Evening Star Newspaper, July 14, 1924, Page 1

. WEATHER. Partly cloudy tonight; probably show- ers tomorrow; fiot much chamge In tem- pérature. Temperaturs for twenty-four hours cnding at 2 fim. today—Highest, 88, at 3 p.m. yesterday; lowest, 68, at 3:45 a.m. today. Full report on page 17. Closing N. Y. Stocks and Bonds, Page 22 29,294, post U.S WORLD FLYERS REACH PARIS AFTER HOP FROM VIENAA Smith, Flight Chief, Too Tired to Respond to Hearty Reception. FRENCH PILOTS ESCORT AMERICANS TO CAPITAL J Globe-Circlers, Physically Fit, Ex- hausted From Lack of Sleep on Trip. | By the Assaciated Press. | PARIS. July 14—The three air-| planes which are attempting to car the insignia of the¢ American air| service around the”world and to girdle | the globe by air for the first tlmc! in history, today practically finished | the Asiatic and European stages of their long flight when they swooped | down upon the Le Bourget Airdrome| Field It was ideal flying weather, wit the sky deep blue and with but a few clouds here and there moving through the practically windless alr. When the American airmen were within | easy sight of their goal they turned | back and passed the Arc De Triomphe, escorted by a squadron of | French airplanes in military forma- | tion, which had met them after they had flown over French territory, re- lieving a squadron which had accom- Panied the fliers part of the distance from Strasbourg. over Reception Enthusi As the planes came to earth on the French official landing station, the six Americans were greeted Wwith great enthusiasm by a large throng which had gathered about the air- drome. The aviators, although showing the Wear and tear of their long trip, were full of good cheer and visibly affected by the warmth of their reception. The Americans arrived here at 4:46 o'clock this afternoon. The airmen arrived at the Le Bour- get official air fleld, escorted by a ! squadron of French army airplanes in military formation. They were received by Laurent Eynac, undersecretary of, the French air ministry. The first of the fliers to land was Lieul. Lowell H. 8mith, looking tired and dirty and covered with perspir tion. He was so affected by the én- thusiasm of his reception that he was unable to reply to congrattlations except in monosyllables. The other two fliers landed as quickly after- ward as safety permitted. “I am most happy to welcome | You to France” said M. Eynac, “I want to congratulate you with all my heart on the magnificent tour you are making around the world.” Asks About Olymples. “How do-we stand in the Olympic games?” was the first question Capt. Smith asked. He was highly pleased when told where the United States ' stood, and then said: “I'm all right now. I'm tired and have a lot of sleep to catch up with, but otherwise 1 am ready to go ahead.” Besides M. Eynac, representatives of the president of the republic, of the ministers of war and the navy and of the American embassy greet- ed the fiyers. . Paxs Border at Noon. By the Assoclated Press. LE BOURGET, France, July 14.— The American round-the-world flyers, who left Vienna at 5 o'clock this morning, arrived at Strasbourg, on the French frontier, before noon and left there at 12:15 p.m. the French air service officials were advised in Strasbourg messages. = Two squadrons of French military airplanes, twelve machines in all, left the airdrome here this morning for Strasbourg to meet the American fiyers and escort them to Paris. A message to the American em- { bagsy stated that the flyers, before landing at Le Bourget aerodrome, plannéd to circle over the tomb of the unknown soldier at the Arc de Triomphe. ’ CROYDON NEXT STOP. Flyers Due to Reach British Air Station Tomorrow. By the Associated Press. LONDON, July 14.—The American round-the-world flyers will arrive at the Croydon air station, just outside London, about noon tomorrow if they continue at the terrific pace they have set since they took off from Karachi, in northwestern India, on July 7. The aviators will stop here a day as the official guests of the British alr ministry, which is prepar- ing welcoming ceremonlies for them. Tomorrow night they will stay at the Royal Aero Club and Wednesday will hop north to Brough for a week's rest and change of motors and the attachment of pontoons before start- ing thelr final lap homeward by way of Iceland and Greenland. FLYERS FEEL STRAIN. - Loss of Sleep Causes Exhaustion tic. | | committee had been appointed, and that | plan and the forthcoming allied confer- | perts' committee was Inherited by the | war, Gen. Nollet, and Count de Peret- and Humorous Incidents. (o r:gwi:h&%;rrm:fid 1924. Deny. Vienna, July 14—When the Amer- fcan airplanes circled Sunday above Vienna's aspern field and then made 8 smooth landing in perfect align- ment, the American fiyers returned to civilization after a weary, perilous grind over deserts, jungles, moun- tains and seas. They were glad to Wurépe and ‘while, owing ‘to a \::Mné telegram announcing that Entered as second class matter office Wushington. D C. French Flag Flies Under Guard on Berlin Embassy By the Associdted Press. BERLIN, July 14.