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WEAT HER. (U. 8. Weather Bureau Forecast.) Cloudy tonight and tomorrow, prob- ably becoming threaten! warmer tonight with about 40" d ing; somewhat lowest temperature egrees, Temperatures—High- est, 52, at 3 pm. at 6 am. today. 1l 3 lowest, 30, Teport on page 9. Closing N.Y. Markets, Pages13,14 & 15 he Foening S Entered a: post office, No. 31,597. Wa PARTY ALIGNMENTS IN TANGLE AS 1330 CAMPAIGN CLOSES Hoover Is Real National Is- sue—Results Are in Warm Dispute. second class matte hington, One Dies, Another Il After Drinking Denatured Alcohol Landlord’s Friend Man- ages to Hide Part of “Liquor.” D; C. Edward Harris, a middle-aged man bent by physical infirmities, paid a call on Edward Warnock and John Pickett in a room he had rented the men at 1303 Wisconsin avenue, in Georgetown, last night and observed that both were drinking denatured alcohol, the raw WASHINGTON, FRANCE WILL YIELD ONNAVAL PARITY IF ITALY TAKES OFFER Equality in Mediterranean Conditioned on Adequate Force Elsewhere. D. C, MONDAY, VAREAS BECONES PRESOENT IN I N REGEL REEIE Dissolution of Congress of Brazil Expected as One of First Acts. NOVEMBER 3, 1930—THIRTY-EIGHT PAGES. service. L L] The only evening in Washington wil Associated Press news per the Saturday’s Circulation, 110,570 Sunday’s Circulation, 1 TWO CENTS. WARRANTLESS RAID UPHELD IN OPININ BY JUSTICE MARTIN Kitchen of Groce Restaurant, Where Liquor Was Seized, Ruled Designed for Public. stuff used in automobile radiators and cleaning. Later he sent Arthur Shoe- maker, who rooms with him at 3118 M street, to take as much of the stuff from PREDICTIONS AGREE COLONIES’ PROTECTION |TAKES OFFICE MONTH DAYTIME INVASION UPON G. 0. P. LOSSES| National Radio Appeals to Close Fight—Final Attacks Center on Debatable Territory. BY BYRON PRICE, Assoclated Press Staff Writer. ‘The political campaign of 1930 came to its final pre-election pause today with party alignments still in a tangle, and the result warmly in dispute. ‘Tamorrow, as the Nation becomes one vast polling place, the voters will write the answer, electing the full membership of the House of Representatives, one- third of the Senate, governors in 32 States and hundreds of lesser officials in county, ward and township. i Hoover Made Issue. How far the returns will go, also, foward solving the riddles propounded to the electorate in the criss-cross q( party appeals, must remain for time to tell. Both Republicans and Democrats have made President Hoover the issue tionally, especi their discus- | e e Pagineas deciine. the tarit and farm relief. But other considera. tions, notably the dispute over prohibi- tion, have added local complication: In one respect alone did today’s lust- minute prophesies agree. Th.cy all fore- saw a recession of the Republican tide which rose so high in 1926 a scaling down of the present over-g own Repub- lican majorities in Congress. Rival Claims Clash, Closing up shop after one of the most determined cam] they ever waged p‘wkol the Demo- ate majority -lmu:, it not entirely, to vanishing point. The Republicans, declaring their final d reports showed an eleventh-hour trend in their favor, claimed control of both Senate and House, but by the re- duced majorities which often fall to the lot of the party in power in the off years. . Democrats Stage Raids. in more than half of the 32 elect Governors tomorrow iques from party both sides claim- “territory of the coun- Massachusetts . While every State but Maine, which elects in September, will vote for mem- f the House, the listed as really debatable number something less than 100 out of the total of 435. In these districts the t the major force of their attack has fallen on Ohio, Indiana, Kentucky, West Virginia and Missouri. Radio Talks for Finale. Similarly, the Democratic expecta- tions in the Senate rest principally on less than a dozen contests out of the 35. They have made especially deter- mined attacks in Massachusetts, Okla- homa, Ohio, West Virginia, Kentucky, Iliinois and Rhode Island, and during the closing days of the campaign have turned particular attention also to Minnesota and South Dakota. ' In a few localities, active campaign- ing continued, and both of the great parties planned to make a final bow to the national electorate in radio speeches tonight. The Republicans will present James Prancis Burke, counsel for the National Committee. The Democratic valedictorians will be Jouett Shouse, ‘who as chairman of his party's Execu- tive Committee, captained its Washing- ton headquarters, and Senator Robinson g{e AX':I , Democratic leader of the nate. Candidates Wait Results. Gov. Roosevelt of New York and his Republican opponent, Charles H. ‘Tuttle, closed their campaigns Saturday night. Gifford Pinchot was holding a final round of conferences in his effort | to stem defections from his Republican candidacy for the Governorship of | Pennsylvania. Senator Borah was on | his way back to Idaho. after a cam- | paign swing into Nebraska on behalf of | Senator Norris. In_Illinois, James | Hamilton Lewis and Ruth Hanna Mc- | Cormick indulged in a few last words on | the subject of a much desired Senator- ship. President Hoover went ahead with his accustomed task at the White House, | having nothing to say about politics. CHICAGO. November 3 (#)—Two more hoodlums. Frank Smurlo, 21, and | mooth” Sierza, 35, have fallen | my bullets. The pair, de-| polic: as minor figures in