New-York tribune., 1913-07-28
MURPHY ON GRILL OR
NO AID FROM SULzER
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Continued from first page
when it attempts To use its powers. and
! the more so when il usurps TO itself
unwarrante' jurisdiction and author
| ity, for the purpose OF going on a
fishing expedition with tho view OF So
curing data 10 discredit the Executive
| in any Of his actions done in the per-
formance of his duty under the constl-
tuition "a laws.
The subject matter Of the inquiry
! in Mr.. Richards's letter. being abso-
lutely without and beyond the iuris-
diction and legitimate functions Of the
| Frawlcy committee. and his implied
threat that unless the desired informa-
tion be m nishcd a subpoena would b.
served. compelling the citizens to tes-
tify before the committee. is an idle
threat, and no attention should be paid
to it whatsoever by any citizen in the
state"
In the event of citizen appearing
| under subpoena and being examined
about campaign contributions, this ad-
vice is given.
Such a witness being placed upon
the stand could refuse TO answer am
questions relating TO political contrihu-
tions, on the ground that such qucs-
tions did not relate 20 the subject mat
ter within the jurisdiction Of the COM
mittcc or pertinent to the inquiry. The
citizen who may be interested is hereby
advised that the Supreme Court Of :he
United States has held that neither
branch Of the Legislature, or 4 lcris-
lative committee, can bc invested with
the general power Of making an in
quirv into tho private affairs Of
| citizen.
Right OF Personal Security.
Further. that tho highest Court stated j.
Il cannot bee too often rcpeated-that the
principles that cubody tho essence Of
constitutional liberty and security forbid
all inyasions on the part of the govern
mont and It's employees of the aanctity OF
mans home and the privacies Of his
life. OF all the rights of tho citizen. few
are Of greater importance or more essen
tial TO his peace and happiness than the
right Of personal security. and that In
| wolves not merely protection OF his per
son from assault. but exemption OF his
| private affairs. books and papers from
the inspection and scrutiny OF others
Continuing, the Taylor statement de-
| fines the Governors rights as follows:
The Governor Of a state. as represent
| ing the executive branch Of the state
government is entitled TO that immunity
from encroachment by either the judicial
! or the legislative branches OF the govern
ment on that fundamental theory and
maxim Of American constitutions known
as the trpartlte separation OF powers
~ large number OF Judicial precedents
| exist. both federal and state. 10 the effect
| that the executive branch OF the govern
| mcnt is Independent of the legislative and
| judicial branches. and that no one OF the
three departments can usurp the powers
| OF any OF the others or invade the rights
or jurisdiction Of any other department
| either through a committee or any other
| agency"
|
| Challenge TO the Frawley Committee"
| this appears.
| IF the Frawley committee is sincere
and honest in its purpose to examine
into campaign contributions Of the cleo
| tion of the fall Of 1912 i'm this state, the
! Governor desires TO announce to all who
may be interested that he will gladly
and unreservedly give his best efforts 10
assist the committee in this respect.
provided the committee will give some
| evidence Of its honesty and sincerity in
the matter by calling Charles r. Muir
ply. Philip Donohue and others whose
names he will furnish, place them on
| the witness stand and permit them To
! be examined under oath regarding all
the contributions they received and for
which they never accounted.
Cooperation or Secrecy.
| Under such circumstances the EXecu-
| tive will render every possible assist
ance IN this matter which the commit
tee has intimated it desires thoroughly
| to investigate. but unless some such evi-
dence of the Frawley committees sin
cerity Is forthcoming the Governor. on
| the advice of eminent counsel whom he
has consulted. will instruct the staff OF
the Executive Department and all others
called or subpnnaed that when the
! FrawIey committee attempts to usurp
unwarranted authority and exercise Ju-
/ risdiction on subjects not within the
! legitimate scope OF It's functions no at
tention whatever be paid TO its commu-
| nications or requests
The conference which was TO have been
held with Governor Sulzer tonight AT the
peoples house over the Executives con-
tention that the legislative session s end
ed was called off on account Of the short
time intervening since the invitations we're
| sent out
Prominent men from various parts OF
the state were invited. but the only one
able to get here was John A Hennessy.
who said the conference would be held
later