Evening star. [volume], November 08, 1937, Image 1

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

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* WEATHER. k f -
<U. 8. Weather Bureau Forecast.) I Wfl
as.. Cloudy and warmer tonight followed by I /^N The Only evening Paper
rain late tonight and tomorrow; lowest ■ . , ^ e. J • nr-.i:* _®., •£ V,
temperature tonight about 54 degrees; , B A# VVaSPingtOn With the
colder tomorrow. Temperatures today— ■ ■ ■ Associated Press News
Highest, 72, at 2 p.m.; lowest, 47, at 6 jm ■ ■ q_j w* , . c
a.m. Puii report on page A-i2. (I B^ snd Wirephoto Services.
Closing New York Markets, Page 18_ SCTft™ 137,694 153,390
f.. ■■ "■ . ■" - ■ - (Borne returns not yet received.)
85th YEAR. No. 34,lo9. p0st office, Washington, p. c.WASHINGTON, D. C., MONDAY, NOVEMBER 8, 1937—THIRTY-SIX PAGES. *** on ivuana Aaaeciatad prea». TWO CENTS
■ ALLIES OF FRANCE
ON ANTI-RED PACE
4 Effects Will Be Discussed
With Little Entente
► and Poland.
BID TO CZECHOSLOVAKIA
TO SIGN TREATY LOOMS
9 ———————
Warsaw Adherence to Italo-Reich
Japanese Agreement Also
Seen a Possibility.
BACKGROUND—
German-Japanese agreement to
fight Communist International by
co-operative police action broad
ened to include Italy Saturday
with signing of protocols in Rome
to make II Duce’s government a
full-fledged member of the entente.
Rome Fascists declare agreement
has under implications than the
struggle against Communism, and
cite the combined naval and mili
tary forces of the three nations
„ as the effective strength of the
combination.
By the Associated Press.
PARIS, Nov. 8.—The foreign office
disclosed today that Foreign Minister
Yvon Delbos has completed plans to
visit Poland and the Little Entente
nations to discuss the effects of the
•nti-Communist pact signed Saturday
by Germany, Italy and Japan.
He will leave, it was said, as soon
as the Brussels conference on the Far
, Eastern conflict ends. This will be
the first visit of a French foreign min
ister to France’s Eastern Europe allies
since the late Louis Barthou made
| his trip in April, 1934. Yugoslavia,
Czechoslovakia and Rumania make up
the Little Entente.
Reports here mentioned the pos
sibility of Poland joining the anti- j
Communist pact.
Bid to Czechoslovakia Seen.
It also was reported in diplomatic
Circles that Germany soon would ex
* tend an invitation to Czechoslovakia
in the belief that the nation which
the Nazi-Fascist press calls “the
advance post in Europe” would be
forced to join in the agreement or be
branded as a Communist ally. Re
fusal to join would give any German
intervention in Czechoslovakia the ap
pearance of self-defense.
Diplomatic circles said France would
try to strengthen her friendship with
the United States and .Great Britain
because of the pact.
• It could cover “almost anything,”
a foreign office spokesman said, and
added that France would follow a
wait-and-see policy.
“We can’t tell how strong the pact
Is until we see how it operates,” the
spokesman said.
Some diplomatic quarters held that
France planned to point out to the i
United States the danger of the agree
ment splitting the nations of North
and South America into opposite
* camps—(if the anti-Comintern na
tions sought co-operation from Latin :
American nations).
Ir One of the foreign office’s biggest
, worries was Yugoslavia’s reaction. The
newspaper of Premier Milan Stoyadi
novitch commented favorably on the
agreement, leading to French fears
that the Little Entente alliance with j
France might be shattered. Officials !
also expressed fear Germany might
attempt to intervene in Czechoslovakia.
. Despite the assurances of Count
Galeazzo Ciano, Italian foreign min
ister, that there were “no secret aims”
to the pact, reports persisted in both I
the French press and diplomatic quar
ters that there were secret military
clauses. This belief was strengthen id
by the joint maneuvers of German and i
Italian warships in the Mediterranean.
