The Washington times., 1936-03-14
HANSON FILES
INJUNCTION
PETITION
Continued from Page ~


tion, which must be answered with.
in five days. After the answer
the motion can be heard on two
days notice.
Chief Justice Alfred A. Wheat,
several days ago, declined to issue
temporary restraining order
without having heard the case on
its merits and action taken today,
If successful, will have the effect
of restraining the telegraph COM
pany from turning over to the
Black committee the original of
the telegram, a copy Of which is
already in possession of the COM
mittee.
It is alleged that the committee
IS in unlawful possession of the
copy, which was obtained through
the Federal Communications Com
mission.
Four Points Cited
Four points are relied upon by
Mr.. Hanson in support of the
motion.
First, he makes the claim that
the company cannot lawfully dis
close the contents of the telegram
in question in the absence of a
lawful demand.
Second, it is pointed out that
the subpoena in question is not a
lawful demand because the Senate
resolution which purports to al
thorize issuance of the subpoena
exceeds constitutional limitations
by authorizing the committee to
investigate matters over which it
cannot legislate.
It is also claimed in support of
this point that the information
upon which the subpoena is based
was obtained in an unconStitu-
tional manner. The Federal Com
municationS Commission, in viola
ton of the fourth amendment of
the Constitution, obtained a pur-
ported copy of the telegram in
question and turned it over to the
Black committee, it is claimed.
The third point is that the tele-
gram sought by the subpoena has
no bearing upon the subject mat
ter of the Senate investigation be-
cause it has no reference whatSo-
ever to lobbying but to a series of
editorials which plaintiff directed
the addreSSee to prepare for pub
lication in the Hearst newspapers
on matters of vast public impor
tance," and that it was sent in
%hA FasIirA Af thu kJ1Si-
ness of publishing newspapers and
pertaining to the business of the
plaintiff as publisher of news
paper of newspapers.
Freedom of Press
Freedom of the press is raised
in the fourth point, which COM
plains that the production of the
telegram and disclosure of it's con-
tents is an interference with the
guarantees of the First Amend
ment to the Constitution. Con-
gress has no authority to legislate
on the subject of editorial express
sion in the press, it is said, and
has no authority to place restraints
previous to publication, on the
papers"
Therefore. Mr.. Hanson says,
Congress has no authority to in
vestigate the business of the press
because it can enact no valid legiS-
lation on the subject.
Members of the committee
would not disclose what they in
tended to do in reply to the
Hearst action. They simply re-
iterated that the investigation
would go forward publicly on
Monday. and that they would do
everything possible to bring
speedy approval of their newest
resolution for $4,000 of addition
al funds.
There were indications that not
all of the seven members of the
communications commission ap-
proved the Senate committees
move last fall in requesting the
commission to examine telegraph
company files and copy messages.
However, this will not be brought
out until the commission re-
plies to the latest Hearst suit.
Black Sarcastic
The committee chairman, Sen
ator Black CD of Alabama, met
the new court actions with terse,
sarcastic comment, although he
would not divulge his plans. He
said:
"It is not surprising that the
Liberty League, Hearst and
others who consider themselves
bigger than the Government
should attempt to enjOin the
Senate. The Senate committee
was appointed by the Senate
as its representative, and, of
course, if the Senate commit
tee can be enjOined, it would
logically follow that the Sen
ate could be enjOined."
The Senate audit and control
committee, to which was referred
the committees resolution asking
additional funds, was not Schde-
uled to meet until next week,
due to the absence of it's chair
man, Senator Byrnes CD of
Souths Carolina. Until then, ap-
parently the lobby situation.
which has boiled with interest
throughout the past week be-
cause Of legal action against the
investigators. was to remain in
status quo.
"SaVe Children"
HAGERSTOWN. Md, March