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Evening star. [volume] (Washington, D.C.) 1854-1972, March 09, 1935, Image 2

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Suspend Constitutional
Rights and Establish Mar
tial Law in Havana.
By the Associated Press.
HAVANA. March 9.—Constitutional
rights were suspended in Cuba today
after a night punctuated by shots and
Grimly determined to break the
strike which has disorganized the
nation's affairs, the cabinet and coun
cil of state suspended the national
constitution in a joint special session
at the presidential palace.
The joint body named Jose Pedraza
military governor of Havana Province.
This was considered the equivalent of
martial law, inasmuch as Pedraza.
whose rank is that of a lieutenant
colonel in the army, will take over
powers now in the hands of the civil
authorities. Pedraza, now chief of
the national police, was one of the
six sergeants who with Fulgencio Ba
tista overthrew the De Cespedes gov
ernment September 4, 1933.
Adopt Eight-Point Program.
An eight-point program was adopted
by the joint body as a substitute for
the constitution. It was not made j
The action puts the entire gov
ernment back on a revolutionary in- ί
stead of a constitutional basis.
A statement said among other .
things "all codes and laws of pro- ί
cedure and special laws promulgated
to date will be respected in so far as
they are not opposed to this decision.
Suspension of the constitution will
continue until a new agreement is
adopted by the cabinet and council
of state. The government is deter
mined to suspend the constitution
* * * while the state of the strike and
the seditious and revolutionary propa
ganda continues with the purpose of
filtering the public order. This action
çhall not indicate the re-establishment
of previous constitutions or statues."
As the government officials were
meeting frequent bombings and shoot
ings echoed in the Vedado residential
section several miles from the center
of Havana. Around midnight firing
broke out in the Cuatro Caminos sec
tion bordering the business district.
Army Declared Loyal.
Col. Batista, army chief, attested to
the loyalty of Cuba's military. He
declared any idea that the army might
be at the disposal of the revolutionists
could be dismissed.
He asserted it was the government's
firm determination to break the strike
and that "the armed forces will back
the government" in that purpose.
All government workers who quit
the service, he declared, would be
barred from any further goverment
employment, regardless of the out
come of the strike.
State Department workers quit last
night, despite the threat of Batista.
The cabinet authorized the grant
ing of provisional licenses to indi
vidual citizens to carry arms in
order to give protection to persons
filling the strikers' places.
Aurelio Alvarez, national leader
of the Autentico party, a leading gov
ernment opponent, was under arrest
at Camaguey.
It was estimated that nearly 400,
000 school teachers and students had
left their class rooms in leadership
of the movement to overthrow the
government. Newspaper publication
was virtually suspended by strikes
of employes protesting the govern
ment censorship.
Mrs. Richard T. Fleshman's Death
Brings Traffic Fatalities
to 20.
Mrs. Mary Elizabeth Fleshman, 18, '
of Berwyn, Md„ a bride of several
months, was fatally injured last night
when the automobile in which she
was riding with her husband, Rich
ard T. Fleshman, 23. collided with
another automobile at Nevada avenue
and Rittenhouse street.
Mrs. Fleshman received a skull frac
ture and died within two hours in
Georgetown Hospital. Her death
brought to 20 the total District traffic
fatalities for this year.
William H. Waters, jr., 16, 3921 j
McKinley street, driver of the other ;
automobile, was detained temporarily
by police, but later was released in ί
custody of his father by orders of j
Coroner A. Magruder MacDonald j
pending appearance at an inquest.
Mrs. Fleshman was the former Miss ί
Mary Elizabeth Jones and her parents
live at Harwood, Md.
In another traffic accident earlier :
yesterday Mrs. Ethel L. Davis, 31, of
Brooklyn, Ν. Y., suffered a knee frac
ture and shock when knocked down by
a delivery truck at Fifth and G streets.
She was taken to Emergency Hospital.
The truck was driven by Carl G.
Aufrecht, 35, of 1017 Third street, po
lice said.
ess in Brief
By the Associated Press.
In recess.
Agriculture Committee continues A.
A. A. hearing.
Commerce Subcommittee hears wit
nesses on food-drug bill.
Acts on home owners' loan exten
sion bill.
Interstate Commerce Committee
continues hearing on utility control
Flood Control Committee conducts
hearing on preliminary upper Missis
sippi project.
Passed $400,000,000 Army appropria
tion bill.
Received Post Office Committee re
port declaring Long charges against
Farley unfounded.
Debated $4,880,000,000 relief bill.
Finance Committee heard Donald
R. Richberg on N. R. A.
Agreed to increase home owners'
lending fund from $3,000,000,000 to
Agriculture Committee approved
Doxey bill-to exempt two-bale cotton
growers from Bankhead act tax.
Labor Committee approved Lundeen
old age pension bill.
Appropriations subcommittee asked
Secretary Swanson to explain his dis
agreement with Controller General
Ways and Means Committee heard
Secretary Morgenthau advocate strict
ictl-smuggling legislation.
What's What
Behind News
In Capital
New Deal Looks on
McCarl as G. O. P.
Dark Horse in 1936.
THERE are other things behind
this strange dispute between
the New Dealers and Con
troller General McCar),
Grown-up officials do not
Jose their tempers ordinarily over such
a question as whether the Navy should
pay the return fare of the families of
its officers stationed abroad. At least
they do not continue to throw cannon
balls at each other day after day on
such a trivial pretext.
The resistance of McCarl ^against
the speed of all New Deal expendi
tures is one explanation, but a deeper
contributing reason is that McCarl
may be a candidate for the Republican
presidential nomination next year.
His name has never been publicly
mentioned, but the New Dealers keep
as close an eye on the opposition camp
as they do on their own. They have
heard that McCarl is a potential can
didate and have seen signs to verify it.
Comes From Nebraska.
It is not as astounding as it may
sound. McCarl's term expires next
year. He comes from the right sec
tion (Nebraska), has been out of the
Republican political messes of the
past 15 years, is a stickler for the law
and for economy, holds old Progressive
ties through Senator Norris, whose
secretary he once was. A rally for
him could certainly be attempted, al
though it might lead him to a Senate
seat more easily than to the White
This matter was actually discussed
at a recent secret meeting of New
Dealers who have had spending trou
ble with McCarl. The agencies which
have had greatest difficulty getting
him to okay their expenditures are
F. Η. Α.. P. W. Α., Η. Ο. L. C„ Α. A. A„
N. R. A. and F. E. R. A. The Treasury
has had some trouble also, and prob
ably others. The only New Dealer
who has outwitted the controller is
Reliefer Harry Hopkins. When Mc
Carl insisted on auditing all the C. W.
A. vouchers. Hopkins made no protest,
but summoned a half dozen Govern
ment trucks and sent the controller
15 barrels full of Government checks.
He then called McCarl on the tele
phone and said: "Let me know If you
find anything wrong." McCarl should
be through looking within 15 or 20
years, if he applies himself to the
barrels diligently.
Estate Fights Humphrey Ouster.
Few know it, but the estate of the
late William E. Humphrey is carrying
on his court fight against his removal
from the Federal Trade Commission.
The suit ne started against President
Roosevelt before he died has been car
ried to the Supreme Court. It was
quietly sent there January 25 by the
Court of Claims. which ducked the
issue as to whether Mr. Roosevelt had
the power to fire Humphrey.
If Mr. Roosevelt wins this suit, Mc
Carl may have an opportunity to start
a presidential campaign before the
expiration of his term.
Trick in Belgian Pact.
The whooping New Deal publicity
about the Belgian trade agreement
did not say so, but there was a trick
in that treaty.
