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Evening star. [volume] (Washington, D.C.) 1854-1972, September 10, 1931, Image 1

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(V. 8. Weather Bureau Forecast).
Fair and continued warm tonight and
Temperatures—Highest, 90. at 3:45
pin. yesterday; lowest, 69, at 6 a.m. to
Full report on page 4.
Closing N. Y. Markets, Pages 13,14 & 15
No. 31,908.
Grand Jury Dismissed After
Reviewing Evidence Against
Gangster Chief.
Conspiracy Case - Now Subject to
Call for Trial on Notice
of Five Days.
£■■ the Associated Press.
CHICAGO. September 10.—A Federal
grand jury report on its investigation
of prohibition eharges against "Scar
face” A! Capone was refused by U. S.
Pistrict Judge James H. Wilkerson to
"I'm not interested in reports, only in
Indictments," Judge Wilkerson informed
the jury.
A moment later the grand jury ap-
T>enred before Federal Judge John P.
Barnes, advised him it had no indict
ments to report and was discharged.
Allowed to Change Plea.
The Government made no comment
cn the apparent failure of the jury to
carry out the full mandate given by
Judge Wilkerson last July, when he di
rected it to reconsider the evidence and
if possible re-indict Capone on specific
charges carrying heavier penalties.
The original indictment, however, al
leging a broad conspiracy against the
prohibition act, including 5,000 offenses
ever a decade, still stands. Judge Wli
ke rs on last Tuesday granted the gang
ster's request to change his plea on that
indictment to not guilty. No date for
the trial has been set.
When the millionaire boss of Chicago
gangland went into court last July with
li..< pleas of guilty to the income tax
indictments and the general prohibition j
conspiracy charge it was generally
thought he would be on his way to ■
Leavenworth Prison in a few days. In
stead, a sudden turn of events sent him
hack to freedom on his old bond with
the necessity of more farewells if his
impending trial results in conviction
and sentence.
Must Be Unconditional.
It was Judge Wilkerson's announce- ]
ttient that Capone must submit to all j
proper questioning if he solicited leni
ency that caused the right-about-face :
of the gangster and his attorneys.
Professing surprise, his counsel in
formed the court of a purported agree
ment between the Government and de- I
sense attorneys that the prosecutors '
would make certain recommendations, •
subsequently disclosed to be a proposal
that sentences on prohibition and tax
rtasion charges run concurrently.
Judge Wilkerson insisted the pleas cf
guilty must be unconditional, and the
following day he granted leave to
change the plea in the income tax case.
This will come to trial October 6.
Beiore appearing in Judge Barnes’ j
evurt room the grand jury destroyed
the report offered to Judge Wilkerson.
Tiie latter explained that it is not cus
tomary for grand juries to make reports
of any kind except indictments.
The conspiracy indictment is now
subject to call on five days' notice for
consideration of the defense motion to
quash it and drop the charges.
Judge Wilkerson when he ordered the
hew investigation which ended today
said Capone's alleged liquor law viola
tions "must be inquired into fully.”
Wilkerson's Statement.
Referring to the liquor conspiracy In
dictment against Capone and 68 others,
Judge Wilkerson said on July 31:
"In the enumeration of overt acts the
defendant and ethers are charged with
substantial offenses within the period
of the statute of limitations for which
a heavier penalty is provided than that
possible under the conspiracy indict
"The court will not believe, unless it
Js forced to do so, that the language of
this indictment was chosen, without
probable rause, merely for the purpose
of creating the impression that this
defendant had been a flagrant law
breaker o\er a long period of time.”
1,370 Cases in United States, Chief
ly in New York, Report to
Health Service.
By the Associated Press.
Infantile paralysis cases were shown
to be still increasing iA reports received
today by the Public Health Service.
Cases reported this week totaled 1,-
S7O. as compared with 1.32) the week 1
previous. Last year at this time tlwre
were but 422 cases in the United States. |
New York City showed fewer cases.
547 this week as compared with 432
last week. However, the disease was ;
spreading in up-State New York, with |
207 cases now as compared with 180 a
vw ek ago.
Massachusetts had 184 cases this
week, as compared with 135 last; Con
necticut, 162 against 134: Michigan, 107
sigainst 76; Minnesota. 50 against 39;
Illinois. 42 against 38. There was a
Flight drop in New Jersey. 84 this week
against 103 last. Rhode Island had 14
cases, Pennsylvania 20, Wisconsin 69.
