Evening Star Newspaper, April 3, 1925, Page 1

WEATHER. (U. 8. Weather Bureau Forecast.) Pair tonight; tomorrow Increasing cloudiness; continued cool. Temperatures: Highest, 57, at noon today; lowest, 41, at 3 a.m. today. Closing N. Y. Stocks and Bonds, Page 28 No. 29,557. post_office, Cntered as second class maiter Washingion, D. C. FALL INDICTMENT DECLARED ILLEGAL BY DISTRIGT COURT Justice McCoy Also Quashes Case Against Sinclair and the Dohenys. ENDS $100,000 BRIBE CHARGE, DEFENSE SAYS Ruling Holds Pagan's Presence in Grand Jury Room Invalidated Teapot Findings. The four oil indictments secured by the Government June 30 against Al- hert B. Fall, Edward L. Doheny. ward L. Doheny, jr., and Harry F. Sin- el o0il magnates, growing out of the Teapot Dome and other oil reserve Jeases, were quashed today by Chief Justice McCoy of the District Subreme urt. The f Oliver E. court held that the presence o Pagan, a special assist- &nt to the Attorney General, in the grand jury room during the taking of testimony was unlawful and viti- ated the indictments. The Senate resolution taking the prosecution of oil cases out of the hands of the Department of Justice and requiring the appointment of spe- clal counsel by President Coolidge took away the right of the Attorney General or his assistants to appear before the grand jury, the court held. The chief justice overruled the con- tention of counsel for the oll men that the radio speech of Senator Thomas J. Walsh of Montana, chief prosecutor of the Senate oil inquiry, during the time the case was pend- ing before thee grand jury rendered the indictments void He also overruled the claim of the defense counsel that United States Attorney Gordon was improperly ,Dresent in the grand jury and that Atlee Pomerene and Owen J. Roberts the President's special counsel, ap peared as special assistants to the Attorney General On the latter phase the court sald that it was im- material that Pomerene had signed the indictment as “special assistants” because it was not nec- essary that they sign the instrument at all. They were rightly the governments “special the' court pointed out. v win counsel, . Appea The United States will appeal from | the decision, Unfted States Attorney Gordon announced this afternoon fol- Jowing a telephone conversation with Owen J. Roberts, one of the special counsel for the Government, now~ Fhiladelphia. Mr. Reberts will come to Washington for the purpose of| noting the appeal within a few days. Asked if the statute of limltations would prevent the Government from securing other indictments against Fall and the oll magnater, MaJ. Gordon expressed the opinion that new Indictments may be secured in the conspiracy cases. In reference to the bribery charges against Fall and the Dohenys, he would not chance an opinion at this time. Maj. Gordon called attention the act of November 17, 1921, which extends from three to six years the statute of limitations in “of- fenses involving the defrauding or attempt to defraud the United States or any agency thereof, whether by conspiracy or not, and in any manner, and now Indictable under any exist- ing statutes.” The conspiracy, under the Indictment which has just been quashed, is alleged to have been formed April 7, 1922, and under the three-year statute, which obtains in ordinary criminal cases, would be barred next Tuesday. Whether this statute referred to can be construed to cover the bribery charge is a serious question, some lawyers assert Counsel for Harry F. Sinclair, stated today that the action of the Chief Justice puts an end to the ~ (Continued on Page ) PUNISH SLAYERS, SOVIET DEMANDS ! Sends Strong Note to Poland for Shooting of Two Com- munist Agitators. By the Associated Press. MOSCOW, April 3.—Foreign Minis- ter Tchitcherin today & vigorous note his verbal represent- ations to the Polish government con- cerning the murder of the two Polish | revolutionary sympathizers. The communication declares that the failure of the Polish government to observe the agreement governing the exchange of these prisoners gives the Soviet government a free hand to deal with the Polish subjects who were 1o have been released from Russia. The foreign minister demands that Poland take adequate measures to punixh those connected with the crime Demonstrations ‘of protest still are heing held in various parts of Rus- #ia. At Leningrad 200,000 Russians marched the streets carrying ban- ners in a protest parade shevik newspapers are printing arti- cles hostile to Polish interests. OFFICIAL TO BE TRIED. WARSAW, April 3.