Evening Star Newspaper, February 10, 1930, Page 2

X2 HEFLIN WILL RUN DESPITE PARTY BAN Senator Is Expected to An- nounce Candidacy at Ala- bama Meeting Tonight. BY G. GOULD LINCOLN. Senator Thomas J. Heflin of Alabama, anti-Smith Democrat who has been de- nied the right to run in the Democratic State primary by the State executive committee, will announce his candi- dacy for renomination for the Senate and state his plan of procedure at a meeting in Montgomery which he will « “dress tonight. Senator Heflin, according to his friends, will declare his intention of running in the Democratic. primary, which takes place next August, in spite of the edict of the State committee. He will urge his suporters to stamp or write his name on the ballots, and believes he will be able to carry the primary. It is reported that he has in contemplation & huge order for rubber stamps, carry- ing his name, to be used by voters when they go to the polls. Court Ruling Expected. There still is the chance that the Democratic State committee will in the end be compelled to place Heflin's name on the ballot, notwithstanding its action of several weeks ago in denying any one who opposed or voted against Al Smith, the Democratic candidate for President in 1928, the right to be a candidate in the Democratic State primary thi' year. Anti-Smith Democrats, however, will be permitted to vote in the primary. H. Bd Wilkinson of Birmingham, a lawyer an THE EVENING STAR, \’VASHING'i'ON. D. C, MONDAY, FEBRUARY 10, 19%0. PAINTING MRS. GANN’S PORTRAIT! Nicola Michailow, Bulgarian artist, der of the Anti-Smith Democrats, l‘!s‘tell'eek filed a suit contesting the right of the State executive ccmn;im to make such a ruling. x.enm{, osen‘ ruling also has been attacked by w5y ator Black of Alabama. If the cou ot uphold the contention of Wilkinson :Ined Black, the committee may be comp: o place Heflin's name on the ballot. a0 The report that Heflin would run the primary by having his name wfl:; ten or stamped on the ballot, again: the edict of the committee, has mused. some editorial opposition in Mlmedm' on the ground that such a proceeding would break down the party prlm;:y if permitted. Any other man or number of men might go into a party primary under such conditions, it is held. Senator Heflin, however, has been ad- vised by his friends to follow this course. They insist that he stands far more chance of winning under such cir- cumstances than if he attempts to ru]: as an independent, because the peop] of Alabama lred'“e&ded :fi;&e‘gfl:g- cratic party an lepent - ‘where 32 a general thing in Alabama. Will Abide by Primary Decision. 1t is understood that Heflin will an- nounce that he is willing to abide by the decision of the primary, provided all the votes cast for him are counted, even though his name is not placed on the ballot and the only method that the. people have of vot! for him is through stamping or writing in the name. tally, if the stamped votes are hlggtg;:nud, Senator Heflin will have a decided advantage in the campaign. ‘When he takes the stump under such conditions and points out to the voters how unfair an advantage is given his opponent or opponents by the State committee he is likely to gain sym- P Yinermore, If the eommittee agrees to count the Hefiin ballots on which his name is or written' it might ]&n as well agree to have him place his name on the ballot. ‘The only anfiounced De'::lzgr:&lc 5:1::‘- the Senate, ou - Sox " Fiefin . H. Bankhead, son of the late Senator Bankhead ana r of ntative William B. ‘1’3‘:)1:‘:1!!!"1 mfild entered the lists months ago, making his announcement long before the State committee ruled that Heflin's name should not go on the ballot and that he could not run in the I!)emocr‘ni%_ P for the cratic nomination. Delx;zo another Democrat should an- nounce himself and there be a three- cornered race, it is predicted Hefli would win hands down. However, if the State committee should find it pos- sible to_prevent the counting of ballots stamped for Heflin, Bankhead may have opposition for the nomination, it is said. ‘There has been some talf of Prederick 1. Thompson, former member of the United States Shipping Board and a mewspaper publisher, in this connection. A number of Thompson's friends have urged him to get into the race, believing he could defeat Bankhead. Discipline Attempt Criticized. The attempt to discipline Senator | 8! Heflin for his opposition to Al Smith in the last national campaign has aroused high feeling in Alabama, which was carried for Smith by only a small mar- . Thousands of Democrats voted against Smith and for Hoover in the 1928 election. The State committee has been criti- cized in many quarters for taking a course, by a narrow majority vote, ‘which might lead to further conflict in the Democratic party. The State committee comes up for re-election in the same primary elec- tion in which a Senator is to be nomi- nated. Reports are that many of the old committee members will be de- Zeated. Aid Offered Admiral Byrd. OSLO, February 10 (#).—The whaling company Rosshaved today ex] its willingness to try to relieve Rear Admiral Byrd in the Antarctic pro- vided it was guaranteed against eco- ‘nomic loss. The managing director #aid, however, no whaler would be sent 'to the pack ice until a report is re- ceived from the expedition’s own ves- sel. the City of New York. 3 ‘Janunry Circulation. Daily...111,036 Sunday, 115,818 District of Columbia. ss.: FLEMING NEWBOLD. Business Manager of THE EVENING AND SUNDAY STAR. does solemnly swear that the actual number of copies of the tributed during ¢ 1930, was as follo e ‘month of January, A.D. wst Days. Copies SREEESonanaw Less adjustments.. Total daily net eirculation . . Average daily net paid circulation. Daily average number of copies for Daily average net circulation. SUNDAY. Copies. Da: 116,001 . 