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Weather Forecast Cloudy and warmer tonight; rain to morrow afternoon or night; lowest to night about 44 degrees. Temperatures today—Highest, 55, at 2 p.m.; low est. 37, at 4 a m. Pull report on Page A-2. Closing New York Markets, Page 16. First in WashingtoQr—, First in the news coverage that builds public confidence—First in circulation and advertising that reflect public confidence. (IP) Mean* Associated Press. 87th YEAR, No, 34,580. w.Tmn^on, pat c._WASHINGTON, D. C., TUESDAY, JANUARY 3, 1939—THIRTY*EIGHT PAGES. ** THREE CENTS. 'Unjustifiable W. P. A. Politics' Charged in Sheppard Report; Congress Opens, Facing Fights .V ___...... .... Senate Committee Urges Remedial Legislation BACKGROUND— Election campaigns of 1938 pre cipitated barrage of charges that W. P. A. funds and influence was being used to support New Deal favorites. Although vested with jurisdiction only over senatorial contests. Senate Campaign Com mittee has made intensive in vestigation of whole question of relief and politics and releases comprehensive report and recom mendations today. By G. GOULD LINCOLN. A flat charge that ‘‘unjustifiable political activity" occurred in con nection with the work of the W. P. A. is made in a voluminous report of the Senate Campaign Expendi tures Committee, submitted to the Senate today by Chairman Morris Sheppard. • By implication the report reflects seriously upon the administration of the relief organization by Harry L. Hopkins, until recently W. P. A. head and now Secretary of Com merce. No personal attack is made, however, on Mr. Hopkins. The committee report sharply contradicts reports made by Mr. Hopkins in which the administrator minimized the use of W. P. A. for political purposes, particularly in Kentucky during the, primary cam paign of Senator Alben B. Barkley, Democratic leader of the Senate, for renomination against Gov. ‘‘Happy” Chandler. No suggestion is contained, how ever, that Senator Barkley, or any of the other Senators elected in No vember, be denied seats in the Senate. Sees Funds Diverted. In its recommendations, the com mittee said: "The committee believes that funds appropriated by the Congress Tor the relief of those in need and ; distress have been in many in stances diverted from these high purposes to political ends. "The committee condemns this conduct and recommends to the Senate that legislation be prepared to make impossible, so far as legis lation can do so. further offenses of this character." The committee report, dealing as rt does with the relief agency of the , Federal Government which has ex- | pended billions of dollars, may have far-reaching effect on the commit- ' tees of Congress which are to con sider new appropriations for the W. P. A., for which the President may recommend as much as $875, 000.000 to carry on for the remainder of the present fiscal year. Also the report will be scanned by members of the Senate before they act upon the nomination of j Mr. Hopkins to be Secretary of Commerce. , All Concur in Report. The report is concurred in by all. five members of the Special Cam- ' paign Expenditures Committee — Senator Sheppard of Texas, chair man; Senators Harrison of Missis- : sippi, Walsh of Massachusetts, O'Mahoney of Wyoming. Democrats, and Senator White of Maine. Re publican. The committee makes 1G recom mendations which it deems neces sary and advisable to correct ex isting conditions and to strengthen the present Corrupt Practices Act. Among the recommendations for ! legislation by the committee are i the following: 1. To prohibit contributions for political purposes by any person w’ho is the beneficiary of Federal relief funds or who is engaged in the ad ministration of relief laws. 2. To prohibit any person engaged in administration of Federal relief laws from using his official authority (Continued on Page A-8. Column lj _.__ Socialist Leader Faces Berlin Treason Court B> thc.Assoclated Press. BERLIN. Jan. 3.—Ernst Niekisch. old-time Socialist and anti-Nazi propagandist, was arraigned for trial today with two other persons before Berlin's dread “Volksgericht shof’ (People's Court) which deals with cases of high treason or at tempted treason. Details of charges against the three, the reasons for their trial at this time and their recent anteced ents were hidden in the usual secrecy which surrounds the court's proceedings. The court was conducted behind closed doors and officials declined to give any information. A terse press release said Niekisch was concerned with setting up Soviet councils in Munich’s troublous post war days of 1918-19, when Kurt Eisner, chief of thfe independent Socialist party, deposed the last Ba varian King, Ludwig III, and erected a Bavarian “free state." Eisner was shot February 21, 1919 by Count Arco-Valley. Adolf Hit- i ler's subsequent attempt to seize power proved premature in 1923. Niekisch was born May 23. 