Evening Star Newspaper, January 26, 1929, Page 4

THE EVEN NG STAR, WASHINGTON, D. C, SATURDAY, JANUARY 26, 1929.° CTION ON MERGE ORDERED DELAYED Senate Committee Allows Time for Citizens to Study 7 New Plan. The Senate District committce today postponed action on the street railway merger question until Thursday to per- mit local organizations or citizens to study the plan as modified by the sub- committee and by the committee’s ex- pert, Dr. Milo R. Maltbie. When the committee met this morn- ing, Chairman Capper read several let- ters he had received asking for an ex- tension of time in which to obtain views on the rewritten merger resolution. They were from W. A. Roberts of the Citizens 'Advisory ~ Council, William McK. Clayton of the utilities committee of the Pederation of Citizens' Associa- tion, A. C. Hayden of the Central Labor Union and Mercer G. Johnston of the People’s Legislative Service. Sackett Resolution Adopted. Some members of the committee took the position that the question has been thoroughly gone over by the subcom- mittee with a recognized expert and that the committee should proceed to take action. Other members declared it would be better to wait a few days to enable the full committee and others interested to go over the &m\l draft as odified by the subcommittee. mA mofloxz by Senator Sackett, Repub- lican, of Kentucky was adopted post- poning consideration of the merger until 10 o'clock Thursday morning, at which time an hour will be given to opponents who may want.to be heard. After the letter from Clayton and Roberts had been gead, Charles 1. Sten- gle told the committee that he was a member of both the federation and the council, and suggested tha¥ the com- mittee should regard the communica- tions it received this morning as per- sonal letters. Stengle declared the at- titude of both organizations toward the merger is a matter of record before the committee and that there has been no action since. This statement led to a difference of opinion between Sten- gle and Senator Blaine Republican of Wisconsin, as to what took place at & recent meeting of the Advisory Council when changes in the merger were under ion. Police Fund 0. K’d. After laying aside the merger until next week, the commiggtee ordered a favorable report on the joint resolution giving the Commissioners $25,000 for additional lice arrangements and other expenses cident to the inauguration program. While the committee was debating whether to postpone the merger until next weey Senator Jones, Republican, of ‘Washington, pointed out that the post- ponement would not delay Senate action, because, if there is any differ- ence of opinion, he did not believe the question could be taken up in the Sen- ate within the next week. Senator Glass, Democrat, of Virginia declared the committee could acquit it- self of responsibility for further delay by acting now. Senator Capper said there was merit in the suggestion that further time be allowed for all members of the commit- tee to go over the final draft as changed in the subcommittee. ‘The committee did not get down to a discussion of the amendment proposed yesterday by Senator Blaine, which ‘would require the Public Utilities Com- mission to value all local utilities on the prudent investments basis. It is pro- posed as an amendment to the merger resolution, but would apply to all util- ities. MUSIC UNUSUAL MORNING PROGRAM. One of the most unusual and attract- fve programs ever given in Washington was presented before the members of the Friday Morning Music Club yester- day. There was a gala assortment of two plano and string quartet music, with two of America’s leading present- day composers—Mary Howe of Wash- ington and Ethel Glenn Hier of New York—sharing honors with Claude De- bussy and Johann Sebastian Bach. Both of the woman composers were present, Miss Hier making a flying trip from New York for the purpose. The club mem- bers must have anticipated something out of the ordinary for the hall's ca- pacity was taxed and there were many musicians present in addition to those who are of the club’s membership. Anne Hull, New York pianist, who ‘thas become well known and very pop- ular here through her two-plano re- citals with Mrs. Howe, played her usual excellent part in the two numbers re- | quiring two planos and shane especially with Mrs. Howe in the one encore, Mrs. Howe's brilliant “Habanera.” From a planistic point of view, the feature of the morning was s *“Concerto for Two Pianos in C Minor, with alert, clean-cut and thoroughly prepared interpretation by the two pi- anists, and fine support from the Na- tional String Quartet. The quartet showed nicety of rhythmic balance in the prolonged pizzicato work of the adagio, and sure intonatign with clean attack in the more rapid tempo of the final allegro. The Debussy “Danse Sacre et Danse Profane,” played here previously as writ- ten for harp and orchestra, by Salzedo and the Philadelphia Orchestra, showed interesting possibilities skillfully devel- oped in the two piano and string quar- tet reading of orchestral parts. Miss Hier’s string quartet, “A Caro- lina Christmas Week." s refreshing In its original treatment of Southern type of themes without making them droolingly sentimental. Also, although elever banjo syncopation rhythms and tunes of the Stephen Foster type were used, the material was essentially the composer's own, and modern color, not too dissonant, gave a piquant effect throughout. The rich ‘cello music in the third movement was particularly lovely and the tramp motive of the