116,849 Days. 5 . Less adjustments. Total Sunday net circulation.. Average net’ paid Sunday circila- o0 598 115,818 L.D. a | Stone, associate justice of the United aper named sold and dis- | Hotel Mayflower. just completed a portrait of Mrs. Charles and within a few days expects to com) which he is now working. rtrait of Mrs. Dolly Gann, sister of Vice President Curtis, in his studi Fo a lny addition to the portrait of Mrs. Gann, Mr. Michailow has placing the finishing touches upon the at the George, daughter of the Vice President, plete the portrait of Mr. Curtis, upon HOOVER CASTS BAIT FOR GULF SAILFISH President Is Out in Small Boat Two Hours After Arriving at Long Key. BY J. RUSSELL YOUNG, Staft Correspondent of The Star. LONG KEY, Fla., February 10.—With all the cares and problems of his high office removed from his mind, President Hoover today is enjoying himself fishing for sailfish in the gulf stream of the Atlantic Ocean. For a long time he has been looking forward to this moment, and when it finally arrived this morning, the Presi- dent’s face was beaming and his spirits were high. So great was his eagerness to get to fishing that within less than two hours after his arrival at this pic- turesque key, about half way between Miami and Key West, he was sitting 1n the stern of a small fishing boat wield- ing his rod and reer. Stone Fishes With Him. Besides the President in the stern, as his fishing partner, is seated Harlan F. States Supreme Court, who has been his companion on similar expeditions on numerous occasions in the past. Mark Sullivan, newspaper and maga- zine writer of Washington and New York, and Dr. Vernon Kellogg of the National Research Council in Washing- ton, also old fishing mates of the Presi- ent, who came with the party to Flor- , are fishing from another boat nearby. These boats are so arranged that only two persons may fish at the same time. Capt. Allen Buchanan, chief naval aide to the President, who was invited by the President at the last moment to join his vacation party, principally to advise him regarding the messages from the London Naval Conference, which are expected daily, did not join the fishermen today, He remained on shore. ‘Women Stay on Boat. Mrs. Hoover and the other women ests in the party, Mrs. Stone, Mrs. Sullivan and Mrs. Richey, are enjoying themselves aboard the house boat “Saun- terer,” which has been chartered by the President from his old friend, Jeremiah Millbank, for this vacation, while the “boys” are out fishing. ‘There are all kinds of game fish in these waters, but the sailfish, which the President seeks to catch, is looked upon as the gamest of all, and no one, no ‘matter how many years of fishing he may have to his credit, is not looked upon as a finished gulf stream fisherman un- til he has landed one of these fighting monsters. They average in size from 6 to 8 feet and from 50 to 80 pounds in weight. ‘When the President left the house- boat and started for the fishing grounds the skies had been overcast all morn- ing. A few moments after the small craft headed for the fishing grounds a light rain commenced falling. There was a strong wind blowing, but no in- dications of stormy weather. After an uneventful journey from ‘Washington the presidential party ar- rived here shortly after 6 o'clock this morning. A small group of sportsmen who are down here for a spell of fish- ing were on hand to greet these dis- tinguished visitors. ‘There was no cheering, but there was every evidence of the pleasure of the party of sports- men at the arrival of the President and his party. Neither the President nor Mrs. Hoover seemed tired after the long train trip, but both appeared glad to_be at their destination. Without any ceremony the little party headed for the houseboats moored to the dock on the Gulf side of the key, less than a quarter of a mile away. ). E. W. Starling, as- sistant chief of the White House Secret Service, who came here several days 8go to arrange the details of the fish- ing trip, walked beside thé President and quickly outlined to him all that had been done in the way of arrange- ments. Fish Stories, Etec. Incidentally, he mentioned somethin about some fishing he did yesterday, lng as the colonel's arms stretched to illus- | trate the size of a certain fish he was telling about, the President turned to the newspaper correspondents at his heels and winked, and then turned back to the colonel with the remark: “I guess I will have to take your word for it.’ The walk to the dock was an attractive one, Along the way Mr. and Mrs. Mill- bank greeted the g‘rty. The President shook hands with Capt. Brown, the skipper of the houseboat, as the former started up the gangplank. When the deck was reached, the President and Mrs. Hoover paused long enough for the newspaper photographers and News Reel men to get pictures. ‘The other boats in the little flotilla are the Kilkenny and the Dixie of the Department of Commerce, and the Tara- gat of the Court Guard. The Kllkennf', over 60 feet in length, made the trip down here from Chesapeake Bay after “Average SBunday net eirculation.... —— FLEMING NEWBO! iness Manage 4, Bubscribed and sworn to before me this 8tb eay'of Fe ! lseals 5 ) a mu&: and stormy voyage along the Atlantic coast. boats soon were under way Saunterer, in the lead, steamed off from the dock the presidential flag, with the eagle and four stars, was hoisted atop the main mast. The Saunterer is 98 feet long. with a beam of 30 feet with a small draft. Although the Saunterer will move about from one spot to another in the waters along the keys, according to the various fishing spots the President visits, it