Evening Star Newspaper, December 4, 1925, Page 2

LYNKING OF FORTS EMBODIED INPLAN Interparkway Would Connect and Preserve Chain of His- toric Civil War Sites. Nota— This ia the sizth in a series o/ eight ariicles #Aouing twAat Congreas Tiustdo fa carvy along and parfect Mai 7 Ensane's Tian Tmade in 131, and approvad by Presidant Waoshington) in ordir Xat the City 0! Washingion may property tuifli irs to he the grear weorid rapitai visi tastr of the deatiny the BY WILL P. KENNEDY. developad plans for park- connecting drives between Rock Creck Park, the Soldiers’ Home Grounds. the National Training School for Boys and Anacostia Park which will link up seven of the most mportant old forts about the Na tional Capital, will be presented to Congress for approval as part of the rermanent highway plan of the Dis. trite of Columbia. Recause of intensive building opera. tions within the last few months these plans have been materially changed in many {mportant respects from the svstem of drives contemplated by the Capital planners for the last quarter of a century. This emphasizes tha ed for prompt action now w more desirable routes are further cked, or old fe leveled Ly 18 operat L sites Where Lincoln Was Under Fire. ite developments in Piney east from Sixteenth to Kansas avenue, including Stevens, where President Lin- coln &tood under fire the only time in the history of this Government when a President actually stood on the battle line—and Fort Slocum, have haen charted. Congress also will be nsked to authorize a proposed devel. gpment from Kansas avenue to Fort otten. his kame route will ultimately lead to Fort Lincoln, on the grounds of the National Training School for Roys, on the east slde of the District, and to Anacostia Park. Then a study will ba made of the chain of forts on the Anacostia side down as far as Blue Plains. From there, eventually, the fort drive will be extended to include Fort Foote and Fort Washington, on the east bank of the Potomac, and on 1o Marshall Hall. This drive down the river would be a counterpart to the Mount Vernon boulevard., on the opposite bank The importance of vay connection and fort d &h_the section of the District rast of Rock Creek Park was empha sized in the famous McMillan report on the park systems of the District, which was prepared by Charlex Moore now chairman of the Commission of ine Arts, which sald It is of the utmost ecure an street Fort some such inter importance to agreeable parklike connec between Rock (reek Park and Soldiers’ Home as bringing organic relation two of the Iatgest and oSt beautiful places of recreation 1ying within reach of the principal rasidenca diatrict of the city. Such a onnection would form one of the links binding the eastarn and western parks into a comprehensive system.’ Tmportance of Forts. With specific reference to the pr ctad fort drive. the McMillan re- por said: "It is necesmary to mention the chain of forts which eccupied the higher summits in the northern part f the central section, extending from ort Stevens, near ¥ k reek P'ark to Fort Thayer. near the reform school. The viewa from these points #re impressive in proportion to their ommanding military positions, and they are well worth a irement as future local parke. In addition to any claim the!r historical and military in terest may afford. With Forts Stevens, Totren Slemmer, 11l and Thaver. 2 northern park cir- cult of great interest would be form- ed. having views of into the country fn contrast with the principal Inner efrcult of larger parks. presenting views chiefly south toward the city “In the gection east of the Ana- cortia a similar chain of hilltop forts 1arks the points of most commanding iows With the Anacostia and the Potomac below and the ity of Wash. ington spread out heyond and hills of Virginia in the distance, these are the most heautiful of the hroad views to he had in the District. Forts Mahan, Chaplin, Sedgwick. Du Pont, Davis, Baker. Stanton. Greble and Pattery Ricketts can be linked to =ether readily by means of the per manent system of highways with a few modifications and some widening into a drive comparable in heauty with that along the Potomac Palisades, but utterly different in character.” 1t is proposed to widen the Piney Branch parkway. already owned west of Sixteenth street. to the tops of 1he hills on each side, covering the forested area. Then the parkway de velopment would proceed eastward under Sixteenth street at the Tiger Rridge, which was buflt for just this purpose, and continue for some dis- 1ancs in the valley of Piney Branch, thus taking advantage of one of the most charming passages of natural valley scenery in the District (part of which has heen used recently as a dump). Proceeding along through Jand which is now being acquired uinder condemnation proceedings, the developruent will extend to Upshur street and Alaska avenue. There two routes would be opened for light ariving. Would Link Valleys. One route would proceed by way of Upshur street and Kansas avenue | n a northeasterly direction, passing by Fort Siocum. and by a viaduct under the Metropolitan branch of the Baltimore and Ohio rallroad into an attractive valley which leads into a larger valley in Maryland and which will link up with future parkway valley acquisitions in that State. The other route Is by way of Arkansas avenue and Fourteenth street to the Municipal Hospital, whera the grounds will always be maintained in parklike and attrac- tive fashion, and to Fort Stevens, which site His recently been acquired. This road would give access to the old National C‘emetery containing the bodies of those who fell at Fort Stevens. Thence the drive would con- tinue by way of Piney Branch road to Takoma. The park commission already has purchased a playground aite between Third and Fourth streets and Van Buren and Whittler, to be ewe Takoma Park playground. pment of Sixteenth street as t artery of traffic is also com- apended in the plans that are being ‘worked out, leading by Alaska avenue where it reaches a hill crest, now be- ing leveled, where a large circle has been shown in the spot at one time consldered for the Roosevelt Memo- rial, Then