OCR Text |
Show CONGRESS AND THE COURT. That is a very sorious question, it would almost seom (hat it was an impossible im-possible quostioh, which has been raised by (ho granting of an order by Justice Wright of (ho Supremo Court of (ho TJislrict of Columbia, directing certain Representatives and Senators to appear bo fore him to answer with respect to tho letting of a contract for supplies for tho Government printing office by them under (ho authority of the two Houses of Congress. At first blush, if would appear that this order of Justieo Wright is clearly II II lll'Vnt.-iin n C tl.n rIM.U J' r .".i.uii v.. iiiu in v uiiirna, and absolutely groundless in law. The opinion of Senator Root to that, effect, is entitled to great woighl, and the suggestion sug-gestion made in the Senate, thai Justice Wright is in contempt of tho Senate in issuing tho order is ono that cannot lightly bo dismissed. "For, if Congress-is Congress-is not entitled to proeeed with tho transaction trans-action of its business, either in tho letting of contracts for supplies or otherwise, other-wise, if the action of Congress is subject sub-ject to interference by tho courts in tho moro mailer of Ihat. procedure, then Congress would appear to be bound hand and foot by tho Judicial Department of tho Government. It is truo, of courso. that tho courts pass upon Iho validity of statutes enacted en-acted by Congross when their validity is challenged; but that is a different matter. Practice in that respoct is well recognized and soil led. But. here is a u,m v iMiiuaa, himpiy in uic or dinary transaction of its business, lots a contract for supplies. U is part of tho daily routine of Congressional work. To imagine that a court can step in and interfere in that, would seem to be an oncroachnicnl upon tho rights nnd privileges privil-eges of Congress, and to destroy its liberty of action. The Sonnlc refuses to answer to Justice Jus-tice Wright; the House consents to answer. an-swer. So that wc have, in tho two Houses both' sides of the position. The House will probably plead tho privileges belonging to it and its members of freedom from interference in tho regular regu-lar transaction of tho public business. Lf tho court rules against this it will bo interesting to ascertain what remedy it proposes to apply that will not be a direct infringement upon the rights and liborf.ies of tho House nnd its members. While on thc other hand if the court holds tho Sona'to in contemn! for refusing to answer at all, it will be rather curious to soo how the court will propose to onforco its order, or vindicate itself from contempt. It is hardly conceivable that a prc-emptory protest would be sent against the Senators; Sena-tors; and when the Representatives from tho Houso havo answered and pleaded tho privileges of tho House, thoy should drop the matter and depart, it is not easy to see what tho court could do about, it. The pco-lo of the country at large would certainly not relish a potty judge in tho District of Columbia undertaking to interfero with their Senators and Representatives in tho matter of official judgment and procedure, pro-cedure, and if such a right is claimed thero will bo undoubtedly a corrective applied that will deprive, ahy potty court, merely by reason of its locnl position, posi-tion, from any idea that i(. can interfere inter-fere with the representatives of the pooplo from tho States and from the population of the whole Nation. The business of Congress affects tho whole people, nnd it is impossible that the transaction of that business should be subject to the interference or control of a local court of tho District of Columbia, Col-umbia, which Congress can abolish in a day if it so wills. |