The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-02-12
CONGRESS AND THE COURT.

That is very serious question, ii
would almost seem that il was an i'm.
possible question, which has been raised
by the granting Of an order by Justice
Wright of the Supreme Court Of the
District of Columbia. directing certain
Representatives and Senators to appear
before him 10 answer with respect to
the letting Of contract for supplies
for the Government printing office by
them under the authority of the two
Houses of Congress.
At first blush, il would appear that
this order of Justice Wright is clearly
an invasion of the rights of Congress.
and absolutely groundless in law The
opinion of Senator Root 10 that. effect,
is entitled to great weight, and the sug-
gestiou made in the Senate. that Justice
Wright is in contempt of the Senate
in issuing the order is one that cannot
| lightly be dismissed. For, if Congress
is not entitled to proceed with the trans.
action of its business, either in the
letting of contracts for supplies or other
wise, If the action Of Congress is sub.
lcct 10 interference by the courts in
the mere matter of that procedure. then
Congress would appear 10 he bound hand
and foot by tho Judicial Department of
the Government.
lt is true, of course, that the courts
pass upon the validity of statutes en-.
acted by Congress when their validity
is challenged, but that is a different
matter. Practice in that respect is well
recognized and settled But here is a
case where Congress, simply in the or.
dinary transaction Of its business. let's
n contract for supplies II is part Of the
daily routine of Congressional work.
To imagine that court can step in and
interfere in that, would seem to be an
cncroachmcnt upon the rights and privil.
eges of Congress, and to destroy its
liberty of action.
The Senate refuses TO answer TO jus.
tlce Wright; the House consents TO an
swer. SO that we have, in the two
Houses both sides of the position. The
House will probably plead the privileges
belonging to it and its members of
freedom from interference in the repu. |
lar transaction of the public business. |
Ii the court rules against this it will |
be interesting to ascertain what remedy |
1T proposes to apply that will not be |
n direct infringement upon the rights
and Liberties of the House and its
members. While on the other hand if
the court holds the Senate in contempt
Tor refusing to answer at all, il will |
be rather curious to see how the court
viii propose TO enforce its order or
vindicate itself from contempt. II is
hardly conceivable that n pre- emptory
protest would be sent against the Sena-
tors; and when the Representatives.
from the House have answered and
pleaded the privileges of the House.
they should drop the matter and depart
IT is not easy To see what the court
could rio about it. The peo9le of the
country at large would certainly not
relish petty judge in the District of
columbia undertaking to interfere with
their Senators and Representatives in
The matter of official Judgment and pro
,edure, and if such right is claimed
there will be undoubtedly a corrective
applied that will deprive ahy petty
court, merely by reason of its local posi.
ion, from any idea that it can inter.
Fere with the representatives of the
people from the States and from the
population of the whole Nation. The ,
business of Congress affects the whole |
people, and it is impossible that the
of that business should be
subject to the Interference or control
If a local court of the District of Col.
imbia. which Congress can abolish in
| day if it so wills.