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WEATHER. Fair tonight and tomorrow; little change in temperature. Temperature for 24 hours ending at 2 p.m. today; Highest. 76, at 3:15 p.m. yesterday; lowest, 3S, at 6:30 a.m. today. Full report on page 5. Closing N. Y. Stocks and Bonds, Page 22 ... Filtered as second class matter .> O. -y,4UO. post office Washington. D. C. I LA FOLLEHE VOTE I BAFFLES GUESSERS I ON ELECTION’S EVE I Continues to Be Big Puzzle I as Campaigns Come to I Close Generally. I FIGHT TO BRING VOTERS I OUT SURE OF SUCCESS Record-Breaking Balloting Conn dently Expected—Results May Be Slow. H by could uxroLV H Staff Correspondent of The Star. ■ CHICAGO. November ". —The prize H puzzle of the year—what vote La ■ Collette —will be answered at the polls tomorrow. The solution of this puzzle will reveal also the real strength of President Coolidge. The campaign is completed. The B bustle and buzz about the headquar- B t .-rs of the three parties here has B ceased. Stores in Chicago display B signs reading; “Pay your election nets with this or that hat.'' Campaign managers admit that all that can be done has been done and the result now lies with the people. The only B remaining effort will be to get the people to the polls, and local commit- H tees and workers will work their ■ heads off tomorrow at that job. x ■ # in the closing days of the campaign ■ no political bombshell has been ex- I ploded. The La Follette “slush fund” ■ investigation has proved a “dud, ■ notwithstanding the statements ts ■ sued by the counsel for the La Fol ■ lette investigators. The people ha\e I shown a strange lack of lnte ™® • ■ though the newspapers have P r '^ a ■ many columns about the mvestiga- B Tion. B Apathetic. ■ rm the whole the campaign has ■ been apathetic in many States, cam ■ paigners returning trom their fields ■ ~f activity complain. The days h< f ■ political rallies were great events in I a community seem to have passed. I The radio, the movie, the automobile ■ give more of a thrill. During the ■ last week, however, the interest in ■ the election has developed consider- B ably, though not to the lighting pitch. B IVnplc are Interested particularly in , I what La Follette will do 3.nd in what ■ the size of the Coolidge electoral vote, I will be. I The largest vote ever cast in a ■ presidential election is confidently' | I expected, however. And by the same ■ token the final result of the election I in many of the States may not be I known until Wednesday or later. I Here in Illinois, for example, the bal- I lot which the people are called upon ! I to mark is almost the size of a bed I I sheet, with a great number of names! ■ on it.’ With a bitter tight over the! ■ governorship, in which large num ■ bers of Republicans are deserting I [,en Small, the present governor, for | ■ the Democratic nominee. Judge Nor- I ■ mon L. Jones, there will be thou ■ sands of split ballots, which means H rb-lay in counting. In States like H Colorado, Kansas and Indiana, where ■ local Ku Klux Klan fights are being H waged, there will be thousands of V split ballots cast also. I Northwest May Be Slow. ■ But it is in some of the States i I which the I-i Follette leaders claim! ■ in the northwest that the returns ■ • may be particularly delayed. In Min- \ I nesota, for instance, the polls do not | • •lose until 9 p.m. central time, which | means 1“h o'clock eastern time. In j North Dakota and'South Dakota the j first returns come from the cities, but the big bulk of the votes must | come from the country districts, and ! it is In those that the i’rogressives \ arc especially strong. Queer twists and turns in the sen- , liment of the voters in some of the | States will add to the difficulty of I reaching an early decision. In lowa i Senator Brookhart is running as a Republican on the ballot, while his friend La Follette is in the Progres sive column. A vote for the Repub lican ticket, cast straight, means Coolidge and Brookhart. To vote for Brookhart and J.a Follette the ballot must be split. It is the La Follette weakness in that State. In lowa, too. thousands of stand-pat Republicans will vote for Stock, the Democratic nominee for Senator, because of their distaste for Brookhart. On the other hand, there is a feud between Demo cratic factions over Stock, and he will not have the entire Democratic strength, and Brookhart seems sure to carry the State. The fact that Luther Brewer, inde- ! pendent Republican nominee for the I Senate from lowa, still remains on