1889, at Trebnitz, Silesia. Besides pub lishing the revolutionary periodical Widerstand in 1926, he was at one time chief editor of Volksstaat, a I Socialist party organ of Dresden. Bulletin As he was leaving an apartment house this afternoon at 1114 F street NJE., Charles D. Sager, jr., 3826 Cathedral avenue N.W., was ( robbed at the point of a gun of i $800 in rent receipts by a 35-year- I old white man he repotted to police. The thief made his escape J down an alley. i V Bankhead Re-elected Speaker; New Members Sworn In Roosevelt to Deliver Message Tomorrow At Meeting of Both Houses (Text of Speaker Bankhead's Radio Forum address on Page B-8.J The Seventy-sixth Congress, the first to come into office after New Deal defeats at the polls, convened at noon today. Grave problems of national de fense and the improvement of relief I administration and farm manage ment and labor relations are due to come before the legislators for consideration. The prospects for se rious tests of New Deal strength are in the immediate offing. While the Democrats retain heavy majorities in both Senate and House, Republican gains have kindled new spirit in the minority party. Alli ance of the G. O. P. with anti-New Deal Democrats threatens to disrupt1 the administration’s efforts to hold the New Deal line. Vice President Garner in the Sen ate and the clerk of the House in the House rapped the respective houses to order and the formal busi ness of organization was under way. Within • a few minutes. Speaker Bankhead was overwhelmingly re elected over the Republican nomi nee. Representative Martin of Mas sachusetts, ■ who automatically be came the minority leader oif the House. The organization of the House was completed with the swearing in first of the Speaker and then of all members, and the election of other House officers— all Democrats. In the Senate, one-third of its membership took the oath of office, those Senators who had been elected in November. The Senate being a continuing body and there being no (See CONGRESS. Page A-3.) i Ruling Gives Stales Broad Power to Bar Liquor Sales Supreme Court Sustains Laws Governing Imports By the Associated Press. The Supreme Court gave broad power today to States to prevent the sale of intoxicating liquor. It sustained Michigan and Mis : souri statutes barring the importa ; tion of alcoholic beverages from other States which enact discrimi natory. legislation Justice Brandeis, who delivered the decisions, said "the substantive 1 power of the State to prevent the sale of intoxicating liquor is un doubted.' No dissent was announced. The case was one of many pend- , ing before the court. They included 'a challenge by 14 private power , companies of the constitutionality I of the Tennessee Valley Authority power program, on which a decision ' had been looked for today. I. C. C. Order Sustained. The court sustained an Interstate : Commerce Commission order which 1 prohibited seven railroads from fur nishing commercial warehousing I space to interstate shippers in the j port of New York district at less thin cost. The railroads had told the high tribunal that the I. C. C. order would "have a most vital and revo lutionary effect upon all railroads throughout the United States in j connection with their right to make j leases for reasonable market rentals.” Bid for Trade Claimed. Justice Reed delivered the opinion that affirmed a decision by a three judge Federal Court in Southern New York sustaining the order. No dissent was announced. The I. C. C. contended the rail roads furnished the warehousing space at below cost “in order to in duce the movement of traffic over their respective lines.” The loss, it sai^. was recouped from transpor tation revenues. This practice, the order said, dis criminated against other shippers who were "charged the full tariff rates undiminished by below-cost warehousing.” Car Ferry Is Overdue In Michigan Blizzard By the Associated Press. ST. IGNACE. Mich., Jan. 3.