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fT . WEATHER FORECAST. A HAPPY BLENDING. Fair and colder to-da- y; fair; E The amalgamated SUN AND HERALD moderate northwest winds; reserves the best traditions of each, ? n combination these two newspapers Highest temperature yesterday, lowest, 49; 34. make a greater newspaper than cither Dstatled weather report! will Dt found 00 the editorial has been its ever on own, page. AND THE NEW YORK HERALD VOL. LXXXVIL NO. 172 DAILY. NEW 1920.-S- Sfc SJftiSr JSSg'g. PRICE TWO CENTS , . three cents 19, YORK, THURSDAY, FEBRUARY t. in new Yomc crrv and suburbs. on trains and elsewhere. SWAM NEWTON GRANDJURY AID Almirall Makes \Specific\ Charges Against Pooling:, Smith and Kilroe. GOVERNOR THEN ACTS Assistant District Attor- neys Here Accused of Wilful Ncsrlect. MEANS CASE IS ONE CITED Pooling: Is Alleged to Have Conspired to Indict Man for Murder. Specific charges against John T. Doollng, James E. Smith and Edwin P. Kilroe, Assistant District Attorneys ef New Tork county, were received by Gov. Smith yesterday from Raymond F. Almirall, foreman of tho Extraord- inary Grand Jury which has been In- vestigating District Attorney Swann's staff. As a result Gov. Smith sent Attorney-Gener- al Charles D. Newton to this city yesterday, and announced he would designate Mr. Newtqn to supersede Judge fiwann as tho Jury's adviser. The action Is tho climax to efforts Mr. Almirall has been making for months to Induce the Governor to sign in order eliminating the District At- torney as legal adviser to. the body In- vestigating his own men. Mr. Almirall has been bending his efforts to this end without sending to the Governor any definite' information of charges on which Investigation was' sdugut It was expected that the Attorney-Genera- l would Immediately namo one ef his deputies to aid tho Grand Jury- - The Grand Jury's letter revealing tho specific allegations, which was made tublic by the Governor in Albany upon : Ita receipt, states that \without acquie- scing .In your Excellency's apparent conception of the necessity of specifying charges the Extraordlnary,Grand Jury defers to your Eyctllencys requltt-ttenta.- \ Men. \Because of the preference 6f the Grand Jury,\ tho letter continues, \not to link together the-na- of a 'person and tho charge of, an uninvestigated crime tho Grand Jury takes the great liberty of enclosing herewith a memo- randum of the names of three members ef the District Attorney's staff, with a tatement of the crimes with whlph such members are charged.\ This memorandum, given out by the Governor, was as follows: 1 \John T. Dooltng, charged In connect- ion with Alexander F. Relchman with a conspiracy to Indict falsely and maliciously one Gaston D. Means for the crime of murder and to procure said Means to be complained of and arrested for such crime in violation of section . subdivision 2 of the penal law. In connection with the Investigation thus far made of said, alleged crime eosne evidence has been presented Indicating ! itJ.c!i!nes ln violation of section KO. ubdlvlalon 4. section IStt. and also sect- ion 878 of the penal law have also been committed by said Doollng. ,\?!\\ E- - Smith, charged with vari. violations of section 872 of the penal uw and with neglect of duty, in violat- ion of sections Uti and 1857 of the penal law ln respect of the Investigation nnd \ sambImsr and disorderly houses i.,!Erwin P K1Iroa- - charged with neg- - u omission or duty In violation , or sections . isl nn.i ikt .i. , \i poilUJ 111 Y char it0 pre8ePl an ProSecuto ' riT Vu '\\\\y inane oy-'- j nomas U. insurance commissioner of r,StJw0f Pennsylvania, against -- y., c. Montgomery. iaM.tfn!. Dlstrlct Attr Smith yesterday: endeavored to do my duty In cleaning tw !w York clt3r ana naturally.ln that ma.2f enemles .among the Whatever evidence has been irfi!\.\1 to me 1 haVe submitted to ,' ,.\ or t0 th aran\1 Jury- - X am a police- - officer, and I am not hero to perrom police duty.\ tH: .?00lln also itnlti ln general that there had been anything re- -' ,n hts conlJuct of \his office, and welctmed n\y KM of an invest!- - jio . -- \.an nines statement. \inct Attorney Swann issued i I uiement last evening Insisting that t,,l.Ject of tn Extraordlnan- - Gran J yry Is not to attack the District At- - Jys omce. but to Hnd some cause\ J?r \moving Mayor Hylan because 0 t If Myor's opposition to Increased trac. d, ,\' arul' ln Dillon, to get evl eome sort againtt William Ran. I ;,V,ear- - wh0 has h0!n die hin tb?Kh- - Mr- - Swan WW mor ,7\ h\e-fourt- of the Jurors have d.l. .m Pc,rsonalIy that they havo no Injure his office. LABOR PARTY WOULD GET RID OF GOVERNOR It Policy in New South Wales h Outlined. SroNej Australia, Feb: IS. The Mr- - stor-- - to an e'eo-- \ Policy of the. New South Wales u,d \ wou,1 boHsh the \useless l?h.?rnalIa of stat Governor and \Tslatlve council.