Evening Star Newspaper, January 12, 1925, Page 1

A WEATHER. “Front Press to Home (U. 8. Weather Bureau Forecast.) S Unseftled tonight and tomorrow, Within the Hour™ probably light snow tonight; cold tomorrow. Temperatures—Highest, 32, at not so The Star’s carrier system coverg every city block and the regular edis tion is delivered to Washington homes 2 p.m. yesterday; lowest, 23, at § a.m. today. v Full report on page 4. Closing N. Y. Stocks and Bonds, Page 20 29,476. post office, Entered as second class matter ot Washington, D GOV. DAVIS AND SON HELD UNDER BOND ON' BRIBE CHARGE Warrants Allege Kansas Pair Conspired to Get $1,250 for a Pardon. HEARING WILL BE HELD IN TOPEKA JANUARY 23 Executive Says He Welcomes Op- portunity to Prove Political Frame-Up by Foes. Br the Assoclated Press. OPEKA, Kans., January 12.—Gov. Jonathan M. Davis of Kansas per- sonally appeared In court here this morning to answer to warrants sworn out by ¢ Attorney Tinkham Veale charging him and his son Russell with accepting a bribe The bond for each defendant was met at $1,000 and a hearing was set for January at 10 o'clock. Davis had not decided whether the inaugural cere- monles at mnoon for his v-elect Ben S. Paulen prepared Ke would attend successor, He had be de- brief address to livered as retiring executive, but his attorneys differed in advising whether he should attend. Term Has Now Expired. Coming within two hours of the re- tirement of Mr. Davis as governor, the court proceedings brought 10 stormy close his two-year term as chief executive as the third Demo- Slected in 19 er governor in the history of Karsas, his administration was plunged into a quarrel with the over whelmingly Republican Legislature. The executive sent to the Legislature his recommendations and demands for investigation of State offices, all of which were under Republican con- trol, and some 60-odd vetoes. All but halt dozen the veto Two weeks ago the discharge of E. H. Lindley, chancellor of the Uni- versity of Kansas, aroused a storm both of protest and approval. For two weeks the governor and thc State Board of Administration battled in the courts, the chancellor seeking xn injunction to prevent his dismissal, and charging the governor with “bad faith” in removing him Last Saturday the State Supreme Court upheld the governor's arbitrary the chancellor power to discharge without hearing or statement of cause. Proceedings are Condemned. Bondsmen included R. T. Kriepe, manufacturer and deputy bank com- missioner; S. L. Courtney, merchan Robert L. Hendricks, retired farmer W. H. Kemper, capitalist; C. B. Mer- riam, and J. . Burrows, bankers, and William Quail, retired Hendricks characterized the pro- ceedings as an “outrage” designed to humiliate the governor on the last day of his administration. Later the governor =aid he decided to go through with the in- augural exercises and would deliver an address. ¥riends of the Davis family were d at the speed with which the warrants were issued and served, de- claring they believed that the service could have been postponed until after the inaugural, as a courtesy to the retiring executive. Imprixonment ix Possible. is based upon evidence The action of witnesses who listened in over a telephonic connection in a Topeka hotel last Friday to a conversation during which it is alleged Pollman paid the governor's son $1,250 upon the delivery of a pardon. Pollman has been at liberty on parole two years and would have regained full citizenship April 1. He was convicted of forgery and was paroled by Gov. Henry Allen Accepting a bribe is punishable under Kansas statutés by a from $200 to $1,000 or imprisonment for from one to seven years, or both The complaint was agree upon and | at a conference torney general's office, yesterda was first decided to charge * ing and accepting a bribe,” but it was found that a Supreme Court decision drafted in the at- had determined that it was not un- lawful to solicit a bribe. Felonfous Plot Charged. The warrants were issued by Judge Paul Heinz of the court of Topeka and immediately delivered to Tom Hurley, marshal of the court, who was instructed to serve them imme- diately Col.” A. M. Harvey, the governor's attorney, was in court when the wa rants were issued. The warrant says that Jonathan M. Davis Davis did intentfonally and Russell and know- ingly conspire together and did as- st, aid i abet with each other in the receiving and accepting of a certain bribe.” It further says that jonathan M. Davis, as Governor of K nsas, “accepted, through his agent, his son, Russell Davis, $1,230 under certain agreement between his son tussell and Fred Pollman” s o = That he, the said Jonathan M. Davis, would