Evening star., 1934-02-09

that 10 appear WOuIo VlolaIe LIS Gull
stitutional rights, and added:
This I respectfully decline to do
The former Assistant Secretary OF
! Commerce said the power of the con-
| gessional houses was power to pre-
vent acts" which would obstruct the
discharge of their legislative duties
and to compel the doing OF those
things that we're required in connec-
ton with legislation, but that punish
ment was Exclusively judicial func-
ton and not legislative one"
Safeguards Rights.
ITO appear at the bar of the Senate
would be to give assent to the powers
that do not constitutionally belong tc
it." MacCracken said, adding that ii
would result in violation OF the
rights guaranteed to me by the con-
Stitution"
MacCracken's letter outlined the
events leading up to his arrest.
The attorney asserted he produced
for the committee all papers relating
| to air mail contracts except those he
was not at liberty to present. At the
committees request. he recounted. he
sent elegrams to all clients asking
whether they desired to waive the
asserted privileged relation.
MacCracken said he recognized the
committees right to issue the sub
poena and require him to produce all
mail documents to the extent that ht
could do so without violating his
clients rights.
Waivers were received from al
clients just before the Senate Warran,
was served on him, he said
Chairman Black sat at a small desk
with Senator McCarran of Nevada
another Democratic member of the
| committee, at the right of the Vice
Presidents dais, facing Mr.. Garner
i Black took several notes while the
| clerk read the MacCracken letter.
Denies Challenging Right.
The letter said he did not challenge
the authority of the Senate to compel
| attendance Of witnesses to give per
tinent testimony" and material
evidence.
He added there was no such file
dS oil OSCdIl VI dllllldll 1llc III Ills
| office, as the committee contended
and the communications removed by
Brittin and Givvin were personal ones
of which he had no knowledge.
He said Brittin had used his Office
, last Summer to write letters anC
used his files for personal" CORE
spondence. These were not under
| subpoena, he contended
MacCracken had been released from
his original technical arrest by thu
Senate when the three other case.
arose and a general resolution cov-
ering all four was adopted.
Chesley w. Jurney. sergeant at arms
| who has carried out all the Senate's
orders in connection with the cases
Immediately prepared to go to Mac.
Crackens Office in the National Press
Building to make the arrest.
When Senator Borah, Republican
OF Idaho. rose to question the Sen
ate's action. Black said the Senate
! previously had merely cited Mac
Cracken to appear and had not ar
rested him.
Il know of no way to obtain his
dppcoi diiIC chSCPI ny dllCoIb oldIh
added
Asks for Evidence.
Borah said there must be ground
for contempt and asked what the
ground was.
Black replied that after MacCracker
was subpoenaed and while he was
under subpoena, che not only declined
to bring his files, but permitted then
to be removed and destroyed"
1T Is our opinion" he added, "that
there could be no action showing a
more contemptuous disregard for the
| the papers to be removed and de-
Str0yed."
That seemed to satisfy Borah, and
Vice President Garner quickly de-
clared the resolution was adopted ano
the arrest ordered.
Then, as though nothing unusual
had happened, the Senate dissolved
the trial and went back into legis-
lative session to take up the johnson
bill limiting appeals to Federal courts
by public utilities companies.
In his letter describing the events
leading up to his trouble with the
Senate, MacCracken said Hanshue in
formed him he was sending his Secre-
tary to obtain from the files the pure
ly personal papers, and that subse-
! quently Givvin, Hanshue's secretary
appeared.
II produced the files and he took
from them certain papers," Mac
Cracken continued.
Promised to Do Best.
In his appearance before the com.
, mittee, MacCracken said, he promised
papers returned. He added that al
have been, am informed, returned.
Subsequently, MacCracken con.
ceded, it was found that certain o1
| the papers removed by Givvin related
| TO airmail contracts, but he said al
the papers were now in the posses
| sion of the committee.
MacCracken told of negotiations tx
| obtain waiver of privilege from hi,
clients, saying that he had obtained
the waiver from five of the nint
| clients on his appearance before the
Senate committee and obtained a re.
lease from all Of them by the time
Of his arrest. He said he had so in.
formed the committee.
There have now been produced,
to the "best of my ability, knowledge
! and belief" he added, AL records ir
my possession relating to air ano
ocean mail contracts"
MacCracken added he never had
refused to answer any question pro-
pounded by the committee and said
he had "the greatest respect for the
United States Senate" and mo desire
to appear in contempt" Of the body.