Λ~Μ. îê0 ·*
DELAY IS FORCED
ON «BILLS
Proponents Await Recovery
Moves and Attitude To
ward Proposals.
BY G. GOULD LINCOLV.
Proponents of the 30-hour work
week, having laid the groundwork for
a campaign to push such legislation
through Congress, are waiting for
President Roosevelt's recovery pro
gram to be fully revealed before go
ing ahead.
They are awaiting, too. the develop
ment of the attitude of the adminis
tration toward the 30-hour work week
bills. In some quarters it has been
predicted that the administration may
hold the 30-hour work week as a club
over industry, in order to make it ac
cept not only the continuance of the
N. R. A. and the codes of fair com
petition, but also to make it willing to
go along with the codes if and when
all provision for price-fixing, or what
amounts to price-fixing, have been
removed from the codes.
Senator Hugo Black of Alabama In
the Senate and Representative Wil
liam Connery of Massachusetts in the
House have both again sponsored 30
hour work week bills In the new Con
gress. These bills, while they have
the same purpose, differ considerably
in some important details. They both
provide for the five-day week with six
hours of work. They both seek to see
that the same wages that are now
paid for longer hours of labor, be re
tained for the shorter working week.
They do not merely present plans to
"share the work" so as to place more
employes on the pay rolls of indus
try, but they seek to have the rate
of wages increased, with a resulting
very large increase in the size of in
dustry's pay rolls as a whole.
Foreign Work Barrier.
Mr. Connery has again insisted on
placing in his bill authority to halt,
one way or another, imports coming
Into this country from foreign nations
where the 30-hour work week does not
prevail ,and which threaten ruinous
competition for American industries.
In his present bill the President is
given complete authority to deal with
the matter of imports. Senator Black,
on the other hand, not only does not
have such a provision In his bill, but
It is understood that he Is opposed to
its inclusion.
uniess tne administration comes
forward with proposals to meet the
unemployment situation which ap
peal very strongly to labor, it will
have a tough time heading off 30
hour work week legislation at the
present session. In the opinion of
House leaders, a 30-hour work week
bill would pass that body if it was
brought to a vote: indeed, it was only
bv tying such a measure into a
double bowknot, by parliamentary
tactics and gag rule, that its passage
■was prevented in the last Congress.
The Black bill did pass the Senate
by an overwhelming vote. The
American Federation of Labor is on
record in favor of the 30-hour work
week legislation. . .
The plea was made by the admin
istration during the last Congress
that the N. R. A. be given full op
portunity to work out the «-employ
ment of labor at shorter hours and
better wages, before anything like
the drastic 30-hour work week bill
was attempted. The supporters of the
30-hour week, however, now insist
that the N. R. A. has not succeeded
in restoring the workers to the pay
rolls and the time has come to take
ether steps.
Before Labor Committee.
The Connery bill has gone to the
House Committee on Labor, of which
Mr. Connery is chairman. It seems
probable that he can get the bill
reported out by the committee and
placed on the calendar. Under such
conditions it would not be necessary
to invoke the committee discharge
rule, which has just been made more
difficult by increasing the number of
names signed to a petition to a ma
jority of the House membership in
stead of 145. Provided the bill was
reported out fairly early in the ses
eions, there would seem to be no way
of heading off a vote.
The bill introduced by Mr. Connery
declares a "national emergency" exists
because of unemployment. It is be
lieved to be water tight from the
point of view of constitutionality. The
President is empowered to declare
the end of the emergency when he
deems that the employment situa
tion has been rectified.
In certain respects. Mr. Connery
has modified his bill this year to meet
objections raised during the hearings
on the bill by Secretary Perkins of
the Department of Labor and by
Donald Richberg, but in the main
his bill remains the same. The Presi
dent is authorized to make exemptions
In the case of industries under the
codes, where the hours are no longer
than 40 a week, for periods of 90
days. The proposed law would become
effective 90 days after its passage
and approval by the President.
Representative Snell of New York,
the Republican leader of the House,
Is waiting to see what his Democratic
colleagues are going to do about this
30-hour bill. Undoubtedly some or
the Republicans in the House would
be found voting for its passage. And,
in the opinion of Mr. Snell, it would
pass the House. Whether it could
be passed over a presidential veto,
if the President disapproved the meas
ure, is another matter.
Senator Black's bill has plenty of
"teeth." It declares that all goods
in interstate commerce must have
been made under the 30-hour work
week. Exemption is made for farm
produced goods when they are shipped
by the farmer himself.
There is exemption from the 30
hour work week also for employes of
the Government. j Λ .