\ H Balj it wag proposed to Impose a ntt eharx of the publla burden on wprcductlve capital, speculative and absentees from, the coun-- while the producers' share In the rtea would be lightened.' ESPIONAGE LAW ENDED BIG PLOT OF SOCIALISTS Hillquit Admits Party Aimed to Cripple U. S. Seriously inWnr. ' v . . . HAD TO RESCIND PL Beliefs Are Not Changed, Deposed Assemblymen's Witness Testifies. HUGE STRIKE FA YOKED Albany Legislators to Use Evi- dence as Showing Stand of Ousted Members. Bpteltl to Tn Bow asd Naw Tok HriitD. Albany, Feb. 18. Fear of the es pionage act alone forced the SoclaJlst partj to halt suddenly Its open oppe allien to the war policy of th? Unttod States, Morris HlUqult, chief spokes man for the suspended Socialist As- semblymen, admitted y when he was cross-examin- by counsel for th State. Seeking to avoid prosecution leade.-- s of Socialism sought to savo the party from itself, but they in no way altered their views that Liberty bonds should do repudiated and a strike of all workers called if posslblo to crip- ple the nation when It stood on the threshold of war. the witness admitted reluctantly. Martin Conboy, counsel for the As sembly, asked Mr. Hlllqiit at the end cf tho hearing whether he ver hud lecelved a check for J3.000for ser- vices rendered the Russian Soviet Bureau In New York, of which Ludwic. C. A. K. Martens ts the head. Mr. Hill- - quit said he never had received a penny, although acting as counsel for the Soviet Bureau. Mr. Conboy stated ho would produce a cancelled check .for J3.000 made to Mr. HlUqult. . From the records of the Socialist party Mr. Conboy brought out that tne Chi- cago convention of 1917. hed soon after the United States entered the war, had adopted planks calling en all members t5 resist \conscription of life and labor,\ to refuse to support the Government 'in the war, to repudiate war debts. Includ- ing bonds, and 'to 'exert tevery effort 'to kop America free from the stains of war, even to the final and extreme step of a general strike and the consequent paralysis of 'all Industries. Illllqalt's Aid In Platform. Following tho party's proceedings step by step Mr. Conboy developed that Mr. Hillquit took part In the prepara- - ,tlon of the convention platform : that it was Indorsed by locals by referendum, and that suddenly after It was indorsed the executive committee of the party took upon Itself the 'responsibility of striking out all clause- - in open conflict with the espionage act\ The latter act was passtd soon after the membership of the party had indorsed the platform and the executive members had to act promptly to save themselves. The oppo- sition of tho five suspended Socialists to the Govcrnmont Is to bo shown through their participation In t'o local branches which approved' the party's stand. \Your reason' for eliminating from your platform these declarations against the Government was because you were In fear- of the conseq .ences under the espionage act as amended, was lt'n'ot?\ Mr. Conboy asked. \The party was anxious to keep its propaganda within the law.\ Mr. Hill- quit answered- - \Since the espionage . ku- - .l ..... uuvil K.llMltlGU MID CAQCUtlTC com- - mlttee conceived doubt as to the legality oi mo provisions againsi bonds and conscription and ordered them stricken out. when the law said we had no right to our views we bowed to the law.\ ' \Then it was a matter of legal ex- pediency to avoid prosecution?\ Mr. Conboy asked. Tried to Keep Within the lair. \The Socialists never have shrunk from taking any consequences that would follow an expression of their con- victions, but wo always have takon the posttlon that we will avoid any illegal methods,\ Mr. Hillquit said. \Tlitao expressions aro not stated for the first time ticre! you announced them during tho tlmo the war was on?\ Mr. Conboy nuked. \We have announced them until such tlme wo conceived tlie doubt as to their legality In view of the newly en ntiei !aW3 Bt tiu' t!m. lie witness replied. American .Soolallsti aro not Bolshc-- (ta but SocUl Democrats of the Marxian type, he wltnost explained. The committee listened for hours to his of tho tonr.ta of his belief and .ta. operation In Russia. At length tho juuiciarj Lojiraura wcnricu or i.us line of iuestIonlne and Mr. Martin was In- formed by Mr. Conboy that It was net necessary to discuss Russian affairs further. n iille the Soviet Gernment may be a good thing in Russia Mr. HlUqult ad- mitted. It might not be quite the thing here. . C0KGHESS HAS DAYLIGHT BILL Party Lenders 8ee Jio Hope, for Its rauatti Washington, Feb. IS. A daylight saving bill, an old friend of the House, fell Into the hopper Introduced by Rtipreaentatlve O'Connell (Jf. Y.), It would put the clocks ahead one hour on the last Sunday In March and turn them back on hour the last Sunday In Oc- tober. In view of the Wg vote by which the daylight saving law was repealed last year, Republican and Democratic lead era saiu mer was no hope of Its en- - 'Mr Royalists Wtf Bavaria in Germany, Under King QOPENIIAGEN, Feb. 18. A despatch received hero from Berlin snys the Bavarian Royal- ists have issued manifesto de- claring that they will striv'o to attain their purpose of reviving the monarchy, not by revolution, but by the decision of the peoplo for tho revision of the Imperial Constitution under the motto, VHavarla in tho German Empiro unaer Kinff.