Evening Star Newspaper, February 6, 1930, Page 2

A—-2 a» F.H.SMITH COS | MOTION IS DENIED New York Supreme Judge Re- fuses to Restrain Steps of Stockholders. The F. H. Smith Co, Inc., lost its first important legal skirmish in New York City today when State Supreme Court Judg: Abrakam J. Levy, in a strong opinion, refused to restrain the committee of stock and bond holders from acting in concert against the com- pany in the interests of the security holders. ! One of the principal allegations of the parties instituting this action in behalf of the company was that “false and misleading” advertisements had been published by the committee, charging in effect that the interests of the bond and stock holders were jeopardized by the | poo: financial condition of the Smith company. With regard to this charge, Judge Levy said: “It seems to me that the motion for a temporary restraining order must.be denied upon its merits. On the papers presented I am by no means convinced that the defendants have disseminated false information, or that their activi- ties have been prompted by anything other than an honest desire to protect the interests of the stockholders of the company in question and those who dealt with it.” Motion Seeking Receiver. Immediately after announcement of this decision, Lewis Landes, of counsel for the stockholders' ~ommittee, filed a motion with Judge Wou-sgy of the United States Court, southern fistrict of New York, calling upon the Smith company to show cause why a received should not be appointed forthwith to take over the company's assets. At the same time a subpoena duces tecum was served on ‘Theodore Weed, newly elected president of the company, to produce in court the firm’s records at the hearing on the motion February 11. Mr. Landes announced that he will send_copies of Judge Levy's decision to the 8,000 Smith Co. stockholders ghose names he has. Copies also will mailed other stockholders as their fames are furnished him. ‘The action for a temporary restrain- ing order was brought by Walter 'J. Pichert of New -York, who identified Pascual Ortiz Rubio, new President and his wife was wounded in the ear and garded as seriously hurt. ORTIZ RUBIO RESTS WELL AFTER BEING SHOT BY ASSASSIN| (Continued From First Page.) | to 1ift his arm and fire at the occupants. A motor cycle policeman, Jorge San Millan, a member of the presidential guards, jumped from his machine aad | Wwith others overpowered the gunman, who offered virtually no resistance and allowed himself to be taken into the palace. The President’s chauffeur, meanwhile, despite his injury, speeded the car through the crowd, 'which hardly knew what had happened, to a Cross hospital, where the injured were treated. i Announcement that the President himself as a stock and bond holder of the Smith Co. He was joined in his, Ppetition by others similarly situated. The substance of his complaint was that the stock and bond holders com- mittees were not acting in good faith and that the interests of all stock and bond holders were threatened by the allegedly unjustified attacks on the company by the committees. The defense was that the affairs of the Smith Co. had come to such a crisis that concerted action on the part of security holders was necessary snd that the committees were formed for this purpose only. Judge Levy said in his debusion: “This is an application for ar order pendente lite restraining the d@efend- ants from organizing or attempting to organize groups or committees.of bond- holders or stockholders of the F. H. Smith Co. It is also sought to enjoin the defendant from publishing mislead- ing information concerning that com- pany and from disseminating state- ments. advertisements and notices which may be calculated to induce action by bondholders or stockholders prejudicial to the interests of the com- any. The action was brought by one ichert, who alleges he is owner of bonds issued by the Smith Co. He sues on hehalf of himself and all others similarly situated. “The moving affidavit of Willlam R. Baum, manager of the company, dis- closes, however, that ‘it never issued any bonds whatsoever, but merely sold the bonds, which were issued by bor- rowing corporations and individuals.’ Indeed the very affidavit of the plaintiff himself states that his bonds were ‘sold’ to him by the F. H. Smith Co., Inc. Assuming that an action of this character may properly be brought by bondholders of a company rather than by the corporation itself, it strikes me that ome who has merely purchased from it bonds of other concerns may not be heard to complain that the con- duct of others has undermined con- fidence in the affairs of the company. While this point does not appear to be urged by those opposing this applica- tion, the question nevertheless occurs, what interest has such a purchaser in the corporation proper? The fact that some of the moving affidavits are made by stockholders does not improve the situation from the standpoint of the plaintift since the latter is merely a | purchaser and the words ‘others sim- ilarly situated’ can only have reference to other bondholders.” JURY IS STILL OUT DESPITE DEADLOCK had been injured was not made until some time later. A censorship was | placed on outgoing