Evening Star Newspaper, January 3, 1927, Page 2

2 » - BLAIR TAX APPEAL DENIED BY GOURT Decision Supports U. S. Board in Dispute With In- ternal Revenue Chizf. The District Court of Appeals, in an opinion by Justice Van Orsdel, today Ex-Nats Are Named dented the appeal of David H. Blair, commissioner of internal revenue, for a reversal of a decree of the District Supreme Court requiring the commis sioner to obey a subpoena of the United States Board of Tax Appeal The case had been instituted b: Oesterlein Machine Co. of Cinciy Obfo, agalnet the commissione compel him to answer questions tn ing the evidence, data and information on record in his office on Whic.. based his findings that the company was deficlent in payment of income and profit ‘taxes to the extent of | $1,126.37. Mr. Blalr challenged the authority of the Board df Tax Appeals to review his finding on the ground that the finding Involved the exercise of dis cretion, which is not reviewable, and also that it compelled him to disclose records of his office in violation of e tion 8167, Revised Statutes. which fm- | 1oses a fine for such disclosure | | Judicial Inspection Upheld. In overruling the lat appellate court holds ti Jdid not intend to close the door to :diclal inspection of tax records in the custody of the commissioner, as 1he statute provides exceptions when “otherwise provided Ly law.” The commissioner himself. the court points out, through the Secretary of the ‘I'reasury, has establishcd a depart- i mental policy respecting the furnish. ing of records and data in ald of judicial proceedings in the courts, which includes by the most reason- able interpretation the present case. The court reviews at length the suthority of the commissioner and analyzes his jurisdiction and that of the board of tax appeals and reaches the conclusion that the board ie vested with fuil reviewing jurisdiction over the finding of the commissioner in cases where a deficlency arises from a determination under the gpe- cial assessment provisions of the revenue act. The appellate power, says Justice Van Orsdel, includes the authority not only to review but to Investigate de novo the matters in controversy Detween the Government and the tax payer. To this end, he points ou the board may afiirm, set aslde or | modify in such manner and to such extent as it may be advised, the findings of the commisstoner. Abuse of Power Doubted. It would be a travesty to hold, says Justice Van Orsdel, that after Con- gress has vested the board with the broad jurisdiction, it could be denied Ly a subordinate officer of the Gov- ernment the evidence needed to pass | intelligently on the actions of that | inferior officer whose decisions the board is specially vested with power to review. The general secrecy acts in revenue matters are limited by the special legislation giving the board the authority to summon witneeses and to enforce the production of rec- ords and other data, the court de- clgres. The court refers to the picture drawn by the solicitor for the com- missioner of the possibility of unlimit- ed abuse of this power by the board and declares it was not impressed with it. It must be assumed that the board will not ahbuse its power, aseerts the justice, and will call only for such documents as were used by the commissioner in reaching his de- cislon. But the power, he says, is vested wholly in the discretion and judgment of the board, and the com- missioner has no option in the matter. The declsion is expected to seitle = much disputed matter in the Treas- ury Department, which has hampered the functioning of the Board of Tax Appeals. . e CITY TELEPHONE RATE CASE DELAYED AGAIN Order Issued by Public Utilities Commission as Result of Legal Technicality. Another postponement in the tele- hone rate case was ordered Ly the 'ublic Utilities Commission today be- cause of a legal technicality raised by counsel for the Chesapeake and Potomac Telephone Co. The commission had set January 12 #s the date for resuming the public Liearing on the proposal further io re- duce telephone rates in the District, but the commission’s attention was «<alled to the fact that an order of the wourt paving the way for a legal hear- ing had not yet been signed. The order will be prepared immediately by Corporation Counsel Francis H. Ste- vhens, and after it is signed by the court 10 days must elapse under the law before the hearing can be re- sumed. The hearing was first postponed last September, when the conpany con- tended that the commission had no authority to proceed with a rate case wtill pending In the courts. At the request of the commission, the court last month ruled that the hearing could be continued, providing no ques. tion as to the valuation of the tele- phone company’s property was in- sected into it. The commission, how ever, overlooked the techni ty of having the court sign the formal or- der for the hearing before it set a date. Archibal Hattemore, who won fame yecently when his puinting done on a pleoe of calico apron was bought by an art committee in London, is to continue his studics at the ethna) Green Workingmen's Institute of England. Today in Congress Senate. Senator Gerald I'. Nye of North Dakota, who served at the last session on an appointment by the vernor. was sworn in again to- y for the term to which he was elected in November Presentation of the cr of Senator Nye resulted in Reed. Democrat, of raising the technical all credentials should by the committee on and elections hefore a Senator is sworn in. Senator Reed inade it plain he had no objection to the weating of Senator Nye, but merely wanted to restore the original rule requiring reference of credentlals to a committee, This move wa tndication of W oceur when