—Policemen with rifles from atop the Bran- denburg gate and the roofs of nearby buildings guarded the flag flying over the French embassy today. The measure was a pre- caytionary one taken to prevent a repetition of the incident of three years ago on the French national holiday, when the tri- color was wrested from the staff by men who reached the embassy roof from adjacent buildings. Other policemen with rifles also marched back and forth directly in front of the embassy, where a string of automobiles constantly brought and took away members of the diplomatic corps calling to pay their respects. The French embassy here hoists its flag only on July 14. PARISBALKSAT .S REPARATIONS VOTE Wants - Extra M'eeml;er for France if American Named to Commission. MACDONALD LAUDS WORK Discusses Dawes Plan in Commons as ‘Delegates Gather for London Parley. By the Associated Press. LONDON, July 14.—Prime Minister| MacDonald told the House of Com- mons today that he understood from conversations with Premier Herriot of France and others that if an Amer- fcan were appointed to the repara- tions commission to safeguard lM‘ creditors of the £40,000,000 loan to Germany, France would undoubtedly | insist upon an extra appointment to the commission ' The fact that the reparations experts’ Americans were present as members of the committee, had undoubtedly tre- mendously contributed to-friendly rela- tions between Great Britain and France, the prime minister said. In the course of a debate on the Dawes ence, the Dremier remurked that the ex- present. goverament, and then added | that there. was no_doubt in his mi of the s “aitedt of the commite tee’s work. : The Daily Mail today gives much prominence té the position Owen D. Young, ‘one of the Amierican mem- bers of the experts' committee, will hold as “an interested by; er”* beside American Ambassador Kellogg and Col. James, A. Logan, the¥United States observer with the reparations commission. The paper states that if Mr. Young is, invited to place the Washington government's view be- fore the conference he will® express it to the following effect: “If the allies and Germany proceed whole-heartedly in the direction and execution of the Dawes report Ameri- can co-operation, both moral and financial, is assured.. Regarding the Allied’ debts to the United States, the latter, while intent upon the ac- knowledgment of the principal of the obligations, is willing to leave the refunding details to the-future. HERRIOT PARTY LARGE. French Premier to Take 30 Experts to London Conference. \ By the Associated Press. PARIS, July 14.—Premier -Herriot will take about thirty persons with him to the inter-allied conference at London, which will' begin Wednesday. The official delegates will be Minister of Finance Clementel, “minister of ti de la Rooca, director of political affairs at the Qual d'Orsay. The foreign office, besides Count de Peretti de la Rocca, will be repre- sented by Count Charles de Cham- brun, Jacques Seydoux-and various other important persona The war department is sending Gen. Georges and Gen. Desticker with their staffy. The ministry of finance also will have a strong delegation headed by Jean V. Parmetier. Several of the French representatives who will accompany the premier have taken part in all of the supreme council meetings. since the war. BERLIN DISAPPOINTED. Compromise Between Herriot and MacDonald Brings Fears. BY EDGAR ANSEL MOWRER, B Rade 3 Tino St 4 B By BERLIN, July 14.—Disappointment and uncertainty have seized Germany since the news of Prime Minister MacDonald’s “compromise” with Pre- mier Herriot over military evacuation of the Ruhr wag learned. Germans hoped that the presence of two liberal premiers would make for a settlement on a really friendly basis. Herriot, they believe, would be favorable to such a settlement, but he is influenced by active French Na- tionalists. MacDonald understands the necessity of such a settlement and realizes the absurdity of increasing rather than lishing the powers of the reparations commission, ‘but Mac- Donald is influenced by Herriot. ITALIANS SKEPTICAL. Believe Conference Offers Hope. of Success, By the Associated Press. # ROME, July 14—The Italian ‘dele- gation to t! interallied confe nce to _be held in London left for that mm%n Little he WASHINGTON, 3000 DEAD IN FIGHT INSAOPAULO, SAYS REFUGEES' REPORT | Many Civilians Among Killed in Federal Bombardment. Rebels Hold City. U U. S. OFFICIALLY TOLD OF REGULARS LEAVING Attack on Rio Janeiro Said to Be Planned—Government Con- fident of Winning. By the Associated Press. SANTOS, Brazil, July 13 (Sunday). —Fighting in the city of Sao Paulo, seat of tht Brazilian insurrection, has been of the most desperate char- acter during the past few days, ac- cording to two employes of an Amer- ican concern who arrived here today after a perilous journey afoot from the beleagured metropolis.