press matter and it Wwas several hours later before the President’s injury was known outside Mexico. At the Red Cross Hospital the bullet, which penetrated the President’s cheek | and lodged in his left jaw, was ex- tracted easily under anesthetics and | thereafter the President was removed to his home. His wife, niece and chauf- feur also were treated at the hospital ;nd left later for the presidential resi- | ence. Denies Il Will. ‘The minister of war, Gen. Jaoquin Amaro, participated in the questioning of Flores, who declared he was a mer- chant and bore no personal ill will toward Senor Ortiz Rubio, but thought he should be removed from the presi- dency for the country’s good. He said he was not affiliated with Communists and had no religious prej- udice, but he was alleged to have ad- mitted he was a “Vasconcelista.” De- ite his denial the government believed the shoolln‘g developed from a well prepared plot of “Vasconcelista” origin. Federal district authorities only last week claimed .to have frustrated one such “Vasconcelista” plot with arrest of 19 persons who allegedly planned to assassinate both Senor Ortiz Rubio and Emuilo Portes Gil and seize the govern- ment. If that was the plan in this instance events did not develop as was hoped, for Mexico City, except for an air of anxiety for the President’s safety, was quiet with little or no indicatton that. anything unusual had happened. A crowd of about 60 demonstrated in front of the newspaper offices shouting, “Viva Ortiz Rubio!” and “Death to | political assassins!” In Town Since Sunday. Flores, who is of dark complexion and good appearance and attire, said he arrived in Mexico City Sunday and ut up at a local hotel. Monday he Ecufiht a pistol and yesterday went to the National Stadium, where the in- auguration ceremony was held, seeking a favorable -opportunity to shoot the President. He was unable there to get near his victim. He tried at various places along the line of march back to the palace to find the chance he was looking for. He then stationed himself outside the Na- tional Palace door, where the crowd had diminished greatly, and fired at the m!lidenllll car just as it left the ilding. VASCONCELOS BLAMES CALLES. Defeated Foe of Ortiz Rubio Calls New President Tool of Predecessor. Impasse of More Than 36 Hours Results From Trial of For- mer Judge. By the Associated Press. AUSTIN, Tex., February 6—Dead- locked for more than 36 hours, the jury in the trial of John W. Brady, former Texas jurist charged with stabbing to death Miss Lehlia Highsmith, Texas C.pitol stenographer, November 9, today rrtzlsumed its apparently hopeless deliber- ations. Reported standing 10 to 2 for con- viction, with a heavy penalty, the jury twice reported to Judge J. D. Moore it was unable to reach a verdict. Each time the jurist ordered it back for fur- ther deliberations. He did not indicate how long he would hold the jurors to their task. The case went to the jury late Tues- day after a trial lasting more than two weeks. The defense sought to show Brady was insane when he stabbed the stenographer, contending this condition was brought about through excessive use of bootleg whisky. DESERT IRRIGATION PLANS REVEALED TO OPTIMISTS 8. B. Detwiler Explains How Ari- zona and New Mexico Wastes Will Be Made Fertile. Government and private irrigation plans which will transform the arid, desert wastes of Arizona and New Mex- ico into fertile farm lands and bring a new prosperity to those States were out- lined to members of the Optimist Club of Washington in a talk yesterday aft- ernoon by S. B. Detwiler, director of plant pathology of the Department of Agriculture. Mr. Detwiler explained to the Op- timists the processes of spreading the great rivers over the country to bring the precious water needed for the culti- vatie ~ crops in arid lands. ‘7be luncheon was a testimenial af- fair for two active members who are leaving the Capital—William St. John, Zirst vice president of the club, who coes to San Francisco shortly, and Francis V. Thompson, director of the Boys’ Club here, who goes in a few days LOS ANGELES, February 6 (#).— Commenting on the attempt to assassi- | nate President Pascual Ortiz Rubio in Mexico City, Jose Vasconcelos last night, reiterated his belief that “there can be no peace in Mexico until o free elec- tion is effected.” Vasconcelos was- defeated by Ortiz Rubio for the presidency in the Mexican national election last Fall. “The present government of graft and murder must be superseded by a gov- ernment of public opinion,” Vasconce- los said. “During the past six years Calles (Plutarco Elias Calles) has been using the iron hand, with the result of a half dozen revolutions and constant agitation and trouble. “It is sad to think of Ortiz Rubio being hurt, because he is nothing but a tool of Calles. “I hope for peace in Mexico, but I know that peace never comes without Justice, so let us hope for justice first.” Vasconcelos came to Los Angeles shortly after the election last Fall. He now is instructor in Spanish language at the University of Southern Cali-| fornia. 