Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-02-24
lNvIoLABlLlTY OF TELEGRAMs.
The Issue Raised by the Kansas Legisla-
ture-Manager Smith, of the Telegraph
Company, Declared In Contempt, Held In
Cnafod " hY ho Sarxnonf.af. A ruas

Company, Declared In Contempt, Held In
Custody by the Sergeant-at-Arms.
Especial Telegram to the Globe
TOPEKA. Kan, Feb. 23-The legislature
yesterday 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 investigation
committee and disclose the contents of all
kilograms which passed through the Toseka
Office relating to the senatorial contest Ap-
pllcation will be made on Monday to the SUI
preme court for writ of habeas corpus, and
efforts made to have the prisoner released on
technical grounds of informally in the pro-
ceedings. If this fails, the case will be ar
gued on its merits, and a decision rendered
as to the rights of the Legislature or any other
tribunal to compel the disclosure of private
dispatches passing between patrons of the
telegraph company. No judicial decision
has ever been made on this question, and the
Western Union company propose to make
this test case. The officers of the COM
pany at Chicago have forwarded to their at
torney here an exhaustive argument of the
question to be submitted to the supreme
court. The prisoner has been assigned to
the Governors private Office in the capitol
building, to be retained till the close of the
session, or till he obeys the summons of the
law, or is released by the court.
Western Associated Press.]
ST. LOUIS, Feb. pa Topeka dispatch
says: E. L. Smith, manager of the Western
Union telegraph Office, this city, was arrest
ed by the sergeant at arms OF the House of
Representatives, and taken before the bar of
the House for contempt in failing to appear
before the committee investigating the
charges of bribery and corruption in the
State Senatorial election, and producing
certain kilograms called for by the commit
tee. Mr.. Smith, in reply to certain cues
tons propounded to him by the speaker.
made the following replies:
10 the Hon. Sidney Clark, Speaker of the
Ao use.-Sir: most respectfully submit that
the action taken by the House Of Represents
tlves requiring your sergeant-at-arms to bring
me before the bar of the House to answer for
contempt in not appearing before the commit
tee of which the Hon. A. NJ. Randolph is chair
man, Ii based upon a Misrepresentation of nv
Communication to Mr.. Randolph of date goth
INST. did not decline to go before: the com
mlttee. In my communication used the fol-
lowing language: II hold myself in readiness
TO appear before your committee at any time
you may designate. had been Instructed
by the management of the Western Union tele-
graph to decline to produce any original tele-
grams IN my hands custodian of the COM
pany, and SO informed the committee, but I
should have appeared nevertheless, at any time
on notice or request, and would have answered
any and all questions put to me BY the COM
mlttee, not involving the rights or duties of
the telegraph COMPANY, to preserve the conf
dence existing between such company and its
patrons. The telegraph company
had advised me that it has forwarded
oy maui communication enclosing the answer
1t desires me to make in its behalf in support
OF It's right to withhold from any tribunal an
message, or parts thereof Entrusted to
II Tor transmission from one person to another
oucn communication has not been received and
L cannot therefore now submit the answer
Inc telegraph company has employed Mr.. n.
y. Nebb, as its attorney and has instructed me
TO ask that he be permitted to appear for such
company and for me before the investigating
committee and the House of Representatives as
such attorney to represent views and pro-
tect the company protest against producing
such original kilograms or disclosing their con-
tents. Most Respectfully, E. l.. SMITH,
TOPEKA, KANSAS. Manager.
The following resolution was then adopted:
Resotued, That said E. L. Smith be commit
TED 10 and detained in close custody by the
sergeant-at-arms in the capital during the re-
malnder OF the session, or until discharged bv
further orders Of the House.. to be taken when
ne sn ma have been purged of the contempt up
on winch ne was arrested by testifying before
the committee authorized to continue the in
Vestlgatlon. and produce the kilograms re-
qu1reo oy the summons served on him.
Mr. Smith was then placed in charge of
tne Sergeant-at-armS and is now held there