New-York tribune., 1920-11-30
Fourth Attempt to Halt
Lockwood Committee
Inquiry by Attacking
Its Authority Fails
Craig g and Curran
Bolt City's Probe
Contractor Says Banker
Demanded $4,000 as
Bonus to Finance Him

The strenuous efforts made by GER
tain contractors to tie up the Lock
wood committees investigation OF the
housing situation by involved proceed
ings in the courts were thwarted for
the fourth time yesterday by de-
cision in the Supreme Court.
The decision by Justice Hotchkiss
upholds the power and validity of the
subpoenas by the Lockwood committee,
which had been attacked By Martin
Conboy, counsel for the Builders Sup
ply Bureau and the Association Of
Dealers in Masons' Building Materials
1t practically prevents further legal
obstructions being thrown in the way
of the committees inquiry
Board Hears Contractors
Another development in the inquiry
was the examination Of several con-
tractors by the Board Of Estimate in
its Independent investigation into the
circumstances under which the city's
S62 100000 worth Of outstanding con-
tracts were made. Four contractors
who did work on schoolhouses and
piers on Staten Island were heard in an
effort to determine if there was any
collusion in the submission Of bids
Nothing definite, however, was accom-
plished
Comptroller Craig refused to appear
at the hearing nt al and Henry II.
Curran, Borough President Of Manhat-
ean, walked ont of the meeting after
denouncing the investigation, its meth
DDS and purposes.
Frederick Tench, of Terry & Tench,
contractors on three Of tic city piers
on Staten Island. testified that in order
TO finance his contract Of S3,252.673,
he expected to have to pay the bankers
Il $50 600 bonus
The jury that Will try George S.
Eacker millionaire builder, indicted on
a charge Of perjury in connection with
his testimony before the Lockwood
committee, was completed yesterday,
and hcnceforth will be locked up each
night until it renders a verdict, The
taxjng Of evidence VIII begin before
Judge Otto Rosalsky in General Ses-
sons this morning.
The extraordinary grand jury au-
thcrized by Governor Smith to consider
all the criminal evidence growing out
os the committees inquiry was select
Cd yesterday, and will hear witnesses
beginning at II o'clock this morning.
Samuel Untcrmyer chief counsel for
,he Lockwood committee, had a brief
executive session with the BOARD of
Estimate in connection with the policy
to be adopted = safeguard aylMcnt OF
contracts pending al examination OF
the circumstances under which they
we're made.
Martin Conboy had made 4 motion
before Justice Hotchkiss to vacatc the
suopnras issued by the l'"'i"c ID
committee requiring Miss Elizabeth
ODea, secretary of the Builders Sup
ply Bureau, and Secretary Treat of the
Assoc clation of Dealers in Masons'
building Materials to appear before
the committee with all the books Of
those organizations.
He he'd tnaJ the subppnas were too
broad and violated the constitutional
rights Of his clients in that they
amounted to g seizure of property.
Justice Hotchkiss's Opinion
Justice Hotchk.ss held that the
/ powers Ol tIS JOtIC ltS lSidC CiNc CotS
in the present case were quasi judicial
and that he had not the power to pre-
scribe what the committee could do
with the papers or books produced. He
did not think that the committee had
stepped beyond the bounds Of its con-
stitutional or statutory rights.
in concluding his opinion Justice
Hctchkiss says: "If the petitioner
feels aggrieved at the form of the
subpoena let it present its grievance
TO the committee. If its rights Of per
son or property are violated over its
objections it may have recourse 10
the courts. But SO long as its consti-
tutional or statutory rights arc not
invaded / think the court may not
.rtcrfere."
Mis-. O'Dca will probably be one OF
the witnesses summoned before the
tContlnued pase sour)