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WEATHER. ** "H r————— IU. 8. Weather Bureau Forecait.) rpi. n __ Showers tonight, probably clearing to- • c* ©Veiling, paper morrow morning: slightly cooler tonight. in Washington with th© rS»rrw:T4“S«1^-XhrS; • Associated Press News 88. at 4:30 pm. yesterday: lowest, 57. and WirephotO Services. Full report on page B-8. Closing New York Markets, Page 16_ _ ,SSi 140,810 No. 33,620. wartmgESjTc? .WASHINGTON, D. C., MONDAY, MAY 18, 1936-THIRTY-FOUR PAGES. *** op> Means Associated Pr.*.. TWO CENTS. -.- -. ■ 1 ..—.■ ■ . — » DECISION SPLIT, 5 TO 3; 1935 RELIEF ACT VOIDED BY COURT OF APPEALS - ■ '■ ■ ■ A ______ «8i —. — ■ - Majority View Is Given by Sutherland. PRICE FIXING IS CONDEMNED Labor Provisions of Act Also Ruled to Be Invalid. BACKGROUND— Guffey bill establishing little N. R. A. for soft coal industry was under heavy fire from earliest con sideration in Congress. In answer to critics charging unconstitution ality. President Roosevelt asked passage of law despite such doubts. Case testing law has been pend ing in Supreme Court for many weeks: conflicting decisions had been rendered in lower courts. The Guffey coal act, passed to regulate hours and wages in the soft-coal industry, was declared unconstitutional in its entirety by the Supreme Court today. The justices divided five to three in their opinion, with Chief Justice Hughes concurring in part. Justices Cardoso, Brandeis and Stone dissented outright from the majority opinion. uuobiw. iiugiivo niuw o separate opinion in which he held the act and code "may be sustained in relation to the provisions for marketing in interstate commerce, aryl the decision of the courts below, so far as they accomplish that re sult, should be affirmed.” In other respects he agreed with the majority opinion. Industry to Be Affected. The unfavorable decision is expected to have far-reaching consequences in the soft coal industry. While the leg islation was being drafted. President Roosevelt considered it of such im portance that he urged members of Congress "not to let doubts as to its constitutionality” stand in the way of its passage. The majority opinion was delivered by Associate Justice Sutherland, who said in part: "The conclusion is unavoidable that the price-fixing provisions of the code are so related to and dependent upon the labor provisions as conditions, considerations, or compensations, as to make it really probable that the for mer being held bad, the latter would not have been passed. The fall of the former, therefore, carries down with it the latter. "The price-fixing provisions of the code are thus disposed of without coming to the question of their con stitutionality, but neither this dis position of the matter nor anything we have said is to be taken as indi cating that the court is of the opinion that these provisions, if separately en acted, could be sustained. Left for Future Decision. "If there be in the act provisions other than those we have considered, that may stand independently, the question of their validity is left for future determination, when, if ever, that question shall be presented for consideration.” The opinion disposed of four cases. One was a suit brought by James Wal ter Carter, president of the Carter Coal Co. of West Virginia, against his own company. Two others in i See GUFFEY ACT Page 7TT* -% , ■ ... - NAVAL TREATY GOES TO SENATE FOR VOTE Walsh Terms Tri-Power Pact “Disappointing"—Sees Limi tations Ended. By tht Associated Press. The new tri-power naval treaty signed by the United States, Great Britain and Prance went before the Senate today for a vote on ratifica tion. Senator Walsh, Democrat, of Mas sachusetts, who is expected to be come chairman of the Naval Affairs Committee as successor to the late Senator Trammell, yesterday de scribed the treaty as “disappointing.” Walsh said the pact “sets aside the slight restrictions and limitations that were established in the Washington and London treaties on the amount of naval armaments permitted each signatory.” The treaty attempts to limit the size of ships in various categories, but does not restrict their number. “Rainbow Over Broadway” A Thrilling New Serial -By— Alma Sioux Scarberry Begins Today on Page B-13 'I--—-*—e $2,515,082,158 Is Expended Under Act Held Unconstitutional By the Associated Press. Up to March 31, the last date for which figures are available, $2,515,082,158 had been spent under the relief act which the United States Court of Appeals ruled against today. The act appropriated $4,880, ' 000,000 for winding up the Fed eral dole and inaugurating work relief. Allotments which President Roosevelt has made