Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-02-13
STEWART ATTACKS
ARREST BY SENATE
DoEe Without Power, Says
Brief-DeIay Seen in
Bond Quiz.

ny tue As~O' tftrb tTess
Counsel for Robert w Stewart, chair
man OF the Standard Oil Co Of In
diana, today submitted TO the District
OF Columbia Supreme Court a 74-page
brief in support of Stewards effort 70
make permanent writ OF habeas
corpus freeing him from arrest by the
Senate for refusing to answer questions
asked by the oil committee
The brief. submitted By Jesse C
Adkins, Washington attorney, contend
ed the Senate was without power to ar
rest Stewart when he was at that time
before Senate committee and under
subpoena. Adkins argued that the
power OF the Senate was no greater
than that Of court, and commended
that In court ii refusal 10 answer was
Ii-Iotnded the only allowable procedure
was to order the witness to answer the
questions and then punish him II he
refused
Judicial Functions.
The Senate resolution. the brie! sair
does not call for information essential
for the exercise Of the power of leSis-
iation, but is an attempt at exerc.s-
ing a judicial function beyond tine
powers OF the Senate, and authorizes an
inquiry into the private affairs Of H.
dlviduals."
The power Of the Senate to compel
a private individual to appear and tes-
thy Is confined 10 cases where the In.
formation Is essential to enable the
Senate efficiently to exercise a iegisia-
tive junction and YES not include the
right 10 make general inquiry" the
oriei contended. II was argued that
nc r0G
public interest asked him and refused
TO reply TO only those that dealt with
private and personal matters, the an
swers TO which in no way could fur
nish information essential to the eff
ficient performance Of any legislative
function Of the Senate"
The petitioner" said the brief. was
arrested solely for the purpose Of Sc
curing his attendance as witness be-
fore the Senate. Until q witness has
been duly subpoenaed and has refused
TO attend. there Is no authority in the
courts 10 attach him 10 secure his at
tendance"
After citing what II said would ce the
procedure in court Stewards petition
continued:
The power asserted and exercised by
the Senate III this case Is unnecessary
and is arbitrary and all INVASION of the
constitutional right not 10 be
deprived OF his liberty without due
process Of law"
Evidence Nearly In.
We respectfully submit" the peti.
ton concluoeS "tnat II clearly appears
that petitioner has answered every
question put 10 him by the Senate COM
mittee, the answers 10 which could
throw any possible lisht ulNnn the mat
terS OF pubic interest, His testimony
shows that lie knows nothing about any
Illegal. dishonest or dishonorahls use o,
the bonds at one time belonging 10 the
Continental Trading Co"
The Government mas about completed
The task OF laying before the Federal
grand jury facts concerning The refusal
vi Stewart TO answer the questions
All that remained To be done Is TO
place before the Jury documents con-
corning the naval oil leases. executive
orders concerning them. q witness sr,n
the Interior Department 20 establish
facts Of the leases and 10 hear ] J.
McOrain. deputy serGeant-at-arms Of
the Senate
Sees Delay In BOnd Trial.
United States Attorney Gordon said
To-Day II would take several DAYS 20 nrr-
pare eli Indictment II the grand lury
acted WV
A new bunch of Suepcenas Was prc-
pared today by the committee tor scr,-
Ice on otnciais and employees of the
New York prukerase nrm vi Potter &
Go. who are 10 be here when the TEA
pot Dome Investigation Is resumed
Thursday
The immediate purpose M the ex-
animation Of these witnesses Is ID trace
5000 In Liberty bonds which Harry
r, Sinclair, lessee W Teapot Dune
turned over IL the Republican national
cVmmitsee In 1923 to assist In makins
up the deficit after the Harding cam
na,sn In 1870
VIII h HAYS. former chairman ut
that committee. who solicited the CON-
tfibution from Sinclair. win BE- called
before the committee after the brokers
and their records have been examined
HAYS testified betore the committee IN
1924 that he asked sinclair and mum
her Of other men IL help wipe out the
defiett and that the oil operator gave
STa, 900.
HAYS. now head Of the Motion Pic
turc Producers and Distributors Assn
ciatiun M a telegram To the committee
from Hollywood. Calf, saturday night,
said that while he had na knowledge
Ut the Continental Go, or the dtstrihu~
tion NJ any ei It's prnsits IN Liberty
bonds. he gladly would appear eetese
IT II nNited,