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WEATHER. . (V S Weather Bureau Forecast.) rne only evening paper Snow tonight and probably tomorrow • VViWhinotnn with tVua morning, colder tonight and tomorrow, VVdSmngXOn Wlin tne lowest temperature tonight about 24 de- ASSOCiated PreSS NeWS grees. Temperatwres-Highest. 59. at 6 j Wirenhoto SPrviPPS p.m. yesterday; lowest. 36. at noon to- oiiu wuepiIULU bervices. day. Full report on page A-7. _ ____ i ■ <*» •• oua Mir Closing N. Y. Markets, Pages 14,15 & 16 Yesterday's Circulation, 131,555 No. 33,138. post^odice, a\va"hinj!tton,mDUc WASHINGTON, D. C., TUESDAY, JANUARY 22, 1935—THIRTY PAGES. *** <*> mm., A..,ciat,d Pr... TWO CENTS. > BRUNO AGAIN IDENTIFIED AS PROWLER SEEN NEAR ESTATE BEFORE SLAYING * Kidnap Ladder Admitted as Evidence. STATE NEARS END OF CASE Cast of Cemetery Footprint Is Revealed. (Copyright. 1035, by the Associated Press.! FLEMINGTON. N. J.. January 22.— Bruno Richard Hauptmann today was ’ Identified for the second time as a man seen lurking near the Lindbergh home before the kidnaping and murder of Baby Charles A. Lindbergh, jr. Millard Whited, a logger of the Snurland country surrounding the Lindbergh estate, testified he saw Hauptmann in the vicinity on Febru ary 18. 1932. and again between the 25th and 27th of February, the samp year. The Lindbergh baby was stolen on March 1, 1932. Ladder Is Admitted. Before Whited's identification, the Grate succeeded finally in its fight to get the kidnap ladder into evidence , and the defense brought out the fact that a plaster cast had been made of s footprint which it claimed would show Hauptman was not the man who collected the $50,000 Lindbergh ran som in St. Raymond's Cemetery, the Bronx, on April 2. 1932. Edward J. Reilly, chief of the de fense staff, said he hoped to get the plaster cast into court for comparison with Hauptmann's toot, and hoped as well to play a phonograph record which a witness said Dr. John F. <Jaf sie) Condon made of his conversation with the man to whom he paid the ransom. A Department of Justice agent. Thomas H. Sisk, said both were in Washington. Whited testified he knew every per son of the vicinity around his farm, which was separated from the Lind bergh estate by a 10-foot strip. tens ot Peeing Hauptmann. “Did you see any strangers?" the attorney general asked him. “Yes." • Did you see Bruno Richard Haupt mann?" "X did.” Relating the first time he saw the man he said was Hauptmann, Whited said: I was coming home for dinner w ith my car and he came out nearly on my ground or, I would say. within 2 or 3 feet, one way or the other— I could show you the very spot if I were there—and he stepped out to the side of the road when I came face ! to him. with the car. and I saw him when I was coming to him. and when I passed, through my window I look ed at it and wondered why and where ; lie came from." The second time: “He was on the cross road that 1 leads to Zion and I was coming up the road with the truck and trailer j and I saw him on the cross road ' standing." Whited said he saw his face both times, being the first time only 8 feet from him. and the second time only 6 feet. He asserted he was positive in his identification, that there could be no mistake. Identification Attacked. W'hited still was undergoing a vig orous cross - examination when luncheon recess was declared. The defense sought to show his identifi cation was faulty, that he had per sonal motive for publicity, and that he first reported seeing the stranger near the Lindbergh home in order to aiert suspicion from himself. He held fast to direct testimony. Reilly elicited the information about the cast in renewed cross-examination of Sisk just after the State had won 6 major victory in gaining admittance of the Lindbergh kidnap ladder into the evidence. The State objected to Reilly's ques tion as to whether a footprint had been taken at the cemetery. “I submit.” the defense chief de- j dared, “that it was not Hauptmann's and under the rules of evidence we j should be entitled to ask this witness! what he knows about it." Admits Cast Made. Justice Thomas W. Trenchard agreed. "I learned that a cast of a foot print was taken." Sisk said, but added: “There is no positive connection be- j (Continued on Page 5, Column 2.) I -.- I MINE BLAST TOLL INCREASED TO 12 last of Missing Men Found Dead After All-Night Work Searching Debris. B.v the Associated Press. GILBERTON, Pa.. January 22.— The body of a twelfth victim of the explosion, which tore through work ings of the Philadelphia & Reading Coal & Iron Co.'s Gilberton colliery, was removed today by grim-faced miners. In the slim hope they might find Harry Lengle of Tremont. last of the missing, still alive, they had worked all night In four-hour shifts, digging away at a fall of rock and coal re sulting from the explosion yesterday morning. Eleven other bodies had been re moved yesterday following the terrific blast which hurled the boot of one of the victims 100 feel from his body, and shook the entire workings, injur ing 71 miners and endangering the lives of 200 Twenty-five of the injured are in hospitals. 