\ w aOOTDISPELS ' - a a PARTY STRIFE i Agrees to Bo Candidate for Delegate at Largo to Na- tional Convention. MBS. LIVERMOHE PICKED Conference of State Xcaders Befuses to Act In Favor of Dr. Butler. Storm clouds that threatened to break over the Republican unofficial fltate convention, which opens at Car- negie Hall were dissipated, It Is believed, at a conference of the \big wigs\ of the party, held at State head quarters In West Thirty-nint- h street yesterday afternoon. Ellhu Root, who harj expressed his desire to be taken off the slate of finally consented to have his name remain, thus obviating the danger of contests over tire fourth place. A suggestion, that, although there should be no Instructions to the Chi cago delegates, there should be a gen tleman's agreement Ho hold topothor fcr Dr. Nicholas Murray Bu'.ler for he' Presidential nomination mid that the cntiro New York State delegation i should cast at least one ballot for hl:n did not meet wlih unanimous approval and was not pressed. The convention will adopt a plat form which It Is hoped will set the pace for the natlmol platform. This t . UCa. ,.. .muimu.nroo.cni!- - en- - urtiy. Tno convention will recommeirl ti tiie enrolled numbers of, the party a slate of four deletrates-at-lorg- o and four alternates', lartb to bs elected if the primaries on April 6. This la the slate as adopted at the conference yesterday: \Big Four:' Ellhu Root of Oneida. Senator James W. Wadsworth, Jr.. of Livingston; Senator William M. Calder of Kings, William Boyco Thompson of Westchester. Alternates Representative Thomas B. Dunn of Monroe, John F. O'Brien of Clinton and Mrs. Arthur L. Llvermore of Westchester, and a man from New York county to be selected No mention was made of Miss Mary Garrett Hay. cither for delegate at large or alternate. Such mention would have proclplated an outburst on the part of some of the leaders, who are Inwardly boiling at what they call her treachery to the party on the question of Senator Wadsworth'a nomination. It was de- cided that Mrs. Llvermore, who was a bunragist, out has carried no grudge from that fight and who stands well with both factions of the women, and wun au tne men, should represent the newiy enfranchised sex on the dele gation. Miss Hay, although a member of the executive committee of the State come mlttee, was absent being still at Chicago In connMon with the League of Wom- an Voters conference. Three women attended the conference, however, Mrs. Llvermore, Mrs, Charles H. 8abln and Mrs. Ruth Lltt It is believed the selec- tion of Mrs. Llvermore rather than Miss Hay as an alternate will prevent Mm Florence E. C. Knapp, st of ayracuse, rrom carrying out her Inten- tion of fighting for a place on the dele- gation. It was a most unusual conference, not at all a star chamber affair., Almost all the big leaders were there and every leader who appeared was Invited to participate. Among those present In ad- dition to those named were State Chair- man Glynn, Senator Wadsworth, Speaker Sweet. Senator O. Henry Walters, Will- iam L. Ward, former Gov. Charles a Whitman and about twenty others. BERLIN DECREE HITS FOOD STRIKE PLANS Prison Threat Made to Insure Contmued Production. Biri.inv Feb 18. Gustav Noske, commander In chief Tor the greater Berlin district and Brandenburg prov- ince, has issued an order, npplylng to Berlin and the Mark of Brandenburg, threatening Imprisonment or a fine nn to 50.000 marks, for Inciting persons, by speech or In wrltln-r- . to stop work which would affect tho production or distribu- tion of foodsturra. The decree Is direct- ed against threatened strikes of the bakers and hotel keepers. Amsterdam. Feb. 18. A despatch to the ondelsfctad from Frankfort states that the German Government Is nctfott-atl- for a large purchase of maize In Argentina through the port of Rotter- dam. Paj-jne- for the malxo will be made, the despatch asserts, partly by notes and partly by the export of potaah.' Derrey'a Old Flasc'shlp Here, The cruiser Olympla. of Manila fame and the flagship of Admiral Dewey, ar- -, rived at the navy yard yesterday after- noon from Charleston, S. G, manned by a crew oi ia men in command or Capt Henry weyman. Tne oia cruiser has been dol.