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WITH SUNDAY MORNING EDITION Saturday's Net Circulation, Sunday's Net Circulation. M,8;!K Xo. 27,613. WASH 1NGTON, D. C., MONDAY. DECEMBER 1. 1919-THIRTY PAGES. Declared Unconstitutional Because Unreasonable: Lacking in Uniformity. JUSTICE ROBB'S OPINION AVOIDS BALL RENT ACT Citizens Deprived of Property Without Compensation. Is Finding. Saul sou;-; resolution ,? ui ? i ?.LlOii,! 1 biiKj unreasonable ami lacking ir- uniformity, according to an opinion of the Court of Appeals of the District of Columbia, rendered todav U,3t>'1, };ol,'L'- Th,i appellate tribunal .mils that the resolution "not .? der,rived 'lie citizen of proporu without compensation, but its oper ation was not uniform or intended to d* uniform, for jt affected and was intended to affect in one way prop- I erty- already under lease and to affect in another way property not under lease. It also prevented the sale for business purposes of or.e class of property and permitted the sale of another class, the court points out. '1 is unreasonable, the court tinds. n-.cause 'its necessary result is the inking of private property without compensation." The resolution lacks uniformity, the court says, for the reason that it is not impartial within! ? class subject to its provisions. Constitution Protects l'eopie. The people of the District, of Co lumbia are protected by the Consti tution, says Justice Robb. notwith- i standing the plenary legislative power of Congress The Constitution is not 1 superseded by a declaration of war. I lie points out, and experience has demonstrated that ample, provision may be matte for the national secur ity and t^fense without overstep ping its limitations. "In the present ease, for example."! says Justice Robb. "by the exercise of j the power of eminent domain the government might have checked and 1 thwarted any tendency on the part : of landlords toward extortion and at the same time have satisfied the due process clause of the Constitution." Ju?tIce Stafford Affirmed. The opinion affirms a judgment ren- I dered December 20. ms. by Justice . >_affoi\l of the District Supreme Court, ?, awarding possession of premises 1S0S oftlmont road to Curtis C. McDonnell ! V,?> brougtit suit to evict Hannah T i Uil;soi>. Whc. occupi.Hi the property i when he purchase.! it in the preceding ' <i?'"' I .Si'ie ':uU'" for Possession at, of ta', tenant's ieasy. Justice Stafford awarded possession without ' Passing oil the constitutionality of the ! resolution. >? , Other justices of the lower court have j held opposing We^cm the constitu t.onaJity of th> e;mctmeuL Justice I ti e M ,'- " hTS?' whi!e chi*f ??"*" ? t' e McCoy upheld the resolution. ' ] Having j'n mind evidently the Bui' rlZ\ !;lTr- TVHk'V l? supersede the v'V.i i.au' u*>k-h >s to supercede the 1." oten^ays:UOn- JU,,U,-'e- Kobb i:l ''Whe'her the -business of renting' of 9?,umbia i:- far ? ffected with a public interest as to be subject to regulation bv Congress In the exercise of police power v e need not now determine. Certain it ;s however that suoli regulation must reasonable and operate with sub siantiai uniformity." Held I ncunMtitutional. rtee<?,?ri"d'?rl?J,!S ?P'nio" Justice Robb declares. VV hiie courts always are re dPcK?re. ;l '^v u "constitu tional and particularly when enacted to meet a supposed emergency, we are convinced that any temporarv embar rassment resulting from or incident to a.i adherence to the supreme law of the land is to be preferred to ttie! -ar-reaching effect of a departure' therefrom. The safeguards which the Constitution has thrown around the' <? itiscn to protect him in his person! ? nd property oug|t to be zealouslv guarded and observed. AV,- are cor ? strained, therefore to hold that the: fiona" " quest,on !s unconstitu ' Text or the Opinion. The text of the opinion follows In the Court of Appeals of the fii= i Columbia, Hannah T. Wilson Plaintiff, appellee here, under law rule iO of that court, in a landlord and Proceeding instituted in the Municipal Court. luc , ?i ,l? ll,e averments-of the declaration, plaintiff was a bona fide purchaser of the premises in question necessarily required them for his own occupancy, and had given legal notice ?to the tenant to that effect The d? fendant in her affidavit of defense denied that plaintiff necessarily tiuired the premises for his own oc cupancy, and demanded a jury trial. 0?n Ort-npanry Immaterial rt^hlTion^o'prevent re^'pr^t |r. the Distric^f^^U'^o^ rrt^;^4r,hen~ he necessarily required the- premiT for his own oocupancv " 385 i.