Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-02-26
A MOOT QUESTION.
Has Court Authority Over
Our congressman?
Arguments al Washington on
Mandamus Proceedings
To Compel Joint Congressional
Committee to Rescind Action.

Washington, Feb. 25.-The great
question of what authority one branch
Of the government has over another
one was argued today in the supreme
court Of the District of Columbia, with
presidents dating from the days of
Chief Justice Marshall. The manda-
mus proceedings of the Valley Paper
20. of Holyolie, Mass, against the joint
congressional committee on printing
evolved into q contest Of authority be-
tween the courts and Congress and the
foundations were laid in a case as his
oric as any in the annals of the ju
.liciary.
Whether or not the printing commit
Tee can be compelled by court to re-
scind it's action on purchases of pa
per for public printing and take into
consideration the bid of the Valley Pa
Der Co. is the immediate question.
Whether Congress and it's members in
their official capacities and clothed
with constitutional immunity are
amendable to the law, will be the ulti-
mate one which an array of counsel
on both sides is ready to admit.
In today's proceedings the senators
on the printing committee continued to
ignore the summons of the court, on
the ground that it was without juris-
LECTION and they were not present or
.euresented by counsel. They are Sem
tors Root of New York, Smoot of Utah
md Fletcher of Florida. The members
# the committee from the House, how
ever, Cooper of Pennsylvania, George
G. Sturgiss of West Virginia and Fin
ley of South Carolina, occupied seats
n the front row of spectators and were
represented collectively and Individual
Nv by a host of counsel. The depart
nent of justice, too, was represented
or the first time today to contest the
jurisdiction of the court.
The gist of the committees plea IN
answer to the paper companys man
Janus was that the company's DID was
not 1.-THE lowest in the best interests OF
the government and that it failed to
comply with certain legal, TECHNICAL
ties
UDon the question of it's relation 10
the court, however, the graVer conteh-
ton was made that the members or the
printing company were clothed Win
the constitutional immunity conferred
lpon them by their membership III
Congress, that they did not act IN
ministerial capacity, and that the man
Janus, stripped of it's primary tea-
.,res. was not mandamus against the
printing committee at all, but really
nandamus by the supreme court OF the
District of Columbia against Congress
itself The committees plea was that
as a committee it's members did the
same work which Congress itself coulr
10 upon the floor of both houses If 1t
hose to dc so.
The argument proceeded at great
enyth. Four attorneys spoke for the
ongressrnen and Justice Wright at
ines entered into the discussion from
he bench. The attorney for the Pa
Der Company presented to the court
decisions of the supreme court at the
United States covering several famous
ecision and announced that he would
AXE until Monday to, prepare it and
aand it down at the opening OF court
This presents a situation entirely
new in American jurisprudence. me
possibility of three United States sen
,tors heing adiudged in contempt OF
,orrt and the possibility Of a supreme
curt Justice being accused OF contempt
IF Congress, enter into it,