Newspaper Page Text
U. S. Ending Aid to Munici
palities to Compete With Private Companies. BY DAVID LAWRENCE. Evidence is accumulating that the Roosevelt administration ie gradually changing Its policy toward privately owned public utilities. Instead of using public funds indis criminately to aid municipalities to compete with private companies, thus forcing the latter out of business, the Federal Government now has laid down th* rule that if local rates are reduced by existing companies, there will be no Federal money granted for municipal construction of plants to compete with them. Private Company Harmed. Hitherto, private companies have bwn faced with the prospect that municipal plants, immune from Fed eral and State taxation, would otter low rat»s which could not possibly be maintained for any length of time and yet the private company would have been, in the meantime, forced out of the field. It begins to look now as if the Fed eral Government will examine care fully into rates and conflicting claims of low-cost operation when a muni cipal project seeks Federal aid in com petition with a private company. Already, in a number of instances, the Public Works Administration has rescinded its approval of loans it in tended to grant to municipalities. Notable amonfc these is the revoca tion of an allotment of $4.000,000 on the Verde power development in Ari zona and a recommendation that the Citv of Columbus. Ohio, withdraw its application for funds to finance a power plant. The reason given in the one case was that the investment couldn't he liquidated in the time spe cified and in the other that the Colum bus Railway, Power & Light Co. had agreed to reduce its rates. "We make it a practice." says Ad ministrator Ickes "before approving a loan, to give the company an oppor tunity to put into effect rates at least as low -js thaw at which the muni cipal system will be self-liquidating. Several utility companies have ac cepted th" opportunity. A ,antage«u* to City. "It is obvious that, in such ca-ses. It is advantageous to the city and the Ρ W V that the offer be accepted and the applications withdrawn. To make loans and grants to finance proj ects where the competitor offers rates which are lower than those possible bv the city plant would duplicate fa cilities without any social betterment and impose on the city a burden which it probably could not meet without resort to taxation. Furthermore, the public works will be free to use ite funds to better advantage elsewhere." The P. W. A. will not retire from a •situation unless there is legal assur ance of permanence of rates on the new basis, but this involves the ques tion of what the State utility com missions may have to say about such commitments. But the whole problem of whether the Federal Government shall con tinue to subsidize local power plants or to stimulate their competition with the private companies depends on how costs are figured. It is apparent that. Instead of taking any figures that are offered. Independent investigations will be held and, if necessary, public hear ings All thU is a different approach from that which prevailed several months ago under the New Deal. It does not mean that the administration has abandoned its policy of stimulating local competition, but that the policy will not be pursued as brusquely as In the past and that due regard will be given to actual coets. Cause Found in Wire. Just what has caused the adminis tration to recede somewhat from its earlier view has not been explained, but it is hardly any sudden interest in the power companies or their in vestors. Rather is the reason to be found in a telegram, such as was re ceived by Administrator Ickes from George J. Leahy of the National Job Saving and Investment Protection Bu reau for the Coal Industry, which reads as follows: "The coal industry of the country. mine workers and mine owners alike, heartily approve your action In re voking allotment of four million dol lars to Verde irrigation and power project of Arizona, ultimate cost of which was estimated at $19.000.000. but actually determined by your board of review to be i29.000.000. This is the first ray of hope that our industry has had that there might be a let-up in the hydro-electric program that threatens us with the loss of millions of tons from our coal markets and thousands of additional idle miners. Can you not consistently take the same action in regard to Loup River project in Nebraska, Casper-Alcova project in Wyoming, and others equally unjustified by economic facts?" I There is every reason to believe the coal industry and the miners of the country have made their protest felt. 