—The minister of the interior said today that Police Sergt. Nago Nuraszko, who shot two Communist agitators while they were heing conveyed -to the Russian border for exchange, would be tried for murder. He also said that the authorities at Stolpee and the chief of the police escort guarding the prisoners had been suspended for permitting strange persons to enter the car in which the party was traveling. The government has ordered the| Polish consul at Minsk to deliver to the Soviet authorities the priest Ussak, who took refuge in the consulate and whose surrender was requested by the Soviet. Ussak was attached to a commis- rion for evacuating Pelish property from Russia. He was arrested on a charge of assaulting a woman and was being held for trial in the Soviet courts. Ed- | and Roberts | present as | reinforced with | The bol- | Polish | \Stricken Two Days Ago by Attack of Thrombosis. Condition Showing Better Turn—Arm Affected. Secretary John ‘W. Weeks of the | War Department is ill with throm- bor The Sécretary has been con- fined to his home for several days, but there had been no intimation that he was seriously ill until his physi- clans today announced the cause Lr. B. L. Hardin, Mr. Weeks' physi clan, issued a statement today saying | | the Secretary on the morning of April |1 had a “thrombosis of one of the| | small branches of the middle cerebral artery,” which had produced weak- ness of the muscles of the left arm, but that no other symptoms had re. sulted. The statement added that Mr. Weeks “should be out in a short time.” The physicians called in yesterday by members of the family described the case as thrombosis in a mild form. Mr. Weeks, who Is approaching hi FATE OF CHAPMAN -~ ISGIVENTO JURY ;Judge Says One of Four Verdicts May Be Returned in Trial for Slaying. By the Associated Pres HARTFORD, Conn.,, April 3.—The case against Gerald Chapman, mail looter, accused of the murder of a policeman In a New Britain store rob- bery, was given to the jury this after- noon. The court explained that the jury could return any nne of four verdicts against Chapman—first or second de- | gree murder, manslaughter or ac- | quittal. In his argument on behalf of Chap- | man, Frederick J. Groehl aga‘n attacked Walter E. Shean, characterizing him as a ‘‘weakling,” ‘“our angel friend, {Shean,” a “piker,” a “lobbygow,” and 2 ‘rascal” It was Shean, son of a wealthy hotel owner of Springfield, Mass., who told the police that Chap- man was the murderer of Policeman James Skelly of New Britain last Oc- tober 12. Shean, the State's star witness, tes- tified that Chapman had induced him to accompany him on a safe-looting expedition In the department store of Davidson & Leventhal. The police interrupted one of the cracksmen at work. He shot his way to freedom, killing Skelly. Chapman was the | gunman, declared Shean. i Sarcastic About Shean. ‘ “Do you think it logical that Chap- man, this supercriminal, the supposed looter of a New York mail truck, fwould choose a weakling like Shean as his partner on a safe-cracking ex- pedition?’ asked Groehl. Groehl also attacked the State's method of permitting its Identifica- tion witnesses to take many looks at the prisoner before they took the stand to swear to their identifica- tion. “Let him live to repent,” declared Groehl, In closing his summation. “Don’t let the pleas of the State's at- | torney that this man may again es- | cape from Atlanta, may again be at {large, may take your life. or may go | out and kill another policeman, un- duly influence you. That is an old prosecution trick—putting fear into the hearts of jurors, | "“This man, if acquitted, will go back to a prison dungeon to die. He !is not strong physically, he has not many years to live.” H Sees Confession of Gul | State's Attorney Hugh M. Alcorn | opened his summation with a char- | acterization of Groehl's plea that | Chapman be permitted “to live to re- | pen as the defense counsel's “con- | fession of guilt.” He declared Groehl's | allusion in his argument yesterday to | his (Alcorn’s) motives in spending “a | fortune to convict Chapman,” was a “viper's sting.” He could answer the imputation of | self-interest, he said, by telling the | tact that his investigation had re- | vealed that “two of the country’s | most desperate criminals, Chapman ! and Anderson,” lived in the “heart of one of our.New England hamlets, | within 10 miles of the humble home of the President of the United States. His subsequent investigation, he in- | sisted, and the resultant evidence had | proven that the