davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-26
Text of Resolution.

The concurrent resolution adopted BY
the Legislature was as follows.
Resolved, That the investigation OF N.
matters contained in the message OF the
Governor to the Legislature on Jun. x
1913, and Of the documents ACCOMPANYING
the same in relation 10 certain ALLEGED
acts of the Hon. Daniel F. Cohalan
justice OF the Supreme Court OF TIE
State OF New York, be conducted BY
joint committee consisting OF the mem.
bers' Of the Judiciary committees Of the
Senate and Assembly, respectively, 70
hear the evidence and report with All
convenient speed the proceedings had and
submit the report, with findings, concu.
sions and recommendation thereon 10
the Senate and Assembly for their con.
sheraton; and, further.
Resolved, That the accommodations
as 10 procedure contained in the report Of
the joint committee Of the Legislature TO
which was referred the matter Of de-
termination Of a form Of procedure for the
investigation into the matters above men.
toned be adopted, and that such invest.
cation be conducted pursuant 10 the torm
Of procedure contained In said report"
The members Of the joint COMMITTEES
which will hear the Cohalan case being
the members of the judiciary Committee
from each House are
From the Senate: Senator'S Murtaugk
McClelland. Pollock. Griffin, Iorbors
Blauvelt. Foley velte ard Wagner Demo
Gratis. and Coats. Thomas, Walters. Bus
sey and Brown, Republicans.
From the ACKNOWLEDGEMENTS Gold.
berg. McElligott. Wen, Cuvillier, Green
berg, Donohue. Gibbs. OConnor and
O'Brien. Democrats; Phillips. Sullivan and
Vert. Republicans. and Schaap, Progress.
sive.
The Joint committee held a meeting 10
night. at which Senator Murtaugh was
chosen chairman. Senator'S Blauyelt an!
Pollock and Assemblymen Gold5ers
Phillips and O'Brien were designated as
a committee OF arrangements TO make
provision for holding the hearings in the
Senate Chamber, for the attendance OF
the stenographer and sergeant-at-arms o.
the Senate. and 10 confer with Attorney
General Carmody as TO counsel for the
committee.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-26
JUSTICE COHALAN TO Be
TRIED BY LEGISLATURE
Joint Judiciary Committees Of
Senate and Assembly to
Hear Testimony.
lFrom a So CoIrtspondent 81 The TrIhune.l

fFrom n stan Correspondent ~ The Tribune
Albany. June 25.-The Connolly charges
against Supreme Court Justice Daniel +.
CohaIan will be tried before the joint
judiciary committees OF the Senate and
the Assembly. beginning on June 30 at 10
o'clock.
Justice Cohaan will have the right 20
appear before the committee and 10 be
represented by counsel. and witnesses, in
Guiding the Investigators for the Bar AS
ISOLATION, will be subr9naed
The case will come before Joint ses-
sion OF the Senate and Assembly on July
s. or as soon thereafter as the Joint Ju-
dietary committees have completed their
work. which shall include a full report
OF their proceedings. with findings, CON
clusons and recommendations.
Removal from office rather than I'M
peachmcnt is the presumptive penalty
under conviction according 20 the rules
Of procedure which were adopted to-day.
although impeachment Is possible de-
velopment II the Legislature should de-
eide that the evidence justified H.
The Cohalan case came 10 focus to-
day on the receipt by the Governor from
the Bar Association OF New York Of the
report OF its grievance committee on It's
investigation OF the Connolly charges.
The report reached Governor sulzer at
an early hour this morning, and as soon
as the Legislature convened he sent in
a message. including the report and
recommending. under Article VI Section
II. Of the constitution. that "a thor
ough and exhaustive investigation and
examination be made and the true facts
nscertainnd."
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-26
BAR ASSOCIATIONS FINDINGS ON COHALAM.

principal the report OF ue grievance ~
0 following
enter cement Eonno'Y
O4 05 whereby ne received % pei ~
through his poes ue"
insisted OF all the evidence
S394c his share OF 'he p' ~
Connolly suit 1902
Cuhank Connoys lawyer did destroy Suon ~
upon o Cohaan
Connolly pohu0A
Connolly made to Cohaan IN
April, .,..
opportunity to appear oeI0re e
Governor had asked Tor us report
which declined. -.
evidence pri tao'e " sustain "
evidence the contrary
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-26

