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WEATHER. „ i (O 8. Weather Bureau Forecast.) 1RG OWy GVGnill^ pSpGF Mostly cloudy tonight; cooler tomor- jn Washineton With thp row; moderate northerly winds. Tern- i aomiigiAJii wiui Mie peratures—Highest. 91. at 4 p.m. yea ter- Associated rreSS NeWS and w'rephoto Services. Closing New York Markets Page 16 o«S!8ii** 129,715 fBi'on. 140,711 No. 33,627. ^sfomcV ^Washington.“‘“a WASHINGTON, D. C., MONDAY, MAY 25, 1936-THIRTY-FOUR PAGES. *** <*> M«.n. A..oci.ted Pr.„. TWO CENTS. ACT INVALID. SAVS •Hughes Joins Cardozo, Brandeis and Stone in Dissenting Opinion. NEW DEAL LAW OF’34 FOR MUNICIPALITIES OUT Bondholders Win in Contention Measure Took Property Without Due Process of law. By the Associated Press. The 1934 municipal bankruptcy act, passed by a New Deal Congress, was held unconstitutional today by the Supreme Court. The 5-to-4/ decision, delivered by Justice McRAnolds, concluded: "The cha’Jenge to the validity of the statute liust be sustained.” Justice Tlardozo, Chief Justice Hughes and Justices Brandeis and Stone asserted that ‘‘the statute is constitutional.” Court of Appeals Reversed. The majority differed with a ruling by the Fifth Circuit Court of Appeals upholding the legislation. The law was challenged by certain bondholders of the Cameron Country, Tex., Water Improvement District No. 1. They contended the act took prop erty without due process of law and violated State rights. The legislation was intended to aid cities, counties and other political subdivisions reduce their indebtedness through Federal bankruptcy courts. Bondholders attacking the law owned approximately one-tenth of the $800,000 bonds outstanding. Bondholders' Contention. They said they were offered only 49.8 per cent of the face value of the obligations under the reorganiza tion plan. The Southern Texas Federal Dis trict Court held the act invalid and dismissed the debt-refunding plan. It required a $400,000 loan from the Reconstruction Corp. Under the legislation the agree ment had to be approved by tie Fed eral court and a majority of creditors ranging under certain conditions from 662£ to 75 per cent. The act re cently was extended to 1940. It was introduced by Representative Wilcox, Democrat, of Florida. GRIFFS TRAILING RED SOX, 5 TO 0 Jimmy De Shong Is Shelled Hard in Opening Inning of Final Game. BY FRANCIS E. STAN. BOSTON, May 25. —Riding the crest of a four-game winning streak the Nationals got away to a bad start against the Red Sox this afternoon and were trailing at the end of the third inning. 5 to 0. Only half a game out of the first division and tied with Cleveland for fifth place. Washington placed its hopes for a clean sweep over the Red Sox on Jimmy De Shong. a youthful right-hander, who has won four of his five starts. Manager Joe Cronin, after shaking Up his line-up, nominated Fred (Lefty) Ostermueller to pitch for the Red Sox. Ostermueller has started twice against Washington, winning once and being knocked out of the box in his second appearance. Cronin shifted Shortstop Eric Mc Nair from fifth place in the Boston line-up to the lead-off position in hopes of adding punch to the Red Sox. Dusty Cooke, who has been bat ting third, was dropped down to fifth, while Heinie Manush. despite a lame leg. returned to left field and Mel Almada was benched. -4 25 KNOWN INJURED AS TROLLEYS CRASH 80 Passengers Thrown to Floor Amidst Flying Glass in Sub way Accident. By the Associated Press. BOSTON, May 25.—Two trolley cars collided in a subway here today. Ninety persons were thrown to the floor and an unknown number taken to hospitals in ambulances. Police later said 25 persons were taken to two hospitals. They said one troUey car had come to a halt in the subway between Boylston and Arlington streets and another crashed into it from the rear. Four women fainted as the crash threw 90 persons to the floors ol both cars amid flying glass. Squads of police and firemen en tered the subway and carried the Injured, many of them cut, to the surface. Officials said they did not know how the crash occurred, but the oper ator of the rear car told them, they said, that he saw no lights in front of him and thought the way was clear. HELD AS SLAYER Young Woman