Omaha daily bee., 1910-03-01
COURT CLAIMS
JURISDICTION
Justice Wright Decides His Tribunal
Can Order Senator to Appear
Before It.
EXTENT OF JUDICIAL POWER
Quotation from Constitution Used as
Basis Of Ruling.
USE OF WRIT OF MANDAMUs
1t is Only Method of Compelling Per-
fOrmance of Public Duty.
TRIAL IS ORDERED TO PROCEED
Nothing I'm Position of Senator to
Prevent Anyone from Laying
Grievances Before Bar
of jslstice.
Sc OF WRIT OF MANDAMUs
1t is Only Method of Compelling Per-
fOrmance of Public Duty.
RIAL IS ORDERED TO PROCEED

WASHINGTON, Feb. 2s.-JustIce W,jgh
in the supreme court Of the District q
Columbia today decided that the cour.
acted within its authority when Il Issued the
writ Of mandamus ordering the Joint com
mittee on printing of congress to shov
cause why 1t should not consider the bio
of the Valley Paper company of Holyoke
Mass, This means that the senate member!
of the committee will be compelled t,
appear in court either in person or b,
counsel.
Justice Wright declared that to have re
fused to issue the mandamus because SOM
of the persons sued occupied the exalteo
position Of senators would have been t.
betray the law"
mo man in this country is so high tha
he is higher than the law" declared Justice
Wright what is there in the exalted
position Of a senator which prevents any
citizen from laying what he believes to
be an injury before the bar of justce2"
JurisdictiOn of Court.
The jurisdiction of the court Justice
Wright declared, was generally recognized,
commonly understood and long exercise.
and that its jurisdiction had been conferred
by various acts Of congress. Referring t
the absence of the senators, who decline,
to appear in court or be represented tn
court said:
THE progress of the affairs of justic
in such cases is neither to be avoided nol
obstructed by the absence of respondents,
nor does any part of Its administration
depend upon their presence"
In differentiating between a case and
cause Of action the court said that case
had certainly been established and that q
-
The constitution specified that "the Judi
cial power shall extend to all cases in law
and equity arising under the laws of the
United statesI' and upon this the court
based its jurisdiction. a ss
Function OF Printing COMMITTEES.
The court then proceeded to examine
whether the joint printing committee of
congress was a part of the legislative body
and to dissect its functions All legisla-
tive duties being conferred by the con-
stitution upon congress, the court held that
none of them could be delegated by con-
gress to its members. No power could be
vested in a part OF congress by a law Of
congress itself, Justice Wright maintained
That there was room to believe that the
opening and inspection Of bids for paper
was administrative duty the court ad.
mitted, but he dlsclaimed any inference
that any member by so doing held an ad-
ministrative office.
II that wero true, however, Justice
Wright declared. the action of such a
member constituted nothing less than the
forfeiture Of his seat under the provision
of the constitution which prohibited any
administrative officer of the government
from being a member of congress during
his term of office.
Conclusion of the Court,
The courts mandamus, Justice Wright
declared, was the only known procedure of
law to compel a neglected public duty.
After. quoting at length decisions of the
supreme court and reviewing the duties OF
the printing committee, Justice Wright con-
cluded:
The court is established in its con-
victions that it has been influenced by no
greater or less consideration for one of
Its justices than 1t is accustomed to be-
stow on the affairs OF the most obscure
amongst the people when they attend its
bar; that when the preservation of its
rights and liberties of the people call upon
and require II TO vindicate its retention ana
its free exercise OF the functions which in
the name OF the people have been com
mittd to its charge; that the maintenance
or those functions requires the formation
OF this opinion and is the justification for
its expression.
The court has come to meet situation
where for the first time in its affairs II
has been required to examine the conduct
OF one of its justices against a high ana
dangerous charge of misuse of the pro-
cesses of the law and on coming to an end
OF that examination, the court embraces
the enduring hope that this, the first such
deprecaole occasion. will as we'll be the
last"
In ordering the attorney for the paper
company TO proceed the court expressed
the hope that If there should be at anv
time during the proceedings any effort 10
infringe on the privileges OF the menbers
OF congress. the court would be the first
to uncover IT,