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Evening star. [volume] (Washington, D.C.) 1854-1972, January 05, 1938, Image 1

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. .. I
WEATHER.
(D. S. Weather Bureau Forecaat.)
Pair tonight and tomorrow; not much
change in temperature; lowest tonight
about 30 degrees; gentle winds. Tem
peratures today—Highest, 52, at 3 p.m.;
lowest, 29. at 7 a.m.
Pull report on page A-2.
Closing New York Markets, Page 16
Home Delivery by Carrier:
The Evening Star.10c Wk., 45c Mo.
The Evening ft Sunday Star, 15c Wk., 05c Mo.
86th YEAR. No. 34,217.
WASHINGTON, D. C., WEDNESDAY, JANUARY 5, 1938—THIRTY-SIX PAGES. ♦♦♦»
<*> M-n. A»»ocl«t»d Pr..«, THREE CENTS.
JUSTICE SUTHERLAND RETIRES JANUARY 18
DEFICIT OF $949,000,000
IS ’39 BUDGET FORECAST;
D. C. TAX BOOST IS SEEN
$539,000,000 Cut in
Expenses Over
’38 Expected.
MORE SPENDING
MAY BE DONE
Total Debt to Hit
$38,528,000,000,
New Higli.
By G. GOULD LINCOLN.
President Roosevelt sent to Congress
today a Federal budget estimating ex
penditures of $6,869,000,000. and rev
enues of $5,919,400,000, for the fiscal
year 1939.
This means an estimated deficit of
$949,600,000.
However, the budget also shows a
reduction of $539,000,000 in the esti
mated expenditures for the fiscal year
1939, as compared to the estimated
expenditures during the current fiscal
year of 1938. which total $7,408.
000.000. *
While commenting favorably on this
reduction in expenditures for the next
fiscal year, the President said: “This
estimated reduction may. bv force of
circumstances, become smaller because
of future event', which today cannot
be definitely foretold. I refer specif
ically to the possibility that, dye to
world conditions over which this Na
tion has no control, I may find it
necessary to request additional appro
priations for national defense.
Aid May Raise Deficit.
"Furthermore, the economic situa
tion may not improve—and if it does
not, I expect the approval of Congress
and the public for additional appro
priations, if they become necessary to
save thousands of American families
from dire need.”
It is obvious that if the estimated
reduction in expenditures becomes
smaller the estimated deficit for the
next fiscal year will become larger.
The deficit now estimated by the
President is less than the estimated
deficit for the fiscal year ending June
30, 1938, which is now expected to
reach a total of $1,088,100,000.
In fact, the deficit for 1939, unless
something happens, as suggested by
the President, to increase expendi
tures, is a reduction for the third suc
cessive year in th<> matter of deficit.
Had it not been for the payment of
the soldiers' bonus during the fiscal
year 1936, the reduction in deficit
would have been successive for five
years, from and including 1934. The
deficit in that fiscal year was $3,629,
600.000, and was only exceeded by the
deficit for the fiscal year 1936, which
rose to $4,J60,600,000.
Budget Balancing Hope Fades.
All hope of a balanced budget for
the fiscal year 1939, which the Presi
dent expected during 1937 has gone
•glimmering. The President in his
message gave a number of reasons for
his inability to achieve a balanced
budget in the coming fiscal year. He
said that during the first 10 months
of the calendar year 1937, business
conditions improved materially. It was
expected that the improvement would
continue in 1938. There was, he said,
every reason to expect that the rev
enues for the fiscal year 1939 would
be greater than the expected revenues
for 1938. To this he coupled a hope
for a reduction in the cost of relief,
and a decline in the total expenditures
for 1939.
“That was the basis,” said ttye Presi
dent. "for our expectation of a bal
anced budget for the fiscal year 1939.
The recent recession in business has
changed that outlook. Today it is
necessary to revise the estimates of
revenues. We hope that the calendar
year 1938 will bring an improvement
In business conditions and therefore
in tax receipts. The Treasury, leaning
to the conservative side, predicts some
Improvement over the present levels,
but does not assume in its figures that
business in the calendar year 1938 will
reach as high a level as in the calendar
year 1937.”
