WEATHER. ' (C 8 Weather Bureau Forecast.) . Mostly cloudy tonight, showers tomor- The Only evening paper *” Washington with the southeast. Temperatures—Highest, 64, at Associated Pl'eSS NeWS 3.30 p.m. yesterday; lowest, 43. at 5:30 and Wirenhoto SerVlPPS a.m. today. Full report on page A-19. 1 eynuiu OPI Vices. Closing N.Y. Markets—Sales—Page 18 Yesterday’s Circulation, 142,905 __ __(Some returns not yet received ! 85th YEAR. No. 33,965. post office, Washington, °D.ucr WASHINGTON, D. C., WEDNESDAY, APRIL 28, 1937—FORTY PAGES. w*) Mean* A*»ociated pr«»«. TWO CENTS. DAMAGE IS SLIGHT AS FLOOD CREST PASSES CAPITAL; FALL TO CONTINUE Sandbag Brigade Is Halted When Waters Fail to Reach Expected Depth. Trio Rescued in River. WORK AT NAVY YARD HALTED BY PRECAUTIONS Air Travel Suspended as Field Is Covered by Water—Homes in Chain Bridge Area Escape Destruction — Highways Still Open. A full page of pictures of flood scenet urill be found on Page A-7. Further menace to the Capital’s water front from the rain-swollen Potomac appeared unlikely today lifter the river reached its crest and slowly started to recede, leaving a minimum of damage and causing 'Withdrawal of a hastily assembled handbag brigade. Swirling down rapidly from the Upper reaches, the crest—consider ably below that experienced during Khe disastrous overflow last Spring— arrived around 3 a m. High tide, between 9 and 10 o'clock this morning, had little effect on the condition of the river in this area. An official bulletin from the rivers i and harbors division of the Weather Bureau, issued this morning, read: “The Potomac River continues to fall at all points above Washington. At Sycamore Island. Md.. the crest i atage was 23.7 feet and at the Wis- | cnnsin avenue gauge 14.2 feet at 4 a m. today. In the ti.—Presi dent Manuel Quezon of the Philippine Commonwealth sailed today on the Normandie for a month's visit in Eu rope, accompanied by Mrs. Quezon and his two daughters. He plans to study co-operative farm ing in Denmark and land tenancy in Ireland. President Quezon begged off on any interview, saying "everything has been said before and I haven’t anything new to talk about." He will return to the United States late in May. Final Decree to Mrs. Simpson Likely to Be Granted May 4 By the Associated Press. LONDON, April 28—Wallis War-! field Simpson will be free on next Tuesday, May 4, to become the Duchess of Windsor, if her divorce case keeps its schedule in the courts. A final decree, making her divorce from Ernest Aldrich Simpson abso lute, will be granted on that date unless there is some last-minute com plication, which her lawyers believe is now beyond the realm of probability. Mrs. Simpson’s attorneys filed no tice in Somerset House today that an application for the final decree was being made. When Mrs. Simpson and former King Edward VIII, who abdicated his throne for her love, would marry remained their secret, however. A report in the Southern Dally Echo, a Southampton newspaper, that they might wed oa May 13, s 4— coronation day, was denied by Wind sor's friends, who characterized such a possibility as “fantastic.” The newspaper said it learned “ex clusively from most reliable sources” that a coronation day wedding was being considered, but had not been decided on definitely. The notice was filed in the ordinary way by the solicitors’ clerk. It paved the way for the final step in the ac tion which began at Ipswich last October. There, Mrs. Simpson was awarded a decree nisi, which necessitated a six-month period before the divorce could become absolute. The interim ended yesterday, April 27. The final step will be the routine, formal Issuance of the final decree during a session of the divorce court six days after notice of the applica tion is fllMt M’CARRAN HITS| COURT PROPOSAL, Line-up Likely to Be 10 to 8 Against Measure to En large Bench. SENATE GROUP DECIDES TO VOTE ON MAY 18 Unanimous Consent Given for Comprehensive Ballot on Bill With All Amendments. BULLETIN. Senator McCarran, Democrat, of Nevada, the "balance-wheel'’ member on the Senate Judiciary Committee, announced opposition today to the President's court bill. His action virtually assured an unfavorable report to the Senate on the measure, those