Russians Ask Explanation.
ROME, Nov. 8 i/Ph—The Soviet Am
bassador asked Italy today to explain
the anti-Communist pact which Italy
, signed Saturday with Japan and
Germany.
Russian quarters said they expected !
Moscow to react against the accord
and hinted that Russian oil supplies
now sent to Italy might be stopped.
In a strange aftermath to signing
of the pact, Japanese Ambassador
Masaaki Hotta and German and
Italian diplomats yesterday attended
the Soviet Embassy’s reception in
honor of the twentieth anniversary of
the Bolshevist revolution.
■ ..•— - ....
. TELEVISION RECEIVER
ON SHIP IS SUCCESS
Pictures Broadcast to Liner “Ex
traordinarily Clear,” Cap
tain Beports.
By the Associated Press.
NEW YORK. Nov. 8.—Successful
reception of television broadcasts by
a liner at sea was reported today by
Capt. A. T. Brown of the Cunard
White Star liner Britannic.
Capt. Brown said the experiments,
believed the first of their kind ever
attempted, were performed October
30, 30 aqd 31, after the ship sailed
from London.
The experiments were conducted
by engineers of the British Broad
« casting Corp., who set up their re
ceiving equipment in a vacant cabin.
Capt. Brown said the Britannic, until
It left the English Channel, was
never more than 30 miles off shore.
“The pictures were extraordinarily
clear and the sound was perfect,” he
aaid.
“They broadcast special programs
» from Alexandria Palace, in London,
and the reception on the ship seemed
excellent.
“The pictures were reproduced on
ML. a screen about 10 by 12 inches. It
w*s as distinct as if they'd been send
ing it frqm the next cabin."
A
Missing Boy's Body Is Found
In Shallow Creek Near Home;
24-Hour Virginia Hunt Ends
^ | | . ---ii mm ■■ —
WILLIAM HERSHBERGER.
By J. A. FOX.
Stall Correspondent or The Star.
WARRENTON, Va., Nov. 8.—the
24-hour search for 2-year-old Wil
liam Thomas Hershberger ended this
afternoon when his body was found in
a shallow creek where he had drowned
within sight of his home.
While hundreds of men and boys
were searching miles of woods in the
vicinity of Opal. 7 miles south of here,
where the child’s pa rents reside, D. E.
McClanahan, a Winchester truck
driver, who was walking along the
branch, saw the body half hidden by
tangled honeysuckle vines. His shout
brought other searchers to the scene
and the little body was pulled from
the water.
The child was in the habit of cross
ing the brarfch to visit his grand
parents, Mr. and Mrs. Thomas Ryan,
who live on a farm adjoining that
of the child’s parents, Mr. and Mrs.
John D. Hershberger.
Apparently the child had slipped
in crossing the branch, which is a
little more than a foot deep at that
point, and, becoming entangled in
the heavy growth of honeysuckle vine,
he had drowned before his absence
from home was discovered.
The child's father was at the scene
when the body was recovered and was j
led away by friends to the mother, j
who already had been advised of the 1
discovery.
In the 24 hours since the child dis
appeared yesterday morning, search
ing parties have covered every foot
of the woods in the vicinity of the
Hershberger home and several times
(See MISSING-BOYTPage A-57)
SJOO JAPANESE
IN DANGER OF TRAP
Chinese Counter-Attack
Against Move to Ring
Shanghai.
BACKGROUND—
Siege of Shanghai, now nearing
end of third month, with large
portion of city still in hands of
Chinese, but with Japanese forces
gradually forcing them, to forsake
second line defenses on Soochow
Creek running west of Interna
tional Settlement and French con
cession. Japanese attempting to
encircle Shanghai with force of
25,000 landed at Hangchow Bay,
south of beleaguered city. Capture
of Taiyuanfu, in North China, re
ported.
By the Associated Press.
SHANGHAI, Nov. 8.—Chinese de
clared tonight they had launched a
counter-offensive to isolate a Japa
nese force south of Shanghai, esti
mated at 25,000 men, from its landing
base on the seacoast. Severe fighting
broke out both south and west of
Shanghai.
