Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-05-07
DAVIS RIGHT TO RUN.
CHALLENGED IN SUIT.
BohIen Supporter Attacks
Residence Claimed for
Labor Secretary.
peciAl Disnatrh 10 The Star.

| Special Dispatch to The Star.
PITTSBURGH, May THE ground
work for another contest in the Sen
ate over the election of Senator in
Pennsylvania is believed to have been
laid here yesterday when legal pro-
| ceedings were instituted challenging
the right of James j. Davis, Secretary
of Labor, TO run for Office in Pennsyl-
vania, on the contention he is not a
legal resident of the State.
In a petition filed with the Pitts
burgh registration commission to have
Davis name stricken from the voters
list, it is alleged he was appointed a
member of the cabinet by President
Harding March 4, 1921. as a citizen of
Illinois and that he could not since
then have qualified as legal resident
of Pennsylvania.
The commission today notified Davis
to appear before it next Saturday and
show cause why his name should not
be dropped from the list of registered
voters.
Bohlen Supporter Files Plea.
Davis is opposing for the Senate Jo-
seph r. Grundy, who now holds the
office by appointment of the Governor
of Pennsylvania, and Francis H. Bohlen
OF Philadelphia, candidate on a plat
form which declares for repeal of the
eighteenth amendment. The petition to
have Davis name removed from the
list of voters was filed by John j.
O'Brien, a resident of this city and
supporter of Bohlen.
Attorney o. H. Friedman of Pitts
burgh appeared before the registration
commission as counsel for O'Brien. 1t
is alleged by O'Brien that Davis, If
elected, would be denied admission to
the Senate and that the seat would be
given the Democratic candidate.
At the time of Davis appointment to
the cabinet he was head of the Loyal
Order of Moose. The headquarters of
the order are located at Mooseheart,
Ill. O'Brien contends Davis, when APP
pointed Secretary of Labor, was legal
resident of Mooseheart and that, as he
has served in the cabinet continuously
since then. he could not have become
a citizen of Pennsylvania, which, under
the law, requires residence of one
year in the State.
Wet G. O. p. Votes for Smith.
will be Sedwick Kistler of Lock Haven,
who is unopposed for the party nomi-
nation. The Democratic party in Penn
sylvania no longer is of importance in
a State election, as hardly a county is
dependably Democratic. Alfred E.
Smith was given a large vote in the
State and carried of the 81 counties,
but his support came from wet Repub-
licans. Despite the wet detection from
the Republican ticket, Herbert Hoover's
majority in Pennsylvania was approx
mately a million.
Kistler, who is comparatively new
man in politics, is millionaire manu-
facturer. He is Democratic national
committeeman from Pennsylvania and
Is recognized as head of the party or
ganization in the State. O'Brien, when
questioned regarding his motive in at
lacking Secretary Davis citizenship,
refused to make any statement, except
that Davis was 'straddling on the pro-
hibition issue" Kistler was in Pitts
burgh last Saturday night. when all Of
the candidates for State Offices spoke at
a meeting of women voters. but O'Brien
said he had had no communication
with the Democratic candidate for
Senator.
Davis Aides Blame Grundy Group.
Davis campaign managers charged
today the petition had been filed in
the interest of Senator Grundy's candi-
dacy This was denied by James j.
Coyne. State Senator and head of the
Grundy organization in Allegheny
County. There was report here to-
day that O'Brien and his lawyer have
been in communication with Will H.
Hays. Republican national chairman in
the Harding campaign, regarding the
circumstances under which Davis was
appointed to the cabinet. Attorney
Friedman stated that If the registra-
ton commission should render a de-
cision in favor of Secretary Davis he
would take an appeal to the courts of
Allegheny County.
He called attention to the fact that
Pennsylvania had been deprived OF the
representation in the Senate to which
it was entitled for nearly three years
by the contest over the seat for which
William S. Ware was elected, and pre-
dicted that if Davis should win another
prolonged fight would be staged at
Washington. Davis has registered as
a Republican voter from a residence,
No. 159 Hornaday road, in the twenty
ninth ward of Pittsburgh. 1t is two
story house and the home of D. B.
Jones, who is said to be an organizer
for the Loyal order of Moose. Mrs.
Davis is registered from the same
address.