The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-01
SENATORS HELD NO
HIGHER THAN Law
Members of Committee on Prob
ing Must Obey Mandate of
the Court.
GOVERNMENT ITSELF
IS LESS THAN THE LAW
Whether Statesmen Are in Con-
tempt Is Another Ques-
ton Raised.

WASHINGTON, Feb. 2s-Justicc
Wright, III the supreme court OF the
District of Columbia. today decided that
the court acted within its authority
when it issued the writ Of mandamus or
dering the joint committee on printing
of congress TO show cause why it should
not consider the bid Of the Valley Paper
company Of Holyoke, Mass. This means
that the senate members of the commit
tee will be compelled to appear IN court
either in person or by counsel.
Justice Wright declared in his de-
cision that to have refused to Issue the
mandamus because some of the persons
sued occupied the exalted position of
senators "would havo been TO betray
| the law.
None Above the Law.
"No man in this country is so high
that he is higher than the law, :" said
the justice;
can officers are creatures OF the law
and even the government of the United
States is less than the law. What is
there in the exalted position of sena'
tor which prevents any citizen from
laying what he believes to be an in
jury before the bar of justiceP'
The justice announced that his de
| clsion made no attempt TO dispose of
| the merits of the case, but was merely
| 10 hold that the court was acting with
in the authority which had been con.
ferred upon it by congress itself and
was interpreting the very law which
congress had created,
Holds Law Is Plain.
Whether the senators appeared in
N uS
Justice Wright declared was imma-
terial. A case certainly had been es-
tabhshed. he declared. If there existed
a cause of action that would be deter
| mined as the proceedings went on, the
question Of the senator's being In court
or represented by counsel would then
be patent.
Members Of the senate committee on
! the 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 that those senators are not in CON
tempt, but only in default. The gen
eral impression was that the court would
continue with the case Instituted by the
Valley Paper company and accept the
answer of the house members of the
joint committee.
Smoot Will Wait and See.
The senate members feel certain that
the paper company's S protest will be re-
1ected on Its merits. Senator Smoot,
chairman of the committee on print.
ing, said he would make no move, AS
the whole question was for the senate
Jurisdiction Acknowledged.
The jurisdiction OF the court, Justice
Wright declared. was generally recog-
ercised: and its Jurisdiction had been
conferred by various acts OF congress
Referring to the absence of senators who
declined TO appear in court or be repre-
sented. the court said:
The progress OF the affairs Of JUS
tice in such cases is neither to be avoided
or obstructed by the absence of re-
ministrat!on depend upon their pres
ence"
In differentiatlng between case and
n cause OF action. the court said that q
case had certainly been established and
that a cause OF action yet remained to be
found. The constitution specified that
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.
Function of Committee.
The court then proceeded to determine
whether the 5ont printing committee of
congress was part Of the legislative
legislative duties being conferred by the
constitution upon congress- the court held
| that none OF them could be delegated by
congress To its members. No power could
be vested In a part of congress by law
of congress itself. Justice Wright main
tanned
That there was room to believe that the
opening and inspection OF bids for paper
was an administrative duty, the court
admitted. but he claimed any reference
mar 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 pro-
vision OF the constitution which prohlb-
ited any administrative officer OF the gov
crnmcnt from being member OF con-
Srcss during ms term of Office"
Mandamus Only Remedy.
The courts mandamus. Justice Wright
declared, was the only known procedure
OF law 10 compel neglected public duty"
Justice Wright concluded
"The court is established in its con-
victions that II has been Influenced by
no greater and no less consideration for
one Of It's justices than il Is accustomed
to bestow on the affairs OF the most OBJ
scure among the people when they nj
tend It's bar: that the preservation OF the
rights and liberties OF The people call up-
on and require II TO indicate its retention
and its free exercise OF the functions
which. in the name OF the people. have
been committed TO its charge: that the
| maintenance of those functions requires
the formation of It's opinion and is justl-
| iicaton for Its expression.
The court has come 10 meet Il stua-
| ton where for the first time in its af-
| fairs ii has been required to examine the
conduct of one OF It's justices against n
| high and dangerous charge of misuse of
| the processes OF the law. and on com
| Ing TO an end OF that examination, the
| court embraces the enduring hope that
this. the hrst deprecable occasion. will be
| the last"
In ordering the attorney for the paper
| company to proceed, the court exnressnd
/ hone N of ~ lima, 1,,,. ,.t- Il,
| proceedings. there should be an effort 10
| infringe on the privileges OF members OF