Evening Star Newspaper, January 5, 1929, Page 2

v » PRESIDENT ASKED TOAPPONT SHTH 13 Colladay and Lawyars Call| at White House to Urge Him for Judge. President Coolidge today received Edward F. Colladay, Republican na- tional committeeman from the District of Columbia, William T. Galliher, Re. publican State commitieeman from the istrict of Columbia. and a committee representing the District Bar Associa- tion, who called to urge the appoint- | ment of John Lewis Smith to the new Supreme Court judgeship created by a | recent act of Congress for the District. This delegation described Mr. Smith 25 being eminently qualified for this Judicial appointment, and reminded the | President that Mr. Smith had been indorsed - by the local Bar Association, of which he was at one time president. Will Consider Request. Mr. Smith also has been recommend- ed by the Republican State committee. The President was represented as not | committing himself, but assuring his callers that he would take under con- sideration what they had said regarding Mr. Smith. The President gave no in- dication that he has made up his mind | in the matter of making this appoint- ment, or that he intends to be in any great hurry in reaching a conclusion. | He is extremely anxious to obtain the | services of an outstanding lawyer, and he proposes looking over the field of | available attorneys very carefully in the hope of finding the best qualified one for this bench appointment. A number of names of local lawyers | have been presented to the President to be considered. Among these are George P. Barse, general counselor for the controller of the currency: Dale Drain, William W. Bride, corpora- tion counsel for the District, and Paul . Lesh. It is understood that George C. Butte of Texas, a special assistant to the Attorney General and formerly attorney general for Porto Rico, is being con- sidered for this place, as well as sev- eral other attorneys not residents of ‘Washington. Texan Is Considered. ‘While the President is known to pre- fer making a selection from among the Washington lawyers, it is thought that he will not hesitate to reach out into the States in his desire to obtain the services of a lawyer of the capacity and standards such as he is seeking for his bench appointments. Mr. Butte is known to have been seri- ously considered for appointment to the Supreme Court of the District when the President was casting about for some ! one to succeed Justice Hoehling when he resigned last year. As has been his practice in making appointments to the judiciary, Mr. Cool- idge is leaving the matter of investigat- ing the records of the various aspirants Sewed Up Windpipe Saves Life of Man |Five Stitches Taken to Restore Passage of Air Into Lungs. The surgical skill of an Emergency Hospital physician in sewing up the windpipe of Clarence Frank Cockrille, after he had slashed his throat and leaped through a second-floor window, is responsible for the saving of "‘Ei man'’s life. i Cockrille was brought before Dr. i James Camnpbell of the hospital staff carly last night in a precarious condi- | tion, his windpipe severed. Instead of following the usual procedure, adminis- | tering a flow of oxygen into the lungs | through a rubber tube, Dr. Campbell immediately sewed up Cockrille’s wind- ipe. P o one hour and a half the physician | and his assistants worked over the man, inserting five stitches in all. This morning it is said at the hospital that | he is on the road to recover Cockrille was found by his wife, Rosa, and daughter, Mrs. Mar ha Waple, after they heard his body fall to the ground |in_the rear of the house. . He was rushed to Emergency Hospi- | tal in the third precinct patrol, where he was found to be suffering from a bruised skull, broken nose, fractured arm, possible fracture of the lefi leg and shock, besides the slashed throat. At the home this morning the family explained that Cockrille had been in failing health for nearly two years, but had showed no signs of any particular | despondency yesterday. They said he suffered a 'vous breakdown, however, vo weeks ago. "“Cockrillf igsolhought to have inflicted the wound with a safety razor. WESTERN AND TECH.WIN IN BASKET BALL UPSETS First Matches in High School Championship Series Played This Morning. Two upsets marked opening play in the public high school basket ball championship series this morning in the Catholic University Gymnasium, when Western defeated Central, 26 to 19, and Tech triumphed over Eastern, 19 to 15. ‘Western played an uphill game to conquer Central, and Tech led East- ern throughout the second half after the teams had battled on even terms With Throat Cut 59 years old, 1630 Seventeenth street.