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* WEATHER. .
(U. B. Weather Bureau Forecast.) T Ull ASSOClEted PreSS Partly cloudy today and tomorrow; not XJ_,1TC, j trr. , much change in temperature; gentle east ana WirepnOtOS winds. Temperatures yesterday—Highest, Slindav Mnminw emrl 81. at 3 p.m.; lowest, 52. at 6 a.m. * morning ana fuii report on page B-3. Every Afternoon. (4*) Means Associated Press. ■ • No. 1,698—No. 34,123. ££■&£ ~ FIVE CENTS TEN CENTS • --- - ~ __ _ _Hi. WASHI^OTOli AND SUBURBS T^T r* RECALL ARMY IN SPAIN, POWERS WARN ITALIANS; JAPANESE GAIN IN CHINA - M ... V Parley Invitation! J Carries Strong Demand. ROME ANSWER IS DUE TODAY — League Refuses to Back Paris and London. BACKGROUND— Presence of Italian “volunteers” on side of Gen. Francisco Franco and large shipments of Italian arms to the Spanish Fascist leader have given insurgents vast ad vantage in recent fighting in Spanish civil war. Britain and France reported threatening to end non-intervention system un less Italy recalls its armed forces. Opening of French frontier to arms and volunteers for Loyalist Spain would provide Valencia government with greatly needed additional strength to meet advancing rebel armies. B> the Associated Press. LONDON, October 2,—Great Britain *nd France flung down the gauntlet to Italy today for the evacuation of Italians fighting in Spain. It was the second time in a month Italy was faced with a strong demand from the two countries for settling a specific and vital issue of the Span ish civil war. , Simultaneously. Soviet Russia in a audden note demanded arms be per mitted to be shipped to the Spanish government and abolition of the en tire Spanish non-intervention scheme, i In Geneva, the League Assem bly failed by two votes to give the necessary unanimous approval to a resolution threatening the end of non-intervention in Spain unless foreign volunteers were withdrawn. Albania and Portugal voted against the resolution and 14 countries abstained.) Britain and France were prepared 4o back their demand to Italy by action—just as at the recent Nyon conference to sweep “pirate” subma rines from the Mediterranean. Warning to Italy Ordered. The British and French envoys in Rome were ordered to warn Italy that the continued presence of Italians in territory held by Insurgent Generalis simo Francisco Franco menaced their interests and increased danger of a , European war. The Anglo-French action was taken with the presentation in a joint note of an invitation to Italy to roach a solution of the Spanish problem in a tri-power conference. British Ambassador Lord Perth and French Charge d'Affaires J. F. Blondel delivered the invitation in Rome today j and discussed the situation for 30 min- i utes with Foreign Minister Count | Oaleazzo Ciano. Strong Representations Reported. Rome advices said it was understood the diplomats each made verbal repre sentations of a "rather strong nature” to induce Italy to join the proposed conference. The Italian answer was expected to be issued tomorrow in a communique. While the invitation was couched In moderate terms, Italy was given to understand that refusal to collaborate with Britain and France would force them to “reconsider their policy to ward Spain” and take action. The first stage of such action, ob servers said, undoubtedly would be the reopening of the Franco-Spanish bor der to the flow of munitions and men. Soviet Rejects Technical Plan. The Russian note, sent to Lord Plymouth, chairman of the 27-Nation Mon-intervention Committee, was a rejection of a plan submitted by tech nical advisers of the committee re cently to rebuild the non-intervention ays tern. aw oniu Wiu uuii-iiiwi ivmiuii patrol ceased to be effective when France and Britain withdrew their warships, following similar action by Germany and Italy, and demanded abandonment of the entire non-inter Vention scheme. Tire note came as a bombshell and *as described by some quarters as "a maneuver to anger Italy.” Italian quarters scoffed at the pro posed tri-power talks and insisted the Non-Intervention Committee in Lon don as the proper place to deal with the Spanish problem. SENT TO LEAVENWORTH former Lieutenant Governor of South Dakota Sentenced. SIOUX FALLS, S. Dak., October 2 (/P).—Former Lieut. Gov. Robert Peter Bon was sentenced today to three years In Leavenworth Penitentiary by Fed eral Judge A. Lee Wyman when he pleaded guilty to falsifying national bank reports. Peterson was formerly president of the First National Bank at Centerville. He served as Lieut. Gov. in 1935-36. He pleaded innocent last January to an indictment charging misapplication and embezzlement of bank funds total ling $112,019. Posses Hunt Killer Suspect. OPELOUSAS, La., October 2 UP).