Evening Star Newspaper, December 14, 1927, Page 2

JUROR'S PARENTS FACE BURNS MAN Kidwell’s Father and Mother «Meet Sleuth Charged With Visiting Them. The mother and father of Edward J. Kidwell, jr., the juror who played a part in the Teapot Dome mistrial, were hrought dramatically into the courtroom this afternoon during the Sinclair-Burns contempt proceedings 1o confront Frank D. O'Rellly, a Burns detective, who had approached them during the trial. 5 O'Reilly had been under a grueling direct examination by the Government all day when James O'Leary, assist- ant U. 8, attorney, surprised specta- tors by suddenly announcing he was going 1o ask two persons to step into the courtroom for identification. The door opened and a small, timid woman dressed in black advanced slowly to a position in front of the witness, As the stood silently fac ing the detective, O'Leary asked him if he had ever seen the woman before Not Sure of Identity. mositivel think 1 rephied have “t O'Reill seen her. “When,” he was asked. October 24 at # house on the detective replied. The Government altorney asked O'Rellly if he was sure the woman was in the hou: “If she is the same lady shc was in the house,” the witness replied. Three times the Government at torney asked O'Reilly what house be- fore the number was given as 1637 1 street northeast, which is the ad- dress of young Kidwell At this point Attorney O'Leary #aid he was going to ask another person to step into the courtroom. Jdentifies Barber. A man who appeared as large as Juror Kidwell is small walked into the ‘ourtroom and stood silently facing the witness, O'Reilly promptly identi- fied him as the man he had seen in & barber shop in Congress Heights on the afternoon of October 24. “Was it before or after you saw the lady in the U street house that you saw this gentleman?" O'Leary asked. “It was about 15 minutes late re- plied O'Reilly. The Government attorney then took the witness back to events earller in the day until about 3 o'clock, when Charles G. Ruddy, contact man be- tween the Burns detectives and Henry Mason Day, vice president of the Sin- clair Exploration Co., gave him in- structions to “look up a barber named Kidwel..” The witness testified that he was in- structed to locate the man's place of business and to get a description of him, so as to provide for identifica- tion' If necessary. Called Kidwell's Brother. “Did Ruddy say anything about ror Kidwell at that time?" asked O'Leary. “He said very frank! was Kidwell's brother, testified. Government counsel sought at this time to find out whether O’'Reilly had | any other person under surveillance prior to October 24. During the ob- jections raised by defense counsel Neil Burkinshaw, assistant United States attorne marked that O'Reilly was a “roper.” The term ‘“‘roper” is applied by detectives to an operator who obtains the information by pre- text from a subject, according to pre- vious testimony given in court, m}im. counsel for Harry F. . the-oll ‘magnate cited for contempt, objected to Burkinshaw in- 1errupting proceedings. The court silenced further interruptions by ‘banning them. Denies “Roping.” Government counsel next asked the witness if he had ever done any gen- eral surveillance work that would in- clude “roping.” O'Reilly replied indig- nantly that he had not. Upon receiving Ruddy's instruc- tions the detective related that he went 10 the Mayflower Hotel to make in- quiries from the city directory con- cerning locations in Anacostia where the Kidwells resided, and then went to the addresses, At the barber shop in the basement of the Myrtle Hotel he found Kidwell's father, when ihe Burns people thought ali along was a brother of the juror. “Did you have a talk with him?" asked counsel, “I did,” the witness replied. At this point O'Leary said he was not going to ask the witness ahout what was said during the con- versation. After these two visits, the one to the Kidwell hume and the other Lo the barber shop, the detective testified he returned to the Wardmen Park Hotel to report to Ruddy on results. Mr. Day was in the room, he added, within hearing distance, but made no remark whatsoever. Return to “Pep” Meeting. Going back to testimony given earlier in the day relative to the Burns “‘pep” meeting in the May- flower Hotel after midnight of October 283, Government counsel asked the wit- ners if anything was said then about Juror Kidwell. “To the best of my recollection nothing was said about him,” O'Reilly’ stated. Government counsel attached con- siderable importance to the approach of Kidwell's father, and also to the admission made by the juror to the effect that he was conscious of being shadowed during the trial. Instruc- tions given the Burns operatives, according 1o the returns filed in court by respondents, was that no detective should approach a juror or annoy them. . Interest in the contempt case Was stirred for a brief period by the in troduction of activities of Willlam J. McMullin, former Burns detective, who “played along” with the jury xhadowers after reporting to the Gev- ernment he had been “induced” to make # false affidavit about a Depart- ment of Justice official. O'Reilly, contact man between Ruddy and the Burns operatives em- ployed to trail the jurors, was on the witness siand. He had been ques- tioned by Leary as to who he had re- ceived reports from October 23. The witness said he had been {n communi cation with McMullin, who was known 1o the Burns operatives as 136, William V. Long. Ordered Brought in. “Do you see him here?” the Gov- ernment attorney asked. There was suspense in the court- room for McMullin's connection with the case has been a continuous sore spot o the Sinclair defense. The detective looked about the