Newark evening star and Newark advertiser., 1915-12-08
EDWARDS WINS
FIGHT TO HAVE
PROBE DROPPED
Assembly Committee That In
vestigated His Department Lost
Authority With Adjournment.
n Correspondent.

From stan Correspondent.
TRENTON. Dec. s.-Aecording TO an
opinion rendered today by Assistant
Attorney-G General Herbert Boggs to
State Comptroller Edward I. Edwards.
the Assembly investigating commit
tee named during the last session of
the legislature died with the final ad-
journment Of the House Of Assembly
last May. and its powers cannot now
be exercised. Mr.. Boggs holds also
that the financial officers of the State
nave no power to pay any bills or ex-
penditures incurred by the committee
since the final adjournment of the
Assembly. The decision Is a conn
plete knockout for the committee. and
,iphoIds the contention OF Comptroller
Edwards. made several weeks ago,
when the committee began its probe
Of the comptrol1er's department
Practically all the work of the COM
mittee has been done this fall, sew
eral months after the adjournment of
the Assembly. The committee orga-
nized by electing Assemblyman Ogden
H. u A1OAA1A61As RAA1At
selected Howard b. Tindei. of Tren-
ton. as clerk. at a salary Of $1,000 a
year, and made former Assemblyman
Emerson L. Richards, of Atlantic
city, counsel. The majority of the
committee and all tho officers, are Re-
publieans. A lot of stenographic notes
Of hearings have been taken and
other expenses incurred that are now
n.
troller to be illegal.
Question without Precedent
The question was referred by Mr..
Edwards to the attorney generals
department for decision. 1t Is the
first time this question has been de-
cided in this State. and Mr.. Boggs
points out that there was no prece-
dent either in the courts. the actions
Of the Legislature or previous rul-
ings of the encouragement of the
state TO guide in reaching conclu-
sion.
Mr.. Boggs says the resolution un-
der which the committee was ap-
pointed directed it to report at the
fhen session or at any special ses-
siof He continues:
Il doubt the power of the House TO
provide for the continuance of its
committee after it's adjournment and
10 report at a session which might
and probably would never occur, and
could never occur by any action OF
the House. 1t cannot be doubted
that all legislative or parliamentary
powers of the House cease upon final
adjournment of it's regular session,
and l am unable to see how 1t can
give to its own creature, it's commit
tee, powers which 1t does not nave
and cannot itself exercise.
s.My impression, therefore, Is thaI
after the permanent adJournment OF
the regular session THIS coIhIil.eee 3'
had no power to sit or act In any way.
Whether its powers would revive,
should a special session of the Leg
4siature be convened, 1t Is not nee
essary here to discuss"
Mr.. Boggs cites the opinion given
bv Attorney General McCarter in
September, 1907, to Senator William
=. Bradley, of Camden county, as
being the nearest TO having pear
ing on the present question. 1nal
decision had reference to the Assem-
bly, investigating committee OF that
year which investigated numerous
state departments and institutions.
Appropriation Not Available.
The appropriation act, passed by
4he last Legislature, making appro-
priations for the year beginning No
venber /, 1915, appropriated $l,oO0 Tor
tho expenses of this civil service IN
vesttgating committee. Mr.. Boggs
points out that this appropriation dld
NOT become available until NoVem-
her /. and then only for the fiscal year
HnW anW
r,enses of this committee incurred be-
fore that date could not be paid out
of this appropriation. Then he says:
II cannot regard an item in the
regular appropriation bill as confer
ring power upon the committee or as
a recognition by the Leg stature OF It's
existence and power TO act. Such an
intent would be without the scope OF
the act; that object Is not expressed
in it's title.'
Another thing pointed out by Mr.
Boggs Is that an act of 1875 provides
thai any Joint committee shall have
The power to compel the attendance
Of witnesses, but such powers, he
says, can only be exercised by le-
gally existing committee. The second
section of the act empowers the
speaker of the House or the president
OF the Senate to order the sergeant-at-
arms to arrest any persons refusing
to appear to testify and bring them
before the committee.
at cannot be presumed" continues
Mr.. Boggs, that the speaker of the
House or its sergeant-at-arms can,
after the permanent adjournment OF
The body, exercise such arbitrary and
dangerous powers, and the fact that
these officers may exercise such ar
bitrary and dangerous powers upon
the request of a committee, to my
mind. is strong evidence that the
LEGISLATURE, in passing the act, only
contemplated their exercise and the
action of such committee during the
session of the Legislature, when such
r,owers would be under control and
subject to immediate and proper cor
rection If arbitrarily or unjustly exer-
cised."