Evening Star Newspaper, December 16, 1926, Page 1

WEATHER. (U. 8. Weather Bureau Forecast.) Fair tonight; minimum temperature ahout 17 degrees; tomorrow increasing cloudiness; not so cold. Temperature—Highest, 29, at 2 p.m. yesterday: lowest, 17, at 8 a.m. today. Full report on page 7. ah WASHINGTON, Closing N. Y. Stocks and Bonds, Page 10 as second class matter Washington, D. C. Entered post_office, 0,179, WITH SUNDAY MORNI D. C., THURSDAY, D NG EDITION ECEMBER 16, 1926—FIFTY-SIX PAGES. ¢ Fpening Star. Associated service. * The only evening paper in Washington with the Press news Yesterday’s Circulation, 103,932 TWO CENTS. FALL AND DOHENY FREED BY JURY AFTER 19 HOURS; /MAY _DROP BRIBERY CASE} Chairs Are Overturned in Rush Cleared of Defendants’ Friends to Express Congratulations. VINDICATION VIRTUALLY CLOSES OIL MAGNATE’S PROSECUTION‘ e | U. S., However, Will Press Charge of Con- . N 4 spiracy Against Ex-Secretary of ' * Interior and Harry F. Sinclair. Albert B.'Fall, former Secretary of the Interior, and Edward L. Doheny, oil magnate, were acquitted today of the charges of conspiracy to defraud the Government in connection with the Cali- fornia naval oil reserves, upon which they have been on trial in Criminal ision 1, District Supreme Court, since November 22, The 1Z’men who sat in judgment of the accused men for three weeks and three days and who had received the case from Justice Adolph A. Hoehling at 2:47 o’clock yesterday afternoon, returned to the courtroom a few moments after 10 o’clock today “Gentlemen of the jury, have you agreed upon a verdict?” asked Harry B. Dertzbaugh, clerk of the court. “We have,” replied Alphonso E. Parker, the foreman. The suspense which had gripped every one in the courtroom as the jurors filed in reached its peak with Parker’s declarationin a loud, clear voice. 2 Warning Against Any Demonstration, i Justice Hoehling then warned against a demonstration of any kind upon receipt of the jury’s verdict. “Do you find Edward L. Doheny guilty or bt guilty?” asked the clerk. “Not guilty,” replied Parker and suppressed screams of joy came from that part of the courtroom occupied by Mr. Doheny’s family and friends. ? The bailiff banged for order. “Do you find Albert B. Fall guilty or not guilty “Not guilty,” repeated Parker in the same concise voice. “Gentlemen of the jury,” said the T elerk, “vour foreman says that the defendants are each not guilty; and that 1s your verdict, so say you all?” The silence gave each juror’s con- Enthusiasm could not be restrained any longer and over the din created by those in the crowded courtroom, the bailiff announced the adjournment of court. How Jurors Lined Up. i The jurors, it was reliably reported, reached their verdict between 9 and 930 o'clock this morning, after de- Mberations that lasted for 19 hours. One juror stated that they stoud six to six at lock last night and 10 to 2 for acquittal this.morning be- fore the final agreement was reached. Opening of court had been set for Upper: ALBERT B. IFAL Lower: EDWARD L. DOHENY. _ TS OER OLRYHENSHY 24 Days of Virtual Imprison- | ment Cemented Ties of Friendship, They Aver. | X | We're glad it's over!” juryman, speaking the expressed in smiles and laughter by the 12 good men and true immediately after being freed this morning from the awesome office of sitting in deliberation in an epochal trial of a former cabinet officer and | a multi-millionaire oil man and from | a close confinement, virtually incom- municado, since November 22.7 i Onge the verdict had been duly de- | livered and the jurymen had been | formally dismissed, the dignity of their position was dropped and pent- up emotions were given free rein. Up to the juryroom, where for more than three weeks they had lived and moved and had their being, penned in narrow confines and cut off from all but the most formal commun: tion with the outside world and dear ones at home, the jurymen—no longer | “jurymen,” but good fellows together | knit by the bonfl of a great common experience—ran, some of them almost skipping in the joy of freedom re- gained. “Me for Home” Is Cry. For the last time they entered the little room, whose walls alone hold the secret of long hours of debate, seized suitcases and overcoats and headed for hom i A few hasty good-bys. promises to meet again—but not in the jury room —hearty handshakes across cots with bedclothes still in tumbled disorder from the night, and the room which had been their prison, strewn now with playing cards. dominoes and tion magazines, passed into the mem- | of the jure All T want to tion that made their words practically inaudible. Mr. Hogan hastily turned to his secretary, Miss Virginia Warren, slap- ping her on the shoulder and shout- ing 80 all could hear: “Run quick and telephone the good news to Mrs. Doheny.” Mrs. Doheny is ill at the Carlton Hotel and was unable 10 be at her husband’s side during the last 24 hours of ordeal. Doheny Expresses His Joy. To newspaper men who broke through the throng of solicitous friends gathered about Doheny, hug- ging him and shaking his hands, the | T0-vear-old oil magnate sald: “I'm mighty glad, boys; its's what T de- served. But 'if the verdict had beer otherwise I could have stood jt."] Tears stood in Doheny’s eyes und he 10 o'clock this morning. The crowd ;u‘-j,""g?:h;\‘::f;i ?