The lower import duties which we
promised to Belgium are applicable
not only to Belgium, but to every other
country. In other words, the reduced
tariffs we granted her are really gen
eral tariff reductions.
That was not entirely evident until
the Customs Bureau issued its routine
circular No. 1348 the other day, order
ing the general reductions or. the
articles mentioned In the Belgian
treaty. Such action is required be
cause we have treaties with most
nations promising we will not discrim
inate against them.
The Yankee traders are now in their
storm cellars here awaiting the re
Jokes about congressional abuse of
the franking privilege are obsolete
under the New Deal. It is not Con
gress, but the executive branch of the
Government which is responsible for
increased costs of carrying free mail.
The records show that this expense
increased about 75 per cent last year,
from $14,000,000 to $23,000,000. But
the cost of carrying free congressional
mail fell off from 91,000,000 to
Communications Row Looms.
Inner difficulties are developing in
the Communications Commission which
will make front-page news sooner or
later. The old Radio Commission
crowd is" not getting along at all with
the new members. It is impossible to
tell yet what form the break will take.
Townsend Clubs are not confined to
those over 60. From California comes
reports of Townsend Clubs made up
exclusively of young people; one
headed by a young lady in her 'teens.
The reason officially given for the In
terest of youngsters in pensions for
the old folks Is that "It would Insure
them a better chance for happy
marriages." Apparently some of the
youngsters have their eyes set on the
old boys and girls already.
A new kind of automobile came
rolling up to a downtown stoplight
the other day. It was streamlined,
with two wheels in front and one
oehind, with the motor over the rear
seat. Pedestrians looked inside, and
there, sure enough, was Mrs. Roosevelt.
She was accompanied by her good
friend, Amelia Earhart. ,
One of the heavier problems ol
government now is to find out the age
of a retired colored rail worker who
cannot remember when he was born
The Railroad Pension Board looked at
him and decided he was past retire
ment age. But Controller McCarl in
formed the board unofficially that th<
pension cannot be paid unless some
record Is presented. There Is no
record. The matter hu not yet de
veloped beyond the conversational
stage between McCarl and the Pen
sion Board, but you may hear about
it soon.
(Oopyrlcht. 1935.)
Housewives' League Head
Warns of Revolt in Price
By the Associated Pre»».
CHICAGO, March 9—Right now
American housewives are changing
their buying policies to meet the
problem of rising food costs.
But if prices keep going up. "women
will rebel!" Thus Mrs. Wilbur Pribley.
president of the Housewives' League
of America, detailed the tactics adopt
ed by the Nation's largest purchasing
class yesterday.
This was the burden of her opinion:
"We stretched our budgets as much
as we could. Now we are doing some
deep thinking, rearranging our menus,
buying cheaper foods and substituting
staples for many luxuries. We are
using more lowly vegetables, such as
parsnips and carrots, instead of ex
pensive green groceries.
"More yeople who relished Brussels
sprouts are eating cabbage now. More
fish is finding its way to the table.
It's cheaper than meat, and people
don't eat as much. We have gone
back to the old method of buying by
price instead of by quality."
Mrs. Pribley recalled statistics plac
ing food costs at a level 15 per cent
higher than a year ago and an Agri
cultural Department estimate that
they might ascend another 11 per cent
in 1935.
She epitomized the reaction of the
ladies of the '.and in this statement:
"We wouldn't mind higher prices if
our husbands' incomes were boosted
fContinued From First Page )
Europe are unduly alarmed over the
Balkan outlook.
This alarm evidently was caused by
new development* on four fronts:
Chargea and counter charges be
tween Bulgaria and Turkey, and with
Yugoslavia joining in with a reported
threat to invoke the Balkan pact if
Bulgaria attempts to aid Greece.
Not quite on the sidelines, in fact,
bitterly accused by Yugoslavia of
precipitating the whole embroglio in
a plot to break down the Balkan pact.
