The New York herald., 1921-12-01

yesterday. comes up here and files on
their behalf this remarkable statement.
They do not even do the commission
the courtesy Of coming here by their own
counsel and stating here why they de-
cline to be questioned concerning mat
ters that so vitally concern them and
their honor. and concern the public in
terest as well. So / say l regard what
has taken place as n gross breach OF
faith with the commission.
'Of course, II cannot have any prac-
teal result on this investigation II is
entirely immaterial. as far as practical
results are concerned whether these
gentlemen appear here or not We have
disclosd the facts The facts cannot be
changed. and that Is why / was per-
fectly willing to have them consult with
all the counsel they could retain and
to confer with one another even before
they were questioned here.
THE only possible additional facts
that could be elicited from them, take
IT, are whether they were speculating
in the stocks of these companies dur
ing the period of violent fluctuations
which were put in evidence yesterday.
and IL seems to me TO be due to them
that they should have the opportunity
OF coming here and stating. If they
could truthfully state. that at the time
this Illegal merger was being co1tenl-
plated and at the time c'l this th!mble-
rigging was being done they were not
speculating in the stocks, but were
sensible of the obligations they as trus-
tees owed to the different sets of bond
holders and stockholders and to the
public and to the city of New York
which has invested nearly s30,0o0,000 in
these properties tina. they have been
administering-admini as they
say in this statement. for themselves
and others certainly administering for
themselves.
Now II they do not want the oppor-
trnity OF justifying what they have done
and explaining what they have done.
suppose the laW will permit them to re-
frain from arswering any questions on
this stand because, of course. l shall
not put any questions to them unless
they first sign waivers OF immunity such
as are required of witnesses In all such
Investigations. and thereby they might
still find a way of evading any further
have any effect upon this inquiry or
upon the results OF this inquiry. because
we have the facts already.
Shcarn Sarcastic.
Inc only OtneT lllnS L nave 10 Sdy
| is with respect 10 the character of this
| statement. It opens with the remark
that these gentlemen have no disposi-
ton to question the motives of the COM
mission or of its counsel in the conduct
OF this investigation. OF course, we are
| deeply grateful for that ! am quite In
| different, as 1 think the commission are
! indifferent. to whether our course In
conducting this inquiry meets the ap-
proval of these gentlemen or not.
They respectfully submit that the
practical result of the investigation. as
It is now being conducted. is not tc
serve a public purpose but is to serve g
private purpose. i am sure the com
mission resents that statement. / GER.
tainly do on my part / think that al
bear out the statement that this IN
/ vestigation has been conducted witt
! scrupulous regard for all interest in
volved. without unnecessary implication
and dictated solely by the desire tc
! bring out the facts that would show the
imperative need of the reform that the
commission proposes to put through