Evening Star Newspaper, November 30, 1926, Page 5

ALEN FROPERTY PROBE COMPLETED ngort of McCarl’s Investiga- tion, a Voluminous Docu- ment, in President’s Hands. President Coolidge has received from Controller General of the United Etates J. R. McCarl the long awaited report on an_investigation of the office of Alien Property Custodian. The report itself is a voluminous af- fair of almost the size of a sandard unabridged dictionary, but is supple- mented with supporting documents of such size and quantity that a small jnotor truck was necessary to have iC transported from the general ac- counting office to the White House. Inquiry Asked by President. Tnvestigation of the office was asked ¢ the Controlier General by the dent and the work started in Since that time a large force of accountants and experts from the office of the Controller General have been probing all nffairs in connec- tion with the office back to the begin- 1ng. : .\fi'nndy. it is understood, certain re- forms have been put into effect in the office, as the result of the inquiry. What is contained in the huge re- wort to the President is kept velled P qeerecy. It is stated, however, that the controller general mot only yaade a thorough investigation of the facts in the case, but also in his #ummary drew up some conclusions 2d recommendations to the chief executive. Matter of Special Interest. \What effect, if any, the report of {15 controller general may have on the impending new trial in January of former Alfen Property Custodian “'homas W. Miller and former At- turney General Harry M. Daugherty ju the New York Federal Court was matter of great interest today In overnment circles. ’ Tt s known that experts from the Ganeral Accounting Office testified In the first trial of Miller and Daugh- erty on charges of having conspired to defraud the Government, which 1 resulted in a hung jury. There :s no indication available today as what disposition President Coolidge nds making of the facts and find- of McCarl. DIES BY ELECTROCUTION. Richard Whitby, Colored, Comes in Contact With Live Wire. Richard Whitby, colored, 55 years old, 2264 Cleveland avenue, a Pepco employe, was electrocuted when he iripped on a cable in a manhole at Fourteenth "and S streets at noon to- day and came in contact with a live wire. A pulmotor was used without suc- * cess. He was taken from the hole by S. Owens, his foreman, and sent to Emergency Hospital, where he was pronounced dead. THE WEATHER District—Fair and colder, with low- est temperature about 32 degrees to- right; tomorrow increasing cloudiness, with rising temperature. Maryland—Fair and colder tonight; tomorrow increasing cloudiness, with rising temperature; light rain in ex- tremo west portion tomorrow after- noon: colder tomorrow night. Virginia—Fair and colder tonight; romorrow Increasing cloudiness, with rising temperature. West Virginia—Fair, colder in east portion tonight; tomorrow cloudy and warmer, followed by light rain in north portion. Records for 24 Hours. Thermometer—4 p.m., 54; 8 p.m., . 12 midnight, 52; 4 a.m., 47; 8 am., oon, 49. rometer—4 p.m., 30.12; 8 pm., 12 midnight, 30.08; 4 a.m., 30.07; . 30.14; noon, 30.14. Highest temperature, 65, occurred at 3:1> p.m. yesterday. Lowest temperature, 44, occurred at %30 am. today. Temperature same date last year— Highest, 37; lowes Tide Tables. (Furnished by United States Coast and Geodetic Survey.) Today—Low tide, 10:49 am. and 1125 p.m.; high tide, 4:05 a.m. and 4:35 p.m. Tomorrow high tide, 4 The Sun and Moon. Today—Sun rose 7 a.m.; sun sets, 447 pm. Tomorrow—-Sun rises 7:07 a.m.; sun gets, 4:47 p.m. Moon rises, 2:16 a.m.; sets, 2:34 p.m. ‘Automobile lamps to be lighted one- belf hour after sunset. Condition of the Water. Temperature and condition of the water at Great Falls at 8 a.m.: Tem- perature, 40; condition very muddy. Weather in Various Cities. . 