Evening Star Newspaper, December 3, 1928, Page 2

SENATE AND HOUSE OPEN LAST SESSION Both Branches of Congress Are Faced With Urgent Measures. (Continued From First Page.) roll call, 375 answering to the call in the House. Senator Borah, chairman of the for- eign relations committee has called the committee to meet Wednesday to cone sider the Kellogg treaty renouncing war, and it is probable that Secretary Kel- logg will be asked to appsar to discuss the treaty. Three Senators Take Oath. After administering the oath to three newly elected members and adopting the usual resodution notifying the Presi- dent and House, the Senate adjourned as a mark of respect for the late Sena- tor Gooding, Republican, of Idaho, who died during the rece | he Senators sworn in are: Senator F. Gle Republican, of Illinois, | elected to finish an unexpired term; Senator John Thomas, Republican, of | Idaho. elected to take the seat of the | late Senator Gooding, and Senator Ar- thur H. Vandenberg, Republican, of Michigan, who served in the last session under a governor's appointment, and who was elected last month to succeed | the late Scnator Ferris, Democrat, of Michigan. Two other Senators-elect remain to be sworn in. They are O. A. Larrazolo, Republican, of New Mexico, who will serve only until March 4 to finish out the term of the late Senator Andrieus A. | Jones, Democrat, of New Mexico, and Theodore E. Burton, Republican, who will continue to serve in the House as a Representative from Ohio until De- cember 15, when he will enter the Senate to finish the unexpired term of the late Senator Willis. Galleries Well Filled. ‘The Senate galleries were filled with gpectators when Vice President Dawes brought the Senate into session by the sounding of his gavel promptly at noon. For several minutes prior to 12 o'clock members of the Senate, many of whom had not seen one another since adjourn- ment in May, were gathered about in small groups exchanging greetings. At 12 o'clock members of the Senate and the crowds in the galleries were silent while the Senate chaplain, Rev. Z. B. Phillips, recited prayer, in which he asked God's special blessing for the President, Vice President and for mem- bers of the Senate in meeting the prob- lems that lie ahead. Following the prayer, the roll was called to ascertain if a quorum were present. Senator Borah, Republican of Idaho, fhen announced the death of his former colleague, the late Senator Gooding, and presented a resolution, which was adopted, expressing on the part of the Senate deep regret and sorrow, coples of which will be transmitted to the House of Representatives and to the family. Ma]ycrlty Leader Curtis then offered the resolution for the agpolntmem of two Senators to join with a delegation from the House in notifying the Presi- dent that Congress is in session and ready to proceed with business. Sen- ator Curtis and Minority Leader Rob- inson of Arkansas were designated on this committee. ; Session Is Brief. Resolutions also were adopted at the request of Senator Curtls, dfl-ect\nz the secretary to inform the House of the meeting of the Senate and also fixing 12 o'clock as the regular hour for the daily meeting of the Senate. ‘Senator Borah then made the motion that the Senate adjourn out of respect to the wmamory of Senator Gooding. The ses- sion lasted less than 20 minutes. Two members of the cabinet, Secre- tary of State Kellogg and Attorney General Sargent, were on the floor of the Senate to witness the reopening of Congress. ‘The House formally organized, seven new members were sworn in and the body adjourned within an hour out of respect for deceased members. 'College Hiker Dies While Chums Carry Him Down Mountain Dartmouth Youth Suc- cumbs to Heart Ailment Before Aid Reached. By the Assoclated Press. HANOVER, N. H., December 3.—A hiking trip up the snow-clad sides of Mount Washington proved a fatal ex- ertion for Herbert Judson Young of | St. Louts, Mo., Dartmouth College fresh- man. Five companions carried him for hours in a vain attempt to reach medi- cal aid before death came. The story of their adventure was told here today by the survivors. who, like Young. were members of the Dart- mouth Outing Club. The party left coliege Wednesday aft- ernoon for a walking tour of th2 near- by White Mountains over the Thanks- giving vacation, Saturday morning Young collapsed, apparently from a heart ailment. Three of the youths de- scended to the base station at the foot of the mountains for a sled with which to bring him out of the woods. They worked their way back several hours later, only to find that the sled was useless and immediately started a forced march down the slope with Young on their shoulders. They reach- | ed the base late at night, but Young was dead. Sam H. Allen of Akron, Ohilo, led the party. The others were R. D. Fairchild, Rutland, Vt.; D. M. Law- rence of Williamsport, Pa.; E. H. Eich- er, Dixon, Ill, and R. P. Williams, Chattanooga, Tenn. Young's body was held in the town of Whitefleld pending directions from his parents. — IDANIEL ON TRIAL IN BANK ROBBERY Hearing on Charge of Taking $2,300 From Silver Spring Cashier. By a Staft Correspondent of The Star. ROCKVILLE, Md., December 3.