New-York tribune., 1921-05-17
O9Brienl AssaiIs
Meyer Innquiry's
Secret Sessions
Corporation Counsel Says
Legislative Committee Is
Without Authority TO
Hold Private Hearings
May Appeal to Courts
Heated Conference With
Chairman Ends i'm Prom
ise TO Produce Records

The courts may be called upon to de-
eide whether the Meyer Legislative In
vestigating Committee has authority to
examine witnesses in private. In the
first clash that has occurred between
the committee and the Hylan admins
tration Corporation Counsel John P.
O'Brien, evidently acting upon instruc-
tions from higher up" contended yes
lacked this authority, but was acting
illegally in subjecting witnesses to in
terrogation by sub-committees consist
ing of only one person and having no
minority representation.
Mr.. o'Brien, in company with First
Deputy Police Commissioner John A.
Leach, called on Senator Schuyler NJ.
Meyer, chairman of the committee, yes
terday afternoon TO EXPRESS these views
and found that neither the Senator nor
Leonard NJ. Wallstein, associate coun-
sci to the committee, concurred in
them.
For few minutes the controversy
Vas rather heated, but it was concluded
amicably enough when Commissioner
Leach and Deputy Clerk Grant Crab
tree of the Police Department agreed
to produce the departmental records
at 2:30 o'clock this afternoon. Mean
while, Mr.. O'Brien said. he would con-
slider the matter further and perhaps
register formal protest with the com
mittee at the same time the required
documents are delivered.
Subpenas duces tecum were served
on the Police Department last week
by the committee, calling for certain
official records, the nature of which
Senator Meyer refused to discuss yes
terday. Crabtree has already been ex-
amined by Senator Meyer, and the I'M
preston yesterday was that the COM
Commissioner Leach in connection with
he records under subpoena.
Senator Meyer informed the Corpora
ton Counsel that the committees pub
1'c hearings probably would not begin
hcfore the middle of next month and
that until then the b-committees
would conduct the various phases of
the inquiry behind closed doors. In
doing this, Senator Meyer said, the
committee was only following q prece-
dent established by other Investigating
bodies engaged in similar work.
Mr.. O'Brien also was informed that
the joint resolution creating the In
Vestigating committee provided for the
appointment of subcommittee and
that in this the Democratic minority
'concurred. Senator Meyer was ap-
pointed committee of one with power
TO appoint subcommittee.
"It would be impossible to get the
entire legislative committee together
and keep it in session for the purpose
of examining each and every witness
TO be called in this preliminary work, %
Senator Meyer said yesterday. public
hearings would be impossible at this
stage of the proceedings. If witnesses
hold the impression that we are oper-
atlng without proper authority it may
become necessary for us to institute
contempt proceedings.
1--WE have no desire to interfere with
the administration Of the Police De-
not intend to have our authority ques-
toned. In the case under discussion
this afternoon the records we desired
were not in the Police Department but
in the Corporation Counsel's office.
"lf the city departments under in
vestigation want to cooperate with us
they will find US ready to cooperate
with them. If they do not want to CO.
operate we shall adopt a different way
of dealing with them"
Senator Theodore Douglas Robinson,
n member Of the investigating body,
has been sitting as subcommittee in
connection with the investigation Of
the Office of Borough President Con-
learned yesterday as TO what this In
quiry has developed.
Senator Meyer said that the werk
Of the committee had been delayed
considerably because Of its inability to
complete Its staff Of Investigators. he
announced that Spencer Phenix, at
present attached to the United States
Chamber Of Commerce in Washington,
and Edward T. Perrine, who made an
analysis of the state budget for the
Governor, had been employed and that
other Investigators probably would be
named within q few days.
The legislative committee opened up
large suite of Offices yesterday on the
third floor of 38 Park Row and all
phases of the inquiry will be con-
Quoted from there
Commissioner Hirshheld denied yes
terday that he had been subpoenaed to
appear before the Investigators and at
the same time asserted that the in
quiry was purely political"
mo city official can object to a fair
and honest investigation Of his office
and welcome the scrutiny of any of
my own official acts" he said. "I have
no quarrel with Senator Meyor or
with the committees counsel. The
only thing object to is their attempt
20 misiead the people by endeavoring
TO make them believe that this investi-
CATION is for the purpose of revising
the city charter. As a matter of fact,
IT is pure lly political and designed to
~9lseredlt the Hylaa administration.