Evening Star Newspaper, February 26, 1923, Page 2

* PEPGO VALUATION HEARING IS BEGUN U. S. Supreme Court Listens to Arguments on Questions It Propounded. THREE POINTS AT ISSUE| Utilities Commission Attorneys Contend Tribunal Has Proper Jurisdiction. Heuring of the case of the Pubiic Util- ides Commission of the District of Co. lumble against the Potomac Power Company was started United States Supreme Court The case v the valuation of the company’s property by the commission, upon which electric rutes uve fixed. Corporation C. Stephen and C. H. Syme appe mission und Garver John -ompany The argu in dressed to questions which the court propounded to the partics to the sut at previous hedring, namely, whether (‘ongress can vest ourt 16 power to review the proccedings of Public viewing the tm the s today tight unsel John A the Bowen, S, Harbour Case W 3 Commission act creuting the commis- r an appeal can est court until final Judgn nas been pronounced in the District Court of Appeals, whether such judgment fs final Contention of Counuel. Counsel for the Public Utilities Commission, in t briet, contended that appellate jurisdiction rested in the case under Article TII, s of tho Constitution. which extends jurisdiction “cases arising under “he Consti or under the laws of the United States” Tho prosent controversy, 1t submitted, 13 a ase within the meaning of the Con- itution unless it presents a case of hat is really eriginal jurisdiction. or unless it is an attempt to impose administrative legislative dutles on the board present litigation” counsel case arising both under also under a law and this court to of the United States has appellate jurisdl e to the se 10 the necessity of in the lower court, the brief for the commission argued that thers 1s nothing in the Constitution which re- quires a final judgment s a neces- sary element for the exerclse of the Apmellate power of the Supreme Court. On the third que: judgrient was a: ( .ention of Judgment. “It is questionable whether this judgment is a final judgment in form, but there cannot be much doubt, how ver, that it_was « final judgment fn substance. The Court of Appeals held that the sston and Suprem: Court of the District of Columbla both erred in a fundamental respect in arriying at & reproduction value of the company's property and in_ not giving proper weight to the high costs prevailing between the first day of July, 1914, the day fixed by the commission for the reproduction, and December 31, 1916, as of which time the final valuation was made by the commission. The commi s of fair value was $11,231,170.43. reproduction valus claimed by company was § 38 “With this disy 1 apparent that was the most serlous element of the case. Under the rullng of the Court of Appeals the Supreme Court of the District ap- parently could do nothing but issue an injunction againet the commission from ‘using or putting into force its valuation as a basis for the making of rates. “By an early decision of this court, in Grant vs. Phoenix Insurance Com- pany, it was then established, and it has been consistently adhered to ever since, that a final decree or judgment, for the purposes of appeal to this court, is one that terminates the con troversy ‘on the merits of the case, 2nd that a judgment or decree 19 final on the merits when it is final ‘on all matters within the pleadings.’ Steps in Trial “In the instant case the petition Aed in the trial court prayed. that rhe valuation fixed by the Public Util- ities Commission be vacated and set aside as unlawful, inadequate, and un- veasonable, and that the commission be enjoined from attempting to put into operation any rates based thereon, The trial court sustalned the valua- tion and dismissed the petition. The Court of Appeals reversed the judg- ment of the trial court, holding, in Aubstance, that the valuation was un- lawful, inadequate. and unreasonable through failure to fix the valuation as of December 31, 1916, and remand- ed the case ‘for further proceedings not inconsistent with this opinion.’ This was a disposal of the case upon the merits of the controversy. “The power company prayed to have the valuation set aside and the Court of Appeals granted that relief. The controversy was thus ended, inasmuch 8 it was utterly beyond the power of the trial court to make a new val- uation and the only function that ceurt could perform would be the ministerial one of entering the decree of the Court of Appeals vacating the valuation. Trial Court Function. “The trial court could not direct the commission to make a new valuation, as that would be a legislative func- tion. If the commission should pro- ceed to make a revaluation, giving effect to the elements of value de- clared legal by the Court of Appeals, the valuation would be an entirely new one, which would be the subject of a new proceeding in the equity court. “It follows, then, that the language used by the Court of Appeals in re- manding the case for further proceed- ings not inconsistent with its decision is purely formal, and that the func- tion of the court is ended when it de- cldes whether a proposed valuation or Tate 18 or is not confiscatory.” The Potomac Electric Power Com- panyie counsel, In their briet, answer- ng the questions in reverse of the order in which they were propounded, insisted that the judgment appealed from was final, and that the “Court of