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Washington News m j Society and General | WASHINGTON, D. C„ MONDAY, JULY 20, 1936. *»* PAGE B—1 Commissioners’ Study May Result in New Jail for District __A _ __ _____■■ ___- A. HAZEN AND SULTAN THOROUGH SURVEY To Determine Whether Building Must Be Remod* [ eled or Replaced. INSTITUTION BRANDED I OBSOLETE IN REPORT Corrections Body of Social Agen cies Urged P. W. A. Loan for Structure. BY JAMES E. CHIW. Commissioners Melvin C. Hazen and Col. Dan I. Sultan plan to make a personal study of conditions at the District jail to determine whether it should be replaced with a new build ing or whether it can be remodeled into a modem penal institution. The decision of the Commissioners followed receipt of a letter from the Corrections Committee of the Council of Social Agencies, branding the jail a-s ' obsolete and outmoded” and urg ing that a P. W. A. loan be sought ioi cuijsu ucuuii oi a new uuuaing. Commissioner Hazen pointed out that the proposed study of jail needs had been contemplated for some time in view of the agitation during the last session of Congress for a new and modem building. He indicated the study may be undertaken late this week or early next week. Plan Complete Survey. “The Commissioners promised Con gress some time ago to make a thorough study of conditions at the jail, but they have not had time to get around to it." said Hazen. "How - ever, Col. Sultan and I will visit the jail at the first opportunity and make a complete investigation of its needs '* Commissioner Hazen explained that he and his colleagues have not given any thought thus far as to how to finance construction of the new jail or to make improvements needed to modernize the present building. That question will be decided, he said, after the needs of the institution have been determined. The urgent need of a new and mod ern jail has been stressed repeatedly for the last five years. Col. William L. Peak, superintendent of the Lorton Reformatory, conducted a vigorous campaign tor improvements when he was superintendent of the jail, and his successor. Thomas M. Rives, has , been just as energetic in carrying on : the movement. The jail, however, has been allowed but few improvements in that period. Letter of Committee. The Corrections' Committee of the Council of Social Agencies pointed out in its letter to the Commissioners that the present jail was completed in 187S and that the only real addition to its facilities since that time was a new wing built in 1927. Even this addition failed to provide adequate accommodations for the prisoners. The committee also emphasized that the present building in no way com pares with the modern standards of penal institutions—that it is utterly impossible to heat, light and ventilate it properly, and that it lacks an im portant central-cell locking system. Aside from additional facilities, jail officials are particularly anxious to establish an execution chamber that would be used for that purpose only. At present, it is necessary to conduct executions in the mess hall between meals. The procedure, the committee told the Commissioners, "makes it decidedly unpleasant for the prisoners who have to clear up one meal in a hurry to clear the hall and then eat again soon afterward on the spot where someone has just died.” GROUP TO CONSIDER AIRPORT SITE ISSUE Senator King Sets Friday for Meeting to Plan Proce dure. I A program to be followed by the District Airport Commission in select ing a site for the long-proposed municipal airport will be considered by the commission at a meeting Fri day at 10 a.m. in the office of Chair t man King of the Senate District I Committee. As chairman of the Airport Com mission. Senator King issued a call for the meeting for the purpose of considering a subcommittee report which embodies the proposed program. The report was completed more than a month ago. but has not been made public. As soon as orocedure is approved the commission expects to begin ac tively Its search for a site. It is the Senator's plan to have the commis sion's report on its studies ready for Congress in January. FUND TO ADD TEACHERS IN D. C. SCHOOLS HALED Part of New Personnel to Go to Anacostia High, BaJ lou Says. Congressional appropriation for 55 new teachers and an increase in the number retiring before the compulsory retirement age of 70 years will con tribute to improvement in the em ployment situation for teachers ia District public schools next Fall, ac cording to Supt. Frank W. Ballou. A greater percentage of graduates of Wilson Teachers' College passed June qualifying examinations this year than last, he said. Part of the new teaching personnel will be em ployed at the new Anacostia Senior High School, expected to be completed in February. Higher salaries, the superintendent stated, are contribut ing to earlier retirements. The School Board approved 