Evening Star Newspaper, November 8, 1926, Page 1

WEATHER. (0. & Weather Bureau Cloudy Wwith showers late today or tomorrow; mild temperature. Témperature—Highest, 63, at tp.m. yesterday; lowest, 5: y. Full report on page 9. *Closing N.Y. Stocks and Bonds, Page 10 No. 30,141 post office, PIG WOMAN IN LANE ON MURDER NIGHT, WITNESS SWEARS Robert Ehrling, Millwright, Says Mrs. Gibson Passed Him on Mule. TRIES VAINLY TO SHIELD NAME OF GIRL WITH HIM Hall-Mills Prosecution Brings Out Two Autos Were Near—Mus- tached Man in One. By the Associated Press COURTHOUSE. SOMERVILLE, N J.. November 8. —Robert Ehrling, who sald he saw Mrs. Jane Gibson, two automobiles and a “man with a mus- tache” in the De Russey's Lane the night of the Hall-Mills slaving, al though the second witness of the trial of Mrs. Hall and her brothers today, held the star position throughout the morning session. Ehrling was in the far.famed lane for more than two hours on the night of the slaving. he said, and Mrs. Gib- ®on passed his automobile riding her “jenny” mule. Two automobiles pass- ed some 30 minutes hefore he left, ®going “down the lane.” The question of the makes of these cars drew from Ehrling a suggestion that one was a Ford =edan, with its solitary occupant, “a man with a mustache.” Mustache Was Short. Pressed for details as to the charac- ter of the mustache, Ehrling said it was “short.”” Two of the defendants Are full mustached. It was incident- ally stated during the examination that Mrs. Hall owned a Dodge sedan. The defense attempted to get into the record an alleged conversation be- tween Ehrling and Willard Staub, in which Ehrling was asked if he told Staud that “he could make some money by saying that he was in the lane the night of the murder.” This was held not competent. The defense also brought out certain discrepancies between Ehrling's story of today and his recital last August. Ehrling, who was graduated from the driver's seat on a truck to a ma- chine shop in New Brunswick, where he is now a millwright, was embar- Tassed in the early stages of the tes- timony by a successful insistence that he give the name of his companion in De Russsy’'s lane, whom he referred to as “a girl.” He had to give her name of “Jenny Lenfort,” but was sustained in a refusal to disclose her married name. Fingerprint Expert testifles. Crossexamination of =~ Frederick Drewen, fingerprint expert, developed that the card now offered in evidence as showing Willle Stevens’ finger. prints. was taken by him te the office " .4t | of a New York newspaper, wher was_photographed. ¢ Efforts to introduce burial statistics of the slain rector and choir singer were abandoned temporafily Walter R. Scott. assistant register of vital statistics, was on the stand. Allen H. Bennett, & neighbor, living at the rear of Mrs. Hall's home, was called to tell whether anything un usual happesed in that neighborhood on the night of the slaying. “Did anything attract your atten- tion in the early morning of Septem- ber 157" asked Mr. Simpson. “I was awakened by my wife about the dog's barking.” answered the witness “In what way did he bark? “In a very excited way.’ “Did you get up?’ “Yes, T got up. “What time About | The witn arteq to give a de- | tafled conversation between himself and his wife. and when the defense counsel objected, Bennett xaid Heard No Unusual Noise. The witness said he did not remem- ber what time he went to bed on the night of September 14, the night of the slaying. but thought it was per- haps between 10 and 11 o'clock “Do you remember noises from the Hall night. as though a car were speeding and hit the garage?” asked Simpson. Defense objected to the form of the question and Simpson then reframed t: “Did you hear any car leaving the garage? “No.” answered the witness When vou got up did yvou see any light in the Hall house?" “Just the usual light.” Bennett denied ever that he had .eard an crash into the xa was belng driven fast Brunswick man had been quoted as saving Bennett made such a state ment to him Defense counsel tion Bennett. Ehrling lost his first bout with de. fense counsel when he was required to give the name of the young woman who shared his automobile with him. but_he could not_spell it “Public pol ey came to the rescue of the harassed witness when the de fense insisted further that the “girl” be more definitely identified by the giving of her married name. The court ruled that the name she bore at the time she visited the over- populated De Russey's Lane was sufficient. Witness Plainly Worried. i i garage that having said automobile it declined to ques Entered as second class matter ‘Washington, while ! 18:30 o'clock this morning. Officials of | the railroad say ! jured. hearing any | WASHINGTON, Forecast.) 