<401,000,000 Receipts Drop Seen.
The President's estimate of revenue
for the fiscal year 1038 la $#£19,000,
000, compared with the praoent esti
mate of receipts for the fiscal year
1938, of <6,320,000,000. This wps a fall
ing off in revenue of $401,000,609. The
net deficit now expected—$950,000,000
—will be $138,000,000 less than the
expected deficit in the current fiscal
year. .
The gross public debt reaches a new
high, at the close of the fiscal year
1939, according to the estimates sub
mitted by the President. It will total
$38,528,200,000. This is an increase of
> <924,600,000 over the estimated gross
public debt at the close of the present
fiscal year. It is an increase in the
(See NATIONAL BUDGET, Page A^6)
Some of the copies of *Thf|
Star are slit in the center
fold of the paper by a pat
ented process in printing.
The Star is experimenting
with this idea and if you,
the reader, received one of
these copies and find it is
helpful In turning the pages,
will you please write or tele
8hone your comments to
tie Circulation Manager,
, National 5000.
D. C. Budget
| in Brief
Calls for appropriation of $47,
344,702 facing tHstrict taxpayers
! with an additional outlay of from
$3,400,000 to $6,000,000.
Federal payment toward Dis
trict expenses continued at
$5,000,000.
Authorizes replacement of Penn
sylvania Avenue Bridge across
Anacostia River, first wing in the
Municipal Center, purchase of
National Guard Armory site and
' an addition to the District Jail.
Funds allowed for two new
school buildings, completion of
two others and continuation of
construction of third.
Provides for reopening of old
Tuberculosis Hospital as tempo
j rary adjunct to Gallinger.
Transfers $765,000 cost of
street lighting from general fund
revenues to gasoline tax fund.
DUE TO BEGIN SOON
Roosevelt May Send Mes
sage Shortly on New Build
ing Program.
BACKGROUND—
President Roosevelt indicated a
week ago that his “growing con
cern" over international conditions
might prompt him to ask for more
naval armament than contem
plated in the budget. America’s
armament expenditures of about i
$1,000,000,000 annually for past
three gears represents less than
one-eighth of this country's total
expenditures. Other world powers
devote Much larger proportions of
their national budget to armament.
B» li.f Associated Press.
White House callers reported today
President Roosevelt would send a spe
cial message to Congress very soon
suggesting a new Navy building pro
gram supplemental to the 18 ships pro
vided for in the regular budget.
The callers, including Navy officials
and congressional leaders, said the ex
tent of the new program and the types
of vessels have not been agreed upon. !
One expressed the opinion the pro- j
gram might require new legislation. I
Those included in the conference
were Charles Edison, assistant secre
tary of the Navy: Admiral William D. '
Leahy, chief of naval operations, and
congressional leaders.
Admiral Leahy and Mr. Edison met
briefly with the President alone and
then remained for the conference with
the congressional leaders.
The latter group included Chairman
Taylor of the House Appropriations
Committee, Vinson of the House Naval
Committee, and Umstead of the Naval
Subcommittee of the House Appro
priations group.
Basis for Forecast.
Officials based their forecast of an
early order to go ahead with the
supplemental building program on
the fact the House Appropriations
Committee was about to take up the
naval appropriation bill.
In a recent letter to Representative
Taylor, announcing regular budget
plans for construction of 2 new bal
tleships and 16 lesser craft, the Presi
dent said "growing concern” over
international conditions might prompt
him to ask for even more naval
armaments.
Meanwhile, in his budget message.
President Roosevelt proposed a record
peace-time .national defense budget
of. $991,300,000, but said "world con
ditions” might necessitate asking still
more money.
increase of $54,847,000.
Mr. Roosevelt requested $988,623,400
in new funds for both the Army and
Navy, representing an increase of
$54,847,000 over regular appropria
tions for the current fiscal year end
ing June 50, which constituted the
previous high mark in peacetime de
fense outlay.
Of this sum $569,827,400 was set
aside for the Navy and $418,796,000
for the Army. The rest of the budget
total will come from emergency funds
already appropriated but as yet unal
located to national defense purposes.