Malady Delays College Opening.
SOUTH HADLEY, Mass., September ;
to i/Pi. —Because of the prevalence of ,
infantile paralysis the opening of Mount, j
Holyoke College was today postponed j
from September 24 to October 1. I
Power Vessel, 2 Motor Boats, Rowboat and 6 Men Is Bag
of Converted Liquor Ship on Early Morning Patrol.
By the Associated Press.
COTUIT. Mass., September 10.—The
rum-runners off Cape Cod have yet to
learn that Coast Guard boats do not |
sell liquor.
The crew of the Coast Guard patrol!
boat 910 seized 300 cases of liquor, a j
55-foot power boat, two smaller motor j
boats, a rowboat and six men early to
dav simply because the runners got a j
little careless in who they ask for j
The 910 was formerly the rum-runner i
Tramp. She was converted into a j
patrol boat, but many of her character- 1
istics were kept inviolate, and in the j
halj light of early morning she some- !
resembles her old self. 1
Entered as second class matter
post office, Washington, 11. O.
I * His Body Found
—Underwood Photo.
Body of Maj. C. W. Jenkins
Discovered in Woods
on Alexandria Road.
The body of Maj. Coleman W. Jen
kins, Coast Artillery, 42-year-old Army
War College instructor, was found this
morning under a tree in a patch of
1 woods ju c t off the Washington-Alexan
dria highway, with the pistol which had
sent a 38-caliber bullet through his
brain still clutched in his hand.
The body was found by a detachment
; of soldiers fro it the War College and
| Arlington County police, who began the
1 search when an automobile found aban
! doned on the highway last night, near
Addison station, was identified as Maj
Jenkins’. The body was found in the !
: woods a short distance away.
Dr. H. B. Swain, Arlington County !
coroner, viewed the body early this aft- \
ernoon and Issued a certificate of!
Disappeared Yesterday.
Maj. Jenkins disappeared yesterday
morning about 9 o'clock and last night
Ins family appealed to Washington po- |
lice to search for him. He had been !
under treatment at Walter Reed Hos- !
pital for a nervous disorder.
The circumstances surrounding the j
discovery of the body indicated that the
officer had parked his automobile along
j side the road, locked the doors and
climb'd down a 10-foot embankment.
At the bottom, beneath a small tree, he
is believed to have taken off his coat,
carefully folded it, placed his Panama
hat on top of it. and then to have lain
down in the shade of the tree and shot
himself. The bullet entered the head
behind the right ear and emerged
behind the left ear. The gun was I
tightly clutched in his right hand and
lay across his body.
Suffered “Anxiety Neurosis."
Maj. Omar H. Quade, executive officer
at Waiter Reed Hospital, said Maj.
Jenkins was suffering from an “anxiety
neurosis” induced by overwork. He said
the ailment was accompanied by a fear
that he was not performing his duties
Maj. Jenkins' automobile was found
(Continued on Page 2. Column 2.)
74 Score in Opening Round Gives
Edge on Peacock..
With 75.
Harry G. Pitt, Manor Club star,
played the Burning Tree Club course
! in 74 today to take the lead in the
, opening round of the 72-hole compcti
! tion for the District amateur golf cham
: Pitt’s score, which was 2 over par.
was one stroke in front of the 75 turned
in by Roger Peacock, the young Argyle ,
Country Club player, who won the Dis
trict junior championship last week.
Peacock needed a par 4 on the eight
eenth hole for a 73, but finished with
a 6.
Only twice during the round did Pitt
|go over par. He three-putted the eighth
green for a 4 after pushing his tee shot!
into the woods at the sixth, where he
took a 5. one over par.
Other leading scores are:
Miller B. Stevinson, Columbia. 78; i
Burn Curtiss. Indian Spring, 78; Fred- j
crick Hitz. Chevy Chase, 79; Page s
Hufty, Congressional. 79; M. P. Nolan, 1
Congressional. 79; John C. Shorey. Ken- i
; wood. 80; C. A. Fuller, Chevy Chase, 82; |
James D. Henman. Washington. 81; J. i
M. Hunter, jr., Indian Spring. 82.
The second round in the champion- 1
i ship is being played this afternoon. j
| Just before dawn today the 910 was
1 laying in the outer channel off Cotuit
when a motor boat hailed her.