-- g service In European watefr. and alter a or.e: overhauling and equip ping will leaye again for foreign service. GERMANS PLAN TO BEGIN TRADE WITH SOVIETS i Ready to Send a Commis- sion to Russia to Study Means of Resuming. ' iREDS'IN BERLIN OFFICE Bolsheviki Trying to Head Off Deluge of Goods From Great Britain. HOPE IN GERMANY AND U.S. Would like to Get Machinery From Former and Tractors in America. Dy IIAYMOND SWING. Staff Correipcndtnt of Th So axd Nsw Yon HnuiD. Copyright, bv Taa Sen and Ntw Yok HtaALD. Berlin. Feb, 17 (delayed). German Industrial leaders arc planning to send a commission to Soviet Russia, It has become known here, to study the prob lem of resuming trade relations be tween Germany and Russia. It Is even reported that this commission will proceed under the auspices of the Gorman Government, and that Its chairman will be a prominent Socialist formerly ln the Cabinet, but The Sun and New York Herald Is Informed from a good source that this Is not true. The commission will not have a po litical character, but will be composed entirely of Industrial' representatives Apparently the coincidence that this plan Is being launched Immediately after the arrival ln Berlin of Victor Kopp, an authorized representative of the Soviet Government, Is without slg nlflcance. Kopp has opened offices ln the residential district In a Berlin suburb and is negotiating with the Government here for an exchange of nrtennarn hnf ri.nl ml.alrtn l in bring about the resumption of trade, For German and American Trade. Many reports are In circulation as to ,tbe underlying .significance of this visit One of the most Interesting Is that the British conception of lifting the blockade means nothing more comprehensive than flooding Russia with finished articles, many of them luxuries, such as choco- late. Russia, however, Is In need of agricultural Implements and machinery, which the Entente rowers are yot able In supply. A triple trade relationship, embracing Russia. Germany and the United States, Is proposed In which America will fur- nish tractors and railroad material and Germany the machinery, while Russia opens her resources of raw material to both countries. The Soviet trade policy la said to be to accept foreign aid only In so far as the foreigners restrict their sales to such articles as hare a produc tive value in Russia. Russia will ask 'America for 10,000 tractors and also deep plows and she ts confident that she can pay for them by Increased crops ln two seasons. Russia's economic problem Is to tide' the nutlon over a season of production so that she can pay the peasants for food with articles that the peasants need. 'Won't Allow Flood of Imports. The Soviet Government Is said to appreciate that the continuation of Its power depends on the ability of Russia herself to satisfy the peasants' demands and economic disintegration would re- sult If manufacturing countries were permitted now to flood Russia with clothing and other goods In which there Is a shortage. Efforts to destroy the Soviet Influence by bringing In comforts of .which the peasants have tjeen deprived has led the Soviet Government to adopt the counter course of going Into foreign countries and asking help on Its own terms. The Soviets expect to keep the country welt In hand on the present schedule of privation until the Industries and rail- roads have been rehabilitated sufficiently to bring about healthy development Since the British have shown no In- tention of permitting others to par- ticipate largely In the benedts of raising the blockade, the Soviet Government has a fair prospect of Interesting Germany In dealing with Russia on Soviet terms. This Is particularly true because Ger many Is not stocked with goods of which she needs large quantities, such as hides and metals. Furthermore at this moment Germany Is lust awakening to a realization of the Impotence of the Entente Powers to lend help in such measure as is necessary to restore Germany's Industrial efficiency. ' BALTIC STATES SEEK PEACE WITH RUSSIA Latvia and Lithuania Busy, but Poles Deny Rumor. London, Feb. 18. The Lettish TWa. tion here announces that the Lettish Government has decided to open peace nesrotiatlons with Soviet Tlmiin in junction with the other border States. Warsaw. Feb 17 (Delayed!. n h. Associated Pressl The agreement be- tween Latvia and Poland to fight Bolshevism Is still ln effect according to the Polish Foreign Office, which to- day denied reports that the Letts bad opened peace negotiations with the Soviet government In Moscow.' COPENIIAOKN, . Fob. IS. A\ HeislnV- - fors, Finland, despatch says It Is that there are secret peace nego- tiations between Soviet Russia and Lith- uania In progress. Lithuania Is declared to be anxious to conclude a peace before Poland accepts the Soviet government's peace terms. lest Vllna\ become Polish Instead of Lithuanian. 