will return each evening to a sheltering cove in Snake Creek, the small stretch of water which connects the gulf and the ocean between Mata- cumbe Key and Long Key. Long Key is about 50 acres in size. The permanent population consists of half a dozen men and their families, who serve as caretakers for the lodge and other buildings used by the fish- ing colony during the Winter season. Only once as the train sped along yesterday did the President get off for exercise at any of the stops. This was at Jacksonville. He had not gone ar on this walk when he was greeted by Gilchrist Stockton, banker, whom he recently appointed Minister to Austria. The latter joined the Presi- dent in his stroll and they conversed several minutes as they walked. Mr. Hoover took advantage of the ride yesterday to rest. He spent the greater part of the afternoon dozing in a large armchair in the lounge room of his private car. Mrs. Hoover, how- ever, never failed to take advantage of the regular train stops to get out and stroll up and down. She was ac- companied always by Mrs. Sullivan and Mrs. Stone. TAXI LIABILITY INJUNCTION 1SSUED Utilities Commission Loses Fight as Court Grants Temporary Writ. ‘The Public Utilities Commission to- day lost its motion to dismiss a suit for an injunction brought against the commission by F. B. Smith, a taxicab driver, to prevent the putting into execution of the recent order of the commission requiring taxicab drivers to furnish security to indemnify patrons or pedestrians injured through the operation of a cab and requiring cer- tain specified equipment. Justice Alfred A. Wheat directed the issuance of a temporary injunction on the authority of Bell vs. Harlan (57 Ap- peals, 255), in which that court held that Harlan's business was not a public utility and passed on the question of the power of the commission to make the order requiring security bonds at that time. “Four years ago, the commission, un- der this same statute,” says Justice Wheat, “made an order essentially the same as this one which was heid by this court to be vold as beyond the statutory powers of the commission, and. while the Court of Appeals in pass- ing upon the question affirmed the judg- ment of this court upon but one of the grounds urged in that case, it did not in its opinion say anything to impair the authority of Justice Smith's opin- ion (District Supreme Court) upon the other question which would indicate disapproval or doubt respecting his rea- soning or conclusions. Since then, so far as I am advised, no further attempt has been made to put that order into effect. “It is plain that the challenged sec- tion of the order is void under the deci- sion of this court in Harlin vs. Bell and upon principle the enforcement of the order should be enjoined until a higher court has held otherwise, or Congress has enacted further legisla- tion, Unless I had a far deeper con- viction that that decision was wrong than I find myself ble to entertain, I would not be justified in denying the motion for an injunction, the effect of which would be to allow the order to become operative before the Court of Appeals has passed upon.the question. LESH WILL MAKE PLEA FOR REPRESENTATION Paul E. Lesh, chairman of the speak- ers’ committee of the Citizens’ Joint Committee on National Representation for the District of Columbia, will sub- stitute as speaker for Thomas P. Little- page at the luncheon of the Washing- ton Exchange Club at the Carlton Hotel on Wednesday. Mr. Lesh will speak on national representation for the District of Columbia. An important business engagement has necessitated the absence of Mr. Littlepage from the city at that time. SMALLWOOD .RITES HELD. Funeral services for Mrs. Della Graeme Smallwood, founder and head of the former Washington Seminary, finishing school for girls, who died at her home, 3702 Ingomar street, Fri- day night, were conducted at the resi- dence this afternoon at 2 o'clock. Dr. H. H. D. Sterrett of All Souls' Episco- pal Church officiated. Interment was in_Glenwood Cemetery. She was past vice president general of the National Society, Daughters of the American Revolution, and also past State regent of the Daughters of after the President’s arrival, and as the the American Revolution of the Dis- trict of Columbia, FARM GROUPS ADD PROTEST ON TARIFF Leading National Organiza- tions Charge Senate Is For- getting Promised Goal. By the Associated Press. ! Agriculture has joined hands with {labor in opposing the t.riff bill as re- | | written by the Senate. I | An open letter from representatives | of seven of the leading farm organiza- | tions of the country was in the hands | | of members of the Senate today, charg- | | ing them with forgetting the “objective {for which tariff readjustment was | begun.” ' Only a few days ago a similar open | letter came from the tariff group of the | American Federation of Labor, arguing | that the slashes that the Senate was | making in the rates on manufacturcd articles threatenec the well-being ot working men in a group of industries. The letter from the farm organiza- tions said that the objective for which tariff adjustment v:as begun appears to have been forgotte: “This forgetfulness,” the communica- tion added, “was illustrated by the de- feat of the rates which were requested by a combined agriculture on sugar, blackstrap molasses, casein, hides and the fats and olls.” Increases Denied. The tariff bill as it now stands in the Senate does not grant increases on sugar, blackstrap and fats and olls, and while slightly raising the tariff on casein does not give the full duty sought. Hides were left on the free list. In addition to these, the letter said there wert “many items of an agricul- tural nature on which duties were given which will not respond to tariff in- fluence.” 