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WEATHER. «T7. 8. Weather Bureau Porecait.) Fair and cooler, with lowest temperature about 46 tonight; tom—ow fair; gentle to moderate northerly winds. Temperatures today—Highest. 62. at 3 p.m.; lowest, 58, at 6 a.m. Full report on page A-2. < The only evening paper in Washington with the Associated Press News and Wirephoto Services. Closing New York Markets, Page 18 MP) Meant Associated Press. 86th YEAR. No. 34,324. WASHINGTON, D. C., FRIDAY, APRIL 22, 1938-FORTY-SIX PAGES. *** Entered as second class matter riittt~>t."'t,’ rit-->x* rr> ri post office, Washlniton, D. C. lXlUJjrj If). IS URGED TO HALT DEFLATION SPIRAL House Labor Committee Makes Strong Plea in Reporting Measure. FEARS SHARP DECLINE OF BUSINESS ACTIVITY ,Wag;e Cuts and Down Trend May Threaten Foundation of Government, Is View. background— Coalition of Southern Democrats and Republicans on House Rules Committee has blocked action on administration-urged wage and hour legislation for more than gear. Rules Committee Chairman O'Con nor last week advocated action to \ alloir a House vote on a revised j version of the legislation reported by Labor Committee this spring. By the AssoriatPri Press The House Labor Committee recom mended today enactment of its re vised wage-hour bill to prevent a ‘'vicious spiral of deflation” which, it said, "may threaten the foundations of government itself." A majority of the committee report ing out the bill said the need for the legislation was "urgent" because of the recent "alarmingly sharp decline in business activity." •'With that decline have come the inevitable wage cuts which the great mass of American business men so deplore, but are powerless to prevent.” the committee said. "These business men know that wage-cutting sets in motion a vicious spiral of deflation . which, if allowed to gather sufficient strength, may threaten the founda tions of government ieslf.” Sees Remedy in Bill. The committee said the bill, which would establish a graduated minimum wage, starting at 25 cents an hour and ranging up to 40 cents at the end of three years, with hours decreasing from 44 a week to 40 in two years, would "go far in remedying the situa tion.” "It establishes a floor for wages and a ceiling for hours and abolishes child labor,” the committee said. "At the end of three years the minimum wage which employers, with respect to whom Congress may exercise its legislative power, mast maintain, will be $16 a week. It is to be hoped that within that time the several States will adopt similar if not higher standards for employers within their jurisdiction." President Roosevelt has urged en actment of some wage-hour legislation this session. Prospects, however, con tinue none too bright. Chairman O'Connor plans to call a meeting of his Rules Committee next week in an effort to bring the re vised bill before the House for a vote. Cox Is Adamant. Last, session the Rules Committee stuck a somewhat different bill in a pigeon hole and, through the com bined efforts of Republicans and Southern Democrats, kept it there. Today a leading foe of wage and hour regulation. Representative Cox. Democrat, of Georgia, asserted his belief that the Rules Committee, of which ht is a member, would not change its attitude. "It is still my opinion." Representa tive Cox said, "that there will be no House consideration of any wage-hour legislation at this session." This week Representative Ramspeck, Democrat, of Georgia, member of the Labor Committee, filed a minority report against the revised bill, saying It does not constitute a "reasonable exertion of governmental authority” and is "arbitrary and discriminatory.” Representative Ramspeck predicted the bill would be invalidated by Su preme Court if it became law. INSULL RETURNS Courteous to Reporters, but Photographer Angers Him. NORFOLK, Va., April 22 (/Pi.— Samuel Insull, former multi-millionaire utilities magnate, returned home to America today after several months in Italy—but had nothing to say. Reporters who met the Baltimore Mail Line steamer City of Newport News, when she docked here today from Southampton found Mr. Insull courteous but firm in his refusal to comment on anything. Mr. Insults good humor vanished at the approach of a photographer. First he hid his face behind his hat and waved the photographer away with his cane "You should always ask that you be permitted to take a picture,” he snap ped. “Now go ahead.” The picture was snapped and Mr Insull walked away. Murderers Receive Stay of Execution As Current Fails Pl th« Associated Press. HUNTSVILLE. Texas., April 22. —Two condemned murderers re ceived a week’s reprieve early to day because current supplying the electric chair at State prison here failed while one of