Daily globe., 1879-02-10
THE CIPHER TELEGRAMS.

card from Nervin Grun, President of the
Telegraph Company-The Company Not
Responsible for the Theft of Those Sent
by the Republican Managers.
NEW YORK, Feb. 8.-Hon. Clarkson N. Potter,
chairman. Sir: The testimony recently elicit
ed by your committee concerning this COM
pany' action in respect to the political tele-
grams taken from us in l876-77, by the Senate
and House committees subpanas, appears to
have been 80 uniformly misunderstood by the
press, as to make it now seem proper to now
amplify the same by way of guarding against
like Misrepresentation the part Of the com
mittee itself, and of the members of the House.
Accordingly I respectfully submit the follow
ing brief statements of facts, all of which
already appear upon the records, to the end
not only that a correct history of these trans
actions may appear, but at the same time
simply an act of justice may be done thereby
to the company which have the honor to rep
resent in the resulting vindication of it's late
and present administration from any charge of
political bias on the part of it's business.
The plain truth is that the company recog-
nlzing great moral obligation to preserve
sacred from a threatened exposure all tele-
grams committed to its confidence and keep
ing, both before and after the service of SUBJ
ponas resorted to every legitimate and proper
device consistent with due respect for au-
thorlty of Congress to prevent such exposure
by timely transfer Of custody of messages
from managers and officers likely to be called
upon to produce them to executive officers in
New York, and thence by resolution of the
executive committee of the board of directors
from custody OF tho executive officers to that
of the executive committee ITSELF
When, therefor, Manager Barns, of the New
Orleans Office, was suhposnaed by the Morrison
committee, almost all Of the kilograms he was
called upon to produce had been taken from
his custody and he had no power to produce
them. So also, when the president was brought
to the bar of the House for contempt he was
enabled to plead that he had not the
custody of the messages called for
IN his subpoena Proceedings of the House of
Representatives., as published in the Conqres-
sto,aa1 Record, show that Mr.. Orion himself, on
this occasion, through the statements of his
answer as to the attitude taken by the execu-
tive committee, disclosed to the House full in
formation as to where the messages could be
reached; but Notwithstanding this fact, no
member of the House, or of it's committees,
saw tit at the time to act upon the information
thus given.
The Senate committee, however, took the in
ltlative, and sending Immediately to New
York on the next day served every member of
the company's executive with sweeping
subpoena, which demanded the production Of
all messages to or from the principal Offices of
tne company where any important political
telegrams were supposed to have been sent or
received. Under this subpoena the executive
committee, composed about equally of mem
proceeded with the messages to
Washington, where soon after arrival,
they were served with like sweeping
subpoena from the House committee. meet
ing of the executive committee was thereupon
held, and by resolutions then passed it was de-
clded to respect the service on the company's
president and the committe alike, and to sur
render to the House committee all the mes
sages covered by its subpoena to President
Orton. This being prior on time of service to
the subpoena from the committee of the Senate,
and to surrender to the Senate committee all
the messages carried by it's subpoena, this last
being prior in time of it's service to the like
subpoena from the committee of the House.
1t was further resolved to comply
as far as possible with conflicting subpenas; !;
that whichever failed to receive the original
message should have copies of all such or
originals as were delivered to the other COM
mittee. or if it should be concluded that the
immense labor of copying might be saved
then that the committee of either house hold
ing original messages should agree that mem.
bers OF the committee of the other house
which had called for them should have free ac-
cess to examine such originals as to make
copies therefrom if desired
A copy OF these resolutions, of which the
foregoing IS the substance, was served upon
each committee on January 18th, and on the
Oath of January Senator Sargent wrote to the
committee stating that the committee of the
Senate had conferred with the committee of
the House, and that the alternative or later
feature of the above e-mentioned arrangement
was accepted as entirely satisfactory to both
committees.
The surrender of the messages was then
made, but not until the company had urgently
endeavored to impress upon the respective COM
mlttees the neCessitV of guarding the telaura M
from theft and from disclosure to others than
those who, from their position upon the COM
mittees, were entitled to their inspection. 1t
will be seen that our course in these matters
was strictly fair and impartial. We were
powerless to take further precautions in the
premises. and we are in no manner responsible
for the subsequent loss of the kilograms en-
trusted to the Senate committee. have the
honor to remain very respectfully yours
NERvTN cpuN pros