the development passes on 1o the limits of the District, where it is planned to introduce a large oval, frim which it is hoped that an ade- quate parkway will lead in the general direction of Columbia road to Ellicoit City and thence to Baltimore, furnish- ing & very beautiful route to that cit 'n the region immediately west of Sixteenth street and north of Rock Creek Park it Is designed to have two vall kways extending from Rock k to the oval at the District Iine, referred to above, and to the . the District. This latter park- #m‘lmw«mmu\ir TRoek on Seventh Page.) before | into | Bunker | the | Veteran With D. S. ( By the Associatad Prass ATLANTA. Gu., December & Slightly more than six yvears ago. Pvt { Walter J. Fillyaw, U. 8. A.. shell-torn ;and all but disabled, was almost bursat ing with pride when the commanding officer of FFort McPhersen here pinned to his breast the distinguished service cross, “for extraordinary heroism Yesterday he was found by a re porter to he peddling bananas on the streets of Atlanta, in order to earn wupport for his wife, little daughter and baby son, the latter born Monday. His incoma was found not to exceed $15 a week. The case was called to the attention | | | | are putting machinery in motion to make things “break better” for him from now on. In addition to his $15 a week peddling bananas, Fillyaw recefves On Atlanta Street of American Legion officials here, who | THE VENIN( T STAR. WASHING . Peddles Bananas for $15 a Week & month compensation from the Vet erans’ Bureau. he said. He told legion oficials he had been unable to obtain | employment because of his physical unfitness The certificate accompanying his {medal shows that it was awarded for “extraordinary herolsm agalnst an {armed enemy of the I'nited States at | Cunel. France. October 5, 1918, while | | serving as a private in the Medical | Corps of the 4th Infantry, A. E. F."| A subsequent citation told of his ““hav ing been wounded and ordered to the rear, he continued to administer to the other wounded men under con stant shell fire until he was wounded a sacond time. when he was evacuated denpite his protests.” Fillyaw i a natf N. .0 and marrled Miss Sadie Cran ford of Unlon, S. ¢., fn April, 1918, shortly before he went overseas. of Fayetteville, | BROOKHART CASE TESTIMONY ENDED lowa Republican Committee Completes Evidence to Oust Senator. | = ! By the Associated Pross. The Towa Republica committee today completed its evi dence in support of its charges that Senator Brookhart is not a Republi- can and his election was fraudulent. and the Senate elections conmittee investigating the senatoral contest went into executive session to decide on the demurrer filad by Brookhart's counsel. Three witnesses were heard today in an effort to show that Senator Brook- hart bolted the Republican party and supported La Follette in the 1924 gon eral elections after he had been nomi- nated in the primary on the Repub lican ticket. B. B. Burnquest. chair man of tha State committee. declared that Brookhart won the primary elec tion by default. as his Republican op- ponent, Sweet, was not well known over the State and made only a few apesches and refused to retire so that another Republican could be brought out. As a result, he declarad, Brook- hart received about 200,000 votes. but at did not include one-half of the tepublicans of the State Little Interest Shown. When Brookhart was nominated in the 1922 primary very little interest was shown campaign, as there were too many delegates. and the Republican com mittee, believing that the election would be thrown into convention. bent its effort toward gaining control of county organizations in order to con trol the delegates He told the committee that the cen tral committee, on January 24, 1925 {adopted a reolution nuthorizing the ‘I\'\lnle!l of Brookhart's seat in the Sen. ate as a Republican, in response to demands from a large number of vot- ers in Towa that some steps be taken to remove Brookhart as a Republican from that State under the Republican label. He denied that the central com- | mittee took any part in having the arrow ballots printed In the newspa {pers throughout the State showing {how a voter could vote the Repub. lican ticket and also vote for Daniel F. Steck. the Democratic nomines Indorsed by La Follette Carl K. Stuart, a newspaper man of in the { Follette in his campaign speeches Iowa indorsed Senator Brookhart as a candidate for the Senate. He sald that Brookhart campaign statements were given broad publicity in Jowa and that his political attitude was generally understood throughout the State. He said Republican newspapers printed the arrow ballot for the pur- pose of getting Republicans to vote for Steck instead of Brookhart J. C. Green. another newspaper man. told the committee of a speech deliverad by Steck at Bur- lngton. {n which the Democratic can didate atacked the Democratic attitude on the Daugherty investigation from W, H Republican State central committee. He also said that La Follette, a speech in October, at Des Moines, has indorsed Brookhart. At the conclusion of the testimony J. G. Mitchell, Brookhart's counsel. renewad his demurrer, declaring that {under the statutes of Towa the cen- tral committee had no right to bring the complaint against Brookhart and would have no standing in court. He declared if the demurrer Was sus tained he would offer evidence later RICH LIQUOR RING SMASHED; 19 HELD IN FEDERAL DRIVE from First | (Continued ng figure against whomn the ‘e::r‘:;:‘:‘ 'S 'the prohibition depart- ment in this case have been directed. For more than two years Coast Guard boats have been in his pay, s0 much so that they were pald off in « restaurant which he owns and which recently was padlocked. There Government _employes, low-salaried men, were feasted and entertained with wine, women and song Charges Are Denied. Dwver's attorney characterized the Government's charges as “pure ro T of the men arrested yesterday are held {n connection with the sefz- ure some time ago of the Augusta, ship. 7 {)“l;:uuir‘:g the arrest of tne Coast Guardsmen, five of whom were from the same boat, Mr. Buckner sald" “All honor to the