1 Jt * ib >-2 judge Bentley Weighs Plea To Set Aside Boy Verdicts ■ ■■ Prettyman Tells Court He Would Be “Happy” to Participate in JSeiv Trial. Freedom Request Is Denied. Advised, by inference, in open court this morning by Corporation Counsel j E. Barrett Prettyman that nothing | would be lost by reviewing the Fan-; ning-Penn case in a new trial. Judge 1 Fay Bentley of the Juvenile Court took j under advisement a motion by Attor- ! ney Ralph A. Cusick that her verdicts ' in the case be set aside. At the same time she denied Cusick's plea to release the boys under bond, i saying her decision would be made i shortly and that such procedure would ' be unnecessary. Prettyman’s statement on ihe case this morning was the feature of a hearing held by Judge Bentley on Cusick's motion to vacate and set aside , her judgment in committing William ; F. Fanning and Arthur T. Penn to the National Training School for Boys for stealing an automobile. “We have not thought it necessary to file an answering affidavit to Mr. Ccsick’s," Prettyman said in follow ing Cusick before the court, "since the facts and allegations contained therein are directed at procedure within the court Itself. We have no objection to granting the motion. “The reasons for our position may be cited as follows: Since the attack is upon the judgment and sentence of the court itself, we want to leave the court completely free to act as it desires. “Furthermore, perhaps we arc old fashioned in comparison with some members of the bar. but in any (Continued on Page 3. Column 4.) BOND ISSUE BOOST IS GIVENAPPROVAL Nine Billions Increase in Limit Favored Along With “Baby’’ Bonds. _ By the Associated Press. The Treasury bill to permit issu 1 ance of nine billino dollars of new long-term bonds and so-called "baby bonds” was approved unanimously to ! day by the House Ways and Means ! Committee. The action was taken quickly after Secretary Morgenthau testified for nearly an hour that the Treasury needed more leeway in the flotation of securities. The measure was introduced only yesterday by Chairman Dougntou of the committee. Bond Limit Approaching. The New Deal, finding itself within $2,500,000,000 of the legal limit be yond which it could not issue any more bonds, is seeking to have its au thority to sell such securities increased by about $9,000,000,000. At the same time. Secretary Mor genthau disclosed what he termed a new "string on our i money) bow”— a proposal that a new type of "baby bond” be issued for the general public, including persons of moderate means. In denominations ranging from $25 to $10,000, these bonds would be of 10 to 20 year maturity. They would be on a discount basis and would be expected to pay holders the equiva lent of between 2 and 3 per cent. Those buying the bonds could r.ot sell them on the market, but they could be turned in after six months, and interest up to that time would be paid. They would be issued on the first of every month. To Stay Within Estimates. Commenting on the proposal to ex tend the bond Issue limit. Secretary Morgenthau stressed that there was no intention of using bonds in excess of budget estimates. Officials said the request for a change in the Treasury’s authority grew’ out of the provisions of the sec ond Liberty loan act. That law placed a limit of $28,000,000,000 on the ag gregate of Federal bonds that might be issued Already $25,450,487,115 has been issued. Of this sum. almost $12,000. 000.000 has been retired, but under the law no bonds can be issued in place of those retired. nnuMiiig rnncipie >ougnt. The proposal is that Instead of the $28,000,000,000 gross limit, a revolving authorization of $25,000,000,000 be set up. This, it is said, would give the Treasury power to issue between $11, 00,000.000 and $12,000,000,000 more bonds than are now outstanding. The $11,000,000,000 or $12,000,000,000 would be approximately the amount retired under the present authorization. The Treasury proposal comes at a time when the Government is plan ning to spend $4,000,000,000 in a drive to transfer the needy from the dole to work relief, and about $100,000,000 on the first year's operation of the social security program. Morgcnthaii said the new-type bonds would be designed to meet the requirements of people who wanted to save. R. F. C. Loans Criticized. Another development on the finan cial front yesterday was criticism of fhe Reconstruction Corp.’s loans-to industry activities, voiced at a hearing before the House Banking Committee. Jesse Jones, chairman of the R. F. C.. was on the stand, explaining a bill to extend the life of the R. F. C. two years. Representative Fish, Repub lican, New York, said: "Both the R. F. C. and the Federal Reserve Banks have absolutely failed in carrying out our intent to make loans to private industry.” Some Democratic members joined in the criticism. Jones said "indus trial loans have been our most diffi cult job because most people who come to us apparently can’t provide the se curity required by law.” He said “we can give the money away, if you want us to.” California Feels Quake. LOS ANGELES, January 28 (/P).