^rde^larT^i?;;;^-,In security and defence, and for thi 'abtish r:rotermion f'f the narrto es". uablish governmental control ?Vi >ure adequate regulator 'of* rta1 e?" ate in the District if Columbia' it provided in the reaoliii,r,,, ,i. V until a treaty of peace shaU l ' been definitely concluded between ?he I nited States and Germany, 'no judi eial order, decree or judgment for thZ ecovery of possession of any reai cs .ate in the District of Columhif , or hereafter held or acqulr^by oral V.'on.i u"ro<-'ment or leas, tor one month or any longer period, or tor he ejectment or dispossession of ,t (. tenant then from, shall I.., ma?fe' -.nH s^long L?hth/l;t'r<",f,Hilil" ^"'linue ion?, da the tenant continues to ay rent at the agreed rate and ..er iorms the other conditions of the ten . ntcy h Inch are not inconsisten t herewith, unless the tenant has Com mitted waste or has been guilty on the premises of conduct which con stitutes a nuisance or a breach of the pe&ce. or other misdemeanor or crime or that the premises are necessarily required by a landlord or bona flde purchaser for occupation, either bv Mmself or his wife, children or de pendents while he is in the empfoy ? >f or officially connected with anv oranch of the government, or where Mte property I ns been sold to ;i bon -' Tde purchaser for his own occupancy Modification by Court. ?The resolution turlher provide* that wliet. -in order decree or judg ment lias iie-a niaut l.ui not ? xecj; tu efore the p,.Ksagt* of the resolution and the court is of opinion that it would not have been made had the resolution been in force, it shall be (Continued on Secon'i~l'at'e ) I I. W. W. BAND FORCED ! TO PLAY ANTHEM AND j AUDIENCE TO RISE DETROIT. Mich., Docemb^r 1. J ?On command by Police Com- ^ I missioner. Inches the large au ' j dience gathered here last ni^ht ? j for an I. W. \V. meeting stood | i ' during the enforced playing, by j j ; its band, of "The Star-Span ! i gfled Banner." The anthem \v;*s called for by American Region members, who had pre-empted ? tlie first ten rows in the hall, after the t-rowu had stood .?nd ehec-rcd for "The Marseilai*e" ; and a [Russian anihem. Four [ hundred pidi?.-en?en and -"-00 ! American %Legion members at- ? tended. * William T>. Haj'wood. forbid- j I J den by Inches, in a telegram to , Toledo last nif^ht, to address the i ! meeting, did no* come to l>c- ! i ; troit. I J _ j KANSAS TRAIN WITH MINERS AND GUARD ABOARD IS DERAILED I On Way to Pittsburg?No' One Hurt?Situation Elsewhere. By the Associated Prefs. ' PITTSBURGH. Kan., December 1.?A train with Kansas national guards | men ami volunteer coal strip pit v>ork ; crs, en route here. was derailed a! Humbolt last night. Reports indi [ cated that the train ran into an open switch. No one was reported injured. Wearing Artny uniforms, many of which bore insignia' of overseas divi I sions, the first contingent of the vol 1 unteer workers who :.re to dig coal in I tlie strip it mines/ of tin- Pittsburg Seld arrived here early todav. Under the Kansas plan the mines will be run through a receiVership created by the state supreme court. The volunteers and any union work ers who join them will be paid the regular waee scale, plus the 14 per cent increase. | .State officials are confident that by I the end of the week the output o? coal will be sufficient to meet the de mands in tlie state. Switch .May Him Been Throw n. I KANSAS CITY. December 1.?Re ports of the derailment of a troop train at Humboldt, Kan., received at the offices of the Atchison, Topeka a.id Santa Fo railroad here, indicat ed the possibility, officials said, of a switch being thrown as tile train was pas;;i>ig over it. The engine and first two cars of the special i.ad pas?ed the switch, reports said, and the next eight tsars were derailed. The last two cars of tho train did not leave tlie rails.. IVoald Operate l'ltnburgh lJiitrirt. PITTSBURGH. December 1.?Fbr the first time in more thap :? generation an attempt was mailt! today to oper ate as non-union the union coal mines in the Pittsburgh district, where 42.000 miners have teen idle. Tlie at tempt to resume operations was based on the 14 per cent iucreas.' in w?irA Officials of district. No. 5, Cnitod SSiije ?Workers, arc confident the experiment will fail, while operators- for the most part refrained from prophecies. Kanawha Mine* Still Closed. CHARLESTON. W. Va.. -December 1. ?Operation in the New River coal fields continued today while the mines-in the Kanawha district re mained closed. Operators said the miners in the latter d>ig.rict apparent ly had no intention of returning to work. W. T. Lewis, secretary of the' New River Coal Operators' Association, said today he was confident of tha mines in his field achieving a greater -tonnage record this week than that on last week, which averaged 80 per cent normal. Union leaders in the Kanawha dis trict hat! no statement to make re garding the situation in their terri tory, having adopted a "hands-off" at titude. Cleveland Steel Plant* Clone. CLEVELAXD, Ohio. December 1.? Shortage of coal closed dowji one steel mill here this morning and another steel company was forced to close down one plant. After having kept their mills in partial operation during the steel workers' strike, the Kmpire Rolling Mill Company was forced to shut down because of the lack of coal and the Union Rolling Mill Company shut down its iron mill, although con tinuing to operate its two rolling mills. West Further Restricts Use of Coal; Governors Want State Fuel Heads CHICAGO, December 1.?Further stringent regulations for conservation of fuel supplies, made necessary by the strike of bituminous coal miners, who have now been idle a month, were in effect Joday over virtually the entire country Between Ohio and the Rocky mountains and from Canada to ; the (Julf of Mexico. Regional fuel commitlecs took con trol of coal stocks in _ t?