Evening Star Newspaper, August 28, 1923, Page 1

‘ WEATHER. Showers tonight and probably Wed/ nesday morning, followed by clearing and cooler during Wednesday; tem- perature for twenty-four at 2 p.m. today: Highest, yesterday; lowest, 70, at day. Full report on page hours endgd 87, at 4 pm. 4:30 a.m. fo- 7. / | = = 4 Closing N. Y. Stocks and Bands, f’lge 22 — e Entered as second<lass matter post ottice Washi, on, D C. WASHINGTO WITH MINE OWNERS N PEAGE EFFOR Later Today Will Hear Miners in Second Parley—Silent on Course of Hearings. TERMS OF COMPROMISE KEPT CLOSELY SECRET Officis]l and Unofficial Advisers Aid Governor in Attempt for Ceal Peace. By the Associated P - HARRISBURG, - Pa., August 28.— Gov. Pinchot concluded today the Airst{mining s carried out September 1,| lwere launched by Federal Fuel Ad-| | ministrator Wadleigh here today at| stage of his mediation in the anthra- cite wage controversy, which threat- ens to tie up the mines September 1. In an executive rly three hours long he heard the spokesmen of the anthracite operators, who e pl d to him why they have to dat offercd sqlely arbitration to satisfy the union demands. The miners’ rep- resentatiwes he saw yesterday. Again at the conclusion of the meet- fng toZay the governor was silent 8s to ‘the course of discussion. He did, hewever, announce that he would later in the day see both sides again f.eparately. Observers considered yossible that at the later sessions vould advance his own proposal smpromising the differences. | terms of the expected compromise tion were kept closely secret. The union demand for a $2-a-da crease for workers paid by the day and per cent increase in the contract Tates for mining coal, along With the “check-off” system of dues collection, have not been reduced at the sessions with the governor. Confers With Advisers. Gov. Pinchot, in the Intervals between his conferences today, was engaged in consulting _with official and unofti advisers upon the course which m pursued. He had invited “some qualified by special experlenee” to sist him, he said, as well as the repre- eentatives of the Federal Coal Commis- sion lent by Washington authorities. W. Jett Lauck, former chairman of the War Labor Board and economic udviser to the United Mine Workers during arbitration proceedings, and W. B. Colver, former chairman of the F cral Trade Commission, which co ducted cost accounting investigati into the mining fleld during Mr. Colv tenure of office, were among the per- sons to whom the Governor referred. Miners Give Stand. Miners' union officlals who have is- sued notice to the 158,000 miners to cease work at midnight, August 31, expiained yesterday the reasons which have actuated them in refus- ing to proceed ‘with wage contract negotiations, and today he was to get 1he employers’ side of the question. Other than to serve notice upon both sides that the public interest required and would obtain a settle- ment of the issues without a stop- page in coal supply, Gov. Plnchot has held his peace. His attitude, he sald, 50 far is that of an official who is first hearing representations from all con- cerned. At the second meeting with the union leaders, which will come late today, it is suggested that he may take the initiative and offer a compremise upon which he will ask their. vie The viewpoints the miners and ope- rators brought to Gov. Pinchot's mediation effort were unchanged. The employers have offered arbitration; the union, demanding a wage increase of 20 cent for piece rates and €2 for day employes, and off” system for has_only. te 1 Page 2, Column 4.) session ne: men [ WHITE HOUSE SEES MINE PEACE NEAR President Said to Be Pleased at Progress of Parley With Pinchot. Good progress is being made toward a settlement of the threatened strike In the ahthracite coal zone of Penn- sylvania, a White House spokesman sald today. President Coolidge was represented as seeing no reason to change his expressed hope that an adjustment in the controversy would be reached before September 1. The government, this spokesman declared, is using every agency at its tommand, and bringing every pos- sible pressure to bear on both oper- ators and miners to prevent an actual shutdown of the anthracite mines. At the same time, it was pointed out, the government has not yet of- fered a suggestion or a plan for com- promise, leaving the entire matter at the present time in the hands of Gov. Pinchot of Pennsylvania and his as. soclates, who are working toward mediation. Appreciate Efforts. Prosident Coolidge was repretented as feeling that Gov. Pinchot has done b great public service in attempting | at the eleventh hour to bring both | sides together around the conference table in an effort to prevent a strike. Action _in the anthracite controversy so far has been of a joint nature, with the national government init{ating moves toward conciliation and then permitting the matter to rest in the hanas- of the state authorities of Pennsylvania. | Jurisdiction of the United States government in the controversy thus far has been indirect, but the White House spokesman gave no light on future developments in case Gov. Pinchot's conference fails of definite results. Actual mining of coal, the opera- tions required to bring coal to the surface of the ground, the spokesman id, has been held by the Supreme Court of the United States to be a state function and not an interstate function. Gov. Pinchot's efforts to reach an agreement coincide with this decision, it was pointed out, and he should be publicly commended. The President was represented as feeling that the Pennsylvania executive has done a worthy public act in calling the conference. 1 LAUNCH ELABORATE PLAN .TO ASSURE PUBLIC FUEL ‘Governors’ Conference Drawing Up Far-' Reaching Method to Prevent Suffering During Winter. By the Associated Press. NEW YORK, August 28.—Gov- ernors and governors’ representa- tives of the anthracite-consuming states, conferring here today, adopted a resolution submitted by Gov. Cox of Massachusetts pledg- ing fullest co-operation with Fed- | eral Fuel Administrator Wadleigh in his efforts to supply the country with fuel in the event of the threatened suspension of anthra- cite coal mining September 1. By the Associated Pross NEW YORK, August 28.—Plans for an elaborate organization to save the jeastern and middle Atlantic states from suffering, in the event the threatened suspension of anthracite a conference with representatives of the governors of eleven states, coal-carrying railroads, the ates jother agencies that are to aid in the mergenc | Mr. Wadleigh laid before the fifty {or more representatives a plan worked out. in the main, by James C. Brydon, president of the Bituminous Oper- jators’ Association. The program had two important effecting smooth distribution SHIP OWNERS ASK END OF FEDERAL FLEET OPERATION Present Plan- for Ultimate " Private Purchase, With U. S. Bearing Loss Now. Government operation of the Ship- ping Board's merchant fleet was op- posed, and the plan of the American steamship owners for operation and ultimate purchase of the fleet was advocated instead by representative: of the steamship owners and manag- Ing operators at a conference today with members of the board. Gale H. Carter, vice president of the steamship owners' assoclation and president of the Pacific Mall Steamship Company, declared that “all business men” agree the govern- ment cannot conduct a commercial en- terprise “as efficlently as private citi- zens ekilled in the business.” He ex- pressed the opinion that representa- tives of the board and of the opera- tors could, working together. even- tually evolve a plan for operation and ultimate private ownership. The | losses suffered by the board, he said, {could thus be materlally reduced and the board gradually retired from the shipping business “and left free to cxercise its proper governmental function as a supervisory body.” British Success. | “We call your attention to the fact,” |he added, “that the maritime su- premacy of Great Britain is largely due to the close co-operation between the government and the private ship owners. Ira A. Canipbell, general counsel for the owners, in submitting a brief in defense of the operators’ plan, which the board recently rejected, charged that under the government operation political considerations in- terfered with the board’s officiency. Commissioner Thompson immediately demanded that specific instances of political interference be cited, and Mr. Campbell replied that men had been placed on ships at the behest of representatives and senators, and even members of the board, who were not experienced in shipping matters and were otherwise incompetent. ‘Want U, S. to Bear Lows. Commissioners ~ Plummer and Thompson and Chairman Farley al! made emphatic denial that such a sit- uation existed. Much of Mr. Campbell's argument was devoted to explaining the own- ers' plan, under which the govern- ment would assume all the losses for a period of vears, and the operators, after payment of certain expenses, would devote the net profits to a fund for the ultimate purchase of the ships. { The present losses, amounting to approximately $50,000,000 annually, he said, would be materially reduced through private operation, and the government advances to the owners under the