New-York tribune., 1921-06-12
Brown Seeks
Governors Aid
I'm Graft Probe
Miller Will BE Asked 60 Com
vene Appellate Division
20 Hear Appeal in the
Leach Contempt Case
Women Aid in Inquiry
Police Practices in Inspec.
ton Of Motion Picture
Houses Are Scrut;nized

Elon R. Brown, former majority
leader of the State Senate and chief
counsel to the Joint legislative graft
investigating committee, left the CITY
yesterday 10 confer with Governor
Miller and request him to convene the
Appellate Division in special term to
hear the appeal of the committee from
the decision of Supreme Court Justice
whitaker in the Leach contempt case.
Brown left for Albany after con-
ference at the University Club with
Senator Schuyler NJ. Meyer, chairman
OF the committee. Following the con-
ference Chairman Meyer said that it
would not be necessary for the com
mittee to convene as 3 whole and re-
appoint committees of three or more
to reexamine all the witnesses who
we're interrogated before a committee
of one.
Ruling in Case Discussed
"Justice Whitaker, in his opinion in
the Leach case" said Chairman Meyer,
"was in error in his Interpretation of
Section 81 of the legislative law. That
section specifically refers to standing
committees of the Legislature, such as
the Committee on Cities, the Commit
tee on Public Service, the Finance Com
mittee, the Committee on Ways and
Means etc. The section so states This
Investigating committee is not stand
ing committee. 1t is q special commit
tee. The section quoted in the opinion
OF Justice Whitaker does not apply to
special committees"
Yesterday Samuel A. Berger, assis-
tant counsel to the committee, lied a
notice of appeal from the Whitaker de-
cision with the County Clerk.
Senator Meyer repeated to a group
Of newspapernen his statement, which
was printed in The Tribune, to the ef-
feet that if it were necessary to have
the resolution creating the committee
amended by the Legislature to broaden
the committees powers and to facili-
tate its work the Governor would be
appealed to.
Nothing will be left undone to
achieve the purpose which the Legisla-
ture had in mind in creating this com
mittee," added Meyer. "If it should be
necessary to convoke the Legislature in
extraordinary session, suitable re-
quest will be made to the Governor,
and | know he would do anything to
assist the committee in rs work"
The request to have the Governor di-
rect the Appellate Division to sit in
special term to hear the appeal was
made necessary because the decision of
Justice Whitaker was not handed down
until Friday, the day the Appellate Di-
vision adjourned for the summer.
"The Appellate Division will sit on
July s, however, to hear original mo-
tions," said Chairman Meyer at will
be at least two or three weeks before
we can get our papers ready and print
ed-for they must be printed in an
appeal-so that we can have the appeal
heard and argued, in all probability, on
the week of the Fourth, if the Gov
ernor, as we are confident he will,
grants the committees request
Private Hearings Planned
The dismissal by Justice Whitaker of
the proceedings to punish Deputy Po-
lice Commissioner Leach for CONTEMPT
in refusing to answer questions before
q subcommittee of one, pending the
appeal, means that sub committees OF
three shall hold the private hearings
OF the committee which were found
necessary to prepare for the public
sessions which are to begin the week
of June 20.
Answering the statement of Corpo
ration Counsel O'Brien that the Whit
aker decision invalidated the prelini-
nary work which had been completed
to date by the committee through it's
subcommittee of one, Chairman Meyer
said:
There can be no invalidating Of the
testimony taken, as it was taken solely
as basis for the examination in pub
lie OF witnesses, and in some instances
merely to determine if the witness
IN almost every instance a city employee
had brought the books. papers and
documents called for in the subpoena
duces tecum."
1t was learned yesterday that the
committee has in its employ women
Investigators. For the last forty-eight
hours they have been going over GER
Tain M records in the Police Department.
Ihere was report current yesterday
'hat these women were investigating