Evening Star Newspaper, May 15, 1924, Page 1

WEATHER. “alr tonight and tomorrow, rising perature, moderate westerly winds. rature for twenty-four hours p.m. today: Highest, 74, oc- at 3 p.m. yesterday. Lowest, urred at 5 a.m. today. np ending curred 49, 0 ull report on page Elosing N. Y. Stocks and Bonds, Page 28 No. 29,234, + post tintered as second-class matter office Washington, D C. _@h WITH SUNDAY MORNING EDITION ¢ Foening Star. WASHINGTON, D. C, THURSDAY, MAY 15, 1924_FIFTY-EIGHT PAGES. BONUS BILL VETOED; COOLIPGE EXPLAINS ECONOMY IS CAUSE:; “ [ONGRESS TO FIGHT Executive Says Would Mean Expending $114,000,600 Annually| for Next Twenty Years. Measure NO MONEY IS AVAILABLE FOR PARTICULAR CLASS Public Clamors for Tax Relief, Message to Congress Declares. | Proponents of Bill Assert the | President Can Be Overruled, Previous Vote Indicates. The soldier bonus bill 'was vetoed today by President Coolidge. On the heels of his disapproval of the Bursum pension bill, because he felt it would be an undue strain on the Treasury, the President sent back to the Capitol, for the same reasc the compensation measure, which would give free life insurance policies to world war veterans. Seek to Override Veto. Ad s of the bill immediately announced that an attempt would be made to pass it over the veto. On its original passage it received more than the necessary two-thirds vote in both Senate and House. The message follows: To the Ho of Representatives: Herewith is_returned, without ap- proval, H. R. 7959, a biil “to provide &djusted compensation for veterans of the world war, and for other pur- Poses. The bill provides a bonus for the Veterans of the world war and de- pendents of those who fell. To cer- tain of its beneficiaries, whose maxi- mum benefits do not exceed $50, this bonus is to be paid immediately in cash. To each its beneficiaries who are not to re e such immediate cash payment, there is to be provided free insurance under a twenty-year endowment plan. The value of each policy will based upod the military service, Average amount being at least payable at the expiration of nty years or at death prior there- After the lapse of two years the r of a policy may borrow there- om banks at reasonable rates of t. If amounts so borrowed are not repaid by the veteran the govern- ment is obligated to Day to the banks this indebtedness which ultimately reduces the maturity value of the policy. An’ appropriation of $146,000,000 for the fiscal year 1925 will be required to provide the prorated annual cost of the insurance and to meet cash payments to those not receiving such insurance. This does not include ad- Juinistrative costs, which will amount 10 approximate! $6,500,000 the first year. For the fis year 1926 an propriation of $155,500,000 will be quired and the annual appropria- | tions for the twenty-year period will to the lowest 80,758,542, These and s herein are from the Bureau, but the Treasury estimates are materially more. That part of the annual appropria- 0t required to meet the cash ay policies maturing on h will be invested in rnment bonds, The face value of Is thus acquired plus the in- ferest thereon re-invested will equal during the twenty-year period the maturity value of & insurance poli- ating at the lowest esti- ¢ $3,145,000,000. The money spent for the acquisi- tion of these bonds manifestly can not be spent for any other purpose, no matter how urgent our other re- quirements may be. In other words, we will be committing this nation for a period of twenty vears to an ad- ditional average annual appropriation of $114,000,000. This of itself should require’ most serious reflection, but if we are to have such commitment it _should be in some form which would be in harmony with recognized principles of government finance. “The provisions of t bill are not #0 In harmony. Under the govern- ment Will ‘nof have in the fund in two and a half billions of %dol- All it will have will be its own gations, and it will owe two and @ half billions of dollars cash. Tt will then be necessary to sell to the public this two and a half billions of bonds major operation in finance which ¢ be disastrous at that time and v jeopardize the value of federal uritie: hen outstanding. We have no money to bestow upon u class of people that is not taken from the whole people, Our first con- rn must be the nation as a whole. ‘fhis outweighs in its importance the consideration of a class, and the lat- fer must vield to the former. The one compeiling desire and demand of the people today, irrespective of party or elass, is for tax relief. The people have labored during the last six years under a_heavy tax burden. This was necessary to meet the extraordinary costs of the war. This heavy assess- ment has been met willingly and without complaint. We have now reached a financial