The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1936-03-26


If it is going to enact legislation to
correct evils, it must be equipped with
such powers. But the point is that in
seeking such information, the senate
has consistently permitted its COM
mittees to act in a fashion that can be
described by no other word than out
rageous. have watched them over a
period Of nearly twenty years and sell
dom, if ever, has there been an impor-
tant investigation that did not degen-
crate sooner or later into condition
that savored of police court practices.
Respectable citizens have been SUBJ
poened, have gone before the commit
tees willing to tell their complete
story, anxious to cooperate and have
found themselves treated as outlaws
and criminals. This situation has be-
come so prevalent in senate investiga-
tons that when any citizen is SUBJ
poened to appear before senate in
vestigatiOn these days, his neighbors
and friends begin to ask each other
what crookedness is involved. In other
"oiuS, thC pSy ShOloSy VI lhC SCholC III
vestigation, as it has developed
through the last fifteen or twenty
years, has become one that reverses
the constitutional right of an indi-
vidual that he is innocent until he is
proved guilty.
For several years, there has been a
bill pending in congress designed to
prevent, or at least reduce, lynchings.
The theory back of it is that many
times innocent persons have been
lynched and that every one has right
to trial by jury in properly consti-
tuted court. Over across the Atlantic
ocean, dictators have operated and
have employed the "blood purge" the
summary death sentence or the execu
ton without granting the accused the
right of defense. Undoubtedly some
persons guilty of murder or rape have
been lynched; undoubtedly the blood
purge" by the Nazi rulers destroyed
some bad characters and undoubtedly
the summary executions by the Soviet
or the Fascists of Italy have provided
death for individuals who were Tester
ing sores to humanity, but there can
be no doubt that in the case of the
lynchings or in the case of the blood
purge" or the summary executions,
many innocent persons have had their
lives. snuffed out,
So it is with senate investigations.
Undoubtedly they have uncovered some
dirty crooked dealings. Undoubtedly
they have brought to public attention
activities and conditions that ought to
have been exposed. Yet, the fact re-
mains that nearly all of our people are
decent people, law abiding and self
respecting. And when senate investi-
cations go beyond proper limits they
approach, If they do not wholly be-
come, tyranny.
In defense of Senator Blacks action
in the lobby investigation, think it
can fairly be said
Not Wholly that he is not wholly
to Blame to blame if he has
gone further than
any other in the program of inquiry
and prosecution upon which he has
launched. Little by little, bit by bit,
the senate has arrogated to itself au-
thority hitherto not used by it. Little
by little, it has encrOached upon what
the courts and in like manner it has
taken unto itself powers hitherto sup
posed to have been exclusively re-
served to the executive department of
government.
1t would seem, then, that If other
senate committees had established the
precedent, Senator Black could prop
erly use the same methods. The trou-
BILE in his case is that he did not stop
at limits previously set, discreditable
as those limits were, but went beyond
them.
To repeat, there is every indication
that some good will come out of this
circumstance. Important men and bril-
liant lawyers and great organizations
like the Chamber of Commerce of the
United States, the National Association
of Manufacturers and the American
Liberty league have taken note of the
steadily expanding power claimed by
the senate. This means that the ques-
tons involved will get into the courts.
1t is to be hoped that they will be
presented to the courts in such a man.
ner that the questions may be finally
and lastingly answered, that the pow
ers of the legislators may be delimited
and that a definite expression may
come from the judiciary that will de-
termine whether members of the house
and the senate can serve at once as
legislators, judges and prosecutors.
G. Western Newspaper Union