Weather Forecast First in Washington—
Rain this afternoon and tonight; lowest First in the news coverage that
temperature about 34 tonight; tomor
row fair and colder. Temperatures builds public confidence-—First in
^ay“Highest> 421 at 2 P-m’: lowest> circulation and advertising that
37, fix o a.m. |
Full report on page A-2. reflect public confidence.
Closing New York Markets, Page 14. t&) Mean* Aaaociated Preaa.
87th YEAR. No. 34,607. ZTlm" SLffoS TV. WASHINGTON, D. C., MONDAY, .JANUARY 30, 1939—THIRTY-FOUR PAGES. *** THREE CENTS.
Manton, Accused,
Quits U. S. Bench,
Sumners Is Advised
House Judiciary Head
Talks With Murphy
* Before Announcement
BULLETIN.
Attorney General Frank
Murphy announced today he hadf
been “assured" of the resignation
of Judge Martin T. Manton,
senior judge of the Second
United States Circuit Court.
By the Associated Press.
Representative Sumners, Demo
rrat, of Texas said today he had
been advised officially that Judge
Martin T. Manton of the Federal
Circuit Court of Appeals had re
signed.
Mr. Sumners said he had received
the word of Judge Manton's move
from “plenty of places," but he
declined to say publicly what they
were.
A lew minutes belore talking witn
reporters, Mr. Sumners had con
ferred with Attorney General Mur
,phy and Solicitor General Jackson
in the Supreme Court chamber.
Mr. Murphy declined immediate
comment.
District Attorney Thomas E.
Dewey of New York has charged
Judge Manton had accepted more
than $400,000 from litigants.
Might Forestall Inquiry.
Mr. Sumners said that Judge
Manton's resignation would relieve
the House Judiciary Committee, of
.which he is chairman, of the re
sponsibility of investigating charges
against Judge Manton filed with the
committee by Mr. Dewey.
Mr. Sumners said that “on thin
theory" the committee could proceed
with an investigation, but he added
that there would be no reason for
such an inquiry. In similar cases.
Mr. Sumners said he had always
been against an investigation after
a* man had resigned.
In New York Judge Manton re
mained secluded in his chambers at
■ the Federal Building and declined
to see newspaper reporters.
He sent out word through an aide
that he would hold a press con
ference later in the day. There was
no confirmation of the statement of
Representative Sumners that he had
heard that Judge Manton had re
signed.
Dewey Charges Loans
Totaled $439,481
NEW YORK, Jan. 30 UP).—A
double-barreled investigation was
under way today into the record of
Judge Martin T. Manton of the
United States Circuit Court of Ap
peals in the wake of charges by Dis
trict Attorney Thomas E. Dewey
that the high-ranking jurist had ac
cepted more than $400,000 from liti
gants.
In a letter to Representative Hat
ton W. Sumners, chairman of the
House Judiciary Committee. Mr
Dewey listed six loans totaling $439.
481, which he said had been paid
since 1932 to Judge Manton or cor
porations owned and controlled by
him.
The money—most of it never re
paid—was advanced by individuals
or concerns acting for parties in
terested in matters handled by the
Appeals Court, Mr. Dewey said.
Four Won Cases.
Four of the six transactions, he
added, involved litigants whose'
cases before the court later were
Won.
"If. upon the foregoing facts, the
House of Representatives should
assume jurisdiction of this matter,”
the district attorney wrote, "I am
prepared to present evidence be
fore your committee in support
thereof.”
The Judicial Committee normally
Initiates impeachment proceedings
against Federal judges. If the
House adopts its recommendation
for an impeachment action, formal
charges are sent to the Senate,
which tries the case. A two-thirds
vote of the Senate is required to
remove from office.
An investigation by the Depart
ment of Justice into the affairs of
Judge Manton was announced in
Washington Saturday by Attorney
General Frank Murphy.
