Evening Star Newspaper, May 2, 1929, Page 17

The Toening Star WASHINGTON, B C, THURSDAY, MAY 2 “~y 1929. * PEVER URGES WAY T0BAR REPEAERS ON CORONER' U Bar Association Head Would Abolish Inquests for Court Hearing. HOLDING MAGISTRATE ALSO IS RECOMMENDED Question Could Be Solved by Let- ting Commission Name Tales- men, He Says. In the interests of speedier justice in- quests by a coroner's jury should be abolished in favor of preliminary hear- ings in a police court or before a hold- ing magistrate, Maj. Julius I. Peyser, president of the District of Columbia Bar Association, said today in comment- ing on the disclosure that many ‘“re- peaters” have served on coroners’ juries. If Congress does not deem it advisable to abolish the coroner’s jury altogether, Maj. Peyser said, legislation should be enacted empowering the regular jury commission to select the members of coroners’ juries. At present the jury members are chosen by the coroner. C. of C. Takes Action. It was also learned today that the ‘Washington Chamber of Commerce has addressed letters to the District Bar As- sociation and to the Women's Bar As- sociation asking the co-operation of both bodies in the investigation into the question of “repeaters” now being con- ducted by the chamber. Maj. Peyser explained that while he is not able to speak for the Bar Asso- ciation at present, it is his personal belief that the practice of holding in- quests before a coroner’s jury is a relic of ancient times which has no place in a modern system of jurisprudence. Under existing statute, he said, the corner has two functions to perform. In the case of & homicide, it is his duty in the first place to perform an autopsy, in order to determine whether the death resulted from natural or un- natural causes. Action Is Not Binding. 1f it should appear that death result- ed from unnatural causes, the circum- stances of which are sufficient to arouse his suspiclons, it then becomes his duty to assemble a coroner’s jury and pre- side at an inquest. The coroner’s jury may decide to hold a suspect for action of the grand jury on a charge of murder or man- slaughter, or it may decide that the killing was justified and release the suspect. In neither case is its action binding on the grand jury or district attorney. Legal Question Covered. Maj. Peyser feels that the coroner’s autopsy is a vital lipk in the chain of Jegal procedure and that it should not be dispensed with. The performing of an autopsy unquestionably is & task which should be performed by & com- petent physician, he said, and is obvi- ously one which could not be handled by any person untrained for such work. By the same token, however, he be- lieves that a lawyer and not a physician should be the presiding official in legal rocedure. A thorough knowledge of Fflw is essential, he said, before any man can decide whether the legal elements of manslaughter or murder are present in a homicide. - “About 15 years ago,” he said, “the Bar Association went very thoroughly into this matter of the coroner’s jury. It was found that the principal ob- jection to the system was the lack of proper legal procedure at the hearings and the too great power which is vested in the coroner. Under old English law the coroner had wide power and legally he still retains much of this power to- day. Resembles Hearing. “Although a coroner’s inquest is pri- marily an inquiry, it has much the same effect as a preliminary hearing in 8 court of law. For this reason ordinary rules of evidence should be adhered to. At present they are not. Under present jaw only the coroner has the right to question witnesses. If attorneys are given this power in Washington today, it is only by the courtesy of Coroner Nevitt, who, incidentally, is doing ex- cellent work with the facilities at his disposal. “Whenever a man is ordered held by a coroner’s jury without sufficient legal grounds for such action, it means that the process of dealing justice will be delayed by just so much time as is re- quired for the grand jury or a court of : law to throw out the case. This delay could be easily eliminated if Congress should see fit to pass the necessary legislation. Outlived Usefulness. “The coroner’s jury is an institution which, in my opinion, has outlived its usefulness. In the old days, when competent lawyers were relatively few, there was some excuse for a cuéon;x uch, taking over legal functions. If our however, is not the case today. legal system is to be brought up to date, all regular legal procedure should be handled in a regularly constituted court. “However, if the coroner's jury is to be retained, certain changes are vitally essential. The coroner should not be expected to impanel his own juries. “We have a jury commission, created by law, which names the panels from which the juries in regular courts are