Evening Star Newspaper, January 29, 1928, Page 25

Art and Artist>s’ | Reviews of Boo};s ] EDITORIAL SECTION Che Sunday Star. " Editorial Page Special Features ‘l;nfl 2—16 Pages WASHINGTON, D. (., SUNDAY MORNING, JA JARY 20, 1928 MR.PRO AND MR. CON STUDY AMERICA’S NAVAL NEEDS Question of “Race” With Britain Bobs Up Continually Throughout Comprehensive Debate. BY BEN MCKELWAY. ATRICK Pro and Carl Con have always been good friends. They hang together through thick and thin. But they never can agree on anything. If Mr. Pro con- tends that in eating pie, for instance, <.ge should begin at the point and pro- gress toward the rounded edge, Mr. Con will counter with an argument 138t one should begin at the rounded eage and work toward the point. And then there is the question of the Navy building program. Said Mr. Pro: Well, it appears that the country is waking up to the fact that with Italy, France, Japan and England butlding war craft and adop.- ing programs, it is about time we did the same thing. The Navy Department program is before the House naval af- Zairs committee and calls for spend- ing between $725,000,000 and $740,000,- 000 over a period of, say, five years. With that money we would get 71 finc has happened as far as cruisers are concerned: Between 1908 and 1923 we didn't complete a single cruiser. Our cruiser program of 1916 was delayed be- cause we went to work and bullt de- stroyers to supply what Great Britain needed most in fighting German sub- | marines. But between 1908 and 1923 Great Britain completed 45 cruisers and Japan completed 14. Since and in- | cluding 1923 Great Britain has com- | pleted 5 cruisers and is building 14, and | Japan has finished 9 and is bullding 6. In the same period we have completed 110 cruisers, are building 2 and have | appropriated for 6 more. So that if we compare the numerical strength in | cruisers bullt, building and appropriated for since 1908, this is the result: Great Britain, 64; Japan, 29; United States 18. Many Are Old Craft. Said Mr. Con: But we have more than 18 cruisers. Said Mr. Pro: Sure we have. We've Olmypia, for instance, that was new ships—25 cruisers, 9 destroyer |E o = leaders, 31_submarines and 5 Arcraft | e yar g ‘fl;’:,‘:fi;sm Uity carriers. 'rnnhflll give us lh:s:l"v | formerly the New York, that was Samp- e ‘{‘\:n"rl:r:;g ';‘;c;r::g ';:_kwm 11;35, | son’s flagship off Santiago. The Olym- e e B oy [Bia 15 out of commission, but the Bo- - . = | chester is still steaming. We have 20 gmfl between the United States, Great pore of these old ships, but 15 have ritain and Japan would be 5-5-3. And | gdopted the Coolidge moito—"I do not T hen we get that Navy we can tell any- body to go jump in the lake. | Why? Asks Con. ! | Said Mr. Con: But why should we want o teil anybody to go jump in the lake? We are a peaceful nation. What o we want with a great big Navy? Are we getting ready for war or some- thing? Think of spending $725,000.000 on a Navy, after all the talking we've | on public schools in 1918. That is— Said Mr. Pro: Yes, and you can also it this way. vy Department 25 new cruisers, which, added 1 the effective ships we have built, 2re bullding or have appropriated for, will give us 396,000 standard tons in | cruisers. or 96,000 tons over the amount | siated by Mr. Gibson at Geneva. | Szid Mr. Pro: But remember that when Mr. Gibson su! ited 300,000 tons | gested 1t as a limit for Great | 100 in keeping with the spirit | of the Washington conference when, to | give Great Britain the parity we agreed | upon there, we scrapped 32 fine battle- built or bullding. At Geneva, | 15 come down to the 300,000 tons sug- gested py Mr. Gibson, Great Britain would have had to scrap some cruisers. She did not feel able W do that. In fact she wanted to go above 300,000 | wns. Mr. Glbson's proposal would have | %iven Great Britain and the United States about 40 crulsers each. Great Britain insists she can't get along with jess than 70. NoW we want to bring | our total up W 43 Said Mr. Con: 80, you admit then, that we sre shooting at Great Britain when we increase our cruisers. Presi- aent Coolidge said his message | Congress: “The fall w agree (at| Geneva) should not cause us % bulld #ither more or less than we otherwise | aould. It should be made clear t all the world that lacking a definite sgreement, the attitude of any other | ountry 15 not W be permitted to alter | our own But in apite of that Congress 1 embark on a JTogTAm that i greater on thought we needed vefore the Geneva conference. Why | should we oomsicer Great Britain 2t ali? Must Consider Others. Said Mr. Pro: The cralser-bullding program it based on what our experts inink we need for thiz country. You have W tzke int consideration the srength of other navies in figuring this need other words, if every mnuy & wd Y= navy, we could cnolisn our Navy 1t no forelgn navy « noeeinl nd 8 row boat. the needs of our id be figured on hat basix L get away frum omper thet nationsl neecs sre reistive vy it for provwction Agsinst whe £ navies of otier powers, We have Ui figure what we need for prowciion Beid Mr. Con But why should we wapt &8 mueny coruiser: ws Greast Britein? We sre not going W fight Grest Britsin Baid M1 Pro AU Washingun we sgreed on & perity with Grest Britain Everywrdy thougnt thet was fine Bul now when we Uy Wogel woat we sgreed on, you begin v, yell Of Cpur Sk, WE NEVT BgTees oi Crulars bt he same principle spplies v cruisers wt lesst we Llwu'w,' Iowould This progrem Cals o 30 s 0! riers while Great Britsin's calls for sppronmately $06810 \ons Na Yo or That phrity & far &8 Wnnsge & concerneo but 3 s not panity in navel power We are uol Uying U outhulld Eritain or get whewd of her. Naval power | prowet our Uade, probibit enemy st land operatis Tk~ considerstion. we Vi X - sl have more cruleers e of Jess tonnege, B ke e her great system of nevel bases ) wuke thom effective Seig Mr Con Bul why M we wre ¢ wilh snybusy, 3 vie went U s mOney nt wno i went world peice cenly g0 W work Bnd Pro i . | have 8 more ordered. + | do with these 25 additional ones you ¢ | Yoy work and two with choose to run"—and are tied up and out of commission. The seven others are still limping from port to port. About the only thing they are good for is to go to Nicaragua. They are as much out of date as a 1917 Ford. They wouldn't be worth 10 cents in a fight with modern ships, for they can't catch anything and they can't run away from anything. We can't use them in ma- neuvers because they can't keep up with the rest of the fleet. So, you see, we have only 18 modern cruisers bullt, bullding or appropriated for. We want 25 new ones and it seems a large order now because we put off buying any for such a long time. Said Mr. Con: But we seem to be get- ting along very nicely with out 10 mod- ern cruisers and 6 old ones. And we ‘What would we arguing for? Sald Mr. Pro: For one thing, want to replace with these 25 cruisers the 22 old ones that are shot. In the second place we wan catch up with what other navies doing, because we've not com; the too long. tion, but simply to give us stren that we need. t along hy should you kick when our naval people say we need 43 cruisers? We could use these new cruisers all right. We now have an unbalanced fleet—that is, we have enough battleships, destroyers and sub- marines, but we ought to have the cruisers to go along with them to make them effective. Last Summer when we had maneuvers we sent six cruisers ’l'hnt '“hl:t.: fleet, but when the Chinese troubles broke had to beat it and left the fleet squadrons. We have a battlefleet in the Pacific that should have three cruiser divisions. The battiefleet has no cruiser divisions for it the cruisers, for it all depends upon conditions. We might have 26 with the fleet, for instance, three guarding th ad- rons. But all this might be cm‘ed overnight. The British say there ought be five cruisers for every w0 ; battleships in a fleet. On that basis l‘hey ;ut;" o.':ml:en for other uses. If ve put five ci TS to every three bat- tieships in the fleet, we would uire 30 mn;udlun and §he it m' i ca; out, would ) ording 4 leave us only 13 for You ask what we would do with ‘thuiu:ruucn. !:\-Izht now in China and in Europe we have destroyers tak the place of cruisers because we hnvett':" got the cruisers. The British contend that naval power is meant for world- wide distribution. Look at the British navy list and you'll find their eruisers all over the world. But we can’t dis- tribute our's arcund the world, Our cruisers, flying the flag, ht to be entering foreign ports on visits of good will and friendship. They don't, for there are not enough of them. Great Britain Needs More. Bald Mr. Con: You keep on harping on Great Britain's fleet. In the first place, we are not going to fight Great Britain. In the second place, she needs more crulsers than we do. Listen %0 what Representative Prench of the sub- | committee on naval apporpriations of the appropriations committee said last gaas: v Great Britain, more than the United States, s in need of typ=s of ships such as cruisers that are ewift @nd of widest radlus of ac- tion. * * * Bwp the lanes of the sea to the ships of Great Britain and suffering would be brought o the peo- pie of the British Isles within -scnnd of weeks, and collapse of the British Navy as a fighting force would be matter of days. Turn o the United Btates. Our country could be cut off from the rest of the world and there would be lood for our people, there would be fuel oll for our use, there would be materials of all kinds for our fabrication. The lanes of the sea might | be closed 1o us for weeks or for years should the necessity arise” Now then. That's from one of our own Congress- | In view of that, why do we need | men wll these crulsers? Beld Mr Pro. Do you remember when the “la of Ui sea” were closed Lo us In 1 7 We weren’t at war But | througnout the Bouth there was suffer- ing and want and great mountains of cotwn lay plled in bales in the wowns, $500,000,000 worth of 3. Suppose the Janes of the rew were closed tomorrow, not W our imports alone, but W our exporie? Would there be no suffering? In 1926 the Unied Blates imported more thin $1,160,000,000 worth of food- sLufts and exported $894,000,000 worth We used §266,000.000 more 3n food than we wld Amerlcan industry now de- pends on something ke $1,800,000,000 worlth of essential SMports every year Doee that look sz If we are & self-con- teined nation? 15 U not es Umportent that we keep the lanes of the sew open for our trefic s that Great Britain keep them open tor hers? Preedom of the seas hus been traditonal with us slnce our country was born But freedom of the seas I8 ot endangered slone Ly our participstion In » war. Any wer endangers freedom of the sens Our rignts s & neutral neton would require protection. Our Navy 18 our unly protection Oth | Bad Mr Con Ships Wanted, Buppose you 4ot Lhose 25 new coulsers Thit i not all that you wie wsking 1o Yuu want nine de- Wroyer leaders whatever they are. when isady huve more destioyers than b ‘ L Wl You wont 32 A an hien pagad F THE fabric of our public life seems at times a little thinnish in places it is then comforting to hope, to observe that out of private life there will emerge a thread to strengthen 1t. Ocuslonlll{ it happens that such a thread shuttles in and out, weaving alternately a pattern of personal ac- complishment and of public achieve- ment. ‘We have observed such a phenomenon in the case of Mr. Hughes, of Mr. Schurman, of Mr. Hoover, of Mr. Mellon. ‘We observe its possible emergence in the case of Mr. Morrow. Nowhere more glitteringly do we ob- serve it than in the case of Col. Henry L._Stimson—America’s new_ viceroy. Now as law partner of Root's and then as district attorney and Republi- can_ candidate for Governor of New York; now as counsel in important pri- vate litigation and then as Secretary of War in the cabinet of President Taft: now privately a lawyer in New York and then an officer in the World War and finally as the quiet creator of the “Stimson agreement” in Nicaragua—the career of Col. Stimson would be, if ‘i were less singular, a refutation for those mists who see in America too fre-l & divorcement between the ability of our citizens in private affairs and the‘'r willingness to apply those abilities to pubiic office. * % % I call him “viceroy” because his new position as Governor General of the Phlup?lnes is the single public office in the gift of the country completely com- parable to that of the British Governor of India. Like the British Viceroy of India, he is the direct appointee and representa- tive of the country's ruler and, like the viceroy, responsible directly to the appolntive power. Like him, he holds the chief executive position in a nation of foreign and relatively undeveloped people to whom so large a degree of delegated responsibility has been given that in the British Viceroy’s case a country of 330,000,000 is “ruled” oy 69,000 British, including every minor office, civil and military, and including the wives of officers. In the case of the American ‘“viceroy” a counts of 11,000,000 is centrally “governed” by 13" presidential appointees, of whom actually only the governor general vice governor and auditor and five of the Supreme Court justices are Amer- fcans. The rest are actually Filipinos. All local offices are held ha Filipinos. Other Americans in the Philippines are in technical jobs of one sort and an- other. 4 One hears currently in Washington the usual Washington type of tale. It is hinted that Stimson is an “inter- regnum appointment” who is to serve between the present uncertainties of a c&lnpfirl‘fn year and the coming into office the campaign choice, that he does not wish u:: remain out %l fllll:i country longer n tWo years ant afterward ‘it will probably be Gen. McCoy or Gen. McArthur. * % % % rivate wishes the absure e 8\; his successor before P'ul&m has even been nominated lies patent upon the face of it, but that, as you know, is L About America’s N COL. HENRY L. STIMSON. of man this may be who has just sailed to take up the dutles of his new post. Tall, rangy and thin of bulld, with light, gray-blue eyes and light, grayish halr and a close-clipped gray mustache above a firm mouth, Col. Stimson leans back in his chalr with back-trust head and shuts his eyes, moving his fingers restlessly at the end of long hands upon the chair arms when something is sald 1in opposition to his views. ‘Then the eyes will open, the head will come up, the hands will close about the chair arm, the chin iwill come forward as Stimson’s own ideas are laid out in a series of quick, clear sentences. This is no genial, back-sla This is no suave man, proc direction to the achie7ement of stood ends. This is a direct, forceful man, per- haps a somewhat intolerant man. 1If intolerant, his is the intolerance of the intellectual; if impatient, his is the impatience not so much for mm as for rehearing ideas long con- sidered and meted and cast aside. If a little dry, his is the dryness of a per- son more interested in ideas than in material things, in principles than in gossip. * ok ox If that woman is happy of whom there is no history, perhaps also that ing man, by in- under- ‘Washington. What is interesting Is what manner BY WILLIAM RUFUS SCOTT. Active preparations for the census of 1930 are under way at the Census Bu- reau here, although expansion of the force will not be(’n substantially until next year. Prom around 700 employes on the regular roll the number will mount to about 7,000 at the peak, in 1930, and for the actual field work 100,000 or more enumerators may be required temporarily. The task of mapping the United States into enumeration zones is one of the present absorbing inter- ests of the bureau. Dr. Joseph A. Hill, assistant to the director of the census, re that the geographer's division will perform its work more efficlently for this census than ever before because the work was started earller. If