'Copyrieht. I»:t4 ) WOMEN'S PEACE LEAGUE TO SUPPORT MRS. O'DAY Organization Favors House Can didate for Whom Mrs. Roose velt Will Stump. The Women's International League for Peace and Freedom will throw its nupport behind the House candidacy of Mrs. Daniel O'Day of New York, for whom Mrs. Franklin D. Roosevelt has decided to take the stump. The action, taken by the league's national board, marks the first time in the organization's history that it has openly supported a candidate for Office. The announcement said Mrs. O'Day, a member of the league, had taken an "absolute stand for peace" and that because "of her high ideals and her great ability," the league would con duct a "whirlwind campaign" in her behalf. '■ · CULPEPER PETITION ASKS LIQUOR BALLOT By the Associated Press. CULPEPER. Va., October 25.—A petition requesting an election in January on the question of whether m le of alcoholic beverages shall be permitted in Culpeper was presented to Judge Alexander T. Browning of Culpeper County Circuit Court yes terday. There were 201 names on the paper and its sponsors estimated that 185 signatures of qualified voters was sufficient to cause the election for the town to be ordered. Judge Browning appointed two local attor neys. £. E. Johnson and Burnett Mil ler. Jr., to examine the signatures. The petition requests a vote on the Issuing of wine and beer licensee, as well as on operation of State liquor stores. ! I What's What Behind News In Capital Graceful Way Out of Sinclair Muddle Is Sought by Party. ι · BY PAUL MALLON. THERE has been some whisper ing and planning about clear ing up the White House stand ing of that Democratic step child. Upton Sinclair, before California goes to the polls. The whispering is among those who are high enough in the administration to plan its business. They believe en erroneous publie impression u<at created by Presi dent Roosevelt's Ant meeting with the Ε. P. I. C. Californian. They will even tell you off the record Mr. Roosevelt himself is restless about it. The President's plan was to see Sin clair briefly at Hyde Parle in the pres ence of two or three other persons. However, he was so charmed by the fluent Sinclair that the conference lasted an hour and a quarter, and later word came out that the meeting was "wonderful." The natural deduc tion was that Mr. Roosevelt wanted Mr. Sinclair elected. That Impression was strengthened by the way Messrs. Parley, Hopkins, et al. took the new comer into the fold. View Difficult to Change. It would be exceedingly difficult for tne wnite House now to change that idea, because Mr. Roosevelt must maintain the historic pose of taking no hand in local election contests. But don't be surprised if some deli cate means is found of correcting the misimpression. For instance, if Mr. Roosevelt should be asked whether he Intended to take part in the California situation, he could answer no. Then, if asked whether he would vote for Gov. Lehman, he could answer yes. That might do the job. Or it might be enough for Senator McAdoo or George Creel to say he is going Ashing on election day In California. (Mr. Creel has been act ing suspiciously, as if he intended to come out against Mr. Sinclair openly J At any rate, keep your eyes open for something along this line. Incidentally, the chiefs of the Democratic command are not very much Impressed with the caliber of men they expect to get out of the coming election. This does not refer to the large proportion of Democratic congres sional candidates, but to a feiv wild and woolly ones who are hell raisers of no particular experience or standing. Few Real Statesmen, A head man of Democracy recently returned from looking them over out in the country and confided to a friend: "There aren't manv statesmen in the lot and they are goine to be harder to handle than a flock of wild men." The Democrats at O. H. Q. heard only a few days ago that they had an excellent chance to accomplish the impossible by defeating Repub lican Senator Austin in Vermont, where even the rocks have always been considered Republicans. As a result, there has been some cagey strategy developed and some money raised. The money is being used to cir culate through Vermont an 11-page booklet, entitled: "What Austin Has Done for Vermont." The 10 suc ceeding pages, of course, are va cant. Not a single word adorns them. It « not a new campaign trick. Some New Dealer was reading his tory and found it had first been done in Andrew Jackson's time, or there abouts. Harriman Was Right. Investigation shows that President Harriman of the Chamber of Com merce was right the other day when he said he saw not a single newsman after his conference with Mr. Roose velt. That may help to clear up some of the misunderstanding with the White House. Another recent error was the prophecy that MacFadden's new po litical magazine would be out around the first of the year It came out the very day the prophecy was pub lished. which shows faster action than mMt columnar nrwltptinnit Errors usually run In threes, but the third one has not yet developed. The Russians and Germans ure having a little private verbal war of their own over who killed King Alex ander. Each is trying to blame the other. Isvestia recently carried a lead article toying the Nazis had a hand in it. Berlin was infuriated, and Goer'ng, premier of Prussia, hinted there was reason to think the So· viets man have been implicated. Now the Moecow press has gone on the rampage. Says Pravda. "The German Fascists specialize in state ments that astonish the wofld. Their flights of fancy surpass those of the celebrated Baron Munchausen." President Roosevelt's new pet stat istician these days is Dr. Willard Thorpe, recently Installed in N. R. A.'