drawn. There is no reason whatsoever why coroners’ juries should not be se- Jected by this same commission. Then the problem of repeaters—men Who serve on the jury time after time— would be solved. Letter of C. of C. Is Given. “In the second place, the district at- torney’s office should be permitted a representative at coroners’ inquests who would appear in an official capacity, not by sufferance, as is now the case. This would prove a great help to the district attorney when the case reaches is office.” h'I'he Jetter from the Chamber of Com- merce, which was sent to Maj., Peyser and to Miss Elizabeth Harris, président of the Women's Bar Association, read as follows: “The question of repeaters on cor- oner’s juries was brought up at a gen- eral meeting of chamber committee of- ficers on March 28 last and was re- ferred for investigation to the commit- tee on law and legislation, Judge Mary ©O'Toole chairman. “Judge O'Toole has asked that a let- ter be sent to you as president of the District of Columbia Bar Association re- Questing that this matter be placed be- fore the Bar Association and that it be asked to co-operate with her commit- tee in making this investigation. Trust- ing that your organization will extend to our committee the benefit of the aid requested, we are sincerely yours, “WASHINGTON CHAMBER OF COMMERCE.” Bl 2 i ! ‘Washington University May 6 and 11. Virginia Frye. Below, left to right: omonsTen Four of the co-eds of George Washington who will take leading roles in “Sometime Soon,” the musical comedy to be given by the Troubadours of George Upper, left to right: Harriette Rissler and Ruth Greenwood and Geraldine Free. “SPITE” IS CHARGED BY POLICE OFFICER Allen Cites Six Warrants in Six Weeks as Evidence of “Drive.” Six warrants in six weeks on parking light charges are pointed to by Police- man R. J. Allen of the third precinct as evidence of a “drive” by some of his brother officers to harrass him be- cause of his condemnation of police “third degree” methods. Allen received his latest warrant early today and he appeared in Police Court this mowing in a state of acute ag- gravation. Judge McMahon continued the case until tomorrow in order to give the policeman’s attorneys an op- portunity to appear in his behalf. warrant alleged that Allen's au- tomobile was parked in the rear of his residence at 2807 Connecticut avenue last night without a rear light. The paper was served by Policeman K. P. Greenlow of the fourteenth precinct. Three of the former warrants were served by Policeman J. H. Dellinger of the third precinct, it is said. Allen claims he has been guiitless on each occasion, and he believes some one has been tampering with his lights to “frame” him. Four of the previous charges were dismissed and on the gfia he was released on his personal nd. ‘The policeman also declares his ene- mies have slit his tires, cut holes in the top of his car and resorted to other nefarious methods to “spite” him for his_criticism of police “brutality.” He is going to fight the laste charge to the limit, he asserted today. FALL IN ESCAPING RAID LEADS TO DEATH OF MAN Injuries Suffered in Drop From ‘Window Prove Fatal to James H. Injuries suffered Monday night when he fell from a second-story window while police were investigating an al- leged blackjack game proved fatal yes- terday afternoon to James Hamilton Hunter, colored, 52, of the 500 block of ‘Twenty-first street. Hunter is thought to have attempted to escape when Policeman E. Barnett of the eighth precinct walked in on a game at a Kalorama road garage. BRIDLE PATH DETOUR. Excavation Work at Olive Avenue Changes Route. Riders who use the bridle path in the vicinity of the M street bridge and Rock Creek were requested today by Frank T. Gartside, chief of the mainte- nance division of the Office of Public Buildings and Public Parks, to detour at Olive avenue to Twenty-eighth street, in view of the excavation at that point. The District is now engaged in su- pervising excavating for the west abut- ment of the new bridge that is being moved farther west on M street. The additional space will be used for the projected driveway that will pass under the completed M Street Bridge, along- side Rock Creek, as part of the Rock Creek and Potomac Parkway, which it is now hoped to finish in time to link up with the completed Arlington Me- morial Bridge, about 1932. Hitherto there has been only a bridle path un- der the M Street Bridge. Hunter. REQUEST IN BUDGET FOR ARMORED CARS | Pratt Insists, However, That He Does Not Want Them for Police. ‘While Maj. Henry G. Pratt, superin- tendent of police, insisted again today that he did not want any armored cars in the Police Department, it was learn- ed that the estimates for the fiscal year 1931 contain a request for two armored cars. Maj. Pratt said this morning that