Col. Frank L. th pre- sents himself as Senator-designate from Illinols. After Senator Reed had raised the point, he agreed to a substitute motion permitting Senator Nye to be sworn in with- out referring his case ‘o a com tials nator Missouri, point that ¢ exumined privileges RS DONIE BUSIL . NEMO LETBOLD. LANDIS TO HEAR ACCUSED PLAYERS NEXT WEDNESDAY inued from First Page.) | his dairy farm near Rochester, Minn was before a dozen newspapermen, ~ BANDIT RANSOM | | { selves_revolutionis {the government held up six ! jewels, but did not ot | the motorists. ers spent | | all of whom were invited to assist the | commissioner in developing the inter- rogation. At the outset Landis asked Risberg to make it plain that he was receiv-|aga ing no money for his story except the expenses and “fair compensation” promised by Landis, and Risberg de- clared he was telling his story only | Kelly and Capper Collaborate in l"l‘b’ to help clean up base ball. | “I have no grudge against anybody | in base ball,” he said. Statements of Players. The statements of those in the|terday in the probability of congres-| latest base ball uzheaval who played | sio; on the Sox team are as follows: Charles A. (Swede) Risberg—"Every word 1 told Landis is the truth and| | zan drafting a Tl face any of the fellows I accused. Clarence Rowland—"Any and all reference Risberg makes about me in regard to that 1917 series is a lie. Ray Schalk—"“The pool Risberg talks about wa appreciation to Detroit for Boston three straight and not to get Detroit to lay down to the ‘White Sox.” Harry Leibold—"Everybody and his brother knew about that Sox present to Detroit, when the Tigers beat Bos- ton three games. Risberg lies when he says the money was for the De- troit pitchers to throw games to Chi- cago.” Dave dime toward any pool. to me.” e Oscar (“Happy all Risberg told? 1 though make more startling revelations than Eddie Collins—"The pool was 2 present to the Detroit pitchers for beating Boston. Risberg’s story seerhs ly to me.’ fln.vfm; (*Shano”) Collins—"'Spite on Risberg's part. did not pay any money to any Detroit players for any- thing. 5 Chick Gandil the Chicago team was for the Chicago-Detroit the urranxel.nenl & b’ from the Chicago boy ¥ over to the Detroit club. I didn't re- gard that money as bribe money. It Wwas just a little present to the De- it players.” l"i;:h{‘l:.{lurph It's all news to me. I never contributed a cent to any fund.” Danforth—"1 didn’'t pay a It's all news Felsch—"Is that “very member of in on the deal serles. zot the money and paid it Detroit Players Speak. The Detroit players, present and past, had this to say: Hughey Jennings—"If 1 had known anything about such a fixed serles, I wouldn't have waited 10 years to m}'y)v‘»i,v Veach—"1f anything was " 1 had no knowledge of it.” Tarry Hellmann—"I have no state- ment to make at this time. Howard Ehmke—"1 knew nothing about any plan to throw that serles o Chicago. 1 recall some poor field- ing behind me.” N onte Bush—""Three of our (De- troft) pitchers were pald $100 apiece by Chicago for winning games again Joston. Landls knows about that Pep Young—"If Risverg says I re- cefved any money o throw games, I'm going to bat with that young man.” George Bu about t rns—"1 don’t know any- his Risberg business.” car Vitt— have been trying hard to recall the leged thrown games, but cannot relr_wmm:r any in- cidpnts open to suspicion.” The Boston version of what went on during 1917 was given by Jack Barry, who managed the Red Sox that year. He said that no pitchers of any teams were paid by Boston, to his knowledge, for beating the Chi- cago team during 191 . Commenting on the statement of President Navin of the Tigers that J. J. Lannin, as owner of the Red Sox, was reported to have paid pitchers of other teams who beat Chicago, Barry sald that Lannin was not the { Boston club owner in 1917. Harr Frazee had the club then, Barry sald. Heard Story in 1920. (harles A. Comiskey, president of the White Sox, said he had heard the opposite version of Risberg’s sto the time the “Black Sox" scandal broke In 1920. This matter was known to every- body,” Comiskey said. ‘“This was a common practice in base b great many years, and 1 believe a bad one that is to keep our national clean. mittee. Senator Capper introduced a biil authorizing the Commistdoners to acquire a site for a new fa,mers' market i the Lisupegey b raised to show our | beating | t he would | 1 made | { { | | 1 | | 1 | | | spect THE EXENING STAR, WASHINGTON, D. C., MONDAY, JANUARY 3, 'POLICE MAY ERECT RADIO PLANT TO AID IN CATCHING CRIMINALS AMERICANS PAY $350 Freré; Twro in Mexico After They Beat Down Demand fer $5.000. Br the Ascociated Press MEXICO CITY, January som of $850 cted the the two A s, 3. W E. B. C emple ish mining company at San Fra Del Oro, Chihuahua state, who were Kidnaped by a bandit gang last Tues 3.—Ran- rel £ e v wnors, seizing the two men, took them to a camp in the near- ¢ mountains and informed them the. 10 until they or the! frends produced §5,000. The Ameri- cans dickered with their captors and finally bargained the sum down to $359. he bandits, afte One Goes for Money. paroled by the bandits went to San Francisco Del ined ths money and re- the bandit camp, where- and his partner were re- Dispatches make men- illireatment Ly the srnment troops for the kidnape 5 the American Connor turday Oro, ol turned to upon _he leased. tion of Mexlean = been searching on representatio embassy here. Further bandit ported yesterday on the hig fween Mexico City and Cuerna scene in September of the kidnaping and murder of Jacob Rosenthal, wealthy retived America; s man. no activity wa Six Autos Held Up. Thirty-five armed men caliing them- s and saying they to fight automo- all money