«}:':e" they trickled | gathered in court was not large and B the general atmosphere conveyed the | , About Ar. Fall too, fdea that the Jury would not be heard | Zil 1% \as habpy ove ftom immediately.~ A few moments |, informal statement to newspape before the opening hour, hOWever.|,on the former cabinet officer said word flashed about the courtroom that CinNainGe 1 dhe Gours navel the jury had reached an agreement:| ghilken, was justified. I betore that Justice Hoehling had been noti| the trial began that it was not my fied and gvas coming into court. custom to try cases in the newspaper: Then fhe justice took his place at | and that was the reason. I did not the bench and the dread silence of |y anything. 1 was satisfied (o have watchful waiting began. This was | the case tried in comt sod 1 ong short lived. however. for the portly | certain of vindication. All T can say figure of one of two deputy marshals | js that I am satisfied and happy that assigned to guard the jury, appeared | justice has been done.’ through the door at the far corner of |* Mr, Doheny later issued a formal the room. statement. It read: “I am gratified by The jurors. their faces set and de- | the result. The ordeal has been o ter. termined. showing the rigors of a 1ong | rible one. After a lifetime of hono seige both in the courtroom and in|ble effort T, have seen my principal their deliberations, took their places. | work, which was to make a ol The defendants and their counsel | name to hand on to my son and my scanned them closely. It required but | grandchildren, almost destroyed. I a moment, however. to bring to an | hope that the American people, whose end one of the most sensational, | belief in trial by jury amounts almost startling and important conspiracy|to a religion. will accept the verdict cases ever tried in the District courts. {of this typieally Amerfean jury. Believes Prayers Answered. From her sickroom at the rlton Hotel, Mrs. Dokeny, whose testimony in his behalf was one of the high | pomts of the trial, later said: “My joy is inexpressible. My pr s have been answered, as 1 knew they would be. My heart is full of gratitude to the jury and the countless people, | many of them unknown to us, who, fzom all parts of the country, have sent us messages of encouragemen ind have joined their prayers to ours “Whew! So cried a sentiment i May Drop Bribery Charge. For Doheny the ordeal virtually is | at an end. No announcement was forthcoming from the office of spe- cial Government counsel regarding e of which has been ainst Fall and the elder and younger Doheny. but it was regard- ed as almost certain that this would abandoned. The bribery charge 1 upon the $100,000 loan Do- made 10 Fall. and this fact was the suprorting pillar of the Govern- ment’s o~ o prove a conspiracy. For I . however, the day brought him oy brief respite from the £ the trinl. A charge of con- similar to the one of which just acquitted, is lodged against him and Harry F. Sinclair, oil millionaire, in connection with the | » of the Teapot Dome reserve. motion to quash the indictment has been made in Criminal Division 2, immedintely across the hall from the scene of the Fall-Doheny trial, and Tustice Jennings Bailey will hear arguments on it tomorrow. If the court decides to take ‘the motion un- | der msiderntion the question of ratgnment will he deferred. bus if the motion is overruled Fall and Stoclar will be arraigned. 1 el to rigo =pi out long enough to take a have had our day in co a fair trial, have received the verdict which justice permittec Doheny's chief counsel, Mr. Hogan, | who bore the brunt of the defense | from beginning to end, made this| brief comment: “The verdict speaks - itself.” For the Doheny it do now is tu see my and bab cried one ju You said it.” echoed another. “Me for home,” called a third as he | made a run for the steps. 