plan would be less than under government operation. ‘Would Share Losses. Charles H. Potter of the Potter Steamship Line presented a plan providing that the operating agents of Shipping Board vessels share both losses and profits with the govern- ment, and in the same proportion. In addition, managing operators would receive a monthly husbanding fee plus a standard operating figure to be paid by the governmentyon the basis of the average losses, over a period to be agreed upon. If there were no losses, only the husbanding fee would be paid. Speaking for the operators, Mr. | Potter also urged revision of the Shipping Board’s contemplated route consolidation. Chairman Farley asked the owners and operators to “get to- Bether on a concrete plan” to submit to the board later. Mr. Campbell told the board that wedded to their plan,” but were pre- pared to accept any plan that would accomplish the operation of an Ameri- can merchant marine under private ownership. WARSHIP GIVEN UP AS LOST. MADRID, August 28.—The Spanish dreadnaught Espana, which went aground in a fog on Cape Tres Forcas on the Moroccan coast last Saturday, has been given up as lost. The ve sel is lying at a sharp angle, with no chance of being refloated, and her guns and other equipment are being salvaged. The Espana _displaced 15,700 tons, and was launched in 1913. the | Uhnited | bureau of mines and various | the owners he represented were “not | throughout the affected area of such anthracite coal as Is avallable of bituminous coal and of fuel oil and other substitutes for the regular anthracite supply. Second, inauguration of a wide- spread campaign of education to in- duce the public to conserve fuel and | {to teach them how to use hard coal substitutes. One of the suggestions, it was re- ported, was that the United States bureau of mines send engineers to various communities to meet dealers, consumers and civil officials, and of- fer expert advice on the use of sub- stitutes Contrary to earller reports, the con- ference was not attended in person by governors of any of the states in- volved. All, however, sent repre- sentatives authorized to act for them, | Among the agencies represented | were the American Rallway Associa- tion, officials of all the coal-carrying railroads of the eastern and middle Atlantic states, Natlonal Coal Asso- clation, American Wholesale Coal As soclation, National Retall Coal Mer- chants’ Association, American Petro- leum_Institute, American Federation of Engineering Societies and the United States bureau of mines. State executives who were here for |the conference in person included Gov. | Cox of Massachusetts, Gov. Temple- ton of Connecticut, Gov. Flynn of Rhode Island and Gov. Proctor of Vermont New Hampshire and Maine were jrepresented. respectively, by James . Storr and Andrew P. Lane. Penn- nia, Delaware, Maryland and New Jersey also were represented. PRESIDENT SEEKS TOMAKE RECORDIN FEDERAL ECONOMY 'Determined to Cut Costs, But | Bonus Issue May Prevent | Tax Reduction. BY DAVID LAWRENCE. Enough has been said by President Coolidge in conference with his cabi- net and with members of Congress to | {indicate that he wants to make u! jrecord of economy in government ex- ipenditures. He has selected this as his first major objective. Chafrman | Madden 8t the Houss eommittes on appropriations, after consultation | with Secretary of the Treasury Mel- lon, has given a hint of Mr. Coolidge’s | second objective—reduction of tax- ation, if possible. While these two things might seem to be iInterwoven, there is still a| third problem which overshadows them both—the soldier bonus. Al- though nobody has said much about | it publicly, 4t is a fact that hardly | |a discussion develops among govern- ment officials about fiscal affairs that | doesn't wind up in the vagaries of { whether Congress will or will not | demand a bonus bill and pass it over | a Presidentlal veto, if Mr. Coolidge | should object. Favored State Bonus. The President has not made known {his attitude on the bonus, and prob- | ably will not do so until he finds him- self compelled to speak. While Gov+ |ernor of Massachusetts Mr. Coolidge signed a bonus bill, so in principle at least he favors it. Thus the whol ! matter resolves itself for him into question of whether the government can afford a bonus. That's where the | leignificance of Chairman Madden's | statement lies. Mr. Madden opposed | the bonus last session. He now comes | out in favor of a program of reducing | taxation. Having proposéd tax reduc- tions immediately after talking with the President and Secretary of the Treasury makes it possible to draw the conclusion that