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The Washington times. [volume] (Washington [D.C.]) 1902-1939, July 03, 1923, Image 9

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UNION MEN ASK
CONTEMPT
TRIAL.
ADDeal in Conviction in Shop
men’s Strike Cites Clay-
I . ton Act.
t By JOHN D. MUELLER.
International News Service.
SUPERIOR, Wis., July 3.— Long
a thorn In the side of organized
labor, the question of whether Fed
eral judges may continue to find
guilty and sentence persons cited
for contempt of court under the
Clayton act, is expected to be defi
nitely answered by a decision, ex
pected shortly, from the circuit court
of appeals in Chicago, on an appeal
from the decision of a Superior,
Wis., judge, in a case growing out
of the shopmen’s strike last sum
mer.
If the appeal is upheld, defend
ants in such cases in the future
will be entitled to trial by jury.
If not, the only alternative will
be a fight in Congress to obtain
new legislation.
The case at issue is that Sam
Michaelson, et al, including ten
former employes of the railway
company at Hudson, Wisconsin,
Chicago, St. Paul, Minneapolis &
Omaha Railway Company, in which
the men were convicted of con
tempt by United States District
Court Judge C. Z. Luze, of Su
perior. The A. F. of L. has interested
Itself in the case and has filed a
brief supplemental to the appeal
framed by Donald N R. Richberg,
counsel for the Railway Employes’
Department of the A. F. of L., who
represents the convicted men.
Seek Precedent.
Substantiation of the appeal by
the circuit court, It is pointed out,
would establish an important
precedent. There would be small
likelihood of convicting men of
contempt of court in their own
communities, where the populace
usually ie-sJn sympathy with the
strikers, it is hinted.
The appeal is based on a writ of
error and was taken following de
nial of a new trial. The alleged '
errors were embodied in denial of '
a jury trial, “as provided by law”;
alleged insufficiency of evidence, t
' the allegation .that the court was
without jurisdiction to impose sen- i
fences, and that in doing so the
court was in error, for the reason
that the sentence imposed was ■
Without warrant in law. <
Chief discussion has centered on |
denial of jury trial, considered the ]
backbone of the appeal.
While the common law provides ’
that punishment for contempt is 1
entirely within discretion of the 1
court, sections of the Clayton act 1
specifyically providing jury trial on i
demand of the accused are cited. 1
Tho argument is made that Con
gress obviously Intended a de
parture from the common law in <
the section which reads "such trial i
may be by the court or, upon de- i
mand of the accused, by jury.” <
The brief filed with the Chicago ]
court by Attorney Richberg for the i
Railway Employes’ Department of
the American Federation of Labor
Is devoted exclusively to a discus- i
don of the following questions: ]
1. Does the _relationship of dm- i
ployer and employe continue dur
ing a strike or lockout? ,
2. Is a jury trial mandatory in j
contempt cases coming within the
terms of the Clayton act? <
3. If the Clayton act requires a
Jury trial in certain contempr ]
cases, are these provisions of the
•ct unconstitutional?
* “Not Unconstitutional.”
Attorney Richberg, who framed
the appeal, answers both of the
first two questions affirmatively
and with reference to the third
maintains the .section is not uncon
stitutional.
“All Federal courts,” he asserts,
“are mere creatures of Congress
and possess no powers except
those specifically granted to them
by an act of Congress.”
Following an argument that the
* court includes not only the judge,
but the jury and a clerk, as well,
Attorney Richberg concludes his
brief thus:
“For the judge of a court to at
tempt to exercise alone the power
reposed jointly in the judge and a
Jury is to undermine this institu
-tion, the preservation of which is
commonlv regarded as essential by
those who desire to maintain the
American form of government.”
rwinWr '*'^Hii\'
wj
cA> 1 OftomSs* Circfe^
A NEVER-FAILING source
of joy to pleasure-loving
stay-at-homes.
For Reservations
Phone Main 4336
Dinner Supper
Dancing Dancing
MEYER DAVIS’
Famous
LE PARADIS BAND }
Stationery—
of the better kind cpats leas
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OS3 lath Street Northu>est- 808
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Main 1 4400
IJEAN ELIOT ON CAPITAL SOCIETY
Princess Bibesco io
Leave Capital
Shortly
By JEAN ELIOT.