1 “It will be great to get a hair-cut,” | remarked one of the voun, Jurors, 2 s hig companions felt | necks in sympathy 1 “I'm going home now and it be great to be home, but it was wonderful exper > serving on this| jury, and we » o know one an- other in a ma which would have been impossible unde any oth ditior deeclared Clinton (% (Continued on Page 4, Column 3.) family, Christmas | t never dawned hefore | Mr. aM Mrs. Dohen; are preparing to ington Saturday for There they w.li hristmas holidays with their grandchildren. | Fall's Plans U Fall's will dawn for them. i Angeles. Rush to Congratulate. M Pandemonium broke in the court. | River: Three | upon for departure 4 ingent | when ! Scheidemann’s charges regarding the | existent now. fter the verdict was announced. | the date were overturned in the rush |} ‘ii v:;“'f'x:;“; Vit h the two defendants. Their | Sion hat date is set within the 5 g i S BAwand Doheny. jr., | next two weecks, it is hardly possible 2 > N were the to conzratulate them. |that he and his wife would leave | Alt(/l' 1 UI)IIC VlLW,: Young sted beside his | Washington, he explained | | iy Yms around his| Owen J. Roberts, sp Govern Declares Walsh! " 0il Verdict Won't | father hugging him | ment counsel, tock the verdict calmly. tightly in both men’s| It was fairly submitted to a jury of hip \nd their daughter, |12 men and 1 am satisfied, as must be .. wept happily as |every American citizen, with their former Cabinet | verdict.”” he said to newspaper men. Roberts declined to give out what would be the Government's course in reference to the bribery indictment In connection with the '$100,000 which ypassed from Doheny=*to Fall, but it | was menerally considered that the | charge will be dropped. | By the Associated Press.. Senator Walsh of Monts cutor of the Senate which led to the ng to the inquir o acy charges t Albert B. Fall and Edward heny, put into one sentence his mental reaction to the of acquittal. a_criminal case must guilt of the defendant be- ond a reasonable doubt,” he said, \d in view of that rule, T ap- hend that the widespread con- viction that the transaction was a_reprehensible one will not be dissipated. ik 5 During the confusion t fmmediately after the r verdict, both Fall and fendants no longer. to the jury box. Th ever, were nearly all vac by that | " ! {ime. however, by the haste withi In the bribery indictment Edward | T B Totired to hank thelr | T Doheny, jr.. also is named as one B O e wrd hash afier |of the sccused with his father and | B Frcs warion inearceration, | Fall. As the jury by its verdict of | o e fotmer defendants. shoott | acatittal in the conspiracy charge has | e e with e many of the jurors as |decided the $100,000 transaction was | they could, thanking them for the|not a bribe; highly improbable verdict of exoneration with an emo-| (Continued on Page § Column,5) prevailed turn of the Doheny, de- de their 12 seats, how show GHARGE OF SECRET ARMS FUND RAISES REICHSTAG UPROAR Nationalists Cry “Traitor” and “Blackguard” at Social Democrats’ Leader. 4 GUNS HOARDED IN RUSSIA, SCHEIDEMANN ALLEGES Chancellor Marx Den\ies Govern- ment Money Is Diverted to Tllegal Uses. By the Associated Pross. BERLIN, December broke loose in the Reichstag Philipp Scheidemann, head of the Social Democrats, attacking De- fense Minister sler, charged that a secret fund existed in the bndget for the manufacture and hoarding of arms and airplanes in Russia. To this the Right parties shouted: “Traitor! blackguard!” Pointing to the diplomatic.box, ini which forelgn representative: in- cluding American Ambassador Schur- man, were seated, ationalists cried: “Why reveal things to our enemies?” then left the chamb Herr Scheidemann, who was leading | a Sociallst attack aimed at the over- throw of the Marx cabinet, replied that the allies knew all about the s militaristic conditions in Ger 1 y,” and added: “We might & conditions our: rous. Marx Denies Charge. wcellor Marx, replying Scheidemann, denied the latter's ac- cusations that zovernment funds being diverted illegally for mili-{ taristic purposes. -d that the Reichswehr wa pendable instrument for the state, The chancellor also —Bedlam today the. well correct these Ives as have the allies to stated that hoarding of arms and illegal milltaris- tic organizations referred to conditions of v ago, but which were non- In the course of his remw Chan- cellor Marx intimated that his cabinet was now through with attempts to fring Socialists into the coalition gov- ernment. Close followers of the political situ- ation expressed the opinion later that the position of the cabinet now ap- pears more secure. Chancellor Marx opened the Reich- #tag session with a speech in which | he. mildly defied