* J research and planning division. He is the brain truster refused confirma tion by the .Senate as head of the Bureau of Foreign and Domestic Com merce. F. T. C. probers are now writing a Ave-volume report covering their six year inquiry into all phases of the utility interests. It will go to Congress in January with recommendations for legislation. (Copjrritht. 1Η.Ί4.) WOMAN, 55, ENDS LIFE Mrs. Julia T. Wise Dies of Gas Poisoning in Home. Mrs. Julia T. Wise. 55. committed suicide with illuminating gas late yes terday in her home in the 1000 block of Evarts street northeast. She was round in the gas-filled kitchen by her husband, Charles S. Wise, when he returned home shortly before 5 p.m. Despondency, due to ill health, was Jlamed for the act. Mrs. Wise left a note telling of her Intention to take 1er life. A suicide certificate was is sued by Coroner A. Magruder Mac Donald. * FM I. SPRAGUE, EDISON AIDE. DIES Week's Illness Fatal to One of Foremost Figures in Engineering. Br the Associated Press. NEW YORK, October 25.—Frank J. Spargue, engineer and inventor, who for a time was assistant to Thomas A. Edison, died of pneumonia today at his home, 40 Went Fifty-fifth street. He was 77 years old. He had been ill only a week. Mr. Sprague was a pioneer in rail way electrification and equipped the first modem trolley railway in the United States at Richmond, Va., in 1887. For years he was engaged in promoting underground rapid transit. Born in Mllford. Conn.. July 25. 1857, he was graduated from the United States Naval Academy In 1878. He received degrees from Stevens In stitute and Columbia' University. Made Study for Navy. After his graduation from the Naval Academy, he was a member of a jury at the Crystal Palace Exposition in London. England, where he had charge of tests of dynamo-electric machines, gas engines and electric lights, as re ported to the Navy Department. He -ontlnued his electrical studies and ex periments at Stevens Institute, the Brooklyn Navy Yard and the United States Torpedo Boat Station at New port, R. I. In 1883 Mr Sprague re-signed from the Navy to devote his time to elec trical work, and it was at this time that he became an assistant to Edison. He founded the Sprague Electric Railway Si Motor Co. In 1884. and this company, using his constant speed electric motor, was the first to engage in the general manufacture and intro duction of industrial electric motors. Among his inventions was a pilot con trol of industrial and other motors. Work Known Abroad. After equipping the trolley railway at Richmond, he equipped similar railways in Florence. Italy; Halle. Ger many, and more than 100 other rail ways in two years. He developed an alternating current induction smelting furnace, and also high speed and house automatic elec tric elevators. He invented a method of operating two elevators on the same rails in a common shaft, and accel eration control of car safeties. Mr. Sprague also invented the mul tiple-unit system of train control, which is now in general use. and a system of regeneration used on moun tain electric railways and on high speed electric elevators. Another of his inventions was a system of auto matic signal and brake train control to enforce obedience to signals. Dur ing the World War he was engaged in the development of fuses and air and depth bombe. Headed Engineer Group. He was a past president of the American Institute of Electrical Engi neers. and had received numerous honors for his work. Among them was the gold medal at the Paris Ex position in 1889 for electric railway development, the Elliott Cresson medal of the Franklin Institute in 1904 for his multi-unit system, the grand prize for "invention and development in electric railways" at the St. Louis Ex position in 1904. the Edison gold medal for "meritorious achievement in elec trical science, engineering and art" in 1910. and the Franklin medal in 1921 "for fundamental inventions and achievements in electrical engineer ing." Surviving are his widow, the former Harriet Chapman Jones of New Hart ford. Conn., and four children. Robert T. Sprague of Williamstown, Mass.; Desmond Sprague. Stratford. Conn.; Julian K. Sprague. Toronto, CanaJa. and Mrs. Frances Althea Tucker. New Canaan, Conn. AIRPORT TRAFFIC LIGHTS STILL STaY Signals Erected to Guard Autoists to Remain Unless Army Removes Them. If the traffic lights safeguarding the Military road crossing at Wash ington Airport are removed, they will have to be torn down by the Army, it was indicated today. In a letter to Col. Kenyon Joyce, commanding officer at Fort Myer. Va., who has