Omaha daily bee., 1910-02-12

Duncan Fletcher not to respond tomorrow
to the order issued by Justice Wright OF
the supreme court of the District Of Co
lumbla directing them to appear before him
The proceeding grew out OF a suit insti-
tuted by the Valley Paper company of
Holyoke, Mass, as the result Of the com
mittee's award of q contract for furnishing
paper for the government printing office.
The refusal of the senate was based ON
the plea Of the constitutional prerogatives
Of members OF congress.
The senate took the position that rs II
was a coordinate branch Of the govern
ment the court had no right to Interfere
with its business affairs. Incidentally, the
question was raised as to whether Justine
wrlgh was In contempt Of the senate or
the senate in contempt of Justice Wright.
In Contempt of senateg
Senator Nelson sought TO have the reso-
luton adopted by the senate as to per
nit the senator's to appear only for the
purpose OF testing the courts jurisdiction
and in doing so said that IL the Y. COM
mendatien of the Judiciary was
correct Justice Wright might be called
before the senate for contempt. Mr.. Mel
son did not defend the courts jurisdiction,
but said that as the printing committee
had acted under a-statute and not as the
ordinary INSTRUMENT OF congress there was
ground for doubt. Senator Root took the
position tina the courts action was an
intrenchment on the Independence Of the
senate. s'
Sustaining the action OF the court on the
ground that the printing award was an
administrative rather than a legislative
act, Mr.. Sutherland advised the commit
tee members to appear in court and plead
their privilege.
Seuator Rarou declared that the axer-
else by the court Of such power as 1t
claimed would result In the overthrow Of
the powers Of the legislative department.
The Nelson amendment was voted down.
IA to IS, the original committee resolution
being adopted will out division, as was an
other resolution directing the secretary of
the senate to communicate the views OF
the senate to the court.
House Members WiU Appear.
In the house there was greater division
of opinion as to whether In this particular
case the court was AUTHORIZE to summon
Its members. The judiciary committee
brought in two reports. The majority re-
port recommended a compliance with the
summons OF the court on the ground that
the committee was not summoned as mem
bers Of congress, but while acting under
the authority Of a statute enacted by con-
IkICSS. AildJoAlAg lhGlCAOAt AGNOAlAACANNu
that Mcssrs. Cooper of Pennsylvania, Stur-
CESS of West Virginia and Finley of South
Carolina be instructed to appear in court,
The minority report, In which Chairman
Parker Joined, Clayton Of Alabama and
Mr., Henry OF Texas, took the opposite
view, claiming that the joint committee on
printing was acting In a legislative ca
pacity. They recommended either that
the committee be instructed not to respond
to the summons or that the resolutions rec
commended by the majority be amended SO
as to instruct the members of the printing
committee III necessary, to prosecute al
appeal or writ Of error from any judgment
therein"
In addition TO joining in the minority re-
port, representative Clayton of Alabama,
offered a resolution declaring that the dis
trict supreme court had ~unlawfully in.
vaded the constitutional privileges Of the
house. That It was without jurisdiction &c
hale into court, members OF the house AND
hstructing such members to ignore the
summons of the court.
Debate IL
An extended debate Of these reports fol
lowed their presentation to the house, anC
at 61o o'clock a recess was taken anti
8 o'clock. in order that final action Nigh
be had before adjournment.
The house late tonight adopted the ma
jority report OF the judiciary committee
recommending that the house members 0
tho Joint committee on printing obey tn
summons Of the district supreme court L
appear before it in mandamus proceeding
tomorrow.
Debate on the question continued at tn
night session OF the house until li4
O'Clock, when Representative Brantley o
Georgia moved the previous question.
Mr.. Clayton then demanded the ayes an
/ ces on his resolution. which was granted
and the call Of the house was begun.
The minority resolution was voted dow
by a aye and nay vote. fifty-six voting 70
ana ia against II. will thirteen votinl
present" The original Brantiey resolu
ton was then carried by a viva voce vot
and fifteen minutes before midnight tn