| lof the new Congress soon after his | | upon farm relief wholly in the lap of | THE EVENING STAR. WASHINGTON, D. C., ! FARM [SSUE HELD ! dependent of Legislation, Correspondent Opines. BY MARK SULLIVAN. By Radio to The Star. ABOARD U. 8. S. UTAH, en route to Hampton Roads, Va., January 4,—As respects farm relief legislation, so much ' under discussion in connection with | Mr. Hoover's return to Washington, the | central fact is that during the recent presidential campaign Mr. Hoover made a statement of his position and his in- tention. The statement was to the| effect that he regarded farm relief as | imperatively necessary before the end | of another crop year, that he hoped the existing Congress would pass such leg- islation at the session now being held, and that if the present session should not act, he would call a special session inauguration on March 4. This leaves the subjects of farm re- ! lief and of special ion contingent | Congress and the gods. The inferences that Mr. Hoover’s return to Washington | | is connected with any concern of his ' about farm legislation are wide of the | mark. From the point of view of the self- interest of an incoming President, there are advantages and disadvantages in having a special session of Congress, and ordinarily the two about balance each other. Predicts Special Session. The confident guess of a corre- spondent momentarily distant from the | scene is that the present Congress will not enact farm relief within the 47 working days left of its life, and that, therefore, a special session 6f the new Congress will be called by Mr. Hoover soon “after March 4. It is possible, of course, that the events may turn out otherwise. In any case, concern about whether the pres- ent Congress passes Or does not pass legislation is neither a primary nor a secondary motive for Mr. Hoover's re- turn to Washington. For that there are wholly sufficient and convincing reasons. Mr. Hoover must appoint a cabinet of 10 members and many minor officials. In that process he must confer with many men. for the first part of the game. DRIVER OF DEATH CAR DRAWS FINE OF $100 Charged With Reckless Driving as to Attorney General Sargent, and there- fore the recommendations of the latter will necessarily be influential when the time comes for the President to make a decision. ‘While the President gives no indica- n that he will make the appointment y time soon, the feeling about the ite House is that the appointment a United States attorney for the listrict to succeed Peyton Gordon, who been appointed to the Supreme urt bench to succeed Justice Hoeh- Jing, will be made very shortly. The @etneral impression is that Leo A. Rover, ‘who was assistant United States at- torney when he was appointed by the court to serve as attorney until the President made an appointment, will be given this post by Mr. Coolidge. . JAMES T. KELLEY, BOSTON ARCHITECT, DIES HERE ‘Well Known as Exponent of Colo- nial Architecture—Built Homes All Over Country. James Templeton Kelley, architect of 57 Mount Vernon street, Boston, died suddenly last night while he and Mrs. Kelley were visiting Mrs. Eugene Byrnes at 2120 Leroy place. He was a member of the Society of Architects and was well known in the profession as an exponent of colonia! architecture, having built many homes of note in various parts of the country. He was a resident of Beacon Hill in Boston for 40 years. He is survived by his widow, Mrs. Marion Severns Kelley, and his brother, ‘William Kelley of Boston. Funeral a rangements have not yet been com- pleted. BUREAU OF EFFICIENCY REPORT IS DEMANDED Chairman Gibson of the subcommit- tee which is making a study of the mu- micipal government today made an ur- gent demand upon the Bureau of Efi- clency for a report on the building in- spector’s office which has been delayed beyond Mr, Gibson's expectations. Representatives from the bureau and Mrs. Mabal Walker Willebrandt, Assist- ant Attorney General, have been invited to attend the meeting of the subcom- mittee Monday and Tuesday. Mr. Gib- son explained his intention is to get a Teport from mvestigators of the bureau on the status of the studies they are making on specific District activities and then to make a check to determine what further investigations must made. Mr. Gibson expects to receive from Mrs. Willebrandt the details of her plan for better enforcement of prohibition laws in the District of Columbia. LIKELY ENVOYS NAMED. Four Expected to Be German Rep- arations Delegates Listed. BERLIN, January 5 (#).—Germany’s principal delegates and two deputy del- egates on the experts’ reparations com- mittee are expected 0 be Hjalmar Schacht, president of the Reichsbank; Carl Melchior of the Hamburg banking firm of Warburg & Co.; Carl Bergmann, a partner in the Frankfort banking firm of Speyer, Ellisen & Co., and Al- bert Voegeler, managing director of the United Steel Works of Duesseldorf. Herr Bergmann was formerly undersecretary Result of Fatal Injury of Pedestrian. Charged with reckless driving as a resuit of a collision which resulted in the death of a pedestrian, Dr. Frank W. Gray, colored, of the 300 block of B street scutheast was fined $100 by Judge John P. McMahon in Traffic Court to- day. i On November 15 the car operated by Dr. Gray ran down Joseph Lacy, aged colored man, at Seventh street and Pennsylvania avenue southeast. Judge McMahon end Assistant Corporation Counsel Stanley De Neale, who prose- cuted the case, inspected the intersec- tion where the accident occurred alter an inquiry was made by the Gibson subcommittee, Cy. Gray testified he was watching a group of children who he feared were about to run into the street and failed to observe the victim. COOLIDGE SELECTS LEO A. ROVER FOR U. S. ATTORNEY’S POST (Continued From First Page.) ri the several trials incident to the dn:v‘:lwnll lease cases, ‘3 t‘l:lhicth he p:o rominently figured w! e two spe- ghl attorneys representing the President. 