Evening star. [volume] (Washington, D.C.) 1854-1972, May 31, 1938, Image 1

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Evening star. [volume], May 31, 1938, Image 1
About Evening star. [volume] (Washington, D.C.) 1854-1972

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Evening star. [volume] (Washington, D.C.), 31 May 1938. Chronicling America: Historic American Newspapers. Lib. of Congress. <https://chroniclingamerica.loc.gov/lccn/sn83045462/1938-05-31/ed-1/seq-1/>

Newspaper Page Text

WEATHER.
(V. S. Weather Bureau Forecast.)
Fair and not quite so cool, with lowest
temperature about SO degrees tonight;
tomorrow fair and wanner; gentle east
and southeast winds. Temperatures to
day—Highest, 65, at 2 p.m.; lowest, 44,
at 5 a.m. Full report on page A-2.
Closing N.Y. Markets—Sales—Page 18
The only evening paper
in Washington with the
Associated Press News
and Wirephoto Services.
t
VP) Means Associated Press.
86th YEAR. No. 34,363.
WASHINGTON, D. C., TUESDAY, MAY 31, 1938—FIFTY PAGES. ***
entered as second class matter 'TTJ'DTr'T? r^TTXT'T'CJ
post office, Washington. D. C. -L J-LtVXiXJ VjXjJN 10.
$10,000 RANSOM
PAID KIDNAPERS
OF FLORIDA BOY
... — 4
Father Tosses Cash
From Automobile
as Directed.
FEARS ARE FELT
FOR LAD’S SAFETY
Mother Prostrated, Talk
Is Heard of Forming
Posses for Search.
(Picture on Page A-2.)
By the Associated Press.
PRINCETON, Fla., May 31.—A
} packet of $10,000 in small bills was
dropped in a country road today in
an effort to ransom 5-year-old James
Bailey Cash, jr„ from kidnapers who
aeized him in his sleep Saturday night.
The senior Cash, who keeps a gen
eral store and filling station in this
farming community, tossed the cur
rency from his car on a solitary drive
before dawn at sight of blinking head
lights and a hail from the side of the
road—signals specified in a ransom
note.
He returned in high hopes of re
gaining his son by noon but as the
hour passed apparently without a
sign from the abductors, grave fear
was felt for the lad’s safety. The
mother was reported prostrated.
A crowd of some 300 persons, mostly
overalled truck farmers and citrus
growers, gathered outside the frame
two-story Cash apartment building
and filling station, on the main high
way, and discussed forming posses
to search the region.
Believed Local Resident.
W. P. Cash, uncle of the boy, ex
pressed the view the kidnaper was a
local resident. The belief was
strengthened by the circumstance that
the ransom notes contained maps
reflecting an intimate knowledge of
the countryside. They were drawn
to direct the father in delivering the
ransom.
Agents of the Federal Bureau of
Investigation withdrew from the scene
along with sheriff's deputies and the
local police. All declined to discuss
their strategy.
The tow-headed youngster was
stolen from his bed while his mother
went next door to help her husband
close the grocery for the night. The
kidnaper slit a screen, unlatched the
back door and took the pajama-clad
boy.
Note Threatens Death.
A note, one of three in the case,
threatened death to the lad known
In the neighborhood as “Skeegie” if
the father called authorities, but Mr.
Cash notified the Federal Bureau of
Investigation at Miami, 25 miles north
of here, and J. Edgar Hoover at Wash
ington assigned a squad of inspectors
who flew here Sunday.
Then early today, while G-Men
worked on the case and throngs of
curious milled about this crossroads
village of 600, a man presumed to
be the abductor slipped the third
note under the door of the Cash
apartment., tossed a rock at a window
to attract attention and fled into
the underbrush.
The message, printed on a triangu
lar piece of brown wrapping paper,
ordered Mr. Cash to repeat maneu
vers prescribed in an earlier note—to
drive over a route specified on a map,
blinking the headlights of his car
at certain spots as a signal. Mr.
Cash had done this in vain last night,
but the new note was understood to
have complained of too many per
sons about.