— After considerable delay in selecting a jury the State today began its attempt to prove that Hugh L. McDaniel of Takoma Park held up and robbed the Silver Spring Bank October 27. The indictment, which contained 11 counts, charges him with assaulting Fred L. Lutes, assistant cashier, with a deadly weapon and with stealing $2,300 of the bank’s funds, which Lutes sur- rendered at the point of a revolver. The case is being tried in Mont- gomery County Circuit Court before Judges Hammond Urner, Robert B. Peter and John S. Newman. State's Attorney Robert Peter, jr., is conducting the prosecution, while McDaniel is represented by Attorneys Charles L. ‘Walker and David Hornstein of Wash- ington, and Harold C. Smith of Rockville. Spectacles a Factor in Trial. McDaniel, a veteran of the World War, was neatly dressed in a light blue suit and wore tortoise-shell glasses when he appeared in court today. The glasses will figure prominently in the case, as witnesses for the State de- clared at the preliminary hearing that the bandit did not wear glasses, although the defense asserts McDan- iel's eyes are so weak it would have been physically impossible for him to have perpetrated the robbery without the aid of the glasses. The entire panel of prospective jury- men was exhausted and the court bailiff was twice sent out of the court- room to round up talesmen before the jury could be selected. The defense exhausted its quota of 20 peremptory challenges and several were excused by the court, but none was challenged by the State. In outlining his case to the jury State's Attorney Peter said he would ‘The galleries were well filled nearly an hour before the Speaker’s. gavel fell, with colorful groups of students from Trinity College, Immaculata Seminary and Holy Cross Academy occupying special galleries. Prior to the opening of the House fhe floor was a busy scene, with mem- bers congratulating their colleagues on success in the recent election. The woman members, Mrs. Langley of Ken- tucky, who had a hard contest; Mrs. Rogers of Massachusetts, Mrs. Kahn of California-and Mrs. Norton of New Jersey, were each surrounded by groups of friends and .received several floral tributes from organizations and friends. Speaker is Given Ovation. ‘The Speaker called the House to order at 12 o'clock. The chaplain then led in prayer. The Speaker directed the clerk to call the roll of States to determine a quorum. After this had been done the quorum was declared with 311 members reported present. The Speaker himself was given an ovation which lasted several minutes, and when the roll of States was called Representative Garrett of Tennessee as minority leader, was vigorously ap- plauded, as was Representative Tom Connally, Democrat. of Texas, who has been elected to the Senate; Representa- tive Theodore E. Burton, Republican, of Ohio. and Maj. Steadman, Democrat, of North Carolina, the onlv surviving Confederate soldier in the House. The Speaker then swore in the fol- lowing new members, who were present- ed by the chairmen of the State delega- tions: Lafayette L. Patterson, who succeeds Representative Bowling. from the fifth Alabama district; Earl W. Vincent, who succeeds Representative Green, from the ninth Towa district; John W. Mec- Cormack, who succeeds the late Repre- sentative Gallivan, from the twelfth Messachusetts _district; Richard B. ‘Wigglesworth. who succeeds Representa- tive Frothingham, from the fourteenth ‘Massachusetts district: Frank B. Culkin, who succeeds the late. Representative Sweet, from the thirty-second New York district; Robert R. Butler, who succeeds Reoresentative Sinnott, from the second Oregon districi, and James Wolfenden. who succeeds the late Repre- sentative Butler, from the eighth Penn- sylvania district. ‘The House then recelved messages from the Senate. Colleagues Cheer Tilson. When House Leader Tilson stood up to offer the resolution for appointment of a committee to notify the President | that the House had organized and was ready to receive any message he might care to send, he was given a vigorous | ovation by his colleagues in tribute to | his re-election after one of the most vigore fights ever held in that dis- trict. ‘The Speaker appointed on the com- mittee to notify the President: House Leader Tilson, Chairman Hawley of the ways and means committee and Mi- nority Leader Garrett. Mr. Hawley then presented a resolu- tion to notify the Senate that the House is ready to do business. Chairman Snell of the House rules committee presented the resolution set- ting the hour of 12 o'clock daily for meetings of the House. The Speaker laid before the House enrolled bills from the previous session. Resolutions were then presented ex- pressing the sympathy of the House out of respect for deceased members as follows: Senator Gooding of Tdaho, Represent- , ative Henry R. Rathbone of Illinois, Representative Louis A. Frothingham of Massachusetts, Representative Thomas L. Rubey of Missouri and Representa- 4 g:ove the bandit was driven to the nk by a taxicab driver who subse- quently identified his passenger as Mc- Daniel, and that similar identification was made by at least two employes and two customers in the bank. Cites Money Found in Coat Lining. He also said he would prove that about $1,400 was found in the lining of a coat belonging to McDaniel and that the serial numbers on some of the bank notes correspond with those on notes which the bandit obtained at the bank. He also stated a 38-caliber revolver, which he claimed had been identified as the one figuring in the hold-up, was found in the basement of the Takoma Park home where McDaniel resided as a roomer. ) Defense Attorney Hornstein said he would prove by three witnesses that McDaniel was in Washington at the time of the robbery and, in addition, that it would have been impossible for him to have committed the crime without his glasses. The first witness called by the State, a few moments before court recessed for lunch, was Mr. Lutes, who described the holdup and identified McDaniel as the bandit. THEATER ROB ED YEARLY Show House Again Held Up, Mak- ing Fifth Time. JACKSONVILLE Fla, December 3 (#).—A Jacksonville theater has been held up and robbed for the fifth time in as many years. A neatly dressed young man was the latest annual “visitor.” He escaped with a sack containing $590 last night after holding up Charles Morrison in the manager’s office. A manager was killed at the theater five years ago when he resisted robber: tive William A, Oldfield of Arkansas, who was the Democratic whip. ‘The House then adjourned out of re- spect. Only one bill affecting legislation of the District of Columbia was introduced from the House District committee to- day. That was the Gibson bill for a five-year program of expansion for the Public Library system. The first move to increase the tariff on agricultural products came almost with the sound of the gavel in the House, with introduction of a bill hy Representative Williamson, Republican, South Dakota, to raise the import duties THE EVENING STAR, WASHINGTON, D. €. MONDAY, DECEMBER Scene in the House of Representatives today as the members assembled. —Associated Press Phofo. BOX IS DESIGNATED DEMOCRATIC WHIP Texas Representative Suc- ceeds to House Post Va- cated by Oldfield’s Death. Representative John V. Box of Texas today was designated as Democratic whip of the House, succeeding the late Representative William Oldfield. The announcement was made on the floor by Minority Leader Garrett. Mr. Box has been a member of Con- gress for 10 years, and is 57 years old. In his early life he attended country schools only two to four months a year, laboring as a farmhand during the re- mainder of the year. Finally he attended Alexandria Collegiate Institute, at Kil- gore, Tex., and was admitted to the bar at the age of 22. In his early thirties Mr. Box spent several years in trial and appelate court work as attorney for railway companies. When he was 27 years old, he wss elected county judge and re-elected two years later, declining to stand for a third term. He served several terms as mayor of Jacksonville, Tex,, and was a member of the Democratic State committee. He is married and has two children. BOARD IS REVERSED IN FLORAL TAX CASE $4,000 Appeal of Nashville Firm Sustained by Ruling of Court. The commissioner of internal reve- nue loses his power to assess income and profit taxes at the expiration of five years after the filing of a return, and his power may not be revived by consent of the taxpayer unless that con- sent is given before the five-year term has expired, according to a decision of the District of Columbia Court of Ap- peals, rendered today by Chief Justice George E. Martin. The court reversed a decision of the Board of Tax Appeals, which had sus- tained a finding of the commissioner of internal revenue that an assessment of more than $4,000 against the Joy Floral Co. of Nashville, Tenn., was valid. The case was remanded to the Board of Tax Appeals with directions to sustain the appeal of the taxpayer. ‘The consent of the company was obtained, it was pointed out, to an ex- tension under the misapprehension that the five-year term had not expired. Chief Justice Martin, in his opinion, says: “It is unreasonable to believe that Congress felt it necessary to pro- vide a remedy whereby taxpayers may restore to the commissioner the right to assess income taxes upon their re- turns after the statute of limitations has deprived the commissioner of au- thority to make any assessment there- on. In this case the record discloses without dispute that when the written consent was executed by the commis- sioner and the taxpayer, they both rested under the mistaken belief that the five-year period of limitation had not_yet’ expired. “The taxpayer