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WEATHER. S. Weather Bureau Forecast.) Partly cloudy and slightly colder to- night; minfmum temperature about 22 degrees; tomorrow increasing cloud [ ness. Highest, 52, est, at § pm Full report on page 9. at 12 midnight; low- yesterday ®(losing N.Y. Stocks and Bonds, Page 10 () 999 Entered as secc No. 30,232. . jost omce, Wa ond class matter shington, D. C. (@ WASHINGTON, D. C., MONDAY, FEBRUARY 7, 1927 <THIRTY-S1X PAGES. WITH SUNDAY MORNING EDITION ¢ Foening Star. ¥ The only evening paper in Washington with the Associated Press news Saturday's Circulation, 101,201 Circulation, 113,085 TWO CENTS. . SUN RUSHES LAST RESERVES T0 STOP FOE ATHANGCHOW Cantonese Said to Have . Agreed to U. S. Proposal Not to Attack Shanghai. HEAVY FIRING INDICATES ADVANCE OF INVADERS Southerners Reported Within 15 Miles of Strategic City—British Support Kellogg Plan. J B tha Acsociated Press SHANGHAI, February 7.—Tens increased in Shanghal today as city, now crowded with foreign ref- ugees, awaited news from the battle front south of here and studied a re- port that the attacking Cantonese army would not attempt to take the city by force. Message from Hangchow, critical point for the embattled forces, de- clared the booming of artillery could be heard there, indicating that the at tacking southerners have advanced egain. To offset this, headquarters of Marshal Sun Chuan-Fang, ally of the northern powers and defender of The District Court of Appeals today sustained the traflic regulation forbid ding the driving of horse-drawn ve- hicles along Sixteenth street except to deliver merchandise. The opinion was rendered by Justice Charles H Robb, and was concurred in by Chief Justice Martin. Justice Orion M. Barber of the United States Court of Customs Appeals, who sat in the absence of Justice Van Orsdel, filed a dissenting opinion The majority opinion adopts the opinion of the court in the Smaliwood case rendered last month, in which the power of Director of Traffic El- dridge to make regulation as to traf- fic on arterial highways was upheld. The court there held that the in- tent of Congress would be frustrated it slow-moving vehicles, such as solid tired trucks, could not be excluded from such highway The court reverses the decision of Judge McMahon of Police Court, who had held the regulation invalid and had dismissed prosecutions brought by the District of Columbia against |16TH STREET BAN ON HORSES UPHELD BY COURT OF APPEALS Justice Barber Dissentisr VFrom Opinion Concurred in by Martin and Robb. Eldridge’s Power Defended. vey Wheeler and Fenton Goldman, rested for driving a horse-drawn vehicle on Sixteenth street. The Dis- trict_of Columbia sued out a writ of error, which has been sustained by the majority opinion. The appellate court holds that the claim that the traffic act relates en- tirely to motor vehicles does violence as well to the language as to the obvious scope and purpose of the act It is pointed out t the director given power to regulate the speed and parking of all vehicles and for the registration of motor vehicles. Judge Barber devotes 17 pages to a enting opinion, in which he sus- g of Judge McMahon not refer to horse drawn vehicles and asserts that the mafority opinion in excluding such vehicles makes the act prohibitory and not regulatory Even if such conflict does not exist, he < the regulation is invalid, be cause Congress has not delegated any power to the director to exclude per- manently horse-drawn vehicles from Sixteenth street. ai tains the fi that the act do U. 3. MORAL FORGE WEAPON IN CHINA Shanghai, his last stronghold, assert- ed his forces were successfully de- “ fending the area. In spite of Marshal Sun's reassur- ances, it became known that he rushed the last of his reserves, his +, own bodyguard division, 8,000 strong, “from Nanking, provincial capital, down to the front, while unconfirmed reports to nmewspapers here said the attacking army had reached Fuyanf, 15 miles southwest of Hangchow: Shanghai Situation Doubtful Whether the report that the Canton- ese will not use force on the city is a promise that they will abandon plans to draw it into the ever expanding southern territory, or whether it is an offer to accept the suggestion of L American Secretary of State Kellogg that the foreign settlement here be exempted from hostilities, was not made known. The offer was reported in a message received here from Hankow, where Eugene Chen, Cantcnese foreign minister, is said to have assured Owen O'Malley, British charge d'affaires, .that such a course had been deter- mined upon. It was pointed out, however, that the Cagtonese might advance a con- siderable distance without actually capturing