condition which permits us to lighten this tax burden. “If this bill becomes law we wipe out at once almost all the progress five hard years have accomplished in reducing the national debt. If we now confer upon a class a gratulty such as is contemplated by this bill We diminish to the extent of the ex- penditures involved the benefits of Yeduced taxes which will flow not only to this class, but to the entire le. “When it is considered that less than $40 a year would pay for the average Dolicy’ provided by this bill, there is strong ground to assume that the vet- Srans themselves would be better off to make that small payment and be relieved of the attendant high taxes and high living costs which such leg- {siation would impose upon them. Certainly the country., would. We have hardly an economic ill today hich cannot be attributed directly or indirectly to high taxes. . “The prosperity of the nation, which is the prosperity of the people, rests primarily on reducing the existing tax burden. No other action would so encourage business. No other leg- islative enactment would do so much o relieve agriculture. The drastic executive campaign for economy in overnment expenditures has but one Durpose—that its benefits may accrue on Page 2, Column Lonely in Berlin Can Retain Dogs At Reduced Tax By the Associated Press. BERLIN, May 15.—Old maids, bachelors and childless couples more than fifty years of age may keep dogs as companions in Berlin at what are considered bargain rates in view of the high taxes imposed upon all other owners of canines. According to a recent ruling of the municipality authorities these privi- leged persons will be assessed but -fifth of the regular annual fee, ch ordinarily amounts to abput er dos. ery householder in Berlin is alied upon regularly by the dog tax llector, and must fill out long bianks whether he owns a dog or not . (0L MLLER TELS OF SEENG HARDING ONGHONEDDLING Admits He Objected to Fre- quent Visits of Jess Smith, Urion and Wade Ellis. Thomas W. Miller, the alien prop- erty custodian, gave the Senate Daugherty investigating committee | today some interesting sidelights on | the conduct of the Department of Justice under H. M. Daugherty. Howard Manington, he said, was introduced to him as “one of the big men” influencing the department. Manington has been many times mentioned as receiver of payments in connection with liquor permits. He also knew Jess W. Smith, Col. Miller said, and had met Alfred Urion, John Todd and other persons pre- vioulsy mentioned in testimony as close to Mr. Daugherty. His own of- ficial duties and- responsibilities brought him into touch with the de- partment, he said, and the Attorney General's legal rulings governed him in administration. Attorney in Case. “In the American Metals Company case, who appeared?” asked Senator Wheeler. “The National City Bank was at- torney in fact,” Miller said, “and a man named Merte represented the bank. In that case, senator, your representatives have been in my of- fice for a week or ten days. “My office passed on it and made a recommendation to the Department of Justice.” He added he was “not equipped with the details” of the case. “Alfred Urion is a close friend of Mr. Daugherty?” Senator Wheeler suggested. “I would consider him so,” Miller said. Urion, in previous records of the commitfee, was named as attor- | ney for the Dempsey-Carpentier fight film distributors. . Office of Jens Smith. “You knew Jess Smith occupied an office at the Department of Justice?" Senator Wheeler proceeded. “I so considered it,” Miller replied. He testified that he had *“located | Smith at the Department of Justice in telephone calls and personal visits. Manington he only saw at the Depart- ment of Justice on one occasion. “Manington came to my deplrlmentl once, early in 1921,” Miller said, “rep- resenting a élgimant.” “You knew Manington wasn't a lawyer and had no license to practice before departments?” asked Senator Wheeler. | I did not. Tve learned more about Manington since your hearings than before.” . “Didn’t Jess Smith come to you many times and tell you what the At~ torney General wanted done?” “I won't deny that-he told me on many occasions that Mr. Daugherty, or perhaps other people, wanted some- thing done, but I did not take orders from Jess Smith in any'matter on how to run my office.” Complained to Harding. Todd, a former law partner of H. M. Daugherty, had several claims for re- turn of alien property, witness said. One of his clients procured a return of $1,500,000 in “an entirely proper fashion.” “Isn’t it a fact that you finally went to the President of the United States and complained about Jess Smith, Howard Manington and others Inter- | fering in your office?” demanded Sen- ator “'heele‘r. a Miller hesitated. “I's not a pleasant thing to talk of,” he said, “but