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

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<0. S. Weather Bureau Porecaet.)
Showers tonight; tomorrow fair and
slightly cooler; moderate shifting winds,
becoming westerly late tonight. Temper
atures today—Highest, 83, at 2 p.m.; low
est, 60, at 4 a.m.
Full report on page A-2.
Closing N.Y. Markets—Sales—Page 22
The only evening paper
in Washington with the
Associated Press News
and Wirephoto Services.
Meant Associated Press.
86th YEAR. No. 34,337.
Entered as second class matter rnTJT>T?T /^TT'XTT’C!
post office, Washington. D. C. Jl Xli\iiiXJ VJ Xj i.\ J. C5.
11 of 30 Articles Are Put
in Force as Concession
to Army Leaders.
Chinese Claim New Captures in
Reported Near Peiping.
Japanese Diet in March passed
drastic law for mobilizing of all
Japan's resources in men and
wraith. Law was not to be used in
Chinese campaign, according to
promise made bp Premier Prince
Fumimaro Konopc, who faced re
mit of Parliament against centering
excessive war power in government.
By the Associated Press.
TOKIO. May 5.—The Japanese gov
ernment today invoked 11 of the 30
articles of the so-called "Nazi model”
rational mobilization law, giving the
government unlimited power to draft
Japan's manpower and economic re
sources in a war emergency.
The invocation was a concession to
army leaders, who demanded use of
the measure to intensify the campaign
In China.
The imperial ordinance promulgat
ing the law was printed in the official
gazette completing the last legal
formality. It applies to Japan proper.
Korea and Formosa.
Premier Prince Fumimaro Konoye
won passage of the law in the March
sitting of Parliament, but had promised
It would not be used in the present
conflict unless the military situation
became serious enough to warrant.
Sections of the law invoked require
police registration of all adults and
empower the government to examine
reports of any business.
Chinese Claim Matowchen.
SHANGHAI, May 5 An in
spired Chinese Army claimed capture
of Matowchen. walled town four miles
northwest of Tancheng. as continued
"rapid progress” was reported today
in erasing the second big Japanese
offensive in South Shantung Province.
Matowchen was considered by Chi
nese commanders the key to Tan
cheng, which had become the south
ernmost point of the Japanese ad
vance toward the Lunghai Railway,
15 miles away.
Tancheng was encircled and be
leaguered. Chinese said, though it had
formed the east side of a salient until
counter-offensives from the opposite
corner at Taierhchwang apparently
straightened out the battle line.
Japanese Retreat Elsewhere.
At the same time a sudden attack
by Gen. Miao Chen-Lieu's 57th Army j
was reported to have driven the
Japanese back toward Antungwei. on
the Yellow Sea, in a battle along the
Shantung-Kiangsu border. The at
tack relieved the threat of a Japa
nese thrust from the north at Hai
chow, seaport terminus of the Lunghai
Pressure was being increased on
Tancheng by a reinvigorated army,
which qualified foreign observers on
the war front said had doubled its
fighting efficiency and striking power
since it retired, an humbled and routed
rabble, from the shambles of Chapei
In Shanghai and from the central
government capital at Nanking.
A month ago it struck decisively at
Taierchwang. forcing a Japanese re
treat. the first major defeat of a
modern Japanese army.
The Japanese Army recoiled, but
gathered its forces and, greatly reirf
forced for a supreme effort to wipe
out the stain, renewed the drive to
connect its seaboard conquests from
Manchukuo to Hangchow Bay.
The Japanese took Lini, and re
ported their artillery within range of
the Lunghai Railway.
Chinese Change Tactics.
While Japanese superiority in ar
tillery, planes and mechanized equip
ment was still a powerful advantage,
observers on the front said Chinese
were adapting their tactics to minimize
their lack of equipment.
These tactics consisted of night at
tacks, when the Japanese were unable
to use their supporting arms effi
ciently in aid of the infantry, and
maneuvering of the Japanese into
hand-to-hand combat.