'.1S The payments received from the
CITY of New York by the Victor Heating
COMPANY for the work done and materials
furnished on the orders received pursuant
TO the foregoing arrangement aggregate
the sum of $4S.S6isl.
.1o. That i'm the early. part OF 1900 SAID
John A. Connolly caused TO be prepared
a statement showing the profts maze nE
the Victor Heating Company upon the
orders previously received by the sald
company in pursuance of the foregoing
ARRANGEMENT. and delivered copy OF the
said statement TO said Cohalan AT OF
about the time that the same was pre-
pared.
90 That or or about october y. 1901
John \. Connolly paid to said Cohaian
the sum Of 500 dve hundred dollars) III
cash.
"That on or about December s, l"4'
John \. Connolly paid TO said Cohaidn
the further sum Of 500 in cash. mat on
mr. about January n. 1903. John A. CON
molly paid 10 said Cohalan the further
sum Of slSj in cash. That on or about
January g. 1906 John a Connolly paid
10 said Cohalan the further sum of 700 -
I'm cash. That on or about May p. 1871
John \. Connolly paid TO said Cohalan me
further sum Of 81. 600 in cash That on or
about August ., 1875. John A. Connolly
paid to said Cohalan the further sum 81
81 COZ I'm cash. That on September i"
1906 John A. Connolly paid said Cohalah
the further sum of 500 I'm cash. and on
November TO- 1905. a further sum OF -"
I'm cash. That said sums aggregated the
sum OF 1896 IS.
"21. with the exception OF the sum OF
S55 ~ paid to him on or about January
o. 1905 the various sums paid 10 sdld
Cohalan rs set forth in the preceding par
aeraph were paid in pursuance OF the
agreement previously entered into De-
tween said Cohalan and said Connolly TO
the effect that said Cohalan was TO re-
ceive s. per cent Of the net profits made
bv the Victor Heating Company upon
orders received by the company, "hich
orders had been received through the IN
fuence Of said Cohalan from the once OF
the President OF the Borough OF Man
haitian or the Bureau Of Buildings ana
Supplies or from the Department OF
Water Supply. Gas and Electricity or IN"
City Of New York.
100. The first payment made 10 the SAID
Victor Heating Company by the city OF
New York for work. labor and services
10 be performed and material To be fur
nished pursuant 10 an order given by the
Department Of Water Supply. Gas and
Electricity vas made on or about Jan
uary 20. 1876 and amounted to the sum
OF $3.50 81
"2S On the I'D day Of January 1870.
John 4. Connolly paid 10 said Cohalan the
sum OF SIS So being the ten per cent Of
the gross amount collected from the city
of New York TO be paid as an additional
! nducement, as set forth in paragraph
10 hereof
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-26
STATEMENT UNTRUE AND
MISLEADING is CHARGED.