the enumerators in the field do not know precisely the boundaries of their districts confusion results in errors that it is hoped to avold henceforth. In citles the dis- respondence with local officials all over the country is voluminous. Mechanical Department Program. In the mechanical department equal toresight is being shown. By the time the returns begin coming in the extra machines to expedite the tabulation will be installed and ready to give quicker reports to the Nation than hitherto. Improvements have been made in the complicated machines that accelerate the output vastly. If a Washington Government clerk who began in the Census Bureau in 1900, for instance, and then went to some other bureau should return to the Census Bureau now and see what strides have been made mechanically over old hand methods, or semi-auto- matic methods, he would be astonished. Por the most part the inventions have been made In the office and the ma- chines frequently are inspected by ex- rts from forelgn lands sceking new [:an in census work, Upon the decislon Congress makes about a “distribution census” for the whale country will depend sn incrense in the size of the force In Washington cen- I n should be made to cover all citles of, 60,000 population and over, the ton force would be augmented and u special field force of perhaps 7,000 enumerators would be 1equired aside from the 100,000 regular enumerators Munufacturing Values Shown, Por may years the bureau has been furnishing 0 manufecturers an exact blennial census of manufacturing out- pul buresu report states. The total value of this output was known in od numbered years from 1019 to 1925 in- clusive, AL the factory doors the value | was 863,000,000,000 1n 1935, It was known what proportion represented raw muterials, what value was added | through manufacturing, the number of employes and thelr wages 0 the feld of merchandising no such mformation was avallable whole- saler or retaller had no defnite idea of the volume of business in his par- ticular Wne, nor of the number of em- ployes or salaries pald per dollar of teles A national distribution confer- ence, sponsored by the Ohamber of Commerce of the United States, asked Becretary of Commerce Hoover Lo ap- wolnt & committee on eoVsotion of bus Jinems Gisurin in s great Asld of mer- rr@nAlie astrimiion BUREAU PLANS ALREADY BEGUN FOR TAKING CENSUS IN 1930 »~ Present Force of 700 Employes Likely to Number 7,000 at Peak—Strides Made Since 1900 in Improving Facilities. tricts must be defined by blocks. Cor- | hands In Chicago, at the peak of the spe- clal census, 221 enumerators were em- ployed and 22 checkers. The schedules then were sent to the Census Bureau here for tabulation and a report has been issued. Results in this and other trial cities caused the idea of a na- tional distribution census to be placed before Congress. It cannot be predicted that action will be taken in this session, though it is possible, but a general rnuun from business is being exerted in favor of the plan. Distribution Statistics of Value. With competition as keen as it is now the need of facts about the distribution of all kinds of commodities is more urgent. Individual merchants or wholesalers are assured that no pub- licity will be given to their private affairs. Only data on a large, imper- sonal scale s issued. The enumer- ators took the regular Census Bureau oath not to disclose or copy any of the information passing through their The distribution census In Chicago covered 7,297 wholesale establishments and 41,224 retall establishments. To- tals were impressive. The wholesale volume of business almost reached $5,000,000,006 In 1926. There were eighteen lines, in each of which the annual operations exceeded $100,000,000 annually; eight dulnf more than $200.- 000,000 annually; three dolng more than $300,000,000 annually, and one ex- ceeding $500,000,000. In the retall survey It was found the volume totaled nearly $2,000,00 000 in 1026. The pay roll was $23 000,000 and the average stock Inven- tory $269,000,000. There were 183,217 persons employed aside from the 39,181 pmprlemnl and fAirm members. average sales per employe wns $8.908. Only New York Oty oan mrpu: Chi- cago’s showing If the same kind of census is taken for the Nation as a whole, the figures will expand to tremendous totals. ‘There seems a strong probability that Congress will approve the proposal for & national distribution census. Mass Production Stressed. Edward A. Filene, n leader in Boston merchandising, has stressed the idea of mass production and mass distribution, with emphasis upon the latter, In & Brooklyn address. He foresees & great n stores, to include tment stores and most other lines, & way of making mass distribution more economical, Buck o this he sees & realization among business men that & new eru 1s here in industry, and that benefits Lo the public in lower prices thréugh mass production and distrib ton muit be wccompanied by better wages to employes. ‘{'h- abllity of the public to buy, he declared, s the measure of prosperity As this view 18 widely shared the pressure upon the Covernment Lo give more accurate data about the distel- butlon of merchandise, through & census of the whole Nation in 1930, will be felt sufficiently, 1t s belleved by rln onents of th ensus, to oause Its