In these close encounters Chinese
used hand grenades and big swords
and made their numerical superiority
count, whereas the Japanese artillery
was useless.
Japanese naval aviation was report
ed busy with bombing attacks upon the
Lunghai Railway and five important
points along the Canton Railway.
Chinese said a bombing attack by
Japmne.se upon Kinhwa, capital of
Chekiang Province, resulted in 40
casualties and many houses destroyed.
Guerrillas Reported Near Peiping.
PEIPING, May 5 (/4s).—The windows
of this Japanese-held North China
city rattled today to what military au
thorities called ‘‘bombing practice” as
reliable foreign sources told of the
approach of Chinese guerrilla forces to
within a few miles of Peiping.
The guerrillas raided Langfang, less
than 30 miles southeast of Peiping on
the Peiping-Tientsin Railway, last
week and today were reported near
the Paomachang race course south
west of the city.
The ‘‘bombing practice” started yes
terday. All roads to the Marco Polo
Bridge area, where the Chinese-Japa
nese war broke out last July 7 were
closed to general traffic.
Army headquarters reiterated a
warning that nationals of third pow
ers in areas occupied by Japanese
forces would lose protection to their
lives and projjerty if they communi
cated military secrets to the enemy.
The army statement said some
third-power nationals, through ‘mis
directed sympathy," were disregarding
a similar warning of last October.
■ ' 4.
Hard-Riding Creditors Rope
Col. McCoy in6Last Round-Up’
~ 1
Show Disbanded After
a Poor Season in
Apathetic East.
It was the “last round-up" early to
day for the riders of Col. Tim McCoy's
Wild West Show.
Col. McCoy, like many a good
trouper before him, found that the
tanbark trail blazed by the great
Buffalo Bill was beset by sheriffs and
financial pitfalls.
The creditors closed in last night
after Col. McCoy had equipped his new
show’ at heavy expense and led his 400
or more retainers out of the West in
the face of a public no longer stam
peded by the lure of the Wild West.
The last round-up was staged early
today, under the glitter of electric
lights, which lined the tracks at
Eckington Freight Yards. The riders,
troupers and roustabouts formed a
long line which shuffled forward on
the pay car while lightning flashed,
thunder rumbled and swift showers
sent the dejected showmen scurrying
to cover.
300 Paid Off $5.
For many a stranded cowboy, gau
cho. "Bengal lancer” and “Australian
stockman.” there was but $5 in the
pay till, while the lesser employes had
to content themselves with $3. Some
300 men and women were paid off in
the last line while the money held
Where they were to go from here
remained a personal problem today for
scores of performers. Some planned
to hook- up with the “big show”—
Ringling Bros. & Barnum *. Bailey, due
(See CIRCUS, Page A-6.)
A little Indian miss of Can
ton. Okla., icith her baggage,
ready to return home after
disbanding of circus.
—Star Staff Photo.
Colt Running High Fever as
Result of Sore Throat
After Trial.
(Picture on Page A-2.)
By tlif Associated Press.
LOUISVILLE, Ky., May 5—Stage
hand was declared out of the Kentucky
Derby today by Maxwell Howard, Day
ton (Ohio) owner of the winter book
favorite. Howard said the colt de
veloped a high temperature last night
and showed no improvement this
Earl Sande, former premier Jockey
who has trained Stagehand and The
Chief for Howard, said he had not
entirely given up hope of winning the
Derby as The Chief is regarded as a
formidable runner. Sande added there
was still an outside chance that Stage
hand might come around in time to
run Saturday, but that if he didn’t run
in the Derby he would not be able to
compete in the Preakness May 14
Developed Sore Throat.
Sande said Stagehand, which fin
ished third to The Chief and Lawrin
in the Derby trial here Tuesday, came j
out of that race in fine shape, but
"Last night he started running a
temperature caused by a sore throat.
The fever reached as high as 104.2,
dropped this morning to 101, but then
went up again to 101.3.”
