Weather Forecast
Partly cloudy tonight; fair tomorrow
and somewhat colder; lowest tonight
about*42 degrees; moderate westerly
winds. Temperatures today—Highest,
59, at 2 p.m.; lowest, 44, at midnight.
Full report on page A-2.
First in Washington—
First In the news coverage that
builds.public confidence—First in
circulation and advertising that
reflect public confidence.
Closing New York Markets, Page 18.
^*) Meant Aeeociated Press.
C£IfV» VP AT? Q4 kki Entered as second class matter
Oulll I XjxjlXV* IN O. OT^t/ul* post office, Washington, D. C.
WASHINGTON, D. C.,. MONDAY, DECEMBER 5, 1938—FORTY PAGES. ****
THREE CENTS.
Daladier Bars
Tunisia, Corsica
Gifts to Italy
Demands Integrity
Of Possessions
Be Respected
BACKGROUND—
Last Wednesday Italy began
new campaign for expansion in
Mediterranean. Speech of Italian
foreign minister. Count Galeazzo
Ciano. in Chamber of Deputies
touched off demonstration and
shouts of "Tunisia.” French pro
tested and Britain supported
France by instructing her envoy
in Rome to make representations
to the Italian government.
Bj the Associated Press.
PARIS, Dec. 5.—Premier Daladier
flatly asserted today that France
had no intention of giving up any
part of her territory, personally an
swering Italian qlamor for French
Corsica and Tunisia.
(In Rome Virginio Goyda. the
Fascist editor, indicated that
Italy would make demands on
France at a later date.)
M. Daladier. in a communique, an
nounced his intention of visiting the
two regions shortly after the first of
"the year. He urged inhabitants,
who have been demonstrating riot
ously against the Italian campaign,
to remain calm.
"There is no need to state that
these manifestations (in Italy) will
meet strong opposition against the
cession of any territory over which
the national flag floats," the premier
declared.
His statement was regarded as
doubly significant in view of prepa
rations here to receive Joachim von
Ribbentrop, German foreign min
ister, who is coming to Par^s tomor
row to sign a French-German no
War accord.
•tacks territorial Integrity.
M. Daladier did not limit his re
marks to Italy's newly-raised de
mands. He also declared France's
resolution to demand respect for
“the absolute integrity" of all
French territory by “every means."
Both French and Germans agree
that the war-renunciation pact,
similar to the declaration signed bv
Reichsfuehrer Hitler and British
Prime Minister Chamberlain at
Munich last September 30. would
be only the starting point for
further negotiations between Paris
and Berlin.
Some observers believed that M.
Daladier had cleared the air for
the French-German discussions with
a definite expression of France's
position against colonial demands
from either of the Fascist partners.
No hitch was expected, however,
to signing of the pact, as M. Dala
dier apparently was determined to
go through with it. This was in
dicated by the fact that formal
conversations were arranged for
after the signing rather than
before it.
The demonstrations of loyalty in
Tunisia and Corsica, M. Daladier
said, were the best response that
could be made" to Italy's demands.
He added that a protest made by
France already had won a declara
tion from the Italian government
that demonstrations for colonial
claims were not formulated by the
government.
That the premier made his dec
laration after receiving the Italian
answer, however, indicated that
France still believed it would be
difficult in a country where public
opinion and the press are as well
controlled as in Italy for such a
campaign to get under way without
government support.
rress examines Agreement.
The French press, although gen
erally approving the agreement with
Germany, warily looked into it today
to find the game of the Rome
Berlin Fascist alliance.
A report that Von Ribbentrop i
would offer to act as mediator be- |
tween Rome and Paris already was j
mooted about Paris, but the ques
tion everywhere was "at whatj
price?"
Premier Daladier's own Radical
Socialist party newspaper, L Oeuvre,
referred to the fact that Von Rib
bentrop s visit to Paris coincided
wuth Italian agitation for French
Tunisia and Corsica and said flatly:
"It is a trap.”
M. Daladier himself, reliable in
formants said, was ready to re
ject Von Ribbentrop s bid if any
strings were tied to it, such as
aid for the German goal of re
turned colonies.
These informants indicated the
French believed Premier Mussolini
of Italy would be willing to call
* halt to the Tunisia agitation if
(See TUNISIA, Page a78.)