27, Low tide, 11.33 am. a.m. and 5:19 p.m. Weather. Jsomo] Rtations. cquu s hilene ... $itkne 1ba Pt cloud: Cloudy ™ . Cloudy s Cloudy Ptelouds 3 Cloudy e A FOREIGN. (8 am. Greenwich time. today.) Temperpture, Weather. % Cloudy ain any.. Part clou Detrmari e e Clear Azores Bart cloudy Part cloudy Part cloudy ear Cloudy amiiton. an Juan \vans, Chba o olon. "Canal Zote.. o e DAUGHERTY UNABLE TO RECALL GIVING { OIL LEASE OPINION A T AR i i (Continued from First Page.) | | the visit a discussion of Fall's plans for enlarging his ranch at Three Riv- ers, N. Mex., was held. During this discussion, the witness continued, the question of financing the plans was brought up, and McKinney offered to furnish money to carry out the proj- ect up to $250,000. At that time, Chase added, McKinney told Fall to get in touch with him whenever he needed the money. So, the witness said, Fall tried to get in touch with McKinney to get | the money in 1921, but the latter could not be reached. In the mean- | time, Doheny had made the offer, and it was accepted. Urged Money Be Repaid. Then Chase told of McKinney’s ac- companying Fall on a trip in_the West, during which Fall told about Doheny giving him the money. Mc- | Kinney, according to Chase, suggest. | ed that Fall borrow the money im- | mediately and with it repay Doheny, | so that he, McKinney, would be the creditor. Fall, Chase explained, said he might want to do that a little later on. % Mr. Roberts then asked the witness it he went to Cleveland for the pur- | pose of inducing McKinney to assume | responsibility for the loan Doheny | had made, to which the witne: i plied, * amination by defense counsel. Forty-five minutes or more were consumed by counsel for the Govern ment and the defense in identify voluminous mass of records which are to be brought up at various points of the proceedings. About 40 letters, documents and telegrams dealing with the leases and contracts as well as the bids were ordered from the files from each side. Included in these were the messages to Fall from acting Sec- retary of the Interior Finney in which it was explained the Navy De- partment favored the Doheny bid. Daugherty Is Called. Mr. Daugherty then was called by the Government as the next witness, | “out of order,” as explained by At- torney Pomerene. As a matter of identification he testified that he had been Attorney General from March 5, 1921, to March 28, 1924, though he ‘was not certain as to the latter date. Mr. Daugherty sald that he knew the defendant, Fall, and upon being asked if he knew Denby, replied, “I never saw him but once in my life.” Mr. Pomerene interrupted to say that it was Secretary of the Navy Denby about whom he was inquiring. “Oh, I thought you meant Mr. Doheny,” Daugherty answered. He replied that of course he knew Denby, a fellow cabinet officer. Government counsel asked the for- mer cabinet officer what he knew about the Pearl Harbor contract of April 25, 1922. Daugherty said that he didn’t believe he ever saw it; that | it had entirely escaped his | ‘I can't say that I remem- tract, as a matter of fact,” ntil all the publicity arose about it.” Upon being asked If he, as Attorney General, had ever been called upon to render an opinion upon the legality of the contract of the naval reserve lease, Daugherty replied that his rec- ollection was that he was never asked for an opinion on either. Knew Nothing of Order. The executive order of May 1, 1921, under which the naval reserves were transferred to the Interior Depart- ment was brought up at this point. Daugherty said he knew nothing | about it. The Government counsel en- deavored to ascertain whether he had ever rendered an opinion on its le- gality, but Mr. Hogan objected. Mr. Hogan thereupon took up the cross-examination of the witness and inquired at length into the manner in which legal opinions are rendered by the Attorney General. ‘The line of questioning tended to bring out that it is not always the case for the Attorney General to be asked for legal opinion, and that in many cases the Attorney General sim- ply signed his name to papers pre- pared by assistants in his office. As a general thing, Daugherty tes- | tified, unless there is some doubt | among the legal staff or some dispute between the several departments, the Attorney General is relieved from the duty of rendering opinions in person Mr. Hogan asked if he had any rec ollection with regard to the with- Officially, Daugherty had none. He sald he had no recollection of ever having been asked for a ‘curbstone opinion,” as he termed it. Attorney General then went on to ex- plain what he meant by “curbstone | opinion.” He said that at cabinet meetings various topics were discuss- ed and his opinion asked about them. “I made it a rule,” he said while I was willing to discuss matters, I always told fellow of the cabinet that, if they wanted an | department officially. Every official opinion that I have rendered Is of rec- ord.” He added that he made it a rule | except an official opinion over his sig- nature. had ever heard these oil leases dis- cussed at cabinet meetings. Pomerene | promptly ment. Putting the question in another | way, Hogan asked the witness if he remembered whether Fall had