I'm perfectly will- ink to tell you I told President Hard- ing that I didn’t like the way. some of the people from his own state walked into my office. “I thought President Harding, com- ing from Ohio, could tell me about Jess Smith. I mentioned to him Alfred Urion and Wade Ellis and some of the people I know have been men- tioned here.” Questioned on Banking. Senator Wheeler switched the ques- tioning to bank deposits. Mr. Miller said that he put his trust funds out in_banks, but requiréd bonds. “Mr. Smith_asked me to put some money in the Midland National Bank,” he went on, “but, following my prac- tice, 1 took the matter up with Attor- ney’ General Daugherty, and he also asked me to do so.” The Midland Bank has gone into liti- gation with the committee to prevent inspection of its books and M. S. Daugh- erty has resorted to the courts in his refusal to testify. TR The Treasury Department, the wit- ness said, contended that all his funds ought to be deposited with it, but he thought the Treasury was wrong. Auditors were at work on the situation, Mr. Miller. added, and _their report would show not only the correctness of his position, but also that the .gov- ernment had made money from his col- lections of interest on deposits. Jess Smith and W. F. Martin, the (Continued on Page 2, Column 2.) Illinois Bank Closes. EAST ST. LOUIS, II., May 15— Drovers’ National Bank here was closed voluntarily today by the board of directors. President H. R. Dooley said unexpected losses had been sus- tained through failure of two more state banks and ‘“detrimental -rumors persistently circulated, resulting in withdrawals to a hurtful degree.” He declared that the bank was solvent. Capital was §200,000 and deposits $620,310.76. BRIBE ACCUSATION AGAINST ZIKLMAN HELD UNSUSTAINED House Committee Reports Evidence Does Not Estab- lish Truth of Charge. DEFERS LANGLEY CASE PENDING HIS APPEAL Kentuckian Serves Notice He Will Not Attend Sessions Unless Name Is Cleared. The House committee authorized to Investigate the charge made before a Chicago grand jury that Represent- ative Zihlman, Republican, Maryland, accepted a bribe, reported today that aken as a whole in the opinion of the committee, the cvidence does not establish truth of the charge.” Coincident with submission of the report to the House, Representative Langley, Republican, Kentucky, who also was mentioned in the Chicago report;and who was convicted several days ago of violating the prohibition law, notified Speaker Gillett that pending final action on his appeal he would abstain from attending House sessions or participating in proceed- ings of the House public buildings committee, of which he is chairman. ‘Will Defer Action. The committee in its report said| such an *arrangement was satisfac- tory, and suggested that no further action be taken with regard to Mr. Langley until his case has been dis- posed of by the courts. The com- mittee report was unanimous. After pointing out that it was in- structed by a House resolution passed | early in March to ascertain the | identity of two members mentioned in | the Chicago grand jury report, and to | establish the truth or falsity of the | charges that they received money for improper use of official influence, the committee said it had ascertained that | the members referred to were Mr. | Zihlman and Mr. Langley. Agreement on Langley. “It was agreed by the committee,” said the report, “that in view of the indictment and probable immediate trial in the District of Columtia of Representative Langley, the commit- tee would first consider the Zihlman case. Since then Representative Lang- ley has been indicted, tried, convicted and sentenced in the federal court for the castern district of Kentucky. | It is understood that he has initiated appellant proceedings, and therefore it would seem proper that further action by the committee in respect to him be deferred for the present, it being assumed that until the final disposition of the case he will take no part whatever in any of the busi- ness of the House or its committees. “The committee has considered the Zihlman case. It has secured the testimony of all persons supposed to have any direct or indirect knowledge of the charge against him. It has examined twenty-two witnesses and a_number of documents, and the printed records containing some $28 pages accompany this report. The evidence is conilicting and sharply contradictory, and the question of the credibility of individual witnesses has frequently arisen. “Taken as a whole, in the opinion of the committee, the evidence does not establish the truth of the charge against Representative Zihiman, and, accordingly, the committee recom- mends that so far as he is concerned no further action is required or should be taken by the House.” Letter From Langley. Mr. Langley announced