Evening star., 1925-02-05

defended Senator Wheeler against the
Implication that the delay in bringing
Wheeler to trial in Montana was due
to Senator Wheeler.
On the contrary, the records show
that Senator Wheeler had demanded
an immediate trial; that May II. 1924,
Senator Wheeler wrote to Attorney
General Stone asking to have an early
trial and a transfer from Great Falls
to Butte, his home. Senator Walsh
said that Mr.. Stone replied on May TO-
|, that he forwarded Mr. Wheeler's re-
quest to the United States district at
torney for Montana. The United
States attorney advised Mr.. Stone
that there were certain phases of the
case against Senator Wheeler under
investigation.
And until this has been completed
it would not be advisable to bring
the case to trial. The United States
Attorney also stated that an i'm
mediate trial Of Wheeler would follow
close on "whitewashing given him
by the Senate committee and from
which Wheeler expected TO gain
some advantage. Mr.. Walsh con-
tended that Senator Wheeler had
never received an answer to his re-
quest for a speedy trial.
Reviewing the Attorney Generals
| testimony before the judiciary COM
| mittee Senator Walsh insisted that
| the case proposed to be brought in
| the District Of Columbia grow out of
exactly tho same transaction as did
| the case In Montana
Senator Walsh said that the At
torney General had election to bring
the case in Montana or in the DIs-
| trict Of Columbia.
| He chose. for reasons of his own,
| to bring the case to trial in the
District Of Columbia.
| Senator Wheeler, Senator Walsh
said, has been we'll investigated by
the Department of Justice before the
| committee of the Senate. Senator
Walsh said Wheeler had been in
vestigated five times in all.
The fee of $4,000 which Senator
Wheeler received for services render
ed and on which he has been indicted
| in Montana was not for anything that
| took place In the District of Columbia
or anything which might arise In the
District of Columbia
90 to ~ for Open Session.
| The decision to consider Mr.. Stones
| nomination in open session today
| was reached after two-hour row
yesterday, the Senate voting late, so
to 81, in favor Of the proposal.
| DlBCusSlOH OI tHo uOIHlndtlOH !" dS
| not reached, all Of the time of the
| executive session yesterday being
| taken UP with debate as to whether
| the doors should be opened. The pre-
| siding officer ruled that a thirds
| vote was necessary to take such a
course, and his ruling was sustained
on a record vote, 4S to 36.
Administration leaders said neither
Of these votes was to be accepted as
rejecting Senate sentiment on the
nomination; that they were purely on
a question of Senate rules, and that
the nomination would be confirmed
by an overwhelming majority.
Immediately after the Senate went
| into executive session, a motion to
consider the appointment in the open
| was made by Senator Overman Of
| North Carolina, a Democrat, on the
| judiciary committee, who first caused
delay in considering the nomination
| in committee on account of the Own
hey case.
Change in Senate Rules.
Senator Moses, Republican, New
Hampshire, who was presiding, ruled
that this constituted in effect a
change in the Senate rules and that
| q two-thirds vote would be necessary.
Senator walsh, Democrat, Montana
| counsel for his colleague, Senator
| Wheeler. in actions instituted against
him in Montana and the District Of
Columbia, appealed from that ruling.
On the vote on the appeal, Z DEM
ocrats voted with Al Republicans to
sustain the chair. They were Ed
| wards, New Jersey; Glass. Virginia;
Jones, New Mexico: King, Utah;
Overman, North Carolina; Ransdell,
Louisiana, and Shields, Tennessee. Four
Republicans. Brookhart. Iowa; Couz-
ems, Michigan: Frazier, North Dako-