Increase in ships, men and sup
plies and improvement of the gen
eral operating efficiency of fleet and
shore stations .Constitute the princi
pal items of the Navy budget. Out
standing in the Army estimate is an
addition of $811,725 for strengthening
coast defense of the continental
United States, Panama and Hawaii.
Various bureaus in the Navy De
partment will benefit materially if
Congress approves the President’s
estimates. The Bureau of Navigation
fund would be increased from $14,
325,330 to $14,463,127, the Bureau of
Engineering from $22,080,800 to $25,
137.000, the Bureau of Construction
and Repair from $19,458,500 to $21,
546.000, the bureau of Ordance from
$2..429,800 to $26,880,000, the Bureau
of Supplies and Accounts from $206,
796,835 to $232,395,000, the Bureau of
Yards and Docks from $8,015,958 to
$8,509,000, while the Marine Corps
figures jump from $26,737,713 to $28,
013,580.
The Naval Research Laboratory at
Bellevue, D. C„ estimate 1$ advanced
from the present $310,000 to $335,006;
4
$47,344,702 Would
Be Appropriated
in Capital.
$3,400,000 IN RED,
ARE ESTIMATES
Shortage May Rise
if Certain Items
Are Added.
By JAMES E. CHINN.
Far out of balance, a District budget
for the 1939 fiscal year, which would
force taxpayers to lay out an addi
tional $3,400,000. and perhaps as much
as $5,000,000, was transmitted to Con
gress today by President Roosevelt.
Actually the budget calls for appro
priations totaling $47,344.702—an in
crease of $954.56 over those for the
current fiscal year—but these figures
fail to complete the whole financial
picture. Sandwiched in the budgets
for the Justice and Interior Depart
ments are items amounting to $472.
375. which the District will be required
to pay. making a grand total of $47,
817.077.
Again the Budget Bureau recom
mended a Federal payment toward
District expenses of $5,000,000. despite
an ever-mounting tax burden, which
in the current fiscal year increased
local taxes by an estimated $9,000,000.
*5,000,000 Shortage Indicated.
On the basis of the official budget,
the anticipated deficit in the coming
fiscal year is placed at $3,400,000. But
that's only a net figure. The compli
cated construction of the budget struc
ture and proposed transfers and ad
ditions of certain items indicate the
shortage may go as high as $5,000,000.
Not exactly in the category of the
"spareribs" budgets of the last few
years, the 1939 edition does provide a
slart on some long-sought and urgent
ly needed municipal projects Out
standing among these are:
1. Construction of the initial wing
of the almost forgotten Municipal
Center—a building to house the Police
Department. The budget proposes an
initial appropriation of $500,000. and
fixes the limft of cost at $1,500,000.
2. Replacement of the Pennsylvania
Avenue Bridge across the Anaco6tia
River. The cost i« fixed at $2,000,000.
The budget carries $650,000 as the ini
tial installment.
Provides Armory Site Purchase.
3. Purchase of a site at the foot of
East Capitol street for the proposed
National Guard Armory. The cost is
fixed at a maximum of $210,000.
4. Establishment of the second of a
series of public health centers, to be
located in Southwest Washington, at
a cost of $200,000.
5. Continuing improvement of the
water front along Washington Chan
nel. The District's share of this
project is limited to $64,000. The
Federal Government will pay the
balance.
6. Construction of two new public
schools, completion of two others and
continuation of construction of the
Calvin Coolidge Senior High School.
For these five projects the budget
recommends a total appropriation of
$1,583,150.
7. An addition to the District Jail,
with the limit of cost fixed at $250,000.
The initial appropriation recommend
ed is $125,000.
_8. An addition to No. 22 Fire En
(SeeDISTOICT BUDGET, Page A-T)
Bulgarian Votes Ordered.
SOFIA, Bulgaria, Jan. 5 </T*).—King
Boris today ordered general elections,
to be held March 6, 13, 20 and 27.
(IwsTSere’s
NothimgtoFear,
n^NOWI
I
Lack of Stringent Statutes
Held Handicap in Wiping Out
Numbers Racket in District
No. 4 of a Series.
By CARTER BROOKE JONES.