al- though the items were in his estimates for 1931 he had no knowledge of their being there until informed this morn- ing by Harry M. Luckett, chief clerk of the department, whose task it is to prepare the details for the estimate. He said that Luckett had explained that he understood the department wanted armored cars following corre- spondence recently with the police de- partment of St. Louis, seeking informa- tion as to the type of cars used by the latter department in its police work. The St. Louis department sent Maj. Pratt a photograph of the armored car in use in that city, a huge affair com- pletely covered with sheet iron sub- mounted by a turret and costing ap- proximately $8,000. In view of his statements that the local department did not want an zr- mored car, Maj. Pratt was asked why he did not take the item out of the es- timates. He replied that they had gone forward to the District’s budget officer, Maj. Daniel J. Donovan, and would not be_available for revision. Maj. Pratt said that he is anxious to secure more protection for policemen using automobiles in pursuit of sus- pected criminals and that his idea of what would meet the situation would be a fast touring car, equipped with & non- shatterable windshield and with fen- ders extending near to the ground so as to protect the tires from being punc- tured by pistol bullets. An armored car, he said, such as in use in St. Louis, would be useful for transporting pay- rolls from banks to business houses, but that is not a function undertaken by the local department. Its great weight would make it perfectly useless for pursuing criminals in fast auto- mobiles, he said. WOMEN HOUSE MEMBERS TO BE PRESS CLUB GUESTS Special Program Scheduled for 8:30 P.M. Tomorrow in Ladies’ Night Event. ‘The feminine contingent in the House of Representatives will be honor guests of the National Press Club at a special program in the club quarters in the National Press Building at 8:30 o'clock tomorrow evening. Of the eight women members in the House, six will be pres- ent, the other two having previous en- gagements, which will prevent their at- tendance. For the occasion, the club has ar- ranged a ladies’ night so the women members of the newspaper men’s fam- ilies may meet the women members of Congress. Recently the club entertained the “baby members” of the House, and the Friday night program in honor of the ladles of the Congress is another of the series of entertainment features pro- Jected by the entertainment committee. Miss Cora Rigby, a former president of the Women's National Press Club, will preside. Flying classrooms will be inaugurated at the Naval Academy at Annapolis this Summer following the delivery of four of the latest type Sikorsky twin- motored amphibian planes, for which contract was awarded yesterday to the Sikorsky Manufacturing Corporation of College Point, Long Island, the Navy Department has announced. In addition to the pilot and me- chanic, at least seven students and an instructor may be taken up on each flight. Ordinary conversation may be carried on in the cabin, facilitating the work, saving time and reducing the number of flights necessary and the planes and personnel required, it was stated by naval officials. In addition to ground school work in aviation which is given to midship- men throughout their four years at the Naval /. each jpidshipman now Flying Classrooms to Be Provided In New Naval Academy Amphibians receives an indoctrination course of several hours in the air. The subjects covered by the air course in the four flying classrooms will be navigation, gunnery and radio. “One of the most important factors considered by the Bureau of Aeronautics in choosing the type of plane most suit- able for midshipman training was that | of safety,” the Navy Department an- | nounced. “The fact that the planes | purchased may be flown and even climbed on one engine with 10 passen- gers on board will reduce the chances of accident to a minimum; and the fact that they are equipped for either land or water operation will greatly lg_lcreue the scope of training operations. Each of the planes will be powered with two 450-horsepower Pratt & Whit- ney Wasp engines, the Navy Depart- ment sal v WORK WILL START ON CAPITAL PLAZA PROJECT IN JULY Buildings in Two Blocks Will| Be Razed for Beautifica- tion Program. GOVERNMENT HOTELS FIRST TO BE WRECKED | Work for Summer Will Be Limited | to Clearing Small Area, Is Decision. Two squares of the Union Station plaza will be cleared of the temporary Government hotels this Summer as the first step in carrying out the long awaited extension of the Capitol grounds, it has been definitely decided. It is expected that David Lynn, archi- tect of the Capitol, will begin in July to raze the group of structures in the | area from Delaware to New Jersey ave- | nue, B to