New-York tribune., 1916-07-20
House Warrant Is Upheld
and Habeas Corpus
Writ Dismissed.
JUDGE PUTS CASE
UP TO CONGRESS
Says There Is No Other Tribu-
nal to Decide Contempt
Prosecutor Plans Appeal.

II. Snowden Marshall, United States
District Attorney. lost the first skir-
mlsh yesterday with the Congressional
committee that cited him for con-
tempt and spent the day theoretically
IN the custody of Robert B. Gordon,
sergeant-at-arms of the House, who
had warrant for his arrest signed by
Speaker Clark Although Judge Learned
Hand dismissed the writ of habeas cor
pus, by means of which the District
Attorney challenged the power of Con-
gress, it is probable that Mr.. Marshall
will appeal and the case may reach the
Supreme Court of the United States.
The alleged contempt shown by Mr.
Marshall for the Congressional COM
mittee, which was investigating the
charges brought against him by Repre-
sentative Frank Buchanan, was ex-
pressed in letter in which Mr.. Mar
shall assumed responsibility for an ar
ticle that appeared in "The New York
Times" The impeachment proceedings
have been dropped, but the sergeant
alarms was directed 20 fight the con-
tempt proceedings with the purpose, it
is believed. of forcing Mr.. Marshall to
submit 10 a reprimand before the
House of Representatives.
Court Upholds House.
Judge Hand decided that in the case
at issue the House had the power to
punish for contempt and was immune
from review by court which had no
appellate jurisdiction.
Three considerations must be borne
in mind, he said, in deciding as to the
power of the House-whether the
House was engaged upon a constitu-
tional duty; whether in that duty 1t
had any power TO punish for con-
tempt, and whether that power went
beyond compulsion TO produce testi-
mony and included the power to punish
contumacious language directed against
itself and published while the matter
was still under consideration.
81 should have no power to express
any opinion upon the letter" he con-
tinues, cor whether it justifes any
punitive action by the House. 1t GER
tainly touched the conduct of certain
Of its members in their judicial duties,
and it may be judged of character
likely to affect them in the discharge
of those duties.
"The questions whether the conduct
Of those members was such as Justihed
the comment. and, If so, whether the
dignity of the House suffers more by
the punishment of a Just Indignation
= L.r b,ro of ifS ire+fce
quite without the scope of this in
ouiry. Once the powers be recognized
they are comprised in its exercise.
Cites Power of House.
81 am. of course, aware that the i'm
plications of such holding are 10
make il possible for the House TO treat
as contempt criticism OF its conduct
pending impeachments by the press
generally. Such a power involves the
possibility OF abuse, like every other
power, especially when in the hands OF
one who is at once the judge and the
victim. On the other hand, IL must be
conceded that the absence of such
power puts the House at the mercy OF
public pressure that may at times act
ually prevent a fair and impartial de-
termination of an individuals rights.
at may be better that such offences
come before separate tribunal unaf-
fected by the sting of personal insult;
but there is at present no such trih-
unal. 1t has been the traditional
method of the law we have inherited
to trust to the magnanimity of the
courts to disabuse themselves Of such
motives. Perhaps the policy is too
trustful OF human nature, but | GER
tainly have no right TO assume that
the House of Representatives is less
capable of exercising as much self,
restraint as any other official charged
with kindred duties"