Appeals not only reversed the judgment of the lower court, but df rected that court to proceed in_ ac- cordance with its opinion. The deci- sion of the Court of Appeals was Dased upon two grounds: That the trial court did not exercise the pow- ars conferred upon it by the act; that the trial court erred in approving the valuation made by the commission as of a date anterior to the time when the valuation was made. Result of Deciston. *“If the decision of the Court of {Appeals had been based solely upon the first ground, its direction to the trial court to proceed accordingly ‘would have been in the nature of a direction for a new trial or rehearing and would not have constituted a final Judgment. “But in definitely declding that the trial court was in error in approving the date taken by the commission for determining the value of the prop- erty, the appellate court distinotly and finally determined the entire con- troversy and left nothing for the trial court to do but enter judgment sustaining the complaint, declaring the valuation mede by the commis- sion a nullity and setting it aside The ectric Power Company in- wisted that the court has jurisdlction ::l ;ur the appeal now pending and t o ShrcniTom arhion Comn question, & 1 judgme t ion as to whether the brief con- tinu; Eiectrie ! ed for the com- | by re- | a on 2, | < | sentative Evans of Nebraska concerning | figures it is THE EVENING DRY CHIEF KILLED. Alleged Assailant May Be Mortally Wounded in West Virginia. CHARLESTON, W. Va, February 26—T. E. Rutherford of Mullens, state deputy prohibition commis- sioner, was shot and killed and his alleged ussatlant probably mortally wounded during a liquor rald yester- day in Wyoming county, prohibition | headquarters announced today. BLANTONSAYSD.C. | HILDREN ARE BY . ADAe THE WARDS' OF THENAT) * SIRPLUS IS {House Member Denies Treas- ! ury Is Holding Money Be- | - : longing to Capital. Deciariug that six years of careful | onsideration has convinced him that | “the so-called surplus of $4,438,154.92, {alleged to be due by the United States jgovernment to the District of Colum- bia, is & myth, a sham and a fraud ttempted to be perpetrated upon the joint select committee. upon Con- |gress and upon the government by certain avari cltizens of Wash- lington, which, if permitted, would constitute a shameful outrage that borders almost upon o crime against the patient, long-suffering people of {our natio: i le PRESIDENT T0LD OF NNARY PROBE Senator Couzens Sends De- tails of Charges Against Nominee for Controller. Representative Thomas | { L« Blanton. democrat. of Texas, today ! lflle a winor! eport from the House | {District committea on the Hardy bill 1 i vould make 4 s avall- able for District user SorPIu avall Representative Blanton in his re- port complains that the action of the District committes in reporting out the Hardy bill was done without the | presence of a quorum and explains | that the uction was taken after he | had left the committes with the un- | derstanding that the business for the day was complote. %! that time there was no quorum present,” he said, “and the committes Wes sitting and acting without au- thority. for the Houso had never granted authority to the committee to sit during sessions of the House. He also protested that no hearings were had Ly tho House committea “None of the few members of the committee present had read cven the majority report of the special ect i ommittee,” Mr. Blanton said. “None | jof them had conferred with Repre- | t A de statement of charges and evider against James G. Mc- ry, New Mexico Texas banker nominated to be controller of cur- rency, was sent to President Hard- ing today by Senator Couzens, re- publican, Michigan, chairman of the Senate banking subcommittee, which has been considering Mr. McNary's nomination. Committee members declared the tatement was not to be regarded as final report tea had cognizance of its submission i&nd it were of such a character as to “The OBly eXCuse Liver b \ort- | Present to the President the question ing out the bill, without hearing of | of the dvisability of insisting upon consideration. was the statement of | MI. McNary's confirmation Representative Zihlman of Marviand, | _The statement, it was suid, detailed that he had promised Representative | the evidence secured Ly the subcom- Hardy to report it out. m “This ridiculous half-page report, ary and others regarding the bank- Representative Blanton's minority re-; ing transactions of Mr. Mc) port states, “shows that un amend- | other officers of the Kirst National ment in the Senate s to attach this| Bank of El Paso, of which Mr. Me- $4.438,154.92 unjust legislatlon upon | Nary was president the deficiency bill, which this House Loans made from the funds of the !is reading under the five-minute rule, |bank and from other sources to Mr. | The evident intention is to pass it{McNary were passed under review, without debate cluding correspondence on the sub- | “Only day before yesterday Repre-|ject between the bank and the con- sentative Evans secured permission to |troiler's office in Washington. print his minority report and the| One banking transaction of Mr. Mc- |same has just appeared in the Con-|Nary's under review involved a loan | gressional ‘Record. The membership |of $114,000, sald to have been made of the House has not yet had time to|to him by a New