Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-17
COURT RESTORES
NAL DAUGHERTY TO
SENATE CUSTODY

Continued from First Page.)
Many 3. Daugherty, president OF the
Midland National Bank OF Washing
ton Court House, Ohio, from arrest
upon order of the Senate.
The investigation of the Department
of Justice by special Senate com
mittee. OF which Senator elect Brook
hart of Iowa was chairman and Sena
tor Wheeler of Montana was prose
cutor, had made inquiry into various
stages of the administration of Attor-
ney General Daugherty when the
brother of that official was called 10
| Washington to appear as witness
| and bring with him certain books of
| the bank of which he was president
He refused. and Senators Brookhart
and Wheeler were sent by the com
mittee to Washington Court House
to examine him there.
| Congress Is Challenged.
| The trip was complete failure.
| and upon its return to Washington
| the committee called the facts to the
attention OF the Senate. which passed
/ resolution directing the sergea MT a {.
arms to arrest the recalcitrant wit
1 ness and bring him before the Senate.
/ When arrested Daugherty sued out
! a writ of habeas corpus. and was
/ ordered discharged from custody, the
/ court taking the view that the inves-
| tigatiOn in which the committee had
! been engaged and In which he had
| been called as a witness was outside
| the Jurisdiction of the Senate because
| IL involved the exercise of judicial,
| and not legislative. power.
| When the case came up for hearing
before the Supreme Court. counsel for
| Congress through one of it's commit
| tees to compel the attendance of a
witness except in Impeachment pro-
| ceedings contested election cases, the
expulsion of members and in preserv-
| ing it's right TO function. While COM
mittees in the framing of legislation
could undoubtedly invite witnesses to
appear voluntarily and give informa-
ton. neither house OF Congress could
compel attendance, Daugherty's coun-
sci contended. This must be true, he
insisted, because no power had been
veted in Congress TO issue warrants
and make arrests. Such power was
lodged exclusively in the judiciary, ii
was argued. and the courts would not
compel witnesses to appear before con-
gresSional committees until clearly
shown that the investigation was
within the power of Congress to con-
duct.
Reply OF Government.
The Senate committee was trying,
counsel for Daugherty asserted, to
determine the guilt of the attorney
general, and the investigation was
aimed to arraign him before the bar
of public opinion, with the intention
of forcing his resig nation. 1t was
commended that such an inquiry was
beyond the constitutional powers of
Congress and that the courts should
not permit the sanctitv of the rights
of the citizen to be invaded under
such circumstances. Furthermore a
county court having granted an in
junction, aimed to protect Daugherty
from further arrest, the Supreme
Court should take no action which
would interfere with that order.
The Government replied that Con-
gress would be powerless 10 function
Should the Supreme Court hold that
its committees could not compel the
production of information sought i'm
connection with the discharge of it's
legislative duties. Former Attorney
General George W. Wickersham. ap-
pearing as counsel for the Govern
ment. emphasized that the resolution
directing Daugherty's arrest not only
stated upon it's face that the informa-
ton which the committee was gath
ering was for legislative purposes, but
that II had not been adopted until
after Harry M. Daugherty resigned
az Attorney General. This disposed,
he insisted, of the assertion that the
investigation was solely for the pur.
pose of driving the Attorney General
out of office.
Daugherty's right of protection
against unlawful search and seizure
was not involved in the controversy,
MIR. Wickersham said. nor was his
constitutional right against being COM
PEELED to give testimony which might
tend to incriminate him at issue. 1t
would be time to appeal to the courts
for protection, he suggested, when
such rights were assailed. Daugherty
had refused to recognize the right of
the Senate to arrest him for his re-
fuSal to appear as witness before
one of it's committees. he said, and
this squarely raised the issue whether
a congressional committee could com
pei the attendance of witnesses.
The Government insisted that Con
gress had full and undivided author
ity, without the intervention of the
courts to punish recalcitrants who re-
IuSeu 10 appear III response TO ltS
Subpoenas and to imprison them until
they purged themselves. This applied,
1t was insisted. to the Daugherty case.
The testimony which the Daugherty
committee was gathering was of such
character, Mr.. Wickersham assert
ed, that the courts could not reason
ably assume that Ii would not he
helpful in aiding the Senate to shape
legislation.
Taft Interiects Inquiry.
II had long been established, he
said. that Congress, in control of the
purse strings Of the Government, and
being charged with making the laws,
could investigate any and all depart
ments of the executive branch of the
Gsvess4asa1 the present instance