Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-17
Rights of Congress Commit
tees to Compel Presence
of Witnesses Upheld.
FURTHER ACTION WAITS
CONFERENCE OF LEADERS
Wheeler Doubts Advisability OF
Reviewing Probe, With Bank
Records Destroyed,

! III a ueClSlOIl DlO Coillll IilAlto VIZ
! inquisitorial powers of Congress, the
| Supreme Court today ordered Nal >
| Daugherty of Ohio returned to the
| custody of the Senate sergeant-at-arms
| for such further action as that body
might care to take toward his punish
ment.
| The court found that congressional
committees can compel witnesses to
attend when they are considering leg
islative subjects, and that the investl'
cation of Attorney General Daugherty
in 1924, in which Nal Daugherty re
fused to testify, was such an inquiry
No dissent was announced.
Leaders Consider Action.
Senate leaders will confer before
any further action is taken. Senator
Wheeler of Montana. prosecutor of
the Daugherty investigating commit.
tee, said it might not be considered
advisable to revive the committee
since it had been testified in the con-
spiracy trial of Harry NJ. Daugherty
in New York that the bank records
about which Nal Daugherty was to
testify had been destroyed.
The court did not pass on the culpa-
bility of Daugherty's refusal to pro-
duce his bank books before the Senate
committee, nor did it lay down any
rule which would show whether Harry
r. Sinclair could be punished for his
refusal in 1924 to answer questions
before the Senate oil committee.
The attendance of the witness was
the sole point covered in the decision,
and Sinclair did appear before the oil
committee, although he refused to re-
ply to questions. and now is being
prosecuted for contempt.
Reed Halls Decision.
Reporting the decision to the Senate,
Chairman Reed OF the Senate cam
paign funds committee secured unani-
nous consent to have the full decision
printed in the Record Several wit
nesses have failed 10 give this com
nittee the information it requested
This is a decision of far-reachng
effect" the Missouri Senator said.
1T means that the Senate may pro-
ceed as 1t wishes. within the law,
against Mr.. Daugherty.
Had the decision been otherwise,
the powers of congressional com.
mittees in conducting Investigations
would have been considerably cur.
tailed"
Announcing the Courts Decision
Justice Van Devanter read from
several previous decisions which. he
said, fully substantiated the power of
either house TO conduct investiga-
tions and exact testimony from wit
nesses for legislative purposes
"A legislative body cannot legislate
wisely or effectively in the absence of
information respecting the conditions
which the legislation is intended to
effect or change" the Justice said.
Experience has taught that mere re-
quests for such information often are
unavailing, and also that information
which is volunteered is not always ac-
curate or complete: so some means Of
compulsion are essential.
Still Faces Prosecution.
Neither house. the court added. has
power to invade the private affairs of
individuals, but must contine it's in.
quiries strictly within it's legislative
functions
Discussing whether the Daugherty
investigation was in fact for legisla.
tive purposes. the court said:
1t sufficiently appears, when the
proceedings are rightly interpreted,
that the object of the investigation
and of the effort to secure the witness
testimony was to obtain information
for legislative purposes.
Plainly the subject was one on
which legislation could be had and
would be materially aided by the in
formation which the investigation was
calculated to elicit
The contention is earnestly made
on behalf of the witness that this
power of inquiry. if sustained, may be
abusively and oppressively exerted. If
this be so, it affords no ground for de
nying the power. The same conten-
ton might be directed against the
power to legislate, and, of course.
would be unavailing."
While the Daugherty case originated
during the last Congress, which has
expired, the court pointed out that
the Senate is continuous body, and
that the committee which conducted
the investigation could be revived and
the case prosecuted. It was held that
Nal Daugherty must go before the
Senate for decision as what further
action that body will take to punish
him for refusal to appear as wit
ness.
Sena tor Wheeler, Democrat Mon.
tana, prosecutor of the Daugherty com
mittee, said he would consult with
Senate leaders before determining the
next move.
Reed Outlines Action.
Replying to an inquiry on the Sen
ate floor, Chairman Reed of the cam
paign funds committee indicated that
under today's decision he soon would
ask that those who declined to answer
qustions before his committee be sum-
moned before the bar of the Senate
They included: Samuel insult, the
| public utilities magnate, Chicago;
Robert Wright Chicago negro ward
| leader and member of the Illinois
commerce commission, and Thomas F.
| Cunningham of Philadelphia, Ware
| supporter in Pennsylvania $4,000, 900
| primary last Spring.
! They based their refusal to reply
| to certain inquiries on the ground that
/ the committee was exceeding it's
! authority in that it was seeking to
| inquire into municipal and not sena
| torial contests. More of them refused,
! however, to go before the committee.
Appeal by Government.
The constitutional authority of coN.
gressional committees to subpoena
witnesses and compel their attendance
| long disputed, reached the Supreme
Court in an appeal brought by the
Government in an effort to set aside
an order issued by the Federal district
| Judge for Southern Ohio releasing
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