—A slight earth tremor was felt at 1:30 a.m., today in the suburban south west districts of Los Angeles. Hunt ington Park, Inglewood. Compton and Lynnwood all reported the shock, but there were no repprts of damage. Auto in Which Pair Kidnaped Doctor Is Found in Michigan. • By the Associated Press. DETROIT, January 22.—State | police revealed this morning that the ! automobile that Alvin Karpis and his ! companion. Harry Campbell, took from an Allentown. Pa., physician I yesterday had been found abandoned near Monroe. Mich., with the motor | running. Why it was abandoned had net been determined. The car appar I ently had been headed toward Detroit. s Immediately the search for Karpis i and Campbell, last members at large ' | of the notorious Karpis-Barker gang, accused of the Bremer kidnaping and other crimes, was concentrated in this j section. The car wras taken from Dr. Horace Hunsicker after two men who. police are confident, were Karpis and Camp bell, abducted him near Quakertown, Pa., and forced him to drive into Ohio. Dr. Hunsicker was tied and ■ left behind near Wadsworth. Ohio, | last night while the fugitives drove on. j Machine Gun at Back. Dr Hunsicker drove the two men ' with a machine gun pointed con- \ stantly at his back, but was unable 1 to identify them as Karpis and Camp- : bell. i Sheriff Ray Kruggel expressed the i belief, however, that the two men ! were the fugitives, who shot their way 1 ) out of an Atlantic City hotel Sunday, i I Dr. Hunsicker said he was driving | along near Allentown at about mid- i i night Sunday when a car came along- i ! side. A horn was blown and Dr. Hun sicker stopped his car. On a side i road they abandoned their car and ! both got in with him. I Dr. Hunsicker said the men inquired j if he was a physician, but asked for j no medical aid. The physician said I they stopped once or twice for gasoline and water. I Takes His Coat. The taller of the two men took Dr I Hunsicker’s suit coat, but not his overcoat. He said he did not notice how the men were dressed. Once or twice they passed Penn- | sylvania State troopers, but Dr. Hun sicker said he made no attempt to sig nal to them. The doctor said he noticed that the car the gunmen had when they stop ped him had New Jersey license plates. When they reached the Grange Hall, deserted and dark, the two men broke in the door and took Dr. Hun sicker to the second floor. Keeping the machine gun pointing at him, they bound him with heavy cord, a belt and strips torn from a pair of pajamas. It took the physician a half-hour to squirm loose from his bonds. He then went to a nearby farmhouse and called police at Wadsworth. HOUSEBOAT DWELLER BEATS TRAFFIC CHARGE Personal Bond Taken by Court on Failure to Notify of Change of Address. Anthony K. Hudson had no ad dress when arraigned before Judge Isaac R. Hitt in Traffic Court today on a charge of failing to change his automobile permit address—and still has none. Hudson was arrested yesterday by Officer C. L. Smith of the Traffic Bu reau and in addition to the permit charge was charged with speeding. In court today he told Judge Hitt he lives on a houseboat in the middle of the Washington Channel and hadn’t changed his permit address be cause he didn’t know what to say. When he secured his automobile tags he gave the bureau Thirteenth and Water streets southwest, which is at the edge of Washington Channel and off which point his houseboat is an chored. as his address. Hudson for merly lived in the 900 block of Third street southwest and received his mail there. Judge Hitt and court attaches were at a loss to determine just where Hudson lived and his personal bond was taken on that charge. A $5 fine was Imposed in the speeding viola tion. 1\ ml HNS OF WEISS FOUND AS SLAYERS NEAR DEATH DATE Mais and Legenza Must Die in Electric Chair at Rich mond February 2. JUDGE INGRAM SEALS FATE OF DESPERADOES Night Club Character's Body Is Found in Creek Near Philadelphia. B>’ the Associated Press. PHILADELPHIA January 22 —The body of William Weiss, kidnaped and slain night-life character, was re covered today from Neshaminy Creek, just northeast of Philadelphia. The body of the reputed victim of Robert Mais' notorious Tri-State gang was found near the spot to which authorities were directed by a member of the band yesteiday. The discovery ends a three-months' hunt for the reputed wealthy man who was snatched" by three men as he drove