Evening star., 1944-02-29
Decision Is Delayed on Asking
Daniels Citation for c Contempt
Counsel Instructed
BY Subcommittee
To Draw Up Brief

ullttCC VOuAy pun O1 uIltll 0dtuEuhy
decision on whether to recommend
contempt proceedings against Jona-
than Daniels, an assistant to Presi-
dent Roosevelt, for refusing to an
swer questions yesterday in the
committees investigation of the
Rural Electrification Administration.
Chairman Smith said the SUBJ
committee, after an executive meet
ing today, instructed its counsel.
Carroll Beedy, to prepare a brief
covering the law on the subject and
q summary Of yesterdays proceed
iings, when Mr.. Daniels maintained
that his relations with Mr.. Roose-
welt were Of q confidential ma
ture" and that his testimony would
not serve the public interest"
Senator Smith said the commit
tees course would depend on what
counsel finds, adding, I'VE are go
ing to follow the law. This is test
of the power Of Congress to get in
formation from the executive branch
Of the Government"
Mr.. Beedy said he expected to
have the report ready by Saturday,
and another committee meeting was
tentatively scheduled for then.
In talking with reporters, Senator
Smith left the impression that a
majority of the five-member sub
committee was in favor Of insti-
tuting contempt proceedings.
This is the most serious case ever
to come up before the Congress; !;
there's no doubt about that" Sena-
tor Smith added.
The question before the commit
tee Is whether the law governing
contempt applies to Government
officials the same as to private in
dividuals, Mr.. Beedy said, adding
that the Senate inherited under the
common law the power inherent in
a parliamentary group to punish for
contempt. In 1857 Congress en-
acted law defining such contempt
as misdemeanor and applying to
every person" It so happens, Mr..
Beedy said, that in all court deci-
sions thus far the cases involved
private citizens.
Mr.. Beedy explained contempt
proceeding would have to be insti-
tuted by the Senate itself, on the
request of the committee concerned.
He said the Senate itself could try
the case or turn 1t over to the
district attorney.
Mr.. Daniels, one of the Presi-
dents $10,000-a-year assistants, is
son of Josephus Daniels. Secre-
tary of the Navy under President
woodrow Wilson and later Ambas-
sador to Mexico under President
Roosevelt.
Asked About Slattery's Testimony.
The subcommittee yesterday asked
Mr.. Daniels about earlier testimony
of REA Administrator Harry Slat-
terry, who said he was called to the
White House by Mr.. Daniels early
this month and asked to resign. Mr..
Slattery said he refused to sign the
letter of resignation that was handed
him.
Il have no comment" was Mr..
Daniels reply to a question by Mr..
Beedy as to whether Mr.. Slattery,s
account was true.
Mr.. Beedy read a section of the
criminal law defining failure to an
swer pertinent questions of a con-
gressional committee as contempt
and a misdemeanor punishable by
fine up to $1,000 and a Jail term
of up to one year, but this did not
move Mr.. Daniels.
The presidential aide did say
however, that he had read Mr.. Slat-
tery's testimony of February 16 con-
corning the letter of resignation, but
Mr.. Daniels declared he had no COM
ment to make about this testimony
Mr. Beedy then recalled Mr.. Slat-
terry to testify in the presence of
Mr.. Daniels. The REA head re-
peated his testimony, and Mr.. Dan
iels resumed the witness chair.
rs it (Mr. Slattery's statement)
true or false?" Mr.. Beedy asked.
Il have no comment" Mr.. Daniels
replied.
Refuses to Answer.
do you refuse to say whether it
Is true or false?"
Mr.. Daniels said he did refuse.
Mr.. Beedy then read the law on
refusing to testify before a con-
gressional committee and said:
The statute does not except a
confidential adviser of the President
of the United States, nor does it
say any one in the executive de-
partment may refuse with impunity
to answer any question"
Mr.. Daniels said he respected the
statute and the committee, but that
it was not in the public interest for
him in his position, which was
created by Congress-" to say any,
thing about confidential matters
between himself and the President.
That caused Senator Gillette,
Democrat, of Iowa to remark that
Il thought those jobs were created
for persons with a passion for
anonymity and not passion for
reticence."
do you mean to say that this
committee is not working in the
public INTEREST,"" Senator Gillette
asked.
mo, I would not say that Mr..
Daniels replied.
Daniels Advised by Counsel.
Senator Aiken, Republican, of
Vermont interjected that he en-
visioned this business of refusing to
testify as being carried too far-all
of the 100000 employees of the
executive branch might take the
same position"
Mr.. Beedy asked Mr.. Daniels on
whose advice he was refusing to
testify, and the witness said on the
advice of his counsel, Ugo Carusi,
who is executive assistant to Attor-
ney General Biddle. Mr.. Carusi
sat beside the presidential aide
throughout the hearing.
Mr.. Slattery testified that an at
tempt had been made in recent
years to involve the REA in poll
tics" Without mentioning names,
he said such an ATTEMPT had been