More than 200 passengers were
killed or injured, the Chinese ministry
of railways in Nanking said, when six
Japanese planes destroyed seven
coaches of a southbound Tsinan
Pukow express train at the Sishihpo
station about 150 miles northwest of
Nanking. The ministry declared the
train carried no troops.
In Chekiang Province, to the south
of Shanghai, Chinese declared they
had repulsed a surprise Japanese
thrust toward Shanghai from the
Hangchow Bay area.
Japanese reported advances south
of Soochow Creek, on the western
edge of Shanghai’s International Set
tlement.
Chinese reinforcements rushed to
Sungkiang, a vital point in the Chi
nese defenses against which one of
three Japanese columns was striking
from the south.
»aiiguara rorcea owl.
Another Japanese column, Chinese
army communiques reported, was held
on the far side of the Whangpoo River
from Shanghai when Chinese defend
ers forced a vanguard back across the
stream at Minhang, 15 miles south
of Shanghai.
Chinese asserted that not only were
their positions on the north side of
the Whangpoo secure against the
Japanese offensive but also that the
attackers were in danger of being cut
off from their shore base by a Chinese
flanking operation.
Some Japanese officials said a fly
ing column severed the Hangchow
Shanghai Railroad near Sunskiang,
but the official Japanese spokesman
tonight said he had no authoritative
reports. The railroad is a main chan
nel of Chinese communications from
Shanghai to the southeast.
Chinese units from the Kashing
Kashan area, about 45 miles south
west of Shanghai, were reported to
have routed Japanese from Chang
yen.
On the front south of Soochow
Creek and west of Shanghai’s French
Concession, Japanese asserted that
4,000 Chinese were retreating under
intense aerial and artillery bombard
ments from the area between St.
(See SHANGHAI, Page A-4.)
Sentenced for Espionage.
MARSEILLE, France, Nov. 8 (IP).—
A military court today sentenced Vic
torian Mao and his wife to 10 years in
prison for espionage, and to exile from
France for 20 years after the sentenoe
has been served. Laurent Galangau
and his wife were sentenced to five
years as accessories.
\ *
!_
Distribution by Christmas
Seen by O’Connor as Pe
. tition Is Filed.
BACKGROUND—
Settlement of Fidelity Building
<fr Loan Association affairs has
been hanging fire for more than a
year, negotiations for sale of its
assets to new First Federal Savings
& Loan Association apparently be
ing deadlocked several times before
agreement finally was reached.
Fidelity closed its doors in July,
1936.
Distribution of an 85 per cent divi
dend to shareholders of the closed
Fidelity Building and Loan Associa
tion before Christmas, either In the
form of cash or in shares of the new
First Federal Savings and Loan As
sociation, was predicted today by Con
troller of the Currency J. F. T. O'Con
nor.
The controller made his announce
ment in the form of an official state
ment after the receiver, James H.
Nolan, had filed a petition in District
Court submitting a proposed sale of
assets of Fidelity to the new First
Federal. Justice Daniel W. O’Donog
hue, at the request of Mr. Nolan's at
torneys, fixed November 22 as the re
turn date for hearing and considera
tion of the sale.
"If and when the sale is approved,”
the controller said, “immediate steps
will be taken to complete the trans
action, and it is anticipated that
within a few days after approval by
the court the 85 per cent dividend to
the shareholders will be available for
distribution. The 85 per cent divi
dend, under the proposed contract,
will be payable either in shares of cor
responding amount in the new asso
ciation or in cash, at the option of
the shareholder.”
v vuimui ricuen rcrsonui;.
Mr. O’Connor expressed his per
sonal gratification over the successful
conclusion of long-drawn-out nego
tiations in the Fidelity case. Ampli
fying his formal statement in an in
terview, the controller said that un
less the proposal were blocked some
how in the court from some source of
which he had no kiowledge, there
would be no question but that the
dividend could be distributed before
Christmas.
