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Evening star. [volume] (Washington, D.C.) 1854-1972, December 22, 1947, Image 1

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Weather Forecast Guide for Readers
Sunny, highest about 44 this afternoon. To- page Page.
night fair, with lowest in city 28. suburbs 22. Amusements ...B-20 Obituarv .A-16
Tomorrow cloudy, highest about 44. (Full Comics B-18-19 Radio _B-19
report on Page A-2.) Editorial _A-14 Society, Clubs—-B-3
Midnight- 32 6 a m_30 Noon_41 Edit’ial Articles, A-15 Sports-A-21-22-23
2 a m_31 8 am_ 28 1 p.m_42 Finance _ A-25 Where to Go B-15
4 am_30 10 am. 36 2 p.m. 41 Lost and Found A-3 j Woman's Page B-14
Lote New York Morkets, Poge A-25__ _An Associoted Press Newspaper_
Anderson Lists 771 Big Traders, i
Including Pauley, Ralph K. Davies,
In Partial Report on Commodities
■ ♦
Others to Follow; j
Three Men From
District Named
The name of Ralph K. Davies,
former deputy petroleum ad
ministrator for war, appeared on
a partial list of 771 so-called big1
traders in the commodity futures
markets released today by Sec- j
retary of Agriculture Anderson.
Mr. Davies, one of the best-known
figures of New Deal Washington, re
signed his position w'ith the Gov-1
ernment on December 21, 1946. To
day's list was made up of traders
who held commodities on the fu
tures market on October 31, 1946,
October 31, 1947 or both.
None of the trading is unlawful,
but President Truman has asserted
that speculation has tended to run
up the price of commodities. Some j
exchange men dispute that.
Mr. Davies was listed under the
“speculative and spreading" column
of the list for cottonseed oil and
oats futures. He was listed as hold
ing 300.000 pounds of cottonseed oil
futures on October 31, 1947, and
200,000 bushels of oats futures on
October 31, 1946.
Three Listed From District.
Mr. Davies' name and that of
Edwin Pauley, details of whose
trading were revealed in a
Senatorial hearing last week, were
the only widely known ones of
today's list. Mr. Pauley is serving
as a special assistant to the Secre
tary of the Army Royall. His was
the only name of a government em
ploye on the list.
There were, however, names of
three who gave Washington ad
dresses. Thev W'ere: Dvke Oullum
Louis Schwartz and Ray A. Graham,
Mr. Cullum. who was identified to
newspapermen by Secretary Ander
son as representing several grain
concerns in this city, was_ listed as
holding 250,000 bushels of wheat
futures and 480,000 pounds of cot
tonseed oil futures.
Mr. Cullum is president of the
National Commodity Corp. with of
fices in the Hibbs Building. He is
out of the city, but his secretary said j
the corporation was set up in Febru
ary, 1947, for the purpose of export
ing commodities.
“With the difficulties of export,”
the secretary said, "we have been
trying to sell to the Army and to
the Government for feeding over
seas. The corporation also is in
terested in purchasing and selling
296 Engaged in Speculation.
Mr. Schwartz was listed as hold
ing 470,000 bushels of wheat in a
long position and a 515.000 bushels
in a short position, a total of 985,000
bushels. He was also listed as hold
ing 495,000 bushels of oat futures in
a long position and 355.000 bushels
of oats in a short position, a total
of 850.000 bushels. He was further
listed as holding 435,000 bushels of
corn in a long position and 310.000
bushels in a short position, a total
of 745.000 bushels.
Mr. Graham was listed as holding
42,300 bales of cotton futures in a
long position and 43,000 bales in a
short position, a total of 85,300 bales.
Secretary Anderson's list was com
posed of traders who are required
to report their holdings to the Com
modity Exchange Administration,
agency which has limited super
visory powers over the markets.
Mr. Anderson said the list in
cluded 296 persons who engaged in
speculative operations. The others
engaged in hedging, a nonspecula
tive type of operation, and in
"spreading.” a semispeculative type
of operation.