the official ballot, though he has with drawn by personal announcement, i also will operate to aid Brookhart, j for Republicans who might otherwise l vote for Sleek as a protest against ; Brookhart may vote for Brewer. Kansas to Split Ballot. In Kansas, where William Allen | White Is after the scalp of the Ku i Klux Klan, the ballots will be split I many times. Jonathan Davis is the | candidate on the Democratic ticket to I succeed himself, and the Democrats ; have more hope of electing him than j they have of carrying the State for John W. Davis. The corn-fed Davis j is better liked than the milk-fed Davis in Kansas. Great confidence that La Follette will carry Washington State was ex- ; pressed to me today by a leading j Democrat of that State, who has just | come from the coast. It Is the hope j of the Democrats and La Follette peo- | pie that their coalition will be sue- j cesaful there. In return for support i for La Follette in that State, the ] Democrats expect La Follette voters to get behind a couple of their candi dates for the House and to put them across. The State probably will elect s Republican governor, however, this Democrat said. Bntler to Remain in West. Chairman William M. Butler of the Republican national committee, not withstanding his entire confidence in the outcome of the election, has de cided to remain at headquarters here until the election is over before go ing Hast. Chairman John M. Nelson ( of the La Follette national committee is radiating confidence in the large gi popular vote that his candidate will though he is making no pre dictions about the size of his electoral vote, and confidence In the victory of Progressive candidates for Congress. on Page 3, Column o.j f j | In Critical Condition | '^diiSw ' * A , I HarrU-Ewing Photo. MRS. WARREN G. HARDING. IS. HARDING ILL. CONDITION SERIOUS | Critical Recurrance of Kidney Ailment Follows Death of Dr. Sawyer. j ■ 1 j By the Associated Press. MARION, Ohio, November 3.—Mrs. | Warren G. Harding, widow late ; President Harding, was reported to • day to be in a critical condition 'at the home hero of Dr. Carl W. | Sawyer. She is suffering with kid ! ney trouble. i Mrs. Harding has been ill for sev- I eral weeks and has failed consider ably since the recent death of Brig. : Gen. Charles E. Sawyer, who was \ j her personal physician and who was , 1 personal physician to Mr. Harding I when he occupied the White House. 1 It became known that yesterday ! : Dr. James C. Wood of Cleveland was j called for consultation. Mrs. Hard ing is making her home at White [ . Oaks farm, the home of the late | j Gen. Sawyer. i Dr. Carl W. Sawyer today issued : ; this bulletin: j “Mrs. Harding's condition remains j practically the same as last week, j She % has developed a number of j symptoms that were present in her 1 | serious attack in 1522 in the White 1 H'mmc. Other complications have j arisen which were not present at that ! time and her condition now Is rather I serious. FrieVds of Mrs. Harding say she ; has suffered with kidney trouble for i i years, but they attribute her present 1 ! illness to the shock caused by Gen. 1 ; Sawyer's recent death following so ! closely the death of her husband a j little more than a year ago. WCAP ABANDONS ELECTION PROGRAM • Decides Not to Attempt Broadcast- i ing of Returns Simultane ously With WRC Station, i i ! ( WCAP will not attempt to broad- : j cast the election returns tomorrow 1 • night, it xvas announced definitely to- ' j day by S. M. Greer, vice president of I the Chesapeake and Potomac Tele i phone Co. The second test of simul i taneous broadcasting by WRC and ' WCAP Saturday night on widely sep- I arated wave lengths, according to Mr. I ■ Greer, showed that while a large ma- i jority of receiving sets of all classes ; could hear either station without in- I terference, there were a considerable number of sets, mostly of the crystal j type, which cotMd not tune from one I station to the other with any success. | The test apparently shows, said Mr. ! Greer, that because ordinarily only j one broadcasting station is working at | a time in Washington many crystal j set users have not equipped their ap paratus with the proper tuning de vices or may have failed to adjust j the receivers to enable them to hear 1 either station without interference. "Under ail circumstances.” de- ' dared Mr. Greer, “the telephone com pany has decided that it will with ! draw its request to the Department i of Commerce for a separate tempo- . rary wave length, and