Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-06-28

whom subpoenas were served were to
appear before the committee. this
afternoon at o'clock
Challenging the judgment of the
committee In serving subpoenas on
but five Of more than 100 coal mer-
chants in the District Of Columbia,
Mr.. Whiteford asked why a repre-
sentative group of coal dealers had
not been subpoenaed, and declared
the reason for the investigation itself
Is particularly obscure when no one
In the community has made any pro
test or any charges respecting the
coal prices" He said testimony al
ready taken by the company shows
a sudden increase on West Virginia
coal OF SO ton during the strike
and added that ut might be wiser
to summons the operators in West
Virginia rather than the local dealers.
Detailing a list of books and records
which the subpoena commands the
merchants to produce Mr.. Whiteford
said none Of the merchants keep all
of the records called for.
Questions Unusual Haste"
books for a period of 10 years Ger.
subpoenas were served on Thursday
and Friday of last week requesting
this information by o'clock on Mon
day. Why the unusual haste?'
MIR. Whiteford challenged the au.
thority of the Senate committee TO
employ auditors from the office of the
controller general to go over the
books of the coal merchants. 1T is
undoubtedly true" he said. that EN-
ployes in the controller generals of
fee have no authority to use the Gov
ernment's time for work of this sort.
and the committee in employing him
is violating the statute passed in 1921
designating the kind of investiga tons
and reports which should be made by
the controller. general" II. A. A.
Smith of the controller generals of
flee was designated TO go over the
books His testimony, according to
Mr. Whiteford, furnished no basis
from which he could say that there
was any profiteering in coal in the
District of Columbia LAS a matter
OF fact, some of them showed d loss
and others showed profit SO small
in comparison with the sales as to
be almost negligible" Mr.. Whiteford
declared
E1OIOS BUSINESS KtdIuIDtfeU.
The Washington coal merchants.
Mr.. Whiteford said, made sincere
effort" to comply with the several re-
quests for statements of the Senate
committee and spent more than
thousand dollars of their own money
to prepare these statements 'in addi-
ton to the Interference with their
business caused by the assistance that
their employees were given to the audi
tor"
1T is to be regretted" he added,
that the Senate committee either did
not understand what it wanted when
it agreed that it desired profit and
loss statment of these dealers. or hav-
ing agreed to it, some members there
Of were disappointed when these state
ments conclusively proved the falsity
Of reckless charges heretofore made
with reference to the coal merchants
of Washington"
ITO produce the books and records
called for in the subpoena and leave
them with the committee for eXami
nation" he continued, would prevent
the firms subpoenaed from doing
business, as the subpoena calls for all
the books and records of the company
and these they must have in order to
continue in business. The subpoena
further requires my clients to prepare
Statements. accounts and records and
books that they do not have and never
have kept. The committee has not
the authority to impose such an ex-
pense on the parties subpoenaed. The
subpoena alleges that this is neces-
sary with a view to acertaining and
reporting to the Senate what add.
tonal legislation, if any. may be
proper or necessary, said inquiry
being in pursuance of Senate resolu-
tons Nos. 1873 and 1877. find nothing
In these resolutions with respect to
additional legislation concerning the
fuel situation in the District of Column
bia.. Even If this were true, there is
already ample testimony in the
record Of the hearing already taken
before the committee to enable the
Senate to act with respect to the fuel
situation in the District of Columbia,
II, indeed, it has any jurisdiction or
authority so to do.
Deny Senate's Power.
MY clients further deny any power
or authority in the Senate or any of
its committees to compel testimony
or the production of documents when
acting in its legislative capacity. My
clients further assert that such a de-
mand on the part Of the committee is
a deprivation of the constitutional
rights against unreasonable search
and seizure and the taking of their
property without due process of law.
1t is q forcible intrusion into their pri-
vate affairs and papers without judi
cial process or In the course of judi
cial proceedings, which is contrary to
the principles Of a free government
and is abhorrent to the instincts of
every American"
Chairman Capper of the Senate Dis
trict committee said today the COM
mittee has not decided in advance of
the meeting what its next move would
be should the dealers fail to comply
with the subpoena.
He stated that the committee as
sumed the subpoenas would be an