>?? and n6n-essential .indu;?trie~ >.jiii.nued to close down, while the hours for oper ating stores, theaters anjl office build ings were curtailed. In Kansas City, Mo., and Omaha and Lincoln, Neb., all ; schools were dlosed today. Governors Hold Parley. Governors of Illinois, Indiana, Iowa. ! Missouri and Tennessee, and a repre sentative of the Governor of Kansas, who met here yesterday, in response j to a call issued by Gov. Gardner of , Missouri, to discuss means for end , ing the threatened coal famine, recom ! mended to the federal government that a fuel administrator be appointed in | each state. It was al3o recommended ; that all coal mined and in stock be distributed equitably among the forty ; eight states on the basis of their : needs developed during tlie war, re Igardless of the state where mined. I The governors left for their homes I today after agreeing to convene again at St. Louis next Sunday. Miles C. : Riley, secretary of the conference, was i directed to go to Washington to lay tlie situation before the federal authorities. Switchmen End Strike. : . The calling off early today of the I strike of railway switchmen which be 1 gan at Kansas City Saturday, it was stated, would greatly relieve the situa tion confronting that city and some other parts of the southwest because of the fuel famine. After a meeting last ing most of the night the switchmen voted to declare off the strike and re turn to work. Bules Against Beer Sales. KANSAS CITY, Mo* December 1.? Federal Judge A. S. Van Valkenburgli today denied 'he application of the .V(uUileb.Tek Brewing Company and the Kansas City Food Products Com pany for a temporary injunction re straining the district attorney and the collector of internal revenue from in terfering with the salo-"of 2.75 per cent beer. j ( ill. S. NOTE ARRAIGNS MEXICO: INSISTS ON HNS' RELEASE Mr. Lansing Declines to Be ' Drawn Into Discussion of '?Irrelevant Matters." "MUST SHOW CAUSE" FOR ! CONSULAR AGENT ARREST "The Mexican Government," He Charges. '-Is Prosecuting Victim. Hot Perpetrators of Crime.0 ! ,:-v -Wiaied Press. I.I. I'ASO. Tfs? Uptriiibrr I.?An unverified report nan rurrrnl here today that William O. Jenkins, Amerlean consular agent at I'uebla. j ?lei., hart been liberated from jail. Andrew (>arria, roaxnl general ? <>r Mexico here, said he had beard the report, but no verification of the rumor had been re*>elved. l-'iplomatically expressing" the com plete ait-belief of the United States government in the varied excuses given by "Mexico for arrest and de tention in jail of Consular Agent Jen , Kins, Secretary Lansing, in his note replying to President Carranza's last communication, declares that this f government "declines to bo drawn into a judicial discussion of irrele i vant or unimportant matters." f The request for the immediate re lease of Consular Agent Jenkins, the I note said, "is founded on right and I justice." Put* llnrden tin Mexico. This government is not to be driven by "subtle arguments" into a defense | of its It-Quest, the note said. It is fo j iiiexico to show e:iuse for the detention | of Jenkins, not for the United States to : show cause for his liberation. j The note arraigned tiie conduct of ' the Mexican government in severe J terms, characterizing it as a studied i attempt.to ensnare the American con j sular agent in the intricacies of Mex I ican penal procedure. * Jenkins was imprisoned for "render ! ing false judicial testimony" in con nection with the abduction of which I he was the victim, said the note. "In whose interest is the charge of false ' swearing brounght against Jenkins?" j asks the not.-. "His abductors. The Mexican go\ernment is prosecuting the victim instead of the perpetrators of the crime." The reply of the American govern ment to the Mexican note follows in ! full: Mexico lift* I. .S. \otc. | "The Secretary of Slate has ad dressed a note to the Mexican gov j eminent. through the American i charge at Mexico City, renewing the i request of the government of the j United States for the immediate re > lease of William O. Jenkins, the | American consular agent at J'uebia, i M> xico, who was kidnaped at Puebla. ' subsequently released on payment of i ransom and then afrcsted, by the [Mexican authorities at PueMa. The note is an answer to that of last Wednesday from the Mexican foreign ; office. It is dated November 29. and undoubtedly was delivered this morn ing. I "The note directs the American , charee d'affaires. Mr. Summerlin, to communicate the following at onco 'to the Mexican government: "I have not failed to transmit to i my government the note of the Mexi j can government dated November'- 36. j 1919. with reference to the caee of i William O. Jenkins American consu j lar agent at I'uebla. and I am now UT j receipt of a reply from the govern ment of the United States, which I . am instructed immediately to trans mit to you. i "The governent