Secretary Anderson, when asked
if any Government employes may
turn up on subsequent lists to be
made public, said a number of
speculators or traders, which he es
timated at “under 100,” had listed
~ <See SPECULATION, Page A~6j~
Dancer Gels 15 Years
In Mee Yacht Slaying
By th« Associated Press
HAVANA. Dec. 22. — Patricia
fSatirai Schmidt. 22. was sentenced
today to 15 years in prison and pay
ment of a $5,000 indemnity for the
yacht slaying of John Lester Mee
of Chicago.
The three judges of the Audiencia
Court reached their decision in a
week end of study, after closing of
the trial Friday.
A public prosecutor had demanded
a 26-year term for manslaughter
and a private prosecutor hired by
Mee's father, Dr. Lester E. Mee of
Wilmette, 111., had sought a 30-year
sentence for murder.
The defense had contended that
the dancer from Toledo, Ohio, had
shot Mee in terror and by accident
last April and that rough handling,
rather than the bullet wound itself,
caused the fatality.
Pope, Suffering Cold,
Suspends Audiences
•y th* Associated Press
VATICAN CITY, Dec. 22.—Be-!
cause of a light cold and hoarseness.
Pope Pius XII today decided to sus
pend audiences, as well as his after
noon walks in the Vatican gardens,
until after Christmas. .
He continued^ however, to see
his closest associates about urgent
Vatican business.
Vatican sources said the Pope was j
taking the rest partly to conserve i
his strength for the rigors of the
Christmas season—his address to
the Cardinals, which will be broad
cast to the world, the audience for
the Holy See diplomatic corps, and
the customary visitors caipng to
^•nvey the season's greeting*. ^
First List of 'Big Traders'
Following are the names made j
public by Secretary of Agriculture
Anderson as a partial list of "big
traders" on commodities futures
Holdings of wheat futures on all
markets and futures as of October
31, 1947;
Acme Evans Co., Indianapolis, ;
750.000 bushels short, hedging; Wil- .
liam W. Adams, jr.. San Francisco,:
410.000 bushel* long, speculative;I
American Flours, Inc., Newton.
Mass., 210.000 bushels long and
320.000 bushels short, both hedging.;
Sam Anderman, Santa Monica, |
Calif., 200.000 bushels long and
200.000 bushels short, both specu
lative and spreading.
Archer-Daniels-Midland, Minne
apolis, 357.000 long and 325,000
short, hedging; Ballard and Ballard,!
Louisville, 1.290,000 bushels short,!
hedging; H. C. Bennett, Augusta,
Kans., 690.000 long and 575,000 short,;
speculative and spreading.
Paul E. Berry, Chicago. 1.210,000
long and 100,000 short, speculative
and spreading.
S. R. Bomanji. New York. 425,000
long, speculative. Bunge Elevator
Corp., Minneapolis. 486.000 long and
360.000 short. Both speculative and
spreading and 136,000 long and 35,
000 short, hedging. s
E. E. Buxton, Memphis, Tenn.,;
300.000 long and 300.000 short, specu-,
lative and spreading.
Grace E. Camps, New York. 450,000
long and 450.000 short, speculative
and spreading.
Cargill, Inc.. Minneapolis. 3.749.000
Long and 3.749,000 short, speculative
and spreading and 2,518.000 long and
8.023.000 short hedging.
Henry M. Cate, Dallas. Tex.,
605.000 long and 280.000 short, spec
ulative and spreading.
Centennial Flour Mills, Seattle,
500.000 short, hedging.
Collingwood Grain Co.. Hutchin
son. Kans., 530,000 long, hedging.
Colorado Mill Elevator Co., Den
ver. 561,000 short, hedging.
Continental Grain Co., Chicago,
2.951.000 long and 3,120.000 short,
Harry Corman, Chicago. 510,000
long and 510,000 short, speculative
and spreading.
Edwin B. Cox, Dallas. Tex.,
1.735.000 long and 150,000 short,
speculative and spreading.
Edwin L. Cox, Dallas, 200,000 long
and 200,000 short, speculative and
Walter Cox, Chicago, 495,000 long,
Crookston Milling Co.. Crookston,
Minn., 215,000 long, hedging.
Henry Crown, Chicago, 225,000
long and 150,000 short, speculative
and spreading.
Dyke Cullum, Washington, 250,000
long, speculative.
B. B. Denniston. Chicago. 290.000
long and 290,000 short, speculative
and spreading.
