisms OF his
attitude toward a legislative investigation OF
the State departments. as indicated by the re-
cent statement OF his counsel, the Governor
made it plain that he was trying TO protect no
official and had no intention OF heading of any
legitimate probe
ATTITUDE MADE CLEAR
Immediately on his return yesterday the Gov
ernor got into touch with the sentiment which
has been prevalent here since his cOUnseIs state
ment. that it would not be the best thing for the
party If the apparently wide demand for In
quiry into the methods OF the Banking Depart
ment, the Corporation Tax Bureau. and posi-
bly, the State Railroad Commission, should be
checked II was the assumption that he was
not in sympathy with the desire for investiga-
ton because of political reasons which prompted
him to make clear his attitude to-day.
Governor Higgins said:
Upon my return to the Executive Chamber,
after an absence OF nearly a week, am greatly
surprised 10 learn that Mr.. Pounds statement
OF the law governing legislative Investigations
has been misCOnstrued, both as to his opinion
the law and his purpose in making it public.
I know OF no department Of the state govern
ment which fears an investigation, executive
judicial or legislative
Mr. Pounds statement was prepared for my
information to the law. All lawyers and
legislators of experience agree as to the correct
ness Of the rule stated by Mr.. Pound that legis-
lative Investigations must be Tor legislative
purposes only. In view OF the demands for
general legislative Investigations or an lnqulsl-
torial nature. I concluded that the publication
There can be no question and Mr.. Pound
raised none. as to the power OF the legislature
TO determine for itself what Investigations are
properly legislative In their nature There can
be no question, and none is raised, that resolu-
tions for legislative Investigations must indicate
some legislative purpose.
We have a question Of policy beyond the
question Of law, on which 1 have heretofore
neither made nor authorized any statement OF
my position I have no desire or intention 10
protect any public officer or employe from a
legislative investigation, or 10 interfere IN any
way with the exercise Of legislative discretion
The necessity or prOpriety OF a legislative m
vestigatiOn would properly be determined py
the legislature itself, after consideration or the
alleged sbusa the pOssfble remedy, its
regular functions and the powers OF the co-or-
dnate branches OF government. We cannot TOO
frequently be reminded that the safety OF our
free institutions depends largely on the fact
that the legislature may never exercise the exec
utive or judicial powers, the executive may
never exercise the legislative or judicial powers.
and the judicial may never exercise the leglsla-
tive or executive powers. and that the law OF the
land hears before II condemns ana renders JuoS-
ment only after trial.
LEGISLATION FOR LEGISLATURE.
When he was asked If he knew Of any imme-
diate prospect OF the introduction OF resolutions
calling for a general investigation, the Gov
ernor said:
'.I am letting the legislature attend TO all leg
islation."
The reports which in various forms have de-
clared that he and President Roosevelt were
acting together from political motives TO control
the legislature and the State politics we're called
to the Governors attention. in connection with
a statement he made in Milwaukee
Are you and President Roosevelt acting in
accord in regard to the political situation in this
State?' he was asked.
Few communications have passed between
the President and myself on the subject Of New
York state politics." was the reply. so far as
any action which heretofore has taken place is
concerned, we have seemed 10 be in perfect ac-
cord have no hesitancy in saying that I am
a great admirer Of President Roosevelt
Il believe that my party's interests lie in the
best possible government which can be given 70
the people by a Republican administration"
went on Governor Higgins, in answer TO a ques-
ton as TO his personal attitude at the present
,uncture. with a good government the party's I
interests necessarily and naturally must be
broadened and increased"
The Governor did not care TO pursue the sub
iect further. Asked If he expected that the /
present agitation and its accompanying condi- /
tons had "broadened and increased" the party's /.
interests, he said:
The people are the jury. They must /
swer"
The Governor. speaking about Senator Depew. /
said he felt that much injustice had been done I
the Senator. He would not discuss the sit
lation as to new State chairman. Asked .
a bout various men named as possible candidates .
TO succeed Ex-Governor Odel, among them Tim .
,thv L Woodruff and James : Whipple. State
Forest Fish and Game Commissioner. he said:
"On matters strictly political l am not an au>
thority"
Speaker Wadsworth announced to-day that .
while he did not favor a blanket resolution
ealing for a general investigation OF all the de-
ne not opposed 10 any investiga-
ton Of a specific department
II do not believe In this for a legislative .
,,.,ott.,atioc ~ avary State daDartUeut and