C street. This will still leave several units of dormitory buildings north of C street undisturbed for the time being. One of the buildings in the area to be cleared this Summer is occupied by the Juvenile Court of the District, but it is the understanding of Capital officials that the Commissioners will make other arrangements for the court. ‘The work contemplated for this Sum- mer will be limited to clearing the two squares mentioned, following which funds will be sought at the next session of Congress to begin the actual land- scape treatment of the plaza, starting at the end adjoining the Capitol grounds. | It is probable that the project will ex- | tend over several years, and it has been | the intention of those in charge of the | plan to take down the existing build- ings gradually as the progress of the improvements requires. Aliases of' Hoover And Peake Fail to Fool Police Judge John Stewart, Therefore, Must Pay Fine As Drunk | and Post Vagrancy Bond. | A Police Court clerk today called the name of “Willlam L. Peake,” but pris- oners acquainted with the warden of the District jail did not recognize the man who answered. Judge Isaac R. Hitt, however, recog- nized the defendant as having ap- | peared before him on a charge of in- toxication, at which time he gave the name of “Herbert Hoover.” According to testimony, the prison- er, whose name is John Stewart, was arrested by Policeman M. L. Le Gate in the vicinity of Seventh street and Pennsylvania avenue last night. A fine of $10 for intoxication was im- posed by Judge Hitt, who ordered Stew- art to post $200 bond for vagrancy or serve an additional 60 days. It is sald when the defendant was recently committed to jail for intoxi- cation he learned that the man in authority at the institution is Maj. Willlam L. Peake, and today decided to give his name when arraigned. PRIEST SCARES THIEF RANSACKING RECTORY Burglar Makes Escape After Fall- ing Downstairs in Haste to Elude Rev. E. L. Buckey. Awakened early this morning by a noise in an adjoining room, Rev. Edward L. Buckey, pastor of St. Matthew's Catholic Church, hurried to investigate, and frightened a burglar, who fell down the steps of the church rectory at 1725 Rhode Island avenue in a wild and successful dash for liberty. The pastor called the police bureau at headquar- ters and a detail from the third precinct was sent to the rectory. 1 Father Buckey told officers that the noise which had awakened him was that of a safe door, which apparently had slammed shut when caught in a draft. Nothing was obtained from the safe, however, and although the first and second floors of the rectory were thoroughly ransacked the burglar ob- tained only $7 in cash and a gold watch belonging to the pastor. Of the money stolen $6 was taken from Father Buckey's trousers pocket, arranged on a chair near his bed. The watch was taken from a dressing table nearby. On the ground floor the visi- tor obtained another dollar from a li- brary desk. According to Detective H. E. Ogle cf headquarters, the burglar gained ad- mittance by jimmying the catch on a side window of the ground floor, where he is believed to have left the prem- ises. Efforts were made by headquar- ters detectives to obtain fingerprints from the woodwork and windows of the rectory. Policemen Gocdwin and Miles of the 4hird precinct responded when the alarm was first turned in. st e JURY DISAGREES. Auto Theft Case Against Former Policeman Called Mistrial. ‘The Government failed late yesterday afternoon in its effort to convict Elmer F. Tippett, 27, a former policeman, of & charge of the larceny of an automo- | bile belonging to Harold Grimms, 2426 ‘Tunlaw road, last February. After three hours’ deliberation, a jury in Criminal Division 2 reported to Justice Siddons its inability to reach a verdict. Assistant United States Attorney Wal- ter M. Shea will set the case down for a retrial. Wife Seeks Annulment. Mrs. Evelyn M. Santucci, 16 years old, has filed suit for an annulment of her marriage to Joseph O. Santucci. The girl says she was only 15 years old when she went through a marriage cere- mony in Maryland, where such mar- riages are considered invalid. She lived with the defendant until April 1, she states. Attorney John J. O'Brien appears for the plaintiff, who brings suit throu[h'cmll, Miss Nellie Pumphries and Mrs. | told that bes mother, L - GOES ON TRIAL AS | in the rear of the machine from which FORMER POLICEMAN BOOTLEG RUNNER Curtis Carter Is First Person | to Be Tried Here Under Jones Law. DEFENDANT SEIZED RUM AUTO, IS DEFENSE Schmylko, Arresting Officer, Tellsi of Chase and Capture | of Ex-Marine. Curtis Carter, 26-year-old suspended policeman, formerly attached to the sixth precinct, went on trial today be- | fore a jury of 11 men and 1 woman in the District Supreme Court, the first person to be tried