New-York tribune., 1920-11-23
Court Backs
Committee i'm
Graft Inquiry
tcontlnucd from page onc)

Guiding work on about forty-onc
schoolhouses.
In addition, evidences of matched
bids have been disclosed in connection
with sand, gravel, lime, brick, cement
| limestone. plumbing and other mate
rials that went into schoolhouse and
other city construction, involving prac-
tically the whole of the citys S62 ,0OO,-
600 worth OF outstanding contracts.
That those who feel themselves en-
dangcrcd by the legislative committed s
action ore stopping at nothing to inn
pede and stall the work of the commit
tee was evident from reports Yesterday
that Mr.. Unternrycr was being shad-
owed by detectives from Police Head
quarters and that his private telephone
wires at Greystonc, Yonkers, had been
tapped.
1t was declared that the telephone
wires running into his town house at
Q East Forty-ffth Street and to his
Office in the Equitable Building also
were being tampered with.
Committees Status Attacked
The action by which it was attempted
to lie up the committees proceedings
in court was brought on behalf of the
Builders Supply Bureau 1t ques-
toned the rirht of the comm ttce TO
subpoena Miss Elizabeth O'Dea, secre-
tary and treasurer of the bureau, to
appear before the committee with all
the books, papers and records Of her
office. Martin Conboy appeared for
Miss O'Dea.
Conboy attacked the validity of the
committee. which has had numerous
sessions since the adjournment Of the
extra Scpten Der session OF the Legis-
iature He contended that the commit
tees power expired with the Legisla.
ture's adjournment and that the sub
pnna served on Miss O'Dea was not in
accord with the statutes which provided
for five days notice for production of
documents. while the committee de
held that the subpoena was invalid be-
cause Miss O'Dea was paid employee
and not an officer OF the bureau.
Judge Iiotchkisss Decision
In his opinion denying the motion of
Conboy that the subpoena be set aside
Justice Hotchkiss said that if, as she
asserts, Miss O'Dea was only paid
employee, she had no right to object
to the subpoena on the ground that it
was unreasonable search and seizure OF
books and papers
"With respect to the lawfulness of
the committee itself and its power to
issue subp9nas," said Judge Hotch-
kiss, "cither because the resolution
vas not signed by the Governor, or
that the committee was not authorized
to continue after the adjournment of
the Legislature, | am unable to agree
with the contentious of the witnesses
counsel. | do not think that Section
Of Article 4 of the constitution has
any application to joint resolutions,
and this view has certainly been fol-
lowed in practice.
From time immemorial also it has
been the custom of the legislative
committees in this state to sit after
formal adjournment of the Legislature,
and this notwithstanding the resolu-
tons under which they have acted may
not in terms have given them power
so to do. am cited to no case which
holds that the power so to sit does
not exist. at least so long as the Leg
lslature itself has not dissolved. which
IS not the case where an adjournment
SINE die has been taken and the leg
lslative year has not expired"
The Lockwood committees HEARINGS
viii be continued this morning. It IS
known that combinations in fireproof
ing material viii be disclosed. Miss
O'Dea will also be put on the stand
to tell of the operations of the Build.
ers' Supply Bureau.