New-York tribune., 1922-03-22
No Retraction
.Due,Unternyer
Writes Miller
Charges Against Machold on
Housing Bills' Defeat Far
From Reckless in View of
Facts, He Tells Governor
Says Speaker Arrogant
Reminds Executive Senate
Had Time to Pass Trade
Act That He Approved


---------
In letter replying to one from Gov
ernor Miller advising him to retrac
charges he made against Speaker Mac
hold for the legislators part in defeat
ing certain of the Lockwood housinf
bills, Samuel Untermyer counsel to tn,
Lockwood committee. told the Gov
ernor yesterday that "Mr. Machold ha,
not yet received a fraction Of tn
criticism that he deserves for his con
trolling part in killing these measures
In his newest letter Mr.. Untermye,
by the Governor for the defeat of the
bills. Concerning Governor Miller,
statement that he did not intend "tc
imply any criticism Whatever for the
delay In introducing the bills just be-
fore adjournment" Mr.. Untermye,
counters as follows:
The bills were introduced as prompt
~ as possible. Our public hearings
did not terminate until the end OF
January and the report, together with
all the bills, were out of my hands and
on the way from Florida to the commit
tee on February 1s, as indicating that
the date Of the submission OF the bills
has little or no bearing on this sub
ject. Permit me to remind you that
the Metropolitan Life bill, which was
introduced six weeks earlier and on
which there had been hearing three
weeks before the adjournment, was not
acted upon by the Assembly until the
day the session ended
knowing, as l did, that Mr.. Nc
Wh1nnen, the vice-cha!rman Of our
committee, who introduced the trade
q c nY
had charge of the bill for the commit
tee and who had been placed bv Mr.
Machold on the all-powerful Rules
Committee, was opposed TO the bill. al
though ne promised to see 70 it that it
was brought to vote on the floor of
the Assembly, I took the precaution
before leaving Albany the night before
the adjournment to arrange with As
semblyman George Jesse, recent
member of our committee, to make the
necessary motion to discharge the
Rules Committee from consideration of
the bill, and in that way endeavor to
secure vote and to place the membe RS
on record.
This Mr.. Jesse intended to do, but
when he notified the Speaker that he
intended to make such a motion the
latter promptly told him that he would
not be recognized and would not be
given the opportunity to make the mo-
tion. The Speaker, therefore, boldly
and arrogantly, delegated to himself
and despotically exercised the power
to defeat this bill, after it had passed
the Senate and after he knew it had
your approval, and after he doubtless
knew that with your approval it would
have passed the Assembly, by refusing
n cvyv hot
for it. WV
ain the light Of these and other
facts to which | will refer. do not be-
lieve you will care to maintain the po-
sition that the Legislature require d
further time for the consideration of
the measure. Mr.. Machold repeatedly
asserted his intimate acquaintance with
the bill, and the members of the As
sembly had had as much time to study
1t as had the members of the Senate,
by whom it had been previously passed,
before 1t was known that the bill had
your approval. l therefore repeat that
under the circum stances the action of
Mr.: Machold is indefensible"
Mr.. Untermyer asks what excuse
had Mr.. Machold "as a director of a
hre insurance company and in view
Of his financial relations for his activ-
tiles IN exerting himself to kill the
bills to curb the fire insurance in
terests and bring them under state
regulation which they have managed
all these years to escape, to the great
injury of The public, which has been
exploited and despoiled to the extent
OF hundreds of millions of dollars an
nually" ''
In answer to the Governors charac-
terization of his charges against
Machold as RECKLESS" Mr.. Untermyer
says:
Permit me to remind you that I
have acquired rather intimate knowl-
edge of the insurance business and its
methods. If you will ask a few of the
members of the Legislature in whom
you have confidence concerning the ac-
tivities of political leaders and lobby
lists and the influences that they have
sought to bring to bear on Mr..
Machold, I think you will find that 7
have exercised unusual moderat;on IN
my characterization Of the situation
that has confronted the committee in
It's championship of this much needed
legislation, most of which the insur-
ence companies have succeeded in de-
feating. ''
Because Of my great admiration for
and confidence in you as a man and a
lawyer, and jurist, frequently ex-
pressed. publicly and privately, and
which is not in the least abated bv
TINS incident, none of the unpleasant
experiences to which ] have been sub
Jected in this public service has been
so dlstasteful to me as this contro-
versy. But from my point of view it
was unavoidable, for I am convinced
OF the righteousness Of my cause, and
when your time permits I expect to
convince you
"