- They timated that the dead among troops and civilians will reach 3,000. The luxurious Hotel Esplanade at Sao Paulo has been turned into a hospital, and is said to be crowded with the wounded. Shells from the besieging federal forces have falling in the city. One landed on a hotel, killing eight civilians. Some of the federal artillery, stationed south of the suburb of Ypiranga, has been bombarding the city. Most of the fighting which has been taking place between here and Sao Paulo is said to have been between bands of rebels and federal troops. Report Federals Ambushed. Refugees confiym the report that six hundred federal troops who started last week from Santos to aid in the relief of Sao Paulo were cut to pieces by the' insurrectionists Gov. da Campos, Sao Paulo state president, is understood to be here in Santos now under federal protection He is declared to have said that the people of Sao Paulo wanted him to remain as a leader in the insurrec- tion, but he refused to join the move- ment, whereupon he was permitted to escape from the city. The rebel forces defending Sao Paulo against the attack of the fed- eral troops are estimated to number 34,000. This number is said to be in- creasing (83ily. by recruits arriving from nearby reglons. The federals at present are estimated to number 24,- a 540 Patls Is =414 to have turned the entiré population overwhelmingly to the support of the leaders of the in- surrection. May Attack Rio Janeiro. 1t is reported that the state legis- lature will meet Monday to take the necessary action for the besieged city's welfare. It is declared that milltary ~ leaders, - headed by Gen. Lopez, are preparing to take the of- fensive against the government by marching on Rio Janeiro, expecting te attract reinforcements en route. The rebel forces are equipped (Continued on Page 2, Column 7.) 33 JAILED IN ALLEGED ALIEN SMUGGLING PLOT Captain and Mate of Vessel and 81 Italians Taken in New York Harbor by Police Boat. By the Associated Press. NEW YORK, July 14—The captain and mate of a forty-foot sailing vessel and thirty-one Italians dis- covered in the hold of the vessel were taken into custody last night by the crew of a police boat, and charged with conspiracy to violate the immigration law. The discovery of the aliens was made after the crew of the police boat had overhauled and boarded the sailboat, suspecting the crew of rum-running activities. The captain of the vessel, according to the police, said he had been paid $75 by the captain of a passing freighter to land phe Italians on American soil. CALLES LEADERS NAME PROSPECTIVE CABINET Mexican Ministers Are Chosen by General’s Backers, Confident of His Election. By the Associated Press. MEXICO CITY, July 14—The sup- porters of Gen. Plutarco Elias Calles are so sure of his recent election to the presidency of Mexico that the personnel of his' cabinet is already the subject of conversation among the leaders. The following are men- tioned as probable ministers: Gilberto Valenzuela, interior; Jose Maria Puig Cassaurano, Conservative Laborite, foreign; Arnulfo Gomesz, es- in been | small | i + Foeni WITH SUNDAY MORNING EDITION D. C, MONDAY, JULY 14, » ITS A FLIMSY STRUCTURE,JOHN, DEAR BUT YOU CAN STEP GINGERLY OVER THE WEAK \?Po'rs AN BE MigHT P SHAVER 1S ASKED T0 RUN CAMPAIGN West Virginian, Long-Time Supporter, Davis’ Choice | to Take Management. SEEKS LEADERS’ATTITUDE Wants Assurance of Co-Operation of Such Men as Roper and Roosevelt. BY DAVID LAWRENCE. NEW YORK, July 14.—Clem Shaver of West Virginia has been asked by John W. Davis to become campalsn mamager. This carries with it th p_pf the Democratic na- mfiu. and when that body meets, three weeks hence, arrange- ments would be made to have the present member from West Virginia ¥etire in order to make way for Mr. Shaver. There has been some doubt how- ever, whether Mr. Shaver would ac- cept. He is so eager for the success of John W. Pavis that unless he could be assured of the active co- operation of men like Daniel C. Roper, Franklin Roosevelt and others who know national politics from the Democratic viewpoint due to their experience in previous campaigns, he would not take the position. Mr. Shaver is anxious for a harmo- nious front. He has excellent polit- ical judgment and it was