Appointed by Wilson. *
The 58-year-old jurist, appointed
to his present post in 1918 by Presi
dent Wilson, as senior member of
the Appeals Court is outranked in
the Nation's judicial hierarchy only
by the nine members of the Supreme
Court.
miormed of Mr. Dewey's accusa
tions, Judge Manton said he had
known for some time that the dis
trict attorney's office was looking
into his affairs and added:
"I will make no comment now. I
will wait until I have read the full
text of Mr. Dewey's letter to the
House Committee.”
In his letter to Representative
Sumners, a Texas Democrat, Mr.
Dewey said he had been investigat
ing Judge Manton for a year “with
a view to possible criminal prose
cution under the income-tax laws
of the State of New York • *
After listing the cases, he indi
(See JUDGE. Page A-3.)
March of Dimes Fund
Totals $64,942.33,
White House Says
The White House announced
today that up to last night
$64,942.33 had been received for
the infantile paralysis fund.
Coins have been pouring into
the White House from people
all over the United States for
several weeks and it is expected
that before the "March of
Dimes" has been completed the
total will be greater than the
$90,000 received last year. To
day's contributions, which filled
34 sacks of mail, have not been
counted. According to past ex
perience the coins will be rolling
for yet another week or more.
:_JUDGE MANTOJV._
Capital Dons Finery
For Seven Birthday
Balls Tonight
Record Number of
Celebrities on Hand
For Celebration
Washington glittered with movie
" stars today as the city prepared to
don its best finery for the seven
Birthday Balls tonight, climax of
the two-week campaign to fight In
fantile paralysis.
The Nation-wide celebration of the
President's 57th birthday will in
clude 12,000 Birthday Balls, which
are expected to net more than the
$1,010,000 raised last year.
Work was virtually halted at the
District Building today when the
Hollywood stars in a broadcast from
Commissioner Hazen's office, ex*
pressed the hope they would see all
their radio listeners at the birthday
balls tonight.
Eleanor Powell to Perform.
Eleanor Powell, who wore a mink
coat with a turban topped with red
velvet, promised to perform at the
balls. She said she had brought j
with her her black tap shoes so that :
she could perform for the cele
brants.
When Miss Powell posed for pho
tographers at Commissioner Hazen's
deck, the Commissioner said laugh
ingly, "I’ve been trying to get a
woman Commissioner around here
for a long time."
Andrea Leeds, who also wore a
mink jacket, laughingly denied she
would marry Edgar Bergen the end
of the year as Walter Winchell pre- ■
dieted last night.
“Walter usually tells the truth,” j
she said. “But this time he got the |
names mixed. If there's any chance j
of my getting married this year, it |
will be to Charlie McCarthy. ’
Annabella, the little French star,:
attended the reception, but refused
to appear before the microphone.
She was dressed for the White j
House luncheon in a silver fox wrap,
white hat and white gloves.
Hersholt Introduced.
Jean Hersholt, pipe in hand, ]
blushed when he was introduced as
one of the greatest character actors
in the country. He told Art Brown,
who interviewed him for the broad
cast, that “The Country Doctor”
was his favorite role.
Other celebrities who spoke briefly
at the reception were Frank Fay,
Eddie Le Baron, Paul Whiteman
and “Red” Skelton. Errol Flynn was
not among those present, having
just returned to his hotel from Union
Station, where he went to meet his
wife, Lili Damita, who arrived this
(See BIRTHDAY BALLS, Page A-4.)
-»- ■ ■
Evelyn Thaw Breaks Arm
CINCINNATI, Jan. 28 UP).—Eve
lyn Nesbit Thaw, appearing here
in a burlesque show, wrent to an
other theater today to see Ethel
Barrymore in “Whiteoaks” and trip
ped on a stairway, breaking an
arm.
Hitler Assails
Communism,
Defends Rebels
Insurgents' Success
In Spain Hailed
By Fuehrer
BACKGROUND—
Reichsfuehrer Hitler has used
his Reichstag as the sounding
board for pronouncements from
. time to time of his intentions in
international affairs. Importance
is lent to present speech by de
mand now made upon him to
support Premier Mussolini’s ter
ritorial demands on France.
Prime Minister Chamberlain
made speech Saturday in effect
calling on Hitler and Mussolini
to make some contribution to
peace.
By the Associated Press.