3 MEXICAN EXECUTIVES 1 jMadero and Carranza, Presidents, and Obregon, President-Elect, Died by Violence. By the Associated Press. During the last 17 years of Mexico's history three Presidents or Presidents- elect have met death by violence. On February 22, 1913, President Francisco Madero was killed while being lfik,en to prison during the Huerta revo- lution. |, On May 21, 1920, President Venustiano Carranza was murdered at Tlaxcalal- tonga during the revolution of 1920. On July 17, 1928, President-elect Al- varo Obregon was assassinated at a pub- | lic dinner. Sides Battle in Garment Strike. | NEW YORK, February 6 (#).—Two disturbances in the garment section in connection with the strike of 25,000 | members of the International Ladies’ | Garment Workers' Union occurred to- | day when strikers and members of the so-called left wing, who are not on 10 Chicago to take over the direction of ihe Union League Bovs' Clnhe in {hgt city. 4 strike, met in Thirty-sixth and Thirty- e'ghth streets. . Fighting resulted in| three arrests. SLAIN IN LAST 17 YEARSEw THE EVENING STAR, WASHINGTON. D. ¢, THURSDAY, FEBRUARY 6, 199, N RESCUED IN SCHOOL FIRE WOUNDED BY ASSASSIN - of Mexico, and Senora de Ortiz Rubio are shown here with their children, Eugio, Ofelia and Pascual, jr., on their recent visit to the United States. The President was shot through the cheek yesterday | scalp at the same time. Neither is re- —P. and A. Photo. SECRET RED POLICE REPORTED IN PARIS France Probes Rumors That Gaypayou Agents Act in Koutiepoff Case. By the Assoclated Press. PARIS, February 6.—The government is carrying on a quiet investigation into reports that the Gaypayou—secret serv- ice of Soviet Russia—is acting independ- ently here in violation of French sov- ereignty. ‘The investigation is an outgrowth of the disappearance here of Gen. Alex- ander Paul Koutiepoff. Charges have been made that the general, leader of the White Russians and successor to the Grand Duke Nicholas, was kidnaped by Soviet secret police. Should the accusations of secret ac- tivity be proved, it is presumed here that the government would make an official move. Meanwhile, there are no indications that the government- is per- turbed by dispatches from Moscow based on Soviet views that relations between France and Russia are strained. ‘The .government has informed the Soviet Ambassador that it is not re- sponsible for statements in the French press and that it will continue a strong force of police at the Soviet embassy until the present flurry passes. It i> poluted out. in French eircles that Russian citizens have perfect free- dom in France, while the same is not true of Frenth nationals in Russia. Several newspapers are urging action, Le Matin lag that nige-tenths of the French people would” glad to see Soviet diplomats leave, La Liberte said today, “Paris has reached the end of its patience.” SIX OF COLLEGE FACULTY “STRIKE” “Unethical Treatment” of Nebras- ka M. E. Professor Given as Cause of Others Resigning. By the Assoclated Press. HASTINGS, Nebr., February 6.—Ad- ministrative officers gf Hastings College, a Presbyterian tution, were ex- pected to receive by mail today the resignations of six faculty members, This action was taken following the resignation yesterday of Dr. W. E. Uphaus, head of the religious education department, ~who, the “sympathy strikers” claimed, was subjected to “un- ethical treatment” at the hands of the college administration. Dr. Uphaus said he would leave to- morrow for New Haven, Conn,, to take advantage of a research scholarship awarded him by Yale University. Dr. Calvin H. French, president of the col- lege, who is in New York, denied knowl- edge of the sextet's intention to resign, and stated Dr. Uphaus’ resignation was entirely voluntary. He said “the situ- ation is being badly distorted in some qu;rwm.'; t upporters of Dr. Uphaus said he had been criticized repegudly and rep- rimanded by college officials for dis- seminating among pupils doctrines termed = “extremely liberal and even dical” by trustees. The six who re- signed were Prof. Joseph Baccus, head of the department of public speaking; Dr. Hewitt Vinnedge, head of the his- tory department; Prof. Leroy G. Pulver, head of the department of economics: Prof. Merle Maupin, head of the piano instruction department; Dr. Forest Wit~ craft, head of the sociology depart- ment; Dr. James Duncan, head of the physics department. AMERICAN U. DEBATERS DEFEAT WESLEYAN GIRLS Judges Two to One in Favor of Home Speakers on Question of Liberal Arts Education. American University girls’ debating am won over Ohio Wesleyan Univer- sity girls last night in debate at Hurst Hall, on the local campus, by a vote of 2 to 1 of the judges. It was the first ime in two years that the Ohio girls had been defeated away from home. The winners, consisting of Jane Lytle, Ethelwyn Hine and Pauline Frederick, defended the affirmative of the question, ‘Resolved, That the policy of providing a college of liberal arts education for all h[g!’l school students who seek it is sound” The visitors were Margaret 5!}1‘:1‘5:1;”. Rosalyn Wones and Helen The judges of the debate were Kath- leen Duggan, Oscar C. Merrill and James A. Sourwine, all of this city. The presiding officer was Mrs. J. T. Marsh- man, wife of the head of the depart- ment of oratory at Ohio Wesleyan, who accompanied the visiting team. Motor Company Official Dies. KENOSHA, Wis,, February 6 (#).