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A. P. Will Appeal Suit
To Supreme Court 'Without Delay' B> the Associated Press. NEW YORK, Jan. 19.—The Fed eral Court Judgment in the Govern ment’s civil antitrust suit against the Associated Press, nonprofit news co-operative, will be appealed tp the United States Supreme Court. The association's Board of Direc tors announced the step last night, declaring in a statement that "no newspaper, no press service can operate successfully under a court Injunction.” The judgment, which would re strain the A. P. perpetually from ob serving by-laws under which mem bers might consider the competitive ability of an applicant for member ship, already is under temporary stay. The appeal, to be taken "with out delay,*’ will stay Its pending the highest court's ruling. President Reserves Comment. By coincidence, the directors’ statement was adopted about the time that President Roosevelt said at his press-radio conference in Washington that he did not think he wanted to comment on the judg ment. The board at the time of its action did not know of the reference to the A. P. suit in the President's conference, nor did the President know when asked for comment that the A. P. board had decided on an appeal. When asked whether he had noted the judgment, the President inquired whether the Supreme Court had handed it down and what was new about it. Later, he smiled and asked: Does the country club still exist? In referring to the A. P. as a coun try club, the President may have had In mind that the A. P.. a non profit co-operative, is organized un der the membership corporation laws of the State of New York, as are some fraternal, social and char itable organizations.. Judges Were Divided. The judgment was based on a 2 to-1 decision of three circuit judges in the southern district of New’ York, who heard the case on the Government’s motion for summary judgment. This proceeding denied the A. P. request for a trial on its merits. Justice Department officials have said that this move never be fore was employed in Sherman Act cases. The judges sat as an expediting court at the request of Attorney General Biddle, who asked that the action be “in every way expedited.” The Government requested the in junction without a trial occurring on the ground that the briefs, affi davits and other documents sub mitted by opposing attorneys were sufficient for a final decision. In a formal statement, the A. P. directors said: “No newspaper, no press service can operate successfully under a court injunction^ The Associated Press Is a nonprofit co-operative or ganization dedicated to giving an unbiased, factual report of the news. Foresee Court Supervision. "The decision of the statutory court in New York would subject the world’s greatest news-gathering organization to suit and harassment and to a perpetual injunction which would render it subject to future whims of administrative officials and continued supervision of the Federal courts. "The court found the Associated Pre<^ was not a monopoly. It found that it was not a common carrier. Yet the decision, if not appealed and overthrown, would impose a method of doing business upon the Associated Press which would ham per its efficiency and weaken its co operative structure. There is no course open except to appeal from such intrusion. Resolution Quoted. The board therefore passed the following resolution: “Whereas the board of directors of the Associated Press has con sidered all the implications involved in the decision of the statutory court and "Whereas the board has received the advice of counsel and “Whereas the board is unanimous ly of the opinion that the decision is one which limits the usefulness of the Associated Press in the proper performance of its duties, “Be it resolved. That the case be appealed to the United States Su preme Court and that counsel be directed to proceed with such appeal without delay.” New York Publishers Praise A. P.'s Decision to Appeal ALBANY, N. Y„ Jan. 19 (A5).—Di rectors of the Associated Press were congratulated today by approxi mately 100 editors and publishers attending a convention of the New York State Publishers’ Association for deciding to appeal to the United States Supreme Court from the Federal court judgment in the Gov ernment's civil antitrust suit against the nonprofit news co-operative. The resolution was passed unani mously after a talk by Richard J. Finnegan, editor of the Chicago Times. Mr. Finnegan, who has actively urged the appeal by the Associated Press, told the editors that a fundamental security of the American way of life is involved. He said “Court decisions reaching far back into the common law safe guarded freedom of the press, which is threatened by an attempt of the Federal Government to control news gathering and distribution.” 