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Weather Forecast ~ ■ Light rain tonight; tomorrow cloudy, IOCo colder, possibly rain in morning; mini- SltlCC lOOZ mum tonight about 39 degrees. Tern- ————« peratures today—Highest, 58, at 2 p.m.; “A Welcome Visitor . lowest, 37, at 7:35 a.m. Prom the United^Stares Weather Bureau report. | In Washington Homes” ) Closing New York Markets, Page 20. ‘ -- —--——- UP) Meant Aaeociated Praaa. 88th YEAR. No. 34,930._ WASHINGTON, D. C., TUESDAY, DECEMBER 19, 1939—FORTY-EIGHT PAGES. *** THREE CENTS. Two Russian Planes Shot Down In Helsinki Raid as Allies Agree To Give All Possible Aid to Finns T Reds' Bombs Fall Harmlessly in Outskirts By THOMAS F. HAWKINS. Associated Press Foreign Corresponnent. HELSINKI. Dec. 19.—At least two Soviet bombers and possibly more were downed today during an air : raid in which 11 bombs were dropped on a Helsinki suburb without dam- \ Age Seven Russian planes roared over j Helsinki, hiding behind cloudbanks from volleys of anti-aircraft fire. | They disappeared to the north- j west, and later only three were sighted returning. The bombs dropped harmlessly in fields outside suburban Malmi. When the air raid sirens sounded, residents of the capital poured quickly from restaurants and stores Into shelters. Within three minutes the streets were cleared except ior Air-raid wardens, soldiers and an oc casional straggler. Streets Back to Normal. The all clear signal was sounded At 12:18 p.m. Two minutes later the streets wpre crowded again. Ped dlers of silvered evergreen branches Were back at their posts. Big de partment stores were thronged with Christmas shoppers, and the nor mal wartime tempo of life in the capital was resumed. As the populace started for the Shelters anti-aircraft shells could be seen bursting above the capital. The boom of guns, however, sound ed as if they were about a mile away. There were occasional bursts of machine-gun fire. In one small shelter 150 persons sat calmly on mattresses or stood And chatted. * An observer outside reported see ing one pilot jump from a plane which was wobbling as if hit. The Finnish composer Uuno Klami pnonea a newspaper tnat ne nad seen a plane fall several miles from Helsinki. The invading aircraft ap parently were flying at about 5.000 feet. In another Helsinki shelter about 450 persons gathered, among them Charles J. Leisio who lived in Chi cago for 20 years before returning to his homeland in 1938. Women Keep Watch. In a tower outside a woman look out called "None in sight" after the all-clear signal. With five other women and two men she kept field glasses trained on the sky for raid ers. Officials only today had issued warnings against civilians returning to the capital because of the air raid danger. Finland's last Minister to Moscow. Baron Aarno Yrio-Koskinen. ar rived in Helsinki last night after a roundabout journey through Ger many From the far north came reports of heavy fighting today in the Pet aamo area south of Kuotsjarvi. Soviet planes raided Eastern Fin land yesterday from the Karelian Isthmus north to the Kymi Valley. Finns said one hospital had been machine-gunned, but no casualties were reported. One woman was said to have been killed in a nearby vil lage. Perfect Flying Weather. Perfect flying weather—a break in ' the overcast skies that had pro-; tected Helsinki since the first three ■ days of the war—aided the attack ers. A paiachute was sighted as the' raiders were repulsed, but whether if carried a flyer from a stricken ship or a bundle of propaganda leaflets could not be discerned. A Red Army bombing squadron flew' over Viipuri. Finland's second city, on the Karelian Isthmus, yes- | terday. One plane wras shot down. The city was not damaged. On land, the Finnish high com mand reported the invaders were turned back on the east central front and in the Karelian area. (Stockholm newspapers said Finnish forces routed 17.000 *roops on the shore of Lake Kiant.a. east, of Suomussalimi and about *5 miles inland from Finland's western frontier. At the Petsamo Arctic front, dis p-ttches from Bergen, Norway, said 300 Russians were lured into a trap set by the Finns, i _Eleven_planes were reported 'See HELSINKI, Page~A-4.) | Judge Dobie Appointed To Appeals Bench ■y the Associated Press. President Roosevelt today pro moted Judge Armistead M. Dobie of the Federal Court for the Western District of Virginia to the Fourth Circuit Court of Appeals, embracing Maryland, Virginia, West Virginia