Evening star. [volume], October 30, 1936, Image 1

About Evening star. [volume] (Washington, D.C.) 1854-1972

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WEATHER.
(U. 0. Wcithtr Bureau Forccist.) HPla a am 1 «• AiTAtiitwv namam
Mostly cloudy and colder, lowest tem- • in evening. paper
perature about 35 degrees tonight; tomor- 111 Washington With the
row fair and moderately cold; strong Prp<ss Noma
northwest winds. Temperatures—Highest, aoSUCldiea x reSS INeWS
«2, at 4 p.m. yesterday; lowest, 42, at u and Wirephoto Services,
p.m. yesterday. Full report on page A-23.
CkaiDt New York M»k.U, P„« 22 __
84th ?EAR~ii2^_33t?S5. SSK" WASHINGTON, D. C., FRIDAY, OCTOBER 30, 1936—SIXTY-FOUR PAGES. *** w> m..„. p...., TWO CENTS.
SHIPPING CRIPPLED
ON PACIFIC COAST
AS37,COOJOIN IN
MARITIME STRIKE
Spread of Walkout to East
and Gulf Is Held Possible
as Union Official Predicts
National Action.
‘SITDOWN’ MOVE FAILS
TO OCCUR IN NEW YORK
120 Vessels Are Tied Up in West
ern Harbors as Workers Leave J
Their Jobs in Disagreement!
With Employers Over Proposed
New Labor Contracts.
BACKGROUND—
After bitter S3-day strike in 1934,
in which seven men were killed.
Pacific Coast maritime unions won
right to control hiring of labor
after strike had culminated in
three-day mass walkout of union
labor in San Francisco Bay cities.
Agreement with employers ex
pired September 30 of this year.
Since then workers and employers
have been unable to agree on for
mers’ "fundamental” demands de
spite arbitration efforts of Assistant
Labor Secretary Eduard F. Me
Grady, who played important role
in effecting peace two years ago.
B! the Associated Press.
Pacific Coast shipping was para
lyzed today by the strike of 37.000
water front and seafaring workers
members of seven federated unions.
Possibility arose the strike would
spread to Eastern and Gulf ports
tying up virtually all American ship
ping.
Randolph Meriwether. Western sec- i
retary of the Marine Engineers' Bene
ficial Association, predicted:
"It will be a national strike. We
have received hundreds of telegrams |
from ports all over America pledging
support.”
President Joseph Ryan of the In
ternational Longshoreman’s Associa
tion, who had said the association
must support the West Coast de
mands, hurried to his New York office
to study the situation.
In New York a port-wide "sitdown” |
strike in sympathy with Pacific Coast'
workers failed to materialize at noon,
as announced early this morning, but
the Seamen’s Defense Committee said
a meeting of union ship labor would i
be held tonight to vote on a general !
strike for the Eastern Seaboard.
The newly created maritime com
mission, which has jurisdiction over
shipping companies and seagoing
unions, pored over reports but had no
comment. Chief hope for a quick
Settlement lay in the commission.
About 120 ships immediately were
tied up in Pacific ports. The number
wil’ be increased greatly with the re
turn of ships at sea.
Hiring Control Is Issue.
The strike was called when unions
and steamship companies were unable
, to agree on half a dozen major points
’ In proposed new labor contracts. Pri
mary stumbling block was the desire
of each group to control hiring of
union men.
Effects of the strike spread im- '
mediately. Pour Grays Harbor, !
Wash., lumber mills announced they j
would shut down today. San Fran- j
cisco warehousemen called an 8 a.m.
(Pacific standard time) strike, crip- j
pling ice, cold storage, feed and mill
ing plants.
The strike came at about the peak
of Western shipping, unofficially es
timated at a $l,000,000-a-day busi
ness.
Extra police were assigned water
front duty at all Western ports—400
each in Los Angeles and San Fran
cisco.
WEST COAST CRIPPLED.
17,0*0 Workers Quit Jobs in Maritime
Strike.
» the Associated Press.
