Evening star., 1936-03-26
BLACK PINS HOPE
ION LOBBY PROBE
Expects Hearing to Give
a. impetus to Anti.L Lobby.
s-.-
ing Bill.
BY DAVID LAWRENCE.

10 IODDylQg actlVlCleS AZ tIle NdIlOIldl
Capital and throughout the country.
~ Talking with this correspondent yes
tereiay, Black answered a number of
inquiries as to the general purposes OF
his committee and as to the issues
affecting the constitutional rights of
search and seizure, freedom Of the
press and the right Of petition.
''Do you consider" I asked the Sen
ator, that the courts have a right
to limit the activities of your commit
tee in getting evidence?"
'@I do not" was the reply, "and cer-
tainly not while the committee is in
process of conducting its investigation
Again and again the right of COM
mistee of the Senate and House to get
evidence for the purpose of drafting
legislation has been recognized"
But suppose the quest for informa-
ton comes into conflict with the fourth
amendment of the Constitution, which
guarantees the citizen against un-
reasonable search and seizure?"
- Insists on Right to Judge.
ST see no reason" answered Senator
Black, for conflict between the Sen
ate committee and the courts. In the
first place, the Senate and House
have uniformly held that they are to
be the judges of what evidence or in
formation they may require. They
have also taken the position that they
would give protection to the citizen
with respect to his constitutional
rights. If the courts should attempt
to make the decision as to what does
or does not come within the informa-
tion needed by the Senate or its COM
mittees, the courts would handicap a
Senate committee and would be SUBJ
stituting the Judgment of the court
for the judgment of the Senate" =,
Blacks thesis Is that the legisla-
tive body. being coordinate with the
other branches of the Government
restrains itself when it comes to de-
Gliding what is or is not an unreason-
able invasion OF privacy.
But what appeal has the citizen,
I asked, "if a Senate committee or
the Senate or House should conduct
what the citizen feels is an unreason-
able search and Seizure?"
well" remarked the Alabama Sen
ator, 1.-The citizen can make his objec-
ton before the committee and the
Senate can then vote whether to sus-
tain the objection or order the infor-
nation produced, andTthe citizen can
then, if he still objects, ask a court to
determine whether he has been prop
erly held in a contempt proceeding
But my point Is that during the prog
ress Of a Senate investigation the
courts cannot issue restraints upon the
witness who has been commanded to
appear before Senate committee"
Quizzed on Subpoenas.
The Senator was then asked whether
the blanket form of subpoena, which
his committee has been using, was
not in contradiction of decision of
the Supreme Court of the United
States in the famous tobacco case
which has been widely quoted from.
THAT was a case" he commented,
'in which Congress had vested power
in the Federal Trade Commission
which was itself limited as to its right
to make investigations and which
agency was subject to review in the
courts as to the admissibility Of evi-
dence"
do you feel that the freedom of the
press Is limited by the action of a
legislative investigating committee?"
mo one" replied the Senator, "has
any greater respect for the freedom of
the press than have. It generally
has been construed to mean freedom
from any previous restraint, that is,
restraint previous to publication. In
situations in which legislative COM
mittee would have the right to obtain
whatever data it needed for the max
ing of legislation. Also, I feel that
where a newspaper publisher is him.
self a member of the board of direc-
tors or an owner of other corporations
or is engaged in other lines of busi-
ness, the public is entitled to know the
extent of his interests so they may
weigh this relationship with the causes
that are constantly getting his edi-
torial support or opposition.
Explains Scope of Probe.
The next inquiry was as to the scope
Of the investigating committee Of
which Black is chairman. He an
;swered as follows:
g Generally speaking, the aim of our
COMMITTEE is to disclose the secret
smethods that are being used to in
shuence legislation. Anybody who is
ssopen and above board in his connec-
Ftion with legislation should not hesi-
tate to make q public record Of
whether he is being paid for the pur-
spose of influencing legislation. That
lis the main idea of the anti-lobbying
pbill which I have introduced and
which hope will pass"
. The Alabama Senator feels that the
bill that finally becomes law the
sHouse has just reported favorably an
Eanti-lobbying measure sponsored by
Representative Howard w. Smith of
alexandria, Va.-should be broad
henough to cover the activities Of all
rrtndividuals and organizations that
aseek to influence legislation through
persons paid for such purpose. Black
declares that no interference with the
right OF petition Is involved because
Congress would be merely ordering the
Epetitioners to make known whom they
represent and whether they have been
or are to be compensated for their
services and the amounts involved.
Wants Legislative Interest.
- . "There is in this step no infringe
sment," continued the Senator, ION
any aims or ideas. In fact. the citi-
zen should be encouraged in every
proper way to take an interest in
legislation and should let his voice be
heard. But there is a difference be-
Tween citizens honestly interested and
secret or hidden influences and decep-
tive methods used in rnanifesting the
Citizens interest"
q: How long will your investigating
committee continue its present work,
was the final question Of the interview
Mr.. Black replied as follows: