Evening star. [volume], April 06, 1937, Page A-2, Image 2

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

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TEXTILE BARRIER
1 By JAPANESE
Delegate to Textile Confer
ence Declares Tariff
Keeps Pay Down.
BY BLAIR BOLLES.
Tear down the tarff barriers against
Japan's products and she will raise
the pay of her textile workers. J.
Kitaoka, Japanese government dele
gate, today told 200 representatives
of the world's leading textile-pro
ducing lands, most of whom regard
Japan's low wage level as a power
ful competitive factor in the race for
foreign markets.
In a report defending the practices
of his country, which in 10 years
has risen to a place among the first
five textile nations, Kitaoka declared
that Japan saved the market for the
raw materials of the industry at the
depth of the depression, at the very
time producers of raw materials were
cursing her for intruding into their
markets for finished products.
"It is to be noted," the Japanese
told the World Textile Conference in
the departmental auditorium, "that
the low working conditions of the
Japanese workers are occasionally
used by other countries as the reason
or pretext, for establishing high tariffs.
But it would be much truer to say
that the high tariffs are the stumbling
block in the way of raising the stand
ard of living."
Forty-Hour Week Gets Jolt.
The cry for abolition of tariffs
directed against Japan was Kitaoka's
answer to the swelling demand at the
parley for a world-wide 40-hour week
Pnd a minimum w age standard. This
was given a rude jolt by Gottfried
van der Meurens. employers’ delegate
from the Netherlands.
The 40-hour week, warned Van der
Meurens, instead of increasing em
ployment, will only lead management
to develop "rationalization" to the
point where the number of jobless
textile workers will be many more
than at present.
Rationalization is a polite term for
the stretchout, the policy of increas
ing the burden and duties of each
worker, who. it was brought out yes
terday, now handles two times as
many looms as he did 10 years ago.
The 40-hour week would be wel
come in the Canadian industrial
provinces of Quebec and Ontario.
Gerald H. Brown, Canadian govern
ment delegate, said.
Child labor, the 40-hour week and
a minimum wage standard promise to :
remain the chief controversial topics j
cf the conference.
Bell Injects Spirit.
James Bell, secretary of the Old
ham Weavers’ Association, who is an
adviser to the British workers' dele
gate. injected spirit into the meeting
late yesterday by twitting Anthony J.
Muirhead, British government repre
sentative, who told the delegates they
should gather more information before
advocating any particular steps.
"How disappointed the workers of
my country were when they listened
to the speech of the representative
of the British government.” Bell said,
and added'.
"I want to point out to the confer
ence the necessity of not being led
away from its main point by a mass
of statistics and information. The
facts which workers are interested in
are the facts on the number of work- j
ers who work too long hours for too !
low wages. i
The British debate was intensified
by Thomas Ashurst. management i
delegate, who supported the sugges- ]
tion that more information be de- [
veioped. He opposed recommendation .
by Henry I. Harriman. former presi- ;
dent of the United States Chamber of ,
Commerce, for international reg
ulation of hours, wages and child 1
labor.
• I view with great concern any in- j
ternational action which would in- i
volve the abandonment of our sys- j
tern of settling wage-and-hour con- I
riitions in the various countries other
than by collective bargaining,” i
Ashurst said.
"Ever since the beginning of our
Industry it has been our custom to ,
fix our wages by collective bargain
ing. It has worked equitably, and
any attempt to take from us our
aystem of such bargaining will be re
sisted not only by the employers but
I am quite sure by the workers’
aections."
SAILOR GETS 15 DAYS
Ollie Mikulenka. who said he had
been a sailor for the last 20 years,
appeared before Judge Edward M.
Curran in Polite Court yesterday and
pleaded guilt}’ to a charge of intoxi
cation.
"Have you ever been arrested here
before?" the judge asked.
"No, sir," the defendant replied.
"Have you ever been arrested any
where before." Curran pursued, “and
If so. where?"
"Yes. sir. I've been arrested before
—Madrid, Barcelona, Singapore, Bud
apest, and a lot more. But they al
ways let me out soon as I sobered up.”
"This will probably set a precedent,
then." said Judge Curran. "Fifteen
days."
Congress in Brief
TODAY.
Senate:
In recess.
Judiciary Committee continues
hearings on Roosevelt court bill.
House:
Considers sundry private bills.
Agriculture Committee resumes
consideration of farm tenancy leg
islation.
Interstate Commerce Committee
resumes study of proposal to put com
mercial airlines under Interstate
Commerce Commission.
TOMORROW.
Senate:
Takes up unanimous consent cal
endar, followed by resolution on sit
down strikes.
Appropriations subcommittee meets
on State, justice, commerce and labor
supply bill. (Executive session.)
