Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-02-10
WILL IGNORE COURT
Senators Will Not Respond to
Wright's Summons.
RESOLUTION is DEBATED
Amendment Proposing Appearance
Before Bar Is Rejected.
BENCH'S JURISDICTION DENIED
Root Advises Courtesy, But Up
holds Principle-Bacon Fears for
Prerogatives of Congress.

The Senate this afternoon showed
clearly It's intention not to acknowledge
any right Of the District courts to review
the action of it's committee on printing.
Acting as counsel for the senators Of
the joint committee on printing. the Sen
ate committee on judiciary presented for
the ratification of the Senate a resolution
telling the senators in question to ignore
a summons of the District Supreme Court
to appear and show cause why a writ
of mandamus should not be issued re-
strainins them from awarding paper
contract
Senator Nelson moved an amendment
allowing the senators to appear in court
and plead its want of jurisdiction. and
on an aye and no vote the Senate re-
jected this amendment.
After rejecting the amendment the Sem
ate voted to sustain the committee on
judiciary. thus instructing the senators
in question to ignore the District Supreme
Court summons.
In d resolution, subsequently adopted,
the secretary of the Senate was instructed
to communicate the views of the Senate
to the District Supreme Court.
Discussion Of Committee Report.
The report of the judiciary committee
was presented by Senator Clark of IVY
omtng. Discussion Immediately followed
The judiciary committee recited that
the court in issuing the writ was beyond
its jurisdiction and invaded the privi-
reyes and prerogative of the Senate The
senator's named as defendants were di-
rected to make no appearance in re-
Sponse' to the rule to snow cause
Senator Clark explained that in the
view Of the Judiciary committee. the joint
committee on printing, being commit
tee of Congress, Is not bound to answ
elsewhere than to Congress for any OF
| its acts.
Senator Nelson expressed the views of
| the minority of the, judiciary commute
| in an amendment which he offered. He
proposed 20 strike from the resolution the
clause directing senator's to take no rec
ogmtlon of the writ, and insert clause
giving the senators authority to appear
| IN court and, without acknoW .edg.ng lis
jurisdiction, plead for the sole pun pose
of showing that the court was witnouL
jurisdiction and is invad ng the conStitu-
tional preroga Ives of the Senate.
He followed the presentation Of the
amendment with a legal argument to
show that the question involved is jul
dicial one, and therefore one for tn.
courts to decide. He commended that, al
though the government was divided into
three parts, each owes a certain comfy
to the other.
1T is not beneath the dignity of this
body" said Senaton Nelson, Ito advise
| the senators to appear in court and Plead
the want of jurisdiction. We never ought
to go around with a chip on our Shout
derS.
The Senate did not take Senator Nell
sons view of the case and voted against
the amendment.
Root Gives His Opinion.
and received the close attention of the
Senate. He sighted the statute creating
the joint committee on printing to SLOW
that it was instructed to award contracts
to 1.-THE lowest and best bidder in the
interest of the COVE. nment."
Thus the committee mas discretionary
powers, he said. Where discretion is al
lowed. he maintained. the courts have
ueld that they cannot tell those having
such powers how to act.
'Manilestly, if the court issues such
writ Of mandamus as is proposed It
takes out of the hands of the committee
the power to exercise discretion, which
Congress has told it to use. Manifeslly,
the court has no such power.
He firmly contenaed that everything es-
| sential to the lie and the per1ormanc.
of duty of legislative body Is beyond
the reach Of any court. Ii a matter is
essential to the independence of legiS-
lative body, he declared, no court can
deal with it.
After expressing his agreement with
the conclusions of the judiciary commit
tee he commended that respect to the
judicial branch of the government de-
mands more than the simple adoption OF
a proposed resolution stating the posi-
ton of the Senate. 1t would be more re-
spectful for the Senate to direct the ap-
pearance of its appropriate officer IN
court to plead the want of jurisdiction.
Roots Suggestion Approved.
Senator Clark interrupted him to say
that the judiciary committee would bring
in resolution to that effect after IT..
holdings. as expressed in the resolutions
already presented, have been acted upon
by the Senate. Senator koot explained
! that was the course ne was advocating.
Senator Suther. and continued the d.
cuss.on. expl essing the opinion that the
senator's involved in the action should
make their appearance in court.
Suppose the court should decide against
the plea of want of jurisdiction, what
them" asked Senator Tillman.
II would advise them to appear in the
United States Supreme Cou,t," replied
Senator Sutherland.
Supp OSe that &C urt decides against the
plea persisted Senator Tillman.
Then l would advise the senator's to
obey that court" said Senator Suther-
land.
Then the Senate disappears" rema ked
Senator Tillman.
Ignore Court Says Bacon.