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WEATHER. <U. 8. Weather Bureau Forecast.) Generally fair tonight and tomorrow; not much change in temperature; lowest tonight about 45 degrees; gentle shifting winds becoming northerly. Temperatures today—Highest, 75, at 3 p.m.; lowest, 42, at 5 a.m. Full repor- on page A-2. Closing N.Y. Markets—Sales—Page 16 The only evening paper in Washington with the Associated Press News and Wirephoto Services. (A*) Meant Aeeociated Prate. 86th YEAR. No. 34,327. WASHINGTON, D. C., MONDAY, APRIL 25, 1938—THIRTY-FOUR PAGES. Entered as second class matter rn i j n|,s / M/VTCJ post office, Washington. D. C. ■ *1 ** Fj ' TjA llo. It Is Not So Much Amount But Way It Is Spent, Asserts Burke. EARLY RAILROAD PARLEY IS SOUGHT BY WHEELER Montanan Feels Carriers Should Be Included in General Pump Priming. B» the Associated Press. A proposal to require congressional approval of public works projects orig inated today among Senate opponents of the administration's spend-and lend program. Senator Burke, Democrat, of Ne braska. declared the amount spent is not so important as the way it is spent. • "I am opposed to voting blank check appropriations.'' he said, add ing he also favored turning the ad ministration of relief bark to the States, a change supported by most Republican legislators. A House subcommittee, consider ing the administration's relief and pump-priming proposals, heard testi mony this morning from Farm Se curity Administration officials. Secretary Ickes, chief of the Public Works Administration, and Harry Hopkins, head of the Works Progress Administration, conferred with Presi dent Roosevelt 45 minutes this morn ing on the new spending and lending plans, but declined to say just what phases of the program they had taken up. Talking of Scrapping Plan. Some opponents of the President's recommendations talked of scrapping entirely his proposal for a billion-dol lar renewal of public works loans and grants to city and State projects. They contended with Chairman Glass, Democrat, of Virginia, of the Senate Appropriations Committee that the Reconstruction Finance Corp. could handle all essential lending in a businesslike manner. They said the R. F. C.’s lending power could be increased, if necessary, from the new $1,500,000,000 total to $3,000,000,000. The President's lieutenants, on the other hand, declared the entire pro gram would go through Congress in its original form. Senator Wheeler, Democrat, of Montana, who has been conducting Investigations of railroad financing, said financial aid for the railroads should be included in the general pump-priming program. Seeks Early Parley. Declaring this would be the best method of helping the carriers at the 1938 session of Congress. Senator Wheeler sought an early conference i with House leaders and representa tives of railroad management and j labor to work out details. He said lie would discuss equipment loans for the carriers, R. F. C. loans for ‘'border-line” roads, a work-relief program for furloughed railroad workers and other financial help. The Montana Senator said he planned to make special studies this j summer for a long-range railroad pro gram. He declared that if the railroads had reduced top-heavy capitalizations in 1929, "they would have been in a better position today and would not be facing another crisis.” -• JAPANESE GRILLING U. S. AVIATOR AGAIN Will Decide When they Finish Whether to Indict Gibbon for Aiding China. By the Associated Press. YOKOHAMA, April $5. — Elwyn Gibbon, American aviator, was in for another grilling by Japanese author ities today about his alleged activ ities with the Chinese air force. When they finish questioning the 27-year-old pilot, the Japanese indi cated, they will decide whether to in dict him under a stringent law dealing with "impeding the public safety." Violation of this law carries heavy penalties, the maximum being death or life imprisonment. Gibbon was arrested Friday when he arrived on the liner Empress of Asia, en route to Vancouver, British Columbia. It was learned that the „ Japanese secret service originally was less interested in Gibbon himself than in information he might possess about the Chinese air force. For this reason he was first taken from the liner to the best hotel in Yokohama, instead of the police sta tion. Reliable sources