sec- ond movement was intercstingly “dif- ferent.” The entire work showed the complete musicianship of the writer. Mary Howe, Washington's gifted woman composer, already has reached the point where her compositions are stamped definitely with her own in- dividuality of style and originality of contents. The singing melody for the violin that swung above piano and ‘cello in “Chanson Grave” is lovely. The “Plaint,” for string quartet, quite lived up to its name, and the “Fuguc” was one of those buxom, full-voiced pieccs of writing that affect one with an en- thusiasm not unlike that created by ‘watching a country dance in full swing A word must be said for the increas- ingly admirable work of the National String Quartet. Owing to the necessary departure of Mex Pugatsky for New York, there is a new second violinist-- Max Rosenstein, who fills the role most Samuel | all | satisfactorily. Henri Sokolov, Feldman and Richard Lorleberg, established and favorite musicians here. show that for artistry that is ensemble playing. very well indeed yesterday. Gen. Edwards’ Wife Dies. DEDHAM, Mass., January 26 () Mrs. Clarence R. Edwards, wife of M= Gen. Edwards, World War command: of the 26th Divicion. died at Dunrovir H. F fine sense of co-cperation | the soul of good ‘The quartet played DRY LAW ENFORCEMENT LIKENED TO RECONSTRUCTION DAY EVILS Dr. Lowell of Harvard Sees' Creation of Law- breakers. Declares Country Is Placed in “Unhealthy Condition.” Urges Study. Special Dispateh to The NEW YORK, January 26.—The eight- | eenth amendment, like the policy of | reconstruction in the South, has turned many respectable people into law- breakers, caused no small amount of violence and crime and placed the country in the unhealthy condition of being at odds with itself, Dr. A. Law-| rence Lowell, president of Harvard Uni- versity, a in_an article on “Re- construction and Prohibition,” appear- ing in the February issue of the At- lantic Monthly. The present enforcement of the law he described as *‘vexatious, demoraliz- ing and inefficient.” S every one knows, the law is not enforced, and as | time goes on it seems to be less and less effective,” he said. Urging the necessity of ending the present condition,” Dr. Lowell sugges stion as to whether prohibition enforcement can be made thoroughly effective and main- tained for a considerable time be | studied “from the standpoint of a true | statesman with an open mind, irce‘ from prejudice, by a careful examina- | tion of facts and conditions and in the | light of experience.” Effective Enforcement Urged. “It after such a study enforcement appears to be feasible and desirable by methods which can practicably be ap- plied. it should be so administered as to be really effective, instead of being, as now, vexatious, demoralizing and in- efficient,” he continued. If found unenforceable, he suggested that the law be so modified as to pre- serve such important features as the abolition of the open saloon and should permit communities which desire and can carry out absolute exclusion of liquor to enjoy that privilege; while at the same time discarding things which are not essential for this pur-| pose and are found to impede enforce- ment. “The gquestion seems to be one of major importance,” Dr. Lowell went on to say, and its future *will depend upon the moderation of people with conflicting opinions, and especially upon that of the prohibitionists. i “If the men who like cocktails and carry hip flasks demand that there shall be no restraints whatever on their liberty to drink as they please, irre- spective of the common welfare, boot- leggers will be ready to supply them, and no compromise will be reached. "Extremists Court Danger. “If the prohibitionists insist that| their principle unabated shall remain the formal law, they will probably make enforcement impossible, hamper the growth of temperance and perpetuate violation of the law and of good order. The last is the most serious-aspect of the matter. “As a people we have been law abid- ing, not by compuision from above, but from a sense of the fitness of things. The success of self-government is based on a confidence that one's neighbors will conform to the established rules of conduct, and anything that undermines ar. DR. A. LAWRENCE LOWELL. that confidence strikes at the root of our civil life.” o Dr. Lowell drew a parallel betweeén the history of the reconstruction laws imposed upon the South following the Civil War and the eighteenth amend- ment, which, he said, the World War enabled a minority to carry into effect. Reconstruction Analogy. Describing the unfortunate effects of the reconstruction laws, he pointed out that President Hayes decided to with- draw those laws, although to enforce them was his clear constitutional obli- gation. As with the reconstruction laws, 8 vigorous dislike of the prohibition pol- icy “is making the practical enforce- ment of the law difficult, if not impos- sible,” Dr. Lowell continued. “That the prohibitionists who urged the passage of the eighteenth amend- ment were actuated by the highest moral purpose no one has a right to doubt: that there was a real evil to combat is not less certain. There is almost no desire to restore the open saloon, but the question is whether in the enthusiasm for suppressing drunk- enness they went, like the advocates of reconstruction, too far, and thereby im- perilled the object in view.” The people who refuse to break the law become fewer and fewer year by year, he asserted. There is no reason to suppose that the national adminis- | tration has