them was de claring his innocence in a death chamber speech. As John Vaughn, slayer of a Policeman, stood before the chair, Warden W. W. Waid called to Chaplain C. E. Garrett: “Wait Just a minute. The motor is down.” Inspection disclosed a motor generator unit had broken down. Waid telephoned Gov. James V. Allred, who reprieved Vaughn and Johnnie Banks. Negro convicted of killing a 13-year-old girl, for a week. Still Seized9 Three Arrested In Chevy Chase Residence ’- A .. Man Awaiting Trial on Previous Charge Is Taken on Roof. (Pictures on Page B-l.) Raiding a private home at 5201 Chevy Chase parkway. Federal agents and members of the police vice squad today arrested two men and a woman and seized a 200-gallon still, 1,080 gal lons of mash and 155 gallons of illicit whisky. One of those taken, Nazzeraino Mag naterra, 35, formerly of Baltimore, who was found hiding on the roof behind a chimney, dressed only in his under wear, was indicted last February for violating the liquor tax act' and was at liberty on $3,000 bond awaiting trial. Magnaterra's indictment grew out of | his arrest on January 5 in a raid at 1671 Madison street N.W., where police confiscated a distilling plant which they said had been turn*-,*' out nearly 300 gallons of illegal liquor a day for five months. Following the indict ment, Magnaterra's attorneys filed a motion to suppress the evidence. It was slated to be argued next Monday. The motion to suppress the evidence was based on the fact that the raid was made without a search warrant and, therefore, seizure of the evidence was illegal, the district attorney's office explained. Also arrested in today's raid were Thomas Levine, 37. and Helen J. Levine, 34. who were found inside the house, which was well furnished and had been maintained in a manner that failed to arouse the suspicion of neighbors. The still, the raiders said, was set up in the third-floor attic, the walls of which were lined with barrels of mash. In the garage, police said they i : I Arts and Planning Bodies Should Rule on Jefferson Design, They Insist. Ry the Associated Press. NEW ORLEANS. April 22.—The proposed location and design of a $3,000,000 memorial to Thomas Jeffer son in Washington. D. C., drew fire from architects today. The convention of the American Institute of Architects took up for floor discussion the recommendation of its Committee on the National Cap ital that the site be approved by the National Park and Planning Commis sion and the design by the National Commision of Fine Arts. These two agencies were created by Congress to pass yj public building projects in the Capital. The law creating the Jefferson Memorial Commission did not require approval of the plans by these two bodies, the meeting was told by Fran cis P. Sullivan of Washington, chair man of the Committee on the Na tional Capital. ' I he House Library Committee will act in executive session next Tuesday on a bill by Chairman Keller providing for selection of a design for the Thomas Jefferson Memorial through architectural competition, instead of leaving it up to the Memorial Commission. The committee heard testimony of experts supporting the measure at a one-day hearing yesterday.) Plans for the memorial, a Pan theon-like building to be erected near the Capitol, were published about a year ago. Mr. Sullivan said, and oppo sition first developed because "the proposed design would destroy a large number of the Japanese cherry trees planted.around the Tidal Basin.” "It now appears.” he said, “that neither the original scene nor the scheme now proposed have been whole heartedly concurred in by the two commissions. "These commissions were estab lished by law to deal with precisely this type of problem and are com posed of recognized experts in their fields, whose opinion would be en titled to the most respectful consid eration regardless of their official po sition." There seemed to be a general feel ing among the architects that the congressional committee in charge of the memorial plans was attempting to handle, in a non-professional man ner, a problem which required the attention of trained men. Mr. Sullivan said legislation was now pending which would require sub mission of the plans to the Federal commissions. China to Launch Loan. HANKOW, China, April 22 UP).