Newspaper Page Text
Weather Forecast Cloudy with slowly rising temperature; probably light snow or sleet tonight, turning to rain tomorrow; lowest tonight about 32 degrees. Temperatures today— Highest, 34, at 2 a m.; lowest, 28, at 8 a.m.; 32 at 2 p.m. Full report page A-2. Closing N. Y. Markets—Sales, Page 20. First in Washington— first In the news coverage that builds public confidence—first in circulation and advertising that reflect public confidence. W) Means Associated Press. 86th YEAR. No. 34,548. WASHINGTON, D. C., FRIDAY, DECEMBER 2, 1938—SIXTY-SIX PAGES. THREE CENTS, Captors Wanted Ransom, Says Mary Brown Victim, Back Home, Tells of Beating By Kidnapers The belief that 18-year-old Mary Brown was returned by kidnapers because he could not pay ransom was expressed today by the pretty convent students father, William B. Brown, as Maryland State police Intensified their hunt for three men said by the girl to have beaten her and held her captive in a shack in the country for a day. Mr. Brown, an employe of the Bureau of Engraving and Printing, told reporters this morning he was convinced that Mary was kidnaped by men who released her on learn ing he could pay no ransom. The • girl stumbled into her home near Oxon Hill, Md., shortly after 10 o'clock last night, semi-hysterical and only partially clothed, accord ing to her father. After a night’s rest she was in terviewed this morning by Maj. E. F. Munshower, superintendent of Maryland State police, who took charge of the investigation because of the personal interest of .Gov. Harry Nice in the case. Blindfolded, She Says. The girl explained she was blind folded by her abductors and could not describe them or the black truck in which she was spirited away Wednesday afternoon, or the automobile in which she said she was returned last night to a point about half a mile south of her home. Neither could she give any clue to the whereabouts of the shack or hut in which she was kept pris oner. blindfolded and lying on a mattress, for more than 24 hours. She believed, however, that the shack was in the country, not far from her home. The girl said she did not hear the vehiclees which took her to and from her place of im prisonment passing over city streets. Maj. Munshower said the girl told him: "One of the men asked me, ‘Does your father have a good job?’ “I told him, ‘No, he's just a poor farmer.’ » “Then he said. ‘In that case, we don’t want you!’ ” Still Befuddled. Maryland police today had been unable to locate the place where the girl was put out of the car. Maj. Munshower said she appeared “still befuddled" and that he was con vinced she did not know where she left the machine. Mrs. Brown told Maj. Munshower that when her daughter returned she was clad only In a slip, under wear, one shoe, stockings and ank lets. The stockings were in tatters, as if the girl had run through the woods. It was believed she must have turned off the highway while walking home or she would have been seen by the troopers or spec tators gathered in the vicinity. Two suspects were arrested by Washington detectives shortly be fore noon today as they returned to their black truck parked at Fourth and E streets N.W. Capt. Edward McK. Johnson of Maryland State police was expected to ques tion the men later today. Their truck resembles in a general way the description of the one in which Mary Brown was first reported car ried off about 4:45 p.m. Wednesday as her sister Lucy, 15, ran across the fields to her home for help. Sleeping in Truck. The suspects explained they were railroaders out of work. They said they had been sleeping in the truck, which contained blankets. Police also suspected another black deliv ery truck spotted by a traffic officer at Seventh street and Constitution avenue N.W. Still in bed this morning, but re covering from shock and exposure, Mary related her story to Maj. Munshower. She said she believed there were three men in the truck in which she was carried away. The third man, she said, probably was in the rear. While the truck sped rapidly from the scene, Mary said, she was blind folded by a handkerchief. They drove rapidly for a considerable time, she told the police superintendent, and the men with her did not speak, although she asked them questions. Kept Blindfolded. The girl said she believed, from the sound of the tires, that they drove to a shack in the country. 