The Washington times., 1936-04-30
W. R. HEARST TAKES LOBBY SPY
SUIT TOD. {. APPEALS COURT

Declaring constitutional rights
Of citizens are being flouted, VII
liam Randolph Hearst appealed
to the District of Columbia Court
Of Appeals yesterday to halt the
unlawful seizure Of private tele-
grams by the Black committee
oG the Senate.
He asked the appeals courts
to assume jurisdiction over the
Black committee which the Dis
trict Supreme Court had refused
to do.
Individual Action
Through his attorney. Elisha
Hanson, the publisher insisted
the five Senators composing the
inuuiSitorial committee bel
stripped Of their official or rep
resentativO character and sub
jected in their persons to the
consequences Of their individual
conduct"
Mr.. Hearst took two other steps
20 halt the wholesale rifling OF
private papers under dragnet
SubpoenaS. These were:
I. Filed opposition to the mo-
ton Of the Federal Communi-
cations Commission to dismiss
the bill Of complaint as to 1t.
The commission admittedly
aided In the telegraph seizures,
but promises it would diScon-
tinue the practice.
2. Noted . general appeal
from the refusal Of Chief JUS
tice Wheat in District Supreme
Court to issue permanent In
functions.
Argument Deferred
# the Court Of Appeals orders
the District Court to take juris-
diction, the question then will be
decided in the lower court on its
merits.
Argument on the Communica-
tionS Commission effort to be alb
solved from its acts, which it has
admitted were illegal, will be de-
ferred until action by the Court
Of Appeals.
HanSon's motion declared:
':If this petitioners cOnStitu-
tiOnal rights are not to be viO-
lated In the same way in the
future, the courts must take
jurisdiction over the Black Com
mittee and restrain the men,
berS Of that committee from
making any further disclosures
Of petitioners private papers
and messages which the COM
mietee illegally obtained through
the connivance Of members Of
the Federal Communications
Commission. :"
\ lists ACTIVITIES
Hanson listed activities Of the
Black Committee which were for.
bidden In one court action and
also rebuked by the House Of Rep
reSentativeS when it voted down
Senator Blacks request for a spe-
.cial fund to hire his former law
partner to defend the Committee
against the Hearst suit. He de-
clared:
mo matter how reprehensible
or OdiOus those acts may be, no
matter what the injury result
ing therefrOm or threatened
thereby, the effect Of Mr.. JUS
tice WheaG'S decision is that
the courts Of this country have
no power. to restrain the men,
bers Of Q Senate committee.
"The Senate committee II
stiIl proceeding with its investi-
cation. Il Is in o position to
make further use Of the mes
sageS which it Illegally obtained
through the Illegal acts Of the
Federal Communications Com
mission"
= POWER CHALLENGED
Citing cases, the attorney as
serted that neither branch Of
Congress or an administrative
agency possesses or can be In
vested with a general power Of
making inquiry into the private
affairs Of the citizen"
Citing the famous Supreme
Court decision in the case Of ex
parte Young, the appeal noted
that il the act Of q Federal Off
cial violates the Constitution,
'the office comes into conflict
with the superior authority Of
that Constitution and he is in
that case stripped Of his official
or representative character and
Is subjected In his person to the
consequences Of his individual
conduct" Z
Lacked Authority
The petition assailed the Black
committee members, declaring:
"'They had no authority un-