The times. [volume] (Richmond, Va.) 1890-1903, 1892-10-22
JOHN I. DAVENPORT DEFIEs THE
CONGRESSIONAL COMMITTEE.

The notorious John I. Davenport, Of
New York city, has assumed position to-
wards the committee of the House of Rep
resentatives sent there to investigate him
and his Office which shows that he holds
1t in utter contempt. He not only refuses
to obey it's summons to appear before 1t,
but grins so broadly that an innocent per-
son may say he is laughing at it. The
New York Sun says, editorially, the
House of Representatives has delegated
its immense authority to this committee,
and that 1t should go TO the full extent
Of its power, in order to teach this per-
son a lesson" 1t adds: Its power is the
power of the National Legislature with
respect to witnesses that wilfully make
default
This Is the common remark that the
newspapers have made upon the event.
and nothing could more plainly demon
strate the well-known ignorance Of funda-
mental law which the average newspaper
writer possesses than this view of DAY.
exports case. The fundamental law Of
the situation is this:
The Constitution confers upon the
House of Representatives power to disci-
pline and expel its members, and 1t makes
that body the judge Of the qualification,
election and return Of It's own members.
1t, therefore, makes 1t a quasi court in
respect of these two matters, and the
House consequently has an inherent au-
thority to punish recalcitrant witnesses
in these two matters, by virtue OF its
charactre of quasi court. But II is
doubtful IL 1t has this inherent power in
respect to any other matter whatever
and II is equally doubtful II Congress
could enact law to confer such power
upon 1t in respect to any other matter.
We do not say it would be beyond the
power of Congress. acting as law max
ing body, to confer such power upon the
| House In any Gaze, because the point
has never been judicially and finally de-
termined. We express. however, a very
decided opinion that it cannot be done,
and for the following reason:
The Fifth amendment declares that no
person shall be deprived of life, liberty,
or property without due process Of law.
Now, the Supreme Court Of the United
States has many times held that due
process of law involves the right Of a
person proceeded against. either crimi-
nally or civilly. to a trial of the matter
| 4,
be distinctly notified in advance Of the
character OF the charge, where he will
be confronted with his accuser, and where
ne will have full opportunity to cross-ex-
anime the witnesses against him.
The House Of Representatives is in no
sense court and is part of department
OF the Government essentially distin-
guished from the judicial department, and
the Supreme Court. while not declaring
in terms that the power cannot be con-
ferred upon the House, questioned it to
such an extent In Kilbourns case as to
leave very little room for controversy.
In saying what we DO. we are not talking
at random. We are discussing settled
| principles of our constitutional law which
have been determined and promulgated
by the Supreme Court OF the United
! States
In 1876 the House OF Representatives
undertook to investigate the transac-
tons OF the real estate pool in Washing
ton city, with which many public scan
dals had been connected. 1t charged a
| committee with the duty OF doing this,
comforting upon 1t power to summon and
examine witnesses. The committee sum
moned before II Halet kilbourn. the sec
rotary of the pool. and asked him who the
: members Of the pool we're. He rssussd to