Evening Star Newspaper, August 10, 1930, Page 2

MILITIA PATROLS MARION STREETS Officials Anticipate Crisis in Tenseness Following Dou- ble Lynching. By the Associsted Press. © MARION, Ind., August 9.—Anticipat- ing a crisis in the tenseness that has gripped Marion since Thursday night, when a frenzied mob avenged the mur- der of a white youth and a criminal sseault upon his fiancee by lynching two Negroes on the lawn of the Grant County Court House, State Militiamen patroled the streets tonight with loaded rifies and fixed bayonets. Meanwhile a board of inquiry, com- posed of State and county officials, had taken steps to prosecute and_ convict those responsible for the dual hanging. The officials met this morning and pre- pared to bring prosecutions under In- diana’s law, which provides the death penalty for any one convicted of having taken an active part in a lynching. Board of Inquiry Formed. % The board of inquiry, which was formed today following several confer- ences yesterday, is composed of Farl Stroup_ and Merl M. Wall, deputy at- forneys general; Prosecutor Harley F. Hardin of Grant County, Sheriffl Jacob Campbell and Police Chief Lewis Lin- dermuth. Four witnesses were heard by the hoard today and the officials inspected the county jail where che mcb demol- ished heavily barred doors and tore Iocks from the wails in order to gain entrance. Reports that the bodies of Thcmas Shipp and Abe Smith, 19-year-old Negro youths, who were the victims of the lynching, would be brought back from Muncle tonight, contribuied to some tenseness as the usual Saturday night crowds gathered. The bodies were taken to Muncie the morning after the hanging and were the cause &f some demonstrations in ti city Inst night and officials feared an out- break might occur there. Doubt of Convictions. Stroup and Wall departed today, but HOOVER TELLS ARMY AND NA THE SUNDAY TO END AIR SERVICE DISPU’{' (Continued From First Page.) o viated the need for such performance. This position proceeds upon the theory that the Navy must choose its j own weapons to perform the functions ‘Imposed upon it by the joint board, an organization of high officials of both services which was established to co-ordiate the activitles of both branches of the national defense. The War Department's conviction that the Navy is going right on with plans to maintain bombers at Pear] Harbor and Coco Solo. Panama Canal Zone, even {though this duplicates similar Army i equipment there, has not improved matters. Naval Fleet Criticized. | The Navys fleet of VT | bombing) planes at these points are | not, as the Army secs them, planes “pri- marily designed agd ordinarily used for scouting and patrolling over the seas,” as stipulated in the rules of the joint rd. All of which brings the prompt Navy rejoinder that while there might ap- pear to be duplication at first glance, since this type and the larger and strictly scouting planes are based in proximity, this is merely because the Navy considers it economically unwise to acquire and develop necessary sec- tion bases during peace. ‘The fact that the Army is now forc- ing the issue indicates that a line of demarkation may be drawn, but the Navy has taken the stand that the de- limiting of functions draws such a line and that there can be no duplication of materials if there is no duplication of functions. The controversy goes back more than 10 years and has been stimu- lated by the rivalry between naval avia- tion and the Army Air Corps. During the constitutionality of a stipulation in the Army appropriation bill of 1921 that “hereafter Army air service shall control all aerial operations from land bases and that naval aviation shall have control of all aerial operation attached to a fleet, including shore stations whose maintenance is necessary for operations connected with the fleet. for construction and experimentation and for the training of personnel.” Constitutionality Challenged. ‘The constitutionality of this law was challenged in an opinion to Secretary Adams by the judge advocate of the Navy, it was revealed by correspondence on the subject made available today. It was claimed that Congress had no will return next week. A lull in the n tion is expected for a few days since Hardin will be out of the city expressed daubt today over the possibility of obtaining convictions 1 Grant County of rators of the . “I feel sure that :ndictments fay be obtained, but convictions look doubtful to me” he said. The National Guardsmen, 130 in pumber, arrived this morning from ©amp Knox, Ky.. where they were in €amp for annual maneuvers, anc. began =Bd duty in four sections of Marion noon. S T HAWKS IS PLANNING NEW RECORD FLIGHT Pespite Former Wife's Court Order, Aviator Hopes to Hop Off 9.—Frank who last Wednesday set 8 New -to-Los Angeles flight record of 14 , 50 minutes and 13 seconds, Tecord sttempt. today indications were he would in the week for better cularly over Arizona, ch hhs been swept by heavy rain- the last two days. said newspaper men had ad- his former wife, Mrs. Newell , obtained an order for him to in court Monday. He added he not been officially notified and would pay no attention to the matter, Vaughn claims her former hus- owes her more than $10,000 on. for money she said she loaned in 1921 for his aviation ventures. fiyer denies the alleged obli- —_— LEVATED CARS CRASH :INTO TRAIN, KILLING ONE By the Assoclated Press. - CHICAGO, August 9—A three-car elevated train carrying nearly 100 per- sons home .from the Loop crashed into a work train today, killing one man, in- Juring several passengers and creating & near panic. Peter Oderangelo, an employe of the 'S, Was led. Two of those injured are Miss Ann McCaffery, 25, and Samuel Ven Schoicm. Failure to throw a switch cleariig gz'mnin line is blamed for the acci- $10,000 REFUSED, THUG BOMBS SELF AND BANK OFFICIAL (Continued Prom First Page.) completely identified by his hrother, erbert Mai was Efl . The brother said he not know where - Nathan Martin pad obtained the nitroglycerin. An- Other relative said