Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-02-11
SENATE VOTES
To IGNORE
COURT
/. MEMBERS ORDERED TO
DISREGARD SUMMONS
Reverse Action Taken in House
and Representatives Will At
tend and Testify in Paper
Company Suit,


tby Morning journal SDeciat Leased wire
Washington. Feb o After sis
hours debate, which included a night
session, the house tonight voted e
permit its members of the joint COM
mittee on printing to obey sum
mons from the supreme court Tor
the District Of Columbia.
This action was exactly the reverse
of that of the senate in the afternoon,
and in consequence, Representatives
Cooper of Pennsylvania. Stursis OF
West Virginia and Finley of South
Carolina will be only members of the
joint committee Of six To appear in
court tomorrow morning in mandamus
proceedings instituted by the Valley
Paper company Of Holyoke, Mass.
which was dissatisfied with 4 paper
contract award made by the comnlt-
tee.
Whether Senators Smoot and Flet-
cher, the senate members will he adj
judged in contempt for failure to APP
pear remains for the court TO decide.
Representative Clayton Of Alabama
made q futile effort to induce the
house to take similar action to that Of
The senate The majority Of the ju.
dietary committee advised the house
to permit its members to obey the
summons and its will finally prevail
ed
Party lines were drawn in the de-
bate. Mr.. Ciayton's substitute for
the judiciary committees resolution
WAS voted down by an aye and NAY
vote, So voting for and ia against
With Thirteen voting present.
The original Brantley resolution
was then carried by Il viva voee vote
and a Is minutes before midnight
the house adjourned.
The senate gave positive instruc-
lions to senator Reed Smoot. Jona-
nor to respond tomorrow to the order
issued by Justice Wright Of the su
preme court of the District of Coiunl-
bia directing them to appear before
him
The proceeding grew ont Of q suit
instituted by the Valley Paper com
nany OF Holyo<e. Mass. as the result
~ the committees award Of a contract
for furnishing paper for the govern
ment printing office.
The refusal Of the senate was based
on the nlea Of the constitutional pre-
negatives Of members Of congress. The
senate took the position that as ii was
= coordinate branch Of the govern
ment the court had no right to inter
fere
Senator Nelson sought to have the
amended as to permit the senators TO
appear only for the purpose Of test
ing the courts jurisdiction and said,
fhat II the recommendations of the
committee We're correct JUS
tice Wright mieht be called before the
senate for contempt.
Mr. Nelson did not defend the
curtis jurisdiction but said that as
The printing committee had acted nm
der statute and not as the ordinary
Of congress. there was
Ground for doubt Senator Root took
the position that the action of the
court was an oncroaehment on the in
dependence OF the senate.
Sustaining Of the court on the
ground that the printing award was
IN administrative rather than legisa-
i've act Mr. Sutherland advised the
to appear in court and
Dlead their privilege.
senator Bacon declared that the ex-
'rcise BY the court of such power as it
.laimed would result in the overthrow
IF the powers Of the legislative de-
The Nelson amendment was voted
lown ii to 40