The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-02-11
HOU2@F' WILL OBEY
8; }|;;:.JEROF COURT
%
{ e2snsN Viii Appear In
Answer to Judicial Summons
SENATE REFUSES To GO
Members of senate by Vote Decide
Tint They Are Above the Courts
Order White Representatives
Decide Otherwise

Washington. February 10-After six
hours debate, which included night
session, the House tonight voted TO permit
its members of the joint committee on
printing to obey summons from the su-
preme court of the District of Columbia.
This action was exactly the reverse of
that OF the Senate, it is asserted. during
the afternoon, and in consequence Repre-
sentatives Cooper of Pennsylvania Stur-
gis of West Virginia and Finley of South
Carolina will be the only members OF the
committee of six to appear In court to-
morrow morning at 10 o'clock in man
damus proceedings Instituted by the VAL
ley Paper company of Holyo<e, Mass,
which was dissatisfied with a paper con-
tract award made by the committee
Whether Senators Smoot. Bourne and
Fletcher, the same members, will be
judged in contempt for failure to appear
in court remains to be determined.
Representative Clayton of Alabama
made a futile effort to induce the House
to take action similar to that of the Sem
q TO- ilc HistJOIily VI the JUDICIARY COIfl-
mittee advised the House to permit its
members 10 opey the summons, and its
will finally prevailed. Party lines we're
broken during the debate on the question
Mr.. Claytons substitute for the judiciary
committees resolution was voted down by
an aye and nay vote, 5s voting for and "A
against II with IS voting present
trha ariori,,oi rontJa.- raso1,tinr was
then carried by viva voce vote and at
11:45 the Iouse adjourned until tomor-
row. The night session proved to be such
a novelty that there was an unusual large
attendance of members and spectators.
Representative Dwight of New York
and Representative Slemp OF Virginia ap-
peared on the floor in evening dress, Civ
ing the occasion somewhat of an air of
a social function
Discussion of PrerOgatives
Wheufer 81 court at law has power to
summon pefore it a committee of Congress
was fthes ssief subject of discussion he
fore the Senate and the House today.
The Senate required but short time to
dispose of this question and gave posi-
tive instructions to Senators Reed Smoot,
Jonathan Bourne and Duncan Fletcher
not to respond tomorrow to the order
issued by Justice Wright of the supreme
reoting tben, ta annasr hoforn rn" III, ,rt,, w,
,rooaa5;v,a .,.s 80 -. -. :. .
hy Va,ia,, pa os y, q SUI iIiseu,eu II",','s
J.ss ~ ipams tt Vi lloiyohe,
award OF a contract to furnish paper for
the government printing office.
The refusal of the Senate was based
upon the plea of constitutional preroga-
ate took Tho nosltion thst as - go y
co-ordinate hrancb ~ tho goysrnrn.nt a. :,
court had no ,igbt 70 interfera viii, its
business affairs Inc.antallv tho .,,as.
tion was raised as To yybetber tho sen.t.
was in contempt Of Justice Wright m.
whether Justice Wright was In contsrnt
Of the Senate
Senator Nelson sought to have the res
olufion adonted bv the Senate so amended
as to permit the senators to appear only
for the purpose of testing the court, .
jurisdiction. and in doing SO said that
IL the recommendation of the Judiciary
committee was correct. Justice Wright
might be called before the Senate for
contempt Mr. Nelson did not defend
the courts jurisdiction, but said that as
the printing committee had acted under
a statute ana not as the Ordinary in-
o.. o., ' an,,te. u 'e s'S' s'ou'u
senator ROOFS views
Senator Root took the position that the
courts action was an encroachment upon
the independence of the Senate.
Senator Bacon declared that the exer-
else by the court OF such power as it
claimed would result In the overthrow OF
the powers OF the legislative department.
The Nelson amendment was voted
down. "A to IS. the original committee res
olution oeihs without DIVISION as was
another resolution directing the secretary
of the senate to communicate the views
OF the Senate to the court.
In the House there was greater divi-
sion or opinion as TO whether In TINS par
ticular case the court was authorized to
summon It's members. Inc judiciary
comnmittee brought III Two reports. The
majority report recommended compliance
with the summons OF the court on the
ground that the committee was not sum-
moned as members OF Congress, but while
acting under the authority OF statute
enacted by Congress. The majority,