Judiciary Committee continues hear
ing on President's court bill.
House:
Considers miscellaneous bills.
Labor Committee meets 10 a.m.
Immigration and Naturalisation
Committee meets 10:30 a.m.
Post Office Committee meets 10.30
am.
Public Buildings and Grounds Com
mittee meets 10 a.m.
Judiciary Committee meets 10:30
a m.
District Committee meets 10:30 a.m.
A
Washington
Wayside
Tales
Random Observations
of Interesting Events
j and Things.
A WHAT?
MISS LOUISE HART, who is,
of all things, an attorney at
the Department of Justice,
tells us she was scanning a
deposition in a veteran's disability suit
the other day when she came across
this item:
The plaintiff allowed as how he had
been permanently disabled by an in
jury received in wartime service with
the Navy. Said he was carrying food
to a prisoner aboard ship “when he
tripped over a chain attached to a
300-pound wench."
You'll have to call an admiral about
that one. We don’t know any details.
* * * *
INSULT.
WASHINGTON scribe we know is
a ponderously slow typist and
would prefer not to have any names
dragged into this story, but it so hap
pens that he called a drug store the
other night and asked to have a type
writer ribbon sent up. (You can buy
anything at this store except a cow.)
They delivered it in short order
and our correspondent promptly be
came enraged and told the messenger
boy to take the thing back, and to
heck with it. He was a bit upset
about the deal and inquired what
might be wrong.
Turned out the ribbon had printed
on the case, in bold letters, "Hunt ,
and Peck." Our friend thought some |
one was being funny, but not very,
until the boy pointed out that “Hunt
and Peck" are manufacturers, with a
plant in a certain Eastern city.
* * * *
FAUX PAS.
Customers in an Irving street
pharmacy tverc taken aback no
end the other afternoon when a
chap at the lunch counter suddenly
let out a roar like a lion and be
came purple with anger.
They found out the cause later.
'Twas a lion tamer from a circus
that had stopped at the Potomac
Yards, en route to New York. The
fellow had, with a friend, passed a
postman's holiday visiting the Zoo.
When he came into the store for
a sandwich the counter man asked
him how would he like a bit of
sliced tongue.
Ht k He sk
PERSUASION.
VVTTHOUT even trying, Mr. A. H.
Lewis of Arlington, Va.. ha* per
suaded us to break our rule about
never mentioning that three-digit
mathematical problem again.
"No doubt the reading public is fed
up." aays he, accurately, "but I aend
along a solution for your own edifi
cation.”
Admitting we’ve been edified to a
brown turn since the blasted problem
first appeared in print, we have no
idea of writing up Mr. Lewis’ figures,
which are beautiful, simple, clear and i
convincing.
Thing that brought on all this was
the gentleman's confession that he
had happened to read the problem at
about midnight and didn’t finish solv
ing it until 2 a.m., "after using up
about a half acre of the kids’ school
paper" . .. losing a lot of sleep, as we
have in wrangling the poser, and end
ing up in no especial good humor.
(“P. S.,” writes Mr. Lewis, “I bet
Mr. Hayes didn’t solve it in a couple
of minutes either.”)
* * * *
SALES TALK.
None but the hard-hearted could
fail to sympathize with those house
to-house salesmen who tag from
door to door, morning, noon and
night, but for the first time the
other day we encountered one who
compelled sympathy to blossom into |
outright affection.
The trick u>as turned by a little
girl who came around to the door
with soap powder samples. She
knew her little piece by rote and
rattled it off a mile a minute.
When she had finished, she paused,
looked us squarely in the eye and
said, “Nice little dog you have there.
Is there a family in the apartment
upstairs?’’
* * * *
ARISE!
VlfORD comes to us, by a devious
’’ way as usual, of a group of
policemen who sat in Judge rurran’s
court recently. The discussion—a very
facetious discussion, you can be sure
—concerned the advantage of a sit
down strike among policemen.
Not an angle of the thing remained
unexplored when the bailiff suddenly
called out:
“Every one rise.”
The policemen were the first on their
feet, an automatic gesture.
20 PLANES PURCHASED
French Government Supervised
Company Places $800,000 Order.
WILMINGTON, Del., April 6 (/P).—
The Bellanca Aircraft Corp. said yes
terday that Air France, a French gov
ernment supervised airplane trans
portation company, was the purchaser
of 20 airplanes costing approximately
$800,000 now under construction at
the Bellanca factory near New Castle.
Six of the planes, costing approxi
mately *40,000 each, have been com
pleted and will be sent to New York
for transportation to France by ship.
The entire order will be completed by
June 10.
The planes are to be used for the
transportation of mail, though not in
trans-oeeanie service, it was stated at
the plant.