Howard declared the colt out after
consulting Sande, but the latter Indi
cated later he still held a faint hope by
saying: "While not serious, the horse's
condition is such that there is only an
outside chance of his getting to the
post. I do not believe in taking
chances with such a good horse.
“Even if he shows decided improve
ment within the next two or three
days, it will still mean X could not race
him in 10 days to two weeks, which
would mean he could not start in the
Sande added that with Stagehand
out, Jack Westrope, who had been
chosen to ride him in the Derby, would
be on The Chief.
Howard Issues Statement.
Howard issued this statement:
“As a protection to the public, whose
affection for Stagehand, the favorite
for the Kentucky Derby, has been
most unusual, owing to his recent Cali
fornia racing triumphs, I think it only
right and fair that the public should
have this information at once.
"Earl Sande, my trainer, has notified
me that Stagehand very suddenly de
veloped a fever, running as high as
104.2 degrees, and that Stagehand is
definitely out of the Derby. As the
Kentucky Derby is only two days away,
Sande does not think it advisable to
run so valuable a horse, even with
the slightest fever, and I concur in his
opinion and we can now only depend
on The Chief to carry our colors.”
-- —
$150,000,000 U.S. LOSS
Contingent and Potential Injury
to Trade Will Be Much
More, Club Asserts.
By the Associated Press.
NEW YORK, May 5—The Export
Managers’ Club of New York published
today the results of a survey estimat
ing America’s direct loss in the first
10 months of the Japanese invasion
of China at well over $150,000,000,
with contingent and potential losses
of a far greater amount.
O. O. Gallup, secretary of the club,
said: “The blow to American com
merce and industry due to the war in
China is far greater than is generally
realized in this country.”
The loss of $150,000,000, he said,
was estimated on the basis of damage
to United States property in China.
The survey estimated that 80 per
cent of the American companies doing
an export business with China have
been forced, at least temporarily, from
the field.
Husband of Mrs. Sue Fonda
and Two Other Men
Held by Police.
Three men were being held today
as police investigated the death of
Mrs. Sue Fonda. 50. whose body was
found on a fire escape landing two
floors beneath her apartment at 912
I street N.W7.
Among the prisoners was the wom
an's husband, Charles Fonda, 52,
Southern Railway clerk, who was
taken into custody at a downtown
hotel an hour after his wife's body
was discovered.
The others held are Arthur Tait,
42, of 4003 Eighth street N.W., also a
Southern clerk, and George Young
blood, 51. of 906 I street N.W.
After a preliminary investigation
Detective Sergt. Clyde N. Strange said
he understood there had been a drink
ing party at the apartment.
He said he believed Mrs. Fonda
was trying to make her way to a
friend's apartment on the floor below
when she fell. Clad in a nightgown,
the body was twisted over the railing
of the landing. One hand grasped a
clothesline, apparently snatched as
she fell.
Coroner A. Magruder MacDonald
said the contents of the woman’s
stomach would be analyzed to deter
mine whether she had been driinking.
-» ■ -. . . ...
Hilde Konetzni Lauded in London
as Substitute for Mme.
Lehmann, Who Collapsed.
By the Associated Press.
LONDON, May 5.—Hilde Konetzni
won extravagant praise from London's
operagoers today for stepping from
the audience into Mme. Lotte Leh
mann's role when the diva collapsed
in the first act of "Der Rosenkavalier”
at Covent Garden last night.
At the final curtain the audience
gave her a great ovation and critics
today called her equal to Mme. Leh
mann as Marschallin. Just one man
asked for his money back, and he
got it.
The diva broke off her singing in
the first act, throwing up her hands
and exclaiming, ‘‘I can’t go on.”
Today her illness was ascribed to
seasickness on a stormy crossing from
New York. She was recuperating.
Continued Acts May Bring
Retaliation, Secretary
of War Asserts.
Management and Labor Natural
Allies, Not Enemies, Says
New York Banker.
