Evening star. [volume], June 02, 1920, Image 1

About Evening star. [volume] (Washington, D.C.) 1854-1972

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WEATHER.
Partly cloudy tonight and tomor
row. probably showers; somewhat
lower temperature tomorrow.
Temperature for twenty-four hours
ended 2 P-m today: Highest, 86. at 3:10
p m yeeterday: lowest, ?G. at 5:30 a_m.
todav. The full report on page 19.
?oring New York Stocks, Page 24.
Member of the Associated Press
Tbe Associated Press is exclusively entitled to
tbe om for republication of *11 Ofws dispstcbos
credited to it or mot otherwise credited in this
paper and also the local news published herein.
All rights of pablicstion of special
dispatches herein are also reserved.
Yesterday's Net Circulation, 92,145
No. 27,796.
WASHINGTON, D. C., WEDNESDAY, JUNE 2, 1920-THIRTY-TWO PAGES.
*
TWO CENTS.
RENT COMMISSION LAW
UNCONSTITUTIONAL, SAYS
D. C. COURT OF APPEALS
Right of Congress to Dictate Handling of
Private Property Denied in Majority
Opinion.
LIBERTY OF CONTRACT BARRED,
AND TRIAL RIGHT DENIED, CLAIM
Held People of District Cannot Be Deprived of U. S. Guarantees.
Ball Act Held Similar to Invalidated Saolsbnry
Legislation.
The Ball rent law is unconstitutional the District Court of
Appeals held today in an opinion by Justice Van Orsdel in which
Justice Robb concurred. Chief Justice Smyth dissented.
The majority opinion holds that the renting of property in the
District of Columbia is a private business and cajmot be made
public or "impressed with a public interest" merely by legislative
fiat. Though Congress may have had power in the exercise of
eminent domain as a war emergency to take over rental property
in the District of Columbia to devote to the public use of accom
modating its employes and officials, it has not power to take the
private property of one individual and turn it over to the use of
another individual.
The court finds that the act denies the right of trial by jury
and compels a person to continue to rent property which he seeks
no longer to do. It also prevents the liberty of contract guaran
teed bv the Constitution, the court suggests.
Refer* to Old Decision.
The court refers to its decision in
validating the Saulsbury law. and
says the Ball act is similar. Justice
Van Orsdel repeats the statement
made in the Saulsbury decision that
the provisions of the Constitution
?which protect persons and property
are uniform in their operations
throughout the United States, and that
the people of this District "cannot t>e
lawfully deprived of the benefit of any
"f the constitutional guarantees ot
life, liberty and property."
In disposing of the contention that j
the owner should first have applied
tn the rent commission and then ap
pealed to the courts for relief if un
successful. Justice Van Orsdel said
?plaintiff would then be in a poor
position after invoking the jurisdic
tion of the rent commission to attack
the validity of the act."
Disseatia* OfiaMa.
In dissenting Chlet Justice Smyth
upheld the right ?f CoMMyftrefn
late rentals because ?FWnrWOWHW
nary conditio** existing in Washing
ton. The determination of the legis
lature that rentsi property WSS im
pressed with a public interest is en*
titled to respect and shoul^not be
V.rushed aside except upon copcluslye
j.roof that it has no basis on which to
r The chief justice also urged that the
whole law should not be invalid
because portions might be considered
unconstitutional. , .
The decisions were rendered in tne
case of Louis Hirsh. who sought to
recover possession of an * street
More, and in the mandamus proceeding
of Mrs. Sarah E. McCathran to compel
the Municipal Court to hear and de
termine her suit for Posse^n with
out recourse to the rent commission.
In the course of the majority opin
ion the court said:
"The right of plaintiff to question
the constitutionality of the act in this
proceeding is assailed. It is "rged
? hat he should have pursued the rem
rdv prescribed in the act, and. if un
successful. appeal. But plaintiff would
t-c in poor position to question the
?jurisdiction which he had himself in
voked merely because of an adverse
decision. If he should invoke the aid
i f th<- statute and suffer defeat before
the commission, ho would estop him
s.lf to seek further relief on the
urour.d of the unconstitutionality of
the act. He would not be permitted to
thus experiment with the law.
Present Act Is Sole Defenae.
"The sole defense interposed is the
present act. If it is valid the defense
is complete, since the thirty-day no
tice required by the act was not given,
and the proceedings could only be
had before the commission. If the
act is void it furnishes no defense,
since, under existing law, at the ex
p ration of a time lease no notice is
required, and the proceedings to ac
quire possession must be brought,
as in this case, in the Municipal Court
? ' th#4 District. An unconstitutional
*ct is not a law; it confers 'no rights;
it imposes no duties; it* affords no
t roteciion; it creates no office; it is, in
It ga! contemplation, as inoperative as
1 rough it had never been passed. Nor
ton vs. Shelby County. 118 L. fa
?>!-'.