2:30 2, at 7 am. D." C. Firing Squad Faces Any Who Attempt To Kill Mussolini By the Associated Press. ROME, Novémber attemp:s to assassinate Premier Mussolini will be punishable by execution by a military firing squad, according to decrees which become effective on Thursday of this week, it is learned semi- officially. Not more than three military tribunals with jurisdiction over political offenses will be created. Gen. Graziani, commander of the Fascist militia in the Verona zone, will preside over the tribunal which will try the three persons now held for attempts against the pre- mier - former Deputy Zaniboni, Violet Gibson and Gino Lu- DEATHSPUTAT 30 INLUZONTYPHOON DAMACEMILLIONS {Full Extent of Destruction and Toll in Philippine Dis- aster Not Yet Known. 8.—Further {MANILA RUSHES RELIEF { TO STRICKEN PROVINCES A considerable number of pro- vincial prefects and palice chiefs will be replaced by faithful Fas- clsts upon the approval of the new Lot e police regulations, which come up r % in the Chamber of Deputies on its |Havoc Created on Railway Lines reopening tomorrow. 3 5 Hampers Work of Getting Into Storm Belt With Aid. 11 CONVICTS SHoOT * WAY T0 FREEDOM Rush Gate of Ohio Peniten-. tiary, Injure Three and Flee ! Over Tracks. By the Asociated Press MANILA, November %.—The esti- mated number of dead in southern Luzon as the result of Saturday's typhoon. tidal wave and floods reached 300 today. Incomplete reports property damage will run into mil- lions of dollars. Telegraph wires ‘still are down and the full extent of de- struction and death are not yet known. Latest reports show that the disas- ter was felt in the provinces of Ba-| tangas, Cavite, Laguna and Tayabas. | Batangas was hardest hit, with ap- proximtely 200 dead. T}l;le weath;r bureau s the By ithe ik Sacciaten Bres typhoon was the most puzzling atmos- ey 3 pheric disturbance to hit the Philip- o e A s | Pines since its establishment here. The leven o Penitentiary convicts i changing directions taken by the shot their way to freedom through the | storm are said to be inexplicable, ac- | main gate of the institution today, in- | cording to the laws of cyclones. i juring two guards and Warden P. E. | Thomas' secretary. | Thirteen prisoners rushed through | the gate as visitors were being let out | |early this afternoon. indicate the Supplies Sent South. b Additional supplies were sent south- | ward from her> today by the Red| Cross, which is caring for several | Warden P. B Thomas scooped a re. | hundred homeless persons in Batangas volver out of his desk and shot on "’"‘r;“"- i The 1r0'6ular belxdflsla;‘ure ap- ! prisoner, so far not identified, as the | Propriate WSS T, WL e ek latter fled past his window. The other | ! { was captured near the gate when he i, ST O AC T O | faered In e Rt cross the street . All avallable Rod Cross forces, sup- | e re e i plemented by local civic and army aid, | and over the railroad tracks. Cordons Plementedt by locsl civic and avmy of city police and penitentiary guards| "“iinough broken communication have surrounded the vicinity. | : - Y. calllines and disrupted rallroad service | The injured guards are Elmer Cal-{pape 4t impossible to learn the full | Lol el R i extent of the disaster, enough has O U e am Payme il | been learned to indicate it was one of | warden’s secretary, has a slight bullet | ypc " JSRINGT (0 Indieate 0 wound. ! The typhoon. coming from the dis| ! rection of the Island of Samar. cut a | - o sseiin i | narrow swath of destruction along ts | {course and mushroomed out in the | | southern provinces of Luzon Island. | | Tidal Wave Adds to Disaster. *| Here flooding rivers and a tidal | | wave added to the disaster. Reports f damage to property come from as; i far north as Los Banos. on Lagna de ! Brakeman, Who Thought Switch Wrong, Guides Fast Mail Into Siding. rers. Rallroad lines in the Southern prov: | Bay, which is less than 50 miles south | ;of Manila. Manila itself, was outside | the storm area, but wire communies- tions were severed, which prevented ; news of the disaster from becoming known here until yesterday. Army airplanes were unable to make a landing in the stricken area , in Batangas, but flew over the district | and received messages from the gov- jernor of the province telling of the | damage done. | “Because of the havoc worked on | N " i the railway lines it is expected that HAGERSTOWN. Md. November 3. |getting _into the _storm belt with —Fourteen persons were injured, | e [ three serlously. when a fast mail of |Neaed rellef supplies Bl be Ao ! the Western Maryland Railroad | o Bogoane Pioyiace Ias & population | of crashed into a side-tracked freight ln! Spanish-speaking. So far as has heeni‘ reported there were no foreigners the west end of Thurmont. Md., at among the casualties. S0 FORS 0., SHIS Special Dispatch to The Star the accident was caused by confusion of L.C. Vaughan, | freight brakeman. ‘who threw the | switch, believing it was open. The injured: muel O. Strite, Baltimore, mail clerk, face and hands cut and injury to stomach. Serious. (Taken to Bal timore on special train.) George W. Roth, Baltimore, mail ! clerk, cut on head and face and in ternally injured. Serious. | John W. Thompson, Baltimore, United States Marine guard, back in- | | I | Three Bids Submitted for, Purchase of American Merchant Line. Julian Wagner, i shoulder and body hruised. J. N Qb . Baltimore, side of | | Baltimore, t, B. Nolan, Baltimore, body and kne: bruised. George Korman, about face and head. | Charles Snyder, Baltimore, |and both legs injured. | N. Joseph, Frederick, head and lej injured. | L. E. Butts, Wesminster, cut over | right eve. J. E. Wash, Westminster, right side injured. i G. s Baltimore, cut | \ shock | Br the Associated Press | | Three bids. the lowest $1.000,000. | & | were submitted to the Shipping Board | today for purchase of the five ships | of the movernment's American Mer- | chant Line. i Two of the bidders offered also to| charter the five ships of the United | pruised Giates lines. They were the J. H.| pas. | Winchester Co.. New York City, and her, | William F. Kenny and assoclates, New | York City. The third offer was submitted by | Kermit Roosevelt. and proposed to | purchase the Merchant Line steamers At %252.000 per ship and to operate | _the United States Lines on allocation by the Government. Both the Winchester and Kenny of- fers fixed $200.000 as the price of each | of the five vessels of the American Merchant Line. | The offers all were taken under 'advisement by the board. which had! fixed noon today as the time limit | for receiving bids. | In proposing to charter the United tates Lines, which operates the Le-| viathan and other liners, the Win- | chester company submitted a charter; plan under which the Government | ,would pay the charterer $5.000 a | month and would receive 50 per cent | {of the net revenue from operation of ithe fleet. Another corporation would | \be formed with not less than $5,000,-| | . Hager, Baltimore, | nose, right knee cut and leg injured. | S. D. Harbaugh. Hagerstown," | senger engineer, and §. D. Gallag {passenger fireman, shaken up and | | bruised. | | Enginemen Stick to Cab. | Harbaugh and Galligher, in the cah | of the passenger train, saw that the | collision” was inevitable but stuck to | their posts, valiantly applying every | force to check the speed of their train and minimize the destruction. For | their loyalty they received the praise | of railroad officials. None of the passenger coaches | was overturned. The freight engine was a 900-type Mallet. and its huge. ness prevented greater damage to the cars behind it. Several freight cars were demolished, however, when the massive engine was rammed by the | passenger and thrust back several lengths. reduced to wreckage. The |cars immediately behind the passen- | ger engine were considerably dam- | aged. their occupants, however, being | injured chiefly by the dislodgement of mail and other equipment. 000 capital. In motor cars and by special re. | i ” n& D. C, [ to be in | the Interior, | removed from the scene to hospltals Ehriing. plainly worried when he | here and at Frederick and Baltimore. took the stand. was apparently near| The passenger coaches were drawn panic when Robert H. McCarter of de-| he:> by a yard engine and a wrecking Foke vounsel. continued to press for | Crew was dispatched to clear the rails. the name of his_companion | The prospect, within an hour after It was a girl,” and later. “she was ' the accident, was that little delay woman. he said. and when Pros.|would result, with the tracks being ecutor Simpson attempted to lend a|open to other trains before noon hand by suggesting to the court that! Railroad officials investigating the P e MiEht be a valid reason for with- | accident questioned members of both holding the name. Ehrling eagerly (passenger and freight crews. The e emeriame ™ | brakeman, whose mistake is blamed TR L e N A Tustice Parker, | o the accident, lives in Hagerstown. “Yes, give the name. the court sa you must,” added Mr. Simpson. i "Jennie Lenfort,” was the mumbled | reply. | Mr. McCarter, pressing for the name | of the husband. was stopped by the ! fourt's declaration that it was' against public policy” to pursue the | matter to such an extent i Enrling had testified that with his | (Continued on Page 3, Column 2) | Quakes Rock California Towns. SANTA ANA. Calif.. November § (#).