from this fund include: Resettlement Administration, $230,398,400; Works Progress Administration, $1,363,926,901; Bureau of Public Roads, $500, 000,000; Civilian Conservation Corps, $527,479,450; Puerto Rico Reconstruction Administration, $33,377,380: Reclamation Bureau, $76,680,000; Navy Department, $17,542,716: Public Works Ad ministration, $447,476,447; Rural Electrification Administration, $10,546,812: Treasury. $50,241, 066; War Department, ^146,341, 386. In addition. $938,530,085 was spent on direct relief during the transition from the dole to work relief. [ Not all of the sums allotted has been spent. New Council Ends Strike and Lays Plans for So cialistic State. BACKGROUND— Tejada Sorzano became Presi dent of Bolivia bp a coup in 1934. His term would have expired in August. Continuance of state of war after end of 1932-35 Chaco conflict brought the administration into disrepute and also wrecked the Civilian Republican and Liberal parties. A new Socialist organiza tion called for a military dictator ship. By the Associated Press. LA PAZ, Bolivia, May 18.—A pro visional junta of soldiers and So cialists ruled Bolivia today after the civilian government of President Jose Luis Tejada Sorzano fell in a peaceful military coup. The new council called war hero Col. David Toro back from the Gran Chaco to become President, gained suspension of a general strike move ment and proclaimed as its objective to “orient the nation toward a social istic state by prudent, gradual means, without convulsions.” Advices from the interior indicated absolute tranquility prevailed through out this South American state of al most 3,000,000 people. Followed Paraguayan Upset. The government overturn was the second to arise in the aftermath of the long Chaco War. Bolivia's soldiers seized power just three months after their former enemies in Paraguay ousted President Eusebio Ayala and installed Col. Rafael Franco as chief executive. Col. German Busch, acting chief of the Bolivian Army General Staff, led the swift, successful La Paz coup d’etat. So sudden and unexpected was the movement that President Tejada Sor (See BOLIVIA, Page A-4.) DRUKMAN GRAND JURY INDICTS PROSECUTOR New York Detective Also Charged With Conspiracy to Ob struct Justice. By the Associated Press. BROOKLYN, N. Y., May 18.—An assistant district attorney of Kings County and a New York City detec tive were among eight persons in dicted today by a special grand jury investigating the Drukman case. The Indictments charged con spiracy to obstruct justice in the pre vention of indictments and prosecu tion in the slaying of Sam Drukman. Among those indicted were Assist ant District Attorney William W. Kkinman of Kings County and Guiseppe F. L. Dardis, former New York City detective. Also named in the indictment was Henry G. Singer, former assistant United States district attorney for the New York district. Singer is under a previous indictment in the case. COOLER WEATHER DUE TO FOLLOW SHOWERS Cooler weather is due in the Capital during the next 24 hours, following showers tonight, the forecaster pre dicted today. This afternoon, however, will be warm, with the mercury expected to approach yesterday's maximum of 88, recorded at 4:30 p.m. The showers probably will let awning. States’ Rights Invaded, Is Ruling. TUGWELL UNIT HELD ILLEGAL Opinion Hits Dele gation of Powers ' to President. In a startling and sweeping opinion, the District of Colum bia Court of Appeals this morn ing declared the $4,880,000,000 relief act of 1935 unconstitu tional on the grounds it at tempted an improper delegation of powers to the President, an invasion of States’ rights and a lack of definite authorizations. The opinion gives a doubtful status to numerous activities now under way with funds allocated from the $4,880, 000,000 “pot.” among them being the low-cost housing, slum clearance and rehabilitation programs operating under the Resettlement Administra tion. At the same time. It creates a doubt which may result in sharp revision of the pending relief appropriation bill and in more specific drafting of all legislation. During the Roosevelt ad ministration’s term of office wide and loose delegation of powers to the ad ministrative branch has become a habit of the Congress. Immediate Appeal Planned. The decision was rendered specif ically in the case of a model com munity project of the Resettlement Ad ministration in the township of Frank lin, Somerset County, N. J.. but the court took occasion to depart from consideration of this project alone and declared that the whole relief act ‘‘at tempts to reach and control matters over which the Constitution has given no powers.” • Solicitor