E. M. Dobkins, Chicago, 495.000
long and 530.000 short speculative
and spreading.
Early & Daniel Co., Cincinnati,
25.000 long and 505.000 short, hedg
B. A. Eckhart Milling Co., Chi
cago, 15,000 long and 15,000 short,
i See TRADERS' LIST, Page A-6.)
ITU Action Awaited
Alter D.C. Printers Ask
Strike Vote Sanction
Further Parleys Left Up
To Leaders; Publishers
Will Accept New Call
test of subpoenas for ITU records.
Page A-3
The AFL International Typo
graphical Union today had be
fore it a request that it sanction
i strike vote by members of the
Columbia Typographical Union
No. 101 employed by the four
Washington daily newspapers.
The request for authorization to
take a strike vote came yesterday
when members of the local union
employed by the four dailies voted.
412 to 42, for such a step. There
are about 600 employes of the four
composing rooms.
The printers met at Pythian
Temple, 1012 Ninth street N.W.
1tUnn cnn HTnfn f tUn rvmntinn
including a number of union mem
bers who are^mployed at the Gov
ernment Printing Office and at
various commercial printing con
cerns. It is presumed a number not
affected refrained from voting.
The union's action is the latest
development in efforts which began
in September to effect settlement of
a new contract. The contract ex
pired November 11. Since its ex
piration the printers have continued
to work under its provisions.
The next move on the printers
side resulting from yesterday’s vote
is up to the executive council of the
international organization, which is
headed by Woodruff Randolph. This
parent organization may authorize
the strike vote or take over negotia
tions, James J. O'Connor, president
of the local, said.
If a strike vote by the local is
authorized, a three-fourths vote
would be required.
Before the meeting representa
tives of the local met with repre
sentatives of the publishers in a
conference called by Clyde M. Mills
and James A. Holden of the Fed
eral Mediation, and Conciliation
Service. (
Union representatives said an
other meeting with the conciliators
presumably would be a matter for
the international union to decide as
a result of yesterday's vote. A
spokesman for the publishers agreed
to further meetings at the call of
the conciliators. '
Constitution Approved
ROME </P>.—A constitution
for tj»e Italian republic was
approved tonight by a 453-62
vote in the Constituent Assem
bly, which spent 17 months
draw ng up>the charter.
Are Saying of Us
The Moscow radio, broadcasting in
Japanese to Japan, said:
“With the help of the Japanese
Zaibatsu and militarists, the
Americans have transformed
Japan into a polony and a mili
tary base of the United States.
Because of this, the United
States adheres to its unilateral
policy regarding the Japanese
peace treaty. The American
imperialists and the Japanese
reactionaries therefore, have
started to slander the Soviet
“In order to regain their
power, the Japanese reaction
aries, with the support of the
American imperialists, are turn
ing Japan into a colony of the
United States, and are whole
heartedly supporting American
unilateral policy.’’ p
'Large-Scale' Clash
Between Jews and
Arabs Is Reported
New Battle at Yazur
Believed Launched
By Hagana Units
ly th« Associated Pros*
JERUSALEM, Dec. 22.—Reli
able private sources said today
that “large-scale” Arab-Jewish
fighting had broken out this
morning at Yazur, scene of
clashes yesterday which brought
to 300 the unofficial count of
deaths since the United Nations
decided to partition the Holy
The sources said the fighting to
day broke out when sizeable Jewish
forces—presumably units of Hagana
—attacked Arab bands in reprisal
for recent Arab attacks on Jewish1
truck convoys. Yazur is on the
main highway between Jerusalem
and Tel Aviv.
There were no immediate reports
on casualties at Yazur. but a check
up of scattered disorders throughout,
the Holy Land yesterday showed
that 10 more persons had been
added to the toll of dead. j
One of those slain yesterday was'
a 35-year-old British Jew, Robert
Stern, an employe of the Palestine
government’s Public Information
Bureau, who was shot to death in
Jerusalem 100 yards from his office.