before a jury for vio- lation of the Jones-Stalker act. The testimony of five witnesses was con- cluded and argument begun before the jury shortly before noon. Carter was arrested and suspended on March 11, after Policeman P. M. Schmylko of the eleventh precinct is alleged to have found six cases of corn whisky in his car after a chase of sev- eral blocks from Good Hope road to | Thirteenth street southeast. Tells of Speeding Chase. Schmylko said he was chasing Carter for speeding, but after he stopped the car he discovered the liquor concealed two other men had leaped to the street and fled. Schmylko, the first witness to take the stand after the trial opened, testi- fled that he had sighted Carter speed- ing in his machine along Good Hope road and gave chase. He said that Carter became abusive when stopped and after stating that he was a police officer, told Schmylko he had just seized the liquor from another man’s car with whom he was proceeding to the fifth precinct station to prefer charges. Schmylko stated he detained Carter until Policeman C. E. Miles and Pre- cinct Detective Raymond Carroll of the eleventh precinct arrived, when Carter, the seized car and the liquor were taken to _the eleventh precinct. Miles and_ Carroll followed Schmylko to the stand and gave the same testi- mony given by the first witness. After an Internal Revenue Depart- ment agent had identified the evidence as whisky, Thomas Carter, a brother of the defendant, living at 109 Ridge road southeast, testified that his brother had called at the former's house earlier on the evening on which the arrest took place and at the time had no liquor in his machine. Carter Tells of Capture. Carter then took the stand in his own behalf and, after stating that he had been on the police force for four years after having served five years in the Marine Corps, told how he ha.l been trailed by "an unknown man in a machine on Good Hope road near the District Line the evening of March 11 and, after approaching the stranger, was told it was a case of mistaken identity. . The defendant said he questioned the stranger and upon finding that he had concealed in his car a cargo of liquor held him while the whisky was trans- ferred to the policeman’s machine. Carter said he forced the stranger to get into his own car and was proceed- ing with the prisoner and liquor to the fifth precinct when stopped by Schmylko. The prisoner, Carter said, leaped from his machine and escaped. PINT OF RUM COSTS SELLER FINE OF $300 Ninety Days Is Alternative John R. Williams May Take—Buyer Says He Paid Dollar. Fluctuation prices of ardent spirits reached a new high today, when Judge Ralph Given ordered John R. Willlams, colored, 900 block of Golden street southwest, to pay for one pint of liquor with a fine of $300 or a jail term of 90_days. Police of the fourth precinct when patrolling Golden street are said to have overheard a conversation between a_ liquor purveyor and a prospective client. “One dollar is enough for that whis- ky,” declared the purchaser. “It is not,” returned the seller. “You will have to pay more than that to get this liquor.” The sale was eventually effected for the buyer’s price, police say. Bearing his purchase, the buyer emerged from the “store” and was halt- ed by Policemen George H. Redlick, Burton and Devaughn. He admitted making the buy and led the police into the house. John R. Williams was arrested on a charge of possession and appeared in Police Court today, where he pleaded guilty and stood trial before Judge Ralph Given. Johnson was placed on the stand as a Government witness and testified regarding the purchase. “So you thought that $1 was enough for Williams to receive for his pint,” questioned Assistant United States At- torney David A. Hart. “I sure did,” Johnson responded. “I do not,” said the court, and im- posed the fine of $300 or 90 days. OPERETTA SCHEDULED. Work of Washington Man to Be Presented Tomorrow Night. A picturesque Japanese operetta, “Chrysanthemum,” written by Edward Muth, a Washington business man, who writes light operas, will bt presented by the Girls’ Friendly Society of Christ Church in the parish hall, 620 G street southeast, tomorrow night at 8 o'clock. Paul Bleyden will direct the music. Mrs. Viola Ricks, chairman of decorations, has worked out a Japanese garden effect for the entire setting, that promises to be_extremely effective. Marion Hartley is the “leading lady.” Mr. Condron is the prince. Selma Kleine, Elizabeth Chick, Francis Fallon, Mary Hartley and Ella May have other roles. The chorus of maidens includes Christine Bare, Charlotte Hanson, Phyllis Hawkins, Helen Iseli, Ruth de Jarnette, Lillian Mester, Dorothy Miller, Helene Rollins, Helen Seiler, Vivian Watts and Agnes Willlamson. Special guests will be young men from the Episcopal Theological Seminary