20 re tirements at its last meeting. COOPER DEFEATED IN SUIT TO GAIN • CONTROL OF BANK Action for End of United States Savings Receiv ership Denied. r COURT FIGHT BEGUN IN FALL OF 1933 Appeals Bench Finds No Evi dence of Bad Faith by Controller. Col. Wade H. Cooper met defeat in the United States Court of Appeals today in his prolonged fight to gain control of the closed United States Savings Bank, of which he was presi • dent and majority stockholder. Asserting the bank was solvent, Cooper had asked that the receivership be terminated and the assets of the institution be returned to the original officers and stockholders. The court held there was no evi dence of bad faith on the part of the controller of the currency which would justify it in questioning his Judgment that the bank was insolvent. For almost three years Col. Cooper has carried on a vigorous court battle to force reopening the bank. Active in 1933. In September, 1933, he asked the court to compel the controller to re open the bank on a plan he tendered. 4 but which was refused because it caused the depositors to waive a por tion of their deposits. The trial court denied his petition and its decision f*“ was sustained on appeal. XU lUlUbilVl OUlb, V/W*. I uuvvvtiu fully staved off efforts by the con troller to bring the United States Sav ings Bank from the merger which re I suited In the formation of the Ham ilton National Bank. The decision today was in Col. Cooper’s third suit. Had the appellate court faded to sustain the lower court, which had dismissed the bill, an unusual situation would have arisen, since the receiver. Carter B. Keene, already has disbursed $1,286. 554.91, representing 80 per cent of the deposits cm hand when the bank mor atorium was declared in March, 1933. This payment to depositors was made possible, officials explained, through a Reconstruction Finance Corp. loan. Tells of Asset Increase. Col. Cooper contended that by March 1, 1934, assets of the bank had increased in value so that the insti tution was wholly solvent. He ad mitted that at the time the bank was closed the salability of its assets was so depressed that they might not have realized sufficient cash to pay all the indebtedness and capital stock. The receiver was appointed in Feb ruary, 1934. Speaking for the court, Chief Jus tice George E. Martin said: “The controller determined that the bank was yet insolvent, whereas the president of the bank contends it had regained its solvency. This mere contradiction standing alone compels the court to accept the official deter mination of the controller. “It has been held by a long array of authorities that where the control ler of the currency has held a bank to be insolvent and has appointed a receiver for it, the court will not sub stitute its judgment for the judgment of the controller unless it appears by convincing proof that the controller’s action is plainly arbitrary and was made in bad faith.” Finds Lack of Proof. There was no evidence of bad faith In the present case, the court declared, adding that the mere declaration that the controller acted in bad faith does not constitute proof of that allegation. Secretary of the Treasury Morgen thau, Controller of Currency J. F. T. O'Connor and Receiver Keene, who were defendants in the suit, were rep- j resented by George P. Barse, J. Bruce j Kreamer, George B. Springston and Herbert M. Bingham. $3,320 IN JEWELRY j STOLEN FROM HOME Valuables Are Taken as Occupant Visits Relatives—Widow of Detective Also Robbed. Jewelry and silver valued at $3,320 > was reported stolen over the week end from the home of Mrs. Leila S. Lin coln, 3719 Morrison street. The burglars, police were told, apparently used a duplicate key to gain entrance to the house. The robbery was committed while Mrs. Lincoln was visiting relatives at Leesburg, Va. The jewelry included diamond brooches and a diamond and platinum dinner ring. The valuables were kept ■ In a second-floor closet. Another jewel theft was reported yesterday by Mrs. Nettie L. Phillips, 1443 Belmont street, widow of Detec tive Sergt. William Phillips. She told police two diamond rings valued at $250 were stolen from her bed room. Miss Helen Virgil, 1318 Massachu setts avenue, reported she was roughly handled by a young white man who robbed her of $9 while she was walk ing through the Monument Grounds last night. 