Evening star., 1924-04-12
INDICTMENT Is INVALID,
SINCLAIR SAYS, ASKING
COURT FOR DISMISSAL
tcontinued from First Page. }

| ttous TeCiISu IN SalO Indictment, upon
| the authority of which the commit
! tee. of the Senate purported to be
| acting at the time it is alleged the
| defendant refusd to- answer the. sew
| eral questions in said indictments
| enumerated, had been superseded, and
| abrogated by virtue of the provisions
| of Senate joint resolution No. 81,
passed by the Congress OF the United
| States prior to the time when IL is
| alleged the defendant refused to an
| swer the several questions propound-
! ed to him, as in said Indictment
| alleged. and that in and by said SEN
ate joint resolution No. 81, Congress
| had fully legislated upon the subject
matter. to which said questions may
| have been pertinent, as embraced
within the said resolutions under
| which the said committee OF the sen
/ ate was then purporting to act.
J Cites Judicial Powers.
| "3. That the judicial powers confer
| red by the Constitution upon the SEN
ate of the United States, as distin-
guished from it's political and diplo-
| matte powers, are: (a) That the SEN
| ate may try inpeachments; 90 may
! decide cases of contested elections
| thereto: (c) may determine the quail
| fications of its members. Id may
| punish its members for disorderly be-
hayior or for failure to attend It's Ses-
SionS, and (e) by a tWo-thlrds Note
may expel a member; that the sald
| Indictment does not aver facts show
| ing that the inquiry mentioned there,
| In was being conducted by the salu
committee of the Senate i'll pursuance
! of any of the foregoing powers con-
! fcrred upon il and in consequence
| thereof the committee OF the senate
was without power or authority 10
require the defendant to answer the
questions propounded to him, or any
! one of them, and his refusal SO to an
| Swer does not constitute violation
of any law of the United states,
a. The Senate of the United States,
as to all matters where, by the Con-
stitution of the United States, II IS en-
dowed with and empowered to eSer-
! else judicial functions, as distinguish
/ ed from political and diplomatic pow
| erS, which under the Constitution II
may exercise, is a tribunal OF limited
| ard specifically defined jurisdiction,
and in determining the question of
| the power of jurisdiction of the Sen
ate to exercise any judicial functions,
! or do any act under it's alleged judicial
powers, no presumptions arise in ia
vOr of its Jurisiction to do such act
or Ia exercise such power, but, on the
contrary, the indictment must aver facts
showing every requisite for the confer
ment oi such judicial jurisdiction.
Holds Documents InvioIatc.
-. Although it may be within the
power and jurisdiction of a commit
! tee OF the Senate to conduct an in
vestigation under a resolution of the
Senate. having for its object the Sc
curing of Information for the use of
the Senate in aid of its Legislative
powers. as distinguished from the
! limited judicial powers by the Con
Stitution conferred upon the Senate,
nevertheless, neither the Senate nor A
committee of it's creation has any
! legal authority to demand of and
from a witness. Subpoenaed to give
| testimony before such committee 50
authorized and engaged, the surren-
der to said committee or exhibit to
it of any of his books, papers or
documents, nor is he required to dis
close any information concerning his
private affairs or business.
'6. Even though the committee of
the Senate has conferred upon it au-
thority to make an investigation
! having for its object the securing of
, informal ton for the use of the SEN
ate in aid of its Legislative powers.
nevertheless ii must affirmatively ap-
pear that the said investigation is
ordered, and has for its object the
aid of the Senate in adopting leg
lstatlon pending or to be pending be-
! fore the Senate, and that the ques-
! tions propounded to the witness were
pertine mt to such investigation and
/ the indictment fails to allege facts
| showing that the authority from the
Senate, under which the committee
was acting when the questions men
toned in the indictment were pro-
pounded to the Witness had for its
aim or object any such purpose as
| that aforesaid. and that the question
which, IL is charged, the witness de-
cIlned to answer, were pertinent to
such investigation.
Says Rights Were Not Shown,
| az. The resolution under which the
committee named in the indictment
acted in subpoenaing the defendant.
and in propounding the questions
which the accused failed to answer,
| fails to show that the committee was
acting by virtue of any authority con-
ferred by the Constitution upon the
Senate, either expressly or by inpli-
cation. and the indictment fails to al
! lege facts showing that the said in
VeStlgation was ordered for, or had as
| its object, the aid of the Senate in
framing or adopting legislation, but,
J on the contrary, shows that the said
committee was not authorized to
/ make or conduct any inquiry touch
ing any matter embraced in any OF
the questions set out in said indict-s
ment, and wholly fails to show that
the said inquiry looked to, or had as
it's object, the aid of the Senate In
framing or adopting any legislation
wha tSoever
IS The Senate, by reason Of the
! foregoing principles limiting its ju-
dicial jurisdiction, and. moreover, by
reason of the proVi"3rns Of the fourth
and fifth amendn : ~ the ConSti-
tuition of the United states. making
the people to be secure in their per-
sons, houses, papers and effects
against unreasonable searches and
seizures, and protecting them against
being required to DE Witnesses
the other established principles Of
the laws and government of the
United States protective of the rights
of the citizens, has no power or juris-
diction to demand of any citizen sub
poenaed to give testimony before on.
of its committees the surrender. ex-
hibition or disclosure of any M the
private papers, documents or business
of the citizen, otherwise than in the
course of judicial proceedings, OF in
a direct suit prosecuted for that pur-
pose, and, therefore, since the COM
mittee was not authorized by the
Senate to enter upony make or decide
any of the distinct and specific judi
cial questions as to which, by the
Constitution, authority is conferred
upon 1t, or to make any investigation
for the purpose of aiding the Senate
I in legislation, it was without Juris-
diction or power to PROFOUND, and
had no authority to require, answers
to any of the questions set forth in
the indictment, such as those which
the accused declined to answer touch
ing his private and confidential busi-
ness, and his refusal to answer said
questions, or any one of them, was
not and is not an offense against the
provisions of section 102 of the Re
yised Statutes, or against any other
law of the United States.
Calls Indictment Faulty.
"9. That the indictment wholly
fails to aver facts making it appear
upon the face of said Indictment that
the questions propounded to the de-
fendant when appearing as n witness
before the Senate committee, or the
do Of l,i,f, fo nrDdnn