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Evening star. [volume] (Washington, D.C.) 1854-1972, March 05, 1939, Image 3

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McNary and Martin
Hail Restoration of
Congress' Power
G. 0. P. Leaders Speak in
Sesquicentennial
Broadcast ,
t! the Aisoelated Press.
Republican leaders last night
hailed their party's increased
strength in Congress as an indica
tion of the vigor and endurance of
democracy and of the American
people's determination to maintain
the form of government they have
had for 150 years.
Speaking on a broadcast program
commemorating the sesquicentennial
anniversary of the first Congress,
Senator McNary of Oregon and Rep
resentative Martin of Massachusetts,
the Senate and House minority lead
ers, said the economic distress of
the last few years had led Congress
to surrender some of its independ
ence and vote great discretionary
powers to the Chief Executive.
But the American people heeded
in last fall's elections, Senator Mc
Nary said, admonitions against turn
ing power over to one man and
•'undertook to redress the balance
©f authority in the National Govern
ment."
"This they did by greatly reduc
ing the swollen power of one party
in Congress. Thus on the birthday
of Congress we find that body re
verting to its traditional independ
ence. We find again general' ac
ceptance of the principle on which
our Government is built, namely,
that 'deliberative forces should pre
vail over the arbitrary.’ ”
No Longer "Rubber Stamp.”
Representative Martin said the
people always had taken a hand
when Congress "has surrendered its
rights and independence.”
"Our rejoicing over the survival
for 150 years of our form of govern
ment is made more hearty,” he
added, "by the thought that again
Congress is returning to its tradi
tional place of independence. No
longer can it be said that Congress
is a ‘rubber stamp' body for any
one. No more do we hear of ‘must
programs' to be enacted, irrespec
tive of what the majority in Con
gress thinks about them.
"With the restoration of Con
gress and our Government to a
constitutional basis, I venture the
prediction that it will not be long
before America goes forward again
to a better and higher standard
of living and to a happiness and
contentment greater than any we
have previously enjoyed. * * * The
people know they are now safe from
unwise and fantastic experiments.
Solutions for all our problems can
be found within the framework of 1
our traditional American Govern
ment and it is only when we depart
from the basis that we remain in
chaotic and troubled waters.”
Brake on Hasty Action.
Senator McNary said the ad
vantages of the representative sys
tem of government were illustrated
in the means by which governments
formulate their foreign policies.
For some peoples, he said, "the
decisions which may plunge them
into bloodshed are made behind
closed doors by a few men.” He
added:
"Here under our representative
system of government such vital
policies are hammered out on the
anvils of legislative debate. The
presence in the Nation of an alert
and vigilant Congress is an anti
dote against secrecy in the formula
tion of foreign policy. Moreover,
it constitutes a brake on hasty or
ill-considered action.
"Thus if this country again is
forced to take up arms—and may
God forbid—our people at least wiil
know the reasons and causes for
such a course.”
Americans Called Fortunate.
Representative Wadsworth, Re
publican, of New York, speaking on
another radio program, said United
States citizens "are a fortunate
people, envied by all the world.”
“The Government of the United
States,” he said “lives today as the
oldest government in the world. "No
abandonment of its fundamental
principles has occurred. No sub
stantial change in its structure has
been brought about. • • •
"Compare this picture with what
you see in Europe and Asia. • • *
There wre see in many places com
plete denial of all those things which
we have been led to believe are pre
cious and for which human beings
have struggled for centuries.”
Howard U. Announces
Commerce Day Speaker
Jesse B. Blayton of Atlanta will
be guest speaker at the annual
commerce day celebration sponsored
by the Commerce Club of Howard
University Wednesday at 1 p.m. in
the university chapel.
Co-operating with the university's
club are the Washington Chamber
of Commerce, the Washington So
ciety of Accountancy and the de
partment of business practice of the
colored divisions of the public
school system. ,
The address by Mr. Blayton will
be followed at 3:30 p.m. by a round
table discussion of "Community Or
ganization for Better Business.”