largely due to his tact that no steps were taken by the friends of John W. Davis in the preconvention fight which might have prejudiced chances of victory. In view of the factional differences that have existed, the selection by Mr. Davis as his manager of any one who had a conspicuous part in the preconvention fight, it is felt, might prevent harmony. Mr. Shaver re- mained on good terms with all fac- tions throughout the convention. He is the type of man who would draw to hig side all the assistance he could get. Judge David Ladd Rockwell, the McAdoo manager, has aiready volunteered his services and probably will be an important aide in the cam- paign to come. Long a Davis Supporter. There are other reasons why Clem Shaver is looked upon as the logical choice. He made the first speech nom- inating John W. Davis for Congress. He helped organize the first John W. Davis for President Club. He was at San Francisco four years ago with his little band of worshipers of John W. Davis He knows the candidate intimately, and is in a position to speak authoritatively for him. And John Davis knows Clem Shaver. There would be no pledges made, no compromising negotiations of any kind which might embarrass the nominee. Indeed, it is a mark of con- fidence that John Davis did not wait a single day_before offering his lifelong e the highest position he could £ive him in the national campaign. 3 desire of the Davis campaign to .p'fl'.’x to the West and Middle West ~ (Continued on Page 3, Column 4.) COOLIDGE NOTIFICATION SECOND WEEK IN AUGUST present military commandant of Mex- | eremonies Probably Will Be Held ico City, war; Luis Morones, Radical Laborite, communications; Lais Ga-| . in Memorial Continental Hall. - brera, former minister of finance dur- ing the Carranza regime, finance; Celestino Gasca, Laborife and former governor of the federal district, in-| dustries; Ramon P. Denegri, agrarian leader and minister of agriculture in Conference Wednesday. Ceremonies notifying President Coolidge of his nomination as the Republican candidate for President will be held between August 7 and CAREFUL OF THE LODSE, LEAGUE LATH FIVE PERSONS DEAD IN KANSAS TORNADO i Woman Killed by Flying TimBers. Four Unidentified Bodies Taken From Debris. By the Associated Press AUGUSTA, Kans, July 14—The bodies of five persons have been re- covered from the wreckage of a storm that visited this district last night, Brig. Ger. Charles A. Martin of the Kansas National Guard announced today. Three unidentified bodies were taken from the debris of &n oll well shanty southeast of here, and another unidentified body was found near the local railroad yards. Mrs. R. F. Scott was struck by a flying timber and Kkilled. INTENSIFY SEARCH FOR OFFIGER'S BODY Army Men and Police Sure Maj. McLeary Was Slain, on Finding Auto. By the Associated Press. ASHEVILLE, N. C, July 14—An intensive search of this section was begun early today for the body of Maj. Samuel H. McLeary, who disap- peared from Raleigh July 2 and has not been heard of since that date. Maj. McLeary's atuomobile was found near Canton, N. C. yesterday, the car containing his personal effects and baggage as well as a blood- stained Army cap. Until ‘the. finding of the cap; offi- cials had entertained the hope that Maj. McLeary may have suffered a mental breakdown and temporarily lost his mind, but that theory had been abandoned today and in its place was a definite belief that the officer had been slain. Searching Party Active. A searching party organized by Maj. S. H. Willams, Army inspector assigned to the North Carolina Na- tional Guard, left here today to search the mountains and streams of the Canton neighborhood for some trace of the missing officer. According to information reported to the authorities yesterday, the major's automobile entered this sec- tion on July 3 and was abandoned later the same day. The farmer who made this report ,stated that the machine contained three passengers. Another report was to the effect that the machine came down the mountain near where it was found later in the same day but with only two pas- sengers. Maj. McLeary disappeared from Raleigh. Hig failure to claim some money sent to Columbia, S. C., led to the discovery of his disappearance. He was en route from Norfolk, Va., to Fort Moultrie, S. C. PERSHING ENTERTAINED BY FRENCH WAR CHIEF Attends Nollet Dinner With Joffre, Petain, Herriot and Prince Charles of Rumania. By the Associated Press. PARIS, July 14—Gen. John J: Per- shing, Premier Herriot, Marshal Joffre, Marshal Petain and Prince Charles of Rumania were among the guests at a luncheon given yester- day by War Minister Nollet in con- nection with the celebration of the eve of France's national holiday. ‘The annual 14th of July review was drdered canceled today, as it 'was last year, owing to the extreme heat, the Obregon cablnet, agriculture: Al |August 14, it was indicated today at|Gen. Nollet being unwilling to risk fonso Cravioto, instruction. CARDINAL MERCIER ILL. health has been failing lately, ac- cording to the Petit Parisien’s Brus- ‘The sels correspondent. It is sajd that|July 24, PARIS, July 14.