Evening Star Newspaper, May 23, 1926, Page 1

WEATHER. (U. 8. Weather Bureau Forecast.) Fair and cooler today; tomorrow fair, with rising temperature; moder- ate to fresh northwest winds today. Temperatures: Highest, 80, at 2 p.m. yesterday; lowest, 52, at 4 a.m. Full report on page 9. No. 1,105— No. 29,972. USEOFU.S. GOLD | 10 RESCUE FRANG 1S EXPECTED S00N Winston and Strong in Paris Negotiating With Briand on Currency Aid. POUND STERLINE CASE REGARDED AS SIMILAR Lira, Too, May Be Rehabilitated by American Money, in Opinion of Observer. BY FREDERIC WILLIAM WILE. Unbeknown to the American public at large, high financial officials of the United States Government are now in Europe. co-operating with Old World financiers in the work of stabil- izing exchanw They uare Garrard B. Winston, Undersecretary of the Treasur: ‘ashington, and Ben- 3amin Strong, e al Reserve Bank of occasions when the New York Fed- Reserve institution participates ale foreign operations, it is 1i Reserve banks of the country. Present activities are no exception to the rule. it was the co-operation of the New Vork Federal Reserve Bank and the Bank of England early in 1925 that paved the way to the recent trium- phant achievement of the British pound sterling in crossing par for the first time since December, 1914. Great Britain, through the establishment of £300,000,000 gold credits in New York, was enabled to return to a gold money standard. Exchange Was Stabilized. British exchange was promptly and permanently stabilized as the direct result of that development. What Messrs. Winston and Strong, who have been in Europe since the middle of April, are uhderstood to be doing is to examine the possibilities of serving other European banks of issue &s helpfully as the New York Federal Reserve Bank helped the Bank of England. The American financial officlals are working in close harmony with Mor- tagu C. Norman, the governor of the Bank of England, who negotiated the great Anglo-American gold transac- tion in New York in January a year ago. They are acting in comtmon with the French government at the present moment, with a view to assisting Premier Briand and Finance Minister Peret in their efforts to rescue the franc. M. Robineau, the governor of the Bank of France, has been in conference with Mr. Strong. It will occasion no surprise in ‘Washington if the next few days bring news from Paris that Federal Re- rve Bank gold will be put to work to save franc exchange, just as it was used to rehabilitate British sterling in 1925, Messrs. J. P. Morgan & Co. jolned with the Federal Reserve authorities in establishing the Bank of England gold credits, underwriting one-third of the amount, May Also Help Lira. So far there has been intimation at ‘Washington only of American interest in the franc crisi: But there is ground for believing that eventually the United States may become equally interested in putting the Italian lira on its feet. As far as Irance is con- cerned, everything depends upon French ratification of the American debt settlement. There have been in- formal assurances to several of our principal European debtors that Amer- ican aid would be at their disposal for ! putting their various e: in order, provided the w: funded. 5 America is helping herself when she helps the outside world stabilize foreign currency. It is the well known policy of the Federal Reserve System 1o co-operate with central nks abroad in a program of cur- rency stabilization. A country whose currency is on a sound basis has far more purchasing power than one whose money unit, like the franc or lira, is shot to pieces. American goods—raw materisls, agricultural yroduce and manufactured wares— find their best market among peoples whose currency Is on a normal stand- ard. The immediate eifect of the re- turn of the British pound toward par last year was the sale to Great Britain of the biggest bill of goods Uncle Sam ever shipped to those islands—more than a billion dollars’ worth. At times currency inflatlon has led 10 large temporary increased exports from foreign countries, due to the fact ange houses r debts were that the gold value of the currency.