— Sheriff D. J. Doucet of St. Landry Parish reported tonight a Negro shot and killed Town Marshall Gilbert Bur leigh of nearby Sunset today and posses were hunting him over a wide area. The sheriff gave the Negro’s name as Lester Senegal. He said Burleigh arrested Senegal for an alleged auto mobile theft * Shansi Coal, Iron Mines’ Seizure Imminent. _/ TROOPS STORM TAICHOW WALLS Gates Forced Open After Two-Hour Struggle. BACKGROUND— Desire for control of natural resources of China—coal and iron—one aim of Japan in seek ing economic domination of Asiatic mainland. Japan poor in these es sentials of industry, is striving to enlarge its foreign trade, tout must bug raw materials abroad. Re armament program also requires vast quantities of these minerals. Campaign in north has progressed steadily while drive to capture Shanghai has stalled against su perior forces of Chinese defenses. Bjr the Associated Press. PEIPING, October 2.—The richest coal and iron deposits in China were almost within the grasp of Japan to night. •jnpcwicac uinjpa muvcu ^uuuinniu through Shansi province toward them after capturing the city of Taichow by a daring and fierce assault. The wealthy Shansi mines have been guarded jealously for the last 30 years by the famous war lord. Yen Hsi-shan, but he is now enfeebled with age and the invaders expect him to offer no resistance to the seizure of the province and Its treasure. Brave Maneuver Cited. Taichow’s capture resulted from what Japanese militarists described as one of the bravest maneuvers of the North Chin., warfare. Possessing no artillery heavy enough to shatter the city’s wall or great gates, which were still intact after several air raids, the Japanese were compelled to storm the walls with squads of picked men. these sources said. In the face of a hail of machine gun and rifle bullets the Japanese fighters managed to clamber to the top of the walls. From that position they engaged In a two-hour battle with the Chinese defenders entrenched in the streets and on the rooftops. Finally mopping up the area around the main gate with showers of hand grenades, a dare-devil group dropped to the streets and swung open the gate for the army waiting outside. Chinese resistance in the city was quelled as the entire Japanese force stormed into the streets. The Chinese forces withdrew, leaving more than 800 dead, Japanese estimated. Japanese Take Sangyuan. On the eastern front the Japanese captured Sangyuan on the Tientsin Pukow Railroad. They said that the fall of Sang yuan signified the end of Chinese re sistance in Shantung Province and the disintegration of the entire Chi nese fortified line stretching west ward. Foreign observers stated that the mechanized columns of Japan had broken the back of Chinese resist ance north of the Yellow River. Sanctions Appeal Waits. GENEVA, October 2 (/P).—Dr. V. K. Wellington Koo. Chinese delegate to the League of Nations, declared to night that China is demanding that the League take the “maximum prac tical measures against Japan.” He added, however, that direct sanctions against Japan have not yet been asked, and he appeared to be lieve that sanctions are not a neces sary sequel to any possible League verdict declaring' Japan an aggressor. Dr. Koo said the present campaign is restricted to an effort to havi Japan declared an aggressor and to obtain a League ruling that the Japanese blockade of China is illegal. Shanghai Offensive Stalled. SHANGHAI, October 3 (Sunday) W).-—Japan's tremendous offensive by jand^sea and air buckled for the sixth (See PEIPING, Page A-T) WHEELER “UNABLE” TO MEET PRESIDENT An “Important Engagement Makes It Impossible to Join in Welcoming You to Montana.” By the Associated Press. HELENA, Mont., October 2.—An “important engagement” In California will prevent Senator Burton K. Wheeler of Montana from joining Treasure State citizens in welcoming President Franklin D. Roosevelt to the State Sunday. Senator Wheeler telegraphed the Helena bureau of the Associated Press today from Gerber, Calif., saying he was telegraphing his regrets to the President as follows: "I regret exceedingly that an im portant engagement makes it im possible to join with the people of Montana in welcoming you to the State. “I can assure you all the people arc profoundly grateful to you for what you have done and are doing to assist them. “It is my earnest hope that you will be able to tell them that the power development at Fort Peck will go forward immediately, first for the purpose of irrigating thousands of acres of land now in the drought area and second as a yardstick to measure the price that should be charged for electric current in Montana and neighboring Stataa,” Tokio Generals’ Capture,Worth $14.50 in China Bounties Range Up to j $14,300 for Major Warship. By the Associated Press. TOKIO, October 2.