Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-08
William Tyler Page Says
Rules Forbid Him to Pro-
duce Reports.
QUESTION IS STUDIED
BY JUSTICE PROCTOR
Frelinghuysen and Jameson Will
Be Questioned in 1928 Elec-
ton Fund Probe.

William Tyler Page. clerk Of the
House Of Representatives. declined to-
day to present to the District grand Jury.
the original reports made b. Bishop
James Cannon. jr., and Miss AGA Bur.
rougts. the reputed secretary Of the
entl-Smith Democratic Committee in
1923. showing the expenditure of con-
tributions made to that committee.
The grand jury is investigating
charges against Bishop Cannon and
MISS Burroughs of violation of the Fed
eral corrupt practices law
Mr. Page explained that since the
House is not in session and because its
rules prohibit him from surrenderins
Its records without specific AUTHORIZE
lion. ne had not brought with him the
papers requested in a subpoena duces
oecum served on him several days ago.
Appears Before Proctor.
The grand jurors then certified IN
Justice James M. Proctor. presiding in
criminal Division /, Mr.. Pages refusal
to bring the desired papers. Mr.. page
appeared before the court and after
Assistant U. S. Attorney James J. will
son had told Justice Proctor of the cir.
cumstances. Mr.. Page defended his DO.
sitlon by pointing out that the House
as far back as 1879 had passed a reso-
luton prohibiting the clerk from taking
any RECORDS from its files even in obed-
fence to a subpoena duces tecum.
I stated to the grand jury" said Mr..
Page, that / am an elective officer of
Inc House and its servant. and under
IL prerogauves and privileges of which
IL Is very jealous / did not feel called
upon to bring the requested papers to
the grand jury or to make a statement
under oath about them. The House
does not permit any officer or employe
TO remove any papers without its con-
sent.
Resolution Passed in 1879.
AS long ago as 1879. a resolution
was passed based on a report by J.
Proctor Knott of Kentucky. for the
judiciary Committee, holding that not
even the clerk has authority TO sur
render but only to preserve the records.
in which he has no property right or
control for which he could be required
TO produce them in court In the alb
sence OF Congress, 1 am faced by that
resolution. and no matter how much
personally ! might be willing / feel l
am not at liberty to bring the papers
to the court"
Mr.. Page cited instances in which
similar requests had been made and
mentioned enc in this court when he
had been summoned before Chief jus
tice Mccoy, who had himself been .
member of the House. and who recos-
nl5ed its jealous regard for its records.
He said Mccoy asked him to obtain
consent OF the House and a resolution
was introduced, but met with snarl
and was later withdra wn Mr.. Page
case.
The clerk explained to Justice Proctor
that under the corrupt practices act he
Is required to keep the original reports
Tor term OF two years open to public
inspection He pointed out that these
reports had been filed more than two
years and might have been DESTROYED by
him. but he has made it a practice not
to destroy such reports
Justice Proctor took under advise
ment the question of whether the clerk
Of House could be compelled to pro-
duce before the grand jury the orig
inal papers.
Theodore B. Cuttings, foreman Of
the grand Jury. expressed the opinion
the original documents are essential
to the grand jury's inquiry.
Certified Copies Suggested.
This opinion was also shared by As.
sistant United States Attorney Wilson.
who, however, is considering If some
other method may not be devised 10 get
the information in the reports before
the grand jury. 1t was suggested certi-
fed copies might be made which could
be certified as true copies by Mr.. Page,
as was done by him when the Nve COM
mittee sought to get the original records.
The grand jury investigation is ex-
pected to last until noon Saturday. &C
cording to Assistant United States At
torney John J. Wilson, presenting the
evidence
Fully two dozen witnesses have been
summoned and large number of them
were present in the corridors adjoining
the grand jury room this morning
Former United States Senator Joseph
S. Frelinghuysen of New Jersey was
one Of the most prominent in attend
ance. He declined to discuss with
newspaper men the testimony that he
will give the grand jury. This decision
was in line with his action when visited
few days ago at his home In New
Jersey by Wilson, who sought to get q
line on what his evidence might be-
The former Senator then said he would
talk only before the grand jury.
Frelinghuysen Is reported to have
given Bishop Cannon S20,000 to aid in
defeating Alfred e. Smith in Virginia
and it Is said Cannon made report of
(r0rfiruad an pace Onl,,rnu a.