Note on Uncle’s Door.
The earlier note had been found
pinned to the door at the home of
the boy’s uncle next. door. The other
note figuring in the case was given
to a colored man to deliver to James
Cash. It directed attention to the
note at Wilson Cash’s home, but the
man became frightened at the noc
turnal vistor who gave it to him and
failed to deliver it, so it did not turn
up until later. The F. B. I. agents
took the three notes and their full text
was not available.
A State Road Department watch
man provided a clue with a report
that a green sedan traveling west at
breakneck speed was forced by con
struction work on the road to slow up
as it passed his station on an East
West highway, a mile and a half north
of here shortly after the boy was
missed.
The watchman saw several men and
• small child which was crying loudly.
This road is one of many paved
highways which honeycomb this area,
south of Miami, known as the Red
lands district. It is a rich agricul
tural section with thriving citrus
groves and vast farms where w'lnter
vegetables are grown.
Child Had Premonition.
Mr. Cash, 38 years old, a merchant
and filling station owner, has lived
here with his wife for the last five
years. He owns a grocery store and
two filling stations as well as the
building from which the boy was
stolen. This is a large frame structure
containing six apartments with a fill
ing station and lunchroom in front
on the main highway between Miami
and Key West.
Mrs. Cash said her son seemed to
have a premonition that something
was wrong Saturday. She said she
put him to bed, read from a child’s
book and then went to the store her
husband operates.
"Mommie, please don’t put me to
bed. I'm afraid,” she quoted the child
as sfiylng.
When she returned, the bed was
empty.
Papal Chamberlain Dies.
MUNICH, May 31 M>).—Baron
Theodor von Cranjer-Klett, 63, a
papal chamberlain, benefactor of the
Benedictine Order and long prominent
in Bavarian Catholic affairs, died yes
terday. *
JAMES B. CASH. JR.
—Copyright, A. P. Photo,
REBELS KILL 430,
BOMBINGMARKET
Women and Young Comprise
Most of Toll—100 More
Believed Dead.
E' the Associated Press.
BARCELONA. May 31.—At least 430
persons were killed today in an insur
gent air raid on the town of Granollers,
16 miles north of Barcelona. That
many bodies were taken from the
ruins, and authorities believed 100
more still were buried.
Forty bombs were dropped by five
tri-motored bombers, 12 of them plung
ing into the market square at its most
crowded hour. Early reports Indicated
most of the victims were women and
children.
Entire Red Cross Mobilised.
The raiders arrived at 9 am. and
took only a few minutes to dump their
cargo of bombs. Many women were
doing their marketing. Long queues
of men women and children were
waiting to get potato rations. At one
spot 55 persons were killed. At an
other 50 died. Approximately 25
buildings were destroyed completely.
Granollers, center of a rich potato
growing district, had a normal popu
lation of 10,000, but this had been
swollen by refugees from the war areas
of government Spain.
Wounded Sent to Barcelona.
The nearest hospital soon was over
flowing and as wounded were brought
in they were sent on to Barcelona or
nearby villages.
The defense ministry said the planes,
described as Junkers (German made),
apparently had tried to reach Barce
lona, but were forced oft by this city's
defenses against aircraft.
Barcelona had three air-raid alarms,
but was not bombed, althoug planes
flew over the city in the afternoon.
Bombs fell on some surrounding vil
lages, where several persons were in
jured.
Morgue Overflows.
At Granollers the morgue was too
small, and relief squads laid the dead
along the walls of the cemetery. There
the ratio was five women or children
to every man killed.
More than 100 wounded who were
able to travel made their way to the
hospital at 1a Garriga, 8 miles away.
The roads leading out of Granollers
were jammed with old men, women
and others fleeing from the town with
a few belongings.
British Steamer Is Sank.
MADRID, Spain, May 31 (IP).—The
British freighter Penthames was
bombed and sunk in an air raid on
Valencia Harbor this morning. No
lives were lost. }
A Spanish vessel also was sunk. Air
raid alarms kept the harbor district
in a state of tension from 11 p.m.
last night until after daybreak.