the bomb thrower $everal days ago had a quantity of dynamite, intended to be used to blast 8sh from a stream near his home. - When Martin entered the bank he #dvanced to the desk of W. L. Pler, the president, and said: “I need $10,000. I am desperate. I want the money quick. There is a price on my head and I do not care What happens to me. There is nitro- §iycerin in this satchel.” ~ He warned Pier not to call the police. Engaged in Conversation. - Pelton had engaged the stranger in donversation, while Pier went into a money cage and told a teller to count out $10,000 in currency. While the pres- ident was telephoning the police the explosion occurred. Pier had planned give the $10,000 to the man and have police attempt to capture him out- sjde the building. Emergency Police Officers Benson and Lehay answered Pier's summons. They walked into the bank and Benson said when he loosened the pistol in his hol- aler he saw the man take from his shtchel a two-ounce bottle and throw it to _the floor. :While Pier was having the money ebunted a few minutes before the ex- plosion the stranger wrote a note on a deposit slip. It said: “I have & sister in Phoenix, Ariz.” The note was found some time later. All the fixtures of the bank were #cattered by the blast. More than a score of customers and employes es- caped injury, however. Money and checks were strewn everywhere. The Magers boy, son of Mr. and Mrs Clifton Magers, was standmg inside the bank. Flying glass cut him on the head and body. Marshall received a badly cut leg and other injuries. Pel- authority to restrict the President in his supreme command of the Army and Navy. . In his letter to Attorney General Mitchell for an opinion settling the issue, Secretary Adams emphasized that it was no more hypothetical or academic question, but a vital one touching, not only the Constitution, but the Navy's plans for building up its air force and training the personnel. Although Secretary Adams wrote this letter as long ago as June 3, 1929, it was not answered finally until January 16, 1930, and it was not until today that the existence of the correspon- dence became known. There had been no announcement of the Navy's ap- peal to the Department of Justice for a legal opinion, ‘When Attorney General Mitchell's re- ply was received, Secretary Adams was on the way to London for the naval conference. But the reply did not change the situation, for Mitchell merely held that “for several reasons,” it would not be “expedient for me to render an opinion.” ~Among other things, Mitchell pointed out that the Navy had failed to bring to his at- tention a specific case. Also, he pointed out, Congress held the purse strings, after all, whatever the Attorney Gen- &r‘ll might think about the law in ques- jon. Both Services Push Programs. Meantime, both services have gone ahead with their estimates for the last year of the five-year aviation building program. The President, howéver, has en urged to slow up this program, calling for 1,800 Army and 1.000 Navy planes, partly to save money on this year’s budget and partly to await a determination whether public money was being wasted in this quarrel be- tween the rival air services. About $80,000,000 remains to be spent on this program, including some $30,000,000 on the Navy side and about $50,000,000 on the Army side. It is in this connection that the call- ing in of the Bureau of Efficlency has been suggested. The President, how- ever, is considered reluctant to resort to such a step, even though one of the primary functions of that bureau, an independent Government agency, is to investigate the methods of business in Government service, including the duplication of statistical and other 'mg:. cretary Hurley's original protest to President Hoover -nmn the l;llvy'! alrcraft policy appears to have been made on February 18, 1930. On that date, he is said to have written to the President urging him to issue instruc- tions for the preparation of the new estimate for the procurement of land- based aircraft. It was Hurley's first appearance in the controversy. His | predecessor, James W. Good, had died soon after joining with Secretary Adams in putting the issue up the the Attorney General. Hurley Forces Issue. In the absence here of Secretary Adams, in London, some efforts to reach common ground were made, it is understood, in conferences between Hurley and Ernest Lee Jahncke, As- sistant and then Acting Secretary of the Nayy. Apparently the two depart- ments were as far apart as ever when Adams returned. Secretary Adams | apparently allowed matters to stand as they were for the time being. Secre- tary Hurley, however, forced the issue and, with President Hoover showing an active interest in the matter, con- ferences between these two cabinet officers followed Hurley's complaint of two weeks ago. What headway they have made, if any, is not known, but it is essential for the Navy to have land-based bombers for its off-shore operations and, unless they are operated by naval officers familiar with naval communi- cations, navigation, and the character- istics of American ships, confusion and perhaps chaos might result in the event of an engagement. Secretary Adams’ Letter. Following is the correspondence: “Washington, June 3, 1929. Navy Department, e Attorney General, ‘Washington, D. C. ir: 1 have the honor to request your opinion upon the following ques- tions which have arisen and are now pending in this department: “(1) Whether the Army appropria- tion act of June 5, 1920 (41 Stat. 954) or any other statute is properly to be construed as restricting naval control of aerial operations over the sea from shore stations established and main- tained by the Navy? “(2) If the foregoing question is answered in the affirmative, whether the statute which is construed to have such effect is to that extent invalid as constituting an unauthorized restric- tion upon the constitutional power of the President as commander in chief of the Army and Navy. “The pertinent provision in the act of June 5, 1920, to which the foregoing questions relate, reads as follows: “And provided further, That here- after the Army Air Service shall con- ton’s body was badly mutilated. The is located on Exchange avenue in packing house district. ¢ WILL HOP FOR TOKIO ! TACOMA, Wash, August 9 (#).