Show WILL STAXD TRIAL A Sensation in Connection With the Sugar Case Washington Nov 13Judge Cole in the district court of the District of Columbia today overruled the demurrer demur-rer in the case of Dr William McCart ney of Washington and K R Chapman Chap-man of New York brokers who refused refus-ed to answer certain questions before the Senate sugar investigating committee com-mittee This was in the nature of a test case and the decision means that Havemeyer Searles and Seymour recently I re-cently indicted and the newspapermen newspaper-men Edwards and Shriver first indicted in-dicted will have to stand trial j Judge Cole recites the facts leading up to the indictment of witnesses ref sing s-ing to answer questions put by congressional Con-gressional committee Concerning the statute the judge says I was not the intention of Congress by that sect to enlarge or attempt t enlarge or define its own jurisdiction jurisdic-tion but to provide a method of punishment punish-ment of a witness who should attempt to impede in the manner stated in that section either House in the lawful exercise exer-cise of its constitutional authority Counsel for the defendants contend in support of the demurrer that the Senate committee had no jurisdiction under the tem of the resolution setout set-out in the indictments to inquire into the subject whether senators had been dealing in the stock of the sugar refining refin-ing company generally known as sugar stocks during the pendence of tie tariff bill in the Senate and that the said questions set forth in the indictments have no materiality or pertinency to any other question before the committee commit-tee and that consequently the da fendants are guilty of no offense In declining > to answer the questions put to them l is not denied the Senate might have jurisdiction t enquire into the subject under certain circumstances and by a proper resolution confer that jurisdiction upon a committee but the object is that the facts and circumstances circum-stances under which that jurisdiction might be exercised do not appear in this resolution Judge Cole then reviews the arguments argu-ments at considerable length and touches upon a number of cases cited by the counsel for the defense prominently prom-inently the HallattTvilbourne case decided de-cided in the United States Supreme court Of the Kilbourne case as applicable ap-plicable to the case at issue he said I would seem to be inappropriate to apply to the Senate the rule governing the jurisdiction of courts and other bodies of inferior special and limited jurisdiction by holding that every material ma-terial fat necessary to confer junrdic tion should be set out in the rcord of its procedings On the contrary time i more reasonable rule wouM stem to be that where the Senate has jurisdiction to investigate a matter for any purpose the presumption should arise that ir intends in-tends to make a final appropriate use of the information obtained in the course of the investigation At the conclusion of the reading of the decision Attorney del Wilson for the defendants gave notice that he would appeal to the District of Columbia Colum-bia Court of Appeals |