Evening Star Newspaper, March 7, 1927, Page 2

o LON UPHELD IN BREWER CASE | il Court of Appeals Rules Letter "to President, Basis of Suit, Was Privileged. Treasury the Distr raining libel suit Charles B. Attorney Gener: in connection with t letter written by ary President Coulidge concerning of duplication of Liberty the Bureau of Engraving ng. The District Supreme declined to adopt the view of I Hogan, attorney for Mr. Mellon, that “he communication was privileged und that Mr. Mellon could not be held personally llable, The District ¢ of Appeals, in an opinion by Justd Robb, reversed the action of the lower court and remanded the case for fur ! edings. hs;t Peuld | seriously _cripple the proper and effective administration of public affairs as intrusted to the axecutive branch of the Government, says Justice Robb, “if the head of an | oxecutive department, exercising the functions of his office and keeping within the limits of his authority, should be under an apprehension that | the motives controlling his official con- | duet may at any time become the sub- | ject of inquiry in a civil suit for dam- | 1f he ncts, having authority, his conduct cannot be made the founda- tion of @ suit for damages against| him personally.” !, Refuses to Pass on Date. The appellate tribunal refused to pass on the question of whether the | publication of the Mellon letter ap-| | demurrer i m’m 1 of the United States. { he contents of a v elion to charges 1 in the mewspapers before its publication in the Congressional Rec- ord of March 8, 1925. Under the views expressed in the opinion, the court fleems it unnecessary to determine that question. i In the course of his opinion, Justice Robb says: “The defense of the Secretary is that the communication was privileged be- eause it was an official communication from the head of an executive depart- ment to the President of the United States, and, second, because it was published in the Congressional Record of the United States prior to the pub- Meation in the newspapers. Counsel for the plaintiff, on the other hand, contend, first, that even if the letter was an officlal communication the Se=- retary exceeded any privilege he might have had by sending it to, the news- papers for publication, and, second, that the publication of the letter in the Congressional Record occurred after publication by the Secretary. Treasury Put Under Suspicion. { ber 14, | | | | | | i | was the RARRIS ® SEBWIN B. W. FLEISHER, se paper, the Japan will sponsor oratorical competition in | Japan, the winner to take part in the international finals here, Octo-! JAPANESE T0 JOIN IN ORATORY CONTEST! { i Winner in Island Empire to Get, Trip to America for World | Finals. | Competition in Japan, undertaken this year for the first time, will be one of ghe most interesting features of the Second International Oratorical Contest. It will be under the direct sponsorship of the Japan Advertiser, published in Tokio by B. W. Fleisher. This newspaper, which is published in English, will have co-operation of a number of Japanese-language news- papers in promoting the contest. In addition to an attractive list of local awards, the Japanese partici- pants will have the added inducement of a trip to the United States and re- turn, which is the grand prize gffered by the Advertiser. The Japanese speaker will come via the upper Pa- cific route, landing at Seattle October 1, in ample time to compete in the international finals in Washington on October 14. He will return via the Panama Canal, after having visited New York, Chicago, Philadelphia and {of h | rested in Atlantsy. PRESIDENT FREES JONES BROTHERS Two-Year Rum Sentences| Commuted After They Serve | | 9 Months in Atlanta. ! President has commuted, | Mective today, the sentences of Neu- | field T. and Winfield Jones, each serv- ing two years in the Atlanta peniten- tiary for prohibition law violations Winfield Jones had long been a prominent figure in Washington, where he was concerned, as a public- ity director, in various enterprises. He local correspondent for newspaperr. He had been rman of the publicity campaign for the Republican national con sional committee in 1916 « & member of the National Pres: cran of the Spanish W in various veteran af-| Cod a ated Aid to Revenue Bureau. the time of his arrest, it was ied, he was attached to the Bu- of Internal Révenue as an un- ofticial investigator of liquor case! Agents of the Internal Revenue B u waited for some time in front | house to arrest him, while he | actually was in the office of Elmer Irey, chief of the Intelligence Service of the bur to make a report on his own work as a liquor investigator. Jones was arrested while awaiting Irey’s return t the office. A pistol ; was found on his person, which he contended he was entitled to carry be- cause of his status as investigator, | but Irey said that none of his work had been of a nature to permit him | to go armed, | Almost simultaneously. his brother, | Neufield T. Jones, who Lad been pro- | hibition director of eGorgia, was ar- | re The brothers were accused of own- ing the-MaryTand Drug and Chemical Co. of Baltimore and of diverting alcohol for_beverage purposes which had been withdrawn under permits xpeln-ilrymg that it be used for toilet articles, Innocence Protested. H Both protested their innocence and declared that they had severed their connections with the company before the alleged diversions took place. They were taken to Baltimore, found guilty and sentenced to two years each in the Federal peniten- tiary. After several appeals they finally ‘entered the prison last June and have served approximately nine months of their sentence. The Jones brothers were sons of | a clergyman, who formerly was su- perintendent of the ” Anti-Saloon League of Georgia. 