up to his suburban home one evening last October. Harbor policemen, grappling from two boats in the stream, brought the body to the surface with ropes. Weighted With Irons. Wrapped in blankets and weighted down with irons, the grim bundle was discovered under a bridge, ending two days of grappling work endangered by fog and floating ice cakes in the stream. Authorities had been directed to the spot by Martin Farrell, a member of the gang, shortly after he was brought to Philadelphia yesterday from New York, where he was cap tured last week with several other members of the mob, including the reputed leaders. Robert Mais. con victed killer, and Walter Legenza. DEATH DATE SET. Mais and Legenza Must Pay Death Penalty February 2. RICHMOND, Va , January 22 iJF).— Robert Mais and Walter Legenza. no torious tri-State gangsters, who cheated the electric chair by three months, were told by Judge John L. Ingram in Hustings Court today that they must die February 2 for the murder of E. M. Huband. Federal Re serve Bank truck driver. Three hours after he had been brought from New York to Richmond with his companion in crime. Walter Legenza. Mais. his legs chained, shuf fled down the aisle in Hustings Court. Judge Ingram said that since Mais' escape from the Richmond Jail prevented the scheduled electrocution on November 1, he was setting Feb ruary 2 for the execution. Returned to Death Cell. Mais was returned to the death cell at the penitentiary while guards left to bring Legenza from the prison to hear the judge set the date tor his electrocution. Guarded by 10 Federal agents, armed with machine guns and tear gas. the Tri-State gangsters came in on the Havana special of the Atlantic Coast Line Railroad and were whisked away in an ambulance and a police car to their death cells in the State penitentiary'. Ten minutes after they were placed in police cars at Broad Street Station, the gangsters arrived at the State penitentiary, where they were deliv ered to Supt. Rice M. Youell. First came Mais, nervous, haggard, weigh ing 20 pounds less than he did when he shot his way to freedom and still carrying in his body six bullets that police shot into him before his trial in Richmond. Three Federal men, one pointing a machine gun at him, escorted the prisoner into the penitentiary. He limped down the echoing hallway, his legs in irons, his han&s cuffed. Placed m Death Cells. Behind him came Legenza on a stretcher. His face was pasty under the prison lights. He drew his pink and white striped blanket close to his chin. Inside the foyer, the procession halted while guards procured keys to the death cell. Even inside the peni tentiary police never relaxed their vigilance. , A menacing machine gun was trained on the men and other armed agents watched them closely. Mais sat, dejected, on a bench, Fed eral men grouped about him. A moment later he and Legenza went to their death cells. A Federal agent, shrugged his shoul ders. turned to a companion and said: “Well, we got ’em here didn't we?” FIVE BURN* TO DEATH _»_ Children Perish When Stove Ig nites Washing. * LONGUEUIL. Quebec. January 22 OP).—Five children burned to death early today when washing hung on a clothesline over the kitchen stove to dry caught fire. A roomer and six other members of the family of Emile Gadbois. four of them children, were taken to a hos pital suffering from burns. The dead were all children of Gad bois, their ages ranging from 11 down ward. f I IN SUITON HE Cotton Garment Workers to Get Benefits Under Court Ruling. District Supreme Court Justice Jesse C. Adkins today refused to grant I a request for a preliminary injunction * restraining inauguration of a 36-hour | week in the cotton garment industry. ] This ruling was made in a suit brought by the Alabama Textile Products Co. and 91 other concerns engaged in the manufacture of cotton goods. The 36-hour week was fixed by President Roosevelt in an amendment to the code for the cotton garment industry under authority of the Na tional industrial recovery act. The amendment also provided for in ( creases In minimum w ages, and was sustained In both respects. Prison Injunction Refused. The court also refused to grant a preliminary injunction to restrain \ what the plaintiffs described as "un fair competition from prison-made garments.” The manufacturers had asked the court to prevent the use of a Blue Eagle label similar to their own on the prison-made goods. In I refusing to do this. Justice Adkins pointed out that work is essential to rehabilitation of prisoners and also that the competition from this form of goods is decreasing. The court did not pass upon the constitutionality of the code of fair | competition, pointing out that the plaintiffs for purposes of their present motion conceded the constitutionality j of the statute and of the code. Counsel for the plaintiffs and the Government during argument of the i case expressed divergent views con cerning the power of the President arbitrarily to amend a code after he I has once approved it. Counsel for ] the Government contended, in effect. 