—The current Chinese quotation on a live Japanese general is $14.50, Japanese military authorities report. They said their Information came from a Chinese government "price list” found on a prisoner taken in the Shanghai fighting. It purported ly itemized the price to be paid for the capture of everything from a Japanese rifle to a Japanese warship. The quotations in United States cur rency: For capturing a private, $5.80: an officer, $8.70; a general. $14.50; a spy, $14.50; a rifle or pistol, $1.45; a tank. $145: an airplane, $290; a heavy machine gun, $23.20, and a de stroyer, $2,900. The biggest catch of all is a ma jor warship. Chinese authorities promised to pay their men $14,500 for the capture of one, the Japanese said. Japanese authorities quoted the Chinese prisoner as saying, "It's nice work If you can get it.” Governing Heads of One Political Bosses of An other Ousted. BACKGROUND— Soviet purge of alleged, wreckers and Fascist spies has proceeded with acceleration in recent months, assertedly in preparation for com ing secret balloting under recently adopted ,democratic constitution. Orgy of shooting, at first confined to high officials of the U. S. S. R. and constituent republics, now reaching into lower ranks. Reports of executions mingle with rumors of widespread resentment of speed up under ambitious Soviet five year plans. P» the Associated Press. MOSCOW, October 2.—High offi cials of one Asiatic republic and po litical bosses in another were dis closed toda.. to have been removed from their posts in a drive against al leged widespread separatist move ments. The Staiinbad publication, Tadjikis tan Communist, reported President Shirinsho Shotemor. Premier Abdullah RakhimbaiefT and three commissars J of the republic were deprived of office. Tadjikistan borders on Afghanistan. The premier was accused of being a spy of "a foreign Fascist country,” while the president was charged with protecting government employes who were spies. I Commissars of justice, education and light industry were removed as “bourgeois nationalists” who let in dustry lag or allowed anti-Soviet na tionalism to be taught in the schools. The Tashkent publication. Truth of the East, reported the removal of Akmal Ikramoff as secretary of the Communist party's Central Committee in Uzbekistan, where he was a ijoliti cal chieftain. Israel Artvkoff, secre tary of the Comsomol, also was re moved. The actions in the two republics brought almost all the autonomous republics which fringe the Soviet Un ion frontier within the scope of the drive against "enemies” of the nation. Executions meanwhile were reported from various places in the provinces. rails 7 Floors, Lives. ST. PETERSBURG, Fla., October 2 (/P).—Milton O'Neal, 200-pound paint er. escaped with a broken leg and bruises in a seven-story fall from the roof of a hotel today. A tile ledge deflected him from the pavement to grass. ---\ Boycott Fight W ill Hit India, Japanese porn Nipponese Students See Reprisals Against England. B» the Associated Press. LONDON, October 2—A' small group of Japanese students today warned British who deplore the bomb ing of China and urge a boycott of Japanese goods that Japan can strike back at Britain through India. The students’ letter to Lord Meston, president of the Liberal Party organi zation, cited ‘‘the hold which Japanese merchants have on trade in India” and said "any attempt to quarrel with Japan will have only the effect of intensifying the present • fierce com petition in India to the certain detri ment of Britain.” Lord Meston in a new appeal urged the British public to support the gov ernment in any action it may take to er.d Japanese "outrages.” The executive committee of the Na tional Union of Teachers, which has a membership of 150,000, passed a resolution declaring it "trusts the British government will do all in its power to prevent the continuance of such (Japanese) aggression." * J> nSmm\ more V oTHAT t SUPREME COURI SI I Action on Case Challenging Black Must Go Over to Next Monday. BY JOHN H. CLINE. Tlie nine Justices of the Supreme Court will assemble at noon tomorrow for the opening of a new term which will bring up for their consideration a number of cases vitally affecting the legislative policies of the New Deal First on the court's calendar, how ever, from a standpoint of public interest, is a petition contesting the right of the newly appointed Associate Justice Hugo L. Black to take his seat. This petition, which presents to the court involved legal questions and delicate political considerations, will not be acted on tomorrow. However, it will be considered during the week, and either denied or granted next Monday. If it is denied, that will be the end of the matter, but should the justices vote to hear the case, they will have to set a date for argument of the ques tions involved