The Washington times., 1920-02-16
McKELLAR'S RESOLUTION FOR
SHIP BOARD PROBE Is PASSED
Justice Bailey Defers
Action on Hearst Suit
To Stop Bargain Sale

. " NsO =
Justice Bailey, of the District Supreme Court will hand
down decision Friday next the petition of William Ran
oph Hearst for injunction against the sale by the Ship
ping Board of the ex-Geman feet.
brilliant array of counsel appeared today to repre-
sent Mr. Hearst whose petition fled the ground that
he a taxpayer and a citizen
The original restraining order granted Friday by Chief
Justice Mccoy set for hearing before him today but
of engagement of the justice at was
transferred to the court of Justice Bailey.
No documents filed the counsel for the Shipping
Board but brief setting forth the contention Of the plain
tiff that The board is without legal authority to dispose of
the thirty vessels involved filed by Gen. T. Ansel
of counsel for Mr.. Hearst & 49,. -
The only issue involved according to General Ansel
whether the Shipping Board had legal authority to dis
pose of the feet He held that the emergency feet ac
der which they trying operate in the matter OF dis
posal of the vessels, does not give that authority
"Inconceivable," Says Folk.
Joseph W. Folk, also counsel for Mr. Hearst de-
cared that cit nconcevabe that Congress would confer
such authority any Government officials branch OF the
Government that would permit such an act the Shipping
Board has sought to carry out"
When Judge B. Ames of the Department of Justice
appearing for the Shipping Board, asked General AnseL
the plaintiff expected to offer evidence the latter asked
if the defendants had prepared a written answer
"We have not prepared a written answer, but Judge
him as a Witness said Judge Ames. His oral statement
we would like to have considered our answer"
Justice Bailey ruled that the practice in that court is
written reply to the rule to show cause.
When Judge Ames again sought to offer an oral answer
counsel for Mr.. Hearst objected.
The court agreed to postpone the hearing and give the
defendants counsel reasonable time in which to prepare
written answer"
Judge Ames said the defendants eager to proceed
but we would prefer to disclose the facts to the court
through Judge PAYNE he said "Give an hour
''. Admit Hearst Allegations.
Counsel for Mr. Hearst objected on the ground that an
hours delay would interfere with important engagements Of
several of the counsel in the
Judge Ames finally agreed to proceed by admitting all
allegations in the Hearst petition which that only
questions of law would be considered.
The Shipping Board General Anse declared, had at no
time shown explicitly their authority to sell the exGerman
fleet when in fact they cannot dispose of them without
clear and explicit authority of Congress" at
"The only authority they have is in the shipping act of
1916" General continued THAT was passed before the
war; contemplated development OF our merchant marine
not the disposal of vessels. l. - = -. .s E..
General Ansel said that the Shipping Board probably was
irving dispose of the vessels by relying on section tucked
away in the emergency ship fund act of 1917 which sad
"A ships constructed purchased or requStoned under au
hoty herein or heretofore hereafter acquired by the United
States may be operated disposed Of as the President may
direct" I.. .s,.r,,g -
He pointed out that the question involved whether
this section of related to the exCerman ships He con-
tended there was connection whatever since by special act
of Congress passed June IS 1917 provision made for
curing the German ships by copfscaton. - II
Had Congress intended that the fleet in question should be
sold would have put them unde the jurisdiction of the Alien
"a tcorsnusd Tgo, Get one)