Evening Star Newspaper, November 1, 1930, Page 5

T A5 . SATURDAY, NYOVEMPER Y, 1930., " D VOTE LAW HELD VOID BY HIGH COURT Order Indicates All Registra- tions Under 1929 Agt Are lllegal. Bpecial Dispatch to The Star. ANNAFOLIS, Md., November 1.—The Court of Appeals of Maryland, in a per curiam order filed by four of the seven judges who sat in the case, has de- @ded that the act of 1929 providing Sor the registration in Maryland of former residents of other States is void on account of conflicting with the four- teenth amendment to the United States Constitution. The decision was rendered in the case of the Board of Registration of the fourth precinct of the third district of Calvert County against Hammond J. Fey, a former resident of Washington, who registered at Long Beach, in that cvunty! Directly Affects 40 Cases. ‘The decislon of the Court of Appeals econcerns directly Fey and about 40 other residents of Washington who registered in that section under the act of 1920, which took the place of the Klnr law requiring in such cases a dec- ration of intention to become a citi- zen of Maryland. ‘The effect of the decision of the Court of Appeals, it is said, is to revive. the old law and make it necessary that any resident of another State, district or ‘Territory must flle his declaration of intention to become a citizen of Mary- land one year before he is granted reg- | istration. Indicates Others Illegal. ‘The opinion further indicates that all residents of other sections who have registered in Maryland under the 1929 act have not legally done so. So far as the election of next Tues- day is concerned, the only persons who wfivl be deprived of their votes are the 40 residents of Calvert County whose votes were cnallenged and about 300 residents of Anne Arundel County ‘whose cases were brought into court. ‘The latter cases will not be appealed, in view of the decision of the appellate court, the decision of the Circuit Court for Anne Arundel County being regarded as final. Three Judges Dissent. The members of the Court of Appeals who dissented from the majority opin- jon were Chief Judge Bond and Judges ‘Those who united Urner, Adkins, Digges and Sloan. Judge Parke, who delivered the opinion in the Anne Arundel Court, the first formal intimation that the law was invalid, is also & member of the Court of Appeals, t five of the eight judges support of the case. The decision of ‘was rendered after argument taking up the whole session tterday, in the form of a , but it was stated that filed later in which decision will be given. Licensed to Wed at Marlboro. RO, Md., November 1 ( ‘nent 8 E 22gE i §E§ < 78R £ MARLBOI! 1) —Harry E. Heffner, promi- farmer of Seat Pleasant and a the Maryland |JALLOWEEN FETE MARKS Y. M. C. A. MEMBER GAIN Addition of 134 to Association Rolls Reported at Dinner—Campaign to Continue. The Young Men's Christian Associa- tion celebrated Halloween at a special “membership week” dinner last night at which announcement was made of the addition of 134 new members to the rolls of the association. ‘The dinner was the second of a series being held during the membership period, which began last Wednesday and closes with a “victory night” dinner Novem- ber 5 at the Central Y. M. C. A. Build- ing at Eighteenth and G streets. The new members were marshaled by a general organization of “Y" officials and members, numbering more than 150 The volunteers are divided into 18 teams under the general chajrman- ship of Ed Morton Willis. Dr. William Knowles Cooper, retired general secretary of the Y. M. C. A, was guest of honor at last night's din- ner. In observance of his birthday an- niversary he was presented with a gift on behalf of the workers. Invocation was pronounced by Rev. Dr. Homer J. Councilor, dean of the School of Re- ligion of Southeastern University, Y. M. C. A. institution. Dr. Everett M. Ellison, general vice chairman of the membership organization, presided. Further returns in the canvass will be received at a third dinner Monday night at the Central Y. M. C. A, it was announced. COUNTY POLICE BUSY WITH HALLOWEEN Revelers Active in Montgomery, but Few Arrests Necessary During Celebration, Police in the suburban sections of Montgomery County had their hands full last night with Halloween rev- elers, but. succeed in preventing any serious disorders. Only six arrests were made through- men whose conduct is alleged to have become _disorderly. In Takoma Park Sergt. Earl Burdine kept four auto- mobiles cruising through the streets of the town until 1 o'clock this morn- ing. As a result of this precaution’he did not find it necessary to make an arrest. Bethesda police took four men into custody following what they say was a street fight in Garrett Park. The arrests were made by Policemen Ed- ward Shoemaker and Joseph Oldfield. The prisoners. all residents of Wash- ington, gave their names as Albert A. Suite, 3100 block of Eighth street: Ed- ward K. Abshire. 