therefore will I I not be broadcasting election returns I !on Tuesday night.” Mr. Greer added i I that the company regretted this ac- j ; tion because, from letters received by I j WCAP, it was apparent that there I was a widespread desire on the part I i of radio listeners to have the election | | news broadcast from both stations, j I WOMAN DEAD ON ROOF. | I iody Injuries Indicate Fall or I Jump From Hotel Window. j HARRISBURG, Pa., November 3. ' | The body of a woman who registered I I at the Penn-Harris Hotel here Safur- ' j day night as Miss Norma C. Kelly, j I Syracuse, N. Y., was found early to- ! | day upon the roof of a building ad- ! I Joining the hotel. Her death, physi- I 1 oians decided, was due to injuries I I resulting from a fall or from jump- I I ing from a hall window on the fifth ! j floor, where her room was located. I The United States Expects Every American , to Do His . Duty— VOTE it ■* * W\ e lEtiermm Slaf. y J . V V WITH SUNDAY MORNING EDITION \^/ APPEALS BY RADIO TO BRING CAMPAIGN TO CLOSE TONIGHT Cpolidge and Davis to Urge Record Vote—Bryan and Wheeler on Stump. HOT STATE FIGHTS TURN ON DISPUTE OVER KLAN Prospect of Good Weather Indi cates Heavy Balloting—All Sides Profess Confidence. ' By the Associated Pres., The campaign of 1924 is passing through its final hours in a swirl of activity destined to make political history. For the first time two presi dential candidates. President Coolidge and John W. Davis, are preparing to address an election-eve message to the same audience—a radio audience j that will extend the country over. Two candidates for the vice presi dency likewise are upsetting prece dent by continuing through pre-elcc • tion Monday their speaking cam ’ Palgns. Gov. Bryan is completing a i swing through his home state of Ne : hraska, and Senator Wheeler is wind ; ing up his coast-to-coast speech -1 making tour in Baltimore. La Follette at Home. i j Senator La Follette. having laid his ! ca se finally before the people in a 1 Saturday night address at Cleveland, j has returned to his home in Madison. and Charles G. Dawes is awaiting in ■ Evanston the verdict of tomorrow's : balloting. Managers for all three of the ' presidential tickets, after making the ! usual pre-election claim of victory, I devoted much of today to perfecting I machinery to get out the vote. A fair weather forecast for most of the i country fitted in with these prepara , tions and appeared to presage a rec ! ord vote. Besides making a decision among ! the three presidential candidates, the j voters will choose tomorrow the com ! plete membership of a new House of j Representatives, 34 United States i Senators, 34 governors of states and I a host of local officials. In several States the local campaign has seen an almost complete ohlit ! eration of party lines. The La Fol iette movement, seeking strength • from both of the old parties and help | ing Democrats in some localities and Republicans in others, has turned 1 topsy-turvy the established order in i more than one political community in I the West, | In other localities the Ku Klux i Klan issue has operated with equal force to tear down party alignments j and cloud the outcome with uncer i tainty. 1 The Republican claim to national [ victory is based on an assumption j that Coolidge and Dawes will sweep both the Bast and the W'est and cut j into the borderland of the solid South. The Democrats declare Davis and Bryan will take the border States, as well as the South, and will nose ; out a victory by a combination of , doubtful Stales in the Bast and Weet. The major strength of La Follette and Wheeler is conceded to be in the . Northwest, with Wisconsin as its cor j ner stone. j HEAVY VOTE ANTICIPATED. I Good Weather Forecast Favorable to Record Turnout. 1 By the Associated Press. i CHICAGO, November 3. —Heavy j voting in the election tomorrow was • anticipated in the Middle West by po litical leaders as the three-cornered campaign for President overshadowed most State issues. In spite of the interest in the presidential choice, great attention in | some States was attracted to such ; issues as the Ku Klux Klan in 1111- ; nois, Kansas and some other States, i and the candidacy of Mrs. Miriam A. Ferguson, the Democratic nominee 1 for Governor of Texas, who is seek j ing election over Dr. George C. Butte, j Republican. j In Kansas the gubernatorial race I is a three-cornered one, with Wil -1 liam Allen White, Emporia editor, i running as an independent squarely I opposed to the Ku Klux