Los Angeles herald., 1910-02-11

MI ASHINGTON, Feb. 1O.-Whether
wv court at law has power to
summon before it committee
of congress was the chief subject of
discussion before the senate and the
house today.
The senate gave positive instructions
to Senators Smoot, Bourne and Fletch-
er not to respond tomorrow to the or
der issued by Justice Wright of the
supreme court of the District of CO.
lumbia directing them to. appear be-
fore him.
The proceedings grew OUT of q suit
instituted by the Valley Paper COM
pany of Holyoke, Mass, as the result
of committees award of a contract
for furnishing paper for the govern
ment printing office.
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 it was
a coordinate branch of the govern
ment, the court had no right to inter
fere with it's business.
Incidentally the question 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 courts juris-
diction, and said if the recommended
tions 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 instru-
ment OF congress there was ground for
doubt
Asserts independence
Senator Root took the position that
the action of the court was an en-
croachment on the independence of the
senate.
Sustaining the action of the court on
the ground the printing award was
administrative rather than legisla-
| tive act, Mr.. Sutherland advised the
| committee to appear in court and plead
| their privilege.
Senator Bacon declared that the ex-
ercise by the court of such power as
| it claimed would result in the over
! throw of the powers Of the legislative
department.
The Nelson amendment was voted
down, fourteen to forty-f1Ve, the orig
inal committee resolution being
adopted without division, as was an
other resolution directing the secretary
of the senate to communicate the
views of the senate to the court.
There was a greater division Of opin-
ion in the house 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 sum-
mons on the ground the committee was
not summoned as members of con-
gress but while acting under author
ity of a statute enacted by congress-
The majority, therefore, declared that
Messrs. Cooper of Pennsylvania,
Sturges of West Virginia and Finley
of South Carolina be instructed to
appear in court.
Minority Report
The minority report, in which Chair
man Parker joined Mr.. Clayton OF Ala
bama and Mr.. Henry of Texas, took
the opiposite view, claiming that the
Joint committee on printing was act
ing in a legislative capacity.
They recommended either that the
committee be instructed not to respond
to the summons, or that the resolution
recommended by the majority be
amended SO as to instruct members of
the printing committee, eff necessary,
to prosecute an appeal or writ OF
error IrOIH any JuuSAlOlll tiISiNihi.
In addition to joining in the minor
ity report Mr. Clayton offered a reso-
luton declaring the district supreme
court "had unlawfully invaded the
constitutional privileges of the house,"
that it was without jurisdiction to hale
into court members of the house, and
instructing such members to ignore
the summons of the court.
An extended debate on these reports
followed their presentation to the
house, and at 6:10 p. m. a recess was
taken until 8 p. m. that tinal actlon
should be had before adjournment.
Debate on the question continued at
the night session until 11:45 o'clock.
when Representative Brantley of
Georgia moved the previous question.
Mr.. Clayton then demanded the ayes
and noes on his resolution, which was
Granted. with the result that the house
agreed to permit its members to
testify.