"Corr.mg to the validity of the act.
we have, held in the recent case of
TVillson agt. McDonnell, considering
an act of Congress similar to the one
before us. that the provisions of the
.'onstitution which protect persons
and property are uniforrn in their
operation throughout the United
Mtates. In this respect there is no
distinction between the District <?!
Columbia and the states of theLnion.
"t-hert is nothing in the history of the
t onstitution or of the original amend- ]
i. ? nts to justify the assertion that the
j. ..pie of this District may be law
' jllv deprived of the benefit of any of
"constitutional guarantees of life,
i ? rtv aiifl property. Callan agt. Wi.
It* n. 1-T L*. S.. 540, 550.
la Property Right.
But w hat are the rights of which
paintiff has been divested if the pres
. nt act is held to constitute a valid
?j'fense. to his action for possession?
J-iamtiff had a vested estate and re
?version in fee in the property in ques
tion to come into possession on Janu
ary 1. 15-0. Defendant's right of poe
session terminated on December 31.
1319 by the express terms of his
lease, a contract valid and existing
when this act was passed. This right
of reversion is a property right, of
?which plaintiff cannot be divested ex
cept by due process of law.
Gives Defendant Option.
?The act gives defendant the option
of retaining possession of the prop
erty at the rental fixed in the lease,
v inch is continued in force; or. if dis
satisfied, he may apply to the coin
mission for a reduction of the rent
If reduced by the commission. plain
tiff is powerless to have a review of
t ie fans upon which the action of the
commission is based. Not only is
plaintiff denied any remedy for this
continued detention of his property,
h.ut he is forbidden to sell his prop
erty except subject to and burdened
by the option of the tenant. It would
seem, therefore, that if ths property
clauses of the Constitution are longer
to have any restraining power over
fanpoM, tb* esse hert presented is
i
one within the inhibition of the fifth
amendment.
"Nor does this amount to the tax
ing of private property for public use.
Plaintiff and defendant are private
citizens engaged in private business.
If the government needed the use ot
this property for the better conduct
of the war. it had a remedy, plain and
adequate, by the exercise of the pow
er of eminent domain.
rites Illinois Case.
"The power to fix rental rates be
tween private individuals is not anal
ogous to nor controlled by the de
cisions which have upheld the power
of the legislature to fix rates for
service where the owner has devoted
the business affected to a public use.
In Munn vs. Illinois the owner of the
grain elevator had for years devoted
it to a public use in handling grain
for the publio generally. The court,
upholding the power of the legisla
ture of Illinois to fix rates for the
service thus rendered th? publio, ?n
nounced the rule authorisinfif tills
exercise of le*t?lattv?. pj**rr as U?\
lows: "To limit the rate ?f Charge
for services rendered in a public em
ployment, or for the use of property
in which the public hM an interest,
is only changing a regulation.
"In no case where the legislative
power to regulate and fix rates has
been upheld has the power to continue
existing contracts in force after the
time fixed by the parties fdr their
termination, or to require the owner
of the property to continue the busi
ness. been sustained.
? "But in the present case, the land
lord is not only prevented from going ;
out of the renting business, but is re
quired to continue it upon the terms
fixed by the act.
Is Private Business.
"The renting of property in the Dis
trict of Columbia is a private busi
ness, whether the tenant be an em
ploye of the government or not. A
private business cannot be made pub
lic or impressed with a public inter
est merely by legislative fiat. A pub
lic interest cannot be thus created, or
property rights be divested, by an ar
bitrary exercise of the police power. (
In both instances, the power resides
in the judiciary to restrain the law
making power within constitutional ;
limitations.
?'Congress cannot, oy & mere legis
lative declaration, convert a private
use into a public use; nor, by such a
declaration, create an arbitrary exer
cise of the police power, or make an
act constitutional which otherwise
would be unconstitutional.
Powerless to Question Decision.
"Undoubtedly, in the exercise of the
power of eminent domain. Congress
has the power to designate the public
use for which private property may
be taken, and, if found by the courts
to be. in fact, a public use, the courts
are th'en powerless to question the
wisdom of the legislative decision.
"The adjudicated cases likewise ee
tablish the proposition that while the
courts have power .to determine
whether the use for which private
property is authorized by the legisla
ture to be taken is in fact a public
use. yet, if this question is decided in
the affirmative the judicial function is
exhausted: that the extent to which
such property shall be taken for such
use rests wholly in the legislative dis
cretion. subject only to the restraint
that just compensation must be made.
"And the courts are not estopped by
any legislative declaration from in
quiring into the nature of the use to
determine whether it is, in fact, pub
lic or private."
D. C. Rent Commission
Will Continue Until
Appeal Has Been Decided
Capt. James F. Oyster, chairman of
the District r^nt commission, and A.
[ Leftwich Sinclair, member of the com
j mission, when apprised of the opinion
1 of the District Court of Appeals to
1 day. declared the rent commission will
continue to function until the Supreme
Court of the United States has passed
on the constitutionality of the Ball
rent act.
