Evening Star Newspaper, July 24, 1922, Page 1

b Clerks. the organization with which WEATHER. Fair and cooler tonight and to- morrow. Thermometer—At noon, 85; at 2 p.m., 88. Barometer—At noon, p.m., 20.88. Highest, 93, at terday; lowest, 74, at 2:30 Full report on page 7. 29.88; at 2 3 p.m. yes- am. today. Closing N. Y. Stocks and Bonds, Page 17 No. 28,375. OPERATORS AGREE IN PRINCIPLE WITH OVERNAOENT PLAN Accept Administration’s Pro- posals for the Distribu- tion of Fuel. MR. DAUGHERTY SUSTAINS | LEGAL PHASES OF ACTION: Attorney General Backs Secretary Hoover, Declaring Outline to Be Comprehensive and Practical. Operators from the producing dis- tricts of six states in conference to- with Segretary Hoover agreed in! principle with the administration’s plan for maintafning prices and insur- § ing fuel distribution during the strike emergency. At the same time Attorney General Daugherty submitted an opinion “sus- taining every phase” of the legality of Secretary Hoover's plan “in con- | nection with the coal shortage and distribution.” Districts Must Approve. The operators, it was stated after the conference this morning, had egreed to the general proposals as outlined by Secretary Hoover, subject to the approval of their respective districts, but had raised some objec- tions to the legal features of the scheme. Train Movement Factor. I Immediately upon adjournment of | the first meeting the chairmen of the | committees of operators representing | the various districts went into ses- sion with Mr. Hoover to draft the de- tails of the coal control plan which is to be submitted to the full con- ference. It was expected that the detailed program would be ready for | submission at another meeting of the conference this afternoon. Efforts of the drafting committee, it wus learned, were to be aimed at | framing a scheme for emergency coal control which would not run counter 10 the law relating to monopolies and conspiracies in restraint of trade. Non-union operators attending the conference were inclined to attach only one condition to their agreement 1o maintain the fair prices previously dixed, and that was a requirement that the government use every effort to get them railroad service. It is con- ceded that the price scales set offer reasonable profits to all of the pro- ducers in the non-union districts, even though some buyers under the pressure of imminent shortage have been bidding up the market lev and urging upon the producers cash offers far above the Hoover scales. The producers asserted that if their mines could not be kept in regular operation, however. because rallroads in the non-union districts, where the railroad strike has been aimed at coal production, were unable to keep trains moving, alternative shutdowns and resumptions will increase the costs of their operation, destroy the morale of their mining forces, and make it necessary for them to sell their coal at a higher figure than the levels now voluntarily fixed. Much of the West Virginia production has been heid strictly within the fair price limits, but a general breaking away from these levels has been reported | 10 officials in the western Kentucky areas, supplying the mid-western markets. Meeting in executive session. the | conference began the consideration of | two proposals laid before them by ! Mr. Hoover. One provided for the! tightening of existing voluntary agreements to maintain fair prices and the other for establishment of coal pools in the producing districts For preferential distribution under the authority of the Interstate Com- merce Commission. Mr. Hoover was understood to take the position that the conference was held to deal entirely with the two problems presented and not to con- sider means for settling either coal or railroad strikes. Mr. Daugherty's Opinion. The Attorney General declared that he would join with Secretary Hoover “and every other governmental agen- cy under the direction of the Presi- dent, to relieve the situation to the Entered as secord-class matter post office Washington, D. Time Not Arrived For Drastic Action - While President Harding has held conferences with Secretary Hoover, Attorney General Daugherty, Di- rector Gemeral Davis of the Rail- way Administration and other gov- ernment oficials regnrding what course the federal government wil pursue . when the rallroad-coal strike situation becomes umbear- ablc, no definite plan of action has Yet been