Evening star., 1925-01-28


had come under my observation" he
said, has been. i believe, in full ac-
cord with both the letter and spirit
Of the Constitution and laws of the
United States, and with the highest
conception of the due and orderly
admi istration OF justice"
Senator Walsh said he had heard
that an attache of the Department Of
Justice said as early as last June
that Wheeler would be indicted in the
District of Columbia on a conspiracy
charge. The Attorney General re-
piled no such information had come
to him at that time.
The decision of the committee to
throw the doors of the committee
open to the public was unusual. the
rule being that matters relating to
presidential nominations must be
kept secret.
The open session was proposed in
the committee by administration Sem
ators, who said the plan had the
approval not only OF the Attorney
idge.
Qualification of Attorney General
Stone for appointment to the Supreme
Court occupied the attention of the
Senate in open session for more than
two hours yesterday before 1t reaf-
firmed it's opinion that the subject
was one which the rules required
should be considered in executive ses-
sion.
Taking advantage OF President
Cummin's reversal OF former ruling
to permit him to answer published
statements about his position on the
nomination, Senator Hefiin, Democrat,
Alabama, went at length into Mr.
stones activities as counsel for the
estate of J. Pierpont Morgan in a suit
against James A. Ownbey Of Colorado,
the outcome of which he character
ized as IAN act of judicial tyranny"
Declaring the action obtained by
the Morgan estate against Ownbey In
a Supreme Court decision sustaining
Delaware courts in an action brought
there subsequent to the institution of
receivership proceedings in Colorado
violated the fundamental principles
of Justice" Senator Heflin said he
would Judge Mr.. stones conception
of the intent of the Constitution by
his arguments in that case.
mo attorneys duty to his client
requires him to do anything in the
trial of a case which denies to the
person proceeded against due pro-
cess of law the Alabama Senator
asserted. mo attorney Is justified in
voking, a technically which, If sus-
tanned, would deprive the humble st
citizen OF the right to appear in
court and be heard in reply to the
complaint fled against him.
Senator Hef1in contended that such
a "technicality" had been invoked to
prevent Ownbey from being heard in
his own defense in the Delaware'ac
ton, when he failed to produce a
- a
that his subsequent failure to answer
was used to obtain an affirmation of
the decision by default in the Su-
preme Court.
"Col. Ownbey was called" he as
serted, and then was denied a hear
ing by the court which called him
because he couldn't raise 100000 to
buy a permit to be heard. The
technicality was raised under an
obsolete statute known as the Gus
tom of London but which had been
annulled in the British courts 40
years before.
mo bond was required of the Nor
gan heirs when they attached the
property of Col. Ownbey. No one
denied he had the testimony neces-
sary to disprove the allegations set
out in the complaint against him."
Quotes Court Record.
Senator Hehin also asserted that
the court record showed that the
Morgan estate had offered S1,250.00o
for property of the defendant which
1t subsequently bid In at legal sale
for $4,000.
The discussion did not end until
Senator Willis, Republican. Ohio.
temporarily occupying the chair
ruled in favor of several points OF
order against a speech in reply to
Senator Hefiin by Senator Sterling
Republican, South Dakota, chairman
of the judiciary subcommittee which
first considered the Stone nomination
Senator Dill, Democrat. Washing
ton, asserted after the ruling had
| been made that it was time for the
Senate to get in step with the
public" and eliminate some of the
secrecy of Government business. He
pointed out that while the Senate
Monday, was arguing about maintain
ing the secrecy of its executive ses.
sions, President Coolidge had broad
cast to the country by radio a busi-
ness meeting OF the executive de.
partments.