The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1927-01-07

Washington (FP)-Supreme court
justices have a habit of drawing from
leading law colleges the private sec
retaries who aid them in the study
of difficult cases. Because the sal
airy of a secretary for this research
job is small, they generally stay only
a year or two. Then, with the ex-
perience and prestige of having work
ed with a justice of the highest court,
these young lawyers move on to the
practice of their profession or to
teaching in colleges of law.
Justice Brandeis' secretary of last
year was James M. Lands, now an
instructor in Harvard Law school.
During last year the federal supreme
court tried in vain to reach decision
on the Nal Daugherty case-the re-
fusal of Harry Daugherty's brother
to deliver to the Brookhart- Wheeler
investigating committee of the Sen
ate his bank records which would
show what deposits were made to
Harry Daugherty's credit when the
latter was attorney general of the
United States.
Now Lands has an exhaustive dis
cussion of this legal issue, in the
Harvard Law Review. 1t covers 216
| pages, and recites the history of at
tempts made by the executive power
since the beginning of the American
government, to limit the power o.
Congress to make Investigations af.
fecting federal officials and federal
administration. From 1918 to 1926
the Senate made Sc important inves-
LEGATIONS in this field. Hundreds OF
secondary inquiries were undertake
en-. With only one exception, lega
tests of the power of Congress have
upheld its authority.
Yet the court has for more thar
two years-since the decision anC
appeal of District Judge Cochran a
Cincinnati on May 81, 1924-failed Il
render a decision on the right of thu
Senate committee to compel Ma
Daugherty, banker, to show the book.
which record the wealth gained whel
in public office by Harry Daugherty
Judge Cochran held that the Senat,
had no such right. His decision
since the supreme court has let i
stand for this unprecedented length
of time, has been made the basis O.
refusals by coal dealers in the Dis
trict of Columbia to show thei
books to a Senate investigating com
mittee 1t is the excuse for Harr,
Sinclair's immunity against punish
ment for contempt of the Senat
when he refused to answer question
concerning his Teapot Dome OF
lease. 1t was Sam Insults pretex
for refusing to answer questions o
the Reed committee as to his politi
cal expenditures.
Lands says the long line of pre-
cedents shows that Congress has al
ways realized that committees o
inquiry "are necessary in order t.
make government effectively respon
sible to the people" Whether hi
statement reflects the views of hi
former chief will only be disclose
when the members of the court fin
ally vote to report their opinions, ma
jority and minority. The decision i
the lower court in this case, as Ian
: dis points out "elevates executiv
power beyond the reach of responst
bility."
responsibility of the executiv
branch has, of course, more resource
than the negative power of refus;
to testify. 1t has the dangerou
positive power of provoking war an
: of making raids upon the territor
and sovereignty of helpless neigh
bors. Senators and congressman c
the liberal-progressive type hav
been astonished and shocked, more {
/ less, by the Kellogg-Latimer inter
t vention in Nicaragua, which wa
. timed for the day after Congress RI
cessed for the holidays. Latino
known to Congress as the author
the legal opinion sought by Secretar
: DENLY to justify his handing til
, naval oil lands over to Albert Fal
, has been finally called to account a
ter gagging the Sacasa governme1
, and otherwise playing dictator. D,
E malls by Kellogg that a ceasorshi
: existed in the neutral zone" hay
been proved false, and Kellogg hs
finally admitted that Latimer hi
censored all messages to and fro
the liberal territory he seized
This irresponsible raid by kellogg
: and Latimer has created a storm
: Indignation in every Latin-Americs
: legation and embassy in Washingto
1t has done as much harm to Amer
can pretensions to high moral plal
in international affairs as if Il
United States fleet had lombard,
q an Argentine port. Senators al
congressman are pointing to it as
example of executive running-amu
which may lead to a demand for co
stitutional changes to protect t