been intentionally lax, but it is doubtful whether sumptuary laws can ever be enforced against the resist- ance of any large minority. No Use for Abuse Seen. “Many excellent people,” he said, “believe that drinking any intoxicaut, even to an extent that does not in- toxicate, is inherently immoral; but that is very far from a general opin- ion and a large part of those who do not hold it feel that interference with their personally innocent habits ‘s not justified by a claim of benefit to the public of which they are not convinced. Whether this attitude is right or wrong, it is a fact that must be taken into ac- count in considering the possibility of enforcing universal prohibition. There is little use in abusing those who op- pose the law. Epithets do not alter facts.” Declaring that it is almost mathe- matically demonstrable that the pres- ent practice of proceeding against boot- leggers alone cannot be effective be- cause the profit increases with the risk, he said that for the same reason it seems highly improbable that a block- ade against the importation of liguor into the country can be made effective. MAN GETS 10 YEARS ON ASSAULT CHARGE Allen Mosby, colored, was sent to the penitentiary for 10 years today by Chlef Justice McCoy in Criminal Division 1 for an assault with a dangerous weapon. Mosby fired four shots at Guy Balti- more, also colored, October 28 following | a fist fight. None of the shots took effect. Butler Settles, colored, will serve saven years in the penitentiary for an assault with a brick on Clarence W. Allen December 2, 1927, Settles entered the coal office of Allen at 519 Four-and- a-half strect southwest and hit him with a brick, breaking his nose and fracturing his skull. Seven years in the penitentiary was the sentence imposed by Chief Justice McCoy on John Glenn, colored, for two cases of houscbreaking and larceny. The court fixed the penaity at three years and 6 months in each case, but dirceted that they run consccutively. The prisoner had a criminal record. | Glenn entered a house of the Wardman | Co., at 6430 Eight street, S¢ptember 17 and stole a gas range. Three days be- fore he had broken into an apartment | of H. P. Amos, 4105 Wisconsin avenue and taken a quantity of paint. Arthur Reynolds, was given a term | of six years in the penitentiary for three cases of housebreaking and larceny. . The court fixed the penalty at two years in each case to run consecutively. He broke into apartment houses at 1476 Newton ® street, 1000 Rittenhouse street and 4800 Georgia avenue. Sentences of five years each in the | penitentiary were imposed on James | Thomas and Robert E. Young, both | colored. Thomas cut Albert Burnett | |and Young snatched a pocketbook from a colored woman. the Edwards home here, last nieht. She bas been ill of pneumonia since las Monday, t Huge thermometer which is being erected at the Treasury to record the drive for the Community Chesk FREIGHTER SILENT AFTER DISTRESS CALL 750 MILES OFF BERMUDA officlals put off the reception at City Hall until Monday noon. After a parade up Broadway Capt. Fried, Chief Officer Manning, Nelson Smith, chief radio operator, and the members of the lifeboat erew will pass between the lines of a guard of honor of soldiers and sallors at the City Hall steps and be escorted to the aldermanic chamber, where the medal of the city will be presented to them by the mayor. The three officers will receive scrolls eulogizing their heroic exploit, After the City Hall ceremonies the | mayor will escort the America’s party to the Advertising Club for luncheon. Guglielmo Marconi, inventor of wire- less, sent congratulations to Capt. Fried and the America’s wireless operators through David Sarnoff, executive vice president of the Radio Corporation of America. . A radio message recelved from a committee of passengers aboard the America said a purse of $560 had been turned over to the crew of the lifeboat and testimonials had been handed to Capt. Fried and Chief Officer Manning. Capt. Fried and Manning will be heard tonight by radio listeners over station WOR of Newark, N. J. 33 ‘FLU’ CASES REPORTED ‘Thirty-three cases of influenza were reported to the District Health Depart- ment today, and 4 deaths from the dis- ease. Thus far in January 1,684 cases and 57 deaths have been reported, COMMUNITY CHEST THERMOMETER. 2 UNDERWOOD RITES TOBEHELD MONDAY { Former Senator’s Body For- warded to Birmingham, Ala., for Interment. The body of Oscar W. Underwood, former Senator from Alabama, will leave Alexandria at 4:52 o'clock this afternoon on the Birmingham Special of the Southern Rallway, arriving in Birmingham at 2:35 p.m. tomorrow. | Funeral services will be held Monday morning at 10 o'clock at the family home in Birmingham. Interment will take place in Elmwood Cemetery, there. Messages of condolence for the be- reaved family of the late Senator, who died yesterday after a long illness, were being received today at Woodlawn, the Underwood estate near Mount Vernon Hills, Va. Among them was the following letter from President Coolidge to Mrs. Un- derwood : “It is with great regret,” the President of your distinguished husband, the Hon, Oscar W. Underwood. I came in con- tact with him when I became Vice President and learned to have the high- est regard for his abilily and character. I knew from reports, of his long service in the House of Representatives, where he rose to a position of great influence. It has always been my privilege of re- garding him as my friend. The char- acter of his public service made all the country under