—The railroad car ferry Chief Wawatam was 6 hours overdue from Macki naw City today on its 7-mile trip across the blizzard-swept Straits of Mackinac, separating Michigan's two peninsulas. The crossing nor mally requires 52 minutes. Marine officials expressed belief the ice-crushing Wawatam, with her crew of 40. probably could ride out the storm unless high wind should drive her aground. They said the Wawatam may have found shelter in the lee of Round or Mackinac Islands. She carried no wireless The driving snow reduced visi bility on the straits at times to 100 yards. A northbound Michigan Central passenger train was waiting at Mac kinaw- for the Wawatam to ferry it across the straits. A State ferry chartered to carry automobiles across the straits was stormbound at Mackinaw City. Balmy Weather Due To Continue Here Continuation of balmy weather which came to Washington with the new- year w-as forecast today by the Weather Bureau—for the next 36 hours at least. Yesterday s average temperature was 16 degrees above normal, with a high of 62 reported at 12:30 p.m. The mercury dropped to 37 at 4 a.m. today and then began a steady climb. A low of 44 degrees is ex pected tonight. Intermittent light rains are ex pected to follow cloudy and slightly warmer weather tonight and to morrow-. 1 Elliot) Asks Tightened Law on Accounting; Claims Irregularities 1,212-Page Report Hits Farm Credit Agency and National Guard Submitting what probably is his ' final report as head of the General j Accounting Office. Acting Controller General Flliott today told Congress that the lack of strict accounting practices in the Government "is fundamentally unsound"; repeated his declaration of a year ago that i millions of dollars are handled 1 without an adequate check and • urged again that the law’ be tight ened to require accountability by all offices to the controller general “under such regulations as he may prescribe." Reports have been current for several days that a controller gen eral is to be named. The name of Senator Brown. Democrat, of New Hampshire, has been prominently mentioned. The report, a 1.212-page affair of ledger size, dealt exhaustively with Government activities involving use of appropriated funds, and was high lighted by charges that officials of the Department of Commerce and their friends had used a de- I partment motor vessel for joy-rid- ! ing and that there had been pur- I chasing irregularities in the Farm ; Credit Administration that “ap- : peared to constitute a criminal of- j fense” and are under inquiry by the Justice Department. Charges also were made of Na tional Guard irregularities in both Maryland and Virginia, improper disbursements of Federal funds of S23.700.44 in the former organiza tion already having been disclosed by a check it was said is still in progress. Accounting practices in the Dis trict government came in for criti cism. Largest Rrport. The report was the largest ever gotten out by the General Account ing Office, being of such size that it was not printed because of the cost. So far as was possible, a balance sheet of every agency was presented as of June 30, last. In this connection, the acting con troller general said that the Recon struction Finance Corp. had refused access to its books on the ground that its act provides the directors ‘shall determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid.” The report added that it was not believed Congress intended to pre clude an audit by the General Ac counting Office. Mr. Elliott also recalled briefly that the Tennessee Valley Authority also had challenged the right of the General Accounting Office to go into its affairs. He told Congress that many i (See G. A. O. REPORT, Page A-5.) | Dies Report Hits Perkins' 'Laxity' In Deportations Department Is Blamed For Large Part of Subversive Activity BACKGROUND— House last spring authorized inquiry by special committee into subversive activities. After open ing day of hearing about Nazis, committee spent virtually entire time on Communist probe, hear ing considerable testimony re flecting on Nero Deal officials and friends. Finally, President > Roosevelt publicly criticized in vestigation. By tl.i Associated Press. j The Dies Committee today placed i responsibility on the Labor Depart I ment for “a large part" of subver j sive espionage, activities and propa | ganda in the United States. Reporting to the House on its 5 • month inquiry into un-American ! activities, the committee accused the department of failure to enforce the deportation laws. “The laxity with which the De partment of Labor deals with alien I agitators would be unbelievable if j w'e did not have before us the most I convincing proof," the voluminous ! report said. “Due to limited time and funds, we were unable to go into this ques tion as fully as it deserves, but from the facts which we did obtain, we are convinced that a large part of the espionage and un-American activities and propaganda carried on in this country can be directly traced to the failure of the Labor Department to enforce the deporta tion laws of the land.” All Sign Report. The committee was composed of ! Representative Dies, Democrat, of Texas, chairman, and Representa tives Mosier. Democrat, of Ohio, Dempsey. Democrat, of New Mexico, Healey. Democrat, of Massachusetts, Thomas, Republican, of New Jersey and Mason, Republican, of Illinois, All of them signed the report. The committee expressed a be lief that the National Labor Rela tions Board should be subjected to a thorough investigation to deter mine to what extent board members and employes "approve the Com munist views’ expressed by David J. Saposs. N. L. R. B. economist. In connection with the so-called Lansing, Mich., "holiday.’ when a throng assembled at the State capitol, closed stores and marched on the State College, the report criticized "all public officials in volved" for lack of courage in handling the situation. Attorney General Frank Murphy then was Governor of Michigan. During its open hearings the com mittee received testimony that Mr. Murphy blocked enforcement of a court order directing the evacuation of sit-down strikers. Calling the Lansing occurrences "disgraceful,” the committee said j "a courageous stand" would have j "avoided the loss of millions of dol lars to both labor and capital." Bristle With Condemnation. The report, bristling with con demnation of Communism. Nazi-ism | and Fascism, recommended that the House continue the investiga tion for two years with an appro priation of at least $150,000. The investigation should not be con tinued. it said, unless it has ade quate funds. The committee, which expires today, had $25,000 originally. "The Congress should also require the appropriate departments to co operate with the committee.” the report said, declaring the Justice and Labor Departments had failed to do so. The seven-man group, which at tracted wide attention as well as criticism from President Roosevelt, Secretary of Interior Ickes and Sec retary of Labor Perkins, summarized testimony received at hearings in Washington. Detroit and New York. It did not make specific legislative proposals to curb un-American ac tivities, but indirectly referred to the necessity for registration of alien i See UN-AMERICAN, Page A-#7) Storms Beach 13 Ships ISTANBUL, * Jan. 3 (A5).—Storms sweeping over the Black Sea drove 13 large cargo ships ashore today and smashed hundreds of smaller craft. Many seamen were missing in addition to 22 drowned yester day. Summary of Today's Star Amusemts. B-18 Obituary _.a-12 Comics . B-16-17 Radio _A-15 Editorials . A-10 Sports ..A-13-15 Financial ~A-16 Society_B-3 Lost and Woman's Found ... B-14 Page_B-10 Foreign. Cabinet shakeup in Japanese dis pute seen possible. Page A-l Daladier says France will fight for Tunis. Page A-l China executes many after Wang’s peace move. Page A-4 National. Seventy-sixth Congress convenes; new members sworn in. Page A-l Dies Committee report blames Labor Department. Page A-l Quakers report Nazi approval of emigration program. Page A-2 Legislatures will convene in 33 States. Page A-2 160 U S. battleships moving to war maneuvers. Page A-5 Martin chosen House minority lead er by Acclamation. Page A-9 Doctors plan conference to arrange defense plans. Page A-9 Washington and Vicinity. Randolph introduces bill to give D. C. residents vote. Page A-l Maryland instructor found dead in his garage. Page A-l Seek cause of death of Labor De partnwnt attornav. Page A-12 Ratio on D. C.-U. S. fiscal relations urged by Overton. Page B-l Maryland legislators to pick officers at caucus tonight. Page B-l Editorial and Comment This and That. Page A-10 Answers to Questions. Page A-10 Letters to The Star. Page A-10 David Lawrence. PageA-11 Alsop and Kintner. Page A-ll G.'Gould Lincoln. PageA-11 Jay Franklin. Page A-ll Delia Pynchon. PageA-11 Sports. Tennessee, T. C. U, share grid throne due to bowl wins. Page A-13 Duke's fame tarnished as Trojans enter hall of fame. Page A-13 O'Brien now hailed as one of game's greatest passers. Page A-13 Half dozen elevens nominated for greatness next fall. PageA-14 Don Lash wins Sullivan Memorial Sportsmanship award. Page A-14 Vines high hurdle for Budge in pro 1 tennis debut. PageA-15 Miscellany Winning Contract. Page B-6 The Holy Terror. Page B-S Bedtime Story. Page B-16 Cross-Word Puzzle. Page B-16 Letter-Out. Page B-16 Uncle Ray’s Comer. Page B-17 Nature’s Children. Page B-5 / Remember, Frank,you told \ Me if they Sat down ON ME You WOULD KNOW HOW To HANDLE 'EM. J V X / 160 U. S. Battleships Moving Out for War Maneuvers Vessels Will Converge On 3,000-Mile Front To Defend Canal By tht Associated Press. NEW YORK. Jan. 3-Uncle Sam s naval might, numbering 160 ships, began leaving various bases Carib bean-bound today for war man euvers. Starting the parade from New York, the new 1.850-ton destroyer Warrington weighed anchor at Brooklyn Navy Yard and headed' southward. Before the week is ended all 160 ships of the fleet in cluding