Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-02-26
SEVERAL ARE UNABLE TO co.
John Henry Smith Still in Bed-Moses
Thatcher Sends Doctors Certificate
And Letter.
N. W. MERRILL SERIOUSLY SICK.
Some SubpOcnas Yet unserved on Ac.
count of Absence From State of a
Number Who We're Wanted.

The witnesses In the case OF Senator
smoot so far as they have been sub
poenaed or are able to go, leave in the
morning, departing for Washington
over the Oregon Short Line and Union
Pacific at o'clock. President Smith
VIII be among them, having been sery-
ed with the necessary papers late yes.
terday afternoon, as announced in the
News last evening. after having no
tilted the United States marshal that
he was ready.
Several witnesses are too III to go.
Among these Is Hon. John Henry Smith
who. as heretofore announced, is con-
fined to his bed with rheumatism, This
fact VIII be duly and officially certified
to Tor the Information of the senate
committee Of inquiry. Apostle NJ. w.
Merrill Is critically IN and has been for
many months Hon. Moses Thatcher
has sent a physicians certificate to the
committee ana a letter to Chairman
Burrows setting forth his physical in.
ability to be present at this time and
adding that should his testimony be re-
quIred on his recovery he would be
pleased to respond TO the summons I'M
medlatcly
But the witnesses who are IN will not
be the only ones who win not appear
apparently as some of those wanted are
scattered from Canada to Mexico.
ABOUT COMPENSATION.
The compensation OF the witnesses in
the Smo0t Casesummoned4f rom Utah is
decidedly different from that Of the Or
binary witness In the United states
courts That ls, II Is not based on mile
age and fees.
Each Of the smoOt witnesses VIII re-
ceiye his actual expenses" from the
time he starts until he reaches Wash
lnston and reports to the committee.
Than the expense account ceases and his
remuneration begins at So per day tsup-
posed to cover llyng expenses and
continues as long as the witness Is in
attendance uEon the committee. For
the return trip the actual expenses"
Is again allowed.
This term refers. first Of all, to the
railroad fare which Is something like
5000 each way, 10 sleeping car fare,
go each way and 10 meals en- route,
both ways. No money Is advanced, ex-
ccpt there Is a case where the witness
Is unable 10 pay his transportation. Ar
rangements with the government are
then made through the United States
marshal The government. ordinarily,
pays out no money until II has had the
services Of the subpoenaed person and
receives q sworn expense account from
him.
II mileage Of cents per mile were al.
loved as In the case Of federal court
witnesses each OF the people summoned
To Washington would receive s2i0 for
the round trip, instead of $500 the ac-
ual cost Of transportation.
As II is the trip win be an expense to
very witness For living in Washing
on on 81 per day is almost as unrea.
ionable ms the feat Of Atlas,
Marshal Haywood was at his Office
- usual today The only one of the
orce stll In the field Is Deputy Smyth.
'ho Is down south. II is believed that
lie viii not return until Sunday, as the
'laces he must visit are some distance
part No return was received from
lin today.