1 that such power is unlimited, while ; the plaintiffs’ attorneys argued the | ' President had no power to amend j i such a code except upon the appli- ! I cation and consent of the industry. ricMunu > ■ u*tn nriu lmpucu. Refusing to agree with either of these contentions. Justice Adkins de cided Congress intended to give the j President some power to amend code ! provisions, but did not attempt to de- j fine the limits of this power He held, however, the statute did authorize the 1 amendment involved in this case. - The original cede provided a 40-hour week in the industry and a minimum wage of 30 cents an hour in the Southern section of the country and 32'^ cents an hour in the Northern section This did not result in a gain in employment, and the amendment, i reducing the working week to 36 hours and adjusting minimum wages to correspond, was therefore issued. The amendment has not been in force because a restraining order had been issued protecting the plaintiffs in thus respect, and as a result of this, j the National Recovery Board granted ! exemptions to the rest of the in- ; dustry. More than 200.000 workers are af- j fected by the order. BORIS’ CABINET RESIGNS Gen. Zlateff Commissioned to ' Form New Government. SOFIA Bulgaria. January 22 t/Pi.— 1 The government of Premier Kimon J Gueorguieff resigned today after nine months in office. King Boris immediately confmis- ! sioned Gen. Petko Zlatieff. who had j held the portfolio of war. to form a new cabinet. Premier Gueorguieff established a dictatorial regime May 19, 1934. Snow Is Forecast For Capital A rea Some T ime T onight Cold Weather, However, Js Expected to Arrive in Modifieil Form. More snow was promised Washing ton today as a rainy thaw freed the city of the last slushy deposits of Sat urday's storm. The sudden cold wave expected to night. however, should arrive in modi fied form, with a minimum of about 24 degrees. The Weather Bureau this morning predicted "snow tonight and probably tomorrow morning. Colder tonight and tomorrow." The forecaster said he expected a gradual drop in tem peratures over a period of several days. The weather map today showed a freakish trend Intense cold moving eastward from the Rockies had an aftermath of snow this morning as far south as Mobile. Alabama and New Orleans, with flurries expected in Northern Florida. Meanwhile, the Northeast was ex periencing warmer weather than usual Washington yesterday had the highest maximum this month—59— and the temperature around noon today was 37. where it had stood for several hours. The minimum of 24 predicted for Washington tonight, oddly enough, is the same as that expected at Jack sonville, Fla. SENATE MAYGET Restoration to Be Sought in Body if Committee Bans Acceptance. Although Senate rules may prevent the Appropriations Committee from attaching the immediate 5 per cent Government pay restoration amend ment to the pending deficiency reso lution. the question will be put before the Senate within a few days as an amendment offered from the floor by Senator McCarran if it is finally ruled out in committee. The subcommittee handling the de ficiency measure is understood to have discussed the parliamentary status of the pay amendment today, and while it has not completed its work, indica tions were that the rule against in cluding legislation in an appropriation bill would preclude a subcommittee recommendation for the amendment. The entire Appropriations Commit tee. however, would then have to act on the deficiency resolution before it goes to the Senate, and the question of including the pay amendment may be raised there. In any event. Senator McCarran will place the issue before the Senate when the deficiency measure is re ported. and will make every effort to have it adopted. It is believed by those familiar with the situation that there is a better chance of having the amendment incorporated on the floor than in the committee. If Senator McCarran succeeds in having the amendment adopted in the Senate, it would then go back to the House. The House has already passed the pending resolution which con tains supplemental operating ex penses for several Government com missions. but any items added in the Senate will have to be passed on by the House or sent to conference. SUBCOMMITTEE STUDIES ECCLES NOMINATION Glass Is Expected to Call Utah Man for Questioning on Qualifications. By the Associated Press. The nomination of Marriner S. Eccles of Utah as governor of the Federal Reserve Board was sent to a subcommittee today by the Senate Banking Committee for investigation ind study. The committee approved the re appointment of Adolph C. Miller, vet eran member of the board. The Inquiry into Eccles’ qualifica- j Jons was ordered on motion of Sena- ; or Glass, Democrat, of Virginia, one >f the authors of the Federal Reserve System, who has been making a per sonal study of the Utah banker s fit- , less for the high post. 1 4 TOW CHALLENGES SOVIET IN CHINA I Claims It Will Protect Peace, i Charges New Area Penetrated. By the Associated Press. TOKIO. January 22.