New-York tribune., 1912-02-23
RI, r.,.,rsnb 70 TIL. Tribune. !


Albany, Feb. 22.-After long confer
ence this afternoon with Mr.. Hand, his
special commissioner in the Brandt case.
Governor Dix announced tonight that
there would be no further proceedings
by him or his representative in the case
unless and until the Gerard habeas cor
pus decision had been set aside.
The Governor took the ground that in
view of Justice Gerar6's decision. Brandt
was not a convict but a defendant
awaiting trial. AS such he was not a
subject for pardon. In that view, the
Governor said, Mr.. Hand concurred.
Attorney General Carmody. after hear
ing OF the Governors action, declared
that he did not agree with the Gov
ernor's view that he could do nothing.
But since there was no assurance that
the Governor would pardon Brandt at
ary time. Mr.. Carmody said he might
decide that he would take no steps 70
have Justice Gerard's decision set aside
He and District Attorney Whitman had
an agreement. he said. that they would
consult together before taking any step
10 appeal Justice Gerard's decision
which declared that Brandt had never
been validly convicted of the crime for
which he was sentenced. Pending such
conference. Mr. Carmody added, he felt
sure the District Attorney had not an
rounced any decision. no matter what
Information had reached Albany.
Dix and Csrmody at Odds.
Thus the situation stands that al
length the Governor and the Attorney
General publicly and openly are com
mitted to different views and lines OF
action on this case. Mr.. Carmody has
urged the Governor. from the time he
first appeared in the case TO pardon
Brandt. His letter to the Governor yes
terday set forth at length, and in as
strong language as he had at his com
mand his reasons for believing that the
Executive should extend clemency to the
former servant OF Mr.. Schiff. Governor
Dix apparently has been unable to see
II that way.
The Attorney General hasn't been a;
much pains recently to conceal his i'm
patience at the failure of the Executive
to take what he considers the only log
ical action in a plain case. The result
is Mr. CarmCdy's statement tonight
that since he believes Brandt ought ia
be free anyhow he may not try to pre-
vent his going free on the Gerard DO
cision.
Governor Dixs announcement tonight
superseded an announcement made ear
lier i'm the day that the Governor would
let Delaney NicoI and ex-Judge PARK
er appear before him tomorrow to argue
for an extension of the case and the
powers of Commissioner Hand which
would permit them 10 put Mortimer 1.
Schiff. Brandt's former employer: Mrs
Schiff and Howard Cans, Schiff's coun-
sci, on the stand. In making this later
one the Governor said that as affairs
stood now his proceeding was closed in.
definitely
Says He Can Do Nothing Further.
Il am told" he said. that District At
iorney Whitman will take an appeal
from Justice Gerard's decision. The At.
torney General also may want to carry
the case to a higher court, but until that
Is done and the legality of the decision
settled ] am in a position where / car
30 nothing further"
Regarding his understanding OF Com
missioner Hands powers in CONDUCTING
the investigation as the Governors conr-
missioner, the. Governor said that under
The section Of the prison law he under
stood the commissioner to have "all the
powers on earth, the widest possible
powers Of investigation. II that pro-
ceeding Is ever resumed, therefore. il
VIII be for Mi. Hand to decide whether
CT not he will let tho Schiffs and Mr.
Cans testify.
The Governor ordered the suspension
.oi the proceedings before him after con-
ierring with Seymour Van santvoord, his
legal adviser, and Commissioner Hand
and then gave out the following state.
msnt.
me decision ri the Supreme Court which
,nsas announced yesterday Afternoon upoi
'"' "iit OF habeas corpus previously sueC
Continued on third page.