al This statement was untrue and
misleading.
~ The said John A. Connolly at
no time since the said Cohalan acted as
attorney for him i'm the matters referred
10 in the said testament hereto attached
as set forth in paragraph 70 hereof au-
,horized or directed Justice Cohalan TO
make any statement in regard to, or TO
disclose any facts learned by the said
Cohalan while acting as such attorney,
and all references To said matters In said
statement were made without the consent
Of said John A. Connolly. or q anybody
acting In his behalf
THE foregoing findings are based upon
the statement OF Justice Daniel f. Co
halan given to the public press on May
81. 1919, upon the testimony Of John A.
Connolly. Charles q. Wiley. Albert -.
Cruikshank. Edward l.. Blackmar and J.
Bennett Southland. and upon the letters
books and other documents produced be-
fore the committee.
Dated June q. 1918.
Respectfully submitted.
"HOWARD TOWNSEND. Chairman.
"EINAR CHRYSTIE. Secretary"
Mr. Chrystie's letter To Justice Cohalan
affording the latter a second opportunity
to appear before the grievance commit
tee was in part as follows:
Sir. Referring to the communication OF
the chairman OF the Committee on Griev-
ances 20 you OF the 5th instant and your
reply thereto Of the 18th instant, we beg
TO inform YOU that We have received a
communication from the Governor under
date of the 18th instant In which he
quotes I'm full your letter TO him of June
-. 1913. and requests that the Committee
on Grievances file with him any and all
exhibits and facts that IT might have in
its possession concerning this matter to-
gether with its report. recommendation
and conclusion regarding the same. In
pursuance of that request the Committee
on Grievances will meet at No 80 West
AID street, Borough of Manhattan, City of
New York, on Wednesday. June is. 1913,
at o'clock p. m. for the purpose OF in
vestigating the matters hereinafter set
forth. and to determine what, IL any,
action should be taken by reason thereof.
| have been directed to invite you to be
present at such investigation. and 10
notify you that you may appear person
ally and by counsel. cross-exsmine any
witnesses appearing in support OF the
allegations before the committee and ofrer
In evidence any answer thereto which you
may deem IL advisable"
COHALAN WRITES TO
BAR ASSOCIATION.
Justice Cohalan replied:
"Dfar Sir. This L. 10 acknowledge re-
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-26
ASK RAILROAD BAN ON RUM
Alienists and Neurologlsts
Would Prevent Disasters.

Chicago, June 25.-As a means OF
preventing accidents, railroads through
out the country were urged to-day 10
adopt stringent rules as 10 the moral
character of their employees.
The national congress OF aIlehis"
and neurologists in session mere
adopted a resolution advising the ran.
roads not TO employ men who USED
alcoholic beverages, either on or OF
duty
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-26

he shall require. or the commit.
DER, they shall be reduced 70 ns,.' VI
and IN the joint session Of the Lep,,,.s
ure read at the desk by the CLERK a.,
the joint committee by the chat u
and the decision thereof and OF ali n", n'
and objections raised by said can.
shall be made by the presiding
which decision shall be final unless -
appeal shall be taken therefror a. az
joint session of the Legislature a, s
request Of five members thereof AZ.
the joint committee at the reoue,t :, "a
member Of said joint committee
'S. Official stenographer Of Senate chan
be the official stenographer OF ,5s h' 'N
ing. war
3. Should the Legislature determin. ~.
such investigation be conducted bv ,r'
Senate and Assembly in Joint s.s,,.-
they shall proceed with the INVESTIGATE
on the Both day of June. 1913; and MI.
otherwise ordered shall meet in ths -.
sembly Chamber daily at 10 o'clock il u.s.
morning and shall take up the inyssr..
ton and continue till O'Clock -
which recess shall be had until o'c.',
when IL shall meet again and confirm. :
session until ) o'clock. This rule NAV =
changed by motion without previous -
tice at any time and a recess or ad,ourr
ment may be taken at or to a dirersn,
hour.
10 Should the Legislature det.rni,.
that the joint committee conduct said :,
yestigation, the said joint committee shah
proceed with said investigation on IL.
3Oth day of June, 1913, at 10 O'Clock a N
at such place as said committee NAV De-.
ignate.
II. Should the investigation be cor.
Quoted by the Senate and Assembly I,
joint session. at the conclusion Of the .v.
dence they shall Ak the time and place fl,
the final argument Of counsel and sh,u
determine the number Of counsel 10 b.
heard"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-26
Courts of Record Testimony.

&c. All the legal rules in regard to the
introduction OF evidence in the examina-
ton of witnesses prevailing in the courts
OF record OF this state shall be observed
by the presiding officer. subject TO an APP
peal to the committee.
-. All motions and offers made by
Senator'S members OF the Assembly, or
By counsel for the committee, or for par
ties to the investigation shall be ad-
dressed 10 the presiding officer. and II
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-26

accordance with said requirement was
prepared and served on the respondent oh
MAY %, 1909. and at the same time inc
original complaint in said action was uc
stroyed by tho attorney for the pianun'
and thereupon said Cohalan paid TO the
attorney for the plaintiff the sum of 49,
Z 10 =. In "a Oh
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-26
NO REASON EXISTED FOR.
EMPLOYING VICTOR COMPANY.

