New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-08-03
Legislature Did Not Adjourn
Sine Die and FraWIey In
quiry Is Legal, AttOr-
ney General Finds.
TERMS UPHEAVAL WELCOME
Holds That Recalcitrant Wit
nesses May Be Imprisoned
Despite Governors Ad-
vice to Disregard
Subpenas.

Subppnas.
Albany Aug. 1.-THE extraordinary
session OF the Legislature which con-
vened on June Ii. has not adjourned
sine die. and was within its rights in
authorizing the F'rawley committee to
investigate the campaign contributions
and expenses Of Governor Sulzer. ac-
cording 10 the decision reached by
Attorney General Carmody in two opiI-
/ ions rendered to-day at the request Of
: the executive.
/ Mr.. Carmody holds that the Legis-
lature acted legally when it took
/ recess on July 23 to August II. The
Z Governor has contended that the Leg
islature abdicated because at the ses-
/ sion Of July -, when the recess was
taken. a quorum was not present.
Through his legal adviser, Valentine
Taylor, the Governor issued a state
ment last week asserting that the
Thompson resolution broadening the
scope Of the FraUley committee. which
was adopted at the extraordinary ses-
/ sion. was void for the reason that IL
contravened the provision of the CON
! stitution which forbids action at an
extraordinary session on any matter
not recommended in a special message
/ by the Governor for consideration.
Governor Opened Gates.
( In holding that the Frawley commit
tee has power 20 investigate the ques-
ton Of political campaign funds and
10 report to the present extraordinary
session OF the Legislature Mr.. Car
mody points out that this question was
opened by the Governor himself when
/ he recommended to the special session
legislation throwing around the official
primaries all the safeguards OF the
present provisions Of the election law
as 20 general elections. and providing
for a LIMITATION of amounts which
might lawfully he expended by candi-
dates for nomination and making a vlo-
lation OF the law felony.
In view Of these recommendations to
the extraordinary session, Mr.. Car
mody states that an investigation into
the workings Of the present law is
within the power Of the committee un-
/ der the resolution adopted by the Lcgis-
lature. so that il may be fully advised
as TO the present conditions. TO deter
mine the advisability Of legislation
upon the subject and as 10 what form
! that legislation should take II deter
mined upon.
| The Attorney General expresses the
| opinion that the investigation under
/ taken by the committee should be
welcomed by every right thinking citi-
zen anxious for the purity Of the ballot
and its protection from excessive use
Of money"
! The Governor. through his legal ad-
! wiser. urged state officials and other
citizens TO pay no attention TO re-
quests from the Frawley committee
] for information concerning campaign
| contributions, but the Attorney Cen
eral holds that any witness who
refuses to attend or answer a pertinent
and legal question propounded by the
committee may be committed by a
| Judge OF court Of record.
Settled in Barnes Case.
! Mr.. Carmody says this question Of
law was sustained BY the Court OF APP
| ST
lam Barnes, chairman OF the Repub-
! lican State Committee. by the legis
lative committee which investigated
conditions in Albany. The court held
| I'm effect at that time that a legisla-
tive committee had the right TO compel
witness to answer a pertinent and
legal question. 1t ruled however, that
| the questions asked Mr.. Barnes were
| not germane.
This phase of the Attorney Generals
INTERPRETATION of the committees power
may have an important bearing on the
position OF Louis a. Sarecky former
confidential secretary TO Governor Sui
ger. who last week declined TO answer
questions put TO him by the Frawley
committee concerning the Governors
| campaign contributions.
The opinions were given in response
IN a request made by Governor Sulzer
for the Attorney Generals formal
views "as TO whether or not the ex-
traordinary session Of the present
LEGISLATURE. which convened June Ii,
| 1919. has or has not adjourned sine
die and ceased TO exist as a legislative
bodv in session and can lawfully meet
and transact legislative business Au-
gust H. 1913" and concerning the
scope. authority. jurisdiction and power
Of the Frawley committee.
Alleged FaIsification.
| In his letter 10 Mr.. Carmody. the
Governor pointed out that on Iuly 20
the LEGISLATURE adopted a resolution or
dering a recess until August II.
"I am credibly informed" said the
| Govcrnors letter. that there were pref
ont only seventeen Senators and thirty
seven Assemblymen. less than quorum
or msjority in either House. The oTis-
inal Journals of the respective houses
| xi1h