Daily press. [volume] (Newport News, Va.) 1896-current, 1908-03-14
PRACTICALLY COULD Not EXAMINE
Every Question They Desired TO Ask
Witness Would Have to be Sub.
mitted in Writing and Passed Upon
by committee-Lilley and RouteII
issue Statements.
tBy Associated Press

WASHINGTON ID. C., March H.
Representative Lilley, of Connecticut.
on next Monday will face the subma-
rinc Investigating committee without
legal counsel to advise him. |, was
learned today that Frank r. Brown
and stiles Judson. the Connecticut at
torneys engaged by MIR, I.illey last
night threw up their engagement and
went home. They gave as the rea
son the refusal of the committee TO
permit examination or cross eXamina-
ton OF witnesses by persons other
Than members OF the committee OK
ccpt through written questions frs
submitted 10 the committee for it;
approval
They felt that under such restric-
tive arrangement legal talent could
lie OF no assistance 10 Mr.. ley.
Chairman Boutell, OF the investi.
cation committee in an interview to-
the following statement:
THE apparent misunderstanding on
the part of the public as TO the at
ttude of the investigating commit
tee toward Mr.. Lilley-missunder
standing appears to have sprung from
public sentiments in which Mr.. Lilley
has been quoted as dissatisfied With
ths prospective course of the COM
mittee toward himself as the origi-
nator OF the resolution of inQury-is
unfortunate.
1T should be clearly understood
that the committee is proceeding not
only within the narrow lines laid
down by the law. but as with n view
and purpose to protect Mr.. Lilley and
to prevent this investigation from de-
tcriorating into n laughing stock and
a farce.
MIR. Lilley objected estly to be.
ing compelled to appear as the first
Witness before thee committee. He
told the committee that he thought
the investigation should proceed along
different lines; that he should be al
lowed to name the order of the wit
nessss and that he thought his coun-
sci should have the privilege OF ex-
amining and cross examining them
directly.
Now the fact is thaAsif we had ac
coded to this desire and placed wit
nesscs OH the STAND before founda.
llOl Dt0H iSiiU Wy tit ltSAililOt1
of Mr.. I.illcy himself. we should have
been proceeding contrary 10 law, and
the witnesses sulpoened by the COM
mttee could not only have disregard
ed the summons and treated them
with contempt, but could have brought
action for damages, against the ser
geant-at arms of the House of Rep
rcsentatives in case the summons
were obeyed The law surrounding
the process known as subphoena duceS
tcum, which means subpoena re-
curing the appearance OF person and
the bringing with him of papsTs and
documents named in the summons, IS
very strict. II requires. among other
things. that such Il subpoena shall not
issue until after n foundation has
been laid for the investigation con.
ccrntd: and the only way to lay that
foundation. the only possible way.
was TO place Mir i4iiley on the stand
and have him testify
Says It's Painful Affair.
IL wish to state very clearly, as
chairman of the Investigating commit.
tee that We propose to proip this
painful affair TO the very bottom:
and i'll doing so we propose 10 proceed
within the law and with due regard
for TIE welfare Of Mi. Lilley as n
members CT the House. In pursuance
of this course the committee today
decided 10 call on Mr.. I.illey for a
list of the witnesses he desires 20
have summoned and for full state.
ment in connection with each wit.
ness of the papers he desires 10 have
that witness bring. AS soon as this
list is received by me shall issuesub-
poenas duces treum for all of these
Witnesses and they will be summoned
at once by the sergeant at-arms.
'"rhe committee has thus placed en-
tirely in the hands of Mr.. LiIley and
his attorneys. the question OF what
witnesses shall or shall not be called
at this time. and what papers and
documents shall or shall not be pro
duced} The committee will resume
It's sitting next Monday tfhdy to
sweaH and to hear such witnesses as