New-York tribune., 1921-05-18
( s,lice Refuse
10 Testify at
Meyer Inquiry
Commissioner Leach and
Deputy Clerk, Under Sub
pmna, Defy City Probe
on Orders of O'Brien
Called Obstructive Move
Senator Declares Commit
tee viii Enforce Rights
if 1t Becomes Necessary

Corporation. Counsel John 2, o.
Brien refused again yesterday to per-
nit First Deputy Police Commissioner
John a. Leach to testify before Sena-
tor Schuyler NJ, Meyer, sitting as
subcommittee Of one appointed by the
r.egislative Committee, which is con-
dacting an Investigation Of the Hylan
administration.
Mr.. o'Brien's ruling applied also to
Deputy Clerk Grant Crabtree of the
Police Department, who, with Commits
sioner Leach, is under subpoena.
The Corporation Councils action
mas based, he said, on his belief that
subcommittee OF one, with no minor
Nv representation, were Illegal In
addition to this, he took the stand
that neither Senator Meyer nor other
members OF the inquistorial body had
the authority to conduct the oxami~
ration Of witnesses in executive ses-
sion and that all testimony should be
taken at public hearings.
Acting upon Mr.. 0'Brien's' advice
Commissioner Leach and Deputy Clerk
Crabtree refused to testify. This sit
uation brought the days proceedings
to deadlock and caused Senator
Meyer to give out g statement IN
which he characterized the Corpora
t;a,, co,fnseFs action as an "obstruc
five moveH designed TO involve the
Legislative Committee i'll endless htl-
eatien.
Committee to Assert It's Rights
Tbo examination of the police Off
c;sls was adjourned until Senator
Nevef can lay tae entire situation be-
fore the full committee. Mr.. O'Brien
said cnnhatiealy that he would not
rerlpis Commissioner Leach end the
Deputv Clerk to testify until ne had
besn served with court order requlr-
ING him to do 80,
SENATOR Meyers statement tollcWs
Il adjourned the examination OF
nenutv Commissioner Leach and Grant
norafion Counsel O'Brien that he had
adv;scd $hem not to testify before me
"a subcommittee eli one. | regard
this az merely an obstructive move ana
an inyitation to have the committee IN
volve itself in intcrminable iitlgaton'
That invitationp of course, the commit
tee will decline, because 1t has mn
portant work to do and 1t Will not be
diverted with side ISSUES.
slhe subject matter Of the examina-
tions Of Deputy Commissioner Leach
and Mr.. Crabtree is not such as TO
make it essential that such examina-
tions shall be taken in executive ses-
sion There is no reason why, II the
CORPORATION Counsel persists in.his at
45tutEc. the examinations cannot ne
conaucted before as many members OF
the committee as may desire to be
present.
tiai to the progress Of the COM
nIittees work that It's examinations
sheaild be conducted in executive ses-
zion End before subcommittee OF
one, and the Corporation Counsel shall
then repeat his obstructive move the
committee will, of course, assert its
rights and proceed accordingly.
Seizure of Records Attacked
efFhcrc is no question in my mind, or
in tlat OF the associate counsel, that
the committee had full power 10 desig--
nate me as a committee OF one, and
that / am acting entirely within my
powers in examining witnesses in ex-
ecutive session, and in subp@naing
such documents from tho departments
Of the city as deem necessary. This
Is both according TO law and TO prece-
dent. OF course, such examinations are
merely preliminary and preparatory to
the public hearings which will be held
by this committee as by other legisla-
tive committees"
Another issue raised by the Corpora
lion Counsel yesterday which may re-
suit in much protracted wrangling
questions the right of the committee
to ifnpound public records.
The Police Department records which
Grant Crabtree was ordered To pro
drce were brought to the committees
offices at SO Park Row by Policeman
Anthony johnson, who was instructed
by Mr. 0'Brien to return them to the
Offices of the Corporation Counsel when
the legislative Offices closed for the day.
TIE attitude Of tho administration,
as outlined yesterday by Mr.. O'Brien,
is that the committee may have full
access to any and all records at any
time OF the day, but that the papers
mast be returned in the evening to the
departments from which they are
taken. .
In questioning the right of the COM
naittee to impound public records, Mr..
0'Brien offered to join with the investi-
gators IN eXpeditng matters in order
that an early decision could be obtained
from the courts on this and other
issues he has raised.
Nothing to Hide in Queens
The legislators will find no obstruc-
tive measures in their way in the Bor-
ough of Queens, according to a state
rnent given out Yesterday by President
Connolly.
The records of this office are pub-
lie. he said, "and any person is en-
titled to see them. We have no desire
to hide anything. ] said when this
committee was appointed that / was
glad that such action had been taken,
because hoped that the committee
would succeed in bringing out into the
open those persons who have hidden
N the dark and who have busted them-
selves In putting forth criticisms which
they have not had the manhood to
Sather in the open.
he documents which this commit
tee seeks have been gone over nun,
Der OF times, and no one has vet heen
able to find anything amiss. However,
50 tar as ! am personally concerned
there is TO be no star chamber inter-
rogataon. Any questions that the con,
mittee may want to ask me will have ~
be asked and answered in the onen
where the public will be able To ses
and hear all that is said.
understand that ComptroIler
Craig $ the principal source of s1,nnly
OF toe information in the hands of the