court . but could see no sign of Mc cannot say “but 1 may ‘On strect,” hat the man the witness him in the courtroom.” George P. Hoover, counsel for Har F. Sinclair, demanded sharply. O'Lea jumped to his feet excitedly and inter jected Nor Justice Siddons permitied question ing of the witness, and he related at ubout 145 u'clock Sunday morning, October 3. he had gotten in touch with McMullin regarding his activities of the previous day. “McMullin said he had secured the Jicense number of an Oakland car, which car had followed Juror Nor- man L. Glascock to the Potomac Fly- ing Field,” O'Reilly stated. “The occupant of the car had en guged the juror in conversation for ahout “5 minutes. MeMullin gave me Yhe license number and ashed me o WILLIAM 8. SHELBY. look it up. using the night servica at police headquarters. I told him there was no necessity for doing this until Mondav morning. Later McMullin asked him if he had looked up the license number and was told that it had been done. In the alleged false afidavit, made by McMullin, the car in question wa stated to be that of Horace R. T Lamb, special assistant to the A (orney General, an interested spectator during the proceedings today. Acrimonious verbal clashes between couneel, which occupied at least two- thirds of the morning session. gave a dash of red to an otherwise colorless ny. Mr. Hoover repeatcdly took excep- tion to the manner in which Govern- ment counsel directed the examination of the witness. The Sinclair attorney protested on several oceasions against “trick questions” put to the witness, and on other occasions various of the nine dsfense attorneys sought to block testimony which prolonged the pro- ceedings. At one point, O'Leary asked O'Reil- v if his reports had always contained cuthful statements,” when Hoover objected. The Government attorney protested that counsel for Sinclair was evidently trying to “protect thz witness Resents “Insinuations.” Mr. Hoover's face flushed as he jumped o his feet to tell the court that he “resented this insinuation.” The records show that the Govern- ment counsel been trying to trick the witness, Hoover protested. and added that the Government evi- dently was dissatisfied with the testi- mony it was getting from O'Reflly Frequent and bitter clashes between dofense and Government counsel over admissibility of evidence marked the STAR. WASHINGTON, DN. C., SHELBY ASSUMES POST TOMORROW Inspector Is Made Assistant Superintendent of Police. Inspector Willlam S. Shelby tomor- row will hecome assistant superin. tendent of pelice, filling the vacancy created by the death of the late Charles A. Evans. ‘The promotion of Inspector Shelby was ordered by the District Commis- sloners yesterday afternoon. on recom- mendation of Maj. Edwin B. Hesse, superintendent of the Police Depart- ment, who described him as “a stu- dent of police history and a most capable police offici Personnel Shake-Up. With the promotion came a reor- ganization of the administrative per- sonnel. Henry G. Prait. senior as- sistant superintendent, was given the additional title of “supervisory us. sistant” and placed in command of the Detective Bureau and all the uni- formed force except the Traffic Bureau. Pratt _has_been in command of the Detective Bureau only, Shelby, with the subtitle of ad- ministrative assistant, will have | charge of the personnel work as he now has, as an inspector, the Traffic Bureau, hack inspector's office, cus- tody of clothing and property, the repair shop and the Telephone Bureau. Maj. Hesse plans to place an officer in active charge of the Detective Bu- reau under Pratt, but the assignment has not been made. It is not in- tended, however, to name an inspector 1o succeed Shelby. As a resuit, the number of inspectors will be veduced trom five to four. Appointed in 1902. Under the reorganization the chief clerk of the Police Department, the ‘Woman's Bureau and the Boaid of Police Surgeons are still left report- ing directly to the major and super- intendent. Shelby has been connected with the Police Department since 1502, when he was appointed a private, In 1913 he was assigned to the Police Court as information clerk to the assistant corporation counsel. In 1917 he was promoted to sergeant and in 1919 he became a lieutenant. Three years later he was made a_captain and in 1924 he was promoted to the rank of inspeetor. . INHERITANCE TAX outset of proceedings when court con- vened , for the morning session. In practically every instance. the court overruled objections made by the de- fense, reserving to them the right, however, a motion to strike out the evidence later. Another violent dispute in which the court took nart also arose when Police Sergt. Frank M. Dent was called to the stand to testify fn con- nection with the shadowing of Juror Kidwell, whose admission that he was conscicus of being shadowed caused a mild sensation last week. Sergt. Dent said he had been about 31 years on the police force. He {dentified one of the Burns men. Daniel E. Merritt. as a man with whom he had a conversation on Octo- ber 25, at the corner of Fourteenth and U streets southeast. Wkile in his automobile. Sergt. Dent tertified ' man came out of a house to make a complaint to him. At this point. defense counsel sought to shut him off. Hoover ob- jected that the testimony relative to the conversation should not be used. As an upshot of bitter wrangling that lasted for about 20, minutes, Justice Siddons overruled the objec- tion and reserved to the defense the right later to move to have the testi- meny stricken from the record. Justice Siddons said each one of the detec- tives was an agent of their employer Day, and for this reason. their testi- mony could be used. Justice