the city or bringing it with- range of the fighting. angchow is considered the imme- diate strategic point in the fighting in Chekiang Province. If the Canton- ese capture that city, which is the pro- vincial capital, they will have over- come many natural anc tactical diffi- culties in their march on Shanghai, A railroad line there connects with Shanghal, although it has been cut ? several times. In possession of the railroad, the Cantonese would have a potential asset for moving up ‘guns and supplies, which up to now. have been transported on human backs Leaders Get Kellogg® Plan. Although the suggestion of Secre- tary Kellogg was delivered origirally to Marshal Chang Tso-Lin, Manchu- rian dictator and head of the northern armies, and to Marshal Cheng Kai- Shek, Cantonese field marshal, the promise that Shanghai will nots be taken by force came from a different source—the Cantonese foreign, min- ister. 2 Marshal Chang Tso-Lin transmf{ted Mr. Kellogg's proposal to Marshal Sun Chuan-Fang, who is at Nanking. It now is said to be a matter for de- cision between the two armies bat- tling south of here. Some northern leaders believed such an agreement would be tantamount to surrender of the city by Marshal Sun, and others declared it would have been useless for the Manchurian dictator to have ordered compliance to the suggestion in case Marshal Sun considered it a virtual surrender. It was pointed out that Sun consid- ers Shanghai his home and his richest holding, and would not abandon it even on the order of his superior, if he considered Secretary Kellogg's pro- posal, if accepled, a disadvantage. Chen's address at Hankow Saturday. in which he declared the British gov- | ernment suffering from a “Peking | complex” and reiterated his demand ! that Great Britain deal with the! tionalists alone, also was a factor | ing concern | \ . Situation Not Grasped, He Says. Elaborating on the poiint of view ionalist government, Chen said the principles manifested inter- nally were “agains tthe Chinese feudal- | ism’in the double form of a1 mandari nate that misrules at Peking, and a | decaying militarism which sustains the | it power of Gen. Chang Tso- | Lin and his all | A Great Britain has particular iled to grasp the situation, the fore ister added, point out ““th: of 1rageously 4 dealing er, she re wurd Peking Nationalist which the ompeiled the s vital ta in suthori the sett Chine British and u Chen c s Lo env sserted that in, British tary, in a recent speech : ham, England, implied that tions with the Nationalist governmen alone would involve recognition of a division existing in the government of China. Urges Opposite Condition. Chen urged that the opposite con dition would prevail, for the British method of proposed Gual negotiatior #must cleave China into a Nationalist China, with a government at Wul and a fuedalist China, with a govern ment at Peking.” “Today Peking is dyin clared, “the British government, chief sustainers of the Peking regime, is y facing the greatest crisis of her ca. reer in Far Asia. Betiveen Chinese patiopalism and Chinese fuedalism there can be no compromise. The t has come when the British inued on Page 4, Column 2, Birming: Chen de negotia- | Policy Preliminary to Physical Action if Needed to Pro- tect Lives. BY DAVID LAWRENCE. The United States is relying on moral force, while Great Britain is preparing if necessary to use physi cal force to protect the lives and properties of foreigners in Shanghai. Which of these two theories will be successful in persuading the rival generals to do their fighting outside a neutral zone depends on whether the Chinese think the diplomacy of President Coolidge and Secretary Kel- logg can influence Great Britain, France, Japan and foreign govern- ments generally or whether the United States is alone in her desire to recognize the aspiration of the Chinese to eliminate extraterritorial rights. If any foreign power has tradition- ally been friendly to China, has failed to exploit China by seizing territory as reprisal, and has at the same time encouraged the development of a re- publican form of government, that country is the United States. Leadership in Parleys. Other governments have a record of more or less selfish interest in China. This makes the United States the natural leader in the parleys be- tween China and the outside world. Mr. Coolidge did not order a large ex- pedition of troops as did Great Britain, though he held a ‘small number of Marines ready to assist in protecting American lives if the emergency should develop. The climax of the American policy has come in the appeal to the Chi- nese factions to regard Shanghal as a neutral zone. This means, of course, that the United States is speaking