BERLIN, Jan. 30.—Adolf Hitler
today launched a bitter attack on
bolshevism and pointed to the suc
cess of insurgents in Spain as "an
other vaiian defeat of the newest
universal attempt to destroy the
European cultured world.”
He started speaking promptly at
8 pm. (2 pm., E. S. T.) in an ad
dress to the greater German Reichs
tag celebrating the sixth anniver
sary of Nazi rule.
His address was expected to indi
cate how next he intends to use his
power.
In the quiet of his vast new
chancellery, a symbol of the might
of the enlarged Nazi empire of
80,000.000 people, Hitler had worked
until late afternoon on the speech.
Holiday Air in Capital.
Outside the heavily draped win
dows of his study, the capital as
sumed a holiday air to celebrate
the nation's new' position as a domi
nating continental power.
The population W'as astir from
early morning when Nazi party
music formations sounded reveille.
The city was colorful with swas
tika flags whipping in the breeze.
Brown-shirted Storm Troopers and
black-garbed elite guards thronged
the streets.
The entire route from the chan
cellery to the Opera House was
virtually walled with swastika ban
ners—along the Wilhelmstrasse, past
government buildings, into the his
toric Unter den Linden, under Bran
denburger Gate, across the broad
Hindenburg Platz and up Frieden
sailee.
Flags, banners and green fir trim
mings decorated the Opera House.
A polished vast gilded eagle and
swastika formed the background for
the speaker.
Loud-speaker arrangements were
made so that thousands could hear
in the streets outside the building.
The 855 brown-shirted deputies
forming the Reichstag membership
provided a double inspiration for
the Chancellor: A sympathetic audi
ence and a personification of his
greatest achievement—the annexa
tion of Austria, his homeland, and
Czecho-Slovak Sudetenland.
Reichstag Largest in History.
For the first time since 1848, 73
Austrian and 41 Sudeten deputies
were allotted seats beside Prussian
colleagues in the Reichstag, mem
bership in which today is the largest
numerically in the history of the
German people.
Whatever the course Hitler had
outlined for the seventh year of the
“national socialist rising,” whether
principally internal or another broad
step along the trail of his dynamic
foreign policy, his followers sang
one tune todav:
‘ The route of the Fuehrer is the
route of the people.” '
On the eve of the sixth anniversary
of Nazi rule. Labor Front Leader
Robert Ley told a Nazi party district
rally in Stettin that:
‘‘Whoever lives in Germany must
breathe the national socialist air.
* * * The German people has under
stood the meaning and the results
of our national leadership and it
knows that the Fuehrer was able to
create a corps of leaders which
tackles every problem, evades no
decision and places the greatest de
mands upon itself.
‘‘Our belief in the Fuehrer and
the party, therefore, is so strong
and accompanied with success, be
cause this belief is not wasted in
phrases but knows no bounds and
transmits itself in obedience.”
'Mile of Dimes' Is Completed
With Total of $9,176.90
The last dime in a mile was re
ceived shortly after noon today and
Washington's “Mile-of-Dimes” con
tribution to the national “March
of-Dimes Campaign” to combat in
fantile paralysis was completed.
An armored truck from the Treas
ury Department was to transport
$9,176.90 to the “Mile-of-Dimes”
stand at Fourteenth street and New
York avenue N.W. at 2:45 o'clock
for the final radio broadcast before
the contributions are turned over
to President Roosevelt.
This letter was received from John
A. Reilly, president of the Second
National Bank, shortly after the
mile was completed.
“This is to certify that the Mile
of-Dimes Campaign, sponsored by
the National Broadcasting Co. and
The Evening Star, has on deposit
in this institution the sum of nine
thousand one hundred and seventy
six and ninety one-hundredths dol
lars ($9,176.90).”
The entire amount was to be
turned over to Marvin H. McIntyre,
secretary to President Roosevelt, at
a special ceremony at *the White
House at 3:30 o’clock.
At the same time a leather-bound
volume of pictures taken at the
“Mile-of-Dimes” stand was to be
presented to the President, through
Mr. McIntyre.
The losing announcer in the N.
