Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-19
MAY NOT PUNISH HIM
Discrimination to Make a Mar.
tyr of BigeIoW.
SENATORS DO NOT AGREE
Division in the Interoceanic Canals
Committee.
THE EFFECT OF DRASTIC ACTION
It is Contended That Such Course
Would Handicap Future In
vestigations.
SENATORS DO NOT AGREE
HE EFFECT OF DRASTIC ACTION

| Poultney Bigelows defiance of the Seu~
| ate committee on interoceanic canals in
refusing to divulge the source of certain
| information he alleged to have that many
| eminent engineers had declined to go to
| the Isthmus of Panama to engage in tho
| construction of the canal because of phys
| icai conditions. probably will go unpun-
ished- This was made apparent today by
| the postponement of consideration of his
| recalcitrancy until after he has gone on
| with his testimony, which will be Monday
| or Tuesday. The committee had set Nom
| day as the date for his examination but
| Mr.. Bigelow has asked that 1t go over un-
| til Tuesday. While no definite action was
| taken. 1t is generally understood that pros
| ceedings against the witness will not be be-
| gun.
| When the committee convened today. the
| doors were closed. Before the meeting sew
| eral members said they had slept over the
| case and are now disposed not to make a
| martyr" of witness, whose testimony
| appeared to be of too little value to dignity
| his conduct with summary punishment
Proceedings in Executive Session.
| The committee held an executive session
| of two hours. Senator Hopkins offered a
resolution certifying Mr.. Bigelow's con-
| tumacy to the Vice President for action in
| the courts, and asked that it be adopted.
Several democratic senators opposed this
course. and Senator Simmons addressed the
committee at length. He declared that it
was an extraordinary penalty that was pro-
posed and contrary to common law. He
suggested that the courts might refuse to
act on the certification, which, he asserted,
would prove most embarrassing. Concern
ing Mr.. Bigelow's article, the senator said
that there had been many other articles
| written against the canal management by
| other writer's equally bitt " who have not
been called into diSrepute, and that this
one appeared to have been singled ;ut by
| the President for asdenunciatory reply. He
closed with the statement that he would
never sign resolution to certify the case
to the courts, and he was Joined in this by
Senators German and Taliaferro. Senator
Hopkins withdrew his resolution.
Division in the Committee
Discussion in the committee soon develop
ed the fact that the committee is not so
much dealing in this case with its power
over recalcitrant witness of this kind as
it is with the general policy involved in the
exercise of that power. Senators agree that
that they could send Mr.. Bigelow to JAIL
There are some Sena tors on the committee
who, it is understood, were rather inclined
to that view of the subject. But there are
others who look beyond the Bigelow case
in particular and view this matter from the
broad standpoint of public policy.
terday questioned Mr.. Bgelow and insisted
that he should give the name of his inform
ant on matters that he said were gwen him
confidentially, Senator German quietly re-
marked:
"Mr. Chairman, 1 would like to have all
the information we can get"
That remark was brought out by the In
sistence on the part of Mr.. Knox that the
committee did not want any OF Mr.. Blge-
lows impressions or his opinions, but that
it proposed to get right down to such testf-
mony as would be admitted in an ordinary
court case.
T,hse two views of the situation as ex-
pressed then have formed practically the
dividing line on which this matter has since
been threshed out in the secret sessions of
the committee.
Effect of Drastic Action.
The discussions in the committee and such
discussion as has been carried among
senator's. because the Bigelow case readily
passed beyond any limitations of the mere
article written by Mr.. Bigelow, have been
face to face with this proposition:
If Congress should insist in all its hear
ings that are to be had by the committee
on interoceanic canals, and by other COM
mittees well, that witnesses shall give
the names of persons who have talked to
them confidentially, the result VIII be to
curtail to an enormous extent the testimony
that would otherwise come before them. If
any newspaper or magazine writer comes
face to face with the proposition that what
ever statement he may write may be taken
up by such committee, that the writer
may be called before the committee and
forced under the penalty of Jail mprison-
ment, to tell the source of his information,
the result would be to suppress an enor-
nous amount of valuable information.
In this case, II is argued, if Secretary
Taft or any other official of the government
has been personally injured by publica-
tion such that written by Mr.. Rgelow
he has the same right any other citizen
in seeking redress in court. His official po-
stion would give him right to what
would amount to court trial before a
committee of Congress. Congress might
for its own information, see fit to investi-
in seeking redress against particular in
dividual would have to pursue the same
course as ordinary citizen.
Aim of the Investigation.
So IT is said that, after that phase of such
a case Is eliminated, the purpose of a COM
mittee investigation such as is now being
conducted by the Senate committee on in
teroceandc canals is to get facts. 1t is TO
find al that II is possible to learn in rela-
ton to the manner in which affairs On the
isthmus are conducted If witness is
willing to give information that will guide
the committee In securing other testimony
that will allow 1t to prove a case many
senators believe that the committee should
welcome such information. They also be-
lfeve that If they undertake to force wit
ness to testify as to the names of those
who have given him confidential informa-
ton they will build up about themselves a
stone wall that will be absolutely proof
against the possibility of free inquiry.
Discussion in Committee.
The committee remained in executive ses-
sion yesterday afternoon until 10 O'Clock,
when the doors were opened, and Mr.. Bige-
low was interrogated by Senator Morgan.
who warned the witness in such manner as
seemed to commit the committee to pun
ishment IL he continued to bring himself
into contempt. but the advice was of no
avail. and the doors were ordered closed
again.