New-York tribune., 1876-02-07
EMMA MINE SCANDAL.
LEGAL PROSECUTION BEGUN.

LONDON, Jan. ga special meeting of the share
| holders Of the Emma Mine held yesterday to
consider the resolution of which gave the substance
fortnight ago. The resolution is Of Importance
| enough to be quoted in full
| That Mr.. Alexander william MacDougan Nhe Chair
OF the Board Directors and holder OF 29O0 shares
In the Company be requested and he Is hereby author
Company, in any proceedings whether at law or In
equity, or otherwise lie may be advised TO take against
the persons who sold the Emma Mine and other properly
to the Company and against the promoters and original
directors OF the Company against any OF them or any
other pcrsons connected with them respect OF all or
Of their actions aud transactions receipts payments
| or disbursements In relation to such sale, or IN IN
| respect OF the formation OF the Company or the
issue or allotment of shares therein, he having
full personal discretion to the conduct and
To prosecuting and enforcing withdrawing or discon-
nuing or compromising the same. and that the directors
and all officers OF the Company, by all means In ther
power assist the said Alexander william MacDongal
transactions relating To the matters and in conduct
Ing suci proceedings, aud that lie ana they DC pefeu
for the purposes Aforesaid, fun and free access TO ana
control of ali books papers and documents belonging To
the Company; provided That be ore eolnmenclns any
such proceedings tie sud Alexander william MacDOuSal
do execute to the Company guarantee TO tne company
r forn Ia be approved on his behalf ana that ol the
COMPANY against ali costs, Charges a. expenses in
spect of legal and other proceedings which may be
under the authority oil this resolution
This resolution was adopted, only seven share
holders dissenting; the rest of full meeting voting
Yea and Mr.. MacDougall having in his pocket
besides 10000 proxies. 1t Ia the beginning of the
end. Under ITS authority Mr.. Albert Grant was
served yesterday afternoon with writ. 1t gives
authority equally to prosecute the venders and it is
possible Mr.. TIcnor W. Park may presently hear OF
something not altogether to his advantage. And 1t
gives authority to prosecute the original directors
of whom-the fact may already be known III
America - the American Minister, Mr.. Schenck
was one. AS that is, perhaps the part OF the
Il.
seemed right to ascertain whether any effort
will be made to reach Mr. Schenck, as well as the
other original Directors / fear there is no doubt
that there will he. 1t is Mr. MacDougalps intention
and tho resolution adopted yesterday gives him
full powcr-to prosecute Mr. Schenck on a criminal
charge Of fraud. There is o question, OF course,
whether our Minister'S diplomatic privilege does not
protect him. rather, at what point this privilege
begins Counsels' opuionis to be taken on this, and
fl quote tho language used-if it does
not exempt Mr.. Schenck from criminal pro-
ceedings, he will be placed in tho
dock with the rest. In any case SUMMONS
will be taken out against him, and he Will have TO
choose whether to take refuge under tie American
Eagle or not 1t will certainly be the first time that
respected bird has been called on to shelter an
American Minister in Europe from justice All the
writs will be served in few days unless delayed by
legal formalitics.
As Mr. Schenck has taken a good deal of credit for
gong before the Commission in the suit against
Park 10 testfy-waiyng his diplomatic privilege
ON that occasiJn-it must be presumed he VIII be
equally ready 10 waive II now that an opportunity
il offered him for still searching inquiry INTO
the hi -tory OF his dircctorship He then appeared
not only willingly, said his London weekly organ
but rcj lcing III the opportunity IL may be Wen 10
quote his Language, which has not so far ~ know,
ant in view of the fresh opportunity that will be Of
fercd him for vindication.
Mr. Chittendcn, counsel for Park introduced Mr..
Schcnck with the remark that he. Chittenden. had
asked him TO waive his privileges and come here
and submit himself TO examination" II under
stand" continued Mr.. Chttenden, " that he has con-
sented to 10 So and now offer him to sou on behalf
Of the plaintiffs for examination - witness III ~
impossible not to stop for instant to admire the
coolness of Mr. Chittenden. counsel for the defend
ants, who prOcurcs the attendance OF witness
known IL be intimately connected with the defend
ant. Park, and then offers him witness for the
plaintiffs. Surely there could not be better lawyer
for a very bad case than this Mr.. Chittenden of
New-YorA The plaintiffs naturally declined the
too generous proposal, and Mr.. Chittenden was
finally obi ged to examine Mr. schenek himself
Then Mr. Schcnck ntervened:
Let me make this remark. do not whose witness
! that there is an opportunity OF putting IN an
authentic shape as my test,no9y, W M "o m M rrer mn
behalf ot the plaintiffs In regard o any cohetli1h lay
have had with the Emma Mine very cheerilly waive
any objection that might maze either on account o iuy
immunity from process. or or any Other re,s9n ana con
sent nj orco to become "A witness VIII add that aIn
well satisfied with the opportunity. wheh 10 tue very
first have ever had OF stating Whatever rea'eS W my
connection with the Emma Mining Company.
And twice over Mr.. Schenck afterward repeated
the expression of not merely his willingness, but
his desire to be examined. Now by no means as
sume that Mr. Schenck feels any desire to be crim
naly prosecuted for conspiracy to dcfraud his fe-
observation-disclosures. | think it extremely probable
he does not But what wish to point ont Is that
the reasons for waving his diplomatic privilege are
lust as cogent in this in the other. Indeed
more so For is idle to pretend that Mr. Schencks
testimony is a vindicaton. 1t has not been accepted
as such either in England or America. On the con-
trary il has left him in a worse position than ever
for il convicted him his own confession OF having
borrowed money from Park, the vender, to
buy shares in mine Park wanted to sell, and then
giving Park and his confcderates the use of his name
and official title to help the sale to the British puDc
"A transaction which London Journal has some
what bnntly called bribe. In short Mr. Schenck
has failed i'm the object which he nssuredy had in
waving his diplomatic privilege and testifying.
The reasons for waving il in that instance are there
fore still in force still cogent and urgent. The need
Of vindicaion il greater than ever and the oppor'
tnnity more complete The sole for declining
it, should it be declined, must be the fear lest after
ALL it DO more likely to end in condemnation than
in a vindcatIon
There is of course another consideration; the in
dignity an American Mnisier-and through him his
country-suiers by his being placed in the dock on
N criminal cbargc Rut this is thing Mr.. Schenck