New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-11-03
SAY PROBE IS ILLEGAL
Barnes's Counsel Call lnvestlga.
ton Contrary to Law.
CONTEMPT CASE ARGUED
Osborne Charges Every Official
in Albany County with
Violating Statutes.

.rsuston. y Y. Nov AFTER extended
srrunents in the proceedings brought
.cainst William Barnes, jr.. chairman OF
,hs Republican State Committee, TO compel
hin, 10 answer certain questions asked him
h,, lanes W Osborne. counsel 10 the Sen
o,s committee which is investigating AL
,,a,v CITY and county affairs. Supreme
court Justice Joseph a. Kellogg reserved
decision tonight and gave counsel until
SATURDAY 10 file briefs and record of the
testimony taken by the committee.
Iustice Kellogg ordered Mr.. Barnes on
FRIDAY last 10 show cause why he should
not be committed TO the Albany County
iau Tor refusing 10 answer questions and
~ produce certain books of the Albany
Journal company, Of which he is president.
william NJ. WINS and Senator Edgar T.
Racket representing Mr.. Barnes, at
tackled the legality Of the legislative resolu-
lion ordering the investigation. contending
that tho whole proceeding IS contrary 10
law Mr. Wins raised the question of the
constituuonality Of Section $50 of the code
Of Criminal Procedure. which provides that
,n the event Of a witness summoned before
an investigs ting committee failing TO an
sver questions put TO him without 'rea-
BILE cause Judge may issue a war
rant. on AFFIDAVIT 10 that effect. commit
ling the witness to Jail until he answers
questions lie declared that such an &C
zion on the part Of court would deprive
abe witness Of his constitutional rights 10
liberty. without due process Of Law.
Osborne's Contention.
Answering this. Mr. osborne claimed the
clause by AFFIDAVIT" i'm the section meant
that afidavits from both sides should be
presented 10 the court for consideration be-
fore a committing warrant could be issued.
Mr.. Osborne declared it was his intention
10 get an answer to his questions from
Mr. Barnes with a view 10 proving that
the state chairman was the author or re-
clpient Of a bride" i'm taking stock in the
ID r. Lyon Company In return for using
Ibis influence 30 secure state and county
. Printing for that firm.
~ Mr.. Wins then charged that the commit
tee was "usurping the functions OF a grand
bIrv" I'm Investigating crime. The Gar Of
Russia" no said, would smile If he knew
the sovereignty OF tho state OF New York
had been usurped by legislative body for
the purpose Of extortng information under
the SulS' VI tohllS 'N0''i'''''s
court and Judges
The proceedings were scheduled to start
a. 1:20 p. M. but were delayed over Two
hours by the non-arrival Of MI Osborne
who missed his train. and it was two hours
after the courts usual closing time when
: ithc arguments We're concluded.
ii oaborne's Auto Fast in the Mud.
!. Accompanied 10y an assistant. Arthur !.
Warner. Mr. Osborne started from Albany
I'm an automobile shortly after noon. The
chauffeur was unfamiliar with tho ROAD
aud lost his way near Ballston. 1hree
miles from Saratoga the machine became
s,,,.l, i'm the mud. and M. Osborne party
was forced 10 walk moro thdn rh'e 10
cot a farmer loo haul the ear out of the
. miro When they finally arrived At inc
courtroom they We're numb from the cold..
Mr. osboruc opened the argument 10y 70
. .,iaO-ing what hc said he had proven ny
witnesses regarding tho printing Situa
ition'' IAN Albany Mr.. Barnes's company
facts share Of the profits az the Argus
Cor,parv for work they secure by public
bidding no declared. and " tho thins
didn't happen among people Thoroughly
renutable T might speak harshly OF It,
Every single official i'm the county ls on
Gagged i'm palpable violation of the law.
Mr. Tyns's claim that tho Law Is uncon
,ritutioual brought from Justice Kellogg
the remark that n This were iru" n'
committee. no commission, 10 board or mo
public official can compel witness 10 obey
= summons 10 answer question. II Is a
grave question ro added.
4, Mr.. Osborne said that one recommended
itior Of the Senate committee probably
would be that no person occupying Suct
- position as political leader As Mr.. Barnc'
: does should have such connection Will
public business as he has"
When Mr. Osborne had finished telling
the court what he hoped 20 prove durint
the investigation, Justice Kellogg asked
What are YOU going TO do them?
II can see line Of proposed Legislation
that will correct these abuses, was the
answer