HOW can Washington’s crime-breeding numbers racket be smashed?
"Go after the big fellows, the higher-ups who bank the game,”
they'll tell you at the office of Thomas E. Dewey. New York's new
district attorney, who stepped into the national spotlight when he
| shattered Manhattan's rackets.
"But how?” asks Leslie C. Garnett, who retired Friday after four years
j as Washington's district attorney. And he adds:
"We need more stringent laws, more police, more courts."
And in proof of his effort to enforce the anti-gambling laws of the
: District, he can point to 10 times •>---—
| more convictions than any predeces
1 sor in office obtained.
But, despite his fight on the Capi
tal’s rich gaming industry, the num
bers business goes on, admittedly
larger and more lucrative than ever
Mr. Dewey broke up the Dutch
Schultz mob's control over the num
bers business in Greater New York—
wrecked a $100,000.000-a-year racket
—with virtually the same lottery
statute the District has.
When a high official of the New
York Police Department was asked
what was needed to^break up the
racket in Washington, he said:
“You’ve got law enough. All you
(See NUMBERS, Page ~XT ) !
Mexicans Hold
Gaming Resort
Despite Troops
400 A/run Caliente
Hotel Employes
Defy Seizure.
B? the Associated Press.
AGUA CALIENTE. Mexico, Jan. 5.
—Despite nearby troop movements, 400
former Agua Caliente hotel workers
held grimly today to their occupation
of the famed resort in open defiance of
the government.
Tight-lipped delegates of the CROM,
powerful Mexican labor body, would
not discuss a meeting late last night
at which reports were read from a
commission sent to confer with Gov.
Rudolfo Taboada of Northern Baja
California. It is Gov. Tabcada's task
to enforce a presidential decree ex
propriating the hotel.
The huge meeting of workers and
their families was held in a garage
which once housed the limousines of
film stars and world notables visiting
the $10,000,000 former gambling resort.
The week-old decree ordered owners
of the resort to surrender it to the
government for school purposes, but
workers refused to allow removal of
any private property until after full
consideration of the commission’s re
port on the parley with the Governor.
Summary of Today's Star
r'age. Page.
Amusements B-16 Radio ..B-9
Comics B-14-15 Serial Story _.B-7
Editorials --A-10 Society_B-3
Finance -A-15 Sports ...A-18-19
Lost & Pound B-9 Woman's Pg. A-14
Obituary _.A-18
FOREIGN.
Eftabargo on arms to Rumania denied
by France. Page A-4
Palestine cool to further partition
study. Page A-4
“Teruel ir three days” is goal of insur
gents. Page A-4
Bolshevism end of anti-Christ drive,
says Dr. Niemoeller. Page A-8
French bishop guarding girls slapped
by a Japanese. Page A-8
Japan replaces Chinese rule in all
conquered area. Page A-8
NATIONAL.
Rubens-Roblnson Identity verified in
Moscow. Page A-l
President believed ready to give "go”
signal on Navy program. Page A-l
Justice Sutherland to retire from
Supreme Court. Page A-l
Fire traps 300 at beano party in Paw
tucket, R. L Page A-8
Steel workers in C. I. O. called to dis
cuss new contracts. Page A-8
U. S. Attorney rafcy ask release of Sea
WWf killers. Page A-8
Representative Hill beats Heflin for
Senate seat. Page A-4
Bowers arrested in Louisville; con
fesses killing woman. Page A-5
Special significance attached to Jack
son day dinners. Page A-7
XT. M. Employment Service to be source
1 jobless figures. Page A-8

A A
WASHINGTON AND VICINITY.
