Newspaper Page Text
Some cloudiness but mostly sunny today, highest about 38. Fair tonight with lowest about 32. Tomorrow cloudy and mild. (Full report on Page A-2.) Midnight--30 15 a.m-33 11 a.m_34 2 a.m_33 8 a.m.33 Noon_34 4 a.m_33 10 a.m_34 1 pjn.34 Late New York Markets, Page A-21. Guide for Readers Page. Amusements_B-20 Comics_B-18-19 Editorial _A-12 Editorial Articles A-13 Finance .A-21 Lost and Found A-3 Page. Obituary _A-14 Radio . B-19 Society, Clubs --B-3 Sports _..A-18-19 Where to Go_B-6 Womans Page.-B-12 An Associated Press Newspaper 96th Year. No. 355. Phone ST. 5000 ** WASHINGTON, D. C., MONDAY, DECEMBER 20, 1948—FORTY-TWO PAGES. City Home Delivery. Daily and Sunday. $1.20 a Month. When 6 B? /■VJJivrrTVQ Sundays. #1.30. Nitht Final Edition. $1.30 and $1.40 per Month -L O High Court Rules It Is Powerless In Jap Cases Decides, 6 to 1, It Can't Review Decisions of International Tribunal By the Associated Press The Supreme Court today re fused to interfere with the In ternational Military Tribunal which condemned former Pre mier Tojo and six other Japanese war lords to death. The court, by a vote of 6 to 1, de cided it had no authority over the 11-nation tribunal. With this decision the Supreme Court turned down requests by con victed Japanese wartime officials that it: 1. Consider their appeals. 2. Declare the international tri bunal illegal. 3 Order their immediate release. The refusal presumably seals the doom of Tojo and the six others who were sentenced to die on the gallows. Gen. MacArthur confirmed their sentences, but stayed the exe cutions until the Supreme Court acted. > Justice Murphy Dissents. Justice Murphy dissented from the court's decision but wrote no opinion. Justice Rutledge reserved decision at this time and said that announce ment of his vote would be made later on. Justice Jackson took no part in the final vote. The other six members of the high court—Chief Justice Vin.-on and Justices Black. Reed. Frank furter. Douglas and Burton—said in a brief, unsigned opinion: “WTe are satisfied that the tribunal sentencing these petitioners is not a tribunal of the United States. “The United States and other Allied countries conquered and now occupy and control Japan. Gen. Douglas MacArthur has been se lected and is acting as the supreme commander for the Allied powers. The military tribunal sentencing these petitioners (the Japanese) has been set up by Gen. MacArthur as the agent of the Allied powers. No Authority to Review. "TTwder the foregoing circum stances the courts of the United States have no power or authority to review, to affirm, set aside or an nul the judgments and sentences imposed on these petitioners, and for this reason the motions for leave to file petitions for writ for habeas corpus are denied.” The opinion, called technically a “per curiam” opinion, presumably was written by Chief Justice Vinson. The Chief Justice ordinarily writes such opinions. The court agreed two weeks agr> to grant a hearing on petition of two of the convicted Japanese—Gen. Kenji Doihara and Koki Hirota, former piemier of Japan. At that time the court split 4-to-4 and Jus tice Jackson cast the deciding vote, saying important issues were at stake and the court should rule on the question. Arguments were heard last week with Solicitor General Philip B. Pearlman. representing the Gov ernment. arguing that the court had no jurisdiction over the internation al tribunal. Marzani Trial Upheld By High Court, 4-4 The Supreme Court today, by a 4-to-4 decision, upheld the convic tion of Carl Aldo Marzani. 35-year old former State Department em ploye charged with lying about con nection with communism. Justice Douglas took no part in the case. The usual printed decision was lacking, the court merely an nouncing through a typewritten list of decisions published ori the bulle tin board that it had affirmed the conviction by an “equally divided court." ’ ; By its action, the court ruled that Marzani had lied as accused at his | trial, to a superior in the State De partment about membership in the1 Communist Party and using the alias of "Tony Whales." The Gov ernment contended Marzani op-; era ted as a Communist organizer ini New York in 1941 and 1942. The Court of Appeals struck out i nine counts of the indictment; against Marzani as being outlawed by the statute of