ever shown him the act of June 4, 1 under’ authority of which the leases | were made, and whether Fall did not ask him if the leases were valid, | and that Daugherty had replied that | in his opinion the exchange policy was | Justified. ! Fails to Remember. “I have no recollection,” Daugh- erty said. “That happened a long | time ago. Since that time consider: able -water has gone over the dam. If it did take place at that time, as you say, it was not an official opinion that I rendered. an_opinion it would be found on rec: ord.” Daugherty was excused from fur- ther examination at this time. Be- fore leaving the courtroom he went over and shook hands with the Gov- ernment counsel, Mr. Fall and a few other acquaintances, After Mr. Daugherty left the stand the proceedings turned to the identi- fication and production of almost 100 letters and telegrams by both sides. None of these papers was read, but they form the foundation for the whole story of the fuel tank contrac and oil reserve leases, which opposi: counsel will give to the jury in their own way. Interest dropped to its lowest ebb as the documents were produced. marked for identification time after time. Those who supplied the papers were E. L. Mahoney of the controller general's office, O. D. Bennett, vice president of the Pan- American Petroleum & Transport Co.; Harry N. Stuart, U. 8. N,, and John E. Judsen, e president of Ford, Bacon & Davis, engineers, of New York City: S. Henson of Oakton, Calif. a secretary Standard Oil Co. of California; Henry G. Kennedy of New York, represent- ing the J. G. White Engineering Co., and P. N. Shoup of Los Angeles, pres. In the first nine months of this year 21,000,000 tons of coal from | in the United States were shipped abroad. this being 6,000,000 | more tone than in the same period of a8 I8 604-610 9th St. N.W. Daily, $§1.00, $1.50, $2.00 P T R T A R AR O B0 nawe 80 th o Bovis e Woinara, drawal of ofl reserves or the exchange || of ofl. I Never Asked for Opinion. i The former | | opinton, they should put it up to the | never .to be responsible for anything || Mr. Hogan asked Daugherty if he || objected for the Govern- | If later I did render || __ HARRY M. DAUGHERTY, Former Attorney General, who testi- fied at the Fall-Doheny trial today. He does not remember ing a decision on _any oil lease, but says that if an “official decision” was rendered it would be on file. ident of the Pacific Ofl Co. and vice president of the Tidewater and Asso- ciated Ol Companies. All the letters nd telegrams involved the Interior Department, the Navy Department and several private concerns relative to the contracts and leases. Reading Finished Yesterday. The reading of the Doheny testi- mony was completed yesterday after- noon at 4 o'clock by Mr. Pomerene, who had succeeded Mr. Roberts in the task. While the jury had been informed in opening statements of counsel that Mr. Doheny had loaned | Mr. Fall the $100,000, which the latter at first denied, the 12 men also were permitted to hear the grilling cross- examination the magnate was sub- Jected to by Senators Walsh, Adams, Pittman and other. In this cross- examination the witness was charged with having misled the committee and not having told “the whole truth” re- garding the note which Fall gave in return for the loan. Mr. Doheny denied he deliberately deceived the committee or had any intentions to that end. The Government did not lose a min- ute in getting its first witness on the stand in several days. Just as Mr. Pomerene concluded the reading of the testimony, Mr. Roberts called for 2. K. Hill, secretary of the Senate oil investigating committee, who identified the note Fall gave to Do- heny. This note was intact except that portion bearing the signature had been torn off and given to Mrs. Doheny. Canceled Check Shown. Then Mr. Roberts examined Gra- ham Youngs, treasurer of Blair & Co., Tnc., of New York, bankers for Do- heny, who produced the check on the First National Bank which the com- pany employed to procure the $100,000 in cash for Mr. Doheny, jr. Young Doheny then brought the money to Washington and turned it over to Fall in his_apartments at the Ward- man Park Hotel. Eldred Mahoney of the controller general’s office followed Mr. Youngs on the stand and produced travel vouchers to show that Mr. Fall had rone to New Mexico, stopping off at Fl Paso, Tex., where he entered into the contract of purchase of the Harris ranch. . ‘When the hour for adjournment ar- rived, Justice Hoehling announced his willingness to hear counsel on the question of