Evening star., 1936-03-12

message together with the flls copy
| of it.
No Reference to Lobbying.
"The telegram mentioned in said
subpoena had no reference whatsoever
to lobbying. but to series Of editor
ials which the plaintiff directed the
addressee to prepare for publication
in the Hearst newspapers on matters
of vast public imortance," Hearst
stated in his petition. Production OF
the telegram could result in no valid
legislation concerning lobbying or
concerning regulation Of the press, he
stated, adding;
mo agency of the Government has
the power to go on a fishing expedi-
ton into matters concerning the con-
duct of the business of the press, to
obtain messages exchanged between
publishers and their employees, and to
turn such messages over to other agen-
cies for whatever use such agencies
may desire to make of them"
This was reference to an allega-
ton made in Hanson's affidavit to
the effect that the Hearst telegram
was among the more than $4,000
copied by agents Of the Federal Com
munications Committee last October
and turned over to the Lobby Com
mittee.
Blanket Subpoena Issued.
Attention Of the court was called
to a blanket subpoena issued by the
committee last September calling on
Western Union to produce all tele-
grams sent and received between
February / and September /, 1885, by
a number of individuals and COM
panieS.
When Superintendent Kingsbury
questioned the authority of the COM
mittee to acquire the messages, the
committee went to the Communica-
tions Committee, which shortly there
after sent agents into the Offices of
the company, it was stated on behalf
Of Hearst in the petition.
These agents demanded access to
the books and records of the COM
pany and copied thousands of tele-
grams which were of a personal or
privileged nature and had no con-
nection with lobbying, it was alleged.
Hanson contended that the informa-
tion obtained concerning the contents
of such kilograms was gotten in a
highly improper and wholly illegal
manner" and that the committee sis
without legal authority to use such
information, illegally and improperly
obtained" as it was, for the basis for
subpoena particularizing as to the
message in controversy.
Held Constitution Violation.
The subpoena was attacked as
violation Of the communications act,
and as calling for an illegal search
and seizure in violation of the fourth
amendment.
The proposed senatorial action also
would violate the fifth amendment by
depriving Hearst of his property
without due process of law, it was
stated. The subpoena "also consti.
tutes an attempt by a Senate COM
AAAASSSS W C<AC4O 4O4cC EOWCA ONCA NAAC
press and those engaged in the busi-
ness Of the press, in violation of the
first amendment"
The next move was up to the COM
mittee today in its effort to obtain the
telegraphic correspondence Of the Chi
cago law firm Of Silas II. Strawn, for
mer president of the United States
Chamber Of Commerce.
Won't Accept Ruling.
On basis Of statements by
Chairman Black, Democrat, of Ala
bama, and his former law partner,
Champion Harris, who has been en-
ployed as special counsel, the COM
mittee is unlikely to accept as final
the ruling by Chief Justice Wheat.
Informed of the outcome of the in
junction hearing, Senator Black COM
mented: I'VE will go ahead with our
investigation. The rights of the SEN
ate will be protected" He previously
had said that If the local court as
sumed jurisdiction and issued an in
junction, he would take immediate
steps toward divesting the court Of
such power by specific statute.
During the course of the four-hour
hearing yesterday, Harris stated fatty
the Senate would not be bound by
the court order and limited the COM
mittee might still attempt to force the
Western Union Telegraph Co. to pro-
duce the desired correspondence, hold
ing over 1t the threat Of contempt
action.
Against Wire Company.
The injunction was directed against
the telegraph company. which, how
ever, had turned over the defense Of
the case to the committee.
Holding the committees subpoena
goes way beyond any legitimate use
Of a subpoena duces tecum," Chief
Justice Wheat declared yesterday
afternoon that its enforcement would
result in an improper search and
seizure in violation Of the fourth
to the Constitution.
The subpoena called for all mes
sages charged to the account Of the
law firm Of Winston, Strawn q Shaw
from February L to December 1.