By J. A. FOX.
Assailing foreign dictatorships. Sec
retary of War Woodring today told the
Chamber of Commerce of the United
States that continued acts of aggres
sion might force the democratic na
tions of the world to strike back.
"I am not one of those who believe
that there is any danger of a general
war, or even that such a war is in
evitable," he said. “In fact, tension
in Europe has lessened somewhat in
the past week or two. However, we
would be derelict in our duty if we
did not recognize the hazards in the
world situation. At present, the de
mocracies are strongly pacifists. They
have not always been so. If pressed
too far a wave of indignation might
sweep over them that would make it
extremely difficult to keep the peace.
It is essential that continued aggres
sion stop before things get out of
Secretary Woodring spoke at the
final business session of the twenty
sixth annual convention of the cham
Der. at which the business men were
prepared to adopt a series of resolu
tions setting forth their views on cur
rent economic problems and outlining
the course they believe Government
should follow to restore prosperity.
Less Regulation Demand.
It seemed certain, in view ol senti
| ment as expressed by successive speak
1 ers in the four days the chamber has
been in session, that there would be
an emphatic demand for less regula
tion by Government and a diminution
of Government competition with pri
vate industry.
At the same time, speculation was
1 stirred as to the possibility of an offl
; cial pronouncement by the chamber
itself on the plea that came last night
I the executive council of the
American Federation of Labor for co
operation by labor and capital to ad
vance their mutual aims.
From one chamber spokesman today
came what obviously was a reply.
Lewis E. Pierson of New York, chair
man of the board of the Irving Trust
Co. and long a leader in chamber
! councils, declared that ‘ management
and labor are natural allies, not ene
mies”; said that labor troubles had
contributed to the business slump, and
“I believe that the time has now
i come when management and labor
should work together on those things
I of common interest which fairly pro
| tect their respective interests, promote
industrial peace and stimulate em
ployment on which the enduring pros
perity of the Nation depends.”
United States-Canada Unity.
Secretary Woodnng’s pointed re
marks on the forces that are making
for war followed a speech in like vein
by Lt. Col. J. H. Woods. C. M. G.,
chairman of the Canadian section,
Empire Press Union, and president of
the Calgary Herald, who told the
Chamber a union of the English
speaking peoples offers the only hope
of preserving the principle of liberty,
and that, in particular, the United
States and Canada should be pre
pared to make common cause in the
face of threats from autocracies.
‘‘I recognize that all the dictator
ships announce pacific intentions
toward the rest of the world,” Secre
tary Woodring said. “I recognize that
all of them insist that their arma
ments are either for defense purposes
or to give weight to their diplomacy
in upholding what they conceive to
be their just rights. But I recognize
also that the same words may have
different meanings to different per
sons or nations, and that ‘Just right'
may have an elastic interpretation.
We have seen, for instance, one coun
try justify her operations in another
country on the ground that her just
rights in that territory were denied.”
"In other words,” he continued, "if
the dictator or the dominant group
comes to believe that the national in
terest—the nation’s ‘just rights’—can
best be served by war, then war can
be made swiftly and unexpectedly. No
(See CHAMBER, Page~A-Y)
Summary of Today's Star
Page. Page.