6,000 Gestapo Agents Pour Into Copenhagen By the Associated Press. STOCKHOLM, Jan. 19.—The Free Danish Press Service said 6,000 Ger man Gestapo agents poured into Co penhagen yesterday by boat and train from Czechoslovakia and Bel gium. Danish sources in Stockholm said they believed a new wave of sabo tage led to the mass importation of the Gestapo. Nazi occupation au thorities have accused Danish po lice of falling to co-operate in combatting numerous outbreaks of sabotage._ New Fair Employment Unit Sought in House By the Associated Press. Representatives La Follette, Re publican, of Indiana and Dawson, Democrat, of Illinois yesterday in troduced identical bills to establish a permanent fair employment prac tice commission to prohibit discrim ination in employment because of race, creed or color. This commission would the existing committee wt •stablished by executive order. Half-circle shows area in which British forces of Allied 5th Army in Italy have established three bridgeheads across Gar igliano River. L. C. Wade, Arizona RAF Ace Credited With 25 Planes. Killed Small Craft Spins To Ground Behind Italian Battlefront Py the Associmted Press. ALLIED HEADQUARTERS. Al giers, Jan. 19.—Wing Comdr. Lance C. Wade, American ace of the RAF, who had the highest score of any fighter pilot in the Mediterranean theater—25 enemy planes destroyed —crashed to his death January 12 in Italy, it was announced today. The 27-year-old veteran of three years of combat flying, a native of Reklaw, Tex., and who lived in Tucson, Ariz., met death when a small communications plane he was flying spun to the ground many miles behind the front. The cause of the accident was not known. He was regarded as one of the war's greatest fighter pilots. Shortly before his death Wade was promoted from squadron leader to wing commander, which is equivalent to lieutenant colonel, and placed on the staff of Air Vice Mar shal Harry Broadhurst, commander of the Desert Air Force, which has retained that name even in Italy. Credited With Many Probables. In addition to his 25 confirmed kills, Wade had credit for many probables and damaged enemy air craft. When the American Air Force entered the desert war Wade was offered the opportunity to switch to it, with higher rank and more pay. “Thanks,” he replied, “but I’d Tito's Forces Battle Encircled German Motorized Division By the Associated Press. LONDON, Jan. 19.—Yugoslav Partisans have trapped a Ger man motorized division of 400 vehicles near Lipovac in Western Bosnia and wild fighting now Is progressing through rugged hill country against the encircled Nazis and a second division rushed to its assistance, Mar shal Josip Broz (Tito) an nounced today. The Nazi relief expedition, Tito’s broadcast communique said, broke through Partisan lines toward Jajce, Tito's former headquarters, 30 miles south of Banja Luka on the Vrbas River. Bitter fighting ensued and the issue apparently was still in doubt at the time the bulle tin was issued. Of her Yugoslavs Take Offensive. Meanwhile, units of the 3d Yugo slav Corps, suddenly taking the of fensive, were reported pushing the Germans back in the vicinity of Maglaj, Tuzla and Zvomik in East ern Bosnia. The heaviest fighting was in the Tuzla area, where the Partisans were attacking in force, Tito's bulletin said. Continued fighting against Ger mans and Chetniks in the Gacko Nevesinja area in Southern Herce govinia was reported by the Yugo slav communique. In Lika Province in Croatia the Germans were still attacking in an attempt to breach Yugoslav lines guarding liberated territory. Minor fighting was re ported from other scattered sectors of the front. Partisans Praised in Commons. War Secretary Sir James Grigg yesterday told the House of Com mons that the Yugoslav Partisans have tied down at least 125,000 Ger man troops, and said the German drive which began in Croatia late in December was “a failure.” All possible aid was being supplied to the Partisans, he added. Cairo dispatches yesterday quoted an unofficial Yugoslav source as saying Tito was wounded in the left arm during the Green Moun tain battle last June when his Par tisan forces were surrounded