| of the country was at such a discount that goods naturally flowed out of the rountry where the inflation was tak- ing place. These exports went into competition on a basis not of the cost of production, but rather on the basis of the deprectation of the currency. Such a phase of the international trade situation would necessarily be temporary, but none the less disturb- $ng to the markets in other countries, where the temporarily stimulated sales were being made. U. §. Hus Excess Gold. American intervention in the Guro- pean exchange situation has another purpose than making the Old World n better market for American goods. ‘The United States Treasury is suffer- ing from an embarrassment of gold. At the end of 1925 our total stock of gold was $4,408,696,000, or nearly half of the world's total of $9,348,399,000. How to relieve tho “glut” of gold held by the Treasury is a constant source of anxiety to the Government. Ways and means to divert the flow of gold that has been coming in our direction pince the war has been one of Secre- tary Mellon’s major problems. Last month—April—we exported more gold than we imported, but the net im- ports for the first three months of | ately $77,000,000, | 1926 were approx as compared with nct exports for the game period last year of apnroxijnate- Jy $133,000.000. ansactions such as we effected with the Bank of F 4n 1925 go far toward stemming the tide of gold in our direction. The mind of the average man or woman cannot grasp why Uncle Sam’s gold hoard is an economic embarrass- mment, but it is, and our financial au- thoritles conceive that it could turn from an embarrassment into some kind of a disaster if we should con- tinue to be “choked” with an indiges- tible amount of the precious money metal. Gold piled up in Mr. Mellon's vaults hecormies a frozen national as- (Continued op Pagé 4, Column 4) | “Your honor, I want wk that you jand to ferglve bim, Entered as second class matter post office, Washington, D. C. i | | lican nomination for | Semator in yesterday’'s primary elec- GERARD B. WINSTON. STANFIELD 11,808 BEHIND STETWER Incumbent Deserted G. 0. P. Organization—Bert Haney Close Pressed. By the Associated Press. PORTLAND, Oreg., May 22.—Fred- erick Stelwer's plurality over Senator Robert N. Stanfleld for thé Repub- United States tion was 11,808 on a tabulation of 1,441 of the State's 1,847 precincts late today. The figures were: Steiwer, 37,55 Stanfleld, 25,749; A. W. Clark, 19,859; L. B. Sandblast, 13,071; J. J. Cross- ley, 8,675; A. R. Shumway, 4,662; Rose E. Barrett, 4,169; C. F. Evey, 920. Observers commenting on the Re- publican senatorial result declared the dry vote had been divided among Clark, Stanfleld and Crossley. Steiwer, an attorney and wheat grower of Pendleton, had the indorse- ment of the Antisaloon League. Wets Desert Stanfield. Stanfield, who earlier in his po- litical career had been regarded as a liberal on the liquor question, alien- ated the wets when he became a mili- tant dry in the Senate. Sandblast, a comparatively un- known figure until he entered the senatorial race with the platform of government control of the liquor traf- fic, drew a heavy proportion of the Republican vote. The support he re- celved was interpreted solely as an expression of wet sentiment, as he had no political following. The regular Republican organiza- tion deserted Stanfleld in the cam- paign and threw its support to Stel- wer, although backing A. L. Patter- son, who won the Republican nomina- tion for governor. The figures on the Republican gu- bernatorfal race from 1,231 precincts were: Paiterson, 48,022; J. 8. Upton, 29,760; W. A. Carter, 16,949. Watkins Presses Haney. Elton Watkins, former Yepresenta- tive, kept pressing Bert E. Haney, former Shipping Board member, for the Democratic nomination for Sen- ator as additional returns were tabu- lated. With 1,418 precincts counted, Haney had 14,600 and Watkins, 14,137. Gov. Walter M. Pierce maintained { his big lead for the Democratic gu- bernatorial nomination over Mrs. Louise Palmer Weber, an avowed champion of modification of the Vol- stead act. In 1,170 precincts Pierce had 17, 067; Weber, 6,411. M. E. Crumpacker, representative of the third congressional district, handily won the Republican nomina- tion. Complete returns gave Crum- packer 38,340; B. F. Mulkey, 10,095. Norman Richards, who made a cam- palgn on liquor law modification, had 5,861. BERLIIi, ON EDGE, A\}JAITS GREAT PARADE OF REDS Nationglists Paint Lurid Pictures of Invasion by Hosts of Com- munists Today. By the Assoclated Press. BERLIN, May 22.