close to the committee said. Previously, checks of the com mittee membership had showed it siood 9 to 9 on the bill. McCarran made the tenth adverse vote and assured a report against the bill, provided no one should change. BY G. GOULD LINCOLN. By unanimous consent, the Senate Judiciary Committee today fixed May 18 as the day on which to vote on President Roosevelt's court bill and all amendments thereto. On by unanimous consent. Chairman Ashurst explained, will it be possible for the committee to vote on any amendment or any motion in relation to the court bill until May 18. This seems to postpone for nearly three weeks any test of strength in the com mittee on the President's proposal to increase the number of justices of the Supreme Court. The Senate Committee received to day and placed in its record a letter from Solicitor General Stanley Reed, which defended the President's judici ary proposal. Ten statements on each side of the Supreme Court issue will be printed in the Record. Reed's will be included. Senator Burke, Demo | crat. of Nebraska, an opponent of the President's program, said a large num ber of statements were in the hands of the opposition members of the com mittee and 10 would be selected today ! or tomorrow. When the committee met this morn ing. Senator Logan. Democrat, of Ken tucky asked unanimous consent that the committee vote on all amendments and on the bill on Tuesday, May 11. Senator Borah, Republican, of Idaho and Senator King, Democrat, of Utah, who are opposing the President’s bill, suggested this did not allow sufficient time for the committee. They suggest ed that May 18 be fixed as the voting date. Senator Logan, who is support ing the President's bill, accepted the amendment to his proposal and sub mitted a request for unanimous con sent to vote on May 18. This was ac cepted. The committee then settled down to a desultory discussion of various amendments which have been pro posed. Senator McCarran, Democrat of Nevada explained in some detail his compromise amendment, which would give the President power to in crease the Supreme Court by two addi tional justices. Amendments proposed by Senators Hatch of New Mexico and McGill of Kansas and the Norris bill, each of which would require a seven to-flve vote in the Supreme Court to hold a law unconstitutional, also were discussed briefly. For nearly three weeks the commit tee will meet an hour and a half each day except Saturdays to discuss further the President's bill and amendments thereto. Unless the committee becomes weary of this job and by unanimous consent agrees to vote earlier than (See^JUDICIARY, Page A-27) RETAIL FOOD COSTS HIGHEST IN SIX YEARS Trend to Continue Upward Dur ing May, Agriculture Records Show. By the Associated Press. Federal food experts predicted today the average family will need a little more money in the next few weeks to pay the grocer, butcher and baker. Agriculture Department surveys showed the general level of retail food costs recently has been the highest in six years. The economists said the general trend "will continue slightly upward during May and re main above last year's level.” Supplies of many food products are smaller than a year ago, the econo mists said, chiefly because of the 1936 drought. * The survey said retail food costs are 7 per cent above last year. Only eggs showed a downward trend. 'ifwe.'d HAT)' Fifteen men on the COURT THIS NEVER WOULD HAVE HAPPENED, Assistant Labor Secretary Addresses Chamber of Commerce Session. Edward F McGrady. Assistant Sec retary of Labor, today urged the Chamber of Commerce of the United States to give the Wagner act a chance to demonstrate its possibilities before seeking to change it. Coupled with this admonition was the veiled implication that—if experi ence justified—revision could be con sidered, business now charging the legislation is one-sided. "Let us not forget," McGrady said, “that at the time the Wagner act was written the attitude of at least some management as to the particular sub jects it addressed seemed to be that while there were prenty of duties on the part of labor and rights on the part of management, the reverse of that did not exist. "In other words, the Wagner art Invaded a field so