— Walter H Alford, 52, vice president and controller of the Nash Motors Co., died of heart disease at his home yes- terday. He came here 15 years ago from Michigan when the Jeffery Motor Co. was taken over by C. W. Nash., Mr. Alford was noted in Wisconsin as a philanthropist. His benefactions were estimated by millfldos to have to- led more than & n dollars. HOOVER FELICITATES MEXICAN EXECUTIVE Pleasure That Ortiz Rubio Escaped Assassin Is Ex- pressed by President. President Hoover, through the State Department, today communicated to President Ortiz Rublo of Mexico his pleasure that the Mexican Chief Ex- ecutive had escaped serious injury when shot yesterday by & would-be assassin. Mr. Hoover characterized the attack | wardly.” His message read: ‘While deeply distressed to learn of the cowardly attack made on you and your family, Mrs. Hoover and I rejoice with the American people that you and Senora de Ortiz Rubio have suffered no serious harm and that you have been spared to carry on your constructive program. Please accept our most cor- dial wishes for your complete recovery and be assured that the Government of the United States earnesiiy trusts that Mexico, under your wise ahd able guid- ance, will enjoy an era of spiritual and economic progress.” Shortly after the White Houre an- nouncement the Department of Etate issued this statement: “The Department has received a tele- gram from Herschel V. Johnson, Amer- ican charge d'affaires at Mexico City, to the effect immediately upon receiv- ing news that an attempt had been made yesterday afternoon on the life of President Ortiz Rubio, special Am- bassador Joshua Reuben Clark and Mr. Johnson called upon the minister of foreign affairs. Mr. Clark said to him that while he had not had an oppor- tunity to confer with his Government, he knew that he spoke the sentiments of the President of the United States and the American people when he ex- pressed profound regret for the attempt on the life of President Ortiz Rubio, an attempt which had neither justification nor_excuse. “Mr. Clark at the same time ex- pressed sincere congratulations that the attempt had been unsuccessful and asked the Minister to convey these mes- u?es to the President at an appro- priate opportunity. “The Mexican minister for foreign affairs replied that he deeply appre- ciated what Mr. Clark said and that he would be glad to convey the message to the President as soon as possible.” CROSBY’S CIVILIAN STATUS QUESTIONED IN FACE OF RULING (Continued From First Page.) not be sent to an insane asylum without his- consent. The Government officials based their euntire contention that the lower court was in error on the plea that the retired officer was still in the | military establisthment and subject to | orders of the Secretary of the Navy. Regulations Quoted: ‘The decision, in part, declared that: “An officer on the retired list of the Navy may be assigned to active duty in time of war (section 1,462, R. 8) and, with his consent, in the discretion of the Secretary of the Navy, he may “be ordered to such duty as he may be able to perform at sea or on shore, and, while so employed in time of ace, shall receive the pay and allowances or an omcer of the active list of the same rank.” Act of August 22, 1912, 37 Stat., 329. “The status of a retired officer of the Army was the subject of an inquiry in United States vs. Tylor, 105, U. S. 244. Section 1,256, R. S, provides that “officers retired from active serv- ice shall be entitled to wear the uni- form of the rank on which they may be retired. They shall continue to be borne on the Army Register and shall be subject to the rules and articles of war, and trial by general court-martial for any breach thereof.” “This section is the substantial equivalent of section 1457, relating to the retired officers of the Navy. The Supreme Court said: ‘It is impossible to hold that men who are by statute de- clared to be a part of the Army, who may wear the uniform, whose names shall be borne upon its register, who may be assigned by their superior offi- cers to specified duties by detail as other officers are, who are subject to the rules and articles of war, and may be tried, not by a jury, as other citizens are, but hy a military court-martial, for any breach of those rules, and who finally may be dismissed from the service in disgrace, still are not in the military service, * We are of the opinion that retired officers are in the military service of the Government.’ Tyler Case Determines View. “In "our view the decision in the Tyler case is determinative of the issue here. Comdr. Treibly’s ‘incapacity’ is the result of an incident of the service. His care and protection while thus in- capacitated, and unable to act for himself, are the concern and duty of the Government. His commitment, therefore, was authorized by Section 4843, R. S, and it follows that the Jjudgment must be reversed with costs, and the case reversed and remanded.” Merely for the sake of conjecture, however, the question was being dis- cussed today as to what, if anything, would be done in case that Gen. Crosby was confirmed by the Senate and took office. There would apparently be no question of the legality of his appoint- ment. In this connection, it was re- called that in the case of Frizzell vs. Newman (former District Commis- sioner) the United States Supreme Court held that in the absence of an application in quo warranto by the Attorney General or the United States attorney a citizen would have no such interest as would entitle him to ques- tion the appointment. The court in- timated that a person entitled to the position in the event of the disqualifica- tion of the appointee might have such interest. In the case of Commissioner Dough- erty, should he wish to question the naming of the Army officer as his suc- cessor, the point would probably be made that his term of office has ex- ired and that he is holding over mere- ly at the pleasure of the President. Action Is Unlikely. ‘The Attorney General, having already ruled that the Army officer on retire- ment becomes a civilian, it is not likely that he would bring any legal action, and neither would United States Attor- ney Rover. Provisions of law allow retired Army officers, who are appointed by the Pres- ident by and with the advice and con- sent of the Senate, to receive not only their retired pay from the Army, but also the pay of the position to which they are appointed. This permits some Army officers to receive several thou- sands of dollars from the two sources. If, however, an Army officer is ap- pointed to a position by the President and the Senate does not act on his case, the officer may receive only the smount of his new position. This re- striction was binding in the case of Brig. Gen. Herbert M. Lord, who was retired from the Army as chief of fi- nance and who_became the second di- rector_of the Bureau of the Budget. Gen. Lord received $10,000, $4,500 of which came trom the Army and $5,500, the balance, from the Bureau of the Budget. If an Army officer, however, is retired from the service because of disability, he may aceept any position without re- striction as to pay and continue to re- ceive his retirement pay from the Army. The law with some exceptions which A. Hoehling that a retired officer might | g CRIPPLED CHILDRE CRIPPLED CHILBREN TAKEN TO SAFETY IN FIRE AT SCHOOL (Continued From First Page.) buried tear-streaked and terror-stricken faces in the folds of her garments. One little girl, Eva May Trevey, Was as composed as though she was watche ing her class in recitation. As she sat helpless in a_wheel chair, she frowned most seriously and admonished her little friends to “be brave like I am!” Seeing a reporter for The Star among the weeping youngsters as he tried to help quiet them, she grabbed his coat sleeve. “Listen, I'm not crying. Everybody else is, but I'm not, tell them to look at me, will you?” . Another little boy—he couldn't give his name for the sobs which choked him, and he was taken to quieter terri- tory before he could be identified—wept long and bitterly. Here his school was on fire, and his daddy, a fireman, wasn't there to put it out. Advised to smile like & son of a smoke-eater, he wept and sobbed: “Y-y-yeah, b-but this isn't daddy’s re.” Among the school officers from the Franklin Administration Building who responded to the alarm was Robert L. Haycock, assistant superintendent in charge of elementary schools. He went among the children comforting them with pats upon the heads and voiced commendation for the teachers and the janitor of the school for the man- ner in which they handled a threat of one of the most tragic catastrophies which ever menaced Washington schools. By noon most of the excitement had subsided and the convulsive sobbing had ceased. Little Eva May Trevey's philos- ophy and example, Mrs. Haniey’s hugs, and the teachers’ kindly ministrations had had their effect. When the reporter for The Star left the building, the youngsters had already begun to swap experiences and most of them, by that time—according to the way they were being told—were har- rowing. One chap vowed he had start- ed out the window, but haited when he ;]!eslded he'd better be “grown-up about This morning’s near tragedy was re- garded as further testimony against the antiquated equipment found in ‘Washington's public schools. The Star reporters, who less than 48 hours ago completed their building-by-building visit in a city-wide survey of schools found many other building equipped with the same type of hot-air furnaces as those in the Weightman Building. In virtually every case where these furnaces are in use, there are the same iron-grilled registers set flush with the wooden floor surfacg in the corridors. Under the present prac- tice of using brooms and floor brushes instead of vacuum cleaners, it is vir- tually impossible to avoid the accumu- lation of sweepings, which caused to- day's blaze. Mr. Haycock said he would com- mend the teachers and the janitor for their prompt action in handling the situation when he makes his formal report to Dr. Frank W. Ballou, super- intendent of schools. “The teachers, the physiotherapist and the matron,” he said today, “are to be commended for their coolness in putting into effect the fire drill ar- rangements for the safety of the puplils. For his good judgment in promptly sounding the gong and in making quick use of his fire