6he had no idea how far they might have been from her home. While in the shack, she said, she was kept blindfolded. On two or three occasions, the girl related, she (See KIDNAPING, Page A-T) Road to Freedom The first of a series of dra matic productions, “Road to Freedom,” portraying the story of the common man’s fight for human rights through the ages, will be presented to morrow evening at 8:30 o’clock on station WMAL. The program, arranged by The Star, will be broadcast through the cp-operation of the Washington Civic Theater, Georgetown University and the National Broadcasting Co. Tomorrow evening’s opening episode, “The Glorious Revo lution,” will deal with the Cromwell revolution in Eng land from 1642 to 1649. Tune in WMAL tomorrow evening at 8:30 for this first broadcast of a series which The Star hopes you will enjoy. $17 Minimum Pay for Women In Offices to Be Proposed Board Is to Get Conferees' Recommendations Next Week Concluding a month of study, the Office Workers Minimum Wage Conference today decided to recom mend a $17 a week minimum wage for women employes in office and unclassified occupations. The conference recommendations will be drawn up formally and signed by the conference Wednesday. They will then be transmitted to the Minimum Wage Board, to be effec tive 60 days after the board accepts. Following an executive session in the old Police Court Building this morning, the conference made known that it will recommend the $17 basic wage for a standard work week of 3 to 44 hours. This is the same wage established for women employes in the retail Industry a year ago. The employer members of the conference had supported the $17 budget, while the employe members had asked a minimum wage of $20.60 a week. The conference recommendations provide a $14 minimum for learners, but the apprentice period can ex ! Fisher Body Plant Closed by Walkout Of U. A. W. Workers Strike Vote May Force Buick's Flint Factory To Lay Off 13,000 Br the Associated Press. FLINT, Mich., Dec. 2.—The Fisher Body Co.’s plant No. 1, employing from 6,000 to 7.000 men, closed at 12:30 pjn. today when members of the C. I. O. United Automobile Workers walked out on strike. The men left the plant a few minutes after completion of a strike vote taken in connection with a prolonged dispute over wage rates in the press and metal department of the plant. U. A. W. officials said the men voted 3,434 to 433 for the strike. The plant, scene of one of the first sit-downs in the General Motors strikes of 1937, has been employing 6,400 men. Company officials said sufficient workers had left their jobs so that it was impossible to continue opera tions. May Close Buick Plant. Fisher Body is a division of Gen eral Motors Corp. G. M. spokes men indicated cessation of a supply of bodies from the Fisher plant would necessitate dosing the Buick plant here, which has been employ ing approximately 13,000 men. The plants normally do not op erate on Saturday. The Executive Board of the Flint i U. A. W. local No. 581 said in a state ment that grievances had been taken up through the “regular grievance procedure” and that “no satisfactory answer has been re ceived.” The strike “has been fully authorized by the international of the U. A. W„” the statement said. An unauthorized sit-down strike last Friday aW the Detroit Plymouth division of the Chrysler Corp., where 60 strikers were involved in a strike, leaving 14,000 idle for a day. drew a warning from Leo La motte, U. A. W. Executive Board member, of severe disciplinary ac tion against “wildcat strikers.” La motte announced that at the union s request four alleged ringleaders in the Plymouth strike were laid off for two weeks. Grand Jury Probes Chrysler Dispute NEW CASTLE, Ind„ Dec. 2 (>P).—A grand jury met today to look into reports of violence in a dispute be tween Congress of Industrial Or ganizations and American Feder ation of Labor unions which has shut down the Chrysler Corp.’s au tomobile parts factory here. The plant closed yesterday. Pickets of the United Automobile Workers of America (C. I. O.), which had set Nov. 30 as the deadline in a drive to unionize the 3,600 employes, turned workers away who did not show union cards. Soon afterward electricity was shut off and work stopped. Prosecutor M. M. Edwards, de manding the jury session, charged several non-union men had been thrown over the company fence, a (See STRIKES, Page A-4.) Jewish Police Slain By the Associated Preis. JERUSALEM, Dec. 2. —Three Jewish supernumerary policemen were killed in ambush today while guarding an isolated Jewish settle ment near Beisan. tend a maximum of only six months. A wage of 50 cents an hour Is rec ommended for part-time work and for overtime work. Since the min imum wage law provides that a girl may work 48 hours a week, office workers may receive a $19 week wage because four hours’ work would be considered overtime. Workers would be paid by the hourly rate if the amount of their .employment is less than 30 hours a week. Under the conference recom mendations, learners will be limited to 10 per cent of the total number of workers in an office, except in establishments where the number of employes is between two and 10. In this case only one learner will be permitted. The conference also provided that an employe called for part-time duty must be provided at least four hours work in a single day. It also pro vided that an employe’s working hours may not be spread out over a period longer than 12 hours in a single day. __ France Is Facing Renewed Strikes And Peril to Tunis Labor Is Protesting Dismissals After Walkouts BACKGROUND— Premier Edouard Daladier, us ing decree powers given him by Parliament after Munich peace agreement, instituted 3-year program of economic mobiliza tion, which included nullification of 40-hour week. Labor, pro testing, called general strike Wednesday, but Premier Daladier broke it by using armed force. B» the Associated Press. PARIS, Dec. 2.