prosecution of Chap- | man was not inspired by self-interest. | Alcorn characterized the defendant as a “desperate criminal who went ug | and down the land pillaging and mur- 3 ng."” |de;(h:an has not been granted im-| munity, Alcorn said. He characterized | | Shean as a “simple child” and pleaded | | that his “love of women, his drinking |and his gambling are traits common | to many men.” Called Desperate M. ‘ Alcorn’s argument dealt largely with | Chapman’s desperate character and concerned itself little with analysis of the testimony. He painted in contrast. ing words the two chief actors in the drama—Chapman and Shean. The defense, Alcorn said, was fight- ing for a disagreement of the jury,| “and with little hope of that.” Shean could have had no motive for “pinning” the murder on Chapman, the State prosecutor Insisted. “They were friends, good friends,” he said. “why should he have lied”" He attacked Chapman’s statement that he had left Springfield at 4.10 o'clock and arrived at Lyle Chastane's |store, in Brooklyn, N. Y., at about 8 p.m., Saturday, October 11, the eve of the murder. It was impossible for him to have done it in that time, Alcorn id. “He also called attention to the lack of testimony as to Chapman's where- ~—(Continued on Page 2, Column 5) |Radio Programs—Page 42. \Weeks, Seriou y 1ll, Urged By Family to Quit Cabinet ¢ Foening Star. WASHINGTON, D. C, SECRETARY WEEKS. sixty-fifth birthday, has not been in robust health for some vears. He re- tufned to his office early this week, after a two-week stay in Florida and subsequent visits to other southern States. He appeared at the time of his return to be enjoying improved health. The text of the physiclan's (Continued on Page 2, Column 6.) U.S. ARMADA SAILS ON & MONTHS' TRIP Thousands See 100 Vessels Start From San Diego for Hawaii. By the Associated Press. SAN PEDRO, Calif., April 3.—Sight- seers thronged the heigh overiook- ing the ocean here today to wave farewell to Uncle Sam's armada, off for a six-month cruise to the other | side of the world. Aboard the U. §. S. Cuyama, oll car- rier, discovery was made that emery | dust had been poured Into the vessel's main bearings. First reports were that the Cuyama's engines had been badly damaged, but officers announced last night that the ship would sail with the fleet today originally scheduled, and that such repairs as might be necessary would-be made at San Francisco. In the column of 100 vessels, com- | prising the combined United States| fleet, which was to form. oft the breakwater with the arrival from | San Diego of destroyer squadrons, | cruisers and auxillaries, were 11 bat tleships, § light cruisers, 56 destroy- ers, 4 mine-laying destroyers, 6 mine | sweepers and a train of hospital, fuel | and supply ships. The fleet is due in San Francisco Sunday and 10 days later will sail| for the Hawalian Islands, over which the Army and Navy will wage a mimic war. AWARDS ONLY $2,400 TO MRS. DENNISTOUN British Court Holds Woman's Claim for $25,000 Invalid in Case That Shocked London. By the Associated Press. LONDON, April 3.—Justice Sir Hen- Ty McCardle delivered his reserved judgment in the Dennistoun case | this morning. He held that the al- leged agreement for Mrs. Dorothy Muriel Dennistoun’s support by her former husband after their divorce was void and could not be enforced in law. Therefore he ruled that Mrs. Dennistoun’s claim for damages for breach of contract had failed. The judgment sets aside the verdict of the jury late last month awarding Mrs. Dennistoun £5,000, or nearly $25,- 000, for the alleged breach of con- tract, The plaintiff, however, recovers the total amount of £472 13 shillings for sums loaned to Lieut. Col. Dennistoun and which he has not returned. She also is awarded the costs of the ac- tion with the exception of that part involving the allegation of breach of contract. This section of the costs, the court held, the defendant was en- titled to recover. The judge ordered a general stay in execution until fur-| ther order and liberty to appeal. i Suit Stirred England. The case created a sensation! throughout England because of the | high social position of those Involved | and the character of the charges aired In court. Lieut. Col. Dennis- toun, who now is the husband of the Dowager Countess Carnarvon, was ! accused by his former wife, among other things, of countenancing her admittedly Improper relations with the late Sir John Cowans for the pur- pose of furthering his own military career. In ‘delivering his judgment Sir Henry deplored the fact that the dis- agreeable aspects of the case had to be made public, but he added that| the question of publicity was not one | for the courts to decide. He quoted Lord Shaw in another famous case that “publicity is the soul of justice." The judge added that he agreed with his colleague, Justice Shearman, who presided at the recent sensation- al Waterhouse trial, that “cases like the present do not in any way rep- resent the general life of the well- to-do people of England; they give a wholly false Impression of English social and family life.” Portugal Halts Soviet Pact. LISBON, April 3.