Evening star., 1934-07-09
'CRACKEN WINS
APPEAL AGAINST
TODAY SENTENCE
Court of Appeals Denies
Senate Right to Impose
Punishment.
TWo-T0-THREE OPINION
FAVORS HOOVER AIDE
Tribunal Says Legislative Body Is
Without Jurisdiction in Past
Contempt" Case.

William P MacCTacken. jr.. Assist
ant Secretary Of Commerce under
Herbert Hoover, today won an impor-
tant victory In his tight with the
United States Senate when the Dis
trict Court Of Appeals. in 3-to-a
decision, held the legislative body did
not have power TO punish him for q
'past and completed contempt"
The Senate had sentenced Mac
Cracken TO serve 10 days In the Dis
trict Jail for permitting his airmail
poenaed by q subcommittee investigat-
ing airmail contracts.
Col l.. II. Brittin, sentenced jointly
with MacCracken, served 10 days in
the District Jail last February.
Although the majority opinion Of the
court held the Senate did not have
this power. the dissenting opinion de-
elared. In part:
ITO say at one moment that the
power exists 10 punish for failure to
neliver papers, and then to say that
II Is lost If the competency of the
witness results In destruction rather
20 be both inharmonious and absurd. 81
Questioned Jurisdiction.
MacCracken, after his arrest had
been ordered by the Senate. replied
he had purged himself OF contempt
by effecting the return of all avail
able records, and that In any event
the courts and not the Senate had
power to punish private citizen for
q past and completed offense.
Refusing to accept this view, the
Senate ordered Chesley w. Jurney, its
sergeant-at-arms, to arrest Mac
Cracken. Armed with Senate war
rant, Jurney set out 10 look for the
allegedly recalcitrant witness. A game
of hide-and-seek resulted which ter
minated when MacCracken presented
himself at Jurney's apartment several
nights later and asked the latter to
arrest him. The warrant, however,
directed Jurney to bring his prisoner
forthwith before the bar of the Sen
ate. Since the Senate was not in ses-
sion at the time. Jlrney refused to
arrest MacCracken. but permitted him
to spend the night in his apartment.
On the theory that he had been
arrested, MacCracken then filed q Pc
tition In District Supreme Court for
q writ Of habeas corpus. This was
presented to Justice Daniel w. ODon-
oghue at his home that night, and he
signed the petition. When the case
was called In court the following Mon-
day morning, Justice O'Donoghue held
MacCracken had not been arrested in
fact. and fined him 500 for miSrep-
resenting the facts of the arrest to the
court.
Completed Offense" Plea.
MacCracken. through Attorneys
Frank j. Hogan and Edmund L. Jones,
then contended the Senate had no
right to punish him for a completed
offense.
Hogan pointed out that Brittin,
vice president of Northwest Airways,
Inc. had removed documents from
MacCrackens Office without the lat
ter's knowledge. 1t was conceded that
Harris M. Hanshue, president of
Western Air Express, had also pro-
cured the removal of additional doc
uments, but Hogan contended Mac
Cracken had got these papers back
and turned them over to the subcom-
mittee, thereby purging himself of
any possible contempt.
After listening to arguments by
Hogan and United States Attorney
Leslie c. Garnett, Justice ODonoghue
held the Senate had not exceeded its
powers, and directed that MacCracken
be turned over to the sergeant at
arms.
The case was then carried to the
court OF appeals, the majority opinion
stating liz part:
Time and again it has been de-
Clared that Congress possesses legis-
lauve power in the amplest degree to
provide for prosecution and punish
ment under the criminal law for
any and every wrongful act. Sections
10l-1o4, and S5e of the Revised Stat
utes were enacted under that power
Continued on Page 4. Column S.