was led Into this belief by a written notice sent to him by the deputy commissioner containing an er- roneous statement to that effect. Neither the commissioner nor the tax- payer, when the consent was signed, actually intended it as a waiver of the taxpayer's rights, if any, arising from the fact that the five-year period had already expired.” The court finds the consent must be executed when the commissioner still possesses the authority to make an as- sessment and when he may refuse to consent to any delay in making it. ————— More than nine hundred " married woman public school teachers of New York City are now absent on the two- year maternity leave required of every on various grains. teacher approaching motherhood. By the Assoclated Press. PITTSBURGH, December 3.—The general public, called upon to select the “best” painting entered in the Inter- national Exhibition of Paintings at Carnegie Institute here, has disagreed with the distinguished jury of artists which awarded the original prizes. The general public selected “Margery and Little Edmund,” by Edmund C. Tarbell $200 popular prize. Not one of the six paintings selected by visitors at the ex- hibition was included in the list picked by the jury of artists The thousands of visitors were asked to cast votes for the “best” painting, this system of Popu]ar selection being adopted when it became known that of Boston, who today was awarded the Public Disagrees With Jury of Artists In Selecting Tarbell Painting for Prize the public held ideas of art radically different from the jury. And this wide difference was stressed in the public's selection of paintings that did not draw the attention of the artists themselves. Other paintings, in the order of pop- ular preference, were “Betty and a Gypsy” by H. E. Schnakenberg, “Eve- ning” by Frederick J. Waugh, “Sweep- ing Crests” by Waugh, “Aprilea” by and “Antonia” by Gaudenzi, Tarbell, a native of West Groton, Mass,, had won three Carnegie inter- national prizes—third in 1901, second in 1904 and first in 1909. He was trained in the Art School of the Boston Museum of Fine Arts, and for years was principal of the Corcoran School of Art, Washingtony & Pietro Gaudenzi EZRA MEEKER, COVERED WAGON PIONEER, DIES AT AGE OF 97 Only Man to Cross United States in Covered Wagon and Airplane. Il for Several Months, Suc- cumbs at Home in Seattle. By the Associated Press. SEATTLE, Wash., December 3.—Ezra Meeker, 97, one of the last of the sur- vivors of the ploneers of the covered wagon era, died this morning after an illness of several months. Mecker clung tenaciously to life until the end, holding on by sheer will power after physicians and relatives had given him up. He had been at the point of death in a Detroit hospital for | K two months before returning here eight weeks ago. He had grown gradually weaker and when his condition became alarming it was impossible to move him to a hospital. Takes Turn for Worse. Last Thursday the ploneer was re- ported to have shown great improve- ment and hopes were held momentarily by his' doctors that he would recover | and live to reach his ninety-eighth birthday anniversary this month. He was in fine spirits over the week end and his pulse and temperature were about normal. Late yesterday there was a turn for the worse and he sank rapidly. Among the first few hundred men to cross the American continent by ox team and actually the last man to make the journey by that mode of travel, Meeker also was among the first passengers to cross the continent in an airplane. The last trip was made when he was within two months of being 94 years of age. ‘The venerable pioneer’s first exploit in crossing the continent by ox team came about through necessity and love of adventure. The second, more than half a century later, was undertaken in an effort to perpetuate the history of the early migrations and to suitably mark the course of the once famous Oregon trail. Airplane Trip in 1924. ‘The airplane trip, made in October, 1924, was taken as a means of con- trasting the first mode of travel across the country with the most modern way and Meeker attained the distinction of being the only person to make the journey by ox team and airplane. He was piloted by Lieut. Oakley G. Kelley. At the age of 76 years Mr. Meeker formed the plan of duplicating as near- ly as possible the outfit with which he had crossed the plains in 1852, In February, 1906, he made actual start East. His outfit consisted of a yoke of EZRA MEEKER. steers, and a wagon made up of parts of three wagons which saw service on the plains in the early days. With this he drove all the way to Washing- ton, consuming 22 months on the way. Received by Roosevelt. At Washington Mr. Meeker was re- ceived by President Roosevelt, who ex- pressed great interest in the undertak- ing. After visiting Philadelphia and Cincinnati, he shipped his cattle and wagen to St. Louis. From there he drove to Kansas City, Topeka and St. Joseph. The return to Oregon was by train. Meeker