said the agents tried to "create an atmosphere of friendliness and cordiality" while ex amining him. During the questioning, a sumptuous dinner was served. Grew Acts to Aid Gibbon. By the Associated Press. Joseph C. Grew, American Ambas sador in Tokio, has formally asked the Japanese foreign office why Mel vin Gibbon, American aviator, is being held by Japanese authorities. Mr. Grew advised the State De partment of this step today. Another dispatch stated that Consul Richard F. Boyce, Yokohama, was keeping in close touch with developments. BULLETIN The House, reversing two earlier decisions, today approved a $2,613, 000 appropriation to start construc tion ci a Tennessee Valley Author ity dam near Gilbertsville, Ky. It agreed on a 159-152 roll call vote to the expenditure the Senate had insisted on for two months. A 1 Under Knife GEN. DAWES IS STRICKEN WITH APPENDICITIS. BRIG. GEN. CHARLES G. DAWES. __ By ihe Associated Press. NEW YORK, April 2ft.—Roosevelt Hospital officials disclosed today that Brig. Gen. Charles Gates Dawes, for mer Vice President, who was taken suddenly ill yesterday, had been operated on for "acute suppurative appendicitis.” Gen. Dawes, who will be 73 years old on August 27, came to New York from Chicago to attend the wedding of Francis Warren Pershing, son of Gen. John J. Pershing, and Muriel Bache Richards. The attending physician Is Dr. Henry W. Cave. Mrs. Dawes is In New York with her husband. Mrs. Charles Hanna of Montclair, N. J., wife of a New York Clearing House official, who accompanied Mri Dawes to the hospital, said the gen eral had spent a "good night" and was "doing fine." "They had an awful time getting his pipe away from him before the operation," Mrs. Hanna said, remark ing that it indicated to her he was in his customary spirits. A. F. IMS NEW C.L (LEMONS Charters for Rival Unions Also May Be Discussed At Meeting Here. BACKGROUND— For more than two years, Amer ican labor has been torn by dissen sion, one wing led by the powerful Mine Workers’ Union going into the mass production industries and setting up the Committee for In dustrial Organization in opposition to the American Federation of La bor. Recurrent peace-making ef forts have been made, but the on’v result has been to widen the breach. Bjr the Associated Press. Leaders of the American Federation of Labor, here for an Executive Coun cil meeting, talked today of dismiss ing more C. I. O. unions from their ranks. Although the Federation officials professed not to know specifically what their next move would be in the civil war between the A. F. of L. and John L. Lewis' C. I. O., they recalled that Lewis' own union—the United Mine Workers—w'as ousted from A. F. of L. ranks last January. The Mine, Mill and Smelter Work ers and the Federation of Flat Glass Workers were expelled at the same time. Seven other C. I. O. affiliates, including the United Textile Workers, were left suspended but still tech nically members of the A. F. of L. The chartering of rival unions, which would bid for dominance in fields already occupied by C. I. O. groups, also may be discussed. Coun cil members considered issuing char ters to the Progressive Miners of America, a rival to Lewis’ United Mine Workers in Illinois, and to the Blue Card Union of Metal Miners, a rival of the C. I. O. Mine, Mill and Smelter Workers in the tri-State district of Missouri, Oklahoma and Kansas. Some of the labor leaders talked of advocating a federal spending pro gram even greater than the $4,500, 000,000 pump-priming and relief sys tem proposed by President Roosevelt. JAPAN REPORTED RECALLING CHIEF FROM SHANTUNG Gen. Terauchi Is Declared Withdrawn as Result of Defeat. NIPPONESE WIPING OUT TAIERHCHWANG LOSSES 15 Troop Trains Rolling South From Tientsin to Support Drive on Suchow. BACKGROUND— After heavy defeat in Taierh chwang sector of central Chinese front Japan has rushed new thou sands of reinforcements to holster offensive against strategic city of Suchow and the east-west Lunghai Railway, which is heart of corri dor dividing North China and Yangtze Valley conquests. By the Associated Press. SHANGHAI, April 25.