Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-02-11
WRIGHT POSTPONES
ISSUE WITH SENATE
Submissive Representatives
Procure Adjournment of VAL
ley Paper Co. Case.
TWO WEEKS OR MORE
BEFORE ANY DECISION
Court Not Saying It Will Punish
for Contempt.
COUNSEL APPEARS FOR HOUSE
Hamilton Asks Delay. Without
Prejudice to Plea of No Ju-
risdiction of District
Tribunal.
Court Not Saying It Will Punish
for Contempt.
COUNSEL APPEARS FOR HOUSE

Whether the joint congressional COM
mittee on printing is an executive branch
OF the government outside the jurisdic-
tton Of the courts will not be decided.
at least, for two weeks
Justice Wright. in the Supreme Court
Of the District of Columbia, today grant
ed an adjournment until February % in
the mandamus proceedings brought
against the committee by the Valley Pa
per Company of Holyoke. Mass, citing
the committee to show cause why the
bid of the company to furnish paper
for government printing should not be
accepted
The postponement was granted at the
request of George E. Hamilton, who ap-
peared as counsel for the House members
of the congressional committee
Senators Not Represented.
The Senate members of the commit
tee did not appear in court, nor were
they represented by counsel. Acting un-
der instructions from the Senate they
ignored the summons of the court is
sued by Justice Wright requiring the
members Of the joint committee ON
printing to appear before the court.
Deny Courts Power.
i. Justice Wright was notified yesterday
afternoon by Charles G. Bennett, secre-
tary of the Senate, that the Senate had
determined it's members Of the printing
committee should not appear in court
in answer to the summons of Justice
Wright taking the stand that the court
had no jurisdictioD to question the acts
CT a congressional committee which
was answerable only to Congress for it's
acts.
The question as to whether the SEN
ate members of the committee are in
contempt of court because they did not
appear In answer to the summons of
Justice Wright goes over.
Justice Wright, when asked today if
he considered the Senate members of
the committee in contempt of court, re-
fused to express any opinion, merely
saying that all questions relating to the
case would have to go over until the
date set for the hearing.
No Rights Are Waived.
BY the appearance of counsel this morn
ing for the House members of the COM
mittee, the House members did not waive
their right to contest the jurisdiction OF
the District Supreme Court in the case.
Justice Wright, in agreeing to the post
ponement asked by Mr.. Hamilton made
it clear that the defendants did not
prejudice their cause in any manner what
soever.
Members of Committee.
The members of the joint congressional
printing committee are Senators Smoot
of Utah. chairman: Bourne of Oregon
and Fletcher of Florida, and Repre-
sentatives Cooper of Pennsylvania, Stur-
giss of West Virginia and Finley Of
South Carolina.
When Justice Wright entered court
this morning the courtroom was filled
with interested spectators who had been
drawn there by the pending hearing i'm
the case against the congressional print
ing committee. Many of the leading
members of the District bar were among
the thrOng.
Hamilton Asks Postponement.
When the defendants were called upon
to show cause why the writ of man
damus should not be granted. George L.
Hamilton of Hamilton. Colbert. Yerkes
& Hamilton announced that he had been
retained as counsel for certain of the de-
PENDANTS He asked that the hearing be
postponed for two weeks. on the ground
that he had been retained only this morn
ing and had not had time to examine the
merits of the case.
F. E. Rhodes, counsel for the Valley
Paper Company. told the court that he
had no objection to the postponement
requested by the defendants. Justice
Wright allowed the adjournment. an
nouncing that the defendants had
waived none of their rights in the mat
ter.
Mr.. Hamilton was asked later if he in-
tended to contest the jurisdiction of the
court TO summon members of the CON
eressional printing committee. He said
that he had not gone sufficiently into the
case to outline at this time the argu-
merit he would make. If he agrees 10
the jurisdiction of the court the case
will then be argued on it's merits.
Lawyers Interested.
Considerable interest vas ,nanifested
by members Of the bar as to the courts
future course in regard to the Senate
members of the congressional committee
who ignored the summons of the court. If
the court should hold them in contempt
the penalties are varied.
Justice Wright, himself, has imposed
penalty OF a year in prison upon Samuel
Gompers. and lesser penalties upon other
officers of the American Federation OF
Labor, because he found them in con-
tempt of court in disobeying an injunc-
ton issued by the District Supreme
Court The Supreme Court of the United
States imprisoned Sheriff Shipp and other
Tennesseans for contempt of court re-
Gently in not recognizing a stay of execu-
ton issued by the court.
OF course. there is no thought that a
Jail penalty would be imposed upon the
Senate members of the committee. 1t is
believed that light penalty may be i'm
posed, merely to settle the question at
hand.
r~,-
known lawyer that Justice Wright was
well within his rights when he summoned
the members of the printing committee
He took the stand that the printing COM
mittee was not acting as a legislative
body when it accepted the rejected bids
for paper contracts, but merely as an ex-
ecutive body, and therefore was within
the jurisdiction Of the courts.