he has the moral | support of the Executive in his proj- | ie(‘l. taxation if at the same time the gov- ernment undertakes added financial |burdens in the form of soldiers’ com- Ipensation. Which course, therefore, ! should the federal government take? Should it continue as at present and | squeeze a bonus out of the revenue | Now coming in, especially when the | administration has in the last two | years not only been able to balance the budget, but actually show a sur- plus? _Or ‘should the administration (Continued on Page 2, Column 1.) GANG BATTLE RAGES IN NEW YORK STREETI " i “Kid Dropper” Clan and Enemy Fight Outside Courtroom; Several Members Shot. By the Associated Press. NEW YORK, August 28.—Several |{men were shot during a gang fight joutside Essex Market court today soon after seven members of the no- | torlous “Kid Dropper” gang had been | discharged because of inability to jconnect them with a shooting last |week. The courtroom was thrown into an uproar. A call was sent for {police reserves and ambulances. | | Members of the gang surrounded a itaxicab which was carrying away some of those discharged. The chaut- feur and some of the occupants of the cab were among those shot. The gangsters were arrested last Thursday night on suspicion of hav- ing acted in concert in the shooting of Willlam Weiss and Gussie Schwartsz. At that time the courtroom was heavily guarded and the .police at the doors searched several persons for concealed weapons as they en- tered, The precautions were the re- sult of a tip that there would be an attempt by remaining members of the, gang to resoue the prisoners Jack Kaplan, allas “Kid Di leader of the gang, wi and died at a hospital, T, shot twice i ON MONEY DENAND 1 But there can be no reduction of 3 " WITH SUNDAY MORNING EDITION o) Joy BELGIUM STANDING FIRM WITH FRANGE D. Reply to British on Repara- tion Contends Ruhr Seizure Legal Under Treaty. DEFENDS PRIORITY CLAIM AGREED AT CONFERENCE Answers Britain’s Claim Belgians Have Been Unduly Favored Thus Far. 1o Assoclated Press. 3 TARIS. August 28.—The ~Belgian government In its reply to the last British reparations note stands with France on the principal points of contention, maintaining that the le- gality of the Ruhr occupation has been | established by the previous action of the allies, including Great Britain, and that evacuation of the Ruhr val- ley is impossible on simple promises from German: Forelgn Minister Jaspar asserts that “that whole problem of repara- tions and the question of interallied Gebts are definitely bound together,” and he proposes a new method of procedure in the negotiations, sug- gesting conversations among the al- lies, without reverting to the old sys- tem of conferences.” AL Jaspar remarks that if a reduc- tion in Germany's debt is necessary, the balamce she s obliged to pay| ought to apply to material damages | only. This might be understood as meaning the elimination of pensions from- the allied claims on Germany, thus reducing the British share to an infinitely small percentage. Dwells on Justice, The reply, given out at the Belgian embassy here this morning, dwells particularly upon the justice of Bel- | glum’s claim to priority in repara- tions payment. It points out that thus far Belgium has received only two million gold marks more than Great Britain. The Ruhr regime, the note says, is what the Germans have required it to be by their violence and resist- ance. It was intended to be an eco- nomie operation and a_ simple seizure of the pledges which the silies had & right to take under the treaty of Ver- saflies. If the military feature of the occupation has been necessarily ex- the, note_continues, Ger- fone are responsible. THe oc- jon will be modified whenever the German people abandon their present attitude. Discusns Priority. Six of the twenty-two pages In the document are devoted to a discussion of Belglan priority in reparation pay- ments. The note answers in detall the implication in the British com- munication that Belglumi has been unduly favored, since the other allies have made sacrifices while her pri- ority has remained. | “Belglan priority in reparations,” asserts the note, “was recognized in | the seventh of President Wilson's | fourteen points. It was recognized | by the British government in the sol- emn document giving Belglum formal | assurance that she would receive, | after the war, integral reparation for the immense damage inflicted upon her solely because she remained faith- | ful to her engagement with the pow ers that guaranteed her neutrality. In spite of her priority claims, 3 Jaspar remarks, Belgium has recel in cash and kind only a little more than Great Britain or France. He hen gives the exact figures in gold | marks as follows: Great Britain, -1,297,000,000; France, 1.175,000,000; Belgium. 