agreed upon, it was stated thoritatively today. While it in asserted by those who have advised with the President that the federal government will be ready to take actiom, however drastic may be necessary, it 1s held that the time hax not yet come, nor seems to be imminent, for govern- ment control and operation. FEDERAL SEIZURE SEEN LAST RESORT | Failure to End Rail and Coal S\rikes May Bring Drastic Step. MINES KEY TO SITUATION Intervention by I. C. C. Believed to Be of Doubtful Value Unless Coal Is Mined. The administration, if all other means fail, will be advised to take over and operate those mines an those roads that may be necessary to give the public relief, it Is believed in some quarters at the Capitol. Furthermore, it is believed that the Attorney General has prepared an opinion holding the President has authority, under the powers granted to keep the mails and interstate commerce in operation, to take over such roads and such coal mines as are necessary. The theory being that the coal is necessary to keep interstate commerce and the malls in operation. Obviously, the trains cannot run without coal. The legality of such action on the part of the administration, if it should be undertaken, is questioned by some of the senators. It is admitted, how- ever, that the question. has nice points of law on both sides. Those who question this power on the part of the President believe that further legislation by Congress will be re- quired. ‘We Back Presideat. ‘Whether the President will accept the advice that he has power to seizé mines and roads is a question. It was pointed out today that if the emer- gency, becomes so grave as to bring about the taking over of the roads and mines, the country probably would overwhelmingly uphold the President. 4 The powers granted the Interstate Commerce Commission under the transportation act to declare an emer- gency and bring about the allocation of cars and coal was declared at the Capitol today to have little effect on the strike. It was pointed out that while the commission could order cars here and there, unless the coal has been mined, it would make little dif- ference. Nor would the Interstate Commerce Commission be able to or- der the striking shopmen back to work. Two Questions Watched. However, the opinion was ex- pressed that after the strike has been settled and coal is being produced in quantity, the authority given to allocate cars and coal would prove very valuable. The two points in the strike situ- ation which are being watched with the great interest at the Capitol to- day have to do with the willingness or unwillingness of the railroads to take the strikers back and allow them their old seniority, and the willingnéss or unwillingness of the railroads shopmer’s unions to permit the men to deal with individual rail- ntinued on Page 2, Column (Continued on Page 2, Column 7.) 2,000 D. C. RAIL CLERKS AWAIT STRIKE ORDERS Southern Employes Expect to Know Out- come Late Today of Vote on - Joining in Walkout. Whether the 2.000 clerks employed in the Washington office of the South- ern raillway will join the ranks of the striking shop crafts men, station- ary engineers, firemen and others probably will be known some time to- day, in the opinion of organized labor officials. 4 Claude Pulliam, head of the local wnit of Brotherhood of Railway the Washington Southern rallway clerks are affiliated, has wired head- quarters in Chattancoga, Tenn., for instructions. He expects to receive a reply some time this afternoon. Appear to Favor Strike. According ' to reports . reaching Washington the strike ballot taken among the members of the Brother- hood of Railway Clerks, which was turned in last Thursday midnight at Chattanoogs, chowed that 87 per cent of the clerks in the organization voted Yin favor of a strike. Mr. Pulliam, however, is awaiting official advices befofe taking any action. . Two of the six unign stationary en- gineers who have remained at work at the Washington terminal power plant since last Wednesday, when their co-workers walked out, went ~on strike this morning it was claimed by A. M. Lawson, business repre- sentative of the International Union gineers, expected to quit 'k this afternoo: lufln(u:y.two'fi.:lon engineers. :i the plant. e Terminal officials, however, sald that they had not been officially in- formed of the walkout of the two, additional engineers, but emphasized that if they have joined