and herwise molest A number of foreign- he holidays in Cuernavac: but it was not known early today whether they were in the automo: biles held up. The bandits escaped into the mou tains and are belng pursued federal troops. needed -money with which ook biles. They i new manager, and was certain that he would be completely vindicated. I. M. Howe, who was at that time statistician for the American League and an intimate of many of the play- ers in the Johnson circuit, said last night that he had heard the Boston version of the Sox pool years ago from members from the Sox team and varticularly recalled the grudging con- ribution of Eddle Collins to the ¥ Collins, according to Risberg's & davit to Landis, finally put in his $45 share of the $1,100° pool, but de- Jlared he never would do such a thing in, as he did not believe in it. SEEK FEDERAL CONTROL. paring Bill. Publication of the Risberg allega- tions, adding fuel to the bas ball scandal, quickened interest here yes- nal action. Representative Kelly of Pennsyl- vania, who was manager and second sacker on the Republican nine in txl;e C essional League last year, - o bm,‘ which he said he planned introduce early in the week, through which Congress would set up a Federal base ball commis- sion of 10 members, whose duty would be to see that the game produced no need for a public washing of dirty linen. ; Senator Capper, Republican, of Kansas, who has bheen collaborating with Representative Kelly in the tentative draft of the measure, said the Risberg affidavit charging the sale of games in the Detroit-Chicago series of September, 191 erves only to emphasize the need for some legislation which would bring such matters within the scope of Federal prosecution in the future.” Rail Board Plan Favored. The Kelly-Capper bill would also penalize gambling on & base ball game, a misdemeanor in the case of ¢, and a felony in any case involving players. managers, coaches or others who might be in a position to influence or profit from forced scores. “The demand for legislation comes from the base ball fans and from those financially interested in the game,” Senator Capper said. “Through the Middle West, petitions are being circulated among followers of the game urging that such steps be taken as will restore the fullest confidence of the public in this great game. One of the petitions has al- ready come to my office, and 1 have heen told that members of the House have also re ived them. The one which came to my office carried at the top an undated letter signed in the name of B. B. Johnson, president of the American League, suggesting such « commission as is contemplated in the measure Representative Kelly has_ discussed with me. The commisaion, under the present embryenic plan, would be established o nthe theory of the old Ralilroad Labor Board, on which the players, to | public and management would have equal representation under a chair- man to be elected from the public group. Collins to Testify. PITTSFIELD, Mass., Junuary 3 (P).—John Collins of Pittsfield, former Chicago White Sox outfielder, will leave tonight for Chicago with the announced intentlon of telling Com- missioner Kenesaw M. Landis that the charges of Charles Risberg that Chicago players pald money to De- troit pitchers for “sloughing” a series against the White Sox in September, 1917, are false. In' connection with Collins sald, in part: “I knew nothing of any plan to have the Tigers slough the series and surely 1 pald no money at that time the charges |'or any other time in my base ball career to have somebody toss away a game. “The Chicago players did give some money to Detroit pitchers for winning important games from the Red Sox near the close of the season in 1917." Cobb Is Silent. AUGUSTA, Ga., January 3 ). Tyrus Cobb errived home early last night from Detroit and said that he could make no statement regarding the alleged base ball scandal in which he and Tris Speaker are charged with 1l for a 1 am not condoning any one or £hv act and have but one interest,and | will leave here late tomorrow for me | Chicago. 1 feel positive that Commis- sioner Landls will sift_evervthing to being parties to a “fixed” game. “I would like to make a statement,” said Cobb, “but I am under orders from my attorney to remain silent.” Going to Chicago. PHILADELPHIA, January 3 (®).— Eddie Collins, former White Sox and now Philadelphia Athletics’ secosd baseman, named with others by Chares Risberg with having contrib- ted to a fund for Detroit palyers to ough” a series to Chicago in 1917, He will appear before Com- missioner Landis on Wednesday. George Burns, a member of the ! the bottom and thoroughly cleanse the | Detroit team in 1917, and Kid Glea- ame. | & son, also connected with the White Comiskgy added that he had im-|Sox for some years, also will go to plicit confidence in Ray Schalk, his Chicago tomorrow. 8 A | i The Metropolitan Police Department | contemplating the erection of a| radio broadeasting station in the Dis- | trict Building to facilitate the work of apprehending escaping criminals and other activities of the department, it was revealed today by Maj. Edwin B. perintendent i the plans are yet in | formative stage, Maj. Hesse prop to place receiving sets in every pre. | cinct station and in the 10 poli i mobiles which patrol the outlying sec- | tions. Maj. Hesse has estimated that | the necessary broadeasting and receiv- | ing equipment can be purchased for about $20,000 or $25,000. The success of radio in nolice work | in Detroit and New York has con vinced Maj. Hesse of its des: as an adjunct to the W lice Department. the is the hington Po- | He has written to police authorities in these two uto- | of Receiving Sets in Each Precinct and on Station