nelusion in the Census Bureau appro- printion The Census Bureau now 18 housed in & war-time bullding at Sixth and B streets It 15 not crowded and might be suffclent to house the maximum Washington foree in 1030, unless Con- gress should specify & shorter time than usual for making returns, when it would bt mecossary Lo apded up the work by i talling more machines and engaging o nrger nnwnny’ man approaches exccutive capacity about whom there are no anecdotes. The story of Stimson is as full of solid accomplishment as it is meager of little storfes. He holds the respect of his acquaintances without stimulat- ing their senss of humor or their ten- derness. Quite aside from a study of Stimson as an individual, it might almost be said that Stimson as a type is a nearly ‘bombproof choice for this job. In an era of internal domestic pros- perity and security the importance of the Telations of what is sometimes called “the American empire” makes more obvious the necessity for such an lpgslntmenk ery one thinks he is familiar with what is commonly called the “Philip- pine problem.” Every one commonly considers it a question merely of the determination of the date at which that “complete independence” which was assured under McKinley shall be fully granted to them. Accordingly, all people are divided into two classes. The first proceed by considerations of abstract justice, by & definition which believes it "un-Ameri- can” to govern a foreign race. ‘The second regard that matter prag- [ matically. They consider it a prohle:: in conduct rather than an e: spirituality. When they admit the idea ew Viceroy » of “date” at all, they see it printed upon no calendar to be envisaged by the present generation. To them the Philippines are to be regarded not as a Christmas package to be handed out by the United States, thereby produc- ing a warm self-satisfactory flow of present benevolence with a possible morning after of equally altrulstic re- morse, but a difficult and somewhat thankiess task in present-day adminis- tration which leaves the rewards of beneficence entirely to the future. * ok ok K It is to the second class that Col. Stimson, by type, by personal character as well as by public profession of be- lief, belongs. ‘Whatever may come in the future, whatever reversal of Philippine policy may happen through the political changes which under our system elect a man to Congress on a corn-belt issue and give him a vote on an international question, what will happen to the Phil- ippines under Col. Stimson is as clear today in Washington as if his adminis- tration were over and the pages were of history rather than of prophecy. It is tled up in that personality as it is tled up in his type. Who is he? Son of a practicing surgeon, himself a man of strong character, young Stim- son went to Yale, was chosen a member of “Bones,” married the clever and charming Mabel Wellington White, the daughter of a Yale graduate and a de- scendant of Roger Sherman, who lived in rghnpel street right across from the al “He 1s,” one who knew him best in Washington remarked, “eminently a man of position and character.” ‘That he was aiso a man of outstand- ing ability may be taken for granted when one observes that he shortly be- came a partner of Root. It was as a Yale graduate and at the Yale alumni meetln;s that he became acquainted with Taft, who was after- ward to put him inta his cabinet. * K K * Even in those early days he had a reputation for strong character—in what is called by the English the “dis- senter” schools—which has nothing at| ming all to do with being constitutionally in opposition, but means that his mind is a New England mind, and his character is formed upon those strong lines which one assoclates with old-fashioned Pres- byterianism in the United States. ‘When Dickinson resigned from Presi- dent Taft's cabinet (largely, it is thought, because he felt his own posi- tion as a Southern Democrat might put Taft occasfonally into an equivocal po- sition) and Stimson came in, he found Gen. Wood as his chief of staff. It is a bit of Interesting coincidence that Stimson should at that time, as Secretary of War, not only have held the cabinet position which deals directly with the Philippines, but that his chief should have been the first administrator of those islands and that his chief of staff should afterward turn out to be his own predecessor in that office of gov- erning them. Out of that assoclation came two forces which later made lighthouses in his iife—military training and Philip- pine administration. He formed a strong personal friend- ship with Wood, gave to him not only (Continued on Fourth Page) DECISION ON “WIRE-TAPPING” EVIDENCE TO SET PRECEDENT |Supreme Court Will Hear Argument on Admissi- bility of Telephone Conversations After Three Years of Litigation. When the United States Supreme Court hears arguments late in February on the admissibility of testimony - cured in prohibition cases by “tapping" telephone wires, the way will be cleared for a decision that gives promise of be- in3 of the utmost importance, inasmuch as this method of obtaining evidence appears never to have been previously subjected to the sharp probe of legality in any jurisdiction Additional interest is being lent to the case at hand—which, as & matter of fact, is & consolidation of