Evening Star Newspaper, September 14, 1925, Page 1

v X WEATHER. (U. 8. Weather Bureau Forecast.) Partly cloudy and slightly cooler to- night; tomorrow fair. Temperatuces—Highest, 94, at 4 p.m. yesterday; lowest, 74, at 6 a.m. today. Full report on page 7. Closing N. Y. Stocks and Bonds, Page 28 No. 29721, 53¢ Shnee MITCHELL TO TESTIFY AS STAR WITNESS IN GENERAL AIR PROBE Appearance Will Precede Court-| Martial to Save Committee Embarrassment. RODGERS PREFERS DUTY AT SEA TO POST AS ASSISTANT CHIEF Wilbur Appoints Board to Fix Shenan- doah Disaster Causes—Jones | Named Chairman. Developments from all quarters concerned in the aviation controversy came thick and fast today. Comdr. John Redgers of the PN-9 No. 1, appointed only Fri- day as assistant chief of the Bureau of Aeronautics, advised Sec- retary Wilbur that he preferred to remain on active sea duty with planes, but added that he would accept the position if, in the opinion of the Secretary, “my services will be more valuable in the Department.” Secretary Wilbur announced the ppointment of an official board of inquiry, headed by Rear Admiral Hilary P. Jones, chief Board, to investigate the Shenandoah disaster, the board to sit at Lakehurst, N. J., at a date to beg of the Navy's General named later. Available as Chief Witness. While Army and Navy officials were reading with interest | the published reply to critics of the air administrations, of Rear Admiral William A. Moffett, chief of the Bureau of Aeronautics, |there seems little chance of Governor the War Department made plans to have Col. William Mitchell, who stirred up the whole controversy, available as a chief wit- ness for the special board appointed Saturday by President Cool- | idge to go thoroughly into the whole matter of aviation. | Col. Mitchell’s appearance before this board will prohabl,\fi“l precede his court-martial for alleged violation of articles of war, it was explained at the War Department today, as it would be inconvenient, if not embarrassing, to have the trial proceed while the other investigation was under way. | ment The report from Maj. Gen. Ernest Hinds, commanding the | 8th Corps Area, transmitting the formal answer of Col. Mitchell accepting responsibility for his San Antonio statement, reached + the War Department today and was started on its way through routine channels. Col. Mitchell’s Trial To Wait Appearance Before Air Probers. | Though not settled, it seemed prob- able today that the projected trial of Col. Mitchell of the Air Service by court-martial on charges of violating the articles of war in his recently pub- lished statement severely criticizing his official superiors in the administra- tion of the Air Service, will be de- Jayed until after Col. Mitchell has had opportunity to appear before the gen- eral commission appointed by the President to make a general investiga- tion of aviation affairs. That commission is to meet at th: White House Thursday, and probably will initiate the Important werk before it _without delay. It is felt at the War that it might be inconvenient, if not embarrassing, to conduct the officer’s trial while the general investigation is in progress. There is no especial occa- sion, it is felt, to expedite Col. Mitchell’s trial, that being a question of routine military administration out- ide the scope of the proposed general Investigation of aviation questions. Therefore it is believed that actual steps for the trial of Col. Mitchell will be deferred untfl after his examina- tion by the President's commission has been concluded. Hinds Report Received. The report of Maj. Gen. Ernest Hinds, commanding the §th Corps Area, and Col. Mitchell's superior officer, containing that officer’s official acknowledgement of the authenticity of the newspaper statement accredit- ed to him, was received at the War Department today. Y‘:‘m in the hands of Maj. Gen. John L. Hines, chief of staff. and in the regular routine will be submitted to the judge advocate general for examination as to any military trans- | gressions it may contain, and, if so, for the formulation of the charges on which he shall be tried. Tt is not mettled yet whether the court-martial shall Dbe conyened by order of the President or by order of the 8&th Corps commander, nor whether the court shall sit in this city or at headquarters of the Sth Corps Ares, at San Antonio. The probabilities, however, are that the court will be ordered by the President and that it will hold its sessions in s city. e Yourt must be composed of officers of higher rank than Col. Mitchell, and this city is the only place where there are enough officers available for the service at this time. Court’s ,Duty Specified. 