—Three slight earth shocks were felt here and in other Orange cities vesterday. The first of the tremors started at 11:35 a.m. The others fol lowed a second apart. They were of sufficient force to rattle winlows, but @d no damage. & lief train the injured were quickly | > = i . COURT FULL; JUDGES ILL. 1135 Locked Up! With x-cdon-m[ and Schuldt Absent. | i i Police Court congestion = became | ! acute again today. when. with 135 de. | fendants locked up on various charges, two fudges were abeent on account of ! fliness. | Judge George H. Macdonald's ill | ness has been for nearly three weeks. | | the latter part of which he has been | | confined to the Homeopathic Hospital. | | Judge Gus A. Schuldt became ill with acute indigestion Wednesday night and has not been to court since. At present Judge John P. McMahon and Judge Isaac R. Hitt are presiding over ‘the District, trafic and jury cases, with Judge Robert E. Mai- | tingly, from Municipal Court, substi- tuting in the United States cases. Radio Programs—Page 30. P T WITH SUNDAY MORNING EDITION MONDAY, NOVEMBER 8§, ning S 1926—THIRTY-SIX PAGES. o . FALL HERE; FACES COURT WEDNESDAY Ex-Secretary of Interior Im- proved in Health Since Last Appearance. Albert B. Fall, former Secretary of the Interior, arrived here at 10 o'clock this morning from Chicago to face arraignment in the District Supreme Court Wednesday in connection with charges of conspiracy he and Edward L. Doheny face over the lease of oil lands. Mr. Fall was met at the station by Levi Cooke, his Washington counsel. and taken to the Wardman Park Ho- tel, where he will remain throughout the hearing of the trial, which starts November 22. Mr. Doheny is due to arrive here tomorrow morning With his counsel. Looking vastly improved since his Jast appearance here. Mr. Fall is said good health. although he weighs only about 145 pounds. consid- erably below his normal weight. He left hi= home at Three Rivers, N. Mex., Thursday and was accompanied here from Chicago by Mark Thomp- | son, one of his legal ailles, and an- other former clerk and lifelong asso. | ciate. Expects to Be Acquitted. Secretary Fall, when seen at Ward. | man Park Hotel at noon, admitted in answer to a que: to his expectations regarding the forthcoming trial that he believes the jury would find himseif and Mr. Doheny not guilty of*the charges pre- | ferred against them “That was an okvious question, of course, and an obvious reply. the former Secretary of the Interior con tinued, “but when a man's conscience | She would be left at a hospital or con- s clear he naturally expects other people to agree with him. This whole case will be In the hands of a jury and I can only predict its outcome on | the basis of my own conscience. “Thig case is without parallel in the legal history of the world. Mr. Do- heny and T are not being tried at the instance of the Department of Justice, | but under a special act whereby Con- gress orders special prosecutors to | charge us with bribery and conspir- acy and take us before the United | States side of the Supreme Court of the District of Columbia those charges. on Looks to Court. “1 was of the opinion that the Constitution was framed to prevent just such an occurrence as this, but it seems that it has come to pass and now we shall have to look to the courts for the results.” Mr. Fall recalled that it was at the Wardman Park Hotel that he made his home when he was Secretary of and it was from this same hotel that he made his dramatic departure after the storm that burst over the Teapot Dome hearings. Mr. Fall remarked that he had had little time to travel around Washing- ton. as he had left his train but an reporter. He did notice, however. that the ex- igencies of traffic had resulted in some topographical changes in the city since he last saw it “I see that you have sacrificed some trees and have got me beautiful wide streets in veturn.” he said. "I suppose the trees, too, will come back in time.” As to the future. Mr. Fall said he | political group not in svmpathy with could he guided only by the past. He declared that he could not predict whether the forthcoming trial would end the criminal proceedings against Mr. Doheny and himself. He reiter- ated that no one could foretell wheth- er Congress would take action again. Mr. Fall added that he expected to remain in or near Washington been concluded. WOMAN SAVED IN MID-AIR BENEATH SPEEDING PLANE By the Aseociated Press. SANTA MONICA. Calif., Novem- | ,pqer guard until it pulled out.at 3| ber &.—Leaping from a speeding air- plane at an altitude of 800 feet, ves- terday. Miss “Bobby beneath the ship when one of the ropes of her parachute caught the | plane's undergear. She was rescued by a second airplane. After she dangled in the air for |that she would stay at least until two minutes, an occupant of the sec- ond plane cut the cord which held Miss Chase, the ‘chute opened and she landed safely two miles away. Hundreds of spectators were thrilled at the feat, which occurred in connection with the exhibition of the Byrd polar plane. ) | i | | hour or so before he saw The Slar‘ | | | | from now until after the trial had | .10y to Miss Fuller, joined the train Chase, woman | parachute jumper, became suspended | to do with his leaving the train of smilingly | ion as | ALASKAN ROAD LOSING. U. S.