— Bob Wark and Eddie Brown announced tonight they will hop off at dawn to- morrow on a three-stop flight to Tokio. first stop will be at. White House, , the next at Nome, Alaska, and third .at Petropayiosk. They will & Fokker biplane. trol al aerial operations from land bases, and naval aviation shall have conttol of all aerial operations attached to a fleet, including shore stations whose maintenance is necessary for op- eration connected with the fleet, for construction and experimentation, and for the training of personnel. “This department is very strongly of the opinion that it rests with the Presi- dent, as commander in chief of the Army and Navy, to control the activi- ties of each and every branch of the military forpes in time. of war or, in prepartion fy war, in time of peace. (torpedo- | all that time the Navy has challerged | . Accordingly, the presence on the statute ’books n(‘(he enactment above quoted occasions a serious doubt as to whether Congress can have intended thersby to place restrictions upon _important Dperations of the naval service to the exclusion of the President’s power and, if so, whether in attempting to do this it has acted within the scope of its constitutional authority. ~The ques- tions thus arising are not academic or hypothetical, but, a5 you may readily | perceive, are of present moment in | the administration of the Navy, it being | of vital importance that the Secretary of the Navy shall be fully informed | concerning the extent of any limita- tions which there may be upon his au- thority and duty in’the procurement of material and the training of per- | sonnel over which he exercises control | as the representative of the President. “As the Attorney General is express- 1y vested by law with authority to de- termine the constitutionality of statutes, as well as to construe their language for the guidance of the heads of the several departments, I am ‘mpelled to| submit the foregoing questions fcr your opinion, to the ena that this depart- | ment may not only obtain an au- | thoritative interpretation of the & but, furthermore, if it has been mis- taken in its views as hereinbefore ex- pressed, that it may promptly take such action as shall be found necessary and proper to conform to the law so long as it may continue in force. “As required by the rule of your de- partment, there is inclosed herewith an opinion of the acting judge advo- cate general of the Navy with respect to the questions submitted. “Very respectfully, 4 ADAM: (Signed). % 8, “Secretary of the Navy.” Mitchell's Neutral Reply. flice of the Attorney General, ashington, D. C., anuary 16, 1930. The Secretary of the Navy. “My Dear Mr. Secretary—{ have the honor to refer to your letter of June 3, 1929, requesting my opinion as to ‘whether the Army appropriation act of June 5, 1920 (41 Stat. 954), or any other statute is properly to be construed as restricting naval control of aerial opera- tions over the sea from shore stations established and maintained by the Navy,’ and if my answer should be in the affirmative whether the statute which is construed to have that effect is to that extent uUnconstitutional as an unauthor- ized restriction upon thé power of the President as commander-in-chief of the Army and Navy. “The particular provision to which you refer provides as follows: ‘‘Hereafter, the Army Air Service shall control all aerial operations from land bases, and naval aviation shall have control of all aerial operations a for operation connected with the fleet, for construction and experimentation and for the training of personnel.’ “No. other pertinent statutory pro- vision has come to my attention except the proviso inserted in the subsequent Navy appropriation acts, ‘that no part of this appropriation shall be expended for maintenance of more than six heavier-than-air stations on the coasts of the continental United States." “With your letter there was inclosed memorandum of the acting judge advocate of the Navy stating his opinion on the questions submitted. On June 15, 1929, the Secretary of ‘War wrote me that he wished time to study the subject matter before I reached my conclusions, and on Oc- tober 8, 1929, he submitted a memo- randum of the judge advocate general of the Army thereon. Thereafter, on November 14, 1929, you sent me a memo- randum of the Jut‘l‘ge advocate of the Navy replying to the views expressed In memorandum submitted by the Secretary of War. “For several reasons .l believe that it would not be expedient for me to render an opinjon. “Your question and the statute it- self are very general in their scope. In discusing the meaning of the statute, I would find myself involved n technical questions of naval and military tactics. This is shown to be 50 by the memoranda from the judge advocates genel of the Army and Navy. Iam not sure, either, that there is any concrete question now arising in your department. It does not appear that the sident, as Commander in Chief, has directed any operations in conflict with the provisions of the statute, and while you may have gen- einl xrnblemu of naval operations to consider, it is not made to appear that you have available any appropriations the method of expenditure of which has been so left to your discretion that the expenditure depends on the con- struction placed upon this statute, or that you are confronted with a concrete case for decision. This last suggestion of mine leads to a more basic reason for withholding an opinion, which is that under present conditions no gen- eral expressions from me as to the meaning of this statute or as to the constitutional powers of the President as Commander in Chief would settle the real questions involved. Whatever may be the powers of the President in the direction of miiitary and naval