Evening star., 1934-02-13


maintained as a precaution against a
possible effort to escape.
The cost of the rooms ranges from
o. to Sc, each, per night.
In arguing his petition for the sec
ond writ of habeas corpus Hogan said
the Senate was seeking to try pri-
vate citizen for a past course of con-
duct. This, he contended, was exclu-
sively within the province of the
courts. A Senate trial, he said, would
be q direct violation Of MacCracken's
constitutional rights.
The Senate, he said, has implied
power to punish for any act interfer-
ing with its legislative functions, but
argued that this power cannot be eX-
tended to permit the Senate to inf1ict
punishment as such for an act COM
mitted in the past.
Garnett replied that the Senate
does not lose its power to punish for
contempt merely because the act has
already been committed.
Jail Term Possible.
It was brought out that if the Sem
ate finds MacCracken. guilty it can
commit him to the District Jail for
the duration of this term of Congress.
Hogan noted an appeal from Justice
CDonoghue's ruling. but 1t was not
believed this could be heard in time
to help MacCracken if he is sent to
Jail by the Senate. 1t was indicated,
however, that the appeal would be
carried through to the Supreme Court
to settle the question of law involved.
MacCracken was arrested by Jurney
after Justice ODonoghue had fined
him 500 for contempt of court for
applying for the writ of habeas corpus
Saturday when he had not been ar
rested.
Jurney took MacCracken to the
Senate, which had ordered him to
show cause why it should not hold
him in contempt for Haunting the au-
thority of one of its committees. He
challenged the authority Of the Sen
ate to punish him.
No witnesses were called by either
side, but MacCracken and Attorney
Hogan, who earlier had paid the court
fne with five $40 bills, were forced to
desk for several hours while a long
committee report reviewing Mac
Crackens testimony before the In
vestigating Committee was alternately
read by two deep-voiced clerks.
Black Defers Case.
Before the reading was finished,
Chairman Black of the Investigating
Committee arose and asked suspension
of the proceedings until today. Un-
der a previous agreement the Senate
also will discuss the cases of three
aviation officials embroiled in the
same affair.
MacCracken refused to deliver pa
pers from his files to the Senate COM
nittee and the two of the three Off
cialS took some Of the correspondence
out of his files while it was under
subpoena. The three officials are l.
H Brittin, vice president of North
west Airways, and Harris NJ. Hanshue,
president, and Gilbert L. Givvin,
Washington representative of Western
Air Express. Hanshue did not per-
sonally remove any papers.
Just before Black moved suspension
of yesterdays proceedings Justice
ODonoghue issued the second writ of
habeas corpus on Jurney, returnable
Immediately in his court.
Two deputy marshals, John B.
Clarkson and Stephen b Callahan,
waited outside Jurneys Office and
pushed through a crowd TO serve the
paper within three minutes after the
floor proceedings were suspended.
JurneY hustled off to the Court
House, with MacCracken and Hogan
following. Under Blacks motion Mac
Cracken was continued in the custody
Of the sergeant at arms.
Court to Decide.
At one time during the Senate pro-
ceedings, it looked as if they would
continue indefinitely or until a de-
cision was reached. but realizing the
courts would have to settle the affair
in the end, Black asked the Suspen-
sion to make way for emergency legis-
lation.
Senator Robinson Of Arkansas, the
Democratic leader, had moved the
laying aside of the Senates unfin-
ished business in order to permit Mac
CraCken's appearance.
Senator MCNary of Oregon, the Re-
publican chieftain, pointed out that
the two Republican members Of the
onlnittee-Austin and White-were
absent and that IL altogether on his
side could not be present, and sug-
gested the proceedings be postponed
il possible
Black replied that he felt the Sen
ate should proceed.
With MacCracken and Hogan, sit
ting to the left of the presiding off,
GERS dais, Vice President Garner
opened the proceedings by swearing
the defendant and reading the cita-
ton. He asked MacCracken If the
latter had anything to say.
Hogan then handed the Vice Presi-
dent a statement which the chief
elerk, John Crockett, read.
1t denied the Senate's right or
power to try or pass judgment upon
MacCTacken.
Hogan, asked If he had any addi-
Monal statement to make, said
There IS no other position which
Mr.. MacCracken desires or will take
except that already given to the
Senate"
Black then asked that the COM
aiittee report to the Senate, describ-
ing the circumstances under which
the warrant for MacCracken's arrest
was first issued and his testimony
before the Investigating Committee
be read.
MacCracken and his attorney sat
listening while many Senators left to
get lunch.