for the British, French, Japanese and in fact all foreign resi- dents of the city. If the Chinese leaders feel that the United States will actively support the Chinese de- mand for an immediate abandonment of extraterritorial rights, they will bow to moral force. If they think the American proposal is a gesture to gain time for the outside govern- ments to bring their military forces to far-off China they will go ahead. Fortunately there are among the Chinese leaders many who are fa- miliar with American good will and what it means. They will not be quick to alienate American sym- pathy and possible American aid in a reorganization some day of Chinese finances. If extraterritorial rights are eliminated, friction will be re- duced when the outside governments are sympathetic instead of un- friendly. A Common Sense Plea. The decision of the United States Government to appeal to the common sense of the Chinese leaders is a natu- ral preliminary, on the other hand, to any measures of physical force that may become necessary. Having stated the case so that American public opinion may be thoroughly informed, the American Government will feel cupported if it becomes vital that American forces be landed alongside the British to begin a large sized mili- {ary operation for the defense of shanghal. N";‘lxr\‘: lives of more than 30,000 for- eigners are at stake, and it is a criti- .al moment for American influence in the Far East. Should the American policy succeed where the British policy has failed the role of the United States as mediator will be correspond- ingly more important. In other words, the United States will feel obliged to act for China in lining up the other powers on a practical substitute for extraterritoriality. (Copyright. 1927.) Representative Snell TIl. Chairman Snell of the House rules committee is confined to his home with a severe cold. 1,000,000 ATTEND YOSHIITO RITES Japanese Show Much Emo- tion at Gorgeous Funeral of Revered Emperor. BY G. C. EUBANK. TOKIO, February 7 (#).—Yoshihito, 123d Emperor of Japan, tonight was accorded the most pretentious funeral in the history of the Orient, approxi- mately 1,000,000 bowed, damp-eyed subjects viewing the gorgeous cortege which marked the passing of a per- sonage regarded as a lineal descendant of the mythical sun goddess. Although the late ruler actually was the real Emperor for only a brief time, owing to an illness which afflicted him from the time of his youth, the Japanese revered him as a delty. His death caused real nation-wide mourning which foreigners seldom un- derstand. Consequently, tonight's pro- cession toward the tomb excited un- usual emotion among a usually stoical people. Many Pecnle Sobbed. As the magnificent catafalque slowly wended its way over the four-mile route from the imperial palace to Shinjuku Gardens, half-suppressed | s0bs of men, women and children were heard. All imperial funerals are held | in the nighttime because the imperial spirit must go from darkness into darkness. Approximately 9,000 persons par- ticipated in the procession, which be- gan to line up shortly before 5 o'clock | this afternoon. The forward end of the procession and the catafalque be- gan to move promptly at 6 o'clock, whereupon artillery throughout Japan fired 101 guns and the battleships 48 guns, Procession Impressive, The route of the procession was lighted with 10-foot wooden laterns on pedestals and containing electric lights and also by great braziers atop huge bamboo piles, resembling burn ing pine faggots. Every effort was made to preserve the age-old tradi- tions, and even the quaint costumes of those who participated in processions a thousand years ago were reproduced. No women participated in the pro- cession, princesses and women of the nobility witnessing the ceremony at Shinjuku Gardens and at Asakawa, | the burfal ground. In addition to court musicians and | reed music, several naval and military bangs interspersed the procession, playing soft funeral dirges. A feature of the procession was the huge catafalque, drawn by four almost black oxen, sanctified by due ceremony. Yoshihito's household regulations specified black and white spotted oxen, , Column OF GAS-FILLED KITCHEN “Strike No Matches,” Then Turns on Five | Jets—Calls Self Failure at 50. By the Associzted Press. Pins Note on Door, NEWARK, N. J. February 7.—A man who gave the name of William F. Peters, aged 50, when he em:ag@dl a room in Bleecker street two \vesks‘ ago, today committed suicide in the kitchen of the lodging house by turn- ing on five gas jets. He left a “strike no matches” sign ! on the outside of the kitchen door, Portions of several notes writeen | pparently just before he turned on | the gas read asyfollow: “Down and out. Well bred. Don't try ase of suicide. big fall from top to bottom.” “I welcome death. 