The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-12-01


Materials.
II refuse TO answer on my constitu-
tional right that to do so might tend to
incriminate and degrade me-" Joseph
Penny and John A. Philbrick. big deal
ers in masons' supplies. said over and
over again.
Prefer Jail to Answering.
which do you think II would do. in
criminate or degrade?" Mr.. Untermyer
asked. The witnesses refused to answer.
"And you know what this means, you
had rather take a chance of going to jail
for contempt than answer questions here
regarding your organization" Both Wit
nesses said that was their position. That
formula was repeated fully a hundred
times.
Possession of the books Is a small part
OF the issue. The documents have been
back to the committee for the last week
and none Of the investigators believes that
the red and black covers Of the ledgers
and check books now contain any trace
Of scandal
But whether members OF the so-called
trust can refuse to answer questions u
more important. Unless the committee
can Break through this wall of legal and
technical distractions II Is going to be
hard TO get at the many combinations
believed to be sheltered back Of It. The
committee and Mr.. Untermyer are trying
hard to get around the ends crawl over
- a. nd .fse
what Is concealed behind.
The next move is up to the commit
tee. and will be made to-day II possible.
The record OF yesterdays proceedings
will be taken before the Extraordinary
Grand Jury as soon as completed and
used as a basis for asking for indict-
ments against the dealers who refused
to answer questions and stand In con
tempt
Three methods of procedure are open
to the committee. II may ask for spe-
clal session OF the Legislature TO punish
those who defy its authority. The Legis-
lature can impose prison punishment as
has been done The committee can go to
a Supreme Court Justice TO ask for pun
ishment or seek an indictment from the
Grand Jury. In all probability the latter
course will be taken. Moreover, It Is the
intention to give this case precedence
over all others, and, II possible. rush II
to trial within n few days. IL an indict-
ment is returned. with a view TO setting
an example to others who may have In
mind refusing to answer questions.
Jail Sentence Is Recalled.
This Is tho first time In the history OF
Legislative committees that an organi-
zation from which the state sought In
formation regarding conditions in any
way affecting the public that the power
OF the state has been tested to a finish.
James Garrison de1ed the Assembly In
connection with the Sulzer impeachment
and was sent to jail. But the Building
Bureau served notice yesterday the
members would test the right of the State
10 pry into its affairs.
Defeated three times In the Supreme
Court and once In the Appellate Division,
Martin Conboy. counsel for the bureau,
kept up the fight without cessation yes
terday, and the committees fruitlcss seq
son ended with It's hands and feet toch-
nically tied and with the case again
thrown back before Justice Hotchkiss on
an Injunction restraining the. investiga-
tors from combing through the books
The punishment prescribed for con-
tempt OF the Legislature Is one years I'M
prisonment.
Mr.. Conboy sat in the front row OF
81. ssvx,ourneras bcnrhasU - an tha aret