1t has been known for some time that Attorney General Sargent, to whom the President looks for advice and sug- gestions in the matter of problems of this kind, had some tiwe ago recom- mended that he appoint Mr. Rover to this place. It is thought, however, that the post- ponement in making the appointment was due to the insistence on the part of local Republicans and others that the appointment be given to James M. Proctor. The latter had the indorse- ment of the Republican State commit- tee for the District of Columbia. as well as other individual Republican leaders and members of the bar. Mr. Rover is a native of Washington, having been born in this city 40 years ago. After attending the public schools he studied law at the Georgetown Uni- versity Law School and entered upon the practice of his profession in 1910. Four years ago he accepted appointment as an assistant in the office of the United States attorney, and he event- ually was promoted to principal assist- ant. Leo A. Rover, a native of Washing- ton, was born August 15, 1838, and edu- cated in the District schools and col- leges, receiving the degree of bachelor of science, master of science, master of arts and bachelor of laws, following which he was admitted to practice June 20, 1910. He immediately engaged in the general practice of law. Mr. Rover entered the office of United States Attorney Gordon as an assistant September 16, 1924, and was promoted to the place of first assistant July 1, 1925, on the retirement of Vernon H. West. He had charge of all civil liti- gations to which the United States a party in the local courts; has prepared the pleadings and conducted the trials in court. Mr. Rover has handled many intri- cate and involved problems concerning the civil interest of the Government, as the local office represents all cabinet offices excepting the Secretary of the Interior. Mr. Rover is married and has four children. He resides at 1300 Quincy street northeast. Gen. Beeson Dies at 90. of state. The only point to be determined is whether the second principal delegate besides Herr Schacht shall be a finan- cler or an industrialist. DES MOINES, January 5 (#).—Gen. Byron A. Beeson, 90, Iowa, Civil War veteran and former treasurer of the National Soldiers’ Home at Hampton, Va., died today. Classified advertisements for up to 5:30 p.m. Saturday. At the It Matters Little If the Maid Leaves Main Office up to 11 p.m. day before issue, and for the Sunday Siar Simply send a Help Wanted advertisement to The Star and secure another, and may- be a better one, by next day. All classes of Help are daily supplied through Help Wanted advertisements in The Star. the Daily Star are received at the Branch Offices, one hour earlier, With some of the men he must confer more than once. In addition to the appointments he must make, there are other matters about which every in- coming President should consult party leaders and others, In meeting all these needs, Mr. Hoover could cause many men to make the long journey from Washington to Florida at the precise time when their attendance on congressional and other duties is extremely urgent. On the other hand, Mr. Hoover by himself passing a week or 10 days in Wash- ington can clear these matters up in &, minimum of time and with maximum convenience to everybody. Furthermore, Mr. Hoover is the own- er of a house in Washington from which he must soon engage in a for- midable “moving” and which must be disposed of. ‘The fact that something like a sen- sation has been made of Mr. Hoover's return to Washington rests on a queer assumption, which, if it should go on, might soon become an equally queer tradition. The assumption is that there is something dangerous or im- roper or otherwise dubious about a President-elect being in Washington during_the closing weeks of the out- going President’s regime. Incldent Dates Back fo Taft. ‘This queér notion arose out of an incident that occurred when William H. Taft went to Washington and sed some time at a friend’s house. In the always seething gossip of Washington it came to be said that more leaders were calling on th2 President about-to- be than on the one whose power and glory were about to depart. From this it came to be said that Roosevelt was irritated and that Taft's staying in ‘Washington was a cause of the sensa- tional breach betwesn the two men which subsequently became the much more sznsational breach in th: Repub- lican party. In all this there was much fantastic nonsense. The breach between Roose- velt and Taft had begun a considerable time before, and arose out of causes more substantial than Taft's stay in ‘Washington. Doubtless it is true that by the time Taft came to Washington the respective partisans of the two men were in a mood in which anything either man did, however innocent, was construed as a cause of offense. How- ever that may be, there is not the faintest analogy between the Taft- Roosevelt and the Hoover-Coolidge situations. Moreover, it is probably undesirable in the public interest that the notion about an incoming President staying away from Washington should crystal- ize into a tradition. We should soon have newly-elected Presidents lurking furtively about the outskirts of the country untfl the last trains that would get them to Washington on the morning of March 4. The notion is based on the babyish idea that an outgoing President and an incoming one cannot meet without the one glaring with jealousy and the other looking apologetic. ~ Actually, in the public interest it is most desired that the process of a President handing over the affairs of the country to his suc- cessor should be attended by frequent and friendly meetings. Certainly this is so when the two men are of the same political party. (Copyright, 1929.) FACE JUNGLE PERILS IN FRENCH CAPITAL Paris Professors Study . Yellow Fever by Inoculating Big African Monkey. PARIS (#).