"l5. That no reason existed, or was
offered for disseminating the services OF
the said companies heretofore named, and
the employment of the Victor Heating
Company in their place, other than the
fact that said Cohaan had used his in
fuence and thereby induced the Commits
sioner Of Water supply Gas and Elec-
trlcity. or some other authorized person
connected with the said department, TO
make the change.
rs. Between April !. 1904 and December
81. 1905. pursuant to the foregoing agree
ment. the Victor Heating Company re-
ceived orders for work, labor and services
TO be performed and materials 10 he fur
nished from the Office of the President OF
the Borough OF Manhattan and the
Bureau Of Public Buildings and Offices
aggregating the sum OF 81 SOP %.
~. Between May /. 1904, and December
81, 1905. pursuant 10 the foregoing agree
ment, the said Victor Heating Company
received from the Department OF Water
Supply. Gas and Electricity orders for
work. labor and services 20 be performed
and materials TO he furnished aggregating
the sum Of 1852 80
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-26
Numbins suddenness.

Rumors Of the advent Of the Cohalan
case on the legislative horizon had spread
through both chambers before the days
LESSONS were called TO order. but even
with this warning the leaders appeared TO
be somewhat stunned by the suddenness
with which the matter dropped on them.
In the Senate the majority leader. Wag-
ner. moved that the Governors message
be referred To the judiciary Committee
and in the Assembly the majority leader
Levy, made the same beginning. Each OF
them was forced to call for recon
sideration a few minutes later, and then
In each house special committees were
appointed TO confer on rules of procedure.
Governor Suffers message presenting
the case To the Legislature referred
briefly To Justice Conalan letter sent
when the charges were first made public
asking that the case be laid before the
Legislature
ION June % 1913" the Governors mes
sage continued. 81 received report in
writing. with exhibits thereto annexed
from the said committee on grievance OF
the Bar Association OF the city OF New
! OIks ltNbttAiIE Auf llhANNi hhb I WI
sidered 1t proper that the same be Inn
medately transmitted TO this Legislature
for appropriate action in the premises.
Accordingly | herewith transmit 10
this Legislature and as a part of this
message at this time copies OF the SAID
report of the said Grievance Committee,
together with said exhibits, and respect
fully suggest that. pursuant to Article
s. Section II, OF the Constitution and the
other provisions of law that may be APP
plicabe thereto, the same receive the inn
mediate attention OF this Legislature. and
that a thorough and exhaustive investi-
cation and examination be made and the
true facts ascertained and full opportu-
nifty for their presentation be given all
the parties interested. including the re-
ports OF the Bar Association of the City
OF New York, and that. after such exami-
nation and hearing in accordance with
the constitution and the laws OF the State
OF New York. this Legislature take such
action In the premises as shall be deemed
wise, proper and expedient"
Senators Murtaugh, Pollock and Coats
and Assemblymen Levy, Adler and Patrie
were named as the respective committees
to confer on rules and procedure.
While these rules were being formu-
lated by the joint committee IL was
agreed upon by the leaders that the pre-
liminary investigation should be put in
the hands of the members Of the Judiciary
Committee OF the two houses.
Modelled After Hooker Case.
The procedure, modelled after tho
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-26
WITH VICTOR CO.
FOR PERIOD OF FOUR YEARS