“The completion of this sale,” said
Mr. O’Conner's statement, “will be
the culmination of serious and earnest
efforts to work out a solution of the
problems presknted by the receivership
of the old association, and it has
been made possible by the hearty and
generous .co-operation of the Federal
Home Loan Bank Board and the rep
resentatives of the new First Federal
Savings & Loan Association of Wash
ington.
"Upon the approval of the sale by
the court, all shareholders will be
notified and instructions will be issued
concerning the distribution of the pro
posed dividend.”
Setting of November 22 as the re
turn date was suggested by Qeorge P.
Barse, general counsel of the Treasury
Department’s Division of Insolvent
Banks, who told the court “there may
be some objection to the sale.”
The reorganization of the old Fi
delity by means of the sale to the
First Federal of its assets has been
approved by the controller of cur
rency and the Federal Home Loan
Bank Board, through whose facilities
the First Federal was formed.
Shareholders in the new institution
will be insured up to $5,000 for each
Investor by the Federal Savings and
Loan Insurance Carp.
L I
PRESIDENT CALLS
AIDES TO DISCUSS
BUDGET AND RELIEF
Hopkins and Economists
Will Meet Today at
White House.
VIEWS OF CONDITIONS
SOUGHT BY ROOSEVELT
Determined No One Shall Starve.
Conference One of Series
Planned in Winter.
By J. RUSSELL YOUNG.
President Roosevelt called Harry
Hopkins, Public Works Administrator,
and economists from three Federal
agencies to the White House this after
noon for a discussion of general eco
nomic conditions and their relation to
the budget and unemployment relief.
Leon Henderson, chief economist of
the Works Progress Administration;
Isador Lubin, chief economist of the
Labor Department, and Lauchlin Cur
rie, chief economist of the Federal
Reserve System, were to join Mr. Hop
kins in the President's office.
In announcing the conference, It
was said at the White House that Mr.
Roosevelt has been making an in
tensive study of economic conditions,
particularly since the recent stock
market collapse, and his purpose in
talking with the economists today is
to obtain their first-hand opinions, as
well as interpretations of figures and
statistics.
The President intends to obtain
from the economists their viewpoints
on both the present situation and on
what may be anticipated in the near
future, particularly regarding the
business situation and the needs for
relief.
Considers Study Essential.
The President has let it be known
he considers this study essential in
shaping his budget estimates for next
year, as well as working out a general
economic program for his admin
istration.
According to the White House, to
day's conference is one of a series to
be held throughout the winter.
Realizing that Winter is nearly
here, and that it will bring much
human suffering the Pr^siriont is
determined to continue his policy of
“no one shall starve.”
Today’s conference is the result of
a conference recently held by the
President with Mr. Hopkins at Hvde
Park, where the P. W. A. administra
tor presented figures and facts deal
ing with the aconomic situation which
greatly aroused the President’s In
terest.
Learning from Mr. Hopkins that these
figures and facts were produced by W.
P. A. statisticians, the President de
cided it would be well for him to talk
personally with these experts, as well
as economists from other branches
of the Government.
Preparatory to meeting with the
economists this afternoon, the Presi
dent conferred with Secretary of the
Treasury Morgenthau, who was his
luncheon guest, and with Daniel Bell,
acting director of the Bureau of the
Budget.
During the brief intervals in his
work today Mr. Roosevelt applied him
self to drafting the message he will
transmit to Congress when it convenes
in extraordinary session next Monday.
The President has been at work on it
for more than a week and devoted the
greater part of yesterday to this task.
Among the President's callers today
was Edward McGrady, who recently
resigned as Assistant Secretary of La
bor to take charge of labor relations for
a large corporation.
— ■ ■ m — ■ ■
GOV. RIVERS’ MOTHER
BONDED IN SHOOTING
Deputy Says She Has Admitted
Firing on Alderman After
Arkansas How.
By the Associated Press.
NASHVILLE, Ark., Nov. 8.—Mrs.
R. C. Kelly, 66, mother of Gov. E. D.
Rivers of Georgia, today faced a
charge of assault with intent to kill.
Prosecuting Attorney Byron Good
son charged Mrs. Kelly shot J. R.