General Stanley Reed said an appeal would be taken to the Su preme Court at once. He told newspaper men that after a hurried reading of the opinion he believed it was ‘‘narrow” and confined to construction projects for shifting population under the resettlement ad ministration. “I am not trying to minimise the opinion,” he added. “We wanted it the other way.” A spokesman for Harry L. Hopkins said the work relief program would go on despite the decision. With Congress in session, he said, the act could be amended to meet the court’s objections. The Resettlement Administration had been allotted (230,398,400 of the works relief fund. Hopkins’ Works Progress Admin istration had received the largest al lotment of $1,363,926,901. Tugwell Is Silent. Resettlement Administrator Rex ford G. Tugwell would make no com ment on the opinion, but other offi cials of the R. A. made the guess that no activities of the administration would be halted until the Supreme Court has made known its attitude toward the issue. The Franklin project, better known as Bound Brook, has been tied up since last January, when property owners and taxpayers attacked the project on the grounds of loss in tax revenue to the local community. Dis missal of the injunction suit was ordered in District Supreme Court several months ago. but the plaintiffs carried the case to the appellate body. Referring to the act as the “mo6t stupendous single appropriation ever made by a legislative body,” the court said the “emergency” of a depression was “not sufficient to expand the power of Congress to tax and spend (See RESEl’l'LEMENTrPage A-4.) Pope's Coachman Dies at 91. Rianldo Jacchini, who has Just died in Vatican City, Italy, at the age of 91, served in the Papal stables for 71 years, under five popes. During the long voluntary “captivity” of Leo Xin within the Vatican Jacchini had or ders to drive the Pope daily round the gardens, and if the pontiff slept to keep on driving until he awoke, r—■■ ^ . i* N TO M IN CALL FORARMSPARLEY Would Include Germany in Move to Give Reich “Legitimate Army.” MAY FOLLOW LONDON ON ETHIOPIAN STAND French Socialist Leader Repeats His Appeal for International Peace Campaign. BACKGROUND— Leon Blum, president of the French Socialist party, emerged as victor in recent Deputies elections and will head France’s next cabi net. The swing to the Left, seen in the vote for Blum's "People's Front," has been considered a mandate of the people for swift, decisive action to stimulate employ ment, keep credit conditions stable and improve France's relations abroad. By the Associated Press. PARIS, May 18.—Leon Blum, pre mier-designate of the incoming "Peo ple's Front'’ government, has asked British Foreign Secretary Eden to join him in calling a disarmament confer ence, the foreign affairs expert, Per tinax. reported today. Writing in the newspaper Echo de Paris. Pertinax said Blum proposed that Germany be invited to such a parley in an effort to give the Reich a legitimate military strength in pro portion to its status among the world Dowers. Pertmax said the French Socialist leader agreed also to take no initiative in the Ethiopian controversy, but to follow London's lead {ft its attitude toward sanctions and Italy's annexa tion of conquered East African terri tories Blum conferred here last Friday with Eden during the British secretary's return trip from Geneva. Favors Democratic Regime*. The Leftist leader himself, writing in the Socialist newspaper Populaire, reaffirmed his desire for international co-operation toward European peace, but announced France's new govern ment would look with greatest favor on regimes with democratic ideals. Blum, whose party won the greatest representation in the new Chamber of Deputies convening next Month, re peated the appeal for an international peace campaign which he made last Friday before the American Club. The premier - designate declared “France is drawn toward those nations which remain faithful to democratic liberties.” but insisted peace was a task for all nations and must be won through a system of collective security. Labor Program Demands. Leon Jouhaux, general secretary of the Labor Federation, said today that before his organization would enter into the "people’s front” government it demanded a program including im mediate nationalization of the arms industry, a 40-hour week without wage cuts, workers' participation in industrial control and an increase in the maximum school age. He told the federation's National (See ARMS, Page 2.) HEARING LIKELY TODAY IN DILL ALIENATION SUIT Former Senator, Co-defendent in 925,000 Action, Denies Charge. By the Associated Press. MOUNT