Evening star., 1922-12-16
SUBPOENA SPURNEO
AGAIN BY KELLER
IN HOUSE INQUIRY
Counsel Announces He Ad.
vised Client Committee
Exceeded Authority.
DECISION ON NEXT STEP
DEFERRED TO MONDAY
Hearing on Daugherty Impeach-
ment Charges Will Be Re
sumed Tuesday.

Formal notice was given the House
judiciary committee today by Repre-
sentative Keller, republican. Minne-
sofa. that he would refuse to respond
to its subpoena to appear and testify
under oath as to the information on
which he based his impeachment
charges against Attorney General
Daugherty.
Decision as to what action the COM
mittee should take was deferred until
Monday. Representative Graham, re-
publican. Pennsylvania, and several
other members wanted an immediate
report made to the House with a view
to contempt proceedings, but Chair
man Volstead advised that the COM
mittee go slowly and a motion tc
defer action finally prevailed.
Hearings Resume Tuesday.
At the same time the committee
voted to resume public hearings on
the impeachment charges Tuesday.
with Representatives Woodruff. re-
publican. South Dakota, as probable
publican South Dakota, as probable
witnesses. 1t was explained that they
would be asked to testify regarding
their charges that the Attorney Gen
eral had failed to prosecute vigor-
ously war fraud cases.
Keller's counsel, Jackson H. Ralston.
announced he had advised his client
that the committee had exceeded Its
authority. and that he was not re-
Quired to appear in response to the
committee summons.
Acted for House.
Chairman volstead said that the
subpoena served on Mr.. Keller had
been signed by the Speaker Of the
House. and that in ordering the ap-
pearance Of the Minnesota representa-
tive the committee had acted for the
could now report Mr.. Keller back to
the House for contempt
This position also was taken by
Psprsssntative Graham n,,a seppoiietn
as TO the rights OF a member of Con-
gress. and moved that the committee
report Mr.. Keller for contempt This
motion was seconded by Representa-
tive Bird. republican. Kansas, but
some members wanted to hear Mr..
Ralston on the question of the COM
mittee.s constitutional rights, and a
long argument followed.
Records Show Absence.
When Mr.. Ralston announced that
he appeared for Mr.. Keller in the
latter's absence, members demanded
that the record show that Mr.. Keller
had again failed to appear. This was
done with the final calling of Kel-
ler's name by the House sergeant
alarms.
Il have advised Mr.. Keller said
Mr.. Ralston. that in the issuance
he being a member of Congress. with
the implied threat behind II, the COM
mtttee exceeded its constitutional
powers. and that being true. he can
rot by any such process be required
to appear before the committee
After Chairman Vofstead had ed-
vised that it go slowly in reaching
q decision. the committee deferred
until Monday any action with re-
Chairman Nolstead stated during
the day that Representatives Wood
ruff of Michigan and johnson of South
Dakota. who have attacked Mr..
Daugherty in the House on charges OF
failure n, to to prosecute war fraud cases:
this, Mr.. Woodruff said he was glad
the. committee was taking cognizance
OF his charges.
Differ on Authority.
There was q difference of opinion
among the members as to the author
ity Of the House to take action against
Mr.. Keller. and much Of today's COM
mittee session was taken up with an
argument of that question and with
denials that the committee had been
unfair to Mr.. Kelles or had sought TO
"whitewash" Mr.. Daugherty.
Representative Jefferis of Nebraska
declared he had not seen ANY buckets
Chairman volstead denied the COM
mittee had been packed" The chair
man also denied he had said that.
judged by the character of the evil
dence thus far submitted. 1t would
not be possible to make anything
say, he declared. was that the evil
dence regarding the fourth Keller
specification was Of such q character,
relating almost wholly to events after
the fling of the impeachment charges.
that IL appeared there was not much
prospect Of sustaining that particular
charge.
Objects to Summons.
Representative Summers. democrat.
Texas, and other members, insisted
that before the committee act 1t hear
arguments as to its authority from
Mr.. Ralston. This was agreed upon.
but Mr.. Ralston said he wanted IL
understood clearly that he was speak
ing at the request of the committee.
At the outset he declared that IL
Mr.. Keller felt the committee had
been entirely impartial he would 'be
here undoubtedly to submit himself
to the committee"
Launching then into the legal argu-
ment. he said the situation presented
by the serving OF a subpoena, which
carried q threat of punishment. was
barren of precedent, and that very
fact ought to make the COMMITTEES
hesitate as to its action"
Mr.. Ralston declared that under the
Constitution q member Of Congress
could be arrested on only three
charges, treason. felony and a breach
Of the peace. He said there was no
authority anywhere for the House to
punish members for refusing to re-
spond to a subpoena.