—Sinkiang a huge Northwestern territory nominally belonging to China was indicated by statements in high official quarters today as the future scene of a con test between the expansionist ambi tions of two great Asiatic powers, Japan and Soviet Russia. A spokesman for the Japanese gov ernment said the Soviet's alleged eco nomic and political penetration of Sinkiang "menaces the peace and stability of Eastern Asia, which it is Japan's mission to maintain.” This development was mentioned by Kolti Hirota, foreign minister, in a formal address to the Diet. •'Watches With Concern.” Describing the recent retirement of Chinese Communist armies from Kiangsi province into Szechuan and Kweichow provinces. Hirota stated, "In view of this fact, coupled with the reported sovietization of Sinkiang. the Japanese government will be obliged to watch with concern activi ties of the Communist party and its armies in China.” The Sinkiang area of 550.000 square miles is rapidly falling under the domination of the Soviet like outer Mongolia, the foreign office spokesman said in amplifying Hirota's statement. "Our information, which emanates from high Chinese officials, shows thar the present leaders of Sinkiang are under the control of Moscow,” he con tinued "Further, we are informed that the retirement of Chinese Communists into Szechuan is purely a strategic retreat on orders carried to Com munist leaders in Kiangsi by an Indian agent of the Moscow Third Interna tionale named Rominats. "Chinese Communists are hoping to find close connections with Soviets dominating Sinkiang and outer Mon golia. “There is an old Chinese political adage, 'Who rules Szechuan can rule China.' Japan is compelled to view these developments anxiously.” Asked what Tokio proposed to do about it. the spokesman replied. "At present we can only watch.” Authori tative Russian quarters said the charges of Soviet political penetration into Sinkiang were fantastic, although they admitted that the Russian economic influence there has been greatly enhanced since the completion of the Turkish-Siberian Railway, affording an easy egress for Sinking's commerce. Turning to the Manchurian situa tion. the Japanese spokesman said that the Chinese Eastern Railway agreement was "virtually completed." Would Aid China. "In view of our position as China's neighbor and as a stabilizing force in East Asia," Hirota said in addressing the Diet, "it is our policy to try to assist China in the attainment of this goal. "Japan attaches great importance to her friendship with other states in East Asia and counts on their par ticipation in bearing the serious re sponsibilities for the maintenance of peace and order in this part of the World * * * “Japan and the United States nave been bound not only by the vital eco nomic relationship of mutual inter dependence elsewhere, but also by a historical bond of friendship. "There exists no question between the two countries which is intrin sically difficult of amicable solution. Certainly it is unimaginable that there should be any cause of conflict between two countries separated by the vast expanse of the Pacific.” ,--1 Guide for Readers Page. Amusements . B-14 Comics .B-ll Features .B-10 Finance .A-14-15-16 Lost and Found.A-9 Radio .B-6 Serial Story.,B-7 Service Orders.B-9 Short Story.B-5 Society .B-2 Sports •• •$«• A-12-13 HOUSE'GAG’EASED ON 14.800,000,000 WORK RELIEF BILL Democratic “Rebels” Force Liberalization—Measure Up Tomorrow. REPUBLICANS OFFER SUBSTITUTE PROPOSAL G. 0. P. Would Give Pro Rata Shares to States to Relieve Unemployment. By the Associated Press. With its Democratic revolters par tially appeased, the House Rules Com mittee today voted a liberalized "gag rule for House consideration of thi S4.880.000.000 relief program. The action was taken without a record vote as President Roosevelt conferred with Speaker Byms and Chairman Buchanan of the House Ap propriations Committee and after Democrat*; leaders had called a parly caucus today for 4 p.m. to bind the majority to support the measure. Soon after the House met the Dem ocrats forced adjournment until to morrow in a frank move to head off Republican attacks on the proposed procedure. The roll call vote on ad journing was 278 to 108. Representative Dunn of Pennsyl vania was the sole Democrat voting with the Republicans against the mo tion to adjourn. He later explained he was against all "gag rules’’ and "steam roller’’ tactics. The insurgents gained some con cessions. Debate on the rule was fixed at one hour, while three