Evening star., 1920-02-16


thfty ships was $se.227.ses. tn val
ua}ion for twenty six of the sni1S t5
xh4 board was announced as St!.S]3 =
lS6 -Four ships were not Appraised
Thk total bids at the morning session
of the auction were S3s.s5o,Gt3 for
Wb Wb.ty-ene ships.
Hearing Begun in Hearst's
Proceedings to Enjoin Sale
! of Former German Ships
Hearing was CONNIE need today pe-
foxe Justice Bailey Of the District
Supreme Court on the Injunction pro-
cs1dings brought by William r
RdArst a. q taxpayer against the
0Apping Board and the United States
aASpping Board and Emergency Fleet
Cokporaton to prevent the sale Of
thRty vessels taken over during the
WSr from the German government
1phn Barton Payne, head of the
Gh3pping Board, was present in court,
md by B. c. Ames assistant attor-
ne3 general. was offered as a witness
% uake verbal return to the rule is
sued by Chief Justice Mccoy last
Friday against the defendants to
ahoW why a temporary injunction
D3oUt0 0Ot DS granted SOUIlSel LOT
Ar. Hearst insisted on written re-
turn to the rule and were sustained
~ Justice Bailey
ln~ssts - IRRediate Hearink.
Judge Ames. declaring that the
board wished to proceed at once with
the hearing, decided to go ahead
with the argument, admitting the al
legations of Mr.. Hearst's bill and dis
eussing only the law points involved.
ENA1k anA
Ansall, Bailey and Ford saw Chief
Justice Mccoy in his chambers this
00fning and had arranged to defer
The argument until Friday because
q the enga gements of the chief jus
ttce. Judge Ames. however, insisted
6A Immediate hearing and the chief
Justice referred the case to Justice
Dailey.
Hearst's Right to Sue ooestiOnea.
Gen Anseil opened the argument for
1Er. Hearst by answering a suggestion
Of the court as to the right of Mr..
Hearst to maintain the suit in his
capacity az taxpayer. Counsel pointed
pesls in which the right was either
sustained or was allowed to go un-
uuestioned.
United States Attorney Laskey and
1udge Ames for the Shipping Board
&gFeed that the question Of the right
passed for the present and the ecui-
ftee of the bill only be argued.
Gen. Ansefl insisted that Congress
Had never authorized the sale of the
ex-German ships. II the board claims
10 get authority OF sale from the
emersency shipping appropriation OF
1911. Gen. Anseu said, il was not in
1enaed to apply to the ex-German
oAips- He proceeded to show what he
considered the difference between the
two acts of legislation. and said the
liter act could not be considered as
oDendatory of the seizure resolution
under which the German vessels were
taken.
COnGress' Intentfon Discussed.
II Congress had intended sale Of
he German vessels it would have
Dlaced their custody under the alien
property custodian, he claimed. But
oince ii did not do SO he urged that
the vessels should remain under the
Drovisions Of the joint resolution un-
yhat disposition it wished made of
0e vessels.
Judge Ames in reply declared that
lhe suit was briught by an individual
without showing any peculiar interest
- required by law for an Injunction.
nal without any claim Of dishonesty
- the exercise OF discretion by gov
01ument ofnciai
III the ships are tie property of the
United States" said counsel for the
shipping Board. "and they are sold
wisely no harm could come to tax
Dayer."
Right OF Sale ArEueA.
AZ counsel for Mr.. Hearst. however.
1ad argued. only the right to sell.
fudge Ames said. he would coniine
His argument to that proposition. The
ooafd. he declared. gets its right to
0g1 from the very act Of 1917. to
which Gen. AnseII had referred Read
fnI section Of that act Judges Ames
yo1nted out that provision fs made for
- Shipping Board to "operats. man
ege and dispose Of all vessels hereto
lore or hereafter acquired as the
Rpegident may direct" He claimed
01nf no exception IL made in tho act
- 1917 IN favor Of the ex-German
vessels and that the right Of sale en-
p30yed I'm the act against "alF vessels
61eoperiy applicable to the ex-Ger-
m vessels.
= has not been the policy Of Con-
0ze0 to maintain vessels in the
enfvice Of the United States, Judge
Anes declared. In proof Of this he
p41nted out that provision 10 made
~ law for the disposition Of all ves-
- ave years after the war.
He called attention to the proclama-
- ~ President Wilson transferring
- ."ers under the shipping acts
- the Shipping Board. and in the
exercise of the discretion reposed in
board the Judgment has been
Hloched that the interests of the
U11ted States will be conserved by the
- claimed. could not be questioned
ose6inss.
There was no exception in the ex-
ecuttve order delegatins the Presi-
Its power to the Shipping Board.
- since no bad faith 10 charged. no
UT1v1te citizen win be allowed to in-
tnpfsre with the orderly administra-
t1en OF government
1lP. Folk Argues for MR. Hearst.
4he concluding argument on be-
Zn3f Of Mr.. Heart was made BY former
Gov. Folk Of Missouri. He insisted
eeemy ships was q distinct" leg
11letion and not to be confused With
S<hss shipping acts. The ex-0erman
yoessas were reserved by Congress
fsF special legislation ~ to their dis
vooition. he said. and no sale should
81 made until Congress had the OPP
Dortunity to make plain its intention
u reference to the former German
1uoDsis.
Ihese vessels were taken over by
- treOoent unoef the JOINT feeolu-
51on. he claimed. and were not trans
. f0red TO the hipping Board with
&ull power. but only for purpose Of
Usa3nfenance, and were not Included In
fho general transfer Of ships which
S1eluded the right Of disposition.
00v. Folk referred to tho contro.
Very In Congress over the establish
H~onf OF . merchant marine. The sale
"a these ex-0erman vessels. he assert
81 W0uld make the hope Of Q NOR
chnnt marine IN iPidescsnt dream" {"