0Oath of office being administered at District Building this morning by Frank E. Cunningham (extreme left), chief clerk of D. C. Suj of the Commission; Ralph B. and Taliaferro. TELLEZ DECLARES HE WILL RETURN Mexican Ambassador, Cross- ing Border, Reiterates Denial of His Recall. By the Associated Pregs. LAREDO, Tex., March 7.—Reiter- ating his statement made in Washing- ton that he is going to Mexico City to visit a sick brother and that he was not recalled by President Calles, lanuel . Tellez, Mexican Ambas’ sador at Washington, crossed the bor- der here yesterday to continue his journey to the Mexican capital. He wrrived five hours earlier, accom- panfed by Lic L. Negreti, attorney of New York City. They were the guests of .the Mexican consul during ) their brief stay here. In a statement to the Associated Press Ambassador Tellez attacked the veracity of newspaper men in Wash- ington and New York. Declares Reports Distorted. “American newspapermen in Wash- | ington and New York are wizards | { of the District, who also holds membership on the new body. | jafternoon when her dress ca GIRL, 9, DIES OF BURNS; ] SET AFIRE BY TRASH! Dorothy Wagner’s Dress Ignited | When Flaming Paper Blew | Against Her. 9.y augh Franc agner, Dorothy Wagner, | died yesterday | | ter of Mr. and Mr of Kensington, Md. morning at Children result of burns sustained Hospital as the Saturday | ght fire from a blazing plece of paper blown | from a pile of trash in the yard of her aunt, Mrs, Eugenc Raney, also of Kensington. | When the burning paper was blown | against her dress, setting it afire, the little girl ran scgeaming about the yard, fanning the flames higher with every step. Her aunt tried frantically to reach her, but the child eluded her until she obtained some water and threw it over her niece. i Seared from chest to knees, she was given first aid treatment by Dr. Kath- erine Chapman of Kensington and re- moved to Children’s Hospital. TWO KILLED IN OIL me Court. Left to right—Col. Harrison Brand and John W. Childress, civilian members Fleharty, people’s®council, and Lieut. Col. J. Franklin Bell, Engineer Commissioner | : In the rear are District Commissioner Dougherty HIGHER-UPS SOUGHT INCHURCH BOMBING Dynamiter Slain in Flight by San Francisco Police. Wounded Man Held. By the Associated Pross. SAN FRANCISCO, March 7 silence of death and the reticenc a wounded man forced the San Fran- cisco police today to look for “higher- ups” in their effort to find a motive for the latest attempt to bomb the Sts. Peter and Paul Catholic Church in the Latin quarter here. The dead man, who has not been identified, and his alleged accomplice were caught in a police trap early yesterday, one being shot to death in the shadow of the church spires after he had tossed a dynamite bomb at the entrance and fled 1t the fifth attempt in a_little more than a year to wreck the church with bombs.” The four other efforts resulted In considerable damage, but no loss of life. So far the police the wor PASTOR IS BACKED - BYCOURT'S ORDER |Police Called in Factional| Strife at Bradburn Memorial Church. vices proceeded with their usual it serenity yesterday at the dburn Memorial Methodist Church southeast Washington, and it Rev. | Louis A. Mossburg is no longer the { duly authorizea pastor, he failed to Imit it by word or action. There was “something in the air” at the little church, however, and that “something" was the suspense that comes with factional differences, strained relations and, finally, court intervention, such as have beset the congregation of the Bradburn Memo- | rial Church of late. | Ordered to Court Kriday. One of the things which hovered over the heads of the church mem- | bership was a restraining order issued aturday In Equity Court, by which certain group of alleged church of- ficers are required to show cause on Friday why they should not be pre- vented permanently from ‘“interfer ing” with the peaceable conduct of the church. The situation, up until the time of the issuance of the court order, pre- sented the anomaly of a church with two sets of officers, each claiming the other was without authority, and one set of which has “declared” the Rev. Mr. Mossburg'’s pulpit vacant. Lead- ing the one group is the pastor, and at the head, apparently, of the op- posing faction, since ‘restrained,” is one Edwin C. Crouch. Lively Meeting Held. Mr. Crouch, it seems, assumed un- disputed leadership of the “opposi- tion at a_meeting of the official board and membership of the church last Wednesday evening. This meeting, i described in some detail in the com- iplaint set fourth to the court, was exceptionally lively for a church affair, and culminated in the arrival of Lieut. O. T. Davis and a squad of policemen from No. 5 precinct. The lieutenant was forced to mount the pulpit in the midst of a heated outburst of accusations and recrimina- tions and appeal to the better senses of those present to respect the house of worship. “I am convinced,” Lieut. Davis said today, “that a riot or something would have happened if we