1,395,000,000; the other ailfes, 642,000,000. M. Jaspar lays down the principle | that if the German debt is reduced the percentages of the allied shares must be révised. He contends that| the balance due from Germany must ' apply only to material damage done by her during the war—that is, the destruction of property in Belgium | and France, shipping losses at sea | and damages from air raids in Eng- and. ten mans Damage Seen Lower. , He remarks that although the ma- terial damage is perhaps less than | the 1,299,000,000 gold marks now con- | sidered as due from Germany, it is! considerably more than the l“ms! «Continued on Page 2, Column 2.) | SEMIMARTIAL LAW | FOR FROSTBURG Places of Business Ordered | Closed at 9:30 in War on Trouble Makers. Special Dispatch to The Star. \ CUMBERLAND, Md., August 28— While there is no sign of further outbreak, are enforcing semi-martial law, hav- ing passed several emergency .ordi- nances. One prohibits the sale or Aiving away of firearms or ammuni- tion in the corporate limits, with a maximum penalty of $100. The other | forbids children under sixteen years from being on the stfeets between 9:30 p.m. and 6 a.m. It is stated that youths had considerable to do with starting trouble. During the whole strike situation, now covering seventeen months, boys, “egged on” by mien, have been gullty of disorder or causing damage. The recent sabotage at the plant of the Midland_Mining Company fs laid to boys, who have since been arrested. Another emergency order requir restaurants, saloons, poolrooms and confectionery stores to close at 9:30 cach night. Groups are not allowed to assembie on the streets b: twenty-six regular a: loitering or loafing the Frostburg authorities ' { with them, ! literally suspended in midair. | escape from which thex had directed i Some present said a score of shots | then ran down the fire escape and ening - AIR RECORDS FALL IN NON-STOP FLIGHT! MacReady and Kelly Trip Ex- celled by Army Flyers. Other Marks Shattered. B DGO, August 28—With the mechanism of their airplane apparently functioning perfectly and with three world recorys for specd having already been shat- tered, Capt. Lowell M. Smith and Lient. John H. Richter, United States Army nirmen, gave today every iIndication of hanging up several more marks before the end of the epoch-making fiight begun early yt-’rrd- . 2 SAN DIEGO, Calif, August In a plane that takes on fuel andl food in midair with the same ease that an express train's locomotive scoops up water en route, Capt. Low- el] H. Smith and Lieut. John P. Rich- ter, elreling a course above San Diego, passed this morning the twenty-four- hour mark in their air marathon. They hopped off from Rockwell | Field at 5:05.17 a.m. yesterday. During ; the twenty-four hours they refueled and reprovisioned several times, re celving supplies from another plane Early today they had broken two speed records, those for 2,500 and 3,000 kilometers i They flew 2,500 kilometers in 17 hours 32 minutes 44 4-5 seconds. They | made the previous record last June 28; 18 hours 15 minutes 8 1-5 seconds. The 3,000 kilometers they made in 21 hours and 11 minutes. The pre- vious record, 26 hours 1 minute 32 seconds, was made by Lieuts. Oakley Kelly and John A. Macready, of trans- continental non-stop fame. The report today indlcated that Capt. Smith and Lieut. Richter were making an average speed of Yl%z miles an hour. They hope to remain aloft at least 45 hours, thus breaking all endurance records. Meanwhile, 1f luck stavs various speed and dis- tance records will fall. Two_blackberry pies in a metal- lined bucket to which was attached fifty pounds of lead nearly wrecked the hopes of the fyers yesterday. The incident occurred “about noon, when the officers signaled for luncheon. Another plane went aloft and made contact with Smith and Richter’'s craft, lowering the pies and some sandwiches. Richter was standing in the - cockpit and had grasped the bucket containing the pies when a sudden gust of wind caused the upper plane to nose up. For a few seconds Richter. clinging to the bucket, was i G. Ervin, pilot of the contact Hiame." quickly whipped the nose of Ris piane downward and Richter set- tled back in his seat with the black- berry ples and sandwiches in his hands. [ 1 DOZEN SHOTS FIRED | AT WILLIAM Z. FOSTER| By the Associated Press. CHICAGO, August 28.—Three men who attempted to shoot William Z.