one-sided in its practical application that its principal concern was to strike a new balance and rectify a condition unfair on the other side. Perhaps this whole back ground has now been changed, but in these great fundamental changes we must remember that Rome wasn't built in a day. "There has been no real experience with the Wagner act and that, permit me to say, was not the fault of labor. It was the fault of some management and the lower courts. In almost every conceivable circumstance the lawyers moved in on that law with the result that the ink on it was scarcely dry before the National Labor Relations Board was paralyzed by injunctions on practically every front. It remained paralyzed until by the recent decision of the Supreme Court in the Jones Short Story B-S Financial . A-17 Sports A-14-18 . Lost & Found A-3 Woman's Pg. B-12 Obituary ...A-12 j I FOREIGN. Basque forces at Durango fall back before rebels. Page A-l NATIONAL. Senate committee to vote on judiciary bill May 18. Page A-l Killing of Musick boy described to Senate gToup. Page A-l Administration, leaders seeking ways to curb prices. Page A-l Roosevelt heads for New Orleans and fishing trip. Page A-l McOrady asks trial for Wagner act be fore change is sought. Page A-l "Adjustable” economy measure gets bureau approval. Page A-l President's economy move held bar to flood control projects. Page A-l Denhardt to tell story of tryst from stand. Page A-3 Jury-tampering charge slows up Park er trial. Page A-3 Ohio River Valley flood crest leveling off. Page A-5 Federal corporation licensing bill in dorsed by two witnesses. Page A-8 WASHINGTON AND VICINITY. Keller to Inform House Jefferson Me morial to C06t $5,500,000 page A-l Gambling indictments sought against 100 persons. Page A-l Man missing, two saved in attempt to rescue sheep in flood. Page A-l Flood crest passes, further danger unlikely. Page A-l First trial under S. E. C. act scheduled here. Page A-2 Three Prince Georges areas reflooded by Potomac's backwash. Page A-2 Byrd llentenant honored at National Geographic ceremony. Page A-8 Prominent persons attend Bishop Mc Dowell rites. Page A-12 Dog’s devotion to her master brings near d is taster. Page B-l Capital Auditorium Commission to meet Friday. Page B-l Iekes hits proposed abattoir as "noisome offense ” Page B-l Opponents of new auto tax plans to be heard tomorrow. Page B-l Blackmail trial nears end in District Court. Page B-l EDITORIAL AND COMMENT. Editorials. Page A-10 This and That. Page A-10 Washington Observations. Page A-10 Answers to Questions. Page A-10 David Lawrence. Page A-ll Paul Mallon. Page A-ll Dorothy Thompson. Page A-ll Constantine Brown. Page A-ll Lemuel Parton. Page A-ll SPORTS. Spasmodic play factor in keeping Griffs off stride. Page A-14 Noted men honor G. U. athletes at dinner tonight. Page A-14 Vines, Perry top pro tennis show here tonight. Page A-14 Late start piling up twin bills in big leagues. Page A-14 Farr, now British ring idol, rates title shot. Page A-15 Levinsky takes lacing in London from Doyle. Page A-15 Weak U. S. tennis team picked to beat Japanese. Page A-15 Women's bowling tourney gets under way tonight. Page A-16 FINANCIAL. U. S. bonds improve (table). Page A-17 Power production up. Page A-17 Oil output at new peak. Page A-17 Stocks go down (table). Page A-18 Curb list down (table). PageA-19 Union Pacific net jump*. Page A-19 MISCELLANY. Washington Wayside. Page A-2 Young Washington, Page A-8 Nature's Children. Page B-2 City News in Brief. Page B-ll Shipping News. Page B-ll Vital Statistics. Page B-ll Traffic Convictions. Page B-ll Service Orders. Page B-ll Dorothy Dix. PageB-12 Betsy Caswell. PageB-12 Bedtime Story. PageB-13 Men's Fashions. Page B-13 Winning Contract. PageB-13 Cross-word Puzzle. Page B-l4 LaMar Out. Page B-l* 7T President Goes T o Ncii' Orleans On Fishing Trip W ill Board Potomac Tom or rote Right After Day in City. £j the Associated Press. ABOARD ROOSEVELT TRAIN EN ROUTE TO NEW ORLEANS, April 28. — President Roosevelt traveled across rain-swept Virginia and the Carolinas today toward the warm wa ters of the Gulf of Mexico and his long-planned rendezvous with tarpon. He will embark on the U. S S. Po tomac at New Orleans late Thursday for 10 days of angling of! Louisiana and Texas. He will return to Wash ington May 13. The President told his associates he tSee ROOSEVELT, Page A-4.) ' PLANT AMID HOOTS Ignore U. A. W. A. Pickets’ Cry for Closed Shop in Indiana Rioting. Br the Associated Press. CONNERSVILLE, Ind , April 28.