Accused of Kill ing Her Father. GOLDSBORO, N. C., May 25 <*>). A 22-year-old woman was in jail today on a charge of killing her father. E Detrho Woodward, 48 after, she said he abused her. Coroner T. R. Robinson quoted the prisoner, Lina Mae Woodward, as say ing her father cursed and abused he? and she cut him with a butcher knife The coroner decided that an Inquest was unnecessary and ordered her held ^fm^the grand Jury, which meets ny Action on “Red Rider” Repeal Halted by House Adjournment Death of Perkins Results in Loss of Dis~ trict Day, Imperiling Chances of Sisson Bill. The death today of Representative Perkins. Republican, of New Jersey may seal the fate of the Sisson bill to repeal the so-called “red rider” ban ning the teaching in the Washington schools of anything pertaining to Communism. Out of respect to the memory of Perkins the House adjourned at 12:15 o'clock, forcing the District to lose probably its last day of the current session, thus preventing consideration of the widely discussed Sisson bill. However, Chairman Norton of the District Committee, hopes to persuade House leaders to set aside a special day within the next week for con sideration of the “red rider” repealer and other District measures on the calendar. She conferred with Speaker Byrns just before the House convened and was told that the District could not have a special day unless the present session extends beyond June 6. The leaders already have set a precedent in this respect by allowing a special day for disposition of the ; Ellenbogen rent-control bill after the District had lost one of Its regular scheduled days several months ago. The lost of the District day came as a distinct blow to Representative Sisson, Democrat, of New York, author of the ‘ red rider” repealer, who spent all day yesterday completing prepara tions to lead the battle for approval of his measure. He predicted a few hours before it became known that the House would adjourn early, that his bill would be passed by a sub stantial majority. In anticipation of a heated battle over the "red rider” a number of school teachers, educators and high school students crowded the galleries of the House long before it convened. There also were more members on the House floor than ordinarily on District day, in response to a plea sent out last week by Mrs. Norton urging a large attendance during debate on the Sisson bill. Disappointed over the failure of the House to take up the Sisson bill, Mrs. Norton said she would make every effort to have it passed early in the next session, if the District does not get another day before adjournment. 5 D. C. RESIDENTS Win $500 “Consolation” Prizes—4 Americans Get Residual Prizes. Five Washingtonians won '•consola tion” prizes of $500 today as the "wheel of fortune” at Dublin turned up additional luck for American ticket holders in the Irish Hospital Sweep stakes. Those getting prizes here today in cluded Mrs. Josephine Mullet, 1110 M street, wife of a waiter at the May flower Hotel: Frank Jones, 52, of 5120 Ninth street. Interior Department ex ecutive: Mrs Anne Martin, 2417 Nich ols avenue southeast: a person listed only as "Coming Back," who lives on Twentieth street, and Mrs. Mabel W. Devries of California street. Ten residual prizes of about $26, 687.50 each and 1,200 consolation prizes were drawn at Dublin today, the Associated Press reported. Saturday’s drawings saw Americans take $956,880, or about 44 per cent of the v nnings. Mrs. Martin, a 22-year-old widow, said she was “almost too happy to speak" when notified she had drawn a consolation prize. Mrs. Martin, who has a young child to support sind no job, said "you can be sure I have a place to put every penny of that money!" She came from her home in Bristol, Tenn., two years ago to live with a sister. Mrs. Mullet said today it was the first ticket she had bought. “The only other prizes I ever won,” she continued, “was a husband and a carpet sweeper." The latter was won as a theater door prize in Philadelphia, she added. Mrs. Mullet said she had some den tal and doctor’s bills to pay. Jones, who is chief of the mails and lies division. Interior Department, said he has been playing the sweepstakes for 10 years, and got his first lucky break today. He said he was “mighty glad” his number came up at last. (See SWEEPSTAKES, Page A-4.) STEEL PLANT KEPT IDLE BY PICKETS Wheeling Steel’s Ohio Branch Awaits Outcome of Con ferences. By the* Associated Press. PORTSMOUTH. Ohio, May 25.