The Penthames was the third Brit
ish ship sunk recently at Valencia,
Spanish government port on the Medi
terranean. Others were the Thorpe
hall on May 24 and the Oreatend on
May 28.
A French sailor was killed yesterday
and several British seamen wounded
in Valencia Harbor raids in which
the French steamer Djem was set afire.
The Penthames had previously been
bombed at Valencia on May 22 dur
ing an insurgent air raid. Three
sailors were wounded then and she
was set afire, but the flames were
quenched in an hour. The Penthames
at that time was unloading a cargo
of wheat. She is a 3,995-ton vessel.
The Penthames was hit by three
bombs and settled to the bottom at
Caballeros Dock, with her masts and
funnel still showing.
The Djem, after burning all night,
lay on the beach, a complete loss.
9,541 Italian Casualties.
ROME. May 31 W.—The Italian
government yesterday reported a total
of 9,541 casualties among the Italian
expeditionary force aiding Insurgent
Generalissimo Francisco In the Span
ish civil war since the conflict started.
Of the total, 2,023 were killed and
the others wounded, captured or re
ported mlMtiig. .
PRESIDENT PLANS
TO STATE MERGER
VIEW TOMORROW
Confers With Leaders
Today to Map New Course
on Reorganization.
_. i
MAY PRESS ACTION
AT THIS SESSION
Roosevelt Desirous of Getting
Administrative Aides and
Welfare Department.
-. 4
BACKGROUND—
Furore aroused over administra
tion proposal for legislation to reor
ganise and consolidate Government
agencies was second only to that
occasioned by plan for revising
court structure. Supported, by pow
erful pressure from anti-adminis
tration sources, foes of reorganisa
tion plan sent measure back to
committee. Since then, however,
administration has regained meas
ure of prestige in action on tax and
wage-honr bills.
BULLETIN.
President Roosevelt's reorgani
sation bill will not be called up for
consideration again at this session
of Congress, according to informed
sources at the Capitol today. It is
hoped tb adjourn Congress some
time between June 10 and June 15.
By G. GOULD LINCOLN.
A decision regarding President
Roosevelt’s reorganization bill will be
announced at the Capitol tomorrow,
Senator Barkley, Democratic leader,
and Speaker Bankhead announced
after conferring with the President at
the White House today.
Both Senator Barkley and Speaker
Bankhead declined to amplify this
statement. Two schools of thought im
mediately developed. One was that the
President had determined to go ahead
and seek action on his reorganization
bill before Congress adjourns. Those
who supported this theory contended
that if it was not planned to take up
the bill no statement would be issued.
The other theory was that the ad
ministration would put the reorganiza
tion bill over until the next Congress,
and go to the country in the meantime
in the congressional elections on that
issue.
Fight Is Promised.
Opponents of the reorganization bill
in Congress promptly declared that if
the bill were taken up it would be
stoutly resisted.
"The reorganization bill should go
over until the next Congress,” said
Senator Burke, Democrat, of Nebraska.
"All of us believe there should be
some kind of governmental reorganiza
tion, but many of us are opposed to
the bill in its present form. If the
measure is revived, it will be many
weeks before Congress is able to ad
journ.”
Nation-wide Protests.
The bill passed the Senate on March
28 by a vote of 49 to 42. Later it was
debated in the House and finally re
committed. Congress was deluged
with thousands of protests from all
parts of the country, the burden of
the protests being that the measure
would give the President dictatorial
powers.
Any attempt to revive the reorgani
zation bill probably would be followed
by another flood of protests. The op
position to the reorganization bill in
the Senate has grown even stronger,
it was said today, since the bill was
considered in the House and recom
mitted.
Confers With Leaders.
President Roosevelt conferred with
Congressional leaders at the White
House today. When the leaders
emerged, Senator Barkley said:
“The reorganization bill was thor
oughly discussed. An announcement
will be made by a responsible authority
within a day or two.”
Speaker Bankhead immediately
added that the announcement would
be made tomorrow.