4
Court Plan Witness Urges
Roosevelt to Retrace
His Steps.
BACKGROUND—
Precipitated by President’s re
quest for authority to name six new
Supreme Court justices unless
those over 70 retire, the fight has
split party lines in Congress and
brought that body’s normal func
tions virtually to a standstill.
Senate Judiciary Committee
hearings on the measure have
shown no signs of ending despite
demands that they be terminated
to permit enactment of necessary
legislation. Most opponents of the
bill agree with its primary objec
tive—securing a more liberal in
terpretation of the Constitution—
but insist it be done by constitu
tional'amendment.
BY JOHN H. CLINE.
Asserting President Roosevelt s ad
visers have "abandoned principle lor
expediency,” Charles C. Burlingham,
former president of the New York Bar
Association, appeared before the Sen
ate Judiciary Committee today and
called on Mr. Roosevelt to "retrace
his step* and proceed on the road
charted for him by the Constitution”
if he desires to change the Supreme
Court.
Telling the committee the court bill
should be abandoned in favor of an
amendment, the witness said:
“What so many of us who have
supported the President oppose is the
method he is adopting to achieve his
ends. The fundamental question be
fore the people is not the minimum
wage, the N. R. A., the A. A. A., or
any other part of the New Deal. Nor
is it the size of the court or the age
of the judges; it is whether the Su
preme Court is to be independent or
controlled.
“To lawyers, the independence of
the judiciary should be as indisputable
as the multiplication table.”
Discussion Intensified.
Prior to Burlingham's appearance,
an agreement between Senators
Wheeler, Democrat, of Montana, and
O'Mahoney, Democrat, of Wyoming,
intensified discussion of a possible
constitutional amendment as an alter
native to the Roosevelt measure.
Wheeler, an outspoken objector to
revamping the Supreme Court, said
he would vote for OMahoney’s
amendment to require a two-thirds
majority of the court to invalidate
any statute.
Criticising Attorney General Cum
mings for his connection with the
plan, Burlingham. a former president
of the New York Bar Association, said:
"A strange thing about this pro
posal is the reluctance of its sponsors
to acknowledge its authorship. It has
been praised by cabinet members as a
direct and straightforward, quick and
easy method of accomplishing a
much-needed aid to New Deal legisla
tion. Why, then, docs no one come
forward to claim at least that he
inspired or suggested this marvelous
makeshift? Do they fear that they
might take credit from the Attorney !
General or even from the President j
himself? I
"Certainly the President has got
all the credit he can get—and more, j
As to the Attorney General, he is I
almost unique or. to quote Shake
speare. is 'alone the Arabian Bird ’
"I do not believe that in our his
tory there are more than two other
Attorneys General—I will not name
them or help any one to identify j
them—who would not have resigned
their office rather than have any part j
or lot in such a shabby enterprise. |
A Richard Olney or a Moody or a
Gregory would have advised the Pres
ident to stop, look and listen and turn
back and take the constitutional
path.”
One New York attorney, describ- j
ing himself as a friend of the Presi
dent, said it is "absurd and unthink
able” to imagine that Mr. Roosevelt '
is reaching for more power to make
himself a dictator.
"But,” he added. "Franklin D.
Roosevelt is not the last President of
the United States; there will be
others. All the Huey Longs are not
dead and as the political pendulum
swings we may have reactionary
Presidents and reactionary Senators
who with this bill as a precedent may
make a new court responsive to their
will; and liberals and radicals, and
labor, too, may curse the day when
the Roosevelt bill was conceived. As
a supporter, an admirer and a friend
of the President, I cannot refrain
from saying that I think he has made
a great blunder and should retrace
his steps and proceed on the road
charted for him by the Constitution—
I mean by amendment.
Two Kinds of Amendments.
"There are two kinds of amend
ments, which should be sharply dis
tinguished.
"First there are substantive amend
ments, as, for example, to extend the
scope of the commerce clause or to
give Congress the power to legislate in
social a .d economic fields. The other
class of amendments gives to the Con
stitution the powers or the functions
of the court itself. I submit that the
best of these is Senator Burke’s, fixing
an age limit for retirement of all Fed
eral judges. The precise age is not im
portant, but it would be unfair to the
elderly justices themselves and would
disrupt the court if five judges should
be retired compulsorily at one time.
“I yield to no man in my respect
and regard for the President, but he
is the last man in the world to claim
that he is a great lawyer. He must
rely on others to advise him as to the
Constitution and the law, and I regret
that his advisers have abandoned prin
ciple for expediency.
