Evening Star Newspaper, February 3, 1930, Page 1

WEATHER. (U. 8. Weather Bureau Forecast.) Cloudy, th i temperatire o morrow cloudy. tures—] colder Highest, 53, at noon today; lowest, 41, at 3 a.m. today. Full report on page 9. Closing N.Y. Markets, Pages 13.14&15 tonight; mini- bout 36 degrees; to- No. 31,324 post office, W Entered as second class matter ashington, D. @b WASHINGTON, D. ¢ Foeni WITH SUNDAY MORNING EDITION C, MONDAY, FEBRUARY 3, ny St 1930 -THIRTY-TWO PAGES. #* every city tion is delivered to () Means Associated Saturda; Circulaf !Inlny’r 3 Chlht::‘ “From Press to Home Within the Hour” The Star’s carrier system covers block and lh':. regular e Wi ington homes as fast as the papers are printed. 112,628 118,808 TWO CENTS. Press. TAFT RESIGNS GAPT,FRANKFLYNN 10 BE DISHISSED FROM DRY SERVIE Charges Against Borah’s In-| formant in Rum Row Not Disclosed. PROHIBITION OFFICERS TO STAND BY HERBERT Flynn Accusations Against Helena, Mont., Administrator Declared Previously Investigated. Capt. Frank S. Flynn, whose charges @gainst John J. Quinn, former deputy prohibition administrator in this city, and Col. John F. J. Herbert, now pro- hibition administrator at Helena, Mont., have been taken up by Senators Borah of Idaho and Wheeler of Mon- tana, is to be dismissed from the pro- hibition service, it was learned authori- tatively today. Flynn, who has been the informant to the Senators, was dismissed from the Federal service once before, when his resignation was asked from the | United States Veterans’ Bureau office in Denver, Colo. Charges Not Disclosed. The exact charges upon which Flynn will be released from the public service for the second time were not disclosed today, but it is known that charges are being drawn. One of them, it is be- lieved, will be insuberdination. The charges which Flynn leveled against Col. Herbert, who was formerly prohibition administrator for the local area—the District of Columbia, Mary- land and Delaware—had all been in- vestigated previously by the Prohibition Bureau, it was said by high officials. ‘These same charges had been found unsubstantiated before they were pre- sented to the Senators, according to prohibition offictals. Meantime Col. Herbert was believed either en route to Washington or actually in the city, but up to 1 o'clock this afternoon he had not reported to Dr. James M. Doran, prohibition com- missioner. Dr. Doran asked Col. Her- bert. to come to- Wi Y n tion with the Unless unexpected devy its, _indications today were that hibition offi- cials here would come ly to Col. Herbert's defense. Fiynn, who has been on “annual-leave” here in by P“;tbukwhllpun a law clerk in as 1t’l":e Baltimore prohibition office this me orning. At the Baltimore office Prohibition Administrator Stone was said to be out of his office for the day. Persons who could be reached by telephone at that - office would not say definitely whether Flynn had reported for duty, but they did say that they had seen him at the office. ‘Was World War Officer. Flynn served as a captain of ord- nance in this country during the World ‘War. According to Government rec- ords, he is receiving more than $180 & month from the Un'i“ugedsum Vet- erans’ Bureau as a emergency officer suffering from disability. The case of John J. Quinn, who was recently dismissed from the prohibition service, will not be involved in con- sideration of the Herbert case, it was said at prohibition headquarters today. GAS LIGHT STOCK SUIT | DISMISSED BY WHEAT Action Sought to Force Seaboard Trust to Dispose of Holdings in Company Here. histice Alfred A. Wheat of the Dis- trid Supreme Court today signed a 10!‘\131 order dismissing thes uit of the District of Columbia and the Public | fon all po | May Be Commissioner MAJ. GEN. H. B. CROSBY. STIMSON FRAMING DEFINITE PROPOSAL U. S. Takes Initiative at London With “Brass Tacks” Program. BY FREDERIC WILLIAM WILE. By Cable to The Star. LONDON, February 3.—Events at the five-power naval conference, The Star's correspondent is in position to an- nounce, are scheduled to proceed rap- idly from this week onward. Progress is likely to be such that ad- Journment by March 1 will become a strong possibility. The American dele- gation, primarily, will be responsible for setting the new pace. It will represent the United States’ ardent desire to cut the corners of technicalities with a minimuni of further delay and get the conference down to its major business. To that end, before many days have flused, Secretary Stimson and his col- to submit a definite prop- osition for the limitation or reduction of nr&mkf!t is not ':xpecued to ve or immediate agreement. 