Evening star., 1934-02-14
SECRETLY DEBATE
.M'CRACKEN'S FATE
Senators Resume Delibera-
tions-Hogan Cites Deci-
sion of Supreme Court.
CONTINUED From First Page.)

Continued From First Page.)
I have a mentality that '.5 incapable
Of comprehending the legal meaning
Of the term purging.
"Sole Question"
Such q state Of facts, he continued,
brings the matter down to the sole
question of whether the Senate can
inf1ict punishment as such upon a
citizen for a past and completed act.
But" he added, you will say,
What about the acts that were done?
II any one Of them is offensive to
the dignity Of the Senate, to its high
privileges, to the law Of the land,
where shall 1t be redreSsed or pun
ished?' And answer you in the
language Of the Supreme Court, In
the courts of the land"
In support Of his contention he
cited the case Of Marshall VS.. Cor
don, in which, he said, the Supreme
Court held the Senate had no power
to punish for a past and completed
offense, but could only refer such
matters to the Criminal Courts.
The House or Senate, he continued
has implied power to deal directly
with contempt SO far as is necessary
to preserve and exercise to legislative
authority expressly granted.
The Supreme Court, he said. has
held. however. that this is "a power
of self-preservation, a means and not
an end, and does not extend to the
infliction Of punishment as such. 1t
is power to prevent acts which in
and of themselves inherently prevent
or obstruct the discharge of legis-
lative duty. and to compel the doing
of those things which are essential
to the performance Of the legislative
functions"
Presents Dilemma"
Yesterday" he continued, "the Dis
trict Court in the District of Columbia
decided, upon the facts presented by a
petition Of habeas corpus, which was
argued as a serious, fundamental con-
stitutional proposition, that those
facts did not justify the release of
MacCracken on a habeas corpus at
this time. No opinion was handed
down, no reasons were given, no re-
marks from the bench indicated the
mental processes by which the distin-
guished jurist reached his decision.
But II it be said that yesterdays deci-
sion upholds the power which the
committee now asserts, and respond
entS deny, then submit that you have
the choice of following a district Judge
or following the Supreme Court of the
United States. If that be a dilemma,
I indulge an abiding confidence with
respect to which you will follow.
"Sirs, in deciding these questions
you are considering that which every
one knows will determine the tragedy
Of ending this mans entire career"
When Hogan completed his argu-
ment, the Senate went into executive
session to consider their verdict. 1t
was believed but three courses were
open to them, conviction. acquittal or
reference of the entire matter to
the United States attorney for further
| action.
Senator-jurors would not talk about
the closed session proceedings, but
| the general impression was Senator
| Black and other committee members
took up most Of the time with
speeches.
Leaders expressed the hope that q
decision would be reached today.
Senator Robinson of Arkansas, the
Democratic leader, looked for some
delay between the end of deliberations
and the voting on resolutions OF
action. He believed this would be oc-
casioned by debate as to procedure
and the resolutions themselves.