Klan. Clos j ing features of the campaign in that 1 State included charges by Fred i Robertson, Democratic State chair- I man, that two Democratic workers i had been suspended from the Ku I Klux Klan for campaigning against Arthur Capper and Ben S. Paulcn, the Republican candidates for United States Senator and governor, re ; spectively. Klan Issue in llllnaln. I In Illinois the Klan issue was ! brought out by opponents of Gov. Len Small, Republican. The cam paigns of Judge Norman L. Jones, Democratic gubernatorial nominee, and of Gov. Small have been vigor ' ous, and. although the governor and I his supporters claimed confidence of ! his election. Judge Jones' forces de i dared a recent trend indicated he | would be the choice. Another en- I (Continued on Page 4, Column 5.) COPELAND MUST DIE I FOR DUNIGAN MURDER Court Refuses New Trial to Negro Who Shot Police Officer to Death. Herbert L. Copeland, colored, who shot and killed Police Lieut. David T. Dunlgan May 21. 1918, must pay the penalty of his crime on the gal lows. The District Court of Appeals today refused a new trial asked by counsel for the prisoner. The opinion was (tendered by Chief Justice Martin. Copeland escaped from the Jail and j was at large for four years until he was located at Akron, Ohio, and re turned to Washlhgton. He denied his identity for sime time and would not admit it untir called for arraign ment In court. f The court als* upheld the con viction and deatil sentence of Ralph Thomas, colored, mvho cut the throat of bis wife. WASHINGTON, D. 0., MONDAY, NOVEMBER 3, 1924-THIRTY-FOUR PAGES. * * i 1 i * G. 0. P. LANDSLIDE ] BELIEVED CERTAIN I Leaders, Jubilant, Predict Election Will Be ‘Massacre.’ Democrats Uncertain. 1 BV S. O. MESSENGER, Staff Correspondent of The Star. [ NEW YORK, November 3.—"lt is i not a battle—it is to be a massacre,” 1 I this is the conviction of the Republi- | can leaders here on the eve of to i ! morrow’s election, and the real ' ( thought of the Democratic leaders as i they have that sinking feeling is 1 ' "there is probably much to be said on I | that point.” I | No campaign can be reoalled when i there was such a mass of advance i | indications of the probable outcome jas have been acenrmrhiting from : ! every source in the past few weeks 1 I and with entire unanimity pointing 1 j to the election of Coolidge and Dawes. I Their victory appears insured not by j a narrow margin, but a vote in the j electoral college reaching the pro portions of a "landslide,” which sug gest the query whether the Republi can leaders were spoofing us when , they ran around sounding the alarm that the election might be thrown into Congress and "Brother Charles" I chosen. The statement that the Republican ticket will win does not break upon the country as a surprise; indications have been pointing that way for ! many weeks, even from the first trip j made in the campaign by John W i Davis, and his failure to mak • an 1 impression upon the voters* 1 asked | a keen politician here to what he , 1 attributed Mr. Davis’ failure to make | a dent in the situation, and he said, | "Satisfaction with Coolidge.” There iit is in a nutshell. The voters had I become acquainted with Coolidge the I man, Coolidge the executive, and ! 1 could see no reason to replace him. Coolidge Is Not Blamed. | Even though Republican officials j had betrayed their trust and tainted ! the organization with scandal, no amount of assertion could convince the country that President Coo.liJge was party to or even responsible tor it, but that the conduct of Govern ment would be as sale in bis iianiis air In any others. Every knock against Coolidge has proven a boost. Another explanation of the Repub . lican victory which is looked for to morrow is tha. the country is play ing safe in martial affairs and is • expressing a vole of confidence in the Republican parly to conduct gov ernmental affairs and the Nation's i business rather than either the Dem ocratic party or a. hybrid combina , tion of bi-partisan and semi-social - i istic political and economic elements. Another phase of safety first. But after all when all is said and 1 done, it cannot be denied that at the foundation of this expected verdict at the polls lies the spirit of satisfac tion with and confidence in Coolidge the man and also with his running > mate, the business-like Gen. Dawes • with his rugged character. This will be largely a personal victory for these i two men and further cxemplilcation , of the growing tendency in super politics