grant a pardon to one Fred Pollman, who had been com- mitted to the penitentiary and who was then on parole, In consideration of the payment of '$1.250 to the fendant, Russell Davis, hie said agent as aforesald.” Welcomes Showdown. Formal filing of charges would be welcome as an opportunity to “clear his skirt Mr. Davis asserted. I do not believe there fs sufficient evi- dence to justify the filing of a charge,” he sald “However, if they want to file, let them come ahead.” | The governor asserted that while his son had accepted $1,250 from Poll- man last Friday night upon dellver. ing a pardon to the banker, the trans- action was a “frame-up” to hurt him politically and that his son had re- turned the money when he realized what had happened. INCOil\VfiEi :I'AX 1;EST UP. The test case against Walter . Dickey and Ralph Ellis of the Kansas City, Mo., Journal-Post, to determine the Tight of newspapers to publish income-tax payments, was advanced today by the Supreme Court for hear- ing en April 13 next bllls were passed over | had | fine of | de- | Che WASHINGTON, D. C, MONDAY, JANUARY 12, WITH SUNDAY MORNING EDITION iKellogg Attributes His Selection ' To Capacity to Keep Mouth Shut Secretary of State Appointment Ami | | BY CONSTANTINE BROWN, | By Cable to The Star and Chicago Da'ly News. | PARIS. January 12— “President | Coolidge is a very silent man. I have an idea that one of the reasons he entrusted me with the very respon- sible position of Ambassador to Great Britain was because he knew that 1 | would not open my mouth. As the fu- ture Secretary of State I shall open it even less.” "his was the statement of Ambas- | sador Kellogg made Sunday to French inewspaper men who were eager to | know what will be the fyture for- | eign policy of the United States Causes Sensation in Parix. The news of the resignation of retary of State Hughes caused as much of a sensation in Paris as it | | SPECULATION RIFE - ONHUGHES' ACTION Observers Think Return to | Law Not Only Retirement i Reason. BY FREDERIC WILLIAM WILE. | Much water will flow beneath the | bridges of the Potomac before specu- | lation ceases over the resignation of | Charles Evans Hughes as Secretary jof State. Mr. Hughes' expressed de- | sire to rebuild his private law, prac- tice after 20 years of public service is universall believed to be the broad reason for this retirement, but there is far less agreement as to the collated motives that governed | his decision to retire at this partic- jular juncture. It is on that score that official Washington, which has not | vet recovered from the shock and surprise of the Secretary of State's action, s puzzled and guessing. To this writer comes a suggestion that has many elements of plausibil- {ity. It is understood among insiders | that when Calvin Coolidge delivers | his first inaugural address March 4 { he will reveal himself along lines of i policy original and independent be- | Yond anything hitherto exhibited. He | will be President In his own right. | He will be liberated from his public Designate Accepts dst Praise of the European Press—Hughes Lauded. some leading member of the French cabinet had resigned, and all the newspapers are attributing It to the desire of “the most able man in the Republican party to obtain the high- est executive office In the United States and his desire for freedom of action to prepare for his coming to the White House in 1928." French political circles and the leading journals are full of pra of the former Secretary of State, who has shown a comprehension of European affairs and had generous ideas, but they fear his work toward the reconstruction of Europe, as rep- resented by the naval disarmament conference and the Dawes plan, will never be as successful as he had since “American public opin- not agrec to let the Amer- "age 3, Column 4) 3,000,000 Starve In Increasing Cold Of Korean Winter By the Axsociated Press. TOKIO, January 12.—As the in- tensity of Winter in Korea in- creases, more than 3,000,000 per- sons are reported suffering from a famine, according to word today from the Associated Press corre- spondent at Seoul. Zenra reports received at Seoul indicate that more than 50,000 ex- treme cases of starvation exist in that district alone. The peasantry Is attempting to stave off death by living on tree bark roots. Government rellef measures are wholly inadequate. It Is inevitable, the correspondent reported, that suffering will increase with the advance of Winter. SR E { SHANGHAI LOOTED AFTER RECAPTURE Troops Pillage City When Chi Regains Control by Sur- prise Move. By the Associated Press. s R e, 199, SHANGHAI, January 12.