—Many of the adven- tures of the jungles were the lot, in the city of Paris, of the two sclen- tists who discovered a new yellow fever serum. They worked with big African monkeys, a kind difficult to handle at any time, but rendered both sav- age and deadly by yellow fever in- noculation. Almost alone they car- riedon, Prof. Auguste Petit and Dr. Georges Stefanopoulo, with about 50 monkeys and several hundred guinea pigs as companions. At the crucial period of the experi- ments Dr. Stefanopoulo slept night after night on & cot near the monkey cages. ‘hree or four times nightly he rose to examine the condition of the in- fected animals. If a monkey seemed near death, he chloroformed it quickly in order not to lose the yellow fever virus, for when dead the monkeys yield no virus. A rifle always stood handy, for occasionally a monkey broke away. On several occasions monkeys got out of DUTY OF CONGRESS | Hoover’s Trip to Capital In- | Martin Jenter, Mount Vernon artisf will be exhibited by the Uniled States March 15. safety device known to aeronautical engineering. exhibits for the United States commission to the exposition.—Underwood photo. SATURDAY, t, working on the model airport which Depariment of Commerce, aeronautics division, during the International Exposition at Seville, Spain, which opens; The airport has all the conveniences of a country club and every Mr. Jenter is a director of AT ANERGANS PREFEREURIPEAN American Enterprise Meets Sentimental Handicap in Business. BY WILL IRWIN. By Radio to The Star and the North Amer- ican Newspaper Alliance. ABOARD U. 8. 8. UTAH, EN ROUTE TO HAMPTON ROADS, January 4.— As he crossed the Andes Pampas, as he listened to the trade and economic experts in the ports he visited, Presi- dent-elect Hoover's fingers must have itched to get back to bis old trade of engineering. South America, which holds the most formidable mountain range of the world and the greatest tropical river, is built on a grandiose scale, and will yield her richest treasures only to great and soundly conceived operations—railroads, bridges, highways, harbors and such as Mr. Hoover used to construct during his 19 years of professional practice. Europeans Preferred. Here, in South America, American enterprise encounters a sentimental handicap. The governing white breed came mostly from the Latin nations of Euro{)e. ‘The immigration, which may double the population of some of these countries within 40 years, proceeds from the same quarter of the world. Instinc- tively they prefer to deal with Spain, France and Italy rather than with us. Europeans know this, and for purely material reasons are keeping alive the talk of a Latin culture. They are even spending, in some quarters, a good deal of dmoney on propaganda aimed to that end. In time of peace our Government has never spent a cent abroad for propa- ganda. Probably it never will. But where we have behind us the logic of the dollar to fight the logic of the franc and lira we win in the end. As every one knows, we lead the world in such manufactured products as can be made by our continuous processes and mass methods. American type- writers cleaned up that field long ago. American automobiles have 90 per cent of the South American trade. And in large rough ground-breaking operations, our engineers and engineering firms ex- cel all their European competitors. Hoover Carried U. S. Spirit. That, aside from his abilities, was the sccret of Mr. Hoover’s success in his roving engineering days. He carried abroad the American methods which he learned as a boy in our West. In spite of much pressure on the gov- ernments from competing Euro] firms, more and more of the bus! of drilling for oil, running highways, building irrigation reservoirs and the developing of the water power of South America is falling imto the hands of American firms. This probably will play a large part in our future trade and political rela- tions with South America. Copyright, 1920. by North America News- paper Alliance. BURIAL SCHEDULED TODAY FOR MRS. HENRY BROWN Victim of Automobile Accident to Be Interred in Arlington Cemetery. Burial services for Mrs. Henry A.! Brown of 4472 Reservoir road, who died | In a Miami, Fla, hospital Thursday morning from injuries recelved Wednes- day night when an automobile in which she was riding with relatives was struck by a fire truck, will be held in Arlington Cemetery this afternoon. Mrs. Brown's son-in-law and daugh- ter, Mr. and Mrs. A. J. Townsend; Mr. Townsend’s mother, Mrs. Florence F. ‘Townsend, 1835 Phelps place, and Mrs. Marian Brown, a relative of the Towi sends, were in the automobile with Mrs. Brown and sustained injuries. The son- in-law and daughter were not seriously injured and returned to Washington to- day. Their home is in Beaver Falls, Pa. Mrs Brown was the widow of Col. Henry A. Brown, formerly of the Chap- lains’ Corps, U. S. A. She is survived ny her daughter; a brother, Clarence M. Charest, general counsel of ‘the Bureau of Internal Revenue, and a sister, Miss Mabel Charest of this city. WATER IS FIRE' PERIL. In Some Cases Use as Extinguisher Aids Flames. NEW YORK (#).