of the United States | declines to be drawn into a Juridical l discussion of irrelevant maf'ers or unimportant incidents brought for i?ard connection with this case. , The Mexican government cannot be i misled, as it intimates, by the citation i b> the I. nited States of "no principle I or precedent of international law and not even a reason" for Jenkins"' re jlea.se; for obviously no such citation is necessary for the enlightenment of a government of the present day "The Mexican government believes &ncl rightlj so, that the American re - quest for Jenkins' release is not based on" "solely the strength of the country which makes it"; for it | knows the request is founded on the < justice of the right of an American I citizen and United States consular of j ticer to fair treatment while residing ; and discharging his duties within Mexican jurisdiction with the knowl : and appro\a.l of the Alexican i government. Argument* Called "Uxcawa.n I The Mexican government may con tend that the Imprisonment of the vietim is necessary for the investi gation by a judge under the "con stant vigilance of public opinion"' of the truth regarding his abduction, and that a right of release on bail is a , palliative for such wrongful impnis I onment. but the United States is con strained to the opinion that such ar guments are mere excuses. The gov ernment of the United States invites and desires the fullest possible exam ination and investigation of this case but it cannot admit that it is neces sary in order to ascertain the facts ; that Mr. Jenkins should be retained | in prison even with ?ho privilego of ? applying for bail. My government , will not. and is satisfied that Mr I Jenkins will not. pla-e-c any obstacle in the way of a complete and full examination of himself or his wit nesses, or of the events leading up to and connected with his abduction. The Mexican government prefers to at tribute the American note to an im perfect knowledge of the Mexican penal laws and proceeds to explain | with refinement the intricacies of j Mexican penal proceedings. But the j government of the United States fails to discern in their application to this i case at the hands of Mexican authorl ! ties any approximation to impartial ' treatment of Jenkins, and the Mexi ; can government knows the absence of j such treatment is the reason for the | American request. "The Mexican government maintains that it cannot grant the request of i the United States for Jenkins' release for the reason that under internation al law no diplomatic intervention is appropriate unless a denial of justice has occurred and because the Mexican government is not in a position to de mand Jenkins' release, in view of the separation of the executive and Ju dicial powers under the Mexican form of government and the independence ; of the state courts, by one of which Jenkins is seld. The succinct answer i to this contention is, as every one knows, that a denial of justice has already taken place, and also because ! the Mexican constitution specifically gives the federal tribunals jurisdic tion of 'all cases concerning diplo matic agonvs and consular officers.' I ? S. Will Xot Oefend Request* ! "The United States is not to he driven by such subtle arguments into a defense of its request for the release tof Mr. Jenkins. It is for Mexico to , - (Continued on Second Page.'} COMMISSIONERS FAVOR REPEAL OF LAW WHICH LIMITS D. C. ESTIMATES ! Say Actual Needs Cannot Be Presented to Congress Under Limitation of ^ Twice Estimated Revenue. ANNUAL REPORT, ISSUED TODAY, ASKS IMPORTANT LEGISLATION Emphasis Laid on Immediate Necessity for Greater Water Supply. More Schools Required and Four Bridges Said to Have Outlived Usefulness. Repeal of the law which provides that the estimates of ex penses for the District government for a year shall not exceed twice the estimated revenues; of the city for-that year is asked by the Commissioners in their annual report laid before Congress today. The Commissioners tell Congress that because of this limita tion they have not been able to ask for the actual needs of the National Capital, but have included in the estimates only those items which seem imperative. A number of questions of vital interest to the city as a whole are brought to the attention of the House and Senate. Emphasis is laid upon the need for immediately increasing the city's water supply. In this connection the Commissioners recommend carrying out the project to construct an additional conduit to the city from the\Patuxent river. The crowded situation existing in the public schools as a re sult of the increase in population is outlined, and a request made that more permanent school buildings be erected as rapidly as possible. Four bridges, the Commissioners tell Congress, have outlived their usefulness and should be replaced. Those mentioned are the Calvert street bridge over Rock creek. Pennsylvania Avenue bridge over the Eastern branch. Chain bridge across the Potomac land the bridge which carries Connecticut avenue across Klingle ;road. i * ? Petition for llepeal. ; to determine the relative importance In asking 