—For days past the Nationalists have been painting alarming pictures of the great Com- munist march through the streets and demonstration in the western suburbs, set for tomorrow. The gathering i8 expected to be the biggest of its kind vet undertaken. Communists, to an estimated number of between 40,000 and 60,000, are coming from all parts of the country. Some 4,000 bandsmen will enliven the parade. But the lurid Nationalist talk about 14,000 police facing an army of 100,000 disciplined Communists has failed to evoke panic, although the authorities have stopped all police leave for the day. The Communists scout any idea of disturbances, proclaiming that the sole purpose of the demonstration to show that the working class is re- golved to defend its vital interests against monarchist and reactionaries’ plans. by| he Sund WITH DAILY EVENING EDITION WASHINGTON, D. C, SUNDAY Goes o renc' aia || NENAVAL PARLEY PROPOSED 70 HINGE ONLAND ARMS CUT Proposal Is Outgrowth of Japanese Request for Three- Power Conference. LATTER CAUSED ALARM IN BRITISH OFFICIALDOM French Propose Definite League Move Toward Mutual Assist- ance in War Time. By the Assoieated Press GENEVA, May 22—The idea of having a separate naval conference, results of which enter into force only when suitable agreements have been made as to reductions in land arma-. ments, has been informally broached at Geneva. The suggestion presum- ably is the outcome of the Japanese proposal for a three-cornered naval disarmament conference by the United States, Great Britain and Japan. This Tokio suggestion apparently caused surprise, if not consternation, in British circles because of the dif- ficulty the British say they would find in making reductions in small craft like submarines without simultaneous reductions by France and Italy. The British are described here as wishing to keep the navy in the Mediterranean equal to the combined strength of France and Italy, since Great Britain is forced to maintain the safety of the sea route to India against any possible naval combina-| tion of European powers. Matsuda Meets Gibson. M. Matsuda, representing Japan. had an Informal discussion today with Hugh S. Gibson, the American minister in Geneva, on the three- power conference suggestion. Now that there is partial security through the league covenant and the Locarno accords, make it real and ef- fective and help on disarmament by arranging immediately for the swift operation of mutual assistance in war time—such is France's latest con- tribution to the disarmament studles, announced at Geneva today. France's initiative in presenting this proposal, through M. Paul-Bon- cour, to the drafting committee of the preparatory disarmament commis- sion is deemed of vast importance to the success of the limitation of land armaments in Europe, because many European nations have insisted that they will disarm only in proportion to the security actually achleved. Calling attention to the fact that the recent Greco-Bulgar conflict was quickly settled largely because the parties ceased hostilities at the re. quest of the League of Nations Coun- cil, M. Paul-Boncour recommended that the leagu study the advisability of giving power to the league council to impose an armistice immediately a conflict breaks out. He also urged that the council be authorized to ex- ercise this power without the neces- sity of a unanimous vote. Unanimity Held Vital. Unanimity, France, held, should ob- tain in deciding upon a flagrant ag- gression, but, quite contrary to the existing custom, the burden of unan- imity should rest upon the shoulders of a nation that pretended aggression did not exist. This is regarded in league circles as France's answer to the provisions of the recent Russo-German treaty that Germany, as a member of the League of Nations council, will re- main neutral in any coalition move- ment against Russia; in plain words, the French explanation is taken as meaning that if Russla, for example, should commit a flagrant aggression against another nation, Germany, or any other member of the council, would be obliged to secure a unani- mous vote, not to prove that Russia ‘was gullty, but to prove that she was not_gullty. M. Paul-Boncour further asked that permanent organizations be created by the league to function immediate- 1y to determine the causes of con- flicts when they break out, and to agree upon what economic and finan- cial help should be given a state at- tacked—help which is obligatory under. the covenant. The French spokesman held that permanent com- missions should determine in ad- vance the needs of all countries in raw materials, foodstuffs, munitions, transports and credits, and that when was broke out the council should de- cide which nations should come for- ward with the necessary ald. Gibson Leaves Hall. Mr. Gibson left the conference hall when the French project came up for discussion, though some other mem- bers of the American delegation re- miained. Apparently quick to see that the Boncour document could not be discussed by the Americans, be- cause the United States is not a mem- ber of the league, Viscount Cecil, the British delegate, objected that the project could not be debated by the preparatory disarmament commission, but only by purely league organisms. He called attention that three coun- tries represented on the commission— the United States, Argentina and Ger- many—are not members of the league and might be embarrassed by discus- sion of matters which concerned the league only. A lively debate ensued, with M. Peul- is | Boncour insisting the wanted to get the French views before the commis- sion, as he believed they would help toward attainment of a reduction in (Continued on Page 4, Column 8.) Slayer, Sorrowful for Killing Friends, Asks Early Death; to Die in Chair June 22 By the Associated Press. WARRENTON, N. C., May 22.