Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-04-22
'CANNON, IN LETTER,
CHALLENGES NYE
PROBE AUTHORITY
"FunCtions of Grand Jury
Seen in Attempted Inquiry
in Virginia Campaign.
QUESTION IS RAISED
ON BISHOPS HEALTH
Committee Makes Correspondence
Public-Investigation Blocked
Year Ago.
IN the Associated press.

By the Associated Press.
The Senate Campaign Funds Commit
tee today made public letters from
Bishop James Canon, jr., Of the
Methodist Episcopal Church South, chal-
longing Its authority to investigate his
campaign expenditures in 1923.
The churchman contended the consti-
tutionality Of the Senate committee
inquiry into the use he made of $65, 900
furnished by E. c. Jameson of New York
to defeat Gov. Alfred E. Smith, the
Democratic presidential candidate, in
Virginia was open to very serious ques-
ton"
Bishop Cannon said the resolution
introduced by Senator Glass, Democrat,
Virginia under which the committee
has been proceeding, attempted to make
the Senate group assume the functions
of grand jury
The committee also made public cor
spondence of Chairman Nye, Bishop
Cannon and the bishops physician, DR..
r. l.. Sexton. concerning the church.
mans physical condition and his ability
TO appear before the committee.
News Reports Cited.
In letter to DR.. Sexton, Chairman
Nye pointed out newspaper reports OF
Bishop Cannon's appearance before
various church organizations and said
These things tend to make it appear
the bishop is merely making sport OF
the committee"
Bishop Cannon, in his reply, said his
physician advised him he would en-
danger his life by doing the preliminary
work necessary to an appearance before
the committee for cross exc mination in
connection with his bank accounts
showing how he expended the funds.
The bishop said his activity as pre-
siding officer of his church's general
missionary conference In New Orleans,
to which Nye had made reference. was
purely perfunctory." In a later letter,
Bishop Cannon said If the committee
decided to continue its investigation
despite his challenge of its authority
he would like to be given an oppor
tunity to argue the legal question in
volved.
Views of Physicians.
while my physician here indicates I
may not be strong enough to take up
the work of examining in detail my
bank accounts and my files and pre-
pairing for an appearance before the
committee on factual matters involved
in the investigation" he said, yet he
thinks it is possible I may be able to
meet the committee with or without
counsel fer the purpose of this legal
discussion any time after May H."
IAN examination Of Senate resolution
403 Cthe Glass measure) - Bishop Can
non said in one letter. clearly indicates
that the attempt is made to authorize
your committee to assume the functions
of a grand jury, first by inquiring into
the violations of any provisions of the
Federal corrupt practices act and sec
ond to investigate fraudulent CONVEX
sion to private uses Of any campaign
funds.
Investigation of such matters, the
Supreme Court has ruled. is matter for
the courts and not for Congress :"
Challenge Is Second.
This is the second time Bishop
Cannon has challenged the legal right
of a Senate committee to investigate
the manner in which he spent the
money turned over to him by Jameson
in 1928.
A year ago he blocked a similar
inquiry by the Senate Lobby Committee.
The Glass resolution was designed to
give the Nye committee power which
the Lobby Committee did not have and
the Cannon case was called to the at
tention of the Campaign Committee
by Representative Tinkham, Republican,
Massachusetts, shortly after the passage
of the Glass measure.