1t explained that these were those products which are grown in such quantities as to provide an export- able surplus. i Ask Conciliatory Spirit. The communication concluded with a request that the Senators “who have not yet been able to see the wisdom of a tariff policy that will protect agricul- ture” give to the problem more study “and a spirit of conciliation.” The seven organizations whose offi- cials signed the letter were the American Farm Bureau Federation, the Farmers' Educational and Co-operative Union of America, the National Co-operative Milk Producers' Federation, the American Cotton Growers’ Exchange, the National Live Stock Producers’ Association, the American National Live Stock Associa- tion and the Central (Live Stock) Co- operative Association of St. Paul. PRIVATE BUILDING GAIN IN 1930 DUE, OEHMANN REPORTS | (Continued From Pirst Page.) supply at this time, but thought it not serious in view of the growth of the city, he told The Star. Col. Oehmann's statement to Maj. Davison was in part as follows: “In reference to various newspaper articles describing labor and building operation conditions within the District of Columbia, and believing that erro- neous interpretations may lead to a false conclusion with reference to our proposed reorganization plans, I re- specttully submit for your consideraticn the attached building survey made by 8. W, Straus & Co., a leading authority on building and sponsor for most of the large enterprises in that field, “Your attention is particularly invited to the fact that Washington stands sixth of all cities of the United States in building volume, and this does not include municipal or Federal improve- ment (school houses, city halls, fire houses, etc.), as many of the other citles do. “Personally T do not believe the city is overbullt. " There are, however, a lot of out-of-date buildings that should, and would, be remodeled or removed for better structures, but owing to lack of money due to the recent upset in the stock market, these must be held over, The present operators have either to re- cuperate their resources or give way to another generation of builders, The op- portunity is still at hand, and, I believe, greater opportunity than ever. The Federal building program will most cer- tainly necessitate much rebuilding and new structures and a complete read- Justment of the business area and con- iguous residence districts. “Our total for this month is over $4,000,000, which presages a very good yearly average. December was ex- tremely low, but, of course, the effect of the stock market was most markedly reflected at that time. “Certainly the amount of building operations in this city compares most favorably with our largest centers of Ppopulation and I, for one, cannot see any material decline. ‘It is my estimate that the private building program for the coming year will approximate $45,000,000 and that this will represent the average for the two years following.” 1 DRY LAXITY CHARGED TO PROSECUTOR BY WOMAN REPORTER (Continued From Pirst Page.) notorious bootlegger, after he was con- victed in Cincinnati, the witness told of indictments that “lay dormant” for years, of “nolle prossing of cases,” and “of failure to convict after charges were broMuar;tc'g trial.” enoweth said her statements were based entirely upon her investiga- ton of Federal Courts and other un- questionable sources. She herself, she added, did “not drink,” nor “buy liquor,” nor “go to roadhouses.” Her testimony drew frequent com- ments from the committee. When she asserted that as a citizen she demanded quick prosecution, Borah remarked this “seems reasonable.” When she sug- gested an inquiry into the source of the “moonshine” that was flooding Southern Ohio,” the Senator commentea, ql};‘;‘;':' would be an interesting in- The Remus case she described as happening while Remus was “walking around under bond.” She sald that whisky diverted from a Kentucky distillery was “bought” by one of Remus’ henchmen and that evi- dence was secured against Remus' chauffeur and against Buck Brady. But the only indictment returned, she sald, was one naming Brady for transportation. This case, Miss Cheno- weth sald, “lay dormant on the docket” from 1922 until 1928. Charging repeated instances of nolle prossing and failure to carry through prosecutions, Miss Chenoweth said a district attorney of Southern Ohio supervised a raid on a still at Newport, Ky., which she said was so bg it “re- quired dynamite to destroy it. After the raid Miss Chenoweth said the bootlegger was prosecuted in Ohio, and sent to the penitentiary. Informa- tion regarding the case, she asserted, was in the possession of two prohibition agents in Smith's Kentucky district, and they failed to take any action. Two Killed in Air Crash. MARDEN, Kent, England, February 10 (#).—Two persons were killed near here today when a Goliath passenger airplane which left Paris at 10:40 a.m. came down and caught fire, WILL EXPLORE CAVERNS OF CARLSBAD / ¢ Ernest Nicholson, Mrs. M. W. De Eric Plamer, jr.; E. J. Roberts and Floyd Ard. This party of explorers passed through Washington yesterday en route to New hitherto unknown depths of the famous Carlsbad Cavern. £ Mexico, where they will explore In the photo, front row, left to right: Ernesto Villareal, Frank Villareal and Douglas Oliver. Back row, left to right: Tom Davin, Capt. Mount Robb, —Star Staff Photo. NORMAL BUSINESS VIEWED BY LAMONT Unemployment Situation Is Held Favorable, Due to Seasonal Factors. By the Associated Press. An approximately normal level in the production and distribution of commod- ities in the United States for this sea- son was announced today by Secretary Lamont after a study of