night sessions, and after a conference at the bench it was agreed to hold an ‘“experimental ses- sion” from 8 to 10 o'clock tonight. P Boy Snatches Pocketbook. Two colored boys, walking near Pifteenth and Chapin streets about 6:30 last night, approached Elaine Proctor, 1468 Belmont street, and one ¢ them snatched her pocketbook con- ning $1.75 and keys. Descriptions of the boys were furnished the police. D. C. GOVERNOR AND CABINET ADVOCATED BY MRS. HENDERSON (Continued from First Page.) crat, of Texas, has asked to be heard tor one hour. F. J. Baliley, special as- Sistant with the Budget Bureau on District of Columbna appropriations, |and Chief Watson of the Fire Depart- ment have also been invited as wit- | nesses. Has Sought Recommendations. Mr. Gibson explained that the sub- committee has been seeking recom- mendations from various District of- ficlals as a guide in the investigation which the subcommittee will make and that it will soon begin a more minute study of District activities on a systematic program. Mr. Hart was called upon to ex- plain the work of the corporation counsel's office. He sald that there should be created an office especially for the conduct of condemnation pro- ceedings, and with adequate compen- sation to retain an able man on this restricted work, highly technical in character. Mr. Hart explained that the assist- ants from the corporation counsel’s office assigned to Police Court work are employed three days a week from 9 am. to 11 p.m, and that other as- sistants from the District Building have to do a night trick to prevent the assistants from working every night in the week. It was agreed that these long periods of duty impaired the services of the municipal attor- neys. Forfeiture System Dropped. Mr. Gibson asked about the Detroit plan of handling minor traffic cases. Mr. Hart said that it had been tried out here in forfeiture of collateral system, but was dropped on account of criticlsm. He said he thought it should be done in a vast majority of traffic matters to relieve congestion in court. Mr. Gibson said. that passage of a law supporting this custom would obviate criticism. ‘Mr. Hart said that a new Police Court Building unquestionably should be erected as soon as possible. He explained that the present Municlpal Building is so overcrowded as to inter- fere seriously with efficlent work. . Gibson emphasized that Con- ss had authorized & new Police but that nothing has a discussion of the $5,000 ‘l‘s &olngG:;ked to prepare plans. Botl r. son andp R!e);resentatlve Hammer, Demo- crat of North Carolina, said that con- ditions in Police Court are bad. Mr. Hammer sald they are “the worst T ever saw,” and Mr. Gibson declared “they are not fit for any civilized community, not only the Capital of a great Nation.” Opposes Night System. Mr. Hart said that he believed the night court is not necessary and 13 het working to the advantage of the community. He thinks that the four Judges working in the daytime, each taking on some of the work of the other judges as soon as he has com- Dleted ‘his own docket, would accom Dlish more than three judges sitting days and one nights. ~The present Gvatem does not get rid of the main foatures of violations, which are those S ehich jury trials are demanded. Mr. Hammer agreed that ‘courts ught to sit in the daytime.” Mr. Gib- gon emphasized that jury trials are Aeked for in order to delay the opera- e, tion of justic asked about cases . Gibson Bgfid‘;st public service corporations in which taxes or damages are due t'hle District, but Mr. Hart said that this S within his jurisdiction. e Hart s a measure for more humane treatment of prisoners in the Police Court pending the erection®f a model central police station with a court attached, felt that the pris- oners should be given geats in the courtroom under guard instead ot being huddled in a small cage, or cell. Mrs. Henderson's Suggestions. Mys. Henderson told the committee that she has taken an active interest in the District of Columbia since she was 13 years old and that her home has always been a center for con- sideration of Capital improvements. She was congratulated on a sum- mary she made of the history of the Capital City. In addition to recommending that the best trained man available should be secured as governor for gre: Court Building, been done except site and that now At Remarkabl}_r White gold fi Bulova movement. | Elsewhere, $28.50 I Our Special Price.. | I Elsewhere, 349.50 Our Special Price.. To Encourage Early Shopping We Are Offering These Dainty and Richly Designed Bulova Wrist Watches White Gold Filled Wrist Watch lled, engraved case, with fine 15-jeweled A most charmingly designed watch. Wrist Watch 14-kt. solid white gold case, peautifully carved, set with 2 diamonds and 4 sapphires; 15 jewels. Reduced Prices 17-Jewel Bulova Wrist Watch 18-kt. solid white gold case. Very small model. ewhere, $60 Our Special Price.......... 