4 I:t:,’ however, but the plan will at least be so simple and so categorical in character as to enable prompt, un- of the respective equivocal expression attitudes of Great Britain, France, Italy and Japan. Is “Brass Tacks” Proposition. Broadly speaking, the American pro- gram is the kind known in the United States as a “brass tacks” proposition— one which will require the conference to “fish or cut bait.” Present ar.angements call for these developments practically as soon as to- morrow’s plenary session disposes of the complicated “transectional” scheme for transferring a certain percentable of tonnage from one category to another. This is & many-angled problem, but so- lution is believed to be in sight. Details of America’s “let’s go” pllni are carefullv guarded, but its general | purport can be summarized in four car- | dinal points: 1. Category limitation by a five-power treaty of all classes of shi braced iIn the treaty of Washington, namely, cruisers, submarines and de- stroyers. 2. Abolition of the submarine. If abo- lition proves unacceptable, the Ameri- can delegation will seek to restrict the number of submarines and prevent their future employment for attack on mer- chant vessels. 3. If there is a limitation of cruisers, submarjnes and destroyers, the life of battleships shall be prolonged five years, thus postponing commencement of re- placement under the Washington treaty until 1936. This comprehends a saving of between $300,000,000 and $400,000,000 on American battleship construction be- tween 1931 and 1936 and a correspond- ing saving by Great Britain and Japan. Ask Equality With Britain. 4. Any or all limftations or reductions proposed by -America are dependent on unqualified equality between the Ameri- can and British navies in equivalent fleet strength, if not in the actual num- ber of category units. Utilities Commission seeking to require | the Seaboard Investment Trust of Bos- | ton to dispose of its holdings in the Washington Gaslight Co. | Justice Wheat recently sustained a motion of Attorney Wilton J. Lambert | of Washington and James Piper of Bal- | timore to dismiss the suit because the | Seahoard Trust is not a corporation, and only corporations are prohibited | autom from holding more than 20 per cent of the stock of a local public utility | under the La Follette anti-merger act. No appeal was taken from the order | by Corporation Counsel Bride or his usman‘t)? Vernon E. West. A conspicuous feature of the Ameri- can proposition is the absence of any proposal for stated ratios, such as the 5-5—3 basis, whereon the treaty of ‘Washington rests. Instead of fixing the strength of the r.spective navies ac- cording to a mathematical schedule the Americans favor fixation of strength by category tonnages. This on its face will indicate the various proportions of naval strength assigned to each fleet, but it automatically will do away with the in- system of labeling this or that fleet as a class A or class B or class C navy. Both PFrance and Italy have chafed under the stigma of being advertised (Continued on Page 2, Column 4. REFUSING PHYSICAL EXAMINATION COSTS WOMAN RETIREMENT PAY Former Teacher in D. C. Schools, Now 62, Was Granted Compulsory Leave in 1923, Refusal to submit to a physical ex- &mination by medical inspectors of the public schools lost the privileges of “overnment retirement to Miss Ursuline *7. Brooks, 62 years of age, colored, & ‘eacher in the public schools, it was ruled today by Controller General Mc- Carl. When she refused to submit to the examination, Miss Brooks was granted a “compulsory leave of absence by the Board of Education” on March 1, 1923, the contreller’s decision explained. “She has not since taugh or received any|Columbia. compensation for teaching in the Dis- trict of Columbia schools,” McCarl said, but has requested retirement under the law provi re.irzmeont of teachers, as of August 29, 1929, when she became 62 years old. Her status, McCarl pointed out, was that of a teacher either “on compulsory leave of absence without pay pursuant to authorized regulations,” or as a “temporary separation from the service, thus breaking the continuity of her service and rendering her ineligible for retirement with annuity on attaining the age of 62 years.” Declaring she was not entitled to the annuity, McCarl said Miss Brooks could be paid the amount to her credit in the retirement fund. Miss Brooks taught for more than 35 years in the schools in the District of . She was appointed a teacher on September 1, 1887, and served con- tinuously until the time she was granted the