by seven German divisions. He was not seriously incapacitated and was able to help in the successful fight to break the encirclement and escape to lead summer, autumn and Winter campaigns against the in vaders. RESORTS. LAKE WORTH, FLA. GULF STREAM HOTEL Lake Worth, Fla. (Fatal Beach Area) Nyw boohing ter April. Write for llteratarc. POCONO MANOR, PA. __ / SKI, SKATE *nd TOBOGGAN ^ NEARBY Skiing — excellent skating — grand. Weather — dear, crisp, invigorating. Added pleasures —ski-tow toboganning on H mile date, sledding sod deli cious tempting food Mike I reservations in advance. I HO* Conneetleat Are.N.W. NA 1880 I VhjpOCONO G&M okJ HUMAN V. YfAOU, General Mnaotsr POCONO MANOR. PA. * —as—i—— LANCE C. WADE. —A. P. Wirephoto. I rather string along with the guys I’ve been with so long now.” Wade had been decorated with the British Distinguished Flying Cross and two bars. He fought with the RAF all through the Mid dle East campaign and had many an adventure in the desert. Once he was rescued after a 27-mile walk after his plane had been shot down in combat. He narrowly escaped death many times. Perhaps his closest call oc curred last November 4 in Italy. With a fellow Spitfire pilot. Basil Thornton of London, Wade was pa-: trolling forward positions for the 8th Army. They sighted an enemy formation and discovered them selves pitted against 20 Focke-Wulfe 190s and Messerschmitt 109s. Wade damaged three and Thornton de- j stroyad one. Chased by Seven Planes. Suddenly Wade found himself being chased by seven foes. He dropped into a valley and streaked along for miles before the enemy planes gave up the chase, presum ably because they had run out of ammunition. Wade and Sidney Muhart, his companion in civilian flying around Tucson, went to Canada in the first year of the war and joined the air force there. After training in Canada and some service in the “battle of Brit ain,” they were assigned to the Mid dle East in 1941. Muhart was burned fatally when attacked while flying across enemy lines to reach Tobruk in December, 1941. He bailed out and was taken to Cairo, where he died a month later. Wade continued with the RAP in the desert, first flying hurricanes and then Spitfires, and steadily adding to his record of victories over enemy planes. Eventually he was given command of his squadron, which fought across the desert with the 8th Army and later in Tunisia, Sicily and Italy. His squadron was one of the most successful and best known in the Mediterranean theater and Wade, who was quiet and unassuming, was one of the best liked flyers. He was admired by the men under him, mostly British and Canadians, and was a close friend of many corre spondents. One of his plans was to settle in the western desert of Africa a»ter the war and introduce a modern ir rigation system. Having fought over the desert for more than a year, he knew it well and, like many other desert veterans, was fond of it de spite its sandstorms, flies and other discomforts. « Starve the squander bug. Buy an extra Fourth War Loan Bond. Tenth Temblor Shakes San Juan During Prayer for Dead By the Associated Press. < BUENOS AIRES, Jan. 19.—The stricken city of San Juan last night experienced its tenth minor earth quake since a major temblor leveled virtually all its buildings, killed more than 1,500 and injured more than 3,000 persons during the week end. The new shock came Just as Presi dent Gen. Pedro Ramirez, addressing survivors and broadcasting to the nation from a square amid the ruins, called for a minute’s silence in respect for the dead. The quake cut the wires connect ing the microphone and caused some confusion, but President Ramirez was one of the first to ask for order and he then completed his address. A Chilean Army truck caravan bearing medical supplies is expected to arrive at San Juan today and Brazilian Red Cross workers also are expected to arrive by air to Join Chilean and Uruguayan doctors and nurses who are assisting Argentines at the scene. A United States offer of assistance was gratefully accepted by the Argentine government yes terday. The total number of dead and injured still is uncertain. Rescuers Dig for Living And Dead Among Ruins By STANLEY ROSS, Auociated Press Poreirn Correspondent. SAN JUAN, Argentina, Jan. 19.