Autos Proposed—35.000 Tear ! Bombs Arrive for Riot Use. cities for informatior the pparatus in use the A transmitter which will give daylight range of 400 miles is pro posed by Maj. Hesse, because it could be used in an e ¢ for calling police authoritic and con concerning astern section of the country so might be used, h deast general orders to the pre s when it is desired to get them out expeditiously . also announced the ar- t police headquarters of v gas bombs for the use of polic in case of a riot. These bombs will be distributed to the police stations | and carried in patrol wagons alons | with the recent lopted Thompson rapid-firse guns, which are capable of +hooting a continuous stream of buck- shot. SEATING OF NYE STIRS NEW FIGHT Reed of Missouri Indicates by Motion of Course When Smith Arrives. » The case of Col. Frank L. Smith of Tllinois, appointed by Gov. Small to fill the McKinley vacancy, cropped up in the Senate this afternoon, not- withstanding the fact that Col. Smith as not here to present his creden- A motion made by Senator Reed, | Democrat, of Missourd, chairman of { the slush fund committee, to refer the { credentials of Senator Nye of North Dakota to the privilege, and elections committee precipitated the matter. Ordinarily when a Scnator presents | his credentials he is sworn in as a matter of course. There has been no { challenge of the Nye election, which {is for the term ending March 4. | Senator Reed's motion simply serves { as a notice to the Senate of what was {to be expected when Col. Smith pre- | sents his credentiuls, if he does pre- {sent them. Senator Reed made the | point that under the rules of | | the Senate gll credentials should be | |referred to the committee, unless there were unanimous consent or a | ! vote of the Senate to permit the im- { medinte swearing in of a Senator- ‘ elect. H Nye Sworn In. | Senator Roblnson of Arkansas, { Democratic leader of the Senate, of- | fered a substitute resolution providing { for the immediate ewearing in of Sen- |ator Nye. This was acceptable to | Senator Reed, because he had no op- position whatever to Senator Nye. | After a brief debate Senator Nye was allowed to take the oath, following the adoption of the Robinson resolu- tlon. | Senator Reed had accom- lished his { purpose of putting the Senate on | notice that the acceptance of cre- dentlals and the swearing in of Sen- {ators were not to be brought about | pertunctorily. Prior to the discussion on the floor, at a conference of Democratic Sena- tors the Smith case was thoroughly | discussed. Afterward Senator Robin- son of Arkansas expressed the opin- ion that a motion would be made to refer the Smith credentials to the committee on privileges and elections whenever they are presented. It is understood that this motion will have the general support of the Democrats. If it should be adopted it will do away With the necessity of acting upon the Ashurst resolution, which proposes that the Smith credentials be referred to the Reed slush fund committee. Speech Is Attacked. Senator Deneen of Illinois, who conferred with Smith in Chicago last wesk, was in the Senate today. Sena- tor Deneen sald in conversation that he @id not know whether Col. Smith would finally come here or not. He added that he did not think Col. Smith would, come here this week. He left | the impression that Col. Smith had not yet finally determined what course he would pursue. . The Smith case came before the Senate from still another angle im- mediately after it met today. Sena- tor Caraway of Arkansas and Sena- tor Mayfield of Texas, both Demo- crats, assailed a speech made Satur- day in Pittsburgh by Senator Reed of Pennsylvama in which Senator Reed had criticized elections in the South because negroes were not al- lowed to vote. Declaring that to seat Senators- elect Vare of Pennsylvania and Smith vould be tantamount to turning over that great legislative body to the multimillionaires of the country, who are willing to buy the elections,” Sen- ator Norris of Nebraska, in a state- ment today, answered in detail argu- ments which have been advanced by supporters of Vare and Smith. Starting with the premise that Vare and Smith were nominated by the expenditure of excessive sums of money, Senator Norris said: “If Mr. Smith and Mr. Vare must be seated and the precedent thus established is carried to fts logical | end, the country will soon discover that the Senate is not a club of mil- lionaires, but a club of multi-million- | ires, or, what is still worse, a club of the tools and slaves of multi- millionaires. Says Senate Supreme. “It is boldly proclaimed by those who would seat Mr. Smith and Mr. Vare that the Senate is helpless; that it must accept these men and in the future accept similar men who boldly and brazenly acknowledge that their -nominations were secured by the ex- penditure of such inconceivable sums of money. i “Fortunately, wlhen our forefathers framed the Constitution they provided in that great instrument that the Sen- ate should be the sole judge of the qualificatfons and the election of its members. In other words, it made the Senate in such instances the su- preme and final court. From its de- cree there is no appeal, and no court or other body of m can withhold its arm by injunction or other process. “In the Newberry case, where $195,- 000 was spent to secure a nomination, the Senate declared that such expendi- ture was ‘contrary to sound public policy, harmful to the honor and dig- nity of the Senate and dangerous to the perpetuity of a free government.” In the face of this record, can the Senate seat either Smith or Vare? 1t it does, it will stultify itself and make ftself the laughing stock of the country. “It is argued by those who