his inten- tion of remaining away from the Capitol in the following Iletter to Speaker Gillett: “Assuming you and the other mem- bers of the House to know the result of my trial just concluded in the United States district court at Cov- Ington, Ky., on the charge of having violated section 37 of.the penal code, I beg to inform you that my attor- neys have taken the necessary steps to have the case reviewed by the cir- cuit court of appeals, and pending fur- the proceedings therein I shail ab- staln from attendance upon sessions of the House or of any of the com- mittees thereof. FRANCE WILL COMBAT GAMBLERS IN FRANCS By the Associated Bress. PARIS, May 14—While the’ politi- cians are speculating on the compo- sition of the new cabinet, Finance Minister Francois-Marsal is attending to other speculators, those on the ex- change. “It is impossible to stop the gam- bling, but some persons have power to stop the play from going too far,” said the minister to Stephane Lau- zanne of the Matin, in recounting the steps he has taken during the last few days to defend the franc. “The government is limited to the first of June,” he said, “but every- body should 'be aware—in America, throughout Europe and in France— that until the first of June the gov- ernment and the minister of finance will not allow the national currency to be touched. They will defend it with all the means in their power. “The franc is not current business: the franc is the blood flowing through- out the nation. We have the requisite weapons and ‘will fight to the last shot. There is a lot of talk about financial syndicate. There is no syn- dicate; there is only the Bank of France, the head of which has ren- dered yeoman service to the courtry in the last ten years, He and I are in complete agreement. “Let theg amblers beware. Today, as yesterday, they will find the franc well defended. Some in the last twenty-four hours have burned their fingers; others will do well to think twice 'before they commit them- selves.” GADSDEN, Ala, May 15.—Cellie Mosely, twenty-five, brakeman, is dead; Amos Kendrick, fireman, is reported dy- ing, and John P. Rice, engineer, and Tom Clarke, brakeman, are seriously'in- jured as a result of a. freight tran on the Tennessee, Alabama and Geor- gla_crashing through Yellow Creek bridge in Cherokee county, Ala., yes- terday. I G T || ]/ SURROGATE S OFFICE So———— =z / THE NEW LEADER, “WITH A SMILE ON THE FACE OF THE TIGER.” HOUSE ACCEPTS ONE-YEAR RENT LAW Votes 287 to 48 to Concur in Sen- ate Amendment—Now Goes to President. ONLY TWO ATTACK THE BILL Tincher and Underhill Oppose Measpre in Speeches. By a vote of 287 to 48 the House this afternoon concurred in the Sen- ate amendments to the Lampert bill continuing the present rent law for the District of Columbia. The Lampert bill as it passed the House would have extended the life of the Rent Commission for two years. The Senate amended by cut- ting the extended life to one year, and by inserting a provision that hotels must show in a conspicuous place the rates for accommodations. Representative Tincher, Republican, Kansas, and Representative Underhill, Republican, Massachusetts, were the only speakers in opposition to the mo- tion made by Representative Lampert to concur in the Senate amendments. Representatives Thomas L. Blanton, Democrat, Texas, and James T. Begg. Republican, Ohio, urged that the House concur in the Senate amendments. The bill now goes to the President for signature. Probe May Be Dist Prospects of further investigation of the F. H. Smith Company or others concerned in alleged irregular prac- tices, as charged by the Senate Dis- trict committee, today appeared to be far in the future, District Attorney Peyton Gordon has not yet had time from the nu- merous pressing affairs of his office to consider the committee report on his desk, but will do so at his earliest opportunity, it was said today. At the Department of Justice efforts were pointed only against the tem- porary injunction asked in the Dis- trict Supreme Court by Bates Warren and Harry Norment against the Rent Commission. A copy of the report was transmitted yesterday by Chair- man Ball of the Senate District com- mittee for use in preparation of the government's intervention suit by Special Assistant to the Attorney Gen- eral H. L. Underwood. Ready to Continue. It was stated on the highest au- thority at the department that offi- cials there were engaged now solely with the business of the injunction, and that the whole matter of investi- gating further into matters of irregu- larity by the Senate committee would fall wholly within the juris@iction of the office of the district attorney. Tt was said on behalf of Schirmer and Green, who conducted the rental investigation for the Senate District committee, that they were prepared to continue work, should their serv- jces be required’ further, either by the Senate committee, the office of the District attorney, or the Depart- ment of Justice. Mr. Green has been in frequent conference with Mr. Underwood, but said it was his understanding that the only purpose of the report being in the hands of the Department of Justice at this time was to use it in the injunction suit as evidence in helping prove that the housing emergency existed. T0 AID BORDER TRAVEL. Mexico Asks U. S. to Investigate Immigration Difficulties. By the Associated Press. MEXICO CITY, May 15.