obligation to him and his personality was such as endeared him to all who came in contact with him. “Mrs. Coolidge joins me in expressing deepest sympathy for you and the other members of his family.” WRITERS HAPPIEST WOMAN AUTHOR SAYS Kathleen Norris Addresses Pen ‘Women on Joys of Creative Work. “Writers are the world's most for- tunate workers, in that theirs is the happlest task in the world,” Kathleen Norris, famous novelist, sald, addressing the second celebrity breakfast of the National League of American Pen Wom- en at the Willard Hotel yesterday. “All of us in our group feel within ourselves a joy in the creation of each story and in the expression of each thought. Added to the pleasure of our own lives, we have the joy of creating and molding the lives of the many char- acters waiting at our fingers’ ends eager for life. It is a great source of happi- ness, too, to feel that we add some bit of interest or joy to those who may chance upon our books.” Mrs. Norris talked at length upon the patience and self-confidence needed by the young writer in seeking success. “So-called immortality itself is fleet- ing.” sald George Horton, author of books on travel. “We are crowned im- mortals today and forgotten tomorrow. To be among the real immortals of lit- srature one wotlld have to be a Sappho.” Elizabeth Lippencott Dean, author of Dolly Madison in another brief talk. Thomas Lomax Hunter read from his book of poems, and Mary Lindsay Oliver, well known composer, played the vrelude to her latest composition and responded to an encore with a short nocturne, e WARNING ON FAKE CHEST SOLICITORS ISSUED BY STREET (Continued From First Page.) raised by the time of the official open- ing of the campaign. The Ilattet, which is to be for a total of $1,343,- 348.93, is to continue through Febru- ary 6. The funds raised will be to enable the 57 member agencies of the chest to carry on their welfare during the year. Co-operation of the colored citizen- ship of Washington in the chest to the fullest extent was promised at a mass meeting last night at the Metropolitan African Methodist _Episcopal Zion Church, at which Dr. Kelly Miller, dean of Howard University and chairman of the committee on colored co-ordination, presided. John Poole, campaign chairman, stressed the importance of the cam- paign. Mr. Street, director of the |.chest, explained the instructions given | to the workers. Neval Thomas of the Assoclation for the Advancement of Colored People, urged the co-operation of the colored citizens in the drive, pointing out that the colored people are large beneficiaries of the various agencies affillated with the chest. Bishop E. D. W. Jones of the African Methodist Episcopal Zion Church. asked the colored people in the name of charity to do their share in making the campaign a success. Settle Outlines Objects. Department heads and buyers of the Palais Royal met at 9:30 o'clock this morning to consider plans for conduct- ing the campaign in their store. The objects of the drive were outlined by T, S. Settle. There will be a meeling of all employes of this store Monday. Employes of the Thompson Dairy heard the plan explained by Wayne Kendrick at.-a meeting at 11 o'clock this morning. L. W. De Gast will speak at a meet- ing of division’ 17 at the Jewish Com- munity Center tonight, and Elwood Street will speak at a meeting of di- vision 14 at 1412 Monroe street north- { west. Radio talks will be made tonight by Louis Ottenburg, speaking over WOL; Thomas J. Frailey, over WMAL, and by Mrs. Terrill, over WRC. Besides Mr. Mellon's gift, other con- tributions were announced yesterday as follows: The Chesapeake & Potomac Tele- phone Co., $8,000; Lansburgh Bros. & Co., including officials, $6,000, of which $3,500 was previ ly acknowledged under individyal names; Charles H. ‘Tompkins, $5,000: Senator and Mrs. Laurence C. Phipps, $5,000; John Hays Iammond, $5,000; Mrs. Helen S. De- vore, $5,000; Mr. and Mrs. A. Lisner, $5,000; Mr. and Mys, James Parmelee, $5,000; Frank J. Hogan, $5,000; E. I. Kaufman, $5,000; Mrs. Mary E. Stew- art, $5,000; Donald Woodward, $4,000; Palais Royal, Inc., $3,000; the Hecht Co.. $3,000; Acacia Mutual Life Asso- ciation, $3.000; Federal American Na- tional Bank, $2,500: Frank R. Jelleff, Inc., $2,500: Frank Brett Noyes, $2,000; Theodore W. Noyes, $2,000; Mrs. Alex- ander Stewart, $2,000; . F. Ham, $1,500; Mrs. Emilie C. Riley, $1,300; Mrs. Mentgomery Blaif, $1,200; Fed- cral American Co., $1,000; ._and Mrs, Newbold No $1,000; Peter A. Drury, $1,000; W. W. Grif- fith, $1,000; Mrs. Perry Heath, $1,000; Rudolph B. Behrend. $1,000; anony: mous, $675; J. Wilbur Carr, $65 Colonial Ice Cream Co., $600; anony- mous, $£600; Norfolk & Washington Steamboat Co., $500: Fleming: Newbold, $500; Judge and Mrs. J. H. Covington, 500: Edgar S. Kennedy, $500; Joseph P. Tumulty, $500; Mr., and Mrs. Wil- liam Chapin Huntington. $500; Mrs. Frank B. Noyes, $500; Dr. and Mrs. northeast end of the James Alexander Lyon, $500; Mr. and —Star Stafl Photo. Mrs, Edward F. Colladay, $500; Wade Short, $500, wrote, “that I have heard of the pnss‘.ngi “The Nation's Hostess,” paid tribute to | | temperature was 30 below zero. | to the chief of the Berlin bureau of | German people and to preserve the BLIZZARDS SWEEP FAR-FLUNG AREAS Death and Isolation Follow Snowstorms in Western States. By the Assoclated Press. CHICAGO, January 26.