—Reports of a change in the Japanese command in North China as a result of the disastrous Taierhchwang defeat co incided today with fresh Japanese ad vances in the drive to wipe out the stain of that reverse. The American-owned Shanghai Evening Post and Mercury said Gen. Count Juichi Terauchi, commanding in North China since early in the war, had been recalled to Japan and been succeeded by Lieut. Gen. Jun Ushiromiya. known as one of Japan's greatest tacticians. The Japanese army spokesman in Shanghai denied reports of a change in command. (The Tokio war office said they were "groundless.'’) Japan Drives Southward. Japan's strongly reinforced armies drove southward close to the vital east-west Lunghai Railway, attack ing Pihsien. 12 miles north of Yunho, where the Lunghai crosses the Grand Canal, and an equal distance southeast of Taierhchwang, scene of China's re cent victory. The attacking column had crossed from Shantung Province into Kiangsu and raptured two villages on the out skirts of Pihsien. An American mis sionary, W. S. Junkin of Lexington. Va.. is reported at Pihsien. The Japanese offensive extended along a 50-mile front east and west of Pihsien. Fifteen troop trains were rolling southward from Tientsin with fresh troops for the drive. Gen. Ushiromiya held high office in the Tokio war office until last Oc tober, when he was sent to China to take “an Important post In connection with the China incident.” Hitherto there has been no explanation of that assignment. Gen. Terauchi had been responsible for the Japanese drive through Shan tung Province which the Chinese hurled back at Taierhchwang. Neu tral experts pronounced that the first major defeat in Japan's modern mili tary history. In February Japan changed com manders in Central China, replacing Gen. Iwane Matsui by Gen. Shunro ku Hata. Recently the Japanese war minister, Gen. Gen Sugiyama. re turned to Tokio from a tour of the China battle zones. Whoever commands the Japanese on the southern Shantung front, the Evening Past and Mercury said he was called on to match strategy with China's German military advisers, chief of whom is Gen. Baron Alex ander von Falkenhausen. New Battle Due at Taierhchwang. A new battle for possession of Taierhchwang, war-despoiled South Shantung city where the Japanese suffered a disastrous defeat early in April, appeared imminent as the in vaders struggled to reach the Lunghai Railway. The Chinese, fighting desperately to check the Japanese offensive along the South Shantung border, declared Japan soon will have fully 300.000 soldiers engaged in their revitalized drive to capture Suchow. This strategic city, scarcely 40 miles southwest of Taierhchwang, is the junction point of the east-west Lung hai line and the Tientsin-Pukow line, running southward from Tientsin into the heart of Central China's rich agricultural region. Summary of Today's Star Page. Page. Amusements B-16 Radio _B-ll Comics ..B-14-13 Short Story... B-7 Editorials ... A-8 Society_ B-3 Finance -A-15 Sports A-12-13-14 Lost & Found B-ll Woman’s Pg. B-10 Obituary_A-10 FOREIGN. Japan reported recalling chief from Shantung. Page A-l Davila, ex-envoy of Rumania, may be come U. S. citizen. Page A-l Daladier warns French may force totalitarian rule. Page A-2 Need for planes problem of British statesmen. Page A-4 Nazis’ self-rule demands handed to Czechs. Page A-4 Hungarian Revisionist League shows marked gains. Page A-5 NATIONAL. Frank B. Noyes retires today as presi dent of A. P. Page A-l President sends tax exemption message to Congress. Page A-l W. P. A. opens investigation of Penn sylvania charges. Page A-l Opponents of spending ask Congress’ control over projects. Page A-l Monoply control and tax exemptions key to adjournment. Page A-7 WASHINGTON AND VICINITY. Mrs. Roosevelt approves suffrage poll here Saturday. Page A-l Three on trial in stolen jewelry trans portation case. Page A-2 C. S. Hamlin, first Federal Reserve governor, dies at 76. Page \-2 k 1 National Academy of Sciences opens spring meeting here. Page A-S Three dead, more than dozen hurt in Sunday traffic. Page B-l FINANCIAL. Bonds Irregular (Table.) Page A-15 U. S. Foreign Trade Soars. Page A-15 North American Net Smaller. Page A-16 Stocks feo Down. (Table) Page A-18 Curb Shares Lower. (Table) Page A-17 Lull Continues at Steel Plants. Page A-18 SPORTS Relief pitching now rated chief prob lem of Harris. Page A-12 New base ball helping pitchers in National League. Page A-12 Stagehand sentimental as well as form favorite for Derby. Page A-13 Amateurism of Budge challenged by press of