Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-08-26

the clearly established principle that
general investigations of local govern
ment are and should be matter for
the consideration of the Legislature and
are not properly q function Of the Ex-
ecutive. I also pointed out that If, in
the Legislatures Judgment, a general
investigation Of any municipality seemed
warranted. 1t was not alone the right,
but also the clear duty, Of the Legisla-
tuTe to direct such an investigation to
be made by itself or its agent.
Your honorable bodies did so decide
in the case of the City Of New York
Recognizing that it was your sole re-
sponsibility, you appointed, by resolu-
ton, special committee as a direct
creature of the Legislature. approved
specifically an appropriation Of 100000
for the use of this committee.
In language which cannot be other
wise interpreted, the Legislature IN its
resolution granted immunity through
this committee to such witnesses as
appeared before It. That such was the
intent Of the Legislature Is not mat
ter that can IN any way be debatable.
But a recent decision of our highest
court has held that the Legislature ex-
ceeded It's power under the constitution
in its attempt to grant this immunity
by resolution. Complete immunity can,
q
of your honorable bodies cannot be
carried out. Your committee, acting by
majority vote, has appealed to me TO
call the Legislature In extraordinary
session IN order that you might correct
this situation by enacting in the form
of q law the right to grant complete
immunity Is originally intended IN the
resolution you have already adopted.
1T Is the duty Of the executive to
49, DO h. al atf Nya
branch in the performance Of its duties,
as it Is equally the duty of the Legis-
lature to uphold the hands Of the Gov
erflor in the prosecution Of such matters
as are put under his jurisdiction by
law.
IN accordance with this obligation I
have called you together for the prr-
pose Of considering the enactment OF
q law granting, through the Legislative
Committee now investigating the con-
duct of the affairs Of the City of New
York, complete immunity to witnesses.
1t is important that this investigation
be not delayed and needless expense
incurred, and that this matter be de-
cided, therefore, by your honorable
bodies at the earliest possible moment.
It must not be confused or entangled
with other legislation. It is a question
that must be decided on its own merits
without delay.
ut Is my intention before adjourn
ment to lay before you other imminent
matters. do not do so at this time
because / do not wish to hinder or
impede your action on the question of
the powers of this committee by stimuli
taneously laying these other matters
before you.
IT, therefore, pursuant to article 4,
section 4, Of the constitution, recon-
mend for your consideration such legis-
lation as may be requisite or desirable
to endow this committee with power to
confer upon and to effect in behalf Of
any witness or witnesses appearing be-
fore this committee Immunity from
prosecution, penalty or forfeiture, or on
account of any transaction matter or
thing concerning which such witness
or witnesses may testify or produce evil
dence, documentary or otherwise, be-
fore the committee in obedience to its
subpoena.
FRANKLIN d. ROOSEVELT.