—The de- partment of foreign relations has ordered the Mexican charge d'affairs in Washington to make representa- tions to the American government be- the alleged refusal of ad- fin‘l“&n:et into the United States or the unjustifiable detention of Mexicans along the border by American immi- gration officials through misinterpre- tation of the immigration laws. Several prominént Mexicans are re- ported to have been unable to cross Phe border because of their foreign names, although they were born in Mexico. Police Find Heir in Own Ranks. 1.0S ANGELES, Calif, May 15.— Recelving a message inquiring as to the whereabouts of Herbert R. Rey- described as beneficiary of a 'o'so;g."ooo estate in Philadelphia, police officials here the man sought was a member of their force and called him off a beat he was traveling in Hollywood. Reynolds heard the news without enthusiasm and de clined to tell reporters how it feels to be rich. He said the estate was that or lis father-in-law, the late Mangus H. Brown. BERGDOLL MAIL PILES UP Former Friends at Eberbach Out of Touch With Him. EBERBACH, Baden, May 15.—Many letters and telegrams continue to ar- rive for Grover C. Bergdoll, the American draft evader, who has been absent from Eberbach since April 6. As no word has been heard from him, relatives say they haven't the slight- est idea of his whereabouts, Berg- doll having given no intimation of his intentions before starting on his automobile trip. He was accompan- ied by his chauffeur, Stecher, and an- other man. Bergdoll took some baggage with him, but his intimates are inclined to doubt reports that he has started for America and it is more likely that he is enjoying himself somewhere in Switzerland or Italy. Some of them, however, say they would not be sur- prised if Bergdoll turned up at some port in the United States some of these days, as he has been negotiating for the sale of the automobile he has been using for the last three years. et e STUDY MANUSCRIPTS IN ORATORY CONTEST Judges in Star Competition Will Hold Meeting to Decide D. C. Winner. RICH AWARD AT SPAKE Gets $300 and Participates in Na- tional Event. Last-minute scrutiny is being given by the judges today to manuscripts of the eight orations delivered in The Star's oratorical contest on the Con- stitution, following the hearings ac- corded the delivery during the past two weeks. Textual changes made by the high- school orators in the course of deliv- ery of the addresses are being checked, and, in general, the most careful consideration is being given by Justices Siddons, Robb and McCoy, the judges, to the fine points of stvle and sentence construction. After the judges have: considered the manuscripts, they will hold a final conference to select the winner, who will represent the District of Columbia in the national oratorical contest to be held June 6 at Me- morial Continental Hall. Owing to the vast amount of work now in the District Supreme Court and the District Court of Appenis, the judges have been unable to et together for a final meeting. ‘Winner Gets $300, At their meeting to determine the Brand prize winner, an alternate also Wwill be chosen. To the winner will go The Star's check for $300, as well as the right to compete in the national contest, at which President Coolidge is to preside. Each of the eight winners in the high schools here, whose fate is now in the hands of the judges, has been awarded The Star's check for $100, as winner in his or her district of the local zone .of the national contest, sponsored in this city by The Eve- ning Star. Orations on the Constitution were heard from Ruth Newburn, winner at the Central High School; Frank I. Winant, McKinley Manual Training School; Edith Miley, Business High School; Rozier Gaddis, Armstrong Manual Training School; Lillian L. Washington, Dunbar_ High School; Ruth Greenwood, Eastern High School; Ruth Craven, Holy Cross Academy, and_ Dorothy B. Smith, ‘Western High School. Centest of High Order. The orations and their delivery were of uniformly high standard and merit, 50 mdch so that the sclection of the final winner is no easy task. The- orators themselves visited from school to school, and most of them heard the delivery of thelr rivals' ora- tions. - Principals of the high