'or repeal of the re.stric- ?f :i" projects which the Connnis lion placed on the amount of the an- rteeni advisable to submit, nual estimates of the District, the , 1 , Pr('scnt legislation in force, i Commissioners set forth the petition muc" more can be efctimated for 1 as follows: L1]"". fs necessary for maintenance. "By a provision contained In the l^iVUSiJ"hrn1,Jil,JP?rta,I?t ')ro-ieots can District of Columbia appropriation act pon?res,,, ugrlit to the attention of for the fiscal year 1910. the Commls- ? sioners are prohibited from submit ting to Congress estimates for the expenses of the government of the ! District of Columbia which shall ex I cecd in aggregate an amount double the total estimated revenues for the | year in which such estimates are sub j initted. "When the Commissioners were pre I paring their estimates to Congress for ? (he ensuing fiscal year, they made ma terial reductions in the estimates sub ' mlttcd to them, and they also made i no estimates lor increases In salaries ! because that matter was being consid 1 ered by the joint commission on re I clJssilication of salaries. When th<? j total of these reduced estimates was I found to be. $22,865,676.03/ because of the limitation of the law above refer red to, it was necessary further to re duce them to $18,242,006.03. These es Sum Ip Nerda of D. C. Jn the introduction of the report the Commissioners sum up the present needs of Washington in the ^flow ing words: r.3hie . ?,ias affectcd the j District of Columbia in two wavs each of which demands an acceler ated program of municipal improve ment; it lias largely and Permanently increased the population, although 111 what precise degree cannot yet he determined, and it has necessarily j halted the orderly and regular devel opment which would have gone on if j there had been no war. In common with all other sections of the country the District also is affected by the increase in costs of material and la bor, so that it requires a greater number of dollars to do a given v.*.?, . . ,, . . . .. , amount of work. fimates. therefore, fell short of the; ^ actual needs of the District by the i So that, with a greater population sum of $4,623,670. At the same time thal? ever before and with practically there is a surplus of District revenues no increase in facilities and with a aii chirires arising under appro- deferred maintenance of serious pro < ov,' il af the closeofthe lfiscal year Portions affecting almost all physical ' ^ Tune 30 1919 of $4 063 92*' 18 Plants of the municipal government, ! end,?d of ^cumulations'byfiscal the district needs are more various. , made up or ' accum - J .more extensive and more imperative, years as ioiows. ; perhaps, than they ever have been. ? , imitd? I "Because of the limitations of law I Juno*30 1S16 $l,380.21H.*i i>laced upon them the Commissioners I juno ao! I?l7 673,738.77 in their annual estimates have not June 30, 1918 1,226,782.9# been able to present to Congress the June 30, 1918 783.236.72 actual requirements of the city gov . eminent, but have 'presented only ToUl those matters that seemed to them to , ' be most important or most pressing. Seen aa Handicapping. J "The salary schedule for officers "Were it not for the limitation on and employers of the District should the preparation of estimates above be revised to provide adequate corn referred to the Commissioners could pensation commensurate with the im have submitted not only the total portance of the duties performe and of the estimates which they had origi- jn accordance with the greatly in ! nally approved but could have given creased cost of living. consideration to other needs which I | were not estimated for but for which | More Water Needed. provision should be made, such as j "There is a mbst urgent necessity additional school buildings the rebuild- for the immediate provision of an in ing of necessary bridges, the acquisi- creaae in the water supply, the dc , tion of park areas and playgrounds, mantis upon the system having ex l and many other mutters of great im- i ceeded its safe capacity for the last j portance. I two summers so that water consump "They have, therefore, recommended , tion had. to be restricted. j In their estimates, submitted to Con- I "The school system requires new gress for the ensuing fiscal year, that buildings and an increased staff of ! this legislation be repealed. If, this teachers in order that every child may 1* done, the needs of the District can have a full time school day and that be properly presented each year and I Congress can then be in a/position (Continued on Tenth'Page.) REGULAR SESSION 12 O'CLOGKTODftV Senate Expects to Receive President's Message To morrow at Noon. The Sixty-sixth Congress met today ;in its first regular session, which was expected to continue until just,before the presidential elecLion next fall. There was a large attendance both In the Senate and House when the gavels of Vice President Marshall and Speaker Gillett fell promptly at noon, i In accordance with an agreement t reached between' republican and ? democratic leaders before the session' i opened, the usual formality of ap 1 potntlkg a committee to notify the ' President that' Congress was in ses ; sion was dispensed with because of tile President's illness. A formal com munication of notification was draft ed and dispatched instead. 