Commissioner Sinclair said the case
of Hirsch against Lock, on which the I
opinion of the Court of Appeals was
based, undoubtedly would be taken to
the Supreme Court. Counsel for the
appellee in the case, he said, had
definitely announced a determination
to have the highest court of the coun
try pass on the constitutionality of
ithe Ball rent act. under which the
: rent commission was created and is
I functioning.
i Chairman Oyster was noncommittal
'merely expressing interest and slight
(surprise at the announcement of the
: Court of Appeals' action. He stated
i that so far the rent commission has
> received more than 1.300 petitions and
complaints, and that it has decided
and settled more than 500 cases.
"The rent commission will continue
to function until we receive orders to
stop," said Chairman Oyster, "and we
are busier at this time than we have
been since the rent commission was
organized and began its wark."
ORDERS BILL TO REPEAL
WAR EMERGENCY LAWS
By unanimous vote the House judi
ciary committee today ordered out a
resolution repealing ail war-time
emergency legislation excepting the
Lever food control act, the trading
with the enemy act and the District
of Columbia rent measure.
Chairman Volstead told the commit
tee that he would attempt to have the
House adopt the resolution before ad
journment Saturday. House action, he
said, would be attempted under sus
pension of the rules, which would
permit only forty minutes of debate.
Disagreement on 50-50 Prin
ciple Blocks Action as Ad
journment Nears.
CHAIRMAN DAVIS MAY ASK
| EXTENDING RESOLUTION
Measure Would Prove Disastrous,
Is Belief; Commissioner Brown
low Benews Efforts.
Eleventh-hour efforts are being
made at the Capitol today to get the
fiscal affairs of the District in shape
before the adjournment of Congress.
The House and Senate conferees
having reached a disagreement yes
terday over the question of abolition
of the half-and-half principle as con
tained in the District appropriation
bill, this disagreement was reported
to both houses. It was accepted by
the Senate late yesterday, and will be
brought up for action in the House
late today. Immediately following ac
tion in the House upon this report of
disagreement. Chairman Davis of the
subcommittee of the House on Dis
trict appropriations intends to intro
duce a continuing resolution, which
would make the current appropria
tions available for the next fiscal year
A continuing resolution, it is be
lieved by many members of Congress
and by District officials, would be
disastrous at this time because the
current appropriations are entirely
insufficient to meet the demands for
Cet. "/Pairs, for the enlargement of
school facilities and for increases in
salaries which must be made to meet
the high cost of living if an efficient
service in the District is to be main
tamed.
Commissioner Brownlow was at the
Capitol today in conference with
Chairman Curtis of the Senate con
ferees. Chairman Warren of the Ap
propriations committee of the Senate
X^?fer Moadell, Chairman
Good of the House appropriations
commit tea and other leader*. OMn
missioner Browrilow and , leader?"Mn
reached on the District appropriation
bill which will allow the much needed
increased appropriations.
Road Repair Food Sought.
Commissioner Brownlow also is en
deavoring to have included in the'
4!jir??^j!?cieney bin an appropriation
of $20,000 for repairs on suburban
roads which was not included in the
report of the House appropriations
committee.
House conferees on the District ap
propriation bill feel that they have
made their last overtures to the Sen
ate conferees. but are ready to go into
conference again. The House conferees
yesterday made two proposals as a
temporary solution, either one of
which would stand for but one year
during which the question of abolish
ing the half-and-half principle of
financing the National Capital, as con
tained in a separate legislative meas
ure, could be disposed of.
These two proposals were, first to
make it a 60-40 division of payment
between the District and the federal 1
government, the District to pav 60
per cent and the tax rate in the Dis
trict to be changed from IV. to 2 per '
cent. Second, to leave the tax rate as
it is and to make the division of pay
ments two to one. the District paying
66 2-3 per cent and the federal gov
ernment 33 1-3 per cent. Under this
proposal the deficit in the amount be
tween that raised by the District taxes
and the two-thirds of expenditures
would be paid out of the surplus fund
of approximately *4.000.000 which now
lies in the federal Treasury to the
credit of the District
Tax Rate Split Conference.
The Senate conferees declined the
first proposition on the ground that
it would not consider any change in
the tax rate. The Senate conferees
were agreeable to a sixty-fort?- divi
sion. with a 1% per cent tax rate as
at present, the deficit to be taken care
of out of the surplus to the credit
of the District in the national Treas
ury. The Senate conferees are of the
opinion if they agreed even tempo
rarily to fixing the proportion at two
to one it would establish a precedent
upon which a permanent fixing of the
proposition would bo based. The Sen
ate conferees are averse to any
change in the tax rate at present,
feeling that a disturbance of the
fifty-fifty proportion is enough trou
ble at one time.