1t is made clear at the department that the miain duty of the military court will be to determine whether the newspaper statement made by Col. Mifchell violated the articles of war and, if so, to fix the degree of punish- fment. Very few witnesses will be re- quired for the purposes of the court, as the question of the truth or falsity of Col. Mitchell's assertions relating to alleged defects in the Air Service will not be undertaken by that body. In connection with the announce- ment of the policy in regard to Col. Mitchell's testimony before the Presi- dent's board, it is known that Acting Secretary Davis of the War Depart- ment, who first proposed that such an inquiry be held, would welcome a thorough airing of the charges against the department’s air administration.. ‘Although Mr. Davis believes that the inquiry into the Mitchell charges will form but a small part of the broad fleld to be covered, he never- theless is of the opinion that in the ’ (Continued on Page 4, Column 4.) Department | Entered as second class matter ) ‘Washington, v 0. C | Navy Board to Probe | Shenandoah Disaster Selected by Wilbur. | The work of the board of inquiry | to investigate the wreck of the Shen- | andoah will supplement the work of | the special board appointed by the ! President on Saturday afternoon, it | was explained today at the Navy De- | partmont, but will confine its activi- tles wholly to determining the condi- | tions which led the failure of the big dirigible to stand up under the stress of the storm. Those who will serve with Admiral Jones in conducting the inquiry are Capt. Frank H. Clark, aide to the Assistan Secretary; Capt. Lewis B. Mc- Bride of the Navy Construction Corps, | Comdr. John H. Towers, Lieut. Comdr. | Ralph C. Pennoyer, Capt. Paul Foley, | director of the experimental labratory | at Bellevue, D. C., and Lieut. Comdr. | M. R. Plerce. Capt. Foley will be | judge advocate of the court and Lieut. Comadr. Plerce will be his adviser. The Shenandoah board will sit at Lakehurst, N. J. but no date has| been set for its convening. Admiral Jones is senior member of the general board and formerly was commander-in-chief of the fleet. Comdr. Towers is a naval aviator with 12 years’ experience and was com-| mander of the transatlantic flight made by the Navy in 1919. Lieut. Comdr. Pennoyer 'also is a naval aviator and a lighter-than-air pilot. He was the naval inspector of the dirigible Los Angeles while it was under construction in Germany and he served also in England during the construction of the R-38 and the ZR-2. Lieut. Comdr. Plerce is a lighter-than. air pilot and regarded as thoroughly familiar with the construction of the | Shenandoah. Although he had previously an- nounced that he saw no reason why the hearing should not be open to the | public, Secretary Wilbur has not! reached a decision today on this point. | Secretary Wilbur had reached no| conclusion today on whether he would carry out the request of Comdr.| Rodgers that he be allowed to con.| tinue on duty with planes instead of accepting the proffered post of assist- ant chief of the Bureau of Naval Aeronautics. The message was sent by Rodgers by radio from Honolulu. It conveyed the thanks of the crew of the PN.9 0. 1 and his own appreciation for the honor attached to my selection as assistant chief of the bureau.” WITHHOLDS DECISION. Henry W. Anderson, United States agent on the Mixed Claims Commis- sion, wlil make known on Saturday his decision as to whether he will ac- cept the Republican gubernatorial nomination in Virginia. After a call on President Coolidge today, during which he discussed mat- ters pertaining to the commission, Mr. Anderson said he would communicate in writing to the Republican State committee, which meets Saturday either in Roanoke or Alexandria, and | as a courtesy would not give any in- ! dication of his decision before then. In the event Mr. Anderson should decide to enter the race against Harry W. Byrd, the Democratic nominee, he probably ‘would resign as agent on the | commission which has been passing on claims with Mexico. i ch LA FOLLETTE MUST | political executors. } within a comparatively {the cradle of the Progressive move- | tonight with Mr. La Follette in the WINTO SAVE STATE. FOR PROGRESSIVES Defeat Tomorrow Would Mean Loss of Power to Conservatives. VICTORY IS PREDICTED IN SPITE OF OPPOSITION