Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-12-21
GRAND JURY ACTS
ON BREWSTER Def
Considers Contractors Refusal
to Testify in investigation
of Road Department.

Special to the Evening star.
TRENTON. Dec. 2l.-The Mercer
county grand jury is in special sess-
sion this afternoon TO consider the
persistent refusal of George NJ. Brew
ster, president of the Hackensack
Construction Company, and Walter
Scott. it's secretary, 10 obey the
summons of the joint appropr'a.
tions committee of the Legislature.
They have ignored the order to tes-
tify In the investigation of the al
legged extravagances Of the State
road department.
Senator Charles O'Connor Hennes-
sy, of Bergen, chairman of the oini
appropriat committee, expects
that the grand jury action will have
the effect of bringing these men be-
fore the commission when it resumes
its sessions on Wednesday,
HACKENSACK, Dec. 2l.-The criti-
cism by Senator Charles O'Conno
Hennessy. chairman of the joint ap.
propliations committee, in the hear
ing at Trenton, of William E. Meclia.
jr., as a, lawyer, because of his advls-
ing George w. Brewster and Walter
Scott, the contractors for public works
in Bergen County, to ignore sub
poenas issued by Senator Hennessy,
may, Mr. Mackay says, lead to the
"undoing of all that the Bergen
County Senator hoped to accomplish
through his investigation OF State
affairs"
Mr.. Mackay declares that when
he advised his clients to ignore the
Hennessy committee subpoenas he did
not intend 1t to be an attack on the
authority of the New Jersey Legisla-
ture or of any properly constituted
committee of that body, but because
he knew. he AYERS, that Mr. Hen
messy and his colleagues constituted
a body that had absolutely no legal
existence"
In support of his contention Mr..
Mackay pointed out that the joint
resolution of the Legislature OF 1914,
under which the committee is work
ing, refers to a committee BY title
which does not exist. Mr.. Mackay de-
clared that his contention was round
ed upon a perusal of resolution
which appears on page $50 of the
pamphlet laws of 1914.
ANY person reading this resolution,
having any knowledge of the New
Jersey Constitution and the laws re-
lating to the construction of statutes,
said Mr.. Mackay, could see at
glance that this resolution is VOID Iof
more reasons than one.
THE Hennessy resolution proposed
in its title to authorize the commit
tee on appropriations of the Legisla-
ture of 1914 to do something, and IN
the body of the resolution confers that
power on the Joint appropriations
committee of the Legislature of 1914.
That in itself would be fatal error
il such a body as the joint appropria-
tons, committee existed, because the
title refers not to the joint commit
tee, but to the COMMITTEES.
Under ordinary circumstances,
would dismiss Mr.. Hennessy and his
hobby with my first appearance on
behalf of my clients, which was made
only as a matter of courtesy and IN
order to spare the feelings of Mr..
Hennessy's misguided colleagues.
But when an individual, clothed with
temporary power, which he does not
know enough to properly exercise. as
ae might have done in this instance
by making his resolution provide for
a sitting of the appropriations COM
naittee of the Senate and General As
senably sitting as=a Joint body, aSsails
me for performing my sworn duty IN
properly representing my clients
against such vicious and unwarrant-
ed attacks, then l am forced to take
the public into my confidence and
show them the class of individuals
that are selected to represent them.
Legislative inquiries when lawfully
conducted are frequently resultant in
much good, but when attempted in
any other fashion they bring discredit
on the law making body while pro-
ducing no results. These are pre-
cedents which would appeal 10 any
careful legislator whose motives were
solely in the interest of the public
welfare, and not for the airing of
petty grievances and personal spite
with the idea of nurturins future am
bitiona"