"Quite apart from the principle in
volved, I see great value in proceeding
by way of amendment to the Consti
tution. The discussions of the last
two months have convincingly shown
the need of educating the people In
the principles of our Government. The
hearings before this committee, with
the reports in the press and the dis
cussions which are taking place all
over the country, have been of great
value, but they have ranged around
a piece of so-called emergency or
crisis legislation. If, instead, the sub
ject of discussion were an amend
ment to the Constitution, it would
be fully and ably debated In both
Houses of Congress, and on the adop
tion of a joint resolution the discus
sion would be continued at the elec
tions of members of the State Legis
latures or delegates to State conven
tions, and the proposed amendment
would be debated fully in these Legis
lstures or conventions.”
Senator Dieterich, Democrat, of
Illinois asked the witness to "please
not censor me” after Burlingham had
corrected hi* statement that the
BIG PARADE HERE
Roosevelt to Review March
ers—Group Who Opposed
War to Meet.
A cross-section of America’s highly
mechanized armed forces started a
parade along Constitution avenue this
afternoon in observance of Army day
and the twentieth anniversary of the
entrance of this country into the
World War.
Although designed as a colorful
peacetime procession, military men
found the demonstration by units of
America’s fighting organization far
surpassing in impressiveness the force
available when Congress declared war
on Germany on April 6, 1917.
Forming at New Jersey avenue and
B street southeast, the parade wound
through the Capitol grounds and
headed for stands directly south of
the White House, where President
Roosevelt, Secretary of War Woodring
and other cabinet members and mili
tary officers were to review the
marchers.
Five Divisions in Parade.
The line of march consisted of
flve divisions, including regular troops
of the Army, Navy, Marine Corps and
Coast Guard, National Guard. Organ
ized Reserve units, R. O. T. C. college
units and high school cadets and vet
erans and patriotic groups.
Veterans in the Police Department
who wished to participate were ex
cusd from duty at 1 p.m. by In
spector L. I. H. Edwards.
The column also included groups
of girl high school cadets, units repre
senting the Daughters of Union Vet
erans, several women's posts of the
American Legion Auxiliary, a de
tachment and band of Cushing Aux
iliary to the Sons of Union Veterans
and a marching unit of the Grant
Union Circle of the Ladies of the
G. A. R.
Gen. Bowley in Command.
Maj. Gen. Albert J. Bowley, com
manding general of the 3rd Corps
Area, had command of the five main
divisions and acted as grand marshal.
While the parade moved along a
handful of graying men and one
woman, who voted in Congress against
American participation in the World
War, planned to gather tonight in
commemoration of their action.
Of the original 56 dissenters, 30
have died. Edward Keating of Colo
rado said he never expected to see
the time when his “no" vote would
be praised, “but it's become a pretty
popular thing to have done, now.”
Jeannette Rankin of Montana, the
first Congresswoman, said her “no"
was drowned in the shout of opposi
tion.
Senator Norris, white-haired Ne
braska Independent, who was one of
the dissenters, will be among the
surviving “no" voters when they meet
for a reunion dinner at the Willard
Hotel.
Two other members of the present
Congress will attend—Senator Lun
deen, Farmer-Laborite, of Minnesota,
who was a Representative 20 years
ago. and Representative Knutson. Re
publican, of Minnesota.
Other events incident to the ob
servance of Army day will be an Amer
ican Legion dinner in Alexandria, Va.,
where Admiral William D. Leahy,
, chief of naval operations, will be the
| principal speaker, and a dinner of the
Military Order of the World War at.
1 the Mayflower Hotel, w'here Secretary
Woodring will speak.
——-m - ■■ .- —
RECEIVES POPPY <
President Gets Flower Prom
4-Year-Old Iowa Girl.
From 4-year-old Ruth Joyce Bradish :
of Sioux City, Iowa, President Roose
velt received today the first buddy
poppy of the annual Veterans of For
eign Wars' drive for relief of widows
and orphans of World War veterans.
Joyce is an orphan in the organi
sation's home at Eaton Rapids, Mich.
She was accompanied to the White
House by Col. Bernard W. Kearney,
head of the veterans' organisation.
MISSING GIRL FOUND
Rosilee Simons. 14-year-old daugh
ter of Mr. and Mrs. Louis Simons of
Aurora Heights, Arlington. Va„ who
has been missing from her home
sine* last Friday, was located today
in Detroit, Mich., according to police.
She is now in the custody of an
uncle, who is a member of the Detroit
police department.
DEATH TO BE PROBED
A coroner's jury tomorrow will in
vestigate the death of Marie McLean,
22, of the 1400 block of Forty-fourth
street northeast, who died in Sibley
Hospital last Thursday, allegedly from
the effects of an illegal operation.
Dr. James William Hart, 62, of 2156
F street, who was arrested yesterday
in connection with the death and later
released on $2,000 bond, is to appear
at the inquest.
"Chief Justice left the Supreme Bench
to run for the Presidency.”