the deputies to over- throw the cabinet, Ie warned that the cabinet’s fall might jeopardize Foreign Minister Streser of concfliation with the allie: was the only hope for Germany's| economic and’ pelitical recovery. Cabinet Place Refused. Ile had tendered place in the cabinet, he said, but the offer was vefused. The cabinet had then decided to leave the matter with the Reighstag. Socialists a The exportation Germany was one of blocks to an agr tion of interalli the Reich as set sailles treaty. The allied war material by | the stumbling ment on the cessa- d military control of up under the Ver- mbassadors, sittingin Paris, isfied with the assurances given b ;e rding such exports and also regard- ing the fortification of I and other places on the tier. The foreign ministers of the lead- Ing powers, meeting after last week's sesslon of the League of Nations Couneil, decided that interallied con- | trol should cease next January H be succeeded by League investigation | of Germany's armaments whenever | that should be considered necessar: The matters of exportation of arms | | | uncil of | enigsbers | tern fron- Pand fortification were left for diplo- | matic negoti: ions, primarily through the ambassadors’ council If not {solved in this manner, they are to be submitted to the League JAILED AFT ouncil, ER BURIAL OF 3 IN ACCIDENT Virginia Father and Husband, int Whose Auto Liquor Was Found, | Held on Warrant. | —_— 1 Special Dispatch to The Star QUANTICO, Va., December 16.— | Benjamin Leadmon, whose automobile | was wrecked near Dumfries, Va., kill- ing his wife and two children, was | sent to Manassas today and jailed on | a charge of manslaughter. i He was arrested upon release from | the marine post hospital here today, | charged i a warrant with reckless driving and transporting liquor. A ! small quantity of corn whisky had | been found in the wreckage of his Still suffering from injuries in cident, a d-year-old son s with | atives. The ‘dead victims were buried yvesterday while Leadmon was the hospital. The privilege | 500 bail was offered him, but he | unable to provide .the hond. Trust Company Closed. COLUMBIA, S. ). o December The South Carolina Loan and | rust Co. of Charleston was closed today, it was announced at the office | of the State bank examiner here. Al | Lert S. Fant, the examiner, prepared | to leave for Charleston immediately | to take charge of the situation. Only 9 More Days Christmas ' Will Be Here SHOP NOwW! Avoid the | Late Rush of :Stores 16 | | ! { difficult of prac | the MCARL CRITICIZES ST. ELIZABETH'S Decries Commitrfient Meth- ods arid Conditions Due to Poor Facilities. iticism of methods of commitment atients to St. klizabeth’s Hos as well as ions due to of facilities, overcrowding and fire hazards at the hospital itself, found in conclusions of a report on xil. institution submitted to the ouse today by Controller General MeCarl in response to diggctions from Congress since the last sessiof. In his report the controller general 'he laws under which persons suf- fering from mental diseases are com- mitted to the hospital are not ade- or*sufficiently_definite. unerous patients are in. thé hos:] who, under a strictconstruction of the laws pertaining thercto, do not seem to belong there. Would Define Policy. f the hospital's policy of making it a center for the curative treatment ind the study of mental- diseases of all types is to be continued, that policy should be embodied in legisla- tion. “There is not afforded that oppor- tunity to patients to consult with and to obtain the assistance,’ legal or otherwise, of financially disinterested persons, which. though undoubtedly ttainment, would seem to be most desirable. “There are too many patients in the wards, resulting in nd unhelthy conditions. “Dining rooms, sitting rooms, toflet, bath and other facilities of some of wards are quite inadequate and most ctory. “The fire hazard in certain wards is too great and there does not pear to be sufliclent firefighting equip- ment or adequate firefighting force.” Urges Adequate Accounting. 