VERNON. Ohio, May 18. —A $25,000 alienation of affections suit, brought by Mrs. Margie Heaton Dill against former United States Senator Clarence C. Dill of Spokane, Wash., and Washington, D. C., was scheduled for hearing before Com mon Pleas Judge Philip L. Wilkins today. Named as co-defendant in the suit was Mrs. Grace Dill of nearby Fred ericktown, mother-in-law of the plain tiff and sister-in-law of the former Senator. The plaintilf charged in her peti tion that the defendants attempted to break her family ties with Wendell Dill, whom she married in May, 1934. the day after they were graduated from Fredericktown High School. She charged that the defendants ar ranged to have an illegal operation pertormed on her in Washington, D. C. The former Senator denied the charge in an answer to the suit. The mother-in-law also denied the charge. (WHAT WE WAMT To know, DccA IS HOW'LL THE WEATHER BE \ ON THE THIRD OF NOVEMBER!/ OFFItF dkChTs Mm SUNSHIHE expert 0 ^S^Sp^ss^ Flaivs in Street Car Service Turn D. C. Patrons to Busses Irregular Schedules and Increasingly Sloiv Speeds of Trolleys Found Cause of Loss of Passengers. This is the second of a series of articles on the transportation prob lem in the Capital. BV JOHN H. CLINE. The street car always has been, and still is, the backbone of Wash ington’s mass transportation system, but It is gradually losing ground. Slowly, the bus is taking over more and more of the street car patrons— not because bus service is inherently better, but rather because the street car service furnished by the Capital Transit Co. has become so abominable on some lines that the public simply refuses to ride the cars. In 1935 the company owned 683 street cars and 375 busses. The latter carried 20.822,408 passengers, while 130.219.872 passengers rode the street cars. Oross operating revenue from street cars was S7.844.855. while that from bus operations was $1,488,035. These figures clearly demonstrate that the street car is anything but passe in Washington, yet this im portant mode of transportation has been allowed to fall on exceedingly evil days. An interesting side light on the type of emergency service the transit company is capable of affording is set forth in the report of a survey made by a representative of the Pub llc Utilities Commission at Thomas • See STREET CARS, Page~A^57) HOEPPELS LOSE PLEA TO COURT Appeals Tribunal Rules Against Representative and Son. The United States Court of Appeals today upheld the recent conviction of Representative John H. Hoeppel of California and his son, Charles J. Hoeppel, of conspiracy to solicit $1,000 in payment for a West Point appoint ment. Soon after the court’s decision was made known. Assistant United States Attorneys David A. Pine and Samuel Beach announced they would nolle prosse another indictment stiU pend ing against the Hoeppels, which charges the father and son actually solicited the $1,000 involved in the conspiracy case. Convicted about a month ago, after a long trial before a District Supreme Court jury, the defendants each re received a sentence of from four months to a year in prison. They are expected to see a review by the United States Supreme Court, rather than accept the decision by the local appellate tribunal. Campaigns for Re-election. Representative Hoeppel now is in the midst of a heated re-election campaign, while at liberty under $2,000 bail. Because of the effect on his campaign of the pendency of the second Indictment, Hoeppel two weeks ago asked United States Attorney Leslie C. Garnett either to nolle prosse it or to bring him and his son to im mediate trial. Last week. Justice Daniel W. O’Donoghue. in a Anal ruling on this request, held it would be improper to try the second case while the conspir acy conviction was still under con sideration by the Court of Appeals. During the trial, the Government contended the Hoeppels conspired to accept $1,000 from James W. Ives, (See HOEPPEL, Page 2.) Readers’ Guide Page. Amusements.B-16 Answers to Questions_A-8 Death Notices_A-10 Editorial-A-8 Finance—.A-15-16-17 Lost and Found_A-3 News Comment Features..A-9 Radio- A-14 Serial: “Woman In Love”..B-9 Serial: “Rainbow Over Broadway_B-13 Society .. B-3-4 Sports ...A-12-13-14 Washington Way^ie.A-2 Women’s Feature^_B-10 p.w.n’swour IS SEENBV ICKES Suggests Aiding Unit Finan cially by Expanding $250, 000,000 Revolving Fund. BACKGROUND— Administration is asking 11,500, 000,000 to finance relief program for coming fiscal year. With none of funds earmarked for either P. W. A. or Resettlement, it seems cer tain that Hopkins and W. P. A. will be big spenders. As both of former agencies made plans for curtail ment or discontinuance on