The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-04-18
FARLEY SUED IN
! AIR MAIL FEUD
! BY FOUR FIRMS
Injunction and DAMAGES
Asked by Those Who
Lost Contracts.

By Scripps-Hocard Newspaper Alliance
WASHINGTON, April 18.-Post-
master-General James A. Farley to-
day faced suits by four of the air
mail companies whose contracts
were Cancelled last February.
The legality OF the cancellation
was questioned in injunction pro-
ceedings instituted in the District
OF Columbia supreme court as Mr.
Farley was preparing to open bids
Friday for temporary operation Of
seventeen air mail routes. The four
concerns involved, BOeing Air
Transport, Inc; National Air
Transport, Inc; Pacific Air Trans
port, and Varney Air Lines, want
Mr.. Farley enjoined from carrying
out his cancellation order and de-
mand damages.
Notice of the litigation came just
as the restoration of some SEM
blance of order to the nations air
mail program appeared possible as
the result of the Presidents plan for
a commission to map a permanent
air mail program.
A test vote in the senate yesterday
apparently assured passage of the
Mcclellan Black bill The vote was
tailed forty-six for to twenty-five
against.
Democrats Return to Fold
Analysis revealed nineteen Dem
ocratic senators, who had voted
against the veto, were again aligned
with the White House, while only
one, who had sustained the Presi-
dent, voted against taking up the
air mail legislation.
Early supplanting of present
meager army air mail operations by
substantial commercial program
also seemed assured today when
postoffice officials announced they
intended to open temporary bids
Friday and award contracts at the
earliest date possible.
Many perplexing phases of the
air mail problem still exist, especially
as to specifications under which
private companies may regain the
government business and rebid-
ding. Regardless of whether the
poStoffice department carries out
present plans of awarding tempo
rary contracts or not, the companies
still will face the necessity of hav-
ing to bid temporarily again unless
the congress moves with unprece-
denied speed.
Postal officials predict operations
under the temporary contracts will
be started by June l. If this mate
rallies permanent air mail legisla-
ton must be passed by the next
congress by March l, 1885, to obviate
the necessity of additional bidding.
Although the Mcclellan Black
bill will be temporarily laid aside
today to permit consideration of the
administration sugar bill, both
authors predict it will be reached
again late this afternoon. Senator
Pat McCarran Dem., New, may
have amendments to offer. Senator
Simeon D. Tess (Rep., o., who will
lead the Republican opposition, de-
clared today that the proposed leg
islation is unnecessary.
G.. o. P. Attack Expected
Other Republican attacks are
scheduled by Senators Warren Aus
tin of Vermont and Wallace White
Jr. of Maine. These two Repub-
licans we're to continue their eff
forts to prove claims that non
subsidized independent aviation
companies plotted to have the air
mail contracts Cancelled.
The four concerns seeking to
enjoin the postmaster-g general from
enforcing his cancellation order
charge that Mr. Farley individually
Cancelled their contracts in an arbl-
trary manner without giving them
an opportunity to be heard.
Mr.. Farley is sued as an indi-
idual and not as postmaSter-gen-
eral on the theory that he had no
power as postmaster-general to an
null the contracts without notice
and hearing. They allege his ac-
ton was unconstitutional.