--- •-—-—
Britain Reassured
On Tunisia by Italy
By the Associated Press.
LONDON, Dec., 5.—Prime Minister
Chamberlain announced today he
had received assurances that the
Italian government "did not asso
ciate” itself with the territorial
demonstrations against France.
He said, therefore, he saw no rea
son to change arrangements for his
visit to Rome next January 11.
The Premier told the House of
Commons that the Italian assur
ances had been received after the
Earl of Perth, British Ambassador
to Rome, had told the Italian foreign
minister, Count Galeazzo Ciano, that
such incidents “must have a detri
mental effect on the prospects of
collaboration between the four
Munich powers” unless “steps are
taken to correct the impression
created.”
Mr. Chamberlain, countering nu
merous opposition questions, indi
cated French sovereignty over Tuni
sia, Corsica and Nice was covered by
•an annex to the Anglo-Italian agree
ment of April 16, which placed
Britain and Italy on record as hav
ing no desire to modify the terri
torial situation in the Mediter
ranean. This accord came into
^>ree November 16. ^
Tax on Those Who Call Strikes,
Keep Plants Idle, Proposed
Industrialist Suggests Levy on Workers
Or Owners Who Hold Up Production
An industrialist proposed to the Senate Profit-Sharing Committee
today that the Government levy a high tax on those who call strikes and
those who voluntarily take industrial machinery out of production.
C. W. Hazelett, president of the Hazelett Metal Co. of New York,
told the committee that such taxes, if accompanied by* lower taxes for
those who maintain a high r ate of employment of their productive facilities,
would solve the unemployment problem.
Mr. Hazelett, author of a book on Incentive taxation, argued that
tax laws should be geared to the«^
production or "tremendous profits,
which he said can come only from
"great employment of money, men
and property.’’
Tax on Idleness.
“We must make it so profitable
for all these things to be in a high
rate of production and so expensive
for them to be in a low rate of
production that no class, be it labor
or capital, can afford to be idle,”
he said.
Under his plan, he added. “Ob
viously it will be too expensive for
either labor or capital to strike.”
“If labor is made idle by a strike,
those responsible for the strike
must support those made idle
thereby. In any case, the respon
sibility for supporting idle people
is upon those who make them idle,
and labor has no fear of the lack
of a job or of support.”
He argued that the right to strike
had not improved the condition of
labor because a strike reduces pro
duction “and therefore real wages,”
and because capital also may strike
in retaliation.
“The fact that capital can live
much longer on its accumulation
than labor,” he said, “makes the
strike of the latter absolutely futile.”
“To be more specific, it is a plan
to reduce present tax rates on all
those who maintain a high rate of
employment of their productive fa
cilities. It requires p high rate of
taxes on productive facilities taken
out of production by the owner, such
increased taxes to be for the support
of people made idle thereby.
“On the other hand, it proposes
to tax those calling strikes to sup
port the strikers until re-emploved.
It proposes the elimination of relief
by giving people a permanent op
portunity to work. Moreover, it
proposes a tax on idle money, with
no tax on money in reasonable use.
Turns Loss Into Profit.
“In a single sentence,” Mr. Hazel
ett continued, "it is a proposal to
tax those who own or control pro
ductive facilities of all kinds to sup
port people made idle by the idle
ness of those facilities, as a means
of permanently preventing idleness
and lowering of taxes.”
Earlier. Joseph M. Friedlander,
treasurer of the Jewel Tea Co., told
the committee his firm had turned a
loss ranging as high as $2,000,000 a
year into profits averaging about
$1,000,000 a year, after it began shar
ing profits.
"Good Business Investment.”
The Chicago merchandising ex
ecutive said he believed his com
pany's payment of $2,179,000 in
profit-sharing and $459,125 in extra
wages during the last 10 years had
been “a good business investment.”
During that period, he said, $40,289,
000 had been paid out in regular
wages to employes now numbering
3,600.
On the other hand. Henry S.
Dennison, president of the Dennison
Manufacturing Co.. Framingham,
Mass., testified before the Profit
sharing Committee that his com
pany had had a form of profit
sharing since 1911. but the system
“discontinued itself” in 1930 because
the company went “into the red”
that year.
Mr. Dennison warned against
generalization about the benefits of
profit-sharing, asserting that a plan
which worked for one company
might fail for another.
