245 F.2d 667 (7th Cir. 1957), 11943, In re Hearings by the Committee on Banking and Currency of the United States Senate

Docket Nº:11943.
Citation:245 F.2d 667
Party Name:In the Matter of HEARINGS BY THE COMMITTEE ON BANKING AND CURRENCY OF THE UNITED STATES SENATE. Edward A. HINTZ, Petitioner-Appellant.
Case Date:June 28, 1957
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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245 F.2d 667 (7th Cir. 1957)

In the Matter of HEARINGS BY THE COMMITTEE ON BANKING AND CURRENCY OF THE UNITED STATES SENATE.

Edward A. HINTZ, Petitioner-Appellant.

No. 11943.

United States Court of Appeals, Seventh Circuit.

June 28, 1957

John M. Leonard, Jr., Chicago, Ill., Ednyfed H. Williams, Chicago, Ill., Leonard D. Rutstein, Highland Park, Ill., of counsel, for petitioner-appellant.

Mattew Hale, Washington, D.C., for appellee.

Before DUFFY, Chief Judge, and FINNEGAN and SCHNACKENBERG, Circuit judges.

FINNEGAN, Circuit Judge.

Acting under a committee resolution 1 adopted July 27, 1956, the Senate Committee on Banking and Currency held hearings on the Illinois banking situation, 2 at the United States Court House in Chicago, beginning on October 8, 1956. Endeavoring to obtain testimony from Edward A. Hintz, then and now, incarcerated in the Illinois State Penitentiary at Stateville, Joliet, Senator J. W. Fulbright, the Committee Chairman, petitioned October 4, 1956, through counsel, for issuance of a writ of habeas corpus ad testificandum to Joseph E. Ragen, Warden of the Illinois Penitentiary to bring Hintz, and other prisoners, 3Before the Committee for giving testimony at its hearings. Sometime before filing that petition, Senator Fulbright wrote Governor Stratton of Illinois requesting him to arrange for the questioning of Hintz by the Senate Committee when it convened in Chicago. Responding by wire September 29, 1956, the Governor stated, in part, '* * * will be happy to cooperate and have issued permission for appearances in Chicago.' An order was entered by the district judge on October 4, 1956 instructing the Clerk of Court to issue

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the requested writ of habeas corpus ad testificandum to Ragen as Warden 'to bring * * * Edward A. Hintz * * * before the Committee * * * on October 8, 1956, and every day thereafter until completion of the hearings, or until the Committee no longer requires the presence of said witnesses * * * in the offices of said Committee in the United States Court House * * * Chicago * * * as witnesses in hearings to be held by said Committee, and thereafter to be returned to the * * * penitentiary.'

Hintz appeared before the Committee on October 9, 1956, having been brought to Chicago by the Warden in obedience to the writ issued under the district court's order and served on Ragen. Three days later, October 12, 1956, counsel for Hintz filed a motion to quash that writ of habeas corpus ad testificandum supported by briefs and subsequent oral arguments before the same district judge who had earlier taken affirmative action resulting in issuance of the writ. The appeal taken on Hintz's behalf to our court seeks review of the district court's order dated October 19, 1956, overruling the motion to quash the writ. From the Committee Counsel's verified motion to dismiss this appeal, we are informed that the Committee no longer required Hintz's presence.

Subsequently Senate Resolution 124, 85th Cong., 1st Sess. Report No. 232 (April 15, 1957) mandated certification of the Committee's report, concerning Hintz's refusal to answer the Senator's questions, to the U.S. Attorney for...

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