2400 block of North Capitol street; Thomas A. Vatch, 1300 block of Upshur street northeast. and James S. Furguson, 1600 block of Piney Branch road. They were re- l:ued.ch after depositing $7.50 collateral Charged with disorderly conduct in connection with a ‘disturbance at a Halloween dance in St. Mark's Church in Fairland, Howard Broner and Thom- as Robey, both of Laurel, Md., were lodged in a cell at the Silver Spring Police Staticn overnight. is morn- ing they were still in custody for want of collateral. The arrests were made by Sergt. Guy L. Jones, Corpl. George Windham, Corpl. D. L. Snyder and Policeman Joseph Nolte. A list was made last night of the names of boys in Silver Spring whose pranks became destructive and police eaid this morning an attempt will be made to compel the mischjef makers to pay for the damage they caused. out the section and these were of young | .. PHE EVENING STAR. WASHM NGTON: . C. KENSINGTONBRIDGE CASE WITH COURT Judge Peter Takes It Under Advisement When Argu- ments End. BY WILLIAM S. TARVER, Staff Correspondent of The Star. ROCKVILLE, Md., November 1.— Arguments by opposing attorneys on the motion to dismiss the temporary injunction against the elimination of the Kensington grade crossing and_the erection of a railroad overpass at Lin- coln avenue in Kensington were heard yesterday afternoon by Judge Robert B. Peter, who took the case under advise- ment. He said he will read the voluminous testimony at his leisure and notify the attorneys when he has reached a de- cision. The parties to the suit are 10 | residents and property owners of Kel sington appearing in_the roll of plain- tiffs and the State Roads Commission as defendant. Question of State Right. The only argument put forward yes- terday which was not forecast by the testimony brought up the question of whether the State Roads Commission has a right to let the contract for the elimination of the grade crossing before entering into a formal contract with the railroad company to split evenly the cost of the project. Harold C. Smith, who with Miss Vivian V. Simpson and John E. Oxley, represent the plaintiffs, said the Mary- land law requires that this formality be complied with and that only a tenta- tive agreement has been entered into by the Roads Commission and the Bal- timore & Ohio Railroad by which the latter is to pay half the cost of the overpass, but none of cost of the ap- proaches. quired that the railroad company pay half of the cost of the approaches as well as of the overpass. Capt. Joseph C. Cissell, attorney for the State Roads' Commission, admitted that there was no formal contract with the raliroad although the contract for) the construction work had been awarded to the firm of Lignon & Lignon of Baltimore. Plaintiffs’ Theory. The plaintiffs’ theory in opposing the dismissal of the injunction, as outlined by the attorneys, falls in two parts. ‘The first is that the State Roads’ Com- mission failed to follow the procedure laid down by law in determining whether to eliminate the grade crossing, and the second, that the commission abused its discretionary powers in de- ciding to place an overpass at Lincoln avenue. Miss Simpson told the court that the commission never held a public hear- ing to determine whether the grade . crossing was dangerous or impeded pub- lic travel and consequently should be eliminated. The commission decided to eliminate the crossing and where the overpass would be located, she de- clared, and then held a public hear- Eg only to comply with the letter of the W, She called the court’s attention to testimony which she said proved that on June 24, 1929, the commission de- cided that the best location for the overpass would be at the site of the present street car bridge at the far west end of Kensington. She said that the testimony indicates that after re- celvln? a letter from Maj. E. Brooke Lee of Silver Spring, urging the over- pass location at Lincoln avenue, the He told the court is is re-| i | AFTER CROSS-COUNTRY RECORD Stanley Boynton, 18-year-old Maine flyer, started for the West Coast from | Rockland, Me., on an endeavcr to set a new junior transcontinental flying record. | commission decided to locate it at the latter