Evening star., 1934-02-09
Disputes Right
of Chamber
to Punish.
SUPREME COURT
RULINGS CITED
Air Official Admits
Bar Has Power
to Cite Him.
BULLETIN.

"A QulIh w ~
geant at Arms Jurney from
the Senate spoiled the care
fully laid plans Of Frank j.
Hogan, attorney for William
P. MacCracken, II, to throw
the case into the District Su-
preme Court.
Plans had been made to
surrender MacCracken at 3
o'clock, but Jurney was in
structed to 60 back to the
Senate at once and not par
ticipate in the arrangement.
Hogan said, Its my guess
that they are going to try
MacCracken at the Senate in
his absence"
The lawyer told newspaper
men that Jurney was accom-
panied by four aides and
protested that this was a
"strong-arm method
BY the Associated Press
The arrest of William P. Mac
Cracken, jr., was ordered by the
Senate this afternoon after the
Hoover Assistant Secretary of
Commerce had dehed the Sen
ate by failing to appear for the
scheduled opening of his trial
on contempt charges
A letter from MacCracken,
sent to Vice President Garner,
challenged the Senate's authori-
ty to punish him.
Chesley Jurney. sergeant at
arms of the Senate. and detec-
tives shortly afterWard went to
the Office of MacCracken. now
an attorney in the National
Press Building, but were unable
to find him there. They then
went to the Office of Frank J.
Hogan, MacCracken'S counsel,
in the nearby Colorado Building,
but Hogan refused to say
whether his client was there.
Earlier Hogan had said he would
file habeas corpus proceedings as soon
as MacCracken was arrested. He
added Everybody knows Bill and me
we'll enough to know he's not in
hiding"
Three Others on Hand.
Three other defendants. all attached
10 air companies that benefited from
airmail contracts in the last ad-
ministration, were on hand when the
Senate met. ready to answer the
charges against him. They repre-
sented companies for which Mac
Cracken had acted as counsel.
Once the MacCracken position had
been read to the Senate. Senator
Black, Democrat, of Alabama chair
man Of the committee investigating
airmail contracts, introduced the
resolution ordering NacCracken's i'm
mediate arrest. 1t was adopted with
out record vote.
MacCracken had been free on his
personal bond.
He and the three others were cited
on charges OF contempt of the Senate
in removal of evidence from Mac
Cracken's files after these had been
subpoenaed
The trial of the three other de-
PENDANTS, L. H. Brittin, vice president
Of Northwest Airways: Harris NJ Han
shue, president of Western Air Ex-
press. and Gilbert Givvin, Washing
ton representative Of the latter cor
poration, was suspended until Mac
Cracken could be brought before the
Senate
Vice President Garner, who was
presiding at the unusual court trial,
put the question Immediately when
Black presented his arrest resolution
and 1t carried. but Senator Borah,
Republican. of Idaho arose to debate
the resolution and it had to be passed
again.
Denies Violating Power.
In the communication addressed to
Vice President Garner, MacCracken
said he would not knowingly or in
violate any constitutional
powers of the Senate, and denied the
constitutional right of that body to
compel the attendance of a private
citizen" before it on the grounds
charged.
Long lines OF spectators had crowd
ed the third floor corridors of the
Senate wing more than an hour be-
fore convening time. Doors were
thrown open then, so all seats were
taken.
washingtons biggest policeman.
Edward F. Brown. nearly 7 feet tall
and about 800 pounds. stood guard at
the door of the committee room where
the three defendants first waited in
company Of Sergeant at Arms Jurney.
The defendants, if found guilty of
contempt, face possible penalty OF
Imprisonment for the rest Of the cur
rent session of Congress and a fine in
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