6 ORGANIZE DRY FLEET TO STOP WET IMPORTS Dicreased Smuggling by Small Vessels Forces Ac- tion by Officials. 'LIQUOR OVER BORDERS Prohibition Agents Learn I Whiskey Is Landed at Isolated Places. COAST TO BE PATBOLLED Senate Adds $1,000,000 to Dc--. ficiclicy Bill for Enforce- ment of Law. SeeM to Inx Scs and Nsw Toak Hsiald. Washinoton, Feb. 18. Woe to the Jolly old skippers of craft who try to relieve the thirst of tho United States by running the blockade with cargoes of whiskey and rum. They nro likely to encounter a newly organized \mos- quito fleet\ flying tho flag of tho United States Commissioner of Pro- hibition. And then, with their stocks nnif prif. thov aro likely to go to JnlL Within the last few days reports have come to the office of Prohibition Commissioner Kramer that quantities of intoxicants are entering the United States from Canada, Cuba and Mexico, carried by small craft to Isolated landing places along the coasts of the Gulf of Mexico, Maine, California and Oregon. The wet goods, according to the Information' received, are being carried ln motor boats and other small croft and then, landed successfully, to be sold to bootleggers and others. To stop this a patrol fleet is being organized for service under the direc tion of the prohibition authorities. Officials are more apprehensive over such shipments from Cuba, Large quan- tities of whiskey went to Cuba Just be- fore constitutional prohibition became effective and tho suspicion Is that It wll be smuggled tack into tho United of States. There are hundreds of places along the. coast of the Gulf of Mexico and Florida where landings might be made without knowledge of prohibition off- icers. of About the only way to apprehend the blockade running craft It Is Hgured, is to have a patrol fleet on duty con- tinuously to overhaul all who look sus- picious. On recommendation of the Appropria- tions Committee the Senate,to-da- y wrote Into the second deficiency appropriation bill an additional $1,000,000 for the en- forcement of the law prohibiting tin Importation of liquor. Part of this fund a will be used, it Is believed, ln equipping an and maintaining the prohibition fleet The rush of American tourists for Cuba and the Bahamas is reflected in' an unprecedented flood of applications for passports pouring In on the passport In bureau of tho State Department From 160 to 200 applications are being re- ceived daily, breaking all records. Most of tho Americans bound for the oasis In the vicinity of the West Indies embark from Key West Tampa by and Miami. A smaller number leave from New Orleans and New York. Transportation facilities have been In creased to take care of the rush. Savannas. Ga., Feb. 18. Convicted of violating the Federal prohibition law Harry Goldberg waa sentenced tat Fed- eral Court to-d- to three years In the Federal penitentiary at Atlanta and fined 12,000. and his brother Israel was sentenced to two years and fined $z,0OO. ALLIES ASK WILSON: COULD HE DO BETTER? Paris Version of Reply Sent by Premters. Paris, Thursday, Feb. 19. The reply of be Supreme Allied Council to Presi- dent Wilson's memorandum relative to the Adrlatlo opens with a long disser- tation which Is Intended to point out mistakes made by Mr. Wilson ln the parallel he drew between the Adriatic solution adopted In December and the terms of the ultimatum sent to Jugo- slavia ln January, says Pertlnax, polit- ical editor of the Echo de Parit. \France and England,\ he says, \cer- tainly would have liked to have held to the December solution but events pre- vented this, and they were unable to reconcile rival Interests on such a basis. \Could President Wilson have done better? Let him kindly show what ho would have dono had he been ln the place of the negotiators of the January compromise. Such are the general lines of of the document handed to John W. Davis, American Ambassador In London, nlglt before lust\ JERSEY RESOLUTION FOR WILSON \DEAD\ Senator Heath Changes Mind I About Congratulating Him. the SjHCial to Tax 8dh axd Natr Toix Hsaij. Atlantic Crrr, Feb. 18. Senator a Roy Heath of Mercer county, who in- troduced In the New Jersey Senate at its opening session a concurrent resolu- tion congratulating President Wilson upon his recovery from his Illness, gald that he would make, no effort to secure Its passage and that ao far ns he was concerned It was burled so the deep that it never would be resurrected. war \I Introducd the 'resolution.\ said the Senator Heatb, \becauso I thought it; would be a nice testimonial. But the rctlon of the iwesiaent in the Lanslnir.to case has caused ma to revise come ofl my opinions of him, and so far as I am concerned the resolution Is dead.