Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-05-28
WILL MAKE WAR
The Senate Investigating Committee
on the Newspaper Men.
THE SENATE TO DETERMINE
Whether They Shall Be Com
pelied to Answer Questions.
BRIEF FOR MR.. WALKER

Apparently the Senate investigating COM
mittee has been angered to that extent
that they will make war on the newspaper
men who have published things about
bribes and speculations In connection with
the tariff revision and refuse to disclose
the sources of their information. The gen.
eral understanding this morning is that
the matter Of compelling testimony will be
brought before the Senate this afternoon
or tomorrow. The three newspaper men
who have been before the committee-Ed-
wards, Shriver and Walker were on hand
today with their attorneys. Ex-Speaker
Sulzer. attorney, and Mr.. Mcdonald OF the
american are standing at the back of Mr..
walker, and the others are represented by
the attorney who has already appeared for
them- Mr.. Sulzer had a conference with
Senator Gray today as to the attitude of his
Client, and was informed that the commit
tee had suspended taking testimony until
the question OF their right to compel testi-
mony was settled.
The Power Over Newspaper Men,
Ine expectation Is that the main question
OF whether there has been any improperly
on the part OF Senator'S and other officials
In connection with the tariff will be obscur-
ed by the graver question of the power the
senate may have over newspaper men. II
looks as II the investigation might be d.
verted entirely.
1t is not improbable that this new phase
OF the situation may develop much that is
serious In the opinion of some of the best
lawyers In Congress the Senate can compel
witnesses to give testimony or secure their
punishment, either directly or through the
courts IL Is thought that the matter will
be carried to the last extremity: that the
committee will pursue the men who have
refused to testify until the question is set
tied fir ally to whether they can be nun
ished- Meanwhile it is thought that the in
vesttgation proper will stand suspended.
Mr.. Sulzer. in default of his personal an
rearanee before the committee. was allowed
TO submit brief. in Mr. Walkers behalf
which he did. as follows:
Brief I'm Mr. Walkers Behalf
TO Hon. George Gray and the Senate COM
mittee:
MI walker. the correspondent for Daily
America and Mercury, a newspaper publish
ed in the city Of New York, objects and de-
clines to further examination herein, for the
following reasons, to wit:
FIRST, that the committee is without juris-
oiction In the matter
Second. that the questions asked Mr. yvo,
ker call for hearsay testimony which Is NOT
the best proof obtainable
ihlru that the questions are incompetent
uimaterial and irrelevant to any and To ali
the matters referred to the committee
Fourth, that the resolution under and by
virtue OF which the committee Is acting is
spec1nc. and limits the powers of the com
.nittee 10 certain definite allegations there
In enumerated.
Fifth. that under and by virtue of said
lesoIution the committee can call witnesses
whose names have been mentioned in con-
nection with the subject matter therein
VINO can prove or disprove the charges al
lessd. The so-called sugar trust is on trial
pOndents.
Sixth. that the information sought to be
enclted by the questions propounded to Mr.
walker might be made the basis of a
nd fr fu
mat the answers would tend to degrade
MIN In the estimation Of all honorable men,
being In violation of condolences reposed in
him on his word of honor as a man
Seventh. the law and the precedents. of
the land are against the contention herein
made on the part of the committee. See
Hitchcock
The refusal of Mr.. Walker to answer in
competent, immaterial and irrelevant uues-
lions relating to his personal business af-
fairs and within the scope of his profess
slonal capacity, and not directly connected
with the subject matter at issue. is not a
contempt Mr. Walker stands On a great
principle OF constitutional freedom. the in
fringement of which means the breaking
down Of the liberty of the press.
Eighth That there is nothing in the reso-
luton referring TO Daily America and Mer-
curry a newspaper published in the city of
New York. or to it's Washington correspon-
dent. Mr. Walker, and the contemplated fur
ther examination of Mr.. Walker is beyond
the legitimate scope of the authority vested
In the committee, and the questions asked
by the committee relate to his professional
business and personal employment and seek
TO have him divulge confidential communica-
tions. which in honor he is bound not to re-
veal or divulge.
Ninth. that the session of the committee
Ehould be open. There is in the resolution
no authority to hold secret sessions. If 1t
be contended that this is a discretionary
right the exercise thereof in this matter
Is unwise. un-American. undemocratic and
against every theory of our Institutions.
In an investigation of this character the
people view with grave suspicion star
chamber proceeding. The day of secret in
qU'sition is past. 1t has no place in our
system OF government. 1t should never be
resorted to in republic except in time of
war or other great emergencies. 1t Is a
child Of the dark ages. and relic of bar
barism- All Of which Is respectfully SUBJ
mitted.
(Signed) WILLIAM SULZER
PRrsnnnl Menffnn