—A warning from the Underwriters Laboratories tells how water is becoming less general as a fire exungulsher as applied science develops synthetic utilities, For wood, paper, textiles, rubbish and all ordinary combustible materials, the warning says that water still holds its quenching powers. But when oils, greases and gasolines are concerned, water adds to the peril by spreading the flames, and the foam or heavy gas type the windows and ran over adjoining roofs with a huntinwty in pursuit. Their serum has n tested at the institute and they have notified the|risk of causing electric shock, and car- |in adjoining buildings Academy of Medicine that it is & suc- cess as & preventiye and as W cure, of_extinguisher is needed. For fires in electrical equipment wa- ter is still more dangerous, invovling bon types of extinguishers are recom- mended. KING IS IMPROVING, BULLETIN REPORTS Slight Gains Are Scored After Marking Time for Two Days. By the Associated Press. LONDON, January 5.—King George has scored another gain in his fight for recovery. After two days in which his majesty’s condition remained stationery, his doctors were able this morning to report a further slight im- provement. The medical bulletins, meanwhile, have showed that the King was passing his days more comfortably and resting better at night. This gratifying state of affairs, it was taken for granted was notably helpful in bringing about the betterment announced today. The morning bulletin said: “The King has had a good night and there is a slight improvement in his majesty’s condition.” Further Advance Hoped. Palace circles regarded this morning's bulletin with satisfaction, and hope was expressed that the small improve- ment noted today might be followed by a further advance. Sir Hugh Rigby, the surgeon, who did not call at the palace last night for the first time since his operatiog on the King during December, arrived with Lord Dawson of Penn shortly be- fore 10 this morning and the two doctors remained in consultation with Sir Stanley Hewitt for more than an hour and a half. It was stated that no significance was tdn be attached to Dr. Rigby's visit to- ay. Ruler Sleeping Better. ‘The King has been sleeping better of late Since nothing to the contrary was said in the official bulletins, it was supposed today that he Lad been taking nournishment in sufficient quantity to maintain, if not actually increase, his strength. ‘The importance of inducing tne King to take nourishment has brcught into prominence Sister e Simmonds, & dletetic specialist, who had part of training in America. Owing her spe- cial qualifications. to a study of dietetics at the Rockfeller Institute in the United States, Sister Rose, after return- ing to England and resuming hey work at the London Hospital, became head of its dietetic department. There she has shown herself expert in preparing food for the sick, making them by flavorings and variations tempting to patients who, like the King, were dis- inclined to take nourishment. ‘The growing confidence at the palace 3 | over the King's condition was further revealed when his sons decided they could venture a shooting party lasting several days at Sandringham. The Dukes of York and Gloucester will go flr:;., to be followed by the Prince of Wales. TIDEWATER POTOMAC HISTORY IS DEPICTED Paul Wilstach Describes Important Place Occupied by 120- Mile Stretch. The important place in American history occupied by the 120-mile stretch of the tidewater Potomac from Little Falls to the Chesapeake was described for members of the National Geographic Society last nlih& by Paul Wilstach in an address at the Washington Audito- rium. Mr. Wilstach has written a num- ber of books about this region. Beginning at old St ry's, where Lord Baltimore's colony made its first settlement, the speaker traced the grad- ual development up the river, where many of the finest of the great colonial manor houses were erected. While some of the famous old residences have fallen into ruin or have been destroyed by fire, as_was Wakefleld, birthplace of George Washington, many others are in good repair today, Mr. Wilstach pointed out. Views were shown of Stratford Hall, the ancestral home of the Lees; Gunston Hall, Carlisle House, Arling- ton and Tudor Place, the latter in Georgetown. Other photographs showed the life of today in some of the backwater reaches of the tidal region, where sur- roundings and cfistoms have changed little in the past 200 years. A considerable part of Mr. Wilstach's talk was devoted to Mount Vernon and its gardens. He praised the work of the Mount Vernon Ladies’ Association and defllcud the results of its activities by exhibitng first a photograph of the house in its shabby condition at the time of 'the Civil War and immediately afterward & view of the place after the association’s restoration. Chicago Restaurant Bombed. CHICAGO, January 5 (#).