—Cardinal Mercier’s | made as to the exact date. the White House. ‘William M. Butler, chairman of the Republican national committee, will arrive here’ Wednesday for a confer- ence’ at which final decision will ‘be The urr- monies probably will be held in Memorial- Continental Hall. date was set originally for but that day was abandoned he has been ordered to take an abso,|after the death of the Presiden lute rest and canéel his:engagement at the Amunl: International Eu- mmw_r_‘& accidents. 5 ‘The cancellation of the review of the troops will please, without sat- isfying, the extreme parties, who de- mand the suppression of this annual event as encouraging militarism. . Mrs. Thomas C. Howard Dead. ATLANTA, Ga., July. 14.—Mrs. ‘Thomas Coke Howard, ninety-two, mother of former Representative ‘William Schley Howard, and a plo- :'u:hr!lldafl( g; ‘?fi:rxflb %un!y. fed o home son, in Decatur, ‘here, yesterdaSe i - n Star. 1924 —THIRTY-TWO PAGES. 33 FOREST FIRES BREAK OUT INWEST Serious Situation Develops in California When Lightning Starts New Blazes. LOSSES REACH MILLIONS | Vacationists Join With Laborers in Fighting Flames in Na- tional Reserves. By the Associated Press. SAN FRANCISCO, July 14.—A new serious forest fire situation had de- veloped in the Klamath national forest, in northern California today, as a result of thirty-three blazes started by lighning, according to a réport to the United States forest service here. Many of the blazes have been brought under control, but three have assumed serious proportions. They were on Clear Creek, Humbug Creek and near Oak Bar. The Elizabeth Lake canyon fire in the Santa Barbara national forest Was reported to have crossed the hills Into Fish canyon and five miles of control line was being thrown up. The report from the Bull Run fire in the Sequoia national forest was that the fire line, manned by| 400 fighters, held all of yesterday and that the situation was hopetul. Meager reports from the Lake Ta- hoe and Shasta national forest indi- cated that the fires which had as. sumed serious proportions in those areas were taday sufficiently under control that no further danger was expected. MANY ARE DRAFTED. Efngexs Call Rich and Poor Alike to Fight Flames. By Consolidated Press. SAN FRANCISCO, July 14—Forest fires which are burning in four big Bovernment reserves in California are entailing losses running into millions and also are proving great levelers of persons. Bankers are la- boring, sweating and, nursing aching muscles alongside nondescript “bin. diestiffs,” rich clubmen and million. alres beside humble day laborers, This democratic mingling of rich and poor, bathed and bathless, is not a matter of choi & matier op ce, but of law ana The Bovernment forest reserves in Which the four most dangerous fires now are burning are the summer- time mecca of vacationists in Cali. fornia. Owners of palatial plush-up- holstered limousines, as well as lowly flivvers, flock to them in grea bers. Kt Impreswed Into Serviee. California has a law on its statute books which authorizes government forest rangers, in case of emergency, to impress into service as fire fightery anybody they can find. The law re. spects no one, rich or poor—neither do forest rangers—and the alterna- tive for refusing to fight fire fs a mandatory ten-day jail sentence and a heavy fine. When forest fires break out men are needed quickly to combat them. For- est rangers in the quartet of govern. ment reserves now menaced grabbed the first help they could find, and that help just now happens to be all vacationists who were to be found anywhere within a day’s ride.; It is estimated that tully 15,000 such vaca- tionlsts are rendering today wfther voluntary or involuntary service as forest fire fighters. Face Arducus Fight. In numerous cases, according to re- ports reaching here, forest rangers invaded exclusive mountain hotels and marched all the male guests to the fire lines. Once arrived there, they were given picks, shovels, axes or wet gunny sacks and set' to work. Simultaneously the forest rangers “From Press to Home Within the Hour” The Star’s carrier system covers every city block and thg regular edi- tion is delivered to Washington homes also telephoned the nearest towns.for as fast as tl * Columbus’ Diary Found in Mexico, Newspaper Claims By the Associated Press. MEXICO CITY, July newspaper EI Universal claims that Mexico