Palmtssano yields to protest by G. O. P.
in committee. Page A-l
Jail report praised as incontestable as
Bill of Rights. Page A-l
"Higher-ups” sought after raid on big
liquor plant. Page B-l
D. C. start around world tonight
in 80-foot boat. Page B-l
Reisinger to be transferred to Naval
Hospital. Page B-l
Substantial cut in fire insurance rates
here seen. Page B-l
Line of jobless compensation seekers
thins out. Page B-l
Court holds Cummings liable to Com
mercial Bank receiver. Page B-l
New grand jury impaneled at District
Court. ' Page B-l
EI$TORIAL 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. Page A-ll
The Capital Parade. Page A-ll
Dorothy Thompson. Page A-ll
Constantine Brown. Page A-ll
Lemuel Parton. Page A-ll
MISCELLANY. *
Shipping News. Page A-12
Dorothy Dix, Page A-14
Betsy Caswell. Page A-14
Nature’s Children. Page B-2
Vital Statistics. Page B-6
Bedtime Story. Page B-8
Men’s Fashions. Page B-9
City News in Brief. Page B-9
Cross-Word Puzzle. Page B-14
Letter-Out. Page B-14
Winning Contract. Page B-14
k
Photo of New York Woman
Is Identified in
Moscow.
By the Associated Press.
MOSCOW, Jan. 5.—An American
today identified a passport photograph
of Ruth Marie Rubens of New York
as that of the woman who gave her
name as "Mrs. Donald L. Robinson”
before disappearing in Moscow early
last month.
The person making the identifica
tion interviewed the woman at her
Moscow’ hotel before she vanished De
cember 9. "Mrs. Robinson" is now re
ported under arrest.
The identification was telegraphed to
the State Department in Washington.
The United States Embassy is await
ing instructions from Washington be
fore reopening its inquiries into the
case at the foreign office, which thus
far has refrained from giving Ameri
can officials any information concern
ing the affair.
Man Not Identified.
A photograph of Adolph Arnold
Rubens could not be identified. The
man. who was known here as "Donald
L. Robinson” and who disappeared
December 2, never visited the Ameri
can Embassy and was not seen by any
Americans, as far as could be learned.
If Rubens is the man who posed
as "Robinson” and wras a Communist,
as some reports indicated, his dis
appearance and strong implications
by the government organ Izvestia that
he has been arrested, could be ex
plained by the Soviet purge within
Communist ranks.
Further investigation of the affair
by the American Embassy here ap
parently depended on whether Wash
ington ascertained that Mrs. Rubens
was an American citizen.
(The couple, bearing American
passports since found to have been
obtained fraudulently and calling
themselves Mr. and Mrs. Donald
L. Robinson of New York, reached
Moscow November 6 and lived at
the National Hotel. The man fin
ished first. His wife told inquirers
she had been informed he was in
a hospital suffering from pneu
monia, but she did not know where
the hospital was. The next day
she, too, disappeared.
(The American Government’s in
quiries elicited no information
from the Russian government and
the affair became an international
incident.)
Embassy Noted Discrepancy.
United States Embassy officials pre
viously had noticed a wide dis
crepancy between the passport photo
graph of "Mrs. Robinson” as pub
lished in the American press and that
of the woman they saw at the Na
tional Hotel the night of December
8, just before her disappearance.
Only today, when photographs of
both couples, Rubenses and the sup
posed Robinsons, reached Moscow
from Washington, wete persona who
(See MOSCOW, Page A-!.)
t
TO G. 0. P. PROTEST
Dirksen Complaint Brings
Accord for Shift in Sub
committees.
A realignment of the seven Repub
lican members of the various standing
subcommittees of the House District
Committee was agreed to today by
Chairman Palmisano as a result of a
united protest by the minority group
against his failure to assign Repre
sentative Dirksen of Illinois on the
subcommittees that will write the new
tax-increase program and investigate
the Capital Transit Co
Mr. Palmisano made the agree
ment at an executive meeting of his
committee during which several of the
Republican members are understood to
have criticized him for making as
signments without first conferring
with Mr. Dirksen, ranking minority
member.
The chairman explained he intended
no slight in making the subcommittee
assignments and announced he would
place the Republican members on any
group in which they desire to serve.
A caucus will be held tomorrow by the
minority members to determine their
own assignments.
Mr. Dirksen probably will be placed
on the Public Utilities and Fiscal Af
fair Subcommittees because of his de
sire to take an active part in the
transit inquiry and in framing the new
tax legislation.
Although Monday will be the first
District day of the new session of
Congress in the House, Mr. Palmi
sano said he would not call up a bill
on the calendar to establish a five
day. 60-hour week in the Fire De
partment pending completion of the
new tax program.