25 CASES HANDLED Seven Still Await Disposition in Folioe Court. Only seven jury cases out of the 32 handled In Police Court last week failed of disposition, according to a re port today by Assistant Corporation Counsel George D. Neilson to Acting Corporation Counsel Vernon E. West. in the 25 cases disposed of, six ver dicts of guilty were returned, one of not guilty, 14 persons pleaded guilty and four cases were nolle prossed. v Who's Who at the Zoo Zoo’s Most Valuable Bird Has Demeanor Befitting His High Estate. The shoe-bill stork, most valuable bird at the Zoo. —Star Staff Photo. BY W. H. SH1PPEV, Jr. SHOE-BILL, whale-head, boat beak. Whatever his name, this stilted and somewhat eccentric member of the stork family is the most valuable bird in Washington. He seems very well aware of the fact that it would cost almost $2,000 to replace him. and conducts himself in a manner befitting his high estate. Perhaps the solicitude of his keepers has contributed to a natural egotism. At any rate, he is the political orator of the bird house. His contri butions to the world's noises are so loud, solemn and hollow that he sel dom lacks an audience. He creates this effect by clapping an empty beak open and shut. As an after-dinner speaker his vocal powers are only excelled by his jp petite for fish. He devours trout with such a single purpose that lus keepers have put him oti a diet of five or six ; a day, in addition to what he can jiur i loin from his neighbors. | This shoe-bill is native to the White Nile. He spears fish with the curved j hook on the end of his beak, or uses : the beak like a dredge to scoop min j nows from .he bottom. His long legs are admirably adapted to wading. I They also can support him rotion less for hours while waning for an j unwary fish to swim within range of ! his hungry beak. The shoe-bill was received at the ! Zoo eight years ago. He has become one of the best-known residents at the bird house because of his odd appearance and habit of clapping his beak for no good reason. The shoe-bill keeps his slate grey plumage in excellent condition He Is rare in captivity, although members of his family are represented in New’ York and Philadelphia Zoos. Tomorrow: The lesser adjutant storks which seem older than they are because of their bald heads, long beaks, solemn mien and habit of kneeling as if in prayer. I INJUREDINCRASH Emil Rossodwica Seriously Hurt as Car and Truck Collide Head-On. Emil Rossodwica, 50, of 1042 Blad ensburg road northeast, was injured today when his automobile collided head-on with a beer truck on the Baltimore-Elkton road. He was taken to the Harford Memorial Hospital at Havre de Grace, where it was said his ' skull was fractured. An autopsy was scheduled this aft ernoon to determine the cause of the death of Thomas A. Bruce. 62. of 931 I street, who died yesterday in Gal linger Hospital. Bruce suffered in juries to the face and head when struck by a street car at Tenth street and New York avenue November 22, 1935. He was readmitted to Gal linger last week. Five Washingtonians, including three women and a child, were injured last night in a four-car smash-up on the Southern Maryland Boulevard near Sunderland, Md. The crash involved a machine that was stranded in the road by a break in a towing chain. Those hurt were Mrs. Georgiana Hall, 35, of 1535 Half street southwest, broken leg and cuts; Elizabeth Hall, 4, dislocated shoulder; Roland Hall, jr„ 16, broken leg; Mrs. Belle Macogey, 916 Eighth street southeast, cuts, and Miss Ruth Burns, 1863 California street, cuts. All were taken to Calvert County Hospital. Two Held by Police. Miss Burns was riding in an auto mobile with Joseph W. Carpenter, 26, of 2034 G street, when the accident occurred. The others, along with Mrs. Macogey’s husband, Alex, and their sons, Alex. jr„ and Eugene, were with Mrs. Hall’s husband, Roland, In a truck. After the collision State police placed reckless driving charges against Carpenter and Hall. Bond was set at $100 each pending a hearing next Saturday. Police said Hall’s truck piled into the rear of Carpenter’s car, which in turn collided with a machine which Rector Steele of Sunderland was tow ing to a garage. Just before the crash, police said, the tow line had snapped and the machine being towed had stopped in the road. When the ma chine behind struck it, the strande* car was knocked against a roadster Steele was using to do the towing. Only one serious traffic accident was reported here over the week end. Isaiah Davis, 6, colored, 42 Mas sachusetts avenue, suffered a broken leg and injuries to his head and body when struck in the first block of F street. At Galllnger Hospital, where he was taken following treatment at Sibley Hospital, the boy’s condition was termed serious. i A BEGINS AT F.B.I. School, Under New Name, Teaches Methods of G-Men. Making its debut under a new name, the National Police Academy of the Federal Bureau of Investigation today opened its third session of training for selected police officers from widely scattered cities, counties and States. The academy, heretofore known as the F. B. I. Training School for Po lice, was organized experimentally a >-ear ago. It has proved so successful that the Justice Department has established it under the more dignified name as a permanent institution. Representatives of 34 police agencies assembled in air-conditioned class rooms of the department today for :he Inauguration