—Winter to- day has incased the North, South, and Middle West in snow and sub-zero weather and pelted the East with snow, sleet and rain. In some areas the weather was mod- erating, but for the most part a con- tinuance of the cold wave with more snow and freezing temperatures was | predicted. The heavy snowfall afforded employ- ment to many, who supplemented regu- lar street, road and track crews of cities, State highways departments and railroads. Severe Snow in Wisconsin. The storms’ widespread intensity brought discomfort and hardship in' several States and accounted for the| eighth death of the week in the North- west. Two men were dead in the East, two in Chicago and one at Gary, Ind. ‘Wisconsin, one of the States hardest hit, experienced the worst snowstorm in | years. Men worked throughout the night opening roads to isolated towns. ‘Miles of communication lines were dow in northern counties where all highways were reported blocked. A rescue train today was expected to reach passengers on the Milwaukee train, No. 46, which was marooned at Deansville, Wis,, near Waterloo, Iowa. Freight service of the Northwestern roed between Milwaukee and Madison, Wis,, was canceled and ticket sales on the Superior (Wisconsin) division were stopped, as were ticket sales on the northern disvision between Horigon and Oshkosh. Freight trains marooned on both divisions were forced to wait for the wind to abate before relief could reach them. At La Crosse, almost com- pletely ' isolated, all traffic was sus- pended. Boy Found Frozen. The frozen body of an 18-year-old youth was found near Linton, N. D., and State highway crews labored overtime opening blocked roads in Minnesota and the two Dakotas. ‘Twenty-two persons in passenger cars and motor busses were marooned for 36 hours in a blizzard on the Red Desert until cowboys rescued them. They ar- rived safely at Rock Springs, Wyo. The Roads were blocked in the vicinity of Salt Lake City and Bingham. Utah. Slightly warmer weather was predicted |/ for Missouri, Oklahoma and West Texas. Nearly every State east of the Mis- sissipp River experienced snow, sleet and rain yesterday, and the storm that was centered over Lake Superior was due to strike the East today. EAST COATED WITH ICE. Kansas, Three Killed as Result of Hazards Brought by Weather. NEW YORK, January 26 (#).—Drop- ping temperatures today riveted an icy coat of mail onto the eastern half of the country. Sleet and freezing rain coming in the vanguard of the cold have hampered transportation and re- sulted in numerous traffic accidents. Edward Bennett and his daughter, Edna, were killed near New Haven. Conn., when sleet on the windshield of his car prevented him seeing an express train approaching a crossing. He ran| into the locomotive. In New York the sleet and rain, which froze ‘as it fell, caused the death of & structural iron worker. Ice forming on highways in Eastern Pennsylvania made travel dangerous. EX-KAIEER EXPRESSES HOPE FOR WORLD PEACE ON EVE OF BIRTHDAY (Continued From First Page.) to take pictures. It was stated that by this law Wilhelm may never pose for a film again and only for a photog- rapher especially appointed, whose pic- tures must be approved before being made public. The law dates back to 1919 when the former Kaiser was in- veigled into permitting motion pictures to be taken for private purposes and these were secretly sold to a large con- cern and exhibited in many countrics. Speaking through Baron Von Sell, the former Kaiser gave an interview the Associated Press A foreward dictated and signed by the former Kaiser said: Gives Birthday Message. “To promote the welfare of the peace in the world—this has ever been the supreme law governing my actions. In the firm faith in God, the all just, I therefore hope to live to see the day that shall free us Germans from the burden of the false accusation of hav- ing unleased the great of all wars.” ‘The baron represented Wilhelm as believing that according to the pro- gram of President Wilson, the central powers were not to pay any repara- tions. Later the treaty of Versailles decreed that Germany was to be held liable for all the allies’ costs incurred in the war. “The basis of this action,” said the baron, “was furnished by the thesis of Germany's guilt for the war—an un- scrupulously invented le. Hopes for Change of Opinion. “His majesty expects—and it would seem not without foundation—that volces as important as these will in the course of time bring about a change of warld opinion in favor of Germany, and will finally result in canceling further payments of tribute on the part of Germany.” Baron Von Sell praised the well being of the German Empire under Wilhelm, citing prosperity, the development of science, the creation of a fleet and welfare legislation. The baron added: “Thesc are achievements for the wel- fare of his country for which history wi:msnme day give the Kalser full credit.” SPARE SHOES FOR FLIGHT. Jensen to Carry Extra Pair to Keep Up Morale. NEW YORK, January 26 (#).—An | down. ALMA RUBENS STABS MAN TO BAR BEING CARRIED Complete Nervous Break- down of Screen Actress Is Reported. Police Called When Woman Dashes Through Street With Paper Knife. By the Associated Press. HOLLYWOOD, Calif,, January 26.