The Black bill Axes a definite, two
year period for its operation. It
eeeks to prevent a reduction in wages
•when the change is made from longer
hours to the 30-hour week. It p:o
vides that before any ^eduction can
be made, the employers must give the
workers every opportunity to organize
and to deal collectively, and .hat the
employers must then discuss thn mat
ter of wages with them, it also
provides that all of the codes of fair
competition specifically must provide
the 30-hour work week. And it de
clares that every contract niade ty
the Government shall call for the 30
hour week, and that the contractors
doing business with the
must agree to purchase materials that
STLlde by 30-hour work week labor.
FOULKES TO SPEAK
Representative to Discuss "Hen·
ace of Hitlerism."
Former Representative George
Foulkes, Democrat, of Michigan will
speak on "The Menace of Hitlerism"
before the Washington Open Forum at
3 p.m. today in the Roosevelt Hotel.
Foulkes recently attacked the Nazi
movement m a radio broadcast and
issued a warning of an "American
Hitler" attempting to set up a dic
tatorship here.
!
Copyright, A. P. Wirephoto.
.m ψ
Money was scattered along the roadside at Omaha, Nebr., when thie
armored truck skidded 100 feet, left the road and crashed Into a tree. Two
of the three men in the truck were severely Injured. The third refused
medica' attention and stood guard with a shotgun until police arrived.
Accident occurred at noon yesterday.
Court Grants Injunction and
Sets Hearing for Janu- ·
ary 25.
By the Associated Press.
NEW ORLEANS, January 12 —
Senator Huey Long's industrial pen
sion law was enjoined today in Fed
j eral Court here while the "Square
Deal Association," organized at Baton
Rouge to restore "constitutional gov
ernment," called on the people to
stand by them in their movement
to ••break" the Long dictatorship.
It was announced in District Court
that Judge Wayne G. Borah had
signed an injunction temporarily re
straining Attorney General Gaston L.
Porterie from enforcing the industrial
pension law passed at Long's request
by the third special legislative session
of 1934 and had set a hearing for
January 25 before a three-judge Fed
eral tribunal.
Suit was filed by the Standard Oil
Co. of Louisiana and the Standard
Pipe Line Co., an affiliate of Standard
Oil, was alleging their $40,000.000 in
dustry in Louisiana was being de
prived oi constitutional rights by the
act.
This law would force the company
to provide a proportionate pension for
an employe who is dismissed after
having been employed as much as
one-fourth of the years which make
him eligible for a pension.
Long said in his conduct of the
special legislative session that the act
was designed to prevent the discharg
ing of employes who soon would be
eligible for pensioning.
BANKING PROGRESS
CITED BY O'CONNOR
Tells Democratic Club "We Are
Within Sight of Last Strong
hold of Depression."
By the Associated Press.
NEW YORK. January 12.—"Strik
ing progress" in the national bank
structure of the Nation since the bank
holiday of March, 1933, was reported
today by J. F. T. O'Connor, controller
of the currency, in an address at the
National Democratic Club.
"Statistics in the controller's office
prove conclusively that this sensitive
structure is on a firmer basis than at
any time in our history," O'Connor
said.
"The battle is being won. We are
within sight of the last stronghold of
the depression."
O'Connor said that banlç failures
numbered only 58 during 1934, as
compared with an average of 901
yearly from 1921 to 1932. Only 1 of
the 58 was a national bank, he added,
and its deposits were insured by the
Federal Deposit Insurance Corp.
He said that of the 1,417 banks
under the controller's jurisdiction at
the end of the holiday only 5 of the
1,417 (unlicensed banks) remain un
disposed of. Their deposits of $6,438,
000 constitute three-tenths of 1 per
cent of the deposits of all the banks,
he declared.
Of the 1,417 banks, 1,089 with de
posits of $1.802,285,000, have been re
organized or absorbed; 31 have gone
into voluntary liquidation and 292,
with deposits of $151,540,000, are in
receivership.
Magazine Directors to Meet.
Directors and stockholders of the
National Parent-Teacher Magazine
will hold their annual meeting here
next Saturday. Mrs. Hugh Bradford
of Sacramento, Calif., former presi
dent of the National Congress of
Parents and Teachers and now presi
dent of the magazine, is coming to
Washington for the meeting.
/^I 1 A
Talks in Forum
ATTORNEY GENERAL CUMMINGS
■MINGS LISTED
FOR FORUM TALK
Co-ordination of Enforce
ment Will Be Subject of
Address Tomorrow.