Mr. Friedlander recalled how the
(See~COMPENSATION, Page A-4 )
Santa Claus Surplus
ST. LOUIS. Dec. 5 (IP).—A Santa
Claus surplus is this city's latest
unemployment problem.
Twelve roly-poly, jovial gentle- j
men listed with the Red Cross— !
which acts as a Saint Nick ex- j
change—thus far have been unable j
to obtain jobs. '
Ford Says Father
Was Early Victim
Of Patent Control
Denied Membership in
Auto Makers' Group,
Committee Is Told
Open hearings began last
Thursday on governmental com
prehensive economic survey as
asked last spring by President
Roosevelt. Temporary National
Economic Committee is official
name of group which is popularly
known as Monopoly Committee.
Twelve-man committee of legis
lators and officials was supplied
with $500,000 to begin inquiry
which will cover entire economic
aspect of Nation and may last
many months.
By JOHN C. HF.NRY.
One of the earliest efforts at
maintaining a patent monopoly—
success of which would have de
stroyed the Ford Motor Co. in the
initial year of its operation—was
described before the Monopoly Com
mittee today by Henry Ford's son.
Edsel B. Ford, now president of the
giant company.
Root of a feud which has seen
the Ford company remain perma
nently aloof from the Association
of Automobile Manufacturers, the
effort consisted of refusal by the
industry group to admit Henry Ford
in 1903 and later to sue him for
infringement of the Selden patent
on internal combustion motors.
mv lather applied lor member
ship in the association in 1903. the
year his business was founded," Mr
Ford told the committee.
“He was told to go out and estab
lish a reputation as a builder or au
tomobiles before he sought member
ship: to prove he wasn't a fly-by
night manufacturer."
“But if patent infringement had
been found, it would have been diffl
cut for your father to do any manu
facturing of automobiles, would it
not?” asked Hugh Cox, Special As
sistant to the Attorney General.
“If infringement had been found
the company wftuld have been forced
out of business,” Mr. Ford replied
Sued First Year.
Established in June of 1903. the
Ford Co. was sued for the patent
infringement in October of that
year.
The suit required almost six
years, filled 36 large volumes of
testimony. The decision, in 1909,
was that the patent was valid and
had been infringed. Henry Ford
appealed, and two years later got
a ruling that, although the patent
(See MONOPOLY, Page A-6.)
London to Fly Home
From Lima Dec. 19
Bj the Associated Press.
LIMA, Peru, Dec. 5.—Alf M. Lan
don, member of the United States
delegation to the Pan-American
Conference here, has made arrange
ments to return home by air. leav
ing Lima Dec. 19. 10 days after the
the conference opens.
An official of Pan-American
Grace Airways said the reservation
for the 1936 Republican presidential
candidate was made in Washington.
Informed persons asserted that
the main United States delegation
would return by the Grace Line
steamer Santa Clara, sailing De
cember 27, probably not waiting for
the close of the conference.
Summary of Today's Star
Page. Page.
Amusements, Obituary _A-12
B-20 Radio_ A-I6
Comics B-18-19 Sports - A-14-16
Editorials - A-10 Society _ B-3
Financial A-17 Santa Story B-15
Lost and Found, Woman's Page.
B-15 B-12
Foreign.
Won't yield territory, Daladier warns
Italy. Page A-l
Croats to continue autonomy fight
despite vote. Page A-3
Japan reported shelling Pakhoi, near
Indo-China. Page A-4
100.000 Reich Jews may get refuge
in 1939. Page A-4
French factories rehire thousands
after strike. Page A-4
Loyalists prepare for third winter of
war. Page A-4
National.
New Congress seen spending at least
10 billion. Page A-l
Patent monopoly effort of 1903 de
scribed by Edsel Ford. Page A-l
Appeals court overturns ruling on
compensation. Page A-l
$3,157,000 T. V. A. annual loss seen
by Dr. A. E. Morgan. Page A-2
Buick plant closes because of body
shortage. Page A-2
Senator Guffey urges third term for
President Roosevelt. Page A-5
New York boards up old Sixth ave
nue “el.” Page A-6
Court defers sentence of Dixie
Davis. Page A-8
Education of teachers in U. S.
branded as poor. Page A-8
Solo flyer falls from plane; lands
safely. Page A-9
Stock handlers return to work at
Chicago. Page B-7
Hull aims to extend trade program
at Lima. PageB-11
Washington and Vicinity.