York bank on a read it, much less to study it § Mexi n sugar deal. Mr. McNary was —_—— reported to have insisted before the ON HINT TO RESUME REPARATIONS TALK withdraw tho nomination, in View of ithe evidence contained in Senator (Continued from First Page.) Couzens' statement remained uncer- tain today, but the general pregdiction French, but most of them were re- leased. among senators was that, {n any case, Bochum from the beginning has confirmation before the end of the session would be impossible. stubbornly refused to comply gquietly ‘with many orders of the French com- EX-CROWN PRINCE DENIES EXPOSING “ESCAPADES” mand and there has been more or less trouble. Owing to the fact that the Disclaims Part in Publishing Book oberburgomaster had disregarded cer- tain requisitions by fl:z French he Relating to Women of Ante- and twenty-two membew of the city ocouncil were arrested Friday during Wk Bapewivd St thie sitting o thelcounoil. By Wireless to The Star and Chicago Dady News. Copyright, 1923. peThe French have taken over the eadquarters of the chamber of com- 5 ix-Crown merce and searched the building for{ BERLIN, February 26.—Ex-Cr secrat docum:nm It was this or- | Prince Frederick Willlam has just {s- ganization which was presumed to Rave Inaugurated the boycott which |Sucd & denlal that he uu:.;o:n:ged - began at Bochum against the French |0y Way with a book entitle praen and Belglans and spread to other{Around the Crown Prince,” written by towns in the Ruhr, The chamber 18|an anonymous author. Through his supposed to have been alding the|gije-de-camp he Informs the Berlin Germans generally. The newspapers | newspapers that neither he nor any claim the chamber building and its{perun ever connected with his court furniture and paintings were unnec-|}us had anything to do with this book, essarily damaged by the troops. The|ghich deals with the alleged eacapades the minority report he was going to {fle againet the alieged. surius: papers head their articles dealin| war. With the situstion with ‘New wilg [Of the prince before the war. Weat Scenea in Bochum,” and stmilar sy HOUSE FIGHT RAGES By the Associated Press. War Move Discussed. \BERLIN, February 26_Discussing AS GALLERIES URGE the prospects of a formal declaration of war by France, Vorwaerts says TEACHER PAY BILL this would merely ‘be an attempt to force Germany out of a position in which she had demonstrated her re- (Continued from First Page. sisting qualities into one which would resuit in swift and inevitable | model school system of the country,” defeat. For this reason, explains the | declared the resolutions at Cleveland. party organ, the German socialists| “We pledge to Congress our hearty will actively' oppose any attempt to|gupport of the legislation and she encourage Germany to take up armed | appropriations necessary to provide resistence, aside from the fact that|the nation’s capital a system of pub- such an undertaking would be wholly | Jjo education which shall exemplify outside the realm of physical possi-|to the nation the best in adminstra- bility. tion, supervision, business manage- A‘ r:‘lrtmu !gacln‘rtlth:{l otn:urlrvnu{d ment and teaching service,” the reso- not er e situation orally, in the opinion of Vorwasrts as Frince Iaclonsjcentimied: s virtually already levying war on UN( Germany ‘without having - formally | ~EDUCATORS IN COUNCIL. deciared it "thus forcing Germany to oppose her with the new method of . E. A. Departmen D ooved! Fesiitance Convention of N. E. A. t Opens, With 10,000 Present. RUM REPORTED SEIZED By the Amociated Prees. o CLEVELAND, Ohio, February 26.— ON DE MILLE’S YACHT | The annuai convention of the depart- — ment of superintendence of the Na- LOS ANGELES, Cal, February 26— | tional Education Association and a 2 score of allled organizations opened A quantity of high-priced lauor and | {1%up]ic Hall this morning with ap- rare wines was sald by customs offi- proximately 10,000 of the foremost clals to have been found on the Sea- | educators in the United States, rep- ward, a yacht owned by Cecll B, De|feSenting every state in the Union, d including in thelr ranks state Mille, motion picture producer, just|anq city school superintendents, cole returned from a voyage into Mexican | iege presidonts and professors and waters, schoof principals, in attendance. ‘Four. The Seaward returned_hes tur- | teen separato meetings will be he day from Bnsenada. Frank. S.‘ W, [in_hails and hotels during the day. Putnam, deputy collector of customs, Mflrninli afternoon and evening se! said Captain Edward McNary, skip- |sions will be held. per of the Seaward, assured him | This morning’s session was devoted there was no longer aboard, but that a |to the general toplc “Administering thorough search by & squad of cus-|Education in the Interests of the toms officlals proved to the contrary. | Children &nd the States. Ho said they found the liquors and [ A. E. Winship, editor of the Jour- wines in a secret compartment below | nal of Education, Boston, and John decks. No arrest has been made, but|Tigert, United States commissioner Putnam sald that hereafter all yachts | of education, discussed various phases peturning from Mexican ports would of the subjeit. Alvin M. Owaley, pa = o , American Legl — spoke on “What Constitutes American Citizenship.” gress could require this court to pass upon is & question which is not