New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-02-11
SENATE VS.. COURT
CLASH or AUTHORITY.
House hstructs Printing Com
mittee to Obey Summons.
IFrom The Tribune Bureau,

From The Tribune Bureau1
Washington, Feb 1o-The SENATE went
on record to-day by a decisive vote against
anv interference with It's preregatiyes by
the judicial branch of the government. This
action was taken after Senator Root had
made a clear and forceful speech, in which
he upheld the right of Congress TO transact
the business of the government confided
II It by the Constitution free from judicial
interference. He suggested, however that
the comfy between two coordinate
branches of the government required the
Senate properly TO respect the judicial
branch. and this suggestion was adopted
in the proceedings which followed
The debate arose on Il resolution re-
ported from the Committee on the Judci-
arv advising the Senate members of the
Joint Committee on Printing to ignore a
summons from the Supreme Court of the
District of Columbia TO appear and show
cause why a writ of mandamus should not
be issued restraining them from awarding
a paper contract This summons calls for
the appearance before the court tomorrow
of both the Senate and House members
of the Printing Committee The resolution
recited the facts in the case. held that the
summons was an unlawful invasion Of the
rights Of tho Senate, and directed Senators
Smoot Bourne and Fletcher to make no
appearance in response to the court ORDER
Senator Nelson desired that the resolution
should he amended to give the three Sen
ators summoned discretion 10 appear be-
fore the court for the purpose of showing
that the court was without jurisdiction.
He was willing that the Senate should as
scrt it's rights and uphold its dignity, hut
he thought the language Of the resolution
Was harsh toward the judiciary Mr., Mel
son said it looked az if the Senate had a
chip on its shoulder.
After A long debate in which the pre-
negatives of the Senate were defended by
Senators Root and Bacon. the Nelson
amendment was defeated. A. to II. none OF
the Democrats voting in the Affirmative,
ROOT ON sENATE's RIGHTs.
Mr. Roots short speech received close
attention from the Senate. lie cited the
statute creating the Committee on Print
ing and said that committee was author
;zed to award contra cts to the lowest ana
best bidder in The intereEt of the govern
n,ent Printing, he said. was essential +"
the. conduct OF the public business. and %
this account Congress had rot seen ft TO
int-1lst it to an executive department. but
had kept II in its own hands to supervise
and direct Il. The powers OF the commit
tee antedated the statute. but the words or
the statute were clear In imposing on the
committee discretion and Judgment. no
court had authority - exercise THIS dis
Grafton bv substituting its own discretion
for that which Congress specifically re
tair,d as vital to IT'S own life. Mr.. Root
rninted out that the members Of the Com
nittee IN Printing held no office except
Certain rights we're inherent in Congress
under the Constitution. Mr., Root declared
Ho court could interfere with the right of
the Senate to pass on tho Qualifications of
its members. 70 preserve order. to dtsCi-
Mine It's members, etc. The order OF the
court in this case was a plain attempt 20
control a discretion which vas essential
10 the very life Of the legislative branch
Of the government, 1t was not question
Involving alone the three Senators who had
been summoned. but II involved the Senate
itself II was not mere question of print
ing hut one Of the relative powers Of two
coordinate branches of tho g c'nnent.
Mr. Root said that he "Ir strongly IN
favor Of the resolution epcrted ny The III
dietary Committee but it would be more
seemlv and more respectful for the Senate
tn direct us appropriate officer 10 advise
the court in a respectful way that the Sen
ate had decided that the court was with
ont Jurisdiction to compel the attendance
of the Senators named in the summons.
Senator Clark. Of Wyoming. chairman of
the Committee on the Judiciary, explained
that he had another resolution directing
that this action be taken. The second
resolution instr1lCting the secretary Of the
Senate TO advise the court of tho decision
Of the Senate was adopted,
ACTION II THE HOUSE.
Congress presents the situation Of 4 house
divided against itself this evening, the
House having decided by \ vote Of "a TO
- that its members of the joint Commit
too on Printing summoned 80 appear in the
Gunreme Court Of the District Of Columbia
must respond to the summons. An earnest
effort was made by a minority Of tho Com
,ni1tee on the Judiciary to induce the House
"a act in concert with the Senate. rUt with
ont avail After debating the question near
" seven hours the House decided on a
course diametrically opposed to that of the
Senate
The only aye and no vote was taken on
the CLAYTON substitute jnstruCting the
members of the committee not to obey
the summons of the court When the sub
stitute which represented the views of
the minority of the Judiciary Committee,
had been defeated by the vote given the
majority report was adopted without di
vision.