The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-01-09
CARTER CAN'T GET COUNSEL.
FIELDER DOESN'T FEEL AUTHOR
lied 10 EMPLOY A LAWYER.


Half n Dozen Lawyers on the House
Committee and the Chairman
Thinks They Can he Depended on
to Bring Out All the Testimony.
Hon. Hewlett Hall Questions the
Authority of the Committee 10
Hear Pleas For the Defense.
Atlanta, Ca, Jan. S.--Senator Yancy
Carter to-day made a formal request to
Chairman Fielder of the judiciary investi-
eating committee for the employment of
counsel to conduct the investigation. In
his letter to Chairman Fielder he suggests
that an attorney could be employed at the
expense of the state, as the authority to
make the investigation carried with 1t the
right to employ counsel. He says the fact
that Chairman Fielder requested Attorney
General Terrell to represent the state in
the attitude of prosecutor is conclusive
evidence that the committee recognizes the
need of legal help.
This afternoon Chairman Fielder replied
to the request of Senator Carter by say
ing that he did not agree with him that
the committee had any authority to employ
counsel, and therefore, he could not do
so. Chairman Felders idea is that the ex-
animation of the witnesses will be conduct
ed by members of the committee designa-
ted from day to day. There will be a half
dozen lawyers on the committee, and al
though he deemed it advisable TO suggest
to the attorney general that he assume
ona Of ha utn he hac
thority the committee will do the best it
can. He says that the committee may be
depended upon to develop all there is in
the charges against the judges.
Hon. Hewlett Hall of Coweta county,
one of the members of the committee, has
written to Chairman Fielder saying that in
his opinion the committee will not have
authority to hear the defendants side Of
the cases at the investigation, which COM
| mences next week. The position which lie
takes is that the committee must sit as
a grand jury and make its report to The
House on ex parte testimony, the same as
a grand jury would do in finding a bill of
indictment. Mr. Hall says that all prece-
dent is in favor of this course. The
time when the defense can be heard no
contends, is when the impeachment pro-
ceedings are instituted and come to trial
| before the Senate, with the chief justice
presiding, and not before that time.
Chairman Fielder to-day replied TO Mr..
| Hall, saying that he was inclined to agree
| with him in this position. Mr.. Hall will
make the point before the COMMITTEES
! when it meets, and If sustained then
| none OF the witnesses summoned by Judges
! Reese and Sweat will be introduced before
! the committee. These witnesses have
1 been summoned. however. Chairman
| Fielder states, because the subcommittee
charged with this work did not feel that
it would be authorized to decide the
method of procedure, which will have
to be done by the committee itself when
| it meets.
1t is expected that the work of tho com
mittee will not be finished before the
meeting of the legislature to hear the re
port Senator Carter to-day submitted
another batch of witnesses and will con-
tinue to add to the list until the investi-
| cation commences, he says, If he finds
| that he needs them.
The subcommittee has not decided
! whether they will subpoena these wit
| nesses named after Jan. or not, that be-
ing the day set for submitting the names
| of all witnesses. The committee will de-
eide this point also, as there will be plenty
of time to get witnesses here after the
| hearing begins.