contend that the Senate is helpless and must accept these men’'s certificates, re- gardless of the money spent to obtain them, that the word ‘qualifications’ in the Constitution refers only to the technical validity of the credentials of COURT SUPPORTS PLAYGROUND PLAN Justice Van Orsdel Upholds Program for Western High School Athletic Field. Western High School may have its athletic field in squares 1307 and 1311, adjacent to the building near Thirty fifth and T streets, despite the zoning of the property as residential. The District Court of Appeals, in an opin- fon by Justice Van Orsdel, today re- versed the decision of the District Su- preme Court, which had declined to entertain condemnation - proceedings brought by the District Commission- ers because the land was zoned ex- clusively for residential purposes. The case was remanded, with direc- g(flns to proceed with the condemna- jon. Opposition was voiced by certain owners of property in the vicinity, in- cluding the Shannon & Luchs Con- struction Co. and A. H. Shillington, whose land was sought to be con- demned. Grourd Is Necessary The appellate tribunal adopts the | contention of Corporation Counsel Stephens and his assistants that the proposed athletio field is being ac- quired for use of the high school and as a part of the educational institu- | tion and for educational purposes. which are permitted in residential zones. “An educational institution,” Justice Van Orsdel, “consists not only of the buildings, but of all the grounds necessary for the accomplishment of the full scope of educational instruc- tion. It is not the modern concep- tlon of a pubic school that it be erect- ed on a lot merely large enough in area to contain the school building. In addition to the buildings, there should be playground space, basket ball stops, chinning bars, room for calisthenics, all in the open air. It is also for the general welfare and safety that the school children be furnished a place in which to play re- moved from the dangers of street traffic. Upholds Physical Culture. “The physical development of a child,” continues the justice, “is as essential to his well-being as s his mental development, and physical development cannot be had without sultable places for recreation and ex- ercise. Numerous decisions of the courts hold that physical culture and development are essential parts of our educational system and that grounds used for this purpose in connection with an educational institution become and are a part of the institution itself.” The court reaches the conclusion that the property is being condemned for a public use and that it may be condemned without violating any zon- ing_regulation. “We are of opinion,” concludes the court, “that the mere act of appro- priating the money by Congress for the purpose specified in the act is sufficient to authorize the exercise of the power of eminent domain by the Commissioners to carry out the pur- pose of the act.” STORE SAFE RIPPED OPEN, $1,200 IN CASH TAKEN A safe in the Peoples Durg Store at Tenth and F_street”, was ripped open by burglars, betwe.n closing time last night and opening time this morning, and between $1,200 and $1,250 in cash was stolen. Employes of the firm discovered the robbery this morning. Detectives Sweeney and Waldron conducted an investigation. Entrance was gained through a win- dow opening in the areaway, where a | lock had been snapped from grating. An electric drill and several new tools were left on the premises. Detectives Krederick Sandberg, in charge of the Bureau cf Identification of the Metropolitan Police Depart- ment, conducted an examination of the damaged safe in an effort to obtain prints of fingers of the robbers. the a Senator-elect. If the Senate agrees with this argument, then it will, of course, act accordingly. “Possibly the most conspicuous ad- vocate, outside of the Senate, of the | claims of Messrs. Smith and Vare is James M. Beck, former Solicitor Gen- eral of the United States. In a recent article Mr. Beck says, ‘The issue is not a matter which publit opinion should decide.’” And yet Mr. Beck, who, according to the public press, is attorney for at least one of these claimants, has been devoting a great deal of his time and energy in an ef- fort to influence public opinion. He has written a book upon the subject. 'Mr. Beck’'s principal argument against giving the Senate the right to pass upon the question is that the Senate might, if it had this right, ar- bitrarily keep men out of the Senate without any valid reason whatever. *“The truth is, it is an impossibility to confer power upon any body of men without at the same time confe'ing upon them the right to abuse that power. Cites Past Records. “The Senate could be unreasonable. It has had the right to be unreasona- ble for nearly 150 years and the Gov- ernment still lives. There has never been a time when the Senate, if it ‘wanted to be as unreasonable as Mr. Beck fears it might become, could have brought about the absolute de. struction of the Government, but there never will be a government, and never has been a government, where those in authority do not have this same power. n 1927. !REVEA[S HORRORS - OF SOVEET PRISUNS; | riences in 22 Russian Insti- | tutions, Including Solovetzky., The inside story of 22 Soviet Russian prisons. through - which ke has been Khun‘ed in ‘he last ihree years has been to'd by 'Jutius M. Cheva‘ier. the oniy Americtnhorn American ever to he in prisuned at terribie Soloverzky Isiand ind 1041 be recounted in '@ ‘series of dis Batcics. of iwhich ihis is' the Arst BY JU B. W0oD. | By Cable a0 i News. ; LERLIN, January wandering trable dowland comprising the Russian Soviet prisons, where b | neither heard from the outside world | Inor