compulsory leave. Her last school was the Philiips School. POST AS CHIEF JU BEN, . B, CROSBY CONSIDERED FOR D.. COMMISSIONER Studied by President Hoover. SUMMONED TO CAPITAL BY SECRETARY OF WAR |Would Take Over Supervisior of Police and Fire Departmenu: if Named for Post. Maj. Gen. Herbert B. Crosby, chief of Cavalry, U. 8. A, for the past four years, is known to be under serious con- sideration by President Hoover for ap- pointment as District Commissioner. It is the President’s intention in the event of Gen. Crosby's appointment to have him take over supervision of the Police and Fire Department. This Army officer has spent virtually all of his time since graduating from West Point in 1893 as a Cavalry officer. Gen. Crosby, in response to a com- munication from the Secretary of War, hurried back to Washington today from an inspection tour and was in consulta- tion with one of the President’s secre- taries. Secretary of War Hurley was present, but it is not expected that Gen. Crosby will see the President until later today, when he is expected to give a definite answer. Retirement Necessary. To take over this Commissioner Gen. Crosby necessarily would retire from the Army. This is com; un- der the law. His term as of Cav- alry, to which he was appointed in 1926, will expire in March, at which time he would automatically go back to his reg- he retires ular rank as colonel unless is that the in the meantime, ‘The understanding also Presdient will have no difficulty select- ing a second Commissioner just as soon as he recelves a definite answer from Gen. Crosby regarding Commissioner Dougherty's place. The President has had some one in mind for several days who has promised he would accept if the Pres t desired his services, though he would prefer to remain at his present important office under the Federal Government. Hoover whose terms expire tomorrow, hold over in office until he has definitely settled the matter of their successors. It was stated in his behalf today that the President may continue the two pres- ent ““{. b?ot e"r:' n:‘r a month or probably two mon necessary. Inasmuch as the present prepared the budget of estimates for the District for the next fll;‘lu‘{:ry it has been suggested to the nt that it would probably be more advisa- ble to have them remain at their until the local appropriation bills have been disposed of, because of their fa- miliarity with them. No Displeasure Indicated. The President has indicated that it is his desire to have a new Engineer Commissioner as well as two new civil- ian Commissioners of his own choosing, but it is not known just how long Ladue, the present Engineer Commis- sioner, will be asked to remain. Several weeks ago the Secretary of War was requested by the President to seek s successor to Col Ladue, and there have been indications since then that Lieut. Col. John J. Kingman, whose term as engineer officer for the Milwaukee dis- trict had expired and who is in Wash- ington awaiting reassignment, is the man. The White House has made it very clear that in not reappointing Com- missioners Dougherty and Taliaferre and in wanting & new eer Com- missioner, the President has indicated no displeasure at the manner in which the officers have conducted the affairs of the local government. Wants Army Man. It was txflnlntd further that his sole purpose in wanting an entire new Board of Commissioners is to have men of his own choosing. Since the President commenced look- ing about for available material from which to pick new Commissioners, he has evinced a keen desire to have a retired high-ranking Army officer on the board, principally for the purpose of supervising the Police Department. He has had a number of Army officers under consideration, but for one reason or another either they did not exactly suit the President’s purpose or else were not available at this time. Among some of these were Maj. Gen. McGlach- lin, Maj. Gen. Dalton, former arter- master General; Maj. Gen. Richard P. (Continued on_Page 2, Column 5. Sunday Growth The popularity of The Sunday Star is constantly growing with the residents of Washington and Greater Washington—a paper of in- creasing reader interest and reader acceptance. Sunday’s Circulation, 118,808 Year Ago Yesterday, 112,356 Increase ...6,452 Yesterday’s Advertisin; (Local Display) LINES. The Sunday Star. .81,112 2d Newspaper. ... .41,047 | 3d Newspapet. . ...26,870 67,917 | { Cavalry Chief’s Qualifications | 5 m 1ts expenditures DRY TRANSFER UP INHOUSE THURSDAY S Bill Providing Shift to Justice Department Is Formally . Reported. By the Associated Press. President Hoover’s