—W. L. Ross, charged with the murder of Mr. and Mre. Sidney Odom in Warren County last Sunday, was convicted by a jury in Warren County Superior Court of first-degree murder tonight. The verdict was returned at 11:15, after the jury had been out an hour and a half. Judge Cranmer sentenced the de- fendant to be electrocuted at the State prison at Raleigh on June 22. make the time as soon as possible,” Ross told Judge Cranmer, after the jury had returned its verdict, and the defendant was asked if he had any- thing to say. “I have killed my best friends and I have nothing to live for, and I don’t want to live. I am suffering great remorse.” After Judge Cranmer had pro- nounced sentence, Ross asked for the little girl, Sallie Bett Ross, his adopted daughter, whose leaving home prompt- ed the murder, he said. Getting down on his knees before her, he hegged her to pray for him FINISH FIGHT SEEN AT BAPTIST PARLEY { Fundamentalists to Contest Seating of Park Avenue Group, Says Leader. Charging that ‘‘Rockefeller’s money"" i8 to blame for an impending schism in the Baptist denomination, Dr. J. Frank Norris, fundamentalist leader of Fort Worth, Tex., last night de- clared a finish fight between the fundamentalist and modernist wings of their faith will take place at the Washington Auditorium Tuesday morning when delegates of Mr. Rocke- feller's Park Avenue Church of New York ask to be seated. Flaying the modernists as support- ers of a machine which is virtually working to “syndicate religion” and make the Baptist religion part and parcel of the Standard Ofl Co., Dr. Norris gave notice that if the Park Avenue delegates are seated “the fundamentalists will withdraw and the convention will be split into frag- ments. Dr. Norris declares he will sound the opening gun for the fundamental- sts in a speech at the Washington Auditorlum tomorrow night on “The Beast of Modernism.” Both Sides Will Gather. The convention, which opens Tues- day, is the general Baptist conven- tion, composed of both fundamentalist and modernist delegates. The six- v convention which closes tomorrow night at the Auditorium with speeches by Dr. Norris and Dr. W. B. Riley on “The Growth of Modernism in Baptist Schools,” {s that of the Bap- tist Bible Union of North America, composed entirely of fundamentalists. “The time has come,’ Dr. Norris explained, “for a showdown. There are avowed fundamentalists and avowed modernists, and a great many Who are ‘on the fence,’ but I want to say that from now on a Baptist must place himself on record as allied | with either one of the groups. just like members of Congress ‘who are playing double on the dry issue. The time has come for them to be her very dry or very wet e“Dn Xomis states that the funda- mentalists have no quarrel with Mr. Rockefeller personally, but they do not propose to let his money make “a hot bed of modernists’ out of the Baptist denomination “as his money has made Chicago University a hot bed of modernism.” If the Park Avenue deegates are seated, he continued, the fundamen- talists will withdraw the financial sup- port they hitherto have given, and.let Mr. Rockefeller pay the entire bill. Refuse Rockefeller Money. Much of Rockefeller money which has supported the Baptist schools in the South, according to Dr. Norris, al- ready is being refused, Dr. Norris confides that he will use a number of passages from the Bible in his speech tomorrow night “which fit the situ- ation like a glove.” It is explained by Dr. Norris that the rank and file of the Baptists are fundamentalists, but that the “ma- chine” of the Baptist denominations’ pald workers is 100 per cent modern- sts. ; FEstimate is made that between 6,000 and 7,000 delegates and visitors will attend the sessions of the general con- vention. The Bible Union will elect officers tomorrow. Nominations were made yesterday, but the names of the cand!- dates were not made public. 120 REPORTED MISSING IN INDICTMENT LEAK Seattle Paper Declares Police Of- ficers Knew of Accusations Be- fore Papers Were Returned. By the Associated Press. SEATTLE, Wash, May 22.