— Eyes blood-shot from lack of sleep, approximately 600 workmen marched from the Rex Manufacturing Co.'s plant here today amid hootr and cat calls of more than 300 United Auto mobile Workers of America who had '■ patrolled outside of the building. Shouts of "We want a closed shop” came from U. A. W. A. pickets. The exodus from the plant was in decided contrast to the hand-to-hand combat last night, in which three men ; suffered injuries requiring medical at i tention. Dozens of other workmen were cut and bruised in the rioting which ! followed the calling of a U. A. W. A. 1 strike. Black eyes and bloody noses | were numerous-. I Elmer Davis, U. A. W. A. organizer. I “ (See STRIKE, Page A-A) WAYS TO CHECK Administration Takes Cue From Roosevelt—Wars on Monopolies. BACKGROUND— Anti-trust laws, first enacted in 1890 and later expanded as Amer ican business showed pronounced trend to bigness, make it criminal offense for companies in interstate competition to establish monopolies or fix prices. Recently, Government considered anti-trust action against steel com panies submitting identical bids on P. W. A. projects, but prosecution was not attempted. Tydings-Mtller bill would relax anti-trust laws to extent of sanc tioning resale contracts in States where legalized. Purpose of con tracts is to prevent underselling by large retail organizations. By the Associated Press. Administration authorities, guided by a restatement of President Roose velt* views, cast about today for new : means to check climbing prices and prevent monopoly. The President, before leaving on a Southern fishing trip, expressed his views in three ways: 1. He advised against speculation in the stock market. 2. He made public a report from Attorney General Cummings saying revision of anti-trust laws was de- j sirable “in the face of the present1 tendency to increase prices.” 3. He wrote Vice President Garner of "the present hazard of undue ad vances in prices,” voicing opposition to a bill by Senator Tydings, Demo crat, of Maryland, to legalize certain price maintenance understandings. Mr, Roosevelt's statement on stock market speculation came as an after math to his recent request that Gov ernment workers should avoid securi ties gambling. Same Views “Since 1927.” Asked whether this advice also was good for the general public, he replied he had been saying so since 1927. Mr. Roosevelt cited a small New York town in which most of the resi dents lost their savings by playing the (See PRICES, Page A-4 ) PRESIDENT SIGNS LARGE NAVY BILL Appropriation Only Slightly Be low Current Year, Which Is Record for Peace. B? the Associated Press. The White House announced today that President Roosevelt signed the *500,000.000 naval appropriation bill for the 1938 fiscal year before leaving early this morning for a fishing cruise in Southern waters. The appropriation was only slightly below that for the current year, which set a peace-time record. It carried *130,000,000 for ship construction and armament, including funds to continue work on two battleships. The money will be applied to 81 fighting ships already building and will permit the laying down of eight more destroyers and four submarines. The act provides *14,000,000 for aviation and authority to enter into contracts totaling *15,000,000 more. This will permit procurement of 397 planes and two non-rigid airships. Jefferson Memorial Cost Likely to Grow, Witnesses Say BY WILL P. KENNEDY. After testimony showing that while the Thomas Jefferson Memorial struc ture and terraces can be erected for $3,000,000 at the Tidal Basin site, in order to get a proper development of the surroundings,, the cost may run up to an additional $6,500,000. Chairman Keller of the House Li brary Committee declared today he felt it his duty to report this to the House for action. Representative Secrest, Democrat, of Ohio moved that before this was done Keller and the ranking Republican member, Representative Treadway of