Morning journal and courier., 1886-05-22

removing the charge of assertion from the record
 The House at five o'clock took a recess until 7:30
 At the night session the House passed thirty-six private pension bills and adjourned at 10 p. m.
 GARLAND AND DOCTOR ROGERS. An Interesting Pair Appear Before
 the Pan-Electrfc Investigating Com-
 mittee.
 WASHINGTON, May 21.-Attorney General Garland was before the Pan-Electric tele- phone committee to-day. He examined the testimony of MT. Van Breesen concerning his visit to the Attorney Generals office in the interests of government suit. The wit ness said there were some errors in the testi- mony; that he had never referred to any ap- plication to government suit except that made by MT. Van Benthuysen, and that he did not tell MT. Van Breesen about the refer ence of the application. Witness, when asked if he had ever attended a meeting of Pan-Electric officers or stockholders at the rooms of Colonel Young, 1 ,227 G street, this city, replied firmly: ''No, sir. l was never in Colonel Young's room at 1927 G street and did not know he had a room there until I read it in the newspapers. don't think l attended one of the meetings after the presi- dential election and am sure I did not after the inauguration" "Did you ever say to anyone that it would be good time to file an application for government suit while you were away from here last summera" inquired MT. Oates. "Never," replied the witness. 'Never did indicate such thing to anyone" MT. Ranney cross-examined the witness at length about visit made to the latter by MT. Van Benthuysen and others during which Van Benthuysen insisted on filing a second appli- cation for government suit. The witness held steadfastly to his original assertion, which was that he informed MT. Van Ben- thuysen that the subject of government suit could not be discussed in his presence; that he was interested in a telephone com pany and could not take any action on appli- cations for suit against the Bell, and would not permit any contention on account of such refusal. MT. Ranney dwelt at length upon the statement that nothing was said about an application having already been filed by MT. Van Benthuysen, when he and others called and spoke about filing another application. The witness said the request made to him was in this language: "We want tho name of the United States to bring suit to test the Bell patents" and that his reply was in these words: "I cannot entertain the proposition as I am attorney for and stockholder in rival telephone company" This form of language witness held to all through the cross-examin- ation Nothing, he added, was said about withdrawing the application then on file. At the conclusion of his testimony MT. Gar land said he would like to make a statement. He observed in the testimony of Charles A. Dana of the New York Sun a declaration that if he (Ar. Dana) had been Attorney General and interested in telephone com pany he would have protected the depart ment and smashed the suit when it had been instituted by subordinate" MT. Garland said: s'I don't know that this declaration of Mir. Dana amounts to much, but will say that I had no proper authority to fore me, because I was 8 stockholder and attorney in rival company. Now the same disability existed against my undoing what was done by the solicitor-general in my absence from the department. If I had no authority to institute suit, or if it was improper for me to do so, the same obstacle was in the way to my smashing one. A judge who leaves the bench and refuses to hear case because of disability has no authority or right to afterward hear or en- certain motion to reconsider"
 Dr. Rogers was a witness at the conclu-
 
 tor explained the combination of Pan-Elec- tric, American Postal and other stocks. Dr. Rogers voluntarily stated that in all the four hundred men in Congress only fifteen were approached on the subject of an-Electri, stock and only five or six received or accept ed stock. Those who were approached were of the highest class of men. eff I was seek ing rascals to form a conspiracy do not think would have gone to men like Ran dall, Carlisle, Hewitt, Cox and the others approached" The doctor then referred to the testimony of Senator Harris in which the latter stated that he Or. Rogers) was found in very jolly condition at one time just before 8 consultation. The doctor de- nied that he drank to excess and said that sFSenator Harris has drank gallons of my wine" He disclaimed any intention to speak harshly of the Senator and declared that he self defense.
 Colonel Casey Young then took the wit ness chair and made some corrections in his former testimony.
 After concluding his corrections he asked the committee to be permitted to introduce in evidence b affidavit of @ gentlsman af- fected by and arraigned in the investigation going to justify the action taken in institut- ing government suit against the Bell com pany He said one side of the issue had been heard and he asked that there be a hearing granted the other side. He would produce the witness II preferred, but he had in his hands the affidavit of the proposed witness for convenience to be submitted The question of competency arose and the | committee wrangled over the proposi- tion to have the affidavit | read before passing judgment on it's competency ss evidence. It was finally de cided that the witness might state orally what he proposed to prove to describe his | offer, but he could not read the afida- vit The authorship he refused to disclose | unless he could read it in full. Colonel | Young stated that the substance of the afi- davit and proof he offered was that the Bell patents were fraudulently obtained by the use of money and that all the proceed ! ings in instituting @ government suit were regular and authorized by law. The ! committee adjourned to noon tomorrow, | when it will meet in secret session to decide this and any other question that may come up.