and North and South Carolina. The President also gave a recess appointment to Alfred D. Barksdale of Lynchburg, Va.. as United States district judge for the western dis trict of Virginia. Judge Dobie, former dean of the University of Virginia law school, where Franklin D. Roosevelt, jr„ is a student, succeeds Judge Elliott Northcott of West Virginia, retired. Judge Barksdale, the White House ■aid, had the indorsement of Sena tors Glass and Byrd, Virginia Dem ocrats, and many members of the bench and bar. Both appointments are subject to Senate confirmation and will have to be submitted when Congress con venes next month. The President's first nomination for the western district judgeship in Virginia was Floyd Roberts. He was opposed by Senators Glass and Byrd In a party factional controversy and subsequently rejected by the Senate. Judge Dobie had the approval of the two Senators when he was named last June 2. A _ * BULLETIN FORT LAUDERDALE, Fla., Dec. 19 (^).—Coast Guard headquarters reported today an oil freighter, believed to be German, was entering the harbor at Port Everglades, apparently with a British cruiser in pursuit. Lt. J. W. Malin, executive officer of the Coast Guard base, said he had kept two vessels under observation since midmorn ing. Port Manager R. T. Spangler identified the tanker as a German vessel from its flag. Plainly visible from Port Ever glades. it showed the Nazi swastika in a white circle on a field of red. Spangler sent a pilot boat to meet the vessel, which dropped anchor about IV2 miles off shore. 'Aerial Torpedo' Dropped By Plane Sinks Trawler Second Ship Damaged as Nazi Bomber: Renew Attacks on Fishing Vessels By the Associated Press. LONDON. Dec. 19—Capt. David Sutherland of the 185-ton British fishing trawler Active today report ed his ship was sunk by an "aerial torpedo" fired by one of several Ger man warplanes raiding shipping off the British coast. Four other small ships were attacked. One of the Active’s crew was miss ing and three of the 373-ton Brit ish trawler Etruria's crew wrere killed. Yesterday the British reported the loss of three trawlers to German bombing planes, bringing the total for the past two days to four. losses included the New Choice. 198 tons; Pearl. 198 tons, and Compa ganus, 270 tons. Many British trawlers have been pressed into service by the admiralty as minesweepers. Towed to Scottish Port. The Etruria did not sink, but was towed to a Scottish port badly damaged. Capt. Sutherland said that "an aerial torpedo landed in the water beside us and hit under the water line. Seven bombs aimed at us fell into the sea." The crews of the two trawlers said 15 bombs were dropped in half an hour by circling German planes which also sprayed the trawlers' decks with machine gun fire. One bomb went through the deck of the Etruria, but a bulkhead kept her afloat. The trawlers Inverneil and Fort Rose were attacked, but reached port safely. A fifth ship was re ported damaged and being towed into port. Ship Survivors Landed. Thirteen survivors of the sunken Norwegian steamer Glitrefjell. 1.568 tons, were landed at a Scottish port. They said they believed their ship had been torpedoed. The captain and four seamen were killed and seven of the survivors wounded. The. survivors were rescued by a Greek vessel after nine hours in open boats. A second Norwegian ship, the 898-ton Kronprinsesse Martha, ran aground off Stavanger. Norway, to day and capsized, according to re ports from Oslo. All but 1 sailor of the 70 aboard were saved. The sinking of the British steamer City of Kobe. 4.373 tons, in the North Sea was disclosed with the landing of 18 survivors at an east coast port. They expressed belief their ship had been torpedoed. Survivors from the 1.877-ton Dan ish steamer Jvtte were landed at a port on Britain's northeast coast and it was indicated she had been sunk in the North Sea. The cause was not disclosed. Graf Spee Mistaken i For Scheer by Crew Of the Exeter Eyewitness Account Tells Of Steering of Cruiser Through Chain of Sailors ] By the Associated Pres*. LONDON, Dec. 19.