The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-03-01
CONGRESS- AEDCOURf AT ODDS
justice WRIGHT STANDS m
MS WRIT o. .MANDAMI'S
ssSs He Vas Iurtssisctisn Over Senators
and Representatives anal T'sat He
Dtd Net lnvade Their i'rrro9atiNes
In Summaning Them TO aO1rt.

and Representative anal Isat lse
Dsd Net lnvade Their I'rrrsxn tiN ~
In summsaing Them 10 s'Our'.
WASHINGTON. Feb. 2s.-Justice Wright
OF the Supreme Court handed down q de-
cision this morning I'm which he Opposes
the Senate's contention that he unlawfully
invaded the constitutional privileges and
prerogatives of that body. The senate
maintains that this was done when the
just ics issued a writ Of mAndAmus re-
! quiEing senators Smoot. Bourne and
Fletcher 60 appear and show cause Why
certain contracts for papers for the Gov
eminent Printing once should not be
awarded 20 the Valley Paper Company
Of Holyoke. Mass.
Justice Wright cites many presidents
g. show that officers of Legislative bodies.
heads Of executive departments in WASH
ingtOn and even the courts themselves
are Smenabls to the writ Of mRndRInus.
The Justices decision cOntG ms this broad
intimat ion Of trouble:
The considerations which have been
Expressed and the conclusion to which
the Courts Judgment has been lsd in the
progress Of an opinion just delivered
require the Court to answer that Il 10
by law vested with Jurisdiction to hear
aud determine the controversy; that il
is obliged by the law OF the land to en-
terrain that JURISDICTION aud To proceed
To that hearing and determine ton.
During the progress OF the exercise
Of that Jurisdiction should there transpire
an undertaking 20 infringe the privileges
aud prrrogatives OF the Congress OF the
United States or 81 its members the
Court expects to he the foremost among
ksNN Hsa IN
the preservation anu the vIndication OF
their inviolats and Invlolabls character
Justice Wright having deCid..d that the
supreme Court of the District Of Columbia
has JurIssiictioR an interesting situation
has arisen. He has set Friday next IN
the date upon which the HOiiSe members
must appear and formal, answer the
petition of the paper company He de
csdes that Informal appearance Won z ~"
In view Of th.. fact that the House decided
that the HotIve members could not M.
compelled - Rpp@a. md only Appeared
cat ~ courtesy 81 seems nav that the
House will have 10 follow the action Of
the senate and tgnOT. the supreme Court
Of the DtstTi'I 1t Columbia
In the opinion IT tn. luNverS ~ the
senate Commit ~ un the JudlCIaTy Justice
Nright's decision that he has jurisdiction
DOES not IN any way affect the status %
the Senators who have hesn ordered Ia
appear before HIM The senators IN
Court were acting under e xplicit direction
Of the Senats and therefore had no right
10 appear In fact the members Of the
Judiciary COMMITTEES hold that tn. Sena-
tors would he violating the orders Of the
senate IN responding To the summons
just as much now that Justice Wright
maintains thar he hes jar isd tction as they
would have bs--n before hts decision Was
rendered
There h nothing for the CouTs Ia do now
h.NaN ~.
uiands the members of the Senate To do a
CERTAIN thing. THIS thing they are pre-
vented from dong Ivy the action % the
Senate. and there the case rests until
such time A. the senate may $50 tic to act
further 40 far a. the attitude II the
Senators summoned To appear N CON
Cerned the matter IN settled for the time
being at least and aside from the academic
question of jurisdiction involved they have
no interest IN the decision