Evening star., 1955-02-08
High Court Studies
Definitionof' Agency
In BrambIef Case
By Robert K. Welsh


Dictionary definitions as well
as the law on separation Of ex-
ecutive and legislative agencies
concerned seven Supreme Court
Justices today in considering the
payroll "kickback" conviction of
former Representative Ernest K.
Bramblett, Republican, OF Cali
fornia.
The court heard arguments on
the case yesterday afternoon de-
spite a temporary shortage of
attorneys as well as Justices.
Chief Justice Warren disqualified
himself. The tribunal has lacked
a ninth member since last Oc-
tober.
When the Bramblett case was
called for argument at 1:30 pm,
the former Representatives at
torney, Edward Bennett Will
liamS, was absent. The court,
with Justice Black presiding sat
for about is minutes and then
recessed for the 2 to 2:30 pm.
lunch period.
Attorney Apologies.
Mr.. Williams offered apologies.
He explained that through a
misunderstanding in talking with
the court clerks Office he had
been told that the case would
not be reached until today. JUS
tice Black observed there OBJ
viously had been a misunder-
standing.
The Bramblett case. carried
to the Supreme Court by the
Justice Department, involves a
question never specifically de-
cided by that court. Bramblett
was convicted in United States
District Court for the District
of Columbia. The indictment
charged he made false statements
to the Government in falsifying
his congressional Office payroll
accounts and receiving about
$4,000 in "kickbackS" from Mrs.
Irving Swanson, listed as an Of
flee employe.
The statute under which he
was found guilty on seven counts
makes it a crime to make false
statement wilfully lin any matter
within the jurisdiction of any
department or agency of the
United States Government" Ar
guments turned largely on the
definition and scope of the word
agency" and whether it was
properly applied to the legislative
branch in this case.
Left Up to High Court.
Judge Walter M. Bastian tenn
porarily set aside the conviction
last April so that the Supreme
Court could determine whether
the false statements" statute
under which Bramblett was con-
victed applied to the legislative
branch or solely to executive de-
partments and agencies.
Charles F. Barber, special
assistant to the Attorney Cen
eral, and Mr.. Williams disputed
that single issue for two hours
yesterday. At the request of
Justice Frankfurter they will
provide further written argu-
ments on whether the Bramblett
conviction could stand under the
Federal false claims" statute
in event it were disallowed under
the false statements" provision.
Mr.. Barber contended that
Congress and the courts have
long regarded the House Dis
bursing Office as an agency SINH
lar to any executive department
or agency covered by the false
statement" act.
Justice Frankfurter, remark
ing that his question may be
in the realm of the macabre."
wanted to know what would hap
pen if a Supreme Court Justice
put in a false voucher. 4 Mr.. Bar
ber replied that the statute would
cover such a case but would not
apply to judicial functions of the
court or to law-making opera
tions of Congress.
Williams Position.
Mr.. Williams contended that
the House clerk. elected by and
responsible to the House. is not
an agency" of the Government
when he functions as disbursing
officer. The statute, he said. was
never designed to include that
Office.
He cited numerous enact