, 1879-02-23
Probability Of the Question Being Taken
as Far as the Lawyers Can
Carry It,
Formation Of a Commission Which Is to
Frame an Illinois Regenne
Law.
The Colored Gentlemen in the Arkau
sas Legislature Rise to
Explain.


Eptc,al Dispatch to The Tribune.
ToprKA, Kan. Feb. 22.-The Legislature to
day committed Smith, Manager Of the Western
Union Telegraph Company, to the Sergeant-at.
Arms for Imprisonment in the Capitol building
for contempt in refusing to appear before the
Senatorial Investigating Committee and: dis
closing the contents Of. all kilograms which
psssed through the Topeka office relating to the
Senatorial contest Application will be made
an Monday to tue Supreme Court for writ OF
habcas corpus, and efforts made to have the
prisoner released on technical grounds Of in
fornality in the proceedings. Il this fails,
1be case will be argued On its merits,
and - decision rendered as to the
ripht Of the Legislature, or any
other tribunal, to compel the disclosure OF pri-
r.te dispatches passing between patrons OF the
Telegraph Company. No Judicial decision has
ever been made on this question, and the West
ern Union Company proposes to make tnis
test case. The officers Of the Company at Chi
caro- have forwarded to their attorney here an
exhaustive argument Of the question, to be sub
mitted to the Supreme Court Tie prisoner
has been assigned to the Governors private Of
fice in the Capitol building, to be retained until
the close Of the session. OF until he oDeys the
summons u lHE ~0AA14A4t%@e3 "a ~ ~~A~""~~~ ~
the Court
RAILROADS.
The bill resrlaling Kansas railroads, in &C
corlance with the Illinois Commissioners sys-
ten, was up Tor final passage to-day in the
House, and the vote stood IS yeas to 81 nays.
Not receiving constitutional majority, the bill
failed to pass. Notice was given that motion
to reconsider would be made on Monday.
LIQUOR
The Senate has passed the bill forever pro-
hibiting the sale or manufacture OF liquor In
the State Of Kansas.
VARIOUS.
a bill passed the House to-day creating
Patriot Guard for the frontier, with view to
re2elang Indian inyasions, and appropriating
$4,000 for It's maintenance under control OF
the authorities
All the appropriation bills have been advanced
to the head OF the calendar, in order to secure
it is understood the Governor is not in synl-
pa:hy wth the movement fur an extra session
Mr. SMITHS ANswEK.
Mr. Smith, in reply to certain questions pro-
pounded to him By the Speaker, made the fol-
lowing reply:
70 The Ion. Sidney Clark, Speaker Of the House
-SiE: 1nost respectfully Submit that the action
taken by the House Of Representatives. requiring
yoIr Sergeant 1T Arms to bring ME before the bar
peanng before the Committee OF which me hon
A. Ii. +. Eancclph is Chairman is based upon
10 IL Tandolpns of the oa,c aoth 0aniGd ins 4 dId
not cecilne to 90 before the Committee. In my
communication used the following lansuage: II
Committee at any time you mar desienate.'
had been instructed by the managers Of the
Western Union Telegraph to decline to produce
OF the Company, and SO informed the Committee,
but should have appeared, nevertheless, ut any
lime on notice or request, OF woalo have answered
fpy and all questions put to me By The Committee,
moi involving the rights or duties OF the Telegraph
Company; to preserve the confidence existing be-
tween such Company and its patrons. the
Telegraph Cnmpany has advised me that It has
forwarded by mali
/ COMMUNICATION
nciosing the answer 1t desires me to make in its
behalf. in support OF its right to withhold from
u inlrukted to it for transmission from person
o another. snch communication has not been re-
:eived, and cannot, therefore, now submit the
N1 II. c. Wcb6 as its at,o1ney. 12 Epd and
las instructed me to ask that he be permitted to
1ppear for such Company, and for me, before the
en:atives rs such attorney, to represent views /
:nc present the Company's protest against pro- !
Iuclng such original kilograms or disclosing their
's' Manager, Topeka. 4 a s4a. Kaa.
TIE FOLLOWING RESOLUTION
zas then adoptcd:
Resofred, That the said E. q. Smith te COM I
nitted to and detained in close custody by the /
sergeant at- Arms IN the Capitol during the re-
nalnder OF the session, or until discharged By !
nrthcE order OF the House, to be taken when be
hail have been purged OF the contempt upon |
Shlch he was arrested By testifying before the
;aramittce authorized TO continue the lnyestiEa-
ion and produce the tele.rams required by the
summons served on him.
Smith was then placed in charge Of the Ser
sseant-at-Arms, and is now held there.