"I stand corrected,” Dieterlch said.
"My history may be in error.”
The Illinois Senator then criticised
the appointment of Chief Justice
Hughes after his defeat for the presi
dency and asked:
"Don’t you think Gov. Landon, had
he been elected, would have appoint
ed Herbert Hoover to the Supreme
Court?”
“No.” Burlingham said. “He’s an
engineer, not a lawyer.”
"Well,” Dieterich added, "it looks
like the Supreme Court is a court of
retirement, a place for defeated Re
publican candidates.”
Wheeler and O'Mahoney announced
their agreement on a constitutional
amendment to Senator Pittman,
Democrat, of Nevada, who had sug
gested he might back any amendment
they would propose Jointly.
Pittman told reporters he expected
the committee would approve the
amendment and that he might give it
his own support, but not as an alterna
tive to the administration measure.
O’Mahoney, still not ready to com
mit himself on the Roosevelt bill, said
he felt encouraged over prospects of
his amendment.
The committee late today is to hear
James Truslow Adams, historian.
Restiveness over duration of the
hearings evidenced itself in the com
mittee. but no Senator was yet willing
to ask for a time limitation.
The opposition expects to present
testimony all this week and possibly
next. Supporters of the President
will return to the stand at least briefly
before the committee takes up the bill
in executive session.
Pachyderms Soon to Get New Home
One of the circular swimming pools for elephants at the $300,000 pachyderm house nearing
completion at the Zoo. The house probably will be opened to the public in May. The picture
shows the new design of free-view, outdoor pools and runways which has substituted moats ana
loiv, rock-studded ledges for bars.
Interior of one of the moats which will prevent the elephants from straying and keep spec
tators at a safe distance without obstructing the view.___
Filings Also Examined for
Link to Attempt to
Derail Train.
A hack saw and iron filings, said to
have been found on the property of
Robert Langdon. 44. former Wash
ington policeman, after an apparent
attempt to derail a fast passenger
train in New Haven, were being sub
jected to laboratory tests today, ac
cording to an Associated Press dis
patch from the Connecticut city.
Langdon. who was discharged from
the District force after his arrest in
connection with the still unsolved
murder of Beulah Limerick, is held by
New Haven authorities on a charge of
wilfully placing an obstruction on the
tracks of a New York-Boston express.
! Bond has been set at *15.000, and the
case will be taken into court next
Monday.
Flagged Train With Flashlight.
The former Washington officer was
arrested March 28 after he flagged the
New Haven Railroad limited with a
flashlight in time to prevent the train
from crossing a heavy chain that had
been bolted across the tracks. He ex
plained he had seen a man running
from the scene a few moments before.
Langdon was held in $15,000 bail
on an "idleness" charge the next
day, pending further Investigation.
Finding of the saw and filings in the
cellar of his home, together with
discovery of undisclosed Information,
resulted in the obstruction charge,
Connecticut State Policeman William
Murphy declared, according to the As
sociated Press.
The "Idleness” charge was nolle
prcmed when Langdon appeared be
fore Judge Clifford Sturges, and the
obstruction accusation filed Instead.
The statute which Langdon is al
leged to have violated, the Associated
Press said, provides a maximum prison
sentence of 10 years for obstruction
and one of 30 years for intent to de
rail.
Involved in Limerick Case.
Langdon, now in the poultry busi
ness in New Haven, was the "police
man on the beat” when Miss Limerick,
19-year-old secretary of the Sky High
Whoopee Club, was shot to death in
her Nineteenth street southeast home
on the night of December 31, 1930.
Although released as a suspect in
the slaying, Langdon was dismissed
from the force after detectives report
ed discovery of liquor-making ap
paratus In his home.
FLORIDA SHIP CANAL
HEARINGS TO START
Tentative Plans Are Made to
Inaugurate Sessions
Next Week.
The House Rivers and Harbors Com
mittee today made tentative plans to
start hearings next week on the Flor
ida ship canal project after receiving
sharply conflicting reports from Army
engineers on the project.
Attaches of the committee said the
date of the hearings would depend on
availability of printed copies of the
reports. A committee clerk said
Chairman Mansfield probably would
limit the testimony to two or three
days.
Maj. Gen. Edward M. Markham,
chief of engineers, ignored a report
of the War Department’s Beard of
Engineers for Rivers and Harbors and
recommended completion of the giant
waterway at a cost of $197,921,000.
The board, whose report the War
Department transmitted to Speaker
Bankhead along with Gen. Mark
ham’s, said the canal was economically
unsound and should be abandoned.
The board said the canal, if dug to
an adequate width and depth, would
cost $263,838,000.
\
Odd Names Imperil
Child’s Personality,
Parents Informed
By ttie Associated Press.
