Evening star., 1934-02-11
Ciiuuin Retracts First Story
Of Missing Letters Remopal

after he and Hanshue had examined
it. he said he came to Washington
and returned the papers to Givvin,
who later presented them to the Black
committee. Voorhees, asserted the
letters and papers which he brought
back to Washington were the same
as those he received from Givvin.
Supports Voorhees,.
Testimony to back up VOORHEES,
testimony was given by Charles w.
Franz, division superintendent of
Western Air Express, who related
what developed when the papers were
received at New York from Mr..
Givvin.
Senator Black and Senator Warren
r. Austin, Republican, Of Vermont,
a member of the committee. clashed
at the close of testimony. Austin de-
clared there were important witnesses
who ought to be called who have
been publicly slandered as guilty of
fraud" and yet had not been heard,
He said he did not purpose to Judge
the case until all the evidence was
in. Black insisted this phase of the
question had nothing to do with the
particular proceedings before the Sen
ate and said he did not understand
the object of the Senator's statement.
Black previously had made brief
statement intended to show that the
committee was making a wide inquiry
into the activities of airmail opera
tors. He sought to show that, there
fore, the summoning Of papers and
documents was necessary and within
Senate rights. 1t was at this point
that Austin said:
II think that it Is a matter of note
which should appear in the Record.
in view of the statement of the Sena-
tor from Alabama (Mr. Black, that
important witnesses who ought to be
called to represent airmail operators
who have been publicly stigmatized as
guilty of fraud, have not been heard
as yet; and the evidence necessary to
ascertain correctly as a committee
whether fraud has occurred or not Is
not all in. As one member of the
committee desire to 60 on record
as not ready to pass upon that ques-
tion until the evidence is in and men
charged with wrongdoing have an
opportunity to be heard"
Holds Point Invalid.
II do not understand the object of
the statement made by my colleague
on the committee" replied Black.
mo reference was made to anything
concerning which he discussed The
Senator, of course, has a perfect
right at any time to express himself
on the Senate floor. I shall not go
into that subject, because it is wholly
and completely disassociated from the
proceedings that are now before the
Senate
Personally I very much regret that
this should have been selected as the
time and place to make that state
ment. What I wanted to get clear
in the Record for the purpose of
showing that the Senate has juris-
diction in this particular case, I
might state, and did not care to
offer the evidence to do SO, was that
investigations have been made and
are being made which require the
summoning of books, papers, memo
randums and correspondence, and
that, therefore, 1t Is of importance
to see that the Senate's rights in this
regard are protected in any proceed
ing that comes. ! am not stating that
now in connection with what should
be done in this case. but merely as
q judisdictional fact"
Austin Retort Warm.
'Mr. President, If I may be per-
mitted, I do not willingly subject my
self to castigation by the chairman Of
the committee and be silent Under it,
retorted the Vermont Senator. II
assume that it is the duty of the
Senate when summoning witnesses
from outside of the Senate to the
bar Of the Senate for trial, to pre-
sent the case as it is, and fully, so
that they may have an opportunity
to make complete answer If they
see fit to do so. If 1t is going to ap-
pear here in this court that the evi-
dence has been taken upon the subject
Of fraud-which of course is the basis,
the real foundation Of this charge of
contempt-I think they are entitled
to know that we do not all consider
that the evidence has been fully pre-
sented yet.
To this, Black replied that the
question he was discussing has no
connection Of any kind or character,
directly Of indirectly, with any ques-
ton Of fraud" and that he was stat
ing what the committee was doing
in an effort to make it plain 1t was
pertinent and proper for the commit
tee to summon the papers Of airmail
operators.
Challenges Senate Right.
Richardson, after the submission Of
testimony, led OF with an argument
for Col Brittin. He challenged the
Jurisdiction of the Senate in this pro-
ceeding, as Col. Brittin did at the out
set Of the case yesterday. He insisted
the Senate had no right to punish
ard declared this issue, though 1t had
not been discussed by Senators In the
case, cannot be dismissed with .
waive Of the hand" He asked the
phase of the matter. He also asked
for o full and fair opportunity to test
the rights Of his client In the courts,
and objected to the idea Of citizen
having to jockey with the sergeant at
arms on q matter of that sort.
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