Amusements C-4-5 Radio -C-12
Comics.. C-10-11 Short Story. B-13
Editorials... A-12 Society. B-3
Finance _A-21 Sports-C-l-3
Lost & Found C-" Women's Pg. C-6
Tokio invokes drastic “Nazi” type mo
bilization law. Page A-l
H Duce parades navy for Hitler at
Naples. Page A-2
Franc stabilized with 2.79 cents mini
mum level. Page A-4
Chamberlain says Irish got main pact
benefits. Page A-4
Woodring warns chamber of threat
from “aggressors.” Page A-l
Wage-hour bill sponsors seek 18 sig
natures to petition. Page A-2
Woman found in reservoir identified as
waitress. Page A-l
Husband and two other men held in
death. Page A-l
Fix to be arraigned today in alleged
torturing of wife. Page A-3
Bennetts found guilty, Pinas cleared in
jewelry case. Page B-l
Suffrage leaders to hold next meeting
on Saturday. Page B-l
Working conditions of D. C. penal em
> ployes to bo probod. Pago B-l
Editorials. Page A-12
This and That. Page A-12
Answers to Questions. Page A-12
Stars, Men and Atoms. Page A-12
The Capital Parade. PageA-13
David Lawrence. PageA-13
Mark Sullivan. PageA-13
Jay Franklin. PageA-13
Delia Pynchon. Page A-13
Splawn predicts reorganization of
many railroads. Page A-21
Bond tone better. Page A-21
Lanston Monotype reports on earn
ings. Page A-22
Utilities lead in pushing up
stocks. Page A-22
Curb trading light. Page A-23
Leonard proves he is great “find” in
feat against Tribe. Page C-l
Everybody in Louisville is dizzy as
Derby day nears. Page C-2
Shipping News. Page B-8
City News in Brief. Page B-2
Vital Statistics. Page B-8
Nature's Children. Page C-7
Bedtime Story. Page B-6
Letter-Out. Page C-l#
Cross-word Puzzle. Page C-l#
Contract Bridge. Page C-ll
After Dark. PageB-ll
V agaikmO
^-* / ja
Mrs. Smith Accuses Son of
Four Deaths in Letters
Obtained by Ruse.
By the Associated Press.
WALLA WALLA. Wash., May 5 —
A 73-year-old mother accused her son
of four unsolved mystery murders,
prison officials said today, as they ar
ranged to bring the pair together for
the first time in 10 years.
By a ruse. Deputy Prosecutor John
Schermer of King County said, in
vestigators extracted from Mrs. Mary
Eleanor Smith a gruesome tale of how
her son, Earl De Casto Mayer, ham
mered to death James Eugene Bas
sett in Seattle 10 years ago. dismem
bered his body and hid it in scat
tered, secluded spots.
Unexpectedly, Mr. Schermer said,
Mrs. Smith wrote to a State patrol
man. who duped her by posing as
a clergyman, that Mayer previously
killed two other men and a woman in
Montana and Idaho.
The letters named the victims as
Mrs. Ernest La Casse of Butte, Mont.,
who vanished in 1934; Ole Larson of
Anaconda. Mont., who disappeared in
1921, and a man named Randall,
whose body was buried in a stone
quarry in Idaho.
lonvictea in Auto Theft
Both Mrs. Smith and her son are
in prison here, where they were sent
for grand larceny after the State was
unable to prosecute them for Mr. Bas
sett's murder, one of the most baffling
in Washington State’s criminal his
tory, because they could not find the
They were convicted of stealing Mr.
Bassett's automobile. The mother was
sentenced to five to eight years In
prison, and was to have been released
Monday. The son was sentenced to
life imprisonment as an habitual crim
Warden James McAuley said Mrs.
Smith admitted writing the confes
sions because she “wanted to get right
with her Maker.”
The letters said Mr. Bassett, a for
mer Army aviator, was lured to the
“little brown house” where Mayer
stayed with his mother on the pre
tense they were to buy his automobile.
She said she took no part in the
acctual slaying, but she boasted of the
manner m which she cleaned up every
thing so thoroughly that, when of
ficers searched the house soon after the
crime, they could find no trace of the
“I was sitting on the couch, where I
had a rod of iron hidden in a quilt, in
case of a struggle,” she said.
Mr, Bassett was forced to write a
(See BASSETT, Page A^fT)
William V. Howard, Retired
Internal Revenue Employe,
Collapses During Chat.
William V. Howard, 60. retired em
ploye of the Internal Revenue Bureau,
died of a heart attack today in the
office of Senator Byrnes, Democrat, of
South Carolina.
