Evening Star Newspaper, November 3, 1924, Page 1

WEATHER. tonight and tomorrow; Temperature Fair change in temperature. for 24 hours ending at Highest, 76, at 3:15 p.m lowest, 38, at 6:30 am. t Full report on page 5. little p.m. today . yesterday: oday. “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. Saturday’s Circulation, 94,374 Sunday’s Circulation, 104,223 TWO OENTS. - The Foening Star. Closing N. Y. Stocks and Bonds, Page 22 WITH SUNDAY MORNING EDITION Lntered as second class matter post office Washington, D. C. 29,406, WASHINGTON, D. C, * MONDAY, NOVEMBER 3, 1924 -THIRTY-FOUR PAGES. LAFOLLETTE VOTE BAFFLES GUESSERS ONELECTION'SEVE Continues to Be Big Puzzle as Campaigns Come to Close Generally. FIGHT TO BRING VOTERS OUT SURE OF SUCCESS Record-Breaking Balloting Confi- dently Expected—Results May Be Slow. BY . GOULD LINCOLN. Staff Correspondent of Star. CHICAGO, November 3.—The prize of the year—what vote Follette—will swered at olls tomorrow 1zzle will reveal the strength of President Coolidse. completed. be a the | also re The campaign is The bustle and buzz about the headquar- rs of the three parties here ha cased. Stores in Chicago display :igns reading: “Pay your election bets with this or that hat.” Campaign managers admit that all t can be done has been done and the result now lies with the people. The only remaining effort will be to get the people to the polls, and local commit- tees and workers will work their | heads off tomorrow at that job. , 1 1 i » In the closing days of the campaign has been ex- no political bombshell & “slush fund” ploded. The La Follette investigation has proved notwithstanding the statements | sued by the counsel for the La Fol- lette investigators. The people have shown a strange lack of interest though the newspapers have printed many columns about the investiga- tion. a Campaign Apathetic. On the whole the campaign has been apathetic in many States, r;\r;i wigners returning from their flvel s ctivity complain. The days when | political rallies were great events in W community seer The radio, the movie, i T St a thrill. During the last week, however, the in(eres‘! in on has developed consider- though not to the fighting ple‘hA‘ Jple are interested particularly inj Wt La Follette will do and in what} of the Coolidge electoral vote the automobile largest vote ever cast in a! presiden election Is confidently | expected, however, And by the same | token the final result of the election in many of the States may not be known until Wednesday or later.; Here in 1llinois, for example, the bal- | Jot which the people are called upon | to mark is almost the size of a bed| sheet, with a great number of names | it’ With a bitter fight over the| Zovernorship, in which large num- bers of Republicans are deserting| i.n Small, the present governor, for; the Democratic nominee, Judge Nor- ! mon L. Jones, there will be thou-: sands of split’ ballots, which means delay in counting. In States like| Colorado, Kansas and Indiana, where | local Ku Klux Klan fights are being | Th vaged, there will be thousands of plit ballots cast also. i Northwest May Be Slow i some of the States | the La Follette leaders claim in the northwest that th returns may be particularly delayed. In Min- ota, for instance, the polls do not ose until 9 pm. central time, which means 1) o'clock eastern time. In North 1 nd’ South Dakota the| first retur come from the cities, | but the bulk of the votes must come from the country district and it is in those that the Progressives are especially strong | Queer twists and turns in the sen- | timent of the voters in some of the States will add to the difficulty of reaching an ly decision. In lowa| Senator Brookhart is running as a | Republican on the ballot, while his riend La Foliette is in the Progre sive column A vote for the Repub- | lican ticket, o straight, means | Coolidge and Brookhart. To vote for Brookhart and La Follette the ballot | inust be split. 1t is the La Follette weakness in that State. In Iowa, too, thousands of stand-pat Republicans will_vote for Steck, the Democratic nominee for Senator, because of their distaste for Brookhart. On the other hand, there is a feud between Demo- cratic factions over Steck, and he will not have the entire Democratic strength, and Brookhart seems sure to carry the State. The fact that Luther Brewer, inde- pendent Republican nominee for the Senate from lowa, still remains on the official ballot, though he has with- drawn by personal announcement, 1lso will oD to aid Brookhart, | for Republicans who might otherwise | vote for Steck as a protest against Brookhart may vote for Brewer. But which it is in Kansas to Split Ballot. In Kansas, where William Allen White fter the scalp of the Ku Klux Klan, the ballots will be split many times. Jonathan Davis is the candidate on the Democratic ticket to succeed himself, and the Democrats have more hope of electing him than they have of carrying the State for John W. Davis. The