con- fined to the jurisdiction of this court CUT WIRES; ROB PLANT. alone, but extends to the or.l%lnu Ju- risdiction conferred upon th: preme | Robbers Fail, However, to Get Court ot the District, a8 well as upo the Court of Appeals. If Conn?e . Money at Hagerstown. Special Dispatch to The Star, had the power to confer jurisdiotion HAGERSTOWN, Md., February 26. upon the{ Dg:trll&z dsu reme Court {n a cage of ¢ 8 1 cus e Doy at also had the | i tting all telephons wires lsading from the bers eadly to- power to provide fof o review by the Mstrict Court of Appeals, and by this [ from the building, rob court, of the decislon of the Jower | day burglarized the ‘plant of the Im- court. e'o‘gl.l Ice Cr:rtl: tigmpu!. got .::l: “To deny this power and hold thaf & ania o the cass at bur presents no Justiclable |And other. property, but falled in-their controversy would be to ‘invalidate | Attempt to open the company's safe the entire aot. For Congress clearly SIich b THie O ot et ies ' w Stel intended, as an integral part of the | KeRt. act, to provide for a Dro¥npt uvh: The entire offlce was ransacked aft- of ‘the determinations and orders of | oF the door had been jimmied open. the commission; and this, indeed, it :duptb:uedn to 4:‘.."1'5: &m wlfl e ‘hn ‘o'm sound :‘0‘: o netruo of act, if|ear can cat made poasible, which will sustaim f¢~ vibrations, 44 ] although the commit- | ee from bank examiners, Mr. Mc- ! ary and ) STAR, WASHINGTO! D OF SCHOOL TEACHERS' PAY BILL. |MEASURE PROVIDES ; U. S. ENTER COURT (Continued from First Page.) the early future. The mefsage prob- ably reflects the reaction on the ex- ecutive mind of public opinion against { the weak and indefinite foreign policy | of the administratior | Gives Personal View. “It cannot now be stated what po- sition will be taken respecting his recommendation by democratic sen- lators, “My personal view has always been ithat the United States should mani- fest a epirit of helpfulness in the pro- motion of the orderly settlement of {Interrational disputes and that a ju- jdicial tribunal, under proper restric- ! tion, ‘may be constituted as the agent {most nearly in harmopy with our ingtitutions. Having declined membership in the league of nations, the President’s pro- posal now f{s substantially, that this government shall request the powers | composing the league of nations to modify their arrangements so that the United States may share fully the manent international court which !s one of the agencies of the league May Do U. S. Good. _“The President’s proposal certa a repudiation of the policy of no ticipation in European affalrs, conditions when the only questions Itkely to be considered by the court are Iluropean controversies—most of them political disputes. Certainly, the court survives the processes and conclusions are like | to arouse among Furopean peoples, i good and, in the future, may render helpful to_this country. Nothing appears in the immediats iprospect which indicates that the court may be asked to consider &ny dispute in which the United States is involved. “It is unfortunate that the message was not submitted sooner, especially since it appears on the face of the President's communication that the subject has been under consideration during the entire period that has passed since the adjournment of the arms conference—almost a year. “If the recommendation of the President is to be considered and act- ed upon within a short time, this will make necessary a special session of the Senate after the 4th of March. “My study of the subject, which has not yet been completed, has resulted in a feeling of friendliness to the proposal that the United States be- come a party to the convention. At the same time I realize that it mani- fests a policy of timidity and half- heartedness which deprives this gov- ernment of any credit for the creation of the court, and, because of the delay proposing to participate, convicts the administration of the charge that its foreign policy is characterized by hesitation and indecision. Moreover, adherence to the convention, even un- der the conditions proposed by the President, constitutes a practical recognition that the league of nations, in creating and maintaining the court of international justice, has rendered a service of value to mankind. “The subject is entitled, in my opin- fon, to friendly and patriotic consid- eration.” BRYAN ALSO APPROVES. service Believes President’s Proposals Do Not Go Far Enough, However. By the Assoctated Press. MIAMI, Fla, February 26.—William Jennings Bryan, while expressing his approval of the step taken by Presi- dent Harding in proposing that the United States take a conditional seat in the international court of the league of nations, in a statement to- day, said: “I think our actlon should be broader than the President's pro- posals. His appeal 18 only to the in- ternational court. That deals only with matters which can be arbitrated. I think that an investigation of all disputes is as necessary as the arbi- trated. I think that an investigation of all disputes 1s as necessary as the arbitration of those to which arbitra- tion can be applied and that, there- fore, we should be represented on the tribunal that investigates only and as well on that tribunal that decldes, reserving at all times the independ- of action as in the thirty treaties. ‘e cannot afford to allow