'he general medical and surgical dlities are not properly concen- trated to meet sat actorily the legiti- mate requirements of patient The ity . for numerous kitchens unquestionably in- eases the cost of operation. The method of distribution and control of clothing, bedding and other articles issued from the storehouse should be improved and an adequate accounting for property should be re- quired of all servic “The cost keeping system should be fed with logical conclusion and oper accounts of the expenditures, should be established and maintained and per diem charges should be based upon the figures developed therefrom, “The dividual records of patients’ money should be sufficiently complete to show thercon the sources of re- ceipt and purposes for which used, in addition to showing the amount ind dates of receipt and disbursement and balances. . “A complete method o recording the valuables of patients by cach in- dividual and also as a running con- | trol record should be installed, and facilities for safe- more adequate valuables should be zuarding such provided. Accountants Now Assisting. “There is lacking proper procedure for ascertaining the property and ac- counts due and becoming due patients as represented by deposit re- ceipts, bank books, military discharge statements, inheritances, etc of reducing the same to possession for the benefit of either the patient or the hospital, there appears, in no clear statutory authority for the adoption of such procedure as would appear advantageous. “Some enforceable plan should be authorized for the disposition of the money or property held for patients who die or otherwise become separat. ed from the hospital in cases™where there now exists no clear and énforce- able procedure authorized by law “A plan which can be readily ad- ministered as well as adequately con- trolled by the Congress for the use of pensioners’ money-as it becomes available to the hospital appears to be a subject worthy of the early con- sideration of Congress. t may be stated that in so far as the formulation of better systems of administrative accounting for re- ceipts and expenditures and account- ing for patients’ money and property is concerned, the general accounting j ofice is now assisting the hospital In solving its problems. A resolution providing for printing as a House document the report of the special board of medical ad- visers on St. Elizabeth's Hospital, as made to the Secretary of the Interior, was _introduced in the House by Representative Crap can, of Michigan, % fact, | n, Re;m l Japanese Prepare For Ruler’s Death; Family at Bedside By the Associated Press TOKIO, December 16. — Mhpan late tonight began preparing for the death of her Imperor. Four warships were ordered from Yokosuka to Hayanma, where Em- peror Yoshihito lies gravely ill i his villa. Princes and prineesses of | the blood and other relatives of the | imperial family boarded a special | train here late in the évening for { Hayama, which but an hour's ride from the capital 0.7 HOUSE MEN Demapd Insurgents Show Party Regularity—Nelson Declines Committee Post. | ey By the Associated Press, Unlike their colleagues in the Sen ate, administration Republicans in the House have refused to let bygones be bygones and take the Republican Insurgent group back into the party fold without some kind of guarantee of party regularity. Because of this attitude, sentative John M. Nel sin, leader of House i informed House leaders that he would not accept the ch ¥ House pensions committee, for which post he is in line by virtue of long se Nelson's before the MNepublican committee on committees today. and his withdrawal left the way open for Représentative Swoope of Pennsylvania to rece the chairmanship, left vacant through the death of Representative Fuller of Tliinois. Representative Tilson of Conneeti- cut, the Republican House der. favored forgetting the past activities of the insurgents and avcepting them as regular Republicans, but other members of the committee on commit- tees demanded that party regularity be produced by Nelson in the future. ASKS TICKET INJUNCTION. U. S. Takes ;cflon Against Amuse- ment Association. Injunction proceedings were brought day against all members of the Ame: dcan Amusement Ticket Association, eharging violation of the anti-trust law. The individual corporations named were the Globe Ticket Co. of Philadel- phia, Arcus Ticket (‘o., Ansel Ticket Co., Simplex Ticket Co. and Columbia Printing Co. of Chicugo, Automatic Ticket Register Co., Ellio(t Ticket Co. and World Ticket Supply Co., all of New York: International Ticket Co. Newark; Rees Ticket Co., Omah: Hancock Bros., San Francisco: T mount Press, Boston, and Weldon & Williams, Fort Smith, Ark. SHUT OUT “REBELS” fise was the first business | by the Department of Justice here to- | LOW TEMPERATURE TONIGHT FORECAST Record Set for Season When Thermometer Goes to 17. Warmer Tomorrow. Tonight will be about as cold as last night, which was the coldest of the Winter thus far, with the meér- cury hitting a low level of 17 1t is not going to warm up a great deal during the day. The thermom- eter was hugging 20 at noon, with a prospect, according to the Weather Bureau, that