jurisdiction over Military road, Samuel Solomon, general man ager of the airport, said that while he lacked specific authority for erect ing the lights, he had done so to safeguard lives and property. He expressed the hope the lights would be permitted to remain and that the Army would co-operate by requiring drivers of military vehicles to obev the lights as the public has done voluntarilv Col. Joyce refused to make any statement on the situation. He said no decision on the fate of the lights has been reached and that no an nouncement of a decision would be made at Fort Myer. He indicated that when a decision is reached it will be communicated to Solomon and that if it is to be made public it will have to be made public by the air|x>rt management. "We are not going to try this case in the press." Col. Joyce said. In the meantime the whole question of the future of Washington Airport has been laid by Solomon before the Federal Aviation Commission, with a request that the commission recom mend to Congress a plan for estab lishment of a permanent, model Fed eral airport for Washington. KINGSFORD^SMITH DELAYED BY WINDS Australian Flyer Plans to Re sume Trans-Pacific Flight With Honolulu Hop Monday. Br the Associated Pre*». SUVA. Fiji Islands. October 25.— Sir Charles Kingsford-Smith, Aus tralian flyer, said today he would not attempt to assume his trans-Paclflc flight until Monday. The flyer and his navigator. Capt. P. G. Taylor, hoped to take off today for Honolulu, but a strong cross-wind made it dangerous to attempt to lift the Lady Southern Cross with Its heavy load of fuel. The pair flew to Suva from Bris bane, Australia, Sunday. Phone Lines Underground. Because of heavy damage by recent storms 35 important telephone lines In France have bacn placed under ground· A Vanderbilt Child Prefers Aunt to Own Mother GLORIA VANDEKBILT. —A. P. Photo. MRS. HARRY PAYNE WHITNEY. GLORIA PREFERS LIVING WITH MINI Tells Justice She Had Good Times at Mrs. Whit ney's Home. By the Auociited Pre*». NEW YORK, October 25—The Times says 10-year-old Gloria Van derbilt doesn't want to live with her mother. Mrs. Gloria Morgan Vander bilt, but wants to remain with her aunt. Mrs. Harry Payne Whitney. That, the paper says, is what she told Justice John F. Carew of the Supreme Court yesterday, when the jurist questioned her in his chambers. Justice Carew has been presiding in the habeas corpus proceedings brought by Mrs. Vanderbilt to regain custody ol Gloria. The hearing 1« being con ducted en cernera. The Times says the child told Jus tice Carew she has been having a good time since she went to live with her aunt at Westbury. Long Island, two years ago. Before that time she lived with her mother, mostly in Lon don and Paris. She told the judge she doesn't remember much of those years, except that she moved about a great deal and had no one to play with regularly except her nurse. Since living with Mrs. Whitney she has a number of cousins her own age to play with and has a pony. The Times says the child made it plain she does not dislike her mother but had not seen very much of her. Mrs. Vanderbilt was expected tc testify yesterday in the habeas corpus proceedings, but was too overcome tc continue. Session» will be resumed today. INFLATION HELD INJURING WORTHY Princeton Professor Say* Great est Debtors Are Stock holders. By th* Atsociated Pre»». NEW HAVEN. October 25 OP).— The present inflationary tendency li Injuring the country's most worth; people. Prof. Edwin W. Kemmerer ol Princeton, international monetary ex pert. said last night. In his prepared address before about 1.000 Crusaders at a mass meeting held at Yale University. Dr. Kem merer asserted: "By cheapening the value of the dollar, in which all debt; are payable. Inflation obviously tend! to relieve the debtors at the expense of the creditors." The Crusaders are a non-pert Lsar group whoee aims are to maintain s 1 sound currency and oppose measure." of the present administration which may be detrimental to business. Dr Kemmerer's address sounded the opening note of an Intensive drive for members. The Walker professor of Interna tional finance at Princeton said: "The greatest debtors in the United States on long-time account are not the farmers but the stockholders of our corporations * · * and the greatest creditors are the people who own the bonds of the corporations. "Inflation resulting in a heavy de preciation of the dollar is causing much injustice to a large proportion of the country's most worthy people. "The sad irony of our financing ex travagant Government expenditures, through the mechanism of Inflation, is this fact that in a subtle way the Government is financing Itself largely out of the endowment of the Nation's public institutions and out of the life Insurance policies and savings of the poor." Dr. Kemmerer said the recent silver legislation calling for a broadening of our metallic money base by the pur chase of silver will be perfectly useless from a monetary point of view. "With the price of sensitive com modities already moving strongly up ward." he said, "and with powerful Inflationary groups both In Congress and out. still loudly clamoring for more and ever cheaper money and credit, is there any wonder that busi ness confidence continues low?" LIQUOR STORE HELD UP John M Davis, operator of a liquor store at 425 Tenth street, was robbed of $25 last nlghi by a bandit, who, after looking at several bottles of liquor, drew a pistol and demanded the contents of the cash register. Davis handed the man the money and the robber ran from toe store. ♦ Mussolini Orders Dignitaries j Τ ο Military Duty at Exposition ! By the Associated Press I ROME, October 25.