dreadnaughts, destroyers, cruisers and auxiliaries, will be con verging on a front covering more than 3.000 miles with defense of the Panama Canal the objective. The war maneuvers will last 10 weeks and 60,000 enlisted men and 4,000 officers will participate. New types of naval craft, launched during the past year, will be put to rigid tests under simulated war con ditions Speed, mobility and vul nerability of the new vessels in at tack and on the defensive will be studied by naval engineers and battle commanders. Thoughts on New Ships. These strategists will have their thoughts focused on some 70 new ships already under construction and several hundred more planned under the administration's re-arma ment program. The war games will cover a front from Norfolk. Va.. to the Equator and will reach from the Canal 10 a line approximately 1,000 miles east j of the Atlantic coastline and prob ably as far as the Azores. The tactical problem is known as ! “XX” or “20”—the defense of the ! Canal. Also leaving the navy yard here | foday and tomorrow will be the new I destroyer Somers and five cruisers, j The old type 7.050-ton light cruiser I Cincinnati weighs anchor shortly after noon with her sister ship. Te Concord, nosing out into the lowter channel 15 minutes later. Rear Admiral Harold R. Stark will be in command of the cruiser division in the maneuvers, hoisting his flag on the Honolulu. This convoy will make for Hampton Roads. Va., to join other vessels in the Atlantic squadron, which will leave en masse Friday under com mand of Rear Admiral A. W. John son. Target practice and tactical ma neuvers in Cuba's Guantanamo area will be held before this division joins the Pacific fleet at Colon the last w’eek in January. When the maneuvers are ended, about April 15,118 of the naval craft will steam to New York to greet the opening of the New York Worlds Fair. The fleet will disband about May 22 when the Pacific Squadron steams back through the Panama Canal to reach San Francisco in time to salute its exposition. The maneuvers will be under com mand of Admiral Claude C. Bloch, commander in chief of the combined fleet. --•-— Judge Harris Denies» Gov. Stark's Charge By the Associated Press. KANSAS CITY. Jan. 3.—A flat denial of Gov. Lloyd C. Stark’s charges that law enforcement con ditions in Kansas City ‘‘smell to the high heavens” and merit inves tigation by the State attorney gen eral was made today by Circuit Judge Brown Harris. Judge Harris did not mention the Governor’s name during his instruc tion of a new Jackson County (Kansas City) grand jury. Gov. Stark, in ordering the attor ney general to “clean up” the city and even oust recalcitrant officials if need be, said gambling, prostitu tion and gangster activities were ex tensive here. "I have yet in my 12 years of service to have one individual come to me and complain that any prose cuting attorney we have had has refused to act upon complaint,” Judge Harris said. He said he called the grand jury merely to conform with legal re quirements. Nations Fail To Greet Hitler On New Year By the Associated Press. BERLIN, Jan. 3 —Only two coun tries in the Western Hemisphere— | Mexico and Guatamala—were in | eluded in the German chancellery's ! published list of nations whose chief ! executives exchanged telegraphic j New Year felicitations with Chan | cellor Hitler. Somewhat surprising is the ab sence of a message from the Em peror of Japan. Moreover, Presi dent Lebrun of France, despite the lecent French-German accord, ap pears not to have exchanged mes sages with Hitler, while King George VI of Great Britain did. President Hacha sent the greet ings of the Czecho-Slovak people. Italians in Tunis i Demand Larger Share in Rule Notice Timed to Coincide With Triumphal Entry of Daladier By the Associated Press. TUNIS. Tunisia. Jan. 3.—Revived Italian demands for larger share in the rule of Tunis coincided today with French Premier Daladier's triumphal entry into this city and his warning that France was ready to fight if necessary to keep the , tricolor flying over her Tunisian 1 protectorate. At the moment Premier Daladier was being welcomed to Tunis with martial pomp, local Italian Fascist leaders circulated a notice demand ing equal rights for Italian nationals under Tunis rule. The notice came shortly after Premier Daladier told Bey Sidi Ahmed, Tunisia's ruler, that all the French empire's military might would be used to maintain the present status of the country. Gives Two Solutions. The Fascist notice declared one of two solutions was possible for Italian claims in Tunisia now that Mussolini's government has de nounced the 1935 Franco-Italian accord. Either the 1896 convention giving Italians equal rights in Tunisia with an