—The government having decided that the moment was not ripe for the the negotiation of | be withdrawn | morning, the session being presided | WITH SUNDAY MORNING EDITION HERRIOT REVERSES. CATHOLIC POLICY, AVERTING CRISIS Confidence Vote Delayed Pending Draft of New Fiscal Plan. CLEMENTEL QUITS POST, DE MANZI TAKES PLACE New Finance Minister Forces Church Fight End—Capital Levy Seen Certain. PARIS, April 3--Premier Herriot and his colleagues in the cabinet after | prolonged deliberation have changed their policy toward the Catholic| Church in France. They have deter- mined to withdraw their insistence on the suppression of French diplomatic representation at the Vatican. This decision is tied up with the financial question. Anatole de Mon- zie, named to succeed Etienne Clem- entel as finance minister upon the latter's resignation, made the change in policy a condition of his accept- ance, for the reason that the religious controversy was destroying the unity| of the country, and Catholic support of the public finance was essential. Fiseal Plan Changed. | It appears also that the cabinet's| reluctant acceptance of M. Clem- | entel’s plan for an indirect inerease in the paper money circulation will | in view of the cold reception given the plan in the Sen- ate, but no absolute declaration to this effect had yet been made by | Premier Herriot up to midafternoon today. The cabinet met for two hours this | By the Assoctated Press. | | over by President Doumergue. Th‘; ministers considered the different projects for renovating France's finances and were understood to have | adopted the framework of a bill which will be introduced in the chamber next week. The tendency in official circles was reported to be more away from the plan of increas- ing the .output of bank bills and in| the direction of some form of al capital levy over a 10-year period. Interpellation Friendly. An interpellation by Deputy Dali- mier, which had been much adver-| tised, proved to be a friendly affair, ! gotten up by veteran parllamen- | tarians apparently for the purpose of giving the premier an opportunity of staking the question of confidence and_ ng & formal indorsement from the lower house before faciig the Semate next week in the fight upoh the government's general policy. Premier Herriot told the Chamber he would present next week to the! finance committee first, and then later to the Chamber ltself, the bills | which the government was preparing for the renovation of the French! finances. Meanwhile he would give no details concerning the measures proposed, in order to prevent their being made by the basis of political maneuvers. The premier asked indefinite post- ponement of the discussion on the in- terpellation making It a question of confidence. Deputy Maginot explained that the opposition group did not desire to op- | pose the postpontment. Hence they voted for the resolution, which was overwheimingly adopted. Premier Herriot thanked the oppo- | sition for having voted for postpone- 1 (Continued on Page 2, Column 1.) AMERICAN SPORTSMAN | IS SOUGHT IN DEATHS| Wealthy Briton Also Wanted in| London Killing Mystery—Sen- | sations Hinted. | By the Associated Press. LONDON, April 3.—An unnamed] American sportsman and a London financier, police sald today, probably will be called as witnesses at to- morrow's inquest over the bodies of Granville Cooke and Selwyn Foster, whose strange deaths in a gloomy old Bloomsbury mansion have baffled Scotland Yard crime experts. It was hinted that sensational disclosures might be made at the inquest Police continue in possession of the old house and its grounds and are searching for further explanations of the mysterious life that Cooke, an in- ventor and poet, and his young com- panion, son of & wealthy family, led there. Al CANCER GROWTH STOPPED Briton Reports Cases Arrested for Several Years. LONDON, April 3.