corn-fed Davis better liked than the milk-fed Dayis in Kansas. Great confidence that La Follette will carry Washington State was ex- pressed to me today by a leading Democrat of that State, who has just come from the coast. It is the hope | of the Democrats and La Follette peo- | ple that their coalition will be suc-| cessful there. In return for support for La Follette in that State, the! Democrats expect La Follette voters to get behind a couple of their candi- dates for the House and to put them across, The State probably will elect » Republican governor, however, this Democrat said. Butler to Remain in West. Chairman William M. Butler of the Republican national committée, not- withstanding his entira confidence in tho outcome of the election, has de- cided to remain at headquarters here until _the election is over before go- ing East. Chairman John M. Nelson of the La Folletle national committee is radiating confidence in the large popular vote that his candidate will .receive, though he is making no pre- dictions about the size of his electoral vote, and confidence in the victory of Progressive candidates for Congress. {Continued on Page 3, Columa 5.) is La | “dud,” | to have passed.:Dr. James C. | called for consultation. | WCAP, {oians decided, In Critical Condition Harris-Ewing Photo. MRS. WARREN G. HARDING. CONDITION SERIOUS Critical Recurrance of Kidney Ailment Follows Death of Dr. Sawyer. By the Associated Press. MARION, Ohio, November 3.—Mrs. Warren G. Harding, widow of Ythe late President Harding, was reported to- day to be in a critical condition at the home here of Dr. Carl W. Sawyer. She is suffering with kid- ney trouble Harding has been ill for sev- eral weeks and has failed consider- ably since the recent death of Brig. | Gen. Charles E. Sawyer, who was j her personal physician and who was ! personal physician to Mr. Hardin ! when he occupied the White House. It became known that Wood of Cleveland was Mrs. Hard- her home at White the home of the ing Oak is making farm, Gen. Sawyer. Dr. Carl W. this bulletin: “Mrs. Harding's condition remains practically the same as last week. She ( has developed a number of symptoms that were present in her serious attack in 1922 in the White House. - Other complications have Sawyer today issued arisen which were not present at that | _ |time and her condition now is rather | Klan issue has operated with equal |and with entirc unanimity pointing serious. ¥richds of Mrs. Harding say she has suffered with kidney trouble for vears, but they attribute her present illness to the shock caused by Gen. Sawyer's recent death following so closely the death of her husband a little more than a year ago. WCAP ABANDONS ELECTION PROGRAM Decides Not to Attempt Broadcast- ing of Returns Simultane- ously With WRC Station. WCAP will not attempt cast the election returns night, it was announced definitely to- day by S. M. Greer, vice president of the Chesapeake and Potomac Tele- phone Co. The second test of simul- taneous broadcasting by WRC and to broad- WCAP Saturday night on widely sep- | |arated wave lengths, according to Mr.|some States was attracted to such Greer, showed that while a large ma- jority of receiving sets of all classes could hear either station without in- | terference, there were a considerable number of sets, mostly of the crystal | type, which conld not tune from one station to the other with any success. The test apparently shows, said Mr. Greer, that because ordinarily only one broadcasting station is working at {a time in Washington many crystal set users have not equipped their ap- paratus with the proper tuning de- vices or may have failed to adjust the receivers to emable them to hear either station without interference. “Under all circumstances,” de- clared Mr. Greer, “the telephone com- pany has decided that it will with- draw its request to the Department of Commerce for a separate tempo- rary wave length, and therefore will not be broadcasting election returns on Tuesday night” Mr. Greer added that the company regretted this ac- tion because, from letters received by it was apparent that there was a widespread desire on the part of radio listeners to have the election news broadcast from both. stations. WOMAN DEAD ON ROOF. {Body Injuries Indicate Fall or . Jump From Hotel Window. HARRISBURG, Pa, November 3.