The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-03-14
Those First Engaged Refuse
to Act Under Committees
Restrictive Methods.
PROBE TOBOTTOM, SAYS
CHAIRMAN BOUTELL
Statements and Counterstate-
ments Show Friction Between
Complainant and Investi-
gators-Chargc That
Lilley's Stories
Differ.

Lllleys Stories
Differ.
wv 7AsHINeroN, March ar 1s.-Rep
NV resentative Iilley, of Con
WV necticut. on next Monda,
" Will face the Submarine In
vestigating Committee. witt
counsel to advise him. 1t was learne.
to day that Frank T. Brown and Stile.
Judson, the Connecticut attorneys en-
gagged by Mr.. Lilley last night. threp
up their engagement and went homo
They gave as the reason tho refusal o
the committee to permit examination
or cross.examination of witnesses b.
persons other than members OF tn
except through writtcl
questions first submitted to the com
mittee for its approval. They felt tina
under such restrictive arrangement
legal talent could be of no assistanc
to Mr.. Lilley.
statement of Chairman.
Chairman Boutell, OF the investi
eating committee. in an interview to
day with the Associated Press, mad
the following statement:
The apparent misunderstand-
ing on the part OF the public
as to the attitude OF the investi-
eating committee toward Mr.. Lii
ley-a misunderstanding which APP
pears to have sprung from public
statements, in which Mr.. Lilley has
been quoted as dissatisfied with the
prospective course of the commit
tee toward himself as the origina
tor of the resolution of inquiry-is
70 orf, te cH he. ,11. .oy-I,
understood that the committee Is
proceeding not only within the
narrow lines laid down by the law,
but also with view and purpose
TO protect Mr.. Lilley and to prevent
this investigation from deteriorat-
ing into laughing stock and a
farce.
"Mr. Lilley objected earnestly to
being compelled to appear as the
first witness before the committee.
He told the committee that he
thought the investigation should
proceed along different lines; that
he should be allowed to name the
order of the witnesses, and that he.
through his counsel, should have
the privilege of examining and
ss-examining them directly.
Nov, the fact is that If we had
acceded to this desire and placed
witnesses on the stand before a
foundation had been laid by the
testimony of Mr.. Lilley himself.
we should have been proceeding
contrary to law. and the witnesses
subpoenaed by the committee could
not onl! have disregarded the sum-
mons end treated them with con-
tempt. but could have brought ac-
ton for damages against the server
of the summons. the sergeant-at-
arms OF the House of Representa-
tives. IN case the summons were
obeyed. The law surrounding the
process known as subpoena duces
tecum, which means subpoena re-
quiring the appearance of per-
son ana the bringing with him o.
papers and documents named In
, the summons. is very strict. 1t re-
quires. among other things, that
such a subpoena shall not issue
until after foundation has been
laid for the investigation con-
cerned. and tho only way to lay
that forndation-the only possible
way--was to place Mr.. Lilley on
the stand and lave him testify.
wish to state very clearly
as chairman of the investigating
committee, that we propose to
probe this painful affair to the
very bottom: and in doing SO we
propose to proceed within the law
and with due regard for the pro-
lection of Mr.. Lilley, as member
of the House of Representatives.
In pursuance of this course the
committee to-day decided unani-
mously to call on Mr.. Lilley for
list of the witnesses he desires to
have summoned and for full
statement in connection with each
witness OF the papers he desires to
have that witness bring. AS soon
as this list is received by me I
shall issue subpoenas duces tecum
for all of these witnesses. and they
will be summoned at once by the
sergeant-at-arms
'"The committee has thus placed
entirely in the hands OF Mr.. Lilley
and his attorneys the question of
what witnesses shall or shall not
be called at this time, and what
papess and documents shall or shall
not be produced. The committee
will resume its sittings next Mon
day, ready to swear and to hear
such witnesses as Mr.. Lilley shall
have designated"
; The committee at its executive se
sion this afternoon, In addition to d.
Gliding to ask Mr., Lilley for list
his witnesses, also reached the d
csion to allow any one whose nan
has been mentioned during the cour.
of the investigation, to appear befol
the committee and make statemen
AIr. Lilley's Tart Reply.
Replying to the statement made |
Chairman Boutell, Mr.. Lilley to-nigl
said:
"Referring to the first paragraph
Of the committees statement, I
would say that If the investigation
does develop into farce the re-
sponsibility will rest with others.
as personally begged to take the
responsibility of the investigation
and to furnish the ablest counsel
procurable. The committee has
denied mo this privilege. and from
this time on tho committee must
assume the responsibility OF secur-
ing the evidence from the Wit
nesses whom have designated
and will designate.
Regarding the second para
srapl, or the cliaIrman'a statement,
l would say that tho legal phase
6.e of tho matter as eXpressed by the