The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-11
SENATE AND COURT
At L0GGERHEADs.
Fac h M ay Declare e
the OF her in
Contempt.
JUDGES ORDER
is DISREGARDED
Positive Instructions Are Given
to Committee to Pay No Heed
to Summons of Justice
Wright-House Decides
to Obey Man
date.

Washington, February 10.-Whether
a court at law has power to summons
before it committee of Congress
was the chief subject of discussion
before the Senate and House Of Rep
resentatives to-day
The Senate required but short
time to dispose of this question, and
gave positive instructions to Senator's
| Reed Smoot, Jonathan Bourne and
| Duncan Fletcher not to respond to-
| morrow to the order issued by Justice
| Wright, of the Supreme Court of the
| District of Columbia directing them
| to appear before him. The proceed
! ings grew out of suit instituted by
! the Valley Paper Company, of Holyoke,
| Mass, as the result of the commit
| tees award of contract for furnish
| ing paper for the Government Printing
| Office.
| The refusal of the Senate was based
| upon the plea of the cons titutional pre- pre-
royativcs of members of Congress- The
senate took the position that as 1t
| was a CO. coordinate branch of the
government the court had no right
| to interfere with its business affairs
! Incidentally. tho question was raised
as to whether Justice Wright was In
| contempt of the Senate, or whether the
| Senate was in contempt OF Justice
| Wright
My Cite Judge for Contempt.
| Senator Nelson sought to have the
| resolution adopted by the Senate so
amended as to permit the Senator'S to
| appear only for the purpose of testing
| the courts jurisdiction. and in doing
so said that IL the recommendation OF
| the judiciary Committee was correct
Justice Wright might be called before
! the Senate for contempt.
Senator Bacon. OF Georgia, declared
| that the exercise by the court OF such
,,opyer n, :. claimed would result In
the overthrow OF the powers OF the
| legislative department.
The Nelson amendment wa5 voted
| down. IA 70 40. the original committee
resolution being adopted without divt-
sion. as was another resolution direct
| ing the secretary OF the Senate to
! communicate the views OF the Senate
to the court.
In the House there was greater divi-
| sion OF opinion as. to whether IN this
| particular case the court was author
iZed to summon It's members. The Ju-
/ diclary Committee brought In two re-
/ ports.
! The majority report recommended 8
4 compliance with the summons of tho
court on the ground that the commit
tee was not summoned as members Of
ICongress, but while acting under the
authority of statute enacted by.Con-
gress. The majority therefore recon
| menled that Mcssrs. Cooper, of Pam
sylvania; Sturgiss of West Virginia
and Finley, of South Carolina, be in
structcd to appear in court.
Take Opposite View.
The minority report, in which Chair
man Parker Joined Mr.. Clayton, OF Ala
bama. and Mr.. Henry, of Texas. tool
, the opposite view, claiming that the
Joint committee was acting in legts.
lative capacity. They recommended
either that the committee be;instructec
not to respond to the summons or thai
the resolution recommended by the
majority be amended SO as to instruc
i the members of the Printing Committee
"if necessary to prosecute an appea.
or writ of error from any fudEmen
therein
In addition to joining in the minor.
ity report. Representative Clayton, o1
Alabama, offered resolution declar-
ing that the District Supreme Court
tional privileges of the House; tina
lit was without jurisdiction to hale
into court members Of tho House. ane
: instructing such members to ignor,
3 the summons OF the court.
An extended debate upon the report:
: followed their presentation to TIL.
: House, and at 6lo o'clock reces:
was taken until S o'clock, in order tha'
! final action might be had before ad
journment.
Y Adopts Minority Report.
4 The House late tonight adopted thu
!. majority report of the Judiciary Com
t mttee recommending that the Hous
members Of the joint Committee OIL
: Printing obey the summons of the Dis
I trict Supreme Court to appear befor
, it in mandamus proceedings to-mor
, p. NJ.