first recommenda- tion to Congress to strengthen prohibi- tion enforcement by placing the respon- sibility on the Attorney General will be taken up by the House Thursday. ‘The measure to effect the transfer of the Prohibition Bureau from the Treas- ury to the Justice Department was re- to the House today by committee. The committee report, which urged early passage of the measure, was ac- companied by & minority report opposing & provision that would hold the Secre- tary of the Treasury and the Attorney General jointly responsible for the mak- Excess ....13,195 ° ing of regulations governing industrial alcohol permits. Three Days Set Aside. Acting upon the request of Chairman | Williamson of the expenditures commit- tee, the House rules committee decided to _ive the bill legislative preference to expediate action. Three days, beginning | Thursday, were set aside for its con- | sideration, with the view of a vote on Saturday. General debate will be limited to four bours. Then the measure will be con- sidered under procedure permitting the offering of amendments and the dis- cussion of the proposed changes. Seven members of the expenditures committee signed the minority report. It is over the provision of giving joint responsibility on issuance of alcohol permits that a heated contest is ex- pected, as a number of members feel that the Treasury Secretary should have nothing to do with prohibition enforcement. Gasque Heads Minority. ‘The minority group, headed by Rep- resentative Gasque of South Carolina, ranking Democrat on the committee, declared in their report they did not approve of the joint authority “for the reason that no effective enforcement of law can be obtained with two de- partments having joint authority - to deal with any part thereof.” . “We firmly believe,” the minority said, “that the enforcement of the National prohibition laws and all matters relat- ing thereto properly lies in the Justice Department. That this joint authority will grumole friction and the assump- tion by one department that the other will do all things necessary in connec- tion with the joint authority prescribed, and will permit a continuation of the present law enforcement. Further, it will permit one department to charge the other with responsibility for all re- sulting laxity of enforcement, and the public will not be able to hold either de- partment responsible. “We are firmly convinced that the illegal diversion of industrial and other alcohol under the existing enforcement provisions, with dual responsibility, has caused the present deplorable condi- tions in the enforcement of the prohi- bition laws.” The minority recommended the bill be amended to make the Attorney Gen- (Continued on Page 2, Column 1.) interest in his work. During his long years of activity Mr. Briggs created characters and pictures certain to live. The outstanding } ones will be reprinted, in the belief that they are as interesting today as when first published. THE MODERN VERSION OF CANT Clare Briggs’ Famous Drawings are being revived in THE EVENING STAR Since the ‘death of Mr. Briggs, one of America greatest cartoonists, there has been a great wave of public Turn to them each day for the next few weeks. They will be found on t.ha Sports pages of The Star. | will be able to get away from his office U ‘00 TALK! ELOPERS EAGERLY AWAITED BY SENATOR COUZENS AND WIFE Bride of Bank Employe to Do Own House- work. She Says at Norfolk. Where Couple Is Ho The parental arms of Senator and Mrs. James Couzens were opened wide today to welcome into their home their 19-year-old daughter, Margaret, and her newly acquired husband, William Jefferies Chewning, a young man upon whom the muilti-millionaire Senator has never laid eyes, and whom Mrs. Couzens doesn’t believe she’d know if she saw him without his bride. PRESDENT PLAS TRP 10 FLORDA Fishing Excursion for Few Days This Month Hope of Executive. President Hoover is hoping that he some time this month for a few days’ fishing off the East Coast of Florida. In announcing this at the White House today an associate of the Presi- dent said there is nothing definite in this contemplated vacation, but if the President goes it will be solely for the purpose of rest and recreation. The President will be accompanied only by Mrs. Hoover and not more than two or three intimate friends and several of his_associates. The place the President has in mind is Long Key, Fla, which is about 80 miles south of Miami. It was in the waters of the Gluf Stream, off Long Key, that Mr. Hoover did most of his fishine while in Florida last Winter before his inauguration. It