Police still without clues in Mary
Brown case. Page A-l
Warring jury, unable to agree, is twice
brought into court. Page A-l
Pedestrian control hearing set for
December 29. Page A-l
Justice Laws talks with deadlocked
Warring jury. Page A-l
Cab driver gives clue to Brown kid
napers’ hideout. Page A-l
Pare boost, better service ordered on
Montgomery bus lines. Page A-l
Two dead, several hurt in week-end
traffic crashes. Page B-l
Former sniper suspect arrested; re
lease expected. j Page B-l
Prince Georges C. of C. urges airport
at College Park; Page B-l
Judge a suicide after family fails to
disarm him. Page B-l
Editorial and Comment.
Editorials. Page A-10
This and That. Page A-10
Answers to Questions. Page A-10
Letters to The Star. Page A-10
David Lawrence. Page A-ll
Alsop and Kintner. Page A-ll
Frederic William Wile. Page A-ll
Jay Franklin. Page A-ll
Lemuel Parton. Page A-ll
Sports.
Alabama again leads in five-year
grid survey, despite lapse. Page A-14
Complete flop of Redskins in rout
by Giants is mystery. Page A-14
Minor baseball leagues talk trades
and rule revisions. Page A-14
Three big bowl games are “naturals”
for first time. Page A-15
Walper finishes third in golf behind
Wood and Picard. PageA-16
Armstrong defends welter title to
night against Manfredo. PageA-16
Boyd slight choice over Everett in
ring bout here. PageA-16
Miscellany.
Bedtime Story. PageB-10
Nature’s Children. Page B-15
Cross-Word Puzzle. Page B-18
Letter-Out. Page B-18
Winning Contract. Page B-19
Uncle Ray’s Corner. ^age B-19
Supreme Court
Backs A. F. of L.
In Utility Case
Overrules Abrogating
Contract; Widens
Board Jurisdiction
By tht Associated Pres
The Supreme Court ruled today
that the National Labor Relations
Board has supervision over a com
pany operating in only one State,
but which sells its products to other
concerns engaged in interstate com
merce.
This decision, applying specifically
to the Consolidated Edison Co. of
New York, Inc., gave broad power,
attorneys said, to the Labor Board
in administering the National Labor
Relations Act,
The opinion, delivered by Chief
Justice Hughes, also held, however,
that the Labor Board had exceeded
■ its authority in directing abrogation
1 of collective bargaining contracts
I between the company and the Inter
national Brotherhood of Electrical
Workers, an affiliate of the American
Federation of Labor.
Acted on C. I. O. Complaint.
The board had acted in the case
on a complaint by the United Elec
trical and Radio Workers of Amer
ica, a C. I. O. affiliate.
! The latter contended Consoli
dater Edison had picked the fed
eration affiliate to represent the
i employes in collective bargaining
negotiations without giving the em
ployes an opportunity to express a
preference.
Consolidated Edison contended in
arguments before the court it was
not subject to the Federal act be
cause it operated entirely within*
New York State and was regulated
there by State law.
The Labor Board replied that the
company sold its product—electric
| itv, gas and steam—to railroads,
communications companies and
other enterprises which operate be
yond the confines of the State.
It was argued by the board that
the Federal act applied because a
strike or other labor disturbance at
Consolidated Edison might have a
‘catastrophic" effect on interstate
commerce.
Intimidations Charged.
Finding the company guilty of
1 "unfair labor practices.” the board
said it had "set in motion a vigor
ous campaign to intimidate, in
fluence and coerce" its employes
into joining the Federation affiliate.
The board also told the court
prior to its decision today that the
company had employed industrial
spies and had discharged six em
ployes for union activity. Their
reinstatement, with back pay, was
ordered.
Mr. Hughes said in his ruling
“it cannot be doubted" that the
activities of Consolidated Edison,
"while conducted within the State,
are matters of Federal concern.”
"In their totality,” he added, "they
rise to such a degree of importance
; that the fact that they involve but
a small part of the entire service
rendered by the utilities in their
extensive business is immaterial in
! the consideration of the existence
of the Federal protective power.”