—The sec- ond bombing of the new year shattered the entrance to a newly opened West Sl;e restaurant early today. Windows re broken by the bomb, made from a pall, plaster of and black pow 3 JANUARY 5. 1929 REPORTS GOOD YEAR FOR D. C. BUSINESS Merchants and Manufac- turers’ Head Foresees More Encouraging Conditions. Washington business men generally enjoyed a good year during 1928 and may look to conditions in the ensuing year with optimism, Gen. Anton Stephan, president of the Merchants and Manufacturers’ Association, de- clared yesterday in his annual report to the board of governors of the associa- tion. “The rapid growth of Washington's industries and the important part they play in our business life has not been generally realized,” he said. “In 1925 | there was produced in Washington goods valued at $83,000,000, while in 1926 this total reached $90,279,276, an increase of more than 8 per cent. When the immediate suburbs in Maryland and Virginia, in which many of the in- dustries are located, are included, the total exceeds $100,000,000. Outstanding Factors. “Outstanding factors in the general business situation during the past year were the recovery of the real estate and building activity, the Federal building program, the increased salaries for Gov- ernment employes, totaling $20,000,000, and the continued growth of local in- | dustrial undertakings. “With the many additional miles of improved roads leading into Washington, which are now making it possible for many thousands of additional people to trade in Washington who formerly were compelled to trade elsewhere, the retail market now has expanded so that it now includes more than 700,000 people. “National trade organizations are in ever increasing numbers deciding to establish their headquarters here, Many of these organizations require large staffs of high salaried business and professional people. Business men of the National Capital may view with optimism these trends, which mean a rapidly increasing population of a rela- tively high purchasing power,” he de- clared. Statistics Cited. Gen. Stephan cited statistics pre- ared by the Federal Reserve Board, Kucnl banking institutions and other business analyses which, he said, in- dicated that 1928 was a good business year. Bank clearings, regarded as a good index of the volume of business, show- ed consistent improvement over 1927, he said. October established a new monthly record for all time with total clearings of over $137.000,000 and like- wise bank clearings for the year 1928 established a record, having a total of more than $1,435,725,600, which exceed- ed by $43,000,000 any previous year’s report, he said. ‘The association adopted a resolution reiterating its support of the Com- munity Chest, a movement which it has been advocating for years, and urged public support for the chest organiza- tion which soon is to launch its first campaign for funds for the co-operative plan for financing local charitable and social service organizations of the city. FILM COMPANY HITS TALKIE CENSORSHIP Pathe Exchange Files Injunction Proceedings in New York Supreme Court. Special Dispatch to The Star. NEW YORK, January 5.—The right of the authorities invested with the is- suance of licenses for motion pictures to pass judgment also on the dialogue, in case the films are sound pictures, is challenged in an injunction proceeding filed in the New York Supreme Court yesterday by the Pathe Exchange, Inc. Upon the latter's application Justice Mitchell’ issued a temporary injunction forbidding Frank P. Graves, State com- missioner of education, and Gen. James wmvte, director of the motion picture division of the State education depart- ment, to interfere with the exhibition of the sound picture “Sal of Singapore” pending the outcome of the proceeding. The Pathe Exchange Inc., in its peti= r | tion said the original of the picture and four prints were licensed by Mr. Win- gate on October 11. Subsequently Pathe prepared sound dialogue for the picture, On November 2 the Pathe company sought licenses for six additional prints. ‘These were granted, but they bore the notice that the exhibitions of the pic- tures with dialogue or sound not ap- proved by the State education depart- ment would invalidate the licenses. It is lrgxed by the motion picture company that the State education law requires th> State to license every pic- ture unless the film or any part of it is 1indecent, obscure, sacreligious or would tend to corrupt morals or incite to crime. 166 NEW FLU CASES. Total for Day Sets High Mark for ‘Winter Here. 0 One hundred and sixty-six cases of influenza were reported to the District Health Department today—the largest number in any one day this Winter. Two deaths were also reported, making a total of four deaths in January thus far. Eighty-one reports of recoveries from the disease were received. ‘RACKET COURT’ CREATED CHICAGO, January 5 (.