Interrupts. At _one noint during the controversy. Justice Siddons interrupted Attorne: Douglas, who represents the senlor Burns, with an admonition not to pre- sume on what impressions the court may have. “I have no impressions whatsoever except those founded on the evidence in this case,” the justice said. The court ultimately disposed of the matter by holding that evidence al- ready had been presented in the case tending to show that the particular stance abbut which Sergt. Dent was heing questioned, had been reported today. Permitted to continue his testimony Sergt. Dent 1clated that he had en- gaged in conversation with a man he identified Merritt, In response to questions put to the detective, Mar- ritt was said to have told the police officer that he had come to Washing- ton that day. that he was a salesman and was living at the Wardman Park Hotel, “I asked him what he was doing in the 1800 block of U street.” Dent said. “and he replied that he had an engagement to meet & gentleman who was to give him employment. He sald this man’s name was' Ruddy, who also was a salesman.” Dent said he then remarked that it must be rather expensive living at the Wardman Park Hotel with no emplo; ment. and that Merritt had showed him his room key. Boarded Street Car. “T then told Merritt that there had been u number of robberies in the neighborhood and police officers might misunderstand if they saw him hang- ing around the neighborhood,” Dent continued. “Merritt then shook hands and walked away. I put out the lights on my car, ran around the block and saw that he boarded a street car.” Later under cross-examination, Sergt. Dent was asked about the first man who had approached him. He said 1t was some one who had spoken to him “about a suspicious char- acter.’ Government Scores. The Government scored heavily ves- terday before putting on the three final witnesses during the afternoon. In direct conflict with the denial made by Mr. Day in his answer to the contempt charge, it was establish- ed through two local real estate men— Britton Browne and Robert C. Dove— that the Sinclair official had made in- quiries through them relative to a mortgage on the residence of Juror John P. Kern On the top of this evidence came other testimony calculated by the Gov- ernment to show that Mark B. Thomp- son, attorney for Albert B. Fall, for- mer Secretary of the Interior and co defendant in the Teapot Dome case, knew of the jury shadowing by the | Burns detectives. This testimony by Dan M Jackson. an atlorney in the Department of Justice. was admit(ed on promise hy the Government to connect it with the respondents later in the proceedings. Seaplane in Peril Landed. TOULON. France, December 14 (®). —A French seaplane \hich sent out an SOS call has landed off Cape Car- honara. on the southeastern end of Sardinfa. naval authorities learned today, Neveral seaplanes and three crulsers joined in the search ior the p'ane, which left Ajacclo, Corsica, for North Africa, despite heuvy ther, Monday. seas and bad ARGUED IN HOUSE Long-Impending Battle Over Rapeal of Levy Opens on Floor. By the Associated Prese. The long-standing battle over repeal ot the Federal inheritance tax broke in the House today, with a number of members demanding that the levy be eliminated from the new tax bill. An amendment was offered by Rep- resentaive merritt, Republican, Con- necticut, to strike the levy from th measure, and House leaders agreed to_allot two hours for its dGiscussion. Repeal of the levy was recommend- ed by Secretary Meflon to the House ways and means committee, but that body refused to carry out the Treas- ury's suggestion in framing the new measure. Debated Subject. Consideration of proposals for ve peal of the inheritance tax proved one of the most controverted subjects en- tering into the committee’s hearings. Charges was made by a number of members that large sums of money had been raised by a lobby in Wash- ington, supported by corporations, to bring about repeal of the tax. Chairman Green and Representative Garner, of Texas, ranking Democrat on the committee, joined in opposing all efforts to abolish the tax. The Republican vote defending the tax bill was pierced yesterday for the second time by a Democratic attack that hit directly at large corporations which file affiliated tax returns. ‘The Democrats, by a vote of 158 to 163, pu* through an amendment which in effect would prohibit parent and subsidiary corporations from filing af- fillated tax returns on their earnings. One Republican, Gifford of Massachu- setts, voted with the Democrats. The proposal. like the one adopted Monday, which would reduce the tax rate for small corporations with a net taxable income of $15,000 or less, is subject to another vote before passage of tha bill. At that time the Demo- crats can be called upon to sustain their positions on a roll call vote. Garner Stands as Sponsor. Roth of the amendments were spon- sored by Representative Garner of Texay, the minority leader on the House ways and means committee, which drafted the revenue measure. ‘He sald that one objection raised to the amendment adopted Monday in favor of smaller corporations was that it would increase the total tax cut nroposed by the committee. Estimat- ing that yesterday’'s proposal applying to affillated returns would affect ap- proximately 950 large corporations and increusa by $24.000,000 annually the Federal taxes they pay, he argued this would benefit 70 per cent of the corporations in the country. Chalrman Green declared that pro- visions in the bill applying to afliat- ed returns has been recommended by the joint congressional committee on internal revenue legislation, and that they were by far the best that could be worked out. He