to put men above the parties. The Republican victory will be, of course, a stinging rebuke to the ■ j third party, with its platform of as ! . many colors as Joseph's coat. It is 1 promised by the third party leaders i that their fight Is to continue, but j there is every Indication that tomor | row’s verdict will put a crimp in It. I As Secretary Hughes pointed out In 1 his speech, hereafter they will have i to come out in the open and not un -1 dertake any Trojan horse-stalling 1 ; under the Republcan banner. And , that will help some. j Tonight the country will be “all ears” with Davis and Coolidge ‘‘on , | the air” to have their last say. Poli- I ticians think It is doubtful if many votes will be changed for they be ; lleve the “game Is set.” and in fact ; has been for some time. — £ The United Slates Expects , Every American x to Have The Right to Vote,— Therefore, VOTE for National Representation for the District * of Columbia. &= ■ . m •* I Giant Eagle Flies To Death Before i Huge Crow Army By the Associate*! Press. NKVKRS, France, November 3. The strange sight of a huge eagle being pursued by a flock of crows estimated at some 3.000 caused the townsfolk to crane their necks here. The eagle eventually sought refuge at the Chateau de Cussy, where keepers shot it, whereupon the flock of crows disbanded and disappeared. The eagle was found i to measure more than eight feet 1 across the wings. ALLEY DWELLERS :| LOSE COURT CASE j Injunction to Prevent Ouster | Is Set Aside by Court . of Appeals. I The District Court of Appeals in an opinion by Justice Van Orsdei to i day set aside the injunction granted by the District Supreme Court against the District Commissioners to pre vent them proceeding to enforce | against Charlotte K. Lockwood and i others the prov isions of the act of ; ! Congress prohibiting occupancy' of : houses in certain alleys. The court does not pass on the constitutionality of the act, but declares that the Dis trict Supreme Court lacked jurisdic tion to entertain the suit before some I criminal proceeding had been insti tuted by the Commissioners for vio lation of the law. The fear of the possibility of a j multiplicity of suits is not sufficient, the court holds, to invoke equitable jurisdiction. The plaintiffs own a number of houses in Jackson Hall Alley, which is supplied with sewer, water and gas. but such facilities have not been extended to the houses. The lower court held that the conditions of the law applied to the alleys and not to the houses. Mill Study Decision. Corporation Counsel Stephens stat ed this afternoon that he would have to read carefully the decision of the Court of Appeals before determining what the next step should be in car i rying out the provisions of the alley closing law. Marly this year when the date for i the enforcement of the law was near at hand the corporation counsel sub mitted an opinion to the Commission ers which had the effect of limiting the closing feature to a comparative- ‘ ly few alleys. I The legal department of the Dis -1 , trict government reached the con • elusion at that time that the lan guage of the law was such as to re quire the abandonment of alley dwellings only where . the alley was less than 30 feet wide, and failed to run straight through from one street to another and where sewer, water ■ and light were not provided. One of the questions which arose following this opinion was whether ■ any one of these conditions would prevent the closing of an alley dwell ing or whether all of them had to be present. The corporation counsel will make a study of the Court of Appeal's de cision within a few days. {AUTOS FORCE BERNARD ! MONKS TO OPEN HOTEL Curious Visitors Too Numerous to Continue Free Meals at Hospice. By the Associated Press. PARIS, November 3.—lncreased au tomobiling has been chiefly respon sible for the decision of the great St. Bernard Hospice to open a hotel. For nearly a thousand years food and shelter have been freely given to all travelers who have halted at the famous hospice, which is noted for the life-saving dogs attached to it. No payment was ever asked, but the church contains a box for voluntary offerings. For a long time these offerings have not been in any way in proportion to she number of visitors, ever growing, owing to increased motor touring in I the Alps. It now is proposed to meet the diffi culty by turning part of the building into a hotel and place it in charge of a professional manager. ' Radio Programs—Page 21. ELECTION PARTY PLANSCOMPLETE Star Will Furnish Up-to-Min ute Returns From States Tomorrow Night. Washington was all astir today completing preparations for yeceiving ; tomorrow night the news that will 1 decide whether moving day will be observed at the White House on March 4. 