PRINCESS BIBESCO, wife of j
the Rumanian minister, has |
decided to sail for her home |
in England on Saturday, July 21, ,
where she will spend the re
mainder of the summer with her
parents, the Former Premier and
Mrs. Herbert Asquith. Priscilla
Bibesco, the cunning small daugh- .
ter of Prince and Princess Bibesco, |
sailed on Saturday, accompanied
by her governess, to visit her
grandparents. The minister plans
to leave Washington later in the
summer, when he will go to Eng
land and join his family. They
will all return to Washington in
the fall.
Prince and Princess Bibesco are
the guests of Mrs.
Vanderbilt at her villa in New
port.
The Secretary of the Ruma
nian Legation and Mme. Nano
who have -for some time made
their home at Wardman Park Ho
tel, are now occupying the house
at 1603 Euclid street, the former
residence of Senor Cardenas, coun
selor of the Spanish embassy,
who left Washington last week
after his marriage to Mile. Lu
cienne Nano, sister of Frederick
Nano.
Mme Hubrecht On
Long Island for Summer.
Mme. Hubrecht, wife of the sec
retary of the Netherlands legation,
and their children are established
on Long Island for the summer.
Dr. Hubrecht, who accompanied his
family will return to Washington
the last of the week, and will join
them on Long Island for week-ends.
V. de Sokolowski, secretary of
the Polish legation, returned yes
terday from Atlantic City and El
beron, N. J.
The Counselor of the Japanese
Embassy and Mme. Saburi, who
make their home at the Shoreham,
entertained a company of ten at
dinner there last evening.
Dr. Leo Rowe /
Luncheon Host .
The director general of the Pan-
American Union, Dr. Leo S. Rowe,
entertained at luncheon today, when
his guests were the Chilean and
Peruvian delegates to the Tacna-.
Arica conference. Among Dr.
Rowe’s guests were Beltran
Mathieu, Chilean ambassador; Al
fredo Gonzalez Prada, secretary of
the Peruvian embassy; Ernesto
Barros and Francisco Rivas.
Mrs. J. R. D. Cleland, wife of
Captain Cleland, U. S. A., will ar
rive at Fort Myer today to be the
guests of her parents. Deputy Chief
of Staff Gen. John L. Hines and
Mrs. Hines. Mrs. Cleland will re
main with them .all summer.
Miss Evelyn Way of Raleigh, N.
C., who is visiting Col. and Mrs.
Hamilton Hawkins at their quarters
at Fort Myer, will leave on Monday
for her home.
Post Wheelers to
Give Reception.
The Fourth of July will be cele
brated with the usual reception to
Americans in London. Lansdowne
House has been lent by Mr. Gordon
Selfridge, and the guests will be
received by the American Charge
D’Affaires and Mrs. Post Wheeler.
At least 2,000 guests are expected.
Col. and Mrs. Marcellus Thomp
son, the latter the*daughter of the
American ambassador to England,
Colonel Harvey, are the guests of
the American Charge D* Affaires
and Mrs. Wheeler.
—-J*
Brig. Gen. H. M. Lord, director
of the Bureau of the Budget, and
Mrs. Lord left Washington yester
day for their summer home at Mar
tinsville. They will return here
about August 1.
Mrs. John P. Storey has clpsed
her house on N street and is at
her summer place, Whitehall, near
Annapolis.
Miss Mary Lois Pasqual and Mr.
Guy Pasqual are the guests of Miss
Lois Bryan &t Litter Louna, the
residence of her parents, Mr. and
Mrs. William Herndon Bryan, in
the Green Spring Valley, Maryland.
—-J.
Dr. and Mrs. Nicholas Murray
Butler and Miss Sarah Schuyler are
passing a few weeks in London.
—-S-
Aspegrens to Give
Dinner July 14,
Mr. and Mrs. John Aspegren will
entertain at dinner in their sum
mer home in Newport on July 14,
at the time of the tennis matches
at the Casino. Among their guests
will be the Minister of Sweden and
Mme. Wallenberg, who will leave
Washington shortly to visit them.
—*♦* —
Mr. and Mrs. Reginald C. Vander
bilt, the latter formerly Miss Gloria
Morgan, are at the Ritz Hotel in
Paris. They will leave Paris short
ly for Deauville.
