The Birmingham age-herald., 1914-02-14
Doubt as to Jurisdiction of
Senate i'm l.. & N.-Fight
Delays Action
ATTEMPT TO SCARE
L. & N.-BRANDEGEE
Connecticut Man Vigorously Opposes
What He Calls Extraordinary Pro-
ceedings-Lea Leads Fight to
Force Road to Show Papers

Washington, February I3-Strong
opposition developed today in the SEN
nte to the passage of the Lea resoiu-
tfon to appoint "A special committee of
five senators 10 cooperate with the
| interstate commerce commission in its
Louisville and Nashville railroad and
its allied lines.
Senator John Sharp Williams reported
the resolution favorably from the
committee on accounts. and read a re-
port from Commissioner Meyer. which
charged that While L. Mapother, vice
Vile, had defed the commissions
agents and threatened to destroy valua-
BILE records. The commission, Senator
Williams said, had asked for the spe
cial committee in order to provide
| jurisdiction for contempt, and to ex-
pedite the inquiry pending mandamus
proceedings in the courts for possession
of withheld records.
Action Delayed
Doubt as to the jurisdiction of the
Senate in the premises led to prolonged
discussion and delayed action on the
resolution until tomorrow Senator Lea
said tonight, however, that he believed
he would be able to convince the Sem
ate that action was necessary to make
possible continuation of phases of the
commissions inquiry. which officials
81. I No ,.~ii1 10 hoA
blocked.
"Officials of this railroad may be as
guilty as hell" said Senator Brande-
gee of Connecticut, and perhaps they
should be hung as high as Hamen, but
1 am against such extraordinary pro-
oeedings as this resolution eontem-
plates. The railroad company had
right to refuse the inspection of pri-
vileged communications and 1t could
secure the same delay through the
courts against a Senate COMMITTEES as
against the interstate commerce com
mission. 1t seems to me that this is an
attempt to scare the railroad into SUBJ
mission.
Senator Lea asserted that Vice Presi-
dent Mapother had taken the position
that he would yield to the commission
only such records as he saw fit 10
give up.
I'VE have information" he said,
from any agent of the commission
that officials of one of the Louisville
and Nashville's lines. the Nashville,
Chattanooga and st. Louis, have begun
to destroy and burn records. We have a
report from one of the investigators
who witnessed the burning of records
some of which extended as far back as
1855 The passage of this resolution can
stop some of this lawlessness.
Resolution Denounced
Senator Works denounced the resolu-
tion as to proposing to deny to citi-
zen resort to the courts to have his
rights determined.
Senator Sutherland insisted that the
proposed step would invade the domain
of the executive department on author
zing an inquiry as to whether or not
a crime had been committed, ard rhe
field of the judicial department In au-
thorizipg the calling of witnesses and
contemplating the commitment for con-
tempt in event they refused to produce
papers.
This resolution is wholly void and
of no legal effect whatever" said Sem
ator Root, land the Senate will find
itself, If 1t passes 1t, in the mortifying
position of failure in its attempt to ex-
ecute powers It does not possess"
Senator Williams had read TO the
Senate. in connection with the report
from Commi ssioner Meyer, a reply re-
ceived from Vice President Mapother
in telegram today denying Commis-
sioner Meyers charges. but admitting
that he elected two commissioners from
a file room, because their conduct had
become such that no self-respecting
man could submit to 1t any longer
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