the strikers “it doesn’t mean anything to us” They pointed out thaf they have a sufficlent number of applicants to fill the positions left vacant by any other employes who augment the ranks of n;; steikers in the future. espite the claims of union leade: that the strike has seriously M!oct:t: cperations at the terminal, officials again answered emphatically that “the ter- minal has not been affected in any way on account of the strike.” The officials made it clear that thelr state- ments to not refer to the conditions of rallroads operating in and out of the terminal, but to the actual situa- tion at the terminal. Many Places Fiiled. leaders said, show that many of the places left by the strikers have been filled, but the strike-breakers are mot experienced mechanics. As an'illus-) tration they pointed out that five meh with an acetylene torch made vain efforts to repair a broken furnace grate, & job which one experienced mechanic could have don: Conse- quently, they said, the ite was ruined, as is other kinds of work the ;lrlkt breakers are trying to per- form. A i Union officials are elated over the] results of the public mass meeting yesterday at the Avenue Grand The- ater. One of them nml,uut'm Reports to them by scouts, strike |y, WEIGH CONFESSION OF WOMAN VICTIM INMURDER THREAT Authorities Not Entirely Sat- isfied With Blame Mrs. Brooke Shoulders. FURTHER QUESTIONING IS LIKELY AS RESULT Medical Experts May Be Called to { Determine Cause of Injuries in Mount Rainier Case. Has the carefully worded ‘“confes- sion” of Mrs. Loulse Brooke, twenty- five-year-old wife of Nace Brooke of Mount = Rainier, Md., conclusively solved the mystery surrounding the |loss of her sight and the dreadtul mutilating of her body? This Is the question over which Prince Georges county authorities pondered today, following the blind- ed woman's assertion Saturday night before Justice of the Peace Robert {E. Joyce and Constable Thomas H. Garrison that all her wounds were self-inflicted—a ghastly ruse devised and executed by a desperate woman in @ supreme attempt to end her re- lations with another man and save her home. Authorities Not Satisfied. Frankly, it is admitted that her! | extraordinary explanation, given at a private hearing while she struggled valiantly to control the surge of emo- tion within, is possible, but it will take further investigation to prove it probable. If her account fs false—if Mrs. Brooke is being silenced by threfllsl and is shieiding her real assailants— the authorities mean to find it out| and bring the guilty ones to justice. If, on the other hand, her story is true, those probing the case "contend that Mrs. Brooke is one of the most stoic sufferers ever to come to their attention, and the most resourceful. There remain a number of prob- lems_arising out of the alleged mur- der plotting which are troubling of- ficers investigating the case. The tenseness on the occasion of the con- fesslon and the closeness of the at- mosphere in the small private office where it was narrated precluded a full cross-examination of Mrs. Brooke Saturday. Judge Joyce expects to question her further under more fa- vorable conditione. Medical Experts May Be Called, It 1s Ifkely that medlcal” expert: will be caHed on to testify as to thi origiu -gf..Mrs. Brooké's disfigure- ments and bruises. Scientific opinion speclally is desiréd Tespecting her injured wrists. When first question- ed at her home by Constable Garri- son Mrs. Brooke declared she burned them accidentally while ironing, changing this statement a few min- utes later to explain that it was while frying an egg, grease splatter- ing on them. In “final” confes- sion she said, falteringly, that she hurt her wrists deliberately by ap- plying lye to them with a clothespin to make it appear that ropes had been tightly bound about them by enemies. To those who unwrapped the band- | age and looked at the dark, partially healed bruises, however, the charge that she. was tied with ropes to the rear of an automobile, preparatory to being thrown on the Baitimore and Ohio railroad tracks, and, on switched plans, to being dragged on the road from her home, ‘well substanti- ated. There were plain marks, per- haps a week old, almost encircling the wrist, and suggestive of abrasions rather than of burns. A _cruel-looking wound, bone deep, on Mrs. Brooke's shoulder also re- quires medical knowledge to verify her statement that