New Zealand. Page A-14 EDITORIAL AND COMMENT Editorials. Page A-8 This and That. Page A-8 Washington Observations. Page A-8 Answern to Questions. Page A-8 The Capital Parade Page A-9 David Lawrence. Page A-9 Dorothy Thompson. Page A-9 Constantine Brown. Page A-9 Lemuel Parton. Page A-9 MISCELLANY. City News in Brief. Page B-8 Nature's Children. Page B-9 Vital Statistics. Page A-18 Shipping News. Page A-11 Bedtime Story. Page B-14 Letter-Out. Page B-14 Crossword Puzzle. Page B-14 Contract Bridge. F|ge B-15 FOR STOCKYARDS 6-1 Decision Is First That Might Be Considered a Rebuke to New Deal. INADEQUATE HEARING IS BASIS FOR VERDICT Municipal Bankruptcy Act Is Upheld Earlier. 5 to 4—Black Dissents in A. A. A. Case. BACKGROUND— Twenty-three months ago Su preme Court ruled. 5-4. that mu nicipal bankruptcy law passed by Congress in 1934 was unconstitu tional. Congress passed a new act to meet the court’s objection. Orig inal opinion was written by Justice McReynolds. Chief Justice Hughes and Justices Cardoso, Brandeis and Stone dissented. By JOHN H. CLINE. Rendering the first decision of this term that might be considered a re buke to the New Deal, the Supreme Court today set aside an order by Secretary of Agriculture Wallace pre scribing Kansas City stock yard rates on the ground that the business men affected by the order were not given a fair and adequate hearing. The court, in a 6-to-l opinion, said the question involved—the ade quacy of administrative hearings— was of great national importance in view of the increasing tendency of Congress to delegate powers to execu tive agencies. In an earlier decision the justices upheld the constitutionality of the re vised Bankruptcy Act The act was declared unconstitu tional bv an earlier 5-to-4 decision, but the Justices ruled today its constitu tional defect had been cured by an amendment adopted by Congress last year. The division among the justices in the Kansas City Stockyards case evoked comment, since Justice Bran deis and Stone, listed among the lib erals. sided with the majority against Justice Black, who dissented. He did not write a dissenting opinion. Justices Cardozo and Reed took no part in the consideration of the case. Reverse* District Court. The decision, delivered by Chief Jus tice Hughes, reversed the ruling of • three-Judge District Court, which had upheld the validity of the rates fixed by the Secretary and had dismissed 50 suits attacking them. The Chief Justice pointed out that prior to fixing of the rates, a hearing was held by employes of the Bureau of Animal Husbandry, a voluminous record being compiled. However, the rates were promulgated by the Sec retary without giving the packers affected by the order an opportunity to answer or contest the findings of the departmental employes. Holding that this failure violated the stipulation by Congress that a fair and open hearing should be held, the Chief Justice said: "The part taken by the Secretary himself in the departmental proceed ings is shown by his full and candid testimony. The evidence had been received before he took office. He did not hear the oral argument. The bulky record was placed upon his desk and he dipped into it from time to time to get its drift. He decided that probably the essence of the evi dence was contained in appellates' briefs. These, together with the transcript of the oral argument, he took home with him and read. He had several conferences wfth the so licitor of the department and with the officials in the Bureau of Animal Industry and discussed the proposed finding • * » More Is Required. "In the light of this testimony there is no occasion to discuss the extent to which the Secretary examined the evi dence, and we agree with the Gov ernment's contention that it was not the function of the court to probe the mental processes of the Secretary in reaching his conclusions if he gave the hearings which the law required. "The Secretary read the summary presented by appellates' briefs and he conferred with his subordinates who had sifted and analyzed the evidence. We assume that the Secretary suffi ciently understood its purport. But a ‘full hearing'—a fair and open hear ing—requires more than that. The right to a hearing embraces not only the right to present evidence, but also a reasonable opportunity to know the claims of the opposing party