Blaine's Chances of Beating Len- | root Next Year Will Be Small If “‘Stalwarts” Get Control. BY GOULD LINCOLN. Staff Correspondent of The Star. MADISON, Wis., September 14 The La Follette-Blaine Progressives of Wisconsin are playing for a big stake in tomorrow's Republican prim- arles—The retention of political con- trol in the badger State. It they win and Robert M. La Fol lette, Jr., is nominated they will have won _their first blg victory since the death of Senator La Follette, without his guiding hand and all-powerful in- fluence in the State. They will have demonstrated that their organization is still hitting on all eight cylinders. If they lose, and Roy P. Wilcox, the “stalwart” candidate, or former Gov- ernor Francis E. McGovern, a Pro- gressive standing somewhere between La Follette and Wilcox, is nominated, the first wedge will have been driven into the Progressive control now in the hands of Senator La Follette's Blaine’s Future at Stake. It may mean further disintegration short time. For, if La Follette loses tomorrow Blaine's succeeding in his, race for| the Senate against Senator Lenroot next year, and the stalwarts will have been so heartened by the victory of Wilcox, if he wins, that their organi- zation is likely to grow stronger more rapidly even than it has done in the st few months. The stake therefore, is far greater than the political fate of Mr. La Fol- lette, who is making his first bid for public office at the hands of the voters. Furthermore Wisconsin has been in the Middle West and the Northwest. A defeat now in Wis- consin, when the regular or con- servative wing of the Republican Party is in the ascendence in -the National Government and in mearly all of the States, would be regarded as a severe blow to the entire Pro- gressive movement. Senator Wheeler of Montana, Progressive Democrat, and running mate of the late Senator La Follette in the presidential cam- paign last year, who is_speaking here wind-up of the primary campaign, put it this way: La Follette Victory Seen. “The Progressives of the country are wondering whether Wisconsin is going to turn her back on the prin- ciples of the late Senator La Follette | and thereby repudiate him and the cause for which he gave his life.” Notwithstanding the maze of cross currents entering into the present campalgn, the signs point to the vic- tory tomorow of Mr. La Follette. Wilcox and the stalwarts will have two chances against La Follette, if they are needed. He has filed as an Independent candidate to run in the election September 29 in case he loses tomorrow. La Follette, on the other band, has not filed as an inde- | pendent and he wins or loses his| chance to go into the election at the | primaries. In support of the opinion La Fol- lette will win, it must be remembered that the governor, the great majority of the State legislature and the Wis- consin delegation in the House, with the exception of the Soclalist Victor Berger, are La Follette people. The employes of the State government, numbering more than 5000, are reckoned nearly all La Follette sup-| porters and workers. | Leni Backing Wilcox. | On the stalwart side is one United States Senator, Lenroot, who has been working hard for Wilcox, and many of the Federal officeholders, in- cluding United States attorneys and marshals and their assistants and postmasters, collectors, etc. While the Federal patronage has been handled by Senator Lenroot, some of the present officeholders obtained their jobs with the approval and on the recommendation of some of the present members of the House who are Progressives. The Stalwarts have effected on or- ganization In nearly all of the 71 countles of the State, however, and are in better shape than they have been for years for a contest. This organization work has been going on for months, so they should make a better showing than in the past. In primary election it is almost al- ways difficuit to get the vote out, and especially so when there is only one of- fice balloted for. The perfection of the organization, party or faction, there- fore, is of very great moment, for the workers are counted upon to get the voters to the polls. Progressive Principles 0ld. The progressive idea as exemplified in the laws of Wisconsin teday has been a long growth. The people have become progressive minded. They are not inclined to turn conservative overnight, so to speak. Mr. Wilcox wears the conservative label. The Stalwarts, the anti-La Follette faction, however, have always been fairly strong in the State, and have elected " (Continued on Page 5, Column 4.) ¢ Fpenin WASHINGTON, D. C, A REVERSE VERSION OF “CAN'T g Sfar MONDAY, SEPTEMBER 14, 1925—FORTY PAGES. 