50. No one to identify me.” I had u By the Assoclated Press. CHICAGO, February i Gone Longfellow’s Minnehaha—she who used to roam the forest; n her place has come a flapper, who can powder, who can paint— ha, too, has altered; he has A the buckskin leg; it's ats and es Hi | Now with down the pantslegs | Chief Reginald Oshkosh ha this word from the reservation at | Menominee, Wis., to the first 1927 powwow of the Grand Council Fire of American Indians. The chief himself was natty in trousers that carried a knife edge and s brought I ] /xlx'f\'-n;Minnehaha Turns Flapper as Hiawatha Dons Spats and Razor-Edged Trousers with smart-styled spats fitted snugly over slickly shined shoes. The change, the chief confesses, has lifted the burden from the shoulders of the squaw and placed it on the brave. But he is not sorry. Dreams of oldtime power and glory, said young Chief Roy, are for the wrinkled braves. The cigarette,” he said, “has re- placed the pipe of peace among our wives and daughters. Rouge, dell cately scented, is the modern war paint. Stockings of silk are quite the thing “The Charleston—and the Black Bottom—are our war dances. Our girls are flappers, and our young men ‘wear floppy pants, and I suspect that the latter like their gin.” | Good mhu‘ntlon.‘l to find my| A failure at| 1 PRESIDENT FAVORS FURTHER STUDY OF ~ RETIREMENTLAW lConvinced More Inquiry Should Precede Attempt to Liberalize Act. CONGRESS MAY PASS NEEDED RESOLUTION Coolidge Disapproves Efforts to Liberalize Statute Until Pres- ent Plan Is Tried Out. President Coolidge is convinced that a careful and comprehensive study and investigation should be made of the operation and administration of the present civil service retirement law covering Government employes before any attempt is made to further lib- eralize this law Because of this attitude on the part of the President it is felt by those who have discussed the subject with him lately that he would be glad to see the joint resolution introduced by Representative Hudson of Michigan, which provides for the creation of a commission to study the retirement subject, passed just as soon as possi- ble. Hudson Sees President. This was the impression gained by Representative Hudson during a con- ference with the President at the White House today. After explain- ing his resolution to the Executive, Hudson hurried back to the to toke up with the party the question of getting his resolution before the House for a vote before the close of the present sessfon, Mr. Hudson said at the White House that no place had been made upon the legislative program for any civil service legislation at this se sion, but he feels that inasmuch the President has manifested such keen interest in the subject and as there is no real opposition in the House to his proposition, If his reso- lution is given a chance to get on the floor it will be readily passed. The only opposition to his proposal noted thus far has, according to Mr. Hudson, come from officers of the Federal Employes’ Union, but he of the opinfon that when the objec and purposes of his legislation are more fully understood there will be no real fight made upon his proposal. Commission’s Personnel. Mr. Hudson's resolution would create a commission to study and in- vestigate the civil service retirement act, to be composed of three members of the Senate 10 be appointed by the President of the Senate; three mem- bers of the House to be appointed by ‘the Speaker, and three members to be appointed by the President, one of whom shall be selected from the ex- ecutive branch of the Government, one from the joint conference on re- tirement, and one outside of the Goy- ernment service, all of whom shall possess special knowledge and experi- ence in insurance matters. This com- mission not only would study the operation and administration of the law, but would study the problems in connection with the subject and would report its findings together with rec- ommendations for such legislation as it might deem advisable. The commis- sion would be directed to submit its report to Congress and to the Presi- dent before January of next year. This legislation is understood to have virtually the entire support of the champions of civil service retire- ment liberalization, including Repre- sentative Lehlback of New Jersey, chairman of the House civil service committee. According to Mr. Hudson the friends of the Government work- ers, who have in mind legislation come tire in the future to increase the maximum and minimum annuities now paid those who retire from the service, are satisfied that it would be impracticable to