— Pickets surrounding the Portsmouth plant of the Wheeling Steel Corp. kept the mills idle today as they awaited the outcome of conferences sched uled by a Federal mediator with union leaders, who claim to represent 3,500 of the 5,500 employes. Authority of the National Labor Re lations Board was an issue in the strike, called Friday night after twe years of disagreement between com pany officials and the Amalgamated Association of Iron, Steel and Tin Workers. Today R. M. Pilkington, mediatoi sent here by Secretary of Labor Fran ces Perkins, planned to meet with Joseph K. Gaither, international vic< prsident of the union, to investigate the dispute. The union contends that last No vember the Labor Relations Boarc ordered the Wheeling Co. to "desisi coercing the amalgamated,” abandon support of 17 departmental company councils and reinstate a dischargee employe. This, the union leaders said has not been done. COMMITTEE SEEKS Way to Add $60,000,000 in Revenue Occupies Sen ate Body. BACKGROUND— Taxes and relief have been prin cipal obstacles in wap of congres sional adjournment for many weeks. In former case. Senate commit tee is trying to find compromise between complicated proposal of House and conservative tax pro gram. Most controversial feature is issue of taxing undistributed corporation profits, proposed by ] President. Relief fight centers around ear marking part of SI ,425.000.000 fund for P. W. A. or allowing it all to go to W. P. A. Newest pro posal is that entire fund be at dis i posal of President, although con stitutionality of this policy was at tacked in recent Circuit Court de cision. By tnc Associated Press. The Senate Finance Committee wrestled inconclusively again today with the problem of bringing the yield i of its tax bill in line with revenue ■ requests of President Roosevelt. Chairman Harrison told reporters after a committee session behind closed doors: "It would seem we are short on what we have done and we need some revenue. We are trying to get a meeting of minds on that, so that when we get a bill out it will at least raise the money.” The Dui, as revised orasucaiiy ay the committee, would produce an esti mated $560,000,000 of additional per manent Government income, whereas the President asked for $620,000,000. "We have come to no definite con j elusion about any part of the propo sition. ’ Harrison said. He added that he believed it would be impossible to report the bill out this afternoon, but that he hoped to do so tomorrow. Still to be decided were proposals for an excise tax on sugar and other levies on imported vegetable oil and starches. The chairman said that the Treas ury estimated today that the "wind ! fall" tax on processors who avoided payment of A. A. A. processing taxes | would, as revised by the committee, raise only $82,000,000 instead of $100, 000.000. New Dealers and their critics bent every effort to push the tax bill and the $1,425,000,000 relief appropriation down the home stretch and to adjourn at the end of next week. Democratic leaders were confident the relief measure would pass the Senate in a few days and that debate could begin late this week on the revenue bill. They predicted that toe would pass with votes to spare. Republicans prepared to fight. Sen ator Vandenberg, Republican, of Mich igan took the field with a declara (See TAXES-RELIEF, Page 4.) MADRID BEERLESS Sympathy Strike Begun by Brew ery Employes. MADRID, May 25 C4>).—Madrid was without beer today. The employes ol all breweries struck in sympathy with the locked-out employes of El Aguils Brewery. Waiters in numerous restaurant! continued a strike begun last week and half of Madrid’s elevators wer< out of repair because of 8 strike ol ! maintenance men. _ Suspect in Y. W. C. A. Murder Acts in Film of “Confession” (Picture on Page S.) By the Associated Press. CHICAGO, May 25.—Motion pic tures in which he was the principal actor were relied upon today by the State to convict Thomas Starr, 29, long-armed colored man and former circus “canvas man,” of the Y. W. C. A. hotel slaying of Mrs. Lillian Guild. 