at Alexandria, Vi Chaperones will be Mrs. Julianna ler, Mrs. William H. Frederick K. Spayrow, PAGE 17 FIREMAN AIDS THRIFT SHOP BY FIREMAN W. W. D. Canter, fireman of No. 5 En- gine Company, has been one of the most consistent and helpful aids to the Child Welfare Thrift Shop at 504 Tenth street, operated for the benefit of four child welfare agencies of Washington. In his spare time Canter has contrib- uted his services as repair and recon- struction expert, and has rebuilt for sale a long list of useful and ornamental articles contributed to the shop for sale. Many of these articles were broken, | needed new parts and paint. i SERVICES AS "HANDY MAN 2 ] D. CANTER. According to Mrs. John Allan Dough- erty, chairman of the committees in charge of the Thrift Shop, Canter has been expert in repairing everything from refrigerators to the most delicate toy, and has proved an invaluable help to the shop, adding much value to con- tributed articles through his repairs and repainting. , It was Canter 'who installed the shelv- ing and did other carpentry worik in the shop, when it was being prepared for opening last Spring. TONE BODY WEIGHS MERIDIAN HILL POOL S NEARLY FINISHED 15 APPLICATIONS Hearing on Municipal Activi-" ties in Residential Areas Is | Deferred Until June. | ‘The Zoning Commission was holding | executive session this afternoon to pass on 15 applications for changes in zoning | discussed at a public hearing before the commission yesterday. The proposed change in the regulations to permit fire engine houses, police stations, pumping stations and other municipal activities in residential zones, advertised for dis- cussion at the hearing yesterday, was postponed until the next meeting of the commission, in June, at the request of the Federation of Citizens’ Associations. * At the afternoon session yesterday, [ W. C. & A. N. Miller, real estate opera- tors, represented by Attorney Roger ‘Whiteford, objected to a proposed change in the zoning of both sides of Massachusetts _avenue from Macemb street to the District Line, from resi- dential A to residential A restricted area. The Millers, Mr. Whiteford said, owned property in the section affected, which they bought as residential A with the thought of developing it under that classification. The change was sup- ported by the Mount Vernon Seminary, the American University Park Citizens’ Association and representatives of the Glover estate. A proposal to change from residential A semi-restricted to residential B re- stricted lots on both sides of Quintana street from Fifth to Seventh streets, | advocated by Thomas Bones, represent- ing Harry Wardman, drew bitter opposi- tion from residents of the vicinity. Frederick J. Rice, owner of the Park | Theater, Fourteenth _street between | Buchanan and Crittenden streets, again appealed for a change from resi- dential B restricted to first commercial of the theater property, declaring it was impossible to develop the property on a paying basis under the present zoning. CAPT. EDSON.IS PRAISED FOR WORK IN NICARAGUA | Secretary Adams Officially Com- mends Marine Corps Leader for Driving Back Bandits. Secretary Adams today officially com- mended Capt. Merritt A. Edson, com- mander of the Marine Corps detach- ment of the U. S. S. Denver, ashore in Nicaragua, for driving back the ban- dits to the Honduran border and in- ducing the terror-stricken natives to return to their homes. “I take pleasure in commending you most_highly- for your splendid work in Nicaragua and for the leadership, initi- ative and sound judgment which you displayed at all times” Secretary Adams wrote in the citation, which will be made part of Capt. Edson's service record. ‘The basis for this action was a re- port from the brigade commander of the 2d Brigade, U. S. Marines, Nica- ragua, who wrote to the department early in April, that Capt. Edson “dem- onstrated that, when properly led, Ma- rines can travel in the dry and rainy seasons, wherever bandits operate.” o Diamond Brooch Stolen. A diamond brooch valued at $1,500 was reported stolen this morning from A. M. McKnight of Springfield, Ohio. The brooch, set in platinum, was stolen McKnight told police, while he was en- route to this city by train. He was unable to give police any clue as to Park Development Proceed- ing at Good Rate, Says Col. Grant. ‘The cement has been “poured,” prac- tically completing the reflecting pool in the lower end of Meridian Hill Park into which water will fall over cascades from the higher level, providing the outstanding feature of the development under the supervision of Lieut. Col. U. S. Grant, 3d, director of the Office of Public Buildings and Public Parks, Col. Grant said today that he consid- ered the work to be progressing satis- factorily. With' eight skilled finishers on the job the walk work is getting under way. This