A former newspaperman, he once
worked for the Manchester Guar
dian and as an assistant correspond
ent for the Chicago Tribune in
The wounded included a British
lieutenant and a sergeant major,
who were shot down in the center
of Jerusalem by four unidentified
youths. A British Army wireless
operator also was wounded when an
Arab band attacked two armored
cars with machine guns near Tul
The sharpest clash between Jews
and Arabs yesterday was reported
in the town of Safad in Upper
Galilee, where one Arab was killed
and three Arabs. and two Jews
wounded in the third straight day
of fighting.
The town, which has a mixed
population of Arabs and Jews, was
placed under a curfew until further
Oil Truck Set Afire.
Two Jews were stabbed to death
near Yazur when the oil truck in
which they were riding was stopped,
and set afire by a number of men
officially described as Arabs. j
An Arab later was slain near
Yazur in a gunfight between Arab
bands and a Jewish truck convoy.
Three Arabs and five Jewish settle
ment policemen were wounded.
Northwest of Jerusalem three oc
cupants of an Arab bus were slain
when 15 or 20 men wearing the uni
forms of Palestine police force con-;
stables riddled the machine with;
gunfire. |
One Arab w’as killed in Haifa
and another was slain in shooting
along the Jafla-Tel Aviv border
land. <
Jewish sources said the fighting
in Safad broke out when Arab
snipers fired on a Jewish observa
tion post near the town hospital.
An Arab band fought a pitched
battle with a Jewish truck convoy
in the same area Saturday night'
after Jewish fighters had attacked
the border village of Khlsas the1
previous day, killing 10 Arabs.
The week-end bloodshed brought
to 420 the unofficial tabulation of
fatalities throughout the Middle
East since the U. N. decision to
partition Palestine touched off the
communal strife. ^
23 S.S. Officers
Doomed to Die
By Polish Court
Top-Ranking Nazis
Sentenced for Crimes
At Oswiecim Camp
ly the Associated Pros*
KRAKOW, Poland, Dec. 22 —
Krakow's supreme national tri
bunal today sentenced 23 top
ranking German SS (Elite
Guard) officers to die for crimes
against humanity committed
while they were attached to the
notorious Auschwitz (Oswiecim)
extermination camp.
Five other defendants were sen
tenced to life imprisonment, six
were given 15-year terms, two were
sentenced to 10 years and three
to five year. One defendant—Dr.
Hans Munch of Munich—was ac
quitted. One woman received a
death sentence and three others,
prison terms.
Heading the list of those sentenced
to death was Artur Liebhenschel, j
46, who succeeded Rudolf Hoess.i
one-time commandant of the camp
who was executed last April.
Death sentences were also given to
Assistant Camp Commandant Max
Grabner, 42: Hans Aumeier, 41; I
Johan Kremer, 64, and Maria Man
del, 35. Kremer was convicted of1
putting thousands of war captives to;
death by psuedo-medical experi
ments. Miss Mandel, described as a
ruthless sadist, was accused of per
sonally killing 10.000 women.
The trial was held in an impro
vised court room in the National
Museum before a nine-judge su
preme* tribunal.
The prosecution had estimated
that 4.500,000 persons died from star
vation, torturing, hanging and in
the gas chambers at Auschwitz, 50
miles west of Krakow, during the
Nuernberg Court Gives
Frick 7-Year Sentence
By th« Aisec>ot*d Br*i»
NUERNBERG. Dec. 22.—Fried -
erich Flick, 64, head of Ger
many’s largest privately owned
coal, iron and steel empire, was
sentenced to seven years’ impris
onment by an American military
tribunal today for exploiting
slave labor and looting German
occupied countries.
The two and one-half years which
Flick already has spent in confine
ment will be deducted from his sen
Otto Steinbrinck, Flick's principal
associate, was sentenced to five years
in prison, and Flick’s nephew, Bern
hard Weiss, was sentenced to serve
two and one-half years.
Three other Flick associates who
were defendants in the six-months
trial were acquitted on all counts.
Steinbrinck was found guilty of!
membership in the S. S. and of sup
porting that organization's criminal
activities, but was acquitted on the
other major counts.
W^iss was found guilty of exploit
ing and mistreating slave labo
Both prosecution and defense at-j
torneys expected the verdict against
Flick to bear considerable weight in
connection with the trials of
officials of the I. G. Farben chem
ical trust and the Krupp armament
works which are now in progress.