our- lves to be bound by opinions of those who represent other nations because their colonial ambitions and commercial aspirations are different from ours.” EX-EGYPTIAN PREMIER NOT TO FORM MINISTRY Adly Yeghen Pasha Declines Task Because of Lack of Unity on Sudan. CAIRO, Egypt, February 26— Adly Yeghen Pasha, former premler, had Informed the Ilfberal constitu- tional council that he declines to ao- cept the task of forming a ministry. Among the more important aims Adly had In view if he accepted the pro- osal to form a new minist WaS to Frao the country from the tetiers with which the late ministry had tied it regarding the question of the Sudan. Untortunately, he said, he found cer- tain political quarters unprepared even to make a temporary maorifice in party differences and therefore he refused to organise & new cabinet. A dispatch from Cairo, February §, ot *'the “krgyptian mitnistry . had tendered its resignation to Kin, Fuad, but that the king had declin: to acocept it. It was added that tbe crisis arose through differences with Great Britain over the Budan. OFFICIAL STEALS MILLIONS. LONDON, February 26.—A dispatch to The Times from Munich, Ba: ““1 says a senior post office offoial o Munich has been arrested on a charge of tampering with the malls. It s searoh of his room re- rth of American, British and other y and that it s su only a fraoction of the has besn stolen from nce it comes at a time and under | it} jealoustes, | prejudices and resentments which ity | may become an instrument for great | somewhat remote BULL GORES TOREADOR. | 1 Exhibitor at Benefit Performsnce! in Lima Badly Hurt. | LIMA, Peru, February Ignacio | Sanchez MeJlas, noted Spanish bull-| fighter, was badly gored by his H )bull at a benefit performance | yesterday His condition f{s ser {The toreador was similarly i jat a corrida In Mexico ity uary, 1922 SEARCH IN VAN FOR KIDNAPED GIRL Philadelphia Police Believe | | Six-Year-0Id Victim of At- | responsibilities of action by the per- | tacker Was Killed. IS MADE! {ONE ARREST | Five-Year-0ld Sister, Who Escaped After Il Treatment, Iden- tifies Man By tie Ausoctated Press. PHILADELPHIA, Februars Search for six-year-old Lillian Gil more, who, with her five-year-old sis- ter Dorothy, was kidnaped from in front of her home Saturday, driven in an automnobile to the outskirts of the city and assaulted, was continued to- day. The pclicehad orders to examine all vacant houses, lots, freight cars and any other place where the child or her body might be concealed. The Delaware river and nearby streams also were being dredged. The condition of Dorothy, who, after having been put out of the motor car In an isoiated section, made her way home and identified @ sus- pect as the man who had carried her and her sister off, was reported today as improved. Belleve Lillian Killed. Dorothy's story leads the police to belleve her sister was killed. She sald the man first attacked Lillian, threw her body “on the ice” then drove farther on and assaulted her. Lillian's body was covered with blood and her eyes were closed, Dorothy said. Wylle Morgan, identified by Dorothy as the kidnaper, is wanted In Texas on a similar charge, the police say. He was employed in & hat factory, is about thirty-elght years old, and is sald to have come to this city from Maud, Tex. Blood stains have been found on Morgan's clothing and on the rear at of his automobile, the police a: sert. The children are daughters of Mr. and Mrs. Robert Gillmore, who have five other children. AMERICANS LOOK 00D T0 FRENCH AS HUBBIES Paris “Eve” Straw Vote Shows 14,000 of 20,000 Preferring New World Spouses. By the Associated Press. PARIS, February 26—The woman's weekly, Eve, recently in one of its issues, asked its readers two ques- tions. The first of these was what occupation they would prefer their husbands to follow, and the other, if they were not French, from what na- tionality they would choose a hus- band. Nearly 20,000 roplies were received on the second question, and in these nearly 14,000 women voted that they would choose an American for their helpmeet. ~France's allies made a poor showing on this question, Italy receiving onlx about 2,000 votes, while England received only 1,800 No other nation, aside from the United States, England and Italy, passed the 400 mark. The list closed with Tur- key, for whose subjects 18 women voted they had preference. On_the question of the occupation of a husband, the manufacturer was in the van with' 9,000 votes. He was fol- lowed by the scientist with 3,000, the banker with 3,000 and the moving plcture actor with 1,000. No other trade or profession reached the four- figure mark. The aviator was ninth on the list with 360 ballots, and the pugilist twelfth with 141. No votes were recelved from women who ‘would have army or navy officers or state employes as their husbands. ———— LAUDS UNION VETERAN. Last Confederate in House Pays Tribute at Memorial Service. ‘The last Confederate . veteran in the House paid tribue to the memory of the last Union veteran to serve in that bodx at the memorial services yesterdny. Rrepresentative Btedman, of North Carolina declared that the late Rep- resentative He Z. Osborne of Cali- fornia, thot levoted to the cause of the Union states, was entirely free from sectional bisa and num- bered among his warmest friends those who had fought under the ban- ners of Lee