three cases of identic status—because the Supreme Court, in 1nnnng a review, is revers- ing itself, having previously refused to take up the matter. As is customary, the court offers no explanation. The record simply shows that orders were entered denying pe- titions for certiorari in the three cases; that a tition for rehearing in one was denled, and that when a petition for rehearing in another was brought forward, writs were granted in all. Three Years' Litigation. ‘The review comes as the climax of three years of litigation. The defend- ants numbering approximately 100, were indicted in the United States Dis- trict Court for the western district of Washington, northern division (Seat- tle), in 1925, and convicted and sen- tenced to the Federal Penitentlary at McNell Island a year later. Evidence introduced against the de- fendants was obtained when one of the prohibition agents on the case, who was a former uleYhonu lineman, cut Into wires leading Into the offices and homes of the accused, thus making it possible to listen in on conversation: tons. ‘These conversations, of reputedly In- criminatory nature, were admitted into the record by the trial judge over objections of the defense, who un- avallingly set up a plea that this robbed them of rights guaranteed under the fourth and ffth amendments to the Constitution — the section governing unlawful search and selzure and that which prescribes that no person shall be compelled to be a witness against himself In any criminal case. When the cases went to the United Btates Circult Court of Appeals for the ninth circuit the defense conten- tion agalnst the use of the telephone conversations was denled and the cons victlons were upheld. ‘The appeals court, however, divided, 2 to 1, on this declsion, and the sharp dissent ot Judge Frank A. Rudkin, who aplit with his conferees on th bench, 1s used by the defenso as “stal ment and argument at once” of the appeal to the Supreme Court. Text of Oplnion. In upholding the evidence obtained l?( “wire tapplng” and denying that the | Qo righ hts of the defense guarantsed by the fourth and ffth amendments to the Constitution had been violated, the ma- Jority opinfon had this to say: “The protection of those amend- ments, however, has never been extend- ed Lo the excluston of evk tained by listening to the conversation [} mendments s to muwm the Invas v of homes and oMoes and the sele- of neriminating evidence found thereth Whatever may be sald of the lnHunu of telephone wires as an un- ethical Intrusion upon the rllvluy of wrsons who are suspectad of evlme, 1t [0k s Aot which samsa within e letter of the prohibition of constitu- tional visions. 1t is not disputed that evidence obtained by the vision of one who sees through windows or o&: doors of a dwelling house is admissible. Nor has it been held that evidence ob- tained by listening at doors or windows is tnadmissible. Evidence thus obtained s not believed to be distinguishable from evidence obtained by listening in on telephone wires.” In addition, both Federal and State decistons were invoked to show that the competency of evidence and not the me! by which it was procured should determine admissibility. In disagreeing, however, Judge Rud- kin handed down an opinion that was severely at variance with the majority, and in a principal contention he held that a telephone message 1s as sacred as the malls, whose inviolabllity has been upheld by & Supreme Court de- cislon. He incidentally paid his re- spects to “the growing encroach upon and fgnore constitu- tional rights.” Exceptions to Rule. “I do not think that testimony thus obtained by Federal ofticers or Federal agents is admissible in any event. ho ever the conversation may be proved. he sald. “Of course. I agree with the majority that courts will not ordinarily inquire into the manner in which a witness gains his information, but there are exceptions to the rule as well estab- lished as the rule ftself. For fllustra- tion I need only refer to the many de- cisions of the Supreme Court, of this court and of the courts of other cir- cults excluding evidence obtained by Federal offiters and Federal agents in ralding private dwellings without search warrant, while the like evidence. ob« tendency to | P! Y well undertake to eliminate cancer by | - U. S. MOVE TO Writer Points Out to Outla BY FRANK H. SIMONDS. ARIS.—It would be difficult to imagine any single episode which could better illustrate the dif- ference between American and European thought on the sub- Ject of g:lce than that of the dis- cussions between Washington and Paris concerning the project to outlaw war. Quite patently this proposal as it came from Secretary Kellogg, in his letter replying to the original proposal of M. Briand, represented a program which was taken seriously both by the American Government and people. Manifestly in their minds it stood for something which, if accepted, might contribute to the maintenance and ex- tension of peace in the world. Viewed in its European setting. how- ever, what did ths same proposal mean? Does Not Share Idea. Of ltself practically nothing. And this was the case becauss no European country shares even remotely the American idea that war can be pre- vented by resolution or outlawed by treaties. . 