New York State Joint Legislative Committee Hearing Transcripts

A joint legislative committee was established by a concurrent resolution in both houses of the New York State Legislature to inquire into manufacturing and labor conditions was established on February 25, 1926. Senator James C Truman was named chairman and Henry D. Sayer served as counsel and executive secretary of the committee.

The committee held hearings on the operations of the State Department of Labor, the Bureau of Workmen's Compensation, the State Placement Service and the efforts of state and New York City officials to regulate private employment agencies.

On January 23, 1928 Governor Alfred E. Smith appointed Lindsay Rogers, Professor of Public Law and Government at Columbia University the thirty-third Moreland Commissioner to investigate the operations of the State Department of Labor and the Bureau of Workmen's Compensation Insurance. It was Governor Smith's opinion that the Joint Committee was being used by the Republican Legislature in an attempt to discredit a Democratic governor.

The Moreland Act of 1907 was an attempt by the proponents of good government to prevent special interests from influencing public policy. The act gave the Governor power to investigate the activities and administration of any department, bureau or division of the state. Although the funds were appropriated by the Legislature, disbursement was to be at the direction of the governor, who was given all the power possible under the Constitution to institute and carry out such inquiries as he deemed important.

When the Legislature learned of Roger's appointment it asserted that Governor Smith sought to "white wash" his Administration of these departments and extended the life of its Committee to March 12, 1928 and later to March 1, 1929. A split between Senate Assembly Republicans, however, also produced a resolution instructing the Committee to cooperate with the Moreland Commissioner.

Rogers presented his report on the first and fifteenth of June,1928. The Chairman of the Committee, James C. Truman asserted in an open letter on the twenty-seventh that Rogers gave the impression that all was well in the Department of Labor, although he had found as much mismanagement as the Legislative Committee. Rogers was invited to appear before the Committee to discuss the activities of the Department and his suggestions for reform. Rogers submitted his final report on December 1, 1928.

In the meantime, on May 28, 1928, the Supreme Court of the United States decided in the case of Rebnik vs. McBride (277 U. S. 350) that, while the state had the power to license and regulate the business of an employment agent, it was not affected with a public interest so as to allow the state to fix charges for the service.