business sur- vey data received at the Department of Commerce. He asserted also a conviction that the unemployment situation was more fa- vorable than might have been expected, in view of the stock market slump last Fall. “It is to be remembered that Janu- ary and February represent rather low point periods in the calendar schedule of American business,” Secretary La- mont sald. “They are stock-taking periods for most large corporations and are not the months in which enterprises usually are extended. “However, we are having pretty good reports from non:tuructloné ?g:l en-::me enerally, and re Ar ;‘):gg:g:lo‘%: azsummzythn this is about the normal year. “One of the difficulties in the way of general realization of that fact is that our statistics as to business now com- ing out have to be compared with 1929 conditions, and it is obvious that 1929 presented the picture of abnor- mally stimulated industry in almost every line.” HURLEY INDORSES HOOVER ACTION IN SELECTING CROSBY (Continued From First_Page.) the commissionership is regarded as a technicality. Murphy again pointed out that the opposition to Gen. Crosby is not per- sonal and centers solely on the prin- ciples involved in the appointment of an Army officer in violation of the organic law. “I don't like fighting the President,” he said, “but I feel that it must be done in this case.” Murphy definitely fixed the time of the conference for 4 o'clock Wednesday afternoon. While he called it “to dis- cuss the appointment of a military man as Commissioner,” he said it was his idea to co-operate with the heads of all other interested organizations in lay- ing the foundation for a concerted, city- wide protest against Gen. Crosby's ap- intment. paLeadem of the organizations invited to participate in the conference, how- ever, have not indicated their views, although the Chamber of Commerce, like the Board of Trade, has already registered a complaint with the Presi- dent over the selection of Gen. Crosby. Neither the Federation of Citizens' As- sociations nor the Central Labor Union has met since the White House an- nounced that Gen. Crosby would be named a Commissioner upon his re- tirement from the Army March 21, and their position is unknown. The federa- tion has gone on record opposing the Jones bill, which would liberalize the residential qualifications of a Commis- sioner, d according to President Hav- enner, it probably will consider Gen. Crosby's selection as Commissioner at its meeting Saturday night. The labor union does not meet until next Mon- day. The contention that the retirement of Gen, Crosby will not give him a civilian status and make him eligible under the organic law to serve as a civillan Commissioner, is given support in an article in the current issue of the Army and Navy Register which found its way today into the ranks of the trade organizations. The article cites extracts from laws on the subject, Crosby becames a civilian upon retire- Crosgy becomes a civilian upon retire- ment is ‘“entirely untenable and the courts have so held.” Provisions of Law Cited. ‘The article follows, in part: “The law requires that two of the three Commissioners shall be civilians. Col. Willlam B. Ladue, C. E, is the present Engineer Commissioner. ‘The question rests on whether Gen. Crosby becomes a_‘civilian’ upon retirement. President Hoover is sald to have an opinion from the United States At- torney General in the affirmative. How- ever, this is entirely untenable, and the courts have so held. It is plainly ap- parent by reading the following extracts from the laws on that subject: “The national defense act of June 4, 1920, specifically provides in section 2, dealing with the ‘composition of the that it shall include, among ‘the officers and enlisted men of the retired list.’” “It also provides that ‘in time of war retired officers may be employed on active duty in the discrimination of the President.’ “The act of April 23, 1904, provides that ‘the Secretary of War may assign retired officers to active duty, with their consent.’ “The Revised Statutes (1256) pro- vide that ‘officers retired from active service shall be entitled to wear the uniform of the rank on which they are retired. They shall continue to borne on the Army Register and shall be subject to the rules and articles of war and to trial by general court-mar- tial for any breach thereof,’” Pete Donohue Marries. CINCINNATI, February 10 (#).—Pete Donohue, 20, Fort Worth, Tex., Cin- cinnati National League pitcher, was married here Miss Frances Meyers, 26, ) Ky, LIEUT. ROUNDS TO TALK. Commercial Flight Test of Air- planes to Be Described Tomorrow. The commercial flight testing of air- planes will be described by Lieut. Ed- ward S. Rounds, Naval Reserve, of the flight test section, Navy Bureau of Aeronautics, in an adress before the Standard Flying Club at 8 p.m. tomor- row in the east lecture room of the east building, Bureau of Standards, Connecticut avenue and Van Ness street. The public is invited. Lieut. Rounds has been a flight test pllot at the Anacostia Naval Air Sta- tion for the past 10 years, and is re- garded as one of the country’s fore- most test pilots. SENATE COMMITTEE 0. K.’S NOMINATION OF CHARLES E. HUGHES (Continued From First Page.) posed confirmation of Mr. Hughes' ap- pointment _because he believed that Judicial office is “presumed to be non- Ppolitical office.” “I think it a very unwise policy,” con- tinu.d Senator Blaine, “for a judge to face the temptation of resolving an opin- ion on legal questions with a political viewpoint. The fact that Mr. Hughes was on the bench and resigned to be- come a candidate for political office is contrary to a fundamental belief of mine that the judiciary should be sep- arate entirely from