8o far as France and Briand were concerned, the original Briand proposal meant just this: Word had been con- veyed to Paris that American opinion, at’ least so far as it was voiced by the famous Senator Borah, was inclining to look with approval upon the proposal to outlaw war by some international operation which one might vaguely compare to the taking of the pledge, where alcohol s concerned. What then could be more attractive as a diplomatic operation than to such a treaty? In the first pi muld do no harm, because the possi- bility of ern:tlwndl;:he “Jn!:: :lhl!:; and Prance simply does not e: In the second place the tradi- PFranco - American friendship. a little cooled on the American the debt policy of France, revived by s‘:;h a . In- tional perha side mlg:l g'l;ove 2 elections coming on in France and in the United smes'.“buthmmmu might find some lue a new = olc‘g success and cally the Poin- care cabinet might claim that it had restored Franco-American friendship. Paris Takes Alarm. When, however, the American Gov- ernment proposed to extend the declaration outlawing war, and to in- vite many 1f not all nations to subscribe. then Paris at once took alarm. And the French government took alarm be- all French security instantly in jeop- Instantly to the French mind the the business of all member nations to use their resources, military, naval and economic, against the What then would be the situation if | Germany, for example, should one day | attack Poland. Germany having signed ment France would have outlawed war as a procedure at any time in her re- lations with Germany. Alliance Is Element. But the Polish alliance is one of the chief elements in the whole series of | treaties of alilance by which Prance insured her own security, when the United States rejected the treaty of | Silll"nl« which President Wilson gave gl ontinental countries, like . Instantly ralsed their voices mm%'e notion that peace in Europe could be | by platonic utterances. As | | | treaty of Versa lemenceau during the Paris Pflc.‘i END WARS - { SEEN HEADED TO FAILURE Incompatibility of European and American Ideas w Strife. resolutions adopted in a medical confer- ence, was the general and indignant comment. If the United States actually wanted to help maintain peace, let it join the League of Nations, and not merely re- frain from making war aggressively itself, but also by agreeing to join in punitive war made upon any nation guilty of aggression. Such was the gen- | eral argument which filled the European press from Manchester to Bucharest. | In this situation M. Briand's domes- | tic critics turned upon him with una- nimity and denounced him for having gotten into grave difficulties by having attempted to do an inexpensive senti- mental thing. And M. Briand's clever young men in the Qual d'Orsay were |put to it to find some way to avoid what had the appearance of being & | dangerous trap. Out of their labors emerged the ingenious suggestion that the agreement should be multi-lateral, | but that all powers should sign it with the United States separately; in a word, all countries would collectively and sev- | erally agree not to go to war with the United States. but would retain their freedom to employ war as a method to enforce peace under the Covenmant of } the League. Removed from Borah Plan. But this, of course, was something i ;;ry far removed from Senator Borah's ea. Europe says there must be force. America, by contrast, in the Kellogg gmpon.l says that the road to peace is y the specific renunciation of the use of force. While the journals of the Socialists and Communists, the Nationalists and Fascists in all countries have denounced the whole discussion as hypoeritical, insincere or merely futile, another sec- tion has been just as anxious to see in the new American gesture the revelation of a rapid and reassuring ‘L‘he United States to the League of Na- jons. Our shadow is so completely over Bu- rope that no proposal made by our Government, however absurd or unat- tractive it may actually seem to any European government or people, can be refected out of hand. Eurcpe wants s new debt arrangement. support for currency stabilizations already made or proposed. Dawes plan iscistance when the inevitable revision comes 7-18. Then American aid was the all-essential thing. Then Pres- ident Wilson's proposals, even to the fourteen points. were welcomed with applause and accepted in form. When the peace was made in Paris. the four- teen points had certainly taken on a !umve!m rather than an American aspeet. Suffer a Change. In the same fashion the = American | proposals for a League of Nations which the President brought to Paris seemed to have suffered change modify the existing status by force. Qn the other Britain has upon ":or w?fifm’e lownr either or either violates the peace pacts of u: tegrity. Other similar s have been made and are sm made. And at the dottom of all these agree- ments and is the idea of war, fourteen points ‘_mem into the - e contridu the League of Nations and wfi’- cast it it the present form. We have now proposed the outlawing of war and. although as 1 write the negotiae tions are stil continuing. ft is safe t0 assume that when & new agreement uhbx"t"z:ed. the tion will be fust out the same as vious {n- s in the pre i war. We gave Euro and &A‘- — the ¥ translated (Covvright 1928 Simply Constructed