The Sentinel=record. (Hot Springs, Ark.) 1900-current, 1910-02-11
UNITED STATES SENATE BOWS
TO NO OTHER BRANCH OF THE
U. S. GOVERNMENT.
Will Not Recognize subpoenas From
Courts and May Order Judge
Who Issued Them to Ap-
pear for Contempt.

Washington, Feb 10.-Whether a
court at law has power to summon be-
fore it committee of Congress was
the chief subject of discussion before
the Senate and House today
The Senate required but a short time
to dispose of this question and gave
positive Instructions to Senators
Smoot, Jonathan, Bourne and Duncan
Fletcher not tc respond tomorrow to
the order issued by Justice Wright, OF
the Supreme Court of the District of
Columbia, directing them to appear be.
fore him.
The proceeding grew out of a suit
instituted by the Valley Paper com.
pany of Holyoke. Mass, as the result
of the committees award of a con-
tract for furnishing paper for the gov
ernment printing office.
The refusal of the Senate was based
upon the plea of the constitutional
preorgative of members of Congress.
The Senate took the position that
as it was a coordinate branch of the
government, the court had no right to
interfere with its business affairs.
incidentally the question was rails.
ed as to whether the Senate was in
contempt of Justice Wright, or wheth.
err Justice Wright was in contempt Of
the Senate.
Senator Nelson sought to have the
resolution adopted by the Senate, so
as to permit the senators to
appear only for the purpose of sest-
ing the courts jurisdiction, and in
doing so said that if the recommen.
dation of the judiciary committee was
correct, Justice Wright might he
called before the Senate for contempt.
Senator Nelson did not defend the
courts jurisdiction but said that as
the printing committee had acted un-
der a statute, and not as the ordinary
instrument of Congress, there was
ground for doubt.
Senator Root took the position that
the courts action was an encroach-
ment Upon the independence of the
Senate.
Senator Bacon declared that the ex-
ercise by the court of such power as
1t claimed would result in the over
throw Of the powers of the legislative
department
The Nelson amendment was voted
down ii to 4, the original committee
resolution being adopted without d,vi-
sion as was another resolution direct
ing the secretary of the Senate to
communicate the views to the court.
In the house there was greater di-
vision of opinion as to whether in this
particular case the court was author
lied to summon it's members. The
judiciary committee brought in two
reports.
The majority report recommended
compliance with the summons of the
court on grounds that the committee
was not summoned as members of
Congress, but while acting under the
authority OF state enacted by the
Congress. The majority therefore
recommended Cooper of Pennsylvania,
Sturgis of West Virginia, and Finley
of South Carolina to be instructed to
appear in court
The minority report in which Chair.
man Parker Joined Mr.. Clayton or
Alabama, and Mr.. Henry of Texas.
took the opposite view, claiming that
the joint committee on printing was
acting in legislative capacity.
They recommended either that the
committee be instructed not to re-
spond To the summons or that the res.
oiution recommended by the majority
be amended so as to Instruct the
members Of the printing committee