Owen J. Roberts

“ He would have us hold that so long as the cause or proceeding in which false testimony is given is not closed there remains a locus poenitentiae of which he was entitled to and did avail himself. The implications and results of such a doctrine prove its unsoundness. Perjury is an obstruction of justice; its perpetration well may affect the dearest concerns of the parties before a tribunal. Deliberate material falsification under oath constitutes the crime of perjury and the crime is complete when a witness' statement has once been made. ”

“ A critical examination of the case arouses grave doubt that it held, or was intended to hold, that a retraction of a witness' false testimony negatives the commission of perjury and in later cases the English courts have so intimated and have said that if it stood for such a proposition it probably would not be followed. [9] Several later English decisions squint in the opposite direction and some of them come near to refute the respondent's argument with respect to the English law. [10]
Decisions of state courts of last resort in this country do not make a much better case for the argument. ”

“ On his trial the government proved the facts as above outlined and called Johnson as a witness who testified that, pursuant to a plan devised by himself and others, he had approached the respondent on June 30th and requested him not to file as a candidate for Railway Commissioner but to file for United States Senator telling him that if he were willing to do this the Republican Party would support him and $50 would at once be paid him for his filing fee and $500, the estimated amount of his campaign expenses, would also be paid to him. ”

“ That it is within in constitutional province of Congress to institute investigations and to compel evidence with a view to possible exercise of its legislative function [6] or possible discharge of its duty to determine the validity of the election of its members [7] is settled. ”

“ Failure to obey process of the committee or refusal to answer questions pertinent to the investigation was to be punished according to law. The resolution recited that the Senate desired facts to aid it in enacting remedial legislation and in deciding contests involving senatorial elections. [2] The committee so appointed authorized Senator Nye, the Chairman, to act as a subcommittee and to name a subcommittee of one or more members. ”