—1The Chinese ministry of finance announced today it would float a national defense loan of 500.000.000 Chinese dollars (about 1135.000,000) on May 1. NAZZERAINO MAGNATERRA. —Star Staff Photo. found a small truck loadpd with empty 5-gallon cans and sacks of sugar. The raiders, who carried a search warrant issued by United Slates Com missioner Needham C. Turnage, said the house had been occupied about a month and a half. They said they became suspicious when they saw quantities of sugar and other com modities used In the manufacture of whisky being taken into the house. The raiding party, composed of six men from the Alcohol Tax Unit, Treas ury Department, and two from the Metropolitan Police vice squad, went to the house at 6 o'clock this morning. When they knocked, they said the woman came to the door in pajamas, took a look at them through the glass and then ran upstairs, _ Breaking the glass and opening the i See STILL, Page A-7.) E IS MADE SECRET Magill and Group’s Aides Ejected—Definite Bids to Compromise Seen. BACKGROUND— Senate and House conferees have been deadlocked on tar legislation. House bill, which President Roose velt favors, mould retain in modi fied form present theories of taring undistributed corporate profits and capital gains. Senate measure would drop both forms in fawir of flat rates. Senator Byrnes. Demo crat. of South Carolina submitted preliminary report urging adoption of Senate plan.\ BULLETIN. Senator Vandenberg. Republican, of Michigan, predicted agreement would be reached by conferees on the Revenue Act as he left the closed session shortly before 2 p m. today. By JOHN C. HENRY. Deadlocked House and Senate con ] ferees on the Revenue Act of 1938 took the unusual action of ejecting all | technical assistants and committee aides as they resumed consideration j of the controversial legislation in com ! plete secrecy. Among nearly a score of technical advisers and consultants who were asked to leave the conference room was Undersecretary of the Treasury Roswell Magill. Although none of the conferees would Indicate on arriving for the session what was contemplated, the unusual action was interpreted to mean that definite compromise offers were being made and some plain talk exchanged. The deadlock has existed since a week ago Wednesday, with the confer ences in recess for the past three days. No indication has come from com mittee members that their minds have changed on the deadlocked issues of the capital gains and undis tributed corporate profits tax, but the cause of the Senate group is believed strengthened somewhat by the recom mendation of the Senate Unemploy ment Committee that the Senate ver sion of these two levies be accepted. Since the recommendation was based directly on a mass of nearly unanimous testimony of economists and business spokesmen. It is expected to carry some weight with the tax conferees. A further hopeful sign has, been the repeated prediction of Chairman Doughton of the House group that there will be a bill, without absolute surrender by either conference faction. The Senate bill would substitute a flat 18 per cent income tax for the undistributed corporate profits levy and a flat 15 per cent tax for the present complicated capital gains schedule. The House, supported by the President, would modify the pres ent rate schedules but would retain present principles. Tippetts’ Parents Disagreed Over Discipline, Suit Reveals Tne parents of Ellis and Ellsworth Tippett, youthful bandits recently sentenced to long prison terms, were unable to agree on measures for disci plining their children, it was dis closed in District Court today. The mother, Mrs. Alpha Virginia Tippett, 500 Eleventh street N.E., some time ago filed suit for divorce from Bradley J. Tippett, St. Elisa beth's Hospital employe. In an answer filed today the boys’ father asserted his wife continually inter fered with his efforts to discipline the boys and advised them to dis obey him. He told the court Mrs. Tippett “never permitted him to correct or have any control over their children: that if he tried to do so in that he would advise them not to do certain things, she would tell them to pay no attention to him, using vile lan guage in so doing.” The Tippetts were married in 1911, i and have four sons—Wilmer, 24; Wade, 22; Ellis, 20, and EH is worth, 17. Asking a divorce and $75 a month alimony, Mrs. Tippett said she and her husband separated in October, 1937. She charged Mr. Tippett struck and cursed her, and at one time held a shotgun against her. She said she was saved by her sons. Mrs. Tippett is represented by Attor neys Alvin Newmyer and David O. Bress, while Attorney D. Edward Clarke is acting for the husband. The Tippett boys, arrested at a hotel at Woodbridge, Va., a few days after committing seven hold-ups in a half hour on the night of January 1JJ, were sentenced by Judge Jesse C. Adkins April 8. Ellsworth, who pleaded guilty to the robbery charges, received a sen tence of from 10 to 25 years. Ellis, who denied his guilt, was convicted of par ticipation in the robbery of a filling station on Benning road, and was sen tenced to a term of from 11 to 26 years. A 1936 G. 0. P. Nominee Says Adequate Tax Program Must Be Provided. PRESIDENT IS DECLARED ‘GAMBLING’ BY POLICY Places Recovery Hope in Congress. Holds Nation Is Again on Inflationary Course. ! By ihp Associated Press. TOPEKA, Kans., April 22—Alf M. ' Landon called upon "an articulate citi , zenry” today to make it clear to Congress that "thus huge appropria tion” proposed in President Roose velt's new recovery program must be met by adequate tax provisions. The 1936 Republican presidential nominee, in an address prepared for delivery to the Optimist Club, said the President’s proposal has ended the "period of uncertainty" as to the Government's fiscal policy. The speech was read by State Supreme Court i Justice Hugo T. Wedell after Mr. Lan- i don was railed to Kansas City by the illness of his father. John M. Landon. Mr. Landon canceled the engage- j ment on learning that his father. ! John M. Landon. hao suffered a heart ; attack in Kansas City. The speech was read by Hugo T. Wedell, Kansas Supreme Court justice. "We are again upon an inflationary 1 course.” the prepared address said. "If every time there is a recession ! in business, the only way out that a government can find is a further huge expenditure program to be ap plied on top of expenditures already too great, then we shall go bankrupt. “If the Government spends money, it must collect revenues to match the expenditures. * * * "It is not yet too late to pull up and save ourselves and pay our honest j debts. We can pay the public debt I of these United States if we are honest | and economical. But we will have to ; economize—we will have to stop our I spendthrift course.” 1 Places Hope In Congress. The Nation's hope, he said, "lies in Congress, backed by an articulate citizenry, to continue to take action and assume leadership. "Congress must decide if we ar» to take the hard road, or if we shall dash gaily and blindly into this in toxicated hilarity of inflation by meet ing our current expenditures for the ninth successive year with I. O. U.'s.” All responsibility. Mr. Landon said, must not be placed upor Congress, and the citizenry must not be • indif ferent." "It has already been proven conclu sively that when the people want something, and want it badly enough, they can get the Congress to follow their directions. • • • "If those who are against these in flationary measures haven't the cour age to say so openly, they can't blame their representatives in Congress for listening to the clamor for more reck less spending.” President Declared Gambling. President Roosevelt "is gambling," he said, “that he can raise the national Income by a policy of Government spending. "But thus program is the opposite pledged by his Secretary of Treasury only five months ago. With several ways to check the depression, the President has chosen the one that the record of his administration show's will not work.” Recovery irom an unsound fiscal policy cannot be accomplished in "the short ‘breathing spells' which the ad ministration threateningly allowed business," Mr. Landon said. “The further we go in the direction we are now heading the longer and more severe will be the period of suf fering when we attempt to go into re verse—or, if we do not reverse, when we come to the inevitable crash.” Even without accompanying infla tionary steps, he said, any spending program by the Federal Government is in itself inflationary "The German inflation took eight years to destroy 90 per cent of the mark without the German people realizing what was going on. Then came the dramatic period * * * which wiped out most of the rest of the mark,” Mr. Landon cited an example. ^ Departs for Charleston Next Friday for Ten Days’ Rest at Sea. By J. RUSSELL YOUNG. Barring unforeseen events, President Roosevelt will leave Washington next Friday for Charleston. S. C., where he go aboard the U. S. S. Philadel phia. one of the new Navy cruisers, to enjoy a week or 10 days' rest at sea. In making this known at his press conference today the President said he still hopes to take a cruise to the Pa cific Ocean which will afford him an opportunity to visit several of the South American countries on the West Coast. He made this statement in response to newspaper reports that Norman Armour, the new United States Ambas sador to Chile, had informed Presi dent Alessandri that Mr. Roosevelt was contemplating a visit to Chile Mr. Roosevelt said today there was nothing definite about such a Journey. He added that it was merely a wish that he teas had ever since he entered the White House. The President and a small party of friends will spend this week end cruis ing on the lower Potomac River and Chesapeake Bay aboard the Presi dential yacht Potomac. He will leave the Washington Navy Yard shortly after noon tomorrow and plans to re turn to the White House early Sun- ! day night. Speaking about