The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1895-01-26
THAT SUGAR INQUIRY.
Demurrers Of the Indicted
Witnesses Overruled.
TO PLEAD TO THE INDICTMENTS

The Cases Will New Probably Go Direct
- the Usited States ssprsns Court
- . Writ Of Hsbsss Corpus. Follow
isg Piss Of Not 0uiity.
WAsHIxoTox. January l9.-All the de-
murrers offered by the defendants to the
indictments against President Have
meyer and Secretary searles Of the
American Sugar Refinery Company.
Broker Seymour and Correspondents J.
!. Edwards and J. 8. Shriver were over
.uled to-day by Judge Cole in the Crimi-
nal Court. and the defendants were re-
quired TO plead TO the indictments.
The cases will now probably 60 direct to
the Supreme Court on . writ Of habeas
corpus, following plea Of not guilty by
the defendants. In the two cases against
Edwards and Shriver, the newspaper
correspondents. the court said the only
cases were, first, - to the relevancy of
the particular question put to the news
paper correspondents; and second,
whether they should he excused from
answering on the ground Of privileged
communications. As TO relevancy Judge
Cole stated that both witnesses had
testified they did not have personal
knowledge Of the matter specially pub
lished, bot claimed to have information
from persons understood to have per-
sona knowledge Of the matter. The
other was . question pertinent TO the
inquiry - to their informant's name.
The court ruled that it was pertinent to
the information being . privileged COM
munication. The court said it did not
appear that either correspondent re-
fused to answer on the ground that it
might incriminate, . question which the
court might have considered. The court
then said:
at has never been contended before
in q court OF justice that . newspaper
editor, reporter or correspondent or any
one engaged in the newspaper business
lie TO be considered pereon with whom
q confidential communication may be
lodged and protected rs between At
torney and client or priest and confess
sor. There could be no more dangerous
doctrine than that . newspaper might
obtain information whose effect might
work great injury and detract from the
reputation or character OF . party or
body, and the claim Of privileged COM
munication then be made. That rule
would be very demoralizing. There be-
ing no Law to that effect which the court
could follow, the demurrer in both cases
must be, therefore, overruled, and the
defendants must answer by pleading to
the indictment"
The court then took up the cases OF
the Sugar Trust officials, Havemeyer
and Searlee, and il held that the Ques-
ton a. to the amount contributed by
the corporation TO campaign funds was
sentiment and proper. The court said
1.-THE question 10 whether pending
legislation had been effected by the fact
that the Sugar Trust, so-called, had
made large contribution to the cam
paign. AZ . general proposition it is
undoubtedly true that Congress has not
the right to inquire as to contributions
made by . corporation I; but the influence
on legislation by such contributions 10
another question. Now. il the action oil
the Senate and OF particular Senators
had been controlled by contributions,
then Congress had the right 10 inquire
into il, and the amount OF the contribu'
ton was Of very grave importance
These witnesses answered every Ques-
ton except the question Of amount
About this Congress had the right to in
quire, and these gentlemen should havt
answered. As to the contention that the
Senate Committee had no right to in
quire because the contribution appearet
to be local and not national. this was re
garded to be immateri. l."
1t 10 said to be probable that the de
PENDANTS will now be surrendered b,
their bond.men and plead guilty, b
placed technically in Jail, being unde
the custody OF the United States Mar
shall, and that the next procedure vii
be to apply to the United States cour
for writs Of habeas corpus.