.^e House conferees point out that
with the District appropriation bill
carnring more than J18,000.000, and
with other large appropriations for
the District In other measures the
total appropriation for the District
during the next fiscal year will be
approximately $20,000,000 and the
share of the District under the exist
ing tax rate will be between nine and
ten millions.
The House conferees believe that the -
District should be forced to pay more '
of the expense of the national govern- I
ment, but are willing temporarily to |
have any deficit made up from the funds
now held in the Treasury to the credit of
the District. The House conferees ex
press themselves as feeling extremely
liberal toward the District, especially in
regards to the building of new schools.
Wait for Home Conferees.
TTia Senate conferees on the Manes
bill, which proposes to abolish the half
and-half principle, as a distinct legisla
tive proposition, said today that they
are waiting some suggestion from the
House conferees as to when a conference
should be held. Chainman Mapes of the
House conferees said that the House
conferees are willing to go into confer
ence at any time. In order that action
may not be delayed, he will have an I
informal conference this afternoon with
the chairman of the Senate conferees I
Two amendments to the Senate Drovi '
sion as it now stands will bo offered hv I
the senate conferees. The first will he I
to eliminate the provision increasing the '
tax rale on intangible personal nron
evty. .eaving the tax on such holding
the same as at present.
Another provision which the Senate
conferees will insist on will be one
providing that at no time shall the
tax rate in the District of Columbia
jSjaaf P#r 6,114 ?f 11,9 guessed
E. C. Bonniwell Tells Sena
tors Pennsylvania Campaign
Is "Ghastly Degradation."
Charges that the campaign for the
nomination of Attorney General r ai
nier as democratic candidate for the
presidency had been conducted n
Pennsylvania with an open appeal to
the distillery and brewery interests
in the state were made today before
the Senate investigating committee by
EyKeit? C. Bonniw?ll of Philadelphia
Mr. Bonnlwell, who distributed stick
this was proceeding under
Department of Justice and prohibUion
enforcement officers of the federal
government appointed "with Mr. Pal
rner'8 vise."
Called Ghaatlr Degradation.
The witness charged that the Palmer
campaign in Pennsylvania had been a
-ghastly and debasing degradation of
, ? added that the campaign he
inducted for Mr. McAdoo had been en
SeW the wort of himself and his col
['^rues and against the specific personal
rtrfusa? of MnMcAdoo to allow his name
Mr Bonniwell said that at Scran
ton Pa., where the district attorney
was "Mr. Palmer's partner, the situa
tion was particularly bad. with ]"e Je
tton U. open violation of the prohibi
tlon law He added that men directly
connected with the liquor interests
? ? among the Palmer delegates to
the national convention elected at the
re^ailingirtor'get permission to use
Mr. McAdoo'B name, Mr Bonniwell
said his friends had endeavored to
eet 'voters to write his name in. and
we came within 200 votes of beating
Palmer in Philadelphia."
"How much money did you spend
on it?" Chairman Kenyon asked.
-I was making a battle for national
^mmitifprnan." Mr. Bonniwell re
plied; "and I'm frank to say that the
McAdoo work was a great benefit to
me." , _
Co.t Over *=00.000 Claimed.
Asked as to the use of money on the
other side, he said: "My advices are
that 110 a committeeman was paid in
Philadelphia. From Dauphin county,
the chairman wrote roe that the I enn
?lvanU fight cost the Palmer men
between $200,000 and $300,000.
Here the committee objected, on the
ground the witness was dealing with
rUSrm not" Mr. Bonniwell returned.
-The name of mv informant was Charles
R Stucter Thev had eight or ten men
employed in P^llmg places ^oogaU
inTho6co^itte? also heard evidence as
. TU 7.f the Plumb Plan League in
aaSSfew&MS
Mr. McAdoo.
Keatlnff I? ttur?Honed.
Edward Keating, former member of
rnnereas from Colorado and a manager
? tf^Plumb Plan League, was ques
Sone^atT^/- to th-ieague's poUU
He denied that it naa
spentluiy money in the presidential nom
Sm contests and said the league
^MsTk T defeat in the elections
Tve^y member of the House and Senate
wbT voted for the Cummins-Esch
hill " the transportation act.
Mr Keating added that the sixteen
railroad^abor unions supporting the
lea<rue had a campaign committee of
he is a member, co-operating
with the campaign committee of the
Tin?riean Federation of Labor, and
??t thfs committee had taken no
In tie presidential campaign,
duty will be to convey infor
mation to members of the organiza
t^ns principally about senators and
C?J^Tu?'explaln the Plumb Plan
T^nie and Its methods, Mr. Keating
ofwthere were 4,000 railroad unions,
fteh oa^ng $10 a. year and getting
ten copies of Labor, and "something
?nre than 200,000 Individuals," each
Sv"g $1 a year and receiving the
najfter The surplus over the cost of
?witting out the weekly went to
propaganda, he said, supporting six
field men.
Plumb*" Salnry Revealed.
