The New York herald., 1921-07-02
NO SECRET QUIZZING
in HYLAN inquiry
Appellate Division of SUI
preme Court Against
Closed Doors.
BLOW AT COMMITTEE
Deputy Commissioners Re-
fusal to Answer Sub
committee Sustained.
APPEAL THOUGHT LIKELY
If Witnesses Must Be Exam
ined in Public, Meyer Says,
1t Will Cause Delay.

81 900, ,00O, 900 has no authority to ex-
anime witnesses in secret session, ac-
cording to a decision given yesterday
by the Appellate Division Of the Su-
preme Court. The ruling is a hard
blow at the committee and the in
quiry, it's members admitted.
The court sustained John A. Leach,
Deputy Police Commissioner, for re-
fusing to testify before a subcommit-
tee. What the States representatives
have denounced as obstruction and a
systematized effort to block the in
quiry is upheld by the court as the
clearly defined rights Of the city off,
cials who have baked at the doors of
subcommittee
Senator Schuyler M. Meyer. chairman
OF the committee, said 1t had not been
decided whether request would be made
to appeal from the Appellate Divisions
ruling. Permission Of the court must be
given before the committee can go to
the Court of Appeals. In all probability
the appeal will be made.
Under the restrictions placed by this
decision Senator Meyer said that un-
questionably the work Of the committee
would be increased greatly. II the COM
nittee is compelled to examine all wit
nesses before the full committee in pub
lie the investigation win be prolonged
many weeks.
Elon f. Brown, counsel for the COM
mittee. insisted in the argument that
section 81 of the legislative law. provid-
ing that subcommittee of three are
authorized to sit in investigat tion. fully
protected the proceedings.
Subcommittee Not Authorized.
The Meyer committee is not a stand
ing committee and therefore does not
come under section 81. The court states
An examination Of the resolution un-
der which the committee was appointed
convinces us that subcommittee OF
one member to conduct an examination
and swear witnesses was not within the
purview of the resolution and not au-
thorized thereby. and that the resolu-
ton of the committee which desig-
mated the chairman as a subcommittee
and authorized appointment of subcom-
mittees of one or three members was
not authorized by the joint resolution. "
Citing the language of the committees
resolution creating subcommittee, the
court continues:
This language clearly negatives au-
thority to appoint a subcommittee OF
one which shall exercise all the powers
conferred upon the committee as a
whole. We do not think 1t necessary
to discuss any of the other questions
presented, with the exception of the
question as to whether the committee
has the right to take testimony in
camera The majority OF the court are
Of the opinion II has no such power
Mr.. Justice Page and the writer of
this memorandum dissent from that
conclusion.
I'VE recognize the power of the Leg
islature to conduct investigations for
the purpose of framing legislation. No
obstacles by the local authorities should
be unnecessarily thrown in the way
gate the affairs of the city of New
York. If there Is anything wrong which
may be righted by appropriate legsla-
ton IL ought to be discovered.
If there Is nothing wrong it will be
in the interests of the community 10
establish that. Upon the particular
point presented we are of the opinion
that the order appealed was right In
denying the motion to punish for con-
'eiiPb bcSduot liC yblHl ItSOlutlpIl uiu
not authorize the appointment of a sub
committee Of one"
Justice Clarke wrote the opinion.
senator Meyer Disa appofnted.
we are disappointed that the court
ruled against u.s." Senator Never said
The court indicates doubt as TO the
committees right TO hold any executive
session for the purpose of taking testi-
mony. If the courts intent was tc
rule on this point II will have very
serious effect upon our work. have
not had an opportunity TO discuss the
matter with Mr. Brown. but we shall
decide at once whether to appeal. City
officials have tried all along to hamper
and block the investigation. Our diff.
culties will be intensified should wit.
nesses avail themselves of the oppor.
tunity apparently presented to them oi
objecting to giving evidence excepting
In open session. We will get the facts
however. whether II takes six weeks OF
six months"
This is the first time that such q
decision, has been given regarding tn,
authority of legislative committee
A dozen or more witnesses were ex
amined yesterday. Nearly all wer,
policemen. and they were asked abou
their connection with the police fielt
games. The investigators have spen
weeks going over the finances of tn,
police athletic contests held at Sleeps
head Bay. II was understood that som,
of the witnesses were asked about tn,
number of tickets they sold. Scores o
policemen have been asked the sam,
questions. II is believed the commltte.
is trying in this way to check up tn,
receipts.
John NJ. Philips. Queens contractor
was before subcommittee and re
fused to be sworn and answer ques
tions. Subpoena servers hunted fo-
him for month. The committee de
cered a recess until next Tuesday.
Assemblyman Charles ID. Donohue
Tsmmany member of the committee
protested yesterday that Senator Meyei
and others were making public pro
ceedings before the subcommittee.
IAN article in THE NEW YORK HERALr
to-day. evidently emanating from you
relates to the testimony of police cap
tains," Mr.. Donohue stated. 1T wa,
understood that testimony before sub
committees would not be divuged ant
the Democratic members of the com
mittee have adhered to that understand
ing. You know that not one OF tn,
police officers examined testified n,
had been coached by the Corporation
Counsel or any OF his assistants. II I
is necessary TO revive the committe,
by publicity at least tell the truth. ever
though II does not advantage you"
d.