Chicago's underworld, were shot to death early yesterday in a spcakeasy on the Nerthwest Side. | The police speculated on th: theory | that they were killed by members of a | ganz whose liquor trucks they preyed upon, or that a gambling fight or rob- | bery might have been the motive the men as he could. Shoemaker was able to take a quan- tity of the alcohol and hide it. Harris had told him it was poisonous to drink, and Shoemaker saw some evidence of it in that Pickett was ir. bed and War- nock apparently unconscious. “He's hu&e‘? Pickett said. “Don’t bother Found Body on Floor. Early this morning Pickett walked the two blocks to Harris' living quarters to tell him “Joe wants to see you.” Har- ris went along with him. ~He found Warnock lying on the floor. He prodded the body with his foot and decided the man was dead. Then he went to No. 7 precinct station. The fire rescue squad and several policemen_hastened to_the _third-floor (Continued on Page 2, Column 8.) WOODS SHOWS OST OF BULDING CUT Unemployment Relief Head Points Out Economy of Construction Now. By the Associated Press. es compiled to show the eco- nomic advantages of immediate public construction were issued today by Chairman Woods of the President's Employment Committee to support his appeal for increased Federal, State and munieipal building. AIM OF PARIS PROPOSAL Solution of Rivalry Between Na- tions Put Forward Tentatively in Official Circles. By the Assoclated Press. PARIS, November 3.—France will agree to parity in naval tonnage with Italy in the Mediterranean, it was said in official circles today, on condition that Italy will allow the French to have sufficient tonnage stationed elsewhere to protect communications with the colonies, 1t is calculated here that France must have 140,000 tons for any eventualities in the Atlantic Ocean, while it can take care of its colonial routes with 100,000 tons. This, it was said, was only & prospec- tive hypothesis, but might take the form of a definite proposal at an opportune moment. GIBSON FINDS TASK IN ROME. Concessions of Both France and Italy Are Sought. BY WILLIAM H. STONEMAN. By Cable to The Star. ROME, Italy, November 3.—Ambas- sador Hugh S. Gibson’s numerous con- versations with Italian officials here during the last few days have been given over to a single purpose: To con- vince the Italians that the French are really not as bad as they seem to Italian eyes and to persuade them, with that thought in mind, to resume im- mediately negotiations for naval parity. Before coming here Mr. Gibson spent Because of present cost levels it was estimated a saving of 9 to 20 per cent would be gained by building now, in addition to the beneficie] effect on un- employment. At the same time, Woods announced the appointment of two more men to the directing staff of his organization for the relief of suffering among the Jobless, Virginian Appointed. Frank Bane of Richmond, Va. State commissioner of public welfare, was msl‘. director for the nine tes. James 'C. Lawrence, dean of admin< istration of the University of Minnesota, was appointed to act in Wi as “a clearing house for regional direc- tors.” Dean Lawrence arrived in Wash- ington today. The chairman today received a tele- gfim from John W. Flynn saying Gov. llips of Arizona had appointed him cnairman of the State Committee on ‘Unemployment. Flynn said volunteer agencies were being established in every community to register the umloyed and that other voluntary committees were being appointed to devise new means of em- ployment. Meanwhile Woods' office issued an appeal and warning from Miss Grace Abbott, chief of the Children’s Bureau, that relief must be accelerated to pre- vent suffering among the children of the unemployed. Cut in Costs Shown. Col. Woods said he had obtained his figures to indicate substantial savings to taxpayers on public works projects at this time from a survey made at his request by the Commerce Department Division of Public Construction. He reported that present bids on construction at points east of the Mis- sippl averaged between 14 and 15 per cent below estimates for 1929; with the decrease greater on smaller buildings than on projects of major size. Reports from Army officials, he said, showed decreases averaging about 10 per cent per cubic foot in the cost of residential construction between 1929 and 1930. Decreases in the contract costs for dredging, levees and other river and harbor improvements ranging up to 44 per cent also were reported. Road Expenses Lower. The Bureau of Public Roads, Woods added, had submitted data on unit costs for PFederal Ald road-building projects, showing costs to have decreased 10 to 15 per cent. He also quoted figures complied by the Standard Statistics Co. to show the cost of securing money had come down to such an extent that the same ex- penditure of interest last August would | pay_for 8 per cent more money than in_September, 1929, Woods said it was planned to divide the country into six or seven major divisions to facilitate relief work. So far, regional directors have been appointed for only two of these divi- | stons. Fred C. Croxton_of Columbus, (Continued on Page 2, Column 4.) Enlistment of Jobless Urged. NEW YORK, November 3 (#).