The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-11-17


occurred the Corporation Counsel almost
Immediately after our departure took
advantage OF our absence 70 turn the
meeting into an attack on the Lockwood
committee by belittling It's work (Which
II it had done nothing beyond breaking
up the fraudulent court House con-
tracts would have been well worth
while) and by falsely asserting and
giving the extraordinary advice tAat me
committee had not yet presented the
proof that would Justify the cancelia-
-tion of u SINCE contract with the city
all this in the face of the fact that
the city, presumably on his advice has
already cancelled millions In contracts.
If YOU or he acts on any sucl ds-
sumption grave responsibility Wi Pc
involved which i hope for the sake oi
the city as well as yourself you WNl not
assume The plan outlined Viii. ~ pNt
into effect. fully prot g the ciif 'ho
enable it at the game time to aw'it ae-
velopnients without involving an inquiry
by the departments without adequate
Bower Of their own acts tat H.EN 'a
Eeneraly regarded as whiteWashhIg
Operation.
"The entire purpose IF our plan In
thus safeguarding the city p-n INK irr-
ther developments was % avoid the in-
kossible task Of calling ON the city de-
rartments toliuvestigate themselves
"When we accepted in gool faith the
Invitation Of the Board OF Estimate TO
attend the con ference we could not have
rontempated that Il would have h"'n
turned into IN attempt on the one hand
10 justify the past actions ~ city oi'i-
Tials or on he other handNas 2 medium
for an ok on the work OF the Lock-
wood committee.
THE issues involving the city are.
however, so serious and far reaching
chat notwithstanding This cvidarc- Of
lad taste (to put II mildiy) our conn
,raitments TO FORMULATE the documents
Between the contractors and lhe CITY
necessary for the protection OF the late
Ter in the m2Aing or future payments
nrd to attend future meetings of tho
board when so requested win hold good
but on the distinct understanding that
the conferences win hereafter he col-
.Aned 20 the particular business IN hand.
and that they VIII not DC used or the
purnoses of self-exploitation, defence or
attack"
City's Inquiry Has Begun.
q John P. OBrieu, Corporation Counsel
Intends 10 begin Che public hearings Of
the Board If Estimate Investigation
Into city building contracts Monday
h1orning IN the Board Of Estimate cham
Der. He ststeQ~ycsterday that the in-
qury into the contracts for the con-
struction Of school houses will be the
.hrst matter taken up.
< The Corporation Counsel had n corps
of Investigators busy in the Hall Of Rec
,crds all of yesterday digging Into the
City contracts or various sorts, and he
held conference with those iuvesti-
gators last night but refused 10 re-
seal what the day mad disclosed TO
them.
Tho Board OF Estimate in its regular
meeting Friday viii outline q line OF
procedure TO be followed in the inves-
ggation
= In so far rs the Corporation Counsel
knew Yesterday he Will fave no ont
side help 70 aid HIM m directing the in
vesttgation. lie was iuteua ted IN "a
public statement by + II Ia Guardia
president Of the Board or Aldermen, TO
the effect that special counsel 10 aid the
Corporation Counsel would be desirable.
but did not indicate his wishes IN The
matter.
Mr.. La Guardla informed the board
az Estimate that ne wound insist upon
having special counsel appointed 10
conduct the city investtigation He
said the Corporation Co1usel was Zone
or tho family Of city officials
THE Boards investigation ought TO
20 conducted with a view 10 bringing
out evidence of guilt or any ,itv ofi-
cial and 10 vindicate all onlctaI wao
are not guilty" AIR. liz Guardla said. III
hope the Lockwood Committee does not
3ein the Whitevash Workers Union
Committees status IL Upheld.
Edmund L. Mooney counsel FOR
Becker, made The motion on which Judge
Muiqueen ruled that the Lockwood Com
naittee was within its authority IL issu-
Ing subnnnas and administering oaths
10 his decision the Judge said
."By the resolution OF April %. 1920
the time for the committee 10 make its
final report to the Legislature was ex-
tended 20 March q. 1921, and by the
resolution Of September 81 1920, the
committee was authorized and empow-
eyed TO hold such hearings and invests
grtions as might be advised during or
hetwcen sessions of the Legis allure The
power Of the Legislature 10 appoint the
committee and 10 authorize &c 20 conduct
the Investigation is not disputed But
the defendant claire that tho Only way
IA which a legislative committee may he
empowered 10 sit and function after nd
5Surnment Of the Legislature IS by a
statute approved 6y The Governor or
passed over his veto.
Relative 20 cases from other States.
s+fcd by Mr.. Mooney, holding that the
tover Of the legislative committee to sit
1r1 function after the LEGISLATURE has
adjourned becomes null and void. Judge
Nulqueen saws AS we are not without
authority In this state I 10 not consider
r necessary TO discuss these cases IN
detail"
The court then cites the definition OF
concurrent resolutions as laid down by
tho courts Of this state asserting thaf a
concurrent resolution is the same in Inv
IS q statute since Il Is authorized by
the legis iative body
1T IS elective" gays the oou-. "fn.
NE purpose for whCn II was a4onted
srd wha' IS done pursuant thereto Il
lawfully done The adoption Of a con
crrrent solutiOn, while not IN "a tocr.
rical sense the enactment of bin or
tr' passage ~ u law. nevertheless "A
lawful act of the legislature. an a-t
e1ich u h1s power 90 perform
The state Constitution contains uoth-
inT VIII Oh prohibits The passage OF 90 -
#. clrrent resolutions and the legislatise
power Is unrestricted and unlimited
JrdEc Mulqucen held lie continued 3.
Can sit ana Act During Recess.
THE purpose for which len,slati a.
committees are usually appointed Be- 10
cnduct Investigations irt0 matters (
rubic concern. with view "a ,ropo4-
ipp remedial legislation. Such 3uvcatl-
cations arc more or less protractod and
crnscqucutly Il rs usually urovid he
'he resolution that the committee mas