contended that Ihfi, large corporations, despite Gar- ner's argument, wanted the provisions eliminated and that the Texan really was working for their relief, After the Garner amendment had bren adopted an effort was made by Representative Merritt, Republican, Connecticut, 1o obtain a vote on a motion looking to repeal of the Fed- eral inheritance tax. A discussion immediately ensued. and the House finually agreed to post- pone until either late today or tomor- row a vote on the question, which has been one of the most controversial entering into present consideration of tax reduction. The ways and means committee, in drafting the bill, refused, after two days of public hearings, to accept the Treasury recommendation that the ievy be repealed. and a number of House members al that time indicated they would seek to bring the ques. tion hefore the House itself for de- termination Held as “Infringement.” Mervitt argued that the estate levy constituted an infringement by the Federal Government upon a field of taxation belonging to the States and that the Kederal levy had been ap- proved only as a war-lime expedient. Chairman Green, who favors reten- tion of the levy, and Representative Begg. Republican, Ohio, both con- tended the tax was not an invasion of State rights. The House adopted an amendment uffered by Green to provide that no claims in abatement on income, war or excess profils taxes should be filed lin respect to assessments mggde atter the present bill becomes a g One 8till and 50 Barrels of Mash Found, A little bird whispered in the ears of police at the ninth precinet that there was some unlawful distilling soing on at the home of Santo Smi- roldo, at 1260 Raum street northeast, but the little bird couldn’t swear out a warrant. And so Lieut. Gustave A. Lauten and Precinct Detectives C. C. Etepp and Arthur Fihelly scratched their heads and thought for a while. After thinking for a while they fixed up a warrant charging Smiroldo with @ minor violation of the traffic code—a very minor violation. Armed with this warrant, Lauten, Stepp and Fihelly approached the Sm roldo residence at 1 o'clock this morn- ing and rapped upon the door. Within a few minutes Smivoldo opened the Due to “Little Bird's" Whisper to Police door, and made some remarks abou! people who would wake & man up at this hour of the night. The policemen were just on (he point of feeling bad about it when thev detected the unmistakable odor of strong_and illicit beverage. They entered. They searched found 1 still, 50 barrels of mash, 2 half barrels of the completed product, 2 cases of jars of the same and vast quantities of corn susar yeast and_other ingredients, That which would not break they selzed. Included in the latter category were Smiroldo and Geino Roma. who were held on charges of operating a still and illegally possessing and manufac: turing intoxicating beverage They found. SISLER PURCHASED Noted St. Louis Player to Hold First Base for Griffs Next Year. Special Dispateh to The Star NEW YORK, December 14.—George | Sisler, for years one of the outstand- | ing stars of the American League, this morning was purchased by Wash- Ington from St. Louls, and will ve at first base for the Nationals next year. This annbuncement was made by Clark Grifith. president of the Nu- tionals, after a conference with Phil | Ball, owner of the Browns, and while | the consideration was not made pub- lic, it can be said on the best of au- thority that it was $15,000. The Nationals will be forced to ne- gotiate with Sisler whose contract with St. Louis expired this year, but Griffith said he anticipated no tron- ble, He Insisted, however, that no unreasonahble demands by the plaver— for a bonus, for instance—would be granted. The acquisition of Sisler gives the Nationals two excellent first sackers, but there is likelihood that a deal may be announced this afternoon that will take Joe Judge, the other incum- bent, out of Washington. Bucky Harris, manager of the Na- tionals, was in an extended confer- ence with Billy Evans, the new gen- eral manager of the Cleveland club, and Ray Schalk, manager of the White Sox, at noon time, and it was considered highly probable that a aeal invelving another player or players would be consummated. 60,000,000 IN AMERICA NOT CHURCH MEMBERS Spiritual Meaning of Christmas Discussed by Rev. Edmond A. Walsh, 8. J., at Keith's. “There are §0,000,000 people in this country who do not belong to any church and therefore do mot know what the Christmas season means from a spiritual view,” Rev. Edmond A. Walsh, 8. J., vice president of Georgetown University and regent of the School of Koreign Service, de-| clared in his address at the Christ- mas service, held under the auspices of the Federation of Women's Clubs in Keith's Theater at noon today. “The individual or nation which does not build its character on un- selfishness is building a vacant palace with an empty room, Dr. ‘Walsh said referring to the fall of Rome and the fact that this Nation, the greatest and wealthiest of all time. has no divine guarantee that it will not decline. Mrs. Charles P. Grandfield, presided. Prayer was sald by Rev. W. 8. Walte- myer, pastor of the Lutheran Church of the Epiphany. Calvary Baptist quartet, composed of Mrs. Florence Sindell, Mrs. Cleo S. Parks, William F. Raymond and Fred East, accompanied by Thomas Moss. director, sang the “Shepherds’ Christ- mas Song." Rev, Moses R. Lovell, pastor of the Mount Pleasant Congegational Church. will be the speaker tomorrow. Rev. Walter F. Smith, pastor of the Park View Christian Church, will give prayer. The Sacred Heart Choir Quartet will sing a Christmas selec- tion. Mrs. Moffat Bradley, president of the Bible Schools of Washington, will preside, and members of the ‘Woman's City Club will act as ushers, All children of the city are invited to attend the special services Satur- day, when Mrs. Charles Wood will present a Christmas story in pictures. More than 1,000 children attended the Saturday service last year and Mrs. Howard Hodgkins, chairman for that day, is hopeful the number will be ex- ceeded this year. Parents are urged (o accompany their children. i Noted Officer in World War Dies. LONDON. December 14 (#).