The Washington times., 1916-03-12
JURY MAY RULE.
ON MARSHALL CASE.
House Committee Considering
Procedure in Alleged Con-
tempt by District Attorney.

District OF Columbia grand jury
may be called upon to decide whether
District Attorney II. snowden Marshall
OF New York. is In contempt OF the
House os Representatives because ne
wrote n letter criticisng. in an unprec-
edented manner judiciary subcom-
mittee named to investigate impeech-
ment charges against him.
II was learned today that members OF
the judiciary Committee are highly In
censed over Mr. Marshalrs letter whieh
Is regarded as somewhat abusive In
tenor
The accused district attorney accept
ed responsibility for statements that
the House investigation was pro-
German affair." evidently to shield
Congressman Buchanan of Illinois, who
brought the impeachment charges. Mr..
Buchanan Is now under indictment In
New York for alleged participation In
fermentation of labor troubles in mu-
lnitions plants and other alleged UNI
neutral acts.
Looking Up Procedure.
The Carlin subcommittee of the judi
ciary Committee. which went to New
York to investigate the impeachment
charge made against the district attor-
ney, Is now looking into methods of
procedure with view possibly OF cit
ing Mr.. Marshall for contempt. The
full committee appears to back up the
subcommittee in its feeling that the
Marshall letter was a most remarkable
document, and may have to receive the
attention of the entire House.
f, tIa n In -
Committee. The committee may GER
tify the facts to the Speaker OF the
House for transmission to a District OF
Columbia grand jury. or the House it.
self may cite Mr. Marshall for con-
tempt and decide whether he shall be
punished.
IL the question be referred to a grand
jury and an Indictment should follow
Mr.. Marshall would be called to stand
trial for contempt of a Legislative
branch OF the Government.
Tho House Is empowered. however. to
consider a contempt charge without ref
erence to grand jury proceedings II
this course be followed the House would
ait as Judge and jury and determine
whether Mr.. Marshall shall be\ excused
or punished.
tits contended that the fact that Mr.
Buchanan is under indictment In nc
sense deprives him OF his privilege Ia
sponsibility as a member OF Congress.
II Ia held. on the other hand. that Mr.
Marshalrs position as Federal office
holder does not give him the privilege
# attacking his investigators and the
sending of n letter OF censure to an in
vestigating committee Is said TO be With
out precedent.
known to have conc to New Yorl: eS.
pecting the cooperation of the district
attorney in their investigation. the as.
sumption being that Mr.. Marshall wei
coined an inquiry.
It Is now said, however. that the COM
mittee received scant consideration from
the district attorney. who finally wrote
letter bitterly criticising the Carlin
subcommittee and charming 1t with I'M
fairness and questionable methods.
Would Not Affect Impeachment.
Members of the Judiciary Committee
say that IL a contempt charge IL brought
against the district attorney it will be
without prejudice to his rights Il, tho
impeachment case.
1t Is asserted by tho committee that
fairness will prevail in investigating tho
charges made ny Mr. Buchanan and the
committee approached the task with m
open mind.
Nevertheless. sentiment In the corn
mittee nov is ono Of resentment be
cause Of the letter sent Mr.. Carlin by
NilC dCChStN 'lSlTlNl Hll'IHey anu con
tempt proceedings are not improbable.
When persons are cited before tn,
House on a contempt charge tina
body may vote either n reprimand
severe censure. or prison sentenc,
or 1t may eXonerate. II a prison
sentence Is ordered, the accused per
son has no redress except by writ o
habeas corpus in the Federal courts.
Tho last person cited to appear be
fore tho House was Washington
banker who assaulted a member o
Congress because of criticism of tn
banker that member had uttered II
debate.
The latter was hailed before tn
Speaker. and In the presence o
crowded galleries and practically tn
entire membership OF the House
rcprimanded for his assault upon
member of Congress.
This censure was made possible un
der the constitutional provision tina
member may not he held account
able "in any other place" for word
spoken In debate on the moor.