limitations. Mar zani, through his lawyers, told the1 Supreme Court that the evidence put before the District Court jury, involving the nine stricken counts’, prejudiced him. He contended also that he was under no obligation to make any statement at all on his Communist connections. The court acted quickly in the case, inasmuch as oral arguments were heard only the week before last. Marzani was convicted on May 22, 1947, and got a l-to-3-year sentence. Truman Off Wednesday For Holidays in Missouri President Truman will leave here Wednesday to spend the holidays with hU family in Independence, Mo., it was announced at the White House today. Taking off from National Airport at 10 a.m. in his plane, the Independ ence, the President will arrive in Kansas City early in the afternoon. He expects to return to the Capital on December 29. Mr. Truman will be accompanied by Secretaries Mathew J. Connelly and Charles G. Ross. Mrs. Truman and Miss Margaret already are in Independence. Late this afternoon, the President Is holding the annual reception for members of the White House staff. Railroad Executive Dies CHICAGO, Dec. 20 UP).—Thomas Alex Graham, 54, general auditor for the Chicago, Rock Island & Pacific Railroad, died of an ap Sarent heart attack in his home ere last night. 1 m Battle Rages Around Tientsin; Premier Bans Any Surrender New Chinese Cabinet Formed, Possibility Of Red Compromise Not Ruled Out By th« Aisociated Pr«s NANKING, Dec. 20.—Heavy fighting was reported today on the flatlands around Tientsin, teeming metropolis of North China. At the same time Premier Sun Fo announced formation of a new cab inet pledged to fight on until an honorable peace could be obtained. Although he called it a “no sur render” cabinet, he did not rule out the possibility of a compromise with the Communists. Mr. Sun said the cabinet selections would be presented to President Chiang Kai-shek tonight and prob ably would be announced tomorrow. At a news conference, Mr. Sun I said: "I-can assure you we will not sur render outright to the Communists.” He added that such a surrender ; would mean that “China would be come a second Poland or Czechoslo vakia." Asked if his cabinet might com ] promise with the Communists, he replied: “It takes two sides to compromise. This cabinet is not a cabinet of surrender.’’ Red forces have severed rail and telegraph communications between Tientsin and its port city of Tangku, 27 miles down the Hwai River, pro government newspapers said. The stepped-up North China fighting left both Tientsin and ancient Pieping, 90 miles northwest of Tientsin, isolated. The Tientsin airport, 10 miles from town, was under Communist artillery fire. Ships, the newspapers said, were not permitted to leave Tangku, although the town itself still was in National hands. At least two divisions of national troops were said to be trying to re take Peiping's south airport, which the Communists had wrested from government forces. Spencer Moosa, Associated Press correspondent in Peiping, said a i See CHINA, Page A^4.i Britain Presents Plan To Get Out of Red by 1953 With ERP Aid White Paper Calls for Continued Austerity and Big Production Drive By the Associated Press LONDON, Dec. 20.—Britaii>an nounced today a four-year plan to muster all her men, money and materials to get the nation out of the red by 1953. The aim is to make Britain self supporting by the time the Amer ican-financed European Recovery Plan comes to an end. The plan, set forth in a white paper', calls for continued austerity and self denial, and a massive pro duction effort. Officials called it “a signpost for the future.” The plan assumes that Britain will continue to receive American help under ERP until mid-1952. Dollar Needs Reduced. It estimates Britain's dollar needs under ERP next year at $940,000, 000, compared with $1,263,000,000 in 1948-49. Without American help, the plan ners said, "recovery would be grave ly hampered and there would be a real risk of the whole economy being caught in a descending spiral.” The ambitious program calls for doubling production of oil from British-owned fields, raising the out put of coal 25 per cent and building domestic agriculture to an all-time high level. Such efforts wil be aimed at build ing up a 100,000.000-pound ($400, 000 000) surplus of foreign exchange by 1952-53. Last year Britain