Mr. Blayton. a public accountant,
will also speak at a semi-formal
banquet in Sojourner Truth Hall at
the university at 8 p.m. A brief
meeting of the Washington Chamber
of Commerce will precede the dinner.
The committee on arrangements
Includes Thomas W. Parks, presi
dent, and Frank W. Adams, secre
tary, of the Washington Chamber
of Commerce; A. L. De Mond of the
public schools department of busi
ness practice for the colored divi
sions; Naylor Fitzhugh of the Wash
ington Society of Accountancy and
Edgar Davis, president of the Com
merce Club of the university.
Greater Penalties Sought
For Guilty Judges
B» the Associated Press.
Representative Anderson, Repub
lican, of California has proposed a
bill to increase penalties for mal
feasance on the part of Federal
Judges.
The bill would make it punishable
by a fine of not less than $50,000
nor more than $100,000 and impris
onment for not less than 15 years.
Under existing law, judges may be
fined not more than $20,000 or im
prisoned for not more than 15 years.
CONGRESS CELEBRATES 150th ANNIVERSARY—A general view of the joint session of Congress yesterday when President Roosevelt spoke on the 150th anniversary. Before him in the front row sat
members of the Supreme Court and cabinet. They are, left to right, C. E. Cropley, coArt clorh? Justice Frankfurter, Justice Reed, Justice Black, Justice Roberts, Justice Stone, Justice Butler, Justice Mc
Reynolds. Chief Justice Hughes, Secretary Hull, Secretary Morgen thau, Secretary Woodring and Attorney General Murphy.
Getting a Forum Big Problem
Of First Congress in 1789
Only Eight Senators Appeared at Start,
But Entreaties Brought More Later
By JOHN J. DALY. I
On March 5, 1789. which fell on a
Thursday, a spritely gentlemanj
whose penmanship resembled steel
engraving sat down at an old-fash
ioned desk and inscribed in a ledger
book the proceedings of the first ses
sion of the first United States
Senate.
That was in New York City.
Yesterday, in the Senate Library,
many members of the 76th session
of the Senate took time off to visit
the shrine where this old folio is j
encased. And they remarked about j
the beautiful penmanship, like cop- ;
per plate.
Somewhere about the middle of
the folio the original keeper of the
first Senate's records grew tired, or
he W'as replaced by another penman,
and the handwriting from there on
is ’not so good." as one legislator
remarked.
Nevertheless, what that handwrit
ing records is of supreme importance
to this Government, for it tells a
story of great human interest—the
struggle the early fathers had in
assembling a quorum. Up to March
4. 1789, the destinies of the young
Republic were in the hands of the
Continental or Revolutionary Con
gress. For 14 years that assemblage
had functioned, through the dreari
ness of war and the unsettled condi
tions that followed peace and the
formation of the Union proper.
First Session of Congress.
Then came this first session of the
Congress under the Constitution—
and it looked for awhile as if they
might never get together. At the
beginning, only eight Senators put
in appearance—and they were forced
to adjourn from day to day because
they could not get a quorum. They
were stalwart men and patient, and
their names are in the history books:
John Langdon, Paine Wingate, Caleb
Strong, William S. Johnson, Oliver
Ellsworth, who framed the first ju
diciary bill, and Robert Morris, who
had helped finance the Revolution.
They worked like day laborers, for
$6 a day. Later they got a flat salary
of *1,500 a year; but that was not
until 1816.
Day after day. from March 4 to
April 6, these men met and still they
could not get a quorum. They had
patience, but it was on the verge of
cracking. So on March 11 they sat
down and penned a Joint note to the
absent members, among them
Charles Carroll of Carrollton, John
Henry, Richard Henry Lee, Pierce
Butler and others to the number
of 12.
Said the circular letter:
"Sir:
nsieeauiy me wmsuiuuun oi
the United States. 8 members;
of the Senate and 18 of the House
of Representatives have attended
here since March 4. It being of the
utmost importance that a quorum
sufficient to proceed to business be
assembled as soon as possible, It is
the opinion of the gentlemen of
both houses that information of
their situation be immediately com
municated to the absent members.