59, gift shop proprietor. While cameras ground. Starr dem onstrated to police and other witnesses yesterday how he swung from a fire escape to the window of the victim’s room last May 9, attempted to attack her and slugged her with a brick when she resisted him. Starr was arrested May 16, two days after he invaded the nurses' home at St. Luke’s Hospital, less than a mile from the hotel where Mrs. Guild was slain, and attempted to attack Miss Lois Richert, a nurse.. Police said Starr identified himsell as the man who entered the nurse home, but denied knowledge of the Guild slaying until confronted with a blood-stained necktie found at hie home. Apparently anxious to co-operate with police In the novel re-enactment of the slaying before the motion pic ture camera. Starr said: “I’ve got religion now. I’m waiting for that promised land.” TO witness the photographed re-en actment of the crime the police chose six persons from the audience at a detective bureau “show-up,” In addi tion to Dr. Leonarde Keeler, “lie de tector” expert of the Northwestern University crime laboratoryJ| U. S. ASKED TO AID STATE IN FIGHT TO KILL BLACK LEGION Murder and Kidnap War rants Sought for 13 After “Ritual Execution.” TWO ADMIT KILLING MAN WHO “KNEW TOO MUCH” Investigator Says Order Has 135,000 Armed Members in Michigan Alone. (Picture on Page AS.) By the Associated Press. DETROIT, May 25.—Murder and kidnaping warrants were asked by Prosecutor Duncan C. McCrea today for 13 members of the Black Legion held here in the slaying of Charles A. Poole, and for 12 John Does who may have attended thp meeting at vhich Poole's "execution" was planned. The prosecutor, declaring the vigi lante society is "an outlaw organiza tion national in scope,” announced he would ask the "Department of Justice to help us drive it out of existence.” Two of the men held, McCrea said, had admitted that Poole, a young W. P. A. worker, was "put to death be cause he knew too much,” and not be cause he had been accused, falsely, of beating his wife. The 13 named in the warrant rec ommendations were: Harvey Davis, a "coloner in the black-cloaked order which has a death's head for its insignia: Dayton Dean, accused of emptying two pis tols into Poole's body on a lonely suburban road May 13; Ervin D. Lee and Urban Lipps, both of whom McCrea said have confessed; George C. Johnson, Paul R. Edwards and Edgar Baldwin, who are accused of having been present at the killing; Herschel Gill and Lowell Rushing, relatives of Poole by marriage; Thomas R. Craig, John Bannerman. John B. Mitchell and John S. Vincent. Four Released. James Roy Lorance. one of the men detained last week, will be re leased. McCrea said. Three others. Bert Graham. Leonard Lipps and Luther Glasgow were released previ ously. Investigations were under way into several unsolved deaths as State and local agencies sought to determine if they were linked with the Black Legion, which. Harry Colburn. Mc Crea’s chief investigator, said, had 135.000 armed members in Michigan alone. in jacicson, Kay Ernest, a guard ! at the State Penitentiary, was held for investigation in the reported flog ging death of Paul Every, who investi gators said had tried to withdraw from the Black Legion. Papers seised in Ernest’s home Indicated he was a ‘‘brigadier general” In the secret society. Prosecutor Owen Dudley ol Jackson County announced. Membership lists confiscated with Black Legion regalia in Ernest’s home indicated other prison guards were members, Dudley declared. Warden Aroused by Letter. Warden Harry Jackson aroused bj a letter taken from Ernest which wai signed "Art Lupp, B. G.,” it asked: "How are you getting along witfc j your new' boss? If you’re not. maybe i w’e can do something about it.” McCrea said he was trying to I locate Arthur P. Lupp, sr., for ques tioning regarding rumors he was State commander of the Black Legion. McCrea said he also wanted tc question V. F. Efflnger of Lima, Ohio who appeared last Summer before the Lenawee prosecutor at Adrian to ask release of three men arrested by State troopers when arms and regalia simi lar to that of the Black Legion were found in their possession. A grand jury at Jackson was