loyal members of the Coast Guard who daily risk their lives in doing their duty and receive from $36 to $100 a month, while they witness thelr weaker brethren receiv- ing as h as $1.000 each for letting a single t go past them without interference. BRIBERY LONG KNOWN. Officials Permitted It to Continue to Catch Higher-Ups. Coast Guard officlals last night de- clared they had known of the bribing of Coast Guard personnel for some time, and had permitted it to continue to aid in attempts to apprehend the alleged wealthy law violators doing business along Rum Row. The bribing of a $60-a-month seaman was a small matter compared with trapping illicit liquor operators mak- ing. Pafifions out of the business, they said, describing the Coast Guarsmen as only “miner pawns in the game" and asserting that those gullty would be court-martialed. In order to assist Walton A. Green, chief aesistant to Assistant Secretary Andrews, in charge of prohibition en- forcement, the Coast Guard officials declared they permitted the bribing to go on quietly and kept it under close observation. They expressed gratifica- tion that the weaithy operators ‘‘whom 1obody seemed able to touch” had been apprehended, . State central | the chalrman said, | Des Moines, testified that Senator La | Des Motnes | that he had received an advance copy | Powell, a publicity man for the | i | DECLARES PENAL SYSTEM FALURE Dr. White Tells Nurses Crim- inals Should Be Permanent- ly Institutionalized. Imprisonment of criminals whom are feeble-minded, in penal in stitntions in an attempt to reform them is a fullure as well as an old fashioned method, Dr. Willlam A White. superintendent of St. Eliza beth's Hospital. said in addressing the Middle Atlantic division of the Ameri- can Nurses’ Assoclation in session at the Washington Hotel today. He as- serted that the only solution of the criminal is to institutionalize him per- manently. This will be a great and difficult problem to solve, Dr. White said, but it Is a vital requisite of modern civili- zation and one that must be solved {f We are to maintain civilization. “The old idea of putting a desperate crminal in solitary confinemant in the hope that he would meditate upon his sins and be moved to start life anew has been exploded in the light of modern scientific facts” he said. most of | Premature Deaths. A mallgnant criminal placed in soli tary confinement for a length of time goes crazy and eventually dies pre maturely, he declared. “Take away from s for lving |2na he wil take his hope | and all the hasis of his ambition, and | there is nothing left to do but die." Tt is hopeless, he sald, 1o put crim fnals in prisop for a term of vears and then to free them to repeat their crimes, which they inevitably will do. | “This “compulsion to repetition.’ as | Freud termed it." Dr. White said, is cansed the development of the mental reaction The hope of eradicating the feebla. minded and eriminal equation of our population. he auid, lies in the proper | training and care ‘of the child, who | stands at the point of supreme im. portance fn development of the race. This involves bettering housing con. ditions. childhood environment, edu- cational training and a great expan. sion of the preventive medical work Coolidge Receives Delegation. At noon the more than 200 dele. Kates to the convention were recefvd At the White House by President Cool- idge. Mrs. Anne I, Haneen, president of | the division. opened the meeting and callad Dr. Toren B. Johnson to the chair to conduct the mental health pro. gram. Miss Harriet Bailey of the New York State department of edu ation also spoke. Miss Adda Eldredge. president of the American Nurses' Association, which has a Nation-wide membership of 60, 000. spoke on the development of the activitles of the association Miss Fldredge. in a conference with other members of the assoclation, also | declared her support of the proposed | bill which would require registration of all nurses in the District of Co. | lumbia before they be permitted to practice ax graduate nurses. The biil | was proposed yesterday by Miss Ger- | trude Bowling of Washington | Praises Health Nurses. Dr. Hugh S. Cumming, Surgeon General of the United States Public Health Service, in an address last night in which e pointed to standard- ization of health measures and pro- motion of public health measures, de- clared that “no agency has made bet- ter contacts with the individual or a greater or more efficient appeal than the public health nurse. Public health nursing. he said, was a comparatively new activity, the first municipal nurse having been engaged in Los Angeles in 1898. The World War served to stimulate a greater de- mand and last year there was a record of 12,000 public health nurses at work Half of these, he said, were engaged in municipal service in 99 of the largest cities of the Nation. Dr. Cumming said a budget was necessary, and that it had been found after two surveys in 100 of the lary est cities that efficient health work could be carrled on at a cost of $1.75 per capita annually. Others Make Addresses. Miss Grace Abbott, chief of the Children’s ~ Bureau, Department of Labor, and Miss Clara D. Noyes, di rector of the American Red Cross Nursing Service here, also spoke. Round-table discussions on the re- lation of the local committees of the American Red Cross to the units of the nursing personnel of the Reserve Medical Corps will be conducted this afternoon by Capt. Blanche Rulon of the office of the Surgeon Gi the United States Army, and Miss Ida Butler, assistant to the director of the | di American Red Cross Nursing Serv! of this city. Discussions on priv: duty nursing will be led by Miss Hel F. Greaney of Philadelphia, and M Ruth I. Taylor, School of Nursing, Army Medical Cen- ter, of Washington, 1iss nurse. Maj. Julia C. Stimson, superintend- ent of the Army Nurse Corps, and president of the League of Nursing Education of the District of Colum- bla, will preside at a banquet to be held at the Washington Hotel at 7:30 o'clock this evening. Addresses will be made by Dr. Thomas A. Groover, president of the Medical Association of Washington, and by Miss Annie