The Washington times., 1924-11-14
WILBUR MOVES
To HAVE SHIP
SUIT KILLED
Secretary Asks Action OF
Naval Expert Against
Y. S. Be Dropped

8 j
Curtis ID. Wilbur, Secretary Of
the Navy today filed motion to
dismiss the injunction suit Of VIII.
liam b. SheareI, naval expert, to
prevent the destruction of the bat
tleship Washington, scheduled to
take place in the near future.
The Secretary of the Navy, re.
presented by District Attorney Pey.
ton Gordon and his assistant, Yer
non A. West, alleges that no facts
showing that Shearer has such in
terest in the matter as win entitle
him to maintain the action. 1t is
claimed that the action is against
the United States. Secretary Will
bur says that in efecting to destroy
the ship in the manner complained
Of he Is acting in the exercise of
the discretion reposed in him by
law.
The President of the United States
under the Act of Congress Of July
|, 1922 is authorized, according to
Secretary Wilbur, ito scrap GER
tain vessels in conformity with the
provisions of the treaty limiting
naval afmaments," including the
Washington" In directing the
scrapping Of the vessel in the man
ner complained Of by Shearer, the
Secretary of the Navy claims he is
acting as the agent OF the Presi-
dent, who is not a party to the
suit, and who cannot be sued here
in.
Boat Near Completion
The destruction OF. the Washing
ton, which Shearer claims is now
80 per cent completed, at the
League Island Navy Yard at Phila.
delphia, will serve a dual purpose,
namely-to afford naval gunners an
opportunity to test their Skill. and
comply with requirements and
terms of the treaty dealing with
limitation of armament which re.
suited from tie world conference
In this city in 1921, Wilbur holds.
Mr.. Shearer's complaint infers
that the American Government lis
the only government which is ac-
tually in good faith carrying out
the terms Of the treaty requiring
the scrapping of certain ships to
reduce naval armament.
The cost of the Washington so
far has been $30,000.O 900 and she
Is 80 per cent complete, II is
claimed in the bill. The ship might
even be ''junked," and thereby
save some of this money. plaintiff
stated, or the vessel might be con
Verted into an aeroplane carrier OF
some other type of naval auxiliary
SO That taxpayers could see some
nttle results from the vast expendi-
ture incurred so far.
England Delays Scrapping.
The limit of ship tonnage for
/ america under the treaty is 52s .00O
while Great Britain is allowed
! ooO,00O. which is to be reduced to
! 5Z5,OO according to the SUIT.
Great Britain now maintains 700 0OO
tonnage and Notwithstanding com
pletton of the ships, the Rodney
and the Nelson" with a tonnage
OF 10000, Great Britain was Obliged
to scrap the ships ''Thunderer. .
Ajax" and King George "" and
has not done that, 1t is claimed by
Mr.. Shearer.
In view of the serious situation
shown by his report on the con.
dition of the United States Navy
I, says Mr.. Shearer, 1.-THE destruction
OF the Washington will do great
harm and irreparable injury, not
] only to the present state of ma
| tional defense, but will also cost the
loss of a vast amount of money
expended in its construction; the
demolition Of the Washington
/ ought not to take place now, be-
cause Congress is about to meet
and begin hearings by committees
and determine the policy of the
! government as to the retention OF
/ the Washington by converting her
i n a -
! vaging the materials therein so
that the greatest amount may be
i saved
Expensive to Junk Ship.
The court is told that the Wash
ington is supposed to receive her
death warrant" from mainly the
U. s. s. Texas, which will work in
conjunction with naval airplanes
which will drop bombs upon the
ship. 1t will cost a great deal of
money, according to Mr.. Shearer,
to sink the ship: that is, the Govern
| ment will waste the TAXPAYERS
money both ways--in the cost of the
, sinking and jim the sinking Itself.
Seven treaties are involved in Mr.
! Shearer's petition, and each refers
to a differend kind Of scrapping or
limitation of armament.
Treaty No. between the United
States, the British Empire, France,
Italy and Japan has to do with
fixing the limit of capital ships
tonnage for each power involved.
This treaty, according to Mr..
Shearer, is not binding in the legal
sense upon the United States to
the extent that this government
must send $50, 100000 worth of steel
! to the bottom of the sea. The al.
legged fact that England has not
fully complied with the terms Of
this treaty, that is, she has not
scrapped the ships already men.
toned, it is stated permits the
United States to retain the Wash
ington."
| Mr.. Shearer is represented by
Attorneys Wilton j. Lambert, Ru.
dolph III. Yeatman, Martin j. Nc
Namara and William e. Leahy.
Admits Tonnage Claim.
Answering Shearer, Secretary
Wilbur admitted that under the
terms Of the treaty the United
States, is allowed 525 900 capital
snip ulSpldCeIlSHl IOIlIdB0 anu the
British Empire $50 900, to be re.
duced to 55S.950. Claiming that
the remaining allegations OF the
sixth paragraph Of the bill concern.
ing the intention of the British
Empire regarding the treaty
Secretary Wilbur says he is ad.
vised by counsel are ''impertinent
and immateria1'r and he makes nc
answer.
Ships have been destroyed from