Glenn K Plumb, he said, was on a
salarv bui he objected to giving the
"amount declaring that the question
wis outside the scope of the investi
?.'tion Senator Reed insisted and Mr.
KeatinK said Plumb received $1,000 a
month, "about one-half of his usual
Income" as a lawyer in private prac
tice. now abandoned.
-You Intend to make the Plumb
^I.n a. national laaue In this election?"
***""*-w "T* gob""" M
NEW D. C. SCHOOL BOARD
LAW OFFERED AS RIDER
In an effort to obtain a new school
board appointed by the President and
to provide for a survey of the schools
of the District of Columbia during
the coming term, members of the
District committee of the Senate have
agreed to urge a rider to the general
deficiency bill now before the House,
carrying out the recommendations of
the select committee which recently
inquired into the school situation.
Though by no means sanguine as to
the success of this expedient, sena
tors who served on the select com
mittee agreed it is the only hope
of getting the reorganization of the
school system under way during the
present session of Congress. Senator
Harrison is preparing the amendment,
which he probably will introduce to
morrow or Friday.
Instead of a board of nine mem
bers appointed by the judges of the I
District Supreme Court, as at pres
ent, it is proposed to have a board
of six members appointed by the :
President. The committee has recom
mended that no changes be made in
the present administrative force of
the schools pending the reorganiza
tion of the board.
? ? . ii.||i i n? . n. , ,
SUBURBAN ROADS'
REPAIR MAY HALT
FOR PART OF JUNE
Should the third deflclency bill pass
Congress this week without the item
of 120,000 for repairs to suburban
roads, the District may have to go
through the last two weeks, of June
without funds for this much needed
work.
The $20,000 was omitted from the
bill as reported by the House appro
priations committee, and the only
hope of getting it now lies in the pos
sibility of having it put back while
the bill is up for consideration on the
floor of the House or in the Senate.
Officials of the engineer department
esUmate that the $35,000 deficiency
appropriation granted by Congress
last month will carry the suburban
road gangs up to about June 15*
Since this deficiency was made
available the men working under L.
R. Grabill, superintendent of county
roads, have made noticeable progress
in patching the ruts in the main high
ways. If the additional $20,000 is not
allowed, however, the task of repair
ing the winter damage to the roads
may be held up from the middle of
June until the beginning of the new
fiscal year, July 1.
Dliuutroui to Road Work.
Failure of the two houses of Con
gress to agree on the District ap
propriation bill before adjournment
on Saturday would be even more dis
astrous to the road work.
While a resolution continuing last
year's appropriations would make it
possible to continue repair work, the
appropriations of the past year proved
inadequate ;uid probably would be
more inadequate during the coming
year. The fact that two deficiency
items, amounting to $55,000 had to
be asked for this spring demonstrat
ed the inadequateness of the last ap
propriation for road work.
If the District bill fails of passage
none of the new construction work on
Connecticut avenue, Bladeasburg road
and Bcwen road can be undertaken
under a oontinuing appropriation.
"I am astonished that the House ap
propriations committee would leave out
the $20,000 in the general deficiency
bill for the repair of the roads in the
District," said Conrad Syme, chairman
of the legislative board of the Ameri
can Automobile Association, today.
Kerdcd for Road Repair.
"This amount, and more, is most
urgently needed for the immediate re
pair of the roads, and the committee
must surely be aware of this fact. The
good roads conference of the District
of Columbia, representing practically
all civic organizations and trade bodies
in Washington, has brought this mat
ter to the attention of the Commission
ers, and so much publicity has been
given it that it seems incredible that
the committee has refused to take cog
nizance of this crying need.
"It does not mean that the confer
ence is asking for the repair of the
roads for pleasure purposes, but with
the present condition of shipping by
rail, the big business houses-rely to a
large extent on the roads.
Immediate Action Planned.
Immediate action will be taken by
the good roads conference on the
omission of the appropriation, under
t lie leadership of Chairman Judge
Martin A. Knapp. judge Knapp
has authorized William Ulman. presi
dent of the National Capital Division
of the A. A. A., to appoint a small
committee to appear before the ap
propriations committees of Congress
to lay before it the situation first hand.
The committee will conaiat of one
representative of each organisation
represented on the good roads con
ference, and an immediate hearing
-will be asked.
F
ON FIRST BALLOT,
IS COM CLAIM
Delegates' Seats to Be Con
tested by Bradshaw and
Miller Faction.
BY G. GOILD LINCOLX.
CHICAGO. June 2.?Now that the
national committee has decided to seat
Frank J. Hogan and James A. Cobb
as the delegates of the District of Co
lumbia in the republican national
convention, the all-important question
to the managers of the various presi
dential candidate*?ao far as the Dli
are concerned?1* who
Will they vote far when the roll la
called.