Plans for a wider, more intensified
war on crime will be discussed bj
Attorney General Homer S. Cummlngi
in an address tomorrow night in th(
National Radio Forum, arranged bj
The Star and broadcast over a coast
to-coast network of the National
Broadcasting Co.
The subject he has chosen Is "Co
ordination of Law Enforcement in th<
Movement Against Crime." The pro
gram will go on the air at 10:30 p.m
Will Cite Conference.
The Attorney General, It is under
stood. will refer to recommendations
of the National Crime Conference
which met here recently at his in
vitation and will make suggestions foi
facilitating realization of the program
of the conference. Attending the par
ley were leading law enforcement offi
cials and others Interested in th«
crime problem. Delegate* came froxr
all parts of the country.
One of the major recommendation!
of the conference was for "effective
co-operation by all departments anc
agencies of Federal, State, county and
local authorities." The conference
cited the "deplorable condition of dis
organization which exists in local en
forcement units" and advocated con
sideration by the States of "a better
form of co-ordinated control by means
of a State, department of Justice 01
otherwise."*
Follow Cnmmings' Idea.
These proposals are in line witli
Attorney General Cummings' cam
paign for a closer, voluntary liaison
between Federal forces on the one
hand and State and municipal au
thorities on the other, with a view
to a concerted offensive on gangland
One of his first moves in this di
rection would be establishment of a
national criminological institute foi
the training of Federal, State and
local officers in latest methods ol
crime detection.
ARCHE0L0GIST SPEAKER
F. H. H. Roberts, jr., archeologist
Bureau of American Ethnology, wil
speak Tuesday at 8 p.m. at a meetins
of the Anthropological Society o:
Washington in room 43 of the Unite*
States National Museum.
His subject will be, "A Folsom Camj
Site and Workshop in Northern Colo·
rado," which will be illustrated. Thi
annual business meeting of the so
ciety will be held after the address.
Stadium froject Advanced
By Site Transier and Report
Prospects for the proposed stadium
at the end of East Capitol street
seemed brighter yesterday, with the
transfer of 208 acres of land there to
the National Capital Parks' by the
United States Engineer Office, and
indications that a report of a special
committee, headed by C. Marshall
Finnan, park superintendent, will re
ceive the speedy approval of Secretary
Ickes.
The park officials are hopeful of ob
taining a Public Works Administra
tion allocation at an early date for
the building of the stadium, main
taining It will be a "self-liquidating
project." They visualize Army and
Navy foot ball games being played
there, as well as other major sports
events, with the turnstiles raising the
money for the outlay.
Mr. Finnan will make definite rec
ommendations to Mr. Iekes, advocat
ing that the project be marked
"urgent" on the priority list of the
Public Works Administration. The
Finnan committee Is making an esti
mate of cost, and after Mr. Ickes
peruses the report. It is considered
likely that Arno B. Cammerer, director
of the National Park Service, will
employ a consulting architect and
engineers to delve into detailed plans.
The park chief made It clear that
A
his office has no Intention of blocking
East Capitol street in the stadium
development, but proposes to provide
for a new bridge across the Anacostia
River in the line of that thorough
fare. with traffic diverted around the
stadium.
Maj. Robert W. Crawford, district
engineer for the War Department ioi
the Washington area, turned over the
208 acres, known officially as section
F, to the park officials, with the under
standing that his office will continue
certain work. This Includes the back
filling of the large sewer there, when
it is abandoned, inasmuch as a new
sewer is now being constructed in
that region, and the completion ol
the locks at Lake Kingman. All the
newly-acquired park lands is on the
western side of the Anacostia River.
A number of objections to the an
ticipated closing of East Capital streel
by constructing the stadium havi
been placed before the park authori
ties. The National Capital Park and
Planning Commission has considered
devoting East Capitol street to ai
"Avenue of the States," in which th«
various parts of the Union would havi
buildings of their own. exhibiting
their different products, along the
thoroughfare. . Λ .t.~*
LETTER ON POWER
HEED MISLEADING
Writer Believes Roosevelt
Can Eliminate Doubt by
Stating Rate Policy.
BY DAVID LAWRENCE.
A notable example of how the ad
ministration sometimes gives out only
one skle ο( the story—the side that
makes a favorable impression for Its
crusades, but does not give the public
all the facts in a controversy—was
revealed last week in the letter written
to President Roosevelt by the Federal
Power Commission.
The letter undertakes to say that
"holders of life insurance policies and
depositors In savings banks have no
cause for concern regarding the se
curity of that part of such institutions
invested In electric utility bonds."
Even the President at his press con
ference told the newspaper men that
he had been Impressed by the state
ment of the Federal Power Commis
sion and that it proved that operating
company bonds are not affected by
the Government's policy on utilities.