LINCOLN, Nebr , April 6.—Parents
who give their children "odd sounding
names and those of ambiguous mean
ings." Dr. W. E Walton. University of
Nebraska phychologist warned today,
endanger the youngsters' personality
development throughout life.
"The name which a child is given
at birth may be a determining factor ;
in his development of personality, in
the ease with which he acquires
friends, and in all probability, in his !
! success and failure in life,” he said.
Dr. Walton said his study of names
I disclosed Robert, Richard, Charles and
' Jack were the four most popular men's
names, and Jean, Dorothy, Jane and
Virginia in the forefront of popularity
: as women's names.
Sit-Down
(Continued From First Page.)
day by Senator Pittman, Democrat, of
Nevada.
In Its original form, this resolution
condemned sit-down* a* ‘‘illegal and
contrary to sound public policy,” and
also denounced ‘‘the so-called indus
trial spy system" used by some em
ployers to combat labor unions.
To Offer Amendment.
Robinson said he would offer an
amendment to the resolution, ap
proved by the conference, but did not
reveal its nature.
Meanwhile, in the House. Repre
sentative Hoffman, Republican, of
Michigan bitterly attacked President
Roosevelt, John L. Lewis and Gov.
Frank Murphy of Michigan for the
‘‘armed rebellion” which he said has
continued for 90 days.
After emphasising his State's motor
industries had led the attack on the
depression, Hoffman called Gov. Mur
phy “the puppet Governor of the
principality” and said his first act as
Governor after having been brought
from overseas by Mr. Roosevelt was ‘‘to
countenance, encourage and assist a
communistic attack upon the pros
perity the motor industry had de
veloped.”
“Backed by the President,” Hoffman
charged, “he willfully refused to en
force the laws of the State and Michi
gan now learns that Lewis will bring
in his strong-arm men from United
Mine Workers’ organisations to throw
out, with or without bloodshed, those
who defy Lewis’ authority.”
Scope of Resolution.
The Pittman resolution is a concur
rent resolution—In effect, a mere state
ment of policy by both houses of Con
gress, which does not require any ac
tion by the President.
It is limited to "industries within the
jurisdiction of Congress,” and, there
fore, would not apply to strictly intra
state businesses.
The Pittman resolution and two
others kept the troublesome sit-down
issue before the Senate after it had
rejected yesterday a proposal to insert
into the Guffey-Vinson coal bill a poli
cy declaration against such strikes.
Robinson led the opposition to the
proposal of Senator Byrnes, Demo
crat, of South Carolina, calling sit
down strikes illegal and against pub
lic policy. Administration forces voted
it down, 48 to 36, and then speedily
approved the coal bill, 58 to 15.
Robinson and others made it plain
they were not condoning the strikes,
but merely believed the denunciation
had no place in the coal measure.
Byrnes Amendment Opposed.
Although no one defended the le
gality of the sit-down method, a
group of Senators led by Wagner,
Democrat, of New York protested the
Byrnes amendment was one-sided be
cause it did not condemn illegal tac
tics by employers as well as em
ployes.
Wagner noted that the La Toilette
Civil Liberties Committee had ex
posed a widespread use of labor es
pionage and a "sit-down by employ
ers against the national labor rela
tions act.”
I
‘WINDFALL’ TAXES
U. S. Appeals Tribunal Ap
proves Dismissal of In
junction Suit.
By the Associated Press.
RICHMOND, Va„ April 6—The
Fourth Federal Circuit Court of Ap
peals today upheld the constitution
ality of the "windfall" taxes in af
firming the decision of the District
Court at Salisbury, N. C , in the case
of the White Packing Co vs. the col
lector of internal revenue
The opinion in the case, written
by Judge John J Parker, upheld the
District Court's dismissal of a suit
brought to enjoin collection of the
80 per cent tax under title 3 of the
revenue act of 1936.
Rules Burden Shifted.
The court declared that the White j
Packing Co. came under the classifi
cation of those processors who had
shifted the burden of the processing
tax, later declared unconstitutional,
without paying it.
The Supreme Court decision in
validating the processing tax, the
court here said, held it invalid be
cause it was not a tax at all, but a
mere step in a plan for the regulation
of agriculture beyond the powers of
Congress.
•'The windfall’ tax, on the other
hand, is not a step in any plan of
unconstitutional regulation of agri
culture or industry, but a tax in the
strictest sense of the word imposed
for the purpose of meeting an antici
pated deficit in the budget due to the
passage of the soldiers’ bonus bill
and the invalidation of the processing
taxes," Judge Parker's decision said.
Theory of Tax.
The opinion pointed out that if the
appellant realized no net income as a
result of the business upon which the
processing tax was imposed, he is not
liable for the ‘‘windfall" tax although
he would have been liable for the pro
cessing tax.