had a 630,000,000-pound ($2,520,000) defi cit. Success of the plan, the govern ment said, “will depend on full co operation with other countries in Western Europe and the Common wealth.” French Criticize Restrictions. It has been under study by the Organization for European Eco jnomic Co-operation in Paris for the last two months as Britain's contri bution to an over-all plan for the 19 ERP nations. The French have criticized the belt-tightening in the British plan because, they say, it closes United Kingdom markets to a wide range of luxury goods such as wines and fine textiles, produced in Western Europe. The dispute has delayed comple tion of the 19-nation program that was due to be submitted to ERP officials in Washington last month. Success of the effort to restore Britain’s credits abroad, the white paper said, will depend on foreign markets for British made goods. "The balance envisaged is a pre carious one, depending very largely on factors outside our control—es pecially on the readiness of the United States to buy manufactures, petroleum and raw materials from the sterling area,'’ the planners declared They promised "a slight improve ment in the standard of living, but made it contingent on greatly ex panded home production, particu-! larly in agriculture. "The productive efforts that the United Kingdom intends to make are on a huge scale, and apply to every sector of productive indus try,” the white paper said. Victor /sfcLaglen to Wed RENO, Nev., Dec. 20 (JP).—Actor Victor McLaglen said he and Mrs. Margaret Pumphrey, formerly of Seattle, would be married here to day. The couple came here Saturday from Hollywood. It will be Mr. McLaglen's third marriage, Mrs. Pumphrey's second. Indonesian Republic Asks U. 5. to Support Struggle With Dutch Official Also Requests halting of Aid to Holland Under Marshall Plan NETHERLANDS TELLS U. N. Coun cil That Intervention in Indonesia Would Be Useless. Page A-4 By Garnett D. Horner The Indonesian Republic today asked the United States for “po litical and economic support” in its struggle with the Dutch. Dr. Soemitro Djojohaaikoesoemo. ranking Indonesian representative in this country now, said he made the "formal request” in a 45-minute conference with Acting Secretary' of State Lovett. Dr. Soemitro told reporters he also asked that the United States: 1. "Take into serious considera tion” shutting off Marshall Plan aid to Holland. 2. Give full assistance In lifting the two-year Dutch blockade of the Indonesian Republic. Believed Surprise to IT. S. He said Mr. Lovett expressed ' great and grave concern” over the renewal of fighting in Indonesia. The Dutch attack on the republic apparently “came as a complete surprise to the State Department, Dr. Soemitro said. American concern over the situa tion was indicated by two other conferences on Mr. Lovett’s schedule today. Australian Ambassador Nor- | man J. O. Makiri saw Mr. Lovett immediately after the Indonesian representativve left his office. Sir Benegai Rama Rau, Indian Ambas sador. had an appointment with Mr. Lovett later in the day. Dr. Soemi tro said those conferences also con cern the Indonesian situation. Am bassador Makin told reporters he had discussed the matter with Mr. Lovett but he declined to elaborate. The State Department refused any comment on Mr. Lovett's con | ferences today or this Government's attitude toward the turn of events in Indonesia. Lincoln White, de partment press officer, said the United States’ position will be stated in the United Nations Security Council. Republic Will Go On. Charging that the Dutch attacked without warning while "we still w'ere in a stage of negotiations.” Dr. Soemitro said the attack will not bring the professed Dutch aim of :restoroing law and Order. Despite the capture of its top lead ers. Dr. Soemitro said, the Indo nesian republic government will continue functioning. He said the young republic«vas "all set” for pro tracted guerrilla warfare, and that arrangements had been made for outside assistance to strengthen the fight “in all respects.” “You are witnessing now only the beginning of a whole chain of fate ful events,” the Indonesian repre sentative emphasized. He said the Indonesian govern-1 ment would continue to do its best to check Communists in the coun-! try, but told reporters he feared the renewed fighting “will gravely in crease the danger of Communism.’