New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-10
WHITE DROPS CHARGES.
OBJECTS TO PROCEDURE.
Laspyer Refuses to Help attorney
General an Td.r Bureau Case.

Albany, jan. CSpeciai)-Declar1ng that the
hearing begin by Attorney General Mayer at the
request of Controller Kelsey on the charges Of
Incompetence and neglect preferred against
John ]. Merrill chief clerk IN the Corporation
Tax Bureau. was practically farce. Frank
White who made the charges. withdrew them
this afternoon Through his lawyers. James
W. Osborne. OF New-York, and Thomas F.
Pagan. Of Troy, he submitted a memorandum
TO the Attorney General saying that the latter
had no official power to subpoena witnesses or
swear them and that the Controller had no
power to conduct any examination save one
which would satisfy his individual conscience
The Attorney General continued the investi-
cation after the withdrawal Of Mr.. White and
his attorneys examining representatives Of
corporations mentioned in the charges. All
the corporations mentioned were represented
by counsel and the attorneys whom Mr.. White
specified as receiving special privileges We're
aiso present
TESTIMONY a DENIAL
The testimony taken was, in effect. denial
by the representatives OF the corporations ex-
erained that their companies had received or
enjoyed any special privileges or advantages IN
dealing with the Corporation Tax Bureau. Of
which Mr.. Merrill is chief.
Each witness asked by the Attorney
General as 10 whether there had ever been any
Mr. Merrill. and in each instance the reply was
1het there had not been
The only adequate way to conduct public
investigation with assured results would be
through a legislative committee, Mr. White and
his lawyers asserted. The Attorney General was
acting merely as an individual they said. and
iaIr White could not give him such aid as
hKouId justify his appearance" in the hearings
COMMENT ON WITHDRAWAL
! The withdrawal created much comment. which
took two distinct lines. Mr.. White and his
friends took the attitude that the charges were
being ''raiIroaded" The hearing. without
shadow Of authority, was merely an official
means of vtndicating Mr.. Merrill Republican
aficeholder, they said On the other hand
friends of the Attorney General said that
whites ''hluff'' had been called
He brought these charges through Jealousy
said one expecting that they would be shelYed,
sor that some official would promise the reguia-
ton investigation from which nothing would
ever be heard. Kelsey. an honest man. ilnn1e-
aiately turned the charges over to the Attorney
General who holds a public hearing. Whlte
FLUFF was called and he didn't dare show ne
univ had a four flush He ducked and got out
OF the case.
All that Attorney General Mayer would say
.vas at want TO conduct the inquiry so that II
ghau speak for itself
y5ybnn the hearing was begun this noon. there
were present the lawyers named by MI Whlte
as having particular influence with the TAX Bu-
reau. Charles E Kilmer and Edward n. Pm
dar, and many other representatives OF corpora
.ions. among them Atterbury and BeekInan'
Alexander and Cohn, ex-Judge Griffith and J. .,
Parker for the American Tobacco company
lewis f Carr represented Mr.. Merrill, who en-
tered a formal denial of the charges IN every
particular. The controversy began Immediately
when the Attorney General announced MS
method of procedure, Mr.. Pagan, for MI White,
asserting that his client had had. no formal
notice of the hearing and had had mo opportu-
nifty to confer with his counsel over the pro-
cedure After a sharp alteration with the At
torney General, adjournment was obtained
and later was extended for an hour
DENY ATTORNEY GENERALS POWER.
Messrs. White and Pagan returned after the
recess and read a formal memorandum ad-
dressed to the Attorney General. which, altar
declaring that he had not the necessary powers
In the case, said:
The charges in question preferred by the
complainant against an enploye and clerk N
the Controllers department They concern mis-
conduct IN the Controllers department and call
for al investigation. Two methods OF procedure
were open to the Controller.
First-He might investigate these charges with
the evidence in his office and department and
come TO a conclusion which might satisfy his
conscience and which he could carry into effect
But q general investigation such as is conten-
plated by the Attorney General is beyond the
power even of the Controller
Second-There was another method OF pro-
cedure open TO the Controller # he wished and
desired a thorough and effective investigation of
these charges 10 satisfy the general public.
and such an investigation is a legislative in
vestigetion conducted by a committee OF the leg
islature with full authority to act in the prem
Uses. II he wished for such investigation the
legislature undoubtedly would have responded
IN n AZ wis Is IN IN
The Controller does not see fit 10 exercise such
ton by a legislative committee. but without au-
thority Of law shifts the responsibility upon the
Attorney General, who has power or author
aty to undertake such investigation.
Under these charges the important witnesses
are the officers and agents of the corporations
whose reports are fled in the Controllers office
cations for the reduction and revision of taxes
and e examination OF those witnesses
would give the information required for the de-
termination herein.
In reply, the Attorney General again asserted
his intention Of conducting investigation in
the fairest possible manner. with evesy regard
for the complainant and defendant.
'T am sorry that Mr.. White does not feel. as
a citizen that he can aid the State in this mat
ter" said he. Nevertheless, we win have to
go on with the inquiry without his aid"