—The dual danger of more strikes, with increasing bit terness among labor at home and what was feared to be an Italian campaign for colonies in Africa, con fronted the government of Premier Edouard Daladier today. The new strikes were in protest against the discharge of workmen who led the one-day Jeneral walk out Wednesday whlkh M. Daladier crushed before it could have marked effect. The General Confederation of Labor and the Socialist party charged 1,500,000 workers were dis charged, suspended or locked out of factories. An Informant who knew government sources put the figure at “not more than 70,000.” Early Success Noted. A general strike at St. Nazaire, which included calls to 11,000 metal and shipyard workers, appeared to have at least early success. Thousands refused to report to duty in the port's shipyards and metal factories in defiance of the government's threat of layoffs and withdrawal of vacation and seniority rights. At Le Havre, 12,000 textile em ployes were called out and smaller strikes were ordered elsewhere. Mobile guards and gendarmes were on hand to maintain order. St. Nazaire bristled with mobile guards hurriedly dispatched to keep order and protect workers who stayed at their jobs. Many Plants Crippled. Up to noon there had been no disorders. Many major plants were crippled, however. In one big ship yard only 80 of a total personnel of 1.500 reported to work; only one <See PRANCE, Page A-5.) Japan's Biggest Budget In History Approved Bi the Associated Press. TOKIO, Dec. 2.—Japan’s 1939 1940 budget, the largest in the empire's history, was approved by the cabinet today. It does not in clude China war expenditures, which will be met by supplementary ap propriations. The budget totaled 3,694,752,000 yen (about $997383,000). This was about 200,000,000 yen lower than the figure submitted by the finance min istry, but still was 180,000,000 yen ($48,000,000) above last year’s budget. Domei, the Japanese news agency, predicted the war appropriations would bring the total expenditures for the year to five billion yen (about $1350,000,000). The budget now has to be sub mitted to Parliament, which will meet late this month. Chipped Vertebra Bars Pinckert From Giant Game By BILL DISMER, Star Staff Correspondent. GARDEN CITY, Long Island, De cember 2.—Erny Pinckert, veteran blocking halfback of the Washington Redskins, today was found to have a chipped vertebra of the fifth cervical and was told he could play no more football this season. Suffering from what he thought was a stiff neck, Pinckert was ex amined by the house physician of the Garden City Hotel, where the Redskins are staying for their East ern championship battle with the New York Giants two days hence. The hotel doctor, in turn, sent the former Southern California all America to the Nassau Hospital, where Dr. A. R. Robbins, the out standing X-ray specialist of this vicinity, discovered the chipped ver tebra. Pinckert says he believed the in jury resulted from a tackle he made on Whimer White in last Sunday’s game in Washington, for he noticed a soreness in rising after downing the Pittsburgh star. At the time he paid little attention to it, but it grew to be exceedingly painful and he had been unable to sleep for the past two nights. Assistant Coach and Trainer Roy Baker or dered the examination and the ex tent of the injury was revealed. The brilliant veterah, who, with Capt. Turk Edwards, is one of the original Redskin team formed in 1932, was noted for his crashing type of play, both defensively and offensively. His superb blocking has paved the way for many a Red skin gain and his work in backing up the line always has been of the vicious type calculated to stop op posing ball carriers. Even should the Redskins win Sunday and get into the play-off game, Pinckert would be unable to play in the title classic, even though it was not played tatll December 11. U. S. Weighing Prosecution of Communists Bund Also Included For Failure to Register As Foreign Agent BACKGROUND— Special House committee was set up several months ago to in vestigate subversive activities in this country. Representative Dies of Texas, the group’s aggressive chairman, has