00' TALK?” SHITHHYLAN FGHT REACHES CLIMAY Primary Tomorrow to Settle | Bitterest Campaign for Rule of New York. By the Associated Press. NEW YORK, September 14.—One of the most sensational campaigns in the history of New York city will develop tomorrow into the nomination of | Democratic and Republican and So- | clalist candidates for mayor, and the sensations seem likely to continue until the election, a month hence. The fireworks have been largely on the democratic side. John F. Hylan, elected mayer for two 4-yedr terms with Tammany support, is opposed for renomination by State,Senator James J. Walker, Tammany designee, who has had the active aid of Gov. Smith. By both Republican and Democratic spokesmen the campaign has been in- | terpreted as a battle between Gov. Smith and W. R. Hearst for control of the Democratic party in the State, with a view to presidential politics in 1928. The governor, giving up a va- cation, came from Albany to stump for Walker. - Exchanges between the gov- ernor and Mr. Hearst at long distance and between the governor and the mayor at close range have been sharp and personal. Fear Hylan Bolt. The mayor has ignored demands of Walker that he say whether he will support the Democratic nominee, and Tammany supporters, confident of suc- cess in the primary, are looking for- rd to the election with less assur- ance because of what seems to them the possibility of Hylan heading an in. dependent ticket. Republican hopes of electing the ex- ecutive of this heavily Democratic city run high. In fact, the organization candidate for the Republican nomina- SENATOR IS ARRESTED ON DISORDER CHARGE Stanfield of Oregon, Accused of Be- ing Drunk, Hit on Head by Officer in Cafe. By the Associated Press. BAKER, Oreg., September 14.—Rob- ert N. Stanfield, junior United States Senator from Oregon, was arrested on a charge of being drunk and dis- orderly at a cafe here last night. He ‘was released on $50 bail, but no timey for his hearing was fixed. i The arrest, which friends of the Senator characterized as ‘“an out- rage” in a formal statement tele- graphed to the Oregonian at Port- land, came when a policeman is sald to have remonstrated with the Sena- tor for his conduct. It is charged Stanfield struck the officer, who retaliated by hitting the Senator over the head with his club, | drawing blood. Senator Stanfield denied that he was either drunk or disorderly, and said that the arrest was unprovoke¢ The statement which Baker citizens sent to the Ore- gonian protesting against the arrest of Senator Stanfield read: “Knowing the facts, the arrest of Senator Stanfield here was without provocation and an outrage. “He was neither drunk nor dis- orderly and the people here, knowing the facts, are unable to understand why the arrest was made.” The statement was signed by Wil- lam Pollman, banker and stockman: Blaine Hallock, James Nichols and Joseph Heilner, attorneys; James Sloan, stockman, and Walter E. Meacha secretary of the Baker Chamber of Commerce. | Sisters Tarred and Feathered by Mob After Release From Florida Prison By the Associated Press. JACKSONVILLE, Fla., Septem- ber 14.—Local police today were investigating the tarring and feath- ering of two young women by a mob of 150 men here late Satur- day night. The women, said to be sisters, were seized by the mob while walking to town from the city prison farm following a 30- day sentence on disorderly.conduct charges. They were taken to a secluded spot, police said, where tar and feathers were applied, then brought back to the city and re- leased on a downtown street clad only in gunny sacks. They were admitted to a room- ing house. where the propristor allowed them to cleanse themselves and obtained clothes for them. Britten Calls Red Officials Thieves And Murderers By the Associated Press. LONDON, September 14.