"Which side will we load on?’’ the
boat's skipper asked.
"Right over here,” the boatswain an
) swered.
And the first of four boats w r as taken
' in. A second motor boat and the row
boat repeated the formula, a man was
i taken off each and the boats tied along
j fide. Then the Dart of Beverly, a 55-
; foot power boat, came along. She went
through the same formula, excepting
1 that she wished to unload. She, too.
i was tied up and her crew of three men
! taken off. The boat with 300 cases of
t liquor was towed to Woocjp Hole.
(She JEtojeuitm Sfaf.
Dole Cut One-Tenth, Income
Taxes Raised to 25 Per
Cent in Plan.
Proposal Would Provide for Sur
plus of $7,500,000 on This
Year's Program.
By the Associated Press.
LONDON, September 10. —Great Brit
ain has devised a scheme to balanre
1 her accounts in what is probably one
I of t’..e most desperate financail crises
I j in the Nation's history, Philip Snowden,
, chancellor of the exchequer, announced
in the House of Commons this after
-1 noon as he introduced his emergency
He spoke for an hour. leaning on
his two canes, he outlined the devices
by which he proposed to overcome a
deficit of approximately $850,000,000 In
next year's budget and an estimated
deficit of more than $370,000,000 this
Labor Members 800.
When he sat down, the Conservatives, I
the Liberals and a handful of the Labor
members raised a great cheer, but on
the other side of the House the bulk of I
the Labor members booed the man who ;
is one of those chiefly responsible for j
the creation and growth of their party.'
He had struck out as few treasury
chiefs have dared to do.
He faced the hostile labor benehes
crowded with his former colleagues, and
announced measures which meant a 10
per cent in the dole. He announced
that the incore tax would be boosted
up to 5 shilling on a pound, which
amounts to 25 per cent of the net in
-1 come of every citizen who pays the tax.
He told them the duty on beer would
be increased 1 penny a pint, effective
tomorrow, and that the customs duty
on imported leaf tobacco would go up i
8 pence a pound The gasoline duty '
is to be increased 2' pence a gallon. I
1 Police Wages Cut.
Policemen's wages will be cut on a
sliding scale running upward from 1. I
shillings ($1.25) a week, and school:
teachers’ salaries will be reduced by 15 <
per cent.
These and other measures were listed
j in a government white paper distrib- !
I uted during Mr. Snowden's speech.
Analyzing his proposal, the chancellor j
j said that against this year's estimated i
I deficit of $373,395,000 his new measures
! provided for economies of $110,000,000.
j savings of debt ledemption of $68,500 -
000. new taxation and inland revenue.
$145,000,000; customs and excise, $57.-
1500.000. leaving an estimated surplus
of $7,500,000.
As for next year, against an esti
, mated deficit of $850,000,000 would be
economies of $350,000,000. debt sav
ings of $100,000,000. new taxation and
inland revenue $287,500,000. customs!
and excise $120,000,000. leaving an es- j
timated surplus of $7,500,000.
Salaries Are Cut.
Major savings for the year 1932-3
disclosed in the white paper are:
Reductions in the salaries of civil
servants, from cabinet ministers down,
In the defense services (in addition to
pav and pension cuts of $18,070,000),
| 325.000,000.
Education, $51,500,000.
Unemployment insurance ia) redue-;
tion of expenditure. $129,000,000; <b)
increase of contributions, $50,000,000.
Road fund, $39,325,000.
These and other economies bring the
total for the year to a little over $330,-
Must Cease Borrowing.
Pointing out that an unbalanced bud
get was a very serious thing for the
country, he said the situation could be
remedied only by reducing expenditures
| or increasing taxation or by a cembina
j tion of both.
Turning to that controversial subject
which recently has torn the Labor
(Continued on Page 2, Column 5.j
“Unseasonably Warm” Weather
Arrives—Mercury Expected to
Reach 92 or 93 Degrees.
Unseasonably warm weather is in
store for Washington for the remainder
jof the week, it was predicted by
Weather Bureau forecasters today. The
temperature is expected to reach 92 or
93 degrees this afternoon and repeat
the performance tomorrow. Saturday
and in all probability, Sunday.
The warm weather which has de
scended upon the Capital and Its en
■ vlrons is the same brand which has
given the West and Midwest States a
taste of record high temperatures in
the last week.