—Premier Mus solini took another step today to let his cabinet ministers and other high officials know their jobs do not con sist in simply wielding pens. Members of the government and the Grand Council of Fascism were or dered to do guard duty at the National Fascist Exposition Sunday, just be fore its close after two years of existence. The guards will march to the ex position building la uniform and Uand holding a rifle, with bayonet at tached. at the portals until their trick is over Marquis Gughelmo Marconi, In ventor of the wireless; Gen. Iialo Balbo. now Governor of Libya, and i I other high dignitaries form pert of the Grand Council, but the order» did not reveal whether the entire membership would be railed out. The announcement that "the |ov ernment" will furnish some of the guards leaves the way open for Mus solini himself to do a short trick, ι In addition to being premier, he is min ister of foreign affaire, the interior, j corporation», war, marine and avia- ! tion.) During war maneuvers in August Mussolini advised his ministers to j put on uniforms «nd join the troops. Provincial prefects stood guard at the exposition a few days ago and the Governor of Rome was to be a sentinel today. Nearly 4.000,000 per sons have witnessed the exposition. IMPASSE REACHED : IN GAME W Threat of 5-Cent Price Cut, However, Made by Inde pendents. Washington's current gasoline price war reached a stalemate today when bi'h the major companies and the independent dealers awaited the other1» quotations before announcing their own. with the result that r.o reduction was made by either group when business opened this moraine The threat of a substantial cut. however, continued as leaders among the so-called independents attempted to obtain united action In a cut that would severely hit their competitors. A spokesman for the independents 1 said that if a sufficient number of dealers enter the agreement a cu of 5 cents or more would be posted tome time today. The Independents contend the larger companies are trying to de stroy the 1 cent diflerentiai they have ; enjoyed below the price charged for the widely advertised brands. The chain organizations, on the other hand, declare the reductions are dic tated by a surplus of gasoline. Standard Oil retained its price of 12'·? cents and led the way for the larger distributors. One officiai of the company here said he had expected a reduction this morning, but prices are dictated from the New York office. The Independents were selling for 11 Vi and 11 cents and virtually all of them insisted on at least a cent lower quotation. The threat of a larger reduction, if materialised, wlil drop the retail price to 5 or 6 cents, including the Dis trict tax. A decision was expected to be made early this afternoon and it was Indicated that the number of dealers willing to take the loas will 1 determine whether the drastic cut I will be made. Washington Committee on Housing Accepts Resigna tion—Successor Named, j Resignation of John Ihlder &.» sec retary of the Washington Committee on Housing to become executive officer of the District of Columbia Alley Dwelling Authority, was announced today by Clarence Phelps Dodge, chairman of the committee. Mr. Dodge said Ihlder's place with the committee will be taken by Flor ence D. Stewart, formerly secretary of the Housing Committee of the Washington Council of Social Agen cies. In announcing the change, Mr. Dodge said: "The Washington Committee on Housing has just accepted with deep regret the resignation of John Ihlder as secretary of the committee. Mr. 1 Ihlder has left the committee to take up his duties as executive offlcer of the District of Columbia Alley Dwell ing Autk»ority. "Mr. Ihliler's experience and achievement as a city planner and housing worker in many cities places him among those foremost in the housing Held. His intimate knowledge of Washington, especially of Its slum areas, will be of tremendous value in eliminating Washington's inhabited alleys and replanning them so that they may be converted into useful areas." Members of the committee include: Mrs. Franklin D. Roosevelt, honor ary chairman, Mr. Dodge, chairman: Mrs. Anne Archbold. Mrs. Robert ! Woods Bliss. Rev. Robert W. Brooks. James A. Cobb. Frederic A. Delano, ί Mrs. C. Carroll Glover, jr.; Col. U. S. Grant 