—The Evening News today quotes Repre- sentative Fred A. Britten of Illi- nois, who is here on his way home after a trip to Rusea, as saying: “I talked to Tchitcherin and others and concluded that they are a lot of murderers and thieves. Referring to the meeting of the Interparliamentary Union in Wash- ington, which S. S. Saklatvala, Communist member of the House of Commons, expects to attend, Representative Britten said: “We have no use for Communists in America. America wants to hear what your greatest minds think about world problems.” BASE BALL TICKET PLOT DISCOUNTED World Series Gate Cards Changed on Finding of Copy on Negro. Although base ball and police of- ficlals discounted today suggestions of a_world series base ball conspiracy, a Federal Investigation of circum- stances surrounding the discovery of a photostat copy of a 1925 world series ticket in the possession of a minor Patent Office employe was launched today by officials of that office. The probe, it was indicated by Dr. W. A. Kernan, acting commissioner of patents, would extend into the re- ported activities of an attorney in allowing the employe to take the ticket and copy it. If the reports are true, it was intimated, the at- torney apparently violated the ethics of his profession and may warrant disbarment from practicing before the Patent Office. In the meantime, as a safeguard to the public, Edward B. Eynon, Jjr., secretary of the Washington ball club, announced that the original de- sign for tickets has been discarded in favor of a new and distinctly dit- ferent one. ‘The Patent Office employe, Mercer J. Conway, colored, is a *‘copy puller” in the photostat department. He will be brought before Dr. Kernan shortly and asked to explain how he came into possession of the ticket and what he intended to do with the copy of it, which was but a colorless repro- duction. According to_Acting Commissioner Kernan, a preliminary investigation fails to show that a formal applica- tion for copyright on the ticket had been filed, and this would indicate that the matter does not involve mis- appropriation of official Government records. Patent Office officials were endeavoring to learn today whether the photostating of the ticket had been done on an officlal machine. In addition to the regular Patent Office photostat department there is also a War Department photostat machine | at the Patent Office, Dr. Kernan ex- plained. The work might have been done on either machine, he said. The investigation of the photostat- ing affair was launched Saturday night at the instance of Secretary Eynon, who found the copy in_the hands of Conway at Wardman Park Hotel, where the latter is employed at night as a dishwasher. “Oscar Grissman, the head waiter, called my attention to the ticket when 1 happened into.the hotel,” Mr. Eynon said today. “He told me that a dish- washer in the hotel had shown him a world series ticket. I sent for Con- way and he admitted he had it, but I don’t belleve, from his attitude, that he intended doing anything wrong with it. I believe he was just trying to play a joke on his friends'in the kitchen. 1t seems to me, however, that the attorney he says let him have the original ticket design should have known better. I don't guess he meant any harm by it, however. I am not inclined to think there was any big conspiracy to duplicate world series tickets on foot. Inspector Clifford L. Grant, chief of detectives, agreed with Mr. Eynon as to the apparent unimportance of the incident. He said he sent Head- quarters Detectives Mansfleld and Walsh to the hotel Saturday night at Mr. Eynon’s request, but that the con- ference with Conway convinced them there ‘was nothing to it Mansfield was to confer today with patent office Police found two suit cases filled with clothing the women had worn at the prison farm, but early today hud heen wunable to locate the women. . » L gl " 2 officials regarding the case, however. In the conference Saturday night also Roger Peckinpaugh. Jos o Te, St als, and Joe Judge, first i = i CITIZENS PREPARE 10 BACK BUDGET Suter to Call Council Meet- ing—$40,000,000 Esti- mates to Be Submitted. “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 * (P Means Associated Coal Importation From Wales May Prevent Shortage By the Associated Press. NEW YORK, September 14.—The importation of Welsh semi-anthra- cite coal to supplement dwindling supplies of American hard coal dur- ing the present suspension of an- thracite mining is under considera- tion by Burns Brothers, the largest retail coal dealers in New York City. S. A. Wortheim, vice president of the company, will sail for England on Wednesday to investigate the possibllities of buying Welsh coal for the New York market. 