' Italy remained officially aloof, but
I dispatched three warships toward the
I Aegean Sea.
Papers Pessimistic.
Some London newspapers, despite
j the official tendency to play down
' any war scare, commented darkly.
The Daily Express said, "lucky, indeed,
ι Britain will be if some accursed pact
ι or treaty does not tie us up in that
Gypsy's quarrel."
j The London Times said:
"A large Turkish Army is now en
' camped between Constantinople and
; Maritza. This could not have been
1 assembled in the week elapsed since
the outbreak in Greece. The Turkish
government's preparations, so dispro
portionate to the requirements of the
Greek situation, indicate that Turkey
; has other ideas in mind."
Bulgaria Terms Turkish Situation
By the Associated Press.
GENEVA. March 9.—Nicolas An
tonofT, Bulgarian delegate to the
League of Nations, said today the Bul
I garian-Turkish crisis had been settled.
Antonoff announced he would de
1 liver a note to the League of Nations
j explaining that difficulties arising
! from the massing of Turkish troops
along the Bulgarian frontier had been
entirely liquidated. Antonoff said:
"We now are convinced there is as
much good will on the part of Turkey
as there is on the part of Bulgaria.
Our conversations have led us to be
lieve that Turkish frontier prepara
tions are not directed against Bulgaria.
Bulgarian Intentions Asked.
VIENNA, March 9 (/P).—The news
paper Der Tag in a dispatch from
: Bucharest today said Foreign Min
: ister Nicholas Titulescu had sent a
' memorandum to Bulgaria asking for
an explanation of Bulgarian inten
tions on the Greco-Bulgarian frontier.
The Bulgarian delegate to the
League of Nations at Geneva Thurs
day protested to the League that
Turkish troops were being sent to the
Turco-Bulgarian frontier in increasing
! numbers. The Turkish delegate re
sponded by saying his country could
' not overlook Bulgarian operations
along the Greek frontier.
Judge Dawson, Opponent of New
Seal Activities, Considers
Agricultural Measure.
By the Associated Press.
LOUISVILLE, Ky., March 9.—Fed
eral Judge Charles I. Dawson, who has
declared unconstitutional the N. R. A.
and Government condemnation of
land for slum clearance, today had
before his court a third New Deal brain
child, the Kerr-Smith tobacco control
When Government Counsel Robert
N. Anderson and Donald McGuineas
defended the act In oral arguments
pointing out that the Oleomargarine
act and the Harrison narcotic act
likewise were control measures writ
ten as tax laws, Judge Dawson said:
"Frankly, I'm against you on the
constitutionality question."
Judge Dawson said he was puzzled
over the question of his jurisdiction
and asked counsel to submit briefs.
"I believe the Constitution should
not be rewritten by législation," ht
continued, "but that any change in il
should be submitted to the people."
The case concerns a petition bj
Oscar, Frank and W. Ε Penn, tenant
farmers of Lexington, to enjoin en
forcement of the act, which levies a
25 to 33 Vi per cent tax on tobacco nol
covered by a Government crop reduc
tion contract.
Paris Law Aimed at IT. S. Film*
PARIS, March 9 [IP).—A proposa
was made in the Chamber of Depu
ties yesterday to reduce receipt taxe:
on motion picture houses showing
only or mostly French pictures.
Since Americans do about 40 pei
cent of the movie business, It was be
lieved the project. If carried through
would heavily curtail the display α
films made in the United State·.
Denied Request to Probe
Chairman, Senator Turns
on Aid Bill.
(Continued From First Page.)
funds from Federal workers, as Long
The majority found that a letter
rent out for funds had been signed
by Joseph J. Cotter, a Democratic Na
tional Committee officer, and the
"mere fact that Mr. Farley's name
appeared on the letterhead does not
indicate that Mr. Farley solicited
funds, and as a matter of fact Mr.
Farley denies having known of the
Issuance of the letter." It also was held
such solicitation was not prohibited
by law.
