Evening Star Newspaper, March 9, 1923, Page 4

ATOR DAL ASSALS CREESS APPONTHENT Naming of J. W. Tolbert as U. S. Marshal Subject of Lengthy Statement. ‘President Harding's second recess ap- pointment of Joseph W. Tolbert as Tnited States marshal for the western district of South Carolina was assailed 1n a statement by Senator Dial of that state, made public today through the democratic national committee. Should the President continue the practice of appointing men to office after the Senate had failed to confirm them, Senator Dial declared, the result wouid be to nullify the powers conferred on the Senate br the Constitution. “When Tolbert was first_appointed, ald Mr. Dial’s statement, “both mys and Senator Smith objected. 1 pre- wented to the subcommittee of the ju- diclary committee many charges against “Tolbert. Senator Shortridge. chairman of the subcommittee, sald he thought Tol- Dert ought to be heard, to which we, of course, agreed, but after walting for over a month' for Tolbert to ap- pear, we urged the subcommittee to olose the hearing and make a report, which it declined to do. Senator Ashurst of the committee said at the time {f only one-tenth had been proved of what was proved it would have been sufficient for him. “Tolbert, who falled to appear, was Fiven a recess appointment. but falled of confirmation at the next session. Thereafter the federal judge of the district appointed an acting marshal under the advice of the Attorney Gen- office. Soon thereafier the Prestdent sent Tolbert's name back for the third time and Senator Smith T again objected. “We asked for a new subcommittee | and an excellent one was appointed. sting of Senators Brandegee, Colt id Overman. The chalrman also re- quested the presence of two South Carolina witnesses, both of whom ap- peared, and while at this time I can- not make public their testimony I can Bay that the case against Tolbert at this hearing was even stronger than fn the first case. Tolbert has never one beyond making a general de- nial.” U. S. AND BRITAIN DEADLOCKED OVER NEWCASTLE ROW (Continued from First Page.) can consular officers at with improper conduct in the per- formance of their consular functions, and has allowed these charges to be- come public, it is incumbent upon the department to, investigate carefully the charges, in order to whether or not the officers gullty nd, it guilty, the extent the discipline required. With a view to reaching a conclusion, a very care- ful investigation of all the facts was at once undertaken, with the result that the department reached the con- clusion that the charges against the officers had not been gubstantiated. In these circumstances, the depart- ment saw no alternative but frankly to advise the British government of the result of its Investigation and to express the hope that the charges could be withdrawn “Atticle 4 of the convention of commerce and navigation of 1815 with Great Britain provides that, ‘In case of (llegal or improper conduct toward the laws or government of the coun- try to which he (a consul) is sent, such consul may either be punished according to law. it the laws will reach the case, or he sent back, the offended government assigning to the other the reagons fo. he same.’ “The position of the department in the present casc is that, {n Its opin- ion, no legal or improper conduct to- ward the laws or government of Great Britain has been committed, and that the only evidence of gullt which the British government has produced in support of its charges consisted of three unsigned statements which, upon examination by the department, were not regarded as at all suffi’ ctent.” The original British communica- tion of July 18, notifying the Wash- ington government that the exequa- tur of Slater and recognition of Brooks would be canceled, {s lacking. The American reply of August 11, however, thus repeats the specific charges made by the British. “In your note. you state that this Newcastle Announcement:— To be of further service to our customers we have opened a branch sales office in the Riggs - National Bank Building, 14th determine | wera | of | action 1s to be taken by your govern- ment because the American consulate at Newcastie-on-Tyne has been at- tempting to divert passengers from British to American lines by making difficulties for the issue of visas for the United States to passengers not traveling by American lines and, fur- ther, by hinting that inconvenience is likely to be encountered in the United States unless the passengers travel by American linee.” It was further shown that actual cancellation had been deferred by the British forelgn office until August 18 “In the belicf that this government (the United States) may prefer to re- | move these oficers of its own accord. The American note added that Se: retary Hughes had caused an in- vestigation to be made which did not “appear to substantiate the alle- gatlons.” The note also requested that “spe- clfic evidence to support the allega- tions” be presented and an oppor- tunity afforded the United States to present its views “in the light of such evidence.” Consuls Deny AMdavits. The next communication, a tele- gram to the American embassy, dated September 18 and signed by Acting Secretary Phillips, directed that Lord Curzon be informed that Slater and Brooks ve categorically denled the truth of the afdavits inclosed with the last note of othce” and stated that Consul Gen- eral Nelson T. Johnson would reach England about September 25 to con- duct a searching Investigation of “the Newcastle affair” in which co- operation of the British government was asked. The next communication is a note of November 9, handed to Lord Curzon by Ambassador Harvey, in reply to an unpublished British note of October 19. “My government” it said, “has noted that the British government j expresses its willingness to drop the charges against the American con- sular officers formerly at Newcastla- on-Tyue, on the understanting that the United States will reopea the onsulate with the least possible delay. United States Not Satisified. “The government of the United States has consistenly maintained the - position that the exequatur of Mr. Slater and the recognition of Mr. Brooks were withdrawn as the re- sult of specific charges of wrong doing and that, as the action of the British governinent and the nature of the charges were made public, | thus injuring the officers and im- puting to the American foreign serv- ice practices never authorized, It was incumbent upon my goverrnment to satisfy itself with regard to the facts. * * ¢ It has been desirous of completely establishing the gullt or innocence of the two officers and of disposing of the Incident upon its merits” Ambassador Harvey's note then pointed out that two separate in- quiries had been made. affidavits sub- mitted by the British government ex- amined and opportunity given that government to furnish _additional data. and that all these proceedings “have failed to bring to light dence to sustain_a charge of any | wrongful acts.” The British govern- ment_was asked “frankly and uncon- ditionally to withdraw the serious charges inadvertently made and pub- licly to announce the reasons for the action as was done when the ex- equatur of Mr. flater was canceled and the recognition of Mr. Brooks was withdrawn.