holds the original manuseript of the diary of Christo- pher Columbus, detailing the voy- age for the discovery of America and terminating in the return voyage. The newspaper states that when a storm overtook the ships at the Azores Columbus hurriedly com- pleted the diary and intlosed two copies, one in a wooden box and the other in a wax casing, throw- ing them overboard. It was said that he feared a shipwreck was imminent and felt that the diary was the sole means of announcing his discovery of America to the world. It is reported that the manu- script of the Columbus diary was purchased by the present owner in Havana eight years ago and is now being studied by local au- thorities, who do mnot doubt its authenticity. According to EI Universal the manuscript was found 300 years after it was thrown into the water. 0. . BUDGET HELD 14.—The WITHI S50 Commissioners, at Confer- ence, Cut School Items to $10,000,000. AUDITOR DRAFTS REPORT; $3,000,000 Increase Over Last Year Is Due to Higher Salaries. Although some officials at the Dis- | trict building are anxious to have put into the estimates a number of the more important District of Co- lumbia needs that have been marked for elimination, it is not believed that the present total of approximtely | 335,500,000 will be increased. The city heads held a final confer- lence on estimates with members of the board of education today to de- cide on.the items that should be stricken out in order to reduce the total amount for schools from the original figure of $12,500,000 to $10,- 000,000. The Commissioners are represented as being of the opinion that $10,000,- 000 is as much as the¥ can approve for schools without undue curtail- ment of other important municipal ‘work. Report Betng Outlined. Following today's conference Maj. Daniel J. Donovan, auditor, set him- self to the task of outlining a re- port which the Gommissioners will transmit to the Budget Bureau tomor- Tow, giving a brief summary of what the new estimates include. The de- tailed estimate sheets will not be submitted to the Treasury until later. It was reported today that the office of public buildings and grounds, the esti- mates for which are made a part of the' Commissioners’ budget, is asking for lib- eral amounts for maintenance and im- provement of the Federal parks next year. Salaries Effect Increase. Although the estimates that will go to the Budget Bureau tomorrow are | $3,000,000 in excess of the tentative fig- ure recommended a year ago, the in- crease is made up principally of higher salaries provided for by Congress, be- ginning with this year, so that the sum requested for municipal projects is probably no greater than was sought a year ago, A year ago, however, the Budget Bu. reau ordered the Commissioners to make heavy reductions in their original fig- ures, bringing the total down to about $26,000,000. District officials are hoping the Bud- get Bureau will not cut the estimates for next year, because they believe they ve already eliminated everything that could be called non-essential and some essential items as well. The city heads will wait for further information from the budget office be- fore devoting further consideration to the expenses for next year. $4,000,000 BANK FORCED 70 CLOSE IN ST. LOUIS Stockholders to Lose $750,000 to $900,000, Officials Say—Was Losing Money. By the Associated Press. ST. LOUIS, Mo., July 14—The Re- public National Bank here, with re- sources of approximately $4,000,000, according to the last published state- ment today closed its doors perma- nently. The board of directors de- cided to liquidate because the bank was losing moncy. Members of the Clearing House Assoclation agreed to guarantee the payment of all de- posits. The loss to the holders of $1,000,000 in stock was not an- nounced, but one official estimated it would be between $750,000 and $900,- 000. The bank was organized in 1921 by William Sacks, wealthy oil oper- ator, with W. E. Brown, previously a Tulsa, Okla., banker as president. Considerable business was done with Oklahoma ofl men and banks. J. A. Lewls succeeded Brown in 1922. Sacks is under federal indictment at Indianapolis on a charge of using the mails to defraud as a trustee of the United Home Bullders of America. He retired as a director of the Re- public Bank last January, when his. $200,000 in stock was taken over by &-syndicate formed for. the .purpose. he papers are printed. aturday’s Circulation, 85,823 Sunday’s Circulation, 98,083 TWO CENTS. SINCLAIR REQUIRED TOANSWER SENATE QUERIES HE EVADED Court Holds Sivx of Nine Men- tioned in Indictment Perti- nent to Lease Inquiry. OIL MAGNATE IS GIVEN 20 DAYS TO FILE PLEA Justice Hoehling Seeks to Expedite Taking of “Far-Reaching Ques- tion” to Highest Tribunal. Justice