B. C. staff competition was sched
uled to deposit nine dimes on the
line today. He was Dorian St.
George, who handled the micro
phone the first day of the contest.
The winning announcer, Bryson
Rash, collected $750 in his 15
minute period on the air.
The runner-up, Ray Michaels, col
lected $393, while George Wheeler
was third with $280.
The last mail acknowledgement
was to be made at 5:30 p.m. today.
Those who were unable to get to
the N. B. C.-Star stand during the
campaign were to be thanked for
mailing in their contributions.
A contribution of 52 dimes was
sent to the "Mile-of-Dimes” today.
It came from Mr. and Mrs. Newman
Zarin, 1221 New Jersey avenue N.W.,
who are celebrating their 52nd wed
ding anniversary. Washington res
idents for 39 years, the Zarins have
10 children and 15 grandchildren,
who have already deposited their
dimes on the line.
A ton and a half truck on a good
will mission to South America drove
up to the stand yesterday. Edson
Smith, who won the world cham
pionship as a truck driver in a com
petition in Detroit, was the driver,
He donated dimes for every country
he will pass through during his
Pan-American trip.
The Knights of Columbus Band,
led by Edward J. McGraw, was the
featured attraction at the stand
yesterday. The band played a con
cert which was broadcast from the
scene.
x<
WHAT’LL WE TElT
. THE CHIEF7/
Relief Bill Sent
To Conference on
Senate Changes
Committee Expected
To Have Report Ready
By Wednesday
BACKGROUND—•
To finance operation of Works
Progress Administration from
February 7 to end of present
fiscal year President Roosevelt
asked new Congress to appro
priate $875.000,000. House econ
omy advocates cut sum to S725,
000.000. Senate, despite drive to
restore reduced figure, voted by
47 to 46 Friday to keep sum at
$725,000,00. Added to measure
as it was sent back to House
were amendments designed to
keep administration of relief out
of politics.
By the Associated Press.
The House sent the $725,000,000
relief bill to a conference committee
today to adjust differences with a
Senate approved measure.
There was no difference in the
amounts appropriated by the two
Houses, but the Senate added a
number of amendments to the
measure which the House had a
proved earlier.
The $725,000,000 figure represented
a reduction from the $875,000,000 re
quested by President Roosevelt. The
money is intended to finance W. P.
A. operations from February 7 to
June 30.
Speaker Bankhead named these
House conferees: Representatives
Woodrum of Virginia, Taylor of
Colorado. Cannon of Missouri. Lud
low of Indiana, Snyder of Pennsyl
vania. McMillan of South Carolina
and Johnson of West Virginia, all
Democrats, and Taber of New York.
Wigglesworth of Massachusetts and
Lambertson of Kansas, Republicans.
A similar committee will be named
by the Senate.
Report to Be Pushed.
Representative Rayburn of Texas,
the Democratic floor leader, an
nounced soon after the Relief Com
mittee was appointed that Repre
sentative Woodrum hoped to have
the conference report ready by Wed
nesday.
One of the provisions inserted by
the Senate in the relief bill provided
a 25 per cent limitation on W. P. A.
pay differentials and imposition of a
new set of restrictions on W. P. A.
political activity.
The Senate accepted a pro
posal by Senator Hatch, Democrat,
of New Mexico, to make it illegal
for any one to give or withhold W.
P. A. jobs for political purposes. It
also would prohibit political activ
ity by W. P. A. administrative offi
cers and would ban solicitation of
political funds from W. P. A. work
ers.
Race on Cracking of Atoms
Results in Four-Way Tie
Carnegie Institution, Two Other U. S. Groups
And One Abroad Report at Same Time
By THOMAS R. HENRY.
From three American and one
European laboratories simultaneous
ly this morning was reported the
cracking of atoms with the release
of the greatest energies ever known
on earth—in the neighborhood of
200.000.000 volts.
This first tapping of the ultimate
energy of creation which binds all
things together was accomplished
at the Terrestrial Magnetism Labor
atory of the Carnegie Institution of
Washington, and at Columbia and
Johns Hopkins Universities, and at
the University of Copenhagen. The
four institutions were working in
dependently and none knew the
progress the others were making.
