The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-22

committee Will have to force them to
appear and testify?
Section $50 OF the Revised Statutes
of the United States provides:
no testimony given by a witness
before either house, or before any
committee of either house of Con-
gress, shall be used as evidence in
any criminal proceeding against him
in any court, except in prosecution
for perjury committed in giving such
testimony. But an official paper of
record produced by him is not within
the said privilege"
Immunity From Prosecution.
II is generally believed that immu-
nifty from criminal prosecution would
be given to every steel trust official
tor dotnGs disclosed to the House
committee. whether he was compelled
to appear before the committee and
was sworn or not
When United States Judge lIum-
phrcy gave the beef trust officials their
immunity dip" in 1906. he said that
n subpoena and an oath were not nee
essary TO insure the defendants par
don for everything they had confessed
to Commissioner of Corporations Gar
Held. And when Congress. in 1906.
tackled on requirement. for sub
was not made applicable to inves,iga-
tons bv committees of Congress.
Consequently, the Humphrey dcci-
sion. which has never been interfered
with. except In so far us tho 1906 act
IS concerned. applies. It is thought, to
Investigations by committees of Con-
Gress whether the witnesses have been
subpoenacd and sworn or not
Arc Safe In TesfIfyiDg.
Moreover the Humphrey decision
gives immunity to trust officials not
only FOR unlawful acts confessed in
oral testimony, but also for anything
disclosed by their papers and records
That part of section $40. therefore.
which provides that immunity shall
not be given for anything disclosed by
an official paper or record. would not
hold. in view of Judge Humphreys
decision. Nor. indeed, docs II agree.
II Is said. with decisions by tho SUI
premc Court of the United States.
The steel trust people can therefore
appear and testify before tho Stanley
committee and produce their records,
with no fear whatever of criminal pros
ccution therefor. No summons, no oath.
no compusion is needed to get such
immunity.
From only criminal prosecution, how
ever, is the immunity given. Tho pres
ent equity suit to break up the steel
trust is not affected. The government
is at perfect liberty to make us OF all
the testimony of tho steel trust officials
and the data In their books and papers
that have been spread before the House
committee.
Naturally. therefore. the steel trust
officials do not want to continue to pile
up before tho Stanley Investigating
committee ammunition that the govern
incnt can use in It's dissolution suit.
The resolution Of the House OF Rep
resentativcs of May, 1911. directed the
steel trust Investigating committee to
find out whether thcro have occurred
violations OF law b" the steel trust.
which have not been prosecuted by tho
executive officers OF tho government"
Committee Not Excused.
Perhaps tho steel trust people feel
that inasmuci as the government is
now proceeding against them in civil
suit. this proceeding Is equivalent to
such prosecution" as will make fur
Their action by the House committee
unnecessary. The resolution does not
however. excuse tho committee from a
of tho duty of investigating