the hole was eaten into the flesh by carbolic acid, which she “dabbed on with a piece of cotton.” Mrs. Brooke stated in her confes- sion that she 8 had no medical viously had asserted, so a specialis examination is necessary to reveal the extent of her blindness. Such an examination, coupled with an analysis of the “medicine” which the woman says was accidentally splattered on her puplls, should remove any doubt regarding how her sight was im- paired or destroyed. Notes, Alvo Perplex. More perplexing. even than the in- Juries are the six notes addressed to Mrs. Brooke, replete with repulsive threats, which she declared were writ- ten by herself, and handed to Bradley Cavey, with whom she admits she had had indiscreet relations, “to scare him into leaving me alone.” When first interviewed at her home, following the placing of assault charges against Ar- chie Walters, Baltimore and Ohio machinist,~residing ‘in Baltimore, Mrs. Brooke exhibited & sample of her pen- | manship for comparison with that con- ! tained in the notes. Constable Garri- son examined the two\types of hand- writing and found absolutely no simi- larity. Saturday. nigh Brooke again was called on to write phrases quoted to her from the notes, and the specimens which submitted com- pared favorably with the penciled not That this was not conclusive f au -however, was ed in ‘."I-edw of “. fact Qh.ltnlrlioma h‘l‘d| ample ~opportunity note the character of the writing while the notes were in her possession, ing them over to Cavey. % Another point which the authori- ties want cleared up s the breaking | open recently of the burfal’ vault on the old Reeves place, near the Brooke home, and the disarrangement of the | empty sarcophaguses in the aban- doned tomb. It is not readily unde: ood how Mrs. Brooke could have been a lone actor in this episode, which formed & gruesome chapter in the Mount Rainier m’ll'ré.p ot. It was into this vault that Cavey teld he authorities the body of Mrs. Brooke was to have.been placed, fol- lowing her murder, set for Tuesday or Wednesday of last week. . - .. Counterbalancing ' ‘these :problems there stands the natural question: ‘‘What reason could Mrs. Brooke have for wishing to protect her supposed assailants?” There appears to be but one; likely ‘angwer to' this query and - was given by Mrs. Brooke herself ifi ons' of her varied siccounts the alleged had threatened prior to turn-| Member of the Associated Press The Associated Press is exclush entitied to the use for republication of all diepatches ‘eredited to it or mot otherwise ted in this paper and also the locsl news publisbed berein. All rights of publication of spectal @ispatches hereir are also reserved. Saturday’s Net Circulation, 75,329 Sunday’s Net Circulation, 86573 N TWO CENTS. vely news credi! POLES FACE DL |c s s WAR OVER CABINET President May Dissolve Diet in Fight for Power to Name Ministry. WARSAW MUCH EXCITED Several Injured When Socinliltsl Attack Anti-Pilsudski Street Demonstration. By the Assoclated Press. WARSAW, July 20 (Delx_\'cd)—"The lack of unity and understanding be- | tween President Pilsudski and the diet ince the beginning of the present cabi- net crisis seemed today in the view of some. close observers of the. situation to_be threatening to resolve itself into spmething Mike civil war. X From the moment when on June Presidi Pilsudski caused the résig- nation‘of the Ponikowski cabinet, the question as to with whom lay the su- preme authority, the president or the parliament, has been to the fore. Presi- dent Pllsudski and the radicals and the party supporting him have appeared to take the position that the president should be the chief authority in Poland, while the nationalists in the diet were committed to upholding the supremacy of the parliament. This contest found expreasion i the failure of the last two cabinets to funttion. The first, headed by M. Slivinski, appointed by the president, was refused the support of the diet and.immediately afterward President Pilsudski refused to approve a cabinet headed by Adelbert Korfanty, supported by the parliamentary major- [ rty. nase two developments raised such strong feeling between the ~ief of state and the diet that bitier con- tests are forecast 1t was rumored today that the president would en- deavor to dissolve the present diet, while other reports were that the diet, holding itself to be the representative of the nation, would force the