hadn't appeared when we did. The furore was awful. lven the women seemed to he get- | ting ready to join in the fracas.” ! Account Declared Exaggerated. | Atthe home of Rev. Mr. Mossburg it in ccount of the controversy was ‘“‘ex- aggerated,” at least insofar as the {was claimed today that Lieut. Davis'| REUNION SLAND HIT BY NEW CYCLONE and Steamer Lost With All Aboard. By the Associated Press ST. DENIS, Reunion Island, Ma 7—A new cyclone of Kreat intensity following that of last Thursday, was menacing this island today. Reunio Island is Abd-el-Krim's place of exile It was feared the new cyclono had swept over the Island of Madagascar where there were many deaths ane extensive property damage in last week's cyclone No details were available as to the exact number of dead at Madagnscs but there came confirmation that the tave, on the east coast was virtually wiped out by Thursday’s storm Several small steamers due herr were missing today It was feareu that the steamer Sainte Anne, fron Madagascar, had been lost with a aboard. Dead Mostly Natives PARIS, March 7 (#).—From a singie {brief official message which reached the ministry of the colonfes by roundabout way, it was apparent to day that the deaths through the cyclone which swept over the Island of Madagascar, in the Indlan Ocean on Thursday, were largely among the native population. Some estimates have been 500 dead. The storm destroyed all tsle graph and wireless equipment. Only through radio messages from ships along the coast were reports received From these it appeared that the mos! serious damage was in the region of Tamatave, a seaport on the east coast, where many persons lost thel: lives.” Other parts of the island, while visited by high winds, escaped lightly in_comparison. Reports to shipping companies indi cated that several boats, all of them belleved to he coasting vessels, were sunk Population Largely Europeau. The Island of Madagascar, sepa rated from the East African coast by about 250 miles of Mozambique Chan nel, has an area of 230,000 square miles and about 3,400,000 inhabitants, for the most part Malayans. Reunion Island is 420 miles east of Madagascar, having an area of 970 square miles. There is a popu |lation” of more than 175,000, largel: Europeans. Both islands are part of the French colonial domain. VOTING BY NEGROES activity of the women was concerned. Fear Madagascar Is Swept ’ BLAST; 4 MISSING | The dispute over control of the! e maclose. that. for | other American citles with' Chalr {PAGIHAHION ™ e Aain 1 think the bombings were church had its origin February 2 at! IN PRIMARIES OF Efforts to obtain clemency for them { 3/ a period of three and a half years Mr. The Japanese contestants will dis- Brewer conducted an investigation “in | cuss the following topics: “Japan and the Treasury Department of the United States and elsewhere of sup- posed fraudulent duplications and other frauds in the counterfeiting, copying, falsification, sale and disposal of bonds and other securities of the United States,’ and that he submitted written reports to the President of the United States and to the Attorney General of the United States, and that the charges were the subject of inves- tigation and report by a committee of Congress. It thus appears that the efficiency, and to some extent at least the integrity, of the Treasury De- partment has been seriously chal- lenged and that public confidence in that department might have been im- paired. Not only was the head of the department and the President in- terested, but the matter was of vital concern to the public. “These charges had been given wide publicity and it may be assumed that the President desired from the head of the department involved a compre- hensive statement of the facts as they appeared to him. Even though the President had not requested such a statement or report, it certainly was not beyond the scope of the Secre- tary’s duty and authority to submit one. Moreover, failure on the part of the defendant to make a report to the President might have given rise to or justified the implication that the charges were not without founda- tion. Other Cases Cited. “The motive underlying the dis- charge of an official duty is not ma- terial. ‘Public policy affords absolute protection and immunity for what may be said or written by an officer in his official report or communication to a superior, when such report or com- munication is made in the course and discharge of official duty. Otherwise the perfect freedom which ought to oxist in the discharge of public duty might be seriously restrained. Of course, when a party steps aside from duty to introduce into his report or communication defamatory matter wholly irrelevant and foreign to the subject of inquiry, a different ques- tlon is presented.’ De Arnaud vs. Ainsworth, 24 App. > 178. “In Spalding V. Vilas, 161 U. 8., 483, 498, the court sald: ‘We are of opin: jon that the same general considera- tlons of public policy and convenience which demand for judges of courts of superior jurisdiction immunity from civil suits for damages arising from acts done by them in the course of the performance of their judicial functions, apply to a large extent to official communications made by heads of executive departments when ongaged in the discharge of duties imposed upon them by law. The in- terests of the people require that due protection be accorded to them in re- spect of their official acts. * ¢ * In| «xercising the functions of his office 1he head of an executive department, | keeping within the limits of his au- thority, should not be under an ap- prehension that the motives that con- | trol his official conduct may, at any |4 time, become the subject of inquiry in a civll suit for damages. It would seriously cripple the proper and ef- fective administration of public af- fairs as intrusted to the executive branch of the Government, if he were subjected to any such re. straint. He may have legal authority | to act, but he may have such large | discretion in the premises that it will not always be his absolute duty to exercise the authority with which Me is invested. authority, his conduct cannot be| mnade the foundation of a suit against | him personally for damages, even if the circumstances show that he is not disagreeably impressed by the fact that his action injuriously affects the claims of particular individuals.’ Giving of Views Justified. “But, it fs insisted, even if it be assumed that the report to the Presi- dent was of an official character, the Seoretary has interjected defumatory | matter wholly firelevant and foreign | 0 the subject under discussion, so 1hat there has been such abuse of the privilege as to place the communica- tion beyond the rule and to destroy the general immunity. The basis for this contention is the challenge of vlaintiff’s good faith and the char- noterization of the charges as un- ‘ounded. When it is considered that after the plaintiff had been engaged | in conducting an investigation for a veriod of almost three years and had ng to the Secretary, pro- cup and will be acclaimed International But if he acts, having | ¢ | the President would not have formed the Future,” “The Japanese Govern- ment” and “Japan and the Orient.” In the international finals in Wash- ington on October 14 the Japanese spokesman will compete with the rep- resentatives of England, France, Can- ada, Mexico, the United States and the Hawailan Islands. The winner will receive a handsome silver loving champion. Assistant U. S. Attorney for D. C. to Enter Private Practice. John M. Littlepage today turned in’ his resignation as assistant United States attorney for the District of Columbia_to become effective March 15. Mr. Littlepage will become asso- clated in the practice of law with his father, Thomas P. Littlepage. Mr. Littlepage has served as an as- sistant United States attorney since last August and although one of the youngest men to gerve in this capaci- ty in the District he was looked upon with great favor by Maj. Peyton Gor- don, the United States Attorney, who accepted his resignation with much re- gret and expressed himself as being especially well pleased with the serv. ices rendered by his young assistant. —. Seek Woman in Shooting. With two bullet wounds in his back, Richard McClure, colored, 1901 Sev- enth street, is in a serious condition in Freedmen’s Hospital, and police are searching for Annie Johason, alias McClure, colored, 85 years old, his alleged assailant. They are alleged to have had a quarrel on the second floor of 1840 Seventh street yesterday and the shooting resulted. sumably capable attorney to consult with Mr. Brewer and ascertain what facts he had developed, after which Mr. Brewer had requested three ad- ditional months and thereafter sub- mitted a report to the Attorney Gen- eral, which, in the view of the Secre- tary, contained no evidence justify- ing the charges; that this report was referred to the Treasury; that the Sec- retary answered the report in detail, stating that ouf of approximately $100,000,000,000 principal amount of securities retired by the register of the Treasury during the period 1917 (o 1922, there had been a loss of only $13,100: that, notwithstanding all this, the plaintiff persisted and inspired a congressional investigation, according to the Secretary, by a committee for which he was counsel; that no oppor- tunity was offered the Treasury to cross-examine witnesses or make ex- planation or defense; we say that, when all these circumstances are con- sidered, the reasons for the Secre- s comment become upparent. The communication relates exclusively to the charges, to the plaintiff’s con- nection therewith and to the views of the Secretary as to the absence of real foundation for such charges. ther the views expressed by the Secretary are correct of incorrect is not a controlling factor. The question is. was he justified, in the circum- stances, in expressing those view We think he was. “In the absence of any averment that this communication was pub- lished prior (o its being sent to the | President, to whom it was addressed, | we may assume that it was not. Cer- tainly we would not be justified in suming that the head of a depart- ment of the Government and member of the cabinet would make public such & communication or report in vance of its receipt by the President or without the approval of the Presi- dent. And, since publication of this official communication or report by the basis of an action for libel, we are unable to percelve why its pub lication under the presumed direction of the President could have any other effect. “It is conceded in the briefs of the parties that this communication appeared in the Congressional Record of March 3, 1925, mlleged in the declaration as the date when coples of the communication were furnished certain_newspapers. Counsel for the plaintiff contend that the giving of the communication to the newspapers must have preceded the publication in | the Congressional Record. views already expressed, we deem it unnecessary to determine this ques. tion. But see De Arnaud vs. Ains- not, ascord! sressed beyond the point of suspicion and @eduction: that the President ha designated a disinterested anA p) worth, 24 App.. D. C., 167, 186. “The decree is reversed, with costs, and the cause remanded.” have been in progress almost since they began serving their sentences. e e i NEGROUNDER QUIZ INGLUBBIG ASE Alexandria Arrest Follows Alibi Plea of Prisoner—Two Victims Improve. Special Dispatch to The Star. ALEXANDRIA, Va., March 7.