New-York tribune., 1913-07-28
FrawIey investigators Told to
Do Without Records. Unless
Tammany Leader Is
Examined.
OPEN DEFIANCE ADVISED
Governor Assures Campaign
Contributors That Subpenas
Cannot Compel Testi-
mony on Personal
Matters. y

Albany July 2I-Governor Sulzer,
through Valentine Taylor. his legal ad-
wiser issued a challenge tonight TO the
Frawley legislative committee Of Tam
many Senators which, among other
things. is Investigating campaign con-
tributionS made in aid of the Gov
ernors election. The Governor asserts
he will not cooperate with the COM
mittce when il usurps 10 itself unwar-
ranted Jurisdiction and authority but
promises To assist in probing campaign
gifts providing the committee examine
under oath Charles F. Murphy and
Philip Donohue. respectively leader and
treasurer Of Tammany Hall, and
others.
The statement, which has the cap
ton, Regarding the Power of the
Frawley Committee 10 Annoy and Har-
rass the Governor and other Citizens
Of the state" and is dated July "a. the
day after the Legislature recessed.
urges state fficials and other citizens
TO pay no attention To requests from
the committee for information concern
ing contributions during last years
campaign. il is alleged such requests
have been made by Eugene Lamb
Richards. counsel 10 the committee.
under covert threat Of subpoena.
The committees right 10 subpoena
witnesses to give testimony along other
lines is conceded. but all sucn wit
nesses are advised that they cannot be
forced TO testify about campaign funds
or other personal matters
Nj TAYLOR also insists that the Leg
islature Of 1913 has terminated its
legal tenure. following the line Of rea-
soning which has been made public by
the Governor.
Demands Years Interim.
The attitude Of the executive office
.oward the scope and powers Of the
TraViev committee is based on the res
oiution treating that committee, which
was adopted by the Legislature on May
?. 1918. and specifically recites that the
report shall I've made 10 the next ses-
SION of the Legislature 1t is con-
tended. therefore. that no report can be
made until a new Legislature convenes
IN 1914.
The Thompson resolution broadening
the scope Of the committee, which was
adopted at the extraordinary session. Is
condemned as void for the reason that
? contravenes the provision Of the cor
stitution which forbids action al an
extraordinary session on any matter
not specifically recommended by the
Governor for consideration.
Judicial precedents in favor Of Mr..
Taylor's contentious are quoted at
length. including the findings OF the
court Of Appeals in the case Of the re-
fusai Of William Barnes TO give certain
testimony demanded by the Albany in
Vostigating committee
The attempt Of Mr.. Richards, by his
threat Of subpoena. TO secure informa-
tiol. which he must know and which
the committee itself must know relates
90 a subject matter concerning which
the committee is wholly without au-
thority and jurisdiction" the statement
recites. is nothing less than the abuse
and misuse OF legislative procedure and
process and an unwarranted and un-
lawful attempt at coercion Of the citi-
zens. in violation Of the state constitu-
ton itsaf'
Called Fishing Expedition"
After expressing the Governors de-
sire 10 aid the Frawley committee 80
long - it confines itself TO the legiti-
mate scope Of ~ powers and functions
ss prescribed BY the concurrent resolu-
ton passed by the Legislature on May
3 1919" The statement continues:
1T is not expected. nor will the Gov
Continued second page. fourth column.
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