SAN FRANCISCO October 30.—A
general maritime strike crippled Pa
cific Coast shipping today, quickly
spread to other Industries and brought
repercussions in Atlantic and Gulf
ports.
Thirty-seven thousand ship and
dock workers were ordered oil their
Jobs at midnight after failure of ef
forts to set up new working agree
ments between shipowners and seven
federated unions.
From Seattle to San Diego men be
gan dropping work and picketing the
wharves. Their number will be swelled
Steadily as ships return to the coast
(See STRIKE, Page A-4.)
TIME OFF TO VOTE
Government Employes Hay Ballot
Without Leave Charge.
Government employes residing in
nearby Maryland and Virginia will
get time off to vote Tuesday without
suffering a charge against their an
nual leave, officials said today.
Generally, it was understood the
maximum allowance will be 2 hours.
There is neither law nor ragulatlw
to cover this point, but the agencies
are being guided by the practices that
have prevailed in the past.
Several thousand workers are af
fected.
“COLD” TABLETS FATAL
Child Lies After Swallowing 85
He Found.
David Jenkins, 4, of Berwyn, Md.,
died in Children’s Hospital today after
having reportedly swallowed 25 "cold”
tablets while playing in the bed room
of his home early this morning.
The child, son of David K. Jenkins,
was taken to the hospital at 6:20 am.
and died three hours later.
* A
President Maps Final Drive
As Landon Demands He State
Views on iV. R. A. and A. A A.
—- A -
Goes Into Seclusion to
Write Speeches Cli
maxing Campaign.
(Roosevelt Text, Page D-12.J
BY J. RUSSELL YOUNG.
Denying himself to all callers. Presi- ■
dent Roosevelt today secluded himself
In his study on the second floor of the
White House to write the two major
political speeches with which he will
THE PRESIDENT
At Harrisburg, Pa.
—Copyright, A. P. Wirephoto.
wind up his campaign for re-election.
The first will be delivered at 1C
o’clock tonight in the Academy of
Music at Brooklyn, N. Y. The other I
will be delivered at a huge Democratic !
mass meeting in Madison Square
Garden tomorrow night.
There was no indication, however,
that Mr. Roosevelt will answer the
challenge issued by Gov. Landon in
his speech last night, in which he de
manded that President Roosevelt reveal
his stand on various issues of the day. j
While Mr. Roosevelt is giving his
attention to writing his speeches to
day, he gave orders that he be kept
advised of the seamen’s strike in
San Francisco, and also made close
check-up by telephone with various
administration heads.
To Leave Late Today.
Mr. Roosevelt will leave Washing
ton late this afternoon on & spe
cial train for his final two days of
campaigning. He will go directly
from the station in New York to
(See ROOSEVELT, Page A-3.) j
LORADO TAFT DIES;
NOMLPTOR
Columbus Fountain, at
Union Station, Among
His Works Here.
By the Associated Press.
CHICAGO, October 30.—Lorado
Taft, noted sculptor, died at his home
today. He was stricken with a para
lytic stroke a week ago. He was 76.
His death came at 9:30 a m. (East
ern standard time). With him when
he succumbed were his wife, Mrs. Ada
Bartlett Taft, and his three daugh
ters, Mrs. Paul H. Douglas of Chicago,
Mrs. Raymond Smith. Greensboro, N.
C., and Mrs. Roger Crane of Croton
Dn-Hudson, N. Y.
To Taft, art and beauty were not
out of place among the commonplaces
of daily life. Among his greatest
legacies to the world are the civic
beauty spots in Chicago and other
municipalities throughout the Middle
West.
Years after he had passed from the
influences of Parisian art circles and
struggled through financial difficulties
and reverses to achieve recognition in
his native land.
Native of Illinois.
He was born at Elmwood, 111., on
April 29, 1860. His father was a pro
fessor in the University of Illinois and
it was in his home that the boy began
the study of art.
Fascinated by the difficulty of fit
ting together the scattered pieces of
some Belgian statuary that had been
brought over for the university mu
seum, he found he could do the work
more aptly than his father, himself an
artist. He received his diploma from
the University. of Illinois in 1879,
after having made the best academic
record of any student up to that time.