—An eyewit ness account of last Wednesday's battle between the British cruiser Exeter and the German pocket bat- ; tleship Admiral Graf Spee, made public by the admiralty today, dis- : closed that the Exeter thought she was fighting the Admiral Scheer, a sister ship of the Graf Spee. The account, forwarded by “one of his majesty's colonial governors,” said that the Graf Spee opened fire at a range of about 12’. miles. Tire reference presumably was to the governor of the Falkland Islands; the Exeter headed for the Port Stanley naval base in the Falklanas after the battle. “Tlie first salvo from the Ger mans’ 11-inch guns fell short, the second fell directly astern, the third and fourth missed, but the fifth scored a hit and the seventh a di rect hit. “The impact of a shell on the forward turret killed outright 8 of a crew of 15 marines and made havoc of the bridge immediately above. The captain, however, was unscathed. Returns Shot for ajiot. “The Exeter closed, receiving three or four hits from 11-inch shells and was coming under fire from the Graf Spee's 5.9-inch guns. “She returned shot for shot until only one 8-inch gun could be fired and that by way of hand. “Numerous shells which fell alongside riddled the ship’s side, and the upper works on the steering gear were damaged just after 7 o'clock iin the morning), and for the fol lowing 45 minutes the captain steered the boat by compass from the after control, just forward of the mainmast, through a chain of some 10 sailors. “The directions were conveyed from man to man to the after steer ing wheel and the engineroom until the ship was no longer serviceable as a fighting unit and fell out of action.” By this time the smaller British cruisers Achilles and Ajax, with only 6-inch guns, had entered the running battle and by nightfall had chased the Admiral Graf Spee into the harbor at Montevideo, where she was blown up by her com mander Sunday night. The Exeter had lost 61 killed and 23 wounded. Casualties on the other two vessels brought the British list to 72 dead and 31 wounded. In the battle, according to the admiralty’s account today, fires broke out aboard the Exeter, but were controlled by men throwing burning material* into the sea and by fire-fighting below decks. I Berlin Claims British Lost 36 Out of 52 Planes in Attack Only Two German Ships Downed in Greatest Fight In History, Is Claim By the Associated Press. BERLIN. Dec. 19.—The great bat tle between British and German warplanes over German Bay i Hel goland Bight* yesterday was the biggest air fight in history, the Ger man news agency, DNB, said today. The German high command, re peating that only two German planes had been lost, raised from 44 to 52 the number of British planes reported in the engagement. British losses also were raised from 34 to 36 by DNB, which said it was established an additional bomber had been shot down and another plane had made an emer gency landing. • The British air ministry said only seven British craft were missing and that 12 German planes had been shot down.) Great All-Time Battle. In asserting that the battle was the greatest of all time, DNB today stated that only two previous en counters—both in the World War, were even comparable. These, DNB sai(}. were at Le Ca teau. France, on March 3, 1918. and at Conflans. France, on October 9, tSee BERLIN, Page~A^3.) > - High War Council Acts to Provide Material Help i By the Associated Press. PARIS, Dec. 19—The Allied Supreme War Council was reported today to have decided to give all moral and material aid possible to Finland without weakening their own war with Germany. It was understood that the main subject under consideration at the three-hour meeting was the possi bility of giving effective aid to the Finns in their stand against Russia. Prime Minister Chamberlain, who has been in France inspecting Brit ish troops, attended the meeting with Premier Daladier. A communique disclosed that others attending included Foreign Minister Lord Halifax. Sir Alex ander Cadogan. permanent under secretary for foreign affairs: Lord Chatfield, defense co-ordination minister, and Gen. Sir Edmund Ironside, commander of Britain's forces in France. The communique said the council "ordered necessary measures to re inforce the means of action which the Franeo-British collaboration has at its disposal in the diplomatic field as well as the military.” The War Council's reported de cision to aid Finland was in keep ing with the League of Nations’ resolution condemning Russian as an aggressor and calling upon League members to give Finland matPrinl anH mnro 1 nreir-tn The council's concern with diplo matic as well as military affairs was indicated by the presence of Auguste de Champetier de Ribes. under secretary of foreign affairs, and Alexis Leger. secretary-general of the French foreign office. Prime Minister Chamberlain, who i has just finished a tour of inspec !,ion of the British Expeditionary Force, was Premier Daladier's guest at dinner last night. British troops at the front were I reported to have suffered their first I casualties over the week end—the ! result of mines, bullets and grenades while some were on night patrol duty, according to military sources. Survivors among the British pa trols were said to have made sev eral trips into the knee-deep mud 3t the no-mans land of their sectors to bring back their wounded. A communique from the French high command to the British gen eral headquarters said: "The British now have their wounded and even their dead on French soil once again.” Important Talk Planned By Pope Christmas Eve By the Associated Press. VATICAN CITY. Dec. 19—Pope Pius XII was reoorted in Vatican circles today to be planning an im portant address—probably dealing with the war—for his customary Christmas Eve audience for the Col lege of Cardinals. The pontiff's response to the sa cred college's holiday greetings, prelates said, will be unusually sig nificant and probably will be pub lished the same night in a special edition of L'Osservatore Romano, Vatican newspaper. Aylesworth Resigns As New York Publisher B> the Associated Press NEW YORK. Dec. 19.—Merlin H. Aylesworth, publisher of the New York World-Telegram since March, 31, 1938, announced today his resig nation, effective December 31. when he will return to his first profession, the practice of law. Roy W. Howard, president and editor of the World-Telegram, said Mr. Aylesworth, former president of the National Broadcasting Co., would be succeeded by Noel S. Mac Neish, business manager, as head of the business, advertising and cir culation departments. Summary of Today's Star Page. Page. Amusements, Obituary __ A-12 C-10 Radio _ C-5 Comics —C-8-9 Sports _C-l-3 Editorials ..A-10 Society _B-3 Finance __.A-19 Woman’s Page, Lost, Found C-5 C-4 Foreign. Aerial torpedo sinks British fishing trawler. Page A-l Two Russian planes shot down in Helsinki raid. Page A-l Allies to give all possible aid to Fin land. Page A-l Germany’s fleet crippled, Churchill tells Britons. Page A-l Berlin claims British lost 36 of 52 planes in attack. Page A-l Graf Spee mistaken for Admiral Scheer by Exeter crew. Page A-l Canadian troops in Britain occupy “luxury” barracks. Page A-2 British-sold fuel oil may have been bait for Spee. Page A-3 Finns complete arrangements to buy U. S. planes. Page A-4 Widow of RUdyard Kipling dies in England. Page A-12 National Police report confession in slaying of Nazi aide. Page A-l Roosevelt takes up question of pro test over naval battle. Page A-l Toland’s move to resign as N. L. R. B. probe counsel checked. Page A-l Wheeler see* West favoring liberal “* T Washington and Vicinity. Christmas celebrations in D. C. get ting under way. Page B-l Corporation counsel studying seizure of “unlicensed” cream. Page B-l George M. Cohan weeps during play depicting his life. Page B-l Editorial and Comment This and That. PageA-10 Answers to Questions. Page A-10 Letters to The Star. PageA-10 David Lawrence. Page A-ll Alsop and Kintner. Page A-ll G. Gould Lincoln. Page A-ll Lemuel Parton. Page A-ll Constantine Brown. Page A-ll Sports Night games rated year's principal sports trend. Page C-l Dope indicates Tulane-Texas Ag tilt is a tossup. Page C-l East-West grid games have netted $500,000 for charity. Page C-l Feller only young pitcher among season’s leaders. Page C-2 Night football for District of Colum bia due next season. Page C-3 Miscellany City News in Brief. Page A-S Vital Statistics. Page A-18 Nature’s Children. PageB-10 The Talking Doll. Page B-12 Christmas Adventure. Page C-6 Service Orders. Page C-5 Bedtime Story. Page C-8 Crossword Puzzle. Page C-8 Letter-Out. Page C-8 Winning Contract. Page C-9 Uncle Ray’s Comer. Page C-9 f I’M SAVING The Lives of The crew s. " -N *-=*( >r- ' A The Great Humanitarian! Christmas Fund Gifts Do More Than Provide a Meal or Blanket Surroundings Won't Be Changed, but Warmed Spirits Will Make Them Seem Gay When you give $5 or $10 to The Star’s Christmas Heart Fund, what good does it do? Where does your money go? Think of it in terms of food. It’s a fact you may not know that there’s a forgotten army of children in the District who day by day live on beans and cheap •'fatback" pork—with never a taste of fresh fruit, fresh milk, fresh vegetables. They drink weak tea, flavored with a spoonful of sugar or molasses, sometimes enriched by a dash of canned milk. How about a Christmas