attempt further legis- lation until it has been definitely de- termined just exactly how the present amended retirement act is working out. President for Study. President Coolldge, who always has manifested a deep interest in legisla- tion looking to the welfare of the employes of the Government, has made it clear that he would dis- approve any efforts to boost the an- nuities and otherwise liberalize the retirement law until he has been shown how the present law is operat- ing. Ti was almost entirely upon the insistence of President Coolidge last Winter, when the present amended law was being discussed at the Capi- itol, that maximum age limit for re. tirement was kept at 70 years and the minimum age limits at 65 and 62 years, and that $1,000 was stipulated the divisor 45 was used to determine the computing of the annuities. At the time the President made it evi- dent that he would not agree to a more liberal law until the subject had been given a fair trial along the lines indicated by him. MRS. COOLIDGE INSPECTS Makes Survey Prior to Deciding What Personal Effects Are to Be Moved to Schlesinger Home. Mrs. Coolidge, whom the President has designated to superintend the moving of their personal effects from the White House to the Schlesinger home on Dupont Circle during the perfod the White House is under- going repairs, today made a personal survey of the interior of the tem- porary home to make notes of the various rooms and the arrangement jof the furniture and dr: | fore determining what articles wil | be transfered from the White House. shown about the house by its owner Elmer Schlesinger, who had re ed to Washington from New | York for this purpose. It was said at the White House today that the date for moving to the temporary home has not heen settled_definitely, but the President has indicated that he would be will- ing to move any time after the 4th of March, » s | I TEMPORARY WHITE HOUSE | peries be- | During her visit Mrs. Coolidge was ' i News Note: Another Swimmer Makes the Catalina Channel Crossing. RIGHT AND LEFT PASSING FAVORED Eldridge Says Plan Is Reme- dy for Motor Congestion. Used Elsewhere. BY WILLIAM ULLMAN. Permission for motorists to pass other vehicles an either the right or the left is the remedy for the manifold traffic evils that have grown out of the seemingly fixed habit of Washing- tonians to drive in the middle of the street, in the opinion of Director of Traffic M. O. Eldridge. Both right and left hand passing have been permitted on all one-way streets since their establishment here without any resultant accidents, and authorization of the practice on two- way thoroughfares is believed to be the simplest solution of the present prob- lems of congestion and wasted street space. Novelty for Motorists. Such a revision of the traffic regu- lations also would hold for motorists the novelty of having a driving re- striction withdrawn rather than added and be a move, as many traffic stu- dents believe, in the direction of wider law observance and greater safety through the expedient of simplifica- tion. Innate selfishness and disregard foy the rights of others actuate the mid- dle-of-the-road driver, Mr. Eldridge be- lieves. While the vehicle operator who satisfies his greed and his desire for speed by keeping in the left-lane may regard himself as clever, traffic excerpts look upon his action not only as selfish, but also as the, mark of the poorest kind of driver. While favoring right-hand passing, Mr. Eldridge will defer any recom- mendation of this character until he has had an opportunity fully to weigh the advantages of such a rule against the objectlons raised to it. The traffic director, however, con- curs in the general belief that this widespread driving vagary is one of the factors that contributes most heavily to the confusion and chaos on the main arteries of local travel and that it is productive of congestion and danger that are unnecessary. Practiced Elsewhere. The system of permitting passing on either side, as practiced in New York, Philadelphia, Chicago and many other metropolitan areas would rem- edy the snarl which leftlane driving has created, many observers of local conditions believe. That such a revision of the regu- lations is under consideration by the Traffic Bureau is admitted by Mr. Eld- ridge in pointing out that he has found motorists ready with but one defense for leftlane driving. “It is my experience,” he said, “that those who never have driven under the other system do not see its safety. They declare that they drive in the middle of the street in the interest of safety. They are afrald to keep as the maximum annuity and that! close to the right curb, they say, be- cause of the danger of a parked