Adolph A. Hoehling of the Dis- trict Supreme Court today eustained the | authority of the United States Senate ta require answers from Harry F. Sinclair, oll magnate, to six of the nine questions propounded to him by Senator Thomas J. Walsh, prosecutor of the Teapot Dome inquiry. Three of the inquiries proposed by Senator Walsh, which led clair's indictment on 10 counts, are found by the court to be pertinent, and these, it holds, Sinclair may not be made to answer. The tenth count of the in- dictment charging a tontempt of the United States Senate by the refusal to answer “any” questions propounded to him is bad, the conrt decided, because it does not aver an offense under the statute. clair was recalled before the Sen- ate committee and declined to answer nine questions put to him by Senator Waleh. The committee referred his re- fusal to United States Attorney Gordon for submission to the grand jury. Atlee Pomerene and Owen J. Roberts, special counsel in- the oil prosecutions, laid the evidence before the grand jury, and an to Sin- | indictment in 10 counts was presented March 31 against Sinclair charging a violation of section 102 of ths Revised Statutes of the United States by refus. ing to answer questions as a witness be- fore a Senate committee. Finds Seven Questions Pertinent. Attornefs Martin W. Littleton, J. W. Zevely, George P. Hoover and G. T. Stanford, Sinclair filed demurrers and motions to quash | the indictment. The prosecution filed a motion to dismiss the motion to quash and the case was argued at length before Justice Hoehling, who has had the mdtter under advisement. The court finds that the first, sec- ond, fourth, fifth, eighth and ninth counts of the indictment embrace questions pertinent to the subject- mattef then under inquiry by the Senate and that Congress has lawful authority to require answegs thereto; that the third, sixth and seventh counts theneof do not embrace ques- tions pertinent to the subject matter under inquiry, and that the tenth count does not aver an offense under the statute. Through ¢ Gives Sinclair Twenty Days. In view of the questions involved and which have been described by the United States Supreme Court as “im- portant and far-reaching,” as well as the advisability of having the same finally settled by, an appellate trib- | unai, Justice Hoehling gives Sinclair twenty days leave to plead over; in order that if so advised, he may have reasonable opportunity to apply to the Court of Appeals for the allow- ance of special appeal from the order | of this court ana which special ap- |peal, it allowed, gnay expedite a | fmal decision by Me court of last resort. The three questions which the court holds Sinclair is not required | to answer relate in inquiry about 75,000 shares of stock of the Sinclair Consolidated Oil Company, which the committee had heard he had con- tributed to Will Hays or to some one representing the national Republican | committee for the purposo of mak- Ing up a deficit in the account of that committee; an inquiry in rela- tion an alleged transfer of $100,000 from the National Park Bank of New York to the National Metropolitam Bank, February 3, 1923, and a ques- tion cuncerninfi testimony given by George Wahlbers, private secretary to Sinclalr, about an alleged loan of some stock of the Sinclair Company to one Hays. i Simelair Must Stand Trial Justice Hoehling reviews at length the Kilbourn case decided in 1881, the Chapman contest case in 1897 and the Henry case in 1914 where the United States Supreme Court considered the fundamental question of jurisdiction involved in such con- tempt cases and has left it still open and undecided and it has ever since remained so. Following the general rule in such matters the court de- clares that he is of opinion that the question of the authority of Congress should be resolved sgainst the de- fendant and in favor of the existence of the power to compel pertinent testimony in aid of the exercise of its legislative function excluding, of course, self-incrimination. 2 On the, claim of counsel for Sin- clair that the Senate, if it had authority to ask the questions, had deprived itself of jurisdiction by the resolution to refer the oil cases to the courts for determination, Justice Hoehling finds that this was only a part of the subject matter of the Senate inquiry, which ‘he asserts has not even yet been completed. The court then passes to a discussion of the relevancy and pertinency of the question asked by Senator Walsh and which Mr. Sinclair declined to an- swer. He finds that six of the in- quiries were pertinent and three not peftinent. As to the former, the court directs that Sinclair must stand trial, but that he does not have to de- fend his refusal to answer the other threey