Evening star., 1924-03-22
SINCLAIR COUNSEL
CITES PREcEDENTS
Points Out Previous ChaI-
lenges to Probe Powers
of Senate.

! longing tho right Of Congress to sub
! poena witnesses, it is contended that
Congress has assumed the rights of
the judiciary, and has no power to
proceed along the line now followed
in the oil investigation.
| "A committee of the Senate or
House. said the statement. though
authorized to do so by resolution, Is
not empowered to compulsorily sum-
| mon witnesses 10 aid the Senate or
| the House in the discharge OF its Log
| islative duties.
No Final Cancellation.
| This practice has obtained In both
| houses for a great many years, but
has never been challenged 10 a final
conclusion in the higher courts The
right to summon and compel persons
TO appear and give testimony or to
| produce books. papers and documents
Is essentially and historically an at
| tribute of the courts of justice au-
thorised to determine finally cases
and controversies between litigants,
and the extent TO which the practice
or committees OF the House and the
senate has been judicially sanctioned
cations the right to conduct which is
| expressly conferred upon the House
or the Senate by the Constitution of
the United States or the one. excep-
| SS,oi' ~hiSn rs 10 enapie either lne
| HouSe or the Senate to protect itself
against decay or contamination by
the expulsion OF offending members.
Cite. Early Challenge.
The power of committees Of the Sen
ate AND the House has many times been
| tne subject of discussion. AS early as
1899 Thaddeus Hyatt was summoned to
appear before select committee of the
Senate which was engaged in investigat-
| ing the Harpere Ferry raid in Virginia
On appearing before the bar of the Sem
ate, Hyatt challenged the power of the
senate to conduct the Investigation. His
| challense was oveTruled and he was
committed. On the day when it was
| ordered that he should be released from
nus confinement, Senator Sumner OF
Massachusetts engaged the attention OF
The Senate i'll a brief but commanding
| statement regarding its powers. Among
| other things, no said: i
| Strictly speaking, the Senate has
| no general inquiSitorial powers. 1t has
judicial powers in three cases under the
ments; second, to judge the elections
returns and qualifications of it's mem
| hers; third, to impeach its members for
oisorueriy behavior and with the con-
currence OF two-thirds expel them. In
| the execution of these powers the Sell
! ate has the attributes of a court and,
| according to established precedents, it
may summon witnesses and compel their
testimony; although it may we'll be
| TO the execution Of this power.
Two Other Caves Cited.
| Besides these three cases, ex-
pressiy named in the Constitution,
| there are two others where il has
| already undertaken to exercise Judi
cial powers, not by virtue OF express
ed words. but in seif-defense: First,
| with regard TO the conduct of its
4 SeFvanta tG y@Vt
when its privileges have been vio-
! lated, as in the case of William Du-
ana, by a libel or in the case of
Mussnt, by stealing and divulging a
sssy ssesdy while stu under the seal OF
| these two classes of cases are not
I sustained by the text of the Constj-
tuition; but. IL sustained at all, il
must be by that principle of uni
vesSa , Junsprudence and Also nat
whether natural or artificial, the
right to protect its own existence
| furtter on In his admirable state
menf, Senator Sumner said:
:. Know 1t is said that this power
! is necessary in aid of legislation. |
deny the necessity. Convenient at
times 1t may be, but necessary never.
We do not drag the members OF the
! cabinet or the President to testify
before committee IN aid Of LEGISLATION
and / say without hesitation that
they can claim no immunity which
does not apply equally to the hum
blest cittzen. Mr.. Hyatt and Mr.. San
porn have rights as ample as IL they
were ofiiceholders.
Saw Menace in Procedure.
Such a power as this-which
without sanction of law and merely
at the will of a partisan majority
may be employed to ransack the most
distant states and to drag citizens
before the Senate all the way from
Wisconsin or South Carolina-mav be
convenient and to certain persons
may seem to be necessary. An al
legged necessity as authority well may
be the apology for wrong.
TO aid q committee of this body
merely in Legislative purpose, a
citizen guilty of no crime, charged
; with no onense, presumed to be inno-
cent, honored and beloved in his
neighborhood, may be seized, hand
| cuffed. kidnapped and dragged away
from his home. carried across state
lines and then thrown into Jail The
mere statement of the case shows the
dangerous absurdity OF such a
claim"
The statement reviews the doubts
which Congress itself has had con-
corning the practice of compelling the
attendance of witnesses.
Committees of the House and Sen
ate, moving along in the paths of
general review" charges the state
ment, have from time to time
claimed and exercised the authority
to summon and compel tho attend
ance of witnesses with books, papers
and documents. but this practice has
not received the sanction OF the courts
| as justified under tho Constitution
| and has developed rather because
there was no method OF review than
because Of any inherent soundneSs." :"
Daug ugherty were In progress before .
House committee about the time.
| He (Smith) said it would be all
right in the Senate" Miss Stfnson
did he fear Mr.. Dsngherty?" SEN
ator Jones asked.
"On the last Friday before his
death, Mr.. Daughefty was with Jess
| at the shack" Miss Stinson went on.
"Jess had been going around with his
head down. and I'd tried to get him
Strengthened up. asked IL every
| thing had been straightened out, and
he said yes. He looked like his old
SELF
Row With Dausherty.
Miss Stinson wept, but continued:
+ Mr.. Daugherty had been asleep,
| but Jess aroused him. and he blew
| up, swore and Jess called for his car
and left. Jess onme right into town
| and bought his gun-hs'd made his
decision. That was why he could
| walk straight.
Smith told the hardware store
clerk he was buying the gun for tho
Attorney General she said.
Had he ever used a gun in his
10. -, Canator Wh >eIer a~ked
He had q horror Of guns all his
life"
did Nal Daugherty tell you any
| thing about wounds on the body?"