—"We are defi- nitely arresting cancer for periods of three, five and seven years among people who have been pronounced in- curable by competent surgical au- thoritles,” declared Sir Willlam Mil- ligan, secretary of the Manchester Radium Institute, today. The present policy was to use the knife, he sald, but he foresaw the time when, with improved technique, a radium treatment would supersede surgery. By iy SEG BRAUN NAMED PREMIER. Socialist Beaten for President, Gets Prussian Post. By the Associated Press. BERLIN, April 3—Otto Braun, who was the Socialist candidate for Presi. dent of the republic in last Sunda; election, was elected premier of Prus- sia today. Of the 432 votes cast Herr Braun re- celved 220, four more than required for election. Reichsbank Plans Refund. BERLIN, April 3.—The newspapers an agreement with Soviet Russia, the proposed visit here of Dr. Halbert Maskine, Soviet representative, has Been postponed. today report that the Reichsbank in- tends to refund at the end of April FRIDAY, APRIL 3, | upon the violation of any provision of | out that {eiting alleged illegal acts by Cnilean COOLIDGE ERRED, CLAIM PERUVIANG Note Protesting Tacna-Arica | Award Cites Statements Declared Wrong. Several of the legal | which President Coolidge based his | award in the Tacna-Arica arbitration | are called into question by Peru in the | note presented by her to the State De- | partment yvesterday. Full details of the communication are not yet available, but it was disclosed definitely today that Peru had taken direct issue with a number of state- | ments made by Mr. Coolidge in his | award, and had suggested that on some points the President evidently was labor- ing under a misapprehension. Without formally petitioning for a re- opening of the case, or directly re- pudiating the award which both Peru and Chile had agreed long in advance to accept, the Lima government argues its note.thatvery serious errors have been made. Deny Treaty In Force. The communication states that the Peruvian government fs unable to| accept the deciaration embodied in the | award upholding the legitimacy of | Chilean sovereignty over the territory | of Tacna and Arica, or the legitimacy of this occupation during the vears| subsequent to 18594. | The Peruvian government is unable to understand, the note adds, the ar- gument contained in the award that since no provision was made in the treaty of Ancon for the nullification of that treaty it still is valid. On the contrary, says the note, nullification automatically should have taken place | premises upon the treaty by either side. The arbitrator, in Peruvian eyes, also made a fundamental mistake in translating the paragraph of the treaty of Ancon which stipulated that a plebiscite should be held by | using the word “after” Instead of “at.” | The note savs President Coolidge entirely changed the meaning of the Spanish text. It is conceded that after” was used in the appendix to| the Peruvian case, but it is point=d | “at” was used in this con- text by the Péruvians in six places. WIll Keep Obligations. At one point in the note, after re- authorities in Tacna-Arica since the award was announced, the note says' definitely that although these acts might easily give Peru ground for rejecting the President’s findings, she has no intention of availing herself of that alternative. It is the invariable policy of Peru to comply with her international ob- ligations, the note adds, and she in- tends to carry out the award, despite the errors which have been pointed out and in £pite of the fact that they 50 deeply wound the sentiments of Justice. Peruvian compliante with the terms of the award, however, that is im- plied, may be dependent upon certain additional guarantees to insure com- plete liberty of action to Peruvian voters in the forthcoming Tacna- Arica plebiscite. Without such guarantees, the note sald, the rights of Peruvian voters would be destroyed, because they would be intimidated by Chilean acts of violence. Present _Six Requests. Six requests included are: First—That all Chilean forces be withdrawn from the two provinces, not only for the period of the plebi- scite, but immediately. If possible, they should be replaced by American contingents. Second—That the Installation and tunctioning of the pleblscitary com- mission be hastened as much as pos- o eira—That the time limit for the taxing of the plebiscite be reckoned from the date of the Chilean with- drawal from the provinces. Fourth—That any Peruvian citi- zen who may have resided at some time for five consecutive years in the provinces and may have been there- atter expelled, be allowed to parti- cipate in the plebiscite, Fifth—That all residents be re- quired to prove their occupation or Profession before being allowed to vote, to avoid frauds. Sixth—That Peruvian citizens de- barred trom voting because of crimi- nal actions in the past be allowed a retrial. —_— FALLING ROOF KILLS 8. Four Other Boys Injured in Col- lapse of Spanish School. {Even 2.75 Per Cent [ MADRID, April 3.