! Dr. Soemitro is the Indonesian trade and finance representative to the United Nations, with headquar- j ters in New York. He came to Washington by train last night for his conference with Mr. Lovett to day and said he was returning to New' York this afternoon. Star to Seek Divorce EL PASO, Tex., Dec. 20 UP).— Screen Star Merle Oberon has made a date for January 1 to appear in court at Juarez, Mexico, j to seek a divorce from Lucien Ballard, comeraman, Attorney Wil liam A. Cocke said. Bringing Own Chair to Parade Banned by Barrett Proposal i NEW PROTESTS Planned on Re jection of D. C. Suffrage Float. Page B-l 28 STATES Send Word on Plans for Participation in Inaugural. Page B-l You can't bring your own chair— or even an orange crate—to the inaugural parade under rules drafted by Police Supt. Robert J. Barrett and turned over by the Commis sioners today to Corporation Counsel Vernon E. West for study. A long list of do's and donts for jbids the throwing of confetti (in cluding tom-up telephone books), carrying an imitation revolver or i using "ticklers or any other device i capable of use for the annoyarme of any other person.” The chair regulation bans the sale, giving away or use*of boxes,I A barrels, tables, ladders, chairs or anything else that could be used as a seat. Of course, a seat could be bought in the official stands. Violators would be fined up to $100. or if they can’t pay be sent to the District workhouse for up to 60 days. Maj. Barrett's proposed regula tions also require persons renting rooms to transients during the fes tivities to register with the Inaug ural Committee. Persons renting space in buildings along the parade route must keep a register of who uses the space and report any sus picious persons or actions. The plan also includes a general parking ban in a large part of the downtown area during the 24 hours of January 20 as well as the clos ing of streets necessary to the pa-, rade. Dutch Press On In Indonesia as Capital Is Taken Republic's Oil Center Also Near Capture; Casualties Light By the Associated Press BATAVIA, Java, Dec. 20.— Dutch forces, clamping a nut cracker operation on the fledg ling Indonesian Republic, raced unchecked through Central Java today after taking the capital. Tjepoe, the republic’s only oil center, seemed about to fall. Dutch paratroopers and airborne troops seized the capital, Jogja karta, in lightning moves yesterday. They interned the top leaders of ■the Republic, including the Presi dent, the Premier and the Repub lican army commander. Netherlands Marines who landed on the north coast of East Java early yesterday have reached the outskirts of Tjepoe. war-wrecked oil center inside Republican terri tory. Other forces occupied Toeran, 15 miles southeast of Malang. On Sumatra—the republic is made up of parts of Java and Sumatra—Dutch troops took Solok. ; This is in the middle of the island. Other troops occupied Singakarak, \ j 15 miles to the north, on the route I from Dutch-held territory to the most important Republican city of Sumatra, Bukittinggi. Truce Lines Smashed. The Dutch announced their forces smashed through truce lines at a number of points on Java and Sumatra. Units raced through Sumatra's rich rubber-producing area, and were reported approach ing Medan, a major city of the north. Thus far it has been almost a1 bloodless occupation. The Dutch | call it a “police action.” The Neth erlands forces are well ahead of; their own time-table, following the quick seizure of Jogjakarta bv air- i borne troops in the first hours of the fighting yesterday. Dutch casualty figures show they are meeting little Indonesian resist ance. Netherlands Army headquarters said so far six Dutch soldiers have, been killed and eight wounded in both Java and Sumatra. Three Dutch were wounded in the Jogja karta siege, the report said. Leaders in Custody. A Dutch communique said virtu ally all the high Republican leaders were in Netherlands custody. Among those taken were Dr. Soekarno, president of the republic; Premier Mohamed Hatta, Foreign Minister Agus Salim, former Premier Sutan. Sjahrir and Gen. Soederiman, com-' mander of the Republican Army. The Dutch also announced that their forces had broken through old truce lines at several points in Java and Sumatra. The Indonesian government, be