Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-02-05
SENATE WILL FIGHT
STEWART IN COURT
HEARING, TUESDAY
Continued from First Page)


The bonds are nov held with coupons
intact in the treasury OF the pipe line
company, Fitzpatrick said, because
O'Neil had asked that they remain un-
cashed while Harry F.. Sinclair was in
difficulties with the Federal authorities.
With the discovery Of this $500, 900 Of
the Continental Liberty bonds the COM
mittee now knows what became Of ST.
OBJ 900 Of the S3,000,000 In profits the
Continental made by selling oil at an
advance Of Is cents a barrel 10 the
Prairie Gas and the Sinclair Crude Oil
Purchasing Co. The other s233.000
passed from Sinclair 70 Albert 3. Fall
after the lease Of Teapot Dome.
While the committee was hearing this
story from Fitzpatrick, Stewart had
surrounded himself in his hotel suite
with a battery Of legal advisers. He
had spent the night in the custody Of
a deputy sergeant-atarns OF the SEN
ate after his arrest BY direction OF the
Senate By unanimous resolution late
FRIDAY.
The decision to seek a writ Of habeas
corpus vas reached with barely time
Tor its execution before the Senate met
at noon. The court was in recess over
the week end. but attorneys located
Justice Bailey and promptly laid their
applcati0n before nln-
Charges Personal Probe.
Stewart. through his counsel. assert
I'd that the questions at issue were not
pertinent TO any legislation which Con-
2ress must pass. that they constituted
an attempt to investigate personal az
fairs Of citizens of the United States.
that they were not within the iurisdic-
ton Of the Senate under the resolution
empowering the oil investigating COM
mittee 20 act
He also contended that the procedure
violated the Constitution, especially the
fourth and fifth amendments. and mar
tlculariy the provision that no person
shall be deprived Of life. liberty or
oroperty without due process OF Law.
The writ was issued forthwith and a
deputy marshal served it upon John
McGrain. the Senate deputy standing
guard over the oil operator. McGrain
immediately surrendered his prisoner
VINO was taken at once before Justice
Bailey. who fixed Tuesday for the hear
ing ano admitted Stewart TO bond.
Senate Ready to Act.
While the court was acting, Senate
ofhc!als had completed their plans for
receiving Stewart. who was 70 have
oeen marched 70 the bar for such puni.
tive action as might be decreed should
ne reitera:e his refusal to testify.
metropolitan police had augmented
the Capitol force and guarded the lanes
through the Capitol Grounds to the
senate wing over which Stewart was
scheduled 10 pass. Photographe-s. xitr
flashlights ready. we're banked around
the entrance where the oil man wa
expected
In the Senate chamber, members
with committee WORK abandoned. wsrs
IN their seats and a triple fringe 0.
members OF the House and Senate of.
tcials was ranked ebou: the walls
The galleries had long been chokec
with spectators.
But ali were doomed TO dssappcirt.
nient. As the gsvel OF Vice Presicent
Dawes opened the session. Davis S
Barry, the sergeant alarms. appeared
| at the main entrance doors, without
his prisoner.
Mr.. President" said Barry. Acting
under instructions OF warrant issued
20 the sergeant -at-arms by the Presi.
dent of the Senate. Robert W. Stewart
was taken into custody Of the Senate
He has applied for and obtained a wri
of habeas corpus which Is retGrnah,s
Tuesday. February :"
Throngs Disappointed.
A sigh OF disappointment ran through
the galleries and evidences Of resent.
naeni were rejected In the scowis O.
numerous Senator'S, some OF whom sub.
secuently voiced their indignation
Walsh. Democrat. OF Montana. relent.
:esS prosecutor through the years o. ths
oil investigation had been fo-swarrec
OF Stewards temporary escape from
Senate authority and was ready 10 n,ee'
that issue.
He was On his feet before Barry CON.
pieted his report offering nrSs ~cSsiu-
ton empowering the oil committee &c
employ special counsel II the haheas
corpus proceedings Tuesday ana then q
resolution <directinS Vice PreS,GSG.
Dawes 10 certify 10 United States Alton
ney Gordon the record IN the contempt
case Of the Senate against Stewart fer
appropriate action by that ofscer."
The first resolution wen, through
committee routine before lis adoptial,
but the second was approved imuedi.
ately without vote
As Walsh sat down. Hehin. Democrat
q! Alabama. obtained recognition, oQ,
Welded 20 King. Democrat Of U,sh wnr
asked the committee prosecutor il his
resolution referring Stewards case q
the court contemplated the abandon
ment OF any policy Of pp>ce0ure which
would bring Mr., Stewart b. fore the
Senate"
Wants Dignity Upheld.
Not ut all" Walsh replied Under
the procedure which was coutsrlplateSs,
should Col, Stewart appear here ne
would be relieved nom the CUSTODY ef
( SN0AfA . Ex,,as ~ u
a Willingness 10 answer the QueSt:csls
which were propounded 70 him. There
upon the power 81 the Senate Is Sons
we could not hold him for moment,
| But, Mr.. President, this Is an csyerlSr.
grave onense, punishable by imprlSor-
meni, think that the time has eSoy,ss
when the dignity OF the Senate Of the
| United States ouSht 10 be yeSccSnirrSS
and II ought 10 be appreciated tina; l.
Is no triF,,ng affair 10 defy It's authority.
however hssh the rscuSans witness mas
stand am not content ~ all 10
excuse Col. Stewart II he should now
agree 10 testify, HIS odenSe Is prooerly
punishable as was the efgsnSe IL Mr.
Harry r Sinclair who MAS sentenced
20 90 days III the common Sa,i"
casaway, Democrat, az Arkansas, in
CURED II there ever had been ANYTHING
but delay III cases sent by the Senate
down ~ the courts"
sinclair Is cut and they have e<Nea
pretending 90 try contempt case be
fore Judge Siddons since the nsen,>Mv
ot man ranneth not to the contrary ="
he said
IT seems 10 me that anythtux tha,
Is certified down there We m&ht ~
we'll saw Is merely ogf CMr hands ana
that the parties involved are IN IN
danger ot being punished"
Asked by George. Democrat ~
Georgia. why Stswayts case Mas cegEi-