Unanimously Emphatic

Unanimously Emphatic

In 1924, Mally S. ("Mai") Daugherty, small-town Ohioan, banker, brother of the onetime Attorney General, Harry M. Daugherty, refused to appear before a Senate investigating committee. Forthwith, he was ordered arrested on a Senate warrant for contempt. The Federal District Court of Southern Ohio released Mr. Daugherty; said that the Senate was usurping judicial power. Last week the U. S. Supreme Court reversed the decision of the lower court and gave to Congress sweeping powers. In order to legislate effectively, Congress has the right to summon witnesses, compel proper testimony, punish recalcitrant witnesses--said the unanimous,* emphatic and comprehensive decision handed down by Associate Justice Van Devanter. This decision, besides authorizing the Senate to act on the case of Mally S. Daugherty, is of immediate concern to several other gentlemen: Harry F. Sinclair, who refused to answer in the oil investigations; Samuel Insull, who did not tell all he knew concerning the Frank L. Smith primary campaign fund; Thomas Cunningham, who defied Senator James A. Reed in the William S. Vare slush investigations.

*Associate Justice Stone, who succeeded Harry M. Daugherty, as Attorney General, did not participate in the consideration of the case.