Evening star., 1925-01-27
HEFL|N SAYS STONE
DENIED j. s. CITIZEN
HIS R|GHTSAT LAW
Appointment of Attorney
General to High Court Again
Under Fire in Senate.
MAY APPEAR TOMORROW
TO ANSWER QUESTIONS
Whether He Will Discuss Wheeler
Indictment Before Jury Acts
Is Uncertain.

Debate on the nomination of Attor-
ney General Stone to be a justice of
the Supreme Court was resumed on the
Senate floor today while the Judiciary
committee was completing plans to talk
the question over tomorrow with the
Attorney General himself.
Senator Hefiin, Democrat. Alabama,
who was ruled out of order Saturday
when he tried to discuss the nomina-
ton in the open Senate, returned to the
attempt today with better success.
President Cummins, whose ruling
against the Alabama Senator on Sat
urday forced an executive session, re-
versed his opinion and permitted Mr..
Helm to proceed.
wheeler Case Not Conside red.
Declaring the attempt to return
second indictment here against Senator
Wheeler of Montana had nothing to do
with his attitude toward Mr.. Stone,
Senator Hefln said he was objecting To
confirmation entirely on account of Mr..
stones arguments before the Supreme
Court some years ago, in behalf OF ex-
ecutors Of the J. tierpont Morgan es-
tate, in a case brought by James Own
bey of Colorado. He was convinced, ne
said, that in the Ownbey case "a citi-
zen of the United States was denied his
rights under the laws"
1T is a serious thing" he con-
tinued. Ito appoint man for life to
the Supreme Court of the United
States No lawyer who aspires to
that place ought to object to having
his record discussed
Reviews Record OF Case.
NO lawyers duty to his client
warrants his doing anything which
would deprive another of the pro-
lection of the laws; no duty warrants
lawyer taking advantage Of
technicality which would have that
effect"
Senator Helm reviewed the record
of the Ownbey case, laying emphasis
on the order of the Delaware court
fixing the bond of the defendant at
5000, 900.
Senator Heffin declared that Own
hey sat in court and heard himself
deprived of his property because he
couldn't muster 100000 and have
himself given the rights of American
citizenship"
Makes Charge of Injustice.
He couldn't be represented because
of technicality," he continued.
"Ownbey appealed to the Supreme
Court. Mr. stone appeared for the
Morgan heirs, And he took the posi-
ton that no injustice had been done.
Now when a man who becomes At
torney General of the United States
holds that view of the Constitution,
his record ought to stand against
the credibility of his position. He is
as much responsible for the treatment
of Ownbey as the lower court
he =
worst pieces of judicial tyranny l
have ever come across. Nobody was
allowed to appear for him. My criti-
cism in that case lies on the Supreme
Court also"
stone May Appear.
Whether the Attorney General him
self will appear before the committee
in connection with the charge that
the Department of Justice in at
tempting to indict and try Senator
Wheeler is 'persecuting that Sem
ator' will depend upon what action
the committee takes at it's meeting
tomorrow, ii was said today.
The opinion was expressed, how
ever, by Republican members of the
committee that the Attorney General
would be invited to appear and that
he would come before the committee
and give any information that might
be necessary.
In some quarters the suggestion
was made. however, that the Attor-
ney General might not care to dis
close all the facts in the case until
after the grand jury has passed on
the Wheeler matter next week. Until
that has been done 1t was suggested
the full facts in the Wheeler case
might not be given to the committee.
Stone Would Testify.
A suggestion that the nomination
go back to committee pending an in
quiry in the Wheeler matter was
made at the executive session last
Saturday, and this information was
conveyed to President Coolidge and
the Attorney General. Senate leaders
who conferred with Mr. Stone later
said they were of the impression that
he was not only ready but entirely
willing to respond to an invitation of
the committee for statement
While Chairman Cummins, in call
ing a meeting of the committee for
tomorrow, said he would not him.
self issue an invitation, 1t is the un-
derstanding that the committee will
direct that one go forward. What
| ever statement the Attorney General
makes will be in executive session,
| under present plans.
WHEELER TRIAL AT BUTTE.