55 In Senate, 300 fa Hour, Present. Fifty-five senators answered to their names, while approximately 300 mem bers of the House were present. After a session lastinjg^twenty-three minutes the Senate bjfa vote of 44 to' 13 adopted a motion by Senator Lodge that the Senate adjourn until noon to morrow, when the annual message of the President is expected to be re ceived. Honsr Proceeds to Buninei?. The House proceeded to business after disposing of the usual formali ties of appointing committees to notify the President and the Senate that it was in session. As the commit tee to, draft the note to the President Speaker Gillett named Representa tive Mondell (Wyo.), the republican leader; Representative Goode, repub lican (Towaj. and Representative Kitchin. democrat (N C.). Calling of the roll consumed more than half an hour, but later the House attacked the unanimous consent cal endar with a view to disposing of a number of relatively unimportant matters to which no objection had been raised. No bills or resolutions were offered in the Sc-nate today, and House at taches said the grist there probably j was the smallest ever produced on I the opening day of a regular session l of Congress. The small number was i accountcd for by \the fact that less I than two weeks had elapsed since Congress was In session. PRESIDENT'S MESSAGE PUT IN PRINTER'S HANDS President Wilson's message to Con gress was placed in the hands of the public printed this afternoon and will be sent to the Capitol from the White House shortly after noon tomorrow. The message, it is understood, con tains about i.,000 words. The President made the first draft of his message while sitting in his wheel chair, putting the notes down in shorthand. After re\ising the para graphs. he dic-tated the message to one of his confidential stenographers. William Tyler Page, clerk of the House, and George A. Sanderson, sec retary of the Senate, called at the White House this afternoon to deliver President Wilson a written notifica tion that Congress was in session and ready to receive any communication from him. They did not see the Presi dent, the message being carried to his bedside by Secretary Tumulty. PRESIDENT BETTER THAN i AT ANY TIME SINCE ILL! i President Wilson was described to- | day by White House officials as be- 1 I Ing stronger and in better condition ! generally than lie has been at any ; time since ho was taken ill on his western tour several months ago. There still was no information as to his message to Congress other than that it would be transmitted at noon tomorroW. Heretofore the President has written his messages on the type writer. but it was understood that be cause of his illness he had found it necessary to dictate to a stenographer. No successor to Carter Glass as Sec retary of the Treasury has been de cided upon by the President, it was said, but appointment of a Secretary of Commerce, vice William C. Ked iield, probably will be made within a few days. Jlr Glass hopes to contlnuo in of fice as Secretary of the Treasury until December 15. so as to complete a full year of service, but a situation may arise in the Senate .which will make it necessary for him to take his seat there as successor to" th* late Senator Thomas S. Martin before that time. D. C. NEEDS $19,179,716 i FOR NEXT FISCAL YEAR, CONGRESS IS ADVISED SUM TO RUN U. S. DURING 1921 IS PUT AT FIVE BILLIONS I . Secretary Glass Proposes j Record Appropriation for Peace-Time Activities. Tin- record billion-dollar Congresses of ordinary peace time faued into the Ilh.st today when Secretary Glass, pre , tenting the annual estimates, proposed appropriations of practically $5,000, 000.000 for conducting the peace-time activities of the government durjng the fiscal y.ear 1921. \ According to these figures, it will cost [more than five limes as much to xon I duct the peace-tiiwe affairs of govern ! inent as it did in the year immediately j preceding the world war. to Army and >??>. The greatest individual estimates 1 for expenditure?, of course, go to the Army and the Navy. The yearly in j terest on the war debt, however, is i 31,017,500,00", which sum alone is I greater than all the appropriations for jail purposes whatsoever of any pcace i time Congress. All in ail, the estimates justify th> i predictions made on the floor of Con gress. during consideration of the ? war tax bills, that the present gen 1 eration would not See the govern ment conducted at an expense of less ! than ?4,000,000,000 a year. KNlirantm for Department*. j The estimated appropriations for the principal government departments were presented as follows: legislative (Congress), $9,025,297.25. Executive 'White House and gov j ernment departments), ?1 !;'.111.4?C.77. Judicial. SI.634,190. Army, 39-S9.578,657.20. j Navy. $542,031.S04.S<?. j Pensions. <215,030.000. Public works, $283,J21.S10.17. Miscellaneous, 3833.717.Sr,7.96. Foreign intercourse. $11,243,250.91. Tlffi total of all estimates, including soms comparatively minor items not ? included in the foregoing, is $4,865, 410,031.62, the greatest sum ever asked of any Congress when the country j was not actually at war. *x.'