and t# meet them. The right to submit argu ments implies that opportunity; other wise the right may be but a barren one. "Those who are brought into con test with the Government in a quasl Judicial proceeding aimed at the con trol of their activities are entitled to be fairly advised of what the Govern ment proposes and to be heard upon its proposals before it issues its final command." Is Basic Necessity. The Chief Justice commented that the question of giving a fair hearing goes to the very foundation of the ac tion of administrative agencies en trusted by the Congress with broad control over activities which in their detail cannot be dealt with directly by the legislature. “The vast expansion of this field of administrative regula tion in response to the pressure of social needs,” he said, "is made possible under our system by adherence to the basic principles that the legislature shall appropriately determine the stan dards of administrative action and that in administrative proceedings of a quasi-judicial character, the liberty and property of the citizen shall be protected by the rudimentary require ments of fair play.” The Chief Justice concluded that “the maintenance of proper standards on the part of administrative agencies in the performance of their quasi judicial functions is of the highest (8ee COURTS, Pag^A-4 ) odiaA' A Maybe Mr. Ford will do the customary thing and place a wreath! NOYES RETIRES AS HEAD OF A. P. Precedent Is Broken by Voice Vote Election as Director. By the Associated Press. NEW YORK, April 25 —Frank B Noyes, retiring president of the Asso ciated Press, today was re-elected by acclamation to the Board of Directors at the 38th annual meeting of the As sociated Press membership. His re-election by voice vote broke precedent, as it is customary for board members to be selected by written ballot. E. P. Adler of the Davenport ilowa) Times, head of the Nominating Com mittee. put Mr. Noyes in nomination, saying: "I know that this is against the rules, but you will want to adopt this motion unanimously." John Stewart Bryan of the Rich mond, Va„ News-Leader, seconded the nomination, telling the members: “Let us do ourselves honor by elect ing him by acclamation." Mr. Noyes retired as president of the Associated Press with a last "gift" i from the membership—a pledge that the service would be rededicated "to the cause of truth in the news.” In a speech prepared for the A. P.’s annual luncheon, Paul Bellamy, edi tor of the Cleveland Plain Dealer, praised Mr. Noyes' unbroken tenure of 38 years in the presidency now ended, and told him: “* * * This is not farewell. It is not even au revoir. We are to have your counsel for many years more, but now is as good a time as. may ever come to tell you that the members of the Associated Press can never repay you for what you have so freely $iven us in the years of your leadership. "There is a gift we can give you today.” he said, "which will gladden your heart more than any other, and I think I know this membership well enough to say that we will give it. Rededicated to Truth. “We can and we do rededicate our | selves to the cause of truth in the ; news. This cause was never in direr I need of defenders than today. The march of events intensifies class dif ferences. The centrifugal forces which have split apart many a coun try in the past are at work among us. "One pressure group after another takes the center of the stage, each fanned into a fierce flame of endeavor by its leaders. Who. then, shall stand for America first and his own ‘ism’ second? Only that one, I suspect, who can see the country whole and know it as it really is, know all its parts and their relationship to each other, know what the entire adventure is about. "And how do we develop citizens of this order? Only by telling fully and truly what is going on. Public opin ion rules a democracy and news is the raw material of public opinion. “ * * • we shall tell the truth,” he added, “and more resolutely than ever. We shall do it because we love and honor you and the other founders of this great free news service. We shall do it because you have been right for 45 years. We shall do it because our own consciences impel us. We shall do it because our beloved country re quires us to keep the faith.” - Mr. Noyes announced his intention to retire last January. Now, nearly 75, he insisted that the presidency pass to younger hands. His successor (See NOYES, Page A^5.) ANGLO-IRISH PACT SIGNED IN LONDON Provisions of Agreement Aimed at Ending Enmity to Be Bevealed Tonight. By the Associated Press. LONDON, April 25.