W. Goodrich, dean of Yale University School of Nursing, and by Dr. Haven ;.n‘]’?:uo}r;, Idahan of ;he department of ublic health and hygien - Bia Universivy: ygiene of Colum. ROBISON GIVEN POST. Capt. J. K. Roblson, who has been on leave since the expiration of his four-year term on eptember 30 as chief of the Navy Bureau of En- gineering, has been assigned as cap. tain of the yard at the Brooklyn navy yard. He will have charge of industrial and administrative matters and be second in command. Capt. Robison, who approved the Teapot Dome oil lease, was passed | ager, apj over for promotion by a naval selec- | cussed | ice | capted. ate | accept the position he would leave the len | Capital City within the next week, as instructor at the Army | Cinet will speak on . methods in education of the student | ave s IRISH SETTLEMENT HELD PEACE SEAL Ulster Keeps Old Boundary. Free State Released From War Debts. By the Associated Press. T.ONDON, December 4. —An agree- ment reached by Great Britain, the Irish Free State and Ulster on the troublesome boundary question pro- vides that the old line between Ulster and the Free State shall remain intact The Free State will receive no ad ditional territory. It will be ahsolved from paying a portion of Great Britain's war debts, but wlll assume the costs of compensation for damage to property in Ireland during the re- cent disturbances and increase the compensation 10 per cent. The northern government obtains the transfer to the Ulster Parliament of the powers heretofore invested in the Council of Ireland. Subject to Ratification. The agreement is subject to ratifica- tion by the British parliament and the Dail Efreann. Just what reception it will receive in the Free State and in Ulster remains to he seen. Advices from Dublin say that the Free State ministers must satlsfy the Dail that they have made the best possible har. gain The Dail has been until next Tuesday. o that the ques. tion cannot come before it until then. In Beifast a message to the Ulster eople from Sir James Cralg, the Tlster premier, saving he was fully satisfled with the outcome of the negotiations, was mnot unanimously indorsed. On behalt of the British government Lieut. Col L. C. M Amery in an address referred to the agreement as one that should secure peace in Ireland for all time. Satls- faction over the agreement was voiced by a hearty cheer in the House of Commons when Premier Baldwin announced the fact The Free State delegates to the London conference, which settled the question, wired to Dublin “We have sown the seads of peace We are bringing back an i solerr executed by friendship It provides a basis for sure and lasting peace. We confldently recommend it to the Irish people In Belfast one newspaper calls the settlement surrender to the Feiners The London Daily Mail says the British taxpayer has been 8old once more. a Siny Text of Agreement. The text of the new boundary agree- ment. amending and supplementing the articles of the AngloIrish treaty, was {saued last The preamble save “Whereas the progress of events and the improved relations now sub. sisting_ between the Rritish. Saorstat and Northern reland gove ments and thelr respactive peoples make it desirable to amend and supplement mald articles. so as to avoid any causes of trictlon which might mar or retard the further growth of the friendly relations between said governments and peoples, and. “Wheres the British government and the Saorstat government being united in amity in this_undertaking with the government of Northern Ire land, and being resolved mutually to aid one another in a spirit of neigh- borly comradeship. hereby agree as follows:” Articles on Treaty. Then come the five articles of the treaty. Article 1 revokes the powers con- ferred by the proviso to article 12 and leaves the territory of Northern Ireland as fixed by the Irish treaty. Article 2 releases the Saorstat from the obligation under article 5 to assume the liability therein men tioned. (Part payment of British war debts.) Article 3 The Frea State assumes all liability undertaken by the British government for malacious damage done since January 1, 1819, to prop erty in the Free State area and wiil repay to the British government the moneyv that has been paid with re. spect to such damage Article 4- The Free State agrees to promote legislation increasing by 10 per cent the compensation with re- spect to maliclous damage to prop- erty done in the Free State area be- tween July 11, 1921 and May 12, 1923, and providing for the payment of this compensation by issuing 6 per cent compensation stock or bonds. Article 5 does away with the coun- cfl of Treland in which the British Rovernment participates—and pro- vides for Ulster and the Fres State meeting together whenever necessary for consideration of matters of com- mon interest The agreement is subject to con firmation by the British Parliament and the Free State, and the act the British Parliament confirming the agreement will fix the date on which the agreement shall become effective. SHERRILL EXPECTS TO LEAVE CAPITAL FOR $25,000 POST (Continued from_ First Page) night talked the matter over with Chief Jus- tice Taft of the United States Supreme Court, and he believes that there s a great fleld for service there, as a result of this conference. However, Col. Sherrill left no doubt in the mind of his interviewer that he would accept the position when formally tendered eneral of | him, provided Mrs. Sherrill is willing. He does not believe there will be any fficulty in getting his resignation ac- In fact, he said that if he did there gs much organizing to be done in inatl in preparation for the great work which faces the new city man- Conditions there now, he sald. very bad. Gives Him Best Chance. If he is to follow his line of work in city planning and development, this wiil furnish the greatest opportunity he has ever had. He pointed out that his service in the Army gave him no assurance that he would remain here, as he was subject to transfer at any time, which might take him away from the work in which he has be- come so intensely interested. He pointed out that it would be with regret that