-Operated Line Declared Mil- lion Behind This Year. ANCHORAGE, Alaska, November 8 (P).—Figures obtained indicate that the Alaska Railroad, which the Gov-| ernment built and operates, has run more than a million dollars behind ! this vear, despite increased earnings. The earnings so far this year were $1.068.000 and the operating expenses $2.2 00. To help care for the deficit of $1,169,000, the road has $300.000 appropriated to build bridges. Con- gressional appropriations have met | | previous deficits. | The earnings this year have ceeded by $206.000 the total for 1925. WOMAN COLLAPSES | ONMARIE'S TRAIN Press Representative of Dancer Has Nervous Break- down After Quizzing. By the Associated Press QUEEN MARIE'S TRAI to Billings, Mont.. November 8.—Miss May Birkhead of New York and Paris, representative of Miss Loie Ful- former dancer, and whose removal | trom Queen Marie's special train is being considered. suffered a nervous collapse today. She was confined to her compartment and was attended by the Queen’s nurse. Col. John H. Carroll. in charge of the train, who has questioned Miss Birkhead's activities aboard the spe- cial, said it was undecided whether . en route tinue on the train. Although Col. Carroll had said previously that Miss Birkhead would be dropped during the day, he was not certain what course would be pursued. Miss Fuller, close friend of Queen Marie and associated with Samuel Hill in his Maryhill Museum venture, also was placed in the nurse's care. She has been in poor health and was said to have heen deeply affected by the departure of Mr. Hill in Seattle Saturday night. Hill Sought Harmony. Mr. Hill, as host to her majesty on the Far Western swing of the tour, had a controversy with Maj. Stanley Washburn, epecial aide to the Queen, and he agreed to quit the train in the interest of harmony. Conflicting reports spread about the train today concerning the possibility that J. B. Ayres, representative of the | Henry Ford company, would be taken | back on the train when it reaches ‘Denver. He was expelled from the party when Col. Carroll took excep tion to a newspaper article quoting Ayres saying Ford money was paying <ome expenses of the tour. Col. Car. roll said circumstances would govern his decislon regarding taking Avres | back. but he was still undecided this | morning. Miss Birkhead Quizzed. Miss Birkhead was questioned by Col. Carroll concerning her statement to others aboard the train that the Queen’s lady-in-waiting. Mme. La Ho. varie, is identified with a Bucharest the present government. Miss Birkhead also was questioned concerning her movements aboard the train in Seattle Saturday night after Hill, bullder of the Mary Hill Museum, which was dedicated by Marie last week, had left the train. Miss Birkhead. who. with Mies Fuller and Miss Gabrielle Bloch, sec as members of Hill's group, told Col. Carroll that she had repeated about Mme. La Hovarie only what she had heard in Paris and on the Queen's ship coming over from France. She was confronted also with re- ports by the train police that she ha! telephoned to Hill after he had lef' the train. The coaches were placel o'clock Sunday morning. Miss Birk- head explained that she had telephon. ed Hill on matters that had nothing the royal party. Although Miss Fuller has not said how long she will remain with the | party, it was expected on the train | Chicago is reached on November 13. | Mr. Hill, at Seattle last night, denied that dissension aboard the train pre- ceded his departure from it. He said “everything was lovely,” and that the atmosphere was most amicable when Queen Marfe dined at his home Saturday. PROTESTS DESKEND OVER TUTIONFEES School Board Gets Brunt of Storm Over Donovan’s Non-Resident Decision. | i | | Decision of District Auditor Dono- | van that resident children of non-| resident parents must pay nonm-resi-| dent tuition fees in the local public | schools has embroiled the Board uf; Education in a turmoil of protest from those affected, it was learned to- | day. | Harry O. Hine, secretary of the: board, today already had received appeals from the ruling, and more are | arriving with each mail, he says. The | protests will be carried to the courts, | if mecessary, some of the letters as-| sert. Maj. Donovan's opinion, which is in direct conflict with a decision of the attorney for the Board of Education in September, 1906, upsets school pro- | cedure of the past two decades, and presents a number of complications for the authorities to iron out. The problem will he thrashed out probably | at the next meeting of the Board of Education. Law Offers Paraddx. One of the novel paradoxes which would be involved by adherence to the auditor’s ruling is that children | affected would have to be suspended by the Board of Education, only to be forcibly returned to school by oper- ation of the compulsory education law. Another development' foreseen by officials is the double-taxing of Wash- ington residents without children of their own, who wish to educate in the local schools a youthful relative or friend with non-resident parents. Such citizens must pay the regular local taxes to help support the schools, and an extra tuition fee in addition. The fees thus collected go | into the United States Treasury. A special protest against the new decision has been registered by Assist. Supt. G. C. Wilkinson, on behalf of Miner Normal School pupils, some of whom 'have reached their majority and have lived in Washington con.| tinuously., although their parents re- side in various Southern States. None to Be Suspended Yet. Assurance was given at the Frank lin School today that no pupHs will be suspended under the decision, pending action by the Board of Edu- cation. The board will meet Novem- ber 17 at the Franklin School. The auditor's ruling was made in | the case of Anna Mahoney. pupil of the Jones School, to whom school authorities desired that a refund of | tuition fees be made. The child's | mother resides at Accoceek, Md., but the child has been living with her aunt. Mrs. Laura Brown at 66 P | street. The girl spent the Summer | vacation at her Maryland home, re- turning here in the Fall to live again | with her aunt. Maj. Donovan ruled against the | refund “In this case and in similar | cases."” | | | | | | | ANGERED BY RADIO TALKS, CRIMINALS FIRE BUILDING Explosion Precedes Blaze in New | Jersey Studio Where “Crime Editorials” Were Broadcast. By the Associated Press. EAST ORANGE, N. J. November 8.—Criminals. incensed by a series | of “crime editorials,’ which were | being broadcast from the radio sta- tion “of the Chamber of Commerce of the Oranges and Maplewood, were | believed by police to have been re- | sponsible for an explosion, followed | by fire. which vesterday caused dam- age estimated at $20,000. The second | .floor of the building, on which the | studio was situated, was ruined. Thomas J. Burley, jr., secretary ind manager of the Chamber of Commerce, who has been giving the talks, . said he had received three ! anonymous threats over the tele- | phone in as many weeks. | Held for Grand J ury Action. Charles H. Hawkins, colored, 27! yegrs old, 1718 Thirteenth street, who is alleged to have shot and killed his ife, Catherine Hawkins, colered. 23 | vears, during an altercation in their home abeut 9:30 o'clock Saturday night, faced a coroper's jury at an inquest held over his wife's body at | the morgue at noon today. Witnesses were heard and the jury reported verdict holding the husband for the .action of the grand jury. a2 -} fur. jand parcel of the election of a Sena- | seats in accordance with senatorial | contested in the Senate this vear, and | the Senate. by a small majority vote, | as general elections to purge them of ! eorruption. ! Senator Borah asks. | entertained that the Supreme Court | of the United States in the Newberry | case established the law to the con- i opinion as to such power under the service. (#) Means Associated Pre: Italian Cabinet Bans “Ridiculous” Names for Babies Br the Associated Press. ROME, November 8.—"Tom, Dick and Harry” won a great victory this afternoon, when the cabinet adopted a decree forbidding the be. stowal of “ridiculous, shameful or subversive names” on babies. The decree orders registration authorities not to register names “‘offending Italian institutions, pub lic order o healthy customs.” The authorities also were directed not to permit “nobodies” to tag their progeny with the surnames or Christian names of famous or f{l- lustrious persons. SENATE MAIORITY MAY UNSEAT VARE Borah Contends for Primary Scrutiny—Expulsion Takes Two Thirds Vote. BY G. GOULD LINCOLN. In the expectation of contests over the seating of Senators.elect Vare and Smith, Bennsylvania and Illinois, re- spectively, Senator Borah of Idaho has issued a statement clearly indicat- ing that primary elections for nomina- tions for Congress 'are properly part, of the elections of Senators and Rep- resentatives. A decision by the Senate that the} Borah contention is correct regarding | the primaries would have an impor- tant bearing on the Vare and Smith contests. It would lead also, in all probability, to an attempt to enact Federal legislation controlling expendi- tures in the primaries. Once the Senate has decided that a primary election is in reality part | tor the contests over the seating of Vare and Smith become election con- tests, such as have always been de- cided by majority vote of the Senate. Senator Borah today clearly indicated | that would be the situation. Expulsion Needs Two-Thirds. It has been