operations, supplying material and men for naval operations require money, and Congress holds the purse strings. In making appropriations for the Navy Dexlrtment. Congress may and does define the purpose for which the funds shall be expended. To this extent, at least, the activities of the Navy are controlled by the Congress. # tements by Senator Bingham in correspondence relating to the present situation eonfirm the impression that the real concrete question now awalt- ing decision is as to what appropriation shall be made by the Congress for naval air service. ‘In making its decision on that subject, the Congress will form its own opinions about the respective func- tions of the Army and the Navy in aerial operations.” My opinions are not bind- ing on Congress, and there is no reason to think that an opinion from the At- torney General on the construction of a general provision in the Army appro- priation act of June 5, 1920, would have any tendency to control the decision of the present Congress as to what appro- priations should be made for the Navy. Congress has not tied its own hands by the provision in the 1920 act, and it may adopt a new principle. If any point of order is made against an appro- priation item because of the clause in the 1920 act, the Congress will make its own decision as to what the . clause means. It now has a joint committee considering the whole problem. “There have long been statutes pro- viding that the Attorney General shall give opinions to the heads of the execu- tive departments only on questions of law actually arising in their departments. My predecessors have uniformly con- strued this to mean that a question of law does not arise in an executive de- partment unless there is a concrete case calling for definite executive action. ‘The actual concrete question now await- ing decision respecting the proper func- tions of the Navy in aerial operations seems to be pending, not in your depart- ment, but in the Congress. “While I desire to be helpful to the executive departments in all legal mat- ters, I feel that I would be going be- yond the proper limits of my authority 10 give an opinion on these matters as they have been presented. “Respectfully, (Signed) “WILLIAM D. MITCHELL, “Attorney General.” — U. S. PRESENTS PAVILION Building, Erected for Spanish Ex- position, Given to Seville. SEVILLE, Spain, August 9 (#).—The United States pavillion at the Seville Exposition, which closed some time ago, was presented to the city of Seville today. ‘The builaing contains & motion plc- ture theater and commercial ap- paratus, 3 STAR, WASHINGTON, LABOR GIVES FUNDS 10 WAR MEMORIAL Several Unions Contribute in Campaign for $20,000, Committee Reports. ‘The campaign for $20,000 by organ- ized labor here to complete financing of the District of Columbia World War Memorial is tontinuing to bring results from many union organizations, ac- cording to R. A. Dickson, secretary of | the committee in charge. Sheet Metal Workers' Union, No. 102, at its last regular meeting appropriated $100 from its treasury toward the me- morial. The meeting was presided over by Welford P. Ladd, president. Levies Assessment. The Bakers and Confectioners’ Union, No. 118, decided to levy an assessment of $1 on each member to contribute to the memorial in the name of the union. This action was reported to the Cen- tral Labor Union Executive Committee ness agent of No. 118. It has also been reported to the Ex- ecutive Committee that all officers and clerks of the National Federation of Federal Employes, of which Luther C. Steward is president, have personally contributed to the memorial. The building trades unions have been contributing very generously, according to Mr. Dickson, who has been receiving reports regularly from several of these organizations. Surpasses Expectations. Fred Walker, treasurer of the Me- morial Executive Committee, reported to the Central Labor Union at its re- cent meeting that already “thousands of dollars” have been realized and that results of the campaign so far have “surpassed expectations.” Frank Lee, chairman of the Memo- rial Executive Committee, is expecting to return Monday from his vacation and plans to call a meeting of nis committee to lay plans for further ac- tivity in the near future, 5,949,287 JOBLESS NEW HIGH MARK IN EUROPEAN COUNTRIES (Continued From First Page.) July 28, as registered in labor exchanges throughout the country. British un- employment, it then was disclosed in official reports, had increased 857,000 in a single year. Plagued as it has been by the grave situation, the Labor government has not hit upon a panacea and the prospect is it will become national rather than a party matter. In Britain the worst hit industries are textiles, with nearly 450,000 idle; transport, with 433,000; building trades, 170,000; coal mining, 255,000, and en- gineering in its various branches, 413,000. Germany has experienced an increase of 1,000,000 in unemployment in the last year, of whom 51,000 lost their Jobs in the last fortnight. ‘The latest jump in the nation-wide totals gave Germany a chilly surprise. Mines, factories and merchants in all sections, it was shown, have been lay- ing off help during June and July and only recently the Socialist government became so concerned with the plans of manufacturers to reduce. pay rolls that it warned them not to expect govern- ment contracts if they employed “un- social” methods of cutting their staffs. Italy’s outlook took a turn for the better today when the government made known that extensive plans had been made for employment in state work of many thousands of persons. In France unemployment is viriually non-existent. Government officials have asserted that most of the idle| could obtain work at their habitual oc- cupations if they would. Farm Labor Difficulties, One reason for Prance’s position was | sald to be that industrial activity had | 80 absorbed farm labor the importation of other nationals for agriculture had been imperative, Belgium's diamond trade has been hit, but