— Alma Rubens, screen actress, was re- celving treatment in a sanitarium near Alhambra, Calif., today after having attempted to escape from a physician | and his assistant by dashing through | the crowds along Hollywood boulevard | and later stabbing the assistant with a ! paper knife. Miss Rubens, the wife of Ricardo Cortez, motion picture star, was reported to be in a serious condition and suffer- ing from a complete nervous break- In a report to the police yesterd Dr. E. W. Meyer, the physician, saic he and the assistant, H. Barnett, had called at Miss Rubens’ home to take her to the sanitarium and that as the three of them were getting Into his auto. mobile the actress turned and bolted | down the main business thoroughfare | of Hollywood. | “Barnett and I gave chase,” the phy- | sician sald, “and called for Miss Rubens | to stop, but she ran faster and started to scream that she was being kidnaped and tore off her hat and gloves and threw her purse away.” ‘While noonday crowds stopped to | watch, many believing that a motion | picture was being filmed, the two men overtook Miss Rubens at an oil station, ‘The operator, C. C. Howard, summoned police, Brandished Paper Knife. As the two men approached, police reports stated, Miss Rubens brandished the paper knife and struck Barnett twice. He was not wounded seriously. The knife was taken away from the | actress and she was placed in the phy- siclan’s automobile and started for the sanitarium. Efforts to quiet her, however, were futile, the doctor said, and he stopped his car and called for an ambulance. niece’s condition resulted from overwork | disturbing the peace at her apartment TO SANITARIUM ALMA RUBENS. Here Miss Rubens was said to have started a second fight with her captors in an effort to escape. Another call was made for Hollywood police, but by the time they arrived the actress had been placed in the ambulance. and was e route to the sanitarium. Cortez was said to have visited his wife at the sani- ;Inrlum last night in an effort to quiet| er. Mrs. A. Driscoll, who said she was Miss Rubens’ aunt, stated that her n completing 4 picture, She said Miss Rubens had not been in favor of going to the sanitarium, but finally had con- sented yesterday. The actress registered at the sanitarium under the name of Genevieve Driscoll. Cited in Court. Miss Rubens is scheduled to appear in court February 5, on a charge of on a complaint issued by the apartment house manager. The complaint stated that the actress staged a “wild party” December 29, and refused to move from the house. Rita Carewe and Leroy Mason, film players, are named as witnesses against Miss Rubens, who was placed under $500 bond in a court action, when her maid, Edna Clayton, was accused of attacking two women after an automobile colliston and Miss Rubens was alleged to have threatened to “smash the nose” of one of the women. A short time later the; screen star caused a colored janitor to be arrested on a charge that he was prowling under her bedroom window. (Continued From First Page.) still retains virtually all authority grant- ed to it by the original classification act. Mc€arl upheld the authority of the Personnel Classification Board to re- view allocations of employes under the classification act on appeal of the cases from departments and establish- ments, but he stood firmly on his posi- tion, previously taken in several decx-l slons, that the board should not “on its own motion” go into a department or establishment, and without the consent | of the employe or the department head | proceed to change the allocations and salaries of government workers. The Lehlbach bill was so far reach- ing, the controller general warned, that under its provisions the board might step in and readjust the pay of the entire Government service “without the administrative office concerned having | a voice in the matter.” The Lehlbach measure would “re- quire many demotions,” McCarl held. It would allow the board to demote persons to salaries, he said, “even lower than the employe was receiving | in 1924 when the original classifica- tion act went into effect.ly Court Suits Hinted. A hint that suits in court would| | follow was clearly indicated. Predicting that many demotions would occur under such an act, Mr. McCarl said: “It is fair to assume that some of the employes so reduced in salary will re- I sist even to the extent of testing in I the courts every conceivable question possible to be raised involving the method employed in legislating, the clear effect of the new language on ex- isting law, etc, and the courts have usually been disinclined to agree that a vested statutory right can be taken away unless the congressional purpose to repeal the basic statute be definitely revealed.” Clearly, he added, “certain rights| were vested in employes of the Govern- ment as a result of the enactment of the Welch act.” Protesting the grant of power to the | board to change salaries “on its own motion,” without having an appeal from some departmen or establishment, Mc- Carl then interpreted the original | classification act. No provision of the original classifi- | cation act, he said, “granted the board | the authority on its own motion and without some prior action by an ad- ministrative office authority to go into| an office and allocate or reallocate sitions upward or downward. The Y:w." he added, “stipulated that only after the administrative office has acted | and allocated or reallocated a position or approved or disapproved an appeal, | should the board review or revise the | action of the administrative office. It is specifically provided that allocations | when reviewed shall become final upon | the approval of the board. Joint Action Essential. “Thus, the essential principle of the | original clagsification act was joint | action by the administrative office and | the Personnel Classification Board to provide a check of the one against the other and to prevent the arbitrary | action of either. Congress, thus in; 1923, provided by the basic statute, | which H. R. 