Cite $1,100 Donation.
As for the charge that Farley ac
cepted a $1,000 donation to the party
campaign funds from E. P. Knotts, a
man under Indictment In 1933 for
mall fraud, and that this sum had
been collected by Clyde O. Eastu*, a
United States attorney In Texas, In
return for "arranging" the Knoits
case, the committee said:
"The very fact that Mr. Farley
wrote the letter quoted by the author
of the resolution thanking Mr. Knoits
lor the contribution tends to show
the innocence of Mr. Farley. Mr
Farley did not know the man and
had never heard of him, and under
the circumstances he cannot be
blamed for his action in the mat
The majority also asserted a fraud
order later was issued under authority
of Farley against Knotts and the lat
ter was indicted and convicted.
Patronage iiud uenim.
The majority report, regarding
Long s charge that Farley held up an
R. F. C. loan to the Baltimore &
Ohio Railroad until former Gov.
Cornwell of West Virginia, an official
of that road, agreed to support Clem
Shaver for the Senate, listed a letter
irom Chairman Jones of R. F. C. say
In the opinion of every member
of our board the loan was well se
cured and neither Mr. Farley nor any
one else ever spoke to me or to any
other member of our board about
this loan, except officials of the Balti
more & Ohio Railroad and the bank
ers who handled the issue."
Dr. Edmund A. Walsh, S. J., vice
president of Georgetown University,
said in a lecture last night that "the
I curve of public confidence has
I plunged downward with a sickening
thud" this week as a result of speeches
I —which he indirectly identified as
j those of Long and Johnson — and
; "evidences of stalemate, ceaseless
chatter and internal dissension at the
j top."
Sees Serious Consequences.
"The Nation has listened to two
I public addresses, one by a distin
; guished administrator of recent legis
lation and another by a rather well
known Senator of the United States,"
: he said. .. ,
"These two speeches tore the but
tons off the foils and with their in
' venomed points raised issues that may
, well have serious consequences.
"The last week, too, saw the United
States Senate turned into a one-ring
circus with invective and abusive
repartee flying Indiscriminately and
merrily through the chamber—while
the breadlines Increase outside, the
unemployment danger still persists
and a general breakdown of recon
struction is tacitly admitted even in
administrative circles. · · ·
Fears Patience May Break.
"When the sorely tried patience of
the masses will reach bottom, and
upon what desperation It will then
embark, is hidden in the unpredict
able future. But one thing would
appear to be certain. The point of
recoil cannot be far off. · · ·
Deficit of Four Million
Pesog Overcome by
Want» People to Be Able
to "Take Over"
for Selves.
An Irishman with shaggy red eye
brows and a fighting jaw, who ad
mits a boyhood love οf the Erin pas
time and pleasure, perched precari·
ously on a radiator at a Washington
hotel yesterday and talked of his ac
complishments, plans and ideals lor
the Filipino people.
Prank Murphy, with eyes as blue
as the Killarney, soon will return to
the Philippines as Governor General
οΓ the Islands, carrying with him the
praise of President Roosevelt, to
whom he made a report of conditions
in his territory.
Characteristically, Murphy has his
ideals. But ahead of ideals comes
efficiency and stability in govern
ment. Taking with him his ideas of
government from Detroit in June of
1933. Murphy has so ruled the 49
island provinces that now there is
a surplus of nearly 20.000.000 pesos
in the treasury, 7,000,000 of which Is
an outright surplus, while about 13,
000.000 Is appropriated, but unspent.
This is in contrast to a deficit of
more than 4.000.000 pesos when he
arrived on the job.
Stability First.
"The first thing we strove to do
upon taking over the reins of gov
ernment," the Governor General said,
"was to establish stability in govern
ment in order to give the people a
greater sense of economic security,
j The records will show how well we
have done that."