strikes in the textile mills have been the chief cause of idleness. Portugai has taken steps to bar citi- zens of other countries from taking| employment in order to compel the employment of her own nationals dur- ing the unemployment crisis. Austria had about 450,000 families dependent on a dole of $2.26 per week, at the end of Pebruary, and that num- ber has been unofficially reported in- creased. Dispatches from Australia have in- dicated determined efforts there to ef- fect economies helpful to the state in which the jobless have been estimated at 180,000, with government doles amounting to $75,000,000 yearly. AGED MESSENGER IS HELD IN MAN’S MYSTERIOUS DEATH (Continued From First Page.) ary authorities were summoned at o'clock. At one time, a neighbor said, Quill's daughter, Mrs. Edna May Titus, came gument for about one hour before out on her front porch saying she feared the outcome of the quarrel and requesting some one to call the police. Mrs. Titus went back into the house, lice learned, and one of the neigh- rs said he delayed calling for as- sistance until he heard the quarrel being resumed. When Policeman E. H. Henson ar- rived from No. 10 police piccinct sta- tion he was admitted to Quill's bouse by Mrs. Titus and found Pearson lying on the floor. He summoned Dr. ‘Thomas J. Kennedy of 3809 Georgia avenue, who had attended Pearson on previous occasions. The physician pro- nounced the man dead. Pearson virtually had retired fiom his practice as a veterinarian, which he had conducted here for many years past. He had been residing tem- porarily at Quill's home while his daughter, Mrs. Frank Foster, wife of an attorney for the Depa.tment of Justice, was spending the Summer months at Wildwood, N. J. Lieut. H. J. Fowler of No. 10 police precinct accompanied Coroner Nevitt to the residence. He said he found blood on Pearson's face, and lesser scratches about the mouth, but no other indications of violence. Headquarters Detective Howard W. Ogle also was assigned to the case. Quill said that Pearson was sitting on the back porch when he became greatly excited and rushed into the dining room in a threatening manner “like a crazy man.” He said he was afraid of Pearson, whom he described as a man of size and vigor beyond his years, and that he was forced to strike at him. Quill said he then placed himself behind the dining room table from Pearson, shoving the table toward the other man as the latter bent across it. Pearson Quill said, fell backward and he did not belleve he was injured at the time. A colored maid also was sald by neighbors to have been present during the quarrel, although in another part of the house when Pearson dropped to the floor. Police were informed by Dr. Kennedy that he had treated Pearson for a heart ailment for a number of years past, and that the excitement might have con- tributed to his death. The body was removed to the morgue following & preliminary investigation, D. C. AUGUST 10, 1930—PART ONE. % BORDER TOWNS SWEPT BY WALL OF WATER More than a score of persons were reported missing after a torrent of water from a mountain cloudburst swept on the memorial by John Geiger, busl- | gown into the border towns Nogales, Ariz., and Nogales, Sonora. A general view of the towns, showing the narrow valley into which the flood waters rushed. —A. P. Photo. CHINA' DISCLAINS ALLRESPONSIBILITY Foreign Minister Makes| Statement as Reds March on Yangtze Cities. By the Associated Press. SHANGHAI, August 9.—While bandit Communist armies are marching to- ward several Yangtse Valley cities in which foreigners were congregated, Foreign Minister C. T. Wang announced tonight the government disclaimed responsibility for Red depredations upon foreigners in the recent sacking of Changsha. Discussing the . Changsha attack, which resulted in.large loss of foreign property, Mr. Wang said: #No government can be held responsi- ble for mob violence against foreigners or their property within its domains. It is possible the Changsha affair will fall in this category, in which event the Natlonalist. government will not feel ob- ligated to indemnify losers.” He said, however, if troops were proved to have joined with | Communists . in ‘despoiling the captured | rxllv;{ the government would be respon- | sible. Nationalist | British Dispatch Cruiser. Meanwhile, disregarding the govern- ment’s assurance it would protect for- eigners in Hankow, threatened by near- by Red armies, the British dispatched the 10,000-ton cruiser Berwick to join the dozen other foreign war vessels there. Lying in the Yangtze River off Han- kow and its neighboring cities, Wu-.| chang and Hanyang, these vessels were prepared to land Blue Jackets and Ma- rines if necessary. Mutiny in Nationalist garrison ranks, although suppressed, lessened foreign confidence in Nationalist ability to de- fend Hankow if the Reds attack vig- orously. Nanchang and Kiukiang in Kiangsi Province also were menaced by ap- proaching Communists. Foreign war- | ships anchored off Kiukiang pointed their guns shoreword to protect the few foreigners who had not fled to safer places. Century to Bring Peace. A century of education and assist- ance will be necessary to bring peace and prosperity to China, said Burris | Jenkins, author and clergyman of | Kansas City, Mo., commenting on ban- | ditry, Communism and civil war in the country. Mr. Jenkins, pastor of the Linwood Boulevard Community Church of Kan- sas City, is touring China. He said: “This nation’s route to peace and prosperity is through education. Herein lies America’s opportunity to assist. “Our missionary work in China should be education. The country will require America’s patient understanding and assistance for at least another 100 | years.” CHANG PLANS WAR. Most Rapacious of China's War Lords | Sends Wives Away. BEPPU, Kyushu, Japan (#).