Board Had Authority.
After reciting the results which
he said would be produced by stop
page of the Consolidated Edison
business, the opinion continued:
"If industrial strife due to unfair
labor practices actually brought
about such a catastrophe, we sup
pose that no one would question the
j authority of the Federal Govern
ment to intervene in order to facil
itate the settlement of the dispute
and the resumption of the essential
service to interstate and foreign
commerce.
"But it cannot be maintained that
the exertion of Federal power must
await the disruption of that com
merce. Congress was entitled to
provide reasonable preventive meas
ures and that was the object of the
National Labor Relations Act. * * •
"We conclude that the board had
authority to entertain this proceed
ing against the petitioning com
panies.”
Can't Make Contract.
The Chief Justice decided, how
ever, that the National Labor Rela
tions Act “gives no express au
thority to the board to invalidate
contracts with independent labor
organizations."
“We think,” he continued, "that
(the) authority to order affirmative
(See COURT, Page A-4.) _
~ -- " •
Washington City Bank
Will Pay Bonus
The City Bank of Washington will
pay a bonus of a half month's salary
to all officers and employes of the
bank before Christmas.
This was announced today by
Clarence F. Burton, president of the
bank. The bonus will go to about 90
people, he explained.
The “extra compensation” will be
distributed soon, at a date to be de
termined, but will be in plenty of
time for Christmas shopping.
The bonus will go to the persons
in headquarters of the bank, at
Ninth street and Massachusetts
avenue, and its five branches, scat
tered throughout the city, _
, Profit-Sharing
A special Senate committee
has been conducting a survey
through public hearings into
the advantages and disad
vantages of profit-sharing and.
“incentive taxation” to en
courage it.
Senator Clyde L. Herring of
Iowa, chairman of the com
mittee, will discuss this sub
ject in
The National Radio Forum
Tonight at 1§:30—V9MAL.
f'soMtmts i wondesN
(If IT IS ft ftCASAKT JDAAAM I
I OR JUST 4N OL’ FASHIONEdL
NIGHTMARE!
j
Appellate Court
Overturns Decision
On Compensation
Declares Act Calls for
Payment of Benefits
Beyond $7,500
The United States Court of Ap
peals ruled today that the Em
ployes’ Compensation Act of the
District of Columbia calls for pay
ment of mpdical and similar bene
fits in addition to the maximum of
$7,500 provided for “compensation"
to a person injured at work.
Overruling a District Court de
cision which had enjoined payment
of any benefits above the $7,500
limit, the Court of Appeals held that
'mathematical accuracy" was con
; templated in the law and that “as
j it is impossible accurately to fore
cast the cost of medical benefits, it
j follows that ‘compensation to be
computed does not include them.”
Controversy Over Benefit.
The case grew out of controversy
over benefit payments under the act
to Julius H. Cobb, formerly employed
by a hardware firm here as a service
man for refrigerators. His attorneys
said he contracted tuberculosis as a
result of using an allegedly faulty
gas mask in repairing a refrigerator
that was leaking sulphur dioxide gas
on December 12.1931. He now is re
cuperating in Florida.
The Liberty Mutual Insurance Co.,
defendant in the case, which was
appealed to the Court of Appeals by
Mr. Cobb and Employes Compensa
tion Commission officials, declined
to continue compensation payments
above the limit Of $7,500 set for
“compensation" in section 14 <M) ;
of the act.
Deputy Commissioner Frank A.
Cardillo of the United States Em
ployes Compensation Commission.
District of Columbia Compensation
District, made a supplementary
award against the insurance firm j
for additional medical expenses, in
cluding a 20 per cent penalty.
On a plea by the insurance com
pany. District Court enjoined en
forcement of the award and Mr.
Cardillo and Mr. Cobb appealed the
case. i
Opinion by Edgerton.
In an opinion written by Asso
ciate Justice Henry E. Edgerton,
the Court of Appeals declared:
“The sole question on this appeal
Is whether expenditures for medical
and similar benefits under section
7 are to be counted in determining
whether the $7,500 limit of total
compensation fixed by section 14
<M> has been reached.
“We conclude that medical and
similar benefits under section 7 are
not to be counted in applying the
$7,500 limit of total compensation
in section 14 tM).