It is presumed that the announce
ment will be made by Senator Barkley,
although he Indicated that had not
finally been determined. If the an
nouncement does not come fronythe
Kentucky Senator, it is expected to
(See REORGANIZATION, Page A-12.)
f This Hurts me a \
l 6RMT DEAL MORE \
\thar IT HURTS YDUlj
WARM ORDERED
IRE IN TAX CASE
‘Rags’ to Be Brought Front
Prison for Arraignment
on Evasion Charge.
Charles “Rags” Warring, serving a
term in the Atlanta Penitentiary for
complicity in a gang shooting, will be
brought here for arraignment Friday
on an indictment charging, him and
his brothers, Emmitt and Leo P., and
two others with conspiracy to evade
income taxes on numbers racket
profits.
At the request of United States At
torney David A. Pine, Justice Joseph
C. Adkins signed a writ ordering
“Rags” Warring brought to Washing
ton, it was learned today.
While it was planned at first not to
bring him here until the day of the
trial, the present move was decided on,
it is understood, to avoid delays which
might have followed had his attor
neys filed preliminary motions at the
time of the trial. Such motions may
not be made until a defendant has
been arraigned.
A demurrer attacking the legal suffi
ciency of the indictment has been
argued and taken under advisement by
Justice Joseph C. Cox, but this ap
plied only to Emmitt and Leo Warring.
The other defendants in the con
spiracy case are Gordon L. Sadur. tax
accountant, and Henry L. Sherr, an
employe of the Sadur firm.
The Warrings are charged with de
frauding the Government of portions
of taxes allegedly due from income on
the numbers game for three years.
United States Attorney Pine hopes
to bring the case to trial before the
summer recess of court, which starts
late in June. All the defendants ex
cept “Rags” Warring are under bond.
He was convicted in connection with
the shooting and serious wounding of
Joseph O’Brien as an alleged act of
gang vengeance.
YACHT OWNER BURNED
BY ENGINE ROOM BLAST
George L. Kreider of Lebanon, Pa.,
Wa« Repairing a Blocked
Gasoline Line.
P> the Associated Press.
CHESTERTOWN, Md„ May 31.—
George L Kreider, Lebanon, Pa., is in
the hospital here today critically in
jured with bums suffered when his
yacht, the Susie-Q, exploded and
caught Are in the Chesapeake Bay.
Kreider was in the engine room
working on a blocked gasoline line
when the explosion occurred last
night. He and the Ave members of
the party on a holiday cruise were
forced to abandon ship. .
Summary of Today's Star
Page. Page.
Amusements C-10 Radio -B-18
Comics _C-8-9 short Story, .B-12
Editorials_A-10 Society .B-3
Finance _A-17 Sports-C-l-S
Lost <fe Found C-5 Woman’s
Obituary ....A-l* Page-C-4
FOREIGN.
Rebels kill 430 bombing market near
Barcelona. Page A-l
Yunnanfu likely new refuge for Chi
nese government. Page A-2
Japanese bomb Canton and Hankow
to cut supplies. Page A-S
NATIONAL.
Court denies stockyard case review;
upholds Labor Board. Page A-l
Reorganization bill decision to be an
nounced tomorrow. Page A-l
Father pays $10,000 ransom to kid
napers of son. Page A-l
Roosevelt returns here; confers on
reorganisation. Page A-l
Attack by Borah may retard wage
hour bill. Page A-6
WASHINGTON AND NEARBY.
Health needs of Nation to be consid
ered at parley here. Page A-C
Self-improvement item debated before
Wage Board. Page B-l
Police keep busy over holiday rounding
up robbery suspects. Page B-l
Parking meters speed traffic, Bureau of
Standards’ tests show. Page B-l
Two employes of assessor’s office re
ported traffic victims. Page B-l
Realtors' spokesman hits proposed re
vision in Boning law. Page B-l
New Judges to get offices in new Police
Court Building.
EDITORIAL AND COMMENT.
