Los Angeles herald., 1910-03-01
SOLONS FORCED
TO MEET LAWS
JUSTICE DECLARES CONGRESS
NOT EXEMPT
mo MAN HIGHER THAN LAW"
is STATEMENT
Writ of Mandamus Ordering Commit
tee on Printing to Show
Cause for Rejecting
Bid Upheld
tAssociated Pressl

WASHINGTON, Feb. 28-Justice
Wright In the district supreme court
today decided that the court acted
within it's authority when II issued the
writ of mandamus ordering the joint
committee on printing of congress tc
show cause why 1t should not con-
slider the bid of the Valley Paper COM
pany of Holyoke, Mass.
Justice Wright declared In his de-
cision that to have refused to issue
the mandamus because some of the
persons sued occupied the exalted po-
sitions of senator's would have been
to betray the law"
"No man in this country is so high
that he Is higher than the law" said
the justice. "All officers are creatures
of the law and even the government
of the United States is less than the
law. What is there is the exalted po-
sition Of a senator which prevents any
citizen from laying what he believes
to be an injury before the bar of JUS
dce?"
1.-THE justice announced his decision
made no attempt to dispose OF the
merits of the case, but was merely. to
hold that the court was acting within
it's authority. GI&
Members of the senate committee on
judiciary, which advised the action of
the senate in ordering its members OF
the joint committee on printing to
ignore the order of the district court,
say Senators Smoot, Fletcher and
Bourne are not in contempt, but only
in default.
Court Jurisdiction Recognized
The senate members feel certain the
paper company's protest Will be re-
jected ON its permits. Senator Smoot,
chairman of the committee on print
ing, said he would make no move, as
the whole question was for the senate.
The jurisdiction of the court, jus
tice Wright declared, was generally
recognized, commonly understood and
long exercised and its jurisdiction had
been conferred by various acts of con-
gress.
Referring to the absence of senators
who declined to appear in court or be
represented the court said: "The pro-
gress OF the affairs of justice in such
cases is neither to be avoided or OBJ
stTucted by the absence of respondents,
nor does any part of its administra-
ton depend upon their presence"
In dlfferentiating between a case
aud a cause of action the court said
that case had certainly been estab-
lished and that cause of action yet
remained to be found. The constitu-
tion specified that 1.-The judicial power
shall extend to all cases In law and
equity arising under the laws of the
United States" and upon this the
court based its jurisdiction.
The court then proceeded to deter
mine whether the joint printing COM
mittee of congress was part OF the
legislative body, and then dissect its
functions. All legislative duties be-
ing conferred by the constitution upon
congress, the court held that none of
them could be delegated by congress
to It's members. No power could be
vested in a part of congress by law
of congress itself. Justice Wright main
tanned.
Members Confuse Duties
That there was room to believe that
the opening and inspection of bids for
paper was an administrative duty, the
: court admitted, but declaimed any in
ference that any member, by so doing,
held an administrative office.
II that were true however Justice
Wright declared, "the action of such a
member constituted nothing less than
the forfeiture of his seat, under that
!, provision of the constitution which
prohibited any administrative officer
of the government from being a mem
ber of congress during his term of
Office"
The courts mandamus, Justice
Wright declared, was the only known
procedure of law to compel neglected
public duty"
Justice Wright concluded: 1.-THE court
is established in its convictions that II
has been influenced by no greater and
no less consideration for one of it's
justices than it is accustomed to be-
stow on the affairs of the most obscure
among the people when they attend its
bar; that the preservation of it's rights
and liberties of the people call upon
and require 1t to vindicate it's reten-
ton and it's free exercise of the func-
tions which, In the name of the peo-
pie. have been committed to it's charge;
that the maintenance of those func-
tions requires the formation of it's
opinion and is the justification for its
expression.
The court has come to meet situa-
tion where for the first time in its af-
fairs. It has been required to examine
the conduct of one of it's justices
against high and dangerous charge
of misuse of the processes of law, and
on coming to an end of that examina-
tion the court embraces the enduring
hope that this, the first such deprec-
able occasion, will be the last"
In ordering the attorney for the
paper company to proceed the court
expressed the hope that, If at any
time during the proceedings, there
should be an effort to infringe on the
privileges of members of congress, the
court would be the first to uncover 1t.
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