dinner for them? The Star has at hand a list of several thousands of children. Each is certified by trained social workers—and here is ❖-— what the workers report will hap pen to your donation for the Christ mas Heart Fund. A mother will for a day abandon beans and fatback for the meal her family votes for. She'll go to the grocery with $1.50 for each adult in her family and 50 cent* for each child 'maximum. $5), and maybe she'll buy a chicken. Or perhaps the kids will demand some other main course—at any rate they are going to get a glass of milk and k fresh vegetable, and a fruit salad. Frankly, it can't be a fancy din ner, because when you are given $5 for one day you economize, and cook on a single blaze. And it won t be held in a banquet hall, because it is ' See CHRISTMAS. Page A-2 > " Ice Skaters to Aid Star Campaign Ice-skating fans can benefit The Star-Warner Bros.-N. B. . C. Christmas campaign for the needy tomorrow by at tending a Toy Matinee at Chevy Chase Ice Palace from 2:30 to 5 p.m. One new toy and 10 cents will be price of admission—or, if you pay the regular entrance fee, a' por tion of it will be forwarded to the Christmas Heart Fund. Pugilist Confesses Slaying Nazi Aid, Toronto Police Say Brooklyn Detectives In Canada With Warrant for Suspect By the Associated Press. NEW YORK. Dec. 19.—John J. Ryan, assistant chief police Inspec tor, announced today that Ernie Haas 28, a pugiiist, had been ar rested in Toronto. Canada, for the killing of Dr. Walter Engelberg, sec retary of the German Consulate here. Mr. Ryan said Haas acknowl edged he beat Dr. Engelberg to death in his Brooklyn home on December 5. Haas’ statement. Mr. Ryan said, was made to Capt. Frank Bals, Brooklyn detective. Toronto authorities said the pris oner’s real name was Ernest Kehler. They said New York detectives ar rived in the city last night with a warrant for his arrest Woman Leads to Arrest. A woman. Ryan said, unwittingly led to Haas’ arrest. The woman went to a Brooklyn department store to buy an electric train and other toys. While she was being waited on sne telkcd with a salesgirl and mentioned Haas’ name a the fact that she was going to Toronto. The salesgirl secretly notified the store management. Police were called and the woman was trailed. Dr. Engelberg's body was found, 24 hours after the slaying, by an other consulate employe who went to the Brooklyn house to see why Dr. Engelberg had not reported for work on two successive days. Finds Back Door Open. The employe, Fred Doell, found the back door open. Upstairs he came upon Dr. Engelberg’s body, garbed in white nightgown, stretched on a bed. The victim’s hands were folded; his head had been bashed in. Numerous bloody fingerprints, a pair of size 11 house slippers and a large dressing gown were found. Neighbors of Dr. Engelberg, who was a German university graduate and a veteran in the consular serv ice, told the police he had been in the habit of entertaining men at the house. Destroyers Back in Service SAN DIEGO, Calif., Dec. 19 (JP).— Twelve World War destroyers, de commissioned in 1922, were put back in service today in the neutrality patrol. Twenty-six others have been recommissioned here since out break of the European war. L 5 Foes' Fleet Crippled, Churchill Claims; Sees 'Violent limes' Says Germany Lost 12 Planes at Helgoland And Britain Seven (Text of Churchill Address on Page A-14.) Br tht Associated Press. LONDON. Dec. 19.—With fierce acceleration of war at sea and in the air. Britons have been warned by Winston Churchill, first lord of the admiralty, that "rough and vio lent times lie ahead.” The full scope of aerial and naval combat—as against the comparative quiet on the western front—was brought home with the disclosure that the greatest air battle of the war was fought yesterday over the German coast and Mr. Churchill’s declaration that "a considerable proportion” of Germany's cruiser strength was put out of action last week. % Great Britain claimed these suc cesses against the German Navy within the past week: Scuttled after entrapment by British cruisers — The 10,000-ton pocket battleship Admiral Graf Spee. Sunk in the North Sea—One sub marine and one cruiser of the 6.000 ton Koeln class (the Koeln, Karl sruhe or Koenigsberg). Crippled by torpedoes in the North Sea—The 6,000-ton cruiser Leipzig and the 10.000-ton cruiser Bluecher or her sistership, the Admiral Hipper. 