Evening star., 1925-01-29
REVENGE IS HELD
STONE CASE BASIS
MuddIe Is Queer and Will Re-
main So Until All
Facts Are Cut.
BY DAVID LAWRENCE.

The queerest muddle since President
Roosevelt began using Government
sleuths to investigate United States
Senators has developed in connection
with the effort of the Department of
Justice to convict Senator Wheeler of
Montana for alleged violation of a
law which forbids member of Con-
gress from accepting fees for services
as a lawyer before Government de-
partments.
It's a queer muddle, because all the
facts have not yet been put on the
table and because the fire Of political
vengeance burns brightly over the
whole controversy. Here Is the
sequence of events:
Senator Wheeler, Democrat, leads
the investigation of Attorney General
Daugherty, Republican, whose resig-
nation is demanded by President
Coolidge in the midst of his own
campaign for the presidential nomi-
nation.
ReprisaI Is Charged.
Second, the machinery of the De-
partment of Justice, which was dom
mated by Mr.. Daugherty, is used to
bring a case in Montana against Sem
ator Wheeler. Denial is made that
this is a reprisal, but Mr. Wheelers
wise. Investigators connected with
the Republican political organization
outside the Government assist in
building up the case against Mr..
Wheeler.
Third, the Senate takes up the
charges and by overwhelming vote
exonerates Senator Wheeler Mr.
Borah of Idaho, a capable lawyer,
sifts the charges, and the Senate
l.
serious.
Fourth, Harlan F. Stone is named
Attorney General. He consults with
his subordinates, who were appointed
by Mr.. Daugherty and, naturally,
friendly to him, and receives the i'm
preston that, Notwithstanding the ac-
tion of the Senate, the case should be
pursued. He goes into the case and
announces he will continue it's prose-
cution.
Fifth, Senator Wheeler becomes the
vice presidential candidate on a radi-
cal ticket. Conservatives become
eager to see a. blow struck at the
radicals. While the case is allowed
to drag during the campaign, it Is re-
vived after election.
Indictment Is Sought.
Sixth, Attorney General Stone is
named for the Supreme Court vacancy
caused by the resignation Of Justice
McKenna, and rumors begin to spread
that he has gone even a step further
toward prosecuting Mr.. Wheeler by
bringing a request for indictment in
the District of Columbia, as well as
Montana
Seventh, the Department Of Justice
according to Mr. Stone, feels that the
air in Montana is full of charges and
counter charges Mr.. Wheelers s
friends and counsel think the Dis
trict of Columbia is dominated by
the Republican administration and
the Government and that it would be
unfair to try case here which
should be tried in Montana
Eighth, Attorney General Stone in
sists it isn't the same case but re-
fuses to divulge exactly where the
difference is, giving as his reason
that he does not want to disclos Sc
evidence before trial. Virtually the
same witnesses and transactions are
involved, but Mr.. Stone contends now
that the acts took place in Wash
ington. He admits 1t could be tried
in Montana but prefers Washington.
Nomination Held Up.
Ninth, the nomination Of Mr. Stone
is held up by the Senate pending
further information on the whole
case. The administrations friends
are conducting a campaign in de-
fense of Mr.. Stones position, saying
he had to pursue the case when he
was convinced that irregularities had
occurred.
Tenth, friends of Senator Wheeler
say he has nothing to fear, but that
he is being made the victim of political
persecution and that all sorts of
technicalities can be trumped up If
the overnment wants to do SO.
So everybody is right and nobody
is wrong. Mr.. Stone can't stop now
lest ne be accused of trying to coax
the Senate into confirming him for the
Supreme Court. Mr.. Wheeler doesn't
want to be placed on trial in two
places at the same time on virtually
the same ground and with the pres
tige of the Government affecting pro-
ceedings Instituted here.
The radicals in the Senate in the
Republican group and the Democrats
constitute a majority, and il they be-
come convinced that the whole thing
Is the sequel of a political plot they
may hold up the nomination of Mr..
Stone even though they think he was
dragged into the maelstrom innocent
ly and did his duty as he saw 1t.
And thus the situation may continue
until March 4, when q new Senate
comes into power and where a ma
jority can be assembled to confirm
Mr.. Stones nomination. Confirma-
ton under such circumstances would
become purely partisan, and the hope
of Mr.. Stones friends is that they
can break down the political barriers
between now and March 4, so that he
will go to the highest court in the
land with bipartisan support
(Copyright, 1921