The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1924-05-02
SINCLAIR FIGHTS
CONTEMPT
RULING
Authority of Senate Attacked
by His Attorneys In Dis
trict Court
Continued from First Page.)


powers Of the Senate to conduct
what amounts to a fishing expedi-
ton for evidence, or what amounts
to an examination before trial with
relation to the suits of the Govern
ment. both civil and criminal,
against the witness, is an outrage
Gus perversion of such functions and
most un-American."
Repeatedly his attorneys insisted
that Sinclair did not refuse 70 an.
swer questions because Of fear of
incrimination.
There was nothing in the Teapot
Dome oil lease which docs or can
incriminate" Sinclair, the brief de-
clared.
Points Cited BY Attorneys
Three principal points were cited
by Hinclair's attorneys. for Quashing
the indictment:
l. 1.-THE Senate Of the United
States has no power to compel testi.
mony or the production Of docn-
ments when acting in Its legislative
capacity; q construction Of Section
102. Revised Statutes. as extending
thereto, would be obnoxious to the
Fourth ana Fifth Amendments TO
the Constitution. The only power
the Senate has to compel testimony
or production OF documents is in the
course of the exercise Of those
judicial functions committed to Il by
the Constitution; namely, the pun
ishment OF its own members for
disorderly conduct or for the failure
to attend sessions, the decision Of
contested elections to the Senate.
and the determination Of the quail.
fication OF its members and the
trial of impeaehments.
2. Even assuming that the Sen
ate has power TO exact evidence in
aid Of its legislative functions, the
resolutions and the whole course of
the loiD committee and the SEN
ate show that the committee was
throughout engaged in q judicial
inquiry beyond it's cogni1ance, and
the questions asked Sinclair) could
by no possibility relate 10 any legis.
lative inquiry, and, so far as rele.
want to the resolution ct all, re-
lated to said judicial inquiry, and
(S)-"The passage OF the Senate
joint resolution No. 81 directing the
President to proceed to cancel the
oil leases, declared void for alleged
fraud deprived the Senate Of jurig.
diction to make any further investi-
] cation under Senate resolution No.
2S2 as amended, as well as under
Senate resolution lat, passed Febru.
airy Z, 1924" (The resolutions author
ICED the committee to investigate
leases upon naval oil reserves).
Warns Of Entertainments.
The question involved in this in.
dictment is not one affecting mere.
ly this defendant" the brief con.
cluded. mot only are the citizens
liberties attempted to be trod under
foot by the Senate, but special
counsel are employed at the nations
expense to endeavor to sustain this
exercise Of power as q right, II be.
Eooves the courts to be doubly
watchful TO- safeguard them against
such encroachmepts."
Not only was the committee EN-.
powered to force testimony from
Sinclair, but tho investigation was
prosecuted in the utmost good faith,
Government counsel declared.
Reply by U. s. Counsel.
There is nothing In the record
to substantiate the defendant's con.
tention that this investigation was
originally, or had degeherated into
a mere fishing expedition for in.
formation solely Of q private ma
ture," the Government. brief said.
If it were not true that every pre-
sumption Is in favor Of good faith
and proper purpose of Congress in
making the investigation, there is
sufficient upon the face of the In.
dictment to show that there IL a
proper public purpose in connection
With contemplated Congressional &C.
ton to justify the inquiry.
For this court to take the con.
trary view would be for It to find
that Congress in adopting the reso.
luton for the inquiry, and the COM
mittee in attempting to carry out
the terms of the resolution, were
acting in bad faith"
owen j. Roberts, Atlee Pomerene,
and Maj. Peyton Gordon. United
States District Attorney, represented
the Government. Sinclair's attor-
neys were Martin w. Littleton and
G. T. Stanford, OF New York, ana
J. w. Zevely and George p. Hoover,
Of Washington.