While Washington enjoyed pleasing
j respite over the last week end. virtually
every other section of the country, ex-
I cept the extreme South, was suffering
. from unseasonably high temperatures.
I Nebraska recorded a new September
[ high yesterday, when official thermome-
I ters registered 106 degrees. This was
the highest the mercury ever had
climbed this late in September in that
Washington’s all-time September rec
ord was established in 1881, when the
mercury rose to 104 on September 7.
Tlie other September extreme for the
District was a temperature of 36 degrees
on September 23. 1904.
So far as relief is concerned at pres
ent. the Weather Bureau announced to
day that "there is no cool weather with
in reach of Washington for the rest of
this week.”
NEW YORK. September 10 (IP).—
Mr. end Mrs. Charles Day of Ridge
word. N. J.. making a leisurely tour of
the world by plane, cabled their rep
resentatives today that their plane,
forced down in the jungle several days
ago. was being repaired and that their
flight would be resumed in about 10
The cablegram was from Sandoway.
Burma, about 100 miles northwest cf
Rangoon. This explained the absence
of werd from the couple for several
Radio Program* on Page C-8
Coast Guard Making Search
Despite Little Chance
for Two Flyers.
By the Associated Press.
! SEATTLE, September 10.—What
j sounded like the drone of an airplane
| engine, perhaps that of the missing
j Tokio-Seattle flyers. Don Moyle and
I C. A. Allen, was heard between 9 ant',
i 10 30 o clock last night by four pas
; sengers aboard the steamship Arthur
J. Baldwin near Dutch Harbor. Alaska.
| in the Aleutian Islands, 2.000 miles
! from here.
I The report, received here today, said
the sound was coming from the south
j west, dying away gradually to the nortn
j east Thick weather prevailed over the
i mountains at the time.
It the supposed plane was that of
, the transpacific flyers, it indicated they
marie a forced landing somewhere and
i had taken off again, as their fuel sup
-1 ply would have exhausted some hours
| before in continuous flight.
The Arthur J. Baldwin carries sup-
I plies for the Lomen Reindeer Co.'s
j camps.
Inexperienced Navigators.
Meanwhile, four Coast Guard vessels,
| as well as numerous ether ships of
! private lines, kept watch for the avia-
I tors along the Aleutian Islands and
i Alaskan and British Columbia Coasts.
I As the flyers had not been sighted since
an hour and 10 minutes after their
take-off, they may be found almost
anywhere along the 4,400-mile great
circle route.
Neither was experienced at navigating.
A slight error would have thrown them
I far lrom their path and searchers had
| no idea where to look.
; The flyers left Samusliiro Beach.
Japan, at 3:30 pm. (Eastern standard
time) Monday. Their fuel supply had
been estimated .to last from 40 to 49
hours, depending on the speed main
tained by the plane, hence their tanks
would have been emptied some time
yesterday morning, had they remained
in the air.
2 500 Miles Out.
Dutch Habor. on Unalaska Island, is
about 2.500 miles from Samushiro Beach
i over the route plotted by Moyle and
Allen. If the aviators followed schedule
they should have passed the island after
about 25 hours of flying or about 4:30
p.m. (Eastern standard time) Tuesday.
One incident remained to bolster up
the convictions of the few who clung
to the belief that the aviators were safe
—an anonymous message saying a large
monoplane had been seen to land on a
small island off the British Columbia
Three Coast Guard cutters, the
Northland, Chelan and Taska. started
searching along the rocky and storm
scourged islands late yesterday on :
orders of Capt. H. D. Hinckley, division
Almost Hopeless Task.
The cutters were ordered to cruise to
the western extremity of the island
chain and make a thorough search of
the water and the coastline for the
I flyers or possible wreckage of the plane.
| “It is almost a hopeless task.” said
! Capt. Hinckley. "We'll do the best we
can—but I'm afraid that will not be
A check of radio and telegraph sta
tions along the British Columbia coast
last night failed to reveal a trace of
Moyle or Allen or the source of the
report that a plane similar to the one
flown by the airmen had been seen
along the coast.
As hours passed with no reports of
the airmen, even the most optimistic
began to lose hope they would be lound
alive, although some believed there
might be a duplication of the experi
ence of Maj. Frederick L. Martin, one
(Continued on Page 5, Column E)
Infers Wheat Loaned to Millers
and H : gh Farm Prices
By the Associated Press.