car pulling out into the street or of a pedestrian stepping out from the line of standing machines. “Irrespective of the reasons they glve, what, in your opinion, is the veal basis for such driving?” Mr. Eldridge was asked. “Speed and greed is the real reason in a majority of cases,” replied the traffic director emphatically. “Take Sixteenth street, for example. Here we find the worst evidence of middle- of-the-street driving. _ Certainly no one could be afraid of a parked car pulling out from the curb suddenly, or of a pedestrian stepping from be- hind a standing machine on this thor- oughfare. The curb on this street is kept absolutely clear during the hours of heavy travel. A motorist can see a pedestrian several blocks ahead. Selfishness Blamed. “It may be true that fear forces drivers into the center of the dimly lighted suburban street, but the same persons will get as far to the left as possible on Sixteenth street in broad daylight when every object for blocks head is plainly visible. Thus, in the jatter instance—the one that really is hazardous and harmful—it is not fear but greed and selfishness that guides the action.” ’ If right-hand driving succeeds in convincing pedestrians of the mistake of stepping out from behind parked cars in the middle of the block, it will prove a blessing for motorists and pedestrians allke and a decided betterment in the whole local scheme of traffic manipulation, in the opinion (Continued on Page 4, Column 1) His Saddle Empty, Horse at Burial Of Policeman Pal By the Associated Pre CHICAGO, February With empty saddle and slack rein, big, gentle Jim, the horse which for seven years had weathered the cold and the heat, aiding his master guide Chicago’s traffic, saw his old friend for the last time today. He stood near the grave of Po- liceman David J. Cairns in Ever- green Cemetery as the body was lowered. His presence had been requested by the family and friends of Cairns. For 14 years Policeman Cairns, who was killed when an automobile_ struck him, served in the traffic division, and half of that time he had ridden Jim. He was not mounted when struck. TWO JAILED HERE INHOTEL DRUG RAID Largest Amount of Dope Ever Seized in City Re- ported Taken With Pair. Charged with possessing the largest smount of narcotic drugs, consisting of morphine and smoking opium, ever seized In this city, a man and woman, admitting they were host and hostess of the Melody Club, 114 W tourth street, New York Ci club, were arrested early the Capitol Park Hotel and were ar- raigned this afternoon before United States Commissioner Turnage. They are: Jacob Soloman, alias Jack Rose, who admitted he was one of the proprietors, of the Melody Club. and a handsomely gowned and beauti- ful youpg woman, Andree Dubols of 57 West Forty-sixth street, who told narcotic agents she was unmarried. They were registered at the hotel as Mr. and Mrs. S. Soloman. Arraigned before Commissioner Needham C. Turnage, Soloman pleaded guilty and was held in_ $10,- 000 bond. The woman pleaded not guilty and was held in $1,000 for a second hearing, Monday. The arrests were made by narcotic agents who for months have been fol- lowing the trail _of the pair from Roanoke to New York. The agents, under the direction of Ralph H. Oyler, narcotic agent in charge of the New York division, suc- ceeded in making a purchase of 25,000 grains of morphine hydrochloride, which officials think was smuggled into this country. The morphine was partly paid for in New York city and partly paid for here, and was delivered to an agent on the sidewalk in front of the Capitol Park Hotel, almost within a stone’s throw of the Capitol grounds. 7,000 Grains of Opium. Following the delivery of the mor- phine on the sidewalk, about 7 o’clock this morning, officers of the narcotic force then raided the rooms occupied MORE TREES CUT ALONG BUS ROUTE Inspection Shows Additional Hacking and Sawing on Har- vard and Allison Streets. Twenty-three more of Washington's beautiful shade trees have fallen vie- tims to the mysterious and unauthor- ized tree trimmers, who hacked and sawed the limbs from 56 Norway maples on Thirteenth street between Harvard street and Park road, it was disclosed today by officials of the trees and parkings department of the Dis- trict, after an inspection of the trees along the routes of the Washington Rapid Transit Co. ‘The additional trees which have been mutilated are on Harvard street between Fourteenth and Sixteenth streets and on Allison street between Ninth street and Iowa avenue. Those on Allison street are sycamores, but the trees which have been cut on Har- vard street are Norway maples. Trimmed Like Others. Clifford Lanham, superintendent of trees and parkings, said that