and Jackson. ides those for Mr, Oshorne, serv- foes were held for the late Repre- sentatives Sherman E. Burroughs of New Hampshire, Nestor Montoya of New Mexico and John I Nolan of Call- fornia, Becretary Hoever, whose home in Celifornie, :t'u the lnvle-"' C., MONDAY, FEBRUARY 26, 1923, MOTHERS WHO INVADED THE CAPITOL TODAY DEMANDING PASSAGE | ADMITS BIGAMY CHARGE. ASKS ANENDIENT T0 CONSTTUTON Resolution Provides Popular‘ Referendum on Changes in National Instrument. REPORTED TO SENATE| Possibility Seen of Action on Wads- worth Proposal Before Ad- journment of Congress. A resolution providing for submis- sion of another constitutional amend- ment, to provide for a popular ret endum on future constitutional changes, was reported out today by | the Senate judiciary committer. The committee voted, 8 to 1, with | Senator Ernst, republican, Kentucky, the only dissenter, to report the reso- lution, of which Senator Wadsworth, republican, New York, was the author. There was said to be some possibility of action by the Senate on the reso- lution before Congress adjourns. Text of Proposed Amendment. As reported by the committes, the popular referendum on all future con- stitutional revisions would be accom- plished under the following new ar- ticle to the Constitution: “Article —. The Congres: two-thirds of both houses it necessary, shall prop: ments to this Constitution, or on the application of the legislatures of two-thirds of the several states, shall call a convention for pr ng amendments, which, in either case, shall be valid to all intents and pur- poses, as part of this Constitution, when' ratified by the vote of the qualified electors in three-fourths of the several states, and that, until three-fourths of the states shail have rejected or defeated a proposed amendment, any state, in like manner, may change fits vote: Provided, that no state, without its consent, shall be deprived of its equal suffrage in the Senate.” NEPHEW OF POINCARE, BERLIN STUDENT,ROBBED First Chloroformed by Pair, Who Later Are Arrested—Depor- tation Demanded. whenever By Wireless to The Star and Chicago Daily News. Oopyright, 1923. BERLIN, February 26—A nephew of Premier Poincare of Franoe named Kesl, who {8 studying In the Berlin technical high school, was drugged and robbed by two Germans, whose booty included several letters writ- ten by the premier to his nephew. This was brought out in a Berlin ocourt, where these two Germans were tried for highway robbery and at- tempted manslaughter. One of the defendants was a man named Walter who had served M. Kesl as _valet when he lived at the Esplanade Hotel. Kesl obtained a private apartment through his former valvet, who, with an ‘accomplice, en- tered the room and chloroformed Kesl. The acoomplics became alarm- ed and called the police. Both were ted. Berlin Nationalist newspapers de- maend that Kesl #hall be expelled from Germany on account of his re- lationship to Poincare. — ONE KILLED IN BATTLE. Pmmpmm February 26— Frank Berger, alias Frank Watkins, of Pittsburgh, was shot and killed and John-Doyle, Philadeliphia, and Police- man Joseph Sunno were seriously in- Jjured in ‘a pistol battle In West Phil- adelphia early today. The police had surrounded a house where Berger, who was wanted in conection with a Chinatown murder a few weeks ago, roomed. When they entered it is alleged that Berger and Doyle opened fire, wounding Sunno. In an exchange of shots Berger was killed and Doyle badly hurt. ————— THEFT AT DISTILLERY. Masked Men Steal Sixty Barrels at Pistols’ Point. YORK, Pua, February 26.—Five masked men with pistols held up two guards at the Fourst distillery, near Glen Rook, yesterday while other members of their band loaded more than sixty barrels of whisky on mo- tor trucks and arove away. Govern- ment agents have failed to find & clue to the identity of the robbers. ‘This is the second big robbery at the Fourst plant, 181 barrels of whisky having been removed July 15 last. Twenty-four persons are under indictment for that offense. WEATHER DELAYS FLIGHT. DAYTON, Ohio, February 26.—Rain and snow predicted for the next two 'm.’nvflll attempts of Lieuts. John A. MacReady and ley Kelly, MoCook Field pilots, to better their world record for sustained fiying, it was announced last night. If weather conditions permit, the flight may be attempted later this week. The present record of 36 hours and 16 minutes was made by the two aviators agt fall at San Diego, Cal'f. Alleged Dry Law Officer Con- fronted by Two Wives. CINCINNATI, February 26.—James E. Haas, alias Dale, twenty-three, was arrested hers on complaint of Mrs. Venis Dubols Haas of Deland, Fla., Who charged that eleven days after she married him Haas left her and later married Mrs. Maudie Durman Huas of Tulsu, Okla. Haas, when confronted by tha two women, confessed, according to po- [lice. Haas was said to have been a | deputy prohibition enforcement officer of the Newtown, Ohlo, justice court. TROUBLE BREWING Discord Over Labor’s De- mand for Higher Pay Threat- ens Construction Plans. i ?FOUR TRADES INVOLVED %mfunl of Employers to Grant In- i creases May Lead to General i Strike, Is Belief. Discord bet | {several classes {bullding trades en contract and of employes 1 the of Washington over demands for increased wages is threatening to disrupt construction operations here at a time when the local building program s