his forthcoming: cruise on the Atlantic Ocean, the President said he hopes it will afford nim time to catch up on his reading of reports made during the past few weeks by serious commissions, investi gating boards and departmental heads. It is passible, too, that he will in dulge in some deep sea fishing. He will not take along the presidential yacht Potomac for this purpose as has been his custom in the past, but if he does fish, it will be from one of the small launches from the cruiser. The President also said he is an xious to inspect the cruiser Phila delphia. which recently was added to the active list of the Navy and is one of the mast modern cruisers afloat. The President will make the jour ney to Charleston, S. C, aboard a special train, and it is expected he will view the azalea display in and around Charleston before going aboard , the cruiser. -» Spencer to Retire, • SAN FRANCISCO. April 22 Comdr. Earl Winfield Spencer, first husband of the Duchess of Windsor, will be retired from the United States j Navy June 30, naval headquarters here said today. Page Page. Amusements C-l# Radio _ ,.C-4 Comics ... C-8-9 Short Story..B-8 Editorials .. A-19 Society_ B-3 Finance _A-17 Sports c-1-3 Lost* Found C-4 Woman’s Pg. B-12 Obituary_A-12 NATIONAL. U. S. agents seize suspect in Levine ex tortion case. Page A-l Roosevelt plans sea trip next week on Navy cruisers. Page A-l Roosevelt order opens tax returns to probers. Page A-2 Administration gears credit inflation to $50,000,000 per week. Page A-2 House committees plan national de fense survey. Page A-I Violence is directed at C. I. O. in crab meat pickers’ strike. Page A-7 Rebel fleet captures loyalist militiamen in boats. Page A-7 WASHINGTON AND VICINITY. Jefferson Memorial location and design hit by architects. Page A-l Police probe Nation-wide plot to pass counterfeit checks. Page A-2 Rumanian Legation financial counsel lor called back home. Page l\-7 Two pilgrimages mark day for D. A. R. convention. Page A-5 House group studies plan for Potomac tunnels. Page B-l Probe of O. H. A. to be demanded in House resolution. Page B-l Roosevelt supports plan for Army med ical library. Page B-l Harvard president addresses editors at parley here. Page B-l War veteran, father of §, hangs self on Monastery grounds. Page B-l ( V Summary of Today s Star EDITORIAL AND COMMENT. Editorials. Page A-10 This and That. Page A-10 Political Mill. Page A-10 Washington Observations. Page A-10 Answers to Questions. Page A-10 The Capital Parade. PageA-11 David Lawrence. Page A-ll Dorothy Thompson. Page A-ll Constantine Brown. PageA-11 Lemuel Parton. PageA-11 SPORTS. Several ace hurlers in new crop, early games indicate. Page C-l Yankee series to test Nationals’ switch line-up. Page C-l Cunningham mile race tomorrow has all Kansas agog. Page C-l Terps to stage baseball-lacrosse twin bill tomorrow. Page c-2 Mrs. Moody's return to tennis proves lure of sport. Page C-3 FINANCIAL. United States bonds lead rally (table). Page A-17 Retail trade declines. Page A-17 Freight loadings gain. Page A-17 Stocks advance (table). Page A-18 Curb utilities rise (table). Page A-19 Du Pont earnings drop. Page A-19 MISCELLANY. Nature’s Children. Page B-7 City News in Brief. PageB-10 Shipping News. Page B-10 Vital Statistics. PageB-10 Bedtime Story. Page C-8 Letter-Out. Page C-8 Cross-word Puzzle. ' Page C-8 Contract Bridge. Page C-9 * POLLING BOOTH HA.HA! IDON'tA HAVE To STAY with You Guys I'LLTAKE our My CITIZENSHIP / ^ PAPERS I y OM THE SIDEILINE.S flk.NOV.3 1336 1 —^4V—r AMERICANIZE THE WASHINGTONIAN. 52,2/4.007 Paid By Japan for Panay Sinking Ambassador Grew Asks Data on Status of Oil. By thr Associatrd Press. TOKIO. April 22.—The Japanese government today handed over to the United States a check for S2.214.007.36. payment of indemnity for sinking by Japanese of the American gunboat Panay in the Yangtze River above Nanking last December 12. Four Oc cidentals were killed. The American Ambassador, Joseph C. Grew, meanwhile handed to the foreign office a note requesting in formation on the status of the oil industry in North China. The Chugai Shogyo Shimpo. Tokio commercial newspaper, reported on Tuesday that a Japanese Army or Navy officer would head an oil com pany to monopolize the petroleum products market in North China. Texaco. Standard Oil and Asiatic Pe troleum Co.. Ltd. (Shell), have con trolled about 90 per cent of the North China market. The newspaper said they would be invited to join the new company and receive 15 per cent of the total shares. Capitalization would be about *5, 800.000. --~ • HORACE E. DODGE SUES FOR DIVORCE Lawyers Reveal Filing of Suit Charging Cruelty—Allowance Put at $30,000 a Year. Rv thp A.c'ociatert Press. DETROIT. April 22.