of a three-month course in scientific crime detection and criminal apprehension. J. Edgar Hoover, director of the F. B. I., wel comed the police students in a brief address. The graduates of the course will be assigned to organize similar training schools within their respective depart ments. The P. B. I. will aid in organ izing these Independent schools and In supplying special lecturers, Hoover an nounced. The police will be given instruction similar to that given special agents of the F. B. I„ supplemented by special subjects designed to meet the require ments of local officers. Asks Higher Milk COLEMAN GORE. —Star Staff Photo. * J MILK MARKETING PROPOSAL FLAYED BY LEESBURG MAN Gore Tells Maryland-Vir ginia Group Plan Would Work Havoc. H. G. GERTEN DECLARES HE HASN’T SOLVED IT Montgomery Dairy Farmer Calls Hearing on Price Fixing a “Farce.” BULLETIN. A flat increase of 2.5 cents a gal lon in the price of milk paid to producers supplying the District of Columbia area was demanded at the milk marketing agreement hearing at the Department of Agri culture this afternoon by Coleman Gore, Leesburg, Va., milk broker. Such a move would automatically be followed by an increase In I ha consumer cost of milk. BY BLAIR BOLLES. Coleman Gore, full-voiced Leesburg. Va., independent milk broker, today drubbed the Maryland-Virginta Milk Producers’ Association and it* pro posed milk marketing agreement for the District. “It means absolute destruction for 250 to 300 shippers on this market,” Gore told 500 suntanned dairy farm ers in the Agriculture Department Auditorium. With a “tear” in his voice, Gore kept up a running fire of sarcastic comment on the 11,000 members of the association and refused to answer j the questions of association members. When the Agricultural Adjustment j Administration officials on the audl- i torium piatiorm suggesiea irau ne nuu ] a better proposal. Gore permitted H. i J. Gerten to rise in the audience and I remark: "I stayed up lots until midnight and ! my brother stayed up with me until ' midnight trying to figure out what this proposition Is going to do to me. I can't answer the proposal until I know that and I haven't figured it out yet.” Gore's diatribe was delivered after Alden W. Potter, a six-cow dairy farmer from Montgomery County, lashed as a "farce” the hearing on the proposal to fix the price to be given to producers supplying Washington with its milk and to fix the amount j of milk each producer can sell in that market. At one point, Potter said: •'This meeting and this plan per petrate essentially & fraud. The lit tle fellow has about as much chance of getting any real consideration here as a snowflake In the dust bowl.” Almost at once came the first of a series of angry Interruptions, most of which set the countrymen in titters. He's Allowed to Talk, However, "I want to know something about time,” said J. B. Nichols, PurcellvUle, Va. “If this representative of half a dozen cows Is going to take an hour or two to talk about them. I’d like to know it now. We got to get home to our own cows.” Potter snapped back: ‘‘It doesn't take more than one cow to make an economic fact.” Under interruptions which came one a minute, Potter insisted on reading his paper until E. O. Mather, the pre siding officer, calmed the assembly by telling Potter he could talk for Just 10 more minutes. Potter was the first of a long line of witnesses for and against the agree ment, which was explained by P. L. Miller, principal agricultural econ omist of the dairy section of the Agri cultural Adjustment Administration, as “more of a general program for the betterment of farm prices.” The hearing was called at the sug gestion of the Maryland-Virgtnia Milk Producers’ Association. This or ganization includes most of the dairy farmers in the Washington milk shed, which reaches as far south as Albe marle County, Va., west to Rocking ham County, Va„ north to the Penn sylvania border, and east to Queen Anne county, on tne Eastern Shore of Maryland. The agreement's purpose is to fix the price of milk paid to producers, but It does not fix or mention the re tail price or the resale price, or the price the consumer pays. The agreement would establish the producer price for class 1 milk at $3.08 per 100 pounds, the price at present paid by all handlers to mem bers of the association. Others outside the sssociation, how ever, now have no assurance they will receive this price, a fact which sup plies one of the reasons for the pro posal to extend price control to all producers in the milk shed. Sales Amounts Limited. Reason No. 2 arises from the fact that association members are limited in the amount of basic milk for class 1 milk they can sell at 13.08. This Is done in order to equalise marketing opportunity fcr all producers and make It possible for them all to get a return on their dairy investment. Hie non-association producers, how