— The body of a Woman who registered | at the Penn-Harris Hotel here Satur- day night as Miss Norma C. Kelly, | Syracuse, N. Y., was found early to- day upon the roof of a building ad- joining the hotel. Her death, physi- was due to injuries resulting from a fall or from jump- ing from a hall window on the fifth floor, where her room was located. P | The United States i Expects ’ Every American to Do His . Duty— VOTE ’ £l vesterday | late | tomorrow | APPEALS BY RADID T0 BRING CAMPAIG 10 CLOSE TONIGHT Coolidge and Davis to Urge Record Vote—Bryan and Wheeler on Stump. HOT STATE FIGHTS TURN ON DISPUTE OVER KLAN Prospect of Good Weather Indi- cates Heavy Balloting—All Sides Profess Confidence. By the Axsociated Pross. The campaign of 1924 is passing through its final hours in a swirl of | activity destined to make politica | | history. For the first time two presi- | | dential candidates, President Coolidg« |and John W. Davis, are preparing to | address an election-eve message to the same audience—a radio audience that will extend the country over. Two candidates for the vice pr dency likewise are upsetting prece- dent by continuing through pre-elec- tion Monday their speaking cam- paigns. Gov. Bryan is completing a swing through his home state of Ne- braska, and Senator Wheeler is wind- ling up his coast-to-coast speech- making tour in Baltimor | La Follette at Home. Senator La Follette, having laid his case finally before the people in a Saturday night address at Cleveland has returned to his home in Madison, and Charles G. Dawes is awaiting in Evanston the verdiet of tomorrow's balloting. Managers for all three of the presidential tickets, after making the usual pre-election claim of victory, devoted much of today to perfecting machinery to get out the vote. A fair weather forecast for most of the country fitted in with these prepara tions and appeared to presage a ree- ord vote. Besides making a decision among the three presidential candidates, the voters will choose tomorrow the com- plete membership of a new House of Representatives, 34 United States enators, 34 governors of states and a host of local officials. In several States the local campaign |has seen an almost complete oblit- | eration of party lines. The La Fol- lette movement, seeking strength from both of the old parties and help- ing Democrats in some localities and Republicans in others, has turned | topsy-turvy the established order In | there was such a mass of advance | indications of the probable outcome | | more than one political community in the West. In other localities the Ku Klux | force to tear down party alignments and cloud the outcome with uncer- tainty. { The Republican claim to national | victory is based on an assumption that Coolidge and Dawes will sweep both the East and the West and cut | into the borderland of the solid South. ! _The Democrats declare Davis and Bryan will take the border States, s well as the South, and will nose out a victory by a combination of doubtful States in the East and West. The major strength of La Follette and Wheeler is conceded to be in the | Northwest, with Wisconsin as its cor- | ner stone. ‘ HEAVY VOTE ANTICIPATED, Good Weather Forecast Favorable | to Regord Turnout. | By the Associated Press. CHICAGO, November 3.—Heavy [ voting in the election tomorrow was | anticipated in.the Middle West by po- tical leaders as the three-cornered | campaign for President overshadowed | most State issues. | In spite of the interest in the presidential choice, great attention in jissues as the Ku Kiux Klan in Illi- | noi Kansas and some other States, and the candidacy of Mrs. Miriam A. Ferguson, the Democratic nominee for Governor of Texas, who is seek- ing election over Dr. George C. Butte, | Republican. i In Kansas the gubernatorial race lis a three-cornered ome, with Wil- !liam Allen White, Emporia editor, | running as an independent squarely | opposed to the Ku Klux Klan. Clos- ing features of the campaign in that State included charges by | Robertson, Democratic State chair- | man, that two Democratic workers |nad been suspended from the Ku Klux Klan for campaigning against ‘Arthur Capper and Ben S. Paulen, the Republican candidates for United States Senator and governor, re- | spectively. Kilan Issue in Illinols. In Ilinois the Klan issue was { brought out by opponents of Gov. lben Small, Republican. The cam- paigns of Judge Norman L. Jones, Democratic gubernatorial nominee, and of Gov. Small have been vigor- ! ous, and, although the governor and his supporters claimed confidence of his election, Judge Jones' forces de- clared a recent trend indicated he Would be the choice. Another en- (Continued on Page 4, Column 5) fe—— ‘COPELAND MUST DIE | FOR DUNIGAN MURDER Court B:ef\uel New Trial to Negro Who Shot Police Officer to Death. ‘Herbert L. Copeland, colored. who shot and killed Police Lieut. David | T. Dunigan May 21, 1918, must pay the penalty of his crime on the gal- lows. The District Court of Appeals today refused a new trial asked by counsel for the prisoner. ‘The opinion was hendered by Chief Justice Martin. Copeland escaped from the jail and |was at large for four years until he was located at Akron, Ohio, and- re- turned to Washjhgton. He denled his identity for sfme time and would not admit it unti}f called for arraign- ment in caurt. The court als| viotion and deat| Thomas, colored, of his wife, upheld the con- sentence of Ralph who cut the throat b. 0. P. LANDSLIDE - BELIEVED CERTAIN ‘Leaders, Jubilant, Predict Election Will Be ‘Massacre.’ Democrats Uncertain. Staff Correspondent of The Star. NEW YORK, November 3.