work, termed “scrubbed aggre- gate,” is so finished that the pebbles are exposed in the concrete, the effect being secured by use of brushes to clear away the concrete, leaving the pebbles artistically arranged. Walls to Harmonize. ‘The weather is a vital factor in this work and when the temperature is just right, officials said, the skilled finishers have been known to work until 2 and 3 o'clock in the morning, to get a sec- tion of the job done. When finished, the walks in the lower section of Meridian Hill Park will harmonize with the walls that surround the park for they are fashioned in the same way. The contractor has finished the brick foundation on the east side of the park for the Buchanan Memorial, and it is expected that the monument to the famous pre-Civil War President will soon be set in place and unveiled. The grading has been completed and made ready for the next step in the ambitious program. More Money Needed. Col. Grant explained that it is ex- pected that the terrace wall will next be erected when the $100,000 appropria- tion is made available during the com- ing fiscal year. A further $100,000 for the fiscal year following is anticipated, so that the work of placing the cascade, over which water will flow from the upper to the lower gardens, may be finished. This will mean that about two years more will be needed to put the lower part of the park into artistic shape. The park is located in the hub of a thickly populated section of the city and fringes some of the important em- bassies of foreign countries. . POSTMASTERSHIP EXAMS CAN ANTICIPATE OPENING President Also Signs Executive Order Lowering the Age Limit of Applicants From 68 to 65. By the Associated Press. At the suggestion of Postmaster Gen- eral Brown and with the approval of the Civil Service. Commission, Presi- dent Hoover yesterday issued an execu- tive order, which will allow the ex- amination for first, second and third class postmaster applicants in antici- pation of a vacancy. The order also lowered the maximum age limit of applicants not in the postal service from 68 to 65 years, and declared that any person who has been in the service two years or more can take the examination for postmaster- ships regardless of age. Heretofore the Civil Service has not been allowed to give examinations for postmasters until & vacancy has oc- curred. At times, Postmaster General Brown said, this has worked a hard- ship on the department in keeping post- pol the identity of the thief. masterships filled. Husband Spirits Wife, 16, From Hospital To Avoid Large Bill for Her Care There Having come to the conclusion that his 16-year-old wife had sufficiently re- covered from the effects of poison acci~ dentally taken Tuesday, despite advice from Casualty Hospital physicians to the contrary, Ralph Leedy, 21-year-old drug store clerk, took matters in his own hands and spirited her away from the hospital in her night clothes last mid- | night. This morning Mrs. Leedy was at her | home, 2003 First street. in bed, but| none the worse for her flight from the | hospital. e young couple have been | married four months. Leedy said this morning that his! action was prompted by a desire to avold a I hospital bill. He had been e must stay at Casualty at least three or four days longer, A Mrs. Leedy was taken to the hospital Tuesday night suffering-from a dose of poison taken instead of cough medicine. Her condition at the time was said not to be serious. Shortly before midnight last night Leedy and a friend drove to the hospital. While the friend waited in the car, Leedy went to Mrs. Leedy’s second floor room, roused his wife and led her out into the hall. Just as they reached the head of the stairs, the night supervisor saw them and called, inquiring what Leedy was doing in the hospital at such an_hour. ‘Without a word he wrapped the over- coat he was carrying about the slight form of the girl, picked her up in his arms and dashed down the stairs, out- side and into the walting machine, which sped away, BACHMAN URGES FLEHARTY TODELAY PHONE RATE PLE? Public Utilities Commission™c Lack of Full Membership Given as Reason. VALUATION OF COMPANY PROBABLY TO BE MADE Court Decree Two Years Ago Nulli fied Last Rating, Which Totaled $24,686,000. A delay in the contemplated move of Ralph B. Fleharty, people’s counsel, be- fore the Public Utilities Commission t- seek a revision in telephone rates pend ing the appointment of the commis- sion’s complete personnel was recom- mended today by B. McK. Bachman, chief accountant of the commission. Bachman’s recommendation is con- tained in a report to Fleharty in answer to his recent request for information as to the commission's valuation of th telephone properties and the rate of re- turn it has earned since the compro- mise agreement of two years ago, which prevents