site without any further hear- ing or consideration. Says Board Acted Illegally. Mr. Oxley argued that the State Roads Commission acted illegally in that it delegated its discretionary powers to H. D. Williar, chief engineer, who actually made the decision as to whether the grade crossing should be eliminated and where the should be placed. In closing the argument for the plaintiffs, Mr. Smith pointed out that the whole matter and make a deter- mination on the evident and important facts before it instead of acting ar- bitrarily and geing through the pro- scribed legal procedure merely as a for- | mality. e Capt. Cissel argued that every re- quirement set down by the court in the temporary injunction has been com | plied with. He said thes proper steps as outlined by the court were the hold- ing of a public hearing after public notice, which was done on December 13, 1929; a determination on the evi. dent and important facts brought be June 6, 1930; the filing with the Mont- gomery County commissioners of the elimination plans and notice that work was about to commence, and public no- tice that bids would be received, which was_done. The attorney for the defendant laid considerable stress on the point tha many of ths witnesses called by the plaintiffs testified favorably to the de- fendant and that the plaintiffs are bound by their testimony. He criti- to prove the suspicion that undue in- fluence was exercised on the State Roads Commission.” He told the court the principal ques- tion was not whether the commission had acted wisely, but whether it had acted honestly. | The estimated budget of the Hong | Kong government during 1931 is placed at the equivalent of $12,500,000 in American money. * overpass l ARMY ORDERS | Maj. Herman S. Rush, Dental Corps, jat Fort Eustis, Va. has been ordered | to Hawail; Capt. John H. Gardner, jr., Signal Corps, from the War Depart- | ment to Forth Monmouth. N. J.; Capt. William H. Murphy, Signal Corps, from Fort Monmouth to the War Depart- i ment: Capt. Aubrey I. Eagle, Air Corps, at Langley Field, Va., and Cap'. Her- man G. Halverson, Quartermaster | Walter Reed General Hospital; Capt. | Ralph B. Watkins, Infantry, from the | Philippines to Plattsburg = Barracks, N, . Y., Chaplain A. T. F. Nowak, from | Fort Warren, Wyo., to_the Philippines; ' | Chaplain Joseph R. Koch, from the | Philippines to Fort Warren, Wyo., and | First Lieut. Edward W. Kelley, Infantry, {from Hawail to the University of Oregon, at Eugene. | ~The President has accepted the res- | ignation of Col. Lucius H. Holt, pro- | fessor of English at the West Point Military Academy. He is from Kan- as, a graduate of Yale University. and fore the commission, which was done | has been a member of the academic | staff at West Point since July 1910. | Lieut. Col. Herbert S. Willlams, Ve! | erinary Corps, at Carlisle, Pa.: Maj | Daniel J. Hayes, Medical Corps, at San | Prancisco, and Capt. James E. Allison. Infantry, at Joplin, Mo., have been ransferred to the retired list of the Army on account of disabilities incident | to_the service. | Majs. Charles C. Hillman, Hugh W Mahon and William S. Culpepper, Med- |ical Corps, at Walter Reed General | cized the whole conduct of the plain- | Hospital, have been appointed members ' tiffs' case as “an unsuccessful attempt |of 3 board to examine certain medical |the accident, officers for promotion, and Majs. C. C. Hillman and R. Arnest, Medical Corps, and Majs. George H. Koon, J. E. Behney and Capt. P. T. Carter, Veterinary Corps, at the Army Medical |saw the burning headlights of the of Field Artillery, War Department, is Center, this city, have been appointed a board to examine officers of the Vet- erinary Corps. Charleston, 8. C., has a library founded in 1748, and a museum begun lin 1773. AAUDITORS AT ODDS IN ORPHANAGE CASE One Says Defendant Owes Institution, While Other Reverses Claim. By the Associated Press. RICHMOND, Va.,, November 1.