Evening Star Newspaper, November 4, 1927, Page 6

AUTHORITY OF U.S. IN AIR QUESTIONED 2% Government Power Over In- +t trastate Flying Is Chal- E lenged in Reiss Case. The power of the Federal Go ment to assume police Jurudlcuon over airplanes not enxaged in inter- state commerce was challenged today by counsel for sruan A.. Ra\n. Wash- ington aviator, whose license has been spended on a charge that Relss flew low in an airplane over Hoover Field at South Washln:tan Va., in October, and killed a Appearlnz befors Assistant Secre of Commerce William P. Mac: Cflcken in charge of neronanucu Reiss_and_Jesse Duke, his counsel, said the Commerce Department has no jurisdiction over planes engaged in intra-State commerce and that it is impossible for the department to con- sider the matter at all unless. the question of interstate commerce can be brought in. Among the witnesses summoned to appear at the hearing on the 90-day revocation of Reiss’ operating license ‘which is now in effect, were Willlam Mitchell, former assistant chief of the Army Air Service; Robert Nungesser, ‘brother of Capt. ‘Charles Nungesser, missing French war ace; William C. Gloth, commonwealth attorney for Arlington County; Henry Berliner, one of the owners of the Potomnc Flying Service, which engaged Reiss as a pilot, and Howard Fields, sheriff of Arlington County. The hearing today test case to try out the constitution- ality of enforcement of the air traffic regulations by the Department of Commerce. Basing his argument entirely on constitutional grourds, Mr. Duke chal- Jenged the entire proceedings and D. J. KAUFMAN'S Fourth Annual D" | Reiss is alleged said that the Nnuon in 8o far as air oo moreo is , is at a crucial It we are to’ -npervlu 25, 000 000 tutuu nvlators. aviation,” Mr. Duke said, as universal as rnatnrlnz ll today within a space of He argued that police wer over flying should be delegated to the States just as the States now tml their motor roads and that eral Government has rm to murtm in a case which he ed should be pmsecuted by the s ate of Virginia. In addition Mr. Duke sald Congress has violated the Con-iPlata. A corone: stitution by delegating all three of the encutln, legislative and judicial s in control of air craft to the parlment of Commerce. Duke pointed out to Mr. Mac- crflckml that the plane with which to have killed the pony was éngaged on a test flight, without passengers, and not in inter- state commerce. BLADENSBURG MAN SHOT BY WIFE, DIES; WOMAN ARRESTED (Continued from First Page.) there just ahead of me, was looking on. Hartley raised up on his arm lni I heard him say to his wife: ‘Wh did you shoot me? She nnswered him: ‘For the same reason that we were separated.’ Hartley then said: ‘I 1aid my gun and flashlight on the pantry shelf and you shot me with my own gun.’ After that ha did nct talk, he seemed in great pamn and was unable to move much. Other neighbors were looking up a doctor, but 1 sent for an ambulance, and when it came Mrs. Hnrtley got into it with her husbanad.” Detectives Frank Varney and H. E. Brodie, who arrested Mrs. Hartley shortly after 9:30 o'clock at Emer- Tonight, 8 P.M. “Young People’s Service” At the 6th St. Synagog THE mnuy Hospital, reperted that when they questioned Hartley about the shooting all he could tell them was: “I was sitting in a chalr smok- lnt & cigarette when the shooting sutu Attorney J. Frank Parran of Prince Georges county where the shooting occurred, ordered Mrs, Hart- ley held wlthout hall A hary murder in the first degree warrant a im- | was issued by Comublo Claude Reese and preparation was made for Mrs. Hartley's removal to the jail at La a T’ inquest was post- poned until Monday at 7 p.m. It will be held at Hyattsville. Carried Gun in Car. Mrs. May McFarland of Hyatts. ville, sister of the sla'n man, stated that she did not believe the shooting was “accidental.” Hartley had call- ed upon his wife in answer to her invitation for dinner yesterday. He was in the habit of carrying his re- volver and a flashlight in his auto- mobile, she said, and when he entered his former home yesterday evening he brought the gun into the house with him and left it in_the pantry. The two children, Doris, 11, and Robert A., jr. were the only wit. nesses to the shooting. They were taken to the home of Mr. Burton, a neighbor, where they spent the night last night after their mother and father had gone to the hospital. To- day they were turned over to their paternal grandparents in Bladensburg. Hartley will be buried in Hyatts- ville, relnlves said this morning, and the funeral will be held Sunday. — mark has more than 50,000 un- employed, but the number is dimin- ishing. CALIFORNIA DELEGATES DECLARED FOR HOOVER Shortridge Holds Secretary Will Have State’s Backing in 1088 Convention. Convinced that President Coolidge has definitely and posm\ely eliminated himself from the 1928 presidential race, California will send a solid dele- gation for Herbert Hoover to the next Republican national convention, ac- cording to a statement made at the ED \\'Hte Hnu!e today by Senator Short- | i e Senator expressed lhe b(‘ht‘f thll |he Democrats of his State would vote for the nomination of former Senator Phelane He said, however, that regardless of who is mm\mn ted by the Democrats, Califor- 1 n an overwhelming Rq ity. It t Co nolldge had wanted to succeed himself he could have counted upon California 100 per cent, Senator Shortridge said. He added that the President is stronger in that State to. day than ever hefore and that the people, regardless of party, have great confidence and faith in hlm and R hlgh opinion of his administrative THE AVENUE CROWN Our many friends may be interested to know that we are still serving those wonderful dinners. 1to8 PM. 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