But Murphy is modest about the
accomplishments. He said: "People
give me all the credit for doing so
much for the islands when, as a mat
1 ter of fact, I attribute most of It to
I the people who have so valiantly aid
ed me in carrying out the plan."
As to his ideals. Gov. Murphy says:
"Everything we do in the islands
must look toward establishing this
stability of government, if for noth
ing else but as pride in accomplish
ment. Our 36 years of government
in the Philippines must so establish
I the government that the Filipino peo
I pie can 'take over' with a full sense
j of security when we step out."
j Murphy has proved himself highly
popular with the Filipino people with
his financing as well as with his so
cial reform measures. His rule in the
islands elicited the remark from Pres
ident of the Senate Manuel L. Que
zon that "he Is the best governor we
have ever had."
Experience In Detroit.
The whole principle of government
was based upon his experience as
mayor of Detroit—which means only
Vigorously defending section 7-a of
i the national industrial recovery act, ;
Sidney Hiliman told a University of
I Cincinnati forum last night that "em
! ployers who Interfere with the right
of workers to organize are acting in a
1 criminally illegal manner."
Hiliman is a member of the N. R. A.
Advisory Board and president of
the Amalgamated Clothing Workers'
"The National Recovery Admin
istration," he said, "is proof that we
have come to maturity as a nation in
our understanding and in our han
dling of the problems arising out ol a
complex economic system."
Star Nearly Free Again
By the Associated Press.
LOS ANGELES, March 9.—Jean
Harlow, platinum blond screen siren,
today completed service in ber divorce
action against Hal Rosson, film cam
eraman, and the case probably will be
called for trial Monday.
Rosson, third husband of the film
actress, was in London at the time
Miss Harlow filed the suit, and it was
necessary for her to obtain service by
publication. The final affidavit has
just been complétée.
Rosson will not contest the suit,
based on allegations of cruelty.
Miss Harlow alleged the "ace" cam
eraman, whom she married in a sur
prise airplane elopement to Yuma,
Aris., September IS, 1933, sat up until
the early morning hours In her bed
room to read, thereby preventing her
from obtaining the rest she needed to
carry on her work in pictures.
The actress also charged Rosso η was
sarcastic, embarrassed her at social
functions and often refused to mingle
with guests who were being enter
tained at their home.
Miss Harlow's first husband was
Charles F. McGrew. member of a
wealthy Chicago family. Her second
was Paul Bern, screen studio executive
who committed suicide September 6,
Roes in and Miss Harlow separated
May δ, 1934. Since then he has not
been in charge of the cameras in her
that he confines his spending to in
come. Where he called in the various
department foremen for conferences In
Detroit, he called in chiefs of the 49
provinces in the islands.
In the early days of his governor
ship of the islands the populace, or
rather the politicians, were outraged
when he plugged up the holes in the
pork barrel. Thus patronage çraft
amounted to more than 5,000,000
pesos, or $2,500.000.
"We found practically the same
conditions, in so far as political
spending was concerned, in the is
lands that we had left over here," he
said. "You can imagine what a hue
and cry would be raised if you sud
denly took away the politicians' pat
ronage. Well, that is just what hao
pened over there. We confined pub
lic works spending to absolute neces
During his administration, Murphy
has vetoed or disapproved expendi
tures of more than 30.000.000 peros.
He even vetoed iome ■ of his own pet
measures when they threatened to un
balance the budget.
"Our first aim in the Philippines is j
to have a happy, contented people. In
order to give them this, we must first
give them stability in government and
soçial security," the Governor Gen
eral said. "We have taken a long step
toward this goal and before the Fil
ipinos take over self-government, they
will be ready for it and I have every
confidence that they will do it ably
and well."
So from a small Michigan village, :
where the Irish lad jumped on a
board and cut his upper lip, 35 years
ago, has come a man who has, in all
ι probability been the first to put a ;
1 government on a paying basis, and
during the worst depression in his
: tory.