—Lieut. Gen. Sir Henry Alfred Hervey Alder- son, K. C. B.., Commander of the 1st Canadian Division in- the World War and subsequently of the Canadian Army Corps, dled at Lowestoft this morning at 10:50 o'clock. | vides funds for public buildings | Three Raids Made by DEFICIENCY BILL FORWASHINGTON N CONFERENCE Senate Increases Total of Measure, but Changes No Local Items. hill the The first deficiency items of importance to ment of the Capital and funds needed by the District government plete the current fiscal year, conference today between the branches of Congress, having passed the Senate yesterday evening. fhe Senate made a substantial In crease in the tota! of the bill, but did not change any of the items All that remain: o be done is for the conferees to adjust the differences be- tween the action of the two houses on the national phases of the measure. In addition 1o aproximately §700,000 for miscellaneous requircments of the District, the measure will make avail able $300,000 for purchase of the site for the proposed national arboretum in Washington, $600,000 to begin re- location of the Botanie Garden and $2,100,000 to continue work on the Federal building program in the Penn- sylvania avenue triangle. ‘The list of municipal ftems includes $100,000 for current ropairg to suburban roads, $40,000 for repairs to Chain Bridge, $25,000 for rent of tem porary quarters of municipal agencies required to move to make way for the Government building program and $40,000 for the care of children placed under the Board of Publie Welfare. The total of the bill for all depart- ments of the Government is approx mately $210,000,000. 1t includes money carrying develop- is in two local |10 elevate the big guns on the battle- ships Oklahoma and Nevada and pro- in various States. On motion of Semator Howell, Re' publican, Nebraska, the Senate in- creased from $5,500,000 to $11,500.000 the appropriation for the purchase of the Cape Cod Canal. The Nebraska Senator sald he offered his amendment 1o relieve the Government of more than $100,000 in interest payments on the honds outstanding. in addition to the total provided in the Hill as it passed the House. 32 PLACED IN CUSTODY ON GAMBLING CHARGES Police on Suspected Establishments Re« sult in Big Haul. Thirty-two men were arrested late yesterday afternoon and last night in three raids on alleged gambling establishments conducted by police of the first precinct. This briugs the total raids made by officers of the first precinct within the past week to 10, and records at headquart show that out of 38 persons arrested during thep ast month on gambling charges, 28 were arrested by police of No. 1. who are making a concerted drive 1o clean out their territory. Two of the men arrested last night were charged with permitting gaming, one with setiing up a gaming table and the remainder were booked as disorderly. Those held on the fir: charge are David Samakow. arrested at. 907 D street, and Morgan . Wil- son, arrested at 903 H street, last night at about 8 o'clock. Harry A. Perkins was charged with setting up a gaming table, and was arrested yesterday afternoon at 906 Ninth street. All three men were released on the posting of collateral or hond. ‘They will be arraigned in Police Court Friday, Assistant United States Attorney David Hart stated this morning. GREECE ‘MAY GET SENATE People Wou'd Elect 90 of Body Un- der Terms of Bill. ATHENS, Greece, December 14 (&) —A Dbill has been prepared for the creation of u Senate, which has not existed since 1862. It provides for 90 Senators, to be elected directly by the people. Twenty others will be chosen by commercial. professional. scientific and labor organizations and 10 by the Chamber of Deputies. Sentaors must be 40 vears old. Their term of office will be three yes Liverpool Fears Harbor Blaze as Tanker. Wrecked, Spills Gasoline Cargo in River| By the Associated Press. LIVERPOOL, England, December 14.—Anxiety prevailed along 7 miles of docks today as thousands of gal- lons of gasoline floated several inches deep on the turbid surface of the Mersey River. Police, dockworkers and firemen were on the alert lest by any chance this inflammable fluid be ignited and set Liverpool ablaze. A strong odor of gasoline and naptha pervaded the dock area and streets a half a mile inland from the Mersey, where the tank steamer Seminole broke In two, pouring its inflammable cargo on the, surface of the stream. Throughout the night a tense watch was kept along both shores of the Mersey. Firemen stood by with many thousands of yards of hose attached to hydrants, ready for any emergency. The Seminole grounded vyesterda afiernoon. Thirteen tugs tried des- perately but in vain to dislodge the vessel before the tide turned. Soon the sound of snapping rivets and bursting plates told Capt. Hudson and his crew that the tanker's back had been broken. Immediately the tanks began to belch forth streams of gasoline. ‘The British steamship California, with 1,200 British trocps from the East aboard, which was lying near (l‘he Seminole, was towed to a safe nce, Detroit Police Find Many Citizens Armed With Sawed-Off Sl’lotguns and Pistols By the Associated Preas \ DETROLT, December 14.