—Both | Pledge of August 3, 1923, to carry|yicter and vanquished In yesterday's | out “Harding policies.” The thought |1s fnding expreaston in many re-|°0UP 'bY WRISh OBl 8tleh-Yuan, de- | sponsible quarters that foreign policy | Pos¢d mllitary governor o this | ix one of the realms in which Mr.| (Klang=u) province, regained con- | Coolidge will branch out on his own | account. It is an open secret that thus far | the President has accepted, approved and pursued the policies bequeathed | to him by the Harding administration. | In that administration and since the influence of Charles Evans Hughes | upon our foreign relations has been trol of Shanghai, united this-merning | in an orgy of looting. The soldiery, both of Gen. Chi. whose attack was a defiance directed | in | at the provirional government Peking, and of the defending forces led by the Peking appointee, Chang Yung-Min, ran wild through Nantao, paramount. There probably is not a | the native city, which adjolns on | major affair in which he did not map |the south the French settlement |out and " recommend the program | pere. | eventually adopted, whether it was| ol |the United ~States’ attitude toward| Native merchants and household- | German reparations, non-recognition {of Soviet Russia, or Japanese exclu- | sion. In virtually no case, of which | the public has knowledge, has any- thing but the views of Secretary | Hughes prevalled. Counsel Accepted. 1t is his own habit to refer to him- self, lawyer-like, as the “general counsel” of the administration; and the counsel h“e's given has been ac- i cepted and acted upon. There are few State Department regimes on record |in which the head of the department | has exercised sway so fully as Charles | Evans Hughes since March, 1921. Now, if President Coolidge intends taking the helm in foreign policy to a more vigorous extent than hitherto, authoritles point out that Mr. Hughes isn't the type or the temperament that would fit easily into a new pic- | ture of that kind The President and his Secretary of State have co-operated in the past without a noticeable Indication of friction. Some persons thought they | | discerned friction on December 24, when | the White House issued a disclaimer | of the published statement that Mr. Coolidge had “rebuked” the French Am- bassador. But the circumstances under which the White House statement was issued were rather proof of the smooth lialson maintained with the State De- partment than otherwise. Borah Seen Ax Cause. There's another explanation on many well posted lips for Mr. Hughes' sud- {den abandonment of a post which, | everybody knows, he has enjoyed as no | other work he ever did in his life. Wil- llam E. Borah Is now chairman of the Senate committee on foreign relations. Borah and Hughes speak as they pass by, and have a good deal of mutual re- spect for each other. But there is hard- {1y a single important feature of Amer- {ican foreign policy on which these two ers in that region today were franti- cally removing their possessions into the protected foreign quarters, in de- | fense of which the volunteer corps, composed of most of the foreigners in Shanghal, had been called out. Firemen Resist Troops. | The volunteer corps, alded by Chi- nese merchants and members of the Chinese fire-fighting brigade, was this afternoon making futile efforts to cope with the unrestrained soldiery. Several bands of soldiers which ! penetrated within the boundaries of the French settlement, which was nearest the scene of the looting, were disarmed without difficulty and many of them already put under arrest. All the Chinese district immediate- ly adjoining or surrounding the for- | elgn quarter were at the mercy of | the soldiers on both the attacking and defending forces, but authorities of the foreign quarters today ex- pressed their confidence that any emergency and that no fear need be felt for the safety of any for- eigners in Shanghai. ATTACK IS SURPRISE. Chi Takes Control Before Shot Is Fired in City. By the Associated Press. LONDON, January 12.