|{ Foster, radical labor leader, as he started to address a meeting of 3.000 man and woman garment workers last night, failed to hit him with a dozen shots, and fled down the fire ttack. e ter quickly calmed his audience by gaying. “There's nothing to be alarmed about” and continued his Speech on the expulsion of seven members of the Garment Workers'! Union for advocating one big union. Foster, leader of the Workers’ Party and chief figure in the 1919 steel Strike, had just advanced to the front of the platform when three | men opened the fire escape. door thirty feet away and opened fire. were fired, others a dozen. The three vanished. “l’;mmpt action by Foster averted a serious panic, as many of the fear- stricken women had started a rush for the two narrow stairways that lead to the street, two floors below. The faces of the three assailants were_dimly visible from the stage, and Foster said he recognized none of them. He left early today for Terre Haute for a speech at a labor meeting there tonight. P CABINET MEETING OFF. The semi-weekly cabinet meeting again was cancelled today by President Coolidge, and cabinet members were informed that no meetings would be held for an indefinite period or until those cabinet officials now on vacations have eturned to Washington. ‘The President plans instead to hold frequent conferences with those of his official family who are in the Capital. He has had only one meeting with his 'cabinet since he took office on August 3. Inavigation of the air. SHar. “From Press to Home The Star’s carrier system covers every city block and the regular édi- tion ie delivered to Washington homes as fast as the papers are printed. Within the Hour” | Yesterday’s Net Circulation, 87,551. TUESDAY, AUGUST 28, 1923 -THIRTY PAGES. " YEs, D BUT THINGS| New Gold Rush To Toklat River Excites Alaska the Assoctated Press ANCHORAGE, 'Alaska, August 28.—Discovery of placer gold, re- ported to run as high as $4 to the pan, the Toklat river, sixty miles from the Alaska railroad, has been the signal for a general stampede from Nenana, Healy and other interfor points, according to advices received The find was made by Indians. The Toklat river empties into the Nenana river. The route fol- lowed by the stampeders leads through Mount McKinley National Park. on ere. WILL PUSH DRIVE OND. . GAMBLERS Officials Seek to Bring Ar- rested Men to Trial Here- after as One Curb. Determined to break up gambling n Washington, Commissioner Oyster | and Maj. Sullivan from now on will endeavor to force persons arrested on gaming charges to face trial instead ! of leaving collateral at a station house and forfeiting it the next morn- ing. The Commissioner also announced today, following a conference with the police chief, that henceforth when a man is brought to the station on a gambling charge he will be required to put up the maximum amount al- lowed by the law before he obtains his release. May Seek Bench Warants. Maj. Sullivan explained to the Com- | kept Pierce covered with the pistol| misioner that the police can break up the practice of forfeiting collateral by applying for bench warrants to bring the accused to court after he has forfeited. It 1s understood the major will confer later in the day with_ the ‘dis- trict attorney's assistants at Police Court with a view to carrying out this bench warrant policy. “We realize,” said Capt. “that a_man arrested on a charge of permitting gaming on his premises does not mind leaving a small collat- eral at the station house and then Zoing his way. And we are going to do all that we can to force them to] face trial.” ‘Watch for “One-Nighters.” Maj. Sullivan, co-operating with| the Commissioner, has all of his pre- cincts on the lookout for the so- called “one-night-stand” gambling houses. Information reaching the Commis- sioner is that gambling games are being conducted in Washington on the plan of a one-night performance in each neighborhood, the theory ap- parently being that by constantly shifting the scene of operations the police will be thrown off the trail. Oyster, | KILLING OF PASTOR VIVIDLY DESCRIBED Eyewitnesses to Shooting of Rev. Pierce Testify at Garrett Trial. By the Associated Press. CUMBERLAND COURT HOUSE, Va., August 28—Entrance to the couft- room where Robert O. Garrett, Cum- berland county clerk, is on trial for the murder of Rev. Edward Sylvester Pierce, pastor of the county's five { Baptist churches, in front of the lat- jter’s home here on June 5 last, could be gained today only by card issued by Judge B. D. White, presiding, who announced that hereafter only these with permits will be allowed to at- tend the trial. These cards were In great demand when court reassembled today to resume hearing testimony of