New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-23
Mr.. CIRCUITS ULT|NATuM
Must Have Advance information
Before He viii Testify.
CALLS SUBPOENA ILLEGAL
Van Tuyl Says He Will Start Con
tempt Action if Necessary in
Bank Inquiry.

Ex-Cortroller Edward NJ Grout an
nounced yesterday that he had determined
under certain circumstances to ignore the
subpoena which was served upon him on
Monday. directing him to appear AZ the
continuation Of the Union Bank inquiry In
the county court house I'm Brooklyn to-day.
IN letter to F. l.. Dodge. tho Deputy Su-
perintendent OF Banks he denied tho legal
right Of tho investigators 10 summon him.
saving that he was willing TO testify as a
voluntary witness II informed in advance
as TO which Of the transactions Of the bank
information was desired
Mr.. CIRCUITS letter while not reaching Mr.
Dodge Yesterday. appeared IN the evening
papers. Mr. Dodge said that no attempt
would he made 70 meet AIr. Grouts atti-
tude until he had actually allied TO obey
the subpoena There was conference be-
tween District Attorney John T.. Clarke
Mr.. Dodge and ex-PolIcc Commissioned
James g. Cropscy regarding the bank in
vestigation yesterday, and IL is supposed
that Mr. CIRCUITS attitude was discussed.
Assemblyman Louis Goldstein returned
from Albany in the evening. He said tina
he had met with no hitch in his investiga
ton. and that everything would continue Al
scheduled
Mr.. Grout's letter follows:
Aug %. 1911
Mr r. L. Dodge, Deputy superintendent OF
Banks.
Sir: / have a subpoena requiring mo q
appear before the superintendent Of Banks
on the 2'd day of August. AZ lO a. m.
As / did last week In answer 10 your IN
curry as 10 whether ! wished 10 appear,
inf Hf
what are the matters about which NOt
wish my testimony. During the period oil
my connection with the I Mon Bank, Whlci
was from year and half 10 three Year.
past, there were thousands Of transactions
involving In every instance dates. amount
and names as well as facts. II rs no
within the power Of the human mind 4
carry all such matters at instant command
] desire 10 know as TO which OF these
transactions my testimony is required, 50
that 7 may. by necessary inquiry and re-
search and by access 20 the books and rec
oTds Of the bank. refresh my memory ant
know assuredly whereof J speak. l. there
fore. regard my request as very reason
able one the compliance with which cal
only facilitate a fair investigation.
As 7 have already stated I'm public. ] an
advised that your proceeding. as conducted
is without warrant in law, and that there
fore. the appearance Of any one before YOU
whether on subpoena or otherwise, rs purely
voluntary.
been enormously stated I'm many ~ the
newspapers. or 10 give any Information ir
my power 10 give. nor have 7 any intention
OF go doing. but ] do decline. and unless
inc courts hold that YOU have legally tho
power that YOU are asserting. shall con
tinue 10 decline 10 appear as a witues.
without advice in advance as 10 which OF
the thousands Of transactions occurring 81
long ago YOU desire 10 examine into ~
have explained. II the courts decide
against the advice which has been giveT
mo. 7 will very cheerfully comply witt
their direction. or If Won give me the I'm
formation ! request ! VIII as DhoeriuNy
comply with Nour subpoena.
/ am giving this letter 10 the newspaper
without waiting FOR n 20 reach your hands
so that i may be printed In fun and not
subjected 10 tho choice variety or false con
structons which seem To have enamateo
either from YOU or your representatives as
% my letter 20 Won last week
Very truly YOURS.
EDWARD " CIRCUIT.
Albany Aug e2-wltnesses failing =,
obey subp~nas 10 testify before the com
mission which IS Investigating the affair
Of the Union Bank. OF Brooklyn. can b'
punished for contempt. according 10 al
opinion given to-day bv Attorney Genera
Csrmody 10 the State Superintendent o
Banks.
Accompanied by Assemhlvmau Goldetoin
NJ Brooklyn. Superintendent Van Tuyl con
ferred to-day with Mr. Carmody 10 get hi.
views ON the contention If Edward VI
Grout that no could not he compelled e
testify AZ the investigation. As resul
II their conference Mr.. Van Tuyl announced
that contempt proceedings would be in
stituted against all persons not obeyini
suhpPnas when the investigation was re-
suned Tomorrow. Among those subpPne'
is Mr.. circuit.