New-York tribune., 1921-06-11

N"'N NbS sSSNANAiOu iuAStuCu To dp-
point him a committee to investigate
with directions or limitations, the reso-
luton would have amounted to dele
cation of the entire power of the com
mittee to one individual member.
Acting under his resolution to APP
point sub-eommttees, the chairman APP
pointed himself subcommittee of
one and proceeded to conduct the in
vestigation.
This power to appoint sub-commit-
tees could not under the terms of the
original resolution be delegated to one
of its individual members.
Moreover, Section 81 of the legis-
lative law provides as follows:
Sub-committees. Whenever any
standing committee of either house of
the Legislature shall be required to
make an inquiry or Investigation such
committee may appoint sub b-commit-
tee of not less than three of its own
members to make such inquiry or in
vestlgasion and to take testimony in
relation thereto, and such committee
or subcommittee and the chairman
thereof shall respectively have all the
powers and authority which are con.
terred by law upon any committee
which is authorized to send for per-
sons or papers and upon the terms
thereof
Could Not Repeal Statute
Ihe JOINT resolution could not and
did rot repeal this statute.
1T would be contrary to usual cus-
'oh' ana IN the courts opinion to
sound public policy, in cases like the
present, for the committee TO delepate
It's powers to one individual member
IA matters that require the exercise
OF judgment and discretion; at least
the right to so delegate it's powers. If
such right exists, should be found in
the express provisions OF the resolu-
1on- Such power should not be read
INTO the resolution by judicial CON
struction and Interpretation. 1t would
serve no purpose upon the determine
tlon of this motion to discuss the
various cases and precedents cited bv
the parties and to enter into an ev-
lehoed argument to sustain the conclu
SION at which the court has arrived,
aor Is IL any part of the courts duty
10 make observations upon the motives
OF the respective parties.
IN so lar as sitting in open or
secret session, think that is q mat
ter entirely within the best Judgment
ana dlscretlon of the whole or a sub
committee"
Sub-Conmittees to Continue
Chairman Meyer said that the COM
mittee, regardless of the decision nf
the court, would continue holdinr hear
ings before subcommittee of one.
livery member of the comD,;tt.a
democrat and Republican," said Never
was appointed subcommittee of one
in addition, there were appointed
t%eiTe sub committees of three on
"hlch s.,.,a the democratic minority of the
esE.mittee were represented"
oorpar&tion Counsel O'Brien. who
missioner Leach, commented last night
on Justice Whitaker's decision as FOL
lows: 4o4
The decision of Judge Whitaker
sustsins the contention which | hava
made from the beginning with respect
to the investigating committee. that
chairman Meyer had no power to take
,estlmohy as committee of zone; that
ne had no power to appoint committees
oi clther one or more, but that sub
cofnmttees must be appointed by the
w%hele comnittee .and may not be less
than three
Says Testimony Is Invalidated
The practical result of this decision
is the invalidating of all of the testi-
mony taken before Senator Meyer or
any OF his committees appointed by
him, the court having held that hss
could not appoint himself a sub-comg
mlttee, nor could he name committees,
OF any number, this power being re-
served to the whole committee
1t is imperative now that the whole
committee meet and start over again
the matter of appointing sub-commit-
tees which shall be not less than three.
/ assume that the whole committee,
when they meet and designate sub
committees, will follow the resolution
passed by both branches of the Legis-
lature, which provided that the major
ity and minority leaders of both houses
should be members of all committees
ex-officio.
"The decision of the court in this in
stance will doubtless arouse Senator
Meyer and his colleagues to a fuller
realization of their obligations to OBJ
serve the law, to keep within the
bounds of the authority conferred by
law upon them.
Approved by Full Committee
Chairman Meyer said that Corpora
tion Counsel O'Brien was in error in
assuming CT inferring that he had
appointed the subcommittee without
the whole committee acting upon the
appointments.
What happened was THAI / selected
the subcommittee and submitted the
list to the whole committee, which
thereupon formally elected them sub
committees" said Meyer.
Whatever may be the effect of Jus
tice Whitaker's decision on the COM
mittee, it is regarded as the beginning
of row of extraordinary proportions
and with all sorts of possible ramifca-
tions
Earlier in the day Chairman Meyer
issued an order forbidding the attend
ance of Corporation Counsel O'Brien
or any of his assistants during the
private examinations being held before
subcommittee of city employees.
Meyer, in explaining the purpose of the
order, said that the presence of legal
representatives of the city had proved
to be obstructive to the committees
investigation.
License Records Subp9naed
O'Brien. in turn, characterized the
order of the chairman as illegal and
un-American, and referred to the pri-
vate hearings as star chamber proceed
ings. He suggested that committee
of citizens be appointed to "investigate
the Investigators" and charged that po-
litical motives inspired the rule for
bidding him or his assistants to be
present during the examination of city
employees.
Yesterday the committee subpenaed