| Show NICE QUESTION BROUGHT UP I Washington Feb 10 Whether a acourt acourt acourt court at law has power I ower to summon be before before before fore it a committee of Congress was the chief hief subject of discussion slon before the Senate and House today to n The Senate gave positive Instructions to Senators Reed Heed Smoot Jonathan Bourne and Duncan Dunean Fletcher not to re respond spend spond tomorrow to the order issued by Justice Wright right of the time supreme court of the time District Di of Columbia directing i them to appear before him himI I The proceeding grew out of a suit in instituted instituted Instituted by b time the Valley Paper Paler company of Holyoke Mass as a the result of the committees award of a contract contrat for furnishing paper for the government printing office The refu refusal l of f the Senate was based on out the time plea of the constitutional pre prerogatives of members rs of Congress The Senate took time position that as it was wasa a coordinate branch of or the time government nt the hf court had no nn right to interfere with its Incidentally the question was raided raiel rai as is to In Justice Wright right was in of It the Senate or Washington ashington Feb 10 Under pos pea positive instructions of the Senate Senators Smoot Bourne and ami Fletcher the Senate members mom bels of the joint printing committee of Congress will not respond tomor tomorrow J row to the rule issued by b Justice Wright of the time district supreme court requiring them to appear be before before before fore him Their refusal will be C CC C based on the constitutional pre prerogatives prerogatives C CC C of members of Congress C CC C as construed by the Senate C CC C The House late tonight adopted C CC C the majority report of the time judiciary r C CC C committee recommending that the time C CC C House members of the joint com corn committee C CC C on printing obey obe the sum C CC C of the district supreme court C CC C to appear before it in mandamus C CC C proceedings tomorrow The House C CC C adjourned at 1146 p m mn C whether the senate was in contempt of Justice Wright Nelson son sought to have the resolution adopted by b the senate so BO I amended as to permit the time senators to tl appear ap al only to test the courts juris jurisdiction jurisdiction jurisdiction diction and said if the of the judiciary committee were correct Justice Wright right might be called before the time Senate for contempt Mr Ir Nelson Kelson did not defend the time courts COUltS jurisdiction but said gRid that as the print printing printIng printIng ing committee had acted under tinder a stat statute statute ute ut and not as the ordinary instrument of Congress on there was WIS ground for doubt Senator Root Hoot took the position that the action aton of or the court was an en encroachment upon the independence in of the Senate Sell atE Sustaining the time action of or the court on the ground that a printing award was an administrative rather than an leg legislative legI legislative I a at t Mr Ir Sutherland rland advised the I t 1 appear in court and plead their ir privilege Senator Bacon said the exercise by bythe I Ithe bythe the court of such power lOwer as HS s it claimed would overthrow the powers of the leg legislative department Time The Th Nelson amendment was as voted d down down own 14 to 45 the tIme original committee resolution being adopted without di dl division vision as at watt wal another resolution direct directing directing ing big the th secretary of the Senate to io com corn communicate communicate the views of the t e Senate to the court There was a greater division of opinion opinion ion ton in the House as to whether in Iii this particular case cale the time court was authorized to summon its it members The judiciary committee brought in two reports The majority report recommended a compliance ance with the summons on the ground that the committee was not summoned as members mem of Congress but while act acting acting actIng I ing under authority of or a statute enacted I b by Congress on gress The Time majority therefore recommended that Cooper Oper of Continued on Page Two j I jI NICE E QUESTION IS RAISED MUSED IN CONGRESS Continued from Page One Pennsylvania Sturges of West Vest Virginia and Finley of South be in instructed instructed to appear in court The minority report in which Chair Chairman Chairman Chairman man Parker joined Mr Ir Clayton of Ala Alabama Alabama Alabama bama and Mr Henry of at Texas tool the opposite view claiming the Joint committee on printing was acting in a legislative capacity They recommend recommended ed either that the committee be in instructed Instructed instructed not to respond to the summons or that the resolution re recommended by bythe bythe bythe the majority be amended so as to in instruct Instruct members of the printing com corn committee committee if necessary ary to prosecute an ap appeal appeal appeal peal or writ of error from any Judg Judgment judgment judgment ment therein In addition to Joining In the minority report Representative Clayton of Ala Alabama Alabama Alabama bama offered a resolution declaring that the district supreme court had unlawfully unlawfully fully invaded the constitutional privileges privIleges privileges of the House that it was with without without without out Jurisdiction to hale Into court members of the House and instructing such members to ignore the summons of ot the court An extended debate on these reports followed their presentation to the House and at a recess was taken until S 8 that final action might be had before adjournment Debate on the question continued at atthe atthe atthe the night session of the House until 1145 11 45 when Representative Brantley of at Georgia moved the previous prey ous question Mr Clayton then demanded the ayes and noes on his question which was granted and the call begun |