politics.” Senator Blaine said that when the nomination comes up on the floor of the Senate, he will make a statement in regard to Mr. Hughes' appointment. He sald he expected that the nomin- ation would be confirmed by the Senate. Opposed by Doherty. The Senate committee had before it @ letter written by Henry L. Doherty, millionaire oil man of New York and head of the Cities Service Corporation, opposing the confirmation of Mr. Hughes. Mr. Doherty charged that a small coterie of influential men are plotting to take over all branches of the Government and that the appointment of Mr. Hughes to be Chief Justice is art of the alleged conspiracy. The tter was made public after the com- mittee meeting today. In his letter Mr. Doherty said: “1I feel that no justice of the Supreme Court should resign to run for political office, nor should he capitalize into wealth the prestige and influence ac- quired by the honor done-him by his appointment, and if he does do this, he should neither expect nor receive ap- pointment and certainly no advance ment to the position of Chief Justice.” Charges Political Move. Mr. Doherty also said that he had heard rumors that the resignation of Justice Taft was ‘“procured peculiar circumstances.” He that tné ciange in the office of Chief Justice was made “with unsee: ly haste.” He contended that the pointment was made for political rather than meritorious reasons. “There are rumors afloat,” he continued, “that a huge and uncontrollable political ma- chine has been, or is being, built up, Wwhereby the governmental control of this Nation will be lodged in the hands of a few men, and with the confirma- tion of Justice Hughes, this control will not only embrace each of the three co- ordinated branches of the Federal Gov- ernment but will extend as far as pos- sible to the control of the separate States.” Mr. Doherty demanded that the Sen- ate investigate these rumors. Mr. Do- herty declared that Mr. Hughes had been hired by directors of the Petroleum Institute “because of his influence over President Coolidge and Secretary Hoover.” In this case, Mr. Doherty said, Mr. Hughes took the position that the Federal Government no _constitu- tional right to prevent waste of oil. Mr. Doherty also said that he had been informed in the last 20 days that the President plans to appoint five ol men the oil conservation board in place of cobinet members now holding those po= sitions. Mr. Doherty said that he was prepared to back up what he said. Pointing out that three other members of the Supreme Court have reached the retirement age, Mr. Doherty said that President Hoover during his administra- tion probably will have to appoint & majority of the Supreme Court. Three other members of the court, he said, would reach the retirement age before tthe expiration of President Hoover's erm, Fears Monopoly Ruling, “We will be fortunate” said Mr. Doherty, “if we do not wake up to find that the Supreme Court has handed down opinions which will give a monop- oly in perpetuity to some one corpo: tion or to corporations representing a | minority of the people.” After questioning the influence be- hind_the appointment of Mr. Hughes, Mr. Doherty said: “I am fearful of the influence which may govern Mr. Hughes and I especlally fear what may result from his own self-assurance.” “I have heard that this appointment of Mr. Hughes is only the first dis- closure in a series of political maneuvers which is probably aimed to give politi- cal control of the entire country to a small group of men, and it is common report that already the President's re- porters are at work to make Mr. Hughes, jr, the Governor of New York,” said Mr. Doherty. ‘“Perhaps the extent of the dreams and plans for the politi~ cal control of the country are known only to the President himself or his political managers, and I do not see how the situation can fail to alarm every thoughtful citizen. If the high- est offices in the land are to be dis- tributed as personal favors, or to build up an unbreakable political machine, we will drag national politics to the level of ward politics, which has at times characterized some of the worst conditions that have prevailed in some of our industrial cities. Any attempt to elevate whole families to positions of public control should be resisted by every one who wants to perpetuate a republican form of government.” — AT:_!.“S“!A’:. of New !ollthl W‘;l-, l:: ust operating & coal mine w volunteer labor %uz the shortage caused by the strike U. S. SCIENTISTS RISK LIVES IN HUNT FOR PSITTACOSIS AGENT (Continued From First micron, or & thousandth of a milli- meter, in diameter—small enough to escape between the particles of an earthenware tube. Yet this is reason to believe it is alive. One of the filter- able viruses, similar almost infinitely minute forms of life, are believed re- sponsible for measles, small pox, in- fantile paralysis and such animal dis- eases as pleural pneumonia in cattle— never has been seen under the highest powered microscopes, although some of these show particles of less than a micron diameter. Some recent nvesti- gators, it was explained by Dr. George ‘W. McCoy, director of the hygienic lab- oratory, have claimed to have seen un- der high-powered microscopes move- ments in liquid which they believed due to the motions of the minute lving things, but this is debatable. Those that have been found act as if they were alive. They are believed to be, Dr. McCoy said, extremely minute types of bacteria, probably less than single cells. They are placed in the plant rather than the animal king- dom. Compared with them known, single- celled bacteria are gigantic creatures. When obtaining filterable viruses, it was explained, the bacteriologist is go- ing far into the