3d; Mrs. Archibald Hopkins, Maj. Campbell C. Johnson, Stanton C. Peele. Rev. Anson Phelps Stokes 1 and J. Bernard Wyckofl. Marriage Plans Hit Snag The marriage plans of Ellen McAdoo and Rafael Lopez de Onate, 38-year-old actor, struck three snags after they had filed notice of intention to wed on October 22 in Riverside, Calif. The county clerk «aid no license would be issued until De Onate could prove he was a Caucasian. Her mother announced "there are no marriage plans right now" and her father's law partner announced that "Mr. McAdoo does not approve the marriage." Miss McAdoo te the daughter of 8«nator William Oibbe Mc Adoo of California and his foreer wife, the daughter ot President Woodrew Witeon. " —A. P. Photo. A MRS. GLORIA MORGAN VANDERBILT. —A. P. Photo. PERSIANS ARREST U. S. DERBY FLYERS Wright and Polando Charge Mistreatment—Lose Out on Prize Money. By the Associated Preu. BAGHDAD. Iraq. October 25.—John H. Wright and John Polando took off from Shaiba, Iraq, early today for Karachi. India, after giving details of their unhappy experience as the pris oners of Persian authorities for more than 24 hours. The American flyers in the Mel bourne Derby were forced down Tues day. Wright, in a telephonic conversation with the Associated Press, said "what causes me anxiety is that we again have to fly over Persia Heaven knows what will happen if we are forced to land again. "We had a devilish experience day before yesterday. We were compelled to land because of trouble with our fuel supply The Persians were greatly excited. Some helpful Britons hid me away, but the Persians got hold of my colleague Johnnie (Po lando), who was placed under police guard. Refused Drink of Water. "They wouldn't even give him a drink of water. Later I joined him. so we suffered together. We did our best to point out there was no pos sible reason for our arrest, since the passports were visaed by the Persian Legation in London, but they would not listen. "We spent a most unpleasant night. Yesterday the Persians thought better and released us. I believe our British friends were chiefly responsible for our release. We flew back to Basra t Iraq ). where we had the best possible treat ment. "It makes us furious to think our detention in Persia removed all pos sibility of getting a good place in the handicap race. I guess the people of America will have something to say about it." BRITONS PLACE FOURTH. Jonc· and W&Uer Reach Melbourne As Nine Planes Trail. MELBOURNE. October 25 (JP) — England took fourth ax well as first honors in the Englahd-to-Melbourne ■peed race today when Cathcart Jones and Ken Waller landed at 2:54 p.m. (11:54 p.m. Wednesday Eastern stand ard time) on sun-flooded Laverton Field. Their English plane is a duplicate of the one in which C. W. A. Scott and T. Campbell Black won first place (a De Havilland comet). Amer ican-built planes finished second and third. The appearance of Jones and Waller relieved anxiety occasioned by a lack of news from them after they passed over Cobar this morning. Mar Win a Prime. Although they took fourth place in the starting field of 19. Jones and Waller will not win a prize unless the Dutch pilots. K. D. Parmentier and J. J. Moll, who finished second, win a handicap prize and choose it in preference. Nine plane* Including that of John H. Wright and John Polando of America, stuck to the long derby route today in the wake of the four finishers. Wright and Polando. who were arrested by Persian guards when they landed near the Turco-Persian border, took off today from Shaiba, near Basra, Iraq, for Karachi, India. They lost 24 hours and all hope of winning handicap money. MacGregor In Fifth Place. In fifth poeition was Squadron Leader Malcolm MacGregor -of New Zealand, veteran pilot who took off this morning from Ranibang, Lombok, for Port Darwin. Australia. J. E. Hewett and C. E. Kay, also of New Zealand, left Singapore. A close race was on between Squad ron Leader D. E. Stodart of England and Lieut. M. Hansen of Denmark. Both planes left Rangoon. Burma, the Britons about two hours ahead. C. J. Melrose of Australia arrived at Calcutta this morning earlier than tie was expected. Chemical Trade Gains. Spain's foreign chemical trade has been increasing for two years. Express Busses Talked. Glasgow. Scotland, may have ex press bus service to its new municipal bouses. % 1 RAIL An FACING HIGH COURT TEST Appeal From Invalidity Rul ing Here Is Certain for Pension Law. By the Associated Press. An eventual te«t in the United States Supreme Court of the New Deal pension system (or railroad em ployes was regarded as certain today u a result of the action of the Dis trict Supreme Court yesterday declar ing the legislation unconstitutional. Although an appeal by the Gov ernment is regarded ω a certainly, the decision of the District court served to stimulate a sluggish stork market, rail shares leading a brisk advance yesterday with a jump from $1 to $5. "The act is unconstitutional be cause it extends