The Washington times., 1894-05-21
w1LL. TT Re A FARCE!

In connection with the proposed investiga-
ton of the operations of the agents OF the
sugar Trust, which Senator Grays committee
promises to take up after the charges of SEN
atorial bribery have been disposed OF, some OF
the subsidized organs Of trust and other
special interests have been at great pains to
publish historical sketches of former congress
sional inquiries of like character.
1t is averred that the forthcoming investi-
cation will be thorough in every respect, and
doubtless it is the wish Of every member OF
the committee that all the essential facts
should be brought out. The precedents. how
ever, are not very encouraging. The COM
mittee have bsen looking up the precedents,
and find that they have the power to send for
persons and papers and to administer oaths;
but it is altogether different matter to COM
pei witnesses to produce papers or to testify
to facts that would in any way criminate
themselves. The terrors OF Imprisonment for
refusal to answer the questions of Legislative
investigating committees no longer serve to
intimidate witnesses. and there is now little
danger of Incarceration for contempt.
Toward the close Of the last and the begin
ming of the present century there were a
number of cases in England where witnesses
refused to testify at the bar Of the House of
Commons or before its committees and were
imprisoned for their obduracy. After vary
ing periods they were released without trial,
and it is still an unsettled question as to the
powers of the British legislature over such
matters. It has been a long time, however,
since a case of confinlng witness for re-
fusal TO testify has occurred in Great Britain,
and. regardless of the abstract right of either
house of parliament to inflict such punish
ment. the practice is now generally looked
upon as obsolete.
In 1875 and 1876 the House Of Representa-
tives OF the Forty-fourth Congress set on foot
a number of Investigations. The committees
conducting them had great difficulty in ac-
quiring the information desired. Some of
the witnesses were remarkable for what they
did not know concerning matters with which
the public supposed they were perfectly
familiar. Books and papers asked for by the
committees were fatty refused, and the wit
nesses were declared in contempt Of the
House and locked up.
They were soon released, without, however,
yielding up the coveted information and
without trial by any properly-constituted
tribunal. subsequently suits for damages
were instituted, which in one case at least,
were recovered after many trials, but not
until it had been passed upon by the court of
last resort
Because of the refusal of these witnesses to
so testify or to produce the books desired the
investigations amounted practically to naught.
and the indications are that the present in
yestigations will be similar in result.
To properly handle cases of this character
there should be created a court having compe-
tent jurisdiction to hear and determine, with
full power to subpoena witnesses, requiring
them to testify under oath and to produce
books and papers relevant to the issue under
pain of commitment for contempt.
Were this done, The TINES thinks that these
investigations would not prove in the future
the farces they have in the past.