area between the or- ganic and the inorganic, or the living and the dead. “Bacteria Lice” Found. Only one step further ever has been taken, Dr. McCoy explained, and this is highly debatable. Something has been reported obtained through filters which preys upon bacteria much as the bacteria themselves prey upon larger forms of life. This is the bacteriaphage, sometimes known as “bacteria lice,” which causes great epidemics among the bacteria themselves. It has not been definitely determined whether it is alive or a chemical ferment, perhaps a chemical compound similar to that from which life itself arose in the be- ginning. Some of this bacteriaphage has been obtained from sewers at the H’;rl:m‘c Laboratory in the past. e parrot fever investigation, it was explained, is following three lines, none of which has yet yielded any success. First, the strain itself, whatever its nature, is being kept alive by transfer from parrot to parrot. It was while handling these birds that Anderson contracted the fatal malady. It has been possible to pass along some form of sickness, but whether it is psittacosis is not certainly known. A Secondly, the bacteriologists are searching for a bacterium, a unicellu~ lar plant organism, simflar to the various para-typhoid organisms. Such an organism, it is claimed, was isolated in Prance about 40 years ago when the first outbreak took place. The Hy- glenic Laboratory workers have been unable to find it. Attempt to Obtain Virus. The third line of research is to ob- tain, if possible, a filterable virus, This also has failed to date. A blood preparation of an infected bird is placed in the sealed porcelain tube, which is inserted in an air-tight glass flask which has been rendered strictly sterile. Gradually some of the liquid seeps through. Then a culture is made of it. If it grows in culture the experiment has been worthless be- cause a filterable virus will grow only in an animal body. It means that some impurity has crept in. The next step is to inoculate other parrots and see if the disease appears, The location of the organism, it was pointed out, is practically nece: ry for quick diagnosis of the malady and for working out a specific against it. At Ereunt medical science is practically elpless against psittacosis, aj parently a strange combination of the diagnostic ;‘uczures of lobar pneumonia and typhoid ever, The only hope thus far lies in a serum which has been prepared by the Balti- more City Health Department from the blood of persons convalescent from psittacosis in Maryland. Such serums have proved beneficial in other diseases which are known to be due to filterable viruses. They rest on the theory that when such an organism in- vades the body, somewhere in the SyS~ tem multitudes of antibodies or hostile organisms are formed which are poured into the blood stream to attack the invaders. When these become numer- ous enough to repel the invading or- ganisms, the patient begins to recover. Now if they already have been formed in the blood of one person, they can be transferred to the blood of another Who has contracted the disease or been exposed to it and perform the same function. Such convalescent serums have vaed especially beneficial in cases of infantile paralysis. So far as parrot fever is concerned, however, the use is entirely theoretical. Well Aware of Danger, Physiclans and bacteriologists at the Hyglenic Laboratory are not minimiz- ing these days the importance of the obscure malady which made its first ap- pearance in Annapolis about a month 2go, and which since has broken out in scattered areas, causing the death of 16 persons and the serious illness of many more. They know they are taking their own_lives in’ their hands when they h?:ll':fl:h'm ll!ck birds and ex‘perlment Wi e various organisms found in the blood. Commenting on the death of Har- rison, one of the country's leading bac- teriologists, who has spent the better art of his life fighting mysterious and atal diseases, said: “It was a terrible thing to have hap- pen. When we first began work with psittacosis we had no reason to believe that it was any more dangerous than anything else. But now we know it is about as dangerous a thing as there is.” Armstrong's condition is being ‘watched carefully from hour to hour at the Naval Hospital, while his associates, a few yards away, are taking more risks. He complained Saturday of a sore throat and of feeling generally ll. Or- dinarily his condition might have been CARLSBAD CAVERNS EXPLORERS DEPARY Expedition to Seek Secret§” of “Largest Cave in the World.” ipped to plunge into unexplored of Carlsbad Cavern, New Mexico, » largest cave in the world,” which is now operated as a national monu- ment by the United States National Park Service, a party of 10 persons, head- led by Frank Ernest Nicholson, received their official send-off from New Mexico’ | delegation in Congress yester and this morning left by motor caravan to ! pick up additional members of the | party, and more equipment en route to { the Southwest. | The official greetings of the State of | New Mexico were extended yesterday at the Capitol, where Mr. Nicholson and his party were met by Senator Sam G. Bratton, Senator Bronson Cutting and Representative Albert Gallatin Simms. The Governor of New Mexico, R. C, Dillon, has wired the party his welcome, and says he will personally greet them at Carlsbad. Ranger Will Go Along. A Government forest ranger will ac~ company the exploring party, it was said by Arthur E. Demaray, assistant director of the National Park Service, and it is likely, he predicted, that the party may find something new, of “un- usual interest.” The caverns have not yet been fully traced out to their ends, according to Mr, Demaray, and it is