New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-12-30
PUJO VIEW UNOFFICIAL
WiCkersham Didn't Adopt All
of Assistants Opinion.
AVOIDS NICE QUESTIONS
Power of Congress Committee
to Compel Testimony Disre:
garded in Statement to Taft.

Washington. Dec 2a-Widely published
reports that practically all Investigations
nv Congress now under way-nOtabiy that
into the money trust''-were NJ danger
of being frustrated because Attorney GEN
eral Wickersham, in an opinion prepared
for President Taft. had adopted the we"
that Congress was without power TO COM
pei the attendance or testimony OF wit
nesses in pursuance Of its legislative onsi-
ness. brought from officials Of the De-
partment Of Justice to-day emphatic
statements that Mr.. Wickersham nae
neither adopted nor presented 10 Presi-
dent Taft any such view.
What was published. az purporting 10
be the decision of the Attorney General
was a portion Of a memorandum prepared
for Mr.. Wickersham by Wrisley Brown
his assistant. who prepared the Archibald
impeachment case Browns memorandum
was prepared as resume for the Attor-
Dev General TO use in preparing ms
opinion as 10 whether the Controller OF
the Currency could present 10 the Pujo
committee Of the House certain inforna-
ton relating to national banks and their
resources.
ATTORNEY General Wickersham adopted
a portion Of Browns memorandum, which
held that the Controller might In his dis-
erection give 10 the Pujo Committee s'a-
tistical information in his possession Dut
which held further that the Controiei
mi4ht not use national bank examiners
at the expense Of banks, 10 gather fur
hand
desired by the Pujo Committee.
Mr.. Netherlands opinion touched only
upon those two points, but Brown
resume went further. and touched upon
the power Of a committee or Congress
to compel attendance and testimony Vi
witnesses upon penalties OF contempt
Onicials Of the Department OF justice Say
that portion Of Browns memorandum
was merely one part Of a complete
resume of all sides OF the situation, and
| i'm no sense an opinion OF the depaI l.
nent. but merely digest for Mr.. WICK
ersham's aid in preparing his opinion.
The portion OF Browns memorandum
relating 10 the power of Congress TO COM
Del testimony was disregaIded by Atlof-
nev General Wickersham in framing his
ouinion. on the ground that II involved q
point he had not been called upon to de-
eide. The Attorney General, department
officials say. did not adopt Browns VIC"
either unofficially nor touch upon 1t IN
the rnernoran dum ne prepared for Presi-
dent Taft
reading OF Browns memorandum
discloses that he pointed out that IN
case before the Supreme Court OF the
| United States the late Associate Justice
Miller held that there was doubt OF the
mower OF either house of Congress TO
punish a witness who refused TO testify
regarding his private affairs, and That
| the right of either house to infiict such
| punishment was not supported by pTece-
dents or the English Parliament or the
| English law. This portion Of the Brown
memorandum Mr. Wickersham passed
over as presenting a question he had not
been called upon TO decide. Brown gave
Il as his opinion that the committee
could not obtain from officers of ma
tionaI banks the same information which
81 could not compel the Controller OF the
Currency 10 give.
| should the specific question Of the
| power OF Congress TO pursue such in
vestigations as those now under way be
| presented to the Attorney General, OIL
cials said to-day that he could be COM
PEELED TO decide it, Mr.. Wickersham was
not in the city to-day and none pro-
fessed to know his views.