Daily press. [volume] (Newport News, Va.) 1896-current, 1910-02-11
SENATE FLATlY REFUSES
OBEY ORDER OF BENCH
Higher Branch Of Body Says the Jur-
ist is Going Beyond His Authority
In Dcmands-House Has Long De-
Session Agrees to Command.

WASHINGTON, ID. C Feb. To-
Whether a court at law has power 10
summons before il committee OF
congrtss was the chief subject Of
discussion before the senate and
house of representatives today.
The senate required but q short
time TO dispose # this question and
gave positive Instructions To Senators
Reed Smoot. Jonathan Bourne and
Duncan Fletcher not to respond to-
morrow to the order issuec by Justice
Wright. of the Supreme Cont, of the
District of Columbia. directing them
to appear before him. The proceeding
grew ont of a cult institUted by the
Valley Paper Company. of Holyoke,
Mass, as the result of the commit
tees awlTd of n contract for furnish
| ishing paper for the government print
| ing office.
The refusal of the senate was based
uron the plea of the constitutional
prerogatiyes of members OF congress
Senate's Position.
The SENATE took the D. sition that
as il was q coordinate branch of the
government. the court had no right
| TO interfere with its business AFFAIRS.
| Incidentally, the question was raised
as 10 whether Justice Wright was IN
contempt of the senate or whether
the senate was in contempt OF Justice
Wright
Senator NeLon sought to have the
resolution adopted ty the senate so
amended as TO permit the senators 10
appear only for the purpose of test
ing the courts Jurisdiction. and IN
doing 50. said that If thu recommen-
| dation of the judiciary committee was
correct. Justice Wright might be call
| ed before the senate for contempt.
Senator Bacon. of Georgia. declared
that the exercise by the court Of srch
power a.s ii claimed would result in
the overthrow OF the powers Of the
legislstive department.
The Nelson amendment was voted
down II TO a.. the original commit
tee resolution being adopted without
division. as was another resolution d.
recting the secretary OF the senate 10
communicate the views OF the senate
| to the court.
House Takes Up Matter.
In the house there was greater d.
vision of opinion as to whether in this
particular case the court was author
lied to summon its members.
The judiciary committee brought IN
two reports The majority report rec
| commended a compliance with the
summons of the court IN the ground
that the committee was not sum-
moned as members OF congress. hut
while acting under the authority Of
statute enacted by congress. The
majority. therefore. recommended
that Me.srs. Cooper, Of Pennsylvania I:
S;urgis. OF West Virginia. and Finley.
4 South Carolina. be instructed 10
appear in court.
The minority report. in which
Chairman Parker. joined Mr.. Clayton.
; OF Alabama. and Mr.. Henry. Of Texas.
took the opposite view. claiming that
the joint committee was acting in a
/ legislative capacity. They recon-
mended either that the committee be
instructed not to respond q the cum
mons. CT that the resolution recon-
mended by the majority be amended
as 20 instruct the members OF the
Tinting committee -if Necessary 10
prosecute an appeal or wit Of error
from any judgment therein
Declared an Invasion.
IN addition q joining IN the MI
nority report representative Clayton,
% Alabama offered a resolution de-
claring that the districf supreme court
had ~gniawfnlly invaded the consti-
tationai privileges Of the house: that
IL was without jurisdiction 20 bale
into court. members 81 the h-use. and
irstrrc;.na such members 10 ignore
the summons Of the court
AT cricadfd de- ate mon the re-
rfs followed their presentation 10
ftc holsc and az $40 O'Clock recess
was taken until = O'Clock IN order that
fnaI action might be- had before al
iosrnmert.
House Agrees.