The court—consisting of Charles
B. Sears of the Court of Appeals
of N#e York as president judge
and Judges Frank N. Richman ofj
Indiana and William C. Christian-1
son of Minnesota—dismissed the
(See KRAKOW, Page A-5J
Sunny Sky, Moderate Cold
Greet First Day of Winter
Sunny skies belied the calendar
loday as the winter solstice arrived
officially at 11:43 a.m. The temper
ature, however, was more in keeping
with the season.
Today the sun halted its south
ward journey and, in the, language
of the ancient astronomers, "stood
still" over the tropic of capricorn
for a moment before beginning its
six-month return to the Northern:
Dawn came at 7:24 a.m., and sun
set, was due at 4:49 p.m. From now
on, the daylight period will
Weather Bureau observers pre
dicted another sunny day with tem
peratures in the 40s. dipping to the
high 20s' tonight. It will be
moderately cold tomorrow.
There still was little prospect of
snow by Christmas. The only storm,
headed in this general direction was:
expected to pass through Northern
Ohio and Pennsylvania, missing the'
District. :
Yesterday’s mercury readings
ranged from a low of 24 at 6:14 am.’
to a high of 44 at 12:52 p.m.
Egyptian Senators Give
Pay in Partition Fight
•y the Associated Press
CAIRO, Dec. 22.—Mohamed Hus
sein Heykal Pasha, president of the
Egyptian Senate, announced today
the Senators had voted to subscribe
a. minimum of three months’ salary
toward the fight against partition
jf Palestine.
The 147 Senators each draw £40
(6167) monthly. j
---- ^
Searchers Find Two Bodies
In Empire Apartment Ruins
Workmen Told to Remove Collapse Victims
Without Regard to Safety Rules
(Pictures on Page B-l.)
Two bodies were found today
by workmen digging into the
ruins of the Empire Apartments,
bringing to three the certain
death toll in last Tuesday's col
lapse of the building at New York
avenue and Ninth street N.W.
Identity of the bodies was not im
mediately determined. Workmen
were told by Deputy Coroner Chris
topher J. Murphy to remove the
bodies without regard for safety re
quirements. '
The foot and leg of one body was
protruding from wreckage at the
second story level, about 35 feet
from the corner of the building
on the New York avenue side. The
shoeless foot appeared to be that
of a man.
About 10 feet away was the second
body, with only the legs exposed.
Three persons have been missing
since the seven-story building caved
in, killing a man identified as (
George Patterson, 70. They are Mrs. •
X. B. VanSickler, 78: Ernest Dorsey,
44, and Joseph M. Smith, about 65, *
all residents of the 37-apartment *
building. ; t
Shortly before the bodies were {
discovered at about 11:45 a.m. I
Engineer Commissioner Gordon R. j
Young met with an investigating
board at the District building. He s
told the five members to ascertain ’]
cause and fix responsibility for the f
tragedy so as to obviate any "claims {
(See-COLLAPSE, Page A-5.) | j
Husband Held in Death
Of Wife, 24, Attributed
fo Lipstick Argument
Sister's Kiss on Cheek
Led to Scuffle With
Gun, Prisoner Says
George A. Austin today was
held for the grand jury in the
fatal shooting of his wife, Mrs.
Virginia A. Austin, 24-year-old
3tate Department clerk, after a
;oroner’s jury deliberated less
than 15 minutes.
The shooting occurred shortly
after midnight Saturday in the
Austin " partment at 1340 Seventh
street N.W. Mrs. Austin’s body was
found slumped in a chair and two
Dullets from a .4.5-caliber pistol were
imbedded in woodwork in the room.
Austin, 25, a»truck driver for the
3owan Transfer Co. did not take
the stand at the inquest. Earlier,
ae told »“ c the pistol went off
..o and his wife were scuffling
luring an argument over lipstick on
tais cheek.
Police reported that the shooting
was not revealed to them, until
nearly three hours after it occurred.
Telephone Call Recounted.
Policeman Nelson G. Thayer of
the second precinct testified at the
inquest that a man called him at
2:35 a.m. Sunday and asked him
to send a scout car to settle an
argument he was having whth his
The policeman' said police did not
send scout cars for that purpose.
