New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-07-02
Court ForIDids
Secret Hearings
In Meyer Probe
Appellate Division, Refusing
to Punish, ]. A. Leach on
Contempt Charge, Rules
Against Executive Session
Serious Blow to Inquiry
Committee Will Continue
Work If II Requires Six
Months, Says Chairman

The Appellate Division of the Su-
nreme Court decided unanimously yes
terday that the resolution under which
the joint legislative committee was APP
pointed to investigate the Hylan ad-
ministration did not auth orize the ap-
pointment of subcommittee of one,
and therefore Deputy Police Commits
sioner John A. Leach could not be pun
ished for contempt for his refusal to
testify before such q subcommittee.
In the opinion, which was written BY
Justice Clarke, it was said that three
Of the Ave justices held that the COM
mittee had no power to examine wit.
nesses in executive session. Justices
Page and Clarke dissented from the
majority opinion on this point. State
Senator Schuyler NJ. Meyer, chairman
Of the committee, said that he was not
certain that the court intended to rule
on that subject, but if it intended to
forbid the examination OF witnesses
except at public hearings the decision
would have farreaching and serious
effect upon the work of the committee.
Seen as Serious Obstacle
"The policy of the city officials to
hamper and block the committee in it's
investigation has been so pronounced"
he said, that we have been seriously
handicapped working with the facili-
ties we have so far had at our dis
posal. Our difficulties will be inten-
SIZED should witnesses avail themselves
Of the opportunity apparently present
ed to them to object to giving testi-
mony except in open session. We have,
however, obtained considerable infor-
nation of value and we will get all the
facts necessary whether it takes a week
or six months.
The committee will begin holding
open sessions next week. Among the
witnesses who will be subpenaed are
Police Commissioner Richard E. En-
right and Corporation Counsel John P
o'Brien, who will be Intercepted con-
corning the order for all policemen sub
ppnaed by the committee TO report to
the Corporation Counsel before re-
spending.
Members of the committee have as
serted that the purpose of this order
was to gain an opportunity to coach
all Police Department witnesses before
the committee had a chance to put
questions to them. The order itself,
8 copy of which was obtained from a
police captain in Long Island, was made
public by the committee yesterday.
1t follows:
Order Sent to Policemen
Upon receipt of subpoena or noti-
fcation to appear before the Meyer
Joint legislative committee, same is to
be taken to the Corporation Counsel
or, in his absence, to Mr.. Nicholson
assistant Corporation CounseD by the
person who receives the same"
More than a dozen police captains
were at the committees headquarters
yesterday to testify concerning the
sale of tickets for recent police field
days. Chairman Meyer received let
ter from Assem- blyman Charles D. DON
ohue, Tammany member Of the COM
mittee, protesting because the commit
tee made public the fact that police
men had been examined this week at
the committees headquarters.
John NJ. Phillips, who has been