Taft chose Chicago as the place in
which to seek his fortune. It was a
hard struggle, year after year. Final
ly he was asked to teach in the Art
Institute. Some of his pieces were
commented upon and he was given
(See TAFT, Page A-?.)
Kansan Cites Political
Creed at Rally in
New York City.
(London Text, Page C-l.)
o.' me AaauciBicQ ness.
ABOARD GOV. LANDON S TRAIN
EN ROUTE TO ST. LOUIS. October
30.—Gov. Alt M. Landon sped home
ward today, resting his bid for New
York State's 47 electoral votes on "the
basic principles of my political creed"
and a "challenge” to President
Roosevelt to "tell us where you stand”
on N. R. A., A. A. A., executive powers
and unemployment.
"There can be no confidence while
this administration remains in power,”
the Kansas executive declared, reas
serting his belief in “the American
system of free enterprise.”
The Republican nominee, speaking
last night in New York's Madison
Square Garden, noted that President
Roosevelt closes his campaign there
tomorrow night. The garden's 18,500
seats were filled and officials there es
timated 1,500 were standing.
I |
The crowd, shouting and waving
flags, heard the Kansan close his
Eastern campaign—climactic objective
of a 20,000-mile speaking tour—with j
a frequently reiterated declaration
that "no one can be sure” of the ad
ministration’s future policies on agri
culture, industry and relief and of
what the President proposes “to re
store confidence.”
Addresses Question to President
He addressed this interrogation to
the President:
"Does he favor reviving the prin
ciples of the national recovery act?
Or does he favor the American sys
tem of free initiative?
"Does he favor reviving the prin
ciples of the agricultural adjustment
act? Or does he favor allowing the !
farmer to be a lord on his own farm?
"Does he favor concentrating more
and more power in the hands of the
Chief Executive? Or does he favor :
a return to the American form of
government?
The crowd, whose demonstration '
when Landon was introduced had de- !
layed his speech 11 mindtes, inter
rupted with frequent shouts of ap
proval.
Both the N. R. A. and A. A. A. are
impossible, the Governor said, "with
out increased powers for the Chief
Executive." Then, expressing him
GOV. LANDON
At Madison Square Garden.
—Copyright, A. P. Wirephoto.
self as opposed to “economic plan
ning by the Government, • • • the
principles of the agricultural adjust
ment act • • • concentration of power '
in the hands of the Chief Executive,"
Landon said:
'Tell us where you stand, Mr.
President. * • • I leave my gage
at your feet.”
Moves Toward St. Louis.
Today, moving toward St. Louis
for a Saturday night address pre
ceding his return to Kansas for Tues
day's election, the Chief Executive
arranged brief talks at Charleston,
W. Va, between 5:40 and 6:40 p.m,
and at Huntington, W. Va, at 8:15
p.m.
i.ct.M. nigni s ttiauisuii niuuc uuucu
address capped a busy day In which
Landon visited the widow of President
Theodore Roosevelt, placed a wreath
on the grave of the “Rough Rider,”
and delivered a brief address to "fel
low citizens of foreign birth.” In
that talk he laid a “despicable attempt
to stir up racial, religious and class
prejudices” to leaders of the "so-called
Democratic party.”
Surrounding Landon on the Gar
den’s speaking stand were Chairman
John D. M. Hamilton of the Repub
lican National Committee, William P.
Bleakley, whose Republican candidacy
for Governor of New York last night
received the support of Rev. Charles
(See LANDON^ Page A-3.)
Edward VIII Lauds Neutrality
In First Parliament Address
Br the Associated Press.
LONDON, October 30/—King Ed
ward told bis Parliament today the
British government has "spared no
pain” to check the brutality of the
Spanish war and to keep it within Its
Iberian boundaries.
In his first address to the Parlia
ment as sovereign, the monarch de
clared: "I have viewed with concern
and anxiety the events in Spain dur
ing the last three months.”