It was then, Pvt. Thayer testified,!
that the man said he thought his
wife may have been shot.
Pvt. Thayer said the man told him
he was calling from 29 Rhode Island
avenue N:W„ the home of Mrs.
Elizabeth Grattan, Austin’s sister.
Robert Edward Lee, Capital Tran
sit Co. bus driver who lives at the
Rhode Island avenue address, said
Austin came to Mrs. Grattan’s home
about 8 o’clock Saturday night and
asked him to clean a pistol, which
be was carrying in a paper sack.
Snr* Wmimmi Wax Unloaded.
Under questioning, Mp. Lee said
ie wasn't certain whether a clip
'or ammunition was in the pistol,
jut he was sure the pistol was un
Mr. Lee said he and Nfrs. Grattan
eft Mrs. Grattan’s home in a tax
cab about midnight and dropped
\ustin at his apartment.
When they returned to Mrs. Grat
;an’s home after eating dinner at |
» restaurant, Mr. Lee added, they
tound Austin waiting for them.
Mrs. Grattan testified that she
saw the pistol lying on a coffee
sable, but she did not remember
my one carrying a package when
she three got into a taxicab.
Found Austin Weeping.
She said that when she found
Austin on her return to her home
ie was “nervous and crying.” He
said he and his wife had had an
argument, she testified, and asked
her to call police.
Under questioning, she said she
lid not remember exactly what her
brother had told her, but that she;
lid recall he said he and his wife;
were wrestling with a pistol and “I;
lidn't ask him any more.”
The mother of the dead woman,
Mrs. Avalon Beasley of Reedville,
Va.. and a sister-in-law, Mrs. Russell
(See SHOOTING, Page ^6.)
District Heads to Study
Co-ordinatar Plan to
Meet Fuel Shortage
Tobey Letter Asks Action; J
Standard Official Lists
Outlook for Winter
The possibility of appointing i
an emergency fuel co-ordinator ’
will be studied by the District :
Commissioners at .their board '
meeting tomorrow in view of es- s
timates that the Eastern Sea- ,
board faces a 15 per cent fuel oil j
shortage between now and c
March. 1
Scheduled to meet with the Com- |
nissioners are J. Thomas Kennedy, 1
superintendent of weights and *
measures, and Roland Brennan, s
District purchasing officer.
The decision to go further into 1
the fuel situation here followed;
receipt of a letter by the Commis- '
doners today from the Senate Inter- \ c
state Commerce Subcommittee in 1
which Chairman Tobey pointed I
3Ut the “desirability” of appointing 1
a fuel co-ordinator. The letter, t
signed by Clerk Edward Jarrett, ^
was accompanied by a report to c
Senator Tobey from M. J. Rath- (
oone, president of the Standard Oil! *
Co. of New Jersey, i
Kennedy Failed to Find Shortage.
Mr. Kennedy said he made an in-!
vestigation of the gasoline and heat
ing fuel situation here last week and
found no shortage. City officials,
however, said the possibility of a t
fuel shortage exists, as it does every ‘
winter, and the commissioners wish ;
to be prepared.
The 10-point Rathbone report, ,
summarized, contains the following _
conclusions: .
There will be a 15 per cent gap i
between supply and demand for t
distillate fuels from December :
through March despite increased I
supply. In heavy residual fuels, the i
deficit is 10 per cent.
The deficit can be wiped out with <
tho pn.nnpratinn nf nilhlic. industry (
and Government agencies. ' ' s
The deficit in heavy residual oils
will be harder to make up than t
other fuel types. 1
Consumer co-operation is the *
most important factor in reducing ]
consumption of fuel oil. Industry >
and government must ouline the
situation to consumers to save fuel.1
The oil industry must adjust re- (
finery yields to maximize distillate >
oil yields at the expense of gasoline .
for the next two or three months. |
The Maritime Commission should
expedite release of idle tankers.