A Senate-approved bill to establish
a small claims court in the Municipal
Court was referred to the Judiciary
Subcommittee for consideration.
ACTRESS SEATEN,
MADMAN IS HUNTED
Mabel Hawthorne Reported Near
Death in Hospital in San
Francisco.
By the Associated Press.
SAN FRANCISCO. Jan. 5.—Police
sought a madman or a narcotics ad
dict today as the fiend who unmerci
fully beat, stabbed and kicked Mabel
Hawthorne, 50-year-old actress and
choir singer.
The former New York and Detroit
actress was still unconscious today at
San Francisco Hospital. Attendants
said she may die.
She was found late yesterday in her
hotel room—her jaw broken, her skull
and left leg fractured.
In addition to having been beaten,
Miss Hawthorne's right arm was
punctured several times, apparently
by an ice pick.
Investigators said she was attacked
between midnight and 5 a.m. yester
day.
“FOUL PLAY’’ DOUBTED
IN COLORADO MYSTERY
By the Associated Press.
GRAND JUNCTION, Colo., Jan. 5.
—District Attorney William F. Hay
wood said today he was "skeptical”
that foul play figured in the disap
pearance of Arthur Beardsley, 44,
whose blood-stained automobile was
found yesterday on a Colorado River
bridge.
Haywood said laboratory tests showed
the stains were made by the blood
of a “suckling animal.”
Mr. Beardsley, a dental laboratory
operator, moved here three years ago
from Albuquerque, N. Mex., soon after
reporting to officers he had been
threatened for refusing to aid a
kidnap plot. Federal officers investi
gated, but nothing developed.
Albert Frazier, acting police chief,
directed dragging of the Colorado
River near here.
The missing man’s wife and two sons
.withheld comment.
ft
COURT CONTROL
NOW PASSES TO
LIBERAL JUDGES
«
Brief Letter to President Cites
Only Age, 75, as Reason for
Quitting the Bench.
FOE OF NEW DEAL LEGISLATION
HAS SERVED FOR LAST 15 YEARS
His Latest Opinion Upheld Power Cases.
Roosevelt Withholds Comment on
Retirement Pending Reply.
BACKGROUND—
During his'15 years on the Supreme Court Justice Sutherland be
came closely linked to the so-called conservative element on that bench.
It was the refusal of this group to sanction the New Deal's concept of
the Constitution that led to President Roosevelt’s unsuccessful attempt
to reorganize the tribunal. After this plan had failed, a majority of the
justices voted for the administration on fundamental constitutional
questions, but Justice Sutherland refused to be shaken from his con
servative position.
By JOHN H. CLINE.
Associate Justice George Sutherland, 75 years old,
today notified President Roosevelt he wiH retire from the
Supreme Court on January 18.
The retirement of Justice Sutherland and the appointment
of his successor will mark a significant point in the history of the
Supreme Court, placing control of that tribunal for the first time
in the hands of justices who espouse the so-called liberal Inter
pretation of the Constitution.
In his brief letter to the President. Justice Sutherland gave no
reason for his retirement beyond stating he had ‘‘reached the age
of more than 75 years.” Mr. Roosevelt withheld comment, pending
completion of his formal response to the letter of the retiring
jurist.
The retirement date fixed by Justice'
Sutherland falls on the first day of the
next two-week recess of the court, the
period during which the justices pre
pare opinions. There will be two more
opinion days during the interim which
will give the justice an opportunity to
deliver any opinions he may have pre
pared.
Letter of Retirement.
Justice Sutherland's letter to the
President follows:
“My Dear Mr. President:
“Having reached the age of more
than 75 years, and having held my
commission as associate justice of the
Supreme Court of the United States,
and served in that court, for 15 years,
and thus being eligible for retirement
under the Sumners Act of March 1.
1937, entitled 'An act to provide for
the retirement of justices of the Su
preme Court,’ I desire to avail myself
of the rights, privileges and judicial
service specified in that act. and to
that end I hereby retire from regular
active service on the bench, this re
tirement to be effective on and after
Tuesday, the 18th day of January,
1938. ''
Speculation on Successor.
