New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-11-13
Justice Kellogg, Democrat, Ap-
pointed by Gov. Dix, Decides
Against Republican Leader.
CHAIRMAN WILL APPEAL
He Must Also Answer Questions
Concerning Acquisition of Lyon
Stock Senate Inquiry
Held Constitutional.

mittee. must produce the books Of the
Journal Company. OF Albany. of which he
is president. before the Senate committee
which is investigating Albany city and
county affairs. and answer certain ques-
tons concerning his acquisition OF stock in
the ]. p. Lyon Company, within eight days,
according TO a decision by Supreme Court
Justice Joseph a. Kellogg, of Glens Falls
Unless Mr.. Barnes complies with the
courts order or takes such other course
as he may be advised" a warrant will be
issued committing him to the Albany
County jail
On being advised to-day Of Justice KEEL
logg's decision Mr.. Barness attorneys at
once took steps 10 carry the case TO the
higher courts Mr. Barnes declined to-
night to comment on the decision further
than TO say that the matter would be APP
pealed. The investigating committee does
not meet again until November q.
M Barnes when called as a witness by
the committee offered to furnish sworn
transcript Of the Journal Company's ac-
counts with the city and county Of Albany
but declined TO produce the books, on the
ground that the private business Of the
company would become known 10 its COM
petitors.
The state chairman was questioned at
length by James W. Osborne, counsel to
the committee, concerning printing affairs
IN Albany, and on his refusal TO answer
certain questions the committee directed
Mr.. Osborne to take the proper steps TO
compel the witness 10 comply. Mr.. Os-
borne later secured an order from Justice
Kellogg directing Mr.. Barnes TO show
cause why he should not be committed to
the Albany County Jail for disregarding
the committees directions.
Question Argued on November 2.
The matter was argued at Ballston on
November 2, Mr.. Osborne appearing for
the committee. and Senator Edgar r.
Bracket, OF Saratoga, and William NJ
WINS Of New York. representing Mr.
Barnes.
or the twenty-three questions which Mr..
Barnes declined TO answer Justice Kellogg
finds that only five were pertinent. They
related TO Mr.. Barness holdings in the j.
B. Lyon Company, which has done much
printing for the county of Albany as we'll
as for the state during the last ten years.
Mr.. Osborne wanted TO know whether Mr.
Barnes paid for the stock or whether 1T
was given to him: when he got it and
whether he talked TO j. r. Lyon during
the Investigation about the consideration
for the stock. Justice Kellogg says:
Il appears from the papers that Mr..
Barnes was the owner Of 80 shares Of the
stock Of she j. h. Lyon Company out OF
a total Capitalization of 5000 shares. This
company mad furnished the county of Al !
bsny printing during the last ten years
20 the amount OF approximately 100000
The political party with which Mr..
barnes was affiliated vas the dominant
political party of the county during this
lime and of this party Mr.. Barnes stated
that hc was leader defining the term
tu mean ~ man whose advice IS taken
quite largely pretty largely, by the men
Of the political party with whom he Is as
sOCidteC'
lie Was also during that time member
of the state committee of his party.
The line of inquiry attempted TO be |
opened up in these questions was very ap- !
parent
whether a person in this position had &C
CURED a substantial stOckholding interest
in a company which furnished printing 10
s large amount 10 the political subdivision
in which he was a figure Of power without |
any adequate compensation therefor, and
whether this species of patronage hao
been given out 10 a company in return for
an ownership or interest given 10 the pO- |
litical leader as a portion, at least, Of the
consideration TO be paid for the acquisi-
ton Of the stock by him.
Committee Within It's Powers.
Here the committee was directly within
its powers and I'm the discharge of It's duty. |
II a citizen has the political power to con-
troll the distribution OF the peoples money
and thus so controlled 1t 10 his own ad-
vantage, II IS matter which might ne
very well recommended by this commit
tee 10 the Senate as matter worthy or
consideration. so that If possible leSisla-
ton may be enacted 10 prevent practice |
which will, at least have tendency u
corruption.
II is a well known fact, OF which judicial
notice NAV very properly be taken, th3t'
under latterday methods OF ponucaI Or
CARNATIONS the actual rulers Of many po-
litical Subdivisions are not those VINO are
nominally holding office, bus those whose
control over the political organization to
which actual officers belong made theil
election or appointment posi- hie
in many localities officers ho'd thelr 20
sition by mower of Sp-calleo leaueiS. II
with impunity. a dominant FACTOR can SO !
exercise his power as TO obtain sunStanual
pecuniary benefit from the pubic business
by urging the officers over Wh2m ne hds |
Influence. through his power Of selection
10 award that pablo business 10 corpora
lions in which he has an interest ahd'
especially when that business is so lNcIa-
tive that very substantial portion OF Tn
profts can he surrendered without ade-
ouete consideration TO a political leadef IN
order to secure the prohts Wmsh accrue !
from the remainder. II is certainly a MAY
Ter which not only permits hut demands |
investigation, in order that II possiple' u
nav be corrected /, $50
From the foregoing il is not 10, ne un-
derstood 10 be determined here that any |
~ these conditions has as Yet been actualy |
and satisfactorily proved upon this inVes-
tigstion. but the committee saould not pe
thwarted IN It's very PLAIN outF py tnI
refusal Of any person 90 answer cues Ilohs
involving a CORPORATION which had Pe1n !
Maid a very substantial sum ot ,puDnc
money by the mere assertion that II "o'
LIs private business , -
Theee questions were both legal and per
tinert and the witnesses declnaupH -
snsWer is without reasonable cause
Justice Kellogg disagrees with Nj
Rarnes's attorneys that the Senate In
o,,rv is unconstitutional, and holds that
# would seem proper, in view Of tte facts
developed. 10 pursue still further the in
cuiry into the percentage received by the
Albany Journal Company on supplies fur !
nshcd the city and county Of Albany. For
this reason. Justice Kellogg declares 1t IS
necessary that the BOOKS Of the Journal
cornrany be produced before the committee
Joseph 4. Kellogg. Of Glens Falls who Is 4
Democrat. was appointed by Governor /
Dix 10 Gl out the uneXpired term OF the |
late Justice Edward \. Spencer. He was /
nominated by the Democrats last month,
but was defeated 10y Edward c. Whit
ct recent election. |