Evening star., 1936-05-23

,, realized that in
one famous case
the sergeant of arms of the House
was ruled by the Supreme Court of
the United States to have acted i'm
properly in arrestlng a witness who
was being interrogated on matters that
in no way concerned the rights of
Congress.
The matter under discussion in that
case related to a bankruptcy proceed.
ing In which the United States Gov
ernment had direct interest because
# was a creditor. The witness was
asked to disclose his associates in
q financial transaction, which the
Federal Government claimed was a
giving OF preference to one creditor
over another-clearly on the surface
. relevant piece of information.
When the witness refused to dis
close his associates, the order for
arrest came upon the direction of
the House of Representatives itself,
but the Supreme Court held that
enforcement of the laws of the United
States-that is whether as in this
instance the witness had violated the
bankruptcy statutes-was matter for
the Department of Justice and not
the Congress.
Parallel DiscernabIe.
Somewhat parallel is the situation
OF DR.. Townsend. If he has violated
any law if, as alleged, he has used
fha mails IN dafro,d in onu mov-thje
is a subject over which the Depart
ment of Justice has the power to
prosecute. There is no right inherent
in any congressional committee to
seek evidence of law violation, though
1t has the same right as any other
citizen or institution to call such
possible law violation to the attention
Of the Department of Justice.
The theory back of the Supreme
Courts ruling is that only one branch
of the Federal Government possesses
the judicial power. 1t cannot be pos
sessed and exercised by the legislative
as well as the judicial. The founding
fathers were careful in the Constitu-
tion to say the judicial power was
vested in the courts and while Con-
2ress creates the courts and provides
for their maintenance, it cannot usurp
their functions.
AS pointed out in these dispatches
when the Townsend investigation was
started, the question of constitutional
rights is just as precious whether they
are violated in the case of DR.. Town
send whose pension plan is considered
unworkable by this correspondent or
whether they are violated in respect
to anybody holding any other views
with respect to pending legislation.
Suppose Labor Involved.
Were the Congressional Committees
to take high handed attitude toward
a labor leader, for example, or some
one else in much higher favor nova
days with public opinion than is DR..
Townsend, there would be consider
able protest. Yet what is not always
realized is that q precedent once es-
tablished rises to plague every other
citizen when he comes before a Con-
gressional Committee.
The House Committee has under
taken to discredit DR.. Townsend and
his own activities. 1t has not in
quired into the merits of his plan.
II has really pursued q line Of ques-
tioning designed to bring out that he
or his associates personally benefited
by the operations Of the campaign to
bring about old age pension legisla-
ton.
But If Congressional Committees
were uniformly inquisitive they would
flnd that many a movement which is
considered proper. because the legis-
lation Is In line with some group de-
sire. has paid executives and even
money raising staffs that benefit by
the movements in question. There is
no violation of law unless in soliciting
funds through the mails a misrep-
rcsentation is made and unless 1t can
be proved that the statements were
made with an intent to defraud.
These are questions for a jury to
determine In Q duly conducted trial.
Tax Returns Dragged Out.
In pursuance of the plan to dis
credit DR.. Townsend, If possible by
publicity, the Congressional Com
n1ittee obtained through President
Roosevelt a copy of the income tax
returns of some of the leaders in the
Townsend movement. Heretofore it
has been assumed that these income
tax returns were made available to
Congressional Committees only to
learn whether the taxes were properly
computed or whether In q general
sense they had bearing on revenue
legislation. In this instance the in
formation was made available for only
one purpose--to aid the effort to dis
credit the leader of movement which
has been rapidly developing into a
political inStrumentality.
The conclusion Is inescapable that.
II DR.. Townsend or his associates have
violated the laws of the United States
either in using the mails improperly |
or in failing to make proper return |
of their income taxes, the executive |
agencies Of the Government are the |
ones to make inquiry and indictment, |
not the Congressional Committees. |
But so great Is the feeling In Con- |
gress against the political tactics of |
the Townsendites that 1t would not be |
II the persecution tactics
were condoned. In the end, DR..
Townsend will take his case to the
courts no doubt and maybe a couple
OF years from now his rights will be
defined. Meanwhile the adverse pub
licity will damage his cause.
tCopyrisht 1880