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Show KELLER DEFIES VOLSTEAD AND STAYS AT HE Accuser of Daugherty Claims I Investigation Is Mere White Washing REFUSES TO GO ON Committee Issues Subpoena But Lavmaker Fails To Obey Summons WASHINGTON, Doc 15. Representative Repre-sentative Keller, Republican, Minnesota, Minne-sota, failed to appear today beforj the house judiciary committee ln response re-sponse to a formal summons. At h'.s office afterwards, it v. as stated that he hnd decided definitely not to respond re-spond to the subpoena served on him late Thursday after he had dramatically dramat-ically announced his withdrawal from ' fu-1hcr participation before this committee com-mittee In presenting bin Impeachment j charges against Attorney , General 1 Daughertv. CONTEMPT CHABGDt. Whether 1he committee will under-! under-! take to compel his appearance or to ball him before tho bar of the house for contempt will not be decided before be-fore tomorrow', postponement of fur-i fur-i ther proceedings until that time hav-I hav-I Ing been taken at the rcnuc?t of A'-: A'-: torhey Jackson H. Ralston, w ho read ' In a letter to Chairman Volste id '.hat he was representing the Minnesota Immediately there was Inquiry as to whether Mr Keller would appear to- morrow. James 1 1. Yuhoy. an at-: at-: torney of Boston, who presented Mr. Ralnton's letter, .said he was unab'.o to answer that question; that Mr. Keller would act on advice of coun-I coun-I sch EXOI l NOT ACCEPTED. Announcing that Mr. Ralston's letter let-ter asking for a postponement bo-; bo-; cause of the pressing business engagements en-gagements he had made for today ; constituted no "excuse" for the nonappearance non-appearance of Mr. Keller. Chairman Volstead said, and ordered that his i name be called. Tho house sergeant at arms called ' Mr. Keller's name three times, but there was no response C I.l s IT COMIC OPEK j Repi es, utati v'c Ki ller of Minnesota, Minneso-ta, refused lato Thursday to particl-. particl-. pate further In the hearings before the house judiciary committee, on the Impeachment charges brought by him j against Attorney General Daugherty. I Characterizing the hearing as "comic .'opera proceeding." be declared he 'would bo untrue to his responsibility las a member of the house If he assisted assist-ed further In a "bare faced attempt to white wash Harry M. Daugherty." Immediately after he announced his withdrawal, tho committee In open session and without leaving its place, voted to go on with the hearings; to I subpoena Mr. Keller as v,-;tness. put j him under oath and question him as to the basis for his charges of high (crimes and misdemeanors against the Mlumej gCUUIUI. JIT huj oui.i- Imoned formally by the house sergeant ' at arms to uppear before the committee commit-tee at 10:30 a. m. today Tl Ml LT VM I PROAR This turn in tho proceedings came with dramatic suddeness and was attended at-tended h a tumult and uproar seldom witnessed ln a congressional committee commit-tee room After absenting himself much of the day, Mr. Keller appeared with a typewritten statement in his i hand and announced he desired to ! read it to the committee. Ho was refused re-fused the opportunity, but later iiinilo j public the statement. Which dealt ln detail with his reasons for refusing 'to go on and embodied B demand that the committee favorably report his resolution to the house so that he i might present his evidence to an unbiased un-biased committee ln the oroper way. CLAIMS EVIDf NC "I reiterate now." the statement said thai I am in possession of evident h (ample to prove Harry M Daugherty (guilty of all of the high crimes and misdemeanors with Waiicb 1 have charged him." Mr. Keller came Into the committee commit-tee room after a brief suspension of the hearing, requested by Jackson S. Halston, counsel for Mr. Keller, bo that he might confer with the Minnesota Minne-sota representative. When Mr. Keillor Kei-llor asked to be hoard, Paul Rowland counsol for Mr. Daugherty. demanded that the committee proceed with the hearing in tbe regular order agreed upon unless Mr Keller desired to giv testimony, in which event he should I be sworn. I Announcing that he did not have to be sworn. Mr. Keller said his statement state-ment had to do with the "conduct of this hearing." and he demanded the i right to read It. I "Is It your object to lecture the i committee ."' inquired Representative Koodykoontz. of West Virginia "I may."' was the response TOLD TO SIT DOWN i There followed u general hubbub into which Chairman Volstead direct-led direct-led Mi Keller to "Sit down." "look h'-re." shouted the chairman, "you haven't any right to control this proceeding; the committee controls It" Mr Keller Insisted on being heard. Mr. (Continued on Page Two) DEFIES PROBERS OF MOHERW (Con tinned from lagc One ) Volstead again ordered him to take his seat. "Do you refuse to hear?" shouted I Mr. Keller. "Well, wo Tvlll havo you sworn you cannot bullyrag