was able to communicate with | | his friends from behind the barred| | walls, Julius M. Chevalier—hardly | | sensing the meaning of freedom |called at the American embassy in| to inquire as to llw‘ | Daily After two impene- rs of in that sl Berlin _tod: whereabouts of his two children and communicate with his brothers in| Dallas, Tex | | Since he was arrested at Batum at | | 4 a.m. on November 20, 1924, Cheva- | ller has been in oviet prisons, in- | | cluding the famed Solovetzky, on the | tringe of the Arctic circle, where he | spent eight months of his three-vear | sentence, last Winter, during a | terrible ‘typhus epidemic, which swept away about 3,000 of the 8,000 prison- | ers.” On Chevalier’s prison itinerary, | Solovetzky numbered 13 | : Received Two Letters. During his entire term of wander- | ing imprisonment, until the Soviet | | authorities notified this correspond- | dent a_couple of months ago that it | was willing to release him, Chevalier recelved two letters from the outside | world. These were the only Sugges- tions that anybody was interested in his fate, except for a furtive whis- pered message from an occasional newly arrived prisoner. One of these letters came from a friend in England just before last Christmas, which Chevalier spent at | Solovetzky. It announced the death | of his wife at Constantinople, whither she had gone with their children. Chevalier was not informed that Sir Robert Hodgson, the British commis- sloner at Moscow, had vainly at- tempted to secure his release, nor that the American State Department could not find a record of having issued American passports to himself and his | wife. Sole American Prisoner. | With Chevalier's release, the only | native born American so far as known | to have been imprisoned in Russia, | | and certainly the only one ever | prisoned at Solovetzky, now is outsi of Russia. Peter Romberg, a former | mploye of the Reo Automobile Works. | Detroit, now is in Solovetz Aaron Koomp of 195 Sheffield avenue, Brook- |1yn, now is in Buterka prison, Mos-| ow. Alexander N. Kudrashov of Chi- cago was last reported at Tiflis, men- tally deranged by his suffering in | prison. All these were Russian born, secured American citizenship and re- turned to their natal country, where | they fell afoul of the law. “My only regret is that I did not | |leave Russia a year earlier, after I | had completed ‘my work ‘ for the Standard Oil Co. and the Barnsdall |0l Co.” Chevalier said. “Possibly my wife would have been alive today | and I would be united with her and my children.” Health Is Unaffected. Though Chevaller's two years of | penal service were filled with har- rowing experfences and unending hardships, his health apparently is | unaffected, though his eyes were in- | Jured through the breaking of a high- powered lathe which he was operat- ing at Buterka prison a month ago. But his years in prison have left their mark in furtive-glancing eves that see all, though his face is ex-! pressionless, J When he trod the streets for the first time in two years he was thrown | | into & panic by the automobiles, while | the sight of short skirts and bobbed | bair was a distinct novelty. At Riga, | seeing two girls getting a bob when he entered a barber shop, Chevalier | fled in alarm back to his hotel, be-| lieving he had stumbled into the| midst of a dread typhus epidemic. Release Is Sudden. | Chevaller’s ultimate departure from | Soviet territory came with the same | suddenness as his arrest on a Winter morning two vears ago when, with his_property packed and his family ready, he walted to take a steamer for America eight hours later. Though the Soviet authorities announced their willingness to release him early in November, it was not until seven weeks later that he reached Bigosovo, the last station before the Latvian trontier. A soldier accompanied him aboard a second-class car and the train pulled out from the snow-covered station. Three miles out it slowed up for the frontier. “Good-by, comrade, 1 hope every- thing ‘is for the best,” said the sol- dier, extending his hand. “Good-by, citizen soldier. sald Chevalier. On Hunger Strike. The soldier grinned and from his pocket dug out an old passport which Chevalier did not know existed, ran to the door and jumped out into the snow, waving farewell as the train gathered speed, leaving Russia behind ‘While at Buterka, Moscow, await- ing his release, Chevalier attempted to precipitate action by means of a joint. hunger strike ~with Victor Knorati, a_brother of the assassin of Soviet Ambassador Vorovsky during the Lausanne conference. Both were | due to be released, Knorati having | | served three years, which he claimed | was' the sentence imposed on every | member of his family in Russia, while | Chevalier had been promised his free- | dom. 3 Both wrote to Commandant Adam- | son announcing the purpose of thefr | demonstration. Two days' fast brought quick results for Knorati, who was released, but with the stipu lation that he should be exiled for vears to Narim, Siberia, where ts to find his younger sister. Red Cross Aids. Chevalier's hunger strike continued | tor nine days, when he was shown the unusual honor of a visit by an | agent of the Gaypayoo. Lying weak | on his cot, having refrained even from taking water, he heard the agent ex | plain_patiently that the authorities { would not retaliate for his breach of discipline by returning Kim to Solo: vetzky because they sincerely intended (o release him. ‘Just throw me across; I'll take the chances,” Chevaller urged, using the vernacular, meaning to put him across the frontier without documents. “Something disagreeable mixht hap- pen. You might aceidentally get shot, might slip off the train, might stumble into a well in the dark,” said the agent, significantly, “Everything must be in order. We must have a record showing you have safely left the country. We will find a solution Be patient.’ Chevaligr returned to work and earned ehough to buy a pea jacket. Thanks,” | housing commissione! | cate, ] Takes Office Toda i e GEORGE R. FARNUM, New Assistant Attorney General, sworn | in today. | f QUAKE CITIES DI~ OUT FROM RUINS Damage Estimates in Mexi- | cali and Calexico Dwindle to Less Than $1,000,000. | 1 | By the Associated Press. rap of workmen's hammers supplant- ed the ominous rumble of earthquakes today as Calexico and its sister city, Mexicall, across the International boundary in Lower California, began to repair damages aggregating almost $1,000,000 wrought by temblors which started early New Year day and con- tinued intermittently until yesterda Rehabilitation started vesterday as workmen mingled with the crowds of sightseers who poured into the shaken cities from other points of the im- perial valley and as far away as Los Angeles. Removal of debris from the streets was the first step taken. Work will begin in earnest tomor. row with the arrival of the California who will make the first official survey.of damage and decree ‘which buildings are to b condemned. Damage Figures Vary. There is some variance in the un official estimates of the damage. The Calexico Chamber of Commerce placed it at $250,000, while Z. D. Agnew, police commissioner and building con tractor. estimated $500,000 loss fror the quake, not including fire losses. This, with minor damages not report ed, is expected to bring the total to nearly a million dollars. Minor quakes, which came at irreg- | ular intervals yesterday, did not di- rectly increase the property loss, al- though one of them may have been responsible for fires in Mexicali which destroyed buildings valued at $75,000. A ‘short time later a fire threatened a Calexico hotel when a stove tipped over. Volunteers joined the firemen in extinguishing the flames, while guests, already clothed to flee any major shake, hiurried out of the build- ing. Youth Held As Looter. Civilian guards and police in Calex- ico and the military in Mexicall have been_effective in preventing looting. tempted to take a few bottles of per- f;lxllle, Mexicali was put under mar- tial law. The remarkable feature of the tre- mors, according to persons who have studied earthquakes and who have hurried to the scene, has been* that despite crumbling walls and toppled chimneys and the fact that the first and most severe shocks came during the height of New Year revelry, there have been no deaths or serfous in- juries. Reports reaching here today that Black Butte, a volcano south )ot the border, was active, as was the during the earthquake here in could not be verified W. E. YELVERTON DIES AFTER LONG ILLNESS | ! Well Known Newspaper Man Had Been Special Assistant to Secretary Hoover. William E. Yelverton, well known Washington newspaper man, and un- til recently a special assistant to Sec-| retary of Commerce Herbert Hoover, | being engaged in the handling of pub- | lie relations. died in El Paso, Tex.,| Friday night after a long illness, ac-| cording to word recefved here. He went to Texas for his health about a year ago. He resided here at 3315 R street. Mr. Yelverton, who was about 40 years old, came to Washington in 1913 as iocal correspondent of the Ralelsh News and Observer and of CALEXICO, Calif., January .t.“l‘hel | resolution The lone case reported was a Mexican | vouth who was arrested as he at-|the Senate the dire need for urgent of one of our leading EDWARDS DEMANDS DRY LAW REPEAL Urges Calling of State Con- ventions Prior to Presi- dential Election. Re I of the prohibition amend ment to the Constitution and denun ciation of the use of poisons by the Federal Government o render indus 1 alcohol unfit for bevera featured u “wot” speech 1 the Senate today dwards New . Democrat. enator Edwarc 1 that the eighteenth amen through the lent and ident n of dele the conventions. if Senator Edwards' plan be d. would amount to a national referendum on the liquor questior isked that his slution be re the judiclary amitte While & T ards was dellver ing his spe another attack on the use of powson in alcohol was in pros in the louse. where Representa tive Celler, Democ of Ne York unched heated debate by declaring that me rrs of the House and Sen at “drink to cxe and «d upon his colleagues to keep poison dens out of industrial alcohol t <o who “ape their betters topic formed the basis f A conference this morn ing between Sceretary of the 'l ! Mellon, Gen. Lincoln C. Andrews, it charge of pro ion enforcement and Dr. J. M. Doran. chlef chemist of the prohibition unit. Reads Death Data, Tackling the poisoning of industrial alcohol with Government approval, to make it unfit to be used as a_beverage, Senator Edwards read to the Senate statistics from 15 large cities in this country showing many deaths from alcoholic poisoning during the holiday season. He chars terized the Government's action in permitting the poitoning of aleohol Uncle Sam’s allianc the mortictans,” and attacked V Wheeler, general counsel of the League, because he had soning of the alcoho B v Senator offere alling upon the Secretary of the Treasury to furnish to the Senate all available information and correspondence with Mr. Wheele: bearing upon the polsoning of i dustrial alcohol. “I am just as sure that Wheeler is back of this alcohol poisoning oampaign I am that prohibition is a failure,” said Senator | Eawards. said Senator Ed wallowing In “This Nation,” wards, “has been trough of prohibition corruption for nearly eight vears. He insisted that the country has been aroused against prohibition and that a