The Washington herald., 1910-03-01
SENATE OVERRULED
Justice Wright Would Force
Members to His Court.
RULING IN PAPER co. CASE
Holds He Has Administrative Jurfs-
dictiOn, and if order is Further Ig-
nOred. He May Cite Three United
States Senator's and Three Repre-
sentatives for Contempt of Court.

Justice Wright. of the Distilct Supreme
Court, took direct issue with the Senate
yesterday morning, that ne had unlaw-
fully invaded Constitutional privileges
and prerogatIves by issuing a writ of
mandamus requiring Senators Smoot,
Bourne. and Fletcher 10 appear and show
cause why a certain contract for paper
should not be awarded to the Valley Pa
per Company. of Holyoke, Mass
Justice Wright's opinion was a lengthy
one. in the course of which he cited
numerous precedents to show that Off
GERS Of legislative bodies, heads Of exec
utive departments in Washington. and
even courts themselves are amenable TO
the writ of mandamus.
The Valley Paper Company was the
lowest bidder among several for the fur
nshing of paper to the Government
Printing Office. The joint committee on
printing, consisting of Senators Smoot,
Bourne. and Fletcher, and Representa-
tives Cooper, Sturgiss. and Findlay re-
tected the bid.
Paper Company Complains.
The paper company thereupon petition
ed the court TO require the six members
of the committee to appear and answer
a complaint. The Senate Committee on
the judiciary formulated a resolution
denying the jurisdiction OF the court and
instructing its members not 10 appear.
The House, however, instructed its mem
bers TO appear, out of courtesy to the
court. and denied jurisdiction. Through
counsel, the House members appeared.
and denied jurisdiction of the court, and
also by courtesy informally answered the
petition of the paper company.
Justice Wright having decided that the
Supreme Court Of the District OF Column
bia has jurisdiction, an interesting situa-
ton is created. He has set Friday next
as the date upon which the House men,
bers must appear and formally answer
the petition OF the paper company.
In his formal order Justice Wright
named only the House members Of the
committee to appear on Friday. Unless
some legal genius In the House or Sen
ate evolves some plan, there appears to
be imminent an unprecedented clash De-
tween Congress and a Federal court
which has held that a duty imposed upon
a joint committee Is an administrative
one. and therefore can be reviewed by
the court. while Congress holds that it
is legislative one, with which the court
has no concern.
Could BE Cited for Contempt.
Some. attorneys believe that under the
circumstances, if all six Of the Senators
iand Representatives do not present them
selves in court Friday morning, Justice
Wright can cite them 10 appear and show
cause why they should not be punished
for contempt OF court. But the situation
would then become complicated, how
ever, by the fact that the Senate mem
-bers. if they do appear. viii be in con-
tempt of the Senate. and unless the
House reeedes from its position, the
House members would be in contempt
of the House. Therefore, it can be count
ed on as altogether likely that there will
be a big controversy in both branches
of Congress between now and Friday.
Justice Wright's order concludes: The
considerations which have been express
ed. and the conclusion to which the
courts judgment has been led requires
the court to answer that II IS by law
vested with jurisdiction to hear and de-
termine the controversy; that it is obliged
by the law of the land to entertain that
jurisdiction and to proceed TO that hear
ing and determination.
During the progress Of the exercise Of
that jurisdiction should there transpire
an undertaking to infringe the privileges
and preTcgatives Of the Congress of the
United States or of its members, the
court expects 10 be the foremost among
those who uncover ii. and who attend 10
the preservation and the vindication of
their inviolate and inviolable character.
I'D TO the Senate.
In the opinion of the lawyers of the
Senate Committee on the Judiciary, Jus
tice Wrights decision that he has juris-
dietion does not in any way effect the
status of the Senators who have been or
dered 10 appear before him
The Senators in refusing to obey the
summons Of the court were acting under