-—•** —-
Harry A. Garfield, president of
Williams college: Mrs. Garfield and
Miss Lucretia Garfield, will leave.
Williamstown today for a ten days’
motor trip to Maine. Mr. Garfield
was fuel administrator in the Wil
son administration.
— ❖ —
Mr. and Mrs. Fred Upham have
gone to Scandinavia, but will re
turn to the Carlton in London In
August.
——
Mrs. Katherine J. Fenton and
her daughter, Miss Florence Fen
ton, have taken an apartment In
Wardman Park.
— •{•' —
Dials Leave for
South Carolina,
* Senator and Mrs. Nathaniel Dial
and their family have closed their
house on Kalorama road and gone
by motor to their home, Larens,
S. C.
Mrs. William Riley -Deeble and
her daughter, Miss Margaret Dee
ble, who were at their apartment,
at the Highlands for several weeks.
THE WASHINGTON TIMES
•f „
Mr. and Mrs.
riage took
latter part
of June, are Jtff ' C ' i. jp* ,
„ COPYRIGHT BY UNDERWOOD A'UNDERWOOD
returned yesterday to New York,
where they passed the winter.
Dr. and Mrs. James A. Cahill
have returned here after a visit
to Atlantic City. •
Mr. and Mrs. Miller Kenyon
will take an extended motor trip
some time this month, after which
they will stay a while at their
summer home
Col. and Mrs. Samuel Sturgis re
cently arrived in New York aboard
the Majestic from Coblentz, Ger
many, and have come to Wash
ington to reside. •
Dr. and Mrs. Samuel S. Adams
have their house on Con
necticut avenue, and are established
at their summer home, Adamsfort,
West Springfield, N. H.
—-4* -v
Major William J. Calvert will re
turn the first of the week from a
fortnight’s stay in Indiana.
—*s*
Royal Johnsons On
Motor Trip Home,
Congressman and Mrs. Royal
Johnson and their two sons left by
motor the end of last week for their
home In North Dakota.
—«s* ,
Former Gov. Robert A. Cooper
of South Carolina, now a member
of the Federal Farm Loan Board,
who has been living in Takoma
Park, with Mrs. Cooper, has taken
an apartment at Cathedral Man
sions.
———
Mrs. Rawlins Hume and her chil
dren will go next week to Rehoboth
Beach, Del., to spend a month or so.
+—
Mrs. Riggs, wife of Capt. Edward
Riggs, and her infant daughter have
joined Captain Riggs in Newport
where he is stationed in command of
the United States Naval Hospital.
——
Mrs. Robert Duojop has left for a
series of visits to a number of
northern shore resorts. Colonel
Dunlop will reside at the Army and
Navy Club during her absence.
— * —
Col. and Mrs. E. C. Adkins, who
'were at the Westmoreland, have
given up their apartment and gone
to Ft. Washington, Md., where the
colonel will be on duty.
— •> —
Polo Gains in
Popularity Here.
The gentleman’s game of polo is
certainly coming into its own in this
country. The crack Cuban team
which, it has been reported, will visit
America in search of laurels new,
will not be the only attraction this
summer for the lovers of this sport*
The usual junior championship
, match, which is played at Newport
every season, will be held the laUer
part of this month, and the army
team is already there practicing for
it. In addition to this match, there
will be what is known as “twelve
goal tournament” to be played at the
same time. The army will also send
a team to contend for that, and there
will be about twelve officers in the
elimination contests which will be
held at the field on the Potomac.
Os course, only four men will be
picked, and lively scrimmages and
competition in the try-outs is ex
pected.
The War Department first team is
scheduled to meet the first team of
the Third cavalry, stationed at Fort
Myer, on Saturday afternoon in Po
tomac Park. The game will begin
at 3:30 o'clock.
—.J.—
, Captain Charles Wharton of the
; Third Cavalry, who was stationed
| at Fort Myer, Va„ has gone to
; Samur, France, to take a course
■ at the French School of Equitation
established the Te. Captain Wharton
expects to be absent from this
country about a year and a half.
• Edgemoor Club to
1 Give Celebration.
The Edgemoor Country - Club
1 will entertain at a supper tomor
row evening with fireworks and
an athletic meet, in celebration of
the Fourth of July.
-r-4*
Bradford Norman has gone to
Newport for several weeks.
