The Washington times., 1920-03-12
COURT POSTP0NES
HEARING ON SHIPS
Action on Motion TO Dissolve
Temporary Injunction Defer
red Until March 19.

The hearing on the motion filed in
the District Supreme Court by John
Barton Payne and the Shipping Board
and the Emergency Fleet Corpora
tion to dissolve the temporary In
junction granted on petition of Will
liam Randolph Hearst TO restrain the
former from selling at auction TWEEN
ty-nine ex-German ships confiscsted
by the United States during the war,
which was scheduled for argument
before Justice Bailey today, went
over until next Friday. Attorneys for
Mr.. Hearst and District Attorney
Laskey and his assistant. Mr.. Archer,
were present and ready TO present
their respective sides OF the argu-
ment.
Motion 10 Dtsmiss.
District Attorney John II. Laskey.
for the shipping Board. submitted
motion to dismiss the motion, Justice
Bailey replying he would hear argu-
ment on both motions next Friday.
The motion TO dismiss follows: Nov
come the defendants, by John Il.
Laskey attorney OF the United states
and for the District OF Columbia.
their attorney, and move the court to
dismiss the bill of complaint herein
for the causes following:
1T is manifest, upon the race
OF the bill of complaint that the de-
PENDANTS have no individual interes,
in the controversy or suit, and thar
the relief sought against them is IN
their official capacity, only as officers
and representatives OF the Govern
ment, which. alone. is to be affected
by any decree herein; wherefore the
said suit. as is manifest upon the
fap nf ha ia b.
stantially a suit against the United
states beyond the Jurisdiction 81 the
court.
'22-For want OF an Indispensable
party defendant, namely, the United
states.
."3-For want OF any ind' pcnd"n.
equity.
Sues ns Taxpayer.
at is manifest upon the face Of
the bill of complaint that III: plain
tiff sues solely az "A taxpayer 81 the
United States and has no legal a.
equitable interest in 'he controversy
or suit. or any property right in VIZ
ture of which he is entitled Ia any re-
lief upon the allegations + The bill.
"J-Because by the true and lawful
! construction of the power and author
ity vested in the defendants, said
defendants. in their official capacity,
have the right and power to do the
acts complained of in the bill OF
complaint, as they may be advised"
\ copy of this petition was served
upon attorneys for Mr.. Hearst. in
Guiding General Ansell, Colonel
Bailey, former Governor Folk of Mis-
souri,. and W. ~. De Ford, OF New
York.
The order continuing tho hearing.
signed by Justice e.. Bailey follows:
This cause came on to be heard this
18th day of March upon the motion
to dissolve tho temporary injunction
herein: Whereupon II is ordered that
that said motion be continued for
hearing together with the motion 10
dismiss the BILL
Adopt American Policy.
Adopt the American policy. not tn"
British policy advocated by some of
the shipping interests of the North
east was the plea of Matthew Hale,
representative of commercial organi
2ations of twenty-five States. in his
letter to the Senate Committee on
Commerce requesting that no further
sale of ships be conducted by the ship
ping Board until Congress has had
time to act.
After putting on record tho views
OF the organizations represented by
him. strcnuously opposing the gradual
selling off Of Government owned ves-
sels, Hale left Washington last night
for Greensboro. ~ C., where he will
speak on tho subject before the for
eign trade conference which begins
there today. This conference will
likewise be addressed by the COVER
nors OF North and South Carolina and
Georgia and Florida.
Hale's letter to the Senate commit
tee which is receiving consideration
today, called the attention of the COM
mittee to the sale Of American steel
ships OF from 5000 TO 5000 tons,
seventeen OF which had been sold TO
French and Belgian interests since
February IS.
'If the Shipping Board continues
ships there will be no chance OF de-
vcloping these trade routes atlantic
and Pacific coastwisc and Caribbean
Sea routcs). regardless of what Con-
gross may decide, because there will
be no ships" the letter said
Might 7 suggest. therefore, in
order to preserve tho right OF Con-
gress and the American people to de-
termine the disposition OF the ships.
that steps be taken to secure the
passage of a bill prohibiting the sale
Of all Government-owncd steel cargo
carrying vessels" the letter con-
tinued.
Quotes English View.
Lord Inchcapc," Hale observed,
speaking at the annual meeting OF
the Peninsular and Oriental steam
Navigation Company. in London. said:
II the United states will only turn
the ships in which the United States
Shipping Board is interested over to