was born in Hamilton County, Ohio, December 29, 1830, and spent his early boyhood as an apprentice in print- ing offices at Indianapolis, Ind. The age of 21 found him married and on his way, by ox team, with his young wife, to Jowa. A Winter in Iowa of un- usual severity induced the young couple to cast in their lot with the thousands who were pressing forward to California and the Northwest, the flood of plains travel reaching its height in the year 1852. Portland, & straggling frontier town, was reached October 1, 1852. Meeker was the author of several books of pioneer life. His career in Oregon and Washington was notable for its many activities, ranging from participation in Indian wars to spend- ing four years at London as agent of the hop growers of the Northwest. - WLEOD WILL PUSH REAPPORTION BILL Introduces Resolution Mak- ing Legislation Matter of Highest Privilege. Serving notice that at the earliest possible moment he will urge its pas- | sage, Representative Clarence J. Mc- Leod, Republican of Michigan, today introduced a resolution to give reap- portionment legislation the right of way in the House. His resolution proposes “that imme- diately following adoption of the reso- lution the question of reapportionment of representatives among the several States in accordance with the provis- ions of the Constitution shall be ll:e exclusive business before the House. It provides further that the House shall proceed to dispose of the ques- tion only in the following manner: “The question shall be considered as ordered whether it is the sense of the House that the number of Repre- sentatives shall exceed 435.” This means that Representative McLeod desires first to have the House vote on the question whether the House member- ship should be limited to the present number as Speaker Longworth has ad- vocated or whether some other number should be fixed. He next proposes that “the committee on the census shall be forthwith dis- charged from further consideration of the reapportionment bill and the same shall be before the House for amend- ment and passage.” Mr. McLeod's resolution directs that the question of reapportionment shall continue to be the question of highest privilege in the House, excepting only questions of personal privilege, until Congress shall agree upon a measure in accordance with the Constitution and it shall be approved by the President. In order to permit the transaction of other business before the House in reg- ular order, Mr, McLeod provides that é, WARRANTS SOUGAT FOR 2 POLICEMEN Assault Is Charged as Result of Alleged Fight in Lobby of Hotel. Warrants charging assault against two policemen of the sixth precinct have been asked for by Lieuts. Hugh H. Groves and James D. McQuade as a result of complaints that the officers beat several guests and a clerk of the Jersey Hotel, 311 Pennsylvania avenue, November 23. Assistanit_ United States Attorney Joseph C. Bruce, to whom application | for warrants was made, stated today| that he had taken the request under advisement while he interviews wit-| nesses. Groves and MeQuade were assigned to | investigate complaints that several policemen in uniform had rushed into the hotel at a late hour and, without apparent justification, struck and kicked several persons who were in_the lobby. | Among those alleged to have been beaten were Warren Yates of Rocky Foint, Md.; Sterling Wise, R. H. Dow, the hotel clerk; Alfred N. Satterfield and J. H. Whitt of Quantico, Va. Maj. Edwin B. Hesse, superintendent of the Police Department, said today the investigators reported that Yates identified Precinct Detective Michael Dowd and Pvt. D. W. Rosser as the men | who assaulted Wise. Robert H. Dow, they reported, identified Rosser as the man who struck him. According to the report Satterfield could not identify the man who struck him, while Whitt said he would not appear in the case. certain provisions of this resolution may be temporarily waived by unanimous consent. The idea is to allow all im- perative legislation opportunity for enactment, but to hold the reapportion- ment as first order of business in the House until pused‘ A HELD N NURDER, HTTENPTS SUGDE | Colored Man Accused in Bit- _ ner Slaying Tries to Kill “..Self in Cell. Confronted With a charge of murder | as a -result of his alleged confession that he was one of the four colored | youths who on Thursday night partici- | pated in the murder of Philbert H. Bitner, 29 years old, 817 Sheridan street, Benjamin Aulick. Branson, 26 years old, 209 Florida avenue, last night attempted suicide in his cell at the tenth precinct station house by div- ing from his cot to the cement floor. He is now recovering from a sprained neck vertebra. Branson was the last of the quartet arrested. He was taken into custody early yesterday morning by Headquar- ters Detectives Paul Jones and Howard Smith after members of the homicide squad, under the direction of Lieut. Edward J. Kelly, had arrested the other three. Those first arrested are