inves tigating the accusation lodged against Ernest by Every’s widow and son. In Lansing, the State attorney gen eral said he waa considering a State investigation Into the hooded riders. In Pontiac, Charles E. Butler, chair man of the Pontiac Police and Fire Trial Board, said the board would meet Tuesday to determine “once foi all” whether there is any truth ir rumors that^ certain patrolmen are members of a Black Legion unit called "The Bullet Club.” Prospector's Death Probed. Among the unsolved death's undei scrutiny was that of Jerome Garflelc Wolfe, oil prospector whose body wai found late in 1933 by the roadside near N.apoleon, Mich. Wolfe's death was pronounced dm to a ruptured liver, but Prosecutoi Dudley said at Jackson today tha Floyd Bober, a watchman at a turke; farm, testified at the inquest tha several automobiles had halted at th< scene, their lights out, and had lef after about 15 minutes. There were tire marks on Wolfe’) body, but no other evidence of ex ternal violence, Dudley said. Wolfi was rumored to have been on severa parties with men suspected of mem bership In the Black Legion, he said Capt. William Hanson of the Stati police reported to Dudley that he hac found two former members of th organization who had been flogged and that they were willing to testif; secretly before the grand jury. AMERICANS MOBBED Filipinos Attack Following Dia pute With Policeman. MANILA. P. I., May 25 (JP).—Tw< American mining men were mobbec today by 25 Fillpinoe at Antiplo, 11 miles from Manila, after an alterca tion with a native special policeman. Both Americans were taken to t hospital. Tom Padgett was hurt in ternally and Howard Spalding wai less seriously injured. Jose Ollvaries, special policeman foi the Atnipolo Gold Mining Co. whicl also employes the Americans, salt Padgett insulted him and kicked him The mob then attacked the Ameri cans. Olivaries and two o£er Filipino* were arrested. w r/f/\ rsisY, ifoiA Bob DoUQhTOH RECOGNIZES YoU- He s Got * 'Hoover's G-Men COAL COMMISSION NOT OUTLAWED ■ ■ ...i McCarl Rules Body May Con tinue Certain Functions Under Court Decision. The National Bituminous Coal Commission does not have to dissolve under the Supreme Court decision in validating the Guffey coal act, but j may continue to carry on those func- ' tions not specifically outlawed by the court. Controller General McCarl | held in a decision today to the Sec- ) ■ retary of the Interior. The commission now employs 160 persons and Chairman Charles F. Hosford, jr., at his office in the In vestment Building today, said study would be required to determine how 1 many of these would be kept on. It had first been feared that the i Supreme Court decision might auto matically operate to throw out the commission. In his decision. McCarl pointed out that the court had knocked out those portions of the statute providing for tax on bituminous, for formulation and enforcement of the code covering wages and hours and price-fixing. The court expressly stated, how ever, he added, that validity of any action of the act, standing inde pendently. on which it had not spe cifically passed would remain for future consideration. Because of this, the controller gen eral concluded, the wording of the statute would permit the commission to carry on two definite activities: 1. An investigation as to the neces sity for the control of bituminous pro duction and methods of such control. 2. To make complaint to the Inter state Commerce Commission with re gard to any rates, charges, tariffs, and practices relating to the transporta tion of coal in order to safeguard the interests of those concerned either in mining, transportation, selling or con sumption. "It would thus appear.” McCarl said, “that there are imposed upon the commission certain duties which may be exercised without reference to the portions of the act nullified by the decision of the Supreme Court, and • * * the continued existence of the commission and the performance by it of the said duties • * • are not nega tived by the court’s decision.” Therefore, he added, the commis sion’s appropriation for 1936 is avail able for these necessary duties. “SIT DOWN” PROTEST AT AKRON IS SHORT Tire Plant Workers Go to Work Again—29 Face Anti-Riot ing Charges. By the Associated Press. AKRON. Ohio, May 25.