the intention of the Nicholson party to plunge into portions not yet opened. The National Geographic Society sev- eral years ago sent a party into the place and made a comprehensive sur- vey and exploration, under the leader~ ship of the late Dr. Willis T. Lee. results of this survey were published, The Nicholson party is taking along equipment to enable it to penetrate the cave and live there while making ex- plorations. They will set up an outer base at the mouth of the cave, where will be established supplies and the short-wave radio transmitter, by which communications will be established with New York headquarters of the expedition. Rubber inflatable boats, for use in case an underground river Is found, and beds to be inflated are part of the equipment. Perhaps the most singular feature will be a capiive balloon, which is to be sent from Ak- ron, Ohlo. to be used in surveying the ceiling of the largest room in the caverns. This balloon is expected to make the first balloon ascension ever made underground. Telephone equipment will run from the short-wave station to the party at the spearhead of the exploration. Mr, Nicholson will wear a headset for tele- Phonic communication with his con- trol party, the wires of which will also be a guide to enable them to find him and for him to find his way back from any labyrinthian maze. Mr. Nicholson is prepared to discover almost anything in the untouched por- tions of the cavern. He believes the chances are “2 to 1" that he will find 8 subterranean river, but he will also be on the watch for another entrance to the cave. Specimens of blind as phibians, sightless salamanders and other animals found in many under- ground caves will also be sought, and the party wilt look for valuable deposits of bat guano. Boy Scout Picked Up Here, The party of nine persons arrived here early yesterday morning after riving from New York, overnight. They picked up here another member of the rty, one of the world’s most famous y Scouts, Douglas Oliver, of Atlanta, Ga., who recently made the trip with Mr. and Mrs. Martin Johnson to Africa. Besides the leader, Nicholson, and the Boy Scout picked up here, the party consists of Geron Lynn, geologist: Tom ?;vclrln bgf&he Nera Ygrk Times, who will T e explorations for the T: The Washington_Star e s’ clated papers; Edward J. Roberts, in charge of equipment; Eric Palmer, jr., adio operator; Ernesto Villeral and Charles J. Belden, Pphotographers: Mme. Mally Wild de ' Villeral, mother of Ernesto Villeral, and world wanderer and writer; Capt. Mount Robb, aviator, who will handle the captive balloon. The party left here in two auto- mobiles and a motor truck, over the National road, planning to stop at Columbus, Ohio; Indianapolis, St. Louis, Oklahoma City, Wichita Falls, Texas and Roswell, New Mexico, arriving at Carlsbad next Monday. At Wichita ;lol‘l:.rl;)ecnl;ll;y will be joined by Dr, Tubbs. mineralogist, an o C. E. Bailey, physician, o gt GRAND JURY’S VALIDITY CONTESTED BY NOBLES Sculptor and Wife, Indicted on Blackmail Charge, File Plea in Abatement, W. Clark Noble, local sculptor, and his wife, Emilie B, Noble, recently in- dicted with three others on a charge of conspiracy to blackmail Capt. and Mrs. C. C. Calhoun in connection with the conduct of the Woman's Universal Al- &f.'x’ff.{f}"gy; fuc&l jolllr(‘ill Plea in abate- cking the validity o - ent grand jury. i The new indictment was made nec- Stephen Armstrong, father he other accused persons, d the former indictment be- cause it was returned by a grand Jury on which sat a woman who was re- ceiving a Government pension, Through Attorney Richard L. Mer- rick the accused take exception to the methods of drawing jurors and to an alleged conference between Justice Peyton Gordon and one of the assiste ant United States attorneys in the course of the examination of the pro- spective grand jurors, the presence of @ bailiff in the grand jury room and other points, pending in a similar plea in abatement now under consideration by Justice Gordon are set forth in the new plea. u dept] Great Hole Found in Ship. HAMBURG, Germany, February 10 (@).—Examination today showed that the liner, President Roosevelt, has a hole 10 feet by about 7 in fits rort, side near the stern above the water ine as a consequence of its collision here Saturday with the Greek steamer Philotis. The bow of the Philotis was stove in as far as the forecastle, doubt, it was stated at the Hygienic Laboratory this morning, that t¥l‘e or- ganism is transferred directly from par- rots to human beings. Thus far at- tempts to transfer it from parrots to other birds, notably pigeons, have been unsuccessful here, although success has been reported in other laboratories, There now n{) ars to be good evi- dence, it was said, that it can be trans- ferred from person to person, although apparently not easily. Just t hap- pens is difficult to determine, fairly clear, it was said, that the or- ganism is so hardy that it can live out- side the bloodstream in the feathers, the mouth and the nose of an infected bird, and thus passed on to any one who comes in contact with it For the present, the staff of the hygienic laboratory is restricted to fol- lowing out every possible line of re- diagnosed as a bad cold, but no chances are being taken, and his associates are frankly worried. One of the great dif- flculties in dealing with parrot fever is l.n'me §u!-,h?n: :here lubx:n clea. cut signs by which it may be distin- guished at the start. There is no longer any reasom to search and hoping for the best. They are working in the dark. They eannot find the organism they expected to find. Lots of organisms are found in the infected birds, but they must Rve any specifc Teiation Jo o ve any This is slow work.