different situa tion now presents itsel Calls Law Failure. “When I came to this body, continued, “it was not sight to see Dr. Wayne B. Wheeler, legislative representative of the Anti- Saloon League, seated in the honor gallery with thumbs down on every Representative whom he thought might have the temerity and the au dacity to vote his own will and not he the will of the Anti-Saloon League That day has passed! When the Con | gress of the United States wishes to consuit Dr. Wheeler in the future he will be sent for and asked his opinion. But sentiment against the prohibition rottenness which now honeycombs the Nation has become so intens. from & normal crystallization that Anti-Saloon League representatives fear to continue to use coercive meaus- ures, at least on the Congress of the United States. “I cannot too strongly impress upon and speedy action in_the matter o prohibition reform. Volsteadism has failed, the eighteenth amendment unworkable, and I now plead with every Senator in the chamber to take this matter seriously and work to the end that something may be done to clarify the foul atmosphere of liquor debauchery. “During the holiday season just passed our cheerful Christmas spirit was severely shocked by news dis patches from every section of the country announcing scores of deaths from poison rum. Here are the figures from representative American_cities in which legalized murder is looked upon with favor by this so-called paternalistic Government of ours: New York, 7:30; Philadelphia, 300 Boston, 145; Chi St. Louis 56; Columbus, 3; San Antonio_(sinee June 1), 3; Omaha, Nebr., 10; Harris burg, Pa.. 6 Detroit, 121: New Or leans, none; Los Angeles, 30; Minne apolis, 28; Seattle, 23; Pittsburgh, 130 “The youth of our Nation is being driven and cajoled into u life of erim because of the sinful operation prohibition,” he continue: Sees Threat to Youths. “Not lonx ago an official hotels in the National Capital told me that he had been forced to eject from a suite of some half dozen young semi girls who had been indulging dringing carousal for two day. and two nights in the company of voung boys, who had to be assisted into taxicabs in order to be conveyed to their homes. If the Senate of the United States is ready and willing to eounten: any such demoralization of our youth as this, . for one, must dissent, and dissent with all the vigor and earnestness that I can command And the hotel incident that I have just related is probably typical o many throughout the countr: “I have warned this body beforc S0 very the Savannah Morning News. Subse- quently he was connected with the Harris & Ewing news picture fea- ture service and joined the Consoli- dated Press Association in 1920, serv- ing it in various capacities. Later he I\gcume managing dtrector of Current News Features, a newspaper syndi- holding that position until re- signing about two years ugo to be- come an assistant to Mr. Hoove Born in North Carolina, Mr. Yelver- ton was graduated from the Uni- versity of North Carolina and worked for several Southern newspapers, be- -oming managing editor of the Raleigh News and Observer, which he later represented in_ this city. body is being brought here for His wife, Mrs. Lillian Yel- verton, and two children, who survive, were With him at the time of his| death. The children are William E.| Yelverton, jr., and Barbara Yelverton. Mr. Yelverton had been an active member of the Natlonal Press Club for many years. Conviction Is Upheld. and I warn it again, tMit uniess mor. practical common sense is exercised in combating this prohibition evil, many who now occupy seats in this cham ber with a restful feeling of perpetual ease will find themselves cast into outer darkness along With my good friends _Senators Butler, Pepper Weller, Williams, Lenroot and Wads worth. And let me say here that nothing in the long range of political uncertainties and eventualities defeat ed these gentlemen in the last elec tion more than their vacillating atti tudes and their domothing policies in regard to prohibition. There are rep- resentatives now sitting in both Houses of Congress who tremble with fear and trepidation every time Vol steadism is mentloned. ANTHONY TO RETIRE. Will Not Seek Re-Election if He Survives Present Illness. Representative Danfel R. Anthony an _unusual’ of the first Kansas district does not intend to ask for election again should he survive his present serious fliness, it was learned here today Mr. Anthony, who is ranking, Repub- lican member of the House appropri ations committee, is spending the Winter at Tucson, Ariz., on the orde of his physiclans. Word received here is to the effect tha. vis health 1» not improving. % Several candidacies to su#ceed M Anthony have developed. The first announce is Ewing Herbert, publishes of the World at Hiawatha. Wilbur Hawk of Atchison also is a candidate while Topeka may have two candi PHILADELPHIA, January 3 (®).— The Supreme Court today sustained the conviction of John A. Bell, Alle- gheny County banker, on charges of embezzling and misapplying ~more than $600,000 of the funds of the Carnegle Trust Co. over the letterhead and the signature of a letter written in Russian, the commandant said the letter inclosed $100 and would Chevalier please sign a receipt. The only clue to the donor was a line which Chevalier glimpsed between the warden’s pudgy fingers— He dieted a week and bought a pair of boots. : TWO days before his depart- ure C dant Adamson called him to his office. Holding his two hands “American Red Cross.” (Mr. Chevalier’s experiences in Solo- vetzky Prison will be recounted in to- morrow’s dispateh.) dates, Fred Voiland and J. D. M Hamilton, member of the ture and prominent candidate for speake: of the Hougg.