— A mass of rubble which once was the flourishing city of San Juan, sur rounded by luxuriant orchards and vineyards, presented a weird spec tacle last night. Squads of soldiers, who had not slept since Sunday, wearily worked by lamplight to find the bodies of residents of this Andean city, which was destroyed by an earthquake Saturday night. Survivors evacuated from the re mains of the city are living in rude shelters, railroad cars and in the open. Refugees throng the roads. Only 50 buildings were left standing land they will be demolished because they are not safe. The work of demolition was aided yesterday morning by a series of temblors which caused many walls to tumble. Outside of the city the govern ment is preparing seven temporary camps which will serve as living quarters for 11,000 persons. Inside, rescue workers labored fe verishly for fear still living persons might be entombed in the ruins of large buildings. Yesterday afternoon a doctor gazed at the body of his wife, then shot himself. A woman went insane believing her 4-year-old daughter had been killed and then did not recognize the child when she wan dered back unharmed. One old woman frantically tore at the ruins of her house convinced her baby granddaughter was still alive. She moved heavy concrete blocks she never would have budged under ordinary circumstances. She found the baby, scared but unhurt, in a small crib formed by the stones and timbers. Most of the injured have been re moved from the city. One thousand were taken to Mendoza yesterday afternoon. Vaccination of all survivors is proceeding as rapidly as possible. Chilean and Uruguayan doctors and nurses are working side by side with Argentines, performing emergency operations under the most adverse conditions and often without the aid of an anesthetic. The assistance of the Chileans was described by one Argentine official as “incal culable.” "We don’t know what we would have done without them,” he added. "They have saved dozens of Argen tine lives.” Doctors and nurses are living in railroad cars and tents, although most of them have given up their beds to the homeless and sick as they have no time to use them any way. The city is without electricity and | is dependent on neighboring towns i for water. Girl Falls Into Old Mine; Chill Only Bad Result By the Associated Press. JOPLIN, Mo.—Lenora Dick, 14, fell 70 feet Into water in an aban doned mine shaft. Firemen rescued her With a rope after her lusty cries guided searchers to the pit. A doctor called to attend her said she was suffering only from the effects of a chill. Birthday Gifts S ARROW WEMBLEY BOTANY BERKLEY NECKWEAR FREDERICK’S Mena Wear Storee GIFT 1435 H ST. N.W. BOXED 701 H ST. N.E. *< v **y . v * ? ?! THE RE'S HO PLACE A A ■ -:'i< ' a^v.o.v' . :\ ' '■*'• *„ KimtvQw mmmm ' * * <5 • V,;«f,■ », «» ,»j Ask the family who own their own— there is no place like your own hoihe! We are genuinely interested in your having a home. We are prepared to make home loans ... better prepared than most because of our 82‘ years’ experience. BEmtal Building Association Washington’t Oldttt Savings A Loan Association 600 F ST. N.W. NA. 7300 ARMY FREIGHTER FOUNDERS—The Army freighter Nevada Is shown a few minutes before she disappeared from the surface of the North Atlantic last month after battling a violent storm for five days. This picture was made from the dteck of the Coast Guard cutter Comanche, which rescued 29 members of the crew. . Army Ship Founders In 5-Day Storm; 35 of Crew Missing By the Associated Press. BOSTON, Jan. 19.—Survivors re turning to port on another vessel told yesterday of their flve-day battle with a raging North Atlantic storm which ended with the foun dering of the Army freighter Nevada and the loss of 35 men from her crew of 64. Those missing included the lost ship’s captain, George P. Turiga of Beacon, N. Y.; seven members of a Navy gun crew, three merchant marine sailors and four Army men. The vessel ran into a gale soon after leaving a North Atlantic port and in two days was leaking badly. “Gaining 6 inches per hour,” re ported the log as rewritten from memory by Capt. W. H. McKown of Boston, who sailed as first officer. “Vessel very deep forward, about 30-degree angle; unmanageable, no rudder,” Capt. McKown's log re ported of the fourth day, when the ships engine was stopped. Cargo was dumped overboard on the fifth day and four distress mes sages were sent before Capt. Turiga gave the order to abandon ship. Two lifeboats, with 32 men in each, were lowered, and the cap tain’s boat, on the windward side, capsized as it struck the water. All occupants are listed as missing. Three of those in the remaining lifeboat were lost as safety was at hand. While being picked