directed most of his attention at Communists, al though a number of witnesses have testified concerning the German-American Bund. At one point committee was rebuked by President Roosevelt for testimony concerning Gov. Frank Murphy of Michigan. Sr the AuocUted Preu. The Justice Department is study ing seriously a request for prosecu tion of the Communist party, the German-American Bund and some other organizations for failing to register as agents of foreign prin cipals. Representative Dies, Democrat, of Texas recently asked the State De partment that such action be taken. Mr. Dies, chairman of the House Committee on Un-American Activi ties, asserted that evidence present ed to his committee Indicated the Communist party was an agent of the Communist Third International, which maintains headquarters at Moscow. In the absence of Secretary of State Hull, Undersecretary Sumner Welles forwarded the Dies letter to Attorney General Cummings, who referred it today to Brien McMahon, chief of the Justice Department's Criminal Division, for “careful con sideration.” Mr. McMahon said he would give the matter close personal attention. Representative Dies’ letter said other evidence indicated certain “front organizations of the Commu nist party also were agents for the parent organization. He named spe cifically the League for Peace and Democracy, the International La bor Defense and Civil Liberties Un ion. There are other indications, Mr. Dies added, that the German Amerlcan Bund represents Ger many's Nazi party in this country. Reds Feared Probers. Representative Dies asserted today that Communists had been forced to “loosen their hold” on American labor unions because of their “ex posure” by his committee. Homer Martin, president of the United Automobile Workers, told the committee yesterday Communists were active in all labor organiza tions, including both the American Federation of Labor and the C. I. O. Mr. Martin’s union is one of the largest in the C. Z. O. He said he had told John L. Lewis, C. I. O. president, that some of the organi zation’s leaders who since have been removed were “nothing but stooges for the Communist party and threaten to destroy the C. I. O.” Sees Forced Clean-up. Summing up the testimony of the U. A. W. executive and other wit nesses who have discussed Commu nism in the labor movement, Chair man Dies said: “I think this exposure of Com munists is going to result in respon sible labor leaders being forced to clean them up. There is a tremen dous sentiment in the labor move ment to take them out of strategic positions where their influence won’t be felt.” In his testimony, however, Mr. Martin said the number of Commu nists active in labor unions has been ‘ ‘overemphasized He also took occasion to criticize the Dies committee as a “political tool in the hands of reactionary" in terests. He had appeared before the committee only reluctantly, alter be ing subpoenaed. Mexican Plane Crashes By the Associated Press. MEXICO CITY, Dec. 2—Five passengers and the crew of three were killed today wpen a Compania Mexicana de Aviacion airliner crashed against a hill soon after leaving Mexico City for Merida, Yucatan. Business Population Boosted 49,000 in 1937, Thorp Says 1,300 New Enterprises Started Daily in U. S., Economist Asserts BACKGROUND— President Roosevelt last winter asked Congress to make compre hensive study of Nation’s eco nomic structure. Accordingly, 12 man committee with representa tives of both the legislative and executive branches of Govern ment was set up and supplied with tS00,000. F6r several months, committee and its technical aides have been making preliminary studies. Open hearings began yesterday. By JOHN C. HENRY. For each working day in 1937. there were 1.300 new business enter prises established in the United States, Dr. Willard L. Thorp, Depart ment of Commerce adviser, told the National Economic Committee to day. By contrast, he added, a similar graph of discontinued enterprises re flects an average of 1,150 business "deaths" daily in that year. The net was an increase of the Nation's business population by 49,000 enterprises in 1937, he said. Dr. Thorp, who is on leave from a private business position with Dun & Broadstreet, was the second witness to appear before the 12-man group, often referred to as the Federal Monopoly Committee. Dr. Isador Lubin, commissioner of Labor Statistics, at yesterday's open ing hearing proposed redistribution of income as the only way of ad vancing America's standard of living and thereby opening new markets for Industrial production. 