—Neville Cham berlain and Eamon de Valera, prime minister* of Great Britain and Ire land, today signed an agreement in tended to end old enmities between the two countries and solve their trade and defense disputes. The agreement, which falls to touch mi the larger issue of the partition of Ireland, was signed formally in the cabinet room at No. 10 Downing street. The pact, to be published tonight, is expected to put farm products of Ireland, the former Irish Free State, on the same preferential basis as Britain accords the Dominions. ___■__ - j Stamp Issued, But It Comes In Two Colors j The Post Office Department, having : announced that it would release one : new stamp today, took collectors by surprise and released two of the same design, but of different colors. Both varieties are the 1-cent George I Washington presidential issue values,; based on the prize winning composition of Elaine Rawlinson, New York artist. The first is printed in a rich blue green shade, the second in light yellow or apple green. Discovery of the distinction was; made by William A. Verhas. himself ; an artist skilled in color variations. BACKSVOTETEST; Preliminary Returns From! Forest Hills Citizens’ Poll Are Favorable. Mrs. Franklin D. Roosevelt today expressed approval of plans for the District of Columbia suffrage refer endum next Saturday. At her press conference Mrs. Roose velt declared she thought it always a good idea to give the people the chance to say what they think. Preliminary returns In a preliminary straw vote on suffrage for the Dis trict. conducted by the Forest Hills Citizens' Association, meanwhile, showed a majority in favor of both national representation and municipal suffrage. This was disclosed today by L. A. Carruthers. president of the associa tion. who also is president of the Fed eration of Citizens Associations. The straw vote is being conducted by the association by mail as a pre liminary to the suffrage plebiscite next Saturday. Only about 25 per cent of the membership has replied to date, but more cards are coming in daily Mr. Carruthers said. A special meeting «ef the association has been called tonight for considera tion of the question. "A full oppor tunity," Mr. Carruthers said, “will be given to discuss the subject and the views of those members present will be taken and be compared with the views expressed through the ballot." The meeting will be held in the Ben W. Murch School. National Representation Result. Results of the straw vote by the Forest Hills people shows on the basis of early returns 80 per cent of those voting are in favor of national rep resentation, while 20 per cent are op posed to national representation. On the question of local suffrage 51 per cent have voted yes and 49 per cent no. The above figures include 11 per cent opposed to any form of suffrage. Meantime plans for handling the referendum vote next Saturday at 63 schoolhouses went forward in the hands of William H. Mondell, chair man of the Elections Committee of (See SUFFRAGE, Page~A^3l) W.P.A.OPENSQUIZ IN PENNSYLVANIA ‘Mass of Evidence’ Is Given to Prove Threats at Relief Workers. By >.he Assccialed Press. PHILADELPHIA. April 25— Fran cis Dryden, W. P. A. field representa tive. begaa today an investigation of Philadelphia Democratic Chairman John B. Kelly's charges of "political coercion" in Pennsylvania's Demo cratic primary fight. Mr. Kelly said Saturday he had affidavits to back up his charges that persons under United States Senator Joseph F. Guffey were "threatening" W. P. A. employes to line up votes for the Guffev-C. I. O. ticket in the May 17 primary. Mr. Dryden said he had not "looked over yet" what Mr. Kelly de scribed as a "mass of evidence,” in cluding the affidavits and a copy of a circular which the city Democratic chairman said contained a statement to the effect tht Senator Guffey was the the "W. P. A. boss” in Pennsyl vania. Mr. Kelly asserted the circulars were distributed to "all W. P. A. workers in the State with instructions to line up—or else." Mr. Dryden said he would report to Deputy W. P. A. Administrator Aubrey