The Birmingham age-herald., 1922-12-16
Committee to Go Ahead With
 the Charges Against Daugh-
 erty by Minnesota Represent
 tative, But Members Say Ev-
 idence Offered Only Trivial KELLER MAY BE FORCED TO PRESENT HIS CASE
House Could Give Legal Order
 to Make Member Appear at Hearings, Authorities State Stormy Meeting of House Judiciary Committee Held
By Associated Press

V<AOiiiAN0A O4N, oSS. 1o' <Ah other surprise was furnished before the House judiciary committee to- day with the failure of Representa- tive Keller, republican, Minnesota, to appear in response to a summons to give under oath the information on which he based his impeachment charges against Attorney General Daugherty.
 MT. Keller gave no explanation other than that contained in letter from his counsel, Jackson H. Ral- ston, which stated that MT. Ralston was unable to appear today because of imperative business engagements. Without submitting at this time to the jurisdiction of the committee with regard to the subpoena, the let ter said: T am expecting at your next meeting, tomorrow or later, to take such position before the com anittea with regard to the subject IS then may seem appropriate.0
 Says "No Excuse"
 Arguing that this letter contained no excuse" for the failure of MT. Keller to respond, some committee men favored an immediate report to inc House recommending that he be hailed before the bar there in con tempt proceedings. Finally. however, the committee decided to hear his counsel tomorrow before charting its course.
 Mir. Keller. who was present in the House during practically the entire session today. conferred late In the day with his counsel as to his future position, but no announcement was made concerning the conference. Earlier in the day some of his friends stated that he would not submit him self to the jurisdiction of the conn mittee.
 without authority to compel his att tendancc that it's only course in case of a final refusal to respond to a summons would be to report back to the House That body, they said. had sil the authority of court in hold Ing member in contempt and could enforce its rulings.
 Hearings tO Continue
 Irrespectiye of the action with re- gard to MT Keller individually. mem hers were insistent that the hearing of the impeachment charges should constitute. There were those who wanted to go on today but major fty was of the opinion that the fur ther taking of testimony should be delayed until the question of whether MT. Keller was to appear to furnish the information in his possession has been determined.
 Chairman VS1stead stated that Rep resentatives Woodruff of Michigan and Johnson of South Dakota, who have attacked Mir. Daugherty in the House on charges of failure to prose- cute war fraud cases, might be sum moned Learning of this. MT. Wood- ruff said he was glad the committee was taking cognizance or ms charges. The crowd at the committee meet ing today far exceeded that at any other session.
 There was a buzz when Mir. Keller failed to respond to his name as it was called. Chairman yolstead im- mediately had the formal return of the service of the subpoena on MT. Keller admitted to the reCOru anu then the arguments as to whether the committee should report the Min nesota member for contempt or grant request of his counsel for postpone ment until tomorrow got under way.
 "Cnme Here To Refuse"
 Breaking into the discussion Chair man Volstead said he thought 1t was appropriate to state the position of the committee. He said Mir. Kel- Ser's letter of withdrawal announced Mat he was not going to appear any Atrthsr.
 i~> was not our refusal said Mfr,
 "He came here to refuse.
 thing. he makes the %ds communication undant evidence a. ego on.'
 efferis of Ne b; refusal of Mir. K us 'oonfession' Qot been made
 pn some ulterior tg ative Graham of
 at only "triviaf'
 { the charges had
 iarf fer his part if
 d to testify con-
 would ask that he
 he House for con
 Boies of Iowa. at-