The New York herald., 1879-12-17

dents approval. The will be reported early
In January. after the reassembling Of Congress.
GENERAL WASHINGTON DISPATCHES.
WAsHNaroN. Dec. 16. 1879.
IMPORTANT ACTION OF THE SENATE AND HOUSE
COMMITTEES.
The Senate Committee on Military Affairs today
decided to postpone action upon all the pending
army nominations-1l0 in number-until after the
Christmas recess. This order made account
Of the lack Of time to consider them sooner. Not
more than two three of the nominations
likely to. be contested.
The Senate Finance Committee to-day agreed to
recommend the passage OF the House bill to
authorize allowances for the leakage Of spirits in
bonded transportation. The committee also de-
cided report favorsbly upon Mr.. Bayards bill to
exempt from customs duties all competitory prizes
won by American citizens abroad.
The House Committee Judiciary held busy
session this morning with full attendance Of men,
bers. The bill introduced the House by Repre-
sentative De La Matyr. entitled 'To regulate es-
tates in the District Of Columbia and the
the United States. taken up by the committee
and an opportunity accorded to al who desired be
heard upon the subject. The bill provides that in
all marriages hereafter contracted the property Of
both parties together with the accumulations dur
ing marriage. shall be common property. At the
death Of either the survivor. after the payment Of
debts, shall actually own one-haf Of the common
property and the of the other half during life.
In Of divorce the wife shall be entitled to all her
separate property and onehalf OF the common prop
erty. after payment Of debts; homestead of the
value of $4,000. Or in there is none. personal
property to that amount. to be exempted from levy
and sale and in case of the death OF the husband
shall belong to the wife and be exempt from all
claim.
The above are the main features Of the bill which
was urged upon the favorable consideration OF the
committee by Mrs. Belvah A. Lockwood. Mrs. J. W.
Stowe OF California. ana Mrs. DOLL of Boston.
The House Committee of Commerce resumed con-
sideration of the Reagan Interstate Commerce bill
this morning. II expected that representatives
Of several railroads would be present and submit
arguments against the BILL Mr.. Totten. attorney
for the Pennsylvania Railroad the only railroad
man in attendance; but he did not wish to
submit any argument to-day. The committee.
however, decided not to consider the
bill any further in committee snd after
adding ono unimportment amendment. instructed
Its chairman to report the bill to the House.
The House Committee on Naval Affairs instructed
their chairman to report favorably upon Represen-
tative Congers bill to authorize and equip expe-
dition to the Arctic regions. Tho committee make
some slight amendments to the bill It was origi-
nally referred to them.
INvIoLABILITY OF TELEGRAPHIC DEsPArcHEs-
ARGUMENT BEFORE THE SENATE ELEcr1oN
COMMITTEE IN THE INGALLS, CASE.
The Senate Committee on Privileges and Elections
to-day heard Colonel John L. Thompson of Chicago.
T~sov
in an argument supporting the request OF the COM
pany to excused from compliance with the sweep
ing subpoena duces served upon the manager of
the Topeka office in the ingalls, case. The commit
tee took the subject into confederation and willeet
again tomorrow.
The modified subpoena. upon which the argument
to-day was based. requires Mr. T. L. smith. manager
OF the Topeka Office OF the Western Union Telegraph
Company, to appear before the committee in WASH
ington as witness and to produce sall origi-
nal kilograms and copies Of telesrams re-
ceived at Topeka. Emporia. Atchison and
wamego. In the State OF Kansas. and at
Kansas City, No.. from January /. 1879. to March
/. 1879. sent received by Calvin Hood. j. s. Dan
ford. Joseph @. Wilson. James s. Merritt. David
Aud. j. d. Beck. John J. Ingalls,. J. r. Hallowell
G. @. Foster. w +. Downs. Henry King. Byron Rob-
erts A. c. Dawes and H. M. Holden. including tele.
during said period. and all copies originals of
kilograms received at Washington D. c., during the
said period directed to p. p. Plumb John j. Ingalls,
aud Charles A. Norris" The subpoena. until modi
fed within the last few days, required the produc-
ton of the company's "books and records" as we'll
the kilograms. and covered period OF about six
months instead Of two. The committees demand
for tho dispatches sent and received by Mr. Ingalls,
having been ratified by his request to the CON-
pany, they were delivered to Chairman SALISBURY
yesterday.
The argument of Colonel Thompson. to-day. bear
ing on the remaining matters or controversy. was
devoted to the Establishment OF propositions which
may be succinctly stated as follows:-
Firsf-That there is SUFFICIENT designation or
specification OF the dispatches desired to be used by
the committees. and the production OF all the tee-
II some might not be proper and competent evi-
dence, would almost necessarily have the effect to
expose the private aud confidential communications
OF the persons nainod In the subpoena. which might
and probably would be productive OF incalculabe
harm.
Second-As technical reason for the request to DO
excused from compliance with tho subpoena II does
appear that any OF the dispatches relevant
competent and the rule Of the law believed to be
we'll established that without ut least prima faco
showing that the evidence sought is competent,
there is no power to order its production.
Thiyd-That tho search for and enforced produc-
ton by the witness of the papers called for would
be unreasonable and unlawful search and seizure
within the moaning OF tho fourth article Of amend-
ment OF tho federal constitution.
f0aru-Telegraphic communication, ns il IL now
understood by tho public. Is untitled to the Same
privacy and secrecy as is conferred by law upon
COMMUNICATIONS through the United States mals.
fSfh-Thero Is u stronger reason for pefusal to
compel the production of telegraphic messages as
evidence than that which applios to letters sent
through the MALL IN the fact that when messages
sent by Telegraph they are usually so short to
render them blind and misleading to all except
those who parties to the correspondence, and are
therefore liable to nsconstruction and inj urious
terprctatiou.
Sirth-As matter of public policy which invites
FREQ communication . declaration OF tho right to
compel tho production of this species OF corre-
spondeuce would operate as restraint upon In
dusry and enterprise. and also prevent that FREQ
social and family correspondence which should be
encouraged.
So far as tho committee expressed their views
during the progress Of the argument they seemed
to bc inclined to the opinion that tho constitutional
question was very serious. but they were not In
cii.aad admit that lattaxs h. axd