But what are the facts? Inquiry
of leading savings banks and life In
surance companies discloses that the
laws of the States, and particularly
the State of New York, require that
bonds cannot be retained for legal
investmrnt unless earnings are main
tained in a certain percentage or
ratio.
Would Force Dumping.
Thus, if the Government Insists on
cutting the electric rates down to the
point that operating companies can
simply earn the interest on their
bonds and there Is nothing with which
to pay dividends on outstanding pre
ferred or common stock, the savings
banks in New York State, for in
stance, would be compelled to dump
their bonds on the market because
they would cease to be legal for in
vestment of savings bank funds.
As for life Insurance companies,
they cannot invest in debentures or
preferred stocks of operating com
panies unless these companies shall
have earned for the preceding five
years at least 4 per cent on their
total capitalization.
The latest figures show that about
$1,600,000,000 of life Insurance com
pany assets are invested in utility
securities and that virtually all cf
these are bonds In operating com
panies and not preferred stocks The
Federal Power Commission statement
confirms this.
Expansion Blocked.
As for savings banks. 3 per cent of
their assets are In utility bonds of
operating companies and the figure
has been estimated at $2,000,000,000.
The Federal Power Commission state
ment emphasized that the market
values of these securities had held up
very well. The real reason is that
other securities at the same or better
yields have not been available for in
vestment because the securities law
and the Government's owp financing
operations have prevented the normal
expansion of the investment market.
Another reason is that the decisions
of the courte have heartened the
holders of utility securities and caused
them to feel that the Government's
policy of competition or attempts at
confiscation would not be upheld.
Law Would Have Effect.
If. however, the Government does
force electric rates down to the point
of permitting interest charges to be
earned only once, then the follow
ing extract from the New York State
law will have plenty of eflect on oper
ating company bonds:
"For a perior of five fiscal years
next preceding such investment the
net earnings of such corporations shall
have averaged per year not less than
twice the average annual interest
charges on its total funded debt ap
plicable to the period for the last fis
cal year preceding such Investment.
Such net earnings shall have been not
less than twice the interest charges for
a full year on its total funded debt
outstanding at the time of such in
vestment. And for such period the
gross operating revenues of any such
corporation shall hve averaged per
year not less than $1.000.000 and such
corporations shall have for each such
year either earned an amount avail
able for dividends or paid in divi
dends an amount equal to 4 per cent
upon a sum equivalent to two-thirds
of its funded debt.
"The outstanding full paid capital
stock cf such corporation shall be
equal to at least two-thirds of the
total debt secured by mortgage lien
on any part or all of its properties,
provided, however, that in case of a
corporation having non-par value
shares, the amount of capital which
such shares represent shall be the
capital as shown by the books of the
corporation."
Bonds will Depreciate.
The foregoing shows how the capi
tal structure must be set up and if
the Government undertakes to say
that all preferred and common stocks
are watered and that only the bonds
«re good, and that rates must be based
wholly on the bond Investment, then
the bonds will depreciate and become
Ineligible for Investment in savings
banks.
Mr. Roosevelt has Intimated that
' he himself believes in a fair return
on an agreed-upon rate base, but the
yardstick In the Tennessee Valley,
especially In the Knoxville transac
tion, would not permit twice the ln
: terest charges on the private com
pany's Investment to be earned If the
promised rates were established by
the T. V. A.
In the case of life Insurance com
panies the various State laws merely
require that bonds shall be adequately
secured, but investments cannot be
made in debentures or preferred
stocks of operating companies unless
they shall have earned for each of
the preceding five years at least 4
per cent on their total capitalization.
, In New York City taxes have now
reached about 22 cents on every dol
lar of gross revenues and If rates are
forced down to a point which prevents
interest charges from being earned
twice, there will be a lot of hitherto
gild-edge operating company bonds
dumped on the market.
Controversy Still Rares.
The controversy over whether
widows and orphans would be af
fected is by no meant cleared up with
the statement that only $3,500,000,000
In securities la involved and that these
securities will not be affected, because
they are almost entirely Investments
in operating companies. If the Gov
ernment in some Instances shall per
mit competition by the construction
of rival plant· or if rates are paid
which do not permit net earnings as
required by State laws and fixed by
State utility commissions, the danger
to the bonds of operating companies
has by no means been removed.
Mr. Rooeevelt can eliminate all
doubts by stating clearly the Federal
policy of competition and rate-making
and announcing whether or not divi
dends may be earned on any securi
ties of operating companies other
than bonds. If the attack Is against
holding companies alone, there «111
Λ
JOHNSON BEGINS
FIGHT ON COURT
Senator Says Ratification
Would Be Only Step To
ward League.