Asked about the scar on his lip and
! if it was received in the true Irish
manner, via scantilon or a shillalah.
the Governor General replied:
"No, the other fellow got all the 1
[ marks."
Son of Wealthy Manufac
turer Stabbed to Death.
Clues Lacking.
By the Associated Press.
YPSILANTI, Mich., March 9.—A
fiend killer who wields a two-edged
knife was sought by local and State
police today for the murder of 7-vear
old Richard Streicher jr., whose body
was found stuffed under a footbridge
leading to an island park in the Huron
River yesterday. :
Prosecutor Λ1 Rapp said authorities
were without a clue, and in an effort !
to pick up a tead had questioned and ι
released several men
Dr. Stacey C. Howard, pathologist, de- !
scribed the case 3s a "sex crime" after \
he compleced his autopsy. He said he j
found by his examination that the j
boy's body core 10 stab wounds.
He declined, however, to explain his
theories that it was a "sex crime."
He also said the slayer "either was a
degenerate or was motivated by in
tense hatred, possibly a desire for re
Young Streicher. son of a wealthy
tool and die manufacturer here, left
home after school hours Thufsday and
was not ceen again until two school
boys found his body under the bridge.
"We have not been able to discover
that the crime was committed by any
one seeking revenge,' said Rapp. "The
family has no enemies. We are still
working on the theory that the child
was killed by a degenerate."
Dr. Howard indicated that it would
have taken the strength of an adult 1
to have inflicted the fatal wounds.
Speaker Byrns Informs Press
Conference Action Will Prob
ably Follow Thursday.
The special rule for the bonus bill
probably will be reported to the
House Wednesday and then allowed
to lay over until Thursday for action,
Speaker Byrns told his press confer
ence today.
Owing to the fact Representative
Vinson of Kentucky, author of the
bill, has been called home by the
critical illness of his mother, this
program may be changed.
The Speaker ridiculed the proposal
to have debate occupy 10 or 12 hours,
pointing out that the older members
have had abundant opportunity to
express their views on this legisla
tion. He remarked that it might be
a good idea if the young members
alone might be allowed voice so that
they might get their views before
their constituents and for insertion
in the records.
Opera Singer Accuses Man.
LOS ANGELES. March 9 C4>).—
Herbert Leslie, movie studio property
man, was ordered held for trial on
an assault accusation after a prelimi
nary hearing yesterday in which he
was accused by Emily Morris, an opera
singer, of breaking her jaw. Miss
Morris testified she took food to Les
lie's home to give to his family. Les
lie resented her appearance there,
she Mid, and attacked her.
Found Slain
Copyright, A. P. Wirephoto.
U. S. Judge Finds Garment Com
pany Was Not Engaged in
Interstate Commerce.
By the Associated Press.
ST. LOUIS, March 9.—Ruling that
Congress was without power to fix hour
and wage scales for them. Federal
Judge Charles B. Faris today denied
the Government's suit to force the
National Garment Cc. and a subsidiary,
National Underwear Co, to comply
with N. R. A. codes.
Judge Faris citcd numerous decisions
of the United States Supreme Court
in the written opinion in which he
said he was "constrained to conclude '
that no valid power lies in the Congress j
to fix by law hours of labor and mini
mum wage scales for employes of
these defendants."
The court found that the two com
panies were not engaged In interstate
commerce and had not elected to be
bound by the code of the underwear
manufacturing industry or its regula
3oard Consults Books on
Admittance of Union
Trust Stock Deals.
ly the Aasociited Pre«3.
PITTSBURGH. March 9 —The fight
iver whether the buying and selling or
torts by the big Union Trust Co. U
lertinent to Andrew W. Mcllon'e '.n
ome tax case put the referees—the
rax Board of Appeals—to studying
aw books today.
The hearing of the $3,089,000 tax
•ase is at a standstill until the three
nembers hearing it decide whether
evidence sought by Robert H. Jackson,
government counsel, should be ad
Derision Possibly Monday.