—The Seattle Times said today that be- cause of a Federal grand jury leak, more than 120 persons cut of about 200 who were indicted in prohibition cases have fled. The grand jury in- vestigation extended into conspira- cles reaching into Canada and east- ern United States. The newspaper says the indictments call for the ar- rest of men in the Navy, Coast Guard, State and peace officers. Names of Seattle police indicted, including a captain and a leuten- ant, were said to have been known at police headquarters more than a day- before the indictments were re- It's | WHO KILL 1 1 MORNING, 3, COCK ROBI TODAY’S STAR PART ONE—48 PAGES. General News—Local, National and Forelgn. Schools and Colleges—Pages 25, 26 and 27. ."A. R. Activities—Page 27. Current News Events—Page 27. District National Guard—Page 33. Boy Scout News—Page 34. Girl Scouts—Page 34. Army and Navy News—Page 35. Around the City—Page 35. At the Community Centers—Page 40. Y. W. C. A. News—Page 42. Civillan Army News.—Page 43. Radio News and Programs--Page 44. Parent-Teacher Activities—Page 44. Financlal News—Pages 45, 46, 47 and 48. PART TWO—14 PAGES. Editorials and Editorial Features. ‘Washington and Other Society. Notes of Art and Artists—Page 4. Review of Newest Spring Books— Page 4. Tales of Well Known Folk—Page 10. News of the Clubs—Pages 11 and 13. PART THREE—12 PAGES. Amusements—Theaters and the photo- play. Music in Washington—Page 4. Motors and Motoring—Pages 5, and 7. Fraternal News—Pages 9 and 11. PART FOUR—4 PAGES. Pink Sports Section. PART FIVE—8 PAGES. Magazine Section—Fiction and Fea- tures. The Rambler—Page 3. PART SIX—12 PAGES. Classified Advertising. Serfal, “The Law of the Talon"— Page 12. Veterans of the Great War—Page 12. GRAPHIC SECTION—8 PAGES. World Events in Pictures. COMIC SECTION—4 PAGES. Betty; Reg'lar Fellers; Mr. and Mrs.; Mutt and Jeff. . WIFE TRACES FLEEING PRINCE DE SOMHETIC Catches Husband on Departing Liner After Frantic All- Night Search. By the Associated Press. NEW YORK, May 22.—The Prin- cess Melikov de Somhetic, daughter of the late Edward Hooker, a former mayor of Hartford, Conn. sailed on the Paris with her husband today without baggage and with only the clothing she had worn in a frantic 24-hour search of night clubs and outgoing liners for the prince. The prince, claimant of the van- ished throne of Georgla, disappeared from the Park avenue apartment of the princess about noon yesterday, leaving a note in which he told his wife he “was going away forever.” The princess immediately notified the police, and began a personal search of the night clubs, of which her husband has been an habitue since their arrival from Paris, where the couple was married six weeks ago. Private detectives watched all outgoing ships, and a message from one of them informed the princess of her husband’s embarkation on the Paris, shortly before it sailed. A wild taxicab ride brought the princess to the liner a few minutes before the gangplank was raised. Princess de Somhetic told police her husband was a sufferer from shell shock, and extremely nervous. He holds a diplomatic passport from ‘the French government which en- abled him and his wife to sail on the Paris without other formalities. g INQUEST IS REFUSED IN VETERANS’ DEATHS Representative Said He Heard Two Had Died of Violence and Willful Neglect. By the Associated Press. DAYTON, Ohio, May 22.-—Coroner J. F. Torrence said today there will be no inquest into the deaths of George tional Military Home here. The coroner, who is conducting an investigation into the deaths at the {nstance of Representative Roy G. Fitzgerald, interviewed a number of physicians and patients at the home. Mr. Fitzgerald in a letter said he had information that Martin was the victim of violence and that Ryan dled from criminal neglect. Fitzgerald urged a special grand jury _invistigation. F. C. Runkle of the Military Home has denied the charges. Judge William 'W. White has declined to call a grand jury inquiry unless the coroner's re- B, C. Martin, 84, and Michael ' Ryan, 85, late residents of the Na-| ay Stav 1926.—110 PAGES. BALDWIN REBUKES i ;Warns That Subsidy Soon Will End, Scoring Attitude of Both Parties. By the Associated Press. LONDON, May 22.