presi- dent either to yleld or resign. The national contingent last night organiged twenty-seven anti-Pilsud- ski_public meetings in Various halls in Warsaw. D Since .the foregoing dispatch was filed a Warsaw dispatch received Sun- day, bringing the situation up to that day, said the political crisis was far from settlement, with a tense atmos- phere prevailing, and both camps dis- | tributing pamphlets and conducting street demonstrations. The message said repeated attacks made by social- ists against a big demonstration or- ganized by the nationalists resulted in the injury of & number of persons. PADEREWSKI IN PARIS. Confers With Maj. Ivanovski on Polish Situation. . By the Associated Press. R July 24.—Ignace J. Pade- rewski, who arrived in Havre on La Savoie from New York yesterday, reached Paris today. He was met at the train by a large number of ad- miring compatriots, several of whom showered him with flowers. After reaching the hotel he went into conference with Maj. Ivanovskl, who had just arrjved from Warsaw to lay the political situation before the celebrated planist-statesman. Maj. Ivanovski explained that he thought some solution of the Polish cris could be found. He stated that the majority of the diet was trying to force the resignation of President Pilsudski. He declared that the head of the Polish state was acting illegal- 1y in refusing to co-operate with the cabinet, which represented a majority of the diet. M. Paderewski will soon proceed to Switzerland for a sojourn in his chalet on Lake Geneva. —_— ALCOHOL DEATHS UP '89 PER CENT IN 2 YEARS New York Records Show 80 Died From This Cause in First * ' Six Months of 1992. NEW YORK, July 24.—An increase of nearly 89' per cent in alcoholic deaths this year over those of 1920 eported by the chief medical ex- aminer for New York. The rzort shows that 80 persons dled from alco- holism in the first six months of this year. These include only victims ho ‘died without medical attention. Examiner Dr. Charles Norris bably died from and 37 per cent over 1921 has been | ULBERSON HAS TO RETAIN SEAT DALLAS, Tex., July 24.—Interest in the outcome of the first democratic primary election. held last Saturday narrowed down today to the ques- | tion of an oppo- |2 nent for Represen- tative Thomas L. Blanton, of Abl- lene, inthe second | “run-off’ primary Auvgust 26. Repre- sentative Blanton, ! seeking re-election, had a 6-to-3 lead and was assured a place on the “run- | off"ticket but his opponents were | Brouped closely, | with former Rep- Calberson: | resentative Oscar Calloway of Fort Worth holding 3 light advantage over W, J. Cunning- ham of Abilene and J. B. Dibreil of Coleman, A i United States Eetiwtor Charles A. Culberson still .-had & chance of ve- taining his _seat, although 33.000 votes behind:Earie B. Mayfield. in the senatorial rece- James Ferguson or Culberson will run against May- field in the August election. Fergu- son had a lead over Cuibertson today of 900 votes. Gov. Pat M. Neff, with a 32,- 00 lead, is assured remomination without going into the second primary. Mrs. Edith Wilmans of Dallas may be the first woman to sit in the Texas legislature. She won the democratic nomination from John E. Davis, news- paper man. ORUANDD DECLINES 0 OF FORMING MINTRY Cabinet—King Confers With De Nicola and Tittoni. [ By the Associated Press. ROME, July 24.—Former Premier Or- i 1ando, after an hour’s, consultation with King Victor Emmanuel today, is re- { ported to have refused to form a cabi- net to succesd that of Premier Facta, i which resigned last week. Signor Orlando, who has been dis- cussing the situation with all the lead- ers of the various constitutional groups of the chamber, is said to have de: j clared himself against the formation of a short-lived cabinet. After the consultation with Signor Orlando the king called Signors de Nicola and Tittoni, presidents respec- | tivels’ of the chamber of deputies and the senate, for renewed consultations. | SAFE-BLOWERS GET $850 IN SILVER SPRING STORE | Washington Fingerprint Expert May Go to Scene to Aid in Getting Clue of Burglars. Burglars last night blew open a safe in the general store of Howard E. Barnes, at Silver Spring, Md., on the 7th street pike, just beyond the i District line, and secured $850. Deputy Sherift John Stanley Gingell of Montgomery county and Chief of Police Charles Coolay of the same county, came to local police head- quarters this afcernoon with “a re- quest for the services of Fred San- berg, finger print expert. Sanberg will probably go to the scene later this afternoon. The safe blowers, before entering the store, broke into a garage In its rear and stole several sets of tools. They knocked the combination “knob oft the safe. Explosives were then inserted and entry to the safe ob- tained. The loot consisted of $350 in cash and $500 in liberty bonds. - U.:S. ASKS BRITISH AID - -TO HALT RUM RUNNING By the Associated Press. 