\ WILSON DRAFTING ANSWER TO ALLIED REPL Y ON FIUME; MAY QUESTION AUTHORITY HOUSE RECEIVES DISABILITY BILL Fess Measure Gives Congress and Supreme Court Tower Over Sick President. 4 TO AMEND CONSTITUTION Vice-Preside- nt Would Be Au-thoriz- ed to Call Special Ses- sion of Both Houses. Special to Tns'. Sc axd Nsw Tosk num. Washinoton, Feb. 18. An amend- ment to the Constitution that would give Congress and the United States Supreme Court Joint power to rro-vid- e for the assumption by the nt or the ranking Cabinet of- ficer oi the duties of tho President during nny disability that might ome upon him was Introduced ln the House y by Representative Fess (Ohio), chairman of tho Republican Congres-slon- Committee. Tho rovelatlon ln the WHson-Lans-ln- g dispute that tho President for more than four months virtually was unable to direct public affairs, prompt- ed the amendment After careful In- vestigation of the Constitution, the de- bates of the Constitutional Conven- tion and precedents, Mr. Fess con- cluded that the only way to provldo for such a situation as lias existed ln tho executive branch of the Govern- ment recently Is by a Constitutional amendment. Mr. Fess proposes that Congress tnke tho Initiative ln determining whether the President Is unable tq function. The actual disability,- - the amendment provides, Is to be deter- mined by the Supreme Court when authorized by a concurrent resolution Congress to Investigate the Presi- dent's disability, Such a plan cannot be carried out by legislative acts, Mr. Fess hoidf,\because the determining the President's disability Is hot a Judicial function and thus tho Su- - preme Court without amendment to the Constitution would be barred by that document from making such In- - qulry. The also provides that In \ nna. tne cnarac-caa- e Congress Is not in the the as \an example of may ask the quibbling Inferior call a sneelal which, without constitutional amendment, would be assumption of Presidential authority. according to Mr. Wilson's view. In Introducing the amendment Mr. Fees asserted it waa not his Intention to any way embarrass President Wilson, but that the situation as revealed by the Wilson-Lansin- g correspondence bad convinced many Representatives ln Con- - gress thai sucn steps us mc Congress for a responsioie head of the Government such pe- riods. Amendment an Addition. The Fess amendment is an addition to paragraph 5. l, Article II.. which reads: In case of the removal of the Pres- ident from offlee. or of his resignation, Inability to discharge the duties of said office, the same shall devolve upon the, nt and the Congress may by law for the case of removal, resignation, Inability, both of. the President and nt declar- ing what officer shall then act as and such officer shall act accordingly until the disability be removed or a President shall be Mr. Fess out that this mv no DrAviston for determining a disability, and he proposes to add these words : Said disability of the President o be determined by the Supreme Court when authorised by a concur- rent resolution of Congress. The nt Is authorized to call Congress into special session for this on recommendation of the Cabinet. In to hls'amendment Mr. Fess said: \I have introaucea mis amend ment under the conviction tnamne con stitution Is silent on tne proper pro- -. cedure In case or aisaoiiuy oi me President The Constitution expressly authorized Congress to what officer shall act as President in the case the removal, aeatn, resignation or Inability of both the President and the but not In the case of disability of the President. In 1816 Congress the .Presidential suc-.at- l.iw which provides for such a contingency, but no action ever hasifronted.\ been taken to provide against the dls Of the Prealdent lhe questions arising here are: What constitutes Constitutional disability? Does it admit of degree? Is 'Vacancy permanent or partial? Who determines these facta? Contingencies Are 'These questions were asked by Dick- inson In the Federal convention. They were not answered then and were not even discussed ln the ln the States. Contingencies might arise where the nt would un- doubtedly acs. In case of the capture of President by the enemy ln time of or his becoming violently Insane, disability, though It be tem- porary, would be nufflclent that and opinion wouli him act \It Is thar Congress cannot Continued on Page. 'Threat to Withdraw Confirmed by Council Cabti Dtipatch to Tan 8cx and Nsw YoiC HiaiLD. Copvriaht, IK0, bv Tns SM kD Nsw Yosx T QNDON, Feb. 18. Tho fol- lowing' question was asked of the Supreme Council by the cor- respondent of SUN NEW YOEK HERALD . \Did President Wilson threaten to withdraw the Treaty' of Ver- sailles and the agreement con- sideration by the Senate if the Adriatic decision by the Premiers was unsatisfactory to him?