up by the Coast Guard cutter Comanche they lost their grip on a net slung overside and slipped Into the sea*.. Add part of your bloodstream to the swelling tide of victory. Call Blood Donors, District 3300, for an appointment. Grondal, mascot of the freighter, receives attention from two coast guardsmen after his rescue. Both guardsmen wear rubber overboard suits in which they went overside in an at tempt to rescue two members of the freighter's crew. —A. P. Wirephotos from Coast Guard. Potato Stock Wasted Because freight carafooirid not be had to move them to jmao'ket, 4,400,000 pounds of pottos rotted; on the ground near Chihuahua, Mexico, recently. By Appointment to HiM. KingGeorgM^ Exceptional Overcoats From the Finest English and American Sources You owe yourself a look at these recent ar rivals. There is an unprecedented measure of Quality, Hand Tailoring and Individuality . . . the kind of Overcoat every man dreams of someday owning. Husky Irish Fleeces, hand woven Shetlands, colorful English Tweeds, and precious Cashmeres. Some with the prized labels of Burberrys, Rodex, and Ches ter Barrie . . . direct imports from England to this Establishment. $55 to $125 Women’s Man-Tailored Coats $49.50 to $72.50 LEWIS & THOS. SALTZ 1409 G STREET N.W."“ EXECUTIVE 3822 M O T C O-M M s r T C » VITO SALTS IKITINL. Liquor Probers Calll» OPA for Details of - Fight on Bootlegging-1 By the Associated Press. The Senate committee investigat ing the liquor shortage called in officials of the Office of Price Ad ministration today for an account ing of what they have done to “break up bootlegging and black markets.” “We want to find out Just how far these officials have gone in forcing down the price of blended whiskies made up mostly of neutral spirits and bearing fancy new labels,” Senator Ferguson, Repub lican, of Michigan told reporters. "We understand that some prog ress has been made in this direc tion since the committee began its hearings.” Senator Ferguson is a member of the Judiciary Subcommittee he-d?d by Chairman Van Nuys which h making the investigation. Senator Van Nuys predlc‘'d, meanwhile, that unless the Jus'ice Department acts soon to prevent further purchase of wineries by whisky interests, “control cf Cali fornia’s wine business sobn will pe- s out of the hands of the people of that State.” Senator Van Nuys told a reporter recent testimony on the acquisition of refineries by Hiram Walker. Na tional Distillers, Schenley’s and Sea gram's had been made available to the department’s Antitrust Division. “There doesn’t seem to be any need for further hearings by the committee on the wine situation.” Senator Van Nuys declared. “We’ve developed the fact that the big dis tilleries have been buying ud wineries, that they have two of the six officers of the wine institute and that wine prices have more than doubled since they entered the busi ness.” Mrs. Cromwell to Accept Service in Husband's Suit Bt the Associated Press. RENO, Nev., Jan. 19.—Doris Duke Cromwell’s attorney. William Wood bum, said last night the tobacco fortune heiress probably would ac cept service today of an order re quiring her to answer James H. R. Cromwell’s divorce charges in Eliza beth (N. J.) Chancery Court Febru ary 11. The order papers will be served by Bruce Thompson, Reno attorney representing Mr. Cromwell, former Minister to Canada. Mr. Woodbum said Mrs. Cromwell, who was granted a divorce here while Mr. Cromwell’s divorce suit was pending in New Jersey, is ex pected to arrive from Santa Bar bara (Calif.) resort this morning. Congress in Brief By the Associated Press. Senate: Continues debate on tax bill. Secretary of War Stimson testifies on national service legislation before Military Affairs Committee. Banking Committee discusses food subsidies and continuation of Com modity Credit Corp. Finance Committee attempts to work out agreement on war con tracts renegotiation law amend ments to tax bill. House: Continues debate on musterir.g out pay. Open Thura., 12 Noon to 9 / i§ m It*s Simple to figure out how much you SAVE! You take your pick of regular stock suits and i§: both the former as well as the reduced price tag is on the garment. If you want to be sure of QUALITY along with your SAVINGS— ^ M. WMM <* M. ...Ml BTK7DO ^ ^ HERZOG SUITS Every one from regular stock Group One: Reduced to_ Group Two: Reduced to_ Group Three: Reduced to_ Charge Accounts Invited . . . Use a regular 30 or 60 day charge or arrange a convenient weekly or semi-monthly account.