—A “Racket Court,” designed particularly to apply justice to the racketeer, has been created by Chief Justice Har: Olson of the Municipal Court and "m function for the first time Monday. Judge Daniel P. Trude will preside. By an arrangement with the United States district attorney the court will handle minor prohibition law violators and 19 other types of cases that fall in the catalogue of “racket Boy Dies of Lockjaw. RICHMOND, Va. January 5 ().— William Ashby Wells, 10 years old, of Union Level, died at a hospital here last. night of lockjaw caused by burns on his hand from the explosion of a blank cartridge. BAND CONCERT. By the United States Soldiers’ Home Band Orchestra, in Stanley Hall this evening at 5:30 o'clock; John S. M. Zim- mermann, bandmaster; Anton Pointer, assistant leader. March, “Victorious Phalanx Overture, “The Hand of Fell Bigge Suite romantic, “Atlantis” (The Lost Continent) . Safranek (a) ‘l‘}bll‘ocm'x:n Morning Hymn of (b) “A Court Function.” (¢) “I Love Thee.” (d) “The Destruction of Atlantis. 2.” Melange, “Master Melodies No. 3,” Roberts (Melodies from the operas of the past.) Fox trot, “A Midsummer's Dream,” Conrad ( Popular waltz song, “Your Good-by L AT .. Moret | Finale, “He-He-He-Heegan"...Schuster . "The Star Spangled Banner.” ‘Get Down to Earth’ In Matter of Debts, Miss Mix Is Warned By the Associated Press. LOS ANGELES, January 5.— Ruth Jane Mix, daughter of Tom Mix, cowboy screen star, should “get down to earth” Superior Judge Elias V. Rosenkranz sald here yesterday when it was brought out in court that she owes a $1,000 hotel bill in New York. Miss Mix sought to collect a monthly allowance of $225 for December from her father. R. D. Knickerbocker, Mix's at- torney, explained that Mix had given him a check for the amount, but that a collection agency had attached it on a debt claim against Miss Mix. “An 18-year-old girl ought not to spend so much money” said Judge Rosenkranz. “She has been given $225 a month to live on and should try to be more modest about her ways of living.” BORAH 1S AT HELM OF G. 0. P. MACHINE Idahoan Prefers Guiding Par- tisan Policies to Portfolio in Cabinet. BY DAVID LAWRENCE. Senator Borah of Idaho has be:n talked of for Secretary of State, but tr role he will play in the next administra- tion is better exemplified by what he | now is doing in the Senate. He has as- sumed the leadership of his party. Senator James Watson of Indiana may be chosen leader and Senator Jones of Washington probably will do much of the work on the steering committee for the new administration, but the man who will control will be the Idaho Sen- ator. ‘This development is the result of an unusual chain of events. Mr. Borah has been “off the reservation” most of the time in preceding administrations, but he became the most regular of regu- lars in the last campaign, and made some of the most powerful speeches on the stump that were made by anybody in behalf of Herbert Hoover. In a sense he committed the Hoover admin- istration to an extra session on farm relief and to a progressive course of action on major policies. Now Senator Borah as the defender of the Kellogg anti-war treaty has re- vealed himself as able to withstand at- tack though for the most part he has been on the offensive himself. People said he would not enjoy being the spokesman and defender of any admin- istration, but today he is bearing the brunt of the attack against the Kellogg treaty. Against Cabinet Post. Mr. Borah could be Secretary of State, but has passed the word along that he prefers to remain in the Senate. It is reported that Mr. Borah favors the ap- pointment of Dwight W. Morrow, pres- ent Ambassador to Mexico and a former partner in J. P. Morgan & Co. Mr. Morrow's record. in Mexico has earned him the respect and admiration of many members of the Senate, who would ordinarily oppose confirmation on the ground of connection with an international banking house. His dedi- cation to public service has been ac- cepted here, and the fact that Mr. Borah favors him is likely to be & point of no small importance ‘when Herbert Hoover considers the portfolio of Secre- tary of State. Mr. Borah as a spokesman for the Hoover administration could make him- self the most powerful force in the Sen- ate in this generation. For nobody has | in the last 10 years felt able to recon- clle opposing groups in the Senate. Future of Borah. For one thing the party majority has been slender and nobody from the in- surgent group has been in the saddle. ‘The Eastern conservatives have usually tried to dominate party affairs. Senator Curtis enjoyed a measure of success as leader because he came from the West. The experiment is being pointed to as added evidence of the wisdom of entrusting Borah with the job of han- dling the administration’s problems in the Senate. This does not mean that Senator Borah would swallow hook, line and sinker every administration sugges- tion, but it does mean that if he and other members of the Senate are con- sulted in advance on important policies, the chances of getting such legislation approved by the Senate will be greatly increased. Certainly the effect of Borah leader- ship in the treaty fight has been sig- nificant. If Mr. Borah were on the other side, he could have delayed and defeated the Kellogg pacts as easily as the League covenant was beaten. There is ammunition enough for the irrecon- cilables in the British notes of comment on the treaties, but Mr. Borah stands four-square with the administration against reservations, and the treaty will be ratified with only a handful of votes in opposition. Senator Borah is already leading the Senate. (Copyright. 