Evening star., 1943-01-23

ployes were given two weeks paid
vacations each year He added that
it was common practice for such
employees to get short time jobs
during their vacations and that he
saw nothing wrong In the practice.
Mr. Moran said occasionally" Mr..
Flynn would request city-owned
car to drive him home or to a hotel.
but remarked that in the days before
the gasoline and tire shortage that
was a common practice with many
city employees. He said city-owned
cars frequently were seen at upstate
political meetings and even at race
tracks" although am not patron
of the races"
Mr. La Guardia Is scheduled as an
afternoon witness in an unusual
Saturday session, which Chairman
Connally said he hoped would end
the presentation of testimony on
Republican charges that Mr.. Flynn
is unfit to hold the diplomatic post
Senator Connally made it plain,
however, that If Mr.. Flynn wants
to testify again in his own be-
half. he may. Otherwise, the
committee planned to take ad-
vantage of the weekend recess to
study the testimony preparatory to
vote early next week on the nomi-
nation of Mr.. Flynn.
Bronx Official Called.
Mr.. La Guardia was called to tes-
tify primarily on charges made
against Mr.. Flynn by previous wit
nesses that he knew the courtyard
was being paved with New York
City materials and labor.
Mr.. Flynn has denied that he had
any knowledge at the time that the
work was being done by Bronx Bor-
ough laborers.
Previous witnesses have testified
that Mr.. Moran directed the work
to be done, and Mr.. Kern told the
committee yesterday he was salts
fed Mr.. Moran would not have
given the order without first con-
sulting Mr.. Flynn.
Following Mr.. Kern to the stand.
Mr.. Herlands said his inquiry into
the case had convinced him that
Mr.. Flynn knew that city workmen
and materials we're being used, out
there was not sufficient direct evil
dence to obtain court conviction.
A Bronx grand jury cleared Mr..
Flynn OF any wrongdoing, returning
no indictment.
Case Broken" Prematurely.
Mr.. Herlands contended Mr.. Kern
had broken" the case prematurely.
asserting that he was working dill
gently under the direction of Mr..
La Guardia to bring criminal case
against Mr.. Flynn.
Mr. Kern delved into another of
the Republican charges that Mr..
Flynn's law firm had represented
Serge Rubinstein. who Mr.. Kern
said had "a number of contacts
with Japan The witness said Mr..
Rubinstein had helped discount
notes and bills of exchange for ship
ment of machinery to Japan before
the war and gave $4,000 yen to the
Japanese army and navy relief fund
in 1899.
He charged that Mr.. Rubinstein
was IAN alien illegally in the United
States on passport obtained fraud
ulently," adding that he not only
had avoided prosecution on the
passport fraud, but he has been in
vited to and entertained at the
White House"
Mr. Rubinstein has no other
qualification for such preferred
treatment except his retention of
Goldwater & Flynn" Mr.. Kern testi-
fed. Later Monroe Goldwater, Mr..
Flynn's law partner, told reporters
he understood Mr.. Rubinstein had
been invited to. the White House at
a charity reception along with sew
eral hundred other persons.
District Attorney Samuel Foley of
the Bronx told the committee that
grand jury which he guided in the
investigation Of the paving block
case found no evidence that Mr..
Flynn knew the work was being done
with city-owned materials and labor
Daniel A. DAILY, foreman of the