Evening star., 1924-11-14
COURT DENIES PLEA
TOSTOP SCRAPP|NC
OF u. S. WARSH|P
Suit Against Secretary VIII
bur Dismissed-Appea
Will Be Made.
USING VESSEL AS TARGET
DECLARED SOUND POLICY
Cost, $15,24O,144, Not $30,000,-
coo, as shearer Said, Cabinet
Member Insists.

IhSHbSA Ahoioto'
Justice Hitz of the District Supreme
Court today dismissed The suit for in
junction brought by William B. Shearer
naval expert, of New York, against
Curtis ID. Wilbur, Secretary of the Navy,
1o prevent destruction of the battleship
Washington. off the Chesapeake Capes,
scheduled for tomorrow.
After arguments of counsel on
motion of Secretary Wilbur to dis
miss the suit Justice Hitz said that
the court ha no jurisdiction to en-
tertain the suit, and the petitioner
had not shown any peculiar interest
which would entitle him to maintain
the suit.
Shcarer Will appeal.
Counsel for Shearer noted an appeal
to the Court of Appeals from the
order dismissing the bill.
Secretary Wilbur filed motion to
dismiss the suit, claiming that Shear
cr has no interest in the subject mat
ter which will entitle him to main
tain the action: that the proceeding
is in effect against the United States,
which is not made party and when
has not consented to be sued. Finally
the Secretary says Congress author
lied the President of the United
States to scrap certain vessels In con-
formity with the limitation of arma-
ment treaty and that in destroying
the Washington. which was included
In the act the defendant is acting as
the agent of President Coolidge, who
is not party and who cannot be
sued
The order of Secretary Wilbur to
scrap the battleship Washington was
characterized today by counsel Tor
William b. Shearer as unauthorized
Counsel for the petitioner claimed
that the act of July 1, 1922, invested
the President of the United States
alone with discretion to decide IN
what manner vessels not needed un.
der the treaty for limitation or naVal
armament should be destroyed. Ihe
claim was made in the course OF ar
Eument before Justice Hitz of the
District Supreme Court.
The lawyers for the petitioner call
ed attention to the laws relating
to the rights of the Secretary OF
the Navy over ships no longer useful
and pointed out that he is authorized
only either to dismantle, appraise or
sell and no power of destruction Is
granted They also urged the right
of taxpayer to maintain the SUIT ana
quote an opinion of Justice Bailey al
lowing w. X. Hearst to en1oln the
Shipping Board from selling the Ger
man ships.
Ask Prompt Decision.
United states Attorney Gordon and
Assistant United States Attorney
West asked the court this morning 10
advance the case for hearing, as "
stood No. 33 on the court docket Tor
the day. He declared all prepara-
tions had been made for using the
vessel as a target tomorrow and that
naval experts had been sent to the
Capes to observe the result of the eX-
periments in connection with the
scrapping of the vessel. While the
department was not under an fnJunc-
tion. he told the court, the officials
did not like to proceed while rule
was in existence against them.
Counsel for Shearer joined in the
request. but the court declared other
litigants were entitled to their rights
under the calendar, and he would
hear the case when reached.
In his answer Secretary Wilbur ad-
mits that under the terms Of the
treaty the United States is allowed
T25,0Oo capital ship displacement ton
mage, and the British Empire $4,000,
t. be reduced to 55S,9 The re-
manning allegations of the sixth par
aGraph of the bill relating to the in
tention of the British Empire in ref
crence to tn treaty. the Secretary
says he is advised by counsel are
''impertinent' and "immaterial," and
so he makes no answer thereto.
Other Ships Doomed.
The defendant admits that from
time to time ships have been
destroyed under the treaty, but
denies that the only remaining ship
to be scrapped is the Washington.
Many vessels are in course of
scrapping, he says, and the battle
ship North Dakota is to be retained
for use as a target under the terms
of the treaty.
Work on the Washington was
stopped February II, 1922. the court
IS advised, and the. contract was
canceled August II, 1923. The ship
IS not S5 per cent complete, the
Secretary states, but even with ma
terial assembled but not placed In
the vessel is only 1873 per cent con-
structed. The vessel has not cost
S30.000.00O. claimed by Shearer,
Wilbur says, but up to date there
has been spent on it s15,24O,14405,
which may be reduced by the sale
of material.
Secretary Wilbur admits that
orders have been issued by the Navy
department for the towing of the
"
TO be used for certain tests which are
important in the development of the
Navy. AS n result of these tests the
vessel may be sunk, he says, but If
not it will still be necessary to scrap
1t under the treaty.
Wilbur denies any knowledge of the
intention of Congress to hold hear
ings to determine the policy of the
Government as to the retention of
the Washington by converting it into
an airplane carrier or of salvaging
the material. He shows the court
that the treaty provided that two
ships might be converted into car
riers and that the cruisers Saratoga
and Lexington have been designated
for such use.
BY act of July l., 1922, the Secretary
concludes, Congress ordered the
scrapping of certain capital ships of
the Navy not directed to be retained
by the terms of the treaty. In chap
ter g, part 1 of the treaty, he states,
there was scheduled a list of the ships
to be retained by the United States
and the name of the Washington does
not appear on that list.
Shearer Is represented by Attorneys