July 1, however. President announced they may be continued in modified form by allocation from W. P. A. to them. By the Assoc la tea Press. Secretary Ickes told a Senate Ap propriations Subcommittee today that "a way out” of the Public Works Ad ministration's financial position might be found in the expansion of the $250,000,000 P. W. A. revolving fund and the relaxation of statutes govern ing its operation. The P. W. A. administrator, whose organization is scheduled for curtail ment under the $2,364,229,712 relief deficiency bill before the subcommit tee, testified behind closed doors. Downtown, as he spoke, the District of Columbia Court of Appeals held that the 1935 relief appropriation act transgressed the Constitution. The pending bill, with its $1,425,000,000 relief fund, is modeled along similar lines. Senator Hayden, Democrat, of Arizona, told reporters after Ickes testified that the Secretary had "in dicated” that his needs in securing (See ICKES, Page A-2.) BLANTON TO SEEKi SCHOOL BOARD END Offers House Resolution to Abolish Educational Set Up in District. Reviving a fight that was lost a year ago. Representative Blanton, Demo crat, of Texas, and chief sponsor of the "red rider,’’ today introduced in the House a resolution to abolish the present Board of Education and to give control of the public schools of Washington indirectly to the District Commissioners. The same measure would prohibit the judges of the various courts of the District from teaching in law schools and would fix academic requirements for law degrees. Blanton's proposal, first suggested by him last April 14 and upon which he conferred at length last Friday with the Commissioners, was inter preted by school authorities as a "smoke screen” in his fight against the Sisson bill to repeal the "red rider.” It also was seen as another shot in the fight of the Texan against Dr. Frank W. Ballou, superintendent, against whom he has waged a con stant battle since the last session of Congress. Declines to Be Quoted. Blanton declined to be quoted on his proposal today. The resolution provides that the present Board of Education be abol ished July 1 and that there be sub stituted a new board, appointed by and responsible to the Commission ers, to be known as the "Trustees of the Public Schools of the District of Columbia.” The present board is ap pointed by the justices of the District Supreme Court. The new board would be composed of nine members, as at present, three to be appointed each year for three year terms. They would have power to appoint a "supervisor of education" to take the place of the present superin tendent of schools. Instead of the sal ary of $10,000, now paid to Dr. Ballou, (See BLANTON, Page 37) TOUR IN GERMANY 44 American Students Off on Bus Trip. BERLIN, May 18 (4*).—Forty-four American exchange students from 36 colleges in the United States started on a week's bus trip through Germany today. The Journey, under the auspices of the Carl Schurx Society, commemo rates the tenth anniversary of the organization’s founding. The trip will end May 23 with a visit to Schurz’s birthplace near Cologne. The students are attending 18 dif erent German universities. Walkout by House Conferees On D. C. Supply Bill Revealed BY JAMES E. CHINN. The supplemental report on the 1937 District supply bill, released today by the House Subcommittee on Appro priations, revealed that House con ferees on the measure walked out of & recent conference with Senate con feree* because the Senate group refused to have a stenographer take down the testimony of Lovell H. Parker, promi nent tax expert, who made a tax survey for the Washington Board of Trade. Representative Blanton, Democrat, of Texas, chairman of the House Ap propriations Subcommittee, made the disclosure while questioning Parker at a special hearing before his group May 13. Parker, who said he was in an anteroom when the House committee walked out, claimed he did not know the reason for It. He admitted he testified before the Senate committee after the Hou^ conferees left, but declined to disclose whether a steno graphic record was made of his state ments on the ground that he testified at an executive session. The supplemental report showed Blanton questioned Parker at length about his employment by the Board of Trade as a tax expert, for which he was paid $5,500. Neither Blanton nor other members of the subcom mittee. however, questioned him about the features of his report which showed Washington’s high tax burden in comparison with 43 other cities. Intsead, Blanton, through a long series of questions brought out his usual argument that Washington has a low real estate tax. Many