Page, alderman and former railroad
section foreman, in the abdomen last
Wednesday at nearby Mineral Springs.
He is in a serious condition.
Deputy Sheriff J. G. Reese said
Mrs. Kelly told him of a “disagree
ment" with Mr. Page, and had ad
mitted firing a pistol through her
front door when Mr Page came on
the porch. She lives alone. She was
served with a warrant yesterday,
waived preliminary hearing and post
ed $500 bond, pending the grand jury
session in February.
Deputy Reese, describing himself
as a lifelong friend of the family,
said Mrs. Kelly, twice married and
twice widowed, was the former Mrs.
J. M. (Annie) Rivers, mother of Gov.
Rivers. The Georgia Governor was
bom and reared in this section.
In Atlanta Gov. Rivers said today,
“Sheriff Dildy (C. A. Dildy at Nash
viUe) informed me by long-distance
telephone that my mother was entirely
justified in protecting her home
against the forcible intrusion and that
Page, on his hospital bed, admitted he
was at fault and had no desire to pros
ecute.”
“PEACHES” FILES SUIT
FOR DIVORCE IN RENO
By the Associated Press.
RENO, Nev., Nov. 8.—Mrs. Frances
B. Hynes, the former “Peaches”
Browning, filed suit today to divorce
Bernard J. Hynes, Denver theater
operator. She charged cruelty.
Mrs. Hynes, whose first husband was
Edward W. "Daddy” Browning of New
York, was married to Hynes at Tucka
hoej N. Y., February 24, 1934.
Property or alimony matters were
not at issue In the divorce ease.
I
NOT IN THE ANNUAL ’MUM SHOW AT THE MALL GREENHOUSE.
NEWU.S.ACTSEEN
Roosevelt Talk With Mc
Grady Points to Further
Federal Moves.
By JOHN C. HENRY.
New administration intercession In
behalf of unity in labor’s ranks was
seen as a possibility today as Presi
dent Roosevelt conferred for more
than an hour with Edward F. Mc
Grady, former Assistant Secretary of
Labor.
As the White House meeting was
in progress, John L. Lewis, Committee
for Industrial Organization chairman,
m?t in lengthy conference with the
Negotiating Committee of his group
prior to its return to the Willard Hotel
for today’s session with the conferees
of the American Federation of Labor.
Emerging from his conference with
the President. Mr. McGrady admitted
discussing the general labor situation,
but declined to say he was in Wash
ington for the specific purpose of aid
ing current peace efforts. The former
Labor Department official, who was
known principally as a successful
mediator during his term in that de
1 partment, said he probably would make
“social calls” on leaders of the two
fighting factions.
Although no announcement of the
nature of their deliberations with Mr.
Lewis was mad? by members of the
C. I. O. Negotiating Committee, it was
understood they were weighing the
concessions already offered by the A.
F. of I. In this respect, the Federation
has indicated it might turn over cer
tain major industries exclusively to
the C. I. O. group.
The latter thus far has not receded
from its insistence that it remain a
completely autonomous faction, with
exclusive organizing rights in virtually
all of the Nation’s great industries,
such organization to proceed entirely
on a vertical union basis.
■— — >
ROSS IS INDICTED
IN DAVIDSON DEATH
"
Trial on First-Degree Murder
Charge Set by Judge for
December 1.
By the Associated Press.
FREDERICKSBURG, Va., Nov. 8.
—An indictment charging murder in
the first degree was returned by a
Stafford County grand jury this morn
ing against Walter L. Ross, United
States Marine, held in connection with
the death of Elmer J. Davidson, 52
year-old Washington lawyer.
Trial of the youth, said by defense
counsel to be 17 years old, was set by
Judge Frederick W. Coleman for De
cember 1 at Stafford Court House.
Comonwealth’s Attorney G. B.
Wallace, who will prosecute the case,
will be assisted by W. W. Butzner,
prominent local attorney, who has
been retained by friends of Davidson.
The prisoner, who is being held in
the local jail, will not be arraigned
until the date of trial.