The Answer to this question the
District'# delegates are unwilling to
wake at this time. Frankly they are
here to "play the game" both for the
District and the country. They oc
cupy a strategic position on the roll
call, well down at the end of the list.
Although the District has but two
votes in the convention, they may
be important in the selection of a
presidential candidate. They feel
that they may be the deciding factor,
and they are not making any pledges
today.
"Wood First, Then Lowden."
Claims have been made here today
that the District's pair will vote for
Wood on the first ballot, and on the
other hand that they will support
Gov. Lowden. But it can be stated
authoritatively that they are not only
uninstructed, but that they have not
yet pledged themselves one way or
the other.
They were seated today by a com
bination of Lowden, Wood and John
son delegates. No eijfort was made
in the committee to vote for the Brad
shaw or the Miller delegates. The
only question raised was whether any
of the contesting delegates would be
seated. A motion made by National
Committeeman Howell of Nebraska
that none of the District delegates be
seated was voted down viva voce,
only a half dozen voices being raised
in support of the motion. When the
vote came on seating Hogan and Cobb
it was unanimous.
Mr. Howell, who sought to have the
District's representatives excluded
entirely, as they were four years ago.
is reckoned as a Wood supporter, but
he was not followed by the other
Wood supporters in the committee.
ColUday's Work Vindicated.
The action of the national commit
tee was an entire vindication of the
work of Edward F. Colladay, the na
tional committeemaji from the Dis
trict. The motion to seat Hogan and
Cobb was made by Col. Warren, the
committeeman from Michigan, who
in offering the resolution, expressed
the opinion that the Colladay-Galliher
republican organization in the Dis
trict was the only one which was
regular and had had the recognition of
the national committee, and that the
call for the national convention had
been complied with in every wav bv
Colladay and Galliher.
AaronBradsha.w who heads one of
the factions turned down, and Robert
I. Miller, who heads the other, both
announced, after the result had been
rendered, that they would remain in
Chicago and carry their fight for
seats to the credentials committee of
the national convention, and, if nos
sible, to the floor of the convention
itself. In view of the decisive action
of the national committee todav
however, it is not believed that thev
have a chance of ousting Hogan and
CODD.
Galliher and Hogan Return.
William T. Galliher, chairman of
the republican state committee of the
District and an alternate, and Mr
Hogan left Chicago for Washington
this afternoon, and will return at the
end of tbe week. Arrangements have
been made for a special car to bring
a party from the District, leaving
Washington Saturday afternoon.
Mr. Colladay has opened headquar
ters in the La Salle Hotel and will
carry on a vigorous campaign this
week in the interests of having a
plank inserted in the republican plat
form pledging the party to support
national representation for the Dis
trict. He said today that while the
appointments of District people as of
ficials at the convention have been
announced, some of the appointees
may not be able <o attend the con
vention. and that 'if other Washing
tonians come to Chicago for the con
vention and desire to fill any vacan
cies they should notify him.
Hogan Attack* Faction.
During the hearing of the contests to
day, Mr. Hogan, attacking the right of
the Miller taction to be seated, said :
"We have 437,000 people in the Dis
trict of Columbia and the Miller people
claim that they polled 1,800 votes. I
don't know exactly how many of tbe
residents of the District axe republicans,
but living as they do under the shadow
of tbe warn administration. I don't
SAYS WOMEN WILL BAR
WET PLATFORM PLANKS
By Cable to The Star and CMu4?
Daily Ncwa. Copyright. 1920.
PARIS. June 2.?"The indica;t_ions
are that neither the democrats nor
the republicans will insert a wet or
even a damp Irak in their platforms
because of the great power and influ
ence the woman voters will have in
the coming campaign." said Mm. 1Car
rie Chapman Catt. president of tne
American Women's Suffrage Associa
tion. today. She stopped over in
Paris on her way to Geneva, fewitzer
land, to attend the international ???
an suffrage convention there next wecJ^
"I have been informed that tne
French manufacturers of alcohol have
a very restraining influence on ln?
suffrage movement in France, ipst
the brewers had in the United States.
Without them we would have had tne
vote twenty-five years ago.
"The French senate also has been
an obstruction, but French suffrage
leaders say they are hopeful of fa
vorable results when the
comes before the French chamber
and senate in a few weeks.
"Herbert C. Hoover is the most pop
ular presidential candidate in tne
United States, and his friends hope^to
put him through at the Chicago con
vention as a dark horse. At the San
Francisco convention the northern
democrats will make an effort to
adopt a wet plank, but it is doom _
to fail because of the_ opposition or
the southern delegates."
36 T012, IN FIRST
DELEGATE BATTLE
Wood Claimants in Contest of
| Minnesota District "Rump"
Meeting Choice.
Br tlx- AswwUted Press.
CHICAGO. June 2.?In its first de
cision affecting the Johnson forces in
| the convention the republican na
tional committee, by 36 to 12. today
voted to seat delegates from the
tenth Minnesota district who are
counted as favorable to the candidacy
of the California senator.
