The Washington times., 1913-04-20
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recommend TO the House the method of
trial procedure.
No one present at the conference to-
day expressed a doubt that the House
would regard the affair as of tremend-
GUS importance and worthy of immedi-
ate attention.
If a trial is ordered. as expected, II
will take place in the chamber of the
House Of Representatives, with the
n embers of that body sitting as judged.
IT is not the present intention of Mr..
Sims friends to have a committee make
anything but preliminary investiga-
tion.
Congressman Charles Crisp of Georgia,
former Parliamentary Clerk of the
House. and Bennett Clark, son Of the
Speaker ana the present Parliamentary
Clerk, were called into the conference
today The precedents given herewith
show that the House has upon several
occasions punished for an assault upon
one of its members.
Sims Was Not Present.
Congressman Sims, upon whom Mr..
Glover landed two blows in the Far
ragut square fracas, was not present
at the Capitol conference this after
mon. He has left the matter in the
hands of his friends.
Those attending the conference,
which lasted nearly two hours. includ-
ed the so-called parliamentary sharks
of the House. The Tennessee delega-
ton was out practically in full forcs,
the entire list of those present being:
Congressman Houston. Hull Garrett.
Austin, Padgett, Mckeilar, and Byrr,s
of Tennessee, Fitzgerald of New York
Sherley Of Kentucky, Pou of Nortl
Carolina, Hardwick and Crisp of
Georgia
There was unanimily of opinion that
M. Glover had been guilty of con-
tempt in striking a member of the
House because of criticism in n speech
delivered by the latter on the floor.
whether Mr.. Glover should be sum-
marily arraigned at the bar of the
House or whether a more delayed, but
none the less effective procedure should
be Instituted.
Prompt Action Advised.
Following the conference a participant
said.
After examining numerous prece-
contempt must be brought against Mr.
Sims assailant. At first the view was
expressed that the House should arrest
Mr.. Glover forthwith and then deter
mine upon the details of the trial, If one
is voted-and there is no doubt of an
investigation.
The procedure tentatively decided
upon, however, calls for the appoint
ment of a committee on the adoption of
resolution citing MMr Glover for con-
tempt 1t is not contemplated that this
committee shall itself conduct a hear
ing. The Garrett resolution probably
will call for a committee only for the
purpose of :, Recommending how the
House shall proceed with the trial" !.
. In order that the case against the
banker may be outlined in the original
Houston were asked to spend the rest
OF the day examining all precedents in
contempt proceedings, from the founda
ton of the Government to the present
When their joint resolution is brought
in tomorrow the case against Mr.. Glover
will have been as fully prepared as
though it We're for the courts.
Members of the House privately ex-
pect that the Sims-Glover affair final
ly will find it's way to the courts. Par
lianentarians are now bonding up
on the proper course to be pursued
by the legislative branch of the Gov
ernment in the event the capitalist
should seek a writ of habeas corpus.
There are no exact precedents for
habeas corpus proceedings in a case
concerning assault upon member for
words spoken in debate, although the
records reveal where citizens have
been punished for such offenses. In
the past, the offenders appear to have
taken their medicine.
One Case Failed.
In 1876, Hallet Kilourn, a recalcitrant
witness, successfully invoked the writ
OF habeas corpus when arrested for fall
ure to answer questions asked by an
investigatinb committee. Kilbourns 9
success, however, was due to the fact
that the committee sought information
regarding a matter over which it had
no Jurisdiction and the Supreme Court
decision in that case does not apply
properly to one involving an attack up
on a member for words spoken in de-
bate.
The most recent case of contempt con-
sedered by the House followed a mar
row escape from personal encounter
two years ago between Congressman
Robert Bruce Macon, of Arkansas, and
Walter J. Fahy, a newspaper man
Macon. in a speech on the floor, gave
the ''iie" to a newspaper story pub
lished by Fahy and after the adjourn
ment the correspondent sought out the
member before he left the chamber.
Harsh words followed. mutual friends
separating the combatants.
Apologized to House.
In that case the judiciary Committee
investigated. finding fault chiefly With
the fact that Fahy had gone upon the
floor of the House to hold a member
accountable for words in debate. As
10 actual blows were struck, Fahy was
not reprimandcd but was allowed to
apologize to the House and denied the
use of the Capitol Building for ten days.
The trial by committee in that case
hinged largely about the contention
that Fahy had sought Macon out on
the floor. which made the alleged
more serious. perhaps, than
street fight. On the other hand, no
blows We're struck and in the Sims
Glover bout the banker landed twice
and is declared TO have said at the
time that the attack was provoked
because OF Mr.. Sims criticism of
real estate deal in which Mr.. Glover
sod certain land to the Government.
Several Precedents Cited.
When the friends of Congressman
Sims present to the House motion 10
institute contempt proceedings against
Mr.. Glover because of his attack upon
a member, they will cite several pre-
hat