New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-06
HAS FAITH TN MERRILL.
GOVERNOR BACKS HIN.
Says White Has Piqued at Inability
to York Pail.
IBy Telegraph to The tribune

Albany Jan. 5.-Governor Higgins tonight
expressed his mistaken confidence in John j.
Merrill, chief clerk in the corporation tax bu-
reau Of the State Controllers Office, against
whom charges Of neglect and ineffciency have
been fled by Frank White, a lawyer Of this
city. Although Controller Kelsey has referred
the charges to Attorney General Mayer for an
investigation. the Governor said that such &C
ton was hardly necessary. He declared plainly
his belief that Mr. White in making the charges
was actuated by pioue at his inability TO work
pull with the department.
Mr.. White reiterated to-day his charges tell
ing Of his belief that Mr.. Merrill was throwing
favors TO his friends by which the State was
being robbed OF thousands Of dollars. He re-
piled to Governor Higgins, practically admitting
that he had a grievance, but attributing it to
desire to do away with palpable wrong. The
Official view of Nj Whites charges is that they
are the result Of an attorneys jealousy at the
good fortune OF other lawyers. Controller KEEL
sey is absolutely an honest man, his fellows il
the administration say. and nothing in his de-
partment could be SO radically wrong as Mr.
White charges without his knowledge they de-
clare
Some politicians here say that a thorough in
vestigation OF the subject of franchise taxes
might disclose conditions as bad those
brought forth By the Armstrong insurance in
vestigation committee Governor Higgins this
evening, when asked about Mr. Merrill said
thar a few years ago he had given his indorse-
nlent to Mr.. Merrill when he was appointed to
his present place Nothing had been shown, he
said. which had shaken his confidence in Mr.
Merrill or would make him hesitate TO tndorse
him again if necessary.
HAS CONFIDENCE IN MR. KELSEY.
'I always have faith in a man. said
the Governor, until it is proved to that
my faith is misplaced. I have entire faith in
Mr.. Merrill and if there has been any improper
actions there the evils will be corrected. am
very confident that Mr. Kelsey can handle the
situation adequately.
Mr.. White came to me some time ago and
said he thought he was not getting proper
treatment He practically made Informal
charges. spoke TO Controller kelsey, who said
Mr.. White had also called on him. l then wrote
10 Mr.. White, telling him that he with any
reputable lawyer might have access TO any rec
ords not of a confidential nature He did not
seem satisfied and said that he would file formal
charges.
Mr.. Kelsey Informed me that any charges
would be thoroughly Investigated He said he
had asked Mr.. White to file his complaint so
that It could be made the basis of an investi-
cation became convinced from ny talk with
Mr.. White that he would not have made the
pull with the department"
DO you mean by that. Governor, that IL his
own affairs had been handled TO his sstisfac-
ton he would not have fled his charges q
Yes, that was my impression
Controller Kelsey himself will conduct a thor
ough investigation. he says. although he has full
confidence in Mr.. Merrill. Mr. Merrill himself
said that he was preparing an answer 10 the
charges which. in so far as they purported to
allegations as to wrongdoing, absolutely. Mr..
White tonight said. in reply to Governor Hig-
gins:
Governor Higgins had no right 10 entertain
that idea, because I stated very distinctly to
the Governor that the reason of my activities N
this matter was because MerrilIs friends and
favorites had approached my clients IN New
York City as well as the clients of other lawyers,
seeking TO obtain business from them upon the
claim that they had pull IN the ONCE OF the
State Controller. and / stated to Governor Hig-
gins with all the clearness of expression at my
command. that l had no complaint 70 make
even when these confederates Of Merrill ap-
preached my clients with that proposition. I did
complain when they made good the claim that
they had pull IN the Office Of the State Con-
troller, IN regard to his statement that have
grievance, ] would say that it seldom happens
that there is any disclosure Of fragrant wrong
doing in any of the activities Of human life put
what the disclosure is brought about by some
person who has Just reason
WHITE REITERATEs CHARGES
He also issued long statement relterating his
charges, which. in part. as follows
At times Merrill has referred questions to the
Attorney General, but more often has exercised
his own individual discretion upon tax matters
of the grayest Importance. one or the most
eminent tax experts III the country has informed
me that after q rehearing in one Of his tax
cases Merrill held up the matter for seven years.
In q rehearing in which ] acted as counsel Tor
a prominent law firm Of New-York City, Merrill
held IIp the determination for almost year.
Last September 1 was Informed, by man who
claimed that he came to me as a representative
Of Charles E Kinaer, that Merrill had q few
weeks previously actually submitted his resig-
nation to Controller Kelsey, after ne had learned
that I had been TO Mr., Kelsey and made oral
charges against him
to resign Mr.. Kelsey would be the best source Of
information Il is Of the utmost Importance
that Merrill should be compelled to report to
the Attorney General the Tevisons reductions
and credits Of corporation taxes granted by him
from May, 1879, to May. 1905. If he complies
with the statute and makes report of such re-
visions, reductions and credits granted during
that period 1t VIII reveal condition Of affairs
more startling than anything contained in my
charges fled with the Controller
Mr.. Merrill said to-day for himself:
At all times have courted the fullest invests
cation at the hands Of State Controller Kelsey
and I deny absolutely every specific charge
which White has made. In view of the fact that
the Attorney General for action, ! do not care
to make any further statement at this time.
Attorney General Mayer when seen ii this city
last night said:
The charges against Chief Clerk Merrill Of the
have been referred TO me for investigation by Con-
troller Kelsey The public interest requires an i'm
mediate thorough and public examination Of these
DubIie jnoIIIrv al he Attorney GieIerT.s - 4 4oo
bSgin IL 1ry-q at 7-4nc