Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-03-01
SENATORS NOT
IMMUNE FROM
PROCESS
PRINTING COMMITTEE
MUST APPEAR IN COURT
Justice Wright Decides Against
Contentious Of Those Who
Held Legislative Committees
Above Judicial Investigation


lby MOrnlnK J0urpb rpeciat Lensed Wlrrl
Washington. F'eb IS. Justice
Wright, ~ the supreme court Or the
District OF Columbia today decided
that the court acted Within It's author
itv when il issued ts writ of mandam
'us ordering the joint committee on
printing OF congress to show cause
why they should not consider the bid
of the Valley Paper company Of Hol-
yoke, Mass. This means that the
members Of the senate committee
will be compelled "a appear in court
either I'm person or by COUNSEL
The Jurisdiction nf the court JUS
tice Wright declared was generally
recognized. commonly understood and
long exercised and that les jurisdiction
have been conferred by various acts
of congress. Referring to the ab-
sence OF the senators who declined TO
appear in court or to be represented
the court said.
"'rhe progress of the affairs Of JUS
tice in such cases is neither to be
avoided or obstructed by the absence
OF respondents. nor does any part Of
its administration depend upou their
presence
In dfferentiating between case
and cause Of action the court said
that case had certainly been estab-
lishod ana that q cause Of action yet
to be found. The constitu-
ton specified that The judicial power
shall extend to All cases in law and
equity arising undnr the laws Of the
United States and upon this the
court based its jurisdiction
The court then proceeded to exam
me whether the Joint printing COM
nittee Of congress was Il part Of the
body 3tild then dissect its
All legislative duties being
conferred by the constitution upon
.argross the cnurfA cid that none Of
hem could hc delegated by congress
% it's members No power could be
'ested in Il part of congress by law
If congress itself Justice Wright
That there was room TO believe
hat the opening and inspection OF bids
or paper was administrative duty
he court admitted, but he disclafmed
NY inference tnat any member by so
loing held an administrative office.
n that were true. however. Justice
Wright declared the action of such 1
member constituted nothing less
han the forfeiture OF his seat under
hat provision of the constitution
Which prohibits any administrative
flicer of the government from being
member of congress during his term
+ office
The courts mandamus Justice
Wright declared was the only known
Procedure of Law To compel "a neglect
d public duty
Justice Wright added
"The court has come TO meet q situ-
tion where. for the first time In It's
fairs. it has been required to eN-
mine the conduct Of one OF its JUS
ces, against a high and dangerous
harge OF misuse of the processes of
ne law and on coming to an end OF
nat examination. the court embraces
le enduring hope that this, the first
lch deprecable occasion. will ns wei
e the last.
In order for the attorney for the
amer company to proceed. the court
xprcssed the hope that il at any time
the proceedings there should be AN
fort to infringe on the privileges ol
lembers of congress. the court would
q the first to uncover IT,
PORT