The Wood delegates were denied
seats on the first roll call the commit
tee has taken since it began deciding
contests. The action followed a
spirited discussion which brought out
' the charge, which the committee ac
cepted that the Wood delegates had
I been chosen by a rump convention.
The attorneys for the Wood dele
i gates told the committee they had left
the convention because they were de
nied police protection. The attor
neys for the Johnson de,egatcii5j???"
! acterlzed that statement as "laugh
i able and a falsehood.'*
Representative Schall>f
lis and L. M. Mithun of Buffalo. Minn.,
were seated as the delegates from the
tenth Jtiooewjt* district.
Resuming work on convention
tests, the committee today
twelve unInstructed del^&tes
Lou&lana headed by Emile Kunti of
1 New Orlekna national committeeman
and dismissed the contest of the lily
white" group led by C. ^Hebert and
Victor Loisel of New Orleans.
Hebert. who figured in the commit
tee's decision yesterday denying a re
hearing i" challenge of Mr. Kunt?s
seat appeared for the contestants. He
was' confronted with a signed agree
ment made in 1918 in which he and his
associates agreed not to file a contest
CoSttee members said the J^e had
been investigated thoroughly last year
and declared the new contest violated
the 1918 agreements.
Further Time in Georgia Came.
Further time to check evidence in
the Georgia case was given to the
subcommittee headed by Charles B.
Warren of Michigan, who said a com
parison of duplicate state convention
rolls would take much more time. H.
L. Remmel of Arkansas proposed that
both Georgia delegates be seated with
a half vote each, but was voted down.
In taking up the tenth Minnesota
district contest, between two ood
and two unpledged delegates. Secre
tary Miller announced that botn
claimed to be the regular delegates.
Representative Schall, the blind con
gressman, was one of the unpledged
delegates. _ .
Julius E. Haycraft of Fairmont.
Minn., spoke for the Wood faction,
and John G. Priebe of Minneapolis
for the unpledged pair, who were re
ported to favor Senator Johnson.
Involved in the fight were the bolt
by the Wood delegates in the district
convention and regularity of conven
tion call. Mr. Priebe imputed "strong
arm" methods to the opposition, while
the Wood contingent declared tne
Schall faction unfairly demanded in
creased representation in the conven
tion.
Convention Schedule.
Nominating speeches in the republi
can national convention next *eek
probablv will come on Thursday, w uh
balloting on Friday, I- W.
secretary of arrangements committee,
announced today. .
Following the keynote speech or
Senator Lodge of Massachusetts, tem
Dorary chairman, and appointment 01
committees on Tuesday, Mr Henley
said the convention probably would
adjourn until Wednesday for commit
tee work. , .
Permanent organization, rules and
order of business are on Wednesday s
tentative program. After the nom
inating speeches on Thursday, Mr.
Henley said the tentative program
would leave Friday and Saturday and
possibly part of Thursday for ballot
ing and consideration of platform.
On Monday, preceding the opening i
of the convention, caucuses of many I
state delegations are scheduled to se- ]
lect national committeemen and make ,
committee nominations.
There are more than 150.000 appli- J
cations for tickets for 13 289 seats.
Mr Henlev stated, and 1.100 applica- I
tions for 576 press seats. Increased
interest of women in politics was as
signed by Mr. Henley as a reason for
the ticket demands. Distribution of
tickets is to begin next Saturday,
through national committeemen.
The fight for a platform declaration
by the republican party for full in
dependence for the Philippines was
taken up today by a delegation from
the islands headed by Jaime de Veyra
The orospect of night sessions to
(Continued on Page 2, Column 6.)
believe that many of them are demo
Cr^S W Scott, a colored lawyer of the :
District." one of the delegates on the Mil- ,
ler ticket argued that the colored people
of the District had been given practical- ;
?v no consideration in the organixauon
Of the Galliher state committee, nor in !
the election of Hopan and Cobb as dele
Kat-The nearest approach we have to
self government in the District is the
election of delegates to the national con- ,
venUons, and we should be allowed to
hold primanes in which every one can
Pa^f?1A. Cobb, delegate from tie j
District of Columbia to the convention, |
arrived today from Washington
Illinois Governor Believed to
Base Strength Upon Sec
ond-Choice Votes.
JOHNSON GIVES CRYPTIC
FORECAST OF BIG SPEECH
Old-Line Managers Assert Decision
of Chicago Convention Must Be
Hade in Cold Blood.
By Jf, O. MESSBWGBB.
CHICAGO. June "Shell Lowden
out of his intrenched position!" ta the
slogan of the Wood managers and the
Johnson campaigners. as the two
camps open up a determined assault
upon the Illinois governor. now dis
covered by them to hold a location
of high strategical value.
It was only within the past three or
four days that the other candidates
began to apprehend the formidable
position of Lowden. Up to that time
Lowden's showing in the primaries
had not alarmed them. He was low
man in the number of delegates cred
ited to him.