Editorials. Page A-10
This and That. Page A-10
Answers to Questions. Page A-10
Stars, Men and Atoms. Page A-10
David Lawrence. Page A-ll
G. Gould Lincoln. Page A-ll
Capital Parade. Page A-ll
Jay Franklin. Page A-ll
Delia Pynchon. Page A-ll
FINANCIAL.
Rail bonds ease (table). PageA-17
Rubber quotas slashed. PageA-17
Steel rate declines. PageA-17
D. C. clearings down. Page A-18
Stocks sell off (table). Page A-18
Curb leaders gain (table). Page A-19
Record wheat crop forecast. Page A-19
SPORTS.
Nats’ slab plans jumbled as Western
teams open invasion. Page C-l
Bees’ and Indians’ slab feats mark
holiday baseball. Page C-l
Ross remains 7-5 favorite over Arm
strong tonight. Page C-l
Seeded netmen’s tilts add sparkle to
The Star’s tourney. Page C-2
Record auto race win worth $35,000
to Floyd Roberts. Page C-2
Pasch 5-to-2 favorite to win Epsom
Derby tomorrow. Page C-S
MISCELLANY.
Vital Statistics. Page A-6
Shipping News. Page A-15
City News in Brief. PageA-14
Nature’s Children. Page B-8
Cross-word Puzzle. Page C-8
Bedtime Story. Page C-8
Letter-Out ' Page C-8
Contract Bridge. APage C-8
$107 in Nickels
Posted by Man
On Car Charges
Police were counting nickels a long
time after they arrested Morris Cohen
on a charge of second-offense speeding.
They took Mr. Cohen, who lives at
16 Third street S.E., to the station
house, where he was asked to put up
$117 on charges of speeding and driv
ing on the wrong side of the street and
for two old parking tickets.
Mr. Cohen telephoned a friend, who
arrived at the precinct with a bag
which contained $107, mostly in
nickels.
The officers had to count the money,
and today the financial clerk’s office
in Police Court had to do likewise.
Mr. Cohen forfeited $2 on the charge
of driving on the wrong side of the
street, paid $2 each on the parking
tickets and obtained a continuance on
the second-offense speeding count.
Three additional counts were made
of the money by Policeman Donald
Siegrist when he brought it to Police
Court from the precinct. The first
time Pvt. Siegrist was 70 cents short,
the second time he. was SO cents short
and the third time, J0 cents short.
In discouragement, he dug into his
own pocket for four nickles to make
the total.
EARTH SUP JARS
SOUTH CALIFORNIA
Million Homes Are Shaken by
200-Mile-Long Movement,
but No Damage Done.
P» tl.f Associated Press.
LOS ANGELES, May 31.—A giant
earth slippage Jarred a million South
ern California homes at 12:35 a.m.
(3:35 a.m. E. S. T.) this morning, but
spared the area of damage.
The quake, one of the most severe
since the disastrous one in 1933, was
felt for 200 miles along the Pacific
Coast from Santa Barbara to San
Diego and inland 150 miles to the
Mojave Desert and the Coachella Val
ley.
Alarmed families were frightened
out of sleep by the rippling, sidewise
motion of the earth. Dishes rattled
in cupboards. Lights swayed. Houses
creaked.
Long Beach, center of the destruc
tion in ’33, quickly reported “all’s
well,” and other cities, such as Santa
Barbara and San Jacinto, which were
hard hit by past earthquakes, went
through today’s without harm.
The post-midnight calm at police
headquarters and newspaper offices
was shattered by a flood of question
ing telephone calls. All asked if there
had been any damage. None had
losses to report.
The earth shocks, three in number,
lasted several seconds. They were
strongest on the Los Angeles ocean
front, stirring up high waves.
Imperial Valley, which experienced
a series of quakes in recent months,
was not shaken.
A survey indicated that the jarred
area, about 30,000 square miles, es
caped with nothing more serious than
a few broken windows and cracked
sets of glassware.
FALL KILLS fflAJ. IPOCK
Retired Army Officer, 51, Meets
Death in Mew York.
NEW YORK, May 31 (#).—Maj.
Byron T. Ipock, 61, U. S. A., retired,
fell to his death from the window of
his second-story hotel room today.