existing rates from being dis- turbed before June 1. Hoover Expected to Act. One position on the commission has been vacant for several months due to the failure of the Senate to confirm for- mer President Coolidge's nomination of Col. Harrison Brand, jr, and another vacancy will occur May 31, when the resignation of John W. Childress, chair- man, is to become effective. President Hoover, however, is expected to fill on~ of these posts within the next 10 days Bachman’s report polnted out thai the commission probably would have to make an entirely new valuation of th- telephone company properties in view of the court decree of two years ago which nullified the commission’s last value o $24,686,000. In this case rates couln not be changed until the value is fixea The company’s return, based on th~ commission’s _original valuation o $23,000,000, Bachman reported, ha been in excess of 7 per cent, a rate which the commission heretofore has considered fair and reasonable. O the later valuation of $24,636,000, how ever, the company, according to th | report, did not earn in excess of - | per cent, except during the year endirz | last February. Excess Tofals $118,948 in Year. The excess of 7 per cent earned on the original valuation, Bachman founc amounted to $118,948 for the year end- ing Pebruary 28, whereas the exces on the later value, which was set asic by the court, was $3,082 for the sam- period. The report, however, showe: there is a general trend toward In- | creased earnings. |~ “The company continues to build v~ jan enormous reserve for accrued d-- | preciation,” Bachman said. “The ac- crual for 1928 amounted to $1,129,71¢ or over 20 per cant of the total operat- ing expenses. This sum plus maintc nance costs, comprised 41 per cent ¢ the total operating cost. The balanc in the reserves at the end of 1928 w: $6,306,456, or about 24 per cent of th book cost of the property.” Proper Rates Undetermined. The commission, Bachman explaine: has never determined what are th proper and adequate rates of deprecic- tion, having been advised by the Inte:- state Commerce Commission that i had jurisdiction over these items. How- | ever, the rates used by the company fo- |its accruals, its reserve and the han- dling of this reserve, he said, really ar the most vital of all questions affectin. rates. In connection with the revenues earnings for 1928, Bachman pointed the yeal s abnormal. due to the f. that it a presidential election yea: and cousequently there would hav been a marked increase in revenue fro: subscriber stationg as well as from mes - sage tolls. According to the report, there was 2* average increase in local messages : month of 711,143 and in toll message 19,440. “Apparently most of the increase handled without any great increase i expenses,” the report declared, “as tr expenses increased only 1.3 per c over 1927." “In view of the unsettled questions. and particularly in the absence of the finding of any value has been approved by the commission,” Bachman said, “no effort should be made to modify rates at the present time, and the valuation should not be revised until the person- nel of the commission is complete, when it can review the case and decide what action should be taken.” JURY FAILS TO AGREE ON ABDUCTION CASE Unable to Find Verdict on Charges Against Trio Accused of Fore- ing Truck Driver Away. After deliberating more than fou hours yesterday afternoon, a jury in Criminal Division 1, before Chief Jus- tice McCoy reported it was unable to reach an agreement on the question o the guilt or innocence of Elmer Altize his wife, Sadie Altizer, and Hele Woznik, charged with abduction o Raymond L. Schwenk, a truck drive: last January. The defendants were ac- cused of forcing Schwenk to take thep: in his truck to Penn's Grove, N. J. January 15. The prosecuting witness admitted hc agreed to drive the three defendants to Hyattsville, but when that town wa: reached, he said, a pistol was leveled at him and he was required to com- tinue to the New Jersey town. The defendants did not take the stand, but their counsel pointed out that at least on the ferry across the Delaware River. Schwenk could have reported the abduction and obtained assistance of the boat crew. Assistant _ United States Attorney Soaall | William H. Collins conducted the prose- cution, while the defendants were represented by Attorneys Frank J. Kelly, Abner Siegal, George Naphen and James Farrell. S Garage Company Is Sued. Alleging that he was assaulted by an employe of the defendant January 19, Eric W. Ericson, 1600 block of R street, has filed suit to recover $25,000 dam- ages from the Ontario, Inc., owner of & gt\r;gl in the 1700 block of Kalorams road. He says he drove into the place for gas for his automobile when the em- ploye beat him and cut him witn a knife. %:dl’:x represented by Attorney — %