schools, teachers and parents and students are expressing the keen interest in the contest, and awaiting the final selection of the judges with as much interest as the competitors them- selves. It is probable that the graM prize winner will be feted by the winning school, although plans have yet to be made in this event. Nearly all of the schools made ceremony of the delly- ery of the $100 prizes, and it is prob- able that even more will be made of the presentation of the grand prize 1 _$300. s l’l thy tional tontest ::e District w! winner will compet il the six (Continued on Pa; RIVER FLOOD LEAVES DESOLATION IN WAKE Refugee Families Find Homes Al- most Total Loss as Waters Recede. CANAL ROUTE INSPECTED Officials Undecided on Continuing Historic Waterway. As the flood waters of the Potomac began to recede today with the same rapidity that marked their rise, officials of the Chesapeake and Ohio Canal set in motion machinery to open that historic waterway to the west as quickly as possible. Although much of the canal is still submerged beneath the overfiow from the Potomac and the total damage cannot be estimated, contracts were let today for the repair of the two sericus breaks in the banks of the canal in the vicinity of Chain Bridge. When the sustaining walls gave way during this flood, only a little more than a month after a similar cataract washed great gaps in them, reports were circulated that the damage was So great the breaks would never be repaired ard the canal, which has been a highway to the west for more than a century, would be abandoned. On Tour of Inspection. Officials of the company started out for a tour of inspection today, however, and they are proceeding up the canal as quickly as the receding river releases it from its muddy grip. No decision to abandon the canal will be reached at least until the inspec- tion is completed, and examination of the banks thus far has been so reassuring that it was decided to let contracts for repairing the Chain Bridge breaks immediately. Hundreds of families whose homes were inundated by the flood began to take stock today. Most of them found the furniture of their homes ruined and in many cases it is be- lieved the houses will never again be tenable. Several feet of sticky, yellow mud was left on floors and walls by the water and the danger of disease appeared menacing. Structures Weakened. In addition the structures them- sclves have been seriously weakened. Scarcely had the river backed out of the houses than the refugees poured in, taking stock of the damage. Where two days ago the river banks were lined with bits of furniture and clothing salvaged before the flood reached its crest, now there are rap- idly rising great piles of mud- smeared, ruined furnishings. 1t will be days before the real dam- age is known. Some estimates for this section were placed at $1,000.000, but most persons regard this sum as exorbitant. A majority of the homes swept by the flood were small—some of them mere camps—and thefe was no farm land along the river here to be damaged. Only a few miles up the valley, however, the damage will run well into several millions of dol- lars. Hundreds of acres of crops have (Continued on Page 4, Column 3.) Yesterday BAN ON JAPANESE JULY 1 VOTED AS REPORT 15 ADOPTED House Acts and Issue Is Now Up to Senate—Coolidge Views Disregarded. MOTION TO RECOMMIT IS DEFEATED, 246 T0 33 Veto Is Hinted, Although Presi- dent Has Not Announced What His Course Will Be. Overriding the opposition of Presi- dent Coolidge, the House today adopted the conference report on the immigration bill which would make July 1 this year the effective date of Japanese exclusion. The Senate now will be called upon to act, after which the bill will go to President Coolidge for signature. His course has not been determined. In adopting the report the House developed an overwhelming majority against any delay in putting into ef- fect quickly the Japanese provision, which the administration had sought to delay, in order that diplomatic ne- gotiations might be entered into in an effort to settle the question. Before adopting the conference re- | port the House rejected by a vote of 246 to 33 a motion by Representative Sabath, Democrat, Illinois, to recom: mit the bill to conference for a num ber of amendments. He expressed n. objection, however, to the Japanese exclusfon provision of the report. The overwhelming opinion in favor of the July 1 clause in the House, which re‘ected the conference report embodying the President’s March 1 suggestion, was explained to Mr. Coolidge yesterday by Republican and Democratic leaders, and he was told that a similar view was in- dicated in the Senate. Three Courses Conaidered. President Coolidge is giving thought to the action he will take on the measure when it reaches the White House, but