he would have to leave the Capital City at this time, just when the greatest development work in its history is about to start, namely the Arlington Memorial Bridge and the approaches, coveripg a 10-year program. he next project he wanted to see g0 through was the city and park planning amendment to the Natfonal Park Commission act, and he wants to see a stadium here. ‘The offer came to him like a bolt out of a clear sky, Col. Sherrill said. He knew nothing about it until Mur- ray Seusongood, councilman-elect of Cincinnati, who had been sent here with a commission to find a city man- ed at his office and dis- e position with him. Col. tion board, and retirement with the | Sherrill said that he immediately saw rank of rear admiral was disapproved | the prospect of a great service, and by President Coolidge. He is retire for-age next.yeamy due to | he greeted the opportunity with much adjourned | trument | 'RIDAY RHINELANDER CASE - ISGIVENTO JURY Judge Sums Up Seven Ques- tions to Be Answered in Reaching Verdict. B the Associated Press WHITE PLAINS, N. Y., 4.—The sult for annulment rage brought by the wealthy young Leonard Kip Rhinelander against his part-negro wife, Alice Beatrice Jones, went to the jury shortly before noon today December of mar- Out of the mass of testimony, much of it conflicting. taken during the three weeks of trial. the jurymen were charged by Justice Morschauser te find answers to seven questions pro pounded to it. On the jury Aindings on these questions will he based the justice’s decision whether or not an annulment shall be granted. If grant ed, his decision will act merely as an interlocutory decree, to be finally re viewed and passed upon by the next regular special term of West Chester County Supreme Court. Counse] Are Confident. As the case went to the jury oppos ing counsel both expressed confidence a# to the outcome. The jury's decision on point upon which it must | the greatest importance the on come of the case. This point is: “Did the plaintifft cohabit with the defend ant after he had obtained full know! edge that the defendant was of negr blood?”" 1f the jury makes decisions favorable to Rhinelander on the first six points, but answers “ves” to the seventh question the whole case will be upset. The other six questions were ‘At the time of the murringe of the parties was the defendant colored and of colored binod? “DIid the defendant before the mar. riage by silence conceal fre the | Plaintiff the fuct that she was of col {ored blood? | “Did the defendant befora the mar. riage represent to the plaintiff that she was not of colored blood” Did the defendant practice said concealment or make sald representa- | tion with the intent thereby to in duce the plaintitf to marry her? | Was e plaintiff by said concea | ment or by said representation or b {both induced to murry the defendant ! fendant was of colored blood would he | have married her the seventh pass, to 3 Discussion of Evidence. After reviewing the seven points at issue Justice Morschauser then ente ed Into a discussion of the evidenc and testimony presented at the trial Judge Mills for the plaintiff,” « Justice Moy Auser ommente upon and criticized the failure to ca the defendant and her father as wi nesses and asked yvou to draw unfa | vorable inferences therefrom. and that {t can be assumed the plaintiff's case would have been ulded had either one of them taken the stand. While no prerumption arises in this respect you are at lberty and can give It such consideration and draw such in ferences as you think are warranted by the proof from the faflure to call such witnesses or to call any wit nesses who might shed light upon the cane. “You have also heard other wit nesses for the plaintff and you have also heard witnesses for the defendant besides th witnesses who are re lated to her. Are there reasons why those witnesses testified in the man ner they did? Were they hostile or blased? had thev some ulterfor motive that moved them? All these are for you to discover and to de termine when you weigh the testl- mony Attitude of Witnesse: “This does not mean that you should dishelieve the witnesses who were interested, hostile or biased, but You must weigh the testimony given by such witnesses in the light of the rcumstances as they appeared to | You. You saw them on the stand | You heard their testimony and the | manner in which it was given and the interest they displayed, thelr hostility and thelr activity so far as this case is concerned. and you will weigh the proofs and you will find the truth “Gentlemen, when a witness gives some testimony, willfully false. you have the right to disbeiieve his or her entire testimony. You may disregard what you do not believe, and on the other hand you may give weight to the testimony you do believe. “When a man marries a woman who s of colored blood and that fact is unknown to him, but known to her, and such marriage takes placa be cause of her misrepresentation, or where such marriage would not have taken place had he known the true conditlons as to her blood, but sha knew {t. then such representation as to her color, either by direct state. ment or by ‘concealment through sf lence. is sufficlent to relieve him. if you say fraud was committed on him by her. Last Vital Question. “‘After you have answered the suc- ceeding questions, except the last one, then you should also answer that one, whether the plaintiff voluntarily co- habited and had relation with the de- fendant after he had gained full knowledge of the facts constituting the fraud and falsity of the repre. sentation, or with full knowledge by him that the defendant was not en- tirely of white blood. but had a strain of colored blood. “If it appears that this plaintiff, exercising ordinary care. prudence, and from observation or otherwise— and if this appears from the proofs presented by the defendant—knew and had full knowledge that the defendant was of colored blood and then volun- tarily cohabited with her, and you should 8o find from the evidence in this case presented by her, then you may answer the last question ‘yes. S PR S ZONE LAW TANGLE REMEDY IS ASKED Commissioners Send Congress