16029 (the Lehlbach bill) does not specifically amend, for finality of action and a procedure to protect against the arbitrary action of either the administrative office or the Person- nel Classification Board by requiring | the combined action of both in all ceses | of allocations or reallocations of posi- tions. “The Welch act of May 29, 1928, did not extend, enlarge, curtail or in any way modify the powers and duties of the Personnel Classification Board. The Welch act was exclusively & com- pensation act, as discloded by its title, providing for statutory increases and a procedure addressed to the heads of departments and _establishments for putting the same into effect as of July 1, 1928. Thus the sole authority today possessed by the Personnel Classifica- tion Board, except as to the survey of the field services, is found in the origi- nal classification act of 1923.” extra pair of shoes will go along with Martin Jensen, second place winner in the Dole air race to Hawaii, when he starts after the solo flight endurance record In a few days, announced yesterday. “Taking an extra pair of shoes may sound foolish,” he said, “because I'm not going to walk up there. But I think a change of shoes makes you fee! better.” The Pacific flyer will take nt¢ food but a little dry bread. H. Cooper, $500; Frazee Potomac Laun- dry, $500; Semmes Motor Co. $500; Jesse C. Adkins, $500; James F. Shea, $500; anonymous, $500; Holmes & Son, Inc., $500; Brewood’s, Inc, $500; anonymous, $500; Mrs. H. H. Hankins, $500; Black & White Taxi Co. $500; George N. Everett, $500; anonymous, $500; Dr. Sterling Ruffin, $500; Paul E. The Lehlbach measure in its first section would abandon the check that now exists between the administrative office and the board, McCarl said, on all allocations and reallocations. would “empower an agency, entirely outside of the administrative office in which the employes perform service, with power to increase or decrease at will the salary rates of any and all of- ficers and employes subject to the classification act,” McCarl declared. May Not Reduce Employe. “Under existing law, the classifica- tion act of 1923, he said, “the head of the department or other Government establishment may not reduce the al- location or compensation of any em- ploye without the approval of the Per- McCARL ASSAILS LEHLBACH PAY MEASURE AS “SERIOUS MISTAKE" 16| Boor but it will be introduced Monday on Wednesday or Thursday to repoit | over the protest of the head of the de- partment or other Government estab- lishment in which the position exists, and without giving any reason for its | action.” Another paragraph of the bill, Mc- Carl explained, would empower the board to adjust the salary rates of par- ticular classes of employes within a grade, “a duty which has heretofore been vested by law exclusively in the administrative office.” This, he point- | ed out, would have the effect in some | instances of eliminating the opportu< nity of advancement through the en- tire salary range of the grade. “The practical effect of such course,” he said. “would be the establishment of smaller grades within the existing grades provided by law, thereby re- stricting the number of increases in compensation that could be given for efficient and faithful service.” Com- Dlications would arise, he predicted, Wwhich would probably cause the pro- posed law to be “impracticable” of op- eration by the board, “as the ‘average provision' appearing in the annual ap- Ppropriation acts is required to be com- plied with by the administrative ‘The provisions of the proposes to require the board to x'v.'l\::mv!;'v'l th?e :gj tion of the administrative offices under the Welch act, in determing the proper grades of officers and employes in the higher brackets, McCarl said. would cause demotion of high paid em- ployes. Reduce Higher Grades. “The practical operation,” he said, “would require the reduction in com- pensation of the most valuable and highly trained professional, scientific and responsible administrative officers of the Government and, in addition, would vest in the board authority to so allocate many other professional and sclentific men in the intermediate grades as to reduce their rates of com- pensation to a figure below- that act- ually recieved June 30, 1924. The pro- visions of this paragraph are manda- tory in requiring reduction in the com- pensation of certain positions and would make possible the reduction in the compensation of all officers and employes in the higher grades.” Speaking as an administrative officer himself, at the head of the general ac- counting office for nearly eight years, McCarl sharply criticized the proposed measure from the viewpoint of an ey ecutive. He said he had been head o. an _establishment “employing nearly 2.000 capable, efficient and interested employes.” He regarded the bill as “a serious mistake and one that would prove most detrimental to good admin- istration in the departments and establishments, so to bar the respons- ible administrative head from initiating and effectively participating in the re- warding, by compensation sgjustment, his employes for faithful or exceptional service rendered, or to punish employes for neglect, improper or unfaithful con- duct by placing such power so to re- ward and punish in the hands of an outside agency in no way and in no respect responsible for the administra- tion of departments and establishments or the accomplishm of the duties imposed upon them by law. “Also,” he explained,” it would be in my judgment unwise and unfair v faithful