it might crawl up two or three degrees during the afternoon. But it is due to go down again short- after dark. Tomorrow it will gradually rise. Streets Are Slippery. except those much traveled, were ver; ery this morning after | the light snow last night and automo- bile radiators were steaming merrily when the rush to work was under enna Mine, Idaho,’ thickest snow covering, 6 spot in the country, the Weather a1 reported today in a survey { of the recent Winter storms. | Humboldt, Mich., with 34 inches, credited with second place in the snontall _catege while Paradise Inn. V. i Cumbres Colo., 30; Harrison and Dome Lake, ha the inches, of rck and Williston, N. Dak., both reported the thickest ice, 13 inches, while Duluth, Minu., had 9 inches. COLD STILL GRIPS WEST. i = One Man Frozen to Death, Fourr Be- lieved Lost in Blizzard. By the Associated Press CHICAGO, December 16.—Winter's outposts held fast from the Mississippi Valley eastward today, while a flank ing movement of warmer weather ad- vanced fl'o"l"‘hl‘ West Coast. Graduall; sing temperatures in the Rocky Mountain and Great Plains (Continued on Page 2, Column 7. Run Elevators During New York Hotel Fire. NEW YORK, December 16 (#).— irl elevator operators stuck to their | An, 0 minutes "before the blaze was brought under control carried hun- dreds of guests from the upper floors te the main tlor. The 1,000 guests who left their rooms crowded the lobby and the streets outside. The fire started in an apartment on the tenth fioor. The Ansonia, Broadway and hotels. 1 Cecil Lean, actor, and his wife, Cleo | Mayfleld, actress, occupying an apart- | ment on the ecleventh floor, were awakened by the barking of their dog nd turned in the alarm. | A mother and her two children oc- cupying the apartment where the fire started were asleep and unaware of until called by a telephone oper- | ator. In Central Ch By the Associated Press, SHANGHAL December 16.-—Semi- bolshevization of the schools, mission- ary and other, of Central China, co- incident with, the gradual occupation of that area by the Cantonese, is be- ing evidenced by the presentation of demands by student bodigs upon their taculties. Demands recently made by the stu- dents of the College of Yale in China at Changsl Hunan Province, one of the largest institutions of its kind in Central China, serve as a general in- dication of the movement in the mis- sionary schools of that province. The principal demands of the Yale in China students were a decrease in fees, subsidization by the college of the Students’ Upion, empowering of the students to dismiss by vote teach- ers of whom they do not approve, and a provision that no student can be ex- pelled without the sanction of the Students’ Union. Eighty per cent of the cost of up- keep of ). Yale in China already is borne b grants from America, tul tion ch - posts when a fire started in the Hotel | onia_early today, and during the | | election: {appointment ma | propriation bills and bri SMITH APPOINTED SENATOR: ASHURST ACTS TO BAR HIM Arizonan Submits Resolution to Block Seating of lllinoisan. ACTION ON PROPOSAL PUT OFF TO TOMORROW Colonel Still Silent on Offer, But Acceptance Is Taken for BY G. GOULD LINCOLN. The fight to prevent Col. Smith, appointed Senmator from nois today by Gov. Len Small, fron taking his seat, hegan immediately after the Senate met at noon. No Set ator, Republican or Democrat, be jlieved he would be seated. ! Senator Ashurst of Arizoma intro | duced a resolution to prevent Co Smith from taking the oath of offi if he finally accepts the appointment and comes here to qualify as Senato from Illinois to fill the vacancy caused by the death of the late Sen fator William B. McKinley. | The Reed slush fund investigating | committee drafted a preliminary re port of its investigation of Co Smith’s primary cam The re- port sets forth the evidence obtained by the committee regarding the Smith campaign contributions and ex- penditures, i Action Left to Senate. It makes no recommendation, how ever, leaving the Senate to determine what should be done regarding Col. | Smith. The report, it was said, will | be signed by all four members of the | committee now in the: city--Senator Reed of Missourl, chairman; Senator McNary of Oregon, Semator Goff of West Virginia and Senator King of Utab. Senator La Follette of Wis- consin is absent on account of illness. The Reed committee included in its report a statement of the campaign expenditures and contributions to the campaign of the late Senator McKin- ley and also to the campaign of George E. Brennan, Democratic nominee. Senator Ashurst asked immediate consideration