The Washington herald., 1916-05-09
Lawyers Warn Congress.

George w. WIckersham, former ATTORNEY Gen
eral of the United States, acting under authority
Of the Bar Association of New York of which he
is president, has written letter to Speaker Clark
calling the ~ttention of the House of Representa-
tves to the possible evil effect upon the admins
tratlon OF criminal justice which may result from
the proceedings now pending in the House against
H. Snowden Marshall, United States attorney for
the Southern district OF New York The cxtraor-
dinary case of Mr.. Marshall will readily be re-
called. In the carly part of last December stories
appeared in large number Of newspapers to the
effect that indictments were about to be returned
IN New York against several persons including
members Of Congress, who were alleged to have
been connected with conspiracies 10 bring about
strikes IN munitions factories On December H.
1915, Representative Frank Buchanan, of Illinois
arose in the House and instituted impeachment
proceedings against Mr.. Marshall On Decem-
Der 28, 1915, the grand jury in the United States
District Court for the Southern district of New
\ ork found an indictment against Representative
buchanan and others for violation of a Federal
statute Those indicted included officers and for
mer officers Of Labors National Peace Council
an organization financed by German money and
David Lamar, wolf Of Wall Street" who is
about TO begin prison term. On January 12
1910 Representative Buchanan formally intro
cary Committee Of the House appointed a sub
committee OF three to take testimony, and as the
result OF their inquiry and letter Mr. Marshall
wrote to them he finds himself not only the
defendant in impeachment proceedings but also
accused OF breach of the privileges of the House
In asking the House of Representatives for
careful consideration before taking action on the
latter charge, the New York Bar Association.
through President Wickcrsham, sets forth:
The successful working Of our system requires
that the persons entrusted with power in anv one
OF the three branches Of government shall not en-
croach upon the powers Confded to the others
Certainly only alleged offenses of grave and ex-
dence from responsible sources, should iustifv an
investigation by legislative body into the con-
duct OF criminal prosecution of one of its MEM
bers then pending undetermined in a court of
justice.
1t is a timely and necessary warning. strange
as it may seem, for an association of LAWYERS to
advise Congress in a matter of this nature It is
safe TO say that the people are watching the pro-
cecdings against Mr.. Marshall with the deepest
interest. They would have been far more i'm
pressed had Representative Buchanan. instead of
undertaking to impeach his accuser, rcfrained
from taking any part in the making of laws for
the nation while he under indictment for vio
lation of one already the statute books The
New York Bar Association has presented to the
House an important phase of the situation.
Whatever may be the outcome most Iavmcn
will incline to the view that it would be both wise
and fair to try Buchanan FIRST and Marshall after
ward even though Congressional dignity must
remain ruffled meanwhile.