New-York tribune., 1922-12-16
Keller Defies
Call to Testify
On Daugherty
Sends Word to House Com
mittee Which Subpoenaed
Him That He's Busy;
May See Them Later
Contempt Charge Urged
VOlstead Declares Inquiry
Will Continue; Untermyer
Is Dared to Attend Session

WASHINGTON. Dec. l5.-Another
surprise was supplied before the House
judiciary Committee to-day with the
failure Of Representative Keller, Re
publican. Of Minnesota. 10 appear In
response 70 a formal summons 20 give
under oath the information on which
he based his impeachment charges
against Attorney General Daugherty.
Mr. Keller gave no explanation other
than that contained in a letter from
his counsel. Jackson II. Ralston, which
stated that Mr.. Ralston was unable 10
appear to-day because Of imperative
business engagements.
without submitting al this time 10
the Jurisdiction Of the committee with
regard 10 the subpoena" the letter said.
81 an expecting at your next meeting.
tomorrow or later. 70 take such posi-
tion before the committee with regard
70 the subject as then may seem ap-
propriate.'
Contempt Charge Urged
Arguing that this letter contained no
excuse" for the failure OF Mr.. Keller
10 respond 20 the summons, some com
/ mittecmen favored an immediate re-
port TO the House recommending that he
be hailed before the bar there in con
tempt proceedings. Finally, however,
tho committee decided to hear his
a - keN - aNaa -
course.
Mr.. Keller, who was present in the
House during practically the entire
session to-day, conferred late IN the
day with his counsel as 10 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 com
mittee.
Members said the committee was
without authority 10 compel his at
tendance; that It's only course in case
Of a final refusal TO respond 10 a
summons would be 10 report back 20
the House. That body, they said. had
all the authority of a court in holding
a member in contempt and could en-
force its rulings.
Hearings TO Continue
Irrespective of the action with regard
20 Mr.. Keller individually, members
were insistent that the hearing Of the
impeachment charges should continue.
There were those who wanted 10 20 on
to-day, but a majority was Of the opin-
ion that the further taking Of testi-
mony should be delayed until the ques-
tion Of whether Mr.. Keller was TO ap-
pear to supply the information In his
/ possession had been determined.
Chairman Yolstead stated during the
day that Representatives. Woodruff, Of
| Michigan, and Johnson, Of South Da-
kota, who have attacked Mr.. Daugherty
/ in the House on charges Of failure 10
/ prosecute war fraud cases, might be
summoned. Learning Of this, Mr.. Wood
ruff said he was glad the committee was
/ taking eognizance Of his charges.
/ The crowd at the committee meeting
to-day far exceeded that at any other
session. The big room was jammed,
even to standing room, with an overflow
/ outside the doors. There was lacking,
however, the dramatic scene Of late
/ yesterday when Mr.. Keller announced
that he would not proceed further with
the presentation Of the charges before
this committee.
stir as He Fails to Respond
There was a buzz when Mr. Keller
failed TO respond to his name as II
was called by the sergeant-at-arms 20
| the House, and then q craninR Of hecks
in anticipation Of the next move.
Z Chairman Yolstead Immediately had
| The formal return Of the service Of the
subpoena on Mr.. Keller admitted 20
I the record, and then the arguments
as to whether the committee should
report the Minnesota member for con-
\ tempt or grant request Of his counsel
for postponement until tomorrow got
under way
Breaking into the discussion. Chair
man Volstead said he thought II was
I appropriate 10 state the position of
/ the committee. lie said Mr.. Kellers
/ letter Of withdrawal announced that
he was not going to appear any fur
/ ther.
"It was not our refusal" said Mr..
/ Volstcad. "He came here to refuse.
| And another thing, he makes the state
ment again in this communication
that he had abundant evidence and
then he refuses TO 20 on"
Calls II Bad Faith Confession
Representative Jefferies, Of Nebras-
ka, declared the refusal Of Mr.. Keller
to be sworn was a confession" that
his charges had not been made in good
faith "but on some Interior motive"
! Representative Graham. of Illinois, as
serted that only trivial evidence to
support the charges had been offered,
and that for his part II Mr.. Keller
refused to testify as TO his information
concerning them he would ask that he
be reported to the House for contempt.
Representative Boies, of Iowa, at
tackled Samuel. Untermyer, Of New
/ York, declaring that he was engaging
/ In small business in screaming from
his Office in New York City against
I this committee
ale ought to come here in the open
as q lawyer and make his charges"
declared Mr.. Boies.
The Iowa member also declared that
there had been no withdrawing" OF
the case and that any suggestion that
/ the committee was not going fully into
/ IL was "mislesdiDg."