The Birmingham age-herald., 1924-12-16
ATT ACK IS CURBED
 BY EDITOR Cummins Finds Senators Unwilling sTo Mix In
 Scandal ALBANIAN ASKS FULL INVESTIGATION Editorial Writer Must Be Punished Despite
 Changed Attitude n SMITH AMENDMENT TO BE DEFEATED Underwood Predicts South Caro- linian's Bill Will Lose By
 25 To IT Vote
SMITH AMENDMENT
 TO BE DEFEATED
Washington Bureau.)

WASHINGTON, D. C., Dec. 15.- While the judiciary committee de- termined today to appoint sub committee to investigate the charges preferred by William R. Hearst's Washington Herald against Senator Oscar W. Underwood, of Alabama, it developed late this afternoon that the chairman, Senator Cummlns, of Iowa, was experimenting difficulty in finding members willing to serve. It appears that many members do not want "to get mixed up' i'll the matter, especially as it is evident that the verdict will convict the newspaper of libel with the result that Hearst would, in all probability, find methods of realization. The subcommittee, how ever, will be named tomorrow, it IS said.
 Stands By Charges
 The Herald this morning declared that it stood by it's original charges, but the tone of the editorial was singu- larly different from the original. Where as, in the beginning, it was charged that the Underwood bill was designed to give Muscle Shoals to the Alabama Power company, now it is said that without the intention of the senator, the bill would permit the Alabama Pow CT company to secure the properties. The editorial of tdoay, furthermore, 1t is pointed out, does not bristle with the startling insinuations which character ized the first. There is no repetition of the phrase, "Underwood's power company" and another indication of retreat is containel in the statement that the Herald welcomes "this test of the freedom of the press"
 Respects Freedom Of Press
 Senator underwood this afternoon, declared "No one more than I respects the Constitutional right of freedom of the press. But with the exception of the Herald, no newspaper in the cOun- try indicates a contention that freedom of the press is license to libel"
 The senator added that the au-
 thor of the editorial would be
 tried on his original statement and
 not on the after-thOught of today"
 This was taken to mean that the
 senator will personally interest
 himself in seeing that all possible
 facts are divulged, especially those
 which would bring to light the
 sources OI Gllo OuIbOE
 Asked if he would prosecute the
 case before the committee, he re-
 piled that he expected to be invited,
 and added, "there are few ques-
 tions I would ask the individual
 who inscribed the editOrial.".
 It is understood that when Mir. Hearst determined to fight with all his weapons the Underwood Muccle Shoals bills, he imported to Washing ton from New York "star" man, one, Clapp, who was formerly editor of the New York American. Clapp wrote one indictment of the Underwood bill, under his signature, and it is said, the edit orial which Underwood denounced. Since the denunciation, his name or picture has not appeared in the Herald. It is understood that following the scene in the senate Saturday, he re- tired to New York, and is returning now with a staff of lawyers prepared to defend before the committee, and in the courts if necessary the Consti- tutional guarantee of freedom of the press.
 Expects To Defeat Bill
 In the meanwhile, the Zine separating the friends and foes of the Underwood proposal is still taut. Senator Under wood said this afternoon that he ex- pected to defeat the Senator Smith amendment tomorrow, but admitted the possibility of defeat. If l lose this fight" he said, T will have lost my bill, and the legislation subsequently enacted, in my opinion, may receive a presidential veto. It appears from my checking of democratic senators that the Smith amendment will receive l7
 (COntinued On Page TwO.)