“The same conclusion follows from
the principle that compensation
acts are to be ‘construed liberally
in furtherance of the purpose for
which they were enacted.’ ”
Participating in hearing of the
case were Chief Justice D. Lawrence
Groner and Associate Justice Fred
M. Vinson.
Appellants' Representatives.
United States attorney David A.
Pine. Assistant United States At
torney Allen J. Krouse and Chief
Counsel Z. Lewis Dalby of the
United States Employes’ Compensa
tion Commission, with Associate
Counsel Charles T. Branham and
Ward E. Boote of the commission
and Attorney James E. McCabe, rep
resented the appellants.
They argued to the court that
medical expenses, in the case where
a workman was injured qn the Job,
might equal or exceed the compensa
tion total and the man would get
nothing for himself.
The insurer argued that certain
sections of the act used the term
“compensation” in a sense which in
cludes medical benefits, funeral
benefits, etc., but the appellate
tribunal held that this argument
proves nothing, for it is equally
obvious that in certain other sections
of the act, as well as in the defini
tion, “compensation" excludes med
ical benefits.
O'Conor Back From Cruise
NEW YORK. Dec. 5 OP).—Gov.
elect Herbert R. O’Conor of Mary
land returned from a 16-day Carib
bean cruise today and left imme
diately for Baltimore to prepare for
his inaguration on January 11.
Mr. O’Conor, who was accom
panied aboard the Grace liner Santa
Rosa by Mrs. O’Conor, said he had
obtained a complete rest from the
ardors of his campaign.?
F. C. C. Refuses
Action on Mars
Broadcast
By th* Associated Press.
The Federal Communications
Commission has decided to take no
action on complaints that the Orson
Welles broadcast of October 30
caused many radio listeners to be
lieve that men and Mars were in
vading the United States.
The commission said today that it
believed steps already taken by the
Columbia Broadcasting Co. were
sufficient to protect the public in
terest.
“While it is regrettable that the
broadcast alarmed a substantial
number of people,” the F. C. C. said,
“there appeared to be no likelihood
of a repetition of the incident and
no occasion for action by the com
mission.”
W. B. Lewis, vice president of Co
lumbia. had expressed regret for the
incident and said the technique em
ployed in it would not be used again.
The commission received 372 pro
tests against the program and 255
letters and petitions approving it.
Taxicab Driver Gives
Police Hut Clue in
Kidnaping Case
Shack Is in Direction
Victim Believes
Kidnapers Took
(Pictures on Page B-l.)
Maryland State police were run
ning down a new clue today in an
effort to locate the hideaway in
which Mary Brown. 18-year-old
Oxon Hill. Md.. girl, was held cap
tive by three men who seized her
near her homo last Wednesday.
A Washington cab driver told a
State officer the approximate where
abouts of a shack which, he said,
answered the description of the one
to which the girl believed she was
taken.
The hut in question is located
some distance south of the Brown
home and in the general direction
supposedly taken by the kidnapers.
The officer said a thorough in
vestigation would be made and said
the cab driver's information was
‘‘as good as any of the clues we have
had thus far in the case.”
'Keeps Identity Secret.
The driver, who preferred to keep
his identity from reporters, said he
is familiar with the territory in
which the shack is located and
stated he did not plan to accom
pany the officers as he was ‘‘afraid
he might get shot by the kidnapers”
should they be in the hideout when
police arrive.
The driver earlier reported his
discovery to Metropolitan Police,
through the eleventh precinct, but
he was referred to State officers,
who are in direct charge of the
case.
The girl’s father, William B.
Brown, employe of the Bureau of
Engraving and Printing, said the
girl spent a "more restful night last
night than at any time since her
return.”
Maj. Elmer P. Munshower, su
perintendent of Maryland State
Police, was expected to go to the
Brown home some time after noon
to talk with the girl in an effort
(See MARY'BROWN' Page^A-9 F
Warring Jury Asks
Judge to Repeat
His Instructions
Tries Again to Reach
Verdict and Avoid
Mistrial in Case
By CARTER BROOKE JONES.
Eleven men and a woman, com
posing the jury in the Warring in
come tax fraud case, out since noon
Friday, were called into court twice
today without a decision.
At 9:30 a.m. Justice Bolitha J.