400,000 See Opportunity. “At least 400,000 people apparently feel there is opportunity in the busi ness world and start out each year,” Dr. Thorp told the committee this morning. “By contrast, of course, a slightly smaller number And they were wrong and retire from the business scene or change their line of activity.” Charting the business population of the Nation since 1900, the econo mist declared: “The total listed concerns showed a steady increase from 1900 to 1929, with only minor fluctuations. “Between 1929 and 1933, however the number of concerns dropped (See MONOPOLY, Page A-3.) New President for Ecuador QUITO. Ecuador, Dec. 2 (/P).—Dr. Aurelio Mosquera Narvaez was elect ed President of Ecuador today by the Constituent Assembly. Summary of Today's Star Page. Page Amusements, Obituary ...A-14 D-S Radio...D-4 Comics . C-10-11 Sports -D-l-3 Editorials ..A-l* Society.B-3 Financial _r A-19 Short Story, A-16 Lost and Found, Woman’s Page, D-4 C-S Foreign. Franco bombs 300 U. S. volunteers leaving Spain. Page A-l France is facing more strikes and Tunis peril. Page A-l Italy’s demand erases reason for Chamberlain trip. Page A-S Hull lauds Colombia’s economic and social progress. Page A-S Britain seeking commercial suprem acy in air. Page A-4 Refugee group seeks to avoid Reich “flight tax.” Page A-6 National. Fisher body plant closed by U. A. W. walkout. Page A-l 1,300 new business enterprises begun dally, economist says. Page A-l Methodist minister found shot to death; son is held. Page A-l Nebraska may set up State-wide public power system. Page A-t Bus-train crash toll is 23 dead, 16 injured. Page A-S All but two holding companies re spond to S. E. C. order. Page A-S Lammot du Pont opposes Incentive taxation proposal. Page A-3 Orand Jury probes union’s dispute in auto plant. Page A-4 Roosevelt and Hopkins continue to discuss relief needs. Page A-S Financier's arrest balks wooing of Loretta Young. Page A-4 Livestock sales may net owners •1,000,000. Page A-l War Department ready to test new infantry regiment. Page A-10 Washington and Vicinity. $17 minimum proposed for women in office. Page A-l Warring income tax case goes to Jury. Page A-l Nice spurs search for three adductors of Mary Brown. Page A-l Row house permits sought in Ar lington despite ban. Page A-l Montgomery rescinds move to legal ize zoning infractions. Page A-lt District Court to study pre-legal education. Page B-l Editorial and Comment. Editorials. page A-12 This and That. Page A-12 Answers to Questions. Page A-12 Letters to The Star. Page A-12 David Lawrence. Page A-13 Alsop and Kintner. Page A-13 Frederic William Wile. Page A-13 Jay Franklin. Page A-13 Lemuel Parton. Page A-13 Sports. Redskins size-up as superior outfit to New York Giants. Page D-l A. A. U., meeting here, has remark able growth in 50 years. Page D-l 100-pound teams polish for charity grid game Sunday. Page D-2 Department Store to roll en masse in Star’s tournament. Page D-3 Miscellany. Nature’s Children. Page B-1S Bedtime Story. Page B-16 City News in Brief. Page B-17 Cross-Word Puzzle. Page C-1S Letter-Out. Page C-10 Winning Contract. Page C-ll Uncle Ray’s Comer. Page C-ll a Denied Appeal, Hurls Tomatoes At 2 Judges B» the Associated Press. LONDON, Dec. 2.—A disappointed litigant stood up today in the august Court of Appeals and bombarded two bewlgged lord justices with to matoes. He missed, but the justices, Sir Charles Clauson anp Sir Rayner Ooddard, gave him six weeks in prison for gross contempt of court. Earlier in the morning the litigant. Frank Harrison, had been refused an appeal for a new trial in a minor county court in an action in which he was involved. He departed muttering. After a while he returned, his coat bulging strangely. As the lord justices arose for luncheon. Harrison stood up in the back of the courtroom and shouted, "I want justice!” Then he began pulling tomatoes from under his coat and opened fire. Neither justice was hit, but one overripe missile squashed against the woodwork Just over the Hon. Mr. Justice Clauson's full-bottomed wig. - .1 -» - — — - - Minister Found Shot To Death; Son Held For Questioning Spain War Veteran Says He Can't Recall What Happened in Night Bj the Associated Press. BAINBRIDGE, Ohio, Dec. 2—Dr. Russell H. Bready, about 60, Meth odist minister in this town of 800 and former Pontiac, Mich., mayor, was found slain here early today. Shot in the temple, Dr. Bready’s body was found crumpled on a side walk two blocks from the Methodist parsonage. Sheriff Joseph Vincent ordered Dr. Breadys 29-year-old son, Robert, an accountant, detained for ques tioning. Marshall Earl Edington of Bain bridge said that blood was found in the downstairs of the parsonage and in three upstairs rooms. An auto matic pistol was found under a pil low in a bed room. ♦ Young Bready when questioned by Marshall Edington and Deputy Sher iff Don Lowery, said he couldn’t re member a thing since last night when he was sitting beside a radio drinking. Lowery said a bottle of apple wine was found in the parsonage. Taken to view his father's body, the son said: "Father’s dead.’’ Young Bready returned to Bain bridge a year ago and told neighbors he had been fighting with the Loyal ist forces in Spain. Dr. Bready, who took the Bain bridge pastorate about four years ago, also had held pastorates in Cin cinnati, Detroit, Pontiac and Pioneer, Ohio. His wife died last July. U. S. Volunteers Leaving Spain Bombed by Franco Railway fe Attacked at Border After 300 Pass to France B> the Associated Press. LA TOUR DE CAROL. Prance fat the Spanish frontier), Dec. 2.—The Spanish insurgent air force by chance or design today took a part ing shot at the government’s Lin coln-Washington battalion by bomb ing a railway at the Franco-Spanish frontier as more than 300 demobil ized American volunteers left Spain. Five insurgent planes plunged 18 bombs on the railway outside the Spanish border town of Alp, shortly after the Americans had crossed into France. This was the largest exodus of American fighters since the Barce lona government decided to release all foreigners in its international brigades. Bombs Fall Nearby. The volunteers, standing in safety on the railway station platform of this French border town, watched the bombs fall a few hundred yards away. The departure of the greater part of the American recruits had been well publicized, and some of the contingent believed the insurgent air force must have known of it. Government anti-aircraft bat teries at Puigcerda just across the border from La Tour De Carol fin ally drove the raiders away. Casu alties and damage were not deter mined immediately. ' Only unwounded were included in the American group, which French authorities said numbered 332 sol diers. An additional group of about 300, which would include all wounded, is expected to reach here Decem ber 8. Most of those homeward bound today insisted they would be willing, if it were possible, to enlist all over again under the command of 23 year-old Maj, Milton Wolfe, who (See VOLUNTEERS, Page A-7.) Mechanic Hurt in Fall With 700-Lb. Motor Robert Franklin Messersmith, 31, junior mechanic at the United States Capitol power plant, was seri ously injured this morning in an accident at the plant in Garfield Park. Messersmith, helping to hoist a 700-pound replacement motor to the cold storage area, was trapped when the lift gave way after a “sling twist” gave way near the top of the shaft, plunging man and motor 100 feet to the ground. Attendants summoned aid and Messersmith was rushed to Provi dence Hospital, where his Injuries were announced as a compound fracture of the left leg, lacerations and bruises about the head and body and possible internal Injuries. Messersmith lives at 1333 Valley place S X White House Staff Will Aid Christmas Campaign for Needy Collection Chiefs Named for U. S. Agencies To Receive Gifts to Bring Yule Cheer Deeply stirred by the Christmas needs of Washington’s thousands of poor families, the White House executive staff today joined the army of official groups co-operating with the Christmas campaign of The Star, Warner Bros, and the National Broadcasting Co., which is designed to insure to each District family its full share of holiday food, clothing and toys. Under the direction of Prank Sanderson, administrative officer of the White House, collection boxes for the receipt of gifts from the White House employes will be placed on each floor of the executive offices. A special red and green sign bearing the message “You are Santa Claus” will be placed before each box. The presents from the White House, like the presents from the departments and agencies of the Government and like the presents received at the Warner Bros, theaters toy matinees December 17, will be distributed to unlucky fami lies during the Christmas sgason by the Metropolitan Police Depart ment and the District Congress of Parent-Teachers. Money gifts will be used by the department and the congress to buy food, clothing and toys. Mr. Sanderson accepted the direc torship of the White House's part of the campaign to drive unhappi ness from Washington on Christ mas Day after he conferred with Rudolph Forster, executive clerk of the White House. He is a lieutenant in the army of Harry R. Dsmlel, the Federal co-ordinator for the cam paign. Other Agencies Join. The almost limitless scope of this great movement to Insure a real Christmas in every Capital home had its bounds thrust even farther afield today, according to reports reaching the office of Mr. Daniel, who Is chief of the division of cur rent information at the Commerce Department. Besides the White House, the agencies which Joined the campaign (See CAMPAIGN, Fife A-3.) Warring Case On Tax Charges Goes to Jury Judge Says Body Does Not Have to Pass on Bribe Deductibility „ BACKGROUND— Emmitt, Leo and Charles (Rags! Warring and their tax adviser, Gordon L. R. Sadur, are charged with conspiracy to de fraud the Government