3 N, July 24—The British governfent has received 8 note from the Washington government, it was anpounced today, asking co-operation in the suppression of liquor-running Opposes Organizing Short-Lived | CoaL MINES AND<RAILVWAY. L "4 D. C. ASSESSMENTS JUMP 20 PER CENT Realty Total to Approximate $725,000,000—Two Causes Given. |TAXES TO VARY LITTLE 1l ——— i | Full Valuation Plan and New Con- ‘ struction Involving $18,- The total assessiment of real estate this year for taxation purposes will 80 UD to approximately $725,000,000, it was unofficially estimated at the Di trict building today. The total as- sessment of real estate last year was only: $472,874.000. . - ~ There are two factors entering into this sudden jump In the figures: First, the direction of Congress that property be assessed at full value for taxation; second, the additions made {buildings and repairs to existing {structures during the last year. Last year's assessment of $472- 874,000 Tepresented two-thirds of full | value of the real estate of Washing- ton. To arrive at the full value as ordered by Congress, the assessors’ office will add 50 per cent to last year's two-thirds assessment, which will make thig year's assessment ap- proximately $709,000,000, New Buflding Total Big. It is understood that new buildings and repairs completed during the year will total between $15,000,000 and $18.000,000. This added to ghe full value of existing property will lgive a total assessment well over 1 $725,000,000. But adding 50 per cent to last year's assessment will not mean increasing the taxes that much, for the reason that the Commissloners haye reduced the tax rate from $1.82 to $1.30 per 1$100 of assessment. Speaking of assessments, there still are thousands of Washingtonians possessing automobiles, jewelry, bank accounts and other personal effects who have not vet flled this years personal tax return. Personal Tax Returas Due. Assessor Richards reminds these bashful ones that they have only one ! week left in which to step forward {and file a return, giving the figures at which they value their gasoline buggles, their sparkling diamonds and also what their bank balances were on July 1. All such returns not filed before August 1 will have a penalty of 20 per cent added to the assesements when they are flled. The first half jof this personal tax will be due the | same as real estate In November, and the other half next May. Returns must be made at the as- sessors’ office, first floor, District building. GIRLS DROWN TOGETHER. One Believed to Have Lost Life Trying to Save Other. STERLING, IIL, July 24.—The bodles of Ella Hill, sixteen, and Jennie To- bin, fifteen, were removed from the Rock river early today, the Tobin girl's arms around Miss Hill in a position indicating that the Ilatter died trying to save her chum. The girls had homemade bathing suits and ! told their familles they woul e e Freguentad e imaig 208 £3 for that reason. but would seek a se cluded spot. y Were mnot seen alive afterw: HAGUE DESERTED AS LAST OF DELEGATIONS LEAVE day for Berlin—Italians £ Go E... y- THE HAGUE, July 24.—The Russian S e Ltaltans, the last of the delegations, T current that the s e e Litvinoff in an endeavor to secure ratification -tnth INDICTMENT DROPPED AGAINST 5 ACCUSED'IN KNICKERBOCKER FALL Court Holds Manslaughter Case Against Geare and Four Others Is Too Vague. FINDS “FAILURE AND NEGLECT” SET OUT, NOT STATED DEFINITELY Justice Siddons Rules Duty Must Be Outlined to Determine Negligence. U. S. Attorney Gordon Notes Appeal. Justice Frederick L. Siddons, presiding in Criminal Division 2, today sustained demurrers and dismissed the indictment for manslaughter re- turned April 3 last against Reginald W. Geare, John H. Ford, Julian R. Downman, Richard G. Fletcher and Donald M. Wallace, in connection with the deaths of ninety-seven patrons of the Knickerbocker Theater, which resulted from the collapse of the roof January 