—"It 10t a battle—it is to be a massacre, | this is the conviction of the Republi ican leaders here on the eve of to- | morrow’s election, and the real { thought of the Democratic leaders as jthey have that sinking feeling is ! “there is | that point.” | No campaign can be reaalled when { BY ©. MESSENGER, ! | {as -have been accunralating from i every source in the past few weeks f to the election of Coolidge and Daw: Their victory appears insured not by [ but a vote in reaching the a narrow | electoral margin, college the gest the query whether the Republi- | can leaders were spoofing us when they ran around sounding the alarm that the election might be thrown {into Congress and “Brother Charles” | chosen. The statement that the Republican ticket will win does not break upon the country as a surprise; indications have been pointing that way for many weeks, even from the first trip ‘ ALLEY DWELLERS probably much to be sald on | pro- | portions of a “landslide,” which sug- | HOPE THE, WIND 5 DOESNT SHIFT Y& BEFORE “TOMORROW |Giant Eagle Flies To Death Before Huge Crow Army ted Press. ZRS, France, November 2.— The strange sight of a huge eagle being pursued by a flock of crows estimated at some 3.000 caused the townsfolk to crane their necks here. The eagle cventually sought refuge at the Chateau de Cussy, where keepers shot it, whereupon the flock of crows dishanded and disappeared. The eagle was found to measure more than eight feet across the wings. LOSE COURT CASE Injunction to Prevent Ouster| Is Set Aside by Court . of Appeals. The District Court of Appeals in an opinion by Justice Van Orsdel to- day xet aside the injunction granted by the District Supreme Court against the District Commissioners to pre- | vent them proceeding to enforce | against Charlotte E. Lockwood and others the provisions of the act of | Congress prohibiting occupancy of houses in certain alleys. The court does not pass on the constitutionality | ELEGTION PARTY PLANS COMPLETE Star Will Furnish Up-to-Min- ute Returns From States Tomorrow Night. Washington was all astir today | completing preparations for peceiving tomorrow night the news that will decide whether moving day will be observed at the White House on March 4, 1925. From the President of the United States, who has a rather personal in- terest in the outcome of the election, to the plain citizen of the District of Columbia, who is forced by law to watch the presidential race from the sidelines, extensive arrangements have been madg to learn by wire, wireless and the-press of 4 nation’s choice for its leader. Setting In Completed. The Star today completed the setting for an outdoor election party, to which the public is invited, and which will feature the flashing of the iatest bulletins throughout the eve- | ning on a gigantic screen erected to- day on the Pennsylvania avenue side of The Star Building, with the added attraction of a complete discussion and analysis of the incoming returns by Frederic Willlam Wile, famous political observer and writer for this paper. The Star's extra edition will give detailed reports of the progress | of the voting. Radio Outfit for President. made in the campaign by John W | Davis, and his failure to mak: an 1 of the act, but declares that the I President Coolidge, candidate of the impression upon the voters. 1 asked trict Supreme Court lacked jurisdic- | Republican party for re-election, will Fred | a keen politician here to what he ! attributed Mr. Davis' failure to make | a dent in the situation, and he said, | “Satisfaction with Coolidge.” lit is in a nutshell. The voters had | become acquainted with Coolidge the !man, Coolidge the executive, and | could see no reason to replace him. i Coolidge Is Not Blamed. Even though Republican officials had betrayed their trust and tainted the organization with scandal, no | amount of assertion could convince | the country that President Coglidiy was party to or even responsisle to “I(. but that the conduct of Govern- t would be as sate in 2is nanus in any others. Every knock | against Coolidge has proven a boost. Another explanation of the Repub- lican victory which is looked for to- morrow is tha. the country is play ing safe in martial affairs and is expressing 2 vole of confidefice in the Republican party 1o conduct gov. |ernmental affairs and the Nation’ business rather than either the Doem. ocratic party or a hybrid combina- tion of bi-partisan 2nd semi-sucial- istic political and economic «lements. Another phase of safety first. But after all when all is sald and foundation of this expected verdict at the polls lies the spirit of satisfac- tion with and confidence in Coolidge the man and also with his running mate, the business-like Gen, Dawes with his rugged character. This will be largely a personal victory for these two men and further exemplilcation of the growing tendency in super- politics to put men above the parties. | The Republican victory will be, of | course, a stinging rebuke to the | third