Says U. S. Na ‘There is no “bes! ype of Y it all depends on what Tl Cgected ' 3 ane should be as simpie | A3 possidle, for then there are l‘e‘; chances for things to go wrong. This Is the belief of Edward P. Warner. As- sistant Secretary of the Navy for Aero- nautics and former professor of aerv- | nautics at the Massachusetts Institute | of Technology, expressad in an address | Defore the Frankiin Institute of Phila- ' delphia. \ tained in the like manner by private individuals and by municipal and State officers, is universally admitted Whether this distinction is founded In reason is not for me to say. * * * Here we are concerned with neither eavesdroppers nor thieves. Nor are we concerned with the acts of private individuals or the acts of municipal or State officers, We are concerned only with the acts of Federal agents whose powers are limited and controlled by the Constitution of the United States. It s a matter of common knowledge that (he protection of the fourth and fifth amendments to the Conatitution has been invoked more often and more successfully dur- ing the past 10 years than during the entire previous history of the republic I think it is also & matter of common knowledge that there s a growing tendency to encioach upon and ignore the constitutional vighta. For this there Is no excuse, * * “But whatever the tendency may be In the direction I have Indical n other guarters, fortunately the ENPR'II\: a8 set 1ta face against it Thal urt has conslstently and persistently declared that the amendiments in gues- tion must be Mllvl’llle' construad in favor of the citieen and his liberties, and that stealthy encroachment will not be ol rated. Nor are the guarantees oon- tained In these amendments lmited to houses and papers. Thelr chief wim and purpose 13 not the protection of pr\-rqn{. but the protection of the W dividual 1 his lberty and in the pris vaoles of life * * ** Ho then quotes a Supreme Court de- olston delive hr Justice Field to guarantee the mal \ble search and sel And It 15 the o |nfi{-mum-.| o N of 0o L LI ETENY | “The quest for a unive - | cable formula, for a hard .":::u roncrete | statement of what is ‘bdest' in design, has been persistent and unavalling.™ he sald. “One of the many comumittees which has Investigated the aeranatutical | Aotlvitles of the Government of the | United States made a special effort to | secure same sort of a ‘yardstick' where- | by statesmen comparatively unin- structed in the purely technical aspects of aviation could rate the merits of air- craft, but the effort was, and will ltke- ly always be, in vain. Designs Kstadlished. “What is ‘best' depends upon the end %0 be accomplished. Neither monoplane nor biplane has proven itselt definttely and generally superior to the other Machines with external bracing have nelther driven fram the fleld nor been | overcame by thase with the structure contained within the wings. Atrplanes with one englne and thuse with two u:.hul‘:n and those with mare extst side o In Mr. Warner's opinton the design of alrplanes s pretty well stabilised and ' WL prodably not suffer any mmh-‘ mental change for MADY years come ‘I would not 4o 0 ignore or deny the posaibility of tnventlon producing & fundamental modification t the whale mode of operation of heavier- than-alr oraft.” he sald, “but, whatever happens, the laws of aerodynamics will | remaln unchanged and will coantinue o | ';::vrn the behavior of every machine hat I\ll:; however the detalls of s means o opulsion and of » t might be ohanged. s Doudts Vertloal Climbers. “ANVRMING WAy happen. but for my- | 1L am Dot dmong thess sangutie A R ennest ta ven the abeRtana » | cause most of the BN Airplanes Best, vy Aircraft Official AS we now know radically i Ay o vertical ascent or descent, or other val uable novelties of performance. devices deserve the most serious cog- sideration and examuinaton and they may well prove of great usefulness i certaln employments. but they are sud~ ject to fundamental diffeulty in thad they all invalve some continuously mave ing parts within the structure. A structure can be designad so that chance of collajse &5 inAnitesimal dut A8 S00n as dearings and mov parss are introduced even with the mast fare. ful design and the most watchful man- tenance. there exists the chamce fer something to go wrong. “TIt upkeep s as slack As it s Hkely o became tn the hands of the average Private owner the chance ts my “TO complicate the structure i to Se the minimum conditions of safe- fy less shmple and syre, and 1t & de- for madification in the undamental methot of operation of heavier~than-afr eraft Are suggestions for iereasing \\)-§~ Cation and for mtroducing new worktne Parts that I view them hote A consideradle :xoplkh:\‘.". » - France Will Assist Air Lines for 10 Years ALl the clvil alrplane companies 2 Fanes have deen assured of governs ment support for the next 10 ypars & ETANL Of $3.300.000 per year haviag Deenl mpproved by the finance oo - toe 0f the Chamber ot Depution Mt Af the expenditure will de in the shape Af subuidis 10 cach of the four great Frenoh airiines pone of which s ey makes enough ey 1 de selhs parting This subsidy & perfeotly logitimate, ha Planes could de converted WMHTALY Wses I odse of war Frenoh atr company has al ven & 10-year subsidy A wh e of the Hitle enteits B R et o