Bar of the Senate

Last week the Senate set out to demonstrate the full measure of its might and power. The galleries were filled with visitors to see the spectacle. As the roll was called the Senators strode in, grim and determined. Senator Hugo Black, the head of the committee investigating air mail contracts, sat in the front row. Other front seats were taken by other legal lights of the Senate--Lawyers King of Utah, McCarran of Nevada, Robinson of Arkansas, Borah of Idaho, Johnson of California. McNary of Oregon, Logan of Kentucky, Wagner of New York, Barkley of Kentucky, Norris of Nebraska, Hastings of Delaware. Most of them at one time or another had sat on State or Federal benches. For a moment they sat in solemn silence while a clerk announced that the House had passed and asked the Senate's concurrence in bills for the relief of John Thomas Simpkin, P. Jean des Garennes, Christopher Cott, Seth B. Simmons and others. Then Sergeant at Arms Chesley W. Jurney reported to the Senate that he had procured the attendance before the Senate of L. H. Brittin, Gilbert Givvin, and Harris M. Hanshue, air company officials accused of taking letters under Senate subpena from the office of their Lobbyist William P. MacCracken Jr. (TIME, Feb. 12). But Sergeant Jurney had to report that from Mr. MacCracken, he had nothing more than a letter. Senate faces grew grim as they listened to Mr. MacCracken's letter declaring his "greatest respect" for the Senate, denying its right to summon him to show cause why he should not be punished for contempt. While the clerk's voice droned on, Senator Black scribbled rapidly, drafting a resolution ordering Sergeant Jurney to arrest and forthwith bring Mr. MacCracken before the bar of the Senate. With no delay the resolution was passed and Mr. Jurney with a red carnation in the buttonhole of his morning coat hastened out to do his duty. Two hours later he was back to report that he could not find Mr. MacCracken. He was ordered to keep on trying. Meanwhile the Senate called in the three airway officials who had been kept cooling their heals in a side room under guard of a paunchy Capitol policeman. All that day and all the next Mr. Jurney searched in vain, though Mr. MacCracken's whereabouts were anything but a secret. For several hours he was seated in the office of the clerk of the District of Columbia Supreme Court but Mr. Jurney did not want to look for him there. The fact was that Mr. MacCracken's lawyer, smart, dapper Frank J. Hogan, whose defense of Albert Fall and Edward L. Doheny made him the Senate's No. 1 antagonist, was playing a game with the Senate. Mr. Hogan wanted Mr. Jurney to arrest his client in a court where a writ of habeas corpus could at once be obtained for Mr. MacCracken's release. Thus for two days the majesty of the Senate and the craft of Mr. Hogan were deadlocked. Then the Senate adjourned for the weekend and Mr. Hogan moved. At 7:30 on Saturday evening while Sergeant Jurney and his wife were dining peaceably in their apartment, the doorbell rang, a maid went to answer and the first thing Mr. Jurney knew Mr. MacCracken, followed by a young woman, was standing by the dining table and surrendering himself for arrest.

"I am sorry," said Mr. Jurney, explaining that he could not make the arrest because he had left the warrant in his office safe at the Capitol. Besides the warrant called for delivering Mr. MacCracken "forthwith" before the bar of the Senate and that was now impossible since the Senate was not in session. Mr. Mac-Cracken replied that he also was sorry but he felt that he was under arrest and could not leave. In fact he would have to spend the weekend. Then he turned to the young woman, dictated something. She asked him to raise his right hand and said, "Do you swear that this is true?"

"Yes!" replied Mr. MacCracken.

Then the young lady hurried off. Half an hour later the doorbell rang and Mr. Jurney decided to answer it himself. At the door was a U. S. deputy marshal who read him a writ of habeas corpus ordering him to present his prisoner in court on Monday morning. Mr. Jurney protested he had no prisoner but would appear in court on Monday morning. Then arrived other visitors: newshawks, photographers,

Mrs. MacCracken bringing her husband a pair of pajamas. Mr. Jurney snores. Therefore he and his wife have to occupy separate bed rooms and it was at some discomfort that they managed to put up Mr. MacCracken for the night. Next day Mr. Jurney asked Mr. MacCracken if he would like to take a ride to the Senate Office Building. They drove to the Capitol together, met Mr. Leslie Garnett, U. S. District Attorney to whom Mr. Jurney introduced Mr. Mac-Cracken. Under cover of this distraction, the Sergeant at Arms slipped into Mr. Garnett's automobile and escaped from his unwelcome guest. For the remainder of the week-end the whereabouts of Sergeant and Mrs. Jurney became as uncertain as the whereabouts of Mr. MacCracken during the previous two days.

Monday morning, however, all were reunited in the court of Justice Daniel O'Donoghue of the District of Columbia Supreme Court: Mr. MacCracken, Sergeant Jurney, Lawyer Hogan and Lawyer Garnett. The Justice heard the tale, then ruled that: 1) Mr. MacCracken had been not arrested but had been trespassing in Sergeant Jurney's home; 2) The habeas corpus writ should be dismissed; 3) Mr. MacCracken had secured the writ under false pretenses and therefore was guilty of contempt of court and should be fined $100. Further indication that Lawyer Hogan had outsmarted not the Senate, but his own client came when Lawyer Garnett announced he was pondering charging MacCracken with perjury for falsely swearing that he had been arrested.

Meanwhile Mr. Jurney waited placidly until his former guest had paid five $20 bills to the court. Then he read his Senate warrant and carried Mr. MacCracken off under guard of half a dozen husky Capitol police, direct to the bar of the Senate. Senator Robinson hurriedly finished a eulogy of Abraham Lincoln and asked for a roll call that brought Senators hurrying into the nearly empty chamber. Representatives crowded into the back seats and the galleries quickly filled. Lawyer Hogan, accompanying his glum but defiant client, gave the Senate another statement denying its right to punish MacCracken. The whole record of the evidence was read over and the Senate ordered Sergeant Jurney to keep his week-end guest prisoner over night. No sooner had Sergeant and prisoner left the chamber than a U. S. marshal served a new writ of habeas corpus issued by Justice O'Donoghue. Sergeant, prisoner and lawyers marched off to District Attorney Garnett's office to discuss the next move. So much time passed in discussion and in taking news-pictures that court adjourned before they got around to going. After someone rushed out and got the Justice to reopen court, Lawyer Hogan pleaded illness, asked postponement of the hearing on the new writ. Vexed, Justice O'Donoghue insisted on proceeding immediately. Lawyer Hogan repeated his plaint that the Senate had no authority to punish for "acts already completed." Retorted Mr. Garnett: "If Mr. MacCracken is as lily-white as Mr. Hogan paints him, I'm sure the Senate will act justly."

In learned phraseology the Justice dismissed the writ. Bewildered, Mr. Jurney turned to a newshawk, asked: "What does it mean? Do I get him?" Then he took Prisoner MacCracken to the Willard Hotel, whence he was to whisk him once again before the Senate bar next day.

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