The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-11-23
GRAFT HUNTERS ON
POLITICIANS TRAIL
Continued from First Page.

session OF the Legislature last Septem-
Der.
The subpoena was made returnable
by law.
The subpoena was served upon a mere
employee of the company instead OF an
officer of the company or the person
in charge of the office.
The subpoena was improperly signed
and did not describe in difenite terms
the books and records desired as it
called for the production of. &C.
In reply Mr.. Untermyer branded the
objections as frivolous.
THE very purpose OF these legislative
Investigations" Mr. Untermyer said. lis
to gather information. If the committee
were unable to sit after adjournment of
the Legislature and to enforce the APP
pearance of witnesses or the production
of books and papers 1t obviously would
be impossible to gather information.
The Lexow, the Armstrong, the Thomp-
son investigating committees were all
authorized by joint resolution. as was
the present committee, to conduct inves-
LEGATIONS"
1T has been the common practice"
Justice Hotchkiss remarked.
Amazed at Motion.
1T has been the invariable practice"
replied Mr.. Untermyer. II am amazed
that motion of this sort has been made
to ask the court to interfere with the
work of a coordinate branch of the gov
eminent"
Mr.. Untermyer said that Justice
Greenbaum in the Martens case had re-
fused to set aside service Of a subpoena
calling upon that Russian envoy to APP
pear before the Lusk investigating com
mittee to give testimony. and that Judge
Mulqueen in passing upon the indict-
ment against Backer, the builder
charged with perjury, held that the
Lockwood committee had power to sub
poena witnesses despite the adjournment
of the Legislature.
This committee ought not to be an
noyed. delayed and embarrassed by this
kind of proceeding" he added. He said
that the committee desired to have the
subpoenaed witness and records before
It to-day. and asked for q speedy de-
cision.
In his decision Justice Hotchkiss held
that section S67 of the Code Of Civil
Procedure did not apply to this case.
The fact that Miss O'Dea is an employee
and not an officer of the bureau does not
mean that a subpoena on her amounts
to unreasonable search and seizure. II
she has the books it Is her duty to pro-
duce them, the court held. and she has
not the right to question the scope OF
the subpoena.
Regarding the allegation that the COM
mittee is lawless and exceeding its
powers because the Governor did not
sign the resolution authorizing the in
vestigation, the Justice held he could
not agree with such a contention. From
time immemorial 1t has been the custom
of legislative committees 70 sit after
formal adjournment of the Legislature"
the Justice said.
The Board OF Estimate met in City
Hall in the forenoon to start its indie
pendent investigation of city contracts,
but did not get far. Corporation Coun-
sci John p. O'Brien read a programme
OF what the Board Of Estimate will do
# It can, and the board decided to con-
suit with the Lockwood committee be-
fore attempting TO do anything. Where
upon II adjourned until IL o'clock to-
morrow morning.
Mr.. O'Brien explained at length how
he proposes to free the city from the
pirates and buccaneers Of the build
ing industry VINO nave the municipality
by the throat. He and the Mayor have
drafted a letter which will be sent 70
every contractor doing city work. In
closed with this letter Is an affidavit
for the contractor to sign. wherein he
affirms under oath he lis not a member
of any association or organization or
combination, or party to any agreement
having for it's object the prevention or
elimination Of fair and open competition
in bids for contracts with the City ~
New York. or which did anything 10
prevent fair and open competition under
which contracts with the City of New
York are required TO be let or
awarded"