The New York herald., 1921-06-19
ENRIGH7 AT inquiry,
BUT MAY NOT talk
Will Honor Subpoena From
Meyer Committee, Though
Refuse to Give Aid.
LEACH VICTORY A GUIDE
State Investigators Seek In
formation on Gambling and
Dry Expense Funds.
LEACH VICTORY A GUIDE

Interest in the proceedings of the
joint legislative committee yesterday
centred in the proposed examination Of
Police Commissioner Enright to-mor-
row afternoon by a subcommittee Of
two Republicans and one Democratic
member of the whole committee, Sem
ator Meyer sitting as one of the Re-
publicans and chairman of the sub
committee. Ex-senator Elon r. Brown,
1t is expected, will conduct the ex-
animation and Leonard NJ. Wallstein.
who has been in Buffalo with the
Lockwood committee, probably will as
sist as associate counsel. Assistant
District Attorney James z. Smith, who
is on the Meyer committees staff, also
will be present to prompt the ques-
TONERS.
The examination presumably will be
behind closed doors. In which case It
may be that Commissioner Enright will
refuse to answer questions by advice Of
Corporation Counsel John p. O'Brien.
who said yesterday that as long as the
subpoena was made out and served in
regular form on Commissioner Enright
Friday afternoon there would be no at
tempt to evade appearance. The COM
mittee's subpoena, in other words. will be
honored so far as getting Jurisdiction
over Commissioner Enright goes. but
what will happen after he appears and is
called to be sworn rs another question.
The Corporation Counsel had not decided
yesterday what the course would be.
Much will depend, he thought upon the
attitude of the committees counsel
whether the hearing is public or private
and whether a representative OF the Cor
poration Counsel or Mr.. o'Brien himself,
is permitted to be present.
If the examination Of Enright is to be
conducted as have those of other public
officials or employees of the city so far.
behind closed doors, without the pres
ence of the city's lawyers and In the
manner OF what Mayor Hylan has de-
nounced as star chamber proceedings,
II is most likely. THE New YORK HER
AID was informed last night, that En-
right will refuse to be sworn or. IL he
consents to be sworn, will refuse to an
swer any questions. by advice of coun-
sell"
This is the position taken by First
Deputy Commissioner John A. Leach,
who was summoned before the commit
tee a couple OF weeks ago and refused
to be sworn Justice Whitaker. in the
Supreme Court. upheld Leachs position
as presented by the Corporation Counsel
on the ground that for Chairman Meyer
to constitute himself, as was done in the
Leach case. a subcommittee" OF one
member of the whole committee was
unlawful. Justice Whitaker did not pass
upon the other points presented by the
Corporation Counsel in support of
Leach's refusal, TO the effect that all
hearings should be public and that
Leach had the right to advice from the
citys law department and TO the pres
ence at the hearing OF representative
of the Corporation Counsel.
Justice Whitaker dismissed the pro-
ceedings brought against Leach by the
committee to have the Deputy Commits
sioner--he was at the time Acting Com
missioner because Of Enright's absence
from the city--adjudged in contempt
Senator Brown as counsel for the com
mittee has now appealed from the Whit
aker decision and has asked the Appel
late Division. which has adjourned for
the summer. to reconvene on June 20 for
the purpose OF hearing the appeal In the
Leach case. The application Is made to
the Appellate Court In the form OF a
taxpayers petition, and n the court
which actually will meet on June 20 70
hear such original notions" decides
that the Leach matter is of sufficient
public Importance and urgency that the
appeal should be heard forthwith instead
OF when the court reconvenes as a whole
next fall, date will be set for the argu-
ment. Possibly the court will decide 10
hear the appeal forth with. or II may lay
Continued on Eighteenth Pd0o,