party, with its platform of as | many colors as Joseph's coat. It is | promised by the third party leaders that their fight is to continue, but there is every indication that tomor- row’s verdict will put a crimp in it. As Secretary Hughes pointed out in his speech, hereafter they will have | to come out in the open and not un- | dertake any Trojan horse-stalling | under the Repubican banner. And | that will help some. Tonight the country will be | ears” with Davis and Coolidge “on | the air” to have their last say. Poli- | tictans think it is doubtful if many | votes will be changed for they be- i lleve the “game is set,” and in fact { has been for some time. all - -0 | The United States The Right to Vote,— Therefore, VOTE for National Representation for _s! Radio Programs—Page 2L | done, it cannot be denied that at the , trict government reached There | tuted by the Commissioners for vio- | run straight through from one street tion to entertain the suit before some | criminal proceeding had been insti- | lation of the law. The fear of the possibility of a} multiplicity of suits is not sufficient the court holds, to invoke equitable Jjurisdiction. The plaintiffs own houses in Jackson Hall Alley, which is supplied with sewer, water and gas, but such facilities have not been extended to the houses. The lower court held that the conditions of the law applied to the alleys and not to the houses. ‘Will Study Decision. a number of | Corporation Counsel Stephens stat- ed this afternoon that he would have to read carefully the decision of the ‘ourt of Appea before deterpuining what the next step should be in car- rying out the provisions of the alley- closing law. Early this year when the date for the enforcement of the law was near at hand the corporation counsel sub- mitted an opinion to the Commission- ers which had the effect of limiting the closing feature to a comparative- | ly few alleys. The legal department of the Di: the con- clusion at that time that the lan- guage of the law was such as to re- quire the abandonment of alley dwellings only where the alley was less than 30 feet wide, and failed to to another and where sewer, and light were not provided One of the questions which arose following ' this opinion was whether any one of these conditions would prevent the closing of an alley dwell- ing or whether all of them had to be present. The corporation counsel will make a study of the Court of Appeal's de- cision within a few days, AUTO water S FORCE BERNARD MONKS TO OPEN HOTEL Curious Visitors Too Numerous to Continue Free Meals at ‘Hospice. By the Associated Press. PARIS, November 3.—Increased au- tomobiling has been chiefly respon- sible for the decision of the great St. Bernard Hospice to .open a hotel For nearly a thousand years food and shelter have been freely given to all travelers who have halted at the famous hospice, which is noted for the life-saving dogs attached to it. No payment was ever asked, but the church contains a box for voluntary offerings. For a long time these offerings have not been in any way in proportion to the number of visitors, ever growing, owing to increased motor touring in| the Alps. It now is proposed to meet the diffi- culty by turning part of the building into a hotel and place it in charge of a professional manager. hear his fate at the White House in a room specially equipped with radio outfit, special Associated Press and Western Union wires and a special wire to Republican national head- quarters. * Mr. and Mrs. Coolidge have invited as their guests several of the cabinet members who are in. the city, with members of their families, and a num- ber ot other friends. All the political committees, clubs and organizations have made special afrangements for rceiving the re- sults of a nation-wide poll. Workers at tne local headquarters of the Re- publican and Democratic national committees, with their friends, will stage election parties at their offices, while similar meetings will take place - at the local Republican and Democratic committees and clubs. Program at Hoteis and Clubs. Hotels, cafes and private clubs will inform their patrons or members of the returns, either by radio loud speakers, screened bulletins or verb- al announcemeuts. Theaters also will make election announcements from the stage or on the screen. Meanwhile, with everything “all set” for the big showdown tomorrow, Washington managed to carry on its customary routine of business with- out interference. Perhaps the least disturbed of any one in the city was President Coolidge himself. Coolidge Remains Calm. From il outward appearances the eve of tne 1924 national election means nothing to him. There was nothing about his facial expression, his tone or his general conduct that indicated he had anything on his (Continued on Page 4, Column 6.) " Election Toll Church Bells Early Tomorrow To Bring Out Vote By the Associated Press. BURLINGTON, Vt,, November 3.