Williams, who ordered the inquiry. Mr. Kelly Is supporting a ticket headed by Gov. George H. Earle for United States Senator and Charles Alvin Jones of Pittsburgh for Gov ernor. This slate has Democratic State Committee backing. Guffey is campaigning tor a ticket, also backed by John L. Lewis and the C. I. O., which offers Mayor S. Davis Wilson of Philadelphia for Senator and Thomas Kennedy, Lieutenant Governor and secretary-treasurer of the United Mine Workers' Union, for Governor. INSTRUCTIONS EXPECTED. W. P. A. Field Investigator Says Trend •f Inquiry Depends on Hopkins. Malcolm Miller. W. P. A. field in vestigator for 11 Southern States, said in an interview last night that he expected to receive specific instruc tions today regarding his investigation of alleged irregularities in the Florida W. P. A. The W. P. A. ordered him to make a “thorough investigation” of charges that Mrs. R. L. Dowling, wife of a Florida conservation commissioner, was on the public pay roll as a district supervisor of the Florida tourist sur vey. a W. P. A. project. Asked if this investigation would be broadened to cover other charges (See PENNSYLVANIA. Page A-5.) Fire Bases Block. GAINESVILLE, Fla.,' April 25 OP).— Fire razed virtually an antire block in the business area of Gainesville today. Firemen battled more than three hours to extinguish the flames that resulted In damage. City Manager J. B. Mobley. jr„ said, might total "around a half million dollars.” Davila May Become U.S. Citizen After Dispute With Kins Carol By CONSTANTINE BROWN. Charles A. Davila, who until a few months ago. was Rumania's Minister to the United States, may take' out his naturalization papers shortly to become a citizen of this country. Mr. Davila resigned last winter be cause he could not agree with the dic tatorial policies of his sovereign, King Carol. Because of his attitude toward the new dictatorial regime in Rumania and his writings in newspapers and magazines outside his country, the irate Carol has decided to withdraw Mr. Davila's citizenship and confis cate his properties in Rumania. Thus, the former representative of Rumania may find himself a man without a country, like Einstein, Bruening and other European liberals who did not want to bow to the whims of the dic tators. If the intimations the former Ru manian diplomat has received that Carol intends to take this drastic step against him come true, Mr. Davila in tends to file the preliminary papers to become an American citizens. He feels that Carol has broken a pledge toward him and other Rumanian citi zens when he abrogated the const! tution and “plebiscited” himself into a full-fledged dictatorship. Under these circumstances he believes that his attacks on the King personally are more than justified and the sov ereign arbitrary decision to deprive him of his citizenship are arbitrary. M. Davila has lived in this country for a number of years and is fanatically Imbued with the democratic doctrines he has found here. In the event he loses the citizenship of Rumania he would want nothing better than to be come an American citizen. Technically this is possible. Although not 'quota immigrants’ foreign diplo mats are considered as bona fide resi dents even after they relinquish their official position. A number of former ambassadors, ministers and minor offi cials are at present resident of the United States, although they have lost their official status. All these men are entitled to become citizens, al though only a few have availed them selves of this privilege. The former Rumanian Minister, in the event he applies for naturaliza tion, would be the first high-ranking diplomat to become a full-fledged American citizen. M Urges Congress Vote End of State and Federal Plan of Exemptions. SYSTEM OUTMODED, HE SAYS IN MESSAGE Effective Action in ‘Short and Simple' Bill Is Possible at Once, He Declares. BACKGROUND— President Roosevelt has been as much of a pioneer in taxation as in social legislation. The undis tributed profits tax was his first notable deviation from established methods of raising revenue by tax ation of income. An attempt to insert a provision in the pending revenue bill calling for taxation of income from Federal securities, always tax-free, was beaten in Senate by one vote. A few days later Mr. Roosevelt promised a message on tax exemption. (Text of