and ultimately rule on their associate's legal qualifications. Klan Issue Not Involved. This petition does not attack Jus tice Black on the ground of his ad mitted former membership in the Ku Klux Klan, and it was considered unlikely that the Klan question will be presented to the court in any form. A total of some 450 cases are await ing action during the term. Of great est interest are disputes involving the legality of sit-down strikes, the con stitutionality of Government loans and grants for construction of publicly owned hydro-electric plants, several new challenges of the Wagner labor relations act and the validity of the 1933 "truth in securities” act, and the 1936. legislation broadening Federal regulation of commodity exchanges. Cases involving constitutionality of the Tennessee Valley Authority pro gram and the public utility holding company act are coming up from the lower courts and probably will be de cided by the high tribunal this term. Cases Test New Deal. The attention of the country will be focused on the rulings in the New Deal cases for an indication as to whether the court will adhere to the liberal interpretation of the Constitu tion adopted at the last session, when the Roosevelt administration emerged victorious in every major case. Those rulings, particularly the ones on the Wagner act and the social security act, dealt a devastating blow to the President's hopes of adding six new justices to the court. To accomplish this, however, the court had to alter its former attitude on vital constitu tional questions and grant to the Fed eral Government, powers it never en joyed before. In the long run. this < See COURT, Page A-7.)-' I----1 Sports Results Nebraska's thrilling 14-9 vic tory over Minnesota featured a? sensation-studded sports world yesterday, which found Maryland the only loser among local col leges, the Terps dropping a bit terly fought 28-21 game to Penn sylvania. Hal Price Headley's Menow established a world record in winning the forty-eighth run ning of the rich Belmont Futurity for 2-year-olds at Belmont Park, covering the 6’,4 furlongs in 1:1514 to clip 1 Vs seconds off the mark made by Pompoon last year. In the local foot ball realm. Catholic University defeated Loyola of the South, 1V-0; Georgetown swamped Shenan doah, 38-0, and American Uni versity trounced Bridgewater Col lege, 13-0. Other leading scores: Washington, 7; Southern Cali fornia, 0. Oregon, 7; Stanford, 6. Texas Christian, 7; Arkansas, . 7. Ohio State, 13; Purdue, 0. Princeton, 26; Virginia, 0. Army, 21; Clemson. 6. Texas A. and M., 14; . Manhat tan, 7 Navy, 32; Citadel, 0. Pittsburgh, 20; West Virginia, 0. Cornell, 40; Colgate. 7. Other sports news will be found an Pages B-8 to 13. I Quick Divorces Thing of Past, Justice 0'Do noghue Decides Discontented Wives and Husbands Will Have to Wait at Least a Year and a Half. BY WILLIAM S. TARVER No longer will discontented husbands and wives be able to obtain divorces in uncontested cases here in a month or six weeks. With the opening ol the Pail term of District Court Tuesday, a new procedure will go into effect that will compel parties to divorce litigation to wait at least a vear and a half for their freedom. In the past, uncontested divorce cases have been heard by indulgent judges whenever they had a few min- < utps to spare between their cases. In this way. 1,030 cases of this kind, which were never even calendared, were disposed of last year. Must Await Turn. Justice Daniel W. O'Donoghue has ordered, however, that uncontested | cases must await their regular turn > Since the equity calendar is about 17 j months behind, this means divorce suits must wait at least that length of time before they can be heard, re gardless of whether they are con tested by the other spouse. Last year. 1.100 uncontested divorce ; cases were disposed of and 300 more I were carried over to this year’s cal endar. Only cases are placed on the ! calendar each year which are ready | for trial as of August 31. Cases filed : after that date are carried over to the 1 following year’s calendar. Heretofore, j | however, an exception was made for j j uncontested divorce cases and those j filed during the current year were i heard as soon as a judge could be 1 found w’ho had a few minutes to! , spare, since an uncontested case ordi- i narily takes not more than five or ten minutes. Docket Congested. The Fall term this year in all divisions of the court will open with the most congested docket in recent years. Due to the great number of lengthy cases heard last year and the year before in the civil courts, both the law and equity dockets have lost ground, the law calendar being 18 months in arears. On the equity cal endar are 1,077 cases, and on the law calendar 1.033. representing an in crease over last year