—Through his secretary, Premier Baldwin has sent communications of equally stern re- buke to both the miners and mine owners for the impossible attitude they are adopting, which prevents the government's earnest attempt to effect a settlement of the coal mining dispute. The communications are in answer to the notice of the miners’ repre- sentaiives that the government's latest proposals could not be accepted, the men objecting to the clause pro- viding for a reduction of wages and a lengthening of the work day, and the declination of the owners, who contended that the premier’s com- promise suggestions would limit free- dom of administration and would not increase the efficiency of the industry. ‘The premier at this stage gives no | intimation of what further steps, if |any, the government intends to adopt, and it is expected matters will simmer for the next few days, over the Whitsuntide holidays. He states quite clearly, however, that since both sides have rejected the coal commission’s report the government no longer considers itself bound by the commission’s recommendations. ‘Warns of Subsidy End. He gives the miners warning that at the end of the present month his own proposals for a settlement, em- bracing a subsidy of £3,000,000, will also lapse. But the premier an- nounces that he still holds himself ready to any new practical proposals for a settlement from either side. The letter says that there were rec- ommendations in the coal commis- slon's report that the government only accepted reluctantly and which could not have been accepted except in the hope of a general settlement. “This hope,” it continues, “has been disappointed. In these circum- stances it must be clearly understood that the government regain their freedom for all purposes and no long- er hold themselves bound by the terms of an offer which has been re- Jjected. “In particular, in view of the great growing burden imposed on the gen- eral finances, and the present stop- page in the coal industry, it will be impossible for the government to hold open beyond the end of the present month the offer of any further subsidy."” B Denies Terms' Discrepancy. In conclusion. the letter says the wminers are mistaken in supposing there was any discrepancy in the terms of the premier's broadcast speech in which he asserted the gov- ernment was.not_fighting for a lower standard of living for the miners or ; thers. “No such discrepancy exists,” f{t says, ‘“and, in the opinion of the prime minister, the terms proposed, if accepted on both sides with good spirit, would by their results have fully justified those sentences of his speech to which you call attention.” ‘The communication to the mine owners opens with the words: “The premier greatly regrets that your as- sociation have thought it necessary to adopt the uncompromising attitude conveyed in your letter.” A After admitting that while the at- titude of the miners’ federation has not changed since last July, the mine owners made some advances from their original position in order to reach a settlement, the letter con- tinues: ‘““The premier profoundly dis- | ™ (Continued on Page 4, Column 1.) MINE DISPUTANTS Sunday morni and service wi * Wife Sues Husband Who Told in Sleep Of 3 Other Mates Special Dispatch to The Star. CHICAGO, Ill, May 22.—Glenn Dubois could not make his tongue behave. He talked in his sleep and the beans he spilled caused a woman who thought she was his legal wife to hale him to court for bigamy. % “He talked about other women, she .sald, “and from -this I gathered that they were other wives.” Two had been divorced, but he had not been divorced from No. 3, Dubois admitted in court. “I've talked in my sleep all my life,” he said. “I don’t remember anything about it.” s SENTENCE OF FIHT PROMOTER UPHELD Justice Refuses Arrest of Judgment in Dane Case. Appeal Is Taken. Justice Wendell P. Stafford of the District Supreme Court vesterday overruled a motion in arrest of judg- ment filed by Attorneys James A. O'Shea and John H. Burnett, repre- senting Frank Dane, who was con- victed of aiding and abetting in a prize fight between John Cody and Philip Raymond at the Arcade last January. Dane was sentenced to serve three years in the penitentiary. His counsel noted an appeal to the Court of Appeals. Counsel for Dane raised the point that as the jury had acquitted the two prize fighters, or contestant: Dane could not be held guilty as ait ng and abetting them. Justice Cites Law. Justice Stafford cites the law against fistic encounters in the Dis- | trict where an admission fee is charged and where the contestants are paid, and also sections 320 and 321 of the Federal criminal code, un- der which he holds the prosecution was conducted, even though the in- dictment was indorsed as for “viola- tion of section 878 of the District code.” The indorsement forms no part of the indictment, the court pointed out. The two contestants were exone- rated by the jury, after the court had instructed them that if they believed Cody and Raymond did not know