—On request of Commonwealth's Attorney W. W. Farr of Fairfax County the police here are hclding Webster Saun- ders, colored, for investigation of his statement that Louis Boersig, charged with the clubbing of Mrs. George Ridgeway and her two children, one of whom died, was not a caller at his | home Friday last, shortly before the attack in Mrs. Ridgeway's home, a mile gouth of here. The negro was armed with a razor | when arrested in his home. A daugh ter of Boersig told Boersig’s wife she had seen her father enter the home of the negro, and Mrs. Boersig gave this information to the police, who communicated with the Fairfax Coun- ty authorities. Boersig, who is held at the Freder- ick County Jail at Winchester for safe keeping, has told the sheriff there that he was not the assailant, and Farr has arranged to go to Win- chester to question the prisoner and compare notes. An investigation of the prisoner's finger nails to deter- mine whether traces of blood or flesh from the woman who had been clawed in the attack could be found, fafled to reveal anything incriminating, accord- ing to the Winchester police. Mrs. Georgd Ridgeway, who iden- tified Boersig as the man who forced his way into her home and attacked her small defenseless family, and Catherine were reported much im- proved today. An infant escaped. PRISONER PLEADS ALIBI. Special Dispatch to The Star. WINCHESTER, Va., March 7.—Louis Boersig, held incommunicado and under strong guard here, charged with the murder of Loretta Ridgeway, 6 years, and the brutal beating of the child’s mother and 4-year-old ' sister Catherine, in their home a mile south of Alexandria, says he did not commit the crime. ’ The wrong man has been arrested, Boersig told Sheriff Luther Pannett. He said he will prove an alibi when his hearing before u grand jury at Fairfax is called the latter part of this month, if given an opportunity to summon witnesses and testify. KILLS UNWED DAUGHTER. Mother of 10 Shoots Girl She Finds ‘With Infant. RED BANK, N. J., March 7 (#).— Mrs. Christine Stavole, mother of 10 children, today shot and Killed her ear-old daughter, Rose, when she vered the unwed girl cowering in the basement of her home with a new-born child. The mother then begged police to Kill her. The baby was dead when found by police. Mrs. Stavole murder. is charged with La Follette Plans Health Trip. Senator La Follette of Wisconsin will go to Pinehurst, N. C., for his health in a few days. He was ordered to bed during the last days of Con- gress, suffering from a severe cold. BAND CONCERT. Under the | H TOMORROW. i By the United States Soldiers’ Home Band Orchestra, at Stanley Hall, 545 o'clock, John 'S. M. Zim: leader; Emfl A. .Fenstad, leader. : never gave out any statement except that I am going to Mexico on account of my brother's illness. But since I have started to leave these imagina- tive newspaper men have created de- lusions in their minds and have in- flicted them upon the public. Their reports on my mission to Mexico were distorted and falsitled.” Asked about the status of relations between the United States and Mex- the ambassador replied: ‘They are as acute today as they were three or four months ago, but 1 am hopeful for an adjustment and an_understanding.” The Mexican representative said he expected to be in Mexico City several days or several weeks, according to the condition of his brother, but it is his intention to return to his Washing- ton post as soon as possible. “The Associated Press can tell its | readers that I was not recalled by ‘President Calles,” he said. “Neither was I given my passports, but am merely on my way to Mexico City to visit a sick brother and then return to ‘Washington.” HART EXONERATED IN TEACHER'S DEATH Cleared of Blame in Auto Crash in Which Miss Clements Was Killed. A coroner's jury today exonerated Harry B. Hart, general service man- ager of the Sterrett Operating Serv- { ice, Inc., of culpability in connection with the death Saturday evening of Miss Barbara C. Clements, 22 years old, teacher at the Plerce-Webb School, who was killed in a collision between her sedan and a car driven by Mr. Hart. The jury held that the death of Miss Clements was due to an accident. The collision occurred at street and Florida avenue. First Taking | the stand on his own behalf Mr. Hart stated that he was going north on First street at a moderate rate of speed and when he reached Florida avenue glanced to the right and then to the left. As he looked to the left, he said, he saw Miss Clements’ automobile, which was going east on Florida avenue, and realizing that a collislon was imminent swerved his car just as her machine swerved. Mr. | Hart was visibly affected as he gave his testimony