James Elmer | Crawford, 17 years old, 932 Florida avenue, who, police say, has signed a | confession that it was he who fired the fatal shot, and Carl Terry, 22 years | old, and Milton Edward Terry, 18 years old, brothers, both of 635 T street. All have been charged with murder. An inquest will be held at 11:30 o'clock tomorrow morning. Prisoners Make Statements. Following several hours of grilling yesterday, police announced they had obtained signed statements from Craw- ford and the Terry brothers. Crawford's is to the effect that the pistol he pointed at Bitner was accidentally discharged. Carl Terry admits he was one of the party, but Milton Terry, although ad- mitting ownership of the death gun, denies he was present. Branson, police claim, admits his participation, but re- fuses to sign a formal statement. The pistol was found yesterday in a house on Ninth street, where Crawford told police he bad left it. A hat found at the scene of the murder, in which was written the letter “B,” yesterday was identified by Branson as his prop- erty, it is claimed. The story, as related by Crawford and Branson, Was that Thanksgiving night they stole an automobile at Twelfth and V streets and then picked up the Terry brothers. After riding around for awhile, they stopped at the filling station at Sixth street and Rhode Island avenue where Bitner was employed, and that the shooting took plh:ce when they stepped from the ma- chine. Shooting Causes Hasty Flight. They ran back to the car and drove to the 1600 block Third street, a short distance away. They then walked to T street, where they separated, Branson going to hiy own home and Crawford going with 'the Terry vouths. They do not admit they w filling station for the purp bery. Three of them say tuey stopped for gasoline, but refuse to explain why Crawford shot Bitner. The tank of the automobile was nearly full of gaso- line, police say, when the machine was found after it was abandoned. Crawford said he obtain the pistol from Milton Terry. He leveled the gun at Bitner when they stopped at the filling station, one bullet biercing Bitner's abdomen and causing his death three hours later in Garfield Hospital. He was unable to_explain, however, why the second shot was fired. It went wild and lodged in a wall in the station. Before 'his death, Bitner told police an automobile containing four men drove up and two of them alighted. The man who held the gun announced, ‘We are going to get you,” and fired | twice, one shot taking effect. The men | then left without making any attempt | to steal anything. Detectives Make Arrests. Acting on private information, Kelly, accompanied by Detectives Joseph Waldron, Thomas Sweeney, George Darnell, John Fowler and John Flaher- ty, on Saturday morning went to the| home of the Terry brothers, arresting them and Crawford, who was with them. Statements from these men re- sulted in the arrest of Branson. Three other men arrested by the homicide squad because of their actions in refusing to pay the manager of a Mount Rainier, Md,, filling station for the use of a jack are still held. Ef- forts are to be made to connect them with recent filling station robberies. The inquest into Bitner's death was to have been held teday, but was post- poned at request of police so they might have an opportunity to have several robbery victims, among whom is Julius Goode, who was robbed of $300 Wed- nesday night in his tailor shop in the | 200 block of Florida avenue, attempt to identify the men. Goode was held up by seven colored men. Following Branson's suicide attempt last night, orders were issued for spe- cial guards over his former companions, each of whom is held in a separate station house. Branson is constantly under guard in the hospital. Bitnier, who is survived by his widow, was buried yesterday at Salisbury, Md., his birthplace. . 1t to the of rob- -SSR {and Mrs, Crosby; 1Survey Ship’s Crew) 1’ Reports Thrilling ‘Tropical Adventure| | 112 of Party Wrecked; | Another Finishes Task | | Despite Scorpion’s Bite. | By the Associated Press PHILADELPHIA, December 3.—Of- | ficers and crew of the United States| survey ship Niagara returned to the | navy vard. yesterday with tales of | thrilling_experiences encounted on a six months’ trip to_the tropics, where they surveyed the Bay of Panama for the Hydrographic Office in Washington Comdr. N. L. Nichols was in charge of the Niagara, ©On one occasion a 26-foot whale boat, in which 12 of the crew were survey- ing, was tossed so high that when the | boat struck the water its bottom almost | was torn away. A second wave then deposited them on a small uninhab- | itated island in the tropics. where they | were forced to remain until they could | repair their craft and return to the | Niagara, which awaited them two miles out. Alva Mattison of Sulphur Springs, N. | Y., was said to be one of the heroes of | | the party. Although suffering from the | | bite of a scorpion and alone on a moun- tain top 40 miles from the Niagara, he