—Eight boys were killed and four injured yeste: day when the roof of a school col the loan of £5,000,000 the Bank of England granted it some time age. lapsed in the village of ""‘f,‘n" e Andarax, in the Province of Almeria. 1925—FIFTY-FOUR PAGES. Beer Is Too Strong By the Associated Press EW YORK, April 3.—Dr. Fran- cis G. Benedict of the nutrition Jaboratory of Carnegie Institute, Washington, in a report published yesterday by the American Chem- ical Society, states that tense life makes it impossible for persons in the United States to continue drinking intoxicating liquors. | Even 275 per cent beer is too strong for Americans, according to the report. Dr. Benedict stated | that he doubts that alcohol is habit-forming, and said that it is in some ways beneficial—but not | in “jazz age America,” he added. | | FIRE HAZARD CUT IN CITY SCHOOLS Room Exists for Further Im- provements, However, Survey Shows. For “Age of Jazz” EXPEEMUNDAY | | Fire hazards that still need correc- | tion in the public schools of the Dis- trict were laid before the Commis- sioners today in the annual report of the fire marshal’s office. The report states that conditions in the various school buildings were found this year to be “much better than on previous inspections.” The inspectors told the city heads, how- ever, that “there still remains room for improvement, as will be noted from the various recommendations mentioned elsewhere in this report under the names of the schools to which they refer.” After listing in detail the conditions in each school, the inspectors gave a summary of certain situations which they deemed deserving of special at- tention. Some of these risks, as cited in the report, include the following: “Storage rooms and janitors’ quar- ters should be kept free of all un- necessary inflammable articles. It was found in a number of cases that this has not been done. Storage Change Asked. “Surplus and discarded furniture, | discarded supplies waste paper, trash | and other combustible materials, should be removed from the basement. As recommended in previous reports, surplus and discarded furniture and discarded supplies should be stored in one or more central buildings. The old Potomac Building, now being used as a storage house, could accom- modate some of it The report states that the storing of furniture in the basement not only creates a fire hazard, but is an ex- pensive practice. The storing of inflammable ma- terials under the stairways was found on this inspection largely to have been discontinued, although the report states that at some of the schools the practice has not been abandoned. While the stairways are fireproof, the inspectors say, they are not smokeproof. Paper Removal te. Special attention was called to the handling of waste paper. The storing of this material in burlap bags, pend- ing its removal by the city refuse department, was characterized as un- safe. This was evidenced, the report (Continued on Page 2, Column 6.) “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. Yesterday’s Circulation, 102,362 * PAINTERS' WALKOUT Men File Ultimatum—De- mand $10 Per Day—Em- ployers Unyielding. What is considered as the final ultimatum from the local painters, Paperhangers and decorators contained in a letter received by the master painters today, which they say practically assures a walkout on Monday of approximately 1,000 men. In face of the definite refusal of the master painters to raise the union wages from $9 to $10 per day the fo! lowing letter was received by the em- ployers this morning from the local union: “This is to advise you that the wages of the members of (he local Union No. 368, Brotherhood of Paint- ers, Decorators and Paperhangers of America, will be $1.25 per hour dollars per day), on April and until further notice. that this will meet proval.” In view of the fact that the master 5, 1925, Trusting with your ap- s | painters are firm in their decision not | to grant an increase and the painters by their letter today indicate that they are remaining firm in their de- mands, those close to the situation feel that there is now no other out- come than a strike Monday. win