™ Mere Dropping Unacceptable. Mere dropping of the charges was said not to be an acceptable solution to the American government, but it was added that the United States was charges be dropped and the consulate be reopened if the British govern- ment will agres to grant an exequa- tur to Mr. to Mr. Brooks as consul and vice con- sul, respectively, at Newcastle, and to the simultaneous issue at the two capitals of an announcement, in a form satisfactory to both govern- ments, of the action taken and the reasons thersfor.” The British note of December 27 made public by the embassy Is in re- pIy to this communtcation. It asserts that the original notification of July 18 “was iIntended.as a friendly hint to the United States government to transter those officlals (at the New- castle consulate) to other posts, | they were no longer personae to hls majesty's government” and that the month delay in cancellation of the exequatur was granted for that purpose. Desired to Aveld Publicity. | _“The purpose of this action., the | British note continued. “was precisely to avold that publicity which Mr. Harvey appears to deplore in the second and fourth paragraphs of his note, for which his majesty’s govern- the foreign | evi- i ready to accept the proposal that the | Slater and the recognition | THE EVENL mfi\l must entirely dllr.lle(rClDoa- > Lk ¢ The British note pointsd out that the Washington goversment had been ; furnished “with an indication of the reasons” for the contemplated action against Slater and Brooks in order to show that “no unfriendly motive un- derlay the decision” and because it was hoped “a frank exchange of views” would lead to “wHatever new regulations might be necessary” to prevent similar Incidents with rela- tion to either British or American consuls. ' “Tt was not thought.” the note £ajd, | “nor could it be admitted, that there should be any question of reviewing the conclusions to which his raje ty's government had come after a ful consideration of all the facts.” British Adhere to Declsion. It had been noted, the Britlsh note said, that the United States govern- ment had drawn from its own inves- tigations “conclusions difterent from those drawn by his majesty's govern. ment, but while regretting this differ- ence of opinion, his majesty's govern- ment feel bound to adhere to their original opinion.” It was reiterated that the British government regarded its information againet Slater and Brooks aa “entire- |1y accurate in substance and conse- quently entirely adequate to warrant the cancellation of the officers’ recog- ' nition.” The British note sald there ap- peared to be an American assumption that “a legal case had to be made out” against the consular officlals be- fore recognition could be withdrawn, nd declared this assumption at vari- ance with international practice and American precedents. The aMdavits, of which unsigned coples had been transmitted to Wash- ington, it sald, “were presented to the foreign office’ by individuals whose truthfulness is not doubted by hl:ll majesty’s government.” New Rules Are Urges h Tn his communication of November Ambassador Harvey referred to a ritish proposal that “tdentie instruc- I tions to consuls defining their duti Yin respes to nationai shippin should be issued by the two gov- ernments. He said while the United States government did not consider this as having a bearing upon the| settlement of the Newcastle incident, ' it would be pleased after disposition of that incident to discuss the con- clusion of a ‘“consular convention” with Great Britain. In that conmection, the State De- {partment made public¢ instructions to ! American consuls sent out under date | of December 30, and which contain | the following specific injunction: i “Applicants for consular services, | |such as certifying involces, acknow edgments, authentications and pas: port visas, unless they inquire spe- | cifically for the information, should | not be approached on the subject of ! ithe facliities of American passenger | | vessels. At another point, the clrcular in- structs consuls to “confine their ac- ivities In behalf of steamship com- | ipanies to investigating and report- | {ing upon shipping matters and an- swering satisfactorily any proper in- {quiry relating thereto which may be recelved.” : SAYS CHARGES ARE FAKE, Member of Parliament Lays Blame | on British Steamship Line. By the Associated Press. | LONDON. March 9. —David Adams, [1abor member of parliament for the | western division of Newcastle and also {a prominent ship owner, said yesterday |he had personal knowledge that the | charges against the former American consular officlals at Newcastle were “trumped up" on behalf of a certain { British rteamship line and that he was finally convinced the British govern- ment was unable to substantiate a single allegation which formed the basis of its actlon in withdrawing the exequator of the offictals. ! “T_have personal knowledge,” Mr. Adams declared, “that a certain Brit- ish steamship company sent men to the Newcastle consulate and attempt- ed again and again, as bona fide travelers, to inveigle both the con- sul and the vice consul into refusing to grant visas unless they travéled by American lines. : In every case, according ta -the evidence I have been able to get, they were unable o to persuade eithér the consul or the vice consul.” | ""Mr. Adams ritdiculed the govern- ment for submitting unsigned afi- davits as evidence to prove its alle- gations, saving: “Such’documents would not be con- sidered evidence In any country of the civilized world. I there .were really thirty or forty individual| cases of unfair discrimination, as the | government claims, eurely there could be found a few persons of that number willing to have their names used if they were disinterested trav- elers.” G_STAR, WASHINGTON, D. U, FRIDAY, Street and Park Road. _ “Merely Phone West 183—Service Starts at Once” _ F Branches: 'W—’ Main Office and Plant: W} 1641 Connecticut Avenue 3204-3208 N Street M. 3302 14th Street MARCH 9, 1923. PIGGLY WIGG OO rer e Ever Notice the Crowds At Our Stores? “There’s a Reason” NOT MONEY SAVER? 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