The speech was read by the Earl
of Onslow, acting as lord chancellor
in the illness of Viscount Hallsham
on the occasion of prorogation of
Parliament. The King himself was
not present He will open the new
Parliament in state on next Tuesday
The royal commissioners, In red
i
gowns crossed with white bands, and
wearing black cocked hats, sat In a
row below the steps of the throne.
With Lord Onslow were Lords Stan
more, Amulree, Thankerton and At
kin. Only a few peers were scattered
through the House of Ujrds.
Prior to the prorogation. Sir Samuel
Hoare, first lord of the admiralty, in
a London speech recommended “to
the of the Comintern" (Com
munist international organisation)
that they refrain from interfering “In
the affairs of other countries.”
The prorogation ceremony was per
functory.
“I am addressing you for the first
time as sovereign,” It said. **X desire
before all to express once more my
(lee KDWARU P«t« A-3.)
-JL ■
FA1EOFLANDON
IS BELIEVED HELD
BY NEW YORK VOTE
Election Results Can Either
Make or Break Governor,
IsOpinion.
CLAIMS OF DEMOCRATS
REGARDED FANTASTIC
Base Hopes on Increased Regis
tration in Metropolis—0. 0. P.
Again Looks to Upstate.
BY G. GOULD LINCOLN.
Stall Correspondent ot I he Star.
NEW YORK, October 30. — New
York, the Empire State, with 47 elec
toral votes, can break or make Lan
don, the Republican presidential can
didate.
Gov. Landon made his final bid for
support in the State yesterday, cli
maxed by an address in Madison
Square Garden. He received a tre
mendous ovation from the huge crowd
which jammed the garden. He left
behind him a challenge to President
Roosevelt to tell the American people
what he Intends to do about the
N. R. A., the A. A. A. and about his
spending program. The President is
due to speak in the same spot on
Saturday night.
Democratic claims of victory in this
State range so high as to be almost
fantastic. They are based on one
thing—the vast increase in registra
tion in Greater New York, territory
that is traditionally Democratic. The
increased registration is aproximately
560,000, with a total registration for
the city of 2,900,000.
Prior to the announcement of the
registration figures, Republican hopes
were high and the Democrats obvious
ly nervous. Almost any one can re
member back to those June days
when President Roosevelt and the
Democratic leaders from all over the
country were pleading with Gov. Leh
man to seek re-election again—for
the purpose of bolstering Roosevelt in
New York State.
Now All Is Optimism.
But now the Democratic high com
mand, from "Jim” Parley down, is
claiming that Roosevelt will carry the
city by 1.000,000 votes and the State
as a whole by 700.000 to 800.000.
Roosevelt may carry the State Indeed, t
the preponderance of opinion Is that
he will do so—but the margin prob
ably will be far smaller, perhaps only:
a couple of hundred thousand votes.
The Republicans insist that Landon
has a real chance to carry the State
and mention 250.000 as their prob
able plurality. They would be de
lighted if It turned out they had won
by 10.000. or any figure at all.
Pour years ago Herbert Hoover lost
New York State to President Roosevelt
by 596,996. The Democratic majority
in New York City was 871.120. The
Republicans carried "up-State”—all
outside of the greater city—by 274,124.
There are two or three factors in the
present situation which should be
taken into consideration. Upstate New
York has turned back to the Repub
lican party with a rush. There is
some reason to believe that the Re
publican lead upstate may run as high
as 600,000 or even 750,000. That is
the kind of a lead Republicans used
to have in upstate New York in 1920,
1924 and 1928.
In New York City there has been
(See~LINCOLN,~Page A-5l
111 ■■■— -■ in .i.iii ■ ■ i ■ ■ urn.—
“THE MAN ON THE FENCE.”
MOLLISON FLIGHT
SETS NEW RECORD
Reaches Croydon in 13
Hours and 17 Minutes After
Leaving Harbor Grace.
E7 the Associated Press.
CROYDON, England, October 30 —
Shattering all speed records for an
eastward crossing of the Atlantic,
Capt. James A. Mollison landed here j
toaay only 13
hours and 17
minutes after
hopping off from
Wintry New
foundland.