the trees on Allison and Harvard streets were trimmed much in the same manner as the 56 on Thirteenth street, and apparently were cut about the same time. The symmetry of a number of them has been destroyed. Discovery of the additional trees, which have been cut without the knowledge or approval of District au- thoritles, has given added impetus to the investigation which Mr. Lanham and attaches of the Public Utilities gunl‘l:mlfslm} h;i.v(’ been directed to e by Engineer Commis: Franklin Bell. e The blame has been placed on em- ployes of the bus company, and the management, it is said, has promised to give their names to District offi- cials so that steps may be prosecute them. E. D. Merrill, presi. dent and general manager of the com- pany, is scheduled to confer this aft- ernoon with Maj. W. E. R. Covell, senior Assistant Engineer Commis. sioner, in regard to the matte In the meantime Maj. Covell is continuing an inspection of the bus routes with a view to compiling data for the commission concerning the width of the streets over which the busses operate and the damage done to the trees. Route Restrictions Planned. The commission is contemplating | not be disturbed. issuing ~an order forbidding _the double-deck bucses to tun on Thir. teenth and other narrow streets wher. " (Continued on Page 2, Column 6,) FATHER OF 28 HAS GIRL. | Lee Gentle of Atlanta Acquires Added Laurels by Birth. ATLANTAF February 7 ().—Ls Gentle of Atlanta, \\lms’e 28 1‘h|l(|’r::! won for him the title of ‘“champion | lt_;thel‘ of Georgia” and a presenta- tion recently to President Coolidge and Congress, today had added laurels, by the couple and found approxi- mately 7,000 grains of smoking opium, prepared for u Along _with the (Continued on Page 2, Column 7. a daughter having arrived at the Gentle 'home yesterday . Nineteen of the 29 children are Iiv- ing. It is hoped that a name for the new arrival will be found shortly. Five Speakers Assail Blue Law Bill At House Subcommittee Hearings Five spokesmen vigorously opposed the Lankford Sunday blue-law bill when hearings were resumed today be- fore the judiciary subcommittee of the House District committee in the caucus room of the House office build- ing. 4 John B. Colpoys claimed he repre- sented 66,000 skilled artisans in labor unions and, with their familles, 225,000 persons, approximately half the popu- lation of the District. He said passage of the Lankford bill would lead to the opening of clubs and would drive men to all-day gambling. He emphasized that no law ever changed the morals of men, and that if churches wished to change morals they must do it through education and appeal to man's better nature than through police power. He told the members of the subcommittee that their duty is not to vote their own sentiments, but the sentiments of the people of the Dis- trict, the big majority of whom are not in favor of this legislation. A.J. D representing the Mid- city citize: sald that the people should have a right to their innocent amusements., Benjamin S. Minor, former "presi- dent of the Washington Base Ball Club, sald he represented this club and organized base ball. He declared that there is less crime and misde- meanors in the District since Sunday base ball was organized here during the war, at the request of the District Commissioners. Francis De Sales Ryan, of the Central Citizeny A,EJ&‘L‘{’;%‘,‘.‘. and a prominent church worker, also emphatically opposed the Lankford Dr. Joseph A. Themper, national nresident of the Association Opposed to Blue Laws, said that he repre- sents “90 per cent of the people of this great eity in objecting to such a ridiculous and improper bill.” Representative Houston, Republi- can, of Delaware protested against fho reopening of hearings on the lue law bill. Radio Programs—Pages 22 & 23 taken to | CAPITAL TRACTION VALUATION 1S CUT §0.130,000BY COURT Appeals Tribunal Sets Total for Rate Purposes at $25,756,880. CLAIM FOR W. & G. R. R. FRANCHISE COST DENIED Price Declared Based on Specula- tive Quotations of Securities—De- preciation Ruling Upheld. The valuation of the Capital Trac- for rate purposes is fixed at 80 by a decision of the Dis- trict Court of Appeals rendered today by Chief Justice Martin. The appel- late tribunal modifles the decision of Justice Hoehling of the District Su- preme Court by disallowing a claim of the company for $5,150,000 for the purchase price of the franchises and good will of the old Washington end Georgetown Rallroad Co. by the Rock Creek Rallway Co., from which merger the Capital Traction Co. was created in 1895. Justice Hoehling had ‘sus- tained the claim of the company and had fixed a total valuation of $30,906,380. The Public Utllitles Commission had