The ‘’windfall" tax. it continued, is
based upon the theory that the pro
cessing tax imposed by the act would
increase the price of taxed product
by the amount of the tax. Such in
crease in prices, the court said, re
sulted in an abnormal increase in
profits for processors in that they were
relieved from the payment of the
tax which had resulted in the increase.
! —-•
REGULATION IS URGED
FOR AIR TRANSPORTS
Railroad and Utilities Commis
sioners Say Lea Bill Properly
Amended Is Satisfactory,
n tne Associated Press
The National Association of Railroad
and Utilities Commissioners today ad
vocated Pederal regulation of air car
riers in interstate and foreign com
merce.
John E. Benton, general solicitor of
the association, which he said repre
sented utilities commissions in 46
States, told the House Interstate Com
merce Committee the lea bill was
satisfactory provided it was amended
to preserve the right of the States to
regulate intrastate operations.
The Lea bill would vest regulation in
the Interstate Commerce Commission.
The commission would have power
to regulate rates, service accounts and
issuance of securities by airlines.
Bakers Have Bay in Court.
INDIANAPOLIS. Ind. (4>).—Liter
ally it was Baker day In court.
Joel S. Baker, clerk, and his father,
Grover C. Baker, bailiff, performed
their regular duties.
Attorney Alexander Baker served
as Judge pro tern and presided in 12
divorce cases. During intermission he
visited with Judge Prank P. Baker in
Criminal Oourt.
VIRGINIA IS LOATH
10 TRY DR. MILLER
Prosecutor Fears First-De
gree Murder Charge Can’t
Be Supported.
A> me Associated Pres:
CHARLOTTESVILLX, Va„ April 6
—Commonwealth’s Attorney William
Fife today explained his willingness to
accept a plea of second-degree murder
from Dr. R. G. Miller, accused of
causing the death of 18-year-old Cleo
Sprouse, by saying that developments
since the Indictment of the dentist
showed a first-degree murder charge
could not be supported before a jury
The 53-year-old dentist was indicted
on a charge of first-degree murder
after the pretty high school junior's
body was found near the University of
Virginia cemetery, but both Fife and
Robert E Taylor of defense counsel
announced this week that a plea of
guilty to second-degree murder had
been agreed upon
Plea Was Postponed.
Under Virginia law conviction under
second-degree murder charges calls
for prison sentences ranging from 5 to
20 years.
The plea of guilty to second-degree
murder, originally scheduled to have
been made yesterday, was postponed
until tomorrow morning because of
the death of a sister of Circuit Judge
Lemuel Smith.
Commenting today upon the asser
tion of the girl's mother, Mrs. Lula
Sprouse, that she will fight the com
promise. the prosecutor said the case
had onlv been partially investigated
when Miller was indicted.
No Idea of "Revenge."
"Since he was indicted, however."
he said, "other developments have
been brought to light which lead us
to believe the ends of justice will be
met by the plea of guilty in the
second degree Dr. Miller is expected
to make tomorrow.”
"Again I say,” said the prosecutor,
"the prosecution of this case will not
be carried forward with any idea of
revenge, but, rather, with the idea
of meeting the ends of justice."
He said he had arranged by tele
phone to talk with Charles Curry,
Staunton attorney retained by Mrs.
Sprouse to fight the compromise plea,
but that a definite hour for the con
1 ference had not been fixed.
i
. ... -■ .... —9 •
GENERAL RISE LOOMS
IN PRICE OF SHOES
nr tne Associated Press.
NEW YORK, April 6—A general
rise in retail shoe prices loomed yes
terday as leading chain store operators
announced plans for boosts to offset
increased leather and labor coets.
Melville Shoe Corp , operating stores
in about 40 States, gave notice its lines
would be advanced on April 12, and
said it would disclose the amount of
advance later.
Dealers have estimated that Spring
and Summer lines will range from 15
cents to 50 cents a pair higher than
a year ago, and some quarters of the
trade have contended mark-ups of (1
to $2 a pair may be necessary on Fall
goods, due to shortages of hides and
rising manufacturing costs.
Bowie Entries
for Tomorrow
FIRS1 RACE—:i-vear-olds and up. claim
ing, si.dime; ij lurlongs.