,
Dr. James A. Emery has re
■ turned from a visit to New York.
——
Major and Mrs. Xenophan H. Price
returned Sunday from a month’s
tour of Canada. They are established
for the suitrfner in the house belong
ing to Mrs. Price's mother, Mrs.
Charles C. M lburn, Mrs. Milburn
left last night to spend the summer
at Lake George.
——
Mrs. Charles Bradley and her
children have taken a cottage at
Virginia Beach for the summer.
——•s*—
Walter Parker will entertain at
1 a dance Saturday evening at
his home, 1325 Twenty-first street

Major William V. Andrews, who
has been living at 3350 Seventeenth
street, has taken an apartment at
the Highlands.
—«§«... -
Miss Margaret Davis will enter
tain at luncheon
Miss Conrod Honor
Guest at Luncheon.
Justice and Mrs. Stanton Peelle en
tertained at luncheon yesterday in
the Cosmos Club for Mrs. Peelle’s
daughter, Miss Betty Byrne, in com
pliment to her house guest, Miss
Jean Conrad. The other guests were
Miss Margaret Zolnay, Miss Eliza
beth Zolnay, George Summerlin, jr.,
Rixey Smith, Dr. Charles Brugg
mann and John Chamberlain.
—4*—
Mrs. Charles Hume returned yes
terday after a visit In New York.
——
i Mr. and Mrs. Charles Edward
Lyon will leave today for New
, York, where they will sail the end
| of the week London!, where
i they will reside indefinitely. Mrs.
Lyon was formerly Miss Helen Gill,
of this city.
—4*—
Mrs. Henry Kingsbury, widow of
* Colonel Kingsbury, has sold her
house,in Kalorama road and taken
an apartment at the St. Nicholas.
—4*—
Mrs. L. W. Glazebrook is confined
1 to her home with a sprained ankle.
; Her sister, Mrs. Stuart Jackson, of
■ Montclair, N. J., is paying her a
short visit, en route to stay with an
other sister, Mrs. Eveleth E. Whit
, ing, at Asheville, N. C.
— •;«
l Maj. Gen. John A. Lejeune gave
[ an informal luncheon yesterday on
the Willard roof.
——
i | Army Officers to
! Give Informal Hop.
The officers stationed at Fort
Myer will give an informal hop in
the administration building of the
post on Friday evening. This is
the first of a series of informal
dances which will be given at the
. post throughout the summer.
,
, Mrs. E. H. Gheen is at Nkrra
gansett Pier for the summer.
—4* — •
’ Miss Bessie Stuart Campbell will
leave on Friday to spend some time
i sketching in the White Mountains.
She will return to Washington the
: early part of August.
, ■—•;*—
Mr. and Mrs. J. Wilmer Biddle,
, of Philadelphia, and Mrs. Biddle’s
; daughter and son, Miss Virginia S.
; Gordon and Douglas R. Gordon,
. who are in Europe for the summer,
, are now at the Hotel Beausite in
' Paris, where they will remain for a
month.
j u Reeve Lewis, accompanied
by her son, Reeve Lewis, jr., has
* been the guest of Mr. and .Mrs. H.
Barrett Learned at their camp in
the Adirondacks. Mr. and Mrs.
p Lewis will go to their cottage at
i Bass Rocks, Mass., this week to re
main for the rest of the summer.
— ❖ — ,
i Miss Eleanor Williams, of Balti
more, is at Monterey, Pa., with Mr.
and Mrs. Robert B. Deford and Mis?
- I ,e ford for the summer.
1 JRss Williams has often visited in
> Washington as the guest of her
? aunt, Mrs. Thomas Chatard.
i —4*—
l Mr. and Mrs. Rudolph Kauffmann
* will entertain at dinner this eve
ning in the Woman’s Universal
Alliance.
' #j.—
Kirthleys on Cruise
} Down the Potomac.
Accompanied by a party of
1 friends, Mr. and Mrs. Fred A.
f Kirthley, of 1702 E street south
east, are cruising down the Poto
mac on their new yacht, “Rernice.”
They weighed anchor Saturday for
a ten-day outing. The only sched
uled stop was a visit at Piney
Point for a few days. Included in
* the party are Mr. and Mrs. Charles
W. Wltherow, of 3410 Macomb
* street, and John H. Easier, of the
) Internal Revenue Bureau.