opportunity to share in the gov ernment must be maintained, the notice said, "without preceding vio lation by France.” or if the two na tions fail to reach an understanding (See DALADIER. Page A-4.) Measure Reintroduced For District Vole And 'Home Rule' Randolph Assures Full Co-operation In Local Affairs Representative Jennings Randolph. Democrat, of West Virginia, who this week will take over the helm of the District Committee, today reintroduced a resolution he spon- j sored in the last Congress to give the disfranchised residents of the District both "home rule" and na- i tional representation. At the same time, he isued a prepared statement announcing his j j intention as chairman of the com- j mittee to co-operate at all times t with the people of Washington in j seeking enactment of legislation ! beneficial to them. The text of the new resolution is j identical with the one which died i in the last Congress. It proposes an amendment to the Constitution “to provide for a republican form of government and representation in Congress for the District of Colum bia." Te’xt of Resolution. Section 1 of the resolution reads: The Congress shall have power to establish a republican form of government for the District consti tuting the seat of government of the United States. The government so established shall have such leg islative. executive and judicial of ficers to be selected in such manner as the Congress shall by law pro vide. and such government shall exercise such legislative, executive and judicial powers over the said District as Congress shall by law' provide." The second section reads: "The residents of the said Dis trict shall be entitled to elect Repre sentatives in the House of Repre sentatives of the United States, the j (See D. C. VOTE. Page A-9.) — - — ■■ • Nazi Couple Beheaded For Murders in 1932 E> the Associated Press. COLOGNE. Jan. 3 —Otto Schoene- j wald, 31, and his 28-year-old wife Gerda were beheaded today for two murders committed at Cologne in 1932. Schoenewald was convicted of kill ing a postman and stealing his mopey pouch a few minutes after he had killed the landlady of the house where he had taken lodgings to commit the other crime. Schoenewald s wife was accused of helping him plan both killings. A Cologne court sentenced them both to death last June 24. _ Maryland U. Instructor Found Dead in Garage Body Found Slumped . Against Door, Motor Of Car Running Robert B. Criswell, 48, instructor in fire service extension of the Uni versity of Maryland, was found dead at 7 a m today fn the garage of his home, at 16 Grove street, Hyattsville, Md. Police said the motor of his car was still running. Justice of the Peace Fred C. Lutz of Riverdale issued a certificate of death from a heart attack, “pos sibly superinduced by monoxide gas fumes,” after an examination by Dif. W. E. Malin of Riverdale. Dr. Malin and Judge Lutz ex pressed the belief that Mr. Criswell had been overcome by a heart at tack as he alighted from his car and fell against a basement door, striking his head. The body was discovered by the professor s wife, Mrs. Elizabeth Ann Criswell, who went to the garage when she heard the motor running. She found her husband slumped against the door. She called the county police and Officer Richard A. Pearson responded. Police said Mr. Criswell had at tended a firemen’s banquet at Fred erick last night in company with Irving W. Johnson of Takoma Park, chairman of publicity of the Mary land State Firemen’s Association, and Karl Young, president of the Mount Rainier Fire Department. According to the two men, Mr. Cris well complained of feeling badly before they left Frederick. Mr. Young told Officer Pearson ROBERT B. CRISWELL. that Mr. Criswell had arranged to start a class in fire prevention at the Mount Rainier High School tonight. Besides his widow, Mr. Criswell is survived by a son, Robert B. Cris well, jr„ and two daughters, Ann Elizabeth and Jean. Mr. Criswell had been at the Uni versity ol Maryland for more than a year, coming to that institution from West Virginia where he was engaged in Are extension work, according to university officials. His work con sisted largely of organizing and teaching classes in Are prevention throughout the State. / Officials Study Prosecution of Relief Frauds List of 100 Cases Is Reportedly Made By Burdette Lewis BACKGROUND— Belief of members of Congress that District public relief “load” was too heavy resulted in appro priation of $20,000 \u/ last Con gress to investigate*entire relief setup. First two sections of re port on survey, submitted to Con gress yesterday and Sunday by Burdette G. Lewis, the investi gator. charged fraud and "chisel ing" in District relief. District officials, relief