The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-05-24

| Special Committee OF Select Council, of which
Colonel Page is Chairman, appointed to iuvesti-
| gate the management OF the Gas Works. met In
| Select Council Chamber. The chairman asked
| permission of the Committee to submit, ano
| asked authority to publish the following com.
| munlcatlon, which he had sent to the Trustees
OF the Works, but as yet had received no
| answer:-
| To the President and Board Of Trustees of the
| Philadelphia Gas Works.--Gentlemen; am au.
thorized and directed by the special Committee OF
| seect Council, appointed under a resolution of that
| body, copy OF which Is htreunto annexed to ex.
| anime INTO the condition and management of the
works under your charge, to inform you that IN the
performance OF the duty assigned them they re.
quesed the attendance OF your ClIef Engineer who,
| appearing before them, positively refused TO be
sworn or affirmed and examined or give evidence IN
any shape or form as to such cOudiiiOn and manage
nent, denying entirely the right and authority OF
| the committee representing q branch OF the clIy
government to make such investigation or to swear
In view of the provisions of the ordinances OF
March, 1886 and December, 1885, the reco ynIton OF
your IN Office of said ght tue opinIo
OF Chief Justice Lewis ~ the case of the Western
Savings Fund; the invitation OF your President in
MS last annual report, not only inviting but soltI
| lnR Cohncs TO make an examination and the face
That the Committee have twice VISITED the works
where they were ofhc,ay and properly received and
recognized by you, and everything exhibited and
explained 10 them, they desire know whether the
extraordinary conduct of The officer referred 10 is
approved or uphold by your boardl
have been further ms cd 10 ask whether the
DOCKS accounts, and papers relating to the said
woIks which may at any time be in your possession
or any OF your Ofhcefs or agents." provided bY
o. dinanc, OF December, 1885, will be submitted TO
the examination OF the SAID COMMITTEE or such per.
son or persons as may be du appointed by them to
make the same: and when and where such papers
books and accounts can and may be seen or exa.
mlnedE very respectfully, vourloDedien servant,
JANIS PAGE, Chairman.
The Chairman also desired the committee to
give him permission to publish the communica-
tlon which he received from the City Solicitor,
In reply TO questions whether a Council Com
mittee or Councils had the power to subpoena
Witnesses" and also to allow him to read in mis-
place, to Select Council to-day, so much of the
phonographic report OF the proceedings of the
committee as related to the Chief Engineer, Mr.
Manuel, refusing to be sworn.
The communication from the City Solicitor is
as tollows:-
CITY SoLIoIToR's OFFICE, PHILADELPHIA, May
Special Committee of Select Council Your favor
OF b h instant was received by me this morning.
You request my opinion as to the right and power
of your Committee under the ffieth section Of the
act OF February 2, 1854 r. L 49, to which you refer
me, to call witnesses Geiore you by subpoena to
anime them under oath and in case OF their refusal
to attend, or, attrnelng, to he examined what re-
medy the committee nave under the law to compel
attendance ana TO en- orce the giving Of testimony"
i have heretofore been called upon to express an
oplmon upon the questions thus presented, and
since the receipt of your favor nave reconsdered
the subject with some care
The result OF my reflect on upon the law is that
the Legislature, in statute TO winch my atsen.
ton has been called, gives to any committee of
COUNCILS the power 10 enforce obedience to q
subpoena Dy attachment, or to commit for contempt,
remedy IN the case presented IN your letter.
1t may be suggested that this view practically de-
teas the object of the law and that the greater the
fraud IN any supp sed case the less would be the
opportunity OF a chance of investigation THIS Is
much 10 be depored; but on the other hand It IS
TO be remembered that the power to at ach and to
commit means to lmprison perhaps indefinitely,
ana know OF no case in which it can be lawfully
exercised without an express grant of authority.
Thus the act of June 16 1886, 5 % Up L 993),
coniers the power upon Courts to issue wrIts of
subpoena, adding. under tne penalt es herewith ap-
pended, viz. :-"Under such pains and penE ties as
by the rules OF the common and course OF prac-
appointed" (Act of May %, l722, Il 38; smith i491
The mower TO the Leglsla ure itself to issue sub.
pnhas is expr, ssy complied with the grant OF autho.
the allowance of witnesses, and shall have power
0y dlr, ctlon OF The House to issue a wgIrant of
491.) " N'O-' 1'A'
The Legislature have also deemed it necessary to
press terms, on Arbitrators tact June 16 1886 + L.
66SD On Auditor. TACT april IL, 1S4S, p. L.
+ co L 546l On Registers OF Wills, TACT March i6'
1882 So r. l.. 1867 On Commissioners TACT Febru,
mon Pleas laSt Of Apri g. 1858 IS, p L, Sos Snd
Sm Sn the 5 aSS HsFCh s@b 80 l
In 1864 this question was before committee of
Select Counci, OF which X Spencer Miller, ESQ
was chairman, and in reph to a letter from hlm
reconsidera ion of the subject reference TO your
conn uncatton has simply led me to make some
am, very respectfully and truly yours,
+. CARROLL BREWSTER,
City Solicitor.
The requests we're granted.
Colonel Page continued-He said that he had
not been influenced by any partisan motives in
pushing the investigation; but on account of
the great clamor raised by the public he had
been induced to move the appointment of a Joint
committee OF Councils to investigate the matter
Common Council had refused to concur in the
resolution, consequently the Special Committee
OF Select Council, OF which he was Chairman,
was appointed.
He denied that politics had anything to do
with the subject, and was confident that his
Committee were with him in the matter
Mr.. Gray moved that the members of the com.
mittee exert themselves to-day to prevent the
passage of the resolution, which originated in
Common Council on Thursday last and which
provides for the appointment OF a joInt com.
mittee to investigate the same subject. He
SAID that the resolution was passed in Common
Council with the intention to ignore the special
committee, and that Select Council would CON
slder the same to-day. He believed that it
should not be cOncurred in. Tue Trustees nm.
derstand t0at this committee intend to
thoroughly investigate the management of the
works, and by having the JOINT resolution passed
IN Common Council they expect q new Commits
tee from Select Council to be appointed.
He knew the Chairman Colonel Page was
not mfuenced by any party motive IN pressing
the investigation. He Was in favor of thoroughly
sitting the affair, and wanted the Committee TO
continue In their work.
Colonel Page moved that when the Committee
adjourn 1t adjourn TO meet again on Wednesday
afternoon next, at halEpast three O'Clock.
On motion the committee adjourned,
WANTS
THREE GENERAL AGENTS WANTED To