Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-05
BLEASE' REF USAL
TO TAKE SUBPOENA
REPORTED TO COURT
Whatever Action Is Deemed
Proper Is Desired, Burkin-
shaw Points Out.
SENATOR CITES IMMUNITY
GIVEN BY CONSTITUTION
Points to Mcpherson Probe and
Says He Expects Little of Same
Body in Scrivener Inquiry.

An extraordinary report of the grand
jury investigating the death of Detec-
tive Sergt. Arthur B. Scrivener, reveal
ing that Senator Blease, Democrat, of
South Carolina had failed to obey a
subpoena to appear before the body,
was taken under consideration today by
Justice Peyton Gordon of the District
Supreme Court.
The report declared that the grand
jury desired the court to take such &C
ton as it deemed proper. Justice Cor
don told the jurors this was the first
time such matter ever had been
brought to his attention. He added that
his recollection was that the ConStitu-
tion provides that no Senator or Repre-
sentative may be arrested while Con-
gress is in session except for treason, a
felony or breach of peace. In conclusion
the justice said he would take the mat
ter under consideration and advise the
grand jury later concerning the courts
opinion.
Justice Gordon made no reference to-
any possibility of advising the grand
jury of his ruling today. Immediately
oAtCA lACaILiS GllS SIdilo jury report ne
retired to his chambers for a confer
ence with Neil BurkinShaw, assistant
United States attorney, who prepared
the grand jury's report.
Grand Jury's Report.
The report follows:
ITO the chief justice and associate
justices of the Supreme Court of the
District of Columbia:
THE grand jury of the Supreme
Court of the District of Columbia for
October term, AID. 1929, begs to report
to the court as follows:
Upon information coming to the at
Lention of the grand jury of the Dis
trict of Columbia that Hon. Coleman
L. Blease, United States Senator from
the State of South Carolina had GER
tain knowledge with regard to the
facts and circumstances relating to the
death of Detective Sergt. Arthur B.
Scrivener, on October Is, 1926, the
grand jury directed the issuance of
subpoena on December 4, 1929, COM
manding the said Hon. Coleman L.
Blease to appear before the grand jury
al 10 am. on December S, 1929.
THAT said subpoena was issued in
due course and served personally upon
the said Hon. Coleman L. Blease in
the City of Washington, on December
4, 1929, by Deputy Marshal j. j. Clark
son.
"That the said Hon. Coleman L.
Blease did not appear before the grand
jury of the District of Columbia on De-
cember S, 1929, at 10 am, as COM
manded by such subpoena and has not
up to the time of the filing of this re-
port so appeared.
Wherefore, the grand jury of the
District of Columbia for the october
term, AID. 1929, reports the facts afore-
said to the honorable court for such
action as the court may deem lawful
and proper in the premises.
For the grand jury,
JAMES N. FITZPATRICK, Jr.,
Foreman of the Grand Jury"
Knew of No Exemption.
AS far back as 1900 Justice Chase of
the United States Supreme Court, sit
ting on an appellate bench in Pennsyl-
Vania, decided that he knew Of no eX-
emption to members Of Congress from
the requirement to appear as witness
in court. Justice Daniel Thew Wright,
IN the District Supreme Court in 1910,
issued a ruling mandamus against Sen
ator Reed Smoot ard his associates on
the joint commmittee on printing,
when they had refused to answer a suit
brought against them, in which he de-
clared that Senators, unless they claim
ed to be. immune from The law, should
not fail to answer the orderly processes
of the court and pointed out that such
peremptory orders were frequently is
sued against judicial tribunals and 'ex-
ecutive officers.
The refusal of Senator Blease to an
sWer the subpoena was only made
known this morning while other wit
nesSeS continued to go before the grand
jury which is investigating the shooting
to death three years ago of Detective
Sergt. Arthur Scrivener.
Taking the floor as soon as the Sen
ate met today, Senator Blease said:
Yesterday afternoon 1 was served by
| young gentleman, who said he was a
| marshal from the Supreme Court, with
Continued on Page 2, Column ~