investiga tors and members of the United States District Attorney's office to day considered “possibilities” of prosecution of relief clients who al legedly have obtained assistance funds through misrepresentation, but uncertainty prevailed as to what would be done. There were reports that Burdette G. Lewis had given a list of 100 or more cases showing evidence of fraud in a section of his report which is to be released later in the week. The relief investigator said today there were more than 100 cases but that this list were not all “fraud” cases, but involved other forms of irregularities. United States Attorney David A. Pine announced that a number of j cases had been filed with his office ! during the last year by District agents, but to his recollection none | of them was found of a character to warrant prosecution. Welfare Di rector Elwood V. Street estimated the number of cases presented to Mr, Pine totaled between 40 and 50. Commissioners Melvin C. Hazen and David McCoach, jr„ consulted today with Corporation Counsel El wood H. Seal and Auditor Daniel J. Donovan and decided to withhold final action on any phase of the in vestigation report until careful study could be given to its details. Adopt Seal's Opinion. However, the Commissioners today adopted an opinion by Mr. Seal, which had been requested by Mr. Street, which would leave to the District attorney's office decision as to who should sign informations in any cases that might be found to merit prosecution This decision ends an uncertainty, so far as it applies to the judgment of the municipal government, as to who wps responsible for starting prosecution—a difficulty under which the welfare and relief offi cials have labored for some weeks. Former Commissioner George E. Allen, who as head of the District W. P. A. and its predecessor, the Civil Works Administration of the District, and as the Commissioner in charge of “welfare and relief, took cognizance of the Lewis investiga tion report today to state: “In the hysteria of accusation, if indeed there be 5 per cent of bad relief cases, let's not forget the other 95 per cent.” Will Prepare Summary. Mr. Pine, after reading accounts of the allegedly fraudulent relief cases, directed two of his assistants who have been handling such cases for him to prepare a summary of any cases they might have on file. The assistants are Harry L. Under wood and Karl Kindleberger. The District attorney said his recollection was that one of the cases in which there was found to be an apparent misrepresentation or fraud concerned an elderly man who had concealed from the relief case worker the fact that he had laid away a sum of about $100 so 'as to assure a decent burial” when he died Mr Pine said he recalled another case in which a widow with eight children was accused of having concealed from the case worker the fact that she had a small group in surance policy payment which her husband had provided for the fam ilv. "There may be other cases of mis representation or fraud, such as these." said Mr. Pine, "but we sim plv cannot prosecute in such in stances. I do not believe that prose cution would be justified, and I think I know what the jury and the judge would do in such cases. “It is my opinion that such mis representation should be stopped at its inception, rather than to attempt prosecutions after they have been brought to light. Of course, when ever a bad case is presented to my office there is no doubt as to what action we would take. We will prosecute.” Welfare Director Street promised that if and when his department is given specific charges in specific cases they would be promptly in vestigated. He said he and the wel fare board has yet received no offi cial information on any point on the investigation report of Mr. Lewis and his staff. Says Record Is Good. Commenting on newspaper reports that Mr. Lewis' report would contain a list of 100 or more cases, the wel fare director said that since there were slightly less than 6,000 relief cases of all kinds that the percentage of "fraud” would amount to 1.6 if there were but about 100 “fraud” cases listed. “I would think this is a pretty good record," he said, “if this is all of the fraud that has been found, in view of the facts that Government relief was developed at extraordi narily fast pace to meet human (See RELIEF, Pa|^A~9~j -• Two Sought in $720 Holdup in Rosslyn •Arlington County (Va.l police to day were looking for two colored men who Sunday morning held up and robbed M. W. Berry, cashier of the Independent Oil Co. in Rosslyn, Va.. of $720. Mr. Berry told police he was at his desk in the company offices when the two men, one of them armed with a pistol, forced him to turn over the money. * / 4 ■