The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-11-01
state Officers Summoned by the
Grand Jury.

fITISBURGHt OCtoOef Olt-1ne grand
jarY OF Allegheny county, Pa, has issued
subpenas to Governor Hartranft, Adju.
tant General Lolita, General Brinton and
others TO testify in tile case Of General
Pearson, charged with murder. All
those named in the subpoena having been
summoned as private citizens, responded
except Gov. Hartranft, who sent the fol.
lowing letter in explanation:
COMMONWEALTH OF Pennsylvania, !
EXECUTIVE CHAMBER, !
HARRISBURG, October 80, 1877.
To he Hon. John IL Knkpahiek, Judge oi
Court No.2, Allegheny County:
YouR HoNoR-I have been served this
day with subpoena in the case Of Com.
mouwealth vs.. A. L. Pearson, now pend.
ing before the grand jury of the Court OF
Oyer and Terminer OF Allegheny county,
with notice that my attendance il re.
quired on Wednesday morning, the Slst
inst. Although you will permit me to
express surprise that the name Of the
Court has been used to evade or iorestall
the decision ot the case now pending in
the Supreme Court, to be heard on Thurs.
day, the lst pro1imo, involving the right
OF the judiciary 10 command the attend.
ance of the Governor and officers
Of the Executive Department, beg to
assure you that my refusal to obey the
summons arises from no disrespect to the
honorable Court, or any desire to OBJ
struct or delay the administration Of jus.
tice. l don't object to giving all the facts
in my possession necessary to the crimi.
nation or defense Of any person concerned
in the riots of last July, reserving my
constitutional right to Judge Of the expe.
diency, but simply deny the right of CO.
ordinate branch Of the government to
compel the attendance Of the executive
officers or to investigate the manner in
which, in their discretion, they have per-
formed their official duties. For the pur.
pose Of settling this question, involving
the independence and relations Of two
important branches OF the government,
the Attorney General has appealed to
the highest judicial tribunal Of the
Commonwealth, by whose decision I
have been elected to be guided, although
an extreme regard for the dignity and in.
dependence Of the executive might justify
the assumption that the decision OF the
propristy Of recognizing the authority Of
Of a CO ordinate branch lies entire
ly in the breast Of the executive. It
was presumed that the court, equally
with the government, was desirous Of pre-.
serving the proper relation and harmony
OF the two branches OF the government
and would leave the cause to be settled by
the Supreme Court. But a subpoena,
framed TO avoid the technicalities pointed
out BY the Attorney General but neces-
sarily involving the same principal, has
been served on the executive officers,
which il obeyed will evade decision Of
the higher tribunal. Pending the deci-
sion in that issue I have refused
to recognize the said subpoena. All the
military movements will be reported
to the Adjutant General by the officers
in command and together with all orders
will be made public in his annual report.
Should there be any other information
required the Legislature can openly in.
vestigate, and that body and not the grand
jury Of Allegheny county, is conceived to
be the proper tribunal to inquire into
the manner in which the Executive fuuc.
tlonS have been performed. As the ques.
tion will be raised by my action alone,
the officers connected with the Executive
Department will answer the subpoena 10
testify in the said case TO the facts which
came within their observation as private
citizens. As to their knowledge Of the
matters connected with their official
duties or the action Of the branch
OF the government TO which they belong,
they can't be compelled to testify to any
more than the executive himself. When
summoned In their official capacity the
civil and military officers OF the depart
ment were instructed not to obey, but as
they have been now summoned In their
private capacity in q definite case pend.
ing before the court and not as a"quasin
investigation, it Is believed that no Injury
to the publioservice can result from their
testimony or any conclusions, prejudicial
to the rights or interests Of the common
wealth, can be drawn theretrom.
1have the honor to be
yours, very respectfully
]. F. HARTRANFr.