noted an appeal from the decision of Justice Hoehling and contested the allowance of the $5,150,000, which the commission had refused to consider when in September, 1919, the commis- sion reported its finding fixing the company’s valuation as of June 30, 1918, at $14,270,495.51. This valuation was based on the normal prices as of July 1, 1914, to avoid the inflated prices consequent upon the war. New Valuation Ordered. The traction company appeal to the District Supreme Court and following the decision in the Potomac Electric Power Co. case it was agreed that the basis of valuation adopted by the com- wission was erroneous and Justice | Hoehling was authorized to make a new valuation. From this finding the commission appealed principally be- cause of the allowance of the $5,150, 000 mentioned. In disallowing this amount Chief Justice Martin declares it was a spec- ulative price pald for the stocks and bonds of the company and should not have been paid for the franchise and good will of that corporation any more than should payment have been made to the holders of the securities of the Rock Creek Railway for its good will and franchises. The court sa; “The claim that the sum of 50,000 was pald for the franchises and good will of the W. & G. R. R. Co. is not substantial, since the amount paid was manifestly based upon the prices of its stocks and bonds then prevailing in the stock markets and | these prices were largely speculative.” i The court declares it makes no | charge of bad faith respecting the merger but points out that $8,000,000 was paid for the outstanding bonds of an issue of $4,000,000, three-fourths of which were redeemable within four years and one-half of the remaining in less than eight years thereafter. “In our opinion,” continues the court, “no greater consideration should be given to the franchises acquired from the W. & G. R. R. Co., than would bhe given them if that company were still a going concern and a valuation should be made of its property under the act. Nor do we see any reason for excluding the franchises of the Rock Creek Railway Co. from the val uation, if these of the W. & G. R. R Co. be included therein.” Upholds Depreciation Ruling. Taking up the claim of the com mission that Justice Hoehling had not | provided any deduction for deprecia | tion which the experts for the com mission had estimated at $2,000,000 {the appelate tribunal adopts the de | cision of Justice Hoehling that no depreciation figures be set. The court points out that the company main- tains a sinking fund of $2,075,165.18 to take care of this item and remarks “We are convinced that under all the circumstances the decision of the lower court upon this subject should On the record be fore us any such deduction would necessarily rest upon doubtful theories only. “It may be assumed that the sink- ing fund maintained by the company, part of which has been employed consistently with its proper purpose 1s sufficient to balance the actual de- preciation of the property and this fund does not enter into rate-bearing valuation. Tt must be remembered moreover, that the present valuation is not intended as a buying and sell- ing price of the property, but for rate-making purposes, and the com- pany is entitled to collect rates sufficient to balance the depreciation as well as to pay a reasonable re- turn upon the invested capital” The court orders the commission and its successors in office to modity forthwith its former valuation and order in accordance Wwith tha de cision of the appellate tribunal. George E. Hamilton and G. Thomas Dunlap, counsel for Capital Traction announced they would take an appes to the Supreme Court of the United States, Text of Decision. The text of the court's opinion follows: “In the instant case the commis. sion began its valuation of the prop- erty of the Capital Traction Company MW the Month of April, 1914, and on September 4, 1919, it promulgated its findings, and reported the fair value of the company’s property as of June 30, 1919, “used and useful for elec- tric railway operations within the Dis- trict of Columbia,” to be the sum of $14,270,495.51. In arriving at this decision, however, the commission failed to first ascertain the reproduc- tion cost of the property as of the date of the valuation, to wit, June 30, 1919, but, instead, ascertained the re. production cost as of July 1, 1914 It then added the subsequent net ad ditions to investment up to June 30, 1919, and accepted the total as the reproduction cost of the property as of the latter date. This was done upon the theory that the increased prices prevailing during the World War were abnormal and temporary,” and that reproduction cost should be " (Continued on Page 5, By [