South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-04-23
BORAH'S PROBE OF
SBMENOFF'S ACTS
AROUSES CAPITAL
Determination to Question
Russian Ambassador Stirs
Diplomatic Circles.


WASHINGTON. AFru 2Z-sen
Eorahfe determination 90 nave the
Russian ambassador before a sen
ste committee is the table talk OF
INC moment in the capital
OltwardIy &c Is "a simple pro-
rosal 20 have MIR Bakhmeten tell
,ba senator's what he knows a7out
he conduct and alleged atrocities
or Cen semenoff. the COssacN
leader i'm Siberia Incidentally
sen. Borah wants 90 get the am
baesador 20 give details about what
government ne represents. But UNI
der the surface there ls something
deeper and more far reaching
something which one set or minds
contends goes back TO the wisdom
Of the trainers Of the constitution
and on the other hand something
which another set of minds con-
tend ought 20 be viewed I'm the light
Of changing conditions and progress
The diplomats are deeply disturbed
two ways. Some Of them are
fearful OF breakdown OF their
ancient rights and immunltes-
Some others although they do not
say so. indicate they would not be
displeased at a precedent wnlcn
might establish the prOpriety OF
having direct intercourse with OIL
Gals Of the government outside the
legislative branch As the matter
stands now Sec'y Hughes has IN
formed the senate that Mr.. Bakh-
meteff IS the am bassadOr OF Rus
STA and that subpoena cannot be
served hauing him before con-
gressional committee Sen. Borah
saws ne will deal with the matter
further from the floor Of the SEN
ate. Meanwhile it might be said
that the executive branch or. the
government is uneasy over the pre-
dicament. possibly regarding IL as
a progressive symptom Of what
some have described as the gradual
encroachment OF the legislative
branch OF the government on tht
executive.
The oldest traditions of interna-
tional law confer widest immunities
upon diplomats. their persons and
establishments on the ground that
only by such safeguards can a diplo-
matte officer be OF any real service
TO his own government As far back
az 1890 congress enacted laws in
accord with those traditions. The
laws on the point seem very ex-
plicit and far reaching.
Section 4O63 Of the revised stat
utes provides that whenever any
writ issued out in any court national
r.T.r q of = n
minister received by the president
is arrested. such writ or process
shall be deemed void"
The next section goes much fur
rher. providing that whenever any
such writ issued out every person
by whom the same Is obtained or
prosecuted, whether as party or as
attorney. or solicitor and every
officer concerned I'm executing It shall
be deemed a violator Of the law
eliminations and disturber of the
public repose and shall be imprison-
I'd for not more than three year;
and fined at the discretion OF the
court"
OF course. a point might be made
that a process issued by a senate
committee is not strictly one eme-
mating from a court" as described
in the -.atute. But on the other
hand 10 iis been held that i'm such
cases "a that now under considera-
ton the enate committee is clothed
with quasi judicial powers having
rover 20 compel testimony and
cause the imprisonment of recalci-
trant witnesses. as has been shown
I'm many instances.
II has happened that resident
diplomatic agents have been quite
willing personally 90 respond TO i'm
uuiries and supply their testimony
20 American courts, but it is also
the fact that by the terms OF in
ternatonal law they are strictly for
hidden 20 do so except by special
direction OF their own governments
and this is rarely given even though
miscarriage OF justice occurs and
criminals escape just punishment.
I'm the present instance il is wei
understood that Mr. Bakhmetet
has no disposition TO protect the
COssack general from prosecution
The Russian embassy had little tC
DO with Scmenoff when he passed
through Washington recently on hi.
way 10 New York where ne had eX-
pected to take ship for Paris Il
meet the colony of adherents of the
Kerensky regime and plan for the
future The embassy did Civ,
publicity TO statement made b,
Semenoff regarding his course IT
Siberia. But that was done witt
the deliberate purpose Of putting OF
The record q positive disclaimer 10y
SemenOff that he had entered into
any compact with the Japanese %
grant valuable concessions 10 then
in return for their assistance in
overturninE the soviet forces II
eastern Siberia Beyond that publ
cation the embassy gave no sigI
Of the existence of Semenoff nor di,
10 attempt 10 prevent his arrest ir
the civil process in New York. I'm.
Voving his confinement i'm LUDLOW
Jail Though quite willing {,
rsr an that BE knows OF the doing.
~ Sainenoif ir Siberia which b,
rra way. said 20 be very Little
A1hsss1u0- BakhmeleEf believe
r1at NE can respond TO such q cal
only through the state department
y nc is % be bound by the rule
Of diplomacy.
MAD TDTO ron TTTEr