The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-02-03
AID IN HOOVER
CABINET HELD
FOR CONTEMPT
M'Cracken Arrested After
Failure to Give Mail
Probe Data.
BIZ United Press

TIUUG Udlds
By United Press
WASHINGTON, Feb. 3.-Investi-
cation of Hoover administration air
mail contract dealings was thrust
upon the senate today while men,
Der of the former Presidents little
cabinet was under arrest, charged
with refusing to divulge information
to a special senate investigating
committee.
He was William. P. MacCracken
Jr., assistant secretary of commerce
while Herbert Hoover was in the
White House, and since then at
torney for a number of airlines that
obtained federal mail carrying sub
sides.
A technical legal question will be
presented when Mr.. MacCracken
appears before the senate Monday
to answer charges of contempt of
a committee headed by Senator
Hugo Black (Dem., Ala, investi-
eating air mail subsidies.
The question is whether Mr.. Mac
Cracker may be forced to reveal
secrets between himself as a lawyer
and the airline companies whose
interests he was advocating.
Contempt Resolution Unanimous
The senate required Mr.. Mac
Crackers arrest yesterday because
he refused to submit to the Black
committee correspondence which he
said was confidential between him
self and his client airlines after he
retired from the commerce depart
ment in 1929.
Mr.. MacCracken's persistence in
his position aroused the anger of
the committee. Members of the
committee moved promptly to i'm
pound his files. The former Off
cial declined to permit a single
document to leave his possession I'M
til he Obtained waivers from his
clients.
The contempt resolution of the
senate invoking one of it's strongest
powers, was rushed to adoption
without record vote before adj
journment yesterday. Not one dis
senting voice was raised. Senator
Black urged that Mr.. MacCracken
be brought before the bar of the
senate to accept the alternative of
producing the desired correspond
ence, or receiving notice of con-
tempt proceedings.
After his arrest, it was announced
that Mr.. MacCracken had received
waivers from all of his client au-
thorizing him to surrender all data
pertaining to airmail contracts. Mr..
MacCracken was released in GUS
tody until noon on Monday, when
he must appear before the senate.
If Frank Hogan, his attorney, who
also was legal defender of Harry
Sinclair in the Teapot Dome oil
scandal.
One File Destroyed
Mr.. MacCracken established a
reputation here by his efforts to OBJ
tain federal mail contracts for
Western Air Express, Transconti-
mental Air Transport, Pan-Amer-
lean Always and other large avia-
ton corporations.
In two appearances before the
senate committee, he insisted he
could not reveal confidential cor
respondence exchanged in his ca
pacity as lawyer and his clients.
Plainly aroused, Chairman Black
and Senator Pat McCarran (Dem.,
New, openly charged that Mr.. Mac
Cracken's activities in Washington
had been confined to lobbying
Mr.. MacCracken testified candid
~ before the committee that since
receiving subpoena, he had permit
ted two personal" files to be re-
moved from his Office. One, he said,
was taken by L. H. Brittfn, vice
president of Northwest Anyways, and
contained only Mr.. Brittins person.
al correspondence.
Charging that the action con-
stituted "a serious offense," the
committee quickly summoned Mr..
Brittin and learned that the missing
file already had been destroyed.
Committee Resumes Quiz
In supporting the resolution, Sen
ator Wallace H. White rep, Me0,
said he was not passing on the
question of Mr.. MacCracken's pro-
fessional obligation to conceal his
clients business, but was incensed
by the fact that records which the
committee sought to impound had
been destroyed before the committee
could see them.
While Mr.. MacCracken was free
to keep dinner engagements, at
tend parties or go to his office,
investigators prepared for
q weekend of intensive study of
all files remaining in the youthful
lawyers possession. The committee
is scheduled to resume its hearings
on Tuesday.
Asked if contempt proceedings
would be pressed against Mac