prosecution witnesses. John T. Godsey, Who also was a witness in the Larkin Garrett trial, was the first witness of the day. He was an eyewitness of the shooting of the minister and told about the same story of the tragedy as he did at the previous trial. Tells of Shooting. Godsey told of being attracted to the Pierce home by the screams of a woman. He said he saw Larkin Garrett on Mr. Pierce beating him with his fists and declared he saw {R. O. Garrett shove a pistol into the | stomach of W. M. Smith as the lat- ter ran up with the apparent pur- pose of separating the fighters. About that time, Godsey testified, Mr. Pierco got up and went into the i house and the Garretts started away, lwnlk!ng almost sideways and watch- ing_the Pierce front door. | Mr. Plerce re-emerged. he said, with a shotgun in his hand and as ‘he came out R. O. Garrett covered !him with a pistol. Then, the wit- ness added, R. O. Garrett, while he jin his right hand, snatched the shot- | gun with his left and stepped back. “Almost immediately R. O. Garrett fired a shot into Mr. Plerce,” Godsey said. “Mr. Pierce began to crumple. Then Mr. Garrett fired again as Mr. Plerce was falling and then fired sev- eral more shots.” - . The witness sald he did not see the minister fire a shot nor did he i hear him say anything during the {time he was on the scene of the j shooting. The witness said during the fight Mrs. Plerce was in the yard | sobbing and screaming. On cross-examination it was de- veloped that Godsey had seen a pistol in the minister's hand at the time R. O. Garrett was shooting and after thé shotgun had been taken from him. Counxel in Squabble. A squabble between counsel follow- ed the defense's request to know why | the witness had not told all he saw and knew in his direct testimony. “If there hadn't been any cross-ex- amination this important disclosure would not have been brought out, would it?" he was asked. No, I sup@ose not,” ' the witness sald. “T guess I forgot it.” Defense counsel also brought out from the witness that he had picked {Continued on Page 2, Column U. S. May Bar Plan to Carry Liquor Over Alaska by Plane Canadian Proposal to Supply Yukon With Rum During Winter by Hopping . Over American Land Being Studied, A plan before the provincial liquor board at Vancouver, B. C., for using airplanes to transport liquor into Yukon territory across a strip of the Alaska panhandle, is regarded by international experts here as promis- ing an important development in the law of nations. : Although the common law declares that ownership of land extends in- definitely below and above the sur- face, civil law has sometimes modi- fled this principle, 4s in the case of claims involving subsoil rights in Mexico. Still other definitions may be possible from the standpoint of in- ternational law with reference to At present there are few precedents, with a resulting difference of opinion, as to the extent of dominion" exercised by a nation over its superincumbent atmosphere. So far as the Yukon proposal is con- cerned, it is sald it might be ap- proached from the standpoint of re- quiring foreign pilots to possess licenses to cross American territory. Neither the Treasury nor the State De- rtment, however, has given any in- ication of what steps might be taken if the plan actually is carried out. It is the opinion of prohibition offi- clals_that prohibition extends upward in the air over American territory. They hold that liquor cannot be carried over Alaska under any circumstances. This view is based on the Supreme Court's decision in the ship liquor and other casea. TWO CENTS. 'BERGDOLL INSISTS HE BURIED HIS GOLD IN MARYLAND HILLS Story Is Not Myth, Secret Information From Ger- many Reveals. JUSTICE AGENTS DOUBT _ HOAX IN FINDING HOARD Arrest Likely on Charge of Aiding Draft-Dodger to Escape. Confidential information from Ger- many that Grover Cleveland Bergdoll still clalms he buried a sum of money in the Maryland hills, together with the mystery surrounding Lee Houser, Wwho first claimed, and later denfed he had found a box of gold and Ppaper money, led the Alien Property Custodlan and the Department of Justice today to announce the gov- ernmemt would go to the bottom of the whole matter, and definitely de- termine “whether this Is a hoax or a reality.” If Bergdolbs money can ‘he lacated, the government will claim t. The denial yesterday by Lee Houser to Department of Justice agents was not accepted as conclusive by either Willlam J. Burns, of the Department of Justice bureau of investigation. nor Thomas W. Miller, alien property custodian. Sifted to Bottom. “Now that the question has been opened up by