Roaring across
the stormy At
lantic in his
Bellanca mono
plane, the lone
pilot averaged ap
proximately 16 0
miles an hour to
reach his goal at
9:57 am. 14:57
a.m., E. S. T ).
It was the first
C»»t. M«lll»n.
time a flight with London as the
eastern goal had been successfully
completed without a forced landing
en route.
Mollison. who by today s flight be
came the first man to fly a plane
across the Atlantic four times, was
not even satisfied with that. “Possibly
within a day.” he said, he will take
off on a record attempt to the tip of
South Africa.
Counting the 8 hours and 41
minutes he took to reach Harbor
Grace, Newfoundland, from New
York, he had made the entire flight
in 19 hours and 58 minutes.
Capt. Mollison appeared exhausted
when lifted from his plane. He Crst
remark was:
“I am so damned tired. I am going
to have a large scotch and soda."
He said he had covered the 2.100
(SpTmOLLISONTPage A-lo7>
Summary of Today’s Star
Page. Page.
Amusements . C-8 Puzzles_D-6
Army. Navy ..D-12 Radio_D-7
Comics .D-6 Sports_D-l-4
Editorial_A-12 Society .B-3
Finance_A-21 Short Story—C-9
Lost-Found . A-3 Woman’s Pg—D-5
Obituary_A-14 |
POLITICAL.
Landon cites political creed in bid for
New York votes. Page A-l
New York may determine election
result. Page A-l
Roosevelt rests at White House before
final addresses. Page A-l
Most of cabinet plan to vote in per
son Tuesday. Pan A-t
Liberty League and other groups file
expenditures reports. Page A-2
Elder Michaux, Cab Calloway- spread
Democratic gospel. Page A-4
Knox claims pivotal States in predict
ing O. O. P. pluralities. Page A-S
Colored pastors say O. O. P. offered
pay for attending rally. Page A-S
Baltimore 8un declines to support
either candidate. PageA-15
Senate committee to probe social se
curity charges. Page B-8
Roosevelt believed sure winner in
Tennessee. Page B-16
Gen. Hugh S. Johnson predicts new
N. R. A. Page C-4
NATIONAL.
Maritime strike cripples shipping on
Pacific Coast. Page A-l
Lorado Taft, noted sculptor, dies after
paralytic stroke. Page A-l
One killed 14 Injured in Pennsylvania
Railroad wreck. Page A-S
Estranged husband kills wife and
self. Page A-16
FOREIGN.
King Edward in first address to Parlia
ment lauds neutrality. Page A-l
Capt Molllson sets new record on
flight to London. Page A-l
Spanish rebels report capture of Rus
sian soldiers. Page A-l
Spanish Ambassador tells of revolu
tion. Page D-ll
WASHINGTON AND VICINITY.
Appeal on milk ruling near; price
increase still demanded. Page A-l
Cooper sues Government officials for
"malicious prosecution." Page A-l
Arrest made In extortion attempt on
Mellon’s daughter. Page A-l
A. A. A. to appeal court’s ruling against
milk agreement. Page A-l
A.
Foundry pastor criticizes Woodring for
liquor stand. Page B-l
25.000 Boy Scouts coming for national
Jamboree. Page B-l
Utilities Commission approves new
safety zone design. Page B-l
Banned schoolgirl may not learn status
until Wednesday. Page B-l
$830,000 supplemental relief funds
asked by Welfare Board. Page B-l
Census figures show booming business
here. Page A-2
Six persons Injured In traffic acci
dents. Page A-15
Hangar Club manager faces trial on
dry charge today. Page A-ll
EDITORIAL AND COMMENT.