was said authoritatively today to have reached no decision on the question. Indications are, how- ever, that he is giving thought to three courses of action. Signature of the bill without any statement or declaration. Signature of the bill with an ac- companying statement expressing disapproval of the exclusion provi- sion in such a manner as to mollify offended Japanese sensibilities. Return of the bill to Congress with- out signature, and with a message declaring the Executive's approval of all provisions of the measure with the exception of the exclusion section, Indications were given by some of those close to the President that the last two courses are being given the most thought. The expiration of the present immigration act June 30 and the approaching adjournment of Con- gress are the complicating factors. Some advisors of thd President have told him that approval of the bill with an accompa; ng statement of disapproval of the exclusion provision would not greatly soften the blow to Japanese feelings. Others helieve that it would be at least partially ef- fective. See Veto Sustained. The President, in considering the third course, has been told by friends of Congress’ that in event of a veto based on the exclusion provision, those who agree with the administra- tion view, combined with those who are opposed to the whole bill, would comprise a group large enough to resist any attempt to pass the bil over the veto. These same friends are convinced and have informed the President that Congress, actuated by an desire to enact an immigration bill further restricting the arrival of for- eigners in the United States, would modify the exclusion provision in order to pass the measure before ad- journment. When the conference report on the bill was taken up in the House, Rep- resentative Sabath of Illinois, ran ing Democrat on the immigration committee, apnounced he would seek to have it reSommitted to conference with instructions to the House man- agers to insist on elimination of the race origin provision, to be effective after 1926, which was inserted by the Senate. The Illinois representative also said he would attempt to have the non- quota provisions altered to include parents of American citizens fifty- five years of age, the wives and chil- dren’ of immigrants who have de- clared their intention >f becoming American citizens, and the wives und children of former service men. He voiced objection to the alien sea- men's provisions of the bLill and pro- pbsed a substitute. ‘The vote by which the conference report was approved was 308 to 58, representing a wide margin over the two-thirds that would be necessary to repass the measure in case of a veto. SENATOR UN! SENATOR TH! SENATOR CAIPER of Kansas. SENATOR RALSTON of Indiana. ments. world. —understandable. America’s Leaders on America’s Future The Star begins the daily publication on today’s editorial page of a series of articles, especially contributed, dealing with the present national situation and the future by men foremost in parties, political groups, blocs and economic units. These articles are significant utterances by— JRWOOD, Democratic leader in the Senate. (MAS J. WALSH, leader of the oil inquiry. SENATOR MAGNUS JOHNSON of the Farmer-Labor party. GOVERNOR PINCHOT of Pennsylvania. WILLIAM G. McADOO, ex-Secretary of the Treasury. SENATOR BORAH, left wing Republican leader. SENATOR HIRAM JOHNSON of California. SAMUEL GOMPERS, president of the American Federation of Labor. Not just dry words, this series. Not mere campaign docu- But the real thoughts of men These articles will help to make November—and June One a day, in The Star Beginning Today With Senator Borah. werful in our political impelling | “From Press to Home Within the Hour” The Star's carrier system covers every city block and the regular edi- tion is delivered to Washington homes as fast as the papers are printed. ’s Circulation, 97,926 TWO CENTS. JUDGES OVERRULE COOLIDGE'S PARDON INGROSSMAN CASE Order Arrest, Satjing Presi- dent May Not Extend Clem- ency in Contempt Action. EXECUTIVE EXCEEDED AUTHORITY, COURT HOLDS Insist Jurists Must Punish Those ‘Who Disobey Commands or Be- come Impotent. BS the Acsociated Pross, CHICAGO, May 15.