contended by Vare and Smith supporters that it would re- quire a two-thirds vote to oust either one or both of the Senators-elect, after they had been permitted to take their custom on the presentation of their | credentials properly signed and in order. They have argued that under the Constitution it requires a two- thirds vote to expel a Senator. But that provision of the Constitution has been held to apply only in cases where members have been perma- nently seated, and not in cases where the election itself of members of Con- gress has been contested. For example, the election of Col. Smith W. Brookhart of lowa was | ousted him after hearing this ocon- test, although he had been sworn in, | seated and had participated in legis- lation. Another case of expulsion from the Senate by majority vote after a Senator had heen seated was ! that of former Senator Lorimer of Illinois. Lorimer had occupied his seat Lir two years when the vote to oust him was taken. The vote stood 55 to 28 for his removal, a majorit vote and less than a two-thirds vote of the Senate. It was charged that votes in the State Legislature had been bought for the purpose of se. curing the election of Lorimer. In those days Senators were chosen by State Legislatures and not by popular vote. Control Over Primaries. Senator Borah holds that the seven. | teenth amendment to the Constitu- | tion. providing for the direct election of Senators. empowers Congress to control congressional primaries as well Senator Borah did not ! refer directly in his statement to the Smith and Vare cases, but declared that “developments during ths last few months bring up for considera- tion the power of Congress over pri- maries in which Representatives and Senators are nominated.” Broadly speaking. the Borah argu- ment goes to the entire question of control of senatorial primaries by Congress. Eventually. if his conten- tion is upheld in the Vare and Smith cases. legislation will be undertaken by give Congress such power. “Ts the relationship hetween the nomination and the election such that in the control of elections yvou must necessarily include the nomination?" and continues: “It seems to me that the question must bhe answered in the affirmative. “The supposition has been general trary. The Supreme Court did not decide the question as it will be pre- sented under the Seventeenth Amend- | ment. In the Newherry case the en tire court concurred in the decision that the judgment of the lower court should be reversed. But the opinfon was not unanimous relative to the power of Congress over the primaries “Upon that proposition four of the judges held there was a want of con- stitutional power, four that Congress had constitutional power to deal with primaries, and one justice reserved his Seventeenth Amendment. the staute| in question having been passed prior | to the adoption of the Seventeenth | Amendment. i Borah Reviews Authorities. “In this connection it is important to bear in mind that, while Justice | McReynolds wrote the opinion of the | court holding that Congress had no | constitutional power to pass the act in question, nevertheless this opinion | was restricted to the constitutionality of the act passed prior to the seven- teenth amendment. This language is used by Justice McReynolds: i “““A concession that the eventeenth | amendment might be applicable in this controversy if assisted by ap propriate legislation would be unim- portant, since there is none. Section II of the act of June 4, 1914, had expired by express limitatlon many | months before Newberry became a | candidate.’ " i Senator Borah reviews the pro- visions of the Constitution and de- sions of the Supreme Court to up- held his contention that Congress has jurisdiction over primary elections concurrently, with the States. ! | the hearings and that The only evening paper in Washington with the Associated Press news Saturday’s Circulation, 98,248 Sunday’s Cireulation, 109,716 TWO CENTS. AR CENSURES EAGIEER FFCALS FORSCHOOL WORY Criticizes Acceptance Western High Addition Before Completion. of TRIPS MADE BY OFFICERS ALSO COME UNDER FIRE Report Presented at Opening Ses- sion of House Probe of District Government. Sharp criticism of engineer officers and officials of the building depart- ment in the District Government in connection with additions to Western High School and securing of a new site for a building to replace the Force and Adams Schools as contained in a report from Controller General Mc- Carl, {eatured the opening session of hearings today before the Bibson sub- committee of the House District Com- mittee regariing Municipal Adminis- tration. The McCarl report Engineer Office for censured the accepting the | Western High School Building before it was completed and emphasized that the general contractor had sub-let portions of the work, on a 