Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-02-05
..NELL|GAN BOARD
GETS FULL POWERS
Governors Commits sion
Starts Today to Aid Grand
. Inquest in Road Case.
BY WILLIAM J. WHEATLEY,
staff Correspondent of The Star.


!, staff Correspondent of The Star.
STATE HOUSE, ANNAPOLIS, Md,
February 5.-Prohing of the thefts of
State Road Commission funds will be
under way today by two lnquiring
bodies. the governors commission, also
known as the Nelligan committee, con-
tinuing its investigations in Baltimore.
and the grand inquest. composed OF
members of the General Assembly. will
have its first hearing here when States
Attorney Herbert r. O'Connor, who
prosecuted the peculators in Baltimore,
is expected to tell what he has found IN
investigations before the two grand
jury Investigations and the subsequent
criminal court prosecutions.
The Michigan committee. which is
composed Of John J. Michigan. George
NJ. Shriver. Jonathan X. Voshcll and
Edwin j. Baetier, will today function
for the first time as an official body.
The Legislature last night in less than
two hours rushed through the resolu-
ton giving this committee power to
summons witnesses and call for records,
as well as to punish for failure to ap-
pear, refusal TO testify and for perjury.
The measure makes such ofenseS a
misdemeanor, punishable by fine of
from $500 to 81 1000, imprisonment for
one month TO Il year or both line and
Imprisonment.
No Dissenting Votes.
Not even a dissenting vote was re-
ceiyed against the measure III the House.
Daniel c. Joseph of Baltimore, leader
of the insurgent bloc, and Joseph A.
Wilmer of Faulkner, Charles County,
Republican floor leader i'll the House,
seconded the motion to suspend the
rules which gave the bill right of way.
But the way was not so clear in the
Senate. where it was finally passed
under suspension of the rules with
one dissenting vote, that of Senator
Harry o. Levin of Baltimore, Repub-
lican, who opposed the hurrying
through of the measure. He alleged,
as he did before the grand inquest, that
the Legislature was Surrendering its
prerogatives to the committee.
Senator Walter j. Mitchell or La
Plata, Charles County. Democratic floor
leader. took issue with the Baltimore
Senator, and said that if he thought it
robbed the Legislature Of any Of its
mowers he would oppose it. Senator
S. Scott Beck of Chestertown, Kent
County, chairman of the grand inquest,
told the Senate that the legislative
committee had decided that the Nelli-
gan committee was more competent to
conduct certain phases of the lnVeStl-
CATION. Senator Daniel B. Chambers
of the fifth Baltimore district said the
bill should be passed quickly.
Gov. Albert G. Richie, within a few
minutes after the passage OF the meas
ure by the Senate, signed it, and a GER
titled copy of the measure will be OBJ
tanned from the clerk OF the Court or
Appeals here today and taken to the
committee at Baltimore, so that it will
function for the first time this after
noon under its added powers.
Gives Broad Powers.
AS finally adopted, the measure gives
broad powers to the Michigan committee.
It is to ascertain any thefts or wrong
full diversions or uses of money, sup
plies or other property of the State
Road Commission which may have oc-
cured; the procedure, legality and pro-
priety of purchases and of the award
of contracts, and also the performance
of contracts and the payments there
under; the accounting methods and
business procedure of the State Roads
Commission; and any and all other acts
of the commission which the investi-
eating committee may deem proper
to investigate in the public interest.
In addition to these powers, it is
authorized to summons and require the
attendance of witnesses through the
Offices of the sheriffs, or by subpoena
issued by any member of the committee
and served by any person designated
to do SO, and to require the production
of all books, documents, accounts and
papers the committee may deem rel
evant and to examine all witnesses
under oath.
The committee heretofore has been
without power to call witnesses or to
put them under oath. It could merely
Invite them, and If they refused to
come that would be the end. But the
grand inquest decided that the Nelli-
gan committee was so much better
equipped to handle the investigation,
because of the fact that it is studying
thousands of road contracts awarded
during the past eight years, and Is
cleaning information on which to base
scientific Investigations, which give it
the information on which to prosecute
an intelligent inquiry. 1t was pointed
out that the legislative committee does
not have at hand the well organized
machinery which has been set up by
the committee, and could not perform
the vast work that would be required
III b11G lSSS tlldll W ddyo AClIldI1llA1E Va
the current session of the Legislature.
Delegate Paul Berman of Baltimore,
Republican, sought to have the House
pass last night resolution calling on
the governor to furnish each member
of the House with a copy of the report
of Haskins & Sells, the accountants
who audited the books of the State
Roads Commission.
O'Connor this afternoon is expected
to give to the grand inquest general
picture of the results of the inyestiga-
ton by his Office to date, including
the inquiries by the two grand juries in
Baltimore, which resulted in nearly two
dozen indictments, and almost dozen
convictions.
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