Increased Production Urged. j,
Increased crude oil production in c
the Gulf States is. essential to fill t
the idle refining capacity of plants. ]
The United States Government t
should limit oil requirements for i
the first quarter of 1948 to a mini- (
fium and attain desired stock levels
later. It should release for civilian 1
use any stocks which can be released i
without hampering essential or mill- t
tary operations this winter. c
The Commerce Department should t
make sure only minimum export
requirements are met in the next (
two or three months. ;
While it is believed the supply- <
and-demand situation can be bal-1 (
anced on distillate fuels by these jc
measured, it will be a close bal-|
(See OIL, Page ^.-5.) 11
Browne Pupil's Suit
:or Eliot Admission
)ismissed by Court
School Board Acting
Within Its Powers of .
Discretion, Judge Says
The suit of Marguerite Daisy
larr, 13-year-old colored Browne
unior High School pupil for ad
mission to the white Eliot Junior
ligh School—generally regarded
is a test of the segregated school
ystem here—was dismissed in
Jistrict Court today by Justice
Llexander Holtzoff.
The jurist granted a request for a
ummary judgment in favor of the'
ioard of Education and the school
uperintendent for dismissal of the
ase. The hearing was on motions
or summary judgment filed by both
,ldes. i
Attorney Leon A. Hansom, who
•epresented the student, said he
vould file an appeal within a few
lays. The suit was filed in the
tirl's behalf by her father. James C.
Jarr, sr„ of 4233 Clay street N.E.
Before the hearing had been under
vay a half hour. Justice Holtzoff
fated that in his judgment segre
tation was not a question in the
:ase. He added that the question
vas to give the child an equal edu
Board Has Powder of Discretion.
Justice Holtzoff cited the Con
gressional Organization Act of 1906
vhich says ‘.‘the Board of Education
ihall determine all questions of gen
:ral policy relating to schools."
He said the court had no author
ty to review administartive discre
ion and that the courts could inter
ere only in case the administrative;
flicer was exceeding his legal
uthority or was acting arbitrarily.
“I am unable to. find in this case
hat the Board of Education and
he superintendent have violated
ny statutory authority or exceeded
he power granted by Congress or
cted arbitrarily,” he stated.
Concerning the question of
’hether Congress had authorized
olored and white schools for the
Jistrict, either specifically or im
bed. was not “open for this court
3 determine," Justice Holtzoff con
inued. He said the District Court
f Appeals had ruled in previous
ases that such statutes were in
ffect and that he was bound by
heir decision.
Board Efforts Detailed.
Mr. Ransom argued that segre
;ated schools were not specifically
irovided for in the 1906 act and
hat the implication was not there.
The case for the Board of Edu
ction and Dr. Hobart M. Corning,
chool superintendent, was present
'd by Assistant Corporation Counsel
Hilton D. Korman.
He presented facts to show that
he part time instruction at Browne
lunior High School, which the
tudent was seeking to escape by
nrolling at Eliot, was not confined
o the colored schools. He also pre
cnted facts showing the efforts of
he Board of Education to con
truct new schools for colored pupils
-efforts which had been stopped
luring World War IX and had been
lelayed since then by .risirflg con
duction costs.
Mr. Ransom's contention was that
he student was not getting a
iroper education at Browne and
hould be allowed to enter Eliot
diere a number of vacancies ex
ited. In commencing on this, Jus
(See SEGREGATION. Page A~-5.>' j
»EC Commissioner Loses
.eft Eye in Aulo Crash
By the Associoted Press
ifflcial of the Securities and Ex
hange Commission disclosed today
hat Commissioner Richard B. Me- |
In tire is in Reed Memorial Hospital
t Richmond, Ind., recovering from
njuries which- resulted in the loss
'f bis left eye.
Mr. McEntire, en route to his
tome in Topeka, Kan*., for Christ
mas, was injured Saturday night on
he outskirts ’ of Richmond in aj
ollision between his car and a
The SEC Official said Louis E.
ilevenger, an attorney for the
gency, was driving Mr. McEntire's
ar. Mr. Clevenger was stopped at;
traffic light when the collision
Neither Mr. eleven* nor his wife i
?as injured. ^ I
Senators Seek
Marshall Plan
Views of Nation
Committee to Call
Prominent Citizens,
Chart Own Course
By the Associated Press
The Senate Foreign Relations
Committee is planning to ask
prominent Americans from all
walks of life for their opinions
of the four-year, $17,000,000,000
Marshall plan for European re
Minority Leader Barkley, a com
mittee member, told reporters this
today. He said Secretary of State
Marshall probably will be the first
witness when the committee begins
hearings January 7. But before
hearings are concluded, he said,
scores of others will be heard.