1929.) HGHCOURTSTUDES RATENAING CASE Gives No Indication Whether It Will Pass on Validity of I. C. C. Order. Prior to taking under consideration the case of the St. Louis & O'Fallon Railroad against the Government, the Supreme Court yesterday gave no in- dication whether it would pass on the broad question of the validity of the Interstate Commerce Commission’s order valuing the road for purposes of rate making and recapture of excess earnings. The case was accepted for considera- tion after counsel for the carrier in & closing argument contended that the commission, in valuing its property, had failed to follow the transportation act and had undertaken to set up a plan of its own. ‘The closing day of the hearing was largely taken up by Government coun- sel. George W. Wickersham, Attorney General during the Taft administration, attacked the railroad’s argument that valuation should be passed on repro- duction cost, contending that if this were done, it would plunge the country into financial chaos. Noting that this theory was being advanced by the O’Fallon road and supported by others, he declared it was unsatisfactory to {\vry conservative carrier in the coun- ry. Defends Commission. Walter L. Fisher, Secretary of the In- terior in the Taft cabinet and special counsel for ‘he commission, said in his opinion the case raised the question whether the “transportation act is to be made practically effective as the great- est constructive piece of legislation Con- gress has adopted since the interstate commerce act or whether railroad stocks are to become the most speculative dealt with on the stock exchange.” He declared the commission was “do- ing the best any human agency could do” in determining fair valuations for railroads “by considering all factors, in- cluding reproduction, original cost and many others,” he said, the commission was carrying out the contemplation of the act, “the only way the act can go into effect.” Prederick H. Wood had 12 minutes remaining to close the case for the rail- roads by Thursday's order of the court, but Chief Justice Taft granted him 13 minutes additional to answer the argu- ments by Wickersham, Fisher and Donald Richberg, general counsel for the National Conference on Valuation of American Railroads, who concluded his statement shortly after the court went into session. Attacks Valuation. Wood launched a swift flurry of ar- guments against the commission's valu- ation of the roads on the basts of the year 1914, and assailed its refusal to adopt re})roductlon costs, minus depre- clation, for the purpose. “Congress didn't direct the commis- sion to take a pre-war valuation pe- riod,” he said. “It contemplated - ing the value for the period for which it was to be used.” He declared it might be easier for the commissicn to take the 1914 value, but argued that by this means valuation would become nothing more than the function of an office clerk, no longer requiring judicial determination. Another crowd, including many promi- nent attorneys and business leaders, jammed the courtroom for the second and closing day of hea on the case brought by the 9-mile rail L Both Wickersham and Fisher con- tended that the commission in its valua- tions had proceeded in exact conformity with the wishes of Congress, in a way work to e, weight to investment values. . s WHALEN RAIDS AIM AT POISON LIQUOR New York Police and Federal Au- thorities Unite in Clean-Up. By the Assoclated Press. NEW YORK, January 5—The city police and Federal authorities were united today in a drive against vendors of poison liquor and crime breeding speakeasies. ‘Three Federal judges have agreed to sit in criminal session to hgndle the flood of cases resulting from police raids of the past 10 days. Warned by Commissioner Whalen that there must beino abatement in their activity, police last night raided more than 50 speakeasies and two large dis- tilling plants, making 61 arrests. This brought the total of prohibition raids under the regime of Commissioner Whalen to 589. The police commissioner said he was not attempting to close all the places selling liquor in New York, estimated by prohibition officlals at 15,000 to 20,000, but said he was concentrating his efforts on resorts suspected of dis- pensing poisonous liquor and known as breeding places of crime. Besides the Federal prosecutions, speakeasy proprietors accused of main- taining a public nuisance will be tried in the State courts, without recourse to jury trial, such as is necessary in Federal courts. Sensation Follows Sensation! “The VICARION” by Gardner Hunting ‘Who was she, this beautiful girl whom the weird in- vention of Radley Brainard had projected from out of the past? Did she still live, or was Radley’s search for her but another chase of the will-o’-the-wisp? Don't miss a single chapter in this story of an astound- ing invention. Beginning Monday in The Star