—A dispatch to the Exchange Telegraph from Shanghai says.that Gen. Chi Hsieh- Yuan, former Governor of Kiangsu, occupied the native city of Shanghai yesterday morning in surprise coup without firlng & shot and later com- pletely surrounded the entire opposi- tion force, consisting of three divi- sions in bar s. The dispatch adds that Gen. Chi is dynamic, forceful personalities see eye ntis Page 3 n5) That the body of Woodrow W son will rest forever on Mount St. Alban, in the crypt of the National | Cathedral, was settled beyond all | dount today when actual prepara- ticns were begun for the placing in Bethlehem Chapel of the perma- nent sarcophagus for the remains, Work will start at once, it was announced at the cathedral today. and at the office of Bolling & Clark, engineers and builders, it was stated that the final tomb will be com- | pleted in about a week—possibly | in time for the chapel services next \Sunday. The work is being done, it is understood, under the personal di- rection of Mrs. Wilson. R. W. Bol- | ling, member of the firm which is | to place the sarcophagus in pos | tion, is a brother of the war Presi- dent’s widow. Mr. Bolling visited the chapel today and looked after | the errival of the crated parts. In deference to the wishes of now expected to again take up the (Continued on Page 3, Column 2.) |Permanent Sarcophagus for Wilson | Being Erected in Bethlehem Chapel Mrs. been Wilson, little publicity has given to the plans for the final tomb. It is known that it will be of simple and dignified character. It will consist of the sarcophagus proper, a canopy and a grill. At present a small stone tablet, engraved simply with the name of the late President, marks the spot where the body lies. The chapel has become a na- tionally known shrine since Wood- row Wilson was interred there. Frm time to time it has been reported that upon the completion of the great cathedral building the Wilson tomb will be moved from | Bethlehem Chapel to the main part | of the edifice. Whether or not this | will be done has not been deter- mined. 1f it is decided to do this the body probably will be placed in the great north transept. But It |s certain that the tomb will remain always on the heights of St. Alban. rl{adio Programs—Page 19, | ginning with their | defense units would be able to handle | CLAIMS AGREEMENT WITH ALLIES WINS ACGEPTANCE HERE | State Department Says Ten- tative Arrangement Meets U. S. Policy. {DETAILS STILL LACKING ON ALLOCATION OF FUND | Paris Says 2 1-4 Per Cent of Ger- man Payments Will Go to America. The tentative agreement arrived at in Paris between American represent- atives and the allled finance ministers has be enaccepted by the Washington | Government. Acceptance of the arrangement was made known today at the State De- | partment, where It was emphasized that no departure from the American policy toward collection of claims |under the Dawes plan from German |annuities was involved | Concurrence of the United States | in the plan so far has been given only {to the principle upon which the pro- {posed adjustment is based. JDetalls |of the plan are lacking here and the State Department is understood to have limited its approval to the main {outline of the structure as made {known to it by ils representatives in i Paris. ‘When the plan as a whole is |celved a decision as to its accepta- bility in detail will be reached. It {has not been decided whether an- | nouncement of the final decision will be made here or by the American rep- resentatives participating in the Paris meeting. ALLOCATION IS AGREED. Other Points, However, Remain to Be Adjusted. By the Associated Press. | | | re- PARIS, January 12.—Allocation of 21 per cent of the receipts from Germany under the Dawes plan, be- the first annuity, to payment of American war damages is the first definitely settled point lin the discussions of the interallied financial conference. The other points in which the American delegation is interested are in a falr way toward the settlement to the satisfaction of Washington, but considerable more negotiation is necessary and the chances are that lthe plenary meeting of the confer- ence, which was postponed from to- day untll tomorrow, may be put off {another day. France Cedes Most. | The share to be reserved to the United States will decrease the per- centages of the allies, France ceding |the greater part, of 1% per cent, but {it is pointed out that extension of i the period over which the occupation | expenses were spread under the | Wadsworth agreement compensates largely for these concessions, as it will take 50 per cent less from the reparation payments. The decrease in percentages will be furthr oftset by the fact that with- in a couple of years, after Belgium has been paid her priority in full, the Belglan percentage will fall from 8 to 414 per cent. The American delegation is making use of this argument to resist the demands of the allies that the begin- ning of the pagments toward the American Army costs be deferred until 1926, and British shares in the reparations will be restored, respectively, to 52 and 22 per cent after the Belgian part is reduced to 41 per cent. Twenty Installments to be Pal, The American occupation costs, ac- cording to British sources, will be re. paid In 20 installments of 52,000,000 gold marks ($13,000,000) annually, be. ginning in 1926. This will yield