Evening star., 1937-06-12

libel when they make defamatory
statements during authorized proceed
ings, but the question has never arisen
In the courts so far as known as to
whether members Of Congress are i'm
mune from civil action or whether
newspapers are free from suit il the
legislative proceedings themselves are
Of doubtful constitutionality.
Not so long ago the Court of Appeals
of the District of Columbia held
that late Senator Huey Long was
answerable In court for having caused
to be circulated outside of the halls
Of Congress something which he said
on the floor Of the Senate. Up to that
time it had been supposed that a
Senator could circulate his own re-
marks and enjoy the same immunity
~ he does during debate in Congress
But while the rights Of a member
Of Congress to injure the character
of citizen by claiming constitutional
immunity and privilege for what he
says on the floor are generally upheld
by the courts, the questions arising
out Of congressional Investigations are
not 30 clear. Thus at one time the
Supreme Court Of the United States
upheld civil action suing the sergeant
at arms Of the House of Representa-
tives for imprisoning a witness who
refused to testify because the pro-
ceedings Of the House committee were
unconstitutional. Damages were re-
covered. Likewise individual suits were
filed against members of Congress at
the same time.
Usurping Courts Authority.
Wherein may the hearings to be
held next week by the joint con-
gressional committee touch the border
line Of constitutionality?
In the first place, congressional
committees cannot act as substitutes
for the courts. Citizens guilty Of
violation Of the tax laws or any other
laws have q right to be accused, tried
and judged BY the judicial branch of
the Government and any usurpation
Of the rights OF the courts by con-
gressional committee is subject to at
tack on constitutional grounds. Thus
Ina famous case (Kubourn VS. Thomp-
son) the Supreme Court of the United
States dealt with the effort of House
committee to get evidence of vio-
lation Of the bankruptcy laws and
claimed that the purpose was to Sc
cure data on which to legislate. The
Supreme Court held the proceeding to
Be invalid and that the committee
had no lawful authority to require
testimony. Here is what the court
said:
The Constitution declares that the
judicial power OF the United States
shall be vested in one Supreme Court.
and In such inferior courts as the
Congress may from time to time Or
dain and establish. II what We have
said OF the division Of the powers Of
the Government among the three de-
pArtments be sound, this is equivalent
to q declaration that no judicial power
Is vested IN the Congress or either
branch Of It
A judicial Power.
'If the investigation which the COM
mittee was directed to make was judi
cial in It's character, and could only
be properly and successfully made by
court Of justice, and If it related
to = matter wherein relief or redress
could be had only by judicial pro-
ceeding, We do not deem 1t necessary
to discuss the proposition that the
power attempted to be exercised was
one confided by the Constitution to
the judicial and not to the legislative
department OF the Government. We
think it is equally clear that the power
Is judicial and not legislative.
The situation next week is this:
Certain citizens are alleged to have
evaded or avoided the laws on taxes.
If they avoided" the taxes and COM
piled with the letter Of the law. they
committed no crime. If they "evaded'
the law and failed to pay taxes, they
are subject to prosecution.
But who is to determine the bor-
derline? Are Congressional COM
mittees to try citizens hereafter to
determine whether or not they have
complied with a law? The principle
1t will be seen, is much broader than
the fate Of the few individuals. how
ever selfish they may be, in their at
titude toward the payment Of taxes.
Might Claim Conspiracy.
Likewise the principle OF whether
congressional committee may pill
lory a citizen who has avoided the
Law. but who has committed no crime
k broad enough TO bring into the
forefront OF attention, whether news
papers and radio stations have q
right TO impute lack of integrity or
any charge Of Improperly TO the in
dividual who is DETAINED by the
members Of the committee through
their direct questions or innuendoes
Thus 4 member of Congress may
libel citizen and get away with /,
because the constitutional immunity
Is wide, but in reporting the incident
there must be fairness SO that the
contrary statement or evidence oi
the citizen in his own defense i
given equal attention. The fact tina,
ex parte attacks are made in = morn.
ing session, for instance. and the
defense is not offered until late ir
the day or the next day imposes new
responsibilities on those who wish
to present q fair report" Likewise
the habit of members Of Congress
in imparting information before +,
committee hearing begins, or aftel
1t has recessed, carries with it othel
dangers for those who report th'
imputations OF lack OF integrity tina
may be leveled against the taXpay'
ers in the list selected for public
condemnation next week.
In the main the right OF Congress.
to investigate so as to secure data TO,
purposes Of legislation is unlimited
but 1t might happen that the taxpayer,
whose regulations are damaged o,
who are held up to public contempt b,
politically minded members Of Con.