of some $21000 in profit taxes on a $2, 000,000 numbers business. Taxes claimed covered a period of three years and case involves alleged effort to conceal from taxation 113,000 which Emmitt assertedly paid for police protection—dur ing one year. By CARTER BROOKE JONES. The Warring income tax fraud case was submitted to a District Court jury of 1 woman and 11 men at 11:58 am. today, after a trial that lasted nearly three weeks. Justice Bolitha J. Laws charged the jury after United States attor ney David A. Pine, in the closing argument, urged conviction of “these racketeers intrenched behind protected lawlessness” and declared an acquittal would “place lawless ness in the saddle.” Justice Laws instructed the jury that it did not have to pass di rectly on whether police protection money paid by a gambler was de ductible from his taxable income. The Government contended it was not. Referring to the item of $13,000 in Alleged protection which the Gov ernment said was withheld from the 1935 income of the numbers busi ness, Justice Laws said the jury need pass only on whether the Warrings’ tax consultant, Gordon L. R. Sadur, honestly believed this an allowable deduction or whether he tried to conceal it with the mo tive of defrauding the Government. The whole alleged conspiracy, the court told the jury, was a question of the state of minds of the de fendants, not whether they paid sufficient tax. The district attorney added: “They ask us why we didn't let the Warrings pay up their tax? You would think the Government waa dealing with a Bible class. The de fense cited the cases of business executives, professional people and movie actors who were allowed to adjust large income tax claims. I know of cases where the Government didn’t let racketeers pay up to escape prosecution—that's the difference. “No doubt the Warrings would have liked to settle the tax. Then they'd have reduced the odds and made the poor, gullible public pay more. ‘Put Police Under Cloud.’ “They already have corrupted one branch of our law - enforcement agencies. They didn’t have the de cency to name the police they were paying off. thus leaving the whole department under a cloud, whfen you and I know that by and large the police are honest.” Discussing the evidence that the three Warring brothers had done a $2,000,000 numbers business In 193S but had returned for taxation in comes of only approximately $1,868 apiece, the district attorney said: “Was Emmitt Warring conduct ing an eleemosynary institution for the benefit of his clerks, his pick up men and the police?” Mr. Pine cited on the Warring tax returns the fact that some of his clerks who were on salary and numerous of his pick-up men were earning larger sums that year than he admitted in his tax returns. “Can This Gang Go Unwhipped?” Answering the argument of de fense counsel that the Warring brothers and their tax consultant. Gordon L. R. Sadur, were tricked into statements by Federal investi gators, Mr. Pine said he didn't blame the intelligence unit of the Internal Revenue Bureau for being careful how they dealt with “this gang.” The prosecutor added: “They were dealing with men who had made a crooked alliance with-crooked police. And this in volves the question of whether this gang, entrenched behind a barrier of protection, can go unwhipped of justice .” The defense. Mr. Pine cited, had tried to make out that Emmitt War ring was a guileless soul who didn't know about figures and taxes. “Emmitt is no fool,” the prosecutor told the Jury, "anyone who could build up on a shoestring a business that probably was bigger than 90 per cent of the businesses in Wash ington if you exclude the utilities and big department stores.” Charging Sadur with “an account ing legerdemain which is better than pulling a rabbit out of a hat,” the district attorney said the numbers firm ought fcfhave been called “War ring Bros. St Sadur.” Changes Phony Tax Schedules. He charged Sadur with presenting the Revenue Bureau with “phony, doctored tax schedules,” and de clared it was obvious that the tax report was “trying to get the War rings out of trouble and keep their taxes down at the same time.” In the closing argument for the defense yesterday afternoon, Leo A. Rover, attorney tor Sadur, con tended there was no evidence that (See WARRING. Page A-14.) Mclntire Takes Oath As Surgeon General By the Anoolttcd Preu. WARM SPRINGS* Ga., Dec. 2 — Capt. Ross T. Mclntire, the White House physician, took the oath here yesterday as surgeon general of the Navy, succeeding Rear Admiral Per cival S. Rossiter, retired. A fellow officer in President Roose velt’s entourage, Capt. Daniel J. Cal laghan, naval aide, swore in Mc lntire, who thus became a rear ad miral advancing from a permanent rank of commander. His captaincy was only temporary while he was stationed at the White House.