The story is one of the most dra
Electric Rate Plan
I .
Saving Home Users
$141,503 Offered
Utilities Commission
Expected to Adopt
Proposed Schedule
A total of $141,503 of the $393,986
available for electric rate reduction
under the sliding scale plan will be
allocated to residential consumers,
it was indicated today, when the
Potomac Electric Power Co. filed a
new proposal rate schedule with the
Public Utilities Commission.
At hearings last week the Utilities
Commission received from the power
company a new rate schedule that
would have applied the entire sav
ings to commercial users.
Under the new schedule a total
of $252,483 would be applied to
commercial rate reduction. While
the commission has not yet acted
on the new schedule, it was indi
cated the newly proposed rate of
reduction would be adopted.
under the new schedule the rates
for urban schedules "A” (residen
tial) will be 3.9 cents for the first
46 kildwatt hours, 1.7 cents for the
next 80 kilowatt hours and 1.5 cents
for current in excess of 126 kilowatt
hours. The minimum monthly
charge would be 75 cents.
The rates for urban schedule "E”
(commercial) would be as follows:
3.8 cents for the first 80 kilowatt
hours; 2.3 cents for the next 400
kilowatt hours; 2.1 cents for the
next 5,220 kilowatt hours; 1.3 cents
for the next 33.050 kilowatt hours;
0.7 cents for the next 150,000 kilo
watt hours, and 0.6 cents for energy
in excess of 188,750 kilowatt hours.
Summary of Today's Star
Page.
Amusements,
, B-16
Comics B-14-15
Editorials __A-8
Financial ..A-13
Lost and
Found -,-B-ll
Page.
Obituary ...A-10
Radio_B-ll
Short Story.B-10
Society _B-3
Sports ..A-16-17
Women's Pg. B-6
Foreign.
Anarchists’ plot in refugee haven
reported foiled. Page A-l
Anxious world awaits Hitler speech
today. Page A-l
Chamberlain to see advisers after
Hitler talks. Page A-4
New Chilean quakes throw stricken
area into panic. Page A-4
Army stays in China indefinitely,
Japan's Diet told. Page A-5
Soviet Russia aims at full commu
nism in new plan. Page A-5
Body- of Yeats to be returned to
Ireland. PageA-12
National.
Felix Frankfurter takes oath as Su
preme Court justice. Page A-l
Supreme Court holds utilities have
"no standing" in T. V. A. Page A-l
California use tax law upheld by
Supreme Court. Page A-l
President marks birthday by staying
out of office. Page A-l
Great Lakes States paralyzed by rec
ord snowfall. Page A-l
Dewey lists huge loans to U. S. Judge
Manton. Page A-l
Felix Frankfurter takes place on
Supreme Court. Page A-l
New Mexico’s “politics in relief” case
opens. Page A-2
Vinson proposes exchange of surplus
cotton for war supplies. Page A-2
Lower taxes to encourage new enter
prises proposed. Page A-3
Relief bill goes back to House for ac
tion of Senate changes. Page A-3
Weinberg ends life; jury to hear
transcript of testimony. Page A-3
Martin claims majority support in
U. A. W. fight. Page A-7
Washington and Vicinity.
Atom-cracking frees greatest en
ergies ever known. Page A-l
A. B. C. Board hit for granting of
liquor license. Page B-l
Editorial and Comment
This and That. Page A-8
Answers to Questions. Page. A-8
Letters to The Star. Page A-8
David Lawrence. Page A-9
Alsop and Kintner. Page A-9
Frederic William Wile, Page A-9
Jay Franklin. Page A-9
Lemuel Parton. Page A-9
Miscellany
City News in Brief. PageA-11
Nature's Children. Page B-ll
Bedtime Story. Page B-14
Cross-Word Puzzle. Page B-14
Letter ^put. Page B-14
Winning Contract. Page B-15
Sports.