is thought likely that the President will live aboard the Saunterer, a house-boat yacht be- longing to Jeremiah Millbank of New York, treasurer of the Eastern division of the Republican national committee. Probably two or three other small boats will be chartered for the other mem- bers of the President’s party. Mr. Hoover has for some time had a longing to forget work and get in a few days’ fishing, but his business has been so exacting and the demands upon his time have been so great that he has not felt inclined to go away until his work was in better shape. More- over, a week away from Washington would necessarily cause some break in the Winter social calendar of the White House, but this could be taken care of by postponing any such social engage- ments to a later date. The President is represented to be in the best of health, but he realizes he has been under a heavy strain with- out much let-up for nearly a year, and that he is satisfled that a ‘vacation, even of so short a nature as he con- templates, would be highly beneficial. Mrs. Hoover, who has not been entirely well all Winter, is expected to be bene- ] fited by such a trip. neymooning. elopement to Baltimore Saturday after- noon where they were married. Like one of her own spirited horses, famous in the horse shows in the Dis- trict and in nearby Virginia, home of the bridegroom, Mrs. Chewning, nee Couzens, has figuratively taken the bit, according to her father, and ‘“plans are all being made by her.” Senator Couzens this morning seemed pleased with the turn of events in his life, he was the elopement ithiul HOOVER APPROVES NAVY DISMISSALS | Musil Ordered to Serve Three Years—Northcutt, Ousted, Escapes Prison. President Hoover has confirmed the dismissal of two officers from the naval service. Lieut. Charles Musil of the Supply Corps, who is confined at the Washington Navy Yard following his court-martial here, will be dismissed and i- ordered to serve three years' im- prisonment, probably at the naval prison at Portsmouth, N. H., following his conviction of embezzlement of $54,- 651.21 of Government funds. Lieut. (junior grade) Harold W. Northcutt of the Construction Corps, who was on duty at the navy yard at Norfolk, Va., and who was charged with desertion and other offenses, will be dis- missed from the Navy, but in his case no prison term is attached. Recommended Sentence Cut. Lleut. Musil was tried by a speclal general court-martial at the Washing- ton Navy Yard last month, was faced with three charges of embezzlement of $54,651.21 and of conduct prejudicial to good order and discipline, as well as that of desertion in allegedly being ab- sent without leave from his ship from September 30, 1929, to October 14, 1929, when he gave himself up at the New York Navy Yard. The court-martial, it was learned to- day at the Navy Department, recom- mended that he ‘be dismissed from the service and imprisoned for five years, but this sentence was cut to three years’ imprisonment when it reached the Navy Department and was reviewed. The defense put forward by Lieut. Musil during his court-martial here was that he was mentally unbalanced. Northcutt, who stood third in his class at Annapolis, disappeared from the Norfolk Navy Yard on October 22, and it was at first thought that he had i met with foul play. His abandoned au- : tomobils e was found later in Richmond, but still there was nothing that would throw light upon the mystery. Was Discovered in Vancouver. Two weeks later he was discovered on the other side of the continent, in Vancouver, British Columbia, in com- pany with a woman, said to be a trained nurse. Northcutt agreed to return to lthe United States and surrendered to the commandant of the Puget Sound Navy Yard. He refused, however, to make any statement or to explain in any way his action. Members of his wife's family said after he was found that he had met a woman in New York while taking a course at _the Brooklyn Navy Yard and that she had left her home in Ottawa, Canada, for the avowed “purpose of clnng| the naval officer.” Northeutt was charged with desertion, entering a foreign country without per- mission and conduct unbecoming an officer and a gentleman. He was the son of L. C. Northeutt, superintendent of schools for Ralls County, Mo. He was appointed to the g;ntl Academy by the late Champ i Radio Programs on fige B-13 I High Spots In Life of Chief Justice Taft By the Assoclated Press. Here are the milestones in the life of William Howard Taft: Bom7“ Cincinnati, Ohio, September 15, 1857. Graduated from Yale, June 27, 1878. Admitted to Ohio bar, May 5, 1880. Appointed