12 to 7 Score Claimed. The air ministry announced 12 of about 24 German fighting planes were shot down and 7 British bom bers “unaccounted for” after hot (See LONDON, Page A-3.) President Is Facing Complex Tasks At Holiday Season Naval Battle Protest And T941 Budget Among Pressing Problems B.v JOHN C. HENRY. President Roosevelt returned to Washington today for the holiday season—and lots of work. Most immediate problem, perhaps, will be that of considering with Sec retary of State Hull the possible participation of this Government in a joint American republics protest against Europe s belligerent nations for the running naval engagement oft the South American coast last week between British and German ships. Secretary Hull told his press con ference this afternoon that consul tations looking toward joint action by the American republics as a result of the violation of the Pan- J American neutrality Sone involved in the British-German naval battle 1 were sill going forward, but that no! conclusion had been reached as yet. Uruguay has suggested diplomatic representations to Britain and Ger many; others have proposed auto matic internment of any belligerent warships entering American ports. Conversations among spokesmen of the American republics already have taken place and a meeting of the Permanent Inter-American Neu trality Committee is scheduled to open at Rio de Janerio on Jan uary 15. Yesterday, Francisco Castillo Ne jera, Mexican Ambassador, con ferred on this Question with State Department officials here, later say ing that he believed joint protest action should be taken by the na tions of this hemisphere. But international problems are .not the only ones facing Mr. Roose velt in the next two weeks as he prepares for the return of Congress on January 3. two weeks from to morrow. Already wTell along in prep aration of the budget for the fiscal year 1941, the Chief Executive and Budget Director Harold D. Smith are expected to meet several times more during the next few days. Other presidential advisers are ex pected to see him frequently in con nection with departmental problems carrying over into the new year, in connection with numerous pending appointments and in connection with with opening message to the Congress. Since Mr. Roosevelt's departure for Hyde Park last Thursday pre vented the regular cabinet meeting last Friday and some of the cabinet members are desirous of leaving the Capital over the coming week end, a session of this group has been sched uled at the White House this after noon. Hoover Cables $100,000 For Finnish Relief NEW YORK. Dec. 19 (/P).—Her bert Hoover, chairman of the Finn ish Relief Fund, today cabled $100, 000 to Prime Minister Risto Ryti for Immediate relief of suffering non-combatants. The money, taken from the week’s receipts, is to be used for civilian rehabilitation only. 52 Balk at 'Checkoff' In Welfare Assn. Vote Fifty-two employes of the Wel fare and Recreational Association have balked on the controversial “check-off” provision in a labor union contract, a ballot tabulation showed today, indicating early re sumption of activity in high Gov ernment circles to iron out difficul ties between the union and associa tion management. Refusal of these employes to designate either the union or “charity” as the recipient of a por tion of their monthly salaries—a requirement under one provision of the contract signed last month— indirectly challenges the legality of the clause. The 682 ballots cast under the supervisions of the Labor Depart I ment Conciliation Service were di vided as follows: The “check-off” sum to the union as dues, 565. To a charitable organization des ignated by the association manage ment, 65. Signed and designated “no” in each instance, 17. Unsigned, 34. Signed with pseudonym, 1. Capt. P. W. Hoover, superintend ent and general manager of the association, said that the tabulation figures will be turned over to the Board of Trustees (composed of offi cials in several Government depart ments) with the recommendation that the report be referred to the office of the controller general. I N. L. R. B. Aide Declares Act Protects Reds Subversive Moves Alone Bar Them, Phillips Testifies BACKGROUND— Internal dissension in National Labor Relations Board held spotlight in first week's investi gation by special House commit tee. Probe of much-criticized N. L. R. B. launched last Mon day to determine whether agency was impartial in decisions, con duct and interpretation of Wag ner Act. One of board’s former regional directors traced his resignation to failure to take