| Show ARE AMENABLE TO Contest Over Authority Between Courts and Congress Before District Supreme Court QUESTION MOST IMPORTANT Can Call Committee be Com Compelled pellet to lo Ito Re Rescind Its Ac Action on mid Consider A Lower Dill Washington Feb The great question ot of authority ot of one branch branchat of at the government over another was argued to today a In the supreme me court ot of the District or of Columbia with prece precedents precedents dents dating from the thc days ot of Chief Chic Justice The mere merc mandamus proceedings of oC the tho Valley Paper company or of Mass against the joint congressional committee on printing evolved Into a contest of authority between n the tho courts and Congress and the foundations were laid In a caw case as historic as any In thu annals ot of the judiciary the printing committee can be by a court to rescind its action on purchases of at paper for the tho public printing and take k Into c the bl bid of tile the Valley Paper company compan is the immediate question Whether hether Congress and Its members In their official capacIty and clothed with constitutional immunity are amenable to the law Ian will be the ulti ultimate mate mato one counsel on each side HIde Is l ready ad to admit Today senators of oC the tho printing committee com committee continued In ht theIr attitude to ignore the tho summons of the tho court on the tho grounds that It was without jurIs jurIsdiction jurisdiction diction The They were not present or represented by counsel They are aro Sen Senators atols Root Roat of Now lew York Smoot or of Utah antI and Fletcher ot of Florida The members ot of the committee from tha th house however Allen F Cooper of at Pennsylvania George C Sturgiss or of West Yest and David E Finley or of South Carolina occupied seats In the front ro ron of the spectators and ond were represented collectively and b by a battalion ot of counsel The department of justice was represented for tho first time line to contest the tho jurls diction of the court The meat of at the commIttees plea tn In answer to the tha paper papel manda mandamus mus was waI tho compans bill was not the lowest and In the 1 cst best Interests ot of the tho government and that It railed failed to comply with certain legal tics Upon tho question of Its relation to the tho court however the graver graer conten contention tion was made that the members of the printing committee wore were not clothed with tho constitutIonal con conferred upon them by theIr membership In Congress In that they the dId not act In Inno ina no a ministerial capacity and tha that the stripped ot of Its prImary tea fea features turfs tures was not a mandamus agaInst the printing committee at all but really a mandamus from the court ot of the District ot of Columbia to Congress Itself The Thc committees plea was that ILS as ILSa asa a committee Its members did the same work whIch Congress It itself elt could do upon the tho floor ot of both houi houses es It if It chose to do so Justic Wright said he would hand down hIs decIsion on Monday Monda This presents It a situation entirely ne nein new newin in American jurisprudence with the possibility of the three UnIted States senators being adjudged In contempt ot of court and with tine the possibility of a supreme court Murt justice being accused by Congress |