'The company will establish a branch of- fice in London to handle the busi- ness. Although the company announc- ed that its supplies of American anthracite were ample to tide 1t over a mining suspension of sev- eral weeks, the fmportation of for- eign coal would enable fuller prepa- rations for Autumn and Winter dis- tribution WOMAN FINED $10 Dorothy Ferguson’s Case Dismissal Refused by Judge Schuldt. | Judge Gus A. Schuldt, presiding magistrate of the Police Court, today ! denied a motion to dismiss the case |against Dorothy Ferguson, charged | with the violation of section 15 of larticle 23 of the police regulations of | the District of Columbia, involving the | picketing of the Young Men's Shop. 11319 F street, April 9 1925, and | ordered a fine of $10 paid or a jail sentence of 10 days in default. In giving his opinion Judge Schuldt stated that it was the opinion of the court that no law of the United States is involved in the case, but simply a municipal regulation directed not against picketing but against the in- | intended customers. | terference with Saturday’s Sunday’s AS STOREREKET as fast as the papers are printed. Circulation, Circulation, TWO CENTS. DEPLORABLE STATE OF STREETS ISLAID 10 LAGK OF FUNDS Replacement of “Outlawed” Roads in Capital Now Crying Need. 88,005 101,747 Press. $430,000 YEARLY WOULD RENEW PRESENT SYSTEM Granite Block Best—Disgraceful i Condition Exists in Shadow of Capitol. | This is the first of a series of ar- tieles on the condition of Washing- ton’s streets. The second will fol- | 10w tomorrow. BY WILL P. KENNEDY. The streets of the National Capital are today far worse than they were | before the war. The reason for that | is because during the war the re- | placement program was set aside and not taken up again until last year. Complaint is made by tourists from all parts of the country that the first i rough riding of their trip was experi- ienced after they got into the Na- | tional Capital. The answer to that {is that they motored here over the very best national and State high- | ways, mostly all new concrete roads, {and when they got to Washington | they hit streets where the pavement {was 20 to 30 years old and so | thoroughly patched and repatched | that it no longer presented a smooth {and even riding surface | That's about the story—most of this city's ‘streets here are worn out— “outlawed"—on account of age. They | have far outlived the normal life of | a street as recognized by the road- | building and engineering professions. | Getting Better. Still, the National Capital is in a With the District estimates for next | This decision denies that the Clayton | great deal better condition now re- vear ready to go to the Budget Bu- anti-trust act is applicable in this case. | garding its streets than it was one, reau today, Jesse C. Suter, chairman The section of the regulations which |two or three vears ago, because of of the Citizens’ Advisory Council, an- | the defendant is charged with having | the large yardage of new pavement nounced that he would confer with all members of the council within a few days to determine what steps the | council should take in supporting the Commissioners in presenting the city's | fering with any person or persons Who | aceruing repayments needs to the budget authorities. | violated reads: | “No person shall remain in front of | or enter any store where goods are | s0ld at retail for the purpose of en- | ticing away or in any manner inter- { may be in front of or who may have | that has been put in, for the most | part on the principal thoroughfares leading into the city. This has re- sulted mostly from the funds col- lected under the gasoline tax, with | by property owners under the Borland amend- Chairman Suter said that in discuss. | entered therein for the purpose of\ment, which assesses one-half of the Ing the budget with the other mem. buying.” (Effective January 20, 1906.) | cost ‘of the new pavement against bers of the coneil he would call 'special attention to the request of 'ol. Sherrill for funds with which to Bive the white and colored popula- tlons of Washington bathing beach fa- cilities next Summer. It was recalled by Mr. Suter that when the council was submitting its budget recommendations to the Com- missioners several ftem for bathing beach facllities was indorsed. Seek Permanent Beaches. “In taking that action,” said today, mous.” He also pointed out that early in the Summer the council was active in the effort undertaken to have the Tidal Basin bathing beach opened as a temporary measure of relief for the present vear. This effort was finally abandoned and the council concen- trated its energy on obtaining money in the next budget for the establish- ment of new and permanent beaches. A marked increase in the number of drownings in the waters around ‘Washington this Summer as compared with last vear