The daily banner. (Cambridge, Md.) 1897-2008, 1913-03-13
TENER DEFIES
THELECISLATURE
DUAL OtficehO|ders Ignore Sub
pOenaes Of Committee.
NEXT MOVE EAGERLY AWAITED
The Governor Contends the House Has
No Power to Investigate Executive
Department.

j ne SOvSTnOF SOIIlCu0S kIS T10doS EbaO
No Power to Investigate Executive
Department.
Harrisburg, Pa. March Is. - The
house, through the special committee
which it authorized to investigate dual
office holding, decided to accept Gov
ernor Tener's challenge that it Is with
out constitutional power as legisla-
tive body to probe executive depart
ment affairs, which position he took In
communication to the house.
The return challenge took the form
of subpoenas served on sixty-two al
legged dual office holders in nearly ev-
cry department on Capitol Hill. Not
one of them appeared before the COM
mittee in response to the subpoena.
The next move Is awaited with In
terest.
George Wills, sergeant-at-arms OF
the house, served the subpoenas per-
sonaly. He marched boldly into the
governors Office at the capitol, tapped
on the shoulder Walter H. Gather,
the governors secretary, serving him
with the committees notice.
Gather receives $4,000 year as the
governors secretary and an additional
$500 as recorder for the board of par
dons. Gather and others were YER
bally subpoenaed by Wills on Tues
day, but upon advice Of the governor
refused to obey the summons.
The committee has forced the con-
troversy between the house and the
governor into legal issue.
The judiciary general committee OF
the house, to which Governor Teners
communication was referred, delegat.
ed to a subcommittee the task of sug-
costing what stand the house should
take with respect to the governors
defiance. The special committee in
cludes John r. K. Scott. Daniel J.
Shern and Sharles J. Roney. Philadel-
phia; E. Lowry Humes. Crawford
county. and Frederick H. Geiser. OF
Easton.
The supreme court Is quoted by Mr..
Tener in support of his attitude. In
his communication, addressed to the
house, the governor says:
Having in view the powers and du-
ties of the three coordinate branches
of the state government, a proper re-
gard for the executive department and
the prerogatives, powers and duties
vested in that department by the peo-
pie, under the constitution of the COM
monwealth, impels me respectfully to
express my dissent from the PROPOSE
ton that it lies within the power Of
either branch of the general assembly
to compel the governor, or the head Of
any department included by the con-
stitution within the executive depart
ment, and their subordinates, subject
to the supreme executive power vest
ed in the governor by that constitu-
ton, by its subpoena, to appear and
testify concerning, or produce books,
papers and documents relating to. the
administration of the executive de-
partment, before legislative commit
tee created by it, in any case where,
in the judgment of the governor Of
the commonwealth. 1t would be in
compatible with the public interest to
obey such summons.
1.-THE same fundamental principle In
our organic law which exempts the
governor and his subordinates, while
engaged in performing the duties per-
tanning to their respective offices, from
the subpoena of the judicial depart
ment of the state government, like
wise exempts the governor and his
subordinates from the compelling
power of a subpoena of an investigat-
ing committee created by resolution
adopted by but one branch of the gen.
eral assembly.
II have never declined. nor shall I
decline, to communicate to the gen.
eral assembly, all the Information
which, under the constitution, or the
law, Of this commonwealth, it is my
duty to give. or which my judgment
as the governor Of the state may sug-
gest to me, or request from the leg
islature may indicate to me. will be
useful in the discharge of the appro-
pirate duties and functions committed
to the law-making branch Of the gov
eminent.
Meanwhile, and until such request
Is preferred to the governor, I have
directed the heads Of the several ex-
ecutive departments and their subor-
dinates to decline to respond to the
subpoenas."