—An| auditor testified in court here that not| only does James P. Jones, being tried | for embezzlement while treasurer of the Virginia Methodist Orphanage, not owe the orphanage anything, but that the orphanage owes Jones $24,101.52. The testimony of the witness, J. M. | Culbreth, followed closely that of F. L. Worcester, another auditor; that Jones had failed to account for more than $37,000 of orphanage funds. Jones, a member of the State Legislature, is charged with embezzlement and larceny totaling $37,976.40. Answers Defense Attorney. Culbreth’s statement was in reply wl a question by M. J. Fulton, defense al torney, as to the result of Culbreth’ audit of Jones' records as treasurer of | the orphanage dating to August 6, 1930. “At the close of business on_ August , 1930, the trustees of the Virginia | Conference Orphanage of the Methodist Episcopal Church South owed Mr. James P. Jones $24,101.52,” the witness | replied. | He explained that this amount in- cluded two settlements made by Jones with the trustees, one on July 1, 1930, | in which he paid them $14,680.87, and | | another on August 6, in which arrange- | ments were made for a payment to the | trustees of $23,011.78. Worcester had | testified that a shortage of $37,976.40 | remained in spite of the settlements. First Defense Witness. Culbreth, who said he was a certified public accountant registered in Virginia | |and North Carolina, was the first de- | in order to comply with the law the | Corps af New York City. have been |fense witness to testify since Jones'| commiseion must actually reconsider | oradred to this city for treatment. at | trial began, Tuesday. He was engaged, | he said, by Jones on August 12. | During Jones' incumbency as treas- | urer of the orphanage, from March 12, | 1926, to June 17, 1930, he received a total of $1,126,172.86 in orphanage funds, Culbreth testified. Durfilg the | same time; he said, Jones paid out for | the orphanage $1112,581.73, which, added to the $37,692.65 included in the | two sottlements, made $1,150,274.38. | This, the witness said, left the orphan- | age owing Jones $24,101.52. | | KILLED IN AUTO C_RASH | | John Edmunds, Halifax Cnunty," | Found in Car in Ravine. | [ | Special Dispateh to The Star. | _DANVILLE, Va. November 1.—John | | Edmunds, 32, of Halifax County, died | |at Memorial Hospital 'yesterday nfl»er-l {noon from injuries sustained during the | | previous night when his automobile | | plunged down an embankment near | Chatham. | Edmunds was alone at the time of | which apparently was | about 1 o'clock. From appearances the‘ |car had rolled over at least seven | times. Allen Davis, returning from an | opossum hunt, was attracted when he | wrecked car in the ravine. | — — Stanley Noble Crooks of Newcune.‘ England, who ate the food intended for | | his four little children after refusing to | | take a job offered him, was sentenced to ' four months' hard labor. | door. FIRE IN MARKET Slight Blaze Fails to Interrupt Sat- urday Trading. A brisk Saturday trade went on as usual at Center Market shortly before noon today while firemen extinguished a small blaze which originated in the rear of the store of George K. Cha- conas & Co., at 924 Louisiana avenue. Firemen estimated the damage to build- ing and produce at about $200. TWO AT GALLINGER FLEE BAREFOOTED Deciding to Return Home, Children, 10 and 9, Walk More Than Mile. Virginia Deavers, 10 years old, and | her brother, James, a year younger, were none thc worse today from a bare- | foot j~:nt of more than a mile which | they accomplished Wednesday night, when they decided to run away from Gallinger Hospital and return to their home at 322 C street southeast. The youngsters were admitted to the hospital Monday for observation as suspected tuberculars. Active and more | than a little restless, two days of con- | finement wearied the children, and they decided to leave. They departed shortly | after 5 o'clock, when the nurses were having dinner and only a few remained | on duty. Clad in Night Attire. Virginia, clad only in the hospital' regulation night attire, and James, dressed in the same way, joined hands |and slipped from the big ward. They made their way unobserved along the corridor, down a flight of steps and out the door. They hurried along barefooted,, bare- headed and apparently unobserved until at last they reached the Deavers' front Their mother, Mrs. Della C. Deavers, was surprised to hear a persistent rap- | ping about 7 o'clock Wednesday night, | and more than surprised when she went ' to see who was on the front porch. No Symptoms Are Found. The examination which the children underwent at the: hospital disclosed nothing tubercular in the two days they were patients. It was fortunate, how- | ever, that the light drizzle which fell | Wednesday had terminated several hours before the children set forth. Both are susceptible to colds, their | mother said. Mrs. Deavers was undecided today whether to send the children back to the hospital or keep them at home. “If they like it here that well,” she said, “maybe they ought to stay.” Co.mminioned in Reserve. William J. Turkington, 1513 Thirty- third street, this city, has been com- missioned by the War Department, a x&pflln in the Reserve Corps of the rmy. — Gen. Bishop on Tour. Ma). Gen. Harry G. Bishop, chief| | making a personal inspection of fl:l:; activities of Field Artillery, R. O. T. C.