—The suggestion that unemployed men it for military service be invited to enlist in the Army for one year was telegraphed to President Hoover today by Julius Hochfelder, captain in the Army Re- serve Corps. He proposed that such men could learn a skilled trade during their period of service. -IRATE WIFE SMASHES WINDOW TO GET HOME ROW INTO COURT Husband on Rampage Over Purchase She Made, and Police Had Done Nothing About It. By the Associsted Press. DETROIT, November 3.—Patrolman | Vern Potter strolled into Bangor avenue just in time to see Mrs. Joe Bekes! heave a Diock of wood through | the window of a laundry truck. ‘Hey, lady, you can't do that!”| Potter yelled. | “You saw me do it, didn't you," an-| swered Mrs. Joe Bekesi. “Ill t:ll"” to jail, that's what, ] e you i W sald Patrolman Potter. Mrs. Bekesi. .z And off they wen! “Pine! E “I've been trying to get in here for a week,” sald Mrs. Bekesi when the sergeant booked her for disorderly con- duct. “My husband pushed me all over the house because I bought a washing machine, and then he smashed the machine. Then he quit making pay- several hours trying to convince the French in turn that the Italians are not a bunch of cutthroats. Apparently he has accomplished his purpose. ‘There is no concrete result of Mr. Gibson’s visit here, but at least it is definitely settled that the French and Italians alike will go to Geneva in more open frames of mind than they have exhibited at any time since be- fore the London Naval Conference. As a matter of fact, a full agreement on the naval question might loom on the immediate horizon if only the heads of the governments were concerned and the ons aroused in the breasts of the French and Italian Blm‘“ did not have to be reckoned with. ble pos- icemaker in the Pranco-Ital scramble, is sufficiently cautious not to discuss detalls of conversations that he has had with the French and Italians. It is known, however, that every one with whom he has talked, from Andre ‘Tardieu and Premier Mussolini , has shown signs of weariness from the long word battle between the two coun- tries and an honest desire w come to an agreement. Mr. Gibson’s job is not to offer any concrete solution for the question or even to “render his good of ,” but simply to impress upon France and Italy the folly of a continued naval race. It requires even more than the tact and diplomacy of a man such as Mr. Gibson to compromise the Italian thesis of parity with the French demands for a 7-to-4 ratio of superiority over Italy. On the other hand, these much talked- of demands assume much less impor- tance than was once attached to them when it is realized that Italy wants and can use only theoretical parity with Prance. If the French are willing to make a concession of paper parity to Itallan pride and the Italians are willing to make some concessions in actual ton- nage to France, still without making it appear they have made a sacrifice, the Geneva meeting this week may yleld results. French and RMalian politicians must appease the very people whom they have excited and it now appears that they are anxious to do so. (Copyrizht. 1930 GERMANS SEEK PARLEY END. Delegates to Ask Close at Geneva in Interest of Full 1931 Session. By the Associated Press. BERLIN, November 3.—So far as Germany is concerned the session of the Preparatory Disarmament Commission " (Continued on Page 2, Column 7.) Local Preferenc Local retail merchants in all lines of business not only prefer The Star, as their principal medium of adver- ising, but they use it in ex- s of their combined ad- vertising in all other Wash- ington newspapers. The Star carried in Sep- tember a total of 1,339,713 agate lines* of local retail display advertising—an ex- cess of 235000 lines over the combined total of the other four newspapers of Washington, Only through careful reading of advertising in The Star can you be fully aware of offerings of local merchants, *PFigures from Media Records, Inc. Yesterday’s Advertising (Local Display) ments on our house. He got worse and worse. I called up the palice two or “Whatll you | three'v.lmel, but they told me to take [ T 2 just and here I’ am.” things up, so I get into court, s her over to the women' on, promised a hmmug-ummwmunu the ‘household. < The Sunday Star 2d Newspaper . 3d Newspaper. s, 96,370 ...42,745 ..37,156 Total ERSBE...... 79,901 AFTER REVOLT BEGAN Asked if He Will Be Dictator, He Says “Discretionary Powers” ‘Will Be Used. By the Associated Press. RIO DE JANEIRO, November 3.— The path of revolution led today to the presidency of Brazil for Dr. Getulio Var- gas, insurgent generalissimo and head of the country’s Liberal Alliance, chief opposition party. His inaugural as provisional President, Just one month after inception of the revolution, which nine days ago brought deposition of President Washington Luis, precedes by less than two weeks the day when Dr, Julio Prestes, now a refugee in the British consulate at Sao Paulo, was to have assumed office for a regu- lar four-year term. Dr. Vargas, who opposed Dr. Prestes in the national elections, claimed that the election of his opponent was fraud- ulent and that ballots cast for him were not counted. ‘Will Dissolve Congress. Asked whether he would govern as a dictator, Dr. Prestes replied that he would be President “with discretionary powers,” and said that he would dis- solve Congress at once for an indefinite term. Capt. Juarez Tavora and other revo- lutionary leaders all have approved Dr. Vargas’ selection for the presidency and have approved his program, which is largely that of the Liberal Alliance. Rio de Janeiro newspapers have asked that a popular fund be raised to pay off Brazil