28 last. The accused were, respectively, the architect, the iron work contractor, the building inspector, 000,000 Offset Low Bate. | to the assessment books to cover new | the cement man and the foreman for Indictment Held Defective. The court held the indictment de- fective and insufficient in that the material and essential facts forming the basis of the alleged offense are not set out with reasonable certainty and the indictment is therefore too vague, indefinite and uncertain. The indictment fails to show what act or acts ‘of negligence were committed by Geare, the architect; Ford, the fabricator of the steel work; Fletcher, the cement man; Wallace, the ‘build- ing contractor’s foreman, or Downman, t building inspector. The theory the indictment is that each of the jfive accused persons undertook a i gigantic work, and that each was re- quired to know and to see that the other properly performed his portion jof the task. The general charge of failure and neglect set out in the indictment is not sufficient, the court finds. Duty Must Be Defined. “Whether a person is negligent or rot.” says Justice Slddons, “depends | ypon whether he has either wholly omitted doing something that he III required to do, or in undertaking to do Something he has fafled to do it ln‘ a proper manner. Therefore, in or- der to determine whether one has been negligent or not we must know {what he ought to have done, which | he has wholly omitted to do, or what {he has failed to do In a proper ‘man- { ner after undertaking, and not until| then can It be perceived whether he has ‘been negligent or not.” | United States Attorney Gordon not- |ed an appeal from the decision of Justice Siddons. In the course of his opinion Justice Siddons says: “The case presented is one involv- ing the investigation of that unpar- alleled local disaster, as the ‘Knickerbocker Theater dis- ter'; a disaster that brought death to ninety-seven men, women, youths | and children, permanent injuries to! others and temporary injuries to still others, poignant grief and lasting {sorrow to many persons, horror toi all, and aroused a feeling of indigna- | tion that such an occurrence could | { happen in the nation’s capital, and de- mands for a rigid {nvestigation of the cause or causes of the disaster were universal. Praises Attormey’s Vigor. “With a promptness and vigor that deserves the commendation of all, the United States attorney for 'the Dis- trict of Columbia and his selected as- | sistants set in motion the machinery | of government appropriate and avail- THEATERASE P TOAPPEALS COURT Action of This Tribunal Will Decide Future Course of Maj. Gordon. ‘Whether or not another grand jury will be wcalled on to investigate the | cause of the collapse of the roof of the Knickerbocker Theater will de- pend on the decision of the District Court of Appeals, to which United States Attorney Gordon will have re- course to have the decision of Jus- i tice Siddons reversed. i Maj. Gordon drew the !ndlclmenll which Justice Siddons today declared defective, to offset the effect of the decision of the appellate tribunal inj the Ainsworth case. Should the; quurt of Appeals afirm Justice Sid- dons, then Maj. Gordon would have! to decide between dropping the prose- cution against those connected with the building of the theater or sub- mitting the matter for consideration by snother grand jury, and, in the event of a presentment by that body, putting into the new indictment spe- cific facts tending to show negligence on the part of those accused. In the Alnsworth case, which grew out of the Ford Theater disaster, the Court of Appeals quashed the indictment because it failed to show any responsi- o2 | bility of the persons accused. The Kmick- erbocker Theater indictment charges known by all|py the building contractor. able for the purpose to make such an investigation, with the result that al- though the catastrophe occurred on the night of January 28 of the present year, the indictment which is the subject of our consideration was re- turned by ghe grand jury before the January térm of the court expired; to be exact, on the third day of April. 