prac- tically the same total as the Wads- worth agreement for 1,072,000,000 gold marks ($268,000,000) payable in 12 years, which now is scrapped. The payments, however, are spread over a longer period and therefore have less value from the banking point of view. The American reparation claims, ac- cording to the same sources, will be repaid, beginning immedliately, out of the 23 per cent taken from the shares of the allles. It is provided, however, that in no year may the total of United States Army cost and reparation payments exceed $7,00,000 | gold marks ($21,750,000), which was i approximately the figure of each of the 12 payments under the Wads- worth schedule. As the Army costs amount to 52,000,- 000 gold marks yearly the payments to America on reparations thus can- not exceed 35,000,000 gold marks an- nually. tained until after the first three vears | of the Dawes plan operations, but as the percentage applies throughout the |1ite ‘of the Dawes plan the reparation payments will increase after 20 years. when the Army expenses will have been reimbursed. Sentiment Fluctuates. | | The fluctuating sentiment with re- | gard to the result of the conference las a whole veered back to a point about half way between optimism and pessimism: today. The buoyant hopes of Saturday night, coming after the apprehensive feelings of the morning, had again given way to some uncerfainty on account of the hard time the experts appeared to be having In getting ready their final report for the delegates to act upon. The few leaks that have occurred as to negotiations indicate that the points in suspense are mostly of mi- inor importance, but the secrecy still maintained leaves so much room for speculation that pessimism is easily engendered by delays. The opposi- tion French press is showing the greatest anxiety, assuming that, the secrecy is intended in large part to | camouflage French concessions. Former S. A. R. Head Dies. SYRACUSE, N. Y., January 12.— Newell B. Woodworth, 64 years old, |former president general of the Sons of the American Revolution, died today of pneumonia. He was a mem- ber of several other patriotic and clvic organizations. The supposition is that the French | This figure will not be at-| OH! COOLIDGE SPEAKS gates Two Ways of Ex- tending Service. Trade associations possess ample opportunity for good and useful re- sults through organization without overstepping the boundaries of pub- lic interest, competition and fair deal- ing, President Coolidge declared day in an address to members of the Assoclated General Contractors of America, | “If trade associations could be so conducted that the public might be as- sured of all their potential advantages, and at the same time safeguarded against the disadvantage incident to restricted competition and the exaction of too liberal profits” the President eaid, “they would render a large service to the community and would be assured of a corresponding measure of con- fidence and support.” Members of the association, meeting in convention at the Hotel Washing. ton, were addressed by the President at the White House, and from the Chief Executive received two sug- gestions for extending their service | to the public. One would be to co operate with the Government in re lieving unemployment through struction in periods of general un- employment, and the other would be the adoption of uniform contract forms. Text of Speech. The President’s speech lows: “There are certain particular rea- sons why 1 have been glad to avail | myselt of the opportunity afforded by your presence here today to make {some remarks to the members of this association. The importance of con- struction among the country’'s indus- tries hardly needs any testimony. A recent analysis reached the conclu- sion that the national income in 1924 was $53,600,000 000, of which approxi- mately $6,000.000,000 was expended for construction. That is over 11 per cent of the income. Constructions of in full fol- sent the accumulated wealth of a community, and it is, therefore, im- | portant that they be erected at the lowest fcasible expense consistent with a high standard of permanencc and usefulness. ] “During the war, owing to more insistent demands upon producing ca- pacity, construction was neglected and an enormous construction deficit resulted. The necessity of restoring the balance was realized when peace | returned, and we have had an era of high construction activity in re- cent years. Importance Emphasized. “At the unemployment conference called by President Harding and held here in Washington in 1921 the im- portance of construction as a balance wheel in the industrial scheme was strongly emphasized. The sugges- tion, of course., was not new. The jdea of utilizing construction, par- ticularly of public works, as a sta- bilizing factor in the business ‘and ~ (Continued on Page 2, Column 5) keI 8 DEAD OR DYING - " OF GAS POISONING Three Others Overcome—Former Broadway “Butterfly” and Archi- tect Among Victims. By the Associated Press. NEW YORK, January 12.