Decisive games due on national bas
ket ball card. PageA-16
Pop Warner quits at Temple; may
get Stanford berth. Page A-16
Venzke quits chase after Cunning
ham in Wanamaker. PageA-16
Brooklyn hails hall of fame with ex
Dodger now in it. Page A-16
National Open par course cut due to
affect all links. Page A-17
matic in the annals of science—a
whispered secret, an exiled old lady,
a suggestion dropped at a Wash
ington meeting of the keenest minds
in the scientific world, feverish night'
and day work, and the setting loose
of such titanic forces as man has
not hitherto dreamed of producing.
Last week was held here the an
nual joint conference on theoretical
physics of the Carnegie Institution
of Washington and George Wash
ington University. From Copen
hagen came Prof. Nils Bohr, one of
the great men of world science, with
a carefully guarded secret. From
Liege, Belgium, came Prof. G. Ro
senfeld. Dr. Bohr's chief collabora
tor, who shared the knowledge but
t See”SCIENCE,~PageA^-4.)
Great Lakes States
Are Paralyzed by
Record Snowfall
More Than 20 Injured
As Chicago El Trains
Crash in Blizzard
By the Associated Press.
CHICAGO. Jan. 30—A paralyzing
blizzard whipped across the South
ern Great Lakes States and the Ohio
Valley today, burying Chicago under
one of the heaviest snowfalls on
record.
Forecaster C. A. Donnel said #hat
if the storm continued all day at
the severity prevalent in midmorn
ing the Nation's second city might
have snow totaling more than the
existing record of 192 inches in
March, 1931. The fall was approxi
mately 1 foot by 9:30 am.
The storm was worst in Northern
and Central Illinois, Northern In
diana and Southern Michigan, but
spread rapidly northeastward into
Pennsylvania and New York State.
In Chicago two heavily-loaded
elevated trains on the Douglas Park
branch line collided in the blinding
snowfall during the morning rush
hour today. Early police reports
estimated the injured at more than
20. Five of the most seriously in
jured were taken to hospitals by
motorists.
Scores Cut by Glass.
Police and witnesses said scores
of passengers on the two trains were
cut by flying glass. Both trains were
east bound into the Loop and one
crashed into the rear of the other
as it was loading passengers at the
California avenue station. Three
of those injured were reported pin
ned in the wreckage and firemen
were summoned to free them.
In Chicago all public and paro
chial schools were ordered closed.
Thousands of commuters were late
to work when suburban railroad and
elevated trains, street cars and
buses were delayed.
Motor traffic was paralyzed. Only
four automobiles crossed the outer
(See STORM, Page A-3.)
Three, Trying to Escape,
Shoot Staunton Guard
By the Associated Press.
STAUNTON. Va„ Jan. 30.—
Charles Smith, a guard, was wound
ed at the State lime plant here last
night when three colored prisoners
tried unsuccessfully to shoot their
way to freedom, officials of the
prison camp reported today.
Coal Board's Right to Disclose
Cost Data Upheld by Court
By the Associated Press.
The Supreme Court ruled today
that the National Bituminous Coal
Commlsslofl may disclose cost data
submitted by 19 coal companies.
In a decision delivered by Justice
McReynolds, the tribunal affirmed
a ruling by the United States Court
of Appeals for the District of Colum
bia denying an injunction against
the commission.
Justice McReynolds’ opinion con
cluded:
“Obviously, publication may be
harmful to petitioners, but as Con
gress had adequate power to au
thorize It and has used language
adequate thereto we can find hefe
no sufficient basis for an injunc
tion.”
No dissent was announced.
The Utah Fuel Co. and 18 other
concerns contended that the 1937
Bituminous Coal Act, providing for
fixing minimum prices, specified
that data submited would be kept
confidential.
It was contended by the Govem
men* that the act permits disclos
ure of cost data in evidence in hear
ings before the commission. The
Supreme Court enjoined publica
tion of the data pending its de
cision. ,
14 Power Companies
Lose T. V. A. Attack
In Supreme Court
Frankfurter Takes
Oath as Justice;
Notables Attend
By J. A. FOX.
Before a crowd that taxed the
courtroom, Felix Frankfurter today
took oath of office as an associate
justice of the United States Supreme
Court, promising in a firm, clear
voice "to administer justice without
respect to person.”