?tCM)0,000 for National Guard. The billion dollar estimate for the Army includes some $S5.000,000 for the National Guard. The normal peace tjme estimate for the Army before the war was between ten and fifteen millions. The *">?2,000,00fl ' estimate for the Navy includes provi sion for the program of Increase and i is comparable to an annual estimate of some fifteen millions before the war. The 3285.000,000 public workt estimate includes the Panama canal, reclamation projects, river and lsarbor impr6vement. public buildings, and I also military works, arsenals and I fortifications. j An item of more than *391,000,000 for ! postal services is reimbursable from j postal revenues. j The estimates for miscellaneous ex | penditures contain some tremendous sums. For the Treasury Department ! mose than 3217,000.000 i.s asked, which goes largely to the enforcement of prohibition and the collection of in come. corporation and excess profits taxes. For the Shipping Board nearly i 3448,000,000 i.s asked to wind up its program of restoring the American , flag to the seas. Nearly $40,000,000 is isked for the Federal Board for Vo cational Education, which besides , being expended in co-operation with j the states for civilian education, as I the law provides, will be used in large i measure for the reconstruction of dis j abled soldiers of the world war. Slaking Fund A*ked. One item which has appeared per ennially in estimates without ever i becoming an actuality appears again i this year with promise of being taken seriously. It is an estimate of $2X7. 500.000 toward a sinking fund which ?ultimately is to retire the public debt. : which includes some thirty billions spent on the war. i With annual interest payments on this debt, now exceeding" a billion dollars, and alone surpassing the to tal sum which the government lias hitherto spent in a year for all pur 1 poses in peace times, the Treasury experts hope to convince Congress ; that some real provision for paying* : off the huge sum must be made HIGHER COURT UPHOLDS APPEAL BY TUCKERMAN ; The District Court of Appeals, in ian | opinion by air. Justico Van Orsdel, I today reversed a decree of the Dis trict Supreme Court dismissing a suit in equity brought by Wolcott Tucker man againft William A. Mearns and I others in an attempt lo hold Mearns I responsible for certain transactions I of the defunf? brokerage firm of Lewis | Johnson & Co., of which Mearns had ? once been a member. I / The apellate court agrees with the I lower tribunal that the .suit could not I be maintained in equity, but says it ' should have been certified to the law side of the court, for determination in ! stead of being dismissed. - | SOUTH DAKOTA LEADERS FOR WOOD AND WILSON I PIERRE, S. D., December 1.?Go*. Peter Norbeck and W. H. King, chair 1 man of the state central committee, leader of the republican party in South Dakota, announced at noon to day that they indorsed Maj. Gen. Leonard Wood as republican candi date for President and declared that. Wood would be indorsed by the state convention tomorrow. Democratic leaders announced that their state convention tomorrow will indorse President Wilson for a third term if he is willing to be a candi date. Some of the democratic dele gates pointed out that this will leave the delegates free to make a further indorsement if necessary at the March | convention. Senator Poindexter today chRrged that republican leaders of South Dakota were assembling to conduct their state con (vqption tomorrow under gag law tactics, which would prevent him from obtain in a fair bearing. He arranged to address a public meeting at a local theater late today. Visit Regarded as "Most Unusual." SANTIAGO, Chile. November SO.? There was some comment in official ciroles today over advices received from Lima, Peru, that the now Amer ican consul for Tacna and Arica, at Iquiquc, Peru, has visited the Peru vian foreign office. The visit is con sidered a most unusual proceeding. Figures Submits Include Water/ Service. ! LOCAL REVENUES NET $9,934^450 Available Ujfcfer 50-50 Plan After Relief Funds Deducted. i Estimated appropriations for the District of Columbia for the fiscal year ending Juii 1921. submitted to Congress tou/ky amount to $19.17?. 