Mr. Howard, a former resident of
Charleston. S. C., who lived at 8913
Second avenue. Silver Spring, Md„ had
just completed a call on Senator
Byrnes and was chatting with mem
bers of the Senator’s staff rs an outer
office when he collapsed.
Mr. Howard was retired from the
Alcohol Tax Unit of the Internal
Revenue Bureau a year ago because
of physical disability. He had been
in the Federal service for more than
40 years.
He entered Government service in
1896 as an employe of the Immigra
tion Service in New York. Subse
quently, he served with the Federal
Bureau of Vocational Education, the
Veterans’ Bureau, Federal Farm Loan
Bureau, the Bureau of Prohibition
and the Bureau of Industrial Alcohol.
Mr. Howard is survived by his wife
and three children.
53-Day Premier of Rumania Is
Stricken at Estate.
BUCHAREST, May 5 (JP).—Octavian
Goga, who for S3 days headed an anti
Semitic government in Rumania, was
stricken with apoplexy at his estate in
Transylvania last night.
Ootch of Elm
Serves as Base
Of Cherry Tree
By the Associated Press.
ATHOL, Mass., May 5—A
cherry tree growing in the crotch
of an elm tree was blossoming
today at the home of Mr. and
Mrs. John Adams.
Mrs. Adams said she believed a
bird dropped a cherry stone in
leaf mold in the crotch.
Woman Who Was Found Floating
in Reservoir Was Waitress.
Believed Suicide.
The body of a woman found float
ing in Georgetown Reservoir yester
day morning was identified today at
the morgue as that of Mrs. Lucile
Byram, 27, a waitress, of 1212 Twelfth
street N.W.
The identification was made shortly
before noon by Mrs. A. E. Myers, 3221
North Pershing drive. Arlington, Va.,
a sister of the dead woman. She was
the last of half a dozen relatives and
friends of missing persons to view the
Coroner A. Magruder MacDonald
was expected to issue a certificate of
suicide later today. Police said the
body bore no marks of violence and
that the fence surrounding the reser
voir was high enough to prevent a
person falling into the water by acci
The woman had been dead only a
few hours when her partially sub
merged body was discovered and re
ported by a passerby.
Authorities notified Mrs. Byram's
husband, James, who lives in Arling
ton County. Investigators were told
the couple had been separated for
some time.
IN $500,000 BLAZE
Seven Fire Departments Fight
Edwardsville (111.) Flames.
One Serious Injury.
By the flssc dated Press.
EDWARDSVILLE, 111., May 5.—A
spectacular oil refinery fire caused
damage estimated by Shell Petroleum
Corp. officials at between $500,000 and
$1,000,000 before it was extinguished
early today.
The blaze destroyed the compound
ing plant at Shell's Roxana refinery.
Fire Chief W. R. Stoneham of
Woodriver, to whom Louis Lohman,
Shell official, gave the estimate of
damage, explained destruction of ex
pensive pumps and other machinery
caused the chief loss.
Six fire departments from Madison
County (111.) cities assisted the Wood
river department in conquering the
blaze with chemical equipment.
Exploding oil containers made close
approach by firemen dangerous.
The flames, visible more than 10
miles, melted the steel framework of
the building and left it a pile of
twisted, glowing metal.
Han Reported Killed in Engine
Room Explosion.
JACKSONVILLE, Fla., May 5 (JP).—
Coast Guard divisional headquarters
received a radio report early today
that an engine room explosion on the
steamship Suwied had killed one man.
The 324-foot freighter was 20 miles
south of Panama City, Fla., in the
Gulf of Mexico, when the explosion
took place. She was en route from
Panama City to Tampa.
Two Machines Confiscated
as Drive Opens—Store
Owners Warned.
Opening a new drive against pin
ball-machine gambling, the two lead
ers of Washington’s vice squad today
raided a delicatessen in the 600 block
of Pennsylvania avenue S.E. and con
fiscated two machines they claimed
were paying off on a jackpot. The
machines were taken to police head
quarters for examination.