—Attorneys for Horace E. Dodge, son of the late auto mobile manufacturer, disclosed today he has filed suit for divorce from Muriel Sisman Dodge, to whom he was married in London, England, in 1928. The complaint charges cruelty, al leging Mrs. Dodge made disparaging remarks about him in the presence of other persons. It sets forth he gave her an allowance of $30,000 a year. The Dodges, who have two children, both born in London, became estranged in 1934. Pour subsequent suits by Mrs. Dodge were settled out of court and terms never made public. Mr. Dodge was divorced in 1927 from his first wife, the former Lois Knowl ton. by whom he had two children. Delphine and Horace E. Dodge III. He had made a $10,000,000 settlement on her. --•---__ MYSTERY ‘DESTROYERS’ JAPANESE WHALERS Captain of Fleet Explains Reports of Strange Craft Reported in Davao Bay. By the Associated Press. TOKIO. April 22.—A Japanese whaling ship captain tonight offered an explanation of recent reports from the Philippine Islands that some 20 mysteriqus “destroyers," presumably Japanese, had been sighted off Davao Bay. Kantaro Okamoto. captain of a W'haling depot ship belonging to the Oceanic Whaling Co., said the vessels actually were the 17 small whaling ships of the flotilla his vessel served. He said the depot ship refueled the flotilla near Cape San Augustine, SUSPECT SEIZED U. S. Agent Says One-Time Marine Not a Party to Kidnaping. B- he Associated Press. CHICAGO, April 22—Federal agents announced today the arrest of Charles Edmund Lavendar, 30-vear old musician, on charges of attempt ing to extort $30,000 from Murray Levine, father of 12-year-old Peter Levine *ho has been missing from his New Rochelle, N. Y., home since Feb ruary 24. D. M. Ladd, agent in charge of the Chicago office of the Federal Bureau of Investigation, said Lavendar “un doubtedly" had no connection with the kidnaping of the boy. He said Lavendar formerly lived in Berkeley. Calif., and was once in the Marine Corps. Ladd said Lavendar sent a letter to | the elder Levine on April 14. Instruct ing him to register at a Chicago Hotel under the name “J. P. Smith." The letter, Ladd said, directed Levine to bring $30,000 in small bills and in two packages, one containing $29,000 and the other $1,000. A Federal agent, masquerading as Levine, registered at the hotel and was instructed in a telephone mes sage to make a “contact" at Harrison and Halsted streets, on the near West Side. Gets Another Message. All hough the agent walked for about a mile on Halsted street, no contact was established, but when he returned to the hotel a new message directed him to appear at Clark and Lake streets, on the north edge of the Loop. There, Ladd said, the agent was accosted by Lavendar. With other G-men the agent made the arrest. Ladd said Lavendar readily ad mitted he conceived the extortion plot after reading of Peter's disappearance. He said the captive, a musician and ~ (See LEVINE,-Page A-6.) -• AMNESIA VICTIM IDENTIFIES SELF Man Who Gave Away $100 Bills in Richmond Says His Hobby Is Jewelry. By the Associated Press. RICHMOND. Va.. April 22 —A well dressed man who talked of thousand dollar bills and gave away notes of $100 denomination on Richmond streets, recovered today from an attack of am nesia and announced he was Dr. Michael Erim Brooks. Los Angeles psychiatrist and friend of Aimee Sem ple MacPherson. "I must have been wandering around since March 20.” he said, "be cause the last I remember until now is of walking from my apartment to my office in Los Angeles with about $25,000 in cash and a handful of un set jewelry in my pocket.” He ex plained that he sometimes bought and sold Jewelry as a hobby. He was placed by police in the City Jail Hospital after he was found wan dering about the street here yesterday. Detectives said they found in his fash ionable clothes a diamond-studded watch, two diamond rings and a foun tain pen engraved with the inscription “Dr. M. E. Brooks.” i,000 Tickets to Nats Game Offered in Clean-Up Campaign Four thousand tickets to an Ameri can League baseball game at Griffith Stadium are offered today to Wash ington boys and girls of 12 years or older who do a real job in the Junior Board of Commerce city-wide clean up campaign. A free game for youthful clean-up workers is made possible by the Washington Baseball Club through Secretary Edward Eynon. The ticket plan will be carried out by the Junior Board, The Star, the District Play ground Department and organized boys’ clubs and Boy and Girl Scouts. Today and every day next week The Star will print a clean-up cam paign baseball coupon, to be clipped by school children and filled out as * directed when the special clean-up jobs—at home, on the playground or on neighborhood lots—are finished. The first 4,000 boys and girls to do their work