Evening star., 1928-11-23
ABUSE Of STEWART
DENIED BY WALSH
Senator Cites Errors in
Stars Account of Contempt
CaSe-CorreCtion Made.

To the Editor of The Star:
In your issue of November 81 ap-
peared an article entitled Stewart Ac-
uuittal Ends Long Series" in which,
after referring to the arrest Of Stewart
for contempt of the Senate and his
temporary release on a writ of habeas
corpus. occurs the following paragraph:
1.-THE legal move stunned the Senate
for the time being and released storm
of abuse that was heaped upon the oil
mans head by Senator Walsh or Mon
tana and Senator Hef1in Of Alabama
and others who were clamoring Tor his
punishment"
I need not say to you that the para
graph quoted is offensive in a. high de-
gree and particularly so as there is lot
the fainteSt justification for the accISa-
ton.
The record discloses that on the oc-
casion referred to / made no comment
whatever on the conduct of Col. Stew
art. At its direction l submitted re-
port of the committee in the nature OF
an extract. from its proceedings, snow
ing the refusal of Stewart to testify and
a resolution directing his arrest by the
serreant-at-arms for contempt of the
Senate. On the following day, on sub
mitting a resolution providing for the
EMPLOYMENT of counsel to represent the
Senate in the proceedings, the follow
ing occurred:
''Mr. King-I just came into the
chamber and I was wondering whether
the, last resolution which the Senator
offered contemplates the abandonment
of any policy of procedure which would
bring Mr.. Stewart before the Senate2
"Mr. Walsh of Montana-Not at all.
I am very glad that question has been
asked.
"Mr. King-It looks as though it
might be inconsistent.
mfr. Walsh of Montana--Not at all.
Under the procedure which was con-
templated, should Col. Stewart appear
here he would be relieved from the
custody of the Senate at any time he
would signify a willingness to answer
the questions which were propounded
to him. Thereupon the power of the
Senate Is gone; We could not hold him
for a moment.
"But, Mr.. President, this is an
offense, a grave offense, punishable by
irnprisonnient. think that the time
has come when the dignity OF the SEN
ate of the United States ought to be
recognized and it ought to be appre-
ciated that it. is no trihing affair to
Sssd
recuSant witness may stand. / am not
content at all to excuse Col. Stewart If
he should now agree to testify. His
offense is properly punishable. as was
the offense of Mr.. Harry F. Sinclair who
was sentenced to go days in the COM
mon Jail" Congressional Record, Feb
ruary 4, 1928, page 2468).
The particular above referred to Is
not the only one in respect to which
the brief paragraph departs from the
truth. 1.-The legal move" referred 10
stunned" neither the Senate nor any
member of it. 1t was, of course, antici-
pated by all, as would be anticipated
by any one In the slightest degree
familiar with legal procedure. The
course pursued followed exactly that
taken by Sinclair when he found him.
self in a similar situation.
The article referred to gives evidence
of some familiarity on the part OF the
writer with judicial proceedings, who
consequently must have known that the
resort to the writ of habeas corpus by
Stewart occasioned surprise to no mem
Der of the Senate. His offenSe is ag-
gravated by coupling my name with
that of Senator Hefiin in his scurrilous
comment. 1. j. WALSH.
Editors note.-The Star publishes
the above letter from Senator Walsh
as the most effective possible
presentation of the facts in the
case. On the question as to whether
abuse was heaped on Col. Stewards
head by Senator Walsh, The, Star
was entirely in error, The record
discloses no justification for such
phrase and The Star deeply regrets
its employment in its columns.