Br the Associated Press.
Opening the battle against American
entrance Into the World Court. Sena
tor Hiram Johnson, Republican, of
California last night asserted adher
ence would be because of a "maudlin"
spirit of "Internationalism to muddle
and meddle in world political affairs
that admittedly has no concern for
us."
In a formal statement issued in ad
Vance of Senate consideration of the
ratification resolution next week, the
veteran Republican independent rap
ped the Court for permitting "poli
tics" to enter its judicial rulings and
said American accession would be "but
a prelude to joining the League of
Nations."
"What a pity," he said, "that we
must turn for even the briefest period
from the trials of our own people to
trials in a foreign moribund League
of Nations and, if its proponents are
right, its futile Court.
Held First False Step.
"Becoming a part of the Court offi
cially is the first false step in the
complete abrogation of the foreign
policy from which our Republic never
has deviated."
Johnson said a hint of this abroga
tion may be seen In the action of the
Senate Foreign Relations Committee
in repudiating the reservation of 1926
to prevent this country from internal
political situations In foreign states
and to guard against relinquishment
of Its traditional attitude toward pure
ly American questions.
This reservation «as offered in com
mittee by Senator Vandenberg. Re
publican, of Michigan, and was re
jected, 11 to 9. Johnson said it would
be reoffered on the floor.
Proposal Held Futile.
"We oppose as vigorously as we
can such a new and startling Ameri
can doctrine," he said. "We ought
not to join this League of Nations
court, because if it is merely what
our proponents Insist, our entry would
be an idle and futile action.
"We have no controversy with any
foreign nation that we cannot settle
by arbitration. We have no inter
national problem we desire to be
passed upon by foreign judges.
"Peace, it is asserted. Is brought
nearer by the Court and by our ac
cession. The present state of the
world answers this plea. The condi
tions existing in Europe, volcanic as
they are, make this the most unpro
pitious of all times for our Republic
to join in controversy there, or to
be a part in their decision.
"All the high promises that were
held out for the League of Nations'
in 1919 and 1920 have utterly failed.
With the treaty of Versailles over
Europe like a sinister cloud, those
promises of League advocates could
not be and never will be redeemed.
The old diplomacy is the order of the
day across the sea."
ORESTES FERRARA
INDICTED IN CUBA
Former Envoy to IT. S. Charged
With Misappropriating $50,000
in Sugar Fund.
Br the Associated Press.
HAVANA. January 12.—Special
Judge Joee Soublette of the National
Court of Sanctions today indicted
Orestes Perrara, secretary of state
under former President Gerardo
Machado, on charges of misappropri
ating $50,000 of government funds.
The Judge ordered Ferrara, who
now is in the United States, held
without bail if he is arrested and
extradited.
The former secretary of state, who
also served as Cuban Ambassador to
Washington, was accused of misappro
priating funds set aside by the Na
tional Institute for the Stabilization of
Sugar for the purpose of advertising
Cuban sugar in the United States
and other foreign countries.
Judge Soublette took into considera
tion Perrara's claim that he spent
the money lawfully for proper pur
poses, but ruled the government Is
now receiving unpaid bills which the
money was intended to pay. Including
one from Covington, Burlington and
Rubles, New York attorneys.
It was announced the government
plans to ask the United States State
Department for Ferrara's immediate
arrest and extradition.
CITY SUED FOR MILLIONS
Coral Gables Bondholders' Com
mittee Asks $5,000,000 Damages.
MIAMI. Fla., January 12 G4>).—A
suit for $5,000,000 damages against
the City of Coral Gables was filed in
Federal Court here today by the Bond
holders' Committee, which Tuesday
asked an injunction to restrain the
municipality from spending more than
305.28 per cent of current revenues
for operating expenses.
Attorneys said the suit was a move
toward reducing to Federal Court
judgment the bonds deposited with
the committee for collecnon at the
time Mayor Vincent D. Wyman's bond
refunding plan was approved.
Counterfeit Suspect Taken.
EL DORADO. Kans., January 12
(/P).—Robert Berkshire, 38, of Cin
cinnati, Ohio, wanted on a coun
terfeit charge, was held here today
as authorities searched for a com
panion, also sought for alleged passing
of spurious money.
Police said Berkshire had 11,405.55
in lawful money and $130 in counter
feit $10 bills in his possession. They
said information obtained from his
luggage indicated he had been In
several large Eastern cities lately.
Two Die in Icy Waters.