“We apprehend that no arguments
are necessary to evince to you the
Indispensable necessity of putting
the government into immediate
operation: and therefore earnestly
request that you will be so obliging
as to attend as soon as possible.
“We have the honor to be, sir,
(Signed by the aforegoing names.)
Continue Absent.
The 12 tardy members of the Sen
ate continued absent, however, so on
March 18, 1789, the faithful eight
got together again and, without
benefit of quorum, dispatched an
other circular letter to "the absent
brothers.” This one read;
"Sir:
“We addressed a letter to you the
11th inst. since which no Senator
has arrived. The House of Repre
sentatives will probably be formed
in two or three days. Your pres
ence is indispensably necessary. We
therefore again earnestly request
your immediate attendance, and we
are confident you will not suffer
our and the public anxious expec
tation to be disappointed.
“Your obedient servants,
• Signed by the same)."
That letter did the trick.
By horseback and carriage the1
absent members of the Senate plied
themselves to New York—and on
April 6 there was a quorum.
It turned out to be a momentuous
quorum, too, for on that day and |
date they got together and elected !
a President of the United States, i
George Washington; a Vice Presi
dent, John Adams, and a Speaker
of the House, Frederick William'
Muhlenburg.
So, after quite a bit of delay, the
Government got away to a flying
start.
All of this is recorded in the an
cient Journal, now neatly restored
to its pristine glory—the book writ
ten in the 13th year of the Inde
pendence of the United States. It
reposes in the Senate Library.
- !
S. P. Burke to Address
Columbia Alumni
Stephen P. Burke, consulting
chemical engineer and holder of
the Columbia University conspicuous
alumni service medal, will discuss
"Columbia Alumni in the Devel
opment of the University's Inter
ests" Saturday before a luncheon
meeting* of the Columbia University
Alumni Association of Washington
at the Young Women's Christian
Association Building.
According to Lt. Col. Lester O.
Wilson, president of the organiza
tion, plans are to be offered at the
luncheon for formation of an execu
tive committee to represent the 17
schools of the university in delibera
tions of the association officers.
All Columbia alumni in the city
are invited to attend.
Dies Listens Over Radio
To Congress Ceremony
Propped up on pillow?, Represent
ative Martin Dies listened to Con
gress commemorate its 150th anni
versary yesterday by means of a
small radio near his bedside.
The Texas Representative, who
was recently dismissed from Emer
gency Hospital, where he underwent
an appendectomy, is recuperating at
his home, 1625 Hobart street.
“The bandages and stitches were
removed Friday and he's doing pret
ty well,” Mrs. Dies said. “But he
gets very restless being cooped up so
closely,” she added.
Dr. Elliott Campbell described Mr.
Dies’ condition as “satisfactory” and
said he probably would return to his
office in another week.
Mrs. Merryman Back
NEW YORK, March 4 (IP).—The
Duchess of Windsor’s “Aunt Bessie,”
Mrs. D. Buchanan Merryman of
Washington, arrived on the liner
Manhattan last night after a
month’s visit with the Duke and
Duchess at Antibes, Prance. She
said as far as she knew they did
not plan to come to this country.
TERMITES
Most of our jobs come throush the
recommendation of our customers.
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w W. O. Pruitt. Mar.
Kutl. Press Bite. VsU. STli
“Atk Our Customers"
Partner in Hutton
Firm Suspended
By S. E. C.
Action Is Discontinued
Against Others in
Atlas Tax Case
By the Associated Press.
The Securities and Exchange
Commission discontinued yesterday
its proceedings against the New York
Stock Exchange firm of W. E. Hutton
& Co., but suspended a partner of
the firm from his exchange mem- j
berships for three months.
The S. E. C. had charged that the '
Hutton firm and others used instru- 1
mentalities of interstate commerce
to create "false and misleading" ap
pearance of active trading in the
stock of Atlas Tack Corp. on the
New York Stock Exchange.
