National Republican. (Washington City (D.C.)) 1872-1888, 1877-01-06
The relief of the Old Dominion Steamship Com
pany. For the relief Of b. b. Conner & Co.

At o'clock. that being the hour set for the
hearing Of the reply Of Mr.. E W. Barnes, charged
and Mr. Barnes was brought to the bar of the
House, and asked what excuse he had to make
of the House, dated December IS, directing him
10 produce certain kilograms, &c.
Mr.. Barnes stated that he should have asked
to be heard by counsel but for the presidents in
the House, and he had, therefore, to ask that the
reply prepared by his counsel be read by the
The SPEAKERSuggested that the statement
be required to be submitted under oath.
Mr.. KASSON, of Iowa, asked If the CHAIR
The SPEAKER did not say that t oil the pre-
cedepts were one way, but he thought that the
better way, and merely made the suggestion to
MI. GARFIELD, of Ohio, said he perfectly
agreed with the CHAIR so far as the answer re-
would be pretty rough on some Of US TO swear to
The SPEAKER said he could sympathtze with
The witness stated that his reply had been
made under oath.
The Clerk then read the response OF Mr..
Barnes in peculiarly clear and audible voice. the
House listening with much attention to the read
ing.
BARNES ANSWER.
The reply opened with q statement that he had
been brought from his home in Louisiana in Gus.
tody of the Sergeant-at-Arms, and protesting.
under advice of his counsel, that the allegation
that he was in contempt of the House was errone-
GUS, anu tnaI ne was unQeT no cuarR6 or allcR6
ton of contempt. He denied that he had received
any orders to produce the papers, except through
q paper handed to him on the 18th of December.
tional Limitations, In which Judge Cooley de-
clares the solemn Judgment that the agents Of
the telegraph cannot be compelled to produce
telegraphic dispatches under a subpoena duces
fecum, and come severe criticisms made upon
some decisions OF State courts where the produc-
holds, enormously. The general rules of the
company were next quoted, and which are based
for the preservation Of
THE PUBLIC CONFIDENCE
on the principles set forth by Judge Cooley, and
which forbid managers and other employees Of
the company from furnishing copies of original
messages certifying to the correctness of copies
make see copy Of d isp but when Written
request is made to permit copy to be made the
signature Of the sender must be identified with
This order was modified in 1873 so to permit
the papers to be produced in court at the request
Of the sender or receiver, being returned to the
niles after being used in court, out when called
for under subpoena duces tecun the messages
must be produced under protest, and q copy of
the order of the court obtained.
He had deemed it his duty on receiving paper
on the 18th of December, which he supposed to be
a subpoena, duces teeum, to apprise his superin-
structions. 1t did not appear to him that the
general order Of the company relative to
The Of papers in court ,sp
a subpoena from committee of either House Of
Congress, and this order appeared to differ from
what was contemplated BY the rules Of the com
sages from the parties named for period of over
four months.
mand for the papers he had, in obedience to
orders from his superintendent, forwarded to Mr..
Merriweather, at Mobile, all kilograms sent from
his office from October 81 to December g. and he
could not furnish messages sent during that Pc
Rod. On December IA he telegraphed to Merri-
weather, asking If he had better produce the
future inquiry, and the next day received . copy
Of telegram, saying:
"TELL BARNES TO DO NOTHING
till further ORDERS which will be sent TO- morrow.
The next day he received telegram from Mer-
riweather telling him that the company had de-
cided to decline TO produce the messages of either
a message from Mr.. Orion to Mr.. MORRISON the
next day. On the next day, December 10, he re-
ceired the telegram from Mr.. Orton to Mr.. NOR
HIsoN, and delivered it in person.
On the 18th he went before Mr.. MoRRrsoN's
committee and testified substantially as printed
Did he haa
ceiyed from his superior officers The messages
which were sent to Mobile had never been in his
custody, Eight were SO sent. He had
no RECOLLECTION OF ANY DISPATCHES FROM THE
PARTIES NAMED
having been sent, but believed they had. for the
reason that the parties named had monthly &C
counts at his office, which he had presented and
The witness argued that the demand in the
general terms in which it was vouched, covering
Q period Of four months, was in contravention Of
sci that no judicial tribunal would compel obedi.
a such
the State Ofkoaf!ians. in Which rs: STATE the
handed and cites the law Of that State Imposing
Q penalty for the first ofense in disclosing the
contents of telegraphic dispatches, and q severer
advised by counsel that the production Of the
dispatch before the committee would, under the
laws of the State,
SUBJECT HIM TO THE PENALTY
for this first offense, and subsequent productions
to the heavier penalties, unless the House had
power to secure him immunity, and he was ad-
vised that neither House had such power.
State to interpret the statute in question to com.
pei manager to produce telegram, the people
Of that State had confded no such power TO the
one of the laws of the State it had the power to
set aside another, or all its laws, and thus the
FEDERAL OVERRIDE THE STATE AUTHORITIES
and break down all the rights Of the States.
With these reasonable doubts, he submitted
that the House should not compel him to assume
these chances. He had not contemplated a con-
tempt of the House, but had sought to do his duty
and control Of the messages were limited to their
transmission, the custody after that being in the
hands of the managing officers Of the company,
upon whom the demand should be made. The
act he was commanded to perform was forbidden
by the laws of Louisiana, and 1t could not be con-
sidered a contempt of the House to refuse to
obey the order of the committee.
CONCLUSION.
In conclusion, the witness asked to be dis
charged and allowed to return to his home.
Mr.. KNOTT, of Ky, offered a resolution that
the report Of the committee and the answer Just
read to the Houal, and all other papers in the
case, be referred TO the Judiciary Committee,
with Instructions to report, at as early day as
practicable, what action should be taken by the
House in relation thereto.
The resolution was adopted, and the SPEAKER
said the witness would retire, in custody Of the
Sergeant-at-Arms.
The SPEAKER laid before the House q num-
Der of Executive communication; which were re-
ferred to appropriate committees.
The private bills reported from the Committee
of the Whole were then taken up and passed.
On motion of Mr. FOSTER. of Ohio, the House
went into Committee Of the Whole on the bill to
supply q efficiency in the appropriation for the
contingent fund OF the House.
The bill was amended by the addition Of sew
eral malitems, reported to the House and passed.
The House then, on motion of MT, CONGER.