Labor. Rufus S. Lusk, secretary of the Operative Builders' Association, will leave Washington immediately the strike occurs and visit other cities to get men to take the place of the strikers. He plans to go to Norfolk, Richmond, Philadadelphia and Balt more in an effort to secure painters and paperhangers. At an executive committee meeting of the Operative Builders' Association yvesterday it was unanimously decided to cease all work which subcontrac- tors who grant increases are han- dling. The association decided that it will take the matter into court for any of its members where any con- troversy is involved due to the can- cellation of a contract. According to Herbert Shannon, the wage committee has not received any information tending to show wh there should be a wage increase in the building trades at this time. He said that this committee, backed by the Board of Trade, Real Estate Board, general contractors and others, would continue to remain firm against the increases. Seek Outside IMPROVEMENT SHOWN BY DOROTHY ELLINGSON Has Regained Some Composure. Actions Prior to Killing to Be Related. By the Associated Press. SAN FRANCISCO, April 3.—Re- sumption of the trial here today of Dorothy Ellingson to determine her mental condition was marked by the appearance of witnesses who, it was expected, would testify as to the girl's conduct during the months which preceded the killing of her mother, Mrs. Anna Ellingson. The 17-year-old girl's actions in court yesterday while her father and other ~ witnesses told of incldents which they believed tended to show she was insane indicated improvement. She did not collapse and showed signs. of weakening only once or twice. She had regained some of the com- posure which marked her earlier at- titude, after she admitted killing her mother. Hazing Injury Held in Line of Duty; Ruling Gives Midshipman Pension & Holding that injuries from haz- ing at the Annapolis Naval Acad- emy came in line of duty, the In- terior Department today reversed a_ Pension Office decision and awarded a pension to Midshipman Willlam H. McGregor of Johns- town, Pa. A medical board will fix the amount. i McGregor was confined to bed for nearly five months by his in- juries, which, at first, appeared slight, and he shielded the upper- class hazers, but a serious turn in his condition forced him to expose them. The ignominy of having to turn “squealer,” he said, prompted him to resign, because he believed his naval career blighted. A olatm for & pension on accoun of hip, back and abdominal injuries was rejected by the Pension Bu- reau. In reversing this decsion the department ruled McGregor sub- mitted to the hazing “in full per- formance of his duty,” and was not injured “in consequence of any willtul - neglect or improper con- duet.” “Hazing is in violation of the academy rules,” sald the depart- ment, “and the claimant was en- titled to such protection as would prevent the act, which was not af- forded him. To hold that the vic- tim was out of line of duty, when the fact is that it was the hazers who were not in line of duty is a paradox. The most that can be said adversely to the appellant’s claim is that he did not promptly complain against these upper-class men." . (ten | TWO CENTS INURCTON BLOGK SILE OF SHPS T0 * DOLLAR COPANY { Justice Hitz Issues Tempo- rary Order Against Board on Pacific Line’s Plea. AWARD BY CLOSE VOTE AND BITTER ROW CITED | | | i | | [ | | 1 | Five Vessels Involved in Litiga- tion Are in California- Orient Service. injunction blocking ipping Line was | A temporars | sale of the Board's Cali- | fornia-Orient issued tod. by Justice Hitz of the District of Co- | lumbia Supreme Court. | The injunction was issued on peti- |tion of the Pacific Mail Co., which operates the line, and which an unsuccessful bidder for fts purchase against the Dollar inter- | ests In its petition the Pacific Mail Co. contended that the board's decision to sell the five vessels to the Dollar Co., decided on after a bitter row among board members and by a ma- jority of one, was illegal for many reasons. now was Sees Its Business Hurt. Such a sale, the petitioner declared would seriously disrupt its business It was alleged also that the Pacific Mail had not been given ample op- portunity to bid for the ships. In support of numerous specific al- legations that the board acted il- legally the Pacific Mail presented statements from Commissioners Ben- son. Plummer and Thompson of the Shipping Board These commissioners denounce the sale on the ground that the price was only one-fourth of the