Iro.-tar tGordom. _ .____ In:
xBoosei usccardi lid
Advocate. Jr. (Westrope)_lid
Sea Gull 'Gilbert! ill
xMore Poise (Schmidli_loi
Pile Driver (T Fowler' _ llu
a May Music (McDermott!_ Ml
Miss Adeline 'Barba i lui
Happy and Gay (McDermott)_ 81
a Queen Govans 'M. Peters) _111
Walmiss tFillman' 105
Waterman (O Mailer) . lln
xSquare Play (R. Morrill.._ltio
xVeritas (Gordon) _ _ lOd
Happy Hostess 'De Camillig) __ 101
Cherrystone (Lindberg) _ 105
Miss Symphony 'Hanlordi._ 10:
xTragedian (DufTyi ltu.
a R. Pending and J J Farrell, jr . en'.n
SECOND RACE—4-year-olds and ud
claiming; Sl.tmn n furlongs
Headin Home • Richards) im
xZippv <Barba' _ in,
Petard 'Dougherty* II" ~ 11s
French Trap (FUlman) __III " in;
Icy Wind 'Hanford' _ lln
xSylvla G. (Duffy .. _ I 103
Fair Time (Deering) . _ _ n*?
xTakus (H Le Blanc) __ ~~ 113
xDian (Eccard) __ ~ in:
Uchester (O'Malley) _HI H 115
f —3-year-olds maiden*.
$1,000: 0 furlongs.
Brief (Roeengarten). _ no
a Bounding (Westrope)_HI ftn
Canter Belle 'Barba) _ ~~ j 1 n
Miss Wrack (Hanford).__ “ 110
Gemwick (Schmiol)_ _H~“ 110
Melicent (Grigg) _.._“ jm
c Bomar (Saunders) _IHIIIH 115
Fair Scout (H. LeBlanc)__ _ " 110
Plav Not 'Shelhamer)_ 115
d Linlace (Barba » ____H lln
Kaleida (Schmidli ___ _ 110
d Love Potion 'Sarno). __ no
Teneriffe (Gordon) _ 115
c Late Day (Morns) ... ..... 115
a Gay Jack (Gilbert)_ _ . _ 115
a J. Coleman entry
c Bomar Stable entry,
d D. W. McGrath and £ Langebartels
entry.
FOURTH RACE—The Bowie Kindergar
ten: 2-year-olds; $1,500 added. 4 furlongs
Frank Brooke (Hanford)-. __ 11C
Bunny Baby (Richards)_ ll.t
Laconic (Westrope) _ 112
a Retlaw 'E Smith) _ 1JC
a Araho Lass (E. Smith)_ 10P
Beniam (Saunders* _ 115
c Smoke Signal (Fallon)_ lie
c Last Lay 'Gilbert 1 113
a Araho Stable entry,
a Manhasset Stable entry. (
FIFTH RACE—4-year-olds up; claim
ing; $1.00: 6 furlongs.
Sir Rose (H. If Blanci inn
xCount Heiarch 'Shelhamer) _ 110
8wittlet IM. Peters) ... li«
xMilk 'Sarno' 10.1
xReal Jam Jaekle: 107
Gate Boy (T. Fowler) _ 115
xRoyal Bird 'Duffy) __ _ 111
Credulous 'Westropei _ flj
Holland (Johnson) . _ . 112
SIXTH RACE—4-year-olds up; claim
ing: $1,000; 1 mile and 70 yards.
Engles Bo> iRosengarten) 112
Flagstone iWestrope) 112
xBalapin 'Eccardi _ 111
xDarling Pat 'Johnson)_ 102
Maddest (B Fels) _ 110
Say Do (Gilbert! _ _ 110
xSallandry (Jaekle) _106
SEVENTH RACE—4-year-olds up; claim
ing: $l.oo: lVa miles.
Emvee 'Westropei 111
Playbrook 'Richards) 115
Dormldn (Westropei _ _ .115
xPassing Sun (Gordon)_ 10R
Dearsin (OMailey) _ 111
xChief Mourner (Sarno) _ 106
xMad FTump (Shelhamer)_ 1J0
xBrlght Bird 'Eccardi 106
xDeparted (Duffy) lie
Scratch** for Today—
Muddy and cloudy.
Fourth race—Good Omen.
Sixth race—Xandra, Chief Yeoman.
Bowie Workouts
TUESDAY. APRIL S.
(Track Sloppy >
H SUIa.
Peggy Porter 0:40 Zoic 0:37*,
Petard _0:41H Tugb't Prank 0:39
Late Day 0:39
i/i Mile.
Flagstone 0:344# Holland 0:66
Jackie D _0:53 Bom Happy 0:64*s
Swlftlet _ 0:62a» Spur Flower 0:82*#
Mettle 0:514 s
H Mile.
Patchpocket 1:054# Stone Martin 1 lo>.
Merrily On 1:054# Frederick 109
Credulous l:0fl
*4 Mile.
Manager Bill l:2Pas Hallo 1.21
PTetty Pal 1:24 Merovech _I:S4
1 Mila.
Oanpra 1*2 Paaaini Bva_1:89
Droll itory _.1.»8
f A