extinguisher, the janitor also deseryes credit.” restricts the ability of an Army officer to hold extra positions, reads as follows: “No person who holds an office, the salary or annual compensation attached to which amounts to the sum of $2,500, shall be appointed to or hold any other office to which compensation is at- tached, unless specifically authorized | thereto by law; but this shall not apply to retired officers of the Army or Navy whenever they may be elected to public office or whenever the President shall appoint them to office by and with the advice and consent of the Senate. Retired enlisted men of the Army,| Navy, Marine Corps or Coast Guar retired for any cause, and retired offi cers of the Army, Navy, Marine Corps or Coast Guard who have been retired for injuries received in battle or for injuries or incapacity incurred in line of duty, shall not, within the meaning of this section, be construed to hold or to have held an office during such re- tirement.” It was under this law that a decision of the controller general of the United | States held some time ago that a retired i Army officer, Col. Asa B. Garduer, could not be paid for lectures at the Navy War College at Newport, R. I. He feil | within the restriction of an Army of- ficer, retired, who would thereby have received more than the maximum of | $2,500 altogether. H Congress sometimes passes special acts to take care of Army officers ap pointed to special jobs. One of these instances was that of Maj. Wallace W. Kirby of the United States Army, who was made director of the Bureau of En- | graving and Printing and taken from the active list of the Army to do so. ‘The case of Gen. Lord, who was re- stricted to the total of $10,000 per yesr, also applies to any of his successors in office. A special act of Congress makes this provision in the case of an Army ' officer who is the director of the Bureau of the Budget. Another outstanding Army officer who is now in the service of his Gov- ernment in a civilian position is Gen. Frank T. Hines, now director or the United States Veterans' Bureau. Gen. Hines resigned from the Army and ncw | is recelving the regular salary of the | director of the Veterans' = Bureay, | $12,000. i Gen. Mason M. Patrick, former chief of the Army Air Service, now is serving on the Public Utlilities Commission of the District of Columbia. As a retired Army officer, however, appointed by the President and confirmed by the Senate, Above: Crippled pupils of the Weightman School, L who were carried or helped to safety when an antiquated hot-air furnace set fire to the building today. Below: Miss Dorethy Howell (left) and Miss Helen Hess, teachers in the school, who led their charges to safety. —Star Staff Photo. DRY TRIAL SCHEME OF CRIME PROBERS HIT AND DEFENDED (Continued From First Page.) missioners to hear prohibition cases was being argued, the House was prepar- ing to take up today the Williamson bill to transfer to the Department of Justice the enforcement of prohibition, in accordance with one of the principal recommendations of the commission. The bill is to come up under a special rule allowing 4 hours of debate. Representative Beck of Pennsylvania has obtained leave to address the House for an hour tomorrow on the subject of the commission’s report and to reply to the recent address of Representativz Franklin Fort of New Jersey, who held, among other things, that light wines and beer could be made in the home without Jaw violation or with a slight clarification of the law. It is possible that a vote on the transfer bill will not be reached in the House until Saturday. It must wait today until the rgndlnl amendment to the oleomargarine law is disposed of. Dean Pound, appearing before the House judiciary subcommittee, delivered @ legal argument, supporting the con- stitutionality of the pi 1 that United States commissioners shall hear cases of minor violation of the prohibi- tion laws, Senator Wagner summarized his ob- jections to the use of United States commissioners to hear cases of dry law violation as follows: “First. It sets up a new and unheard- of category of crime which is both felony and misdemeanor at one and the same time. Second. It confers upon a district attorney the power to choose in each case after the offense has been com- mitted whether to regard it as a petty misdemeanor or a grave felony. “Third. It confers upon a district a torney the power in each case when & jury is demanded, after conviction for a petty misdemeanor, to change the na- ture of the offense id to proceed to accuse the prisoner of a felony. Sees Constitutional Defect. “Fourth. The proposal is constitu- tionally defective because there is no authority and no precedent for the proposition that the jury may be denied to one who is accused of an offense which may be either a felony or a petty misdemeanor, as the district attorney decides. “Fifth. The violation of the prohibi- tion law is not a petty offense as the term is used in the statutes and de- cistons. It is not true that the measure of penalty alone determines whether on offense is petty or grave. “Sixth. Trial before a commissioner is, in fact, if not in legal fiction, a trial before a separate unordained court, in violation of article 