Albuquerque morning journal., 1922-12-16
KELLER REFUSES
To APPEAR FOR
DAUCHERTY CASE.
Representative From Min
neSota Causes Surprise
When He Announces In
ability to Meet Committee

Washington, Dec. 15.--Another
surprise was furnished before the
house judiciary committee today
with the failure Of Representative
Keller, republican of Minnesota,
to appear in response to a formal
summons to give under oath the
information on which he based his
impeachment charges against At
torney General Daugherty.
Mr.. Keller r We no explanation
other than that contained in a let
ter from his counsel, Jackson II.
Ralston, which stated that Mr.
Ralston was unable to appear to-
day because Of imperative business
engagements.
without submitting at this time
to the jurisdiction of the commit
tee with regard I the subpoena "
the letter said. II am expecting at
your next meeting, tomorrow, or
later TO take such position before
the committee with regard to the
subject as then may seem appro-
priate.'
Arguing that this letter con-
tained no excuse for the failure
Of Mr. Keller to respond to the
summons, some committeeman
favored an immediate report to the
house recommending that he be
hailed before the bar there in con-
tempt proceedings. Finally, how
ever. the committee decided to
hear his counsel tomorrow before
charting its course.
Mr.. Keller, who was present inI
the house during practically the
entire session today. conferred late
in the day with his counsel as to
his future position, but no an
nouncement was made concerning
the conference. Earlier in the day
some of his friends stated that he
would not submit himself to the
jurisdiction of the committee.
Authority Is Attacked
Members said the committee
was without authority to compel
his attendance; that its only course
in case of final refusal to re-
spond to summons would be to re-
port back to the house. That body
court in holding a member in
contempt and could enforce its
rulings.
Irrespective Of the action with
regard to Mr. Keller Individually
members were insistent that the
hearing of the impeachment
charges should continue. There
were those who wanted to go to-
day but a majority was OF the
opinion that the further taking Of
testimony should be DELAYED until
the question of whether Mr.. Keller
was to appear to furnish the i'm
formation In his possession had
been determined.
Chairman Volstead stated that
representative Woodruff OF
Michigan and Johnson Of South
Dakota, who have attacked Mr.
Daugherty in the house on charges
of failure to prosecute war fraud
cases, might be summoned. Learn
Ing of this Mr.. Woodruff said he
was glad the committee was TAX
ing cognizance Of his charges.
The crowd at the meeting today
far exceeded that at any other ses-
sion. The big room was jammed,
even to standing room, with an
overflow outside the doors.
There was a buzz when Mr.. Kel-
Ter failed to respond to his name
as it was called by the sergeant.
alarms of the house and then n
craning of necks in anticipation of
the next move. Chairman Vol
stead Immediately had the formal
return OF the service of the sub
poena on Mr.. Keller admitted to
the record and then the argu
ments as to whether the commit
tee should report the Minnesota
member for contempt or grant the
request for postponemcnt until TO.
morrow.
Breaking into the discussion.
Chairman Volstead said he thought
it was appropriate to state the po-
sition OF the committee. He said
Keller's letter of withdrawal an
nounced that he was not going TO
appear any further.
ut was not our refusal" said
Mr.. Volstead. "He came here to
refuse. And another thing he
makes the statement in this com
munication again that he has
abundant evidence and then he re-
fuses to go on"
Representative Jefferies of Ne
braska declared the refusal of Mr..
Keller to be sworn was a "confes-
sion" that his charges had lot been
made in good faith, but on some
Interior motive" Representative
Graham of Illinois asserted that
"only trivial" evidence to support
the charges had been offered and
that for his part if Mr.. Keller re-
fused to testify as to his informa-
tion concerning them he would
ask that he be reported to the
house for contempt.