was cited a few days ago to show the need for beaches where bathing could be enjoyed with the safeguards which are available at such places. Total Asked $40,000,000. The completed estimates for next year, which will be transmitted to Gen. Lord this afternoon, are divided into two classe: Regular estimates, limited to $36,250,000, and supple- mentals, aggregating more than $3,- 000,000, making the total amount asked for approximately $40,000,000. From September 24 to 28 the Budget Bureau will hold hearings on the Dis- trict’s needs, at which the fate of the $3,000,000 list of supplementals will be determined. The council, in its original recom- mendations to the Commissioners, proj a budget for next year of 33 8,809. Adding to this certain trust and special funds which must be provided for annually made a total fig- ure of $40,537,809, or substantially the same amount the city heads are rec- ommending in their combined list of regular and supplemental estimates. RUSSELL CHOSEN Mr. Suter “the council was unani- U. S. ENVOY TO SIAM| ‘Washington Man, Now Minister to Dominican Republic Given Transfer. President Coolidge today appointed William W. Russell of this city to be United Statets Minister to Siam. Mr. Russell has been in the diplomatic service for some time, at present be- ing United States Minister to the Do- minican Republic. At the same time President appoint- ed Evan E. Young of South Dakota to succeed Mr. Russell as Minister to the Dominican Republic. Mr. Young has been in the service of the State Department fer a number of years, at present being chief of the division of Eastern European affairs. TAXICAB IS HELD UP. NEW YORK, September 14 (#).— ‘While scores of passersby scurried for cover before menacing guns, five men today held up a Yellow Taxicab Com- pany machine in the lower east side and stole $8.657, receipts of week end traffic which were being transferred to a bank. The robbers escaped in an automobile. Four policemen pursued in & commandeered machine, but were distanced. ] Programs—Page 21. months ago the | Evidence Is Brief. | Testimony in the case disclosed that | the deféndant on the above date and | subsequently on another date stood ! out in front of the store and kept constantly repeating in an audible voice to passersby: “This union store and unfair to organ r.” is a non- ized | | The defense agreed that the evi- dence of the Government was correct |and moved that the court dismiss and | find that the Government had failed | to make out a prima facie case, in as | much as the acts complained of are | held to be legal under Section 20 of {the Clayton antitrust act of October [ 15, 1914, ! The District in rebuttal claimed | that the regulation was valid under | the exercise of the powers of the Commissioners to protect peace and prevent disorders, and that the Clay- | ton anti-trust act had no application. | The defense then claimed that in the | instant case there was no enticement {or interference and that therefore the | Clayton bill was in contrariness with. i Text of Opinion. | the court said: “It seems to the court that the only question before it is the validity of ! the regulations and regrets that it is necessary that the so-called issues of | picketing must be injected. It is true that the offense of the defendant was in the nature of picketing. The reg- ulation, however, concerns itself with the enticement and interference of persons who are about to enter any store for the purpose of buying. The regulation was not passed with the purpose of preventing picketing, but to save merchants and prospective buyers from annoyance and to p: serve the peace of the communit If picketing in the guise of intimid | tion, interference and enticement of court cannot perceive why the of- fender should not come within the purview of said ,regulation, because to hold that it only applied to mer- chants attempting to incite and in- | terfere with the customers of others | would place it in the category of class legislation. disclose that there was any ‘dispute’ | between the defendant and the place | where the alleged offense occurred, | section is directed against such a junctions and restraining orders in relation thereto.” 'HELMY NEARS GOAL SWIMMING CHANNEL Egyptian 12 1-2 Miles on Way to Dover at Last Report of Atteempt. By the Associated Press. CAPE GRIZ NEZ, France, Septem- ber 14.—Nine hours after the start of { his channel attempt Ishak Helmy, Egyptian swimmer, was 20 kilometers (12.42 miles) north and 5 kilometers (3.10 miles) east of this place, his starting point. The water and weather conditions continue favor- able. DOVER, Englind, September 14 | UP.