Jobless Ranks
Of Unions Grow,
A.F. of L. Finds
By the Associated Press.
The American Federation of Labor
reported today that employment
among its members dropped last month
—the first October drop since 1931.
“Our weighted figures for unemploy
ment of union members, which had
showed no gain whatever in employ
ment since July, now show an actual
decline,” the report said.
“The figure showing 9.3 per cent of
the membership unemployed through
the summer months rose to 9.4 per
cent unemployed in October.
“While this seems a small change,
actually the figures are a very im
portant barometer. October is normal
ly the peak month of the fall busy
season and employment has always in
creased from August to October, except
during the severe business declines of
the depression.”
The federation also reported its
October 31 membership as 8,378,771, a
gain of 938,185 over August 31, 1938.
*
Man Fined $10
For Forgetting
His Jury Duty
Si ecial Disnatch to The Star.
ROCKVILLE, Md., Nov. 8.—Wash
ington I. Cleveland of Kensington,
president of the Montgomery County
Civic Federation and manager of the
District Motor Club of the American
Automobile Association, is such a busy
man he forgot to report for duty as a
juror in Montgomery County Circuit
Court today.
When he remembered and hurried
to the court room the grand jury al
ready had been selected. Judge
Charles W. Woodward, after hearing
Mr. Cleveland’s explanation that he
was so busy he overlooked his duty to
appear in court at 10 o’clock with the
othe. 47 men drawn for the November
term, said he realized the civic worker
was a very busy man.
He imposed a fine of $10, which
Mr. Cleveland promptly paid. Court
attaches said Mr. Cleveland would not
serve as a juror during the current
term.
STOCKS OFF 51-J2
Quotations Wobble as Trad
ers Try to Predict Future
of U. S. Money.
By the Associated Press.
NEW YORK, Nov. 3.—A movement
of footloose capital from New York to
Europe turned the world’s financial
spotlight on the dollar today.
On the New York Stock Exchange
share prices sold off, then rallied half
heartedly as Wall Street traders tried
to appraise the chances of more moves
in Washington bearing on the dollar's
worth in gold.
With many shares close to the 1937
lows touched October 19, the stock
market found substantial buying sup
port after heavy selling at the opening
had carried prices down $1 to more
than $2. In London, Armsterdam and
Paris, markets were in retreat before
dealings started here, with traders
everywhere trying to read the dollar’s
future. Commodity quotations were
rather wobbly.
After midday announcement of an
other big drop in steel production
chilled the market and share prices
drifted down from the forenoon rally
tops, led by steels. Offerings were
small, compared with recent selling
drives and trading turned dull.
BIGGESTiNHISTORY
18,243,000 Bales Reported
by U. S. Officials—-Mar
ket Drops, Recovers.
Ej the Associated Press.
The Department of Agriculture re
ported today this year's cotton crop
is 18,243.000 bale6 of 500 pounds each,
the largest crop in history.
After the release of the figures prices
dipped about 75 cents a bale on the
New York Cotton Exchange, then
turned and recovered most of the loss.
The rally was credited to trade buy
ing. The recovery, after December
had fallen to 7.53 cents a pound and
March to 7.65, was thought inspired
in part by the influence of the Gov
ernment loan program, which offers
j growers advance of 9 cents a pound
j on cotton of T4-inc'n middlir., '>id
lesser amounts on lower grades.
The forecast, however, added to dif
ficulties of Government leaders at
tempting to shape a new farm pro
gram for the special session of Con
gress.
Forecast Totals Increased.
Government estimators said the
record production was indicated by
November 1 conditions. They in
creased their forecast totals on the
1937 crop for the fourth consecutive
mnnEVi
The new estimate was 670,000 bales
above the indicated production a
month ago. 2,650.000 bales larger than
the first 1937 estimate in August and
5.844.000 bales above last season's
production.
If realized, the 1937 crop would be
265.000 bales more than the previous
largest crop of 17,978,000 bales in
1926. The only other time cotton
production exceeded 17,000,000 bales
was in 1930.
Farm Administration officials who
joined reporters in a locked room
where the Government Crop Board
announces its estimates were silent
about the new forecast.