Immediately upon reading the
oath after Charles Elmore Cropley,
the clerk of the court, the new justice
crossed behind his seven associates
on the bench and took his seat at
the extreme left, next to Justice
Hugo L. Black, who grasped his hand
as he sat down.
The ceremony which elevated the
one-time Austrian immigrant boy to
the highest tribunal in the world
was a matter of hardly more than a
few seconds.
Prior to coming on the bench, j
Justice Frankfurter took the con
stitutional oath in the privacy of
the court conference room from
Chief Justice Hughes.
As the justices filed in on the stroke
of 12, Prof. Frankfurter coining in !
at the end took a seat below the
bench level at the right of the court.
Hughes Announces Appointment.
Chief Justice Hughes then an
nounced the appointment by Presi
dent Roosevelt “with the advice and
the consent of the Senate" and the
clerk read the commission of office.
After the clerk. Justice Frankfurter
repeated the oath of office, conclud
ing with the promise, “So help me
God.”
Escorted by the marshal. Thomas I
E. Waggaman, Justice Frankfurter :
then took his place and the court
began to deliver opinions.
Only Justice Brandeis, who is ill, |
was absent from the ceremony,
which was witnessed by Mrs. Frank
furter and many notables and
friends of the new justice.
Just before the court convened
Attorney General Frank Murphy
and Solocitor General Robert H.
Jackson, whose names were at vari
ous time associated with the va
cancy to which Justice Frankfurter
was appointed, came into the court.
The combination of ceremony in
ducting Justice Frankfurter and the
possibility that the court today
would hand down a decision on the
constitutionality of the Tennessee
Valley Authority attracted the larg
est crowd of the session and one of
the largest that ever has been pres
ent at the court.
r.nra t nairs in Aisie.
The limited number of court room
seats was exhausted and the line
of hopeful spectators began gather
ing an hour before the time for court
to open. As a last minute emer
gency measure, extra chairs were
placed in the aisles of the chamber
and spectators not fortunate enough
to get in clotted around the grilled
entrances leading from areaways
along the side of the court room.
Those reserving seats for the cere
mony included Secretary of Labor
Perkins, Secretary of Commerce
Hopkins, the wives of Justices But
ler, Stone, Black and Reed; Mrs.
Frankfurter, Thomas G. Corcoran
and Benjamin V. Cohen, Govern
ment attorneys and former pupils of
Justice Frankfurter; Miss Margue
rite Le Hand, personal secretary to
President Roosevelt; Miss Ella
Frankfurter, a sister connected with
the Labor Relations Board; Senator
and Mrs. W. Warren Barbour of
New Jersey and Prof, and Mrs. Jo
seph Beale of Harvard University.
-•
Judge Is Approved
The Senate Judiciary Committee
approved today the nomination of
ptto Kerner of Illinois to be a judge
of the Seventh United States Circuit
Court of Appeals. The seventh cir
cuit embraces Indiana; Northern,
Eastern and Southern Illinois, and
Eastern and Western Wisconsin.
Court Refuses
Ruling on Coast
Group Health
By the Associated Press.
The Supreme Court today refused
to pass upon a California tribunal's
decision that activities of a San
Francisco group health organization
violated the State medical prac
tices act.
The California Supreme Court
held that the Pacific Health Corp.,
in selecting and paying licensed
physicians to care for members,
was itself practicing medicine in
violation of the State law.
The Supreme Court today ordered
reargument February 27 on two
cases from Kentucky and Kansas
involving the right of a State to
ratify, after once rejecting, the
pending constitutional amendment
to abolish child labor.
Reargument on the same date also
was ordered on litigation involving a
Government request for delay in
distribution of $586,000 to commis
sion men at the Kansas City stock
yards until Secretary Wallace could
pass anew on the reasonableness of
charges made from 1933 to 1937.
Tribunal Rules They
Have No Standing
To Maintain Suit
By the Associated Press.
The Supreme Court ruled today
that 14 private power companies
had no legal right to challenge the
Government's gigantic Tennessee
Valley Authority power program.
