The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-02-11
HAS COURT POWER
OVER LAWMAKERS?
Senate Says "NO" and Instructs
Committee to Disobey
Summons.
HOUSE VOTES TO COMPLY
WITH THE SUBPOENA
Controversy Grows Out of Ac-
ton Regarding Award of
Contracts.

WASHINGTON, Feb. 10.-Whether
court at law has power to summon
before it committee of congress, was
the chief subject Of discussion before
the senate and house today
The senate gave positive instructions
to Senators Reed Smoot, Jonathan
Bourne and Duncan Fletcher not to
respond tomorrow to the order issued
by Justice Wright of the supreme court
OF the District Of Columbia, directing
them to appear before him.
The proceeding grew out of suit
instituted by the Valley Paper com
pany Of Holyoke, Mass, as the result
of the committee award Of con-
tract for furnishing paper for the gov
ernment printing Office.
Ground of Refusal.
The refusal of the senate was based
on the plea of the constitutional pre-.
negatives of members of congress, The
senate took the position that as 1t was
n coordinate branch of the government
the court had no right to interfere with
Its business, Incidentally the uues-
ton was raised as to whether Justice
Wright was In contempt of the senate
or whether the senate was in contempt
of Justice Wright
Senator Nelson sought to have the
resolution adopted by the senate so
amended as to permit the senators TO
appear only to test the court IS luris
diction, and said that if the recommen.
dations Of the judiciary committee were
before the senate for contempt.
Mr.. Nelson did not defend the court s
jurisdiction, but said that, as the print
ing committee had acted under n stat
ute and not as the ordinary instrument
of congress, there was ground for doubt
Senator Root took the position that
the action of the court was an en-
croachment upon the independence of
the senate.
Sutherland Disagrees.
Sustaining the action of the court on
the ground that a printing award was
an administrative rather than an legis.
lative act, Mr.. Sutherland advised the
committee TO appear In court and plead
their privilege
Senator Bacon said the exercise by
the court Of such power as it claimed
would overthrow the powers of the leg
islative department,
The Nelson amendment was voted
down, II to 45, the original committee
resolution being adopted without di-
vision as was another resolution direct
municate the views of the senate to
the court.
After six hours debate, which in
cluded n night session. the house to-
night voted to permit its members of
the Joint committee on printing to obey
a summons from the supreme court Of
the District of Columbia.
Opposite to Senate.
This action was exactly the reverse
of that of the senate in the afternoon,
and in consequence Representatives
Cooper of Pennsylvania, Sturgis of
West Virginia and Finley Of South
Carolina, will be the only members of
the Joint committee of SIX TO appear
in court tomorrow morning in man
damus proceedings instituted by the
Valley Paper company of Holyoke,
Mass, which was dissatisfied with "A
paper contract award made by the
committee,
Whether Senators Smoot. Bourne and
Fletcher, the senate members, will be
adiudged in contempt for failure 10
appear remains for the court TO decide
Representative Clayton of Alabama
made n futile effort 10 induce the house
to take action similar TO that of the
senate. The majority of the judiciary
committee advised the house to permit
it's members TO obey the summons, and
Its Will finally. prevailed.
Party Lines Drawn.
Party lines were drawn in the de
bate Mr. Clayton S substitute for the
Judiciary committee resolution was vot-
ed down by an aye and nay vote, 56
voting for and ia against, with 13
voting "present."
The original Brautlcy resolution was
then carried by a viva voce vote. and
at l5 minutes before midnight the house
adjourned.
a night session proved TO be such u
novelty that there was an unusually
large attendance of both members and
spectators,
Representative Dwight of New York
and Representative Slemp of Virginia
appeared on tho floor in evening dress,
giving the occasion somewhat an air of
n social function.
PNGI ICH DTTpTIN CUnWS IN