worked for days until his job was fi ished before signaling for help. Ma | tison, they said, received a citation for | faithfulness to duty from the Secretary {of the Navy. | 'The survey ship left here last April and | worked near the Perias Island, 40 miles | from Balboa. | Two airplanes accompanied the expe- | dition and complete aerial pictures were {made of the region embraced in the | | survey. BLACK CANYON SITE URGED BY EXPERTS |Express Preference Over Boulder Canyon for Irri- gation Dam. Preference for construction of a dam at the Black Canyon site on the Colo- rado River over that at Boulder Canyon was expresed in a report of the five experts appointed last Summer to in- | vestigate the subject. Their findings | were transmitted today to Congress by | Secretary West. Determining that it is feasible from an engineering standpoint to build a dam at Black Canyon that will safely impound water to an elevation of 550 feet above low water, the board of ex- perts declared the cost will be greater than that contemplated in the project authorized in the measure now pending in the Senate. The board placed the total estimated cost for all items in the pending bill at $176,000,000, based on a construc- tion period of seven years. The es mated cost was divided as follows: Dam and reservoir (26,000,000 acre-feet capacity), $70,600,000; 1,000,000 horse- power development, $38,200,000; the all-American canal, $38,500,000, and in- terest during construction, $17,700,000, making a total of $165,000,000. Should the canal to Coachella Valley be considered as a part of the main canal, the board said, these estimates would be increased by $11,000,000. Comparing the Black Canyon and Boulder Canyon sites, the board ' said: “In general, geologic conditions at Black Canyou are superior to those at Boulder Canyon. The Black Canyon site is more accessible, the canyon is narrow- er, the gorge is shallower below water level, the walls are steeper, and a dam of the same height here would cost less and would have a somewhat greater res- ervoir capacity.” The board, consisting of three engi- neers and two geologists, in its 19-page report goes exhaustively into the ques- tion of safety, economic and engineer- ing feasibility and adequacy of the pro- ‘duced structure and incidental works. It delves into a mass of statistical and cther information and reviews the his- tory of the project in detail. DIVISION HOPE. OF BILL. Representative Taylor Seeks to Protect Upper Basin States. By the Associated Fress. A bill for approval of the division of the waters of the Colorado River be- tween upper and lower basin States as provided in the Colorado River-Santa Fe compact was prepared today by Rep- | resentative Taylor, Democrat, Colorado. Mr. Taylor said his bill was aimed to protect the rights of the four upper basin States to seven and one-half mil- lion-acre feet of water yearly. Many applications for power projects are on file with the Federal Power Commission. After March 5 next the commission will be free to grant these applications. Under the Santa Fe compact, Colo- rado, New Mexico, Utah and Wyoming are granted seven and one-half million- acre feet of water yearly and the lower basin States of Arizona, California and | Nevada eight and one-half million feet annually . ‘The bill would restrict the water used for the development of power in the lower basin States to water already al- located to those States under the Santa | Fe compact. AMBASSADOR SPEAKS AT RIVERS CONGRESS| Army, Navy and Administration Officials Will Be Honor Guests at Willard. Ambassador von Prittwitz und Gaff- ron will address the National Rivers and Harbors Congress at 7 o'clock Wed- nesday night at a banquet at the Wil- lard Hotel, which will have as honor guests a number of Army, Navy and administrative officials. His subject will be “The Rhine-Main-Danube Canal.” Other speakers on the program are John B. Taylor, consulting engineer of the General Electric Co., and Strickland Gillilan, Washington writer. A musical program will be rendered by a section of the Marine Band Orchestra. Honor guests will include Gen. Sum- merall, chief of staff, and Mrs. Sum- merall; Gen. Crosby, chief of Cavalry, r Gen. Fechet, chief of the Army Air Service, and Mrs. Fechet; Admiral Hughes, chief of naval oper- ations, and Mrs. Hughes; Gen. Le Jjeune, commandant of the Marine Corps, and Mrs. Le Jeune; Maj. Gen. John L. Clem, retired, who was known in Civil War days as “the Drummer Boy of Shiloh,” and Mrs. Clem; Gen. Jadwin, chief of Engineers, and Mrs. Jadwi Gen. Deakyne, assistant chief of Engi- neers, and Mrs. Deakyne and Mrs. Mabel Walker Willebrandt, Assistant Attorney General. Sinclair Case Advnn;ml. Prompt action by the Supreme Court in the contempt proceedings against Harry F. Sinclair_for refusal to answer questions put to him by the Senatc oil Uncle Sam this year appropriated $83,000,000 for road building work; he gave $575,000 in 1918, 20 investigating committee, was forecast today when his case was advanced for hnr{u January 7, i ROTHSTEIN PAPERS NOW PROBE CENTER Grand Jury Eager to Trace Documents Taken After Gambler Was Slain. By the Associated Pri NEW YORK, December 3.