This and That. Page A-12
Answers to Questions. Page A-12
Political Mill. Page A-l$
David Lawrence. Page A-13
Paul Mallon. ' Page A-13
Dorothy Thompson. Page A-13
Jay Franklin. Page A-13
Constantine Brown. Page A-13
SPORTS
Hoyas aim at scoring record against
Shenandoah tomorrow. Page D-l
Minnesota’s reserves give it edge over
Northwestern. Page D-l
Navy eleven confident in facing Penn
team tomorrow. Page D-l
Improved Ohio State team to take field
against Notre Dame. Page D-2
Vanderbilt to build yacht to defend
America’s Cup. Page D-2
Pro grid promoters find scarcity of
good linemen. Page D-3
St. Mary’s aims to check Ray Buivld of
Marquette. Page D-3
Club championships winding up local
golf season. Page D-4
FINANCIAL.
corporate Donas again
gain (table). PageA-21
Retail trade climbs. Page A-21
Freight loadings down. Page A-21
Stocks advance (table). PageA-22
Curb list higher (table). Page A-23
Hudson Motor net soars. Page A-23
MISCELLANY.
Washington Wayside. Page A-C
Auto Show Puzsle. Page B-S
Young Washington. Page C-1S
Vital Statistics. Page B-7
City News in Brief. Page C-5
Traffic Convictions. Page A-17
Dorothy Dlx Page D-S
Betsy Caswell. Page D-S
Nature’s Children. Page B-S
Bedtime Story. Page C-7
Winning Contract, Page C-7
*
■ * m-t*
Attempt to Extort From Kin
Of Mellon Reported Confessed
_ A --
Acrobat Also Admits
Threats Against Two
Others, Hoover Says.
Solution of extortion attempts on
Mrs. David K. E. Bruce, daughter of
Andrew W. Mellon, and on two other
prominent persons was disclosed to
day by the Federal Bureau of Investi
gation with announcement of con
fessions from Frank Vitolo itiner
ant acrobat, arrested at Yonkers. N.
Y„ recently on other extortion
charges.
Vitolo, held in the Federal House
of Detention at Yonkers in default
of $10 000 bond, had been reported
previously as admitting authorship
of threatening letters to Harry Sin
clair, oil magnate; Mrs. George Hor
ace Lorimer, wife of the former edi
tor of the Saturday Evening Post;
Mrs. A. Hamilton Rice, wife of the
explorer, and others.
In his latest alleged confessions, It
was announced here today at the of
fice of J. Edgar Hoover, F. B. I. di
rector, Vitolo said he had sent ex
tortion letters to Robert Owen Fos
ter, prominent Minneapolis business
man, and Mrs. William E. Fine of
Yonkers, in addition to Mrs. Bruce,
who lives at Southampton. Long Island.
The letters to Foster were mailed in
1934 and threatened to kidnap his
daughter Mary, then 19, unless $10,000
was paid. The money was to have
been placed in a package and dropped
on the highway near St. Paul by
Poster's chauffeur, when the latter
beard pistol shots as a signal. The
MRS. DAVID K. E. BRUCE.
Instructions were carried out, but the
extortionist failed to appear.
The series of extortions which Vi
tolo is accused of attempting were
markedly similar in "modus operandi"
and technical experts of the F. B. I.
laboratory established that most of
the letters were in Vitolo's handwrit
ing
The letters to Mrs. Lorimer. de
manding $5,000. were written on a
toy typewriter, however.
F. B. I. agents trapped Vitolo in
Yonkers on October 1 after a Nation
wide hunt for him.
RUSSIAN SOLDIERS
Insurgents Claim 300 Were
Taken Prisoner in Thrust
in South.
By the Associated Press.
LISBON, October 30.—A com
munique issued at Oen. Jose Varela’s
Fascist headquarters today claimed
Insurgent troops had captured many
prisoners, “including 300 Russian sol
diers who cannot speak a single word
of Spanish."
The communique said the alleged
Russian troops were captured in fierce
fighting yesterday on the southern
front.
MAJOR BATTLE BEING FOUGHT.
Government Reopens Drive to Break
Rebel Threat on Madrid.
TORREJON DE LA CALZADA.
Spain, October 30 (JP).—Government
commanders rushed fresh troops to the
front today as Madrid defense forces
reopened their fierce assault on the
Fascists in the second day of one of
the war’s bloodiest battles.
