Evening star., 1938-02-07
BY WILLIAM S. TARyER.

The contempt conviction March Il,
1887. Of DR.. Francis E. Townsend, eld-
erly head and founder of Old Age Re-
volving Pensions, Ltd. who defiantly
walked out of House Committee hear
ing May 81. 1886. was affirmed today
by the United States Court of Appeals.
Elisha Hanson, who. with Joseph
Contrell. defended Dr. Townsend said
the ruling would be taken to the
Supreme Court. Mr.. Hanson said he
understood Dr. Townsend is now in
Portland, Greg.
Unless the Supreme Court consents
to review the case DR., Townsend must
serve 80 days in Jail and pay a sl0O
fine as a result Of his alleged con-
tumacv.
Justice Stephens Dissents.
DR.. Townsend was convicted after a
three-day trial in District Court in
which he challenged the legality of
the hearing at which he was a witness
and contended that his unauthorized
departure from the hearing was not
'villful."
In l3-paee opinion. written by AS
soc!ate Justice Justin Miller, the ap-
pelate court sided against him on
these and other points.
In dissenting opinion, however,
Associate Justice Harold NJ. Stephens
said he thought the conviction should
be reversed because DR.. Townsend was
not allowed to put in evidence excerpts
from the transcript at the congress
sional hearing.
Entitled to Give Evidence.
The trial court permitted the Gov
ernment to introduce evidence not
merely that the defendant absented
himself from the committee hearings
voluntarily, but also that he did so in
bad faith and with evil intent. Ger
talnly. therefore, the defendant was
entitled to introduce evidence, if any
there was available to him, tending to
prove that his default was not
prompted by bad faith or evil in
tent but was on the contrary. in
good faith based upon his actual be-
llef' that he need no longer attend
the hearings" Justice Stephens stated.
DR.. Townsend's alleged contempt
occurred after he had been subjected
for a day to intensive grilling by a
special House committee investigating
old-age pension organizations.
In advance Of Dr. Townsends ap-
pearance on the stand May 81 he had
prepared a brief written statement,
which the committee chairman re-
FUSED to allow him to read. When he
was told, however, that he might
make an oral statement, he said:
Inquiry Held Valid.
In view of the apparent unfriendly
attitude Of this committee and the
unfair attitude it has shown to me
and the members Of my organization,
deem it my duty to say that shall
no longer attend these committee
meetings. am retiring from this sort
OF an lnquisition and do not propose
to come back again except under ar
rest. And I do refuse absolutely to
make any further statement pertain.
ing to this movement to this commit
tee: Thank you, and good-by, gentle
men,
With that. the pension chief clapped
on his hat and strode from the COM
mittee room.
Justice Miller, in the majority
opinion Of the court, stated that the
. committees inquiry, the validity of
which DR.. Townsend challenged, was
clearly constitutional.
"A legislative inquiry may be as
broad, as searching and as exhaustive
as Is necessary to make effective con-
stitutional powers Of Congress-" Jus.
tice Miller stated.
Action Held Deliberate.
"A judicial inquiry relates to a case
and the evidence to be admissible
must be measured by the narrow
limits Of the pleadings A legislative
inquiry anticipates all possible cases
which may arise hereunder and the !
evidence admissible must be respon-
sive to the scope of the inquiry, which,
generally. is very broad. =.
Within the realm of legislative dis
cussion, the exercise of good taste and
good judgment in the examination OF
witnesses must be entrusted to those
Who have been vested with authority
to conduct such investigations"
The majority opinion held that DR..
Townsend acted deliberately and de-
hantly" and that his attempt to
Justify his actions by the gruelling he
had undergone was not suficient
excuse for his actions.
The court discarded perfunctorily
Or. Townsend's contention that the
contempt statute applies only when a
witness fails to appear and not when
he appears and then leaves without
permission.
DR.. Townsend was prosecuted by
former United States Attorney Leslie
c. Garnett and his assistant, Henry
L. Underwood.