Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-11
Senate Committee ON Printing
Instructed to Ignore Order Is
sued by Judge Wright.
QUESTION OF CONTEMPT UP.
Is the Judge In Contempt of the Senate
Or Is the Senate in Contempt
OF the Court?

Washington. Feb. 10.-Whether
fore 1t COMMITTEES of Congress, wa!
the chief subject of discussion before
the senate and house today.
The senate gave positive Instructions
of 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 a suit
instituted by the Valley Paper COM
pany of Holyokc. Mass, as the result
of the committees award of con-
tract Tor furnishing paper for the gov
ernment printing office.
BASIS OF REFUSAL.
The refusal of the senate was based
OH the plea of the constitutional pre-
negatives of members OF Congress. The
senate took the position that as 1t was
q coordinate branch of the government
the court had no right to Interfere with
It's business Incidentally the ques-
tion 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 tho
resolution adopted by the senate So
iended as to permit the senators to
appear only to test the courts turls-
diction. and said that II the recommen-
dations of the judiciary committee were
correct, Justice Wright might be called
before the senate for contempt.
Mr.. Nelson did not defend the courts
jurisdiction, but said that. as the print
Ing committee had acted under a 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
encroachment upon the independence
of the senate.
SUTHERLAND'S POSITION.
Sustaining tae action of the court on
the ground ;.lat n printing award was
an administrative rather than a 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
isatlve department
Tho Nelson amendment was voted
down. IA to As. the original committee
resolution being adopted without di-
vision as was another resolution direct
ing the secretary of the senate to COM
municate the views of the senate to the
court.
After six hours debate, which in
cluded 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
This action was exactly the reverse
OF that of the senate I'm 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 manda-
mus proceedings instituted by the Val
ley 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, VIII be
ad1udged in contempt for failure to
appear remains for the court to decide.
QUESTION IN THE HOUSE.
Representative Clayton of Alabama