Justice Sutherland's retirement will
give Mr. Roosevelt his second appoint
ment to the court, Justice Black hav
ing been selected last June to fill the
vacancy created by the retirement of
Justice Van Devan ter.
Speculation as to Justice Suther
land's successor began immediately,
centering around three men. At the
time of the selection of Justice Black
the President had reduced a long list
of possible nominees to three—Justice
Black, Solicitor General Stanley Reed
and Senator Minton, Democrat, of
Indiana. Either of the latter two is
regarded as a probable nominee now
and some believe the post may be
given to Assistant Attorney General
Robert H. Jackson, who has taken
the lead in the administration's drive
against monopolies.
It is a curious fact that Justice
Sutherland two days before announc
ing his retirement delivered the
court's unanimous opinion upholding
the legality of P. W. A. loans and
grants for municipal power projects,
a highly important victory for the
New Deal.
Foe of New Deal.
Long identified with the conserva
tive element on the bench, Justice
Sutherland had sided almost invari
ably with Justices McReynolds. Butler
and Van Devanter in opposing legis
lative enactments backed by Mr.
Roosevelt. To the beginning of the
October, 1937, term he had voted
against the administration 12 times
and for it once, the single instance
being in the Tennessee Valley Au
thority case, a qualified victory for the
New Deal.
Since then he voted for the ad
ministration in every case except the
unemployment insurance provisions of
the Social Security Act, the Wagner
Labor Relations Act as applied to press
associations and manufacturing con
cerns and the decision in the so-called
gold bullion case.
Noted for Dissenting Opinions.
Firmly apposed to the slightest In
fringement of the Constitution as he
saw it, Justice Sutherland had a gift
for forceful expression that made his
opinions Interesting to laymen as well
as lawyers. This was exemplified in
his dissenting opinion in the 5-to-4
decision upholding the Wagner act in
the Associated Press case when he
said:
"Do the people of this land—
favored, as they sometimes boast,
above all others in the plentltude of
their liberties—desire to preserve
those so carefully protected by the
first amendment: Liberties of religious
worship, freedom of speech and of the
press, and the right as free men,
peaceably to' assemble and petition
a
JUSTICE SUTHERLAND.
—Harris-Ewing Photo.
(Other Picture* on Page A-3.)
their Government for a redress of
grievances? If so, let them withstand
all beginnings of encroachment.
"The saddest epitaph that can be
carved in memory of a vanished
liberty is that it was lost because Its
possessors failed to stretch forth a
saving hand while yet there was time.”
The retirement of Justice Suther
land was rumored as early at 1933. He
had been in poor health, but improve
ment in his condition resulted in a de
cision to stay on the bench. He was
again reported ready to retire last year,
(See SUTHERLAND, Page A-3.)
Minton and Reed
Lead in Tedk on
Court Nominee
B> (be Associated Press.
Numerous names were mentioned
today as official Washington specu
lated over a possible successor to Jus
tice Sutherland.
Among them were Solicitor General
Reed of Kentucky and Senator Min
ton, Democrat, of Indiana. Some re
ports current at the time of Justice
Black’s appointment had listed them
as the last two excluded from con
sideration before President Roosevelt
made his decision.
Some in Government legal circles
said the President might name a
woman or an economist who is not a
lawyer. There is no requirement that
a justice be a lawyer. The name of
Florence E. Allen of Cleveland, a
Judge of the Sixth Circuit Court of
Appeals, was mentioned among the
women.
The list of others Included:
Robert H. Jackson, Assistant At
torney General.
Felix Frankfurter, Harvard Law
School professor.
James M. Landis, former chairman
of the Securities Commission.
Donald R. Richberg, former N. R. A.
head.
Senator Wagner, Democrat, of New
York.
Robert M. Hutchins, president of
the University of Chicago.
Learned Hand of New York, judge
of the Second Circuit Court of Appeals.
Samuel Rosenman, judge of the
New York Supreme Court.
Ferdinand Pecora, Judge of the New
York Supreme Court and former
member of the Securities Commission.
Justice Harold M. Stephens, DistrM
of Columbia Court of Appeals. ^

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