1922, the last day of the January term, a period of two months and five days from the date of the tragedy. “There can be no reasonable doubt that all engaged in the investigation did so with a deep and solemn sense of the grave responsibilities resting upon them, and the writer of this opinion has approached his part in that investigation with an abiding sense not only of judicial duty, but of personal sorrow for the loss, in the disaster, of a friend of twenty-five years’ standing, and that friend's wife. ““The court is of the opinion that such a case presents one of great public in- terest and concern and that the pub- lic is entitled to be informed in language as free from legal terminol- ogy as practicable and as simple as possible, what that case is, as it is presented to the court for judicial action, and the reasons for the court's opinion and judgment in the prem ises Neo Specific Instances. After proceeding with an exhaustive examinstion of the indictment, ths court points out that there is not, for instance. a single particular al leged as to in what respect the plans and specifications prepared by the de- fendant Geare were negligently pre- pared, nor a single fact or occur- rence is set forth to show the al- leged failure and neglect on the part of Geare to exercise the general di- rection and supervision of the work on/ the theater, and this is true, as he who runs may read, of each one of the charges of failure and neglect made against each of the other four defendants. How. for instance, 18 the defendant Ford given a clue as to his act or acts of negligence In the designing, fabricating and fur- nishing of the structural steel and iron for the operation? Is it meant v the charge against him to say hat he negligently utterly failed to design, fabricate and furnish the structural steel and iron and. there- fore, did not furnish any structural steel and iron at all, or is it in- tended to inform him that he did supply it, but did it negligently? Did his negligence consist in the de- signing of the steel and iron or In its fabrication or in its delivery? Would he, if compelled to go to trial on such an indictment, have any in- formation communicated to him by the indictment. beyond the conclu- sions of the pleader that he failed to do some one or all of the particular things he is said to have undertaken? What Hint of Faflure. And then if we consider the matter from the standpoint of the averments of the indictment that each of the defendants undertook to do and per- form what he and the others were to do and perform, what hint has any one of the defendants in what partic- ular he failed and neglected to carry out that part of the allegad obliga- tlon? For instance, the defendant Fletcher is alleged to have undertaken to furnish not only the cement and concrete and brick and stone and hol- low tile, but he was also to see to it that the defendant Wallace wouid supervise generally and supervise the construction, etc., of the theater, and that the defendant Downman would examine and inspect it in the course of its construction. At what point and in what connection or at any point lor in any connection did Fletcher fail and neglect to caxry cut this portion of his undertaking? For if the court has correctly interpreted the language of the person drawing the indictment, Fletcher was to see to it that Wallac did supervise generally and supervise the construction of the theater. And, of course, in doing this he, Wallace. had to see to it that Fletcher did hi part, and Fletcher as to see that Waliace saw to it that he. Fletcher, did his part. And Fletcher was also to see to it that Downman examined and inspected the theater In the course of its construction therefore, of course, was to examine the work that Fletcher particularly undertook to do, and Fletcher was required to see to it that Downman examined and inspected the work that Fletcher was . And 0 we might g0 on making substantially the same comments wi Tespect to each and all of the defend- ants, but it does not seem necessary or desirable. The Government's Case. It is Insisted on behalf of the gov- ernment that a general charge of failure and mneglect to do the things undertaken by each and all of the de- fendants is all that is necessary, and the government's representatives have called the court’s attention to & number of cases which, it imin- sisted, sustain this contention, and they say-that it 1s enough if the ul- timate fact beieharged, and in this eII:: that ull fact is negligence. this Joint responsibillty, but, according | Bo¢ to Justice Siddons, does not show what act of negligence was committed or by ‘Therefore. er_one hax been negliges: or inucd cu Tage 2, Coluams. 5