ever, are under no such obligations. The association contends that this situation makes possible oversupply or vicious competition, to the detriment of all producers and all consumers. The agreement under consideration calls for the appointment of a market administrator by Secretary Wallace to enforce the agreement and set the price for surplus milk (milk in excess of the basic amount allotted each pro ducer). He also would set the base for each producer, and make sure that the handlers paid the producers properly. Upon the acceptance of the agree ment by two-thirds of the numerical producers or by the producers of two thirds of the volume of milk sold to Washington handlers, the Secretary of Agriculture would Issue an order setting forth the provisions of the agreement snd calling for Its enforce ment. PIN BALL GAMES DEBAIED BEFORE Injunction Against Seizure Urged by Attorneys for Distributors. GAMBLING QUESTION TO BE DETERMINED 35 Affidaviti Submitted in Sup port of Claim Games Are Tests of Skill. With an elaborate pin ball machine just outside the court room door ready to be brought in if needed, attorneys for the Government and for the de vices’ distributors engaged In heated argument before District Court Justice Oscr-r R. Luhring today on whether they are gambling machines. The Pioneer Novelty Distributing Corp. is asking for a preliminary in junction to prevent police seizing its 2,500 pin ball games located through out the city United States Attorney Leslie C. Garnett agreed to a test of the legality of the machines in Equity Court rather than through criminal prosecution. 35 Affidavits Offered. Attorney William R. Lichtenberg. who represents the distributor, argued ihat a preliminary injunction should be granted even if the court is not sure that the machine is a game of skill, because the distributor will suffer irreparable injury unless the restraint is granted. He proffered 35 affidavits to support his claims that pin ball Is a game of skill, while Assistant United States Attorney John J. Wilson submitted op posing affidavits to prove it is a game of chance. Meanwhile nobody sug gested that the machine in the. hall, which was brought to the court house by the Government, be brought Into the court room. Wilson argued that it was not nec essary for him to show that chance predominated, but merely that there was a substantial element of chance. Even though an expert might be able to put the ball into the hole of his choosing, the average player cannot do so and this brands the ma chine as a gambling device, Wilson de clared. Proof of Skill Desired. When Wilson said the injunction asked would stay the hands of police and district attorney In respect to every pin ball machine In the city. Justice Luhring remarked that he hesitated to enjoin the district attor ney without some proof that the machines actually were a game of skill. ’’Any one." he said, "could come into court and by merely saying a machine was not a gambling machine, enjoin the district attorney against its seizure.’’ he pointed out. Garnett has instructed police to im pound all pin ball machines which pay oil In any manner. Last Thurs day, however, Justice Luhring signed a temporary restraining order, pre venting police going forward with the seizures before the hearing today. Lichtenberg told the court that there are 150 different types of pin ball ma chines and it would take several days to show that each was a game of skill. Wilson produced an affidavit by Po liceman Roy Blick, member of the vice squad, which stated that changes and adjustments can be made in any par ticular machine which would destroy any skill which a player might ac quire. In addition, Blick swore, the locations of the individual machines are changed frequently. He stated that the legs are adjustable and often are changed, altering the tilt of the playing board; that the spring in the plunger frequently Is removed and a new one substituted, and that the pins themselves may be bent. Lichtenberg stated in his suit that his concern has more than $50,000 invested and employs about 50 persons. Gambling Machines? Stephen P. Haycock of the United States district attorney's office shown at District Court today with two pin-ball machines. The court will decide whether the contraptions are gambling devices. —Star Staff Photo. HOTEL LEASE CASE IS LOST BY SMITH Former Lafayette Propri etor Loses Appeal—Held Liable for Back Rent. The United States Court of Appeals today refused the request of Walter F. Smith, former proprietor of the Hotel La Fayette, for specific per formance of an alleged 10-year lease of the property. In a companion decision, the court also held that Smith must pay $7,875 In back rent for July. August and September. 