of the questions fired at Parker obviously were intended to dis credit him as a tax expert as well as the report he prepared for the Board of Trade. The supplemental report covering (See w7$£OUT, Page A-2.) LATEST TAX PLAN YIELD IB42.000.000. TREASURY!!!! Senate Committee Still Is Groping for Ways Out of Revenue Maze. THREE SUBCOMMITTEES NAMED BY HARRISON Word Passed President Desires Congress to Stay in Session Until Bill Is Passed. BACKGROUND— President Roosevelt last Febru ary recommended substitution of tax on undistributed corporation profits for existing corporate levies, stressing “simplification” possible by following this procedure. Two months later, House passed bill fol lowing suggestion, but so compli cated that few members understood ramifications. Senate Finance Committee is now considering raising extra revenue through higher rates for existing corporate and individual taxes, RV thf. IttAelateH Ppm. The Tareadury estimated today that the latest compromise tax plan of tha Senate Finance Committee would pro duce $642,000,000, of which $173,000, OOO would come from individual in come taxpayers. Indicative, however, of the fact the committee still is groping for an agreement on how to rewrite the tax bill as it passed the House were re quests for additional estimates on other ways of raising the *623,000.000 of permanent revenue sought by Presi dent Roosevelt. Chairman HarTison named three subcommittees, to report Wednesday morning on the “windfall'' tax feature of the measure, on a provision for re funds on floor stocks on hand at the time of invalidation of the A. A. A., and on “the question of insurance that might be applied to pay the Goverment's taxes.” Adjournment Must Wait. The committee planed no further sessions until Wednesday. In the face of the delay in reaching an agreement on the tax controversy, word was passed in responsible Capitol Hill sources today that President Roosevelt considered tax legislation es sential and believed Congress should stay in session until a bill goes on tha statute books. The Treasury, Harrison told news men, handed over figures today to show also that, by retaining perma nently *he present excess profits and capital stock taxes, which would be kept only temporarily and at half rates under the House bill, $168,000,000 of annual revenue would be produced. In addition, the Treasury estimated that $107,000,000 in additional income would be brought in by putting a 35 per cent tax on undistributed corporate income in excess of half of total in come. Individual Burdens Increased. The compromise tax plan would place an 18 per cent tax on corpora tions' statutory net income, which the Treasury said would yield $244,000, 000; a 7 per cent tax on undistributed adjusted net income, which would produce $255,000,000, an Increase tha present normal income tax from 4 to 5 per cent, which would bring $173, 000,000. Corporation dividends to stockhold ers would be subjected to the latter tax from which they now are exempt, and this alone, Harrison said, would account for $113,000,000 of the $173,• 000,000. Although he said last week he thought the bill would be reported out by the middle of this week the chairman told reporters today he had “an optimistic hope” for the end of the week. Split on Individuals' Tax. On the proposal to Increase the normal tax rate on individual incomo from 4 to 5 per cent, the committee was split so badly that it appeared uncertain whether it could obtain a place in the bill. There also was division in the com mittee as to how high the surtax on undistributed profits should be, but sentiment was veering toward a stiller levy than was contained In the compromise which committee members considered last week. That compromise would have placed a 7 per cent surtax on income which corporations fail to distribute to stockholders in the form of dividends. Some members of the committee argued privately that the compromise plan would meet with no more favor, and perhaps less, among business men, (See TAX, Page A-2.) ' U. s„ finlandTign 1 TRADE AGREEMENT Pact Will Become Effective fot; Three Years If Ratified by Countries. By the Associated Press. The United States and Finland to day signed a reciprocal trade agree ment designed to expand their com mercial relations. The pact, marking the fourteenth to be negotiated by this Government with a foreign nation, was signed at the State Department by Secretary Hull and Eero Jarnfelt, Minister from Finland. Details of the agreement tempo rarily were withheld, although the State Department said It would be come effective for an initial period of three ymrt 30 days after it la ratified by Jpe two countries.