—There is | considerable police speculation as to why Detroiters sre arming them- selves with sawed-oft shotguns, large- callber pistols and other weapons. Police headquarters learned of the large number of fireayms in the pos- session of reputable citizens when they checked over the registration of Ivu:-nom required under a new State A w. Their first hint that Detroit is well armed cume when the 10,000 regis tration blanks ordered printed to meet the law's requiremcnis were ex hausted the first day With exhaustion of the first 10,000 blanks the police ordered 10,000 more printed, and these in turn were used Letween the rise and fall of a single sun. The surprised authorities then ordered 100,000 more blanks, but reg- istration has continued briskly for several weeks. Already 43,000 citizens have received gun permits in Detroit proper. ‘ Police sald the registrations re- vealed that a large percentage of clergymen possesglarms. WEDNESDAY. DECEMBER 14, They | h, to com- | 1927. MCARL REFUSES - FUNDSFORPODL Construction of Swimming Basin at McKinley School | Is Held lllegal. - ‘ Tiolding that the grounds of McKin- Hiz hool had been purchased “school purps %" and not for or playground pur er General McCarl to- | day refused the use of appropriations | for construction on those grounds of a public swimming pool, already being built there. Contract was let In October by the or of Public RBuildings and Pub arks of the National Capital 1o G Loehler, local contractor, and the swimming pool iz now almost one-fourth complete. Foundations also have been constructed for the bath- houses. The controller general set forth & long arvay of facix presented by op- ponents of the project, by the office of the divector of Public Buildings and | Public Parks, Col. 1. 8. Grant. 3d, | and by the investigatlons of the gen erul accounting office. MeCarl’s Decision. eluded,” said the de- | the grounds of th School were pur ley for | dire lie Tt must b first that High ciston. MeKinley not acquired for parkway or playground puroses: second, that there is no appropriation available for the construction of swimming pools intended primarily for use in connec tion with the work of the schools of the District of Columbia: and third. that the” appropriation of ) made by t t of March 2, 1 the constry o bathing povls iy available only pools located on marily for park, ground purposes. “It necessarily [ollows,” the decision hat as the contract of October was for the purpose for which ation is available. no pay ments thereunder are authorized. Therefore, credit tor any payments heretofore or hereafter made under said contract will not be allowed in | the accounts of the disbursing officer making them." Upheld by Commission. | The National Capital Park and Plan- | ning Commission. to which McCarl) referred the matter in his investiza- tion of the problem, defended the use of the appropriation, sccording to the decision. . Pointing out that the commission had recommended the location. a communication from the commission said, “the location and general desizn of the pools also was approved by the Commission of Fine Arts. The District Commissioners and the Board of Edu cation concurred in the locations of the pools.” The commission also referred to| hearings before the subcommittee of | the House, from which, the commis- sion said, “It is evident that Congress was fully aware of the locations pro- posed for the two pools and made the appropriation for their construction there, and also that. the District En- gincer Commissioner, Col. Bell, repre- centing the municipal authorities who have jurisdiction over the site pro- posed, gave their approval.” The two poois referred to meant one for white persons and another for colored, to be constructed elsewhere. School Uses Denied. | “While the ground on which the pool for white persons is being built was bought by the Board of Educa- tion,” coptinued the commission, “and therefore was appropriated fof with other meneys ‘for school purposes,’ the plans for the development of the ground show that it never was intend- ed for the construction of school build- | ings, but for a playground. McCarl in his decision countered this argument. “The approval and recommendation of the site by the various agencies and individuals refer- red to could not affect the availability of the appropriations involved,” he said. from an entirely different standpoint. It was not within their authority or jurisdiction to determine whether the site was available under the law for the preposed use, and. for the pur- poses of their consideration and rec- ommendation, they no doubt assumed. as of course, that the site was avail- able under the law. Pools Not for Pupils, “While the term ‘for school pur- poses’ is broader or more compie- hensive than the term ‘for the erec tion of school buildings,’"” said Mc. Car!, *and would properly include the construction of gymnasiums, stadiuins and similar facilities for the use of the pupils of the school for recrea- tion purposes and might, under cer- tain conditions, include the construc- tion of a swimming pool constructed primarily for the use of the pupils of the school if such pools were deemed necessary for the proper recreation or instruction of the pupils of the school, the pools provided for under the ccn- tract here involved are not intended primarily for the use of the pupils at- tending the McKinley High School, or to be used in connection with any au- thorized school work.” McCarl makes no reference to the pool for colored, which is to be con- structed on grounds of the colored junior high school in Georgetown. The wmatter was first referred to McCarl by the McKinley Technical High School Alumni Assoclation. Col. Grant Thdicated today he would ask McCarl for a reconsideration of the decision, on the grounds that Con- gress appropriated the money for the express site and for the purpose intended. on of t acquired pri or land parkway ACCUSED OF FAKE TESTS. | Early Trial Predicted for Chicago School Superintendent. CHICAGO, December 14 (®).