1923. From the President of the United States, who has a rather personal in terest in The outcome of the election, to the plain citizen of the District of Columbia, who is forced by law to watch the presidential race from the sidelines, extensive arrangements have been to learn by wire, wireless and thw press of i nation's choice for its leader. Setting la Completed. The Star today completed the : setting for an outdoor election party, ! to which the public is invited, and which will feature the flashing of the latest bulletins throughout the eve ning on a gigantic screen erected to day on the Pennsylvania avenue side of The Star Building, with the added attraction of a complete discussion and analysis of the incoming returns by Frederic William Wile, famous political observer and writer for this paper. The Star’s extra edition will give detailed reports of the progress of the voting. Radio Outfit tor President. President Coolidge. candidate of the Republican party for re-election, will ! hear his fate at the While House in a room specially equipped with radio outfit, special Associated Press and Western Union wires and a special wire to Republican national head ] quarters. * Mr. and Mrs. Coolidge have invited as their guests several of the cabinet members who are in the city, with members of their families, and a num ber ot other friends. All the political committees, clubs and organizations have made special arrangements for rcelving the re sults of a nation-wide poll. Workers at the local headquarters of the Re publican and Democratic national committees, with their friends, will stage election parties at their offices, while similar meetings will take place at the local Republican and Democratic committees and clubs. Program at Hotels ami Clubs. Hotels, cases and private clubs will inform their patrons or members of the returns, either by radio loud speakers, screened bulletins or verb al announcements. Theaters also will make election announcements from the stage or on the screen. 1 Meanwhile, with everything "all set” for the big showdown tomorrow, Washington managed to carry on its customary routine of business with out interference. Perhaps the least disturbed of any one in the city was President Coolidge himself. Coolidge Remains Cain. From ill outward appearances the eve of the 1924 national election means nothing to him. There was nothing about his facial expression, his tone or his general conduct that indicated he had anything on his (Continued on Page 4, Column 6.) Election Returns Tomorrow Night at The Evening Star Building Bulletins by Telegraph and Radio will be shown by Stereopticon, arid will be amplified and interpreted by Frederic William Wile I Over a Glorified Loud-speaker which will make his voice clearly audible for a great distance. Reports from the election will be interspersed with cartoons and musical numbers. I An extra edition of The Star will be issued as soon as results are known. Toll Church Bells Early Tomorrow To Bring Out Vote By the Associated Press. BURLINGTON, Vt.. November 5. In an effort to bring out a record vote in tomorrow's election, the city authorities have arranged to have all church bells tolled at 8 o'clock, the hour set for the opening of the polls. The ringing of the bells, the an nouncement said, would "remind the public that it has a duty to perform.” PERRYGO WINS NEW TRIAL FORMURDER Justice Robb Bases Decision on “Third Degree” Method in Getting Confession. Third degree methods have no place in our civilization, declared Justice Robb of the District Court of Appeals today, when he granted a new trial to Edgar Randolph Perrygo, 22 years old, who was convicted of murder in the first degree in connection with the killing of Mrs. Emily Faithful at her home on Congress Heights in February, 1920. Perrygo was 17 years old at the time of the tragedy and has been in jail nearly five years, most of that time in the death cell, as his execu tion has been postponed from time to time. The youth probably will be taken from the death cell this after noon and given another cell. The only assignment of error on which the appellate court acted in 1 reversing the conviction and ordering a new trial was the introduction of a confession by Perrygo, said to have i been