WATERTOWN. Ν. Y„ January 12
(JP).—Searchers today located an ice
sled that yesterday plunged through
the St. Lawrence River ice carrying
two men to their deaths. The victims
were Norris C. Night, 39, inventor
1 of the ice sled, and Richard An dress,
32, of Alexandrie Bay. Search for
the bodies was continuing,
be large Institutional losses. But it
is also estimated that there are 1,500,
000 stockholders in operating com
panies. They live in every State of
the Union. In some States the own
ers of stocks in utility companies are
one out of every seven persons. Many
are working people. Two-thirds of
the stockholders are women.
(Currish1. 1838.)
I
Banker's Child Threatened
I
Copyright, A. P. Wire-photo.
,mL· **,
The safety of Thomas P. Beal, jr., 6, shown in the above Associated
Press wirephoto with his mother, was threatened in .a kidnap note
received by his father, president of the Second National Bank ol
Boston. Mass.
TWO JUDGES STEED
74 TRAFTO CASES
Fines and Collateral For
feits Bring in $926
During Day.
Offenders of traffic regulations yes
terday received severe jolts in the
form of fines as two judges presided
over traffic hearings in Police Court.
A total of $926 was collected in fines
and forfeited collateral yesterday in
one of the week's largest dockets, list
ing 74 offenses, ranging from driving
while drunk and speeding to leaving
the scene of an accident. Thirty-eight
were tried on speeding charges.
Presiding in Traffic Court was Judge
Isaac R. Hitt, who in less than two
hours dispoeed of more than half a
hundred traffic cases, imposing fines
that totaled $791.
Judge Gus A. Schuldt. who sen
tenced five persons in Police Court on
more serious offenses, cleared his sheet
in less than an hour, collecting $135
in fines.
$75 for Reckless Driving.
James A. Green, charged several
days ago with reckless driving and
tried by jury, was ordered by Judge
Schuldt to pay a $75 fine or serve 60
days in Jail. Harold E. Brown, also
tried by jury recently, was fined $25
or ordered to serve 25 days in jail
after his conviction on a charge of
leaving the scene of an accident. A
fine of $25 or 25 days in jail was also
imposed on Samuel S. Yaffee, charged
with reckless driving. Jesse F. Rose,
said to have operated an automobile
without a permit, was fined $10. while
sentence of Welby Carter, found guilty
by jury of lea zing after colliding, was
suspended. He was placed on six
months' probation.
Twenty persons out of the 24
charged with double parking and
similar minor accusations forfeited
collateral in yesterday's court sessions.
Samuel H. Levy, charged with
speeding, will be fined $10 when his
case comes up Wednesday, he was ad
vised by Judge Hitt.
On a long list of speeders, fines of
$10 were imposed upon Simon Gros
field. Joseph Millett. Henry C. Zadoor
ian, William C. Wright. Harry Cantor.
Samuel RocksPn, Edwin C. Seaton,
Richard I. Day, Jesse M. Numbers.
Dean E. Crandall and John E. L.
Ridenour. George Ellis, colored, a
truck driver, was found guilty of
speeding, failing to give a hand signal
and passing a stop sign and was fined
$20. Joseph P. Huffman, facing
charges of a second offense of speed
ing. was given a $25 suspended sen
tence and placed on six months' pro
bation.
Safety Teacher Warned.
Two school teachers, both charged
with speeding, were given suspended
sentences. Miss Thelma E. Fryer, a
District teacher, who said she had
charge of the safety troops of the
school, was warned, and Mildred M.
McDonald, a teacher of Silver Spring,
Md., was given a $10 suspended sen
tence.
Elwood Z. Shipe. also charged with
speeding, was fined $15, while Isaac
Jones, charged with a similar offense,
was granted a continuance but will
be fined $25. Judge Hitt indicated.
Pleading not guilty to a charge of
driving while drunk. Crom Hansen.
304 G street northeast, was released
on $500 bond for a jury trial.
Catherine Davis, whose car collided
with another when she failed to stop
for a traffic sign, was fined $5 and
warned by Judge Hitt as he placed
her on six months' probation.
· y
SUSPECT IS ARRESTED
IN BRUTAL SLAYING
Colored Man Taken to Unan
nounced Cell in Mississippi After
Victim's Watch Is Found.
By the Associated Press.
CLEVELAND, Miss., January 12.—
A watch owned by Aurelius B. Turner,
mysteriously missing since he and his
wife were found brutally slain in
bed at their home In Cleveland De
cember 10, turned up today, and with
it officers arrested & colored man
whom they said admitted being a
grave robber.
