Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-01-24
STONE CASE DEBATE
ON FLOOR BLOCKED
BY COP. SENATORS
HefIin Starts Partisan Fight,
Ending in Vote for Execu-
tive Session.
REPRISAL THREATENED
ON ATTORNEY GENERAL
Senator's Act to Block Conhrma-
ton to Avenge Move Against
Wheeler.

The Senate went into executive ses-
sion today to consider the nomination
of Attorney General Stone to be
justice of the United States Supreme
Court, after Democrats had made
futile attempt to discuss the matter
on the floor.
objection Upheld.
President Cummins upheld the oo-
lection. but Senator Heflin contendeo
that he wanted to correct state
ment in the New York World that he
was opposing Stones confirmation be-
cause he was an attorney for j. Pier
point Morgan.
With Senator Overman, Democrat,
North Carolina Senator Hefiin said
he opposed Mr.. Stone only because OF
his arguments before the Supreme
Court in the Ownbey case, which in
volved litigation affecting the Nor
gan estate.
That's right" said Senator Over
man.
Senator Watson, Republican. In
diana, objected to further observa-
tions OF that kind, but Senator Reed,
Democrat Missouri, took up the ar
gument on the other side, and Presi-
dent Cummins ruled that Senator
Hefin could answer the newspaper
story.
Objection again was raised, how
ever, and then the La Toilette in
surgents and some others. including
Senator Borah, Republican, Idaho,
joined with the Democrats in an
effort to go into executive session.
This was explained as move to
avoid technicalities. 1t being planned
to open the doors later so the dis
cussion could go on in open execu-
tive session.
The motion to go into executive
session carried, 81 to So.
When Senator Heflin, Democrat, one
those who have advocated further in
vestigation Of the matter, sought to
speak Senator Curtis, Kansas, the Re
publican leader, made a point of order
that such a question could be discussed
only in executive session.
Aroused over the report that an in
dictment against Senator Wheeler OF
Montana who ran with Senator La Fol-
lette on the third ticket during the last
campaign, would be sought in the Dis
trict of Columbia, and that the plan of
the Department of Justice was to try
the Senator here instead OF in Mon
tana. members of the Senate today are
threatening to hold up indefnitely-as
a measure of reprisal-the nomination
of Attorney General Stone to be an as
sociate justice of the Supreme Court OF
the United States.
Senator Wheeler was indicted last
year in Montana on a charge that ne
had appeared for an oil operator beIore
the Interior Department after he mad
been elected Senator, which is contrary
TO the law The charge against Senator
Wheeler was investigated by special
Senate committee, headed by Senator
Borah of Idaho. The committee exon
Grated Senator Wheeler.
Senators Probe Matter.
The proposal now is to bring an in
dictment against Senator Wheeler in
the National Capital and to try him
here The matter, it is said, will be sub
uitted to a grand jury here. When
Senators learned of this plan of the De-
partment of Justice they inquired at the
Department of Justice and discovered
that the Attorney General had full
cognizance of this plan to indict Sena-
tor Wheeler here and try him In WASH
ington instead of in Montana.
senator Borah, Senator Swanson OF
Virginia. Senator Walsh of Montana
and others have expressed great in
dignation that this course should
he attempted. To try man 2,5OO
miles away from his home and in a
Jurisdiction where, on account or the
influence of the administration, it
might be easier to obtain a con-
yiction, they insist is unfair.
Wheeler Is Notified.
IF was made known that Attor-
ney General Stone has sent formal
notice to Senator Wheeler, through
his counsel, Senator Walsh of Mon
tana, that his case would be present
ed to a District of Columbia grand
Jury early next month Also 1t be-
came known that Mr.. Stone had writ
ten a second letter on the matter
yesterday to Senator Walsh.
Senator Walsh declined to make
public the letters or discuss their
contents, saying that both were
marked Private and Confidential"
Nor would Senator Wheeler make any
statement.
The Montana indictment against
Senator Wheeler, returned early this
year, charges that he accepted fees
from Gordon Campbell, a Montana oil
operator, for appearing before a Fed
eral department as counsel in viola
ton of the law. The Senator de-
nounced the charge in the Senate as
a frame up" and, after a special
committee had made an investigation,
the Senate held that it had been
unable to find evidence to support
the charge.
Meanwhile the nomination of Stone
has been passed twice in executive
sessions of the Senate, the second
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