Barry v. United States Ex Rel. Cunningham, 279 U.S. 597 (1929) (No. 647)

Case name: Barry v. United States Ex Rel. Cunningham Opinion filed: 1929-05-27 Docket No.: 647 Citations: • 279 U.S. 597 • 49 S. Ct. 452 • 73 L. Ed. 867 • 1929 U.S. LEXIS 62 Case holding summaries: • “The presumption in favor of regularity, which applies to the proceedings of courts, cannot be denied to the proceedings of the houses of Congress, when acting upon matters within their constitutional authority.” • stating that the material witness statute then in effect “provides that any federal judge . . . may have [material witnesses] brought before him by a warrant of arrest, to give recognizance, and that such person may be confined until removed for the purpose of giving his testimony” • “The constitu- tionality of [the material witness statute] apparently has never been doubted.” • holding that “the proceedings of the houses of Congress, when acting upon matters within their constitutional authority” are entitled to a “presumption in favor of regularity” • considering the federal power to detain a material witness and determining a material witness may be confined “for the purpose of giving his testimony”