scheduled lto break existing records, it was {learned today. | Demands for higher wages bave been made by at least four branches of union building labor—electricians, |plumbers, steamfitters and carpenters {—and none of them Mas been met by the employers, it was disclosed. Refusal by employing associations to grant the increases asked has led to numerous conferences between com- Imittees representing both sides in ithe controversy, but the alleged u | willingness of ‘either party to con- jcede anything has brought about a serious situation. Strike Regarded Likely. Indications at present are that less demands of the employes are granted a general strike of electr clans, plumbers, steamfitiers and ca penters will be called with next few weeks, with consequent t ing up of building projects in Wase ington. Should the wages demanded by the men be agreed to by their employers, the cost of building i{n the capital au- tomatically will mount approximately 25 per cent, according to Howard P. Foley, secretary of the union sec of the Electrical Contractors’ Asso tion of Washington, which I8 an au {liary of the national assoclation of that name. The four branches of the buil: trade mentioned have asked for a wage boost to $1.25 an hour, learned. Electricians, plumb, steamfletters are now getting $1.061; an hour, while carpenters are being pald $1.05 an hour. The elect plumbers and steamfitters’ dem: are designed to take effect March 1. The carpenters want an increase by | May 1. Electricians Submit Demands. The increases for the electricians were _proposed in a commurication to the Electrical Contractors' Assoct, tion from Local Union, No. 26, Inter- national Brotherhood of Eleotrical Workers, dated December 19. Jan ary 29 the oontractors definitely re- fused to acoeds to this proposal. The ocontractors and union representatives held a conference at which the union’s justification plea. of “increased cost of living” was met with a citation of figures of the Department of Labor | tending to show that the electricians jare getting a higher wage now than living costs demand. A suggestion that a formal con- ference between representatives of employers and employes be held Thursday of this week was made to the contractors’ association, which re- plied that it would be unable to take part {n any such conferences this week but expressed willingness to confer some time later, when they bad had “time for arrangements.” Mr. Foley, representing the oon- tractors’ in the negotiations =o far in the electrical fleld, pointed out today that Department of Labor statistics show that the cost of living in Wash- ington December 29, last, was 59.5 per cent higher than in 1914. Figuring on a 59.5 per cent in- crease of wages to offset this, he said, the 60-cent-an-hour wage paid the ‘electriclans in 1914 should have been raised to around $1 an hour for present conditions. They are re- ceiving more than this now, he stated, and are asking $1.25 an hour. Compromise Oftered Carpenters. Demands of . the carpenters for $1.25 an hour have resulted in a com- promise offer by their employers of $1.1234 an hour, which has been re- fused by the men, it was disclosed today by Andrew Murray, represent- ing the’ contractors. Negotiations between the plumbers and steamfitters, on one hand, and building contractors, on the other, are still incomplete, it is understood, but indications were that conditions were tense. Mr. Foley sald today the electrical labor dispute probably would be car- rfed before the national bodies of both parties and that the result would be the appointment of committees by thé International Brotherhood of Eleotrical Workers and the Llectrical Contractors Assoclation, to conciliate the differences. Cally Rate Unreasonable. Mr, Foley expressed the opinion that such a committee could not fail to be convinced that the demands of the electricians are beyond reason. “He has collected a mass of figures re. garding the cost of living here, at preseyt and before the war, and cor- responding wage scales, the purport of which is to show that electricians should now be receiving from 96 cents to $1 an hour, instead of the present rate of $1.06%. It was ascertained in union circles this afternoon that the situation as disclosed relative to wage troubles 'as correct. There has been no “strike” talk, it was stated, but the men are determined to obtain what they term “just treatment” from their employers. PLEADS FOR SWEET BILL. Cook Wants Enactment of Measure to Aid Veterans. Enactment at this session of Con- gress of the Bweet bill for liberaliza- tion of the Veterans' Bureau act is urged by C. Hamilton Cook, national commander of the Disabled American Veterans, who said he had appealed to Representative Mondell, Wyoming, the republican leader, to use his in- fiuence to obtain House action on the measure, which has been approved by the commerce committee. “In extending the period that tupercular and mental disabilities are assumed to be traceable to service from two to three years,” Mr. Cook declared, In & statement, “that com- mittee has acted wisely and placed iands within the benefits of the POUGHKEEPSIE, N. Y., February 26 —Abner -Hopkins Merrill, eighty, retired yxuf r - géneral of " the Vnited Stafles’ Army, died vesterday. FORD.C. BULDERS IFORBES WELCOMES PROBE OF BUREAU Will Remain Here to “See Through” Investigation of | Veterans’ Organization. {HAS NOTHING TO CONCEAL | Director of Work for Soldiers, Ouf | of Office Wednesday, Will See President. |_Director Charles R Forbes o { Veterans' Bureau, who returned { hig desk today from a European tour | deciared that although his resigna jtion as director takes effect on Feb 28, he would remain in Waeh through” the co: ation of his burea to conceal | ington gressional inves | i fwas called charges of {irregularities in connection with hos 2pua.’