The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-02-11
LAW MAKERS SPLIT
ON COURT ORDER
Continued from Page One.

leges of members of Congress. He
thought to argue to the contrary showed
false pride.
Representative Parker's resolution d.
recting the House members of the Joint
committee to respond in court to the
summons and plead the lack Of juris-
diction was defeated by a decisive vote.
Clayton loses Out.
Then Representative Clayton's resolu-
ton was voted down on a roll call.
The test vote in the Senate came on a
proposed amendment to the resolution Of
fered by Senator Nelson, which instructed
Senators Smoot. Bourne. and Fletcher to
respond in court and raise the question of
Jurisdiction. The amendment. after much
debate. was rejected, % to II.
The main resolution was then adopted
without division. resolution directing
the Secretary Of the Senate to notify
Judge Wright Of the Senate's action was
then passed.
The Senate INDUCED In an interesting
debate aprOpos Of the alleged invasion of
it's privileges and prerogatives by Justice
Wright The question arose on the re-
port OF Senator Clark. Of Wyoming chair
man of the Judiciary Committee direct
ing the Senators named as respondents
70 make 30 response to the summons.
Nelson Aroused Interest.
Senator Nelson, Of Minnesota, aroused
interest by declaring the report was not
unanimous. He said he agreed with the
majority that the court had no jurisdic-
ton, but admitted a question arose upon
the fact that the committee was not one
OF the regular authorized committees of
the Senate, but had been created and its
duties defined by a statute. He coun-
seled respect for the courts
lie urged that the Senator's summoned
be allowed in their discretion 10 appear
in court and have the question of juris-
diction determined
Senator Root declared there was no
question that the privileges and preroga-
tives OF the Senate had been invaded, but
he advised a respectful course for the
Senate TO pursue would be TO notify the
court Of the action taken. instead of
EiUlNif Us ltNi 4siE AAiN rH'Af+'4f'f+iTr
Senator Root said the courts mandamus
was a plain attempt TO control the pre-
negatives OF the Senate. The question
whether the Supreme Court OF the DIS
trict can control the printing Of the gov
eminent is not one for the courts. but
for the legislative branch OF the govern
ment. said the New York Senator
Senator Sutherland maintained the COM
mittees of Congress are not always above
the law. and II is his opinion the Senate
Committee on Printing should appear IN
court and plead its privilege.
TiIIman EnIIvens Debate.
"But suppose" interjected Senator Till
man, that after the Senators plead
privilege the court decided against
them?"
Then" said Senator Sutherland. Il
would contest the matter. and take Il 70
the Supreme Court OF the United states.
And suppose that court turned you
down."
Then would advise the Senate to
yield"
'And then the Senate would disappear. D."
exclaimed Mr. Tillman.
'The Senate disappears very often, -
was the reply % Senator Sutherland
"Often a law passed by this body is de-
clared unconstitutional by the courts,
and the Senate yields
But this is a question Of legislative
prerogstive." observed Senator Tillman,
and whether We are going TO keep the
courts out Of the Senate"
Senator Bacon. Of Georgia, said this IS
a matter that involves not only the dig
Of the legislative department Senator
Piles said ne desired to 60 on record as
favOring the submission Of the Senate 8
views TO the court.
History of Case.
! The action in the court which resulted
in Issuing the summonses 90 the men,
bers Of the Printing Committee grew out
of the recenk award OF contracts by that
committee for supplying paper to the
/ Government Printing Office for the next
year. Proposals were invited. and the
Valley Paper Company, of Holyoke, was
In the list OF bidders
Its bid was among the lowest, but the
joint committee declared it was informal
and the bid was thrown out Thereupon
the firm applied 10 Justice Wright for a
writ Of mandamus 10 compel TIA com.
mittee to make the award Ito the peti.
I TONERS.