17-Jewel Bulova Wrist Watch 18-kt. solid white gold case, exquisitely carved, fitted with nationally famous 17-jewel Bulova movement. sewhere, $50 Our Special Price.. Oppenheimer & Shah The House of Diamond Bargains 907 F il %40 N eainreiere Street the District, Mrs. Henderson made these other suggestions: That citizens of the District have at certain fixed times the privilege of the floor at the Municipal Building for consideration of affairs of the District. ‘That the governor of the District have at gertain fixed times the priv- ilege of the floor of Congress for consideration of affairs concerning the District. That the Public Utilities of the Dis- trict be as far as possible owned and manipulated by residents and tax- payers of the District, thus giving them fuller benefits or possible prafiz - e citizens of the District of Columbia the privilege of voting for l!m election of the President and Vice President of the United States. The subcommittee expressed much interest in Mrs. Henderson's assertion that at present the two civilian Com- missioners are not speclally trained for municipal management, are ap- pointed from the District, receive small pay and have too much work. They have had generally merely com- mercial experience and do not ‘have the proper vision for management of the National Capital, Mrs. Henderson said. She advocated that the District organization should be patterned after that of the Federal Government. Opposes Outside Control. The subcommittee also showed inter- est in her suggestion that public util- ities should be home owned and o erated. Mrs. Henderson complained that at present New York interests are coming into control of the public service corporations in the Capital and [mittee "present, that they are destroying the best resi- dential streets here, as they did with Fifth avenue in New York. Mrs. Henderson with M Gibson that the big busses operating in Washington at present are not paying enough to make good the dam- ages they cause to the streets, so that the taxpayers are suffering. Mr. Gib- son asked an opinion from the cor- poration counsel’s office regarding re- Strictions as to outside ownership of the utilities here. The three members of the subcom- K Gibson, Houston and Hammer, were surprised when Maj. Hesse stated that there is no fugitive law in the District, so there is no justification . for holding a fugitive even though the court knows that of- ficers of the law are on the way from another jurisdiction to take him into custody. They were also much in- terested in Maj. Hesse's statement that from a police standpoint one of the greatest needs in the District is a new vagrancy law, because it is now practically impossible ‘when police ar- rest a bootlegger ox other hanger-on around poolrooms to get the court to hold the prisoner. sl OIS LEGION OYSTER ROAST. A meeting of_a speclal committee headed by Maj. D. J. Donovan to plan an oyster roast for Vincent B. Cos- tello Post, American Legion, on De- cember 12, will be held at the Dis- trict Building tonight. The special committee will meet in joint session with the entertainment committee and the publicity commit- tee, to lay the g\n s for the roast. Immediately after this meeting two other special meetings will be ‘held— one to consider disputed claims as to indebtedness of the post to the De- partment of the District of Columbia and the other to take up the ques- tion of the relationship between the post and its auxilial EVIGORATE your entire system by drinking daily a glass of EVERFRESH, the healthful laxative that has no weakening after-effect. It costs no more but is infinitely better. ERFRESH MAGNESIA Sealed in new non- returnable for your protection. bottles Check Four More Names From Your Gift List - - - - Everyone has so many different folks to re- member that usually gift ideas are exhausted before we halfway complete our list. That’s why we're suggesting these four items ’cause we believe them to be give tips.” i Travel “corkin’ good, what-to- Clocks Every woman loves to have a dainty travel clock to take along with her on week-end or extended trips. 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