Chairman Vandenberg said no *
list of prospective witnesses has
been compiled, but that he wants
to obtain "a cross-section” of
Ampriran views hrfnre the rnmmit.
tee acts.
Already signs are cropping up
that Congress will take a long time
and write its own European recov
ery plan, rather than accepting the
one President Tfuman submitted.
And indications are that it will be
nowhere near as big as $17,000,
Vandenberg Waits for Evidence.
Senator Vandenberg told report
ers he will have no statement on
his views on the President's pro
posal until after he hears the evi
dence laid before his committee.
He already has said that he favors
the principle of such an aid pro
gram. but has declined to discuss
details other than to observe that
he thinks it ought to be admin
istered by an independent agency
linked only at the policy level with
the State Department.
The chairman insisted at a meet
ng of the Foreign Relations Com
nittee last week that all hearings
je held in public. Under such a
jlan, Gen. Marshall, as well as
ither Government witnesses, will
>e called upon to answer questions
rut in open hearings.
Members of the Harriman com
nittee which drafted a report as
saying Europe's needs in relation
o American resources are expected
to be called. Witnesses probably
«ill include Bernard M. Baruch,
adviser to Presidents; James F,
Byrnes, former Secretary of State;
William L. Clayton, former Under
secretary of State, and possibly
former President Hoover.
Martin Gives Hint.
Speaker Martin gave the tip on
what will happen when Congress
tackles the long-range program. Be*
fore heading home for the holidays,
the Speaker told reporters:
"There is sentiment for a Repub- \
lican program and there is strong
support for the Herter proposal.”
The "Herter proposal” is a bill
drafted as the result of a tour of
Europe last fall by a special House
committee headed by Representative
Wprfpr nf .^arhnspfTt. Ipbvp*
amount of aid blank. Republican
leaders are nearly unanimous in say
iiig the blank will be filled in for far
less than the $17,000,000,000 Presi
dent Truman asked.
In a message to Congress Friday,
the President asked that the spend
ing of that sum be authorized for
four and a quarter years beginning
April 1. He asked for $6,800,000,000
for the first 15 months, up to the
middle of 1949.
The main point on which the
Herter bill and the administration
plan conflict is that of managing
;he program.
The Herter plan calls for a bi
partisan board of eight members,
pne of whom would be the chair
man, operating as a new govern
mental agency. The bill Mr. Tru
man forwarded to Congress con
templates putting the program uh
der the centralized direction of a
single administrator with broad
Lean Toward Herter Bill.
Even before they got a look at
the administration’s plan, House
leaders made it plain they favored
a Republican program and leaned
toward the Herter bill.
To give it a head start, the
House Foreign Affairs Committee
began hearings on it last week
and plans to continue them in
January. Chairman Eaton an
nounced the hearings were begun
at the request of House Republican
"I’ll lay you a small amount,”
Representative Nixon, Republican,
of California told a reporter, “that
what finally passes will be much
closer to the Herter plan than to
the Marshall plan. *
"In international political matters
the State Department is paramount,
but in economic matters it is lost.”
Mr. Nixon is a member of the
Herter committee.
While Senator White of Maine,
Republican floor leader, has said he
(See FOREIGN AID, Page A-6.)"
President Calls
On Feller, New
White House Pup
Feller, a five-week-old silver buff
cocker spaniel, received a call from
President Truman this morning.
Mr. Truman interrupted a busy
morning routine to stop by the
White House office of his .physician.
Brig. Gen. Wallace Graham, to see
the newest member of the official
The dog, a gift from Mrs. Peter
Joseph Marsden, of Galena. 111., who
once was a nurse to the President's
mother, is the personal charge of
Gen. Graham.
Feller is stepping into the paw*
prints of President Franklin D.
Roosevelt's famous Fala as the Na*
tion s "top dog."
A White House car was waiting
at the National Airport to pick up
the presidential puppy when he was
unloaded from an American Airlines
plane about 2 a.m. Sunday morning.
He made the trip from Chicago as
air freight aboard an airliner piloted
by Capt. C. C. Mitchell of Chicago.

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