Later inquiries revealed th? fact
that many delegations, generally ac
credited to other candidates, were
honeycombed with sentiment favor
able to Lowden for second choice. As
the nomination of (Jen. Wood ia be
lieved unlikely by most of the poli
ticians, and the nomination of Senator
Johnson only a hope at present, logic
ally the second choice man suddenly
loomed up as the opponent to be
feared and to be dealt with.
Method* of Attark.
So they are "going after" Lowden
and going after him hotly.
The Wood people are working like
beavers to stiffen up their forces, to
hold them against defection to a sec
ond choice candidate.
A section of the Johnson support is
assailing Lowden along lines designed
to disparage him. to attach scandal of
pre-convention campaign expenditures
to his candidacy, with the object of
arguing that it would hurt the party
in the elections, and thus prevent his
nomination.
Senator Johnson himself ia not at
tacking Lowden. On the contrary. h?
is maintaining friendly relations with
him and refraining from unkind com
ment. In a speech at Pittsburgh last
night he is quoted as saying he want
ed to cherish all the friendships pos
sible for use later.
The Hearst newspapers here are do
ing the most of the attacking of Low
den. Mayor Thompson ia op?nly sup
porting Johnson and ? ia expected to
aid ia lb* raid on Lowdan ia kis own
way. 3e la also ?mpectwt to throw
his eighteen Cook county votea In the
convention to JMsaJkra on the first
ballot, and thereby mdermlne Lowden
in hia own state. -
The Hearst newspaper crusade
against Lowden is on ia fall force.
The morning edition today carries
several columns of the teatlmony yes
terday before the Senate committee
on the Lowden expenditures in Mis
souri. The banner headline in big
black letters says< "Buy Lo~#lcn
Votes." With subheads such as "Took
Lowden Gold." the article in the lead
is adroitly worded to intimate that
Lowden bought the Missouri delega
tion. All of that is expected to have
weight with the uninstructed dele
gates to the convention and to wean
away the Lowden "second choice"
strength.
Evidence of RcmtBcaf.
The cautious politicians who may
be classed as neutral say that this
line of procedure may hurt Lowden,
but they question whether it will
help Johnson, considering the source.
Let it be stated as a fact without
bias or ulterior motive that there is
already considerable resentment
against Senator Johnson among the
influential republicans on account of
the supplying of democratic campaign
material by the Senate committee, for
which his "friends are held responsi
ble The effect of this resentment
has been felt by his managers here. The
question is whether it will not be ac
centuated and aggravated by the at
tack on Lowden by Hearst and
Thompson, and that also charged up
against Senator Johnson.
It has been intimated that Senator
Johnson, in his Auditorium speech on
the eve of the convention, may shorten
sail on his radical speeches and hug
the shore more conservatively, so as
not to alienate entirely his conserva
tive friends in the east. A statement
given out from Johnson headquarters
savs on this point:
"What Senator Hiram W. Johnson
has to sav at the mammoth rally to
be held in the Auditorium Theater on
the eve of the convention will be
determined by the events of the next
few days, according to the Johnson
leaders now in Chicago.
"The only word that has come con
cerning the most important of his
campaign speeches is that it will not
be along the same lines as hia talks
during the campaign."
Two Iaiterpretatlona.
The rather cryptic statement is sus
ceptible of two interpretations, the poli
ticians said today?one that it may be
a threat that he will go after his op
ponents more vigorously, and the other
and more accepted construction that he
intends to tighten up his conservatism
and show the delegates that he is not
the radical he has been painted.
The Johnson demonstration is to reach
its maximum on the eve of the conven
tion's assembling. It will mark the up
set effort of his campaign, with only
one more stroke to be made, the attempt
to stampede the convention itself for
him. which will be exerted at a psycho
logical moment during the convention
proceedings. .....
The neutral politicians and old line
managers are quite aware of the
Johnson program, and are settlinf
down to await the onrush of the John
son shock troops. Of course, until
the bulk of the uninstructed dele
gate* arrive, direct from the people,
bringing first-hand reports of the ef
fect of the Senate committee testi
mony they cannot forecast ti e out
come of the balloting for the can
didate They are determine 1. how
ever to try to prevent a Johnson
stampede, with the aid of thj feeline
aroused over the campaign expendi
tures or the putting of Johnson ov.--r
by rushing the delegate off tneir
feet: and to give the convention an
opportunity to look all the carao ov-r
before making a decision.
Decision Will Be In told Bloo*.
If, when that time conies, they be
lieve that Lowden could not win ir.
November, nobody will take '.ha'. de
cision with better grace lhar Oov. %
Lowden himself and his leaders Hut f">
it will have to be the decision of the
convention in cold blood, the old-line
managers say. rather than the ver
dict of stampeders in the heat of en
thusiasm and passion of antagonism
grossed by entirely obvious method*.
1