New-York tribune., 1921-06-11
Justice Whitaker, i'm Dis
missing Contempt
Proceeding, Says Com
NEUTRALITY-SUSPICIOUS.
Meyer Asks Special
Appellate Session
4 Necessary, Chairman
Will UrgeExtraordinary
Meeting of Legislature
to Grant More Power

Governor Miller will be asked TO-
day to request the Appellate Division
of the Supreme Court, which ad-
lourned yesterday for the summer.
to reconvene at once that an appeal
by the joint legislative investigating
committee from decision handed
down yesterday by Supreme Court
Justice Edward J. Whitaker may be
heard. If necessary the Governor
will be requested to convene the Leg
islature in extraordinary session to
Offset the possible effects of Justice
Whitaker's ruling.
Senator Schuyler NJ. Meyer, chair
man of the committee, made this
announcement last night after he
had read the opinion of Justice
Whitaker in the proceedings brought
by the committee to punish Deputy
Police Commissioner John A. Leach
for contempt in refusing to testify
before Senator Meyer as a sub-com-
mittee of one.
Justice Whitaker, in his decision,
sustained the contention of Cor.
poration Counsel John O'Brien. that
Chairman Meyer had not been ap-
pointed committee of one to inves-
ticate, but was delegated to appoint
subcommittee, and that the legis-
lative law provided especially for the
appointment of subcommittee of
not less than three members. The
justice cited the resolution adopted
by the Legislature creating the COM
mittee as well as the statute men
toned in justification of his decision.
Immediate Appeal, Says Meyer
Chairman Meyer was anything but
pleased when the decision of Justice
Whitaker was read to him.
"The decision" said Meyer, .'its in
veEN we'll with the obstructive and
dilatory tactics of the Hylan admins
tration. The decision of Justice Whit
aker will cause temporary delay, but
it will not obstruct our work in the
end. disagree with Justice Whitaker's
decision and his Interpretation of the
resolution creating the committee, as
we'll as with his Interpretation OF Sec
tion 1 of the Legislative law which
he cites.
81 shall appeal to Governor Miller
the first thing tomorrow and suggest
that he request the Appellate Division,
/ which adjourned to-day for the SUM-
mer, to sit so that it may hear our
| appeal. The committee will appeal at
| once from Justice Whitaker's de-
| cision."
The request to have the Appellate
! Division sit to hear single case, after
it has adjourned, is said to be unpre-
cedented. This was called to Chair
man Meyers attention, and he was
asked whether, in the event that it
was not found feasible for the Appel
late Division to sit. request would
be made of Governor Miller to convene
the Legislature in extraordinary ses-
| sion that the resolution creating the
committee might be amended and legis-
| lation passed to give the committee
! the power which the. court held it did
not have.
Extra Session if Necessary
81 shall make such request if it is
necessary" replied Meyer, "and
know that Governor Miller will do what
ever is required to facilitate the work
of the committee. / shall mail a copy
| of the decision of Justice Whitaker to
the Governor this morning"
Justice Whitaker's decision reads:
Motion to punish subpenaed wit
ness for contempt for refusal to be
sworn before an individual member of
the Legislative committee. The resolu-
tion of the Legislature, in so far as it
| is material to the question, provides:
| 1.-The committee may at any time,
and from time to time by resolution OF
majority of its members, be subdi-
! vided into subcommittee of such num-
Der as it may by majority determine,
] which subcommittee may sit at the
same time and place or at different
! times and places in the State Of New
/ York during the session of the Legisla-
ture, during its recess or after ad-
! journment, each such subcommittee to
appoint its own chairman and TO act by
! majority vote of its own members,
and to administer oaths and to issue
/ subp9nas requiring the attendance OF
witnesses and production of books,
papers and documents, and to do all
other acts and things that may be done
| by the committee as a whole or that
may be delegated to it by the full com
mittee.
Text of Committees Resolution
Pursuant TO that power, the whole
committee passed the following resolu-
tion:
Resolved, That the committee here
by designate the chairman as a sub
committee of this committee and au-
| thorizcs the chairman to appoint so
imany additional such sub-committees
as he may determine, consisting of one
or of three members each, as may be
determined by the chairman. The
chairman as such subcommittee and
such other subcommittee as the chair
man may appoint, shall have and shall
exercise all of the powers provided
with reference to such subcommittee
| by the joint resolution constituting
this committee; provided, however, that
theS subject matter to which the juris-
diction of any such subcommittee shall