fore Jogjakarta’s fall, branded the Dutch land, sea and air offensive as a “dastardly” attack, comparable to the Japanese assault on Pearl Har bor. Not Told of Repudiation. American and Australian members of the U. N. Good Offices Committee notified the Security Council that the committee as a whole has not yet been apprised of the Dutch repudiation of the Renville truce agreement. They said the Dutch suspended communication between Batavia and Kalieorang Saturday night, a half hour after the committee had been notified of the military action. Eighteen members of the committee are at Kalieorang. The committee told the Security Council that "in repudiation of the Renville truce agreement, the Neth erlands have not fulfilled the re quirements of Article 10 of the truce agreement.” Dutch authorities have described their offensive as "police action'" against Indonesian terrorists. Dutch paratroopers paved the way ! lor capture of Jogjakarta by drop ping down on Magowo airfield, fivei miles east of the city. They took the field without resistance and flashed an "all clear” for airborne reinforcements To come in. - One Fire in Capital. Only one fire w'as observed in the capital. The Indonesians said ear-! lier that Jogjakarta had been bombed. • A Dutch advance eastward in Central Java supported the Jogja-j karta operation. Netherlands troops along the Batavia-Jogjakarta trunk railway advanced 40 miles from the area of Gombong to Poerworedjo, about 25 miles west of Jogjakarta, j Another Dutch column moving j (See-INDONESIA7Page A-4.1 Communist Strike Fails to Tie Up Italy By the Associated Press ROME, Dec. 20 —The Communists led a 24-hour strike of government workers today but apparently failed in an effort to paralyze the country. The government gave armed pro tection to thousands of the million or more government workers who refused to obey the strike call of the Communist-directed General Con federation of Labor (CGIL). Steel-helmeted riot police arrested one leftist striker in the 'southern port of Bari. A government spokesman said the striker had tried to interfere with the “consti tutional- right to work.” Reports from noVth to south showed the only truly bad effect of the strike to be in the leftist north, where the government’s railway service was crippled. Else where trains ran and postal, tele graph and other services went on without much trouble. In Rome police rode mail trucks and guarded entrances to the central post and telegraph building. Apparently heartened by the gov ernment’s ffrmness, many public service employes headed back to work later in the day after tiisi obeying the strike call. IF HE CAN FIND A HEADLINE IN THERE, HE'S J I GOOD! ^ House Probers Await Reply on Questioning Eight Spy Witnesses Groundwork Already Laid For New Inquiry to Take Many Months, Mundt Says By Robert K. Walsh House Committee on Un-Amer ican Activities members awaited word from the Justice Depart ment today on whether they can question eight witnesses before the new Congress convenes. At least two other witnesses, in cluding former Assistant Secretary of State Francis B. Sayre, are scheduled to be heard this week. A third may appear in closed session today. Hoping to wind up the Hiss Chambers phase of its spy investi gation before the end of the year, the committee already has laid the groundwork for a much broader investigation. Will Require “Many Months." Acting Chairman Mundt said this would require "many months" to uncover wartime disloyal acts by some Federal employes and disclose a "Communist espionage hazard" he declared still exists in the Gov ernment. At its executive meeting today the committee expected a Justice De partment reply to its request to ex- \ amine the following witnesses if not needed for grand jury investigation or court testimony : Whittaker Chambers, Mrs. Alger Hiss, Donald Hiss, Miss Elizabeth T. Bentley, Henry Julian Wadleigh, William Ward Pigman, Franklin Victor Reno and Hedda Gompers. Aberdeen Mentioned. Mr. Mundt said Mr. Reno, who was not further identified, might throw some light on “the Aberdeen proving ground situation." The committee recently was told that Government military secrets, includ ing information about the Norden bombsight, were stolen from the Army’s proving ground at Aberdeen, Md., and given to Communist agents 10 years ago. Miss