obtained by the police through the use of so-called ‘•third-degree” methods. Protection In Demanded. "While it is to be expected,” said the court, "that police officers will manifest zeal in the detection of crime, the citizen is entitled to the protection secured to him by our Con stitution and laws. It is apparent that the defendant, in a case like the present, not only is at a serious dis advantage during a gruelling exami nation by several police officers, but that this disadvantage attends him at the trial, when the officers may or may not remember all that occurred at the examination." The judgment of the lower court was reversed and the case was re manded for a new trial. Attorney ■ James A. O'Shea. and John I. Sacks appeared for Perrygo. These two i lawyers also obtained a reversal of the Wan case recently in the United , States Supreme Court, in which this tribunal ruled out a confession which Wan is supposed to have made under ’ the “third degree” method. Justice Robb, in the course of his lengthy opinion, referred to the Chi . nese case, saying that "in that case, as here, the question whether the I confession was voluntary had been i submitted to the jury. The court | ruled, however, that the testimony of the superintendent of police, three detectives and the chief medical of ficer “left no room for a contention that the statements of the defendant i were, in fact, ‘voluntary,’ since the ‘undisputed facts showed that com i pulsion was applied.' ” Review* Hl* Confession. [ In the present case, according to the evidence for the Government, says the court, "the defendant, within a few hours of his arrest, confessed 1 he had murdered a helpless old wom i an and turned over to the girl he was > about to marry the money he had 1 obtained thereby. After his arrest I he complained that ‘he had a head . ache and felt sick,’ and, unless he was utterly bereft of human emo -1 tions, that was a mild characteriza t tion of his condition. In addition. l he was but 17 years old and of low ■ mentality. We do not mean to in dicate that he could not understand I right from wrong, but we do mean I that his age and mentality are im . portant factors in determining i whether, in the circumstances ad mittedly surrounding him, his con- I session was voluntary. I "Surrounded as he was,” continued , the court, "by four and at times five • police officers, who all questioned him. I he persisted in his denial of guilt for. more than an hour and a half, and it was not until the girl. Mabei Hill, was brought into the room that | he made an inculpatory statement. : * * * The undoubted purpose of I confronting the defendant with the • Hill girl was to induce him to make ' an incriminatory statement. No i other purpose could have been sub- served by her presence.” 1 SLAYER GUIDES POLICE. t MARSHFIELD, Mass., November 3. —The body of John Roderick, fatally shot, was found by police last night , buried in a shallow grave in the woods ’ here. They were guided to the spot by Christian Martin, who told police 1 that he had become conscience stricken ’ three hours after he had slain Roder -1 ick In a quarrel over a game of cards. 3 Martin was placed under arrest, charged with murder. “From Press to Home Within the Hour ” The Star’s carrier system covers every city block and the regular edi tion is delivered to Washington homes as fast as the papers arc printed. Saturday’s Circulation, 94,374 Sunday’s Circulation, 104,223 RENT LAW INVALID. 'EMERGENCY PAST, COURT OF APPEALS RULES IN FINK CASE Supreme Court Opinion in May Leaves No Constitu | tional Basis for Act, Jus k tice Robb Holds. ( DUTY PLAIN FOLLOWING THAT FINDING, HE SAYS ! I 1 Statute Still May Be Made Perma nent If Conditions Which it Was , I Originally Intended to Meet Can I Be Proved to Exist in Capital • | Today. Verdict. i i i j there is no housing emergency in Washington and after the United | j States Supreme Court had decided | the passing of the emergency in the ; Chastelton opinion last April there i was “no constitutional basis for the j legislation by which Congress, May | 17 last, purported to continue the I Ball rent law in force for another i year.” j This is the purport of the opinion i of the District Court of Appeals ; rendered today by Justice diaries ; H. Robb, in which the decision oi J Judge Mattingly of the Municipal j Court, in the case of Peck vs. Fink was reversed, and the cause rc -11 manded for further proceeding-. ■ Judge Mattingly had held the Ball 1 rent act to be in force. A writ of ! error had been allowed from that i ruling. Justice Robb points out that this i i legislation "intended to meet a tem j porary emergency" has already been I • extended for more than 5 years and I if the emergency is not at an end ; ; may be cor tinued indefinitely ami may become permanent law. He de clares the opinion *of the United 1 States Supreme Court in the Chasfle • ton case is so clear that it must be - taken as an authorative declaration I1 by the highest tribunal that the 1 : emergency has ceased to exist at the 1 date of that opinion upon facts known judicially to the court, j The plain duty of the Court of 5 J Appeals, Justice Robb says, is to ap ply the opinion of the United States • Supreme Court to the case at bar as ‘ that opinion is “so clear and direct 1 as to leave no room for doubt as to -1 its meaning." Emergency nt End. ■j In reference to the recent exten i | sion by Congress of the Ball rent ; law Justice Robb states: "While it : is true that after such declaration ! by the United States Supreme Court lon May 17. 1924, ■ Congress pur ; ported to continue the legislation in i force for another year, there was no > constitutional .basis for the legisla ! : tion. the Supreme Court having de t j dared the emergency at an end upon [ ; facts judically known to the court." - I In the course of his opinion Jus i i tice Robb says; | I “This writ of error of the Munici t j pal Court of the': District of Columbia . ! involves the questioff whether the ■ 1 emergency giving rise to the enact . ; ment of the so-called rent law of the - ! District still existed on May 2, 1924. , j the date of a determination by the • i Rent Commission reducing the agreed . I rental of the premises in question. I "On May 1, 1922, the plaintiff in i error leased to the defendant in er - i ror the premises involved at an j agreed monthly rental, payable in - advance. On November 19, 1923, de- I fendant in error filed a complaint l with the Rent Commission for an i adjustment of rent. Hearing was » had in March following, and on May . , 2, 1924, the commission announced its t finding. Meanwhile,, the Supreme Court of the United Slates had an -1 nounced its decision in ttie case of L | the Chastleton Corporation vs. Sin . ! clair. 264 U. S. 543. and plaintiff in f! error, contending that the finding of ; i the Rent Commission was a nullity, ; I served notice upon defendant in er > ! ror as tenant to surrender the prem ises by reason Os his failure to pay the agreed rent. Precedent* Cited. "The life of the original rent law of October 22, 1919, was limited to two years. In Block vs. Hirsh. 256 U. S. 135. the constitutionality of that ■ ‘ act was upheld because as states in ’ '■ Pennsylvania Coal Company vs. Ma -1 hon, 260 U. S. 393. it dealt uitltthe • j congestion of the City of Washington from the war, although the i act ‘went to the verge of the law.’ 1 I The opinion in the coal company case ’ j was announced in December, 1922. • j The act of August 24, 1921, purported ■! to continue the rent law In force, ; with some amendments, until May 22. 1922. On the latter date there was a 1 further declaration by Congress of the continued existence of the emer gency giving rise to the original act which, with further amendments, was I extended until May, 1924. The deci : sion of the Supreme Court in the, ! Chastleton case was announced April 21, 1924. On the 17th of May. 1924, i Congress purported to continue the ; rent law in force until May 22, 1925. ■ It thus appears that this emergency i legislation, originally limited to ex- I pire in 1921, has been prolonged by successive extensions until the mid ! die of 1925, a period of more than j five and one-half years.” Reverse* High Court Opinion. I Justice Robb then reviews the opin- I ion of the United States Supreme I Court in the Chastleton case, and jadds: j “The court then declared that it was j not necessary to inquire how far It 1 might go in deciding the question of ! the passing of the emergency for | Itself, on the principles enunciated in certain cited cases, adding. ‘These cases show that the court may as certain as It sees fit any fact that is merely a ground for laying down a 1 rule of law, and if the question were merely whether the statute :s in force today upon the facts that we judi cially know we should be compelled to say that the law has ceased to operate.’ Inasmuch as the case before i the court Involves conditions In j Washington at different dates in the J (Continued on Page 4, Column 2.) * TWO CENTS.