Laws called in the jurors to read
them the famous Allen case, in
which the Supreme Court of the
United States held that it was the
duty of a minority of a jury to try
to reconcile its views to the ma
jority.
Shortly before noon the jury sent
word that it wanted to be charged
again by the court, and Justice
Laws re-read his entire instructions,
which took 50 minutes.
The grim-faced jurors gave no
indication of how they stood, nor
did the court poll them, except
to ascertain that they were in dis
agreement on the guilt or inno
cence of all four of the defendants.
smks to Avoid Mistrial.
Justice Laws was expected to leave
the jury out at least the rest of
the day before declaring a mistrial,
although he did not indicate how
long he would require the 12 to
wrestle with their problem.
While a Malcolm Duvall, 43. a
real estate man. foreman of the
jury, said when questioned by Jus
tice Laws this morning that he did
not think any point of law was in
volved in the disagreement, about
two hours later a deputy marshal
brought word from the jury room
that the 12 wanted to be charged
again in the law of the case.
Justice Laws read a complete
transcript of his charge to the jury
on Friday, which was partly oral
and partly written. The jury- then
retired to make one more effort to
reach a verdict.
Foreman Is Questioned.
Before an almost deserted court
loom. except for the defendants—
Emmitt. Leo and Charles (Rags)
Warring, and their tax advisor. Gor
don L. R. Sadur, and the attorneys
—the weary jurors were brought into
court for the first time.
In the Allen case, the Supreme
Court held that if a juror found
that a large majority of his col
leagues held a different view it was
his duty to examine the question
and decide whether he was merely
being stubborn or whether he could
not in honor do otherwise. Jus
tice Laws added:
“This is no compulsion on the
part of the court. It is an honest
desire to serve the public and the
defendants as well. I want to ask
you to take the case with these
thoughts in mind, which are so
essential to the promotion of jus
tice and fairness, and see if you
can't arrive at a verdict.”
While the position of the jury
was a matter no one outside the
closely guarded jury room knew,
observers in the court room noticed
that when Justice Laws spoke of
jurors who were in a decided minor
ity, several in the box leaned for
ward and looked at one juror in
the front row.
The court asked whether the jury
had been able to agree on the guilt
or innocence of any defendant.
“We have not,” Mr. Duvall replied.
Justice Laws inquired whether the
(See WARRING7Page A-9J
Assembling of U. S. Employes'
Yule Gifts Starts This Week
The tremendous job of assembling
the Federal employes’ contributions
to the Christmas campaign of The
Star, Warner Bros, and National
Broadcasting Co. will be launched
this week under the direction of
Harry R. Daniel, Federal co-ordina
tor for the campaign.
With his organization work prac
tically completed, Mr. Daniel is pre
pared to gather gifts from the more
than 60 departments, bureaus and
divisions of the Federal Government
which are carrying the brunt of this
great drive to insure a merry Christ
mas in every home in the Capital.
The first collection will be followed
by many more, right up to Christmas
Day, and the toys, clothing, food and
money contributed! by the Govern
ment workers will, be dispensed
among the unludA through the Far
ent-Teacher Association and the
Metropolitan Police Department.
Six additional Federal units, lp
cluding the Department of Justice
and the Civil Service Commission,
where Christmas giving has become
a tradition, pledged their full co
operation yesterday. Attorney Gen
eral Cummings already has indorsed
the campaign.
In a letter to Mr. Daniel, William
C. Hull, executive assistant in the
Civil Service Commission, said:
“In accordance with our annual
custom, the Civil Service Commis
sion Welfare Association is planning
a Christmas party to be held about
December 21 or 22. At this party,
employes of the commission con
tribute very generously gifts of toys,
clothing and cash to be given tc
(See YULE CAIffAIGN, Page A-S.)
D. C. Pedestrian
Control Hearjng
Is Set Dec. 29
Two Proposals for
Regulation Drawn
By Commissioners
BACKGROUND—
Efforts to obtain strict pedes
trian control regulations in the
District recently led the Com
missioners to determine to call
special public hearing to deter
mine public sentiment on the
Question. Although present traf
fic law provides power for
the Commissioners to regulate
pedestrians. Distriot has failed to
promulgate jay-walking rules,
largely because of the conten
tion by some that rules would
be unenforceable without large
increase in police force.
By JOHN H. CASSADY, Jr.