— In an effort to bring out a record vote in tomorrow's election, the city authorities have arranged to have all church bells tolled at 8 o'clock, the hour set for the opening of the polls. The ringing of the bells, the an- nouncement said, would “remind the public that it has a duty to perform.” PERRYGOWINSNEW Justice Robb Bases Decision on “Third Degree” Method in Getting Confession. Third degree methods have no plac in our civilization, declared Justice tod: when he granted a new trial to Edgar Randolph Perrygo, 22 years old, who was convicted of murder in the first degree in connection with the Killing of Mrs. Emily Faithful at her home on Congress Heights in February, 1920. Perrygo was 17 years old at the time of the tragedy and has been in jail nearly five yvears, most of that time in the death cell, as his execu- tion has been postponed from time to time. The youth probably will be taken from the death cell this after- noon and given another cell. The only assignment of error on which the appellate court acted in reversing the conviction and ordering a new trial was the introduction of a confession by Perrygo, said to have been obtained by the police through the use of so-called methods. i Protection I Demanded. “While it is to be expected,” said {the court, “that police officers will manifest zeal in the detection of crime, the citizen is entitled to the protection secured to him by our Con- stitution and laws. It is apparent that the defendant, in a case like the present, not only is at a serious dis- advantage during a gruelling exami- nation by several pol officers, but that this disadvantage attends him |at the trial, when the officers may or |may not remember all that occurred at the examination.” The judgment of the lower court was reversed and the case was re manded for a new trial. Attorney James A. O'Shea and John I Sacks appeared for Perrygo. These two lawyers also obtained a reversal of the Wan case recently in the United States Supreme Court, in which this tribunal ruled out a confession which Wan is supposed to have made under the “third degree” method. Justice Robb, in the course of his lengthy opinion, referred to the Chi- nese case, saying that “in that case, as here, the question whether the | confession was voluntary had been | submitted to the jury. The court ruled, however, that the testimo |0f the superintendent of police, three | detectives and the chief medical of- ficer “left no room for a contention that the statements of the defendant were, in fact. ‘voluntary,’ since the ‘undisputed facts showed that com- pulsion was applied." " Reviews His Confession. [ In the present case, according to | the evidence for the Government, says | the court, “the defendant, within |few hours of arrest, confes: he had murdered a helpless old won an and turned over to the girl he wa about to marry the money he had obtained thereby. After his arrest he complained that ‘he had a head- ache and felt sick. and, unless he was utterly bereft of human emo- tions, that was a mild characteri: tion ‘of his condition. In addition, he was but 17 vears old and of low mentality. We do not mean to in- dicate that he could not understand right from wrong, but we do mean that his age and mentality are im- portant factors in determining whether, in the circumstances ad. mittedly surrounding him, his cor fession was voluntary. “Surrounded as he was,” continued the court, “by four and at times five police officers, who all questioned him, he persisted in his denial of guill {for more than an hour and a halr, and it was not until the girl, Mabel Hill, was brought into the room that he made an inculpatory statement. * * * The undoubted purpose of confronting the defendant with the Hill girl was to induce him to make an incriminatory statement. No other purpose could have been sub- served by her presence.” d SLAYER GUIDES FTOLICE. MARSHFIELD, Mass., November —The body of John Roderick, fatally shot, was found by police last night buried in a shallow grave in the woods here. They were guided to the spot by Christian Martin, who told police that he had become conscience stricken three hours after he had slain Roder- ick in a quarrel over a game of cards. Martin was placed under arres charged with murder. Returns Tomorrow Night at The Evening Star Building Bulletins by Telegraph and Radio will be shown by Stereopticon, and will be amplified and interpreted by Frederic William Wile Over a Glorified Loud-speaker which will make his voice clearly audible for - a great distance. Reports from the election will be interspersed with cartoons and musical numbers. An extra edition of The Star will be issued as soon as results are known. TRIAL FOR MURDER Robb of the District Court of Appeals | “third-degree” | a| RENT LAW INVALID, EMERGENCY PAST, COURT OF APPEALS RULES IN FINK CASE Supreme Court Opinion in May Leaves No Constitu- tional Basis for Act, Jus- | tice Robb Holds. DUTY PLAIN FOLLOWING | THAT FINDING, HE SAYS | Statute Still May Be Made Perma- | nent If