Evening star., 1925-01-26

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government.
AS yet all the facts are not available
and no conclusive judgment can be
formed, but even the friends of the
administration on Capitol Hill admit
il was a tactical error for Attorney
General Stone to reopen the case
against Senator Wheeler of Montana
at the very moment when he was
about to be elevated to the Supreme
Court. Mr.. Stone is not politician.
He came here from New York where
he had been dean of the Columbia
Law School. He knows little. IL any
thing, about political eXpediency. He
might have forgotten" the whole
Wheeler case and been acting more
or less like other attorneys general.
But to him what may seem a techni-
cal violation of the law is a violation
just the same whether committed by
a Senator or any one else.
Irrespective Of the merits of the case
he has built up against Senator Wheeler.
Mr.. Stone has been placed by circum-
stances in an awkward and unenviable
position. II he let's up now on the
Wheeler prosecution he will be charged
with having surrendered in order to
win for himself confirmation to the Su-
L
he goes ahead with the matter relent-
lessly, as he doubtless will feel disposed
to do in order to vindicate what he al
ready has DONE the group in the Senate
who feel Senator Wheeler Is the victim
OF political persecution as a result Of
his activity in helping to oust Attorney
General Daugherty will feel more bitter
than ever.
If the controversy over confirma-
tion should become prolonged and
action be deferred for one reason or
another till the Senate can get all
the facts and perhaps even try the
new Wheeler charges as they did the
old case, the action on Mr.. Stones
nomination may be delayed until the
end Of the present session OF Con-
gress. This, in turn, would affect the
nomination of Charles B. Warren of
Michigan, who has been named to sue
ceed Mr.. Stone as Attorney General.
The opportunities for delay and con-
fusion in the situation are numerous,
and there is just enough support be-
hind Senator Wheeler to make the
whole thing turn on the merits of
the new charges against him.
There is, OF course, vagueness thus
far with respect to new charges
against the Montana Senator They
are said to be entirely different from
the case handled by the grand jury
in Montana. There Is a suggestion
also that Mr.. Wheeler is not the only
person involved in the new proceed
ings and that the Attorney General
was ready to have the Senator go
before the grand jury to give testi-
mony which in effect would have been
a guarantee OF immunity. But no Sem
ator likes to be placed in that position
II he feels he is not guilty and there
fore MIR. wheeler is said to be ready
to testify by waving immunity.
The Department of Justice hasn't re-
vealed what 1t has found in the way
Of evidence, but the Senate investigat-
ing committees will insist on knowing
everything. Although the Senate las
year. by an overwhelming vote, exon
Grated Senator Wheeler, Senator Borah
of Idaho having investigated the
charges, Mr.. Stone did not desist.
There have been other instances in
which senatorial dignity has been. in
a sense, set aside by the Attorney Cen
eral, a recent case being the clash be-
tween Senator Edge Of New Jersey and
the Department of Justice over the
removal Of a Federal district attorney
in New Jersey who secured his office
by recommendation of Mr.. Edge.
There is a general impression that
Mr.. Stone has had a number of diff
culties with members of Congress.
His independence would naturally
commend itself outside OF Washing
ton, but inside the National Capital
1t Is not considered playing the polit-
ical game and the upshot of It may
be to impair his chances of reach
ing the Supreme Court, which is the
ambition, as a rule, of every dis
tin guished lawyer.
Copyright, 1925)