—Some persons believe that Chang Tsung- Chang, former ruler of Shantung and reputed the most rapaclous of all China’s brigand war lords, is cleaning the decks for action. He recently sent his aged mother and five of his wives, who have been sharing his exile at this Carlsbad of Japan, back to Port Arthur, in Manchuria. ‘Wherefore there are rumors that Chang | is planning another foray into his old | hunting grounds in China, seizing the | opportunity of the present trouble be- | tween the Nationalists and the Northern rebels, both old enemies of his. The Japanese police probably will not stop Chang if he starts for China, but 1t is understood that if any new venture fails and he needs asylum again he need not expect to find it in Japan. The Japanese authorities are alert to prevent him making any overt prepara- tions on Japanese soil for another in- cursion into China, but they take the position that they cannot prevent him from reeeiving the frequent mysterious visitors who come to him from the continent. Only one wife remains to console Chang in his refuge here, which in- cidentally is the best hotel this resort can offer. She is the 18-year-old girl whom he made Mme. Chang last Sum- mer, said to be his twenty-ninth wife. Chang _himself lost count some years ago. Neither he nor any one else knows now where the majority of his former consorts are. THOMAS F. RYAN, I, FILES PETITION FOR DIVORCE Wyoming Court Receives Case Against Margaret Ryan, Who Became His Bride Last Year. By the Associated Press. SHERIDAN, Wyo, August 9.— Thomas Fortune Ryan, 2d, filed suit for divorce from Margaret Ryan in District Court here today. ‘The plaintiff, grandson of the late Thomas Fortune Ryan, wealthy and soclally prominent in New York, al- leged in his petition the defendant has been ‘“guilty of habitual intem- perance,” and “the intemperance of the defendant reasonably inflicts a course of gre mental anguish upon said plaintiff * ‘The petition also alleged Mrs. Ryan's intemperance was the reason for his leaving her in August, 1920. They were married in New York January 17, 1929 —— Faces Patricide Charge. WAUKEGAN, I, August 9 (#).— Charged with beating his father o death_because_the latter refused him | $10, William - Butler, jr., 22, was held today on & der charge, | Vesuvius. | possible. Quakes Thrill Americans Shaking Earth in Early Morning, Followed by Flash- ing Lightning and Cries of People, Among Scenes in Italy Described by Georgetown Student Among U. S. Party in Sorrento. 1 F. Moore, @ Georgetown Uni- versity student, was one of a varty of American tourists at Sorrento, Italy. just ‘across he bay from Nales, wonen the earthquake struck with such devas- tation on July 23. He has sent The Star the following’ account of his ex- periences. NAPLES, July 24.—When in the early morning hours of July 23 a terrific earthquake shook lower Italy in the vicinity of Naples, killing more than a thousand persons, injuring four times that number, and causi tremendous property damage, American tourists were treated to a thrill and a spectacle which they had little dreamed were in store for them. At _the hotel in Sorrento, overlooking | the beautiful Guif of Naples, about 60 Americans were spending the night. They had come from various points of interest about the gulf, and the memory of what they had seen and heard was still fresh in their minds, For days past they had watched the white smoke curl up from the cone of Many had journeyed to the top of the volcano and had stood on the erater's rim overlobking the lava- paved depths out of which rises the sulphur stained, flery cone. They had seen the fresh lava fields of 16 months ago, the older fields of the disaster of 1908, and the graying beds which told of volcanic fury in years past. Some others had come from Pompel. Much of their discussion that evening had concerned the city’s destruction; how Vesuvius was wreathed in a warn- ing pall of black smoke; how the air had become sulphurous and stifling; how the ground had shaken, and finally, how a gray veil of ashes had descended on the city and completely enveloped it. Mouth Across the Bay. And at dinner that night all had watched that treacherous mouth across the bay slowly blow rings of smoke into the evening sky, and were mutely at- tracted to it. There was something mysterious ever ominously supressed | beneath its scarred slopes and ruddy crest. Imagine, then, the terror of those half-awake Americans when, a little after 1 o'clock in the morning, the ground began to tremble and then rock violently beneath them. Sleep was im- Nor could the keen fear of disaster so suddenly borne upon them be dispelled as a nightmare with a yawn and a lazy stretch beneath the bed clothes. Here was stupifying realty. The air was heavy and stil Shutters were banging wierdly inst the sills as if a storm was sweeping the bay. Beds wer skidding crazily across the polished floors. Loose articles on the wash- stand crashed from their places, chim- ing on the basin as they fell. Thoss in the upper rooms saw the very walls around them sway back and forth, straining at their girders, while plaster sprayed from the ceiling. Flashing into every mind was the one thought, “It's Vesuvius"! Then, crowding into the confusion of impres- slons were the frightening recollections of the day's expeditions. As the quake reached its greatest violence, the wild dread that history was in the act of repeating itself became the one clear thought of those awful moments; and with this realization the halls were suddenly fllled with pajama-clad fig- ures in flight. Lights Suddenly Out. Across the bay Vesuvius glowed red. Lightning flashed across a star-filled sky. Suddenly the lights went out. Then, almost unnoticed by the throng, the quake subsided. Candles flickered, revealing white faces peering into the gloom for reassurance on the faces of others. = A misplaced comedian was silenced with silence. Not until com- parative safety under the open sky was reached did any one pause to notice that the danger was over for the moment. Out in the garden surrounding the hotel, the scene was tragi-comedy. Elderly women, no doubt from their class rooms in America, were whispering nervously to themselves, “It was terrible, horrible,” they kept telling