Washington orders to violate Wagner Act. By JAMES E. CHINN. A Communist is entitled to the same protection from the Wagner Act as members of other political parties unless he is engaged in sub versive activities. Philip G. Phillips, Cincinnati regional director of the National Labor Relations Board, today told the special House com mittee investigating that agency. Mr. Phillips, on the witness stand for the second day. made his state ment in answer to a question by Representative Smith. Democrat, of Virginia, committee chairman. "There's nothing in the act 'Wag ner Labor Relations Act', which says a Communist is not to be given protection," the witness declared He added, however, he did not be lieve a Communist should be pro tected by the act if it is shown hi is engaged in un-American activities. "It is pretty generally believed." said Chairman Smith, "that the Communist party is a party whose principle is to foment trouble in the United States and to bring about a revolution and establish the same form of government as exists ir. Russia. Is it the position of th* National Labor Relations Board to employ a man who advocates those DrinciDles?" Requests Direct Answer. Representative Smith emphasizec he wanted a "very direct" answer to the question, because he said, Communists have caused “a lot Of trouble in this country," and then, he added, "if that question isn'* clear. I'll ask it again.” Mr. Phillips replied that he did not believe under the Wagner Act an employer could deny employ ment to a man simply because of his political belief. He emphasized that the act afforded the same pro tection to Communists as those of other political parties, and did not believe a company would have to keep on its pay roll any employe that advocated violence. The Communist angle was injected into the hearing as Edmund M. To land, chief committee counsel, con tinued to examine Mr. Phillips about the Cincinnati Milling Co. case which involved a discharged employe who had admitted he was "active” in the Communist party but had denied he was a party member. This case was first taken up late yesterday just before the committee recessed. Mr. Phillips explained he did not believe the way to indicate a per son advocated violence was by show ing he is a member of any particular political party. "I don't think the way to prove that,” he said, “is by showing he is a member of a party any more than you can prove that Carter Glass iSenator Glass of Virginia) advocated the National Labor Re lations Act because he is a member of the Democratic party. Instructions for Examiner. Earlier it was snown mat in a record of the Cincinnati Milling Co. case in which Mr. Phillips had ap peared as an attorney for the board, he had made this remark: ‘‘I abhor Communism and every thing about it.” During discussion of the milling company case, it was brought out that Mr. Phillips, acting as attor ney for the board, had given cer tain instructions to Harlowe Howe, a board trial examiner, who he de scribed as "green” at the time, as to past decisions of the board with respect to an employe's political affiliations. Mr. Phillips said he had been ad vised by Board Secretary Witt that whether the respondent in the case —Mike Mischeff—was a member of the Communist party was not ma terial because he had been dis missed for union activities. After these instructions. Mr. Phil lips said Mr. Hurley ruled out tes timony that would have shown that (Continued on Page A-5, Column 1.) J. D. Wickhem Reported Considered for Court John D. Wickhem, a member of the Supreme Court of Wisconsin, is being considered for the vacancy in the United States Supreme Court created by the death of Justice Pierce Butler, the Associated Press reported today. Justice Wickhem. 51, is described by his friends as a “Democrat, Catholic, liberal and Midwesterner” and has been on Wisconsin bench since 1930, when appointed by Gov. Walter J Kohler. He is a former professor of law at the University of Wisconsin and practiced law in Milwaukee for a while. The death of Justice Butler, a Minnesotan, removed the only Catholic from the Supreme Court and it has been felt here that his successor would be a member of that faith and likely would come from the Midwest. The name of Attorney General Murphy also has figured promi nently in the speculation regarding this appointment, but the Attorney General said recently he thought he ought not to receive it, and friends have said he was better sat isfied in his pre^nt position.