Show COUNSEL SEEKS I II I DISMISSAl Of BLACKMER CASE AS WASHINGTON March 3 AP Ar Turning to another of or the cases cues S growing out of the oil oH scandal Jus Frederick tice-Frederick L. L Siddons In District of Cf Columbia took toole under un un- un- un i. i d der advisement r today a n. motion to toi i dI dismiss contempt proceedings I Against H. H M. M of Denver Denver missing witness In the Sinclair Fall-Sinclair ci oil i conspiracy trial m r summoned as a L government gov gov- S em eminent ent witness refused t to return from Europe and testify concerning S J Liberty bond oil profits proms of or the Continental 1 Trading company compan was created by Harry F. F Sinclair Sin Sin- clair and arid others The government wanted anted his testimony in Its effort to V that part of the bon bonds bonis s reached I Albert Altert B. B Fall former secretary of S th the interior after he had leased the Teapot dome naval re reserve to SInclair Sinclair SIn SIn- clair Tho contempt proceedings were 5 5 brought under a recently enacted S law sponsored by Senator Walsh Democrat Montana which would permit the court to forfeit as much muchas as of the property of any anyS S American citizen who who- refused to reS return re re- re S turn from abroad to testify In a Criminal prosecution RAP CONSTITUTIONALITY Nathan I I. I Miller former governor Of f New York and George Gordon Cordon Battle Blackmer's counsel contended contend- contend cd ed d that the law was unconstitutional al in that it violated the rights of their client as ns guaranteed under the fourth fifth fUth sixth and eighth amendments to the constitution that the proceeding They argue argued arguel was was- wasa as a a criminal prosecution and ana therefore tho tim court vas as without Jurisdiction until Blackmer was in custody of the he court Blackmer of or the board of the Midwest Refining comp company ur was said b by his counsel to have given tip SUP his Denver residence in 1024 a and andin andin d din in in- 1926 had decided to live abroad S permanently Atlee Pomerene who with Owen OwenJ J J. Roberts comprised special government government government gov gov- counsel argued that men prominent in the Continental deal h had d fled the country to keep keep from from testifying in the Sinclair Fall-Sinclair case and that congress had ample au authority authority authority au- au to enact the statute He maintained that whether Blackmer was a resident of this country was long as he was a citi citi- zen Een Roberts argued that the government govern govern- mont ment did have Jurisdiction over Its citizens abroad citing supreme court ourt decisions to that effect Roberts Rob lob erts also contended that if Bla Bia Blackmer kmer had actually given up his residence in Col Colorado rado and was a resident of France he hie could not claim claim- tion under the constitutional amendments SIDDONS INTERESTED Justice Justi e Siddons took a keen in interest interest interest in- in terest In the arguments at one point asking Miller Would you ou c concede it was a duty of a citizen to testify when subpoenaed 1 It Is the duty of everY everybody to ob obey y a valid subpoena replied the co counsel who maintained that the BI Blackmer subpoena was not valid because the law granted a right to to summon the witness wit wit- ness that it did not grant to SinClaIr Sin- Sin 9 clair 5 Justice e Siddons gave counsel counsel un unS un- un S t l March arch 12 12 to 12 to file me briefs briers |