—Eight per- i sons were found dead or fatally poi- soned from illuminating gas here yes- terday. Three others Who were over- come were revived and will probably recover. Only one of the 11 is be- leved to have turned on the gas with the intention of ending his life. Marion Dunbar, a “Broadway but- terfiy” of 20 years ago, 15 among the victims. She was found dead in her room, gas flowing from a jet on the M Bdmund Rene Provost, 38, an archi tect, was found in bed in his apart- ! ment unconscious. Gas was flowing | from a heater. Provost died soon after. Mystery was added to Provost's case ‘when a woman rushed Into the room and knelt, weeping, beside the bed while efforts were being made to re- suscitate him. She departed without having made known her identity, i i | i i | 10 CONTRACTORS Suggests to Convention Dele- to-|ferred but the full judiciary postponed | one kind and another largely repre- | THOSE ' SLIPPERY con- pening Star. 1925—TWENTY-EIGHT PAGES. LEGISLATIVE STRE STONE GETS SUBCOMMITTEE O.K.; WARREN NOMINATION TAKEN UP Rumors of Further Chan ges Among High Officials Meet With Denial From W hite House. While President Coolidge deferred|resignation b forecasting his early | action on the selectlon of a new |appointment to succeed Willlam H Ambassador to London, the Senate moved today toward confirmation of two of the major nominations sent to the Capitol last week. The selection of Attorney General Harlan ¥. Stone to a place on the Supreme Court was approved by the subcommittee to which it was re- final action upon it. Charles B. Warner's nomination to succeed Mr. Stone as head of the Department of Justice was referred to a subcommitee, as is the usual cus- tom. Other Changes Rumored. Meantime last week's sudden upset in high places of the government gave political Washington a tempting morsel of gossip, and led to many rumors of other important changes in the near future. One report even Sought to explain Secretary Hughes' JURY HOLDS HAYES INAUTO KILLING |Placed Under $7,000 Bond | Pending Outcome of Probe. Many Witnesses Heard. Stuart S. Hayes, divisional informa- tion manager of the Chesapeake and Potomac Telephone Company, arrest- ed Saturday night in connection with the collision which resulted in the death of Ralph Alberti, was held for the action of the grand jury by the coroner’s jury following the inquest in the District Morgue this afternoon. William H. Collins, assistant United States attorney, requested that the bond be fixed at $10,000, but it was later reduced to $7,000 by the district attor- ney’s office. Reason for this was given | because bonds in the four charges will be imposed, and hearings held in Police Court, it was stated. Coroner J. Ram- say Nevitt presided at the hearing. Those that testified against Haves were Dr. Harola E. Rhame ,of Emer- gency Hospital, Deputy Coroner H. A. Martyn, Howell D. Thomas, trafc policeman; J. H. Murray, Phillip H Budd, Dwight Chase, H. W, Estes, traffic policeman, and Henry H. Fields. Trafic Officer Thomas testiied that | he first saw Hayes' machine strike the loading platform ot side of the Treasury vania avenue, and then continue down 15th street. He said that he yelled to Hayes to stop and had to jump out of his way to keep from being struck. He stated that he than com- mandeered a machine operated by J. H. Murray and saw Hayes' machine pass over the safety zone between the Treasury and the Washington Hotel, striking two men and an un- identified woman. One of those struck, he said, was dragged for a distance of 75 feet. Held on Many Charges. He caught up with the machine at Thirteenth street and Ohio avenue and arrested Hayes when he leaped from the automobile. He than took him to the first precinct, where he lodged charges of driving while in toxicated, leaving after colliding, col- liding and transporting. He stated that he found a pint of the North on Pennsyl- | rye whisky on him when searched at the station house. Murray confirmed the testimony of the policeman when he was called upon the stand. Hayes was released Sunday morning on a real estate bond of $2,000. Dr. Rhame stated that Alberti, whom he examined, came to his death from the crushing of the chest and a hemmorhage of the lungs. Certifi- cate of death was given at the hos- pital by Deputy Coroner Martyn. Mr. Budd testified that he was stand- ing