Gompers might tell the committee about Communist activi ties in Washington before the war, Mr. Mundt said. He added that she is not a suspect. Mr. Mundt said Miss Gompers is a formed Government employe and has appeared before the com mittee in closed sessions as a wit ness. Mr Chambers is the avowed pre war Communist courier who ac cused Alger Hiss, fornfer State De partment official, of having slipped him copies of State Department secret documents in 1937 and 1938. Mr. Hiss was indicted by a Federal grand jury on perjury counts last week. He has denial all the Cham bers charges. Donald Hiss Also Accused. Donald Hiss, brother of Alger, was accused by Mr. Chambers last sum mer of having belonged to a Com munist "apparatus” here before the war. Mr. Wadleigh, former State De (See SPY INQUIRY. Page A-6.)_| Scripps-Howard Editor's Son Found Shot at College By the Associated Press RHINEBECK, N. Y., Dec. 20.— William Gordon Sorrells, 19, son of the late John H. Sorrells, executive editor of the Scripps-Howard news papers, was found shot in the stomach early yesterday On a dormi- i tory porch at Bard College near here. Mr. Sorrells was a freshman at the schools. He was reported in critical condition at Northern Dutchess County Health Center to day. Circumstances of the shooting were not immediately determined.) Ormsby Robinson, college public re lations director, said that “all cir cumstances point to accidental shooting.” Mr. Robinson said Mr. Sorrells was found by two other students who rushed him to the hospital here. Dr. William Thompson, college physician, who treated Mr. Sorrells at the hospital, said the bullet was of .22-caliber. He said the bullet entered Mr. Sorrells’ lower abdomen and passed through his chest out of the body. Mr. Sorrells’ mother lives In Memphis. / Supreme Court Approves, 5-4, All-Federal Worker D. C. Jury Frazier Narcotic Conviction Upheld; 'Blemish on Name of Justice/ Dissent Says By William A. Millen The legality of a District jury composed entirely of Federal em ployes was sustained today by the Supreme Court in a 5-4 de cision. The case involved was that of Robert Frazier, sentenced to serve from 20 months to 5 years and fined S2.000 under the Harrison Narcotic Act after conviction by a District Court jury October 10, 1946. Today's majority decision, written by Justice Rutledge, affirmed the findings of the lower courts and said Frazier had shown no ground for believing he did not receive a trial "by an impartial jury,’’ as guaran jteed by the sixth amendment to the Constitution. The dissenting opinion was writ ten by Justice Jackson, with whom Justices Frankfurter, Douglas and Murphy joined. Justice Jackson wrote: "On one proposition I should expect trial lawyers* to be nearly unanimous: That a jury, every member of which is in the hire of one of the litigants, lacks something of being an impersonal jury.” Ciiminal cases are brought in the name of the United States. Justice Jackson asserted that it cannot be denied that a jury composed entirely of Federal employes “has a one I 7 (See JURY, Page A-6.) U. S. Must Encourage Risk Capital to Avoid Bust, GE Head Says Economy Still Far From Attaining Peak, Wilson Tells Profit Hearing By J. A. O'Leary This country can overcome the vicious cycle of boom and bust by adopting policies that will encourage risk capital to go into a steadily expanding industrial economy, Charles E. Wilson, pres ident of the General Electric Co., told Congress today. Testifying before the joint House Senate subcommittee studying cur rent corporation profits, Mr. Wilson said the industrial economy of this country is still far from attaining its peak, “It is, in fact, my belief that we have only begun to recognize our full potentialities,” the industrial ist continued. “There is funda mentally no reason why we should not continue to go on to ever greater heights. We have seen how wrong were those gloomy prophets of disaster who toward the end of the war predicted a shrinkage in our standard of living—a falling backward rather than a steady march ahead. “Certainly we have and will al ways have an ever expanding market for new and better products so long as our system is not thwarted or impaired, and is able to produce those products at prices which the consumers can afford. Must Encourage Capital. “We must, therefore, as a nation, see