each other. “We must stay here in the open. Another shock may come &t any time. There is always a second.” A party of American girls was grouped together under some orange trees. Evi- dently they did not realize the gravity of the situation and took the quake as a joke. Cigarettes were lit, oranges pilfered from the low branches, and sinking down on the ground, wrapped in kimonas, they began to chatter among themselves as if the whole af- fair was only an incident in their trip. A group of men were discussing the structure of the hotel and its ability to withstand another such shock. They appeared dubious. Others were walk- ing up and down in the narrow lanes speaking -in strained voices of the re- cent scare. One Californian growled that he was going to bed. A few who had dragged their suit cases with them as they fled from their rooms were sitting on their luggage, waiting for the dawn to break out there in the east. The Californian still grumbled, but stayed where he was. In fact, no one ventured into the hotel again. They were waiting for the second quake, which they felt must come within an hour of the first. Children’s Cries Heard. Out in the village the cries of chil- dren, hastily dragged from their beds, added pitch to the jumble of sounds as men and women groped about in the darkness. Occasional harsh yells bespoke anger, but the great undertone was the shrill jargon of apprehensive TItalians. When the lights were switched on some 10 minutes later, the American who slipped into the square was greeted with a sight, memorable in his annals of travel. In one corner, kneel- ing before the great bronze statue of 8t. Anthony, the “protector of Sor- rento,” the black-manteled women and swarthy fishermen of the vicinity were appealing to the saint for deliverance. From the narrow little side streets which led into the square those who had been on the outskirts of town when the quake occurred were beginning to straggle into the lighted areas. Some clutched their - scanty —posse in their arms, but most of them were so- licitous only for their family and them- selves. One could read in their horror- lit eyes that they sought companion- ship and mutual support in tragedy. Down one street directly off the square a crowd had gathered before the village church. As the doors swung open a priest in cassock and surplice was seen at the altar lighting the high candles used only for the most soleum occasions. The bells in the tower began to ring, answering the echoes from nearby villages lkewise stricken. Throughout the throng which filled the church there in the early morning hours one could feel the uneasy stir of expectancy. They, too, felt that the quietness of the earth was but a respite before the final calamity, But no one moved. No one sought the square or the open countryside. They had im- plicite, childlike - confidence in their prayers, Drift Back to Rooms. And as the hour and another was almost gone with no further re- currence of earthquake, the Amer- icans gradually drifted back to the hotel and their rooms. Some few were loath to go, but as fatigue overpowered them they became resigned to-the sit- uation and sought rest in those few remaining hours before dawn. In the square the people kept their vigil until morning, watching and waiting. 1t was not until two days later, when the first English printed newspapers ar- rived, that Americans were fully aware of the enormity of the disaster. Sicily was devestated. Many small towns in utter ruin. In some areas over half the population had met death in'a holocaust of falling stone. Numerous individual tragedies had blighted the Jand. Even Rome, 200 miles to the north, had been shaken, But somehow the Americans in Naples and vicinity had come through the catastrophe unscathed; and with the sympathetic understanding of the their | j; HOOVER DECLARED PHYSICALLY FIT President Will Gbserve 56th Birthday Anniversary in Camp Today. By the Associated Press. ORANGE, Va, August 9—8till physically vigorous after 17 months in the White House, President Hoover to- morrow will observe his fifty-sixth birth- day anniversary. In the coolness of his Virginia moun- tain lodge, where he is secluded over the week end, a simple observance of the occasion has been planned. A big cake with candles is ready for the din- ner table, and Mrs. Hoover and the guests who accompanied them for the excursion will present the President with the gifts at the table. Although Capt. Joel T. Boone, the White House physician, believes the President is in better physica1 condition than when he took the oath of office in March, 1929, the months of strain Mr. Hoover has undergone, with Con- gress in session most of the time, have not left him unmarked. Friends who have seen him recently after an ab- sence of months have commented upon the new lines traced in his face and the white hair above his umfilu where only gray was visible when he entered the ‘White House. Two Contributing Factors. Two factors, Dr. Boone said, have contributed to the maintenance of the President’s health—a simple routine ex- istence outside of the office and regular exercise. Since early in his term, when the “medicine ball cabinet” was organized for play each morning, the Chief Ex- ecutive has missed his game only a few times, with the exception of Sundays. For years before coming to the White House he had taken no regular exer- cise, and now his muscles are firmer and he has lost about 15 pounds of excess wei_lght. h ‘hree other factors have aided the White House physician in keeping Mr. Hoover fit. The long lines of hand- shakers that daily filed by previous Presidents has been abolished by Mr. Hoover and the cooling system installed in the executive offices after the Christmas eve fire permits him to work eight hours a day or longer without discomfort from the blistering Sum- mer heat. In addition, he gets much relaxation in his week end trips to Virginia. An ardent motorist, the President enjoys the three-hour ride to his lodge which would leave most persons tired. There, shielded