716.63. including the water service These esti/iates eicrcd tho appro priation fojrthe present fiscal year b> sICTS&TSjyR! Of the total, $18,212, / 006.03 is chargeable to the general rc\ L enues and $937,7-10 is chargable to the revenues of the water department. Permanent annual appropriation tor tlie District of Columbia amounting to si. 105.600 also Is estimated for I bringing the total for the District of i Columbia for general expenses and permanent appropriation up to I 2.S5.316.63. Eitlaatf* U. C. Il'vr.uf.. i Tho District Commissioners sub I initi-d also :ni estimate of the reyenuj of the District derived from taxes. I licenses. etc., sttowing a total essti j mated revenue of $10,129,450. the ne ?revenues available, however, to be used under the half-and-half Plan JinaneuiK the District are Igured at $9,934,450. after tiie junount rf quired for the policenieVi and firemen s relic, fund has been deducted. The estimates submitted by the Dis trict Commissioners for general ex penses cover, therefore, nearly all or tho expected revenues, plus an eauj amount to be contributed by the fed I era! government for the upkeep of tn ' National Capital. Kaada Otherwise Kipeetrf. The District Commissioners, as showi in a letter of transmittal, point oui that estimated amounts chargeable to the general expeusos of thfe District SIS 242.00ti.03. do not include the fol lowing estimates of appropriation*, which may be carried in oilier bill ! than the District bill. ?,?nnnn' ! National Zoological Park. Jl.O.OOO. i burial of indigent soldiers. $2,000; Im ? urovemeut and care of public groundJ" including Rock Creek Park. $...j,100 lighting public grounds. S30.000; con necting parkway between Hock 1 rep* and Potomac Park. $200,000; new bridge to replace the Aqueduct bridg?> (Key bridge). $2?0,000; salaries and expenses. Court of Appeal*. $40 910. salaries. Supreme Court of the Distric of Columbia. $47.000; Columbia Hospi tal for Women u+m! Dylng-ln Asylum. $15,000; total. $1,029,910. Some Wholly Loral Items. Provision has also been made by tin Commissioners in the general revenue fund for the fiscal year 1921 for the following items which are chargeable wholly to the revenues of the District, namely: Extensions, etc.. of streets ana ave nues. $50,000; refunding taxes, etc. $10,000; salaries of employes, pubr? buildings and grounds (carried in leg islative, executive and judicial bill). I $40,000; salaries, playgrounds, Stil.12". maintenance, etc.. playgrounds. ?99.86i>. minimum wage board, ?7,4io; total. $298,455. \o Salary R*Im Estimates. The District Commissioners made i ? ? increases in the estimates for salaries although they recommended the ap- V pointnient of a nurfiber of additional emploves. Tlic estimates for the sal aries of the policemen and firemen were made without regard to the in I creaseS proposed for thrm by the bill now pending in Congress. Among the principal increases arr those: for street improvements, col 1 Ored schools, public playgrounds, foi i the. support of indigent insane in Si Elizabeth's Hospital and for continu ing the reclamation ainjrdevelopmen. of Anacostia Park. Among the new items submitted if $"5 tiOu to complete the construction l of the wharf on land owned by the i United States lying south of \Sate' I Street between M and -V streets soulh ? west. l'"or repairs of streets, avenue? land alleys $650 000 Is askert. an ln ' crease of $150,000. | For repairs to suburban roads *300, ! 00O is asked, an increase of $100,000 Estimate* tor Streets. The following street improvements are estimated for: Northwest?For grading Connecticut avenue. Pierce Mill road to Chapel road, ! 60 feet wide, $39,000. Northwest?For rtfpaving the gran IL avenue. Chapel road to Chevy Chase circle, 60 feet wide, $136,000. Northwest?For paving the granit block roadway of 14tli street west fron> C street north to B street south, ?0 and 70 feet wide, $34,000. Northwest?For reconstructing canal wall. $45,000. Southwest?For repaying the granite block roadwa'y of the eael side of 14th street. D street to Water street. ,<0 feet wide. $3,500. Southeast?For paving Nichols avenue Sheridan road to entrance to St. Eliz abeth's Hospital. <5 and e0 feet wide. ^Northwest For paving JefTerson ?treet, M Street to K street, 30 and 31 feet wide. $15,000. Southeast?For paving Massachusetts avenue, lltfi slrcet to 15th street, 40 fc^t wide, $6,800. Southeast?For repaying the graniti block roadway of G street, 8th street to 9th street. 35 feet wide. $3.0o0. Northwest?For repaving 15th street. II street to 1 street. 60 feet wide. $13,000 Northwest?FoKr paving Cirard street. east, of 15th street. 30 feet wide,' $3,400 Southeast?For repaving the granite block roadway of lltli street. Potomac avenue to Anacostia bridge. 50 feel wid. . $32,000. Northwest?Kor paving New Hamp shire avenue. I street to 27th street, 1 two 20-foot roadways and a 10-fooi _ i center parking. $40,000. Northwest?For repaving the granite block roadway of D street, 6th strtet to 7 th street. 3S feet wide, $10,000. Northwest?F6r pacing McKlnley street, 39th street to Belt road, 30 fee' wide. $8,500. Southeast?For paving Potomac ave nue. 11th street to 13th street, 10 feet wide, $20,000. Northwest?For paving Marrir-or street, 3#th street to Belt road, 30 feet wide, $11,500. Northwest?For repaving the granite block roadway of Georgia avenue. Co lumbia, road north to present asphaf pavement, present widlh, $11,500. N Northeast?For paving 14th street, T street to G street. 30 feet wide. $15,00f' Northwest?For paving 19th street E street to New York avenue. 40 jfeet wide, $4,500. ^ Northwe*t?For repaving the road way of 24th street, K street to Vir ginia avenus, II fect.wide. Ill.Ni Northeast?For paring Ames place f