—The life of Arnold Rothstein, as well as his death, today became a matter for con= | sideration by the grand jury which has | been | under which the gambler was slain. investigating the circumstances District Attorney Joab H. Banton is | concentrating upon a sear¢h for docu- ments taken from Rothstein's safe de- posit boxes and from his home. For the moment this activity will eclipse the homicide ang the evidence which, Mr. Ba said, has been a | sembled into “a beautiful case of cir- cumstantial evidence.” Regarded Connecting Link. ‘The missing documents, attorney said, conected Roth persons in the high places with repre- hensible activit He would not name the persons cribe the activiti “The grand ill take up this matter intensiv Banton said. “We know the documents have been stolen, and the grand jury will get all the evidence we have.” With three indictments for murder decided upen, the grand jury today planned to question “Tough Willie” Mc- Cabe, who is held in $10,000 bail as a material witness. While the county grand jury has been investigating Rothstein’s death, Federal authorities have been digging up the gambler’s past to see if he had any con- nection with an international opium- smuggling ring. Samuel Lesser, man- ager of the hotel where Rothstein lived, told investigators that the hotel regis- ters for the past few years might aid their inquiry, and the registers have been subpoenaed. Friends Also at Hotel. Sylvester said Jack Diamond, whose name has been mentioned frequently with Rothstein’s, lived at the same hotel, and that Sidney Stajar, beneficiary un- der Rothstein’s will, was a resident of the place also. Stajar is under $100,000 bail as a material witness in Rothstein’s death. George “Hump” McManus, charged with first-degree murder in Rothstein's death, has remained silent in his cell since his arrest. Police regard him as the only man in their hands who knows all the facts of the case. He has ad- mitted nothing since his surrender, but denies that he fired the shot which killed Rothstein. ELKS PAY TRIBUTE 0 DEAD MEMBERS Impressive Memorial Serv- ices Held by Washington Lodge for 29 Departed. Impressive memorial services for its 29 brother members, who died during the past year were held by Washing- ton Lodge, No. 15, of Elks, in the’lodge headquarters, 919 H street, last night. Before a crowd that taxed the large assembly hall to capactiy, a huge cross was lit, one light at a time, for each departed member as the roll was called by Police Inspector William S, Shelby, secretary of the order. Each light for a departed member was purple, and, the cross, located in a darkened hall, was later outlined with white lights— the purple and white being the colors of the order. Growth of Order Cited. A memorial oration was delivered by Fred Harper, past grand exalted ruler, » v who told of the growth of the Benev- ™ olent and Protective Order of Elks from one chapter with a few members to 1,500 chapters with a membership of nearly 1,000.000. He said that at the same hour throughout the country sim- ilar memorial services were being held. Foliowing the calling of the roll trib- ute was paid by four officers of the lodge, each representing an objective of the order—charity, justice, brotherly love and fidelity. Those taking part were Nathan Weill, exalted ruler; John D. Fitzgerald, esteemed leading knight; David J. Barry, esteemed loyal knight, and George E. Strong, esteemed lectur- ing knight. Members of the drill team, under command of C. E. Edware major, served as ushers for the cere- monies. The executive committee which head- ed the memorial committee was com- posed of John E. Lynch, Daniel R. Ni- hion and Inspector Shelby. Those who took part in the ceremony of the erec- tion of the memorial cross were M, G. McCormick, Sidney M. Wilder, Charles J. Montgomery, Lemuel Robey and Ed- ward J. King. Names of Dead Members. Those who died since December 4 last and for whom the services were held are: Louis Hodges, A. B. Ken- nedy. John A. Kiernan, William F. Walter, R. W. Patterson, John C. Det- weiler, F. H. Maccubbin, P. J. Bresna- han, Henry Nolda, Mark Blum, Edward L. Cogbill, N. J. Cartier, Michael B. Casey, Frank Endres, Walter R. Wilcox, John Edward Fowler, Edward J. Shine, Anton Pappas, Philip E. Sardo, Archie M. Murray, Harry V. Lansdale, William F. Morrison, Leo ‘Charles Krikawa, James Duncan, William E. Pairo, A. 7. Haralson, S. Guggenheim, John S. Dunn and Jerome Magee. Tennessee Bridges Asked. Representative Taylor of Tennessee introduced a bill t v to authorize J. M. Leek & Co., to bridge the Holston River near Ruggles Ferry, Knox County, Tennessee, and another to permit the City of Knoxville to build a bridge u‘cros: the Tennessee River at Henley street. MAMA WENT To A CLASS YESTERDAY AN’ LOINED HOW To COOK HEALTH £00D5 FOR 4