1932. Smith contended that when he was unable to meet the $2,625 monthly rental and meet pay ments on notes secured by the fur nishings of the hotel. Thomas S. Pick ford, lessor, agreed to give him new terms, including a monthly rental of $2,500 and a 10-year lease. The trial court, however, found that Pickford never assented to the pro posed contract and the Court of Ap peals said it would regard its findings as conclusive. It also refused to set aside a fore closure sale of the lease and the hotel furnishings to Pickford for $10,000. The court said it was testified the lease was without value. Smith's defense in the rent suit, brought by Pickford. was that a Mary land corporation. Hotel Lafayette, had assumed the lease and all responsibil ity for the hotel's operation before the beginning of the three months for which the rent was owing. Associate Justice Harold M. Stephens found, however, that Smith owned all but two shares of the corporation's stock and also that the transfer to the rorporatlon was not accepted until September 22, 1932. which was subse quent to the date the rent had ac crued. Pickford was represented by Attor neys William C. Sullivan and Bates Warren. Young Washington An example of the dances being taught at the Blake School Playground on New York avenue. The dancers are Clara Crum rine, 7, daughter of Mr. and Mrs. Bert Crumrine, 102 K street, and Bill Papas, 7, son of Mr. and Mrs. Leon Papas, 1050 North Capitol street. Tomorrow: Edwin Cherry, son of Mr. and Mrs. Fred Cherry, and Thomas Futch, son of Mr. and Mrs. Bert Futch, at the Hyde and Curtis School playground.—Star Staff Photo. Type Is Safer and Preferred, Company Employes Tell Commission. Enthusiastic declarations in favor of 1 one-man street cars were made to the : Public Utilities Commission today by five men who operate that type of j equipment for the Capital Transit Co., as the fight over the move of the company to place 40 additional single operator cars into service was resumed, j A company official asked the men ! to appear, it was developed, although ! the first of the group, A. C. Ray, pro tested at the outset that "No one asked me to come." During cross examination by People’s Counsel Wil ! liam A. Roberts he agreed his appear i ance had been discussed by a super I intendent of transportation. All five insisted one-man ca>- were safer than two-man cars, that they preferred to operate cars having no second man. and declared the extra work of being both motorman and conductor had done no damage to [ their health or nerves. At the outset of today's session the opposition of the Columbia Typo graphical Union to any increase in single-operator cars was registered by Prank S. Lerch. He said he spoke also for the allied printing trades. Denounced by Union. A resolution adopted yesterday by the Columbia Typographical Union denounced one-man operation as slow and "dangerous'' and as having a "nerve-wracking” eflect on the single operators. ‘'Furthermore,” said Lerch. ‘‘exten : sion of the one-man car system will close avenues of employment because it makes one man do the work which has been performed by two.” The union advocated adoption of a 5-cent street car fare for a trial of at least three months. Lerch declared that recently when tariffs of the steam railroads were lowered at the order of the Interstate Commerce Commission additional cars had to be added to take care of increased patronage. The company has filed a petition for an increase in street car fares, a public hearing on which is to be held later In the Summer. The company seeks to raise the token fare from 7 >2 to 8Vb cents and the weekly street car pass from (1 to $1.25, to make it cost the same as the bus passes. Sager to Appear Again. Later in the day Commissioner Chief Engineer Fred A. Sager, who Friday reported he had found one man cars to be safer but somewhat slower than two-man cars, was to be called for cross-examination by Roberts. Ray, who has been employed by the Capital Transit Co. more than 20 years and has operated one-man cars for the last 15, declared he had found the second-hand one-man cars the company has obtained from Provi dence, R. I., to be "the best cars I have ever operated.” Positive declaration that his long career as a one-man operator had in no wise hurt his health came from Ray, under questioning by S. R. Bowen, company chief counsel. Another company employe, J H. Hennage, said his work had not hurt his eating or sleeping. The other trainmen who testified were William Brunner, T. R. Welch and L. Bolleger, who have operated one-man cars for 15. 10 and 1 year, respectively. Opposition to one-man car operation was voiced last week by five other trainmen. BOY HUNTED HERE Washington police were searching today for Fred Benka, 16, missing from his home in Syracuse. N. Y., since last February. The hunt was begun here last night after the boy used a telephone at a Seventeenth street and Pennsylvania avenue pay station to call his uncle at Syracuse and ask for money. His family notified Washington police. 4