Bill to Authorize Use of Remodelled Buildings. The Commissioners today transmit- ted to the Senate and House District committees two bills which they de- sire enacted at the coming session, one to clariy a section of the zoning law and the other to transfer to the Dis- trict government a piece of Federal ground adjolning the sewerage pump- ing station at First and O streets northeast. The proposed amendment to the zoning law is intended to include a pro- vision which the Commissioners thought had been taken care of in the original law, but which was found re- cently to need legal clarification. The amendment would prevent a buflding which does not conform to the zone in which it 18 located from continuing to be used if structural alterations are made. The zoning law permits the continued use of a non-conforming structure that was already in a zone before the zoning law became effectiv: provided it is not altered, “If the plaintiff hud known that de | DECEMBER Mystery of Cyclops By Probe of Acci By tha Associated Press. The damage sustaine the naval colller Orfon off the Vir-| ginia Capes will be studied by the | Navy from the standpoint of the de | sign and construction of that type of | craft, and also as to the possibility it may throw some light on the mysterfous disappearance in March 1918, of the collier Cyclops, a sister ship. While details of the damage to the Orion were lacking at the Na partment, preliminary reports from Norfolk indicated that she had buckled and twisted amidships while her fore peak tanks were flooded. A generally accepted theory of the loss of the ‘Cyclops has heen that she buckled amidships under heavy cargo and went down with all hands Both ghips are of the same type although the Orion, which was built three vears later than the (yclops, had a little better longitudinal briac Ing. But even with Orion there is a | long distance between bulkheads in the hull and it is conceivable that the ship is weak In construction there In command of Comdr. 1. J. Gulli ver. the Orion sailed from Hampton Roads Wednesday for Melville, N. Y with . cargo of coal, and returned to Norfolk later in the day in injured condition after experiencing the hea storm off the coast. She was placed In dry dock for examination The Cyclops was last reported at Barbados n the British West Indfes where she put In for bunker She was loaded with manganese. carvied 0 officors la cre never | fron Barbad { trace was e submiarine the possible causes signed for her disappearing. it known that one of her two engines | vesterday by | nd | and was | She fter leaving ever ind wctivit | was or « 18 | el | i | May Be Solved dent to Sister hip ceeding at this would veduced speed, but even not account for the lack of any word from her radio. MAKES PORT LEAKIN( By the Associated Press NORFOLK, Va.. December 4.—The naval colller Orion, a ship of almost the came t of the ill-fated clops, was caught in the hurricane off the Virginia Capes Wednesday night and barely escaped being broken in two. a fate to which many marine authorities have attributed the loss of the Cyclops with all hands aboard. The Orlon sailed from Norfolk for Melville, R. L. with 11,500 tons of coal. putting fo sea in the face of the xauson’s worst northeast sform She made her way through th gale in_ Hampton Roads and Ches: peake Bay, but encountered terrific & ae she attempted make the | turn around the Cape Henry buoy 10 proceed up the coast me mem- bers of her crew said she was caugh in the hollow between two moun tainous seas and almost snapped half. Comdr. Louls- Gulliver skipper, turned back immedia The vessel moved up vord here with the tugs, and was_leaking badly, forespeak tank flooded. Showing an 18-degree list to star- hoard as the result of shifting cargo and reporting the worst storm in the experience of those aboard, the Old Dominion lner Jefferson arrived i port last night from New York 10 hours iate. The steamer was tossed about for hours and it was durin one of her s that the ca shifted alco experience her steering gea one of worse he, ssistance with trouble with Aside from the loss of sleep 1 the sengers was any the for his experience. xome was damaged and that she was pro ARGUMENTS HEARD IN L LEASE CASES, Attorneys Defend Demurrers | Filed to New Conspiracy Indictments. Justice Wendell P. Stafford of the | District Supreme Court today heard | arguments of counsel the demur- | rers filed to the new conspiracy “ tments {n the celebrated Teapot | Dome and Elk Hiils ses. The | indlotments were returned by 5 spe. | ial grand jury May 27, following the quashing of previous indictments by ] Tustice MeCoy on e contention | the oll magnates that of the grand jury room ed by the presence of | Oliver . Pagan, a special t| to the Attorney General, after Con.| gares had directed that the Department of Justice have nothing to do with the prosecution of the oil cases. he | ernment appealed from the order iquashing the former indictments. but later abandoned the mppeal and de cided to stand on the validity of the | two indictments which were attacked today. Albert B. Iall, former the Interior, was represented at the argument by Henry A. Wise of New York. Levl ‘ooke of Washington and Mark B. Thompson of New Mexteo Harry Sinclair. oil magnate of New York, had as counsel, Martin W Littleton and G. T. Stanford of New York and George I. Hoover of Wash inkton. Edward L. Doheny, ofl opera- | tor of Los Angeles. was represented by Frederic R. Kellogg and Joseph J Cotter of New York and by Frank J. Hogan of Washington. The prosecu tion was conducted by Atles Pomerena and Owen J. Roberts, special counsel for the Government in oll prosecu: tions. Justice Stafford allowed four and onehalf hours for the argument. of | which the Government took one and | one-half hours and allowed counsel for the defense to dlstribute the re maining three hours among them.