that admission was being charged, they () Means Associated Press. “From Press to Home Within the Hour” The Star is delivered every evening and ing to Washington homes at 60 cents per month. Telephone Main 5000 ill start immediately. FIVE CENTS. DECISION DELAYED ON FENNING PLEA FOR GUARDIAN FEE Judge Hears Arguments of Counsei on Report of Court Auditor. HOGAN SCORES STAND OF DAVIS IN AD’ ER CASE Declares “Law Overlooked, But Due Note Taken of Hysteria.” Defends Commissioner. Arguments on the exceptions filed by Commissioner Frederick A. Fen- ning to the report of Herbert L. Davis, auditor of the District Supreme Court, in which Mr. Fenning is not allowed a commission of 10 per cent for serving as committee for Adolph Adler, a mentally incompetent war { veteran, and also is required to pay the bond premiums himself, were made before Justice Frederick L. Sid dons yesterday, after which the court | tovk the report under advisement. | Representing the Veterans’ Bureau | und the ward, Maj. Davis G. Arnold, national guardianship officer of the bureau, filed an answer to the excep- tions, while W. W. Millan opened and Frank J. Hogan, chief counsel for Mr. Fenning before the House ju diciary committee investigation, closed the argument in support of the ex- ceptions. Maj. Arnold put the burden of his argument on the first of the two ex- ceptions filed—that which referred to the requirement of the auditor that Mr. Fenning must pay the bond premiums himself, instead of chars ing them to the ward's estate. His principal point was that Mr. Fenning was not an “agent” of the United States Mortgage & Fidelity Co., but a “soliciting attorney.” In this cate gory, Maj. Arnold contended that’if Mr. Fenning allowed the ward's estate the 25 per cent commissions he re- ceived from the bonding company on pretNums paid, it would not be in violation of section 654 of the code, which prohibits rebates to persons not licensed. “If the ward is not en titled to the benefits of the commis- sions,” declared the major, “then Fenning is not entitled to them, asx | he stood in the same position of his | ward. should be acquitted. The court finds that the evidence adduced at the trial abundantly justified the verdict as to Dane, who provided the tickets, engaged the pugllists, the referee, and other persons to collect the admis- sion fee, and that he received the ad- mission fees from persons attending the performance. Holds Fighters Ignorant. The jury's verdict constituted, says the court, a determination of the fact by the jury that there was a pugilistic encounter, that a fee was charged by Dane and collected by him without the knowledge of Cody and Raymond. The court holds that Dane under the law making an accessory a prin- cipal violated the statute and may not be relieved from criminal re- sponsibility merely because he acted through innocent agents. This rule the court finds has been applied in de- cisions in both the United States and in England in offenses ranging from homicides and burglary to counter- feiting, forgery and false pretenses. Dane ,the court finds, was a principal to the crime and procured its com- mission, and is none the less guilty because Cody and Raymond were ac- quitted. —_— BERENGER SAILS HOME TO AID DEBT RATIFYING French Envoy Expects to Return to U. S. in June if Pact Is Put Through. By the Aseociated Prees. NEW YORK, May 22.—Henry Ber- enger, French ambassador to the United States, safled for home today on the Paris to assist his govern- ment in ratifying the debt settlement between France and this country, of which he is optimistic. “I wish to convey to the whole American press my cordial thanks for fits helpful assistance and to render homage to the officials with whom I have come in contact,” he said. “T go to assist my govern- ment in a prompt ratification of the debt settlement.” The ambassador will return in June it the settlement is ratified, an’% in September if it is not, he said. Bloom Faints in Lobby. Representative Bloom, Democrat, of New York fainted in the lobby of the House during yesterday's session. He was revived quickly and motored to his hotel. Several Representatives who are physicians, including Dr. Kindred of New York and Dr. Summers of Washington, attended him pronounced his condition satis- factory. He was taken ill on the House floor, but was able to walk to the lobby before he collapsed. —— College to Honor Davis. CHESTER, Pa., May 22 (#).