Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-11-13


Cole were that Congress not only may, but
has made 1t an offense for a witness to
decline to answer a proper and material
question propounded by properly appoint
ed committee Of either house of Congress
touching matter in which it has jursdic-
ton to inquire: that Senator Gray's COM
mittee was a properly appointed one, hav-
ing competent Jurisdiction; that the Ques-
lions propounded and mentioned in the in
dictments were proper and material in
qulries; that the defendants were not en-
titled to be excused from answering them,
and that the alleged offenses Of the de-
PENDANTS were properly brought to the at
tention Of the district attorney and the
grand jury, although the failure of the in
dictments to set forth the latter fact was
not fatal defect, nor a necessary allega-
ton.
Text of the Opinion.
The opinion of Judge Cole in full Is as
follows:
The indictments in these cases, the
United States against Elverton R. Chap
man, and the United States against John
w. Mccartney, are substantially alike, and
purport to charge an offense against the
ueIenoantS under Section one hundred and
two of the Revised Statutes of the United
states, which provides that Every person
VINO, having been summoned as a witness
py the authority of either house of Con-
gress' TO give testimony or. to produce pa
pers upon any matter Of inquiry before
either mouse, or any committee Of either
house of Congress, willfully makes default,
or who, having appeared, refuses to an
swer any question pertinent to the question
under inquiry, shall be deemed guilty of a
mlsdemeanor, punishable by fine of not
more than one thou sand dollars nor less
than one hundred dollars, ana imprG;on-
ment In common Jail for not less than
one month nor more than twelve MONTHS
What the Indictments Charge.
1.-The indictments briefly stated charge in
rtofa Ian
American Sugar Refining Company is a
corporation having a capital stock Of $751;
100000. divided into shares Of 800 EACH
that It's business was, and is, the refining
and production Of the higher grades Of
sugar. upon which there was a duty, under
the tariff law Of October 1. 1890, from GER
tain lower grades Of sugar and materials
which were upon the free list under said
law, and from certain sugars produced In
this country upon which bounties We're
paid under said law, and that said corpora
ton by reason of its great resources and
the extensive manner Of its business, under
the operations of said law was able to
control. regulate and fix the price for said
higher grades Of refined sugar. and that
after the passage of the said law and by
reason thereof its stock became largely
enhanced In value because of its profits:
and SO remained until the proposed
passage OF the tariff bill introduced
in and passed by the House of
Representatives during the last session Of
Congress-, and that the proposed removal
of the said tariff and bounties by the last
mentioned proposed legislati ton, should 1t
become a law, would be greatly to the dis
advantage of said corporation and greatly
lessen its profits. and that by the passage
OF said bill by the House the value of the
stock of said corporation was greatly i'm
paired and lessened; that said tariff bill
as 1t passed the House was reported to the
Senate on the I'd day of February, 1884.
1 IN q lrnit nm
finance, and that said committee on the
10Th day Of March, 1884, reported said bill
back to the Senate with certain proposed
amendments, the effect of which, II adopt
ed by the Senate and concurred in by the
House, would be to place a duty upon the
higher grades Of refined sugar and the ma
terials from which the same are manufac-
tured, which report caused a great adj
vance in the value Of the stock of said cor
poration; and that on the 7th day Of May,
1894, certain other, proposed amendments
to the said tariff bill were submitted to the
Senate by an individual democratic men,
Der of the said finance committee Ito
which political party a majority Of the Sen
ators belonged), known the Jones
amendments, and that said last mentioned
amendments were submitted to the Senate
in pursuance Of an understanding amongst
a majority Of the democratic members of
the Senate, and that one OF the proposed
Jones amendments provided for the strik-
ing out from said tariff bill, as it
passed the House, the provision which
placed upon the free list the higher grades
Of sugar and the materials from which the
same were manufactured, and placed
duty thereon, the effect Of which last men
toned report was to further enhance the
value Of the stock of said corporation, and
that the said tariff bill and the proposed
amendments were before the Senate for its
consideration from the times they were
respectively reported to 1t, and on the
nth day of May, 1894. while the same were
still pending and undisposed Of. the Senate
adopted the following resolutions:
whereas, 1t has been stated in the Sum-
a newspaper published in New York, that
brides have been offered to certain Senators
to induce them to vote against the pend
ing tariff bill, and
''Whereas, 1t has also been stated In a
signed article In the Press. a newspaper
published In Philadelphia, that the sugar
schedule has been made up as 1t now stands
Of large sums of money paid for campaign
purposes of the democratic party; therefore,
Resolved, That a committee of five Sen
ators be appointed to investigate these
charges, and to inquire further whether any
contributions have been made by the sugar
trust, or any person connected Herewith,
to any political party for campaign or
election purposes. or to secure or defeat
legislatiO and whether any Senator has
been, or Is, specializing in what are known
as sugar stocks during the consideration Of
the tariff bill now before the Senate. and
with power to send for persons and papers
and to administer oaths.
The investigation Resolution.
Resolved, further. That said committee
be authorized to investigate and report upon
any charge or charges which may be filed
before 1t, alleging that the action of any
Senator has been corruptly or improperly
Influenced in the consideration of said bill.
or that any attempt has been made to so
influence legislation"
1T is further alleged in the indictments
that in pursuance Of said resolution Sena-
tors Gray of Delaware, Lindsay of Ken
lucky, Davis of Minnesota, Lodge of Massa-
chusetts and Allen of Nebraska, were APP
pointed the committee authorized by the
resolution, with Mr.. Gray as chairman; that
in the article referred to in the second para
graph of the preamble to said resolutions,
1t was charged that some Of the officers and
managers of the sugar trust, meaning there
by Of said corporation, while said bill was
before said finance committee, and before
any of said amendments had been reported
to the Senate, had established themselves in
Washington; that In a conversation between
Henry o. Havemeyer, one of the officers
and managers of said sugar trust and GER
tain members of the Senate 1t was said that
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