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

N0Ao&si"PA OOAlpdHy-lOe company MOI
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
panys action in respect to the political tele-
grams taken from us in lS76-77, by the Senate
and House committees subpoenas, appears to
have been SO uniformly misunderstood -by the
press, as to make it now seem proper to now
a.m1plify the same by way of guarding against
like misrepresentation on the part Of the com
mittee itself, and Of the m EN- bers Of the House.
Accordingly respectfully submit the follow
ing brief statements of facts, all of which
already appear upon the records, to the end
not only that 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 its 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-
nizing a great moral obligation to preserve
sacred from threatened exposure all tele-
grams committed to its confidence and keep
ing, both before and after the service Of sub
poenas, resorted to every legitimate and proper
device consistent with a 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 a resolution of the
executive committee Of the board of directors
from custody of the executive officers to that
OF the executive committee itself.
When, therefor, Manager Barns, Of the New
Orleans Office, was subpenaed 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
fhn Hantyu h~<,
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 CongYes-
sioaa0z Record show that Mr.. Orton 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 iu-
formation as to where the messages could be
reached; but notwithstanding this fact, no
member of the House, or Of It's committees,
saw ht at the time to act upon the information
thus given.
The Senate committee, however, took the in
1t1ative, and sending immediately to New
York on the next day served every member of
the comnany's executive with sweeping
subpoena, which demanded the production Of
all messages to or from the principal offices of
the company where any important political
kilograms were supposed to have been sent or
received. Under this subpoena the executive
committee, composed about equally Of mem
bers OF the two political parties,
Washington, where soon after arrival,
they were served with 3 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 com panys
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 its subpoena, this last
being prior in time OF its service to the like
subpoena from the committee of the House.
1t was further resolved to comply
far as! possible with conflicting subpoenas:
that whichever failed to receive the original
message should have copies of all such or
originals were delivered to the other COM
mlttee. or II 1T 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 10th, and on the
2ith 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 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 necessity of guarding the kilograms
from theft and from disclosure to Others than
those Who, from their position upon the COM
mlttees, We're entitled to their inspection. It
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 telegrams en-
trusted to the Senate committee. have the
honor to remain very respectfully yours,
NERvIN GRUN, Pres.