—The right « the President of the United States 1. pardon in a civil contempt case wa denied today in an opinion signed 1 Federal District Judgess George Carpenter and James A. Wilke " in the Phillip Grossman case, whici was considered before the Daugheriy investigating committee, The opinion held that Grossmar should be taken in custody on sen tence of a year in jail for contemp: decreed by former Federal Judge K M. Landis. Grossman was sentenced for contempt in a prohibition case. Grossman never had been taks 'i"(n custody when the president! pardon came. | “To allow such power in.the Execu [tive is to strike a death blow at tu independence of the judiciary,” s | Judge Carpenter in his opinion. . “The power to punish for contemp is inherent in, and essential tc, th | yery existence of the judiciary. | | the President is allowed to substi tute his discretion for that of th« | courts in this vital matter, then trui the President becomes the ultimat. source of judicial authority Such holding would be a distortion of that cardinal principle of American i tutions that the executive, legislativ. and judicial branches of governme are co-ordinate and proudly indepen | ent. Orders Grossman Arrested. “We are of the opinion that und the Constitution ‘the Executive can not draw to himself all the real ju dicial power of the nation by con trolling the inherent and essential at tribute of that power—the authorit to punish for disobedience of the o ders of the court.’ “The motion of the d: upon the presidential pardon, to mo- ify the order of this court so as eliminate the jail sentence is denicil and the marshal is ordered to tak the defendant into custody; and i order of commitment may issue.” The Constitution gives the Pre dent power to pardon “offen against the United States” only, 1 “there are no offenses against United States save those declarcd be such by Congress,” dec | Carpenter. Contempt cases, thereror | he held to be outside that ca “The President derives his ing power from Arti (I) of the Constitut vides: “The President * + | power to grant reprieves and j for offenses against the United except in cases of impeachment.’ “There is no federal common low There are no offenses against _the United States, save the cclared 1 be such by Congres: people could counterfeit with impunity wer. it not for legislation to the contrary Murder on the navigable waters of the United States might be a pastim were it not for congressional action.” The two judges gave separat opinions but concurring in_effect. The opinions of the Attorneys eral of the United States in 1841, 15 and 1852 as to the President’s pow |of pardon were declared by Jud:. | Wilkerson to have been based up. |an erroncous assumption that th. | President stood in a somewkat simi- |1ar position toward the United Sc |courts as the King of England tow jthe English courts. | "1t was well said that the powe; {tax is the power to destroy; it is jr as true that the power to pardon for |contempt is the power to destro |Judicial awthority,” said Judge Wil- |kerson. ““Nor is' it permissible 10 |draw an artificial distinction based upon the method which must be em- ploved or the form of the mandal- which must be used in_dealing with ructions of judicial power. As 1 by Chief Justics White i1 Toledo Newspaper Company versu- United States, ‘the test o * s fg the character of the act and its direc| tendency to prevent and obstruct th: discharge of judicial duties.’ Principle at Ixsue. “Judicial authority is destroyed and the function of the courts as the guardians of the Constitution is im- paired in just the same way by an act in defilance of the courts’ pro hibition as by the refusal to perform an act until compelled by the courts." Judge Carpenter made it clear that the “question to be determined * * + has nothing to do with the propriety of the President’s pardon.” but with his right to pardon. “It is no answer,” he said, “to say that the President would not abuse the pow- er if it were so extended. The clear constitutional separation of depart- ments was not based on possibili- ties.” “We believe,” he explained, “that contempt is a genus of open disre- gard for orders of the court, and that, whatever the species or variety. defiance is involved, and that in no case, in the absence of clearly ex- pressed powers to the executive, can pardon be granted to the offending party if punished.” Referring to the theory that the President should be vested with au- thority to pardon offenses “against laws which it is his duty to execute,” Judge Carpenter said that “the ex- ecutive is not charged with enforcing obedience to the orders of the court, this duty being lodged exclusively with the court itself. The President, We are sure, would hesitate to par- don offenders punished for contempt of the Senate or House of Repre- sentatives. Coniempi No Crime. “It has been urged that the Presi- dent of the United States in the past. under the advice of the various At- torneys General has exercised tho power to pardon for contempt. All we have to say * * * is that time and acquiescence cannot consecrate & wrong. Criminals surely have no vested rights in pardon privileges, and construction of the Constitution by the department usurping a power cannot control. * * ¢ “Prima facie such pardon power conflicts with the independence of the judicial branch of the government. The assumption of suwh power by the ntinued on Page 4, Column