Mr. Ipock, a native of North Caro
lina, enlisted as a private in the Army
in 1908 and won his first commission
during the World War. He was retired
in 1935 for disability in the line of
duty.
Boys/
Turn to Page A-4 of
today's Star and find
directions for entering
The Star-American Le
gion Soapbo-: Derby.
Follow the news of
the Derby every day and
Sunday in
e &tar
CATHOLIC REVOLT
FLARES IN M ICO
Open Rebellion in Tabasco
State Is Reported to
Mexico City.
BACKGROUND—
Revolt by Gen. Satumino Cedilla
began May 20 in San Luis Potosi
state in Mexico after President
Cardenas had rushed several thou
sand infantry, cavalry and other
armed units into troubled area.
Cedillo quickly fled his palatial
lacienda of Las Palomas, and bare
ly escaped capture when his plane
was forced down near San Luis
Potosi City.
By the Associated Frets.
MEXICO CITY, May 31.—Tabasco
State, where religion-hating Tomas
Garrido Canabal leveled every church
during his 10-year dictatorship, has
again become a scene of violent con
flict between Catholics and authori
ties.
Dispatches reaching Mexico City to
day said efforts of Catholics at Villa
hermosa to erect a church on the site
of Conception Church, which Garrido
rased while governor, precipitated a
clash with police in which four per
sons were killed and five wounded. A
policeman was among the wounded.
Garrido was ousted in 1935. Re
cently he was in exile in Costa Rica.
Last Anti-Church Redoubt.
Because of President L&zaro Car
denas’ policy of “live and let live," the
State of Tabasco was almost the last
redoubt of the anti-church feeling
which flared so bitterly in Mexico a
few years ago.
On May 11, Catholic peasantry in
a concerted movement began flocking
into the capital and demanding that
Gov. Pro-tem Bobadllla repeal laws
forbidding worship and requiring
priests to be married. Bobadilla re
fused. Catholic sources here said. He
warned the peasantry that he would
use force unless they dispersed.
This jras followed by a demonstra
tion in which Catholics estimated
18,000 persons paraded. It failed to
change Bobadilla’s attitude, dispatches
(See MEXICO, Page A-3.)
NIAGARA ICE REMAINS
Remnants of Jam Which Crushed
Honeymoon Bridge Bound.
NIAGARA PALLS, N. Y„ May 31
(£■).—Remnants of the record-break
ing ice jam which crushed the Honey
moon Bridge last January still clung
to rocks below the Niagara Gorge
bank at the Canadian Horseshoe Palls
today.
Tracy Levee, chief of the Niagara
Reservation Police, was not impressed,
however.
"In 1920 we still had loe on June
21." he said.
PLEA TO REOPEN
K. C. STOCKYARD
CASE REJECTED
Supreme Tribunal’s Refusal of
Rehearing Sharpest Rebuke to
New Deal Since Court Fight.
LABOR BOARD WINS DECISION
IN REPUBLIC STEEL STRIKE ROW
Ruling in Order Requiring Company
to Rehire Workers Expected to Be
Applicable in Ford Battle.
By JOHN H. CLINE.
In a sharply-worded opinion, the Supreme Court today refused
to reconsider its ruling in the Kansas City Stockyard case, but the
Justices, in another ruling, held that the National Labor Relations
Boat'd has authority to reopen^ its case against the Republic Steel
Corp.
It was expected the latter ruling also will be applicable to the
board’s controversy with the Ford Motor Co.
The court did not act on a petition by Thomas J. Mooney for a
writ to have the tribunal review his conviction for participating in
the 1916 Preparedness Day bombing at San Francisco, for which he
is serving a life sentence. Since this is the last day of the term, a
ruling on Mooney’s petition will not be forthcoming until after the
Justices convene in October. <• t— — ...
In deciding the Kansas City stock
yards case several weeks ago, the
court held the Department of Agricul
ture, by failing to publish findings of
fact, had denied a fair hearing in a
proceeding to lower rates charged by
the stockyard men. That decision
was attacked by Secretary Wallace
on the theory that the court had re
versed Itself, since it ruled in 1936
that the submission of findings of fact
was not essential to a fair hearing.