the finding of money in the vicinity of where Bergdoll is kndwn to have buried some mone: said Col. Miller, “the matter will not be dropped by this office until it is definitely ascertained, through ail means at ite disposal, as to whether this is a hoax or a reality. “We might as well settle this ques- tion at this time as any other,” Col Miller continued, “and if there is any money, and jt is proved to have be- longed to Bergdoll, this office will take every means within ity power to reduce it to possession of ehe gov- ernment.” Willlam J. Burns frankly announced that Houser's denial that he had found money would not be accepted for the present by Department of Justice agents, who had been ordered to go through the whole matter and ferret out the facts. [} Law Supports Seizure. Col. Miller in revealing that his of- fice had regent oonfidential informa. §tan ffom Germatiy cohtérning Berg: oll's claim to buried treasure, an- hounced at the same time the gov- ernment's determination to seize it if posaible, under the trading with the enemy act, under which Bergdoll's other property in this country already has been turned over to the gov- ernment. Seizure of Bergdoll's property, it was explained, had been successfuily de- fended in ail court actions brought o far, and even after declaration of peace with Germany, the Knox-Por- ter peace resolution provided “that any demand made by the government through the alien property custodian, covering enemy property, was in full force and effect for property that had not been actually reduced to posses- sion, even though a state of peace isted by reason of the resolution’ “The demands served on banks, Mrs Bergdoll and other individuals,” said { Col. Miller, “known to have Bergdoll's property, resulted in the turning over of this property, whether cash, real estate or securities, to this office. The demand wouldcover the so-called sum of money which Bergdoll was re- ported to have hidden in the vicinity of Hagerstown. Story Belleved. “It will be remembered that the War Department, under Newton D. Baker, believed this story so authen- tic that they were willing to permit Bergdoll to leave Fort Jay, N. Y., on what wa$ supposed to have been a wild goose chase, which resulted in his escape to Germany.' in addition to the federal age: under Mr. Burns and Col. Miller, ready on the scene in the Maryland hills, there left Washington last night the agent who more than any otner man in the employ of the gov- ernment is acquainted with the Berg- doll case. He has followed it for more than seven years. it said, prior to the present administration, and will bring to the case the full knowl- edge and experience of years. Houser at first claimed he had found about $10,000. Later it was ru- mored that the box had contained as high ag $100,000 or $110.000. When controntdd by Department of Justice agefits vesterday he denied that, there was any money in the tin box he had dug up with his pick ARREST MAY BE MADE. Closing In on Persons Who Aided Bergdoll Escape. Special Dispatch to The Star. | HAGERSTOWN. Md., August 28 |startiing disclosures which mav ex- why Grover Cleveland Berg- !R\Lfimand s brother Erwin for sev- ieral years were able to successfully | escape Department of Justice agents Who were seeking the wealthy draft dodgers are expected within the next | twenty-four hours, it was learned from an authoritative source today. The disclosures may result in the ar rest.c of at least one prominent Hagerstown resident whom the fed- eral authorities are convinced knows much concerning the movements of Grover during his sojourn in this city and even after his escape into Germany. ” Not Interested in Gold. Two Department of Justice agents arrived hcre this' morning. It is known that they are not concerned about the, gold treasurc found by Lee Houser, Samples Manor laborer, and will not try to recover any of this money or to even -determine whether it may be the gold Bergdoll said he hid in the mountains neac Hagerstown. ‘Who the persons referred to in one of the postcards Grover Bergdoll sent to Owen D. Sherley, owner of the Vivian Hotel, at which hostelry the two Bergdolis and -their bodyguard spent several months during 1918 and 1919, is the new angle the investiga- tion has taken today. ! “We certainly did fool them,” Bergdoll wrote to Shirley from Ge: many in referring to the Department of Justice agents who tralled the i Bergdolls for several years. 1t was in the Vivian Hotel of this city, where Bergdoll made his head- quarters, that the two dfaft dodgers were cornered one night by four De- partment of Justice agents, it became (Continued on Page 2, Column 5.)