Capt. George M. Little, chief of
the squad, and Sergt. George Deyoe,
his first assistant, made no arrests in
j connection with the pinball machine,
! but they brought to the first precinct
I two men they said were in telephone
! booths in the store filling out num
bers slips. The men were held for
In a declaration of the revival of
the war on pinball- gambling, Assistant
United States Attorney John Wilson,
speaking for his chief, David A. Pine,
said machines used for gambling pur
poses will be confiscated and proprie
tors of places where they are operated
will be arrested and prosecuted.
The delicatessen proprietor was not
arrested today because Mr. Pine's
office thought it only fair that a gen
! eral warning be given first. The al
leged numbers-wTiters had no con
nection with the store. They just
happened to be there.
Mr. Wilson recalled that the first
drive against pinball gambling ended
a year ago with a ruling by Justice
Daniel W. O’Donoghue in District
Court that pinball is a game of
chance and that prize-giving for win
ning scores is gambling. Mr. Wil
son said:
“After Justice O’Donoghue’s rul
ing, the use of pinball machines as
gambling devices was discontinued, but
recently at numerous places in vari
ous sections of the city, store pro
prietors have begun to violate the
law. They either pay off to known
customers on winning plays or give
prizes. We have directed the police
to raid all places found to be violating
the law in this fashion.
Ousted T. V. A. Chairman Says
He Knows Nothing About Talk
of Reinstatement Fight.
By the Associated Press.
PITTSBURGH, May 5.—Dr. Arthur
E. Morgan, dismissed chairman of the
Tennessee Valley Authority, said to
day he did not know anything about
and did not want any defense fund
to carry on a fight for reinstatement
to the Government agency.
Commenting on reports that such
a fund was being raised, Dr. Morgan,
in Pittsburgh on business, said: “If
I wanted to be reinstated, that is en
tirely a personal matter. I know noth
ing about a defense fund.
“Some people have suggested they
would like to help in establishing
points in the investigation (of the
T. V. A.), but that has nothing to do
with a defense fund.
“I don't want any defense fund,
and I don’t expect any.”
Dr. Morgan said he would return
tonight to his home in Yellow Springs,
Davis Recuperating.
United States Senator James J. Davis,
Republican, was recuperating today
from a slight illness which he describ
ed as “a touch of food poisoning.”
He became ill last night.
Armed Man Who Ran Amuck
Is Killed hy Maryland Officer
Special Dispatch to The Star.
COLLINGTON, Md., May 5.—A col
ored man> who reportedly ran amuck
with a .22 caliber rifle and forced
eight residents of this community to
barricade themselves in a store and
house, was fatally wounded today by
a Prince Georges County policeman
who answered a call from the besieged
According to reports, the man,
Prank Johnson, 40, had fired at sev
eral persons before they took refuge
in the store and house. Threatening
their lives, Johnson dared any one to
come out; police were told.
Mr. and Mrs. C. W. Schneider, who
keep the store here, put in a call to
Hyattsville for police aid. Arriving at
the scene. Pvt. Henry C. Briscoe en
gaged in a gun battle with Johnson,
both using automobiles as shelters.
Pvt. Briscoe shot four times with his
.38-caliber revolver, two bullets enter
ing Johnson's leg and side. Mortally
wounded, Johnson was taken to Cas
ualty Hospital in Washington by the
Glendale Rescue Squad and was found
dead upon arrival.
Chief of Police Arthur W. Hepburn
and Ralph W. Brown of Prince Georges
.County police are Investigating.
$300,000 SLASH
Budget Bureau Insists Upon
D. C. Paying Fares of
Street and Donovan Repeat Plea
That $900,000 Will Not Be
Enough to Meet Needs.
District officials told Congress at
least SI$00,000 would be necessary
in coming fiscal year for emergency
relief. Congress cut the figure to
$900,000—a sum regarded as wholly
inadequate to care for the unem
ployed through a 12-month period.