\ ' 1 The reply, which came through official channels, was in the amendment me matter, Z'lmes session torlzes denial Cabinet nt to' verbal which Intel- - session, nauyim having during section death, pro- vide death, elected. nolnted section purpose regard declare enacted ability leading cited. debates might public interest compel argued Second Sptctal tliaiLD. THE AND here: from FULL PUBLICITY URGED FOR NOTE London -- Press Resents Star Chamber Disposition of Adriatic Dispute. INTRIGUE IS SUSPECTED Selfish Interests Rather Than Those of Europe' Seem to Control Entente. London, Feb. 18. Criticism for the failure to make publla President Wil- son's note r.nd the allied reply Is voiced by the London newspapers. Some of the afternoon papers Ulsagrce with tho manner ln whlh tho nego- tiations between Great Britain and the Unltod States have been carried out and advocate greater publicity. The' Pall Mall Gazette suggests that per- fectly open conduct (s necessary In the correspondence \so that tho com- mon sense of all the nations concerned may assist In the victory of rtason and good temper.'t , The denial that Viscount Grey and Lord Robert Cecil had influenced the council to modify Its reply 'is asserted to be partly untrue, The Dally Jfall, j for instance, says It is an open secret that tho country owes a debt of grati- - tuae to iora Grey for his activities ; u maintains that though It be verbally true, it conveys and is designed to convey what Is untrue. Friendship la Jeopardised. Insisting that publicity of the whole situation Is necessary, the Timet says it Is right that the democracies on both sides of the Atlantic shall be told the truth, and, asserting that this feeling is cherished much more widely In Great amain man me ministers seemed to suppose, adds: \We are not going to stand by and have our friendship and relations with America Jeopardised by the proceedings oi a triumvirate sitting behind closed uoors. ine American aemocracy, we imagine, will not be less resolved to as- sert their right and atiflo this effort at secret diplomacy.' Both the Times and Dolly ifod again vehemently express anxiety lest he Supreme Council's actions Imperil the relationship between Europe and Amer- ica. The former believes a direct agree-jne- nt between Italy and the Jugo-Sla- can bo achieved, adding: 'Moreover, It has been almost achieved, and then frustrated by the selfish Intrigues of members of the Supreme Council, who had an eye- - on their own domestic In- terests rather than the welfare of Europe. \They will resist President Wilson at their proper peril over a question on which he Is substantially rixht for If untoward consequences follow their han- dling of a matter so momentous as the preservation of American fellowship in the affairs of Europe they will be made to bear the full responsibility of their acts.\ Senate Guarantee) rteqnlred. The Ztornina Pott says: \The com plexity of the situation Is- - a necessary consequence of the President's relation toward the Constitution and policy of his own country, which has been a source of weakness to the Allies since the opening of the peace conference.\ It adds : \We feel sure, however, that the President would agree that the Allies In dealing with his demands are bound to require some reason! ;le guarantee that acquies- cence on thtlr part will bo recognized by the United States Senate. In default of that assurance we do not see what course ts open to the Allies other than an endeavpr to arrive Independently nt a practical solution of the many formida ble problems with wnien tney are on- - Tfle TTeslmlnafw Oatefle says the future relations of Great Britain and the United Htatea may .depend on me tact and enlightenment with which tho situation is handled. \The whole of both peoples Is acutely concerned In the result\ It adds. \We must there- fore register a protest against the. man- ner In which the negotiations are being conducted. They are being carried 'on ln secrecy, only broken by unreliable rumors, by the three principal govern- ments. The peoples have a right to know what 1st being done ln their name, so that they may be able to protest If need be. against decisions which may affect their future relations.