- In the year 1900 the Victor Heating
Company was duly incorporated pursuant
TO the laws of the State Of New York
and thereafter did business in the Bor-
ough of Manhattan. City OF New York,
consisting principally Of installing and re-
pairing heating and ventilating plants.
boilers and other machinery. The said
company had its office and place of bust
ness, consisting Of one floor and base
ment. in the premises No. 2295 Broadway,
New York. during the years 1903. 1901,
1895 and 1906. and one John A. Connolly
was the president and a director of said
company during that period.
zone George O'Hanlon was director
and secretary OF the said company from
the date OF its incorporation TO some time
in the month Of September, 1904. He also
was treasurer of the company from Feb
ruary, 1901. TO September. 1904. One j..
Bennett Southland was elected director
of the company in 1901. and remained A
director until some time subsequent to the
year 1896.
The said John A Connolly purchased
the interest in said company formerly
he'd by George O'Hanlon in the month Of
September. 1904. and thereafter became
the principal stakeholder of and con-
trolled the said company The capital
stock of said company was $4,000. divided
into one hundred shares of 500 each. The
cash capital paid into the company by It's
stockholders was the sum of $500.
g. The said John a. Connolly knew
Mr. Cohalan and his family for many
years prior to November. 1903, and he and
said John A. Connolly were at that time
intimate friends.
e. Said Daniel F. Cohalan had been
active in the Democratic party. and IN
the organization known as Tammany Hall
IN the City of New York, for long time
prior TO November. 1903, and at that time
he was we'll known as person who had
influence over members Of that organiza-
ton and over such OF them as might hold
public once In said city.
g. The political party Of which Daniel
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-26

the committee hearing is completed. Az
this Joint session of the two houses the
entire record of the committees lnVesti-
cation will be read together Win w
committees report Of tndings'
sions ard recommendations.
A report recommending removal "ouiu
require A two-thirds vote OF each mouse
to make II binding. Impeachment pro-
ceedings. II brought on the heels OF the
preliminary committee investga'ioii'
would REQUIRE the two-thirds action Oh
the Assembly to institute them, and an
other complete hearing Of the entre eNi-
6ence by the Senate. with a two-thiru'
vote Of that body necessary for impeach-
ment
Agreement was reached by the leglsla-
tive leaders. while the procedure coIhinI'-
tee was drawing up it's report that the
Legislature should adjourn for a recess
after to-day's session until July 5, at
o'clock. The joint judiciary committee
will. however. under the resolutions
adopted concurrently, meet here on
June 80
Following is the complete report OF the
special joint Committee on PROCEDURE
which was adopted unanimously in each
House
The Joint committee OF the Legislature
10 which was referred the matter OF pro-
cedure for further action upon the mes
sage Of the Governor Of June %. 1919
and the document accompanying said mes
sage relating to the Hon. Daniel +. Co
halan. a justice OF the Supreme Court OF
the state Of New York, pursuant to con-
current resolution adopted this day. sub
nits the following report
a. The Investigation shall be Of certain
alleged acts of the Hon. Daniel +. CO.
halan, justice OF the Supreme Court set
forth in said message Of the Governor OF
June %, 1918. and the documents accom-
panying said message, consisting Of re-
port Of the grievance committee of the
Bar Association OF the City Of New York
and an exhibit
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-26
CONNOLLY ACCEPTS coHALAN
OFFER FOR HEATING COMPANY,

I'll The said John A. Connolly. in be-
half Of the Victor Heating Company.
accepted the offer OF said Cohalan upon
the terms set forth i'm the preceding
paragraph. and said Cohalan thereafter
did use his influence with the Commits
sioner Of Water supply Gas and Elec-
tricity. and with other persons connected
with the said department, and did pro-
cure for the Victor Heating Company. by
reason Of said influence. orders for work
labor and services to be performed and
material to be furnished by II.
~ Prior thereto the Victor Heating
Company had not received orders for
work labor or services 10 be performed
or for materials to be furnished, by IL
from the Commissioner OF Water supply
Gas and Electricity, or from his prede-
cessor in office, or from any other person
In said department.
'13 The Victor Heating Company,
shortly after entering into the arrange
ment with the said Cohalsn heretofore
referred to, received from the Department
Of Water Supply. Gas and Electricity an
order to perform certain work, labor and
services and furnish certain materials in
and about a certain pumping station
known as the 18th street Pumping Sta
ton in the City OF New York.
IA That for some time prior to the
receipt Of said order work similar TO
that called for therein had been. done
in and about said pumping station,
and materials similar to those required
to be furnished by the said order
had been furnished TO the said pumping
station BY the George F. Blake Company
and the Worthington Pump Company,
both Of which companies were then well
known as reliable, and competent in the
class of work referred to In said orders,
and they had properly performed the
work, labor and services and furnished
the materials. and were properly perform
ing the work, labor and services and fur
rteh{pg tho materials as ordered