Evening star., 1934-02-10
Jurney Refuses
Surrender at
ID. C.. Court.
HOGAN PLANS
RACE ON WRIT
Question of Serving
Paper on Floor
May Arise.
By the Associated Press

By the Associated Press.
The contempt trial of three
aviation company officials was
resumed today by the Senate,
with the arrest of William P
MacCracken, former Assistant
Secretary of Commerce for Air,
expected momentarily
MacCracken was sought for
trial along with the trio in con-
nection with the removal Of air
mail records from his Wash
ington law office after they had
been subpoenaed by the Senate
Airmail Investigating Commit
tee.
Since yesterday, when he de-
fed the Senate by refusing to
appear for the histOry-m making
trial, he has been the object
of a search by Chesley w.
Jurney, Senate sergeant at
arms.
Shuns Hogan's Proposals.
The second day of the trial began
at II am.-an hour earlier than
usual-in an effort to reach a decision
by tonight. The three accused Off
cials are L. H. Brittin. vice president
Of Northwest Always; Harris NJ
Hanshue. president of Western Air
Express, and Gilbert L. Givvin, Wash
ington representative of the latter
concern.
Responding to proposals by Frank
J. Hogan. attorney for MacCracken,
to surrender his client at the District
of Columbia Supreme Court, where
he could Immediately obtain a writ of
habeas corpus, Jurney told reporters
he would take MscCracken "on my
own terms only"
Arrangements had been made, it
was understood. for MacCracken to
surrender to Jurney at an undesig-
mated place uptown this morning.
Hogan has arranged to secure a writ
of habeas corpus in District Supreme
Court Immediately after the arrest.
The controversy over the Senate's
authority in the matter would then
develop into a race between Jurney
and a deputy United States marshal.
Service in Senate Studied.
The marshal armed with the writ,
will endeavor to beat Jurney to the
Capitol and serve the paper on him
before he can turn MacCracken over
to the Senate. In this way, Hogan
believes, the court will acquire jurisdic-
ton of the case and the Senate will
be barred from pressing its contempt
proceedings until the legal questions
involved have been passed upon by the
court.
If Jurney should reach the Capitol
before the marshal and surrender his
prisoner, the question will then arse
whether the writ can be served on the
floor of the Senate.
Assistant United States Attorney
John j. Fihelly was making a study
of cases this morning in an effort to
ascertain whether a marshal can
serve a writ issued by Federal Court
In the Senate Chamber. 1t was not
known whether Hogan, in event the
Senate gets custody of his client,
would carry his efforts to secure his
release this far.
Several irate Senators indicated they
were considering the possibility OF
action against Hogan, upon whose
personal bond MacCracken was free
after being placed under technical
arrest week ago.
Senate leaders expressed the opinion
that the courts would not interfere
with the carrying out of any decision
the Senate might make in regard to
its trial of the airmail representatives.
L. H Brittin, vice president OF
Northwest Always; Harris M. Hans
hue. president of Western Air Ex-
press. and Gilbert Givvin, his Wash
ington representative, appeared before
the Senate yesterday, but no con-
elusive action was taken.
Called to Appear Again.
Brittin told the Senate. sitting as a
court, that he felt it lacked authority
to act in his case. He readily an
swered questions, however, but as
serted that papers he had removed
from files in MacCracken's office were
personal. He said he tore them up.
Hanshue asserted he did not know
his files had been removed until he
received them from Givvin. The lat
ter said that although he felt the
taking Of them had been ill-advised
and that they should not have been
removed, he felt he was acting under
orders.
All three men were summoned to
appear again.
In MacCracken's case, the former
Hoover little cabinet" officer in
formed the Senate by letter yesterday
that he felt constrained ito deny the
constitutional rights of your honorable
body to compel attendance before your
bar of private citizens" The Senate
Immediately ordered his arrest.