Conditions Which it Was i Originally Intended to Meet Can Be Proved to Exist in Capital i Today, Verdict. t There no housing emergencs in Washington and after the United | States Supreme Court had decided the passing of the emergency in the Chastelton opinion last April therc i was “no constitutional basis for the | legislation by which Congress, May 117 last, purported to continue the Ball rent law in force for another i year.” { This is the purport of the opinior !of the District Court oi Appeals rendered today by Justice Charies H. Robb, in which the decision Judge Mattingly of the Municipal Court, in the case of Peck vs. Fink was reversed, and the cause re- manded for further proceeding Judge Mattingly had held the Ball | rent act to be in force. A writ ¢ {error had been allowed from that ruling. Jps(|\'o Robb points out that this legislation “intended to meet a tem- porary emergency” has already bee extended for more than 5 vears and if the emergency is not at an end may be cortinued indefinitely and may become permanent law. He d. clares the opinion of the United States Supreme Court in the Chastle- ton case is so clear that it must be taken as an authorative declaration by the highest tribunal that the emergency has ceased to exist at the date of that opinion upon facts known judicially to the court. | The plain duty of the Court of Appeals, Justice Robb says, is to ap- ply the opinion of the United States Supreme Court to the case at bar as that opinion is 0 clear and direct s to leave no room for doubt as to its meaning.” Emergency at End. reference to by Congress law Justice Robb is true that after by the United States Supreme Court on May 17, 1924, - Congr pur- ported to continue the legislation in force for another year. there was no constitutional basi the legisla- tion, the Supreme Court having de- clared the er ney at an end upon facts judically known to the court.” In the course of his opinion Jus- tice Robb says: "his writ of error of the Munici- | pal Court of thé District of Columbia involves the questiof whether the emerge giving rise to the enact- ment of the so-called rent law of the District still existed on May 2, 1924, the date of a determination by t | Rent Commission reducing the agreed rental of the premises in question “On May 1, 1922, the piaintiff error leased to the defendant in ror the premises involved at an agreed monthly rental, pavable in advance. On November 19, 1923, de- fendant in_error filed a complaint | with the Rent Commission for an adjustment of rent. Hearing was had in March following, and on May 2, 1924, the commission announced its finding. Meanwhile, . the Supreme Court of the United States had an- nounced its decision in the c of | the Chastleton Corporation vs. Sin- cla 4 U. S. 543, and plaintiff in error, contending that the finding of | the Rent Commission was a nullity, | served notice upon defendant in er- | ror as tenant to surrender the prem- |ises by reason of his failure to p | the agreed rent. i Precedents Cited. | “The life of the original rent {of October 1919, was limited ars. Block vs. Hirsh, . the constitutionality of that s upheld because as states in Pennsylvania Coal Company vs. Ma- hon, 260 U. it dealt withy the | congestion of the City of Washington |resulting from the war, although the act ‘went to the verge of the law | The opinion in the coal company ca. |was announced in December, 1 | The act of August 24, 1921, purported !to continue the rent law in force. ! with some amendments, until May 22, 11922 " On the latter date there was a | further declaration by Congress of the continued existence of the emer- gency giving rise to the original act Which, with further amendments, W iextended until May, 1924. The deci- | sion of the Supreme Court in the | Chastleton case was announced April 121, 1924. On the 17th of May, 1924, | Congress purported to continue the |rent law in force until May 22, 1925. |1t thus appears that this emergency |1egislation, originally limited to ex- Ipire in 1921, has been prolonged by successive extensions until the mid- ldle of 1925, a period of more than | I | sion the recent exte of the Ball rent states: ““While it such declaration in er- law to Reverses High Court Opinion Justice Robb then reviews the opin- the United States Supreme {Court in the Chastleton case, and i i “The court then declared that it was | not necessary to inquire how far it ! might go in deciding the question of | the passing of the emergency for | itself, on the principles enunciated in certain cited cases, adding. ‘These cases show that the court may as- | certain as it sees fit any fact that is { merely a ground for laying down a i rule of law, and if the question were merely whether the statute 's in force {tcday upon the facts that we judi- | cially know we should be compelled |to say that the law has ceased to operate.’ Inasmuch as the case before court Involves conditions in Washington at different dates in the ntinued on Page 4, Column