of his resolution to pre- vent Col. Smith from taking: the oath of office if he accepts the appointment land comes to Washington. - He made | his request after he had read to the Senate a prepared statement outlin- lmg his protest against the seating of 1Smith. Senator Watson of Indiana asked | Senator Ashurst if it would mot be | advisable to seek action on his reso- | lution after it had been determined | whether Smith would acept the ap- pointment or not. | “Senator Ashurst replied that he | thought it might be fairer to Col. ! Smith to let him know the attitude lof the Sénate before he reached a de- | cision in the matter. i Resolution Goes Over. Ashurst’s resolution final- until tomorrow at the tor Curtis of Kansas, n leader. Senator t he bad no objec- | Senator {1y went over request of Ser the Republic: Ashurst said th | tion to this Senato! ided: 1 at the qualifying oath be not { administered to nk L. Smith, the .member designate, and that the | special committee (the Reed commit and by the resolution 14 i K first session, be. jand it hereby is, directed to report {10 the Senate at the earliest conven- | ient date such recommendation in the premises as may to the said spe- cial committee seem advisable.” In a statement accompanying his resolution, Senator Ashurst defended the ‘course proposed by him as fol- lows: “The United States Senate has { plemnary power to protect the purity | of the elections whereat its member are to be chosen by refusing member- ship in the Seffate to whosoever will- ifully and knowingly countenances and permits bribery. corruption or | fraud, or.who knowingly and willfully | permits and countenances the expendi ture of excessive sums of money to promote the candidacy of the person claiming membership in the Senate.’’ Calls Senate Sole Judge. ‘“The Senate is the sole judge of the returns and qualifications of its own members, and the Senate has the power to exclude from its member- ship any person whose election or be viated by fraud, @ by the expenditures tion. pro corruption, | of excessive sums of money."” ‘Republican leaders contend Smith was elected for the term beginning March 4. 1927, and that if there is to be a fight over his right to a seat, it should be made in the next Congre: not now. They fear the injection of the Smith case will prevent the Sen ate from completing its work on ap- about | special session of the Seventieth Cantonese Support Rebellious Students f ina, Hitting Mission Work! The situation” at Yale in China is| deadlocked at present. Most sections | of the student body are striking and | the faculty is unable to obtain aid | from the Cantonese authorities. A similar situation ecropped up re- ! cently at the Central China Teachers' | College at Wuchang, where the stu-| dents demanded dismissal of certain | professors. An appeal by the facuity to the Cantonese authorities there elicited the reply that they supported | the position of the students, which ! they considered ‘“perfectly justified.” | A meeting of the board of trustees | represenMng various missions con. | nected with the school was called and | it was decided to close the college. | It has remained closed since. A few months ago the Cantonese government issued orders requiring mission schools and other educational institutions not conducted by the gov ernment to submit to restrictions, | threatening seizure as the alternative. Missionaries expressed the fear that real mission work would be curtailed. gress next Spring, which they particu- larly do mot wish. Some of the Republicans. however, including Senator Watson of Indinna. assistant leader of the Senate, said today that they favored an immediate vote' on the proposal to keep Smith | out of the Senate at this time, if he comes here. They dicated they would co-operate with the Democrats to_bring about such a vote, Doubt still existed here today that Smith would finally accept the ap- pointment. In some quarters it was suggested that the announcement of his appointment by Gov. Small was on the cards, with Smith’s declination soon to follow. In this way, the atti- tude of the governor toward Smith and his election last November would be kept clear on the record. On the other hand, it has been real- ized here for some time that Smith wants to make the fight to be seated in the Senate without further delay;: that he believes he would have a bet- ter chance now than on the eve of a presidential campaign. Two Courses Open. At least two courses appear to be open to Col. Smith. The first is,to accept the appointment and come to Washington and make his fight. 1t he does, it may lead to an ugly row,