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Show LAWMAKERS-:-DEFfJll Washington, Feb. 10. Whether a court at law has pawor to summon' before be-fore 11 a committee of congress was the chief subject of discussion- before the senate and house today. Tho senate gave positive Instructions Instruc-tions to Senator Reed Smoot, Jonathan Jona-than Bourne and Duncan Fletcher not to respond tomorrow to the order Issued Is-sued by Justice Wright of the supreme court of the district of Columbia, directing di-recting them to appear before him The proceeding grew out of a suit Instituted by the Valley Paper company com-pany of Ilolyyoke, Mass , as the result of the committee's award of a con tract for furnishing paper for the government gov-ernment printing office. The refusal of the senate was based on the plea of the constitutional prerogatives pre-rogatives of members of congress. Tho senate took the posltlou that as It was a co-ordinate branch of the government govern-ment the court had no right to Inter fere with Its . business. Incidentally the question was raised as to whether j Justice Wright was in contempt of the senate or whether the senate waa in contempt of Justice Wright Senator Nelson sought to have the resolution adopted by the senate so amended as to permit the senators to appear only to test tho court's Jurisdiction Juris-diction and said that if the recommen-i recommen-i datlons of the judiciary committee I were correct, Justice Wrlfht might be I called before the senate for contempt. Mr. Nelson did not detend tho court's jurisdiction, but said that, as the printing committee had acted under un-der n statute aud not as the ordinary Instrument of congress there . was ground for trouble. Senator Root took the position that the action of the court was an encroachment upon the independence of the senate. Sustaining Sustain-ing the action of tho court , on the ground that a printing award was an adralnisirative rather than an Icgis-latlve Icgis-latlve act, Mr. Sutherland advised the committee to appear In court and plead their privileges. The Nelson amendment was voted down. 14 in .13. the original committee commit-tee resolution being adopted without division, and was another resolution directing tho secretary of tho senate to communicate the views of the senate sen-ate to the court. |