—An eftort to speed the trial of William McAndrew. suspended superintendent of schools, was seen today in the an- nouncement that school board trial sessions will be held at night. The prosecution had between and 60 district superintendents teachers ready to testify against Andrew at the meeting today. torneys for the board said the nesses would reveal McAndrew's sys- tem of “fake” tests from which he compiled statistics showing a 100 per cent inerease” in intelligence of pupils. Former Congressman John J. Gor- man, the mayor's special investi- gator of school history texts, who was recently sued for $100,000 by Prof. David 8. Muzzey of Columbia Uni- versity because of criticisms of the history, also was expected to 50| and Me- At- wit- -H|T;BRITISH POLICY. | LE, England, December 14 (#®).—Criticizing the government's naval policy, Viscount Grey of Fallo- den, war-time secretary, for foreign affairs, said at a luncheon today: “If our government at Geneva had only said, ‘We want small cruisers and we will not mind how many 10,000-ton cruisers you build,’ there would have been no failure of the conference. “I cannot help thinking there has NEW CA . OVERLOAN TO HILL Chased for school purposes and were | for construetion of | | Swayne & Hoyt, | “nd while T also was connected with “They were considering the site | against ARTHUR BLISS LANE, Formerly first secre of the Ameri- can embassy in Mexico City, has been appointed chief of the Division of Mex- ican Affairs, State Department. He }ulrrndu Franklin Mott Gunther, re- lieved on account of illness. ADMITS .S PROBE | iy |Teller Says Agents Investi- gated His‘Conduct in Transaction. | By the A Commis iated Presn. ioner Teller | ping Board_ said today | duct had been inve | Department of Justic ection with a loan made to former Com missioner W. S. Hill by persons con- nected with West Coast shipping in- terests, The commissioner, who is the Pa- cific Coast representative on the board, said he had told the depart- ment that he knew nothing about the case until Mr. Hill, a South Dako- tan, told the board about it. *Jt was natural for the Department of Justice to question me regarding the matts he said, “as 1 had been financially interested in Swayne & Hoyt (a shipping company of San Francisco) before becoming a mem- ber of the board. I sold all the in- terest I had in boats operated by that company, however, before coming to Washington.” Mr. Hill resigned two days ago after revealing that circumstances sur- rounding the loan had been investi- gated by the Department of Justice. A contract between the board and under which the company vperated Government ships. was ordered concelled by the board yesterday on the ground that its agent arranged the ioan for Hill. Mr. Teller said he told the Justice Department that he knew Bley. as he was the Washington agent of vne of the merchant fleet operators, but that he didn't know him until (Teller) came to Washington. “I understand he was connected with the company before I came here of the Shin that hix con- by the it. I never knew him,” he said. ““There is no truth in the report that I intend to resign, or that pressure has been brought to bear upon me to bring about by resignation. I intend to continue to serve on the board for the best interest of the public,” Teller added. BUS LINE EXTENSION IS URGED BY CITIZENS School Com:j:ue to Seek Speed in Construction of Addi- , tions to Buildings. The extension of bus service from Forty-fifth and Fessenden streets to River road and Wisconsin avenue was recommended by the American Uni- versity Park Citizens' Association at its monthly meeting in Hurst Hall, American University, last night. The extension of the transportation service would accommodate hundreds of school children, would afford con- nections with the Chevy Chase bus line and the Wisconsin avenue car line and would give access to the Wis- consin avenue shopping district. The association approved in pri ciple a sterilization law for the Dis- triet. The school committee was directed to co-operate with the Northwest Sub- urban Association in an effort to hasten the construction of additions to ihe Janney and Tenley Schools. The matter of repairs to streets In the neighborhood was brought before the association and referred to com- mittee. President Thomas E. Lodge pre- sided at the meeting. The followiny new members were admitted: R. . Hutson, Harry C. Sherier, Herbert L. Brooks and Mr. and Mrs. G. E. War- ren. MODEL FARI; PROGRAM IN SOUTH SUGGESTED Community System Recommended | to Reclamation Conference by Dr. Mead, Head of Bureau. By the Associated Press. Legislation authorizing the Interior Department to direct and plan the set- tlement and management of model farm communities to be established in the South was recommended by Dr. Elwood Mead. commissioner of the Bureau of Reclamation. to the South ern reclamation conference today. Leading educators and farm demon- stration workers in the South attended the conference. An intensive study of seven tracts already established in North Carolina, South Carolina, Geor gia. Florida, Alabama and Mississippi will occupy the greater part of the two-day program. The movement seeks to restore to the South the kind of agriculture and rural life it enjoyed before the Civil War, Dr. Mead said. Each State will be asked to name locations having land enough to provide homes for 200 or more families, using worn-out or unreclaimed land wherever possible. In order to secure money and enlist in the movement the kind of ability required Dr. Mead recommended that Congress should not alone authorize the Interior Department to take a directing hand, but’ should appropri- ate money needed to pay supervisional expense. ‘ Sophie Tucker Sued for Taxes. NEW YORK, December 14 ®).