and stated thatthe ac- cident represented the first that he has had during the 27 years he has driven a_car. Mrs. E. H. Grifith, 1430 G street northeast, who, with her mother, brother and two children, were in the car with Miss Clements, gave her ver- sion of the fatal crash. She stated that when she saw the car driven by Mr. Hart approaching she turned to look at Miss Clements, whv was driv- ing the car and was seated next to her. As she turned her head, she said, the collision occurred. Her 12-year-old daughter, Grace, who was sitting on the rear seat and sustained an in- jured shoulder, told also of the acci- dent. Other witnesses included Robert E. Peterson, 816 Sixth northeast, who took the girl to the Sibley Hospital, and Joseph Leitch, 17 years old, 4911 Seventh street, who puiled Miss Clem- ents out of her car, which was over- turned. l} Explosion Wrecks Portion of Buffalo Plant With $400,000 Damage. By the Associated Press. BUFFALO, N. Y., March 7.—Two men were killed by an explosion early today in the Atlas plant of the Stand- ard Ol Co. Four others were missing this morning. An ammonia tank in the paraffin plant blew up, wrecking that portion on the property and shaking houses for blocks. Patrick Kirby, 40, assistant pumper, and Clarence Christ, 37, Kirby’s help- er, were killed. | The company was conducting a check of its night employes early to- day in an_ effort to ascertain the identity of the four employes reported missing. Flames were unchecked this morn- ing, but on account of the units of the big industry being isolated it was thought there was no danger of the | blaze spreading. | The body of Kirby was recovered, having been blown almost clear of the debris. Firemen donned gas masks in _an effort to locdte the helper's | body, but the heat drove them back. 1 Police and firemen carried several farhilies from their homes. Mr. and Mrs. John O’Connell and their five children were hurled from their beds. | o near was their home to the explo- sion that they were wrapped in blan- | kets and carried ou { The blast tore down light, telegraph | and trolley wires. A fireboat could not reach the scene because there was no power .to work a drawbridge. | Bricks and pleces of scaffolding were | tossed 250 yards. The detonation was felt in Lackawanna, two miles dis tant. 3 An official estimate placed the loss at $350,000 to $400.000. PLANS FOR WIDENING 5 STREETS COMPLETE Preparations for carrying out the District street-widening program for the current calendar year were com- pleted today by the highway depart- ment. The program calls for the | widening of flve streets and. will in- | volve a total estimated cost of $275,000. Appropriations for the five proj- ects are contained in the District appropriation act for the next fiscal year, but are available now. Bids for the work will be opened next Monday. The work consists in the wideneing, paving and repaving the roadway of Connecticut avenue from Dupont Cir- clo to Florida avenue from its present width of 50 feet to a width of 80 feet: the roadway of Twelfth street from E street to Pennsylvania avenue rom 38 foet to a_width of 48 feet; the road- way of Thirteenth street from I to K streets from 40 feet to 70 feet, and the roadway of this street from K street to Massachusetts avenue from 32 feet to 70 feet; the roadway of Fif- teenth street, on the west side of Mac- Pherson Square, from I to K streets, from from 40 feet to 60 feet, and the roadway of this street from K_street to Massachusetts avenue from 32 feet to 70 feet, and the roadway of H street from Seventeenth to Eighteenth straets from 32 feet to GO feet. Dr. Stinnes Drops $30,000,000 Family Feud New Fortune in U. S. And Plans to Build By the Associated Press. BERLIN, March 7.-—Disgusted with a two-year family feud over adminis- tration of the $30,000,000 estate of Hugo Stinnes, the great industrial magnate's eldest son, Dr. Edmund Stinnes, plans to leave Germany and build up a new fortune either in the United States or South America. . He Is suing in a Berlin court for divorce from Frau Margaret Stinnes on grounds of estrangement caused by his long absence investigating busi- ness possibilities in America last year. substantial settlement upon the wife is reported to have been agreed upon. Under German law their two infant girls, being under 6, would remain with the mother. Dr. Stinnes will renounce his Ger- man citizenship, sell his beautiful villa in a Berlin suburb and attempt to; reach an agreement with his mother | and brothers for a share In his father’s fortune. He plans to rein- vest the proceeds in American enter- prises not connected with coal, ship- ping or steel, in which his father was extensively interested. He stated today that he might land either in New York or San Francisco | within a few months, but declined to say what business he: would take up. He asserted plainly that his break with the rest of the family was com- plete. He was specially bitter against his brother, Hugo, jr., whom he openly attacke: week in con- nection with the of the Vienna properties of the estate; | cer snatched up the bomb, which | bomb inside the church entrance and | halt. | Ricei, arrested in Oakland in 1922 dur- {Ing the Southern Pacific strike. of fanatics Fuse Snuffed Out. ‘While two officers turned the guns on the fleeing men, another offi- as made of 26 sticks of dynamite, and snuffed out the spluttering fuse in time to prevent