Evening star., 1936-12-20
SENATE URGED TO RETURN
WIRES COMMITTEE TOOK
Opportunity Seen for Chamber to Help
Preserve Popular Respect for
Congress by Self-Restraint.

OF belated repentence on the part OF
the Communications Commission.
The Communications Commission
came before the court, acknowledged
that 1t had done what Mr.. Hearst
charged. acknowledged in effect that
it had been acting illegally. And "the
commission by formal resolution re-
scinded its original order" and stated
that mo further examination was
then planned or contemplated"
This action and promise by the
commission was accepted by the court.
Because Of that promise the court de-
cided there was no occasion for it now
to issue an injunction against the
Communications Commission. The.
court implied that If the Communi-
cations Commission had not volunta-
rily desisted, the court would have is
sued an injunction, and that the ap-
plication for an injunction could be
raised again upon any evidence of
further activities in the respects men,
toned"
The court then turned to the sec
ond of Mr.. Hearst's requests-the re-
quest that the court enjoin the Sem
ate committee from making use of the
kilograms already delivered to it by
the Communications Commission. The
court stated that the Senate COM
mittee's possession of Mr.. Hearst's tel
egrams had been acquired by an lie
legal act: I'VE are of opinion that
the Senate committees possession
Of the kilograms had been acquired
by a method which was without au-
thority of law"
Refuses to Enj0in Committee.
Nevertheless the court declined to
enjoin the Senate committee from
making use of the kilograms which
it had illegally acquired. This re-
fusal the court put upon the loftiest
ground. I quote in part the decision
Of the Court of Appeals:
The Constitution has lodged the
legislative power exclusively in the
Congress. II court can say to the
Congress that it could use or could
not use information in its possession.
the independence of the Legislature
would be destroyed, and the constitu-
tional separation of the powers Of
government invaded Nothing is bet-.
ter settled than that each of the
three great departments of govern
ment shall be independent and not
subject to be controlled directly or
indirectly by either of the others.
-. Legislative discretion in discharge
of its constitutional functions, wheth-
er rightfully or Wrongfully exercised,
is not a subject for judicial interfer-
ence."
The Senate committee is in posses.
sion of thousands of kilograms TO
and from hundreds Of citizens. 1t
got its possession Of these kilograms
by an illegal act. The courts, how
ever, feel-and practically every one
will agree that this is a high-minded
attitude on the courts part-that the
courts can do nothing about 1t. The
citizens whose kilograms were seized
are suffering from a wrong, a wrong
which continues 20 long as the Sen
ate committee retains possession OF
their kilograms. 1t is wrong which
can only be cured by restoration Of
the kilograms to their rightful own
ers, and by willingness of the COM
mittee and of the Senate not to make
use of the information they illegally
acquired.
Here then are many citizens suffer-
ing a wrong-but without any legal
redress for that wrong. Suppose q
citizen decided that since the courts
cannot redress this wrong, he will
redress 1t himself. Suppose that q
citizen should walk into the Office Of
the Senate committee. locate the tel
egrams which are his property and
which the Senate committee possesses
unlawfully. and walk out Of the COM
mittee's office with his property in
his hands. What then would the
courts do?
| Committee Should Restore kilograms.
But do not suggest that course, for
that way lies anarchy. There is a
better way. The better way lies with
the Senate committee The better
way is for the Senate committee to
voluntarily restore to the owners the
kilograms of which the committee is
| in illegal possession And If this course
| does not occur to the Senate com-
mittee, 1t lies with the Senate itself.
! For as the court says, the kilograms
actually ARE in the hands of the
Senate for the committee is part Of
the Senate"
Here Is an opportunity for the
Senate to help preserve popular re-
spect for Congress by an act Of self
restraint, of conformity to law and
to the average mans sense of justice.
The Senate Is in a peculiarly respon-
sible position. The powers it possesses
are at all times subject to abuse, and
in this respect have been abused.
The court in its decision admitted
that the ground 1t took, its refusal to
interfere with Congress, opened up a
wide field of possible abuse by Con-
gress. But, said the court, "if this
Is the acknowledgment of power
whose plentitude may become cata-
clysm, then the answer is that the
Congress is as much the guardian OF
the liberties and welfare of the people
as the courts" (The court put those
last words in quotation marks. 1t did
not indicate from what source the
quotation is taken. think, from my
own memory, that the quoted words
occurred In an opinion by Mr.. Justice
Stone Of the Supreme Court)
Finally the court gave q respectful
hint to the Senate: The assumption
may properly be indulged that, at
tention being called to the unlawful
nature of the search, the Senate will
not use its proceeds in disregard Of
appellants rights" ...
| CCopyrxht, 1861 IN