—The honorary degree of doctor of laws will be conferred upon Secretary of War Dwight L. Davis by the Penmsylvania Military College at the annual com- mencement June 16. { By the Associated Press. A declaration in favor of a referen- dum in Connecticut on the subject of modification of the eighteenth amend- ment and the Volstead act was made yesterday by Senator Bingham, Re- publican, of that State. Others who | have declared for such referendums include Senators Reed, Republican, Pennsylvania, and Bruce, Democrat, Maryland. 3 “I would be particularly zlad if we could have a referendum so the D:ho on the n!eseu‘mm_k_wm Bingham Proposes Rum Referendum In Connecticut to Clarify Question direct issue,” Senator Bingham said. “It would be a fine thing if the repre- sentatives of the people knew how a majority of their constituents felt about this question. “A referendum would permit ex- pression without reference to any one's candidacy or any other issue. That would guide the Legislature in dealing with the prohibition question. “I do not believe in the initiative and referendum on ordinary matters of legislation, but I do believe in a referendum on matters involving the Constitution.” Upholds Auditor’s Report. “1 submit,” he continued, “that se« tion 634 does not apply, for the fuct that Fenning was not an agent but one of the company's solicitors. Hig ward was not doing business and could not have had a license. Sec- tion 654 applies to those doing busi- ness, and could not apply to Fenning. “In closing, I want to state there is no question in my mind but that | Fenning should have first disclosed | the fact that he was receiving these | commissions and should have dis- | closed it when he filed his accounts. 1 feel that the auditor’s report should be accepted by this court.” Mr. Millan told the court he was glad to be present before that tribunal, “where we will be measured by no other tape than law and evi | dence, where we will shut out the {roar of congressional committees, where we will shut out the rattle of newspaper comment, the snarl of scandal and the whine of character assassins. I am glad to be in a court where the character of a man, built on 40 years of service, shall not light- ly be blown away.”" Denies Any Secrecy. Mr. Hogan's argument took point ed thrusts at Auditor Davis' report, ! which he characterized as “a docu | ment that overlooked the law but | took due note of the hysteria pru ! duced by recent events.” ~Mr. Hogun | also declared that Mr. Davis, in citing legal precedents to bear out his con tentions in the bond premium and commission angles ofthe report “has shown the want of power to apply the elementary rules of court.” The report, Mr. Hogan, added, also “shows an appreciation of the time to cringe and to fall in line with the trumpets of the time."” . The attorney opened his argument with an attack on Maj. Arnold's ref erence that Mr. Fenning's practice of recelving 25 per cent commissions from the bonding company had been surrounded with secrecy. He pro duced the record book of the clerk of the court and read from page 42 ““Februa: 1920, power of attorney to Frederick A. Fenning and Helen A. Losano to execute Londs.” Mr. Hogan explained that Miss Losano is Mr. Fenning's secretary. He further declared that the office of the register of wills bears documentary evidence as far back as 1913 that Mr. Fenning represented bonding companies. Defends Fenning Fees. Maj. Arnold's argument about the difference between the words “agent" and liciting attorney” was char acterized by Mr. Hogan as ‘“con fusion” which is cleared away by law, Both words mean the same, but the two are emploved to denote the scope of such work, he explained. An agent is a man holding a license in more than one company and a solicitor op- erates solely tor one concern, he said. The man who represents a number of companies is forced to pay a larger fee. Mr. Hogan argued that if Mr. Fen- ning went to another bonding com- pany to take out a surety bond he would be forced to pay the same rates as provided by law and the estate would not have benefited or suffered by such action. He maintained that Maj. Arnold was “wrong” in stating that the estate could receive the com- mission Mr. Fenning obtained. adding “if he is in the District of Columbia. takes a commission and has no license the code is violated.” It was no duty of Mr. Fenning to go to anotker bonding company when the estate would not be benefited by it, Mr. Hogan declared. The “keystone™” of the whole case at bar, Mr. Hogan continued, was the Magruder vs. Drury decision of the United States Supreme Court, which, if “correctly read,” upheld his client. Justice Siddons interrupted and asked: “Unless it was the duty of the trustee to account for the 25 per cent commissions, there is nothing left of it?” “Absolutely, th nothiny: left of ) b | | 7, {(Continued on ¥ »