After the cotton estimate was re
vised upward about 1,500,000 bales last
month, Secretary Wallace reduced by
2,000,000 acres the cotton goal under
next year's soil conservation benefit
program.
Acre Yield Up.
The Crop Board also increased its
estimate on the average yield to 258.8
pounds an acre for the entire cotton
belt. This topped all previous yields.
The board’s only comment was that
most of the remaining mgpicked cot
ton was "open and subject to weather
damage.’* »
Summary of Today's Star
Page. Page. |
Amusements B-1G Sports A-14-15-16
Comics ..B-14-15 Radio_1-A-8
Editorials_A-10 Short Story -B-ll
Finance _A-17 Society-B-3
Lost & Found B-ll Woman’s Pg. B-10
Obituary —_A-12
WAR IN FAR EAST.
Chinese strike to trap 25,000 Jap
anese. Page A-l
FOREIGN.
Delbos will visit allies of France on
anti-Red pact. Page A-4
Russia’s presence at parley may be
peace tar. ■ Page A-4
Blum makes appeal to party to pre
serve front. Page A-4
NATIONAL.
President calls economists to White
House parley. Page A*1
Largest cotton crop in history seen
for this year. Page A-l
Justice Black delivers his first Su
preme Court opinion. Page A-l
Borah calls for action on anti-trust
legislation. Page A-2
Wallace repeats plea for ever-normal
granary. Page A-2
WASHINGTON AND VICINITY.
Hershberger boy’s body found in
creek near home. Page A-l
Members of D. C. families unreported
in China. Page A-2
Passport fraud charged in grand jury
true bill. Page A-5
Admiral Leahy hits undermanning of
U. S. Fleet in report. Page A-5
Mass meeting tonight to usner in
Chest campaign. Page B-l
Allen made director of President’s
Birthday Committee. Page B-l
Twelve persons Injured in week end
traffic accidents. Page B-l
4
New Citizens’ Federation head prom
ises fight for D. C. vote. Page B-l
EDITORIAL AND COMMENT.
Editorials. Page A-10
This and That. Page A-10
Answers to Questions. Page A-10
Washington Observations. Page A-10
David Lawrence. PageA-11
H. R. Baukhage. Page A-ll
Dorothy Thompson. PageA-11
'Pertinax. PageA-11
Lemuel Parton. PageA-11
SPORTS.
National, sectional races little changed
by upsets. Page A-14
Only 17 grid teams in U. S. still un
beaten, untied. Page A-14
White of Colorado near top as grid
scorer, t Page A-14
Soph stars to add glamour of Hoya
Terp rivalry. Page A-15
Packers, Redskins near lead in pro
grid league. Page A-15
Six Nationals go to Chattanooga to
complete deal. Page A-16
FINANCIAL.
Bonds ease (table). Page A-17
General Motors sales jump. Page A-17
Stocks recover after drop
(table). Page A-18
Curb list down (table). Page A-19
Dollar drops at London. Page A-19
MISCELLANY.
City News in Brief. Page A-6
Shipping News. Page A-6
Bedtime Stories. Page B-6
Dorothy Dix. Page B-10
Betsy Caswell. Page B-10
Nature’s Children. PageB-11
Cross-word Puzzle. Page B-14
Letter-Out. Page B-14
Winning Contract. Page B-l5
\
BLACK DELIVERS
HIS FIRST OPINION;
FOES SEEN BEATEN
Gives Views on Minor Case
After Levitt Renews Re
moval Attempts.
IOWA ALLOWED TO TAX
INCOME FROM CITY BONDS
Ruling May Be Handed Down To
day on Concerns' Plea in Seiz
ure of Business Telegrams.
BULLETIN.
A petition by three Florida in
vestment concerns asking the Su
preme Court to bar Associate Jus
tice Black from considering an
appeal by them on the ground that
he is prejudiced was denied today.
