The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-06-10
DECLINING TO RncnIrE SUBPOENA.
Stanley Matthews sheitcripg Himself Behind
his Privilege MS "A senator.

WAsH1NGToN Juno "a subpoena was
served upon Senator Matthews yesterday oven
ing. and he declined to receive 1t. He shelters
himself behind his privilege as Senator. 1t will
not avail him. His friends say that he acts by
the best advice. Ho is determined TO persist in
the position he has taken. contest between
tho two Houses need not Immediately result
His refusal will como before the Senate in two
ways. He can rise In the Senate and call attcn-
tlon to this breach Of its privilege. Tho
Senate can then decide to sustain him
or to direct him to appear On the
other hand, when tho committee is notified that
the subpoena Of the House has been disregard
cd. IL will direct its Chairman to report the fact
to the House and ask an attachment In ord-
nary cases the House would at once order tho
issue OF an attachment. In this caso however.
1t will be the duty of the House first to notify the
Senate and ask that body TO enforce tho order
OF the House, In either instance the subject ut
last comes before the Senate. 1t will be for that
body to decide whether 1t will promote or will
II should be remembered that there have been
two occasions on which the presence Of Mat
thews before the committee has been asked.
There were no charges against Matthews. but.
in the course OF the inquiry testimony was
given to his prejudice. lie was, notified and
given opportunity to clear himself. He did not
appear. At a later etage. it appeared that be
had information needed by the committee He
WIS Suunnuntu. llc ItlustS " but1 tho olutl
Of the House. on tho plea that his
Senatorial duties prevent his attendance. Tho
fact that another committee is about to
open an inquiry docs not affect this last appear
ance. As between freeing his reputation from
the imputaton cast upon i in the course OF tho
evidence taken. he can elect "A committee APP
pointed by the chamber he sits in. rather than
by the lower branch; but whether n committee
Is engaged in the upper branch Investigating
the charges against him or not. the House COM
mittce requires his attendance because he APP
| pears to have Information the House commit
| Toe wnuts. There Is only OuiniDn TO
| Mutthewss blunder in declining to appear.
| His friends condemn his course as inludicious
| Democrats regard it as an admission that his
| own testimony must prove moro damaging 10
himself and his friends than any yet given,
ns SsH SHPSi bers bSTy psrsS@ MS Of
| either House, wliully makes default. is to be
doomed guilty, oi misdcmeanor. No excep;;
| upon invitation. except in Ross's case. senator
Ross Of Kansas declined TO appear before the
| committee sitting To investigate the failure to
! imDeach Andrew johnson. \ subpoena WIS is
/ sued and he appeared. In England Lord We'll
| lesley. NJ. p pleaded his privilege as q bar to
| Imprisonment for contempt upon the order OF
! the ord Chancellor. Wellesley having declined
| 70 obey an intcrlocutory decree, but Lord
! Brougham held that privilege did not lie TO
| protect a man from Imprisonment Tor contempt,
! his contempt being itself breach of the peace,
man. There Is u leading Massachusctts case in
which the upper chamber demanded the sur
render at its 9ar, with view to nuni7hment M Tor
| General Court then editing the Commonwealth.
| in which he had declared that the Senate was "A
useless institution. Richard rockingham.
Democrat wrote an elaborate opinion.
in which he took the ground that the
| quests Of the upper. and that the protection of
| lis members by privilege was ample. Judge
| Knots report in Small's case takes the ground
| that the privilege can only protect a man whore
| 1t would be moro detrimental to the public in
terests TO dciain him from his duties than e
arrest him. Under this view Senator Matthcws's
| privilege would protect him only when the Sen
ate was in session, Or a meeting oi one oi It's
| committees required his attendance.