in the safety zone at the time of the collision, and was struck on the foot by Hayes' machine. Dwlight Chase testified that he saw the aceci- dent from the taxi stand in front of the Washington Hotel. Mr. Fields was also in the safety zone, he claimed, but was not struck. Policeman Estes testified that Hayes was intoxieated when seen by him at represented by Thomas (Contified on Page 3, Columna 1.) Taft as Chief Justice, but Mr. Taft's | friends indicated that he had no in- tention of leaving the bench until he | reaches the retirement age of in 19 All indications continued to favor Ambassador Houghton, at Berlin, as | successor to Ambassador Kellogg, at London, who is to take Mr. Hughes' place as Secretary of State March 4. The White House expects no further resignations from the cabinet at the | beginning of the new administration. Becretary Davis informed President Coolidge some time ago that he would like to quit, but Mr. Coolidge asked him to remain, and recent develop- ments have indicated he would do so. Nearly two years ago Secretary Weeks at one time contemplated re- tirement because of his health, but his condition since has improved mate- rially. | Action on the Stone nomination to |the Supreme Court will await further (Continued on Page 2, Column SURPLUS MEASURE | Argument Limited to Three Hours—Four Bills Are Passed. The House this afternoon was con- | sidering the bill, which had alread. | passed the Senate, making avallable the surplus of approximately $4,- | 800,000 to the credit of the District in the Federal Treasury. General de- bate was limited to three hours, one- half to be controlled by Representa- tive Fred N. Zihlman, in charge of | this measure, and the other half to| be controlied by Representative |Thomas L. Blanton, Democrat, of! Texas, leading the opposition. i Before the District surplus bill was called up the House passed four | other District measures. | road and S street southeast. This authorizes the Commissioners to ac-| guire certain lands at the intersec-| tion of Good Hope road and Nichols avenue by purchase or condemnation within 80 days after the dedication to the District by owners of said lote | of a strip of land 7 feet wide for lhe‘ opening of Nicols avenue between Hope road and § street. Amendment Passed. | The second bill passed amends the | police and firemen's pay bill, which | was approved May 17, 1924, so as to| correct an error made i the bill in the Senate. This would 3lve the chief battallon engl (Continued on Page 2, Column 6.) EARLY TRIAL OF IBANEZ IS DOUBTED IN FRANCE Official Circles Comment on Au- | thor’s Pamphlet Attacking King Alfonso of Spain. B the Associated Pees PARIS, January 12.—The impres- fon in French official circles is that the prosecution of Vicente Blasco Ibanez for publication of his pamphlet attacking King Alfonso of Spain will not be carried to an early conclu- sfon nor be followed by the imposi- tlon of a severe penalty in case of the Spanish author's conviction. Tbanez, it is pointed out, may ob- tain adjournment of the case so as to delay trial six months or more it his counsel desires to adopt such tactics. There 1s little chance of the author being - expelled from France, it is thought, and the chances of his con- viction “are considered slight, be- cause the law under which he is be- ing prosecuted Is a decidedly unpopu- lar one. It was passed in 1893 when all the laws relating to the press were belng revised, and was bitterly opposed at the time by many of the leading statesmen, including ex- President Millerand. y Sunday’s Circulation, 70! - DEBATED IN HOUSE | the cost of operation, the trusts on | as fast as the papers are printed. rculation, 105,699 9 “TWO CENT COPELAND DOLBTS CONSTTUTONALIY OF NEW RENT BIL New York Senator, at Hear- ing, Proposes Making It Emergency Legislation. ENIES NEED WHALEY Police Powers of Congress Over District Justify Control, Says Commission Chairman. The constitutionality of 2 perma- nent rent law for the District of Co- | Jumbla, irrespective of an emergency | in housing conditions, was questioned | at the opening hearing today on the proposed rent bill before the join Senate and House subcommitt charge of that measure Senator Copeland of New Yorl |friend of the proposal that the Ren | Commission shall be continued, ques- tioned the power of Congress to pa a law controlling rentals based solely on the police powers and irrespective of exlsting conditions “I would be terribly disappointed declared the New York Senator, “if 1 icould not support this bill.” He went |50 far as to suggest that the bill be amended so as to read that “the pro- visions of this act are made necessary by reason of ‘existing’ rental