Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-09
PAGE TO PRODUCE
. CANNON EVIDENCE
/ ON COURTS ORDER
House Clerk Agrees to Put
meek in Moose" for
Justice.
GRAND JURY TO SCAN
MISS BURROUGHS DATA
Vital Report on Campaign Funds
Demanded by Rover to 2e Heard
at Special Session.

William Tyler Page, clerk Of the
House of Representatives. will appear
tomorrow morning at 1890 o'clock to
| present to the District grand jury the
original reports made by Miss Ada l..
Burroughs, treasurer of the Anti-Smith
Democratic Committee of Virginia, of
| which Bishop James Cannon, jr, of the
Methodist Episcopal Church South was
president
After Justice Proctor had directed
him to bring the papers before the
grand jury, Mr.. Page said he would re-
gard the courts Interpretation OF the
matter as correct and would produce
the required papers.
If the House were in session at this
moment" said Page, Il have not the
| least doubt it would give its consent to
the production of the papers. NOW that
we have thrashed this matter out
feel perfectly willing out of abundance
of respect for this honorable court and
| for the dignity of the grand jury to
come before that body and If need be
| to put my official neck in moose and
mn counter to the jealous regard of the
| House of Representatives for its pre-
negatives.
Willing for Sacrifice.
I'm other words. feel willing to make
myself a vicarious sacrifice in the in
tereSt of justice.
The grand jury will hold a special
session tomorrow to receive the papers
of the files from the House OF Repre-
sentatives. it not being customary to
hold sessions on Saturdays
Justice Proctor held Mr.. Page had
misconstrued the resolution of 1879 lin
his natural zeal and desire to fulfill his
duties to the House" and ruled the
Federal currupt practices act, with
violation of which Bishop Cannon
has been charged. makes the reports
from political treasurers required by
that act public records and open to
public inspection.
Essential Basis.
This act makes it the ESSENTIAL basis
Of a prosecution or an inquiry into
violations of that criminal statute, the
Justice declared.
1T is uncomfortable" he said. that
Congress should pass a criminal statute
! imposing duties on a grand jury or
prosecutor and then make resolution
! denying production of papers. Such
! action would be obstructive and in
many cases utterly destructive OF the
criminal provisions of the statute. 1t
must be that Congress intended that
such papers should be available for
| production when necessary. and the
| House of Representatives, in agreeing
! in the passage of the act, concurred In
the availability of the papers
| Mr.. Page appeared before the court
promptly at noon and brought with him
q ~0rirtnd rOov Of the rrnredinQS he
/ for the Nye Committee, certified to by
| the clerk of the United States Senate,
which, he said, under statute is au-
| thorized to be accepted as legal evil
dence.
J Directed to Testify.
Justice Proctor called attention to
the statement made yesterday by the
| foreman Of the grand jury that he con-
| sidered essential the production of the
original papers. The court said he
could not agree with Mr.. Page that the
| preferred certified copy would consti-
tute legal evidence.
He pointed out that he was not ad-
vised as to the exact reason that the
grand jury wanted these papers, and
! said he must infer that it was not
| whimsical. but based on a substantial
| fact arising in the inquiry.
| Assistant United States Attorney John
j. Wilson, who is presenting the matter
TO the grand jury conferred with JUS
| tice Proctor this morning and later with
United States Attorney Rover. The lat
ter reached the conclusion that he
| wants a decision Of the court on the
question of the right of the clerk of the
House to refuse the papers.
If in attempting to prosecute under
law passed by both Houses CT Con-
1 cot fatfTn N
thwarted by resolution of only one
of the branches. we want to know
about it and so shall insist on ruling
| by the court
This statement is taken to mean that
| the prosecutor considers the original
i report vital to the inquiry of the grand
| jury and is not satisfied to have merely
! certified copies.
Denies Probe Halt.
Wilson denied today that there had
! been any halt in the probe by reason of
| the declinaticn of Mr.. Page and the
! taking of the question under advise
ment by Justice Proctor. He pointed
out that the grand jury continued the
hearing of evidence until o'clock last
evening and resumed this morning at
1890 o'clock.
E. J. ArmbruSter of the Bureau of
1iFeoGSdC!On y! the DepdII InenI VI
Justice will be the principal witness to-
DAY. He has traced the financial af-
fairs of Bishop Cannon and of the Anti
Smith Committee and will give the
grand jurors the benefit of the evil
dence gathered by him.
Ernest M. Kull, assistant cashier of
Hudson County National Bank of Jer-
sey City, appeared today as a witness in
place of E. P. Ferguson, president Of the
bank, who is reported to be i'll. The
summons on Ferguson called for the
production of two $4,000 cashiers
checks made payable to Bishop Cannon
October "a, 1923, and which he is said
to have deposited in the Continental
Trust Co. in this city. These contri-
buttons are said TO have come from
former United States Senator Joseph S.
Frelinghuysen of New Jersey.