| units at Cornell University, Culver Mil- | itary Academy, the University of Chi- cago, the Towa State College of Agri- culture, the University of Illinois and Purdue University. WoobDwARD & LOTHROP 10" 11™™ F anD G STREETS | have been supported altogether by the HAVANA TOEXPAND AS GAPITAL CITY Federal District Created o Aid in Development of ) Cuban Metropolis. d § v 4 & By the Associated Press. HAVANA, October 31.—Havana, one of the oldest cities in the New World, is to lose its municipal identity to be- come a federal district much like the District of Columbia. Already following closely the pattern of government inthe - United States, Cuba on February 24, 1931, -will lend new emphasis to the parailel. ) Legislation for abolition of the municipality and the creation in its place of a federal or central district was adopted by the Auban Congress . May 20, 1928, at the same time that a number of other amendments to the constitution were enacted. Cubs, since the inauguration in 1935 of Machado administration, has been striving to brlnf ‘Havana to greater inter- national prominence through creation here of a sort of New World Hague fot the adjudication of pai-American afe fairs, and it was with this program iy mind that Congress favored I tion placing control of the city under feds eral authority. J It was explained at the Cuban em= bassy today that the constitu amendment meking a federal district . out of the City of Havana was decided upon aftér many years cf conflicting authority in the city, which made ab- solute federal control desirable. Some of the municipal agencies of Havana, such as the schools. it was pointed out. federal or central government, while the police have been sup%fifl.’d on the half< and-half principle, the federal govern: ment and municipality sharing g‘ - pense. The result was not only to much of the financial respo upon the federal government without commensurate control of municipal ac- tivities, while the political attendant upon election of m officers were felt to be undesirable. The change will make of the city of Havana a district comparable, in some degree, to the District of Colum-~ bia. The great difference between the two, however, will be that the citizens of Havana will retain their voting status in national and provincial elections, but the political municipal government will, be abolished, vesting entire control with the federal government. The Federa: Government will con= tinue its support of the important muni- cipal functions, exacting a portion of the expenses from the citizens of Ha~ vana, but at the same time will enlarge its contributions in the upbuilding of - the national capital. The abolitior of municipal control, it was_stated, aside from the undesirable local political conditions, was taken with. ¢ the idea of building and beautiful Cuban Capital City. PEEYSRER T BHS o RedE o PR Unlicensed money lenders in have been exposed as charging as 180 per cent interest. ] Just Think of It— * Star delivered to an November Silk Selling—Begins MOnday 9:15 Thousands of yards of the leading Fall-Winter Silks go on sale in this Annual Event— priced very much lower than usual. All Woodward & Lothrop high quality sik priced lower than like qualities have been in years. BSnxs, Szcowp Froom. Pillows Make a Room A Feature Assortment at For the Boudoir—Embroidered celanese boudoir pillow with flounce. Round, square and half-round shapes. Pastels, $1.95 each. For the Living-Room—Rayon brocade and moire pillows with fringe trimming. In green, rust, rose and gold, $1.95 each. For the Boudoir—Two rayon moire and brocade pillows tied with satin ribbon. In green, rose, gold and orchid, $1.95 each. ArT EMBROIDERY, SEVENTR FLOOR. Each yard offers substantial savings Vanity Fair Underwear at New Low Prices ‘On Sale for First Time—Monday at 9:15 Your desire for rosepetal softness and sleek, suave lines in underthings may be gratified with no rfl results to your budget, for Monday morning you can buy famous Vanity Fair underthings at these new low prices. Silkense Underwear Regular Sizes Briefs Step-ins (Vantie) . Bloowwews. . ...... Nan Chemiye ... .0, SiLk UNDERWEAR, THIRD FLOOR. Extra Sizes $3 $3 $2.25 $2.65 $2.65 $1:65 Bemberg Un Regular Sizes $1.50 $1.50 $1 $1.75 Pantiew:. ... .. .80 Bloomers NERE . Combination Suits Ones-all Brassiere Combinations .. KNIT UNDERWEAR, THIRD FLOOR. derwear Extra Sizes $1.75 $1.75 $1.25