—Several ! hundred workers who started a "sit down” protest at the Goodyear Tire L : Rubber Co. early today went to work • a few hours later without explaining ; what had caused the protest or ■ brought about its termination. Police arrested 29 union Goodyear i employes yesterday and charged them with violation of the Ohio anti-rioting statute in connection with a demon i stration last week. The “sitdown” today started in the s tire rooms of both plants No. 1 and 2. 1 but the men Involved at plant No. 1 ■ returned to work after a few moments of protest. The demonstration in the • other plant continued for several l hours. : The first change of shifts was ac , complished without incident. r _ Readers’ Guide Page. Amusements-B-16 Answers to Questions_A-8 ’ Comics.. B-12 Death Notices_A-10 Editorial...A-8 Finance....A-15-16-17 Lost and Found_A-3 News Comment Features..A-9 Radio.A-13 Serial Story-B-8 Short Story_B-13 8ociety. B-3-4 Sports-A-ll-12-13 Washington Ways A-2 Women’s Features -10 *' King Edward Flies Ahead of Family To Inspect Liner P? the Associated Press. SOUTHAMPTON. England. May 25.—King Edward flew from Windsor today—the second time he has taken to the air since becoming sovereign— to head Britain’s royal family in a final inspection of the giant liner Queen Mary. The monarch was in the air 31 minutes, landed at the East Leigh Airdrome, 5 miles away, and drove to the dock to meet Queen Mary and other members of the family, who came from London by train. King Edw-ard, wearing a straw hat. traveled in his own scarlet and blue biplane with his personal pilot, Flight Lieut. E. H. Fielden, at the controls. The King took the wheel himself for the automobile drive from his country home. Fort Belvedere, out side London, to Windsor, where he boarded the plane. A great crowd lined the road from East Leigh, where he landed, to the dock of the Queen Mary. It was the first flight for Edward first English monarch every to ride in a plane—since he traveled by air from Sandringham to London Janu ary 21 to assume the rule just after the death of his father. King George. The 80.773-ton Queen Mary leaves here for New York Wednesday on her maiden voyage. S.E.C.I Counsel for Broker Makes Plea on Ground Act Is Unconstitutional. By the Associated Press. Dismissal of manipulation charges against Charles C. Wright, New York broker, was asked before the Securi ties Commission today by his counsel on the ground the securities and ex change act is unconstitutional. Isidor J. Kresel, Wright’s attorney, denied validity of the act under the fifth amendment of the Constitution, stressing that the transactions charged against Wright and his associates in no way involved interstate commerce. Wright is accused of manipulating the common stack of Kinner Airplane & Motor Corp. on the Los Angeles Stock Exchange. Referred to Commission. Kresel's motion was referred to the commission by Edward C. Johnson, the trial examiner, who said he could not rule on it. Kresel accepted this refer ence only on the gTound that when the commission did rule, it would be conceded that the ruling had been made before the proceeding started. Johnson’s ruling and Kresel’s state ment had the effect of continuing the case without interruption. Other counsel included Laurence A. Kahn and Leonard Bickwood. repre senting various persons among the defendants, and Walter W. Prager and Ganson Purcell for the commis sion. Wright, whose career in Wall Street (See S. E. C., Page A-5.) RIOTSJMINUE! British Constable Injured. Women on Roofs Stone Troops. BACKGROUND Violent disorders have resulted in the last several months in Pales tine growing out of Arab protests to Jewish immigration. Britain, which has a mandate over Pales tine, has increased her police forces there and recently sent troops and planes as the fighting has become more widespread. By the Associated Press. JERUSALEM. May 25— An Arab girl was wounded fatally and a British constable was injured seriously today in persisting disorders arising from Arab opposition to the Jewish influx to the Holy Land. Tension mounted higher in Pales tine, with continued banishment of Arab agitators spurring fresh resist ance to British military forces