of 200 in equity and 150 in law. Should these be 1 disposed of before next July 1, addi j tional cases will be added. Assignment of Judges. The justices assigned to the law courts for the Fall term are James M. Proctor. Oscar R. Luhring and F. Dickinson Letts. On the equity side are the chief justice. Alfred A. Wheat; Peyton Gordon and Jennings Bailey. Justice O’Donoghue will preside in Motions Court and Justice Jesse C. Adkins in Criminal Division No. 1, and Joseph W. Cox in Criminal Di vision No. 2. Indictment last Spring of 124 al leged gamblers and Dolicemen ’ has caused a serious congestion in the ; criminal docket, and there is a possi bility that an additional justice may i be taken from the civil courts and | assigned to criminal work. A total of 469 criminal cases are | pending. These include 100 gambling I cases involving 247 defendants. United | States Attorney ^Leslie C. Garnett indicated that if it is at all possible, trial of the gambling cases will be started before the end of October. 3 SISTERS DIE IN CRASH Fourth Seriously Hurt as Auto Tumbles Off Road. EAST BURKE, Vt., October 2 (A>) An automobile left the road at the foot of precipitous Burke Mountain today, killing three North Andover, Mass., sisters and sending another sister to a hospital seriously injured. State Motor Vehicle Inspector Nor ton Fitzsimons identified the dead as Misses Mary, Jennie and Alice Keefe. / Seriously Injured were Helena Keefe, North Andover, Mass., school teacher, and Elizabeth Burke, Lawrence, Mass. DERELICTS OF WAR Shanghai Streets Overrun With Orphaned Children. SHANGHAI, October 2 <>P).—China’s “forgotten children” — hundreds of famished, dirty, half-naked war or phans—are roaming the streets and alleys of Shaighai. Animal-like they dart about, spend ing their days in an endless hunt for food. At night they flock to refugee camps, hide in alleyways, or seek shelter in empty garbage cans or dry goods boxes. Unluckler ones curl up to rest In gutters or doorways. Residents Wade in Flood From 22-Hour Tropical Downpour. B» the Associated Press. NEW ORLEANS. October 2.—New Orleans residents waded today in a flood from rain caused by two tropi cal disturbances that merged in the Gulf of Mexico. Every section of the city was af fected. Water stood from a few inches to 4 feet deep in some streets. Precipitation of more than 13'2 inches was measured by Weather Bu reau observers within 22 hours ending at 1 p.m. In the afternoon the downpour slackened into a drizzle and hope was expressed that the city’s big pumping system, designed to lift waste water into the nearby Mississippi River levees, could clear the streets within a few hours. Thousands of persons were ma rooned in home or offices. Damages ran into thousands of dollars. A tide several inches deep swept into famous Canal street, heart of the business district, and sandbags were placed in the doors of stores to keep the water out. Transportation and telephone serv ice was demoralized. The police switchboard went out of commission. Some streets built of heavy wood blocks almost floated away. Hundreds of motor cars were stalled. The rain was the heaviest since the Good Friday deluge of 14.1 inches in 1927, which flooded the city with con siderable damage. The foot ball field at Tulane Sta dium. in the uptown area, went under 3 feet of water and a scheduled game between Auburn and Tnlane was post poned until 2:30 p.m. Monday. The Weather Bureau estimated the Gulf disturbance was qentral 150 to 1T5 miles south southwest of New Or leans at 1 p.m. (C. S. T.) and that its rate of movement was 12 miles an hour to the northwest Highest winds reported from the storm area were said then to be 30 miles an hour. W. R. Stevens, assist ant forecaster, said there had been no increase in intensity. GIVES UP HURRICANE HUNT M. I. T. Researcher Turns Balloons Loose on Smaller Game. RALEIGH. N. C.. October 2 (*>).— Chris Harmantas, research associate at Massachusetts Institute of Tech nology, abandoned his hurricane hunt today and turned to smaller game. For the last three months Har mantas has been waiting at the Weather Bureau here for an oppor tunity to "stalk” a tropical hurricane. No hurricane came, so this after noon he released a number of small, hydrogen-filled rubber balloons to which weather recording instruments were attached. He said he hoped to find out how the tropical rainstorm centered near New Orleans, La., would affect the upper air over this area. "When we set up our equipment we realized there was little chance of getting a hurricane,” he said. “Our equipment is such that it cannot be saved for use another year. So it was decided to use it on the next best thing—a tropical rainstorm.” The balloons, Harmantas said, would ascend to a height of from 50,000 to 100,000 feet. Attached to each