—Ishak Hebuny, the Egyptian | swimmer, who started from Cape | Gris Nez, France, this morning, in an attempt to cross the English Chan- nel, had gone half the distance at 2:30 this afternoon and was swim- ming strongly. The captain of a channel steamer, 0 brought this information here, sajd conditions were ideal for the at- tempt. At 4:23 o'clock this afternoon it was reported that Helmy was 8l miles from Dover and that he was still|2 swimming strongly. | 1In the opinion handed down today | prospective purchasers is pursued the | | “Furthermore, the evidence does not | nd it would appear that the entire | contingency and the issuance of in- | | abutting property owners, | Pavements generally throughout the |city, however, are no better (if as good) {than they were a few years ago, but {the repair work has reached a stage {where, with adequate funds allowed, |the engineers in charge hope for steady |improvement. | But the fact remains very many of {our strests must be replaced with new |construction, and the sooner the better ifor the comfort of traffic and the safe- ity of vehicles. It is a simple mathe- I matical proposition: We have some {550 miles of streets that are in use | (traversable), with a roadway area of nearly 8,000,000 yards. If the average life of street construction is 20 years, |then one-twentieth of this yardage {must be replaced every year, if we {simply want to keep our streets from |Retting even worse than they are to- lday. The engineers figure that alone | will cost $430,000 a year, and up to the | present year, when $400,000 was pro- vided, only half that amount was |available There must be continually |increased appropriations for replace- ment work. Recommended to Congress. In their last annual report the Dis- |trict Commissioners emphasized this, |saying to Congress: “Asphalt road- |way pavements were resurfaced to an extent of a fraction only of their real | needs, their deterioration being inade- |quately met by minor repairs.” Again, the engineer of highways, in | his report to the Commissioners, sald: |“Very little resurfacing of asphalt roadways was accomplished during {the year for lack of funds, and the average age of all these pavements is now believed to be far beyond that of {any other municipality; a condition | reflected, notwithstanding our special efforts to the contrary, by a progres- ! sive deterioration in the safety and | comfort of their use. More liberal | funds for this resurfacing are plainly needed.” | "By far the most extensive type of | street construction in the District s i sheet asphalt and coal tar surfacing. Of this there are more than 200 miles, |or about 3,500,000 square yards. All | of these streets that have been laid in the last 20 years are in good condition. Just remember that 20 years is the profession’s best judgment on the | proper life of asphalt surface. Yet | the last report of the District Gov- | ernment on our streets shows many of them have a life of 26, 28 and even up to 40 vears. The records for the entire country show that the asphalt streets of Washington have a longer life than those in almost any other place. | Some Bad Spots. And yet we have some very bad pleces of asphalt streets—all of the | “outlaw” type—which the highway engineers know about but cannot take | care of for some time to come—until | funds are available. Right now most {of these streets should be replaced | with new construction. Here are some of the bad spots: ‘Pennsylvania_avenue from Peace Monument to Third street. K street, from Tenth to Connecti- cut avenue. Pennsylvania avenue, from Wash- ington circle to Twenty-sixth street. | Thirty-fifth street, from Prospect | to Wisconsin avenue. | 'S street, from New Jersey avenue | to_Seventh street. T street, from Ninth to Fourteenth, S, street, from Eleventh to Thir- teenth street. Sixth street, from M to O and trom P to Q street. Fourth street (Eckington), north of | U street north. North Capitgl _street, from New York avenue to Florida avenue. First street, from L to N street. P street, from North Capitol to New Jersey avenue. | D street southwest, from Four- | teenth street east (which has many waves and ripples. It is about 18 years old). Twelfth street, from M to N street. Maryland avenue southwest, from Four-and-a-half to Sixth street. C street southwest, from Four-and- hailf street to Sixth street. ~(Continued on Page 9, Column . | | | | |