The Commissioners today drew up
two proposals for pedestrian control
regulation for the District for con
sideration by the public and set De
cember 29 as the date for a special
public hearing on the suggested
adoption of pedestrian control here.
After a conference with Traffic
Director William A. Van Duzer. his
assistant, M. O. Eldridge, and Cor
poration Counsel Elwood H. Seal,
Commissioner Melvin C. Hazen an
nounced that, for purposes of dis
i cussion at the hearing, the follow
ing two proposals will be offered:
1. Regulation of pedestrians cross
ing in the middle of the block.
2. Regulation of pedestrians cross
i ing at intersections, whether or not
the intersection is controlled by
traffic lights or officers.
To Draw Up Regulation*.
Mr. Eldridge and Assistant Cor
poration Counsel E. W. Thomas
i then were assigned the task of draw
ing up the proposed regulations for
formal presentation at the hearing.
This was to be done this afternoon.
The Commissioners will send
copies of the proposals to civic and
j business organizations of Washing
ton, inviting them to study the pro
posals and to send representatives
to the public hearing.
The hearing will be held in the
board room of the District Building
at 10 a.m.
The Commissioners emphasized
that they were not approving any
Proposed regulations for pedestrian
control at this time, but were mere
i ly presenting two ideas for the pub
lic to consider before and during the
hearing.
Amplify Present Law.
It was explained that the two pro
posed regulations are amplifications
of existing law, which now provide
for pedestrian regulation. In theii
final form, the proposed pedestrian
I control regulations will describe the
duties of pedestrians at intersections
and in the middle of the block. The
Commissioners explained further
that, if adopted, the regulations
, would have the effect of making it
unlawful for a person to cross in the
middle of a block or at an inter
section against a traffic light or
against the signal of a traffic officer.
Mr. Van Duzer gave the Commis
sioners a lengthy report on methods
used bv other large cities in con*
i trolling jay-walking. He also furnish
ed information on the pedestrian
fatality record in the District, point
ing out that 55.5 per cent of the
accidents involving pedestrians in
. the past three years have occurred
in the middle of the block.
Charts Are Presented.
He presented charts showing
analyses of 207 pedestrian fatalities
which occurred between January 1,
1936. and October 31, 1938. and a
map showing locations of pedestrian
1 fatalities in various parts of the city
and indicating where pedestrians
were crossing the streets. Another
chart showed a digest of replies to
i questionnaires on pedestrian regula
■ tion by 56 cities having a population
of more than 100.000.
I He said 16 or these cities had no
' pedestrian regulations, while in 18
others pedestrians are required to
obey the signals of the traffic officer.
In 29 of the 56 cities pedestrians
must obey traffic signals and in 10
cities pedestrians are required to
! cross at intersections where ad
jacent intersections are signaled.
; Nine cities have regulations requir
| ing persons on foot to cross only
; at crosswalks. In five cities pedes
trians must cross only at crosswalks
in the business district and in one
j city pedestrians must cross at
marked crosswalks on “through'’
streets only.
Referring to the proposed control
of pedestrians crossing in the mid
dle of the block. Commissioner
Hazen said:
“This practice of crossing be
tween intersections seems to be the
real problem in accidents involving
pedestrians in Washington. The
statistics show that more than half
of the pedestrian accidents ocur
in the middle of the block.”
States’ Laws Cited.
Mr. Van Duzer reported that the
laws of 10 States contained no
provision concerning the rights and
duties of the pedestrian on high
ways, leaving him subject only to
his common law obligation to exer
cise due care. These States are
Florida. Iowa, Kansas. Kentucky,
Michigan, Mississippi, Missouri, Ne
vada. Oklahoma and Wyoming.
In the majority of States, how
ever, some laws concerning pedes
trians are found, he pointed out.
In 29 States, the pedestrian is re
quired by statute to obey traffic
control signals at intersections. In
27 States a pedestrian crossing at a
marked or unmarked cross-walk at
intersections where such signals are
not in operation has the right of way
over vehicles.
Where traffic control signals are
in operation at adjacent intersec
tions, it is unlawful for pedestrians
in 22 States to cross the roadway
between intersections.
In 31 States, the pedestrian may
cross the road at any place where
such signals are not in operation
at adjacent Intersections, but must
yield the rigM of way to all vehicles.