\ ItooTer Petition Rejected. Lansino, Mich., Feb. 18. A petition to place the name of Herbert Hoover on the Democratic ballot ln .the Presi- dential primary April 5 was rejected by the Secretary of State to-d- because It did npt designate the. candidate's resi- dence as required by law. 5 , Believed Supreme Council Had Ceased to. Function When Polk Left. TURKEY ALSO INVOLVED American Participation De- pends on Action Taken by Senate on League. PREMiERS' NOTE ARRIVES Partition of Russia by Crea- tion of Georgia Ono of the Points at Issue. Eptcial to Tns Son and Nzw Toac Heme. Washinoton, Feb. 18. Tho reply \of. tho Allied Premiers to President WIN Bon's Adriatic note Is now In thr handset tho President. It is of such a character as to require an answer., which presumably .tho President is to write himself after giving careful con- sideration to the note'recolved'to-day- . Increased significance was given to this Interchange of diplomatic notes', the most Important since the Presi- dent left Europe, when It becamo known y that the Supreme Coun- - ell had decided to call a now Peace' Conference -- to meet In Paris to take up all questions relating to the Turk- ish Empiro. Each of tho Powers will be asked to name plenipotentiaries to attend. While the drawing up of the Turkish treaty will bo tho special ob- ject of this conference, there Is a feel- ing here that tho revision of thu Ver- sailles Treaty may como up ln somei form, or at least a new discuss'on of the entire affairs of Europe. Tho meeting of the three Premiers; ln London appears In tho light of In formation reaching the State Depart- ment as a sort, of a caucus prelim- inary to the new Pa'rla conference at which a tentative plan regarding Turkey waa drawn up aa the basis of. tho Paris meeting. Will V. 8. Bo Represented f The position the President has taken In his Adrlatlo note therefore has brought up the question aa to what re- lation he wishes the United States to be considered In toward the Turkish settle ment Does the President intend to send a plenipotentiary to tho Turkish peace conference, and If not does he Insist that every question decided there must be submitted to this Government for ap- proval under threat of having the Presl- - dent himself withdraw his support from Article. X, the crux of the League ot Nations? These are questions which have increased the confusion among the Allies as to the relation which the United States now bears toward Europe. Just what the allied Premiers have said to the President, both as to his Adriatic protest nnd on the general sub- ject of America's position In tho further adjustment of European affairs is still withheld. The .note of the Premiers, handed to Ambassador Darls In London, reached the State Denartment earlv .morning, and after being decoded waa mwiea to we president ln a manner? reminiscent of the old war days. While tho tension Is leas than It was then, ths present situation has stirred diplomatic circles more than anything since the signing of the German treaty, particu- larly as It Is now seen to mark the President's resumption of the handling of foreign affairs In person and without any apparent deviation from his pre- vious policies. Mr. Wilson In effect asked the allied Premiers In hi note of February 10 if their action last month, when they pre- sented the ultimatum to Belgrade, was to be accepted aa Indlcatinsr that hm. after they' Intended to draw up Euro- pean settlements which might come un- der the guarantee of Article X., without first consulting the United States. It ts apparent .the Premiers have answered mis in sucn a way as to demand a new note from, the President covering our toreign relations. Of n Conciliatory TTntnre. This guarded admission at the Stale Department to-d- excited great Interest js indicating a continuance of the note writing. It was also taken as Indicating that the Allied Premiers faced with n situation nere where the President ap- peared to be hopeltsjly at odds with the Senate, and with America refusing to be represented on the Supreme Council, want more elucidation, with tho forth. coming Turkish conference In mind. The significant fact, however, is that the allied answer leaves the door open and apparently Is conciliatory enough to preclude the \necessity of withdrawing the treaty. There were Increasing signs y that this whole correspondence might be made public In the next few days. This Government, It Is understood. Is not un- favorable to full publicity, but natwa'iy feels that the consent of the other gov- ernments first must be obtained. It Is understood that suggestions along this lino already have been conveyed to the other foreign offices. The President's note Is his, first pro r.ouncement on Internationalism elnce his Illness. There are signs that he would like It to get to the people, particularly as It involres the treaty and the league situation. The news that thero would be a new peace conference in Paris to take'up the Turkish treaty was made known at the State Department y. The Presi- dent, It was made clear, has not decided whether to send a plenipotentiary. May Await Senate Action. . No date has yet been fixed for the Paris conference, and It Is believed tin President may wait until the last m ment to aeo whether the Senate definitely 1 1