employes to render their com- pensation status so uncertain and sub- Ject to radical change downward at the will of an agency that can have no such first hand and actual knowledge of work done and responsibility carried by such employes as is known to the head of the department in which the work is actually done, and where the responsibility for its accomplishment rests. To assume that the broad powers proposcd to be given by section one of the bill will in fact and be used only in full agreement with the responsible heads of departments and establishments, is not a sure or safe route to such necessary end. That right which is not given in the law may be denied ot any time—and pos- sibly when the most vital thing is in- volved. “My objection to the proposed legis- lation would be the same if the pro- 1 was to vest broad powers in a oard named by the President and con- flimed by the Senate.” Chairman Lehlbach of the House civi! service committee is today com- pleting his draft of the pay relief bill ! as directed by the committee following a conference with Luther C. ward, president of the National Federation of Federal Employes. Owing to the fact that the House k} not in session, Mr. Lehlbach can n-t introduce this bill today as he intended, | the ! togeth Mr. Lehlbach expects to call House civil service committee sonnel Classification Board, but this provision would give to the Personnel Classification Board the power to do # not only without the approval of, but without previous notice to or even out this pay relief bill. A sleeping car bus has eight berths; kitchenand shower bath. 3 S ! hour IGE HALTS BYRD INBOLLING PLANS Thick Cakes Block Plans to Prepare Berth for Ex- - pected Ship. (Continued From First Page.) from side to side and shivering with the smash of ice against timbers. Some dog teams appeared about this time heading for the ship and the New York s laid alongside the ice for half an while they were locaded with coal and sent away again. This time v and his team went through the ice not far from the ship. While men were running to his aid Bursey lay on the edge of the hole braced against his sledge so that it could not go in and saved the precious coal. The ice here was much thicker, however, and safer then at the previous disembarking point. When the sledges were loaded the ship was turned eastward toward the barrier, almost at right angles to its former course through the ice, and showed what a lot of thick ice a ship can break up when it is handled care- fully. We were working against ice i was ridged and heaved up with pressure, so much so that in places there were cakes standing like pillars 15 feet above the surface. There was also ice that was confined by pressure ice on two sides and by the barrier on the which made the ‘task much harder. Byrd was skeptical as to how much he could accomplish, but felt that if the barrier could be reached and the ice broken up so that it might move out or in quickly it would help greatly in unloading the Eleanor Bolling, which is now the greatest problem facing the expedition. Ice 10 Feet Thick. ‘The ship went full speed ahead into this mass of twisted and upheaved ice, picces of which were at least 10 feet thick below the water line, Time and again the bow would ride up on one of these huge floes, forcing a way be- tween uplifted and jagged cakes of pressure-ice and slide off again when the engines were reversed without ap- parently making any impression upon the blue glittering mass which we could see below the water. Two or three times this would be done and then the ice would crack and slowly be forced aside. A yard at a time the ship made its way toward the barrier in this way, reeling under the shocks and swaying rapidly aside when a stubborn cake de- flected it as it charged forward, until the barrier was only a hundred yards away. But it might just as well have been a mile, for a point was reached where we could not go any farther, and Byrd decided to back out and go back to the last point where coal had been unloaded. Most of the day and a good part of the evening was spent in this attempt and it did some good, for the ice has been split and broken so much that a good southerly wind might blow it out and we hope that this will hap- pen. The Eleanor Bolling is coming more slowly so as to economize on coal and there will be about two days for the ice to move before she arrives. The Eleanor Bolling is alongside the Larsen or perhaps left, just now. Be- lieve this means about 150 miles from the barrier. (Copyright. 1929, by the New York Times . St. Louls Post Dispatch. All rights publication ~ reserved throughout the ) bag world. SEA MAIL THEFT CHARGED. German Is Indicted in Leviathan Robbery. NEW YORK, January 25 (P.—An indictment charging robbery of the mails on the-high seas during a voyage of the United States liner Leviathan from New York to Europe last June was returned yesterday against Walter O. Ringer, 38, of Dobburn, Germany, who cigned for the voyage as a carpenter. An international search, centering in Europe, has been under way for Ringer for weeks. His name became involved with the Leviathan theft when Berlin poiice identified him as the man who passed to Friedrich Ryber of Vianna, bonds stolen from the American ship, Bonds formed the bulk of the loot esti- mated at from $112.000 t Specialize on Keeping Well! Join a Y Evening Gym Class 15 Lessons Only $4.50 Y.W.C. A 17th &K Sts. List Your Rented and Vacant Houses with J. LEO KOLB 323 N. Y. Ave. 1237 Wis. 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