Replies

U.S. Supreme Court
Jurney v. MacCracken - 294 U.S. 125 (1935)

CERTIORARI TO THE UNITED STATES COURT OF APPEAL

FOR THE DISTRICT OF COLUMBIA

Syllabus

1. The power of a House of Congress to punish a private citizen who obstructs the performance of its legislative duties is not limited to the removal of an existing obstruction, but continues after the obstruction has ceased or its removal has become impossible. P. 294 U. S. 147.

Held in this case that the Senate had power to cite for contempt a witness charged with having permitted the removal and destruction of papers which he had been subpoenaed to produce.

2. The Act making refusal to answer or to produce papers before either House, or one of its committees, a misdemeanor (R.S. § 102) did not impair, but supplemented, the power of the House affected to punish for such contempt. P. 294 U. S. 151.

3. Punishment, purely as such, through contempt proceedings, legislative or judicial, is not precluded because punishment may also be inflicted for the same act as a statutory offence. P. 294 U. S. 151.

4. Where a proceeding for contempt is within the jurisdiction of a House of Congress, the questions whether the person arrested is guilty or has so far purged himself that he does not deserve punishment are questions for that House to decide, and which cannot be inquired into by a court by a writ of habeas corpus. P. 294 U. S. 152.

63 App.D.C. 342 72 F. 2d 560, reversed.

Supreme Court, D.C., affirmed.

Certiorari, 293 U.S. 543, to review the reversal of a judgment discharging a writ of habeas corpus by which the above-named respondent sought to gain his release from the custody of the above-named petitioner, the Sergeant-at-Arms of the Senate.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

This petition for a writ of habeas corpus was brought in the Supreme Court of the District of Columbia by William P. MacCracken, Jr., against Chesley W. Jurney, the Sergeant at Arms of the Senate of the United States. The writ issued; the body of the petitioner was produced before that court, and the case was then heard on demurrer to the petition. The trial court discharged the writ and dismissed the petition. The Court of Appeals, two justices dissenting, reversed that judgment and remanded the case to the Supreme Court of the District with directions to discharge the prisoner from custody. 63 App.D.C. 342, 72 F.2d 560. This Court granted certiorari because of the importance of the question presented.

The petition alleges that McCracken was, on February 12, 1934, arrested, and is held, under a warrant issued on February 9, 1934, after MacCracken had respectfully declined to appear before the bar of the Senate in response to a citation served upon him pursuant to Resolution 172, adopted by the Senate on February 5, 1934. The resolution provides:

“Resolved, That the President of the Senate issue a citation directing William P. MacCracken, Jr., L. H. Brittin, Gilbert Givven, and Harris M. Hanshue to show cause why they should not be punished for contempt of the Senate on account of the destruction and removal of certain papers, files, and memorandums from the files of William P. MacCracken, Jr., after a subpoena had been served upon William P. MacCracken, Jr., as shown by the report of the Special Senate Committee Investigating Ocean and Air Mail Contracts.”

It is conceded that the Senate was engaged in an inquiry which it had the constitutional power to make; that the committee [Footnote 1] had authority to require the production of papers as a necessary incident of the power of legislation, and that the Senate had the power to coerce their production by means of arrest. McGrain v. Daugherty, 273 U. S. 135. No question is raised as to the propriety of the scope of the subpoena duces tecum, or as to the regularity of any of the proceedings which preceded the arrest. Etc.... Continued at http://supreme.justia.com/cases/federal/us/294/125/case.html