Massachusetts, confer with John Rus sell Pope, the architect, and report back to the committee. When the committee adjourned, no appoint ment had been made with Pope. The hearing is to be resumed tomorrow. jf Arno B. Cammerer, director of the National Park Service, was the prin- I cipal witness today. He emphasized that ihe Tidal Basin site has the full approval of the Pine Arts and National Capital Park and Planning Commis sions and all other officials who con ferred with the Memorial Commission If the surroundings are properly de veloped as a setting for the memorial. It was John L. Nagle, engineer for the Parks Service, who told the com mittee it is impossible as yet to esti mate the costs for proper treatment of the surroundings, but that what is implied in the plans of Architect Pope might cost from $4,500,000 to $6,500, 000 in addition to the $3,000,000 al ready authorized. Cammerer emphasized that in all (See MEMCtftlAL, Page A-2.)“ 15 PCT. RESERVE ON FUNDS GETS PRESIDENT O. K. Resolution to Impound Portions of Appropriations May Wait Till All Bills Are Passed. BANKHEAD REVEALS STAND OF PRESIDENT TO AID CUT Taber Asks Revision of Estimates With Inflexible Method to Keep Budget in Balance in Face of Deficit. BACKGROUND— Determined fight for economy in Federal Goivrnment has developed in recent weeks as tax revenues fell below expectations. House Republicans touched off drive by suggestion of flat 10 per cent cut in appropriations. In Senate. Byrd and Byrnes took up cudgles with proposals for economy through reorganization and through decreased relief appropriations. Principal criticism of flat reduction is that it fails to apply yardstick of need to each item, an objection that might be overcome by Cannon's dis creionary proposal. Br th. Associated Pres., Speaker Bankhead said today he was authorized to state that President Roosevelt favored impounding 15 per cent of all ap propriations for Government departments and agencies for the next fiscal year. A resolution to impound that proportion of appropriations was introduced yesterday by Representative Cannon. Democrat, of Mis souri. None of the 15 per cent would be available for expenditures unless released by the President. Bankhead said he did not believe there would be any immediate action on the resolution. He said he thought it should be deferred until after all appropriation bills have passed. Decimated by Advance of Rebels, They Try to Halt Drive Toward Bilbao. BACKGROUND— The outcome of the Bilbao offen sive has been viewed by some as a probable parallel of the outcome of the protracted Spanish rebellion, in the belief that capitulation of the city would, permit Gen. Franco to withdraw much of his northern army and hurl it affainst Madrid. By the Associated Press. HENDAYE. Franco-Spanish Border. April 28.—Grimly determined Basques j turned a Durango Church into a 1 fortress today in a dramatic attempt to ] stem the march of strong insurgent armies on Bilbao, their regional cap ital. The Basques, members of three deci mated battalions, crammed the Church of Santa Maria in Durango, just 16 ; miles from Bilbao, dragged their can 1 non within the walls and blasted at in i' surgent attackers in ferocious salvoes, i But insurgent advices indicated their stand might be in vain. These reports said the vanguard of one of three in surgent columns which are marching to the sea had encircled Durango and, i already, was hurrying, virtually un opposed, along the broad highway toward Bilbao. Consider Evacuations. In that Basque capital, seat of im portant munitions industries and one of the last government stands on the Bay of Biscay on Spain's northwest ledge, authorities began to consider evacuation of every woman and child. Intense fighting surged around the once peaceful church in Durango. Forces of insurgent Gen Emilio Mola appeared confident they soon would capture the edifice. But the Basques believed a successful defense might save both Durango and Bilbao. Southeast of Durango, on the other side from Bilbao, daring Basque raid ers blew up a bridge and slowed the movement of main insurgent forces into the city. The span was being re paired by Mola's sappers. Ten small towns were taken by the three advancing insurgent columns— Marquina, Echebarria Urbernaga, Bol ivar, Arrozola, Axpel, Apatamonasue rio. Abadiano, Acarror and Bazter rechea. Before they got into the church for their seemingly suicidal stand, the Basques had opposed insurgent con quest of Durango with armored cars. Circling Movement Succeeds. Then, it appeared, some of the in surgents began an encircling move ment to get to the Bilbao highway on the other side of town and to gtarve (See SPAIN,' Page A-4.)