this committee." tho chairman returned. "It is Improper lor you to pay that, rejoined Mr. Keller. "I will fay to you now that ir i cannot be heard on this itati ment i refuse to proceed any more In this hearing. Nor lo I oxpect to present any more evidence. I am thp-iik-li with you until I can present this statement " OLSTEAD FIRES. "That Is Just exactly what W expected ex-pected from you from the start " declared de-clared Volstead. "Mr. Clerk, give us a subpoena for Mr. Keller and let the Brrgeant-at-arma servo it on him. He Is Insulting this committee and trying try-ing to run it to suit himself." j Attorney Ralston thr-n announced that In view of thrt contents of the letter let-ter submitted by Mr. Keller, "there is nothing for mo to do but withdraw my appearance from the committee, which I do, thankinK you for your personal per-sonal courtesy to me." Representative Yates. Republican. Illinois, declared that Keller's course was "a grandstand play, so staged and intended " Several other members declared de-clared that tho hearings should go on :and that Mr. Keller should be sum-moped sum-moped and required to tell about his knowledge concerning his charges !agnlnst Mr. Daugherty Mr Howland also urged that the i proceedings go forward, declaring that the attorney general had a right to de-Imand de-Imand it- Finally the matter was put to a vote land the motion to continue carried, iChalrman Volstead remarking that if 'Mr Keller "cant produce evidence wo lislll .-. nn in Vir.Mt WP rfin." (tl.MS W1IITKW SH. j In his Statement addressed to the committee, Mr. Keller paid ho had made bis decision to have nothing fur-jther fur-jther to do with "theso whitewashing I proceedings" after consultation with his advisers, among them Samuel I'n-termyer I'n-termyer of New York. Along with his statement he made public a letter from Mr Untermyer, v. ho writing under I date of Wednesday, said he "must refuse re-fuse absolutely to have any connection connec-tion with this manifestly biased, prejudged pre-judged 'whitewashing' perf ormanco." ; Mr Untermyer wrote that when he '"realized tho extraordinary way in i which the committee was acting and Was asked to attend the hearings, I refused to do so and adised your friends who consulted mo to urge you to Immediately withdraw from the pro-C( pro-C( I dlnga and to await an opportunity opportun-ity for a full and fair investigation before an Impartial tribunal that would have a public responsibility and would not be so largely composed of ducks.' " "I havo sufficient confldenco In the public intelligence and sense of fair play," tho letter concluded, "to believe be-lieve that tho peoplo will approve your action In refusing to go further before this committee," ho wrote, renewing his complaint of tho hearings of last December 8, Mr. Keller charged that the pOHtponcmcnt had been taken to Isuch a time as the committee know in adancc that my clilof adviser, Mr ,Sainuel Untermyer, would not be able I to be in attendance." COMPLAINTS SET FORTH, j .Mr. Koller then set forth ten specific spe-cific complaints against committee ac-ition. ac-ition. Theso included. "That every Important decision by the committee ns to pioeedure had Ibeon made In secret and without opportunity op-portunity for himself or his counsel I to be heard in advance. "That those secret decisions had operated op-erated to restrict him In presenting his (evidence in tho order in which It could bo most 'expeditiously and effectively' 'presented and that also they had taken I from him tho right to call his wit-jnesses wit-jnesses without fliat notifying the committee com-mittee as to what they would testify "That the committee had failed to comply with his request for the production pro-duction of documents from the Justice 'and other federal departments, to that I he miKht obtain from thtrn in advance i important evidence in support of his charges. "That the committee arrogatod to Itself It-self the light to determine what documents doc-uments Bhould or should not be admitted ad-mitted in evidence by a wocret examination exam-ination of such documents. "That the committee had announced that It would in secret and without opportunity op-portunity for hearing or argument, correct the official rocord by striking out ouch testimony as the committee might deem 'Irrelevant.' "That tho committee had one rule of procedure for tho defense and another an-other rule for tho prosecution "That the hearing room at all times had been "crowded with official and unofficial representatives of the ac idised attorney general; that some of Itheso agents have looked over my shoulder and spied upon m private papers, others havo surrounded my clerks and associates In the room and Spied upon their convi rsatlons and interfered in-terfered with their effort to assist me.' BIAS WD PREJUDGMENT. "That the record of tho hearings 'is full of remarks by members of the jcommitteo that indicate tho bias and I prejudgment of tho case." " 00 |