The sun., 1909-12-30
HEAVEN, SMITH AND EAGLE
AND MAYBE MCCLELLAN. kNOW
WHAT NAGLE DOES.
No Business Of the Commissioner
Of Accounts. Justice Newburgfr
ssys-Chafter Docs Not Prescribe
the Duties OF q Private Secretary.

commissioners
Of Accounts. Justice NewbnFgtr
seys-Charter Docs Not Prescribe
the Duties OF n Private Secretary.
knowledge OF what John z. Maggie,
Peroy's brother. does to earn his salary
OF 81 500 a year as private secretary to
Park Commissioner Henry Smith will
remain In the exclusive possession OF
the Deity. Mr.. Smith and Mr.. Maggie under
a ruling OF Supreme Court Justice New
burger yesterday. He denied the appli-
cation Of Commissioner Of Accounts
Mitchell for an order to commit both Com
missioner Smith and his secretary to jail
for refusing to answer questions bearing
on that point.
ment Commissioner Mitchell learned from
one witness that God only knows what
Nagle does. except that he always turned
up on pay day for his check. Commis-
sioner Mitchell then asked Magic. and got
no satisfactory replies Nagle said his
duties and even his days OF absence, sad
and dreary. were confidential.
Commissioner Smith was then called.
and would say nothing much except that
Nagle did some clerical duties OF a con-
fidential nature. which are such that
would not want. for the good OF my depart
ment. to name them unless compelled to-
The Commissioner OF Accounts then got
orders requiring both Commissioner Smith
and N agle to show cause why they should
not be punished for contempt.
When the case came before Justice
Newburger yesterday afternoon Park
Commissioner Smith appeared to argue
his own cnse and Assistant Corporation
Counsel Nicholson represented the Com
missioner OF Accounts. Mr.. Nicholson
said that the case was OF importance
because an investigation OF almost any
city department could be hampered by
the refusal OF city employees to answer
on the ground that they did confidential
work. Justice Newburger asked il there
was any mention made in the city Charter
OF the duties devolving ON the private
secretary to the Park Commissioner. and
Mr., Nicholson said that there wasn't.
Commissioner Smith said that he had
the highest repect for the courts and
would do whatever the court directed,
but didn't feel that the law required him
20 give any information about what
Maggie does except TO his chief. tho Mayor.
IL the Mayor asked about il. Commits
sioner Smith said that the Police Com
missioner might he summoned to say
what one of his detectives was doing
II man who had been shadowed for
some days complained that the man
following him wasn't earning his pay.
-Since l have been Park Commits
sioner have given the city the best that
was in me-" said Commissioner Smith
Il would feel remiss in my duty IL j dis
closed the character OF work performed.
which was solely in the interest Of the
city. Now the court Is asked TO lock
me up for refusing TO divulge It,.
The Assistant Corporation Counsel
said that the motion to punish would
fall IL the witnesses would agree then
to answer the questions put TO them.
we won't answer them.' said Com
missioner Smith.
Justice Newburger then turned 20 the
Assistant Corporation Counsel and said:
Charter does not define the duties Of
the secretary to the Park Commissioner.
j must conclude that they are Of a oon-
fdential nature. and l know of no law
that can compel the Park Conmissioner
to state them. The case would be differ
ent II the city had refused to pay Nagle
his salary. and on his suing to recover
it, got an order requiring him to testify
what his duties were. 4 must dismiss
this proceeding"
Justice Newburger told Commissioner
Smith he could go, and then took up the
case against Maggie. The CORPORATE on
Counsel said that the questions put to
the two witnesses were about Identical.
and the Court then ruled that his de-
cision concerning Commissioner Smith
would also hold in the Nagle case.
Commissioner OF Accounts Mitchell
said after he learned Of the decision
that he would appeal at once because
Of the importance OF the ruling in future
cases.
-If it be the law that a witness such
as Mr.. Nagle was may refuse to answer
on the ground that his work In Of con-
fidentiai nature, that fact will emas-
<tslata this offSo.