| | George P. Hoover opened the argu. ment for Sinclair and was followed | by Henry A. Wise for Fall. Counsel for the Government will follow which Frank J. Hogan will cl Doheny and Martin Little for Sinclair: The court is expected to take the mat- ter under advisement Holds Indictments Faults. Attorney Hoover insisted that the indictments are faulty because they claim that Secretary of the Interior Fall had the power to make the con- tracts and leases in reference to the naval ofl reserves. Tha lawyer poin ed out that the act of June 4, 1920, authorized Secretary of the Navy Denby to lease the oil reserves. ‘It did not impose on Fall” said the lawyer, “any duty nor did it confer any authority respecting the making | of leases.” | In the absence of specific legisla- tion conferring upon the Secretary of the Interior any authority or imposing upon him any duty respecting the naval petroleum reserves, no such duty could arise. If it be determined, as it must necessarily be. that Fali had no duty imposed on him to make the leases and that no law conferred upon him authority to award leases, then it inevitably follows that the al- legations of the indictments in respect thereto are mere conclusions of the pleader and the indictments must 1. “This,” continued Mr. Hoover, “is the whole fabric of the indictments. If the Secretary of the Interfor had no duty respecting the leases and had no power to award leases, then there could be no conspiracy to defraud the United States, as the officers of the United States possess no powers and are obligated to perform no dutie: other than those prescribed by law Quotes Government Brief. Henry A« Wise, counsel for Fall, quoted the brief uf counsel for the Government in the civil cases heard in the courts of Wyoming and Cali- fornia, in which it was stated that a contract containing the signature of Fall would have been no more than a “worthless piece of paper’ and pointed out that in the criminal cases the same counsel were contending that the executive order of President | Harding was binding and that Fall had the power to make the contracts. ‘Wise told the court that in the civil cases- Pomerene and Roberts Lad ar- gued that the executive order was vold and that no contract or lease which Fall might have made there- under could have conveyel anything to the oll companies. 'The Govern- ment told the judges, Wise sald. in the civil cases: “Any one dealing with Secretary Fall would have been on notice of his utter lack of power and the contract taken from him contain- ing his signature would have been no more than a worthless plece of paper.” on of counse the s was for vio ¢ assla® Secretary of | Czec); Silk Industry Grows. GENEVA, November 29 (By Mail). | —The silk industry has received a decided impetus in Czechoslovakia, commercial statistics of the league show. The production of raw sik, which in 1921 was only 1,913 kilo- | tion and Public | World's | Saloon AID OF POPE ASKED IN TURNING CHURCH TO BACK DRY LAW (Continued from First Page) when the foilowing representatives rose one after another and announced they wished to withdraw from the Kanization Dr. Oliver W. Stewaurt c hicago president the Flying pre: ent of the Foundation: Dr Wilson of the Board Prohibition and Public Morals of | Methodist Episcopal Church, and | Edwin « Dinwiddie of Washing superintender Nutional runce Burea Stowart explained t1 e had decided 1o with the committes prior to the annual ad dress of Mr. Howard, and therefore the Howard address was not responst bie for his withdrawnl. He did, how ev agree with the Howard meth od of attacking the prohibition ques. tion | Concerning Dr. Wilson's withdraw- | . Mr. Howard said today he had “no felsm whatever to make upon the the representatives of the Roar my per « sta ng., and are frier Their action in way disturbs our personal rela tions and admiration for each other. Clarence ¢ Temper- | Dr. ton Temp Tor It ning hat from Methodist sonal fr Officers Are Chosen. Officers were elected at closing ses. | sions of three of the bodies interested in temperance yesterday afternoon and last night The National Legislativa Confer ence, a body of delegates fr various temperance bodles grouped to draw up ~d lative program. elected Chairman, Dr. Arthur City, Mo. vice | Clarence True Wilson | of Temperance Prol Morals of the Metho. dist Episcopla Church and Mrs. Ella A Roole of Brooklyn, N. Y., national president of the Women's Christian Temperance Union: secretary, Dr. Ed- win C. Dinwiddie of Washington. The National Temperance C(oun- cil elected the following: President Dr. Ira Landrith of Chicago; vice presid Miss Anna A. Gordon of Evanston, Il president of _the W. C.'T. U.: DriB: C. Din- widdle of Washington, Dr. Charles Scanlon of Pittsburgh, secretary of he Board of Temperance and Moral Welfare of the Preshyterian Church; Dr. F. Scott McBride of Westerville, Ohfo. superintendent of the An league. and Rev. P. J O'Callahan of Oakland, N. J., presi- dent of the Catholic Total Abstinence Unfon; secretary. Dr. Ernest H Cherrington of the World League Against Alcohollsm: treasurer, Deets Pickett of Washington of the board of Temperance, Prohibition and Morals of the Methodist Episcopal Church secretary of the executive commif- tee. Miss Cora Frances Stoddard of Boston, secretary of the Scientific Temperance Federation The United Committee for tion Enforcement re-elected N. Howard president a officers as follows: Vice presidents, Mrs. Ella M. George. president of the Pennsylvania W. C. T. U.; Rev. George Zurcher of North Evanston, N. Y., of the Catholic Clergy Prohibition League; Rev. O. R. Miller of Albany, N. Y., of the National Civic League, and secretary-treasurer, Dr. D. Leigh Colvin of New York City, recently elected chairman of the National Pro- hibition Committee. of the Board E. Prohibi- Clinton d named other Issue Comes to Fore. Prokibition enforcemen: suddenly has taken its place among the out- standing public issues that are agi- tating Washington on the eve of the convening of Congress. Aroused by the cumulative force of a long series of events, ranging trom Gen. Andrews’ reverherating chake up of the prohibition unit to a row over the enforcement raethods in the Nationsl Capital, botih wets nd drys are agalm coming into uction for an- other round of the old debate over liquor. On top of an attack by the drys on the present prohibition regime two wet members of Congress today re- newed their attempt to force a