in strument was notice offering a reward for its return to the Raleigh Weather Bureau. -+ - ■ — Radio Programs, Page F-7. Complete Index, Pare A-S. * IN VOTE DEMAND; NIT BUDGET PLAN Emotions Run High as Fed eration Delegates Flay Continuing Levies. REVISION OF DISTRICT’S PAROLE SET-UP PUSHED Suffrage Supporter* Beat Down Suggestion to Delay Action on Petworth Proposal. Threatening a revolt against taxa tion without representation, delegates to the Federation of Citizens’ Associa tions last night agreed to make a fight for local suffrage, reiterated their stand for District representation In Congress, and gave warning of de mands for a reduction of the local tax load. In a lengthy session. In which emo tions at times ran high, the federation heard delegates denounce the Com missioners for planning a $50,000,000 budget for fiscal 1939. which would call for continuation of the $9,000,000 in crease in levies, but the body withheld formal action on this point. President Thomas E. Lodge, how ever, announced that he already had i advised the Commissioners the federa tion would oppose extension of the high new taxes and would urge a re duction of budget estimates to make a tax cut possible in the next fiscal J . Parole Revision Asked. Earlier in the federation's first meeting of the season, the body rec ommended that Congress make drastic revision of the District's parole plan, to bar the release of second offenders convicted of felonies and to ban the granting of parole to persons con visted of sex offenses involving violence. Acting on a report by David Babp, chairman of the Committee on Local Suffrage, the federation adopted a simple recommendation from the Pet worth Citizens’ Association declaring that it favored "local suffrage." It did not state the details of the plan, as to whether there would be election of all municipal officials and mem bers of boards, but there was a pro tracted fight over this point. Supporters of the move beat down suggestions from several members to have action delayed until the 65-odd neighborhood associations could pass on the plan. William McK. Clayton, veteran civic leader and past president of the federation, protested that Congress last session "was absolutely indiffer ent" to the views of Washington taxpayers and went ahead to adopt a tax increase program "that has proved absolutely unworkable." “Lack of Courtesy Hit." “Members of Congress, at times, showed not only a lack of apprecia tion of the proper form of a tax system, but at times even showed lack of even courtesy to spokesmen for the tax-paying public," he declared. “They were absolutely indifferent to us, yet our American Government is supposed to be the rule by the majority." The same thread was picked up by Harry S. Wender, delegate from the Southwest Citizens’ Association, who said that while the federation represents the largest cross section of the Washington public, "some Congressmen from Pohunk would say to its spokesmen: "Who are you, from whence do you come, and why are you here’ ”? Marvin M. McLean of the Brookland association, while championing the national representation movement, said he was opposed to election of District officials, protesting that about half of the Federal employes in the District hold voting residence ‘'back home” and would not give up that privilege just to vote for local officials. Numerous other delegates attacked his position, among them Harry N. Stull, Stanton Park delegate, who I challenged any taxpayer to say that i the Commissioners, if they had been elected, would have planned a $50, 000,000 budget, requiring a continua tion of the $9,000,000 new tax load. Single Issue Presented. Previously, the federation had re peated its demand for national rep resentation. on motion by Miss Etta Taggart, and a number of delegates insisted the movements for suffrage in both local and national afTairs constituted a single issue. During the debate, Wender and other members voiced resentment of appointment of persons to District jobs because they had the sponsorship (See FEDERATION. Pagc A-7.) RUSSIA ADDS TO PLANES HUNTING LEVANEFFSKY Four 4-Motored Ships Ordered to Leave Moscow Shortly—One Bought for Wilkins. By the Associated Press. MOSCOW, October 3.—Soviet Rus sia today announced an increase in its fleet of planes scanning the frozen wastes under a pale Arctic moon for the national hero, Sigismund Leva neffsky, who, with five companions, disappeared after making a radio re port on August 13. With the approach of the polar night, the government ordered four four-motored planes to leave Moscow within a few days, under the command of the polar flyer Ivan Chukanovsky. Two other search planes and three planes for weather observation work will be sent to Rudolfs Island by boat. The announcement said a plane equipped with skis will be purchased for Sir Hubert Wilkins to continue his search. Sir Hubert returned to the United States September 35 after making five flights over Arctic wastes. 