The man, booked as James H. Coy
ner, was wearing the watch. He was
spirited away by officers to an unan
nounced jail.
Deputy Sheriff Charles Mhddox and
a post office Inspector who aided him
in the arrest, said they regarded the
finding of the watch and the arrest
of Coyner as one of the most signifi
cant developments in the perplexing
investigation of the double slaying,
which shocked this section cf the
State last month.
t
CONGRU HOLDS
KEY TO ADVERSE
RULING ON GOLD
f Continued From First Page.)
days, and we would be back on the
road to normalcy." *
Most of the State Legislatures will
be in session this Winter, so that the
popular opinion would be registered
quickly.
Congressional inflationists mea*
while were talking privately of the
possibility of increasing the member
ship of the Supreme Court from nine
to 11 or 12 within the 25 days elaps
! ing between the decision and the
ι court ruling upon a Government ap
peal for reconsideration.
Thomas Denies Authorship.
Senator Thomas said that the dis
cussion had included the enlargement
: of the court to assure that the re
covery program "get a new deal."
Senator Thomas said he was not
the author of this suggestion. At the
outset of the New Deal there was
some fragmentary discussion of the
possibility of enlarging the court
to assure a liberal majority.
The subsequent attitude of the
court, in the Minnesota moratorium
and New York milk cases, did much
to dispel talk of this character, and
responsible administration officials
refuse to admit that any such
thought has ever been entertained.
However, the court may be enlarged
by act of Congress, and it was en
larged during President Lincoln's
administration to assure judicial sup
port for his Civil War measures.
It was recalled that the first of the
! legal tender cases, Hepburn vs. Gris
woid. in 1870, which went against the
! Government, never was enforced,
j President Grant filled two vacancies
; in the court, swinging the balance
i the other way, and in about a year
got a decision reversing the court's
previous position.
Assumed Power Criticized.
Still an alternative course of action
on which discussion of a purely
I speculative character could be heard
in congressional circles is the sub
mission of a constitutional amend
ment depriving the Supreme Court of
j the power to declare an act of
Congress unconstitutional and making
it retroactive so far as the gold cases
are concerned. The court's power to
pass on the constitutionality of an
act of Congress is not stated in the
Constitution, but has been assumed by
the court. At various periods mem
bers of the court have expressed re
luctance to declare an act of Congress
unconstitutional, and on many other
cases the court obviously has bowed
to the popular will without admitting
that it was doing so. The assumed
power of the court to overrule Con
gress at any time has been criticized
repeatedly.
Former Associate Justice Oliver
Wendell Holmes said, in an address
in 1913: "I do not think the United
States would come to an end if we
lost our power to declare an act of
Congress unconstitutional. I do think
the Union would be imperiled if we
could not make that declaration as to
the laws of the several States."
May Declare Emergency.
Another possible avenue of action
may lie in the President declaring an
emergency and asserting control over
the currency under the old war-time
laws which he invoked to bring order
out of the banking and financial dis
ruption which existed when he took
office.
The statistically minded were won
dering how much indebtedness ac
tually was involved in gold-''ause
contracts of one sort or another.
While Government counsel told the
court it amounted to $100,000,000,000.
it was contended that this figure cer
tainly did not include insurance poli
cies and mortgages. The total, it was
suggested, might actually approach
$500,000,000,000.
Meanwhile, the nine Supreme Court
justices yesterday were closeted in a
five-hour conference, the first such
meeting since the gold - clause cases
were submitted to them for decision.
The conference was behind closed
doors and no intimation was forth
coming as to what occurred.
The conference lasted until 5
o'clock, an unusually late hour, and
it was assumed most of the time was
devoted to discussion of the many
questions presented by the gold cases
in which oral argument occupied most
of the time during the week.
Decision Seen February 4.
It is not expected a decision will be
delivered before February 4, and those
closest to the court think it unlikely
that a verdict will be handed down
until even later.
It is known, however, that the court
desires to expedite its opinion in the
gold cases as it did in the "hot" oil
cases and other New Deal contro
versies which may reach it for de
cision.
Demand for congressional retrac
tion of the authority delegated the
President to regulate the price of gold
was viewed by some silver bloc Sen
ators yesterday as a possible outcome
of this week's monetary conference.
«
Roberts Reveals Commis
sioners Weighing Plan.
Defends Control Bill.
A proposal for establishment of
civil service for employes of the Dis
trict government is being considered
by the Commissioners, People's Coun
sel William A. Roberts revealed last
night In a talk before members oi
the Mount Pleasant Citizens' Associ
ation.
The statement was made while
Roberts was upholding objectives of
the proposed bill for expanding the
powers of the Commissioners.
