Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-12-31
Witness in France Enters
Objection to Appearance
Through His Attorney.
LAWYER CONTENDS LAW
is NOT CONSTITUTIONAL
Walsh Act Provides Penalty Of
100000 for Failure
to Testify.

Harry NJ Blackmer. former oil ex-
ecutive, now living in France, and
wanted by the Government as an i'm
portant witness in the Fall-sincialr
conspiracy proceedings. will resist tre
order Of the District Supreme Court
calling upon him TO appear al the
January Is trial OF the Teapot Dome
ease. Justice Frederick l. Sidduns
was informed today by George Cor
don b tile. Blackmers attorney. Bat
tie filed a motion TO vacate the con-
tempt order issued against his client
for failing to attend the first oil trial.
on the grounds that the law is IN
constitutional
Argument on the motion Of Black
mer's attorneys attacking the validity
OF the Walsh act which gave the gov
eminent authority to subpoena the
American living abroad. and provided
a penalty OF not to exceed Si00. zoe in
the event the subpoena is ignored.
vas set by Justice Siddons for Feb
ruary -. after he was definitely told
by Mr.. Battle thar the outcome OF the
Blackmer contempt hearing would
have no effect on getting the oil man
10 this country for the new Teapot
Dome trial.
Asks Contempt Dismissal.
A motion TO dismiss the contempt
proceedings against Elackmer on the
ground that the citation was uncun-
stitutional later was made before JUS
tice Siddons by Blackmer's counsel
Gould you tell me whether MI.
Blackmer proposed 10 resist the sum
mons for the new trial as he has thus
far?' asked Justice Siddons OF Mr.
Battle.
He has been advised by counsel"
replied Battle. that the law under
which he would be brought here 10
unconstitutional and. therefore. ne
has no legal obliga ton. II he return
ed il would be a voluntary act. and
as he has retired from business ard
= living in France he does not desire
10 appear"
Then. I understand in effect, ne
will not appear n obedience 10 the
second summons" asked the justice.
Battle replied in the Affirmative
Before .dsts wsS set Tor argument
on the Blackmer motion, which Was
filed with the clerk today. much Dis
cussion was had between the court.
United States Attorney Peyton GcrSson
and Mr.. Battle, owing to the uncer-
tainty OF completing present Sinclair
the fact that the nsw trial opens in a
very few court days.
Case Resumes Tuesday.
Justice Siddons emphasized that
under no circumstances would he de-
lay the expedition Of the present cuE-
tempt case. which viii resume Tues
day. before him. inasmuch as there
appeared n probability that the new
Teapot Dome trial viii begin as socn
as the contempt case ends. ths court
set the date OF February - for Eae
Slackwsr ease. subject 10 the te<Tntna.
ton @ the contempt hearing,
In establishing this date Justice
Ssddons said.
Il shall require that arguments 80
on at thar time,
The ElacSmsr contempt case vas
due for s hearing January s. eoe cS-
ING 10 the inability OF former Scv.
Nathan l. Miller ef New York. Nr.
Battles associate cuanssl. 70 - pres
sus because - professional sa<axs-
meats thai viii require his attention
until the latter part CT January. u
continuance Was asked. together with
hearing on the motion IL set aside
unccnstiguiicnahsS \ further reason
to: asking cVntinuancs. Mr., Battle
explained hay In the fact that gAs
SlScAmsr attorneys have sent "a
France fer the osi mans SrS(SzVis ana
Il VIII pot ~ here ~ January
Mai Gordon declared the GcVera~
nsni Caia nor wish 81 es understood
as coRcus ranS IN tire request Vf
BlacAmsrs COUNSEL ard added. AR I
can SAY is the Government is ready
- proved wigh ne argument 81 Jan.
uarN :
Would WA wish III suspend No.
,nS or the matter now ea hand
aSNsd Justice SSdi>aS referring 10
che Sl0cISir~ Burns eoateneS cass
4 wc0ld nes, replied Mai Gordon,
1 sunt tn{nk IL wcoaI - 4 Vrsv
prac1lral getuS 30 10 ard nVtn asanN
points ~ New A asNSt undesirable
shlnx - 81" observed IuStScs SSSigsen>.
$issdaas Hopes TOR Artten.
lusssre SiSsgenS said ne inGutyxSs ef
MAJ Gordon Yesterday as ~ tire rs<,s>-
aide length NJ The present erstsnrt
case and Mas tnfeFass1 ssSss 81 e0ut1
NOT e~ c~,aSl,,ssA eefegv January g.
ihe dsN NJ tire HiackassF ceatsnspt a.
der heaslNS The eHtgt then aAssd
that re wouA noe interrupt toe SIN
clair, E9va> case, oNt wsatd pgNsc~@2
a. speedily A. pNSSials VITA due con,
SeterSt'NN ~ the rtSags ~ everyday
IN that case
4 h1alSS 4 very sincere N0pS,
ceNtiNuel Justice SsltseaS. that the
present ease wtn terminate e~scFU
January Is ann tAas Ne shah AS EwSjN
~ So ea the lSte That <tav Mas aNe>l
At tee ,sSISnr@ II the pr~SSeS ostS,p
rhS e2ust Stsie1 ne had heesd Al e4s@
time ~ take ur ire sSsSSNnaes matter
eeR'Ee the rev TeSe~s tNsssss Sy&al sHA
Ieat he NuSw vi = time waea Il c>,asA
10 done
Ms tS1ttlS eNpsasne>a gAak II the AZ,
SNuTntS ou hsS 0sNtl<sn Mere held ~
fNte the tgesh tesst 'x><N@N not e<.ass~
vel Ma, tasscNNsC ~ apENNtE cesoES tss
>er>sad trial
Maj EVr>sAa Mas aSNyAa IN tAs eSSAarS
how seas tAe nS.w k,att SsNSkasy SStSa
wouA t2ks, aaa he l.g>SsSagSNF ssNw
u a. his or9nt>sa that tAa ng<ASes~ttssSs
W@Ald t0n acath, Mica asNea N
luStiTe SsSl,toAS II tas prosecution AS8A
ANY r~ASnn FpE ire kASkaAsE RAagt@E
~. ~.