New-York tribune., 1877-01-06
SENATE EAGER FOR TELEGRAMS.

-ur HORSE sINGULARLY NOT so MUCH so-INTER-
rsIING PROCEEDINGS IN BOTH BRANCHES.
lBY TELEGRAPH TO THE TRIBUEE.i
WASHINGTON Jan. Sit is a fortunate thing that
the ouestion of the power of Congress to require the
induction of private kilograms as evidence has no
longer any party bearing, and can now be discussed
pnon its merits In the House Democratic COM
mttee desires to exercise tins power and in the SEN
ate Republican committee seeks 1t, and each hopes
10 gain political advantage by its use. An instruc-
tive and entirely nonpartisan discussion OF the sub
;ect took place in the Senate to-day Mr. Mortons
resolution to compel the Oregon telegraph operator
to proGuce certain messages relating to the trans
mission of money from New-York, which it is sus-
pected was used TO pay the Expenses" OF the
Grover-Cronin electoral fraud.
The view expressed by Senator'S Sherman, Bayard,
Conkllng and others that the power to compel
the disclosure of Geographic correspondence should
be exercised by the Senate with great care ana
under the restrictions that would be observed by
court of Justice. Mr.. Conkling disposed to the
opinon that kilograms should be guarded as care
fully as letters He said that the result OF such acts
as had been committed under color of Congressional
authority in the seizure of dispatches would be that
the telegraph companies would soon be compelled
by their patrons to protect them by destroying all
messages.
the subject the right to require the production Of
dispatches as evidence undoubtedly exists and that
this is rs clear case as can arise. He thought
however that Congress ought to pass general law
relating to the secrecy of telegTaphic communlca-
tions.
Mr. ingalls, compared telegram TO postal card
aud could see analogy between 1t and sealed
letter. If postmaster should see on postal card
evidence of the commission of crime. he certainly
would not be restrained from informing the officers
of justice OF giving testimony in court by the laws
concerning the inviolabity of the mails.
The debate brought out the fact that some States
have laws prohibiting employees of teegraphc COM
panies from disclosing the contents of messages. In
Oregon it is a willful disclosure that is prohibited
In Pennsylvania the prohibition is absolute, but it
has been held by the courts that the requirement OF
secrecy must give way to the ends of justice and
that operators may be compelled to testify to the
contents of messages. 1t turned ont when the
Senate came to vote that the discussion had little
direct relation to the resolution for there were only
three votes in the negative; namely, those OF
Messrs. Barnum, Burnside, and Eaton. The roll call
disclosed the absence of quorum, however, so there
will have to be another vote on Monday.
The House proceeded with much greater caution
to-day when Mr. Barnes, the New-Orleans telegraph
manager, was brought before its bar than when his
refusal TO produce dispatches supposed 10 DC Ill his
possession was first reported. Mr.. Barnes presented
long aud ably-prepared protest. setting forth the
facts and the law affecting the case as understood
BY his counsel and it was read at the Clerks desk.
Proctor Knott then offered resolution directing
that all the papers connected with the case be re-
ferred 10 the Committee on the Judiciary. with in
structions to examine them and report at an early
day. This action evidently took the Republicans by
surprise, as it was supposed from the headstrong
manner in which the Democrats took hold OF this
subject before the holidays that they would show
little disposition 10 give the matter careful consider
alton now, but would commit Mr.. Barnes at once to
the custody of the Sergeant Arms and order the
immediate arrest Of his superior officers in the
Western Union Company. The evidents drift OF
public opinion in regard to the action of the House
has undoubtedly had sautary effect upon the lead
ers of that body, and convinced them of the wisdom
Of making haste slowly in this matter.