Judge Black Dissents.
Solicitor General Jackson, after wide
publicity had been given to Secretary
Wallace’s assertion, asked the court
to reconsider its decision.
In a per curiam decision, with Jus
tice Black dissenting and Justices
Cardoza and Reed taking no part, the
court said:
“The solicitor general moves for a
rehearing upon two grounds: The first
ground that the court has reversed
itself; that the present decision is
‘directly contrary to the law of the
case,' as established by the court s
decision on the former appeal, and
that ‘a procedural omission’ previously
held to be of no significance* is now
regarded as ‘fatally defective.’
“These assertions are unwarranted.
Not only are the two decisions con
sistent, but the rule announced in our
former opinion was applied and was
decisive in the present appeal. And
the Government is in no position to
claim surprise. The question as to
whether there has been a fair hearing
in the present case, in the light of the
situation disclosed by the Secretary’s
testimony and the other evidence wras
fully argued at bar.”
Reviews History of Cases.
The court then reviewed the his
tory of the two cases, pointing out
that in 1936 the matter was sent back
to the lower courts solely for the pur
pose of ascertaining whether the Sec
retary had adequately considered the
evidence.
When that determination had been
made, today’# opinion said, it then be
came apparent that the stockyard men
had not been served with findings of
fact and therefore were not adequately
informed as to the charge against
them. That deficiency, the. opinion
stated, was the reason that the court
set aside the rates fixed by the Sec
retary.
"The statement made in the petition
for rehearing that the present decision
is contrary to the law of the case, as
declared in our first opinion, is wholly
unfounded,” today’s ruling said. “* * *
The effort to establish a case for re
hearing, either because of that asserted
inconsistency in our ruling or because
of lack of opportunity for full argu
ment, is futile.”
The justices also decided that a
ruling as to disposition of some $700,
000 which had been impounded while
the new rates were in effect, must be
left to the District Court.
The court’s refusal to reconsider its
decision was the sharpest rebuke it
has administered to the New Deal
w
i Woman in Black’ Vanishes
As Taxi Passes Cemetery
Willie Love doesn’t exactly believe
in ghosts, but his mind would rest
easier if somebody would explain what
became of the woman dressed in black
who apparently vanished into thin air
from his taxicab early today.
Known and respected by police as
an honest and trustworthy Colored
taxicab driver, Willie, who is 38
and lives at 624 Columbia Road N.W.,
appeared at the second precinct short
ly before dawn to tell his weird story,
Cruising in the northwest section
and in good spirits after receiving a
quarter tip from a passenger, Willie
said he was hailed at North Capitol
street and Rhode bland avenue by a
middle-aged white woman, dressed in
black. He thought she must have been
in mourning.
She asked to be driven to some
Northwest address—his experience a
few moments later drove the exact
memory of It from Willie’s mind.
As he drove along in the vicinity of
a cemetery In that section, Mr. Love
said the woman remarked:
“Driver, you are going rather fast."
“No, ma'am, I’m only going 35,”
Willie replied.
“Will you give me a cigarette then?"
his passenger asked a moment later.
"Certainly, ma’am,” said Willie,
reaching In his pocket.
He pulled out a cigarette and
reached back to bud it to toe women.
But it was not taken from his hand.
He turned to look, keeping his cab
in motion all the while, and nobody
was in the passenger’s seat!
Alarmed, Willie stopped his cab,
got out and looked up and down the
street Nobody was in sight. He
opened the rear door and looked on
the floor. Frantically, he even picked
up the re^r seat and peered under
it. Nowhere was there a sign of the
women dressed in black.
This was at North Oapitol and R
streets, Willie said. He hurried to
nearby Are truck company No. 4
and started telling his story to the
firemen. They told him to tell a
policeman. He stopped a cruising
squad car. The officers thought he’d
better go to the second precinct
station.
There he persuaded Policeman E.