Revitalized by the capture of three
insurgent-held towns almost on the
outskirts of the capital, the Socialist
army battled in the hollow of the
Fascists’ v-shaped line in an effort
to force it back or break through it.
Torrejon de Velasco, 15 miles of
Madrid on the arterial highway to To
ledo, was the next objective.
Shouts of "forward to victory”
echoed through the government lines
In the dawn hours as battle-fired
troops sprang to the charge.
Airplanes, tanks and anti-aircraft
artillery joined the charge as officers
rallied their men with shouts to “save
Madrid and drive the Fascist hirelings
back to Portugal.”
Gunners lay down a barrage of
steel shrapnel, with the first light of
morning, from cannon brought for
ward in pace with the government ad*
vance.
In the moonlight of last night.
Fascist planes carried on the de
fensive battle, machine-gunning gov
ernment positions.
The counter-offensive was launched
yesterday simultaneously with a proc
lamation in Madrid by Premier Fran
cisco Largo Caballero that the govern
ment now had a powerful force of
tanks and airplanes strong enough
to break the siege of Madrid.
The militia suddenly took the of
fensive. captured Humanes and
Grinon. and entered this town by
nightfall. Government leaders claimed
(Bee SPANISH. Page A-S.)
Cl. COOPER SUES
FEDERAL OFFICIALS
“Malicious Prosecution” Is
Charged in Action Seek
ing $500,000.
Charging conspiracy and malicious
prosecution. Col. Wade H. Cooper,
president of the closed Commercial
National and United 'States Savings
Bank, filed suit for $500,000 in District
Court today against Controller of the
Currency J. F. T. O’Connor. He also
named as defendants seven others
whom he blamed along with O’Connor
for his indictment and subsequent
trial on charges of misapplying funds
of the Commercial.
The defendants are O’Connor, Rob
ert C. Baldwin, receiver for the Com
mercial; F. G. Await, former deputy
controller of the currency; George P.
Barse, chief counsel of the Treasury
Department's Division of Insolvent
Banks; former United States Attorney
Leo A. Rover and his assistant, Irving
Goldstein: Gibbs Lyons of the Treas
ury Department, and Samuel C. Si
mon, Justice Department accountant.
Cooper, who was ousted from con
trol of both banks in 1933, was in
dicted three times and finally tried on
the third true bill, which charged him
with misapplication of $48,500. After
a six-day trial in District Court, which
attracted widespread attention, a jury
found him not guilty on all four
counts In the indictment.
two uonms in son.
Two counts were contained In
Cooper’s suit today, each asking *250,
000 damages. The first charged all
eight defendants with conspiring to
maliciously prosecute him, end the
second alleged that they did ma
liciously prosecute him.
Through his attorney, Richard L.
Merrick, Col. Cooper told the court
the defendants, "or their agents," ap
peared before the grand jury three
times—January 4. January 12 and
March 29, 1934—and obtained indict
ments against him. The first two
charged him with conspiring with an
other man to misapply In excess of
$400,000. These later were nolle
proceed on the ground. Cooper as
serted, that they were "false and
there was no reasonable or probable
cause for the prosecution thereof.”
Asserting he enjoyed an excellent
reputaton in Washington and was
highly regarded In his positions as
bead of the Commercial and United
States Banks. Cooper alleged that the
acts of the defendants have brought
him Into "public scandal, infamy and
disgrace.”
r
APPEAL ON MILK
RULING DECIDED,
PRICES MAY RISE
Producers Resolve to Act
Without Regard to
Agreement.
A. A. A. DETERMINES
IMMEDIATE STEP
Specialists, Lawyers and Farmers
at Meeting—Justice Department
Urged to Begin.
BY BLAIR BOLLES.
While producers resolved to de
mand higher prices for their milk—
marketing agreement or no marketing
agreement—the Agricultural Adjust
ment Administration today decided
to appeal at once from the District
Court ruling that the agreement,
which establishes Federal control over
the dairy business here, is uncon
stitutional.
At the close of a 4-hour session
in the office of the dairy section of
the A. A. A. attended by dairy j
specialists, lawyers and farmers, the
Department of Justice was asked to
seek Immediately the right to move
that the District Court of Appeals
reverse the decision of Justice Oscar
L. Luhring.
New High Price Demand.