In an order issued November 13,
1936, the S. E. C. named as respond
ents the firm. John Christie Dun
can, Carroll V. Geran, Wiliam E.
Hutton, 2d, and H. H. Michels. Mr.
Michels is a member of the San
Francisco brokerage firm of William
Cavalier & Co., but the Cavalier firm
was not involved in the commission's
allegations.
Hutton Is Suspended.
Although the S. E. C. discontinued
its proceedings against the Hutton
firm, it ordered that William E. Hut
ton, 2d, be suspended from member
ship in national securities exchanges
for three months, beginning March
15.
Under the Securities Exchange
Act of 1934, a partner of a broker
age firm is deemed a member of
those exchanges to which the firm
belongs.
Mr. Hutton thus will be suspended
from the New York Stock Exchange.
The New York Curb Exchange, the
Philadelphia Stock Exchange, the
Detroit Stock Exchange, the Chicago
Stock Exchange, the Baltimore Stock
Exchange, the Cincinnati Stock Ex
change and the Chicago Board of
Trade.
One Month Suspension.
The commission also ordered that
Mr. Michels be suspended for one
month, beginning March 15, from
the New York Stock Exchange, the
New York Curb Exchange and the
Chicago Board of Trade. Proceed
ings against Mr. Duncan and Mr.
Geran were discontinued.
The commission's order said Jerry
McCarthy, formerly a customer’s
man in the Detroit office of the Hut
ton company, “has been suspended
from employment because of the
charges • * • and has not been re
employed and will not be re
employed by W. E- Hutton & Co.
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Center Site for Auditorium
Favored by Bishop Freeman
Dr. Charles B. Campbell Prefers ’
East Cap.itol Street Location j
This is the 22d ,of a series of
articles dealing with the audi
t,->rium-stadium problem now be
fore Congress. Further discus
sion will follow, and the opin
ions of readers are invited. -
Right Rev. James E. Freeman.
Bishop of Washington, indorse* the
Municipal Center site for the audi
torium.
This was made known today in a
letter to The Star, which rAds. in
part: “In view of the monumental
structures now erected on Constitu
tion avenue and. furthermore, in
view of the fact that this is near the
center of the city and that avenues
Df approach are broad and ample. I
am disposed to think that the loca
tion of this municipal auditorium
might well be the one selected by
the Secretary of the Interior and
the Capital Auditorium Commis
sion.’’
Bishop Freeman believes that “the
question of accessibility is a very
important one.’’ “Of course,” he
says, “I assume that such a building
in dignity and architecture will be
commensurate with the other splen
did buildings erected for Federal
purposes on Constitution avenue.
“Washington has become increas
ingly a convention city and at the
present time there are no adequate
facilities to house not only conven
tions but great meetings that occur
from time to time here in the city.”
The armory and sports center de
velopment, in Bishop Freeman’s
judgment, “should be a project
apart.”
Dr. Charles B. Campbell, chair
man of the Public Health Committee
of the Federation of Citizens’ Asso
ciations, representing a different
opinion, prefers the East Capitol
street site. “My reaction,” he writes. '
“is that the auditorium should be
placed in some location in the Dis- |
trict of Columbia where parking, bus
and railroad facilities are available.” j
The Mount Pleasant Citizens' As
sociation, Dr. Campbell reports, for
a number of years has advocated
placing Government buildings in the
suburbs in order to relieve conges
tion in the downtown area. “The
Public Health Laboratory and the
Cancer Experimental Laboratory,”
he says, “are now being built near
Bethesda, Md. This is a move in the
right direction."
Dr. Campbell explains: “I am in
favor of building a stadium, sports
center, armory and auditorium at
the end of East Capitol street. It
would be easily reached by automo
bile, street car and bus; also a spur
of the railroad could be built to
bring visitors to the stadium and
auditorium when events would draw
large crowds from out of the city.
"This is the provision furnished by
the railroad for games at Franklin
Field, Philadelphia.
“The eastern section of our city
has been overlooked in the building
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"Improvement of this section will
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