!, supplies and contracts oon sidered by the special committee o dered by th 1al ittee of !the Senate which reported out tha {resolution to investigate the bure. { Col. Forbes will not go to a sai | tarium for his health, as has been re jtrary de he felt in trim fo i stigation fe further i would stigation disprove Plans to See President. Col_Forbes plannad to see I dent Harding today to talk o problems the Veterans® Burean { , it was understood | ith the Presid | proposed | but also { m | i er the plans for reorganizatios of the government departments re ported by the President to the join congressional committee the V. erans’ Bureau would be placed in the department of education and welfare bes flatly denled that thers d that, to his ial move t by the Senat~ in Europe. | not learn of it, the c: { his return. Special {nves gators of the Veterans' Bureau, it was sald, had been for months following up all kinds of suspected irregular ies No Hospital Irregularities. =n asked if these special inves: gators had ever discovered irre larities in connection with hospita km ;:r-',s. Col. Forbes replied in the ! ' Bureau expected, a to present plans, Col. Forbes . to spend $100,000,000 less during | the coming fiscal vear than was ex pended the present fiscal year. This ‘ould be accomplished, he indicated n econo program involv re; , reorganizatior & up of contract hospitals ana re careful eystem of purchases |GYPSY BABE DYING IN SQUALOR NEAR WHITE ! HOUSE AMID COLD \Continued from First Page.) silken comforts on the floor. Not en much as a chair or table, or carpe, relleved the barren, dismal appear- ance of the room. The mantle was littered with medicine bottles and on the floor beside each pallet were glasses, some containing a few drops of coffee. Crumbs around the glasses told what that family's festive board as. The afr in a room directly behind this one was so foul that the phy siclan and an_assistant who accom panied him, were obliged to hold handkerchiefs to their nostrils and mouths. Over the floor were scattersd bits of decaying food and bottles filled with decaying refuse rested hers and thers. The shutters of the room's only window were closed and the window itself locked. Planned Florida Trip. Yet the gypsies talked of going to Miami for the remainder of the win ter, shook their heads and made ths golden neckiaces around their throats tinkle. John Mitcheom, the father and leader, explained that he had plenty of money and would gladly pa; to have his child placed in a hospital. He had tried, but because it had first been stricken with whooping cough it must be sent to a contagious dis ease ward, and thess were filled, the man said he was told. “Theesa place, she no gude for tho keed,” he continued in broken Eng.: lish.’ “Pleesa help me get her in hos pital—I pay well, plenty money—and when she gets better we all motor to Miam{—Florida, you know. We have nice automobile, and then, when weather here get better, we maybeso drive back again. If you theenk bes’. call in more doctor, but don’ letta my leetle Mary die.” Valuable Necklace. The doctor’s assistant picked up on of the golden necklaces one of the ibung girls had just removed. It was eavy and must have been worth considerable. ‘How much asked. “Each of those,” said the girl, indl- cating gold pieces the size of an Amer- ican 650-cent piece, “is worth more thar twenty dollars.” ‘That necklace contained more than twenty such pleces The other women were similarly adorned, and one wore a handsome silver bracelet on each arm. 1t reminded one of the wedding dowry of the Turkish girl, who strings her money into similar necklaces to take with her to the harem of her lord and master. It never does her any good but “looks pretty. Visiting Nurses Notified. ‘The doctor did what he could for the baby and notified the Visiting Nurse Socliety of the pitiable condi- tion of the family's living quarters. Then he had his assistants placs handkerchiefs once more over their nostrils, picked their way through the dust and rags of the stairs and in a moment were breathing the pure. fresh air of outdoors. “People might have a right to live as they please,” the dootor grumbled, “but that place 1e so fllthy it is & menace to the community. “A persor has to sce a scene like that to be lieve it—and all that wealth, too. OLD HAT BALLOT BOX CAUSES ELECTION ROW Defeated Hagerstown Candidate Also Charges Polls Opened Too Early. Special Dispatch to The Star. HAGERSTOWN, February :6 Charging irregularities in Saturday night's primaries for councilman can didate here, Moses Saltzman, defeated candidate in ward 5, will contest if An old hat for a ballot box, opening the polls half an hour before the ad vertised time and other irregularities are charged by Saltzman. A minister of the gospel, who came to cast his ballot, refuged to vote when he ob- served how the primary was being conducted. - i jan is that worth? he