the explosion. Charles Moss, alias Celesten Lck- lund, the wounded man, disclaimed all connection with the bombing at- tempt, saying he had gone to the church to pray and was not with the man who was killed. Ecklund was shot when, on running from the scene, he reached for his pocket. A policeman opened fire and he dropped with a charge of heavy shot in his leg. It developed that he had been attempting to pull a Bible, and not a gun, from his pocket. The detectives laid an elaborate trap for, the dynamiters. For several | weeks séven policemen were stationed | inside the church and two in a window across the street, while a tenth police- man, regularly guarding the church, paraded back and forth in front. The tenth man feined weariness as dawn approached, and after yawning lazil; went inside the church as to sleep. The concealed policemen communi- cated by an electric buzzer system, and after the visible guard had di peared, the detectives renewed the vigilance. Shots Follow Flight. Two men approached, one on eacn side of the street. The unidentified man dropped the elaborately prepared fled when the officers ordered him to Two shots killed him instantl, Police said Ecklund admitted that he had been arrested in Seattle as a war-time 1. W. W, Police surmised, following identifi tion of the dead bomber’s revolver as one sold by a pawnbroker to G. Rieci, that the body might be that of Gaetano Mrs. Adele Motroni of Sacremento identified the body as that of a man who had three times tried to bomb her house in that city, and Manuel Alvarez, San Francisco, identified it as that of a fanatic street preacher. ANNUAL LEN'E SERVICES ARE OPENED AT KEITH’S Dr. Earl Wilfley, Pastor of Vermont Avenue Christian Church, Gives First Sermon. The annual Lenten services held under the auspices of the Laymen's Service Assoctation of the Episcopal Diocese of Washington, in co-opera- tion with the Federation of Churches of the District, were opened at Keith's Theater today at 12:30 o'clock. Rev. Dr. Earl Wilfley, pastor of the Vermont Avenue Christian Church, spoke of “Glory of the Seeking of the Saviour.” Dr. L. W. Glazebrook, chair- man of the committee, presided. Pray- er was offered by Rev. E. C. Berry, pastor of the Calvary M. E. Church, South. The choir quartet of Foundry M. 1. Church sang. Dr. Wilfley also will address the meeting tomorrow and Wednesday. Page McK. Etchison will preside. Rev. James T. Marshall, pastor of the Georgetown Presbyterian Church, will offer prayer. The services will be held daily throughout the Lenten season, with & meeting of the officlal board, during | { which Mr. Crouch, John E. Steele and ; Robert E. Maddox were not active RobertE. Maddox were ousted from that they were not active members of the church. This trio, together with James F. Cloey and Andrew | M. Steele, trustees, are named as | defendants in the court proceeding. Four Trustees Complainants. The complainants are four other members of the board of trustees, John E. Taltavull, sr.; Edward Paint- er, William A. Havenner and Earl L Schwenk, who say they constitute majority of the board, and 35 mem- bers of the church. Mr. Havenner, Mr. Schwenk and Mr. Painter were ap- pointed to the board at the February meeting, the court is told. { There are two versions of what hap- pened at the next meeting of the board {and the membership last Wednesday | night. According to the petitioners to the court, the only action taken was the ousting of Mr. Cloey as treasurer {and the substitution in his place of { Mr. Taltavull, sr. The court is told that shortly after | jthe meeting had begun “the said | Crouch, without waiting for the 1 formality of recognition by the pastor who presided as chairman, took the floor and entered into a verbal tirade and accusation against the pastor and against every one in general who did not agree with Lim, and who sup- ported the membership of the church in reference to ousting him from office as a member of the board of trustees. Accused of Filibustering. | ke carried on very vehemently with same, under objection, for period of approximately three hours, and when he was asked to desist from what was apparently a fillbustering proceeding on his part, he repeatedly declined to do so. “He defied the chairman and the large majority of the membership present. He became abusive and vil- lifying in his remarks at the outset of the meeting, so that it appeared for a time as though there was going to be physical combat and some of your petitioners, anticipating possibili- ties of such, had previously arranged for the presence of 5 or & police of- ficers to be close by the church in case their services should be required. 