I > .j.
Homer Saint Gaudens, who has
. been at the Shoreham for a few
i days, left yesterday for Pittsburgh.
\
The National Daily
Edw. W. Stitt, Jr.,
Christened at
St. Stephen's.
Edward Wynkoop Stitt, jr., the
small son of Mr. and Mrs. E. W.
Stitt, and grandson of Rear Admiral
and Mrs. Edward Rhodes Stitt, was
christened on Sunday in St.
Stephen’* Church by the rector, the
Rev. Dr. George Fiske Dudley.
Only the members of the immedi
ate families and the god-parents of
the baby were present. Mrs. Stitt
is the daughter of the late Sherod
Earle, of Columbia, S. C., and Mrs.
Earle.
W. R. Castle• in
Berkshire Hills.
Mr. and Mrs. William Richards
Castle, of Honolulu, . are at the
Aspinwall Hotel in the Berkshire
Hills, Massachusetts, and have been
joined there by their daughter, Miss
Beatrice Castle, of Washington. Mr.
Castle was graduated from Harvard
law school, practiced in New York
and went to Honolulu in 1876, where
for a time he was attorney general
of the kingdom of Hawaii. Later
he was president of the commis
sion on annexation of the island to
the United State^
Invitations have been isued for
a dance to be given in the old Ring
gold mansion on July 14 for the
benefit of the St. James school j
campaign fund to promote music
and operatic art. Among the pa
tronesses are Mrs. Walter Tucker
man, Mrs. Richard Harlow, Mrs.
Thomas Bell Sweeney, Mrs. Basil
Gordon, Mrs. Julian S. Carter, and
Mrs. Walter Grove. William Bowie
Clarke is chairman of the men’s
floor committee and Miss Annette
Ashford will head the young wom
en’s committee. Walter Grove is
chairman of the dance and reserva
tions can be made through Durham
Rodgers, son of J. G. Rodgers.
Mr. and Mrs. H. E. Stuart, of
612 Ninth street southeast, an
nounce the marriage of their daugh
ter, Isabelle, to George Demacher,
of New York, on Saturday June 23.
The ceremony took place in Alex
andria, Va., the Rev. E. M. Delaney
officiating. Mr. and Mrs. Demacher
will make their home at 512 Ninth
street.
Mr. and Mrs. Samuel B. Fisher
announce the marriage of their
daughter, Hilda Barbara, to Paul
E. Saunders at St. Joseph’s Church
on Friday, June 29.
Upon their return from a wed
ding trip, Mr. and Mrs. Saunders
will make their home in Washing
ton.
—4»—
Brig. Gen. Robert Alexander, U.
S. A., and Mrs. Alexander, who
have been visiting in Washington
for several weeks( are at the Hotel
Astor in New York to spend a few
days before leaving for the Pacific
coast.
—-J-
Major and Mrs. James A. Lyon
have returned from Greensburg
Pa., where they motored to spend
the week-end with Mrs. Lyon’s
James Moore.
—4*—
Mr. and Mrs. Walter Tuckerman
left yesterday fbr Southampton,
where they will be the guests of
James Patrish until after the wed
ding, Saturday, of Miss Phyllis
Thompson to Roger Tuckerman.
—*s*—
Mrs. G. L. Greswolls, of Chicago,
and Mr. and' Mrs. A. M. Schaefer,
of Dayton, have come to Washing
ton for a visit and are staying at
the Lee House.
4* 4
Mr. and Mrs. C. C. Mercke, of
Louisville, Ky., are passing the
week at the Hamilton Hotel. They
are accompanied by Miss Ada G.
Bache, Charles Mercke and Evans
Mercke.
—4*—
Elmer Schlesinger, of New York,
formerly a member of the United
States Shipping Board, has come
to Washington for an indefinite
stay, and is at Wardman Park Ho
tel. He is accompanied by Joseph
P. Day and H. S. Sayres, both of
New York.
—4*—
Mrs. Norman James, of Balti
more, came over to Washington
yesterday, and was among those en
tertaining informally at luncheon
at the Shoreham.
—4*—
Mr. and Mrs. William F. Lemon,
of 2310 Connecticut avenue will sail
tomorrow on the Leviathan to
ppend the summer in Southern
France.