15 per cent commission which netted, $5,518.77. The report declared that consider- able portions of work covered in the contract were done by the repair de- partment, and criticized trips by the municipal architect, the superintend- ent of schools, the vice president of the Board of Education and the as- sistant municipal architect, expenses | for which were not authorized to be charged against the appropriation for their departments. Complaint Brings Probe. The investigation as regards the Western High School originated from a complaint by S. Duncan Bradley, chairman of the appropriations com- mittee of the Home and School Asso- ciation of the Western High School. The appropriations made for Western High School provided: An addition to Western High School, $582,501 furniture and equipment for Western High School and addition, $111,263, and appropriation for remodeling the old Western High School, $47,500. The section of the McCarl investiga- tion with regard to the location of a building to replace the Force and Adams Schols was made in conse- quence of a letter from Snowden Ash- ford of the Dupont Citizens’ Associa- tion. The report showed that the site | purchased was a mile away from one of these schools and half 4 mile away from the other. Mr. Ashford made the point that the site selected for the new school building is not in the “vieinity” of the old school,as direct- |ed, and that the site purchased is not the sité mentioned in the hearings { held before the House committee. The Gibson subcommittee today re- ceived recommendations in writing from more than a score of organiza- tions and from 10 individuals regard- ing improvements desired in the local government of the District of Co- lumbia. These recommendations covered a wide range, starting with national representation in the election of President and membership in both houses of Congress for Washington residents. Chairman Gibson empha- sized that some of the matters recom- mended require an amendment of the Constitution of the United States, which is not in the power of Congress, but must be submitted to the people. Report to Go in Record. Mr. Gibson stated that the McCarl report will be put into the recoyd of the District committee will be afforded an oppor- tunity tp answer it. Other recommendations by various organizations inoluded one for a fiscal _polioy, as between the Federal and District governments, based on the careful study of aj}l the equities and obligations involved: a bond is- sue to provide for park purchases and other permanent improvements: broader powers for the District Com- missioners; changes in the zoning law, payment for parks and play- grounds from District funds, not to be included in Federal ownership; re. peal of the Borland act, passage of the Gasque bill providing for popular election of the School Board, appoint ment of a board of tax adjusters dis- tinct from the Board of Assessors, installation of adequate sewers, car- rier mail service in all sections of the eity. Improvements for the care of tu- bercular children: greater powers to the Health Department: adoption of a new Juvenile Court code; adequate full-time school facilities throughout the District; intelligent supervision over suburban development; that the Federal Government should pay the equivalent taxes on furnishings of buildings; restriction of costs on | park and school sites to 25 per cent increased and in above the assessed value; medical care for pre-school school children: improvements | standards affecting child labor; regis- tration of architects; physical devel- opment of the Capital; annual ap- propriation of the full amount au- thorized for park land purchase; a model municipai market, and many others. Many Organizations® Act. Among the public or semi-public organizations submitting recommenda- tions were the Washington Chamber of Commerce, by Charles W. Darr chairman of the special committes Washington Highlands Citizens' As- sociation, by F. M. Cannon, president Women's City Club, Mrs. J. Garfleld Riley, president; Kalorama Citizen Association, George F. Mitchell, pres dent. Richmond Park Citizens’ Asso- ciation, W. Goff Caples., president: | Park View Citizens' Association, Fred 1P Walker, president; Lincoln Park Citigens' Association, G. S. Jameson, president; Anacostia Citizens’ Associa- tion, George C. Havenner, who s president and a member of the Citizens’ Advisory Council; Mount Pleasant Citizens' Assoclation, by John D. Lamater, president, with Charles F. Consaul appearing in per- son to speak for the assoclation; Columbia Helghts Citizens' Associa- tion, Alton B. Carty, president; Dupont Citizens’ Association, Admiral Willlam L. Rogers; American University Park Citizens’ Association, Henry A. Donovan, secretary; the Arts Club, Henry K. Bush-Brown; Voteless Dis- (Continued on Page 7, Column 2.