Meanwhile, 1,100 Maryland and Vir
ginia farmers demanded that the four J
dairies buying the’r milk — Chevy
Chase, Embassy, Wakefield and
Thompson's—pay them, beginning No
vember 1, the new high price which
had been ordered for that date by
A. A. A. under the agreement. Dairies
here have announced that such an in
crease for the producer would mean a
1-cent-a-quart rise to the consumer.
However, opposition came from
Donald Montgomery, A. A. consumers’
counsel, who issued figures to show
that under present conditions the
Washington milk dealer has a margin
of 6.4 cents on every quart of milk he
sells for 13 cents, since he pays the
farmer 6.6 cents.
The Richmond dealer, Montgomery
said, sells milk for 13 cents, but pays
the farmer 7.8 cents, while the New
York dealer, whose store price is 13
cents, pays 8 cents, and has a margin I
of only 5 cents. The margin of the
Philadelphia dealer, whose sales price
is 12 cents, is 5.5 cents, and of the
Boston dealer, also a 12-cent milk
city, 5.6 cents.
The association's contracts with
the four dairies, which expired when
the agreement became effective Sep
tember 21. gave the farmer an average
of 26 cents a gallon for his milk, ac
cording to the association.
The amendment to the agreement
approved by A. A. A. two days before
Justice Luhring issued his preliminary
injunction against the agreement
establishes a new price averaging a
little over 30 cents a gallon.
The District Court jurist granted a
preliminary injunction upholding the
contention of 13 farmer plaintiffs that
the agreement has the invalid aim of
regulating agricultural production and
I impairs their contractural rights.
Until the justice enters his decree,
I however, the A. A. A. said, there will be
doubt whether the injunction is sweep
ing or applies solely to the 13 plaintiffs.
; However, even if only the 13 are af
I fee ted, the A. A. A. may suspend the
agreement to prevent their having an
unfair advantage over the other 1.300
farmers supplying Washington's milk.
Justice Luhring said the marketing
agreement is invalid because its "base
rating plan and price-fixing provisions
control, or attempt to control, pro
duction of milk in Maryland and Vir
ginia.” He added:
“The question here Is not an open
one. It has been settled by the Su- !
preme Court of the United States.
Congress pjay not under the com
! merce clause, regulate the produc
tion of milk or any other farm prod
I uct.”
The A. A. A. holds that the agree
ment regulates distribution. The plain
tiffs, 12 of whom sell their milk
to Highland Farms Dairy and one to
Model Farms Dairy, held that the
(See MILK. Page A-2.)
COLDER AND CLOUDY
WEATHER IS FORECAST
Near-Freezing Temperatures Ex
pected Tonight, With Tomor
row Fair.
Near-freezing temperatures are pre
dicted overnight as cold weather
moves back into the Capital.
This afternoon, the forecaster fays, j
will be mostly cloudy and colder,
while tomorrow is expected to be fair
and “moderately cold.”
The “low” overnight, according to
the Weather Bureau, will probaDly be
about 35 degrees, but the mercury
may slide a degree or two below that.
Yesterday’s high temperature was
62 degrees, at 4 p.m„ while today’s
minimum was 43, at midnight. At
9:30 am. the reading was 54.
GOVERNMENT WORKERS
TO GET PAY TOMORROW
Treasury Assures That Flans Arc
Complete for Disbursement
Before 1 F.M.
Fortunately for Government work
ers, Uncle Sam plans to pay oil every- •
body tomorrow. Halloween, October
31. instead of waiting until Monday,
November 2.
A check-up of Federal establish
ments today failed to disclose any
which plan to hold up pay over the
week end. Usually there are soma
which do not pay on the last day of
the month, but wait for the first. The
Treasury Department disbursing of
fice, through which pay clears for
nearly all Federal workers in the
city, except the military, gave assur
ances today plans were complete to
pay all tomorrow before 1 p.m., dis
missal time.
*