1 Interest Turns to What He May Say of Justice’s Klan Admission. REPORTED DISGRUNTLED; SEVERAL COURSES OPEN Alabaman Takes Seat Tomorrow. Court Must Settle Point Over Appointment. BACKGROUND— Hugo Lafayette Black was nom inated to Supreme Court by Presi dent Roosevelt to succeed Justice Willis Van Decanter, retired. Con sistently on the liberal side during his more than 10 years in Senate, Black was confirmed promptly, de spite intimations he had belonged to the Ku Klux Klan. After publi cation of documented charges that he was Klansman, Black remained silent until Friday night, when he said he formerly belonged but had resigned. BY G. GOULD LINCOLN. What comment, if any, will Presi dent Roosevelt make on the admission of Justice Black that he once was a member of the Ku Klux Klan? Now that Justice Black finally has broken his silence on this questio and entered a defense against the charges brought against him, political Washington's interest has turned to what the President may say. The Chief Executive, soon after th® published disclosure two weeks age that Black had been a member of tr® Klan, issued the following formal statement: “I know only what I have read in the newspapers. I note that the stories (about Justice Black) are running serially, and their publication, is not complete. Mr. Justice Black is in Europe where undoubtedly he can not get the full text of these article?. Until such time as he returns there is no further comment to be made.” This statement was interpreted a meaning the President had no knowl edge of Justice Black's having ever been a member of the Klan. If Mr. Roosevelt is satisfied with Friday night’s radio speech by Justice Black he may say he would have made the appointment had all the presently known facts been before him. Political Repercussions. As the situation now stands, the President did nominate a former mem ber of the Ku Klux Klan to th® Supreme Court. Whether this will have any political repercussions, it is too early to say. The very evident desire of Justice Black himself is that, with his state ment declaring his tolerance and abandonment of the Klan, the issue will be forgotten. This is the desire, too, of New Deal leaders. From the start of the dispute over the Black appointment and the Klan charges, it has been the hope that the matter would blow over. Judging from the reaction to the address, coming from Democrats as well as Republicans and from the press generally, the Black appointment issue is still flaring brightly. One probable result from Justice Black's statement, in the opinion of observers here, is that any attempt to revive the court bill and to give the President power to increase the membership of the Supreme Court will meet with stronger opposition than ever. Assume* Burden oi Aiiacns. Justice Black, who takes his seat on the Supreme Court bench for the first time tomorrow, has assumed the whole burden of the attacks because of his Klan membership. He did not say, or hint, that he had given any informa tion regarding his Klan membership to the President before he received his appointment or while his nomination was before the Senate. Democratic Senators, like Walsh of Massachusetts, who now attack the Black appointment and say he should not remain on the bench, insist the President never would have appointed the Alabama Senator if he had known Black was a former Klansman. Mr. Roosevelt has before him several courses from which to choose. He may decline to say anything. He may say that in the light of the Black statement, he would have appointed (See~BLACK,- Page ~A^16.1 Priest Believes 1870 Act Would Be Bar to Black Loyola Professor Cites Klan Membership Admission. B: the Associated Press. NEW ORLEANS, October 2.—A Jesuit professor of constitutional his tory at Loyola University of the South today cited a Federal statute which indicates, he said, that former mem bership in the Ku Klux Klan bars Associate Justice Hugo L. Black from "any office or place of honor, profit or trust created by the Constitution or laws of the United States.” Rev. C. C. Chapman, S. J., said the statute is section 19 of the United States criminal code, originally en acted in 1870 and re-enacted without change March 4, 1909. He asserted Justice Black's admitted former membership in the Klan made him guilty of "conspiring to injure, oppress, threaten and intimidate citi zens in the free exercise of their con stitutional rights,” and that the statute specifies a fine of not more than $5,000 or imprisonment of not more than 10 years for violation. It has been used many times as a aafeguard to civil rights, Father Chap man said. ft