and get their coupons signed and stamped will be admitted to Griffith Stadium on Clean-up Day, for which the date will be set later. Clean-up Day will come after the campaign is finished and school is out, leaving the way clear for an afternoon of baseball and fun in the Griffith plant on Georgia avenue. Now, here's what must be done to win a free baseball ticket: |Work at home, painting, fixing up or planting, including any of these jobs: (1> Painting the steps, porch, (See CAMPAIGN, Page A-6.) *« OF BUSINESS TAX UPHELD IN TEST Municipal Court Backs D. C. in Action Brought by Neild & Sauerhoff. • ————— $245 REFUND REFUSED PRODUCE WHOLESALERS Firm Challenged Congress' Right to Impose Levy on Business Outside of City. BACKGROUND— Considerable protest by mer chants and the filing of a number of suits followed enactment of Dis trict business privilege tax in Reve nue Act for 1937-38 fiscal year, with provision that gross receipts on business transacted here were tax able even though interstate com merce was involved. The District government won a vic tory in Municipal Court today in the first court decision testing the con stitutionality of the interstate phase of the District Business Privilege Tax Act of 1937. Judge Ellen K. Racdy upheld a motion by Special Assistant Corpora tion Counsel Jo V. Morgan for dis missal of a suit brought by Neild & Sauerhoff. produce wholesalers of 1303 Water street S.W., who sought to com pel the District to refund a tax of $245.92. including penalties. The con cern had paid the bill under duress on January 3. when warned by the Dis trict its license to continue in busi ness would be revoked unless the bill was paid by that time. Attorneys anticipated that the plain tiff would appeal the case to the United States Court of Appeals for the District. Earlier Tests in Court A number of suits previously had been rarned to court testing the in terstate phase of the tax act. but they were moves to enjoin the District from collecting the tax and were de feated on that ground. Attorneys, therefore, regarded the Neild & Sauer hoff cases as an important first test of the act. The interstate question arises because the tax is imposed on gross receipts on business transacted in the District, although interstate commerce may be involved. The plaintitff contended the tax should be refunded for three reasons: {11 Because it was imposed on gross receipts of the firm, a substantial portion of which came from interstate commerce, and that Congress, when legislating for the District, had no right to impose a tax on interstate commerce. (2) On the ground the tax was ' retroactive'1 in that it was measured by gross receipts of the firm for 1936. < 3 > Because the tax was ‘'discrim inatory,” in that while the entire gross receipts of wholesalers were included in the tax calculation, only the gross j commission was involved in calcula tion of the tax on commission mer chants. District Denies Burden. Thp District contended the tax was not a burden on interstate commerce, but that if it were it would not be unconstitutional because Congress in legislation for the District, as distin guished from that for the States, has the power to impose a tax on interstate commerce. The District's counsel also con tended that the tax was not retroac tive, but merely measured by gross receipts of 1936. The District also claimed there was no discrimination so long as the tax applied alike to all wholesalers on one hand, and applied equitably on commission merchants as a different class. Judge Raedy did not give a written opinion, but merely sustained the mo tion by District counsel. PERSHING WILL BRAVE WEATHER FOR WEDDING General Will See Son Married Despite Drenching Rains in New York City. By the Associated Press. NEW YORK. April 22—Occasional rains and dreary skies were New York's portion today, but the weather would not deter Gen. John J. Pershing from attending the wedding of his son, his physicians said. "The wedding plans will go on as scheduled." one of his physicians said. "The general will attend in spite of the weather.” Sales Market Washington is an outstanding sales market not only on ac count of its thousands of visitors at this time but because of the high average earnings of its permanent population. The annual retail sales in Washington are given as $330, 813,000, and The Star’s thorough coverage of this rich market ac counts for the volume of adver tising in its columns. Yesterday’s Advertising (Local Display) Linn. The Evening Star.61,368 2d Newspaper_21,897 3d Newspaper..16,337 4th Newspaper_11,546 5th Newspaper..5,759 Total 4 Other Papers..55,539 It is estimated that there are approximately 150,000 families in the District of Columbia and The Star is read In the great majority of their homes.