Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-03-01
in NO CONTEMPT YET
Senators Only in Default, and
Case Goes on Without Them.
PERIL MAY COME LATER
IF Writ Of Mandamus Issues, Fail.
ure to Obey Mandate of Court
May ag on Compulsion.

The controversy between the senators
on the joint committee Of printing and
Justice Wright of the District Supreme
Court is said to be far removed, at least
in point of time. from any question of
whether or not the senator's are in con-
tempt of court.
1t was pointed out today that as there
can be no default Judgment on a peti-
tion for mandamus the appearance or
non-appearance of the persons cited at
no time becomes material to the issue
before the court
Even If no person had answered the
rule issued by Justice Wright. he would
have been compelled, under the law, to
hear evidence to sustain the claim of the
petitioner and would be called on to de-
eide if the writ should issue. Failure on
the part of the petitioner to show that
the writ must issue would result in a
dismissal Of the petition.
Representatives Bow to Court.
Counsel for the House members who re-
sponded to the rule, by consenting to
proceed to a hearing on the merits, next
Friday, have accepted, it is claimed, the
decision OF Justice Wright that he has
Jurisdiction to hear and determine the
question Of whether or not writ of
mandamus should issue. 1t Is under
stood counsel is confident that they will
be able to show to the court that the COM
mittee even if clothed with an admins
trative duty, has also discretion reposed
in them by the law and that their deci-
sion to overlook the Valley Paper Com
pany bid was an exercise of discretion
and consequently unreviewable.
To sustain the issuance of the writ. il is
said. it will be necessary for Attorney
| diSNrpffnnorv
power and prove conclusively that the
committees action is purely ministerial.
Opinion of a Lawyer.
A prominent member of the local bar,
speaking Of the case. said:
"All talk about senators of the United
States being in contempt Of the Supreme
Court of the District OF Columbia Is not
founded on any fact contained in the
record In the case on hearing before JUS
tice Wright.
"A rule to show cause why a nlandamus
should not issue was served upon certain
senators OF the United States. In answer
to the rule, instead of setting up want
of Jurisdiction. or their right to proceed
independently Of the court having discre-
tion there was filed on the part of the
senators a resolution stating that they
did not appear because they thought the
court had no jurisdiction to hear the case.
and excusing their failure to appear by
direct order of the Senate.
Senators Only in Default.
Under the decision of Justice Wright
this amounts to nothing more than de-
fault. There being, however. parties de-
fendant having answered, a default of
this kind would not necessarily be fol-
lowed by the issuance OF writ of man
damus, but a hearing must be had on
the merits of the case.
IF on the merits of the case a peremp-
tory writ of mandamus should issue and
the senators would refuse to obey the
writ. then the court might upon a rule
to show cause adjudge them guilty of
contempt. But they stand in no fear of
contempt until they refuse to obey the
final decree in the case"