In a decision delivered by Justice
Roberts, the tribunal held the util
ities had "no right to be free of
competition.”
"In no aspect of the case have
the appellants standing to maintain
the suit,” Justice Roberts asserted.
Justices Butler and McReynolds
dissented to the 5-to-2 decision, con
tending it “goes too far.”
The opinion gave the Government
a go-ahead sign for continued con
struction of a series of dams in the
Tennessee Valley and for sale of
surplus power produced.
The high court affirmed a decree
in favor of the Government by a
three-judge Federal Court in East
ern Tennessee.
The three-judge court had held the
T. V. A. Act constitutional and that
the utilities “have no immunity
from lawful competition even if their
business be curtailed or destroyed.”
No Constitutionality Ruling.
The Supreme Court, however, did
not rule directly on constitutional
ity of the T. V. A. law. confining
itself to the right of the utilities to
bring suit.
Justice Butler, who wrote the dis
senting opinion, contended the util
ities were “entitled to have this
court decide upon the constitutional
questions they have brought here.'’
Justice Reed did not participate
in the decision. As Solicitor General
he had argued a previous T. V. A.
case before the tribunal.
Justice Roberts asserted that “the
vice of the position" taken by the
power companies "is that neither
their charters nor their local fran
chises involve the grant of a mo
nopoly or render competition ille
gal.”
“The franchise to exist as a cor
poration. and to function as a public
utility, in the absence of a specific
charter contract on the subject,” the
opinion continued, “creates no right
to be free of competition, and affords
the corporation no legal cause of
complaint by reason of the State's
subsequently authorizing another to
enter and operate in the same field.
me local franchises, while hav
ing elements of property, confer no
contractual or property right to be
free of competition either from in
dividuals, other public utility cor
porations. or the State or munici
pality granting the franchise.
Obligation Not Asserted.
“The grantor may preclude itself
by contract from initiating or per
mitting such competition, but no
such contractual obligation is here
asserted.”
Justice Roberts said the Federal
District Court “finds that the au
thority has not indulged in coercion,
duress, fraud or misrepresentation
in procuring contracts with muni
cipalities, co-operatives or other
purchasers of power; has not acted
with any malicious or malevolent
motive, and has not conspired with
municipalities or other purchaser of
power.”
“The record justifies these find
ings.” Justice Roberts asserted.
The 14 utility companies had
challenged the T. V. A. program,
designed to furnish a “yardstick”
for measuring the proper cost of
electricity in the United States.
They sought an injunction to re
strain the T. V. A. from construct
ing dams in the Tennessee River
and Its tributaries, from generating
electric energy at the dams and
from marketing the energy in ter
ritory claimed by the power com
panies They contended they were
threatened with imminent destruc
tion or serious injury by competition
from T. V. A.-produced power.
The T. V. A. argued that the
prime purposes of the vast enter
prise was to create and maintain
a 9-foot navigable waterway
throughout the 650-mile length of
the Tennessee River, to promote
navigation on the Tennessee River
and its tributaries, to control de
structive flood waters in both the
Tennessee and the Mississippi River
basins and to improve Wilson Dam
properties at Muscle Shoals in the
interest of national defense.
Construction of a series of seven
high dams on the main stream of
the Tennessee and two reservoir
dams on two of the principal tribu
taries, the Clinch and Hiwassee
Rivers, is included in the plan.
Dissenters Assail Setup.
The dissenting opinion of Justices
Butler and McReynolds assailed the
T. V. A. setup and declaring “pur
suant to a plan promulgated in 1933,
the defendants are conducting a
systematic campaign for disrupting
the established business relations
between complainants and their cus
tomers, destroying the good-will
built up by the complainants and
seizing their markets and inciting
7see~UTILITIES, Page A-5.)
Senator Wagner
Is Forum Speaker
Senator Robert F. Wagner of
New York will explain during
the National Radio Forum to
night the aims and purposes
of the bill he is drafting to
launch a national health pro
gram. Senator Wagner will be
heard over Station WMAL at
10:30 o’clock.
The National Radio Forum
is arranged by The Star and
is broadcast over a coast-to
coast network of the National
Broadcasting Co.