to it that we encourage new growth and new development so that there will continue to be more and better products at prices which increasingly large numbers of our people can meet. In this way -we can hope that our economy will over come the vicious cycle of inflation and depression with which for 60. many years it has been cursed. “To accomplish these objectives there must continue to be encour agement of capital—of the risk cap ital—which. frankly in the hope of gain but as an essential ingredient of our entire economic structure, is (See PROFITS. Page A-2.) New York Digging Out From Third Heaviest Snow in History Transportation Is Slowed; At Least 16 Deaths Are Blamed on Storm in East By th« Associated Press NEW YORK, Dec. 20.—The worst the weather could do—19.5 inches of snow—wasn’t enough to smother the Nation’s largest city today. However, at least 16 persons were dead as a result of the storm that swirled across the Northeast yester day and early today. There were five casualties in New York City, five in New Jersey and six others in New England. Most of the casualties were blamed on exhaustion. Icy roads left by the snow’s sweep over the Midwest figured in at least six traffic crash deaths in Northern Illinois. New York bore the brunt of the storm—third heaviest snow in the city’s history. Started Shoveling Early. Using experience gathered in the record 25.8 inch fall of last Decem ber 26 and 27. the Metropolitan area started shoveling early. As a result nearly everything was moving— though slowly. Commuters from suburban areas found trains a few minutes late and buses and trolleys slow. But they got to work. Subways and elevated lines in the city were operating near normal. Only the Long Island Railroad, paralyzed in last December's blizzard, announced the concellation of 24 regular morning rush-hour trains. The important commuter line had met increasing difficulties in the early morning, caused by mechan ical failures of equipment and drift ing snow. ^ The snow, which started falling in the city’ at 6:20 a.m. yesterday, began to abate at 8 p.m. and ended at 2:10 a.m. today. Storm Goes Out to Sea. The storm, which roared up the Atlantic Coast with high winds, was moving farther out to sea to day, after sweeping much of the Northeast and giving many sections their heaviest snow of the season. Areas hit included large parts of ~(See SNOWSTORM, Page A-3J Man Freed by High Court Held Again in Case Called Similar A man freed last week by a Su-; preme Court ruling that he had been detained illegally before ar raignment, appeared in a Municipal Court on a new charge today and his attorney indicated he would argue that police had violated the high court s ruling. The defendant, Andrew J. Up shaw, 36, colored, is charged with housebreaking in the disappearance of $337 worth of small oil heaters from a warehouse last Friday. Five days earlier the Supreme Court handed down an important decision, ruling that a confession purportedly given by Upshaw in a grand larceny case several years I ago was illegal because it was ob tained 31 hours after the man was arrested, during which time he did not appear before a committing magistrate. I Today, when Judge George D. Neilson ordered Upshaw held for the grand jury in $5,000 bond, his attof nev, William S. Thompson, did not mention the Supreme Court decision in court. But later Mr. Thompson told re porters he felt police had “violated” the ruling by holding Upshaw from the time of his arrest. 11:30 p.m. Friday, until this morning without bringing him into court. No. 2 Precinct police reported that the defendant was charged with housebreaking at about 6 pjn. Sat urday, about 18 hours after Upshaw was arrested in his home. Police pointed out that the courts were closed at noon Saturday, and for that reason they could not bring in their prisoner for arraignment (§ee UPSHAW, Page A-6.1 Traffic Normal As Disfricf Digs Out of Snow Higher Temperatures Expected to Remove Last Trace Quickly (Pictures on Page B-l.) Washington dug out from under its first snowstorm of the season in fine style today with traffic moving almost normally and only the white coating to remind residents of yesterday's storm. Tire Weather Bureau recorded a total of 5.4 inches of snow at Na tional Airport—just a fraction com pared with the 19.5 inches that buried New