from interruptions, he gets a change of routine that sends him back to the Capital refreshed for the we of the week. Life of Hoovers Simple. He works many hours during the week end trips, but with breaks .n be- tween for rest and play that relieve the weariness. The life of the Hoovers in the White House is as simple almost as their recreation at the Virginia camp. On the sound moving-picture equipm-nt installed last year in one of the upper halls of the White House, they twice a week see news movie reels and occasion- ally a drama. Attempts to regulate his life for the reservation of his health have failed, wever, to break one outstanding habit. Mr. Hoover invariably awakes in the middle of the night and then: does his heaviest reading, delving inta. scientific works or les upon pres- ent-day problems. He studies until he mes drowsy and finally reads him- self to sleep with a detective story, the only time given by him to light reading. e CHATTANOOGA POLICE SEARCH FOR CLUBBER Three White Women Hit on stricken people of Lower Italy they left the wounded ref filled with the thrilling story of their experience. . 3 DIE AS PLANE FALLS IN GAS TANK OF CHICAGO FIRM (Continued From First Page.) saw some one attempt futilely to leap in a parachute. ‘The gas tank, of 1,000,000 cubic-foot capacity, contained about 790,000 cubic feet of illuminating gas. According to % . Redd, vice president of the People’s Gas Light & Coke Co., there was no danger of an explosion, even if the plane had been in flames. In event of the latter situation, the gas might have ignited and burned, but would not have exploded, he stated, because the gas itself is not explosive, and was rushing out too fast to permit air or other explosive material from entering. Make Test for Explosives. Police, however, decided to make tests to determine if there was any explo- sive material in the tank. If it was found that there was such material, it would be necessary to pump out all the water before the plane could be raised, Mr. Redd sald. This would take from 10 to 16 hours. If, how- ever, no explosive material was found, it was planned to rip off the top of the tank and go after the wrecl and bodies with grappling hooks. ‘The tank is constructed of thin sheet steel and is so built that the open bottom floats on & large well of water, preventing escape of the gas. As more gas is admitted, the tank rises in its frame, and when gas is let out it sinks. The huge puncture made by the crash- ing plane caused the gas to rush out in a few m‘imiu::: “:nd fil’wpfld the emptying tank inf well. B‘d’r. Redd said damage to the tank would not exceed $15,000. It was officially reported that the two passengers were women. Michael Caffarello, brother of the owner, identified the ship from a piece of wood, sheared off by the gas tank. Version of Accident Varies. Varying versions of the accident were told by witnesses. Ira Smalling, pilot of fying toward the downtown landing ramp when he saw what looked like a twister, and then saw a ship get caught in the wind, waver and tailspin. He be- lieved the wind responsible. One witness said it appeared the ship had been struck by lightning. It was generally agreed that the wings had fallen away before the ship plunged into the gas tank. Suchy, who was 21 years old, had ob- tained his pilot's license only six weeks ago. He had flown a ship here from Los_Angeles. yesterday. Caffarello said he had flown the death ship, known the Magic Carpet, to Louisville, Ky., and back yesterday and that it was in good condition. ‘Scores of workmen from the gas com- pany kept busy late into the night stringing lights, preparing to take off the top of the tank and otherwise speeding efforts to get the bodies. ‘Thousands of curious milled about the remises, keeping a haif hundred po- ficemen busy controlling them, Pronounced Out of Danger. CRISTOBAL, Canal Zone, Al (#).~Lieut. Col. R. P. Palmer of Wash- ington, who last night was removed from the Army transport U. §. Grant suffering from serious internal hem- orrhage, today was pronounced out of dlnfial’. He ;was enroute from Manila to New Yor of a Chicago Tribune amphibian, told | 2, t 9|4 Head When Robber Is Surprised. By the Associated Press. CHATTANOOGA, Tenn., August 9. —Every available member of the Chat- tanooga force was engaged in an in ve search here this afternoon for an unidentified colored man who clubbed three white women in their homes here today, striking widespread t’:’:t“ to the entire West Side of the . The man slugged each of his victims with a short length of pipe after at- tempting to rob them. One of them, Mrs. J. M. Owen of Pine street, is in a hospital suffering from a fractured skull. The attack on her occurred as she lay in bed. Apparently he was un- aware of her presence as he entered, for when she screamed he ran to her and struck her a blow in the face with the iron club. Mrs. Adelia Crowe, residing in an apartment house, told officers she was in her bed room asleep and was awakened by some one attempting to remove her wrist watch. She awoke and saw a colored man standing above her. She screamed and he struck her a blow on the head and ran. Mrs. J. C. Fryar, another victim, told police she met a colored man com- ing down the stairs of her home about 10:30 a.m. She was struck on the head when she screamed. School Named for American. SALMUENSTER, Germany, August 9 (#).—A new school building named for Heinrich Harnischfeger, ~ Milwaukee industrialist, is under construction here. Mr. Harnischfeger, a native of this town, donated $50,000 for the school, m; corner stone of which has just been July Circulation Daily. .. ]05,395 Sunday, 110,474 ™ aper named sold d rib- uted during tl .“mflnlh of 'lul’.-nA D‘.“%I‘!bflv Was as follows Copes service, el Daily ave: . SR R I onzsw 3 Less adjustments...... Total Sunday net_circulation.... verage net buld Sundsy clrcil umber of coples’ for LB&?Y l'll “&_‘ON. Ver Subscribed and sworn louofifoxe"‘n.u“zfll Tth_day of August, A.D. 1930 7 (Seal.) ELMER F. YOUNT, B Noiary Pupite. "\