New-York tribune., 1920-12-19
No Wide Rift
In Committee.
Says Lockwood
Senator Declares Kaplan's
Demand for Prison Terms
Instead of Fine for Lime.
stone Ring Caused Trouble
Members Act 9 to l
Agrees That Criminal Pro-
ceedings We're Not Within
Jurisdiction, He Asserts

Reports Of dissension among mem
bers OF the Lockwood committee on
housing threatening to obstruct the
progress of the investigation, Of the
building industry were set at rest in
a statement issued by Senator Lock
wood, the committees chairman, last
night.
Senator Abraham Kaplan, a member
Of the committee, mad criticized his
% associates for failure to demand Jail
v sentences instead of fines for the lime
stone ring, and had insisted that the
committees counsel be instructed to
rsE for prison terms for all persons
pleading guilty. The controversy vas
precipitated when it became known
that the twentynine members Of the
: cut Stone Association subscribing to
the John T. Hettrick code of practice
scheme had pleaded guilty to violation
Of the Donnelly antitrust law and
were fined in the aggregate to the
amount OF $4,000.
Senator Kaplan." Chairman Lock
wood said, "has been endeavoring to get
3 the committee to take some stand in
Z
growing out of the inquiry. He has
been trying to make it appear that the
committee is responsible for the ac~
: ton of the courts. l maintain, and the
other members excepting Senator Kap-
Ian agree with me, that the criminal
procedures arising from the inquiry
are not within the purview of our com
nattee and should be left entirely in
the hands of the courts and the proper
/. prosecuting authorities.
Committee Stands Nine to One
THE committee stands nine to one
Tor a square deal for everybody affect
ed by the inquiry. 1t stands nine to
one for Samuel Untermyer, it's counsel;
Leonard Wallsten, its associate coun-
sell and others associated with the
legal phases of the probe. 1t stands
nine to one for non-interference with
the courts and the various special as
sistant district attorneys connected
with the criminal prosecutions arising
from the investigation and the various
grand juries and justices presiding
over their sittings. If Senator Kaplan,
the enc referred to. dc1ots the com
mittee's position on these matters we
challenge him to test it,
Senator kaplan gave an entirely new
version of what took place at the exc
cutve session of the committee that fol-
lowed the outburst at the hearing on
Fridnv
when the committee went into ses-
sion after discussion he said, 'Mr
Untermyer insisted upon obtaining a
resolution supporting him in his desire
=" fine against the limestone ring.
p ! drl fted the resolution in his own
handwriting and it was put to vote.
Mr.. Cntermyer's resolution was de-
feated by a vote of to 3, at least two
Republicans voting against the resolu-
ton. Senator Lockwood voted against
the resolution, and was the fourth vote
necessary to defeat it. l also voted
against It.
tedrafted a Resolution
AT this time Mr.. Untermyer left and
Senator Lockwood redrafted a resolu-
ton which was neutral in form and
substance. 1t simply expressed conf
dcnce in the committees counsel.
stated that this was 8 camouhage reso-
luton in order to siderrack the defeat
Of the Untermyer resolution
Il had and now have no desire to
create any dissension in the committee
or to prolong this discussion The re-
suits obtained by counsel for the COM
nittee have been wonderful, but have
been unable 70 bring myself to the
point of view OF seeing these results
lost by tning the violators.
After the defeat of the Untermyer
resolution Mr.. Wallstein said he want
ed to express his views. He said he
vas opposed to fine against the lime
stone ring and was in favor of Jail
term. He then wrote out his resigna-
ton and gave it to Senator Lockwood
He did not tear it up. 1t was was taken
hr1 Acc NH hl 7
chairman, and while Senator Lockwood
urged Mr.. Wallstein to reconsider it
Mr.. Leininger tore it up
Senator Lockwood said last night
mat the resolution proposed by Mr..
Untermyer read: "The committee as
sucn Is not concerned with the Grim
NAL proceedings or the disposition
tnereot, and expresses no opinion there
on, but does express entire confidence
II the wisdom Of whatever action the
court and counsel may see fit to take"
Against Advising Court
"Mr. Untermyer insisted" said tn.
senator, that it was not the function
of the committee to advise the Justice
presiding ut the extraordinary term of
the Supreme Court, the special Attor-
ney Generals and District ATTORNEYS
What should be done in these cases,
where the court alone has jurisdiction
and where only rhe court and the off
cials mentioned have all the facts and
now what could and could not be
preVed. and now much va.ue the help
woulc be these men could give should
hey choose to 10 so.
Tor these reasons he had not in
tended TO ask for any resolution, but
lc Set that Senator Kaplan's motion
made it necessary that some sort Of q
resolution which would incorporate a
Fote Of confidence should be considere d
By the committee"
He then explained that the Inter.
nyer resolution was in fact introduc ed
by Assemblyman Petite, and that
Abeles, Dunnigan and himself Clock
rood opposed it as to form, while
Haplan voted against it on principle
Mr.. Cntermyer had to go to court
AZ the time and | told him before he
EFT said Senator Lockwood, that |
would propose resolution which would
express the fLllest confidence in the