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Show HSNOWDEN 31 A R- SHALL, United States attorney of New York, who is in contempt of the house of representatives. fa ' i 4 M ? ' 7 i 1 II . , :M if HOLD 0. 5. snow H. S. Marshall Technically ! in Custody of Sergeant at Arms of House. NEW YORK, July 19. United States Attorney H. Snowden Marshall was technically tech-nically in the custody of Robert D. Gordon, Gor-don, sergeant-at-arms of the house of representatives, tonight, after his writ of habeas corpus, preventing his removal to Washington to answer for alleged contempt con-tempt of the house, was dismissed by Federal Judge Hand. Mr. Gordon is not in the city, however, and Mr. Marshall is not actually in his charge. After a conference with his attorney, former United States Senator John C. Spoon er, the federal attorney announced that he would at once file with Judge Hand an application for a stay of execution, execu-tion, which will enable him to appeal in tho supreme court of the United States. Should the stay be refused, Mr. Marshall will go to Washington voluntarily. In his decision, Judge Hand held that the house of representatives acted within its right in voting- Mr. Marshall in contempt con-tempt on the ground that his criticism of the house was made public during an investigation in-vestigation into charges against Representative Repre-sentative Frank Buchanan and others because be-cause of their connection with Labor's National Peace council. This organization organiza-tion was alleged to have fomented strikes In plants manufacturing munitions for the entente allies. "While there is no actual decision on the .chief point raised," 'the opinion said In part, "it seems to me there is both reason and precedent for the position that the house, while deliberating upon articles ar-ticles of Impeachment, has jurisdiction to determine whether a publication is a contumacious assault upon its freedom of action." |