judge of Superior Court at Cincinnati, March 7, 1887. Appointed Solicitor General of United States, February 4, 1890. Appointed Federal circuit judge for sixth judicial district, March 17, 1892. Named president United States Philip- pine Commission, March 12, 1900. Appointed first Civil Governor of Philippines, July 4, 1901. Selected as Secretary of War in Prels’lg:m. Roosevelt’s cabinet, February 1, A Nominated for President by Republic~ can national convention in June, 1908. Elected President November 3, 1908. Inaugurated March 4, 1909. Defeated for re-election by Woodrow ‘Wilson, November 4, 1912, mf'amnd from presidency March 4, Appointed Chief Justice of United States by President Harding, June 30, 1921, 75,162 NEW GIFTS PUT CHEST TOTAL ABOVE $1.000000 Bulk of Today’s Reports Come From Metropolitan Unit of Campaign. The Community Chest campaign to- day passed the $1,000,000 mark, leaving approximately $751,000 remaining to be reported during the three final days of the drive. ‘Today’s total amount of contributions was announced as $75,162.67, being the result of door-to-door solicitations since last Saturday. This makes a grand total of $1,035,781.42. The special gifts committee rendered a report of $2,945 at today’s meeting, which was the larg- est attended since the opening of the city-wide campaign. From the Groups Solicitations Unit additional contribu- tions amounting to $6,373.80 were re- ported from employes of stores and in- dustrial establishments. | The big bulk of new contributions to the Chest fund came from the Metro- politan Unit whose total of $65,843.87 from 4,082 givers represented an in- crease of approximately $15,000 above its previous report. No. 8 Surrenders Flag. | Division No. 8 of the unit surrendered the flag today to Division No. 1, of which Arthur Adelman is chairman, this group having raised 31.8 per cent of its quota. Division 8, however, turned in the big- gest quota today, reporting $8,591, which led all other teams by a good margin. No report was received today from Region 5, which embraces the colored population of Washington. It was ex- plained that the regional teams have not yet held a meeting since last Saturday. Chairman Frank R. Jelleffl of the Group Solicitation Unit reported that its total quota of $260,000 will surely be raised before the campaign ends next Thursday. It was expected that the bulk of contributions to this group would not be completed until the can- vasses were concluded in many of large stores which have hundreds of employes. The Washington Railway & Electric Co. which has about 4,000 employes, Mr. Jelleff said, has raised about $9,000 among its personnel with the job only partially completed. Dr. Abraham Simon Speaks. Dr. Abraham Simon of the Wash- ington Hebrew Congregation, the guest speaker at the meeting in the Mayflow- er Hotel, declared that the campaign represents a Chest fellowship which has developed a community combined for the good of Washington. Mgr. Edward L. Buckey of St. Matthew's Catholic Church gave the invocation. While the total amount of Chest contithutions received to date means approximately $250,000 must be raised each of the three remaining days of the campaign, Chairman John Poole was confident the job would be done. “It is a tremendous job to raise ap- proximately $206,000 per report day during the remaining four days, includ- ing today,” Chairman Poole said, “but I still believe that if the cause can be properly presented to the people of Washington and they can be brought to a realization of the fact that not only are there 18 more organizations in the Chest this year, but that the needs of those already in the Chest have materially increased, that Wash- ington will finish the job.” Revised Figures Show Increase. Revised figures on Saturday’s contri- | butions prepared yesterday by the au- diting department of the Community Chest_show_some slight changes. STICE FORMER PRESIDENT BLAMES ILL HEALTH FOR RESIGNATION IN'NOTE TO HOOVER Harlan F. Stone, Coolidge and Hughes Are Mentioned as Successors—Decision Expected to Be Deferred. COMPLETE COURT CHANGE REGARDED AS PROBABLE Relaxation Sought by Jurist at Asheville—Will Return to Capi- tal Tomorrow—Sutherland May Be Forced to Retire, Due to Physical Condition. By the Associated Press. Willlam Howard Taft, broken in hneaith by years of labor for the nation, has resigned the ex- alted post of Chief Justice of the United States. Through his son, Robert A. Taft, he submitted his resigna- tion today to President Hoover, while he himself prepared to re- turn to Washington from Ashe- ville, N. C.,, where he went