its provisions to per sons not engaged in interstate com merce," declared Justice Alfred A. Wheat in his opinion. Fifth Amendment Held Violated. The American Railway Association in its attack upon the law averted it affected many employes who were engaged only in Intrastate commerce and that it violated the fifth amend ment by taking property without due process of law. Passed in the closing days of Con gress. the pension bill had much the same legislative history as the Frazier Lemke farm moratorium measure. Ad ministration leaders had neither bill upon their program, but a coalition, which included Senator Lone. Demo crat, of Louisiana and Senator Dill, Democrat, of Washington, put both measures through. The Frazier-Lemke bill since has been held unconstitutional by a Fed eral court in Maryland. Held Loosely Worded. President Roosevelt in signing the measure said it was "loosely worded" and would require amendmAU next seasion. Justice Wheat referred to it by quoting Mr. Rooeevelt. "The natural reluctance which a judge feels when compelled to hold an act of Congress unconstitutional." he said, "is in this case somewhat tempered by the fact that the act seems not to be satisfactory even to some who favor it in principle and purpose." The pension act. which bore the name of Representative Crosser. Dem ocrat, of Ohio, provided for retire ment with pay of railway employes who had reached the age of 65 or who had served for 30 years. Both em ployes and employers were required to contribute to a fund for the pensions, but the carriers' assessment was about two-thirds of the sum. 154 Roads Enter Battle. More than 150 railroads were rep resented in the legal assault upon the act. In addition to the challenge on constitutional grounds, they claimed the financial burden on the carriers would be $60,000,000 the first year of the law s operation, and the railroads were in no condition to stand added levies. Justice Wheat also said the pension act provided for re-employment by the carriers of men previously In rail road service, and that this prior ser vice was to be counted as part of the time which entitled them to pensions. The evidence, he said, showed more than 1.000.000 former employes might be affected. "To require the plaintiffs to eon tribute huge sums of money to be devoted to the payment of pensions based upon service long since com pleted and fully paid for," Justice Wheat said, "seems to me to take their property without due process of law. I am constrained, therefore, to hold that the act is unconstitutional." The law was to have been admin istered by a Railroad Retirement Board of three persons, headed by Murray Latimer of New York, the Government's representative. The ef fect of the decision was to restrain the board from proceeding toward get ting up the pension fund pending a final test of the legislation. D· C. BAS CALLS CITIZENS' MEETING TO WAR^ON CRIME 'Continued[ Fron, r<7st P^, and released them all after convinc ing themselves they could shed no iurther light on the case. Haien Demands Drive. Commissioner Hazen. who sum moned Maj. Brown to hi* office yes terday to discuss the case, said today he expected the Police Department to wage a campaign of "constant ha rassment" on large gambling houses. Handicapped by the present laws, which make it difficult to obtain court convictions on gambling charges, the police are under orders to raid as often as possible and to follow the gamblers from location to location. Hazen said he is planning to confer soon with Maj Brown. Senior Judge Gus A. Schuldt of Police Court. Dis trict Attorney Leslie C. Garnett and Corporation Counsel Ε Barrett Pret tyman regarding ways and means of putting down gambling In the District. Garnett today denied a published report that representatives of his of fice had been approached by gam blers with an offer t<· turn In the slayers in exchange for a let-up in the campaign on gaming. Funeral services for Wilson, who ta survived by his wife and three young children, will be held tomorrow at 8 a.m. from St. Michael's Church in Silver Spring and burial will be In Mount Olivet Cemetery. POLICE SEEK STABBER AFTER CARD ARGUMENT Headquarters detectives today were seeking a man who last night stabbed Okey J. Wofter 27, a Pennsylvania Railroad Co. employe. Wofter. founo about 11 pm. on the front steps of his rooming house in the 100 block of Ε street with a stab wound in the neck, is said by police to have refused to give any informa tion on the stubbing, except to say he was scabbed while passing through the hallway in the house. Police claim, however, that their in vestigation disclosed Wofter had been stabbed by a man with whom he had an argument after playing cards at the Ε stree address. The argument is said to have begun over a small sum of money Wofter was treated at Casualty Hospital. Bingo F.-T. Party Planned. ' LANDOVER. Md October 25 «Spe cial).—The Parent-Teacher Associa tion of the Landover School will hold a bingo party tomorrow night.