York, tying up buses and trains during the morning rush hour there today. With temperatures in the low 40'g expected here today and pushing up to the high 40's tomorrow, it ap peared that yesterday’s 12-hour snow fall would be only a memory by Christmas. Some cloudiness was forecast for tomorrow, but no more snow in the immediate future. Main Streets Cleared At the height of the storm yester day there were visions of workers j struggling townward today in ice j bound traffic. But the snow-fighting forces under direction of Refuse Di rector William A. Xanten had the main streets cleared this morning and there was little interference to automobiles, streetcars or buses. Commerical air traffic resumed normal operations to the West and ' South this morning after a crippling day in which 60 per cent of the flights were cancelled. Most of the cancellations were on New York flights which still were grounded be cause LaGuardia and Idlewild Air ports were closed. New York-to-Washington trains, reported running far behind sched ule yesterday, were said to be op erating normally today, as were other routes. Some buses from New York were running 40 to 50 minutes late. Normal Number of Accidents. Traffic here functioned remark ably well, even during the storm. [Police reported only 15 minor aeci i dents during the 24 hours ending at ,8 a.m. today—no more than on any [week end. One pedestrian was treated for cuts suffered ih a fall and one child was slightly injured when accidentally hit by a snow shovel. * Capital Transit Co. reported little trouble. Despite 13 sand trucks and 15 snowplows put in service at 3 a.m. yesterday, some streetcars were delayed, but only one minor delay w'as reported this morning. Except on the Sixteenth street hill, which required additional sanding, buses found the going easy early today. The American Automobile Asso ciation answered 399 distress calls yesterday, but few more than are serviced on an average Sunday. Most of the calls were for cars | stalled by the cold and not the snow. This morning the AAA pre pared for a rush but was surprised to find business only slightly above i normal. Taste of Everythin*. Almost everything in the book, except sunshine and hail, got into the act during the storm. It started snowing at 2:56 a.m. yesterday and continued until 8:39. After an 11-minute pause it started again and continued until 2:45 p.m. But meanwhile, sleet, freezing rain, snow pellets and fog entered the picture. The sleet set in at 7:57 a.m., con tinued to 10:24 a.m., and appeared again from 10:52 am. to 1:05 p.m. and from 2:10 p.m. until 2:45 p.m. The fog dropped in at 7:57 a.m., lasting until 10:24, and reappearing from 2:46 p.m. until 6:25 p.m. Freezing rain was clocked from 8:39 a.m. until 9:39 a.m., from 11:03 a.m. to 12:08 p.m. and from 1:24 p.m. until 2:45 p.m. To top it off, there were snow ‘pellets, too. tiny objects classified i neither as snow ndr sleet. They fell 'from 1:05 p.m. until 1:24 p.m. ; Coldest mark of the period was 29 degrees at 10:38 last night. By | (See WEATHER~Page A-3j Truck-Train Crash Kills I 41 Near Buenos Aires ty th* Associated Press BUENOS AIRES, Dec. 20.—For ty-one persons were killed yesterday when a truck carrying 47 picnickers rolled down a hill into the side of a train. A watchman who witnessed the crash, on the outskirts of Buenos Aires, said the truck's brakes ap parently failed on the steep hill. Some of the others in the truck were injured. Railroad authorities said one of the passengers on the train was hurt. Timbers Charred In 1814 Become Truman Desk A desk built largely from White'' House timbers which bear marks of the fire that wrecked the structure when the British applied the torch in 1814 was exhibited today by Pres ident Truman as one of his prize Christmas gifts. Constructed of pine as a repro duction of a George Washington desk now in the Smithsonian Insti tution, the office-size desk was the gift of White House carpenters. The trimmings are of mahogany, obtained when a window sill was removed in constructing the contro versial balcony last year. The President also received leather letter files from the cabinet and White House staff and a port able television set from some of the "kids” around the White House. A bound album of engravings of every President came from Secre tary of the Treasury Snyder.