~ • "Frankly, if it goes through,” Bank head said at his press conference, "it will be left up to the President to see what savings he can make.” The Speaker said he. too, approved the Cannon proposal. It appears evident, he added, that the President favors it in preference to a horizontal 10 per cent cut in all appropriations as suggested by Senator Byrnes, Democrat, of South Carolina and Representative Taber, Republican, of New York. “It is practically impossible ” th* Speaker asserted, "to provide for an absolute horizontal cut in all appro priations. You just can't do it without injustices in certain spots.” Would Include All Funds. If the Cannon measure went through. Bankhead noted, there would be specific appropriations that could not be touched, such as those for na tional debt retirement, compensation for veterans and their widows and wages of Government employes fixed by law. The Speaker added, however, that Mr. Roosevelt has authority to dis miss "a lot of employes if he thought it necessary.” Asked whether the President could not effect economies now by with holding appropriations from Federal agencies, the Speaker said Mr. Roose velt probably would not be seeking the power now if he already had it. The House Appropriations Commit tee. spurred by the economy demands, cut $18,828,605 today from the Budget Bureau's estimates for the second deficiency appropriation bill. Tha measure carried a total of $79,206,943. Taber, ranking Republican on the House Appropriations Committee, asked that the President revise his estimates of Government expenses in 1938 to balance them with expected income. Mr. Roosevelt said last week the deficit probably would be about $418,000,000. Yesterday House committees ap proved a *25.000.000 increase in the Army's allotment for next year, but rejected a $300,000,000 program for aiding State school systems. The Appropriations Committee, which recommended $416,413,382 for military services in the year begln The Senate Appropriations Com mittee sliced 25 per cent from an earlier $1,655,000 deficiency appropri ation bill affecting the Federal Trade Commission, the Railway Retirement Board and Bureau of Navigation and the Mint. The House already had ap proved the measure. President Roosevelt discussed econ omy efforts at his press conference yesterday. Adivsed of efforts of in dividual Congressmen to Ignore his requests for economy, he smiled and observed it all depended on whose baby had the measles. He said again he believes $30,000,000 will be a sufficient sum for present flood control activity, although de mands for much more are before Congress. He expressed doubt that $25,000,000 could be saved by merging the Home Owners’ Loan Corp. and the Federal Housing Administration, as Senator Byrd, Democrat, of Virginia, sug gested. Opinions in the House on the likeli hood of actually cutting costs ranged from Bankhead's prediction that the aggregate appropriations this session would be substantially less than the President expected, to the comment of Representative Gifford, Republican, of Massachusetts, that talk of reducing expenses Is “just a spasm of economy.” Discussing the Army appropriation, Speaker Bankhead said: “It is unfortunate that we can't re duce all appropriations. But the peo ple are pretty strong for national de fense. That is one thing that can be said in this crisis in international af fairs.” Although the fund suggested for the Army next year is greater than this year's appropriation, it Is $358,079 be low the budget estimate. Boy, in Box, Hart by Car. PHILADELPHIA, April 28 UP).—. Seven-year-old John Johnson was in jured seriously by an automobile that struck a cardboard box in which tha boy was aitting in the street yesterday. The driver said he thought thb- box i was empty.