— Judgment for $1,850.40 has been filed Sophie Tucker, vaudeville star, by State Tax Commissioner Thomas M. Lynch. Miss Tucker failed to pay State income taxes for three years and is liable to 1 per cent penalty each year until the tax is heen m most disastrous mishandling of the whole maval problem belween us and the United States.” paid, the State charges. The original after he | SENATETO GATHER Withdraws Troops at Capitol. Legislators to Study im- peachment Bills. By the Associated Press. OKLAHOMA CITY, December 14. Gov. Henry S. Johnston today ordered National Guardsmen, assigned 1o the Capitol to prevent sessions of the selr. convened Legislature, to permit the Senate to meet in its chamber to con. sider Impeachment charges against himselt and two other State officials With military barriers removed Senate leaders announced they would meet at the Capitol shortly after noon today, to receive the bills of impeach. ment voted by the House in a secre session yesterday. It was understood that a preliminary session would be called in a hotel. Senators Present. | Senator Mae Q Willlamson, presi {dent pro tempore. said that 22 Sena |tors. one more than quorum, were He indicated the Senate plann |to consider charges against the gov | ernor before dis indictments |nzming Chief Justice Fred Branson of the State Supreme Court and Harr B. Cordell. president of the State Tioard o d:ll:flr-nl!\lre e indictment against the govern., specified six charges, lnc’l:fln;m.nlr- leged incompetency and alleged illegul use of State funds. Judge Branson was charged witn corruption in office, while three counts were preferred against Mr. Cordell, charging illegal expenditures of State funds and ir. regularities in payrolls. In anncuncing he would permit the enate to assemble, Goy. Johnston de. clared he did not retreat from his con. tention that tne Senators had no au. thority to sit as a court of impeach. ment, in view of his refusal to call the | session. He also called attention to the State Supreme Court decision ho'ding the Legislature had no inher ent rvight to convene as leaders of the House and Senate contend. | Aware of Litigation. Gov. Johnston said that so far as he knew, the Semators had not :n- gaged in any unlawful acts and that they were aware of.litigation pending ‘(?or::“ lhe‘ validity of various ques- growing out of the me"“;hproc;ealnu. Fhosch en the governor mobil zuard, he insisted he did lolun?fl':l;': to prevent “insurrection” and assure a stabilized government pending final action by the courts. He said that he would accept findings of the courts and that if it was decided the Legisla- ture -had been legally assembled, he would offer no further interference. In addition to the Supreme Court ruling. a temporary injunction was 1ssued by the District Court forbid- ding a special session. The Senate, however, has decided its rulings take precedence over any State courts. Under impeachment procedure, if the governor is removed, the lieuten- ant governor would be declared gov- { ernor by the Senate, W. J. Holloway, lieutenant governor, has declined to indicate his action should the Senate | designate him as chief executive. SALTZMAN RETIRES. | Major General Ends Active Service January 8. Retirement of Maj. Gen. Charles McK. Saltzman of lowa, chief signal officer of the Army, from active serv- ice lt' his own request, effective Janu- ary 8, was announced today at the m_;; Demmrtment. L e aj intment of Col. George S. Gibbs, also an Iowan, to mcceedg(ekn, Saltzman, was announced recently. Since Gen. Saltzman will retire from active service while still holding the grade of major general, he will go on the retired list in that rank and will not return to his own rank in the corps, which is colonel. He has had 35 years' service in the Army. TRAFF!? BIDS STUDIED. $35,000 Contract Award Waits Scrutiny by Committee. A committee of five District officials was appointed by the Commissioners today to scrutinize the bids opened re- cently for $35,000 worth of automatic traffic signal lights and appurtenances. The contract for the equipment will be awarded as soon as the committee makes its report. Maj. L. E. Atkins, Assistant En- gineer Commissioner, is chairman of the committee. Serving with him are ganial J. Donovan, auditor; Marion (. argrove, purchasing officer: William H. Harland, traffic director, and War ren B. Hadley, electrical engineer. Realty Man Ends Life. NEW YORK. Detember 14 (P).— Leaving a dinner party at which he and his wife were hosts, Talman Bige- low, socially prominent real estate operator, went to another room in his home early this morning and shot himself to death. Relatives and friends were unable to suggest a mo- tive for the suicide. While serving ¥ith the Red Cross on the Italian front in the World War Bigelow was slightly shell-shocked. but recovered after his return to this country. BAND CONCERT. leader; comb. second leader. March, “Thomas Jefferson,” Santelmann Overture, ‘“Phedre”..... (a) “Poupee Charmante” Doll] () “Prelude” Solos for trombos (a) “A Dream" ...Ba (b) “Forgotten™ .« ({’rlnclpfll musician, Robert E. ( Excerpts from “My Maryland,” Rombers Nocturne Dreams) Suite de ballet, Marines” hymn— “The Halls of Montezuma” “The Star Spangled Banner.” Shop Early “Liebestraum December 14 11 Days to Christmas Buy Christmas Seals— Help Others Enjoy Health tax was $1,507.51, papers in the case indicated. ) ‘GOVERNOR PERMITS -