The justices also indicated they
will not review a decision of the
Third Circuit Court of Appeals
branding as illegal a sit-down
strike in the Philadelphia plant of
the Apex Hosiery Co. The court
directed the union of hosiery
workers, which had appealed 'the
decision, to show on December 6
why their cause is not moot. Pre
sumably, this action was based on
the fact that the strike at the
Apex plant has been settled and
the sit-downers have evacuated the
premises. .
By JOHN' H. CLINE.
Associate Justice Hugh L. Black,
whose appointment to the Supreme
Court is still under fire, today deliv
ered his first opinion as a member of
the high tribunal—a step which indi
cates there is little likelihood that
pending attacks on the legality of his
appointment will meet with success.
The fact that the new justice has
now taken officials action as a mem
ber of the court indicated to most ob
servers that those contesting his ap
pointment can hope for no greater
success than the disqualification of
Mr. Black in a particular case.
After Justice Black had delivered
his opinion, Justice Cardozo an
nounced a 6-to-3 decision holding
that the State of Iowa could tax the
income from municipal bonds issued
within the State, although the State
law exempted these bonds from tax
ation.
The majority of the court drew a
distinction between a tax on bonds
and a tax on interest from the bonds
which was sharply citicized in the
dissenting opinion by Justices Suther
land, McReynoIas and Butler. The
court made it clear its opinion was
confined to the Iowa case, and there
was doubt whether the reasoning
could be extended to permit the Fed
eral Government to levy a similar tax
on its own securities.
Mr. Black’s delivery of the opinion
of the court in a relatively unimpor
tant case came shortly after it had
been announced that Albert Levitt,
former Federal judge, had asked
President Roosevelt by letter to in
stitute proceedings looking toward
Mr. Black’s removal cn the ground
his appointment was illegal.
Last month the court refused to
hear a petition by Mr. Levitt involv
ing the same contention on the ground
he did not have a sufficiently direct
interest in the matter. The court’s
language on that occasion was inter
preted by some as indicating a simi
lar attack by some one having a
legitimate interest might receive con
sideration, but this possibility appar
ently has been foreclosed by the selec
tion of Mr. Black to deliver an opinion
of the court.
The pending attacks on the ap
pointment are not based on Mr.
Black’s admitted former membership
in the Ku Klux Klan, which, accord
ing to some contentions, might dis
qualify him from participating in a
case involving a religious or racial
question. In this connection it was
noted he took no part in considering
the recent unsuccessful appeal of
Haywood Patterson, convicted in the
Scottsboro case.
Rehearing Request.
The court has under consideration
a request from three Florida con
cerns for a rehearing of their appeal
in an effort to prevent the Securities
Exchange Commission from subpoena
ing certain of their business tele
grams. They asked that Justice
Black, because of his activities in con
nection with the Senate lobbying in
vestigation, be excluded from partic
ipating in the consideration of their
request. The court may announce its
ruling on their petition later today.
The case in which Justice Black de
livered the court’s opinion involved a
Federal Trade Commission order di
recting the Standard Education So
ciety to cease and desist from certain
practices in connection with the in
terstate sale of books. Although Chief
Justice Hughes had to signal the new
appointee twice before Mr. Black real
ized he was expected to proceed, the
new justice acquitted himself well,
summarizing the six-page opinion in a
few terse sentences.
The bonds involved in the Iowa
case were Issued after the State Leg
islature had enacted statutes various
ly stating that the bonds "are not to
be taxed,” "shall not be taxed,” or
"shall be exempt from taxation.” At
that time Iowa did not have a State
income tax. Such a tax later was
passed, however, and assessed on ap
proximately $36,000 interest on mu
nicipal bonds previously purchased by
Henry O. Hale and his wife.
The legality of the tax was upheld
in the Supreme Court, and, following
their reasoning, the Supreme Court
also upheld the levy.
Retired Educator Dies.
KIRKSVILLE, Mo., Nov. 8 (£”).—
Dr. John R. Kirk, 86, president emer
itus of the Northeast Missouri State
Teachers College here and a former
State superintendent of education,
died of'a heart ailment at his home
here yesterday. He was active pres
ident of the school for 28 years, re
tiring in 1923.
I