change, and one of them, Representa- tive Dyer. Republican. of Missouri, sald he would ask the new Congress to move for repeal of the Volstead act. Seek to Narrow Responsibility. A large section of the drys are seeking to narrow down responsibility for the conditions of which they com- plain, but they are not agreed on the question of laying the blame directly on the doorstep of President Coolidge. The Methodist Board of Temper- ance, Prohibition and Public Morals today dissented from the round robin of complaint sent the President yes- terday by a score of reform organiza- tions, and Mrs. Ella_A. Boole, newly elected president of the Women's Christian Temperance Union, called at the White House to assure Mr. Coolidge that the union would give him wholehearted support in his en forcement efforts. Tonight at a public dinner here rep- resentatives of the union and of the Anti-Saloon League, whose Chicago convention recently threw down the gauntlet to negligent enforcement offi- | cials, will restate their attitude for the benefit of official Washington. Several members of Congress are ex- pected to attend. Representative Dyer did not go into grams, jumped to 19,700 in 1923. In 1924 it was 27,780; in 1925 about 32,- 000, while the estimate for next year 1s placed. at 186,000 ki CONGRESS 10 GET AIRCRAFT BILLS Measures Being Drafted fo Carry Out Program of President’s Board. the on of the of President” At nd mendations Roard for expan: Navy air prepared early Chairman air services ady by Rep Wadsworth blican Service aval deal the naval Bingham Senator B necticut &l nienber recomr ivilian tion President Coolidge’s appreciation of the work of his afrcraft board, whict recently submitted its report, was acknowledged fn a statement issued at the \ House today t descrit he work rd as having constituted a igation Aviation Tmportant. onal e defense . is a matter in which all erested, quite properly. There is no digpute that th sclence of aviation, now in {ts infancy is going to play an fmportant part | safeguarding our country from any forelgn attack, and that anything which will develop its usefujness should be welcomed by us all. The report of the Alrcraft Board gives to the public a clearer under standing of all the problems involved than any statemenr heretofore issued.’ CHAPMAN STILL IN CELL. HARTFORD 7)) through State 5 overnight wice reprieved m ember ¢ h spread nelghboring Gerald Chap irderer, under n March 3 n the State Is today said is still very Dec: escap fre prison offi us bandit a4 key ely nothing to it early today when ation of the escape wice escaped from ‘He was in his and he is that the nc mu. there allowing among other things of beer of a higher alcohol vislons the sale ontent Wets Out ‘Would Bar development tion W the proh he past 24 hot 4] protest State ot on included fi the proh against entr. to attend a plaint by of “wets” from Europe and con Gaillivan meating here, Representative Democrat, Massachusetts, filed with ecretary of the Treasury Andrews against the expenditure of more than 31.000 by a prohibition agent in work ing up cases at the Mayvflower Hotel here. Writing to Secretary Kellogg, the prohibition national committes, B. E Prugh, chairman; . L. G. Hohenthal secretary, sald: “On at least two previ ous occasions within racent months persons from Europe were forbidden to enter the United States Lecause they were coming to advocate policies in imical to our National Constitution ‘We are infc th trade organizat of Europe sending representatives to conven tion be held Washington, on therea whose in ses are antagonistic rendment to the Con eighteenth tion. *The prohit on national committee in session at Washin on Decer ber 1, directed the undersigned in its behalf to enter with you as Secretary of State it8 most earnest protest against granting any visa for admis sfon to this country of any allen of whatever nationality who by his pres- ence. voice or influence attacks the Constitution of the United States.” Representative Gallivan outlined to Gen. Andrews a story of lavish en tertainments arranged by the prohibi tion agent here, culminating in & ban quet for 13 persuns, at the Govern ment’s expense, at which liquor was alleged to have been served. A8 a member of the House appropriations committee he also protested against the setting aside last year of $200.00) for “undercover work” in the prohi bition, for which it has asked $250,000 for the next fiscal year. “This story show: Gallivan told prohibition officials. “‘that Gov ernment money is being used to vio late the prohibition law. Last June & prohibition agent registered in one of the leading hotels here under the name of a member of CongTess who is M { internationally known. “For several weeks he entertained lavishly and took into his friendship the maitre de hotel. The two enjoyed wine and song, the former suppliad by the alleged Congressman. The eo called Congressman or prohibition gave his hotel employe friend case and other gifts. Story Is Being Probed. “Finally the agent arranged a ban quet. Fifteen persons were invited but 13 attended. He had run out of liquor, though, and called upon his hotel employe pal to provide him. The bill for the banquet was $86.90 The bill of his pal for liquor and tips was §229. “But the manager of the hotel be- came suspicious and fired the em- ploye and another employs. Immedi- ately the agent arrested the two, who now are awaiting trial. The agent spent more than $1,000 during his stay at the hotel.” Director Jones of the Prohibition Bureau is investigating the story and looking up the agent’s vouchers in the case. The House appropriations commit- tee soon will take up the Treasury bill. . The Treasury has asked $10. 635,685 for prohibition enforcemerit for the next flscal year, exclusive of appropriations for the Coast Guard. This is $400,000 more than the appro- priation for this year, and includes $1,500,000 for enforcement of the nar- cotic laws. Only 20 ays Christmas is coming SHOP EARLY— So Your Gifts Will Arrive details about his pian for an entirely new prohibition deal, but said he would seek to Substitute for the Vol stead act a-law of more liberal pro- on T'ime