3 of the Constitution and in violation of the law as inter- preted by the United States Supreme Court in Callan against Wilson. teria days,” where prohibition law vio- lators were tried wholesale to clear Federal court dockets, had impaired the dignity of the courts. He added that in consequence the people were losing uspectdlcr the courts and for l';h.:‘l law. nything th previously been approved by the States and the Federal Government, and added there were no constitutional reasons why the powers of the commissioners could not be broadened, Jury trials, he asserted, were for infamous crimes. Three Plans Considered, ‘When the commission began the study to relieve the Federal court con, ‘ he said, its members conside: three plans. One was to increase the num- ber of Federal jus , which, ex- lained, was undesirable because the judges would be appointed for life for a temporary situation. The second con- sidered the setting up of Federal police courts, which also was not desired for the same reason. The third, on which the commission g, 5 i e T 1R machinery already set up by giv commissioners authority to hold sum- mary trials of misdemeanor liquor cases. He asserted that the Constitution g;ovidzd that petty criminal cases could tried without a jury. The recom- mendation of the commission, he added, was not new. He then cited numerous cases in which it had been held that tty cases could be tried without a jury and an offender could waive jury trial if he desired. Federal Court congestion was not due alone to prohibition, but also to the Dyer automobile theft act and other laws, Pound said. The Federal Government, he added, in adopting the commissioner form of court, would follow State governments in disposing of petty cases. After a lengthy legal defense of the Enforcement Commission’s views, Pound said that the idea that commissioners be given additional powers was nothing new. He referred to a number of cases in which it had been held that it was constitutional for the commissioners to have the power the Christopherson bills would give them. Pound added that a fine of $500 and six months in jail was “pretty well within the limits of the de- fined petty officials. SPEEDER’S CAR CONTAINS LIQUOR, POLICE CHARGE |Story That Friend Let Him Drive Auto to Work Daily Fails to Go Over With Officer. Policeman J. E. Fondahl of the Traffic Bureau was stopped by a speeder with a_‘“fast” one this morning, but the officer didn't belleve the story and sald he later found 240 quarts of whisky in_the machine. Wishing bnly to warn the man, who was_traveling slightly above the speed limit on Bladensburg road, Fonda “Seventh. If the commissioner’s court | found that the driver, Stephen Cassassa, is not a court and the commissioner 15 not a judge, then the accused is de- prived ‘of his liberty by trial without court, judge or jury. That is not ‘due process of law' guaranteed by the Con- stitution. “Eighth. The power of the district attorney to reconvert the identical of- fense from a misdemeanor into a felony should the accused insist on trial by jury is a power dangerous in fact and reprehensible in principle. “Ninth. The commissioner is not an official of sufficient responsibility to be glven the power proposed in (his legis- a n. ‘enth. Violations of the prohibition law are peculiarly offenses which ought to be tried by a jury.. “So far the commission has appar- ently attempted to cure the difficulties of prohibition not by looking to the law itself, but by eliminating as far as pos- sible the human agencies necessary in the enforcement of the law. With all due respect, commission is on the wrong track. Report “Exceedingly Disappointing. Mr, President, I say the|porceq 2400 block of Fourteenth street, had neither registration card for the car nor an operator’s permit. “But_officer,” protested Cassassa, friend lent me the car to drive to work every morning from Laurel.” “Even your best friend wouldn't do that,” replied the officer musingly, “sup- pose you drive to No. 9. At police station, the man wiggled and squirmed while the clerk identified the ca . ‘Pssst, officer,” said Cassassa, “I've got_some liquor in that car. He was held for grand jury action at Police Court on charges of ting and possession by Judge John P. Mc- Mahon. Ay TEAM IS MUTILATED. VIENNA, Ill, February 6 (#).—John- son County luthnr'.l‘tlt::l are o lnv:sun a reported mutilation of a team = owned by John Orl(t’ farmer, residing near here, cutting out their tongues. One of the horses “The report that has thus far been | has died of starvation, and the other is submitted ‘;&; been exceedingly disap- | expected to die. pointing but as an incorrigible opti- mist, I am still hopeful.” he is understood to be drawing his re- Pound said that a serious condition | hension of Farmer of this region are talking of subscribi; a reward fund for appre- the torturer, while authori« tirement pay from the Army and his|existed in the Federal courts because | ties are searching for a possible motive. full pay as a member of the Public Utilities Commission, of_the congestion. ‘They suspect the deed was an act of He testified that “bargain or cafe- revenge. ¢ | the National Radio Forum, arra; RCA. TRUST PROBE BY U. . REVEALED ustice Department Seeks:ta ~ Find if Sherman Act Is Violated. 