at tempting to restore order. Arab women, posted on roofs, stoned troops and police searching houses in the village of Kafr Kanna, near Naza reth. Sporadic gun shots and bomb explo- j sions were heard at midnight on the outskirts of Jerusalem. In several quarters of the predomi- j nantly Arab port of Jaffa, bordering on the all-Jewish city of Tel-Aviv, po lice were fired upon by snipers in, narow lanes. The Jewish-owned steamer Richard Bouchardt w-as a target for bombs hurled by four Arabs as the vessel ap proached Jaffa. Police seized a num ber of Arab launches and arrested a head boatman. Among persons banished from Pales- , tine was the blind sheikh Farouki, edi tor of an Arab newspaper. — The Jewish Telegraphic Agency said an Arab throng attempted a delivery yesterday of prisoners serving terms at hard labor in a prison near Tulka rem. and one British soldier was re ported to have been shot to death. This agency said police forces would be increased from 3.000 to 3,500 June 1 under an order by the high commis sioner. NEW JERSEY POLICE HUNT ARMY CAPTAIN Officer Assigned to Rutgers Van- ^ ishes After Leaving Home to Report at University. By tnc Associated Press. NEW BRUNSWICK. N. J., May 25.—Police today broadcast an inter state alarm for Capt. Kenneth E. Kline, U. S. A., associate professor of military science and tactics at | Rutgers University. His wife reported to Highland Park police that he left their home last Tuesday in his automobile, ostensibly to report for duty at the university Col. John H. Stutesman, head of the military department at the university, said Capt. Kline, who had been ill recently, did not arrive. Filene Already Out of C. of Sibley’s Retort to ‘ Withdrawal’ Br the- Associated Press. ROCHESTER, N. Y„ May 25 — “Mr. "Filene hasn't been a member of the United States Chamber of Com-i merce for several years.” Harper Sib ley. chamber president, commented here today when informed of the open letter by Edward A. Pilene in which the Boston merchant withdrew his "co-operation” from the organization Sibley, saying he had not seen the Pilene letter and knew nothing of it, commented: “That’s just one of his little stunts.” He would not comment further. HITS “OPINIONATED” GUIDE. Says Fact-Finding Research Should Be Substituted. BOSTON, May 25 <i«P).—Edward A. Filene, the Boston merchant-econo mist. has withdrawn from the United States Chamber of Commerce until it decides, he said, "to substitute fact finding research for opinion as a guide to decisions concerning the needs of business in general.” > He made his drciskm known in an open letter yesterday to the chamb er’s president and directors. In part, it said: “The chamber as at present organ- j ized may function as a successful club of business men when times are good, or as a potent center of re action when changing times make some great new forward step neces sary; but in neither role can it furn ish any real help to business, either to business in general or to the par ticular business of the average member. “The businesses, I fear, which are likely to profit most from an organi zation such as the * United States Chamber of Commerce Is today, are those which have some special reason for achieving a dominant voice in the chamber’s affairs, although lacking an adequate interest in or an adequate understanding of the needs of busi ness in general. • • • "Modern business problems, general or special, cannot be solved by adding up the opinions, either of board mem bers or of the ^embers generally, and calling that answer. * * *” TOWNSEND TRIAL BYRNS DECLARES House Cannot Afford to Be Defied by Doctor, Speaker Holds. FAVORS LETTING COURT DECIDE ON WALKOUT Committee Counsel Accuses 0. A. R. P. Head of Making Deceptive Income Tax Returns. BACKGROUND— Dr. Francis E. Townsend be lieves pensions of $200 per month to all persons over 60 would bring prosperity to Nation. His follow ers are sufficiently numerous to cause concern to political parties. Two months ago. House commit tee began investigation of financial practices of leaders of movement; showed that R. E. Clements, co leader, had taken in about $80,000 in two years. Last week Townsend walked out on committee after nearly three days of cross-exami nation. BY JOHN