Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-10-14
SUGAR STILL THE THEME.
OCCUPYING THE SUPREME COURTS
ATTENTION.
Did the Senate Have the Right to
Force Witnesses to restify-A
swindier Claiming TO Dc United
States Army 0mcer.

washington. Oct. 1s.--Nfr Shellabar-
ger continued his argument today In
the case OF Chapman and Mccartney.
indicted for refusing TO answer ques-
tons before the senate sugar nvesti-
eating committee. He criticised the In
nuendoes In tho indictments which
explain each statement contained there
in. The resolution under which the
indictments We're made. he asserted,
did not give the committee authority
to require or compel answers to the
questions asked.
He then referred to Halict-Kilbourn
case. and the decision OF the supreme
court therein. 1t was, he said, the
absence OF an avowal In the Kilbourn
resolutions OF any intent or purpose
ON the part OF the house to make the
investigation in aid OF either OF the
Judicial OF the executive functions Of
that body which justified the court In
reaching the conclusion that the reso-
tuition did not give the houae any Juris-
dlcuon to punish for contempt. Mr..
Shallabargor then analysed the senate
resolution. There Is nothing In II or
In the indictments, he said, showing
mn avowed purpose on the part OF the
senate In making Its Investigations to
base uny legislation OF the senate, eith-
er judicial or legislative, upon what
might be discovered by the commits
tee touching the dealing In sugar stock
by the senators. On the contrary, the
resolution showed afliimatlyely and OK
pressly that the senate did not con-
template raising any legislation against
any senator unless charges should be
fled before the committee against any
senator He asaerted that the court
decislon In the Kilbourn case thor
ougniy covered the present case.
Discussing contempt proceedings in
the house OF congress, Mr. Shalla-
barger Insisted that whore a legislative
body Ia making an investigation or taxi
Ing steps looking to the compulsory
production OF private papers. such
steps are judicial In their nature and
must be pursued according TO the rules
which apply to judicial proceedings.
Mr. Shellnbarger declared shat In
order to give Jurisdiction 10 compel
| disclosure OF private affairs, II must cx-
| pressly and afiirmatively appear by the
| record that the investigation is resorted
10 In the nid OF the judicial powers OF
the legislative body. or In aid OF nome
expressly avowed and contemplated
legislation. and that any and NIL stat
| utes compelling the disclosure OF pri-
waite affairs, otherwise than In such
| judicial proceedings as that Just stated,
are unconstitutional and void"
Mr. Shellabarger, IN his conclusions.
found that there II nothing to show
that the Investigation aimed at the
aid of legislation or aimed at the aid
OF action upon the judicial powers
named In said paragraph OF the syi-
labus ia the iilbourn case; but the
whole scope. body and connection OF
the resolution shows that 10 far as
related to speculation In sugar stocks.
the object OF the investigation wns tho
very proper one OF. and was confined
| to the freeing Of the senators. one
and all, from tho suspicious which
wore calculated 20 be excited by news
paper charges made against them ro-
garding their Bpeculatlona, during tho
tendency Of tn. tariff bill In the SEN
ate. In sugar stoots,
Judge aheliabarger was followed by
United states District Attorney Birney
IN support Of the Jurisdiction OF the
senate and It's right TO compel wilt
nesses answer questions. When the
district attorneys argument was con-
cluded All adjournment was taken until
Monday morning. when Judge Jere
Wilson resumes tho arsument for the
| defense.