sev- eral weeks ago to recuperate from a near-breakdown. Chier Justice Taft is a “pretty sick man,” Dr. Francis Hagner of Washing- ton, his personal physician, said n V Asheville today. Mr. Taft is “very weak and he is not improving,” Dr. Hagner said, “and as he is not improving we feel that it iwould be safer to get him back to ‘Washington.” Although the resignation came sud- denly, so far as the public at large was concerned, those in the inner circle of the Supreme Court had been expecting for several days that the former Presi- dent would be compelled to give up his exacting duties on the bench. had seemed matter of time when a should be named. Who that m'fll be remains to be seen, becaise President accepied Mr. Taft's Hoover has not yet resignation. ! Coolidge Is Mentjoned. Nevertheless, immedial upon an- nouncement of the Chief Justice's res- ignation names began to crop up in profusion as to a successor. Besides those already an the highest tribunal, including Justice Stone, there came into the picture Calvin Cool 3 another former President, and Char] Evans Hughes, who once served on that august tribunal. Those familiar with presidential and Supreme Court procedure, however, ex- pected that President Hoover would consider for some time before making a selection. Chief Justice Taft was a sick man recently when he went to Cincinnati to attend the funeral of his brother, Charles P. Taft, the publisher. On his return to Washington it was apparent to both his friends and to bis physicians that he must have a period of complete relaxation and he was per- suaded to go to Asheville for a rest. He seemed to recuperate there, but his sudden decision to return to Washing- ton was a signal to those who knew the | him that he had made an important decision. Reorganization Held Probable. ‘The importance of the re tion lies in the probable reorganizati of the court. At present always five and often six of its nine members are called con- servativ, Justice Stone has been aligned with Justices Holmes and Brandeis in many of their dissenting opinions and would be expected by those who are familiar with his trend of mind and views to be what is known in court cir- cles as progressive. ‘There is a possibility that during the administration of President Hoover the court may be completely changed. Jus- tices Holmes and Brandeis are both eligible for retirement, but both intend to remain upon the bench indefinitely. Justice Vandervanter is said eligible for retirement and has been remaining on the bench at the earnest solicitation of his_colleagues. During President Hoover's adininis- tration, should he be re-elected, he will have the appointment of more than a majority of the members of the court. Justice Sutherland has long been in ill health, and, while he has improved, it is expected that he will, unless his El:yslcnl condition materially improves, forced to retire in the near future. It was recalled that when President Hoover was making up his cabinet, he sought to have Justice Stone relinquish his place on the bench to again become Attorney General, but the justice Jde- clined the appointment. Subsequently, when the President was selecting his National Commission on Law_Enforcement and Observance, he (Continued on Page 4, Column 1.) (Continued on Page 2, Column 6.) GRANDEE WAITS 5 YEARS TO DARE* DE RIVERA TO DUEL OVER ATTACK | Ousted Spanish Premier Declines, Sending ‘“Explana- tion”” of Political Remarks. By the Assoclated Press. l MADRID, February 3.—Challenged to a duel, Gen. Primo de Rivera, Spain's ousted dictator, has offered his ex- planations to the Duke of Almodovar and thus evaded necessity of settling an affair of honor with pistols. Pive years ago, in the first days of his dictatorship, Gen. Primo de Rivera made particularly violent statements in | criticism of ministers of the cabinet preceding his. One of those assailed | was the Duke of Almodovar, former minister of interior, who was termed a “weak and inept man.” The duke sent Primo a letter de- T S manding explanations or reparations by arms on the fleld of honor. Gen. Primo de Rivera replied that while he was in power he would not undertake thing of this sort, but would leave solution until such a time as he had abandoned his post. ‘Twenty-four hours had not elapsed after Primo's h‘l:" from power before the Amar 'tnd_Jos "Pedtesal 3 Ganons and Jose ez Calvo, another former mlnh&r. to de- mand satisfaction. Gen. de Rivera told the sec- onds he was sending a letter to the duke recalling his antry and thet he was alwa gentleman, and making his explanations for the objectionable remarks. J -