A. Fuller to listen to his story.
To ease Willie’s mind—and per
haps their own—the police sent a
squad car to search over the route
the hacker said he had driven the
woman dressed in black. But the
officers found no trace of the van
ished woman.
And Willie—and the police—still
don’t know what to think, and are in
no mood to listen to ghost stories.
There was one cynic, however. He re
called a similar weird story that is
told by Alexander Woollcott, the
raoocteur.
Black’s Dissent
Brings Decision
To Reconsider
Justice Black, '.Those numerous dis
senting opinions since his appoint
ment to the Supreme Court have been
the subject of some comment, ap
peared to have emerged victorious in
at least one case today when the
other Justices decided to reconsider a
ruling to which he had objected.
The case involved the technical
question of patent law which grew
out of a controversy between the
General Talking Pictures Corp. and
the Western Electric Co., Inc. The
court will reconsider its decision when
it meets in October.
In his dissenting opinion, an
nounced May 2, Justice Black pro
tested that the court’s ruling “will in
evitably result in a sweeping expan
sion of the statutory boundaries con
stitutionally fixed by Congress to limit
the scope and duration of patent mo
nopolies.”
—■—i—■—■—————
since President Roosevelt advanced
his proposal to enlarge the court last
year. In view of the pressure brought
to bear indirectly on the court through
public statements by Secretary Wal
lace and other administration sup
porters, the strong language employed
by the court In standing Its ground
was construed as an Implied notice to
the New Dealers that the justices will
not be stampeded.
Some time before the Kansas City
decision, Secretary Wallace revised
his department’s procedure so as to
furnish Endings of fact, and that re
vised procedure was approved by the
court today in an opinion upholding
rates fixed by the Secretary in a pro
ceeding involving the Denver Union
Stockyard Co.
The sole question Involved in the
Labor Board case was whether the
Third Circuit Court, where the con
troversy arose, had acquired Juris
diction In the matter.
Reinstatement Ordered.
The board’s order in that case di
rected Republic Steel to cease certain
anti-labor practices and to reinstate
some 4,000 employes who had been on
strike.
“Apparently fearing its procedure
had not conformed to the specifications
announced by the Supreme Court in
the Kansas City case, the board de
cided to reopen the Republic Steel
matter. In the meantime, however,
that corporation had filed a petition
with the Third Circuit Court attacking
the validity of the order.
When that petition came up for
hearing several weeks ago, Charles
Fahey, general counsel for the Labor
Board, attempted to withdraw the
case, asserting that, under the terms
of the Wagner Act, the board could
vacate an order at any time before the
filing of a certified transcript of the
record in court.
Took Different View.
The Third Circuit Court took a dif
ferent view, however, and issued an
order directing the board to file a
transcript and to refrain from taking
any action in the case until the court
had acted on it.
In holding that action of the ap
pellate court to have been Improper,
the Supreme Court said:
“Since the statute empowers the
board, before the filing of a transcript,
to vacate or modify its orders, cer
tainly it does not oonfer Jurisdiction
upon the reviewing court to prohibit
the exercise of the granted power. It
is obvious that Congress intended to
confer no jurisdiction upon the re
viewing court to prevent the board
from seasonably vacating or modifying
its order so as to make it comport with
right and justice."
Justice Roberts delivered the ma
jority opinion, with Justices McRey
nolds and Butler dissenting. Justices
Stone and Cardozo did not participate.
After passing over the Mooney case,
the court took the unusual step of ex
plaining its failure to act, the clerk
asserting that the court, at the re
quest of Mooney, had consented to
consider his application on the un
printed record which comprises over
13,000 typewritten pages and over 600
exhibits, A study of this, it was
pointed out, will require considerable
time.
Windsors at Riviera.
ANTIBES, France, May 81 C4>).—
The Duke and Duchess of Windsor
came today from Versailles to this
Riviera city to make their home In
tbs Chateau to la dot.

Evening star. [volume], May 31, 1938, Image 1
About Evening star. [volume] (Washington, D.C.) 1854-1972

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Evening star. [volume], May 31, 1938, Image 1
About Evening star. [volume] (Washington, D.C.) 1854-1972