the President's message, page A-7.) By G. GOULD LINCOLN. President Roosevelt today proposed to Congress that it cut the Gordian knot which has hitherto obstructed reciprocal taxation of Federal, State and municipal securities and of Fed eral and State salaries. He recommended in a special mes sage "that effective action be promptly taken to terminate these tax exemptions for the future." "Such legislation ran, I believe, be enacted by a short and simple statute." said the President. “It would subject all future State and local bonds to existing Federal taxes, and it would confer similar powers on States in relation to future Federal issues." The same statute, the President said, could subject State and local employes to existing Federal income taxes, and the State would have simi lar power to levy income taxes on the salaries of Federal employes. Amendment Argument. In the past, it has been argued that a constitutional amendment would he necessary to permit such reciprocal taxation between the Federal Govern ment and the States. Admitting that court decisions have given a "policy ; of reciprocal immunity" so far as Fed eral. State and municipal bonds and l salaries are concerned, the President declared that recent opinions have given hope the court—which finally means the Supreme Court—would up hold such a law as he now proposes. The President's recommendation to Congress was made at a time when the Senate Judiciary Committee had before it a favorable report from a subcommittee on a proposed constitu tional amendment offered by Senator Byrd of Virginia, designed to accom plish the reciprocal taxation asked by the President. It was made, too. while the con ferees of the House and Senate were considering an amendment to the new revenue bill, offered by Senator Borah of Idaho and adopted by the Senate, proposing a tax on all future Government securities. Such an amendment was adopted before by the Senate, but was killed in con I ference on an earlier revenue bill. Hants Action Now. The language of the President's message was Interpreted as meaning that he believed the plan for recipro cal taxation of Federal and Slate and municipal securities and salaries should be written into law without further delay. Since he mentioned a "short and simple statute" as the means by which it should be done, the impression developed that the Borah amendment would probably be i stricken from the new and voluminous ; revenue bill and the matter tackled in a new bill confined to the one pur pose. The new bill would be an ad ministration measure. The President based his belief that a law permitting reciprocal taxation j on all Government securities and sal aries is constitutional on the language of the Sixteenth Amendment, the Fed eral income tax amendment. The Sixteenth Amendment, he pointed out. "expressly authorized the Congress 'to lay and collect taxes on incomes, from whatever sources de rived.’ "That is plain language.” said the President. Fairly construed this lan guage would seem to authorize taxa tion of income derived from State and municipal, as well as Federal bonds, and also income derived from State and municipal, as well as Federal offices.” Situation Held Changed. He commented that the courts had not followed this "seemingly obvious construction of the Sixteenth Amend ment.” Instead, the courts read into the amendment a "policy of reciprocal tax immunity.” Whatever advantages this reciprocal immunity have had in the early days of this Nation have long ago disappeared, the President insisted. Today this system of tax immunity has created a “vast reservoir of tax exempt securities in the hands of the very persons who equitably should net be relieved of taxes on their income,” | he said. This reservoir, he main tained, “now constitutes a serious menace to the fiscal systems of both | the States and the Nation,” which have come to rely upon graduated in come taxes for their revenues. The President's proposal does not apply to Government securities which have been issued by the Federal, State ~(See EXEMPTIONS. Page A-7.) Murder Suspect Shot. CONSHOHOCKEN. Pa.. April 25 (£*>.—A colored man who said he was John Saunders, 38, of Baltimore, was shot and critically wounded early to day while trying to escape from police who were searching for him in con nection wit ha killing in Mount Holly, N. O. .