Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-02-06
BALK At REDF|E[D
Insurance Companies Object
to His Participating in Report.
COUNSEL ENTERS PROTEST
Mr.. Carusi Takes Stand He Has No
Right to Act as Prose
cutor and Judge.

Whether or not Representative Rcd
field of New York will be allowed to par
ticipate in making the report to tho
House of Representatives on the lnsur-
ance situation in the District of Column
bia and on the Commercial Fire Insur-
aHce Company and the First National
Fire Insurance Company is question
for the investigating committee members
to decide after peruSing the brlef hieo
With them by Charles r. Carusi, general
counsel for the companies. Mr.. CarusI
seks that Mr. Redfield be not allowed to
have any part in the decision OF the COM
mittee on the ground that the Brooklyn
congressman has no right to play the
part Of prosecutor and judge
'In the present trial. says Mr.. Carusi.
prosecution, investigation or hoWsoever
1t may be properly styled. Mr. Heoneia
has combined in his person the role OF
complaining witness and of prosecutor or
these defendant companies. 1T 1s re-
spectfully submitted that to that role the
addition of the functions OF Judge
would be ViOlative of accepted notionS Oh
hustle ard air play h" Thus MIR. Red
field. as prosecutor. was given latitude
I'm the matter making good the repre-
sensations upon the basis of which TINS
Investigation was ordered. which couid
not have obtained in any OF the ordinary
tribunals.
1.-The record discloses that this 1nvestl-
cation was perhaps the unexpected out
growth of a deliberate conspirac! 10
wreck the defendant companies by a
campaign of publicity of such character
that without trial or opportunity to De
heard in their own behalf. their credit
should be destroyed, their business ruined
and their competition removed
Given Credit for First Moves.
The brief goes on to say that the first
moves were made by Col. Judson and Ed
ward ]. Steliwagen. The brief also pays
considerable attention to the attitude Of
local newspapers in. not publishing
statement prepared by Col. Judson. and
which perhaps would have injured the
insurance companies greatly The brief
continues:
1T would appear, therefore. that the
only hearing these companies We're ever
given was the result of Mr.. Redfields
view that having silenced the newspapers
some means should be afforded whereby
the public press could safely publish con-
corning these companies unprivileged
matter which it had declined to publish
because of its libelous character. and, In
this connection, counsel respectfully sug-
geSt that this is one of the most unique
uses to which the privilege. accorded by
law to members of Congress to speak
unrestrainedly on the floor of the House
concerning public measures under discus
sion. has ever been put in more than the
century that the House OF Representa-
tives has endured. 1t is certainly not a
precedent calculated to perpetuate the
privilege or to result in broadening its
scope.
1T may not be Inappropriate to call
attention at this point to the fact that
the privilege given by the law to the
legislative. judicial and executive branch
of government is strictly limited in
the case OF the first mentioned. to those
debates which occur uQon the floor of
the House of Representatives when the
Speaker is in the chair and the House
is In formal session. Except 90 far a
member OF Congress il protected by this
exceptional defense from the ordinary
sponsbility which attaches to the publ
cation of defamatory statements, which
may upon investigation prove to be un-
true, those aggrieved by such statements
have right to demand from the courts
Of justice OF the country that an equal
measure Of responsibility shall be ap-
piled to members of Congress we'll as
to the less privileged classes.
Right to Judge Is Challenged.
Counsel respectfully submit that the
antecedent connection of Mr.. Redfeld,
with the common purpose of Lieut.. Col