Supplemental estimates of more
than SI,000,000 have been urged by
welfare officials.
A $300,000 slash in the $900,000
fund counted on for emergency relief
in the District during the new fiscal
year beginning July 1 was threatened
today as Public Welfare Director El
wood Street and District Auditor Dan
iel J. Donovan insisted anew that
even the $900,000 was not enough to
meet the needs.
The threat of further reduction
came in a Budget Bureau recom
mendation that the expenditures for
the transportation home of non
resident indigents and contributions to
W. P. A. work-relief projects for wom
en—for which the Commissioners
asked additional funds—be paid out of
the $900,000 emergency relief appro
The recommendation was embodied
in supplemental and deficiency esti
mates sent to Congress May 2.
Donovan Estimates.
Maj. Donovan figured that by the
time 8'2 per cent is deducted from
the $900,000 relief appropriation for
personal services and other deductions
are made for W. P. A. contributions
and the payment of transportation
home for non-resident indigents, the
District will not have more than $600.
000 left for actual emergency relief
“Even $900,000 for relief itself is •
grossly inadequate,” declared Ma>
Donovan. ‘T don’t know how far
the District can go with $600.000.”
The Commissioners asked the Bud
get Bureau to approve supplemental
estimates totaling $1,089,500 for school
luncheons, transportation of the non
resident indigents and contributions to
W. P. A. projects for women. So far,
however, these estimates have been
Approximately $20,000 of the $’.,089.
500 was recommended specifically for
j deportation of non-resident indigsnts.
imormal Report.
In an informal report to the Board
of Public Welfare, Mr. Street said
relief was the board's most difficult
problem because it "is faced with the
! responsibility of administering funds
which it knows to be inadequate to
meet the needs, with a staff which it
also knows to be inadequate to handle
i Properly investigation of those who
I aPPiy for assistance and social service
and follow-up for those to whom
grants of assistance are made.”
The Commissioners also submitted
; supplemental estimate to the Budget
Bureau to provide quarters for in
mates of the National Training School
for Girls, who will have to be turned
loose on the streets when the institu
tion is forced to close June 30 unless
the necessary funds are provided. A
sum of $35,500 W'as requested for the
erection of temporary buildings at
Blue Plains for housing these inmates.
In addition the Commissioners re
quested $6,000 in the supplemental es
timates to repair the nurses’ home on
the old Tuberculosis Hospital reserva
tion, where It is planned to establish
a receiving home for children.
The present receiving home, near
Eighth street and Potomac avenue
S.E., must be abandoned by December
30, because no funds are provided for
its continued operation in the 1939
Appropriation Act. That act contem
plates locating the receiving home and
the house of detention in the old Police
Court Building, at Sixth and D streets
N.W. The fire marshal’s office, how
ever, has forbidden the use of this old
building as a children's receiving
home. The Commissioners thought
they could establish the receiving home
in the old nurses’ home if funds are
i See RELIEF, Page A-5.)
Produce Firm Asks Appellate
Body to Issue Writ of Error
to Municipal Court.
The United States Court of Ap
peals was asked today for the first
time to determine the validity of the
District's much-criticized business
privilege tax. The produce firm of
Neild & Sauerhoff, through attorneys
Alvin L. Newmyer and David G. Brass,
asked the appellate court to issue a
writ of error to the Municipal Court,
where its suit to recover taxes paid
under protest was denied April 29 by
Judge Ellen K. Raedy.
The firm claimed a refund of
$245.92, representing one-half of the
amount assessed against it by the Dis
trict government, which was due when
the suit was filed.
Attorneys for the concern contended
that the tax was unconstitutional and
a burden on Interstate commerce, and
that its collection amounted to double
taxation since the firm is taxed under
the Perishable Agricultural Commodi
ties Act.
Numerous suits have been filed in
District Court to enjoin enforcement
of the act, but have run into a ruling
that the constitutionality of the law
could be tested only after payment of
the tax tinder protest.

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