New-York tribune., 1906-01-23
KILBURN ASKS INQUIRY
MOVES IN LEGISLATURE.
Resolutions for Insurance, Bank and
Controllers Office Investigation.
CBy Telegraph 20 The Tribune ]


duced in the Senate and Assembly. calling for q
legislative investigation Of the state Insurance.
and Banking departments.
Superintendent Kuburn and Governor Higgins
had a conference in the morning. and the
quest to the Speaker followed
The Tribune on Saturday said that Superin-
tendent Kilburn perfectly willing TO have
an investigation. The letter was as follows:
In view OF current suggestions that Iegisla-
tive investigation OF the affairs OF the Banking
department should be had, desire to state
tnat shall. II the legislature sees ht TO insti-
IGte sucn investigation. welcome the same and
give tne legislature all possible assistance.
After the letter had been read IN the Assem-
bly, Assemblyman Moreland moved that II be
referred to the Committee on Banks for con-
sideration. and called for a report on or before
next Monday night.
Assemblyman Palmer. the minority leader, In
troduced the resolution for one investigation IN
the Assembly, with the declaration that Cow
ernor Higgins had tried to interfere with the
legislatures privileges in saying that Il had not
power TO take up Investigations OF the State de-
partments when Senator he voted for such
a general investigation. The resolution called
for the appointment Of a joint COMMITTEES TO in
vestigate the State Insurance Department. At
the same time Senator Marks introduced a con-
current resolution demanding an Investigation
OF the Insurance Department. Banking Depart
ment and the Corporation Tax Bureau OF the
State Controllers Office.
An investigation OF the Railroad Commission
IS the next IN line. and probably within day
or two resolution calling for Il Will be intro
duced.
READS LIST OF VOTES
Mr.. Palmer. in taking the Governor 70 task
for HIS change OF attitude on the subject OF IN
vestigations. read the list OF votes IN favor OF
q frfr bv-
1898 Mr. Palmer's resolution was modelled
after that OF Senator NIullin, for which Senator
Higgins, Senator Pound. now the Governors
counsel, and Senators Hendricks and EilbUrn
voted. His resolution was as follows.
Resolved Qf the Senate concur). That a joint
COMMITTEES be appointed, TO consist OF four Sem
etOrs and seven Assembiyrnen, 10 be appointed
by the Lieutenant Governor and Speaker OF the
Assembly, respectively, 10 investigate the state
Insurance Department and to recommend such
changes IN the laws may be necessary to re-
store that department 20 full efficiency and
repUte
Resolved. That said committee have full power
and authority to send for books. persons and
papers, TO call and subpoena witnesses through
the chairman Of the joint committee TO employ
stenOgraphers and such clerical force as in the
opinion OF the committee may be necessary for
the performances OF its duties, and to report, By
bill or otherwise. either a final report OF fer
further directions. on or before the first day
OF March, 1906, and the committee is also fur
ther authorized and empowered 20 make such
subcommittee as may be necessary
Mr.. PALMER's REMARKS.
"T desire to speak to a question u personal
privilege" said Mr.. Palmer. IN introducing the
resolution. He went on:
Without precedent in the history OF our state.
both the executive and his legal adviser have
assumed 20 control the action OF the legislature
by giving the public opinions offered solely for
the purpose Of directing the action OF the legis-
lature upon questions Of Importance TO the
people. which are exclusively within the province
OT la@ fE q zen
which cannot be successfully contradicted the
executive of the State has interfered with the
should be- in violation Of the spirit and letter or
the legislation. we OF the minority in the As
sembly purpose to act in this body independent
or executive interference. believing as We 90
that 10 be our constitutional right
The Governor and his legal adviser have seen
Mt 10 Issue statements and opinions 70 the e.
feet that the legislature cannot undertake GER
tain Investigations OF State departments OF a
character demanded by the people. Why these
statements should be made We and the peopIe
do not understand. No resolutions had been Of
fered. so that Certainly their character co11I1
not be understood As witnesses to prove that
these statements and opinions made and deliv-
cred by the executive and his legal adviser are
neither legally nor morally sound. We call Frank
W. Higgins and CUthbert W. Pound 10 show
that each OF these persons, while acting as SEN
ators Of the State Of New York. az the time pre-
suHed 70 know their duty as such representa-
tfves. by their votes supported resolutions OF
precisely the sort which they now claim the
legislature has no power % pass. Their acts
then and their public expressions now are dia-
metriCaly opposed If right now they were both
wrong as State Senators II right then they are
both wrong now. The members Of the said foint
committee from the Senate were Messrs NuIin.
Higgins. Knburn and Parker
Page 1885 OF the Senate Journal. OF 1895. says:
Mr.. Higgins. from the Joint COMMITTEES to tn
vestigate State offices. bureaus. commissions.
departments and institutions. presented a report
from the subcommittee to investigate the Board
OF Port Wardeus OF the city of New-TOrk and
the Department OF Superintendent OF Public
Buildings. Albany. which was laid upon the
table and ordered prtVted'
Mr. Higgins IS the present Governor. Mr..
Pound is the present Governors law adviser
and Mr.. Kuburn IS the present Superintendent
cola bOrated In preparing the remarkable legal
opinion lately given out from the Executive
Chamber in attempted denial or limitation OF
the legislatures power 20 order Investigations.
MARKS RESOLUTION MORE SWEEPING.
In the Senate the Marks resolution was a
much more sweeping one It declared that
grave abuses have been disclosed IN the con-
duct and administration OF the affairs OF sew
eraI corporations doing business under the
OF the Superintendent OF the Insur-
ance Department" which. he had testified
from time TO time by himself and his subordi-
mates"
A widespread feeling throughout the state
that the said Superintendent OF Insurance had
failed 70 discharge his fuu responsibility was
prevalent, Il said. Complaints OF inef1ciency
and remissness have been made against the
banking department" the resolution went on.
and charges had been made against one OF tho
bureaus in the State Contrslers Office. in which
Il said that the state had been Improperly
deprived OF large amounts belonging To IT, Also
IL was charged that State officials with the duty
OF fixing the amount OF assessments OF fran