hours of debate were granted on the bill itself. Amendments to Be Offered. In addition, a motion to send the measure back to committee was as sured. and other amendments are to be offered by the Appropriations Commit'ee. The revolters demanded changes in the bill affecting classification of pub- • lie works projects to be undertaken. The measure will be brought up in the House tomorrow. After the White House parley quick adoption of the bill by the Housers predicted by Byms. The Speaker and _ Buchanan reported to the President there was every prosi>ect the admin istration measure would go through without change. The two House leaders said they called at the White House merely to report to the President. A majority of the Rules Committee had objected yesterday to the swift procedure proposed. This put the measure already one day behinc schedule G. O. P. Offers Plan. After a secret conference last night. Republicans, under the leadership oi Representative Snell, Republican, of New York, produced a plan to scrap the administration measure which would give the President the $4,880. 000.000 in a "lump sum.” with discre tion as to how it should be spent. Declaring Congress would be giving away its power by delegating such authority to the President, the Repub licans proposed a substitute. The chief feature of this, they said, aims at keeping the Government out oi competition with private business. Each State would be given a pro rate, share of the appropriation, to be spent only through private contractors in the administration's announced drive to transfer 3,500.000 persons from the "dole” to jobs. "We are united against this bill that would take away from Congress the right to appropriate and legislate." Snell said. Speaker Byrns had sought unsuc cessfully yesterday to bring the Rules Committee around to the administra tion view. Under the original sched ule, it was to have passed today. Cox Hits at Buchanan. Some leaders have expressed fear that if it were brought up witnout drastic curbs, the administration's "lump sum” idea would be wrecked under a rush of "log-rolling” designed to ear-mark sums for legislators’ home district* Chairman Buchanan expressed that opinion yesterday in arguing in vain with the Rlues Committee. Repre sentative Cox, Democrat of Georgia, replied: "That looks like an indict ment of the patriotism of the member ship of the House.” Snell spoke of "unprecedented dele gation of power to the Executive.” Among other provisions, the measure would empower the President to abol ish or consolidate Government agencies, make regulations providing for fines of $5,000 and two years in jail if violated and obtain real or per sonal property by eminent domain. Among the members of the Rules Committee who demanded more liberal debate on the bill were Representatives Smith of Virginia. Dies of Texas. Lewis of Colorado and Cox of Georgia. Buchanan Questioned. Buchanan was questioned closely by Rules Committee members as to who would head the unified relief-works agency President Roosevelt plans. This recalled that some House mem bers are reported angry over Secre tary Ickes’ handling of P. W. A. Buchanan's answer was that he could not say who would be chosen. Whether any move would be made later to let the "revolting members of Congress know the President's choice was not known. "The President has come to the conclusion.” Buchanan said, "that he can't bring about recovery unless we put 3,500,000 men to work. He wants the $4,000,000,000 now to start the transition from the dole to work relief.” The remainder. $880,000,000 is for carrying on direct relief and other activities while the change is beinf made, J APPROPRIATION , RESTAURANT illllhiilli. >11 W HAT A UAU! Heart Beats Stop 20 Minutes Before Birth, but Baby Lives By the Associated Press. MALONE, N. Y.. January 22.—Al though his heart ceased beating 20 minutes before birth, a Malone baby Is alive today and Is considered normal. The child, bom at Alice Hyde Me morial Hospital January 9, was taken home yesterday by his mother. Mrs. James Kollop. Hospital officials said that so fax as they knew it was the first such case in medical annals. Hospital attendants described the case as a breach presentation, one of the most dangerous both for mother and child. After srvcrM hours of la bor, the heart sound ol the baby dis n • appeared, and 20 minutes before the ; Ibirth it was found that the cord had 1 ceased to pulsate. The baby was delivered and adre nalin was injected directly into the heart muscle. Ten seconds later the heart began to beat spasmodically. A tank was filled with water at a temperature of 100 degrees P. and artificial respiration was employed while the child’s body was immersed Twenty-eight minutes later the baby gave its first voluntary gasp. Within an hour the baby was breath ing normally and has continued in : good health, gaining 9 ounces. 1 1