—4*—
Among the Washington visitors
at the Ambassador at Atlantic
City are Miss Frances Carolyn
Boone and Miss Aliev Jennings
Shepherd.
WIFE SUES FOR SIOO,OOO
ON GAMBLING LOSSES
TAUNTON, July 3.—Hearings in
the SIOO,OOO gambling suit of Fannie
S. Lipson, of New Bedford, against
John F. Hennessey, of East Provi
dence, to recover fgr losses alleged
to have taken place at the Anawan
house in Rehoboth, opened in supe
rior court.
Mrs. Lipson claims her husband,
Joseph, a New Bedford tailor, lost
large sums playing roulette there
in 1917 and 1918.
YOUNG FRENCH WAR BRIDE
TAKES POISON IN STREET
SEATTLE, Wash., July 3.—Mrs.
Zola Harrington, twenty-two, French
war bride, swallowed poison while
walking with her husband. Her
husband is carpenter’s mate on the
U. S. S. Pennsylvania.- He took her
immediately to the Central Emer
gency Hospital, where her.jsfl.pdition
was found to be not serious.
FLAXEISLHAIRED tots burn
IN DOLL FACTORY BLAZE
NEW YORK, July 3.—Hundreds
of flaxen-haired tots were utterly
consumed in a fire which burned
out the fifth and sixth floors of
the Metro Press Company Building.
The fifth and Hixth floors are
occupied by a doll factory.
Although somewhat hampered in
their work by a large and tri
colored crowd, the firemen had the
fire out in half an hour, Then
black, brown and white children
swarmed about salvaging dolls
whose injuries had been fatal, j
TUESDAY, JULY 3, 1923.
HOTEL THEATER
PLANNED FOR
DISTRICT
v .
Wardman Park Is Considering
a Semi-Private Playhouse
For an Annex.
The erection of a theater within
Wardman Park IJotel is being con
sidered by the management, it be
came known today.
Plans for the new addition to the
hostelry are not j completed but they
tentatively call for the location of
the addition just off the main
lobby in the rear of the hotel.
The theater would be operated
by and as a part of the hotel. It
would not, however, be strictly
private. The theater will accom
jjjjj j’ g ; jj|
,
Address Communications to President, 2325 lQth N .* W. "Phone CoL 9855
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GOLD BAG COFFEE . . . tt 28c
10 lbs. SUGAR. . . 93c
Campbell’s SOUPS . ... cm 10c
Imported SARDINES °Jj* 2 25c
UNEEDA BISCUITS 5 c
Maine Style CORN . . . zc«a .25c
PALMOLIVE SOAP 3 b., 20c
Armour’s GRAPE JUICE 27c pi. 49cm.
Choice Cuts of Fresh Meats at D. G. S . Stores
SMOKED SHOULDERS a. 13%c
FA-MUS CAKES Chas. Schneider Baking Company's I
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modate 600 persons and be thrown
open to the public.
The organization of a stock com
pany to play in the theater is
under consideration, it was also
learned.
"It will be a year before the the
ater is completed,” Manager Dyer
said, "and at this time we are not
.even certain that we are going to
build. We are considering the the
ater proposition and I think it will
go through.”
HEROIC SERVICE MEDAL
ESTABLISHED BY PA. R. R.
NEW YORK, July 3.—The Penn
sylvania railroad has established a
"Medal for Heroic Service” to be
awarded- any officer or employe
who, in connection with his work
or while on the company's prop- 1
erty, "performs an act of heroism
in some way not required by the
call of regular duty.”
A special committee has been
appointed by President Rea to pass
upon all cases brought to notice
and make recommendations to the
board of directors. Actual awards
will be made by the board. The
authority to present recommenda
tions is retroactive to February i,
1922.
Fdine & dance!
1 Arlington I
Hotel Roof jj
FEATURING
“808 FOSTER”
DINNER DANCE
O 6:30 to 834 P. M.
No Cover Charge
SUPPER DANCE 5
9 to 1 o’clock
Cover Charge
A LA CXRTE I
SERVICE
HIGHEST ROOF IN !
WASHINGTON
O In case of inclement weather j :
supper dances tcill be held in §
the new Ball Room. 1 .
Samuel J. Steinberger,
Prop, and Mgr.
OEaOE=XSOEI< I
—■ .... - - -i- -
9

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