cost of re- placing the vessels: that the San i Francisco-Orient line, in which the ships are operated for account of the board, is now making money and there is no necessity for sacrifice; that the | sale creates a monopoly of American | flag passenger service under the con- {trol of the Dollar interests; that the | sale makes no provision for replace- {ment of vessels and enforces no | penalty performance bond for main- tained operation. and that the sale is not prudent or businesslike 1 Benson Opposition Stated. Admiral Benson's statement not hitherto published. declares that the | Dollar interests, by not seeking to buy similar ships which they now operate for the Government from Seattle to the Orient, will by acquir- ing the San Francisco-Oriént Line be able to divert freight and passengers from the Government-owned ships to {their own ships, thus compelling the | Government to assume the entire ex- pense of operations from Seattie or /to sell to the Dollar interests at such i price as they care to pay. | The Pacific Mail charges that the |proposed sale is illegal because the |advertisement of the board for bids |stated: “Negotiations may be con- |tinued and all offers received befere final award will be considered,” and that the Paclfic Mail presented an |offer of $6,750,000, with adaptations |to meet the'lezal objections raised by |the board's counsel and requested op- | portunity to negotiate as provided by |the advertisement, but that the {board refused to negotlate and did not consider the bid, and that the |sale thereby was rendered non-com- | petitive and therefore illegal. |1t is pointed out that the Paclfic | Mail bid conformed to recommenda- [tions of a committee of the Presi- dent's cabinet. It is alleged that under the merchant marine act the Pacific Mail is entitled to preference {in the sale of the vessels which it { has been operating, not only because 1 of its having been an established li: in the transpacific trade since 1867, always operating under the American flag, but because it withdrew its own ships from that service in order to |put an its organization, good will |and going business behind the Ship- | ping Board vessels, with the purpose lof purchasing them at some time. | Most Profitable Line. It is st forth that the California- Orient line operated for the board is | by reason of the Pacific Mail's serv- ices the most profitable, if not the only profitable, Government line, and that the proposed sale would deliver the line over to the Dollar interests, who are failing to bid on the ships they are operating from Seattle, and will visit irreparable damage upon the long-established business of the Pacific Mail. It is alleged that the Shipping Board failed to take into considera- tion practically every major require- ment of the Jones act relating to sales and that in voting to accept the Dollar bid it accepts a maximum five-year agreement for maintained service against a_minimum of 10 years offered by Pacific Mail. Also that the Dollar bid contains abso- lutely no provision for replacement of i the present vessels with new vessels | capable of meeting foreign compe- |tition and serving as naval and mili- {tary auxiliaries, whereas the Pacific | Mail bid carried a business-like plan | for replacing the fleet with modern | Diesel vessels. Therein it is alleged the purpose of the merchant marine act is not car- ried out, and that the board has su- | bordinated the vital national policy laid down in the Jones act to the question of price, and even then pro- poses to accept in the Dollar bid $1.- 125,000 less than offered by the bid of the Pacific Mail. The Pacific Mail further charged that majority of the members of the Shipping Board have shown at sundry times, and particularly in connection with matters referred te in the bill, “a disposition to deal with R. Stanley Dollar upon terms and conditions and in & manner Which the plaintift alleges and avers is unduly prejudicial to the inter- ests of the Government.” Goés Into Another Sale. In this connection the bill states that the board previously sold to the Dollar interests in 1923, without spe- cial public advertisement other than a general blanket advertisement many months previously, seven ships of the “502" President class at an aggregate price of only $3,850,000, under an extremely favorable con- tract, in which failure by the Dollar interests to maintain guaranty five- . year around-the-world service im- posed no penalty on the purchaser. The bill of complaint states that (Continued on Page ¥, Column £.) i