condi- | tions in the District of Columbia | which are dangerous to the public { health, comfort, morals, peace and welfare and burdensome to publ | officers and employes of the Federal Government, whose duties requirs them to reside within the Distgict ete. | Defended by Whaley. | _Richard S. Whaley, chairman of th { Rent Commission, who prepared the | pending bill at the request of Pres i dent Coolidge, defended the right o Congress to enact a permanent rent act for the District, based on the |police and health powers of the Gov- ernment. He insisted that the amend- ment suggested by Senator Copeland was not necessary and would b- harmful to the bill, which proposes a |permanent Rent Commission for the | District Mr. Whaley was reinforced in his arguments by Representative Ham- mer of North Carolina, who said he was convinced that such powers ex- isted on the part of Congress. Court { decisions supporting the contentions of Mr. Whaley and Mr. Hammer wers included in the record. Representative Blanton of Texas |an opponent of the bill, attacked the right of Congress to so legisiate and {also questioned the need of any rent |legislation in the District at this time i Law Held Imperative. Chairman Whaley insisted that con- | ditions in the District. not only war- | rant but make imperative the enact- ment of rent legislation, and Senator Ball, chairman of the committee, de- ‘l‘llred that a survey conducted last vear had showed that an emergency |did exist =o as moderate-priced apartments are concerned. | The committee gave evidence todav l|h'4l it intends to push the hearings on the rent bill along as speedily as possible, ordering, at the suggestion | of Senator Jones of Washington, that | the hearings be printed from dav to ldav The proponents of the bill are | to be heard at two sessions tomorrow | The committee has declded to grant eight hours of hearings to both side. Today's hearing was given over | principally to an explanation of the | pending bill by Chairman Whaley. He { was closely questioned by members of | the committee. At the outset of his | testimony Senator Ball asked Mr } Whaley to place in the record the a sessed value of many of the buildings 1in regard to which appeals have been made to the Rent Commission, the value placed on them by the owner, the building, the rents allowed by the commission and the rents asked by the managers previous to the fixing of rentals, the overhead expenses and the policy of the Rent Commission as to the percentage ol net returns a! lowed. Senator Gore Spenkw. Former Senator Gore of Oklahoma, i who appears as attorney for some 1, One provides for the widening of |opponent of the bill, suggested that Nichols avenue, between Good Hope | the cost of replacement should be in- cluded in this information With regard to the policy of the Rent Commission on net returns al- {lowed landlords for rental property, Chalrman Whaley said that the per centage ran from 6 to 10 per cent. depending on the way the buildings were kept up and the service ren- dered. Chairman Whaley made the state- ment “that in the last six years as a general rule landlords have refused to make repairs” demanded by tihe tenants. This assertion by was questioned n_engrossing |Mr. Blanton and also by Senator Ball, iwho called attention to the fact that there were very many rental prop- jerties and landlords who had not come before the rent commission i Mr. Whaley insisted that his state- ment was true with regard to prop- erties which have come before the | Rent Commission, but admitted that | there were a large number of build- ings which are kept up “beautifully.” Mr. Whaley sald that under the ex- | isting law the Rent Commission has never had the power to compel landlord to make repairs. He added. however, that in various cases where | the Rent Commission has reduced rents landlords have subsequently made repairs in order o obtain better rentals. Denies Blanton's In | “Don’t you think that your state- | ment that as a general rule landlords have declined to make repairs dur- ing the last six years is a great inm- dictment of the Rent Commission?’ demanded Mr. Blanton. ‘No, replied Mr. Whaley, “as T have said we have no power to force a landlord to make repairs. At the outset of his testimony, Mr. Whaley told the committee that the pending bill was really a consoilaa- tion and codification of the rent act of October 22, 1919, and the four sub- sequent renewals of that act, with the word “emergency” eliminated and substituted therefor the powers to regulate conditions which are danger- ous to the public health, comfort, morals, etc. The new hill, he said, is based en " (Continued on Page 2, Columa ] ence.