1 ] By the Associated Press. Information that the Justice Depart« ment is condueting an investigation to determine whether the Radio Core poration of America is violating the Sherman anti-trust act was read inta the record today at the Senate inter state comme;c‘; committee hearing on the Couzens L A letter from John Lord O'Brien, as- sistant to the Attorney General, which sald the inquiry centered on whether the corporation was exceeding its right under patents it holds was ordered placed in the record by Couzens. O'Brien wrote that the case was “one of the most complicated ever examined by the department,” and added that the work was being done by two of t| ablest men in the department's anti- trust division. ‘Witnesses before the committee have made frequent charges of a monopoly. Letter Answers Inquiry. O'Brian’s letter was in response to an inquiry that Senator Couzens had made of Attorney General Mitchell, ‘The letter said the Federal Tra Commission, after a five-year investi. gation beginning in 1924, dismissed the R. C. A. case “substantially on the ground that the commission was with- out jurisdiction to investigate violation of the Sherman anti-trust “In February, 1929 said O'Brian's , “the Federal Trade Commission transmitted to the Attorney General the record of its proceedings and the case was immediately assigned. Since li.st November, when “adeguate service” has been available, O'Brian te, “this investigation has remitting attention. “The R. C. A. still owns or controls about 3,500 patents,” O'Brian said. Case Presents Conflict. O'Brian wrote that the corporation claimed “that every act complained of was protected by the legal monopoly g;‘.nmg by the United States Patent ce. In this “important aspect,” he ex- plained, “the case presents a conflict between the anti-trust laws enacted to prevent monopoly and the type of monopoly created by the Government through the issue of patents.” The Assistant Attorney General wrote that “from the progress already made” it appeared the department could re- penh" ts attitude within three or four weel DR. WILBUR TO SPEAK IN FORUM TONIGHT Problems in Which Average Citizen Is Interested Will Be Discussed. Many of the Nation's activities and problems in which the average man or woman 1is most deeply interested come within the jurisdiction of the Dej ment of the Interior and some of will be discussed tonight by Dr. Ray Ly- man Wilbur, Secretary of the Interior, who will speak for the second time ll»n y The Evening Star and sponsored by the Columbia. Broade: sm, Bm ning at 10:30 o’ 8 interést s 18 taken i the pl;::hlumnneu ?‘hh wl"zhr, Wilbur, not only because of le experience, but because of his close axn association for many years with Presi- dent Hoover. .He has been an intimate friend of Mr. Hoover since the days When they were both undergraduates at Stanford University, in California. He is today one of the President's closest S ereiary Wibu is head { President ry Wilbur is of t Hoover’s Child Wi Co DETENTION HOUSE SITE IS CONSIDERED Fendall Building Believed Likely to Be Next Home of Institution. The Fendall Buil at_the south- east corner of John dh‘lnnlrsh.u place ul':l.‘d D street probably will be the next home of the House of Detention. While the selection had not been definitely made today, it is understood that this build- ing has received the most favorable egmldenuan from the committes “in charge. The question was brought up recBntl; at the hearing on the District lppm{ priations bill before the subcommittee of the House appropriations committee, why the District should continue to pay $11,000 a year rental for a building for the House of Detention when it s acquired $2,800,000 worth of property in the new Munitipal Center area. The Commissioners instructed a committee to find a new home within the Munic- ipal Center area for the House of De- tention when the lease of the pressnt location expires, June 30. This will be the third move by the House of Detention in recent months. ‘The committee in charge of the trans- fer consists of Assistant Engineer Cotn- missioner Lay: E. Atkins, Inspector Willlam H. Harrlson, Chief Clerk Harry M. Luckett of the police department, and E. P. Brooke, superintendent. of .the District Building. LONDON JOURNALIST TO GIVE ADDRESS Samuel Kerkham Ratcliffe,* London journalist, will discuss wor) as viewed from London 1y a :23:1.“,: at Central High School auditorium to- night at 8:15 o'clock, under auspices of the Community Institute. Mr. Ratcliffe has been editor of ‘th Echo, acting editor of the Statesman, Calcutta; of the Sociological Review, American representative of the Man- chester Guardian, Bromley Foundation lecturer at Yale and & member of the editorial staff of the Contemporary Review, Tickets for this evening's lecture are on sale at T. Arthur Smith's, the New Willard newsstand, A. A. A. head- quarters and Franklin Administration Building. Y CLERK SHORT-CHANGED. A young man employed an ancispt short-change trick on a clerk in Sears-Roebuck departm Bladensbus was the clerk victimized, She said the man asked for change, then chi.,rd his mind, and, er confusing * her, walked away with $10 of the store's money. i f -