Evening star., 1925-01-25
STONES OPPONENTS r.
WANT NOMINATION
PROBED FURTHER

Continued from First Page.)
tion was entirely pertinent and
reached tho very meat of the problem.
Senator Overman OF North Carolina,
ranking Democratic member Of the
judiciary committee, and Senator
Hefiin OF Alabama have taken up the
cudgels for James A. Ownbey. q Colo
rado mining man. who preferred
cha rges against Mr.. Stone before the
judiciary committee. According to
them Ownbey was unJustly treated in
litigation brought against him by the
executors OF the J. P. Morgan estate
for which Mr. Stone appeared as
counsel in the Supreme Court. Own
hey, they say, who was an Indian
fighter and prospector in the West
man now over 10 years of age
discovered GOAL mine properties and,
with the backing Of the late J. p.
Morgan, developed them. A corpora
tion was organized and Mr.. Ownbey
was given a large slice Of stock. 1t
is reported that at one time he was
offered S1,250,00o for his shares. but
that he refused, believing them worth
more.
Obsolete Statute Used.
After the death OF Mr.. Morgan, these
senators say, attempts were made by
the executors to obtain the Ownbey
holdings: that while the company was
placed in the hands OF a receiver and
his holdings thereby tied up. another
suit was filed against Ownbey IL
Delaware. In this case suit was
brought for the collection OF some $50
from Ownbey. Under an old and OBJ
solete statute. which the senators say
! has since been repealed, bond was
demanded OF Ownbey In the sum oi
100000 before he would be permitted
to answer the suit in the Delaware
court. This bond was demanded by
the attorneys for the executors OF the
J. p Morgan estate. with his assets
tied up in Colorado. it was impossible
for Mr.. Ownbey TO appear in the suit
hled against him in Delaware, al
though he was in the courtroom and
| attempted TO make appearance. The
court ruled that he could not do sc
until he had satisfied the bond
Whereupon a judgment was found
against him and his stock was taker
! over and sold for $4,000 Since then
| 1t Is said, coal of great value has beer
taken from the properties.
Two Justices Dissent.
| The case was carried to the Su
preme Court, and Mr.. Stone appeared
| there for the executors. The decision
| against Ownbey was sustained, al
| though the late Chief Justice Whit,
| and Associate Justice Clark dissented
Senator Helms contention is tha
| by fixing a bond that Ownbey coult
| not meet, he had been denied justic,
| in the Delaware court. He insists thai
Mr.. Stone. instead OF appearing fo,
! the executors in such a case shoulC
have urged that an agreement be en-
tered into by his clients and Mr. Own
| bey.
| Senator Walsh OF Montana, q mem
Der Of the judiciary committee, on tn,
other hand, does not regard Mr.
Stones appearance in the Ownbey
case as warranting opposition TO hit
| confirmation as member of tht
| Supreme Court, and so stated to tn,
| judiciary committee before the nomi
nation OF Mr.. Stone was reported
| The controversy which has ariser
| over the nomination OF Mr.. Stone, Il
| was predicted last night, would lea6
to considerable delay in action by tn,
| Senate. It was said that 1t NIGH
| not be possible to reach a vote on the
nomination prior to the adjournment
| OF this session of Congress. It Is ex.
| pected, however. that the Senate will
meet in special executive session afte,
| the close of the session to consider
nominations, and at that time TIL,
! nomination of Mr.. Stone could b,
| considered II it shall not have beer
| disposed of before that date. Admin
istration Senators last night declared
their confidence that the nomination
would be confirmed and at the presen
| session.
| In the meantime the nomination O
Charles B. Warren of Michigan, for
mer ambassador to Mexico and Japar
| to be Attorney General to succeed MI
| Stone, Is likely to be delayed also
The subcommittee of the judiciar
committee, to which II was referred
has reported the Warren nominatio
without recommendation" to the ful
committee. The judiciary committe
is scheduled to meet tomorrow morn
Ing. But in view of the tangle owe
the Stone nomination, It is not likel
that it will attempt to report on tn
nomination of Mr.. Warren for tn
present, 1t was said.
i