The Kennewick courier-reporter. [volume] (Kennewick, Wash.) 1914-1938, 1927-10-20
COVERNOR OR
THE COURTS
Matter will Probably be
Left to People to
Determine

Recent QeSSioPhiShtS III Ile uiSu-
wav fight, featured by the jailing
Engineer Samuel Humes for
sontempt of the supreme court,
.sst foreboding shadows to disturb
shoughtful persons. 1t is obvious
hat Washington is facing a SER
;Ous conflict between the execu-
tive and judicial branches of it's
government; a clash that, if per-
mitted to reach it's limits, will GER
tainly develop more grave conse-
ouences than the frequent tests of
authority between the executive
and legislative branches. In fact,
Governor Hartley and the supreme
court are already in conflict.
This fight may fade or collapse
suddenly, but it seems that it has
already gone too far to be dropped
gracefully and there is a growing
prospect for continuance until sub
mitted to the Judgment of the peo-
pie at the polls. Therefore, it
seems that the people should stu
dy the facts the contentious from
the beginning; and this reporter,
with hope for impartiality, con-
tributes. the following points and
conflicting claims toward clear
er popular understanding:
Early in May, it will be recalled
the state highway committee was
reorganized, Auditor Clausen and
1 Treasurer Potts, acting as the ma
jority, deposed Governor Hartley
as chairman and replaced Mr..
Humes with new secretary. The
records were retained by Mr..
Humes. while the governor order
ed Director Gardner of the depart
ment of efficiency to make an in
vestigation of the records.
Shortly afterwards the supreme
court ruled that the majority was
entitled to control the committee.
little later Chief Justice Macin-
tosh issued an order on Mr.. Humes
to deliver the records to Mr.. Clau-
sen. the chairman. The order was
disregarded and Attorney General
Dunbar appealed to the court and
the engineer was cited for con-
tempt.
The governors private attorn-
eys, defending Mr.. Humes, claim
ed that he could not deliver the
records because they were in the
custody of Mr.. Gardner for inyest-
igation. Moreover, they argued the
Investigation had already disclosed
Irregularities" in the handling of
road funds; emphasizing that more
than $70,000,000 had been spent
without an official audit. of the
books and accounts.
The attorney general held that
the main issue was the disregard
Of the courts order; and that sue
cessful defiance of the court, no
matter by whom, would cheaper
and destroy the judicial branch of
government. 1t was suggested that
the records should be surrendered
to comply with the courts man
date, and that Mr.. Gardner could
then Immediately repossess' the
records for investigation.
Saturday morning, with the nine
justices in unity, the supreme
court ruled that Mr.. Humes was
In contempt of court; that COM
pliance with court mandates was
essential to the preservation of
government, and Mr.. Humes should
De committed to jail until he gave
up the records. He went to Jail
Saturday, ending his fourth day OF
confinement as this is being writ
ten. The records, at this time, are
still in Mr.. Gardner's possession.
Up to this time the governor has
made no attempt to free Mr.
Humes. So far as the supreme
court is concerned, he can be freed
properly only by the surrender of
the records. Some doubt exists as
to whether the pardoning power is
So inclusive that it can be used to
Tree Mr.. Humes, and it is obvious
that pardon, if effective without
delivery of the records, would put
Mr. Hartley in the position of as
suming full responsibility for null
ilfying the order of the supreme
court. Anyway, Mr.. Humes is in
1ail and facing the prospect of a
long stay.
Now comes the danger of sec
ond phase, showing, first of all,
mat the Imprisonment of Mr..
humes is merely a momentary dis
traction. either as martyr" or
as a "goat." The indications are
mat the majority of the highway
committee will claim that the rec
oros, especially the ncinute books,
are necessary for the conduct of
ousiness-that. in the absence of
current accounts, the committee is
"a danger Of violating the Consti-
.uuon by obligating more money
.nan is in the treasury. That would
mean suspension of business by
Ie committee, once again stopping
we road program.
once the committee stops busi-
ssss. the attorney general will be
aqulred to act. Mr.. Dunbar would
souDtless call upon the supreme
SUuft to I,,,.~i H.. 80 4I,o