Control Bill Opposed.
The association went on record op
posing the provision of the bill as now
drafted which would give the Com
missioners veto and directional power
over the acts of independent agencies
whose operations are supported out of
District revenues.
The power of appointing members
of the School Board should remain
with the justices of District Supreme
Court, it was resolved. A. Guy Reber
was selected to present these views
te the Commissioners at the hearing
Wednesday on the subject.
Political Spoils Feared.
Fear was voiced by one member
that the proposed change would lead
to injection of political influence over
the schools. Replying to this, Roberts
reported that one of the Commission
ers favors adoption of a District civil
service plan.
The association decided to send to
the District officials a request for a
traffic light at the intersection of
Park road and Mount Pleasant street.
ROPER VOICES PLEA
FOR "CAPITALISM"
Declares Schools Should Teach
Principles to Maintain
Democratic System.
Secretary Roper said last night that
the Nation's schools should instill and
support principles necessary to "main
tain a proper Democratic capitalistic
system." I
In a radio address, the Commerce
Department chief said no government
could guarantee complete economic
security and an absolutely equitable
distribution of wealth.
"We can only seek to approximate
it as nearly as practicable," he said.
"Certainly vast improvements can be
made over conditions which have ex
isted in the recent past."
He recommended : Safeguards
atrainst excessive speculation and ex
ploitation: proper development and ad
ministration of natural resources: elim
ination of unfair trade practices with
out penalizing the consumer through
prices: development in prosperous
times of industrial and national re
serves to "minimize and control" fu
ture economic disturbances, and edu- ·
cation to encourage these principles.
MURRAY VACATES
MANSION "ON TIME"
By the Associated Press.
OKLAHOMA CITY. January 12 —
Declining to use the executive man
sion a second longer than the tour
years the Constitution permits an
Oklahoma Governor to hold office,
William H. Murray moved today to
make way for his successor, E. W.
Marland.
A line point was involved. Mur
ray was inaugurated January 12, 1931,
under the constitutional provision for
a Governor to take office the second
Monday in January.
Marland's inaugural will not take
place until Monday. January 14, giv
ing Murray four years and two days
in office.
Murray, however, will spend the
lan two days of his tempestuous term
in a downtown hotel. The mansion
will be unoccupied today and tomor
row.
WIDOW OF B. F.WRIGHT
WILLED BULK OF ESTATE
Leaving the bulk of a $119,420 es
i tate to his widow, Mrs. Effie May
Wright, the will of the late B. Frank
Wright, local undertaker, has been
filed in District Supreme Court. It
was erroneously stated last week in
The Star that the deceased was John
R. Wright.
Mrs. Wright was given the family
home at 4404 Sixteenth street and
the residue of the estate, after cash
bequests to relatives, friends and em
ployes. The will, filed through At
torney Daniel W. O'Donoghue, jr.,
named A. Leftwich Sinclair and the
Federal American Bank as executors.
December Circulation
Daily.. 119,616
Sunday 127,803
District of Columb'a. ss:
S H KAUFFMANN, Assistant Business
Manneei of THE EVENING AND Sl'NDAY
STAB does solemnly swear that the ac
tual number of copies of the paper nemel
sold end distributed du-init the month of
December. A.D. 1934. was as follows:
DAILY.
Days. Copies. Days. Copies,
ι ir 125.700
3 125.823 18 124,0.-» 7
4 125.78ft 1!> 121.330
5 125.72» •JO 1W.IW7
β 120.082 Cl 123.507
7 125.11» 22 110.303
« 121,177 24 117.01»
10 121 .503 23 10«.8!it
11 125.153 20 12I.801
12 12."».007 27 122.011
13 J 20.380 28 12Ι.08·>
14 125/M5 TO IIO.IOI
15 121.050 31 118.8Γ.Λ
3.100.781
Less adjustments 80.772
Total net daily circulation 3.110.012
Average daily net paid circula
tion 118.537
Dailv average number of copies
for service, etc 1.070
DaUy average net circulation... ΙΙΟ.βΙβ
SUNDAY.
Days. Copies. Days. Copies.
2 132.280 23 130)110
0 132.402 30 128.678
10 132.701
650.201
Less adjustments 17,270
Total Sunday net circulation.... 030.015
Average net paid Sunday circula
tion 127.120
Average number of copies for
service 083
Average Sunday net circulation.. 127.803
S H. KAUFFMANN.
Asst. Business Manager
Subscribed and sworn to befor· m· this
9th day of January. A D. 1935.
(Seal.) ELMER P. YOUNT.
Notary Public.