C. HENRY. Dr. Francis E. Townsend, leader of he old age pension movement, must ace trial for his action in walking >ut on the House Investigating Com nittee last week. Speaker Byrns made jlain today, when questioned about ;he possibility of letting the doctor 'get away” with his defiance. "The House of Representatives can not afford to be flouted." Byrns said. What would be the use of attempting nvestigations for any purpose if a committee could be defied success fully?” Representative Bankhead. Demo ;rat, of Alabama, the majority leader, jointed out that the issue goes beyond he Tow-mend incident alone. “This sort of thing hits at the ef fectiveness of any congressional at :empt to seek information,” he said. 'We cannot allow any such precedent lo go unchallenged.” Favors Court Trial. Speaker Byrns again too kthe posi tion that he would favor holding the trial before a court rather than before the bar of the House. "There is no telling how long the trial would last if brought in the House with 435 members all trying to ask questions and take part in the pro ceedings." he said. "Besides, since the House is the complaining body, it would seem more fair to take the issue to an impartial court.” The Investigating Committee is scheduled to meet tomorrow morning to consider its recommendations for handling the Townsend trial, and also will make some plans about interim proceedings. Chairman Bell said five Townsend leaders are under subpoena and the question must be settled as to whether to call them to the witness stand at once or hold proceedings in abeyance until disposition is made of Dr Townsend's case. Although the pension leader has ad vised his key officials not to testify, one of them. Dr. Clinton L. Wunder, has informed the committee he will be on hand tomorrow. Meanwhile. James R. Sullivan, com mittee counsel, charged today that Dr. Townsend made deceptive returns ill his Federal income tax statement. The House probers were given au thority by President Roosevelt to ex amine Internal Revenue Bureau re turns made by all key officials of the Townsend organization. uuwiicy UCKIIU3 inwiisriiu. Prom the Townsend camp came a denial by Sheridan Downey, counsel, that the doctor was afraid to testify further when he walked out on the committee last Thursday. "Dr. Townsend actually testified for two and one-half days and this made ample time for the committee to hava secured all information about the Townsend organization or the per sonal connection of Dr. Townsend therewith.” Downey also requested the com mittee to allow him an hour on the stand to present some "statistical data and economic arguments” on behalf of the Townsend plan. Sullivan, daring the doctor to re turn to the witness stand, promised to show “that the Prosperity Publish ing Co., which he controls, has ad vertised through its paper Townsend Weekly, the communistic doctrine of Soviet Russia and has carried •ad vertising matter offering for sale magazines advocating communism." The attorney also charged that the Townsend walk-out was staged for the purpose of stimulating contri butions. which he claims have fallen off sharply since the inquiry began, "The shocking disclosures brought forth in the sworn testimony; the evidences of misrepresentations and broken trusts; the quick fortunes and fat commissions made by leaders were all so enlightening to the people that many quit contributing Although six weeks ago they had $130,000 M the banks, today their treasury i$ rapidly approaching depletion." Payment to Wife Cited. Of the income tax matter, Sullivan said; “The evidence will show the decep tion Dr. Townsend took advantage of In his Federal income tax return when he set out $6,941.50 had been paid from the Old Age Revolving Pensions, Ltd., to his w'ife, not an employe of that organization. This was done to mislead the public and his contribu tors into thinking Dr. Townsend re ceived only $6,950 and expenses tot his share.” ETHIOPIAN EXECUTIONS ARE SET AT 53 BY ROME By tec Associated Press. ROME. May 25.—An official an nouncement today placed the number of executions In Addis Ababa at 59 since that Ethiopian capital fell to the Italians. Of the, total. 39 were condemned for robbery and incendiarism and 14 for other clones.