'Because of the manner and vitu- perative speech of said Crouch it was found advisable to call the officers into the church, that they might preserve order during the meeting, which was done. “They (your petitioners) further aver that sald Crouch acted unrea- sonably on the occasion of this meet- ing; that it was impossible to stop | him in his conduct, unless there had been a resort to force, which was, of course, not to be thought of in such a meeting. Crouch, supported by the defendant Steele, and others of the defendants, announced they would not vield their positions as members of the hoard of trustees and made their boast that unless they were permitted to dominate such church organization there would be no such organization, as they would ruin the same.” " Found Church Closed. The night following the stormy the board of trustees on the ground|-—- al DEMOCRATS'UPHELD (Continued from First Page.) made during his primary campaign Two supporters of Col, Smith, Samuel Insull, Chicago public utility magnate who has admitted that he contributed upwards of $170,000 to uid Smith in his campaign for the nomination, and his attorney, Daniel T. Schuyler, also are recalcitrant witnesses und hav. been cited by the Reed comunittec They have declined to answer ques tions on the ground that some of t contributions made by Insull were influence the nomination of local off cials. Want Unqualified Ruling. ¥ederal control over State primaries for the selection of party candidates fr~suently discussed in Congress, and recently recelving much attention in with senatorial elections and Pennsylvania, was the question_before the court. The Federal District Court for | Western Texas, where Nixon soughi 1$5,000 damages for alleged deprivation of rights under the Federal and Texas | Constitutions, dismissed the suit, hold ing that no question within its juric s presented. .The Supreme urged, because af the im portance of the controversy, to dis- pose of the appeal on its m announce in unqualified terms exact relationship of “primaries “elections.” As analyzed by “the courf, during oral argument. the controversy was narrowed in s constitutional as pects to the question whether party primaries are elections. The constitu tional guarantee against discriminat ing on account of race, color or previous condition of servitude had been annulled, and his rights as a citi zen of the United States fo “vote had been abridged, Nixon contended. by the law of Texas under which negroes are prohibited from v in Democratic primari Party Called Private. The fifteenth amendment to the Fed eral Constitution was restricted, he asserted, to the right to vote. Demo cratic_primaries in Texas were ducted, he asserted, for the selection of candidates by voting. Declaring that he had long been a Democrat and had complied with all Jaws regu lating the qualification of voters in the State, including the payment of poll tax he denied that the execu tive committee of his party's organi zation in Texas by a flat could law fully prohibit him and other negroes affiliated with the Democratic part; from voting in party primaries, or that the State Legislature could enact a law which would be valid to give effect to such an order. Declaring that the Democratic party in Texas was a private organization, which financed itself, one of whose functions was to select candidates to be voted for at the general elec tions, . the State of Texas rted that to demy such an organization the right to lay down its qualifica tions for membership, would be to deny the member fundamental rights as American citizens. to meeting outlinéd was praver meeting night, the court is informed, and when members of the congregation appeared for the prayer meeting, they found the church closed and a sign on the door announcing that the building was closed “by order of the board trustees.” The following day a large piece of crepe was found tied to the door of the church. The court is asked to protect Mr. the exception of Sundays, from 12:30 to 1 o'clock. The services are bein, broadcast by radio station WRC. NOONDAY LENTEN SERVICES B. F. Keith’s Theater 12:30 to 1 0’Clock Speaker Tomorrow: Rev. Earle Wilfley Services Conducted by Rev. James T. Marshall Mossburg as pastor of the church, to prevent the defendants from hindering erty, to restrain them from acting as a board of trustees, to restrain Steele from acting as superintendent of the Sunday school, and to require Mr. Cloey to make an accounting of funds. TEACHER ABUSED. MANILA, March 7 (#).—The Times says Principal James A. Wright of the Trinidad Farm School at Baguio, not only was tied to a post by riot- ing students yesterday, but also was ducked in a brook. An investigation of the incident has been ordered by Gov. Gen. Wood. The cause of the riot has not been made known. A dispatch to the Times from Baguio further developed that Wright was rescued from the students by a wom- an friend and a party of her acquaint- It previously was reported effected the rescue. married. It was well known, the State an nounced, that the Democr > party in Texas s white man's party, and that white people have just as much right to organize their own private political pa generally to vote at general elections. MRS. N. S. SCHLEY DIES IN PLUNGE FROM WINDOW |any one from using the church prop-| gy tne Associated Press. NEW YORK, March 7.—Mrs. Nath- alie Seible Schley, widow of Buchan- an Schley, jr, who was deputy col lector of the port of Baltimore in the administration of President Cleveland. died today after a fall or a leap from a window of the 15th floor of the Hotel Buckingham, in West 57th street. The body, fully clothed, was found on a roof over an extension on the second floor by her son, Buchanan Schley, a cotton broker, who lived in a suite with his mother. Mr. Schley knocked at his mother’s door to greet her this morning and, receiving no response, walked in. Looking out of the open window, he saw .her body on the roof below. Mrs. Schley’s husband, who died here on Nov. 15, was for 20 years a member of the New York Cotfon Ex- change and- was a first cousin of the I#e Admiral Schley. of Spanish - Rim as had citizens . ’ / { 4 ) "