To his farm in Ohio, Presiding
Member Ernest Van Foesan went with
his two colleagues to mull over the
question. A decision is possible Mon
Throughout the hearing the Gov
srnmrnt has charged that Mellon sold
securities to Union Trust, the central
hanking institution of the Mellon
family, with the purpose of buying
them back after the statutory 30 days
and claiming tax losses in the mean
Jackson precipitated the argument
two days ago when he sought to have
Carl R. Korb, youthful vice president
oi Union Trust, say whether the insti
tution had indulged in deals for the
benefit of its officers and patrons by
which it held securities for 30 days
and then resold them. He argued the
evidence is one of the most important
parts of the Mellon case.
Objecting violently, Frank J. Hogan.
chief counsel for Mellon, yesterday
told the board:
"Argument to permit any such evi
dence into the records is logically un
sound and legally repudiated by the
decisions (referring to several he
BY $200,000 SURPLUS
Expenses Paid and Tax Collec
tions Heavy, Officials Decide
to Pay Off Bonds.
By the Associated Press.
STEVENS POINT. Wis.. March 9.—
What to do with all the surplus money
was the problem troubling city offi
ciais here.
With all current expenses paid, the
city has $200,000 in cash on hand and
tax collections are running $50,000
ahead of last year.
The Council found it costly to have
so much money because of the fees
required under the State guaranteed
deposit plans.
To alleviate the situation, officials
decided to pay the principal and in
terest to maturity on Stevens Point
general obligation bonds due during
Man Accused of Post Office Bob
bery Captured After Chase.
COLUMBUS. Ohio, March 9 OF).—
Charged by Postal Inspector Guy E.
S'ewlon with post office robbery. Wil- ♦
liam Ρ Lyons, 27, was shot in the leg
during a wild chase opposite Ohio s
capitol late yesterday.
Jack Throckmorton and Frank
Carey, policemen of Upper Arlington,
Columbus suburb, reported that Lyons
leaped from their machine and ran
through the Neil House Hotel.
During the chase the policemen fired
seven shots, one in the hotel lobby.
The policemen reported Lyons was
shot and captured after a two-block
Highest Salaried
Banker in America
Dies at Seashore
H, C. McEldowney of
Pittsburgh Union Trust
Is J'ictim of Stroke.
By the Associated Press.
PITTSBURGH, March 9—Henry
Clay McEldowney. who as president
of the $300.000.000 Union Trust Co.
of Pittsburgh was listed last year by
the Government as the highest sal
aried banker in America, died today
in Atlantic City, his family was in
The banker, close associate of An
drew W. Mellon, had been in a semi
coma for several days after suffering
a stroke of paralysis, his second with
in two years. He would have been 67
years old March 10.
The Government reported his sal
ary as $180,000 for 1934.
McEldowney was regarded as a
banker of the "old school" in Pitts
The son of a house painter, Mc
Eldownrv went to work as a messen
ger at the Pittsburgh National Bank
of Commerce In 1887, directly after
graduating from high school. He had
worked to the position of assistant
cashier when, on June 1, 1900, An
drew W. Mellon and his close friend,
Henry Clay Frick, had him named
president of Union Trust.
Monoxide Kills Man in Garage.
SUNBURY, Pa., March 9 UP).—
Carbon monoxide gas killed K. Alfred
Berg, 42, yesterday while he repaired
his automobile in a garage. Berg was
an insarance man and a former dis
trict manager for the Metropolitan
Life Insurance Co. He was a native
of Sparrows Point, Md.
Frederic J. Haskin
Price $1
at The Evening Star
Business Office, ot
by mail, postpaid
Sty* burning &tar
Offers Its Readers
This Worth-While
It explains the permanent
departments of the Federal
Government and the Alphabet
Bureaus of the New Deal.
Every American should
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