OKLAHOMA CITY. September 10.—
Gov. W. H. (Alfalfa Bill) Murray yes
terday challenged the Federal Farm
Board to disclose where its stabiliza
tion wheat holdings are stored, explain
ing he had received reports that the
grain has been loaned to milling com
The Governor said several North
western Oklahoma wheat growers had
expressed the opinion the Farm Board
wheat is not in storage, but has been
loaned to milling companies throughout
the Nation.
”If this be true, it would sustain my
belief that the Farm Board was really
created to prevent high prices of agri
cultural products.” Murray said. "I
challenge the Federal Farm Board to
show fully, truthfully, actually Just
where this stored.” 1 *
Fisb ing Party Encounters Rick Mans!
Cruiser in Long Island Sound With Baby
Alone—Splasb Hints of Drowning.
By the Associated Press. [
STAMFORD, Conn., September 10.—
■ Benjamin P. Collings, 38. wealthy
yachtsman, was reported missing to local
and Nassau County, N. Y., police after
the discovery early today of his 5-year- j
old daughter, Barbara, alone on his
cruiser Fenguin, which was drifting
listlessly in Long Island Sound.
The cruiser was found about a mile
c?T Lloyds Point. Long Island, without
lights, at 2:30 a.m.
Mrs Colling*. wife of the yachtsman,
was found later aboard an uninhabited
yacht in Oyster Eay. Long Island,
where she claimed she had been left
by two gunmen who tied her husband
hand and foot and set him adrift in a
, email skiff after abandoning her on the
The gunmen then left with the Pen-
Senator Would Continue In
come Assessment Also but
Stop “Leaks.”

By the Associated Press.
Enactment of a general sales tax was
proposed today by Senator Reed of
Pennsylvania, a high-ranking Repub
lican on the Finance Committee.
Senator Reed, who is close to Secre
tary of the Treasury Mellon and the ■
administration, advocated a tax of one- -
half of 1 per cent on all commodities.
He said he would retain the present
; income tax also, but would plug up i
some of the "leaks'’ which ho de
scribed as permitting rich capitalists to
evade the income levies.
The Pennsylvanian said he had not
discussed his plan with Secretary Mel- ,
lon, but he arranged to see the Treas- i
; ury head late today.
However, his views were in line with I
those previously expressed by Mellon to !
the effect that the present tax base
is too narrow and new taxes are neces
Opposed to Wood Views.
Senator Reed opposed the views of
Chairman Wood of the House Appro
priations Committee on a proposal to
reduce further expenditures on the
Army and Navy.
Reed said the cost of national de- i
sense has now been cut down close to !
the "danger point." Wood had favored !
J cContinued on Page 2, Column 6.)
Two Companions Also Injured.
Driver of Oil Truck Held
by Police.
Mrs. Galen L. Tait, 50, wife of the
collector of internal revenue at Balti
more, and two woman companions were
injured early this afternoon, when the
| car in which they were riding was in
i collision with a Standard Oil Co. truck
1 at River road and Wilson lane, Mont-
I gomery C&unty, Md.
Mrs. Tait, who lives at Western ave
nue and Ellicctt street, Chevy Chase,
1 Md.. sustained severe shock and body
bruises. Others injured were Mrs.
Richard Barler. 70, and Mrs. Edmund
Bouchelle, 35. both of New York. Mrs.
Bouchelle sustained several broken ribs,
while the main artery in Mrs. Barler's
head was cut by flying glass.
All three women were taken to the
office of Dr. E. G. Bauersfeld, Bethesda.
Md., for treatment. The physician said
Mrs. Barber would have bled to death
if medical attention had been delayed.
The three women were riding in a car
1 driven by Mrs. Emeline Barnhill of
1 Wardman Park Hotel, Mrs. Tait’s cousin.
Mrs. Barnhill and her three children,
who also were in the car, were not in
• The accident occurred as Mrs. Barn
’ hill's machine was proceeding north on
River road. The truck was being driven
: east on Wilson lane. The driver of the
i truck, Charles L. Walters, ■2B, 228 E
, street northeast, was arrested and held
■ at the Bethesda police station.
; guin and their daughter, Barbara, she
j told police
The child was discovered by a party |
I of New Rochelle yachtmen bound on
a fishing trip. The mother was taken 1
| into Oyster Bay from the yacht several |
' hours later, when her screams attracted j
the attention of a Capt. Howard.
The attention of the New Rochelle I
men was attracted to the Penguin be- 1
1 rause it was floating aimlessly with the j
tide and was without running lights, j
At the same time they heard a thrash- (
irg noise in the water about 100 yards
away, as though a swimmer was cx- i
hausted. Two of them set out in a skiff •
to aid the swimmer, but before they I
could reach the spot the noise stopped. |
They could find no trace of a swim- 1
mer. but both are positive there was j
one and that the swimmer drowned.
_ Mrs. Collings is said to have told the
(Continued on Page 2, Column 2.)
Jeff Bowers, Hardware Shop 1
Manager, Found Dying
by Carpenter.
Jeff Bowers. 26-year-old manager of i
a hardware store of the People's chain j
at 1311 Seventh street, was mysterious- 1
j ly shot and killed in the store shortly |
j before noon today.
Bowers was found lying on the floor j
beside the cash register by John Hoff
man. a carpenter, who was repairing a j
i lock in the rear of the store and in
i vestigated a moment after he heard a
| muffled sound which he did not recog
[ nize at once as a gun shot. A single
bullet had penetrated Bowers’ chest.
He died 35 minutes later at Casualty 1
Fail to Find Witness.
Police who responded to a call were !
unable to find a witness who had seen
any one leave the store.
Bowers was married and lived at
j 3539 Thirty-second street, Mount Rai
! nler, Md.
Hoffman said the report he heard had
j a hissing sound, as if a shot had been
fired from a gun equipped with a muff
ler. Police questioned passersby and
occupants of adjoining business estab
lishments in a futile effort to learn if
any one had been seen hurriedly leav
ing the store.
There war. r.o indication of a struggle,
and the money in the cash register was
undisturbed, the drawer closed and a
small sale, which Bowers himself is be
! lieved to have rung up, was still re
! corded on the register.
Bowers was pronounced dead by Dr.
Lee Masters.
Bowers was hit once by a heavy
caliber bullet, apparently fired from
close range. It passed through his
chest and punctured a tin of paint
! on a shelf nearby.
Sheik Disputes Suicide.
From the position of a .32 automatic
shell, believed to have been ejected from
the death gun, police estimated it Would
have been impossible for Bowers to have
shot himself. The shell was found in
a tray of small hardware objects some
15 feet down the counter, behind which
Bowers was standing, and on Bowers’
left. Hardware articles suspended from
the ceiling would have Interrupted the
flight of the shell had it been ejected
behind the counter, police said. The
shell's position indicated it had been
fired by sone one standing In front of
the counter and facing Bowers across it.
Bowers’ own .32 automatic was found
in a closed drawer in the counter im
mediately where he was standing when
shot. The gun had been withdrawn
from its holster, which also lay in the
drawer. Police took the automatic to
headquarters to try to determine if it
had been fired recently.
Bowers was wearing a white shirt,
through w’hich the bullet passed near
' (Continued on Page 2, Column 8.)
Truck Driver Detained on Sus
picion of “Village’’ Strangling.
NEW YORK, September 10 (A s ).—Jack
Hartigan was held without bail today
on suspicion of having slain Catherine
Cronin, the 20-year-old girl found
strangled to death in Hartigan’s Green
wich Village apartm?i>t Monday.
The 24-year-old truck driver said
they both had been drinking “pretty
much.” but he denied having caused
her death^.
The only evening paper
in Washington with the
Associated Press news
Yesterday’s Circulation, 109,320
Means Associated Press. TWO CENTS.
i Moves to Tear Down Termi
nal as Company Plans to
Seek Reimbursement.
Owner Asks Injunction to Prevent !
Government From Molest
ing Rails.
While the Mount Vernon, Alexandria
& Washington Railway made plans to
day to tak? its fight for reimbursement
for its tracks in the new Federal Tri
angle to the courts and Congress, the i
Treasury Department moved to tear
down the railway terminal and exca
vate, in at least one spot, a Federal
building foundation around the tracks.
Following a conference between Gov
ernment and railway officials yester
day afternoon at the Treasury, it was
decided by Robert L. May, owner of the
railway, to attempt to hold on to his J
rails through court action, even though
the Government steam shovels are
eating into the ground around his
tracks for new Federal structures. He
is contending for pay for his loss.
Seeks Reimbursement.
Mr. May, through his attorney,
Gardner L. Boothe, has decided to
press for a hearing on the injunction
filed months ago by the railway, which
would prevent the Government irom
molesting his rails until compensation
is paid for the loss to the line. Such
compensation could not be paid out of
appropriated funds, it was held by Con
troller General McCarl. arid compensa
tion thus muse coihe from Congress, if .
the railway is to be reimbursed. Con
gress meets for the short session in
May feels reasonably certain that he
can get the injunction granted, but it
i will be opposed in court by the Treas
| ury Department. The injunction peti
i tion was filed months ago, but has never
I been heard by the court,
i Action is being taken, however, by the
Treasury Department to dear away the
j site of the Post Office Department and
' plans are under way to tear down the
railway terminal at Twelfth and Penn
sylvania avenue. Formal notice has
■ been served to vacate the building Sep
i tember 23. Mr. May said that at the
Treasury conference yesterday it was ;
indicated that the terminal will have
to be vacated within 60 days. Demoll- !
tion of the terminal, it was learned, is
; included in the specifications for which i
j bids will be opened September 18.
j Two alternate bids have been asked '
i of contractors for the excavation job.
one of them providing for excavation of j
the entire site, including the railway
tracks, and the ether, providing for ex
cavation of all the site except the
tracks, leaving the tracks themselves
with excavation on both sides.
It was considered likely in view of
May's decision to press for the injunc
tion that the Treasury would either
have to wait until the judge gave his
decision on the injunction before let- .
ting contract, or would go ahead
and let contract to dig around the
tracks. The specifications. it was
learned, call for maintaining the right
of-way for 120 days, within which time,
it was evident, the Treasury expects
there will be some conclusion to the
| May, and his attorney. Mr. Boothe.
; were of the opinion today that noth
l ing will prevent the eventual abandon
j ment of the entire trolley line, unless
I the committees representing Washing-
I ton and Alexandria trade bodies are
j able to secure permission for him to
reroute his cars across Pennsylvania
avenue with a terminal to the north
of the Avenue.
May reiterated his stand which he
took when the matter first came up
j that he had no desire to abandon the
line if a suitable terminal could be
provided, but that he felt it would be
useless to try to operate his cars if they :
; were not allowed to come any further
j north than Constitution avenue, for
; merly B street, or possibly required to ‘
stop in the vicinity of the Treasury
The street car owner, who also owns
the bus line to Alexandria, will b? faced
with the necessity of purchasing about 18
additional large passenger buses if the !
trolley line is abandoned. These buses, J
however, would only be used during j
periods of peak traffic, and for that
reason he would rather retain the street 1
car line. It is felt that even though
the rails are taken out of the Federal
triangle a line will probably be con
tinued through 1932 because of the an- j
ticipated traffic during the Bicentennial
Legislation May Be Necessary.
Legislation by Congress and court
action will both probably be necessary
before the matter is finally adjudicated.
Mr. May stated this morning that while j
a figure of $200,000 for his loss has been
mentioned from time to time, it will I
really be a matter for the courts to de- j
cide exactly how much his line will be ;
(Continued on Page 2, Column 7.) I
Grant’s Protest Fails to Save Assistant Who Lacks
Status, and Substitute Will Be Chosen.
The Civil Service Commission has de- ,
prived Lieut. Col. U. S. Grant, 3d. who j
acts as executive officer of the National
Capital Park and Planning Commission
in addition to his many other duties,
of one of his assistants and ordered that
another be brought under civil service
status, it was learned today.
Despite protests from Col. Grant, in
charge of public buildings and public
grounds, the Civil Service Commission
has directed that George A. Ricker, in
dustrial consultant of the planning
commission, be released, as he has no
civil service status. Col. Grant has had
to bow to the commission's wishes and
Mr. Ricker has been detached.
Mr. Ricker’s job included conferring
with Arlington County, Va., and other
Old Dominion authorities, on Industrial
and other matters and laying before i
Justice Agents Probably Will
Give Grand Jury Evidence
on Tuesday.
Five First Precinct Policemen to
Be Arraigned Before Judge
Wheat Tomorrow.
Additional evidence of police brutal
ity. allegedly inflicted on prisoners
reluctant to ‘'talk." will be presented
! to the District grand jury by the De
partment of Justice early next week,
it was indicated today.
Justice investigators, expediting their
inquiry with the aid of extra agents,
are said to be preparing “several”
striking cases involving alleged third
degree tactics for action of the grand
jury, probably Tuesday. It is under
stood the exact number of cases pre
sented will depend on investigative de
velopments over the week end.
Present indications are that the num
ber may not exceed that composing the
first group of cases offered to the In
quisitorial body last week. ir. which in
dictments were returned against five
; policemen of the first precinct. The
accused officers will be arraigned to
morrow before Chief Justice Alfred A.
Wheat of the District Supreme Court.
They are under bend of SI,OOO each.
Hope to End Probe Next Week.
It is the hope of Justice officials to
complete grand jury phases of the third
drgiee investigation before the end of
next wpek. An effort will be made to
finish the entire probe within a week
, cr 10 days, despite receipt in the past
f:w days of several additional com
plaints requiring further investigation
Approximately a score of special
agents of the Bureau of Investigation
are engaged in the searching inquiry,
which extends into virtually everv pre
cinct in the city. The agents are re
ported to have uncovered evidence of
alleged third degree practices in most
of the police stations, dating back over
a period of years
Seme half a hundred separate in
stances of alleged cruelty in connection
with ' questioning'' of suspects arrested
by police in a wide variety of crimes
have been called to the attention of Di
rector J. Edgar Hoover and his staff, it
;is said. Many of these could not be
corroborated sufficiently from the
i standpoint of legal evidence to warrant
grand jury action, however. v
Officials Make Denial.
j In delving Into the widespread charge*
the Government operatives are known
I to have interviewed many police officials.
All have denied knowledge not only of
i the specific cases under investigation,
but of the existence of a third degree
! system in the Police Department. No
definite evidence to contradict these
denials has been received, it is reported.
As matters now stand, it appears that
criminal action will be taken only
against policemen of the lower grades
i charged with actual wielding of "in
struments of torture.” such as rubber
hose, wooden clubs and bare fists.
In its final report, however, the De
partment of Justice may include dis
closures made with respect to certain
"higher-ups” in connection with their
administrative activities.
The grand jury is said to be in a
mood to inquire thoroughly into admin
istrative angles of third-degree abuses,
with a view to ascertaining if official
biamo should be meted out.
Policemen to be arraigned tomorrow
are Detetcive James A. Mostyn and Po
licemen William R. Laflin. William T.
Burroughs, William C. Grooms and
George E Perry. All are charged with
assaulting one or more prisoners at
the first precinct station house August
21 and 22.
Gibson Calls on Crosby.
Representative Ernest Gibson of Ver
mont. who has taken an active part in
! several investigations of the Police
Department since coming to Congress,
! today called on Commissioner Crosby,
but declined to reveal the purpose of
j his visit.
The Commissioners were in confer
ence. discussing the police situation,
when Mr. Gibson arrived at the District
Building, and he talked briefly with
(.Continued on Page 2, Column 4.) *
—: •
$41,000,000 Mailed to 408.000 by
Bank of United States.
| NEW YORK, September 10 (/P). —
! Checks totaling $41,000,000 were to be
mailed today to the 408.000 depositors
of the Bank of United States who are
not also stockholders.
The money represents 30 cents on the
depositors’ dollar. State Supt. of Banks
Joseph Broderick recently levied an as-
I sessment o{ $25 a share on stockhold
ers. In tha case of stockholder-deposi
tors this assessment will be reducted
i from the payment on their deposits.
business leaders the commission's plans
! for developments here. Mr. Ricker took
a major part in proposing plans for the
improvement of the Rosslyn. Va., water
front as well as endeavoring to persuade
the Board of Supervisors and other
j authorities to further the interests of
! the George Washington Memorial Park
| way, along the Potomac River, near the
I city.
The Civil Service Commission also
has called for an examination for the
post of secretary of the National Capi
tal Park and Planning Commission.
; Thomas S. Settle, local attorney took
! the job on a temporary basis for six
months, succeeding the late Pted G.
<IC Idrtn, who retired because of ill
nealth. He will take the examination
u along with other applicants for the post,
i The commission today announced
! that the date for having all applications
in is September 29. The post pays
$4,600 annually. This will not be an
assembled examination, the commis
sion asserted, but applicants will t»
1 education and experien^*.

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