The record-union., 1897-03-10
THE SENATE Is RIGHT.

The Senate of California in punishing
the men of the San Francisco 'EXamln-
err yesterday did just what its duty de-
manded. 1t could not have done other
wise and have commanded therespect OF
the people. Had it failed in that duty 1t
would have invited public contempt. But
it has demonstrated that there is power
in self-government to enforce its de-
crees and command respect for its au-
thority.
1t was a very simple case and its
statement can be made very clearly. The
newspaper charged that Senators, nam
ing none, however, were guilty OF cor
ruption in voting for a certain measure
what the measure was or Whether
Senators are guilty or innocent cuts no
figure in the contempt case. The paper,
on the basis of it's own charges, de-
manded that the Senate proceed with an
investigation. That body did so by ap-
pointing a committee that might prop
erly be called one of inquiry, as its duty
was to ascertain if there was ground for
procedure against any Senator or Sena-
tors for corruption.
Naturally that committee called upon
the editorial managers and correspond
ents of the paper to give it the necessary
information that would enable it to re-
port the facts to the Senate and set on
foot the necessary trial of the guilty II
any are guilty. But these witnesses
when called, contemptuously refused to
furnish the necessary information
They first challenged the jurisdiction
of the Senate; secondly, they declared
that what was asked of them called only
for hearsay testimony, thatwas therefore
inadnissible and not pertinent. Thirdly,
they pleaded privilege that their infor-
nation. whatever it was, was a conf
Dental communication; and, lastly,
they pleaded that the Senate has power
to proceed to try its members only, with
a view to their punishment.
If these contentious were well ground
ed. they would be destructive of the
mower of the Senate either to protect
itself or the State, or to evolve the
truth with a view to punishment of its
own members or anyone else. 1t must
be evident to even the intelligence of a
schoolboy that the Senate has the
power to inquire, in the nature of an
| inquest, into matters that will lead to
the indentification of someone who is
/ euiltv. or that no one is guilty, and that
! such inquiry must precede any possible
trial Of any member of the Senate in
case where no one is named by the ac-
cuser. but all are included by dragnet
accusation. The Senate, therefore, has
Jurisdiction to hold such an inquest and
to bring before it and examine any Wit
nesses and 10 punish them for contu-
macy. Again. it must be evident to the
Icommonest intelligence that he who pre-
fers d charge is bound IN common hon
esty to put the tribunal ne invokes to
exercise its ptwer as a body of inquiry,
in possession Of the information upon
which he bases his charge, and that
there is TO protected privilege or con-
/ rdeutial communication that VIII re
ueve him Of that duty except those
/ named in the law. II he has the infor-
nation in any other confidential form,
he IS bound to refrain from preferring
charges upon it until he is able to sus
tain them. or give information that is
not confidential that will lead to dis
closure of the truth.
Put there is no such confidential rela-
t.on recognized by the law as was plead
ed ~ ythenewspaper witnesses yesterday.
If there were there would be no pro-
lection whatever to the citizen from the
libelous assailants of character. who
choose to publish libels in types and
with printers ink in the form of a
newspaper Concerning the plea that
! the testimony asked for would be hear
say. that is q matter for the Senate to
determine when the answer is made. II
is not in the mouth of the witness to
raise objections of that order.
Regarding the plea that the Senate
cannot by proceeding of inquiry hold
witnesses to answer for contempt, be-
cause that body can only have jurisdic-
tion over its own members on their trial
for offenses for which they may be pun
ished by unseating them. the plea is
silly. 1t is begging and boyish, not to
say a cowardly plea. But even accept
ing that plea, the proceeding that the
Senate was then engaged in was for that
very purpose. The legislative body of
the people has the right to preserve its
dignity and character as a group from
libelous assault, and it is its bounden
duty to do it, In doing SO, it may in