New Britain herald., 1928-02-07
Judge to Decide Xhstha Santa hls PoVd to Fofce AKvds
 h felpd Dons Inqail!
LATTER FOUGHT OUT IN
 DISTRICT SUPREIE COURT
Congressional Body's Committee
 Aaks Dismissal Of Writ While
 Standard OH Chairman Requests It bs Cpheld-Wickersham De- scrihes Coatincntal on Deal to Court as "Slimy."

Washington, Feb. ! (uP)-Jus- tice Jennings Bailey took under ad- visement in District of Columbia su- preme court today the question of the United States senate's right to compel Colonel Robert w. Stewart to answer questions put to him by ita Teapot Dome committee.
 Challenges Power
 Stewart. chairman of the board of the Standard Oil company, formally challenged the senate's power to re- quire him to testify concerning dis posal of $3,000,00o in Liberty bond profits of the Continental Trading company.
 The senate counsel maintained it had such power and asked dis missal of 2 habeas corpus writ on which Stewart was freed last Satur- day. It was on this motion that Jus tice Bailey reserved decision. George Wlckershaw. for the senate, de- scribed the Continental oil deal as "slimy."
 File Brief
 
 Justice Bailey gave Stewards at- torneys until next Monday to file . brief on the point of law involved, and the senate through Wickersham was given until the following Fri day to file q reply. The decision thua will not be made probably for at least two weeks and perhaps longer. during which time Stewart will re- tain his freedom on $1.0O0 bond. Petition Filed
 Senate Sergeant at Arms David Barry. Deputy John J. McQrain and U,iA Attorney Peyton Gordon nled . petition with Justice Jenninss Bailey for dismissal of the writ ot habeas corpus on which Stewart obtained his freedom last Saturday Stewart had been arrested Friday under . senate warrant, and held a prisoner in his Hotel Willard suite because of his refusal to an- swer questions about the Continental Oil deal put by the senate Teapot Dome investigators.
 The petition was filed just before court opened for hearing on Stew arts attempt to have the habeal corpus writ made permanent, free ing him from senate custody. It re- cited that Stewart had obtained 6 writ, that Barry and McGrain were Stewart was arrested by them and that the warrant was iasued in con- nection with the new senate Teapot Dome investigation.
 Copies of the resolutions empow- ering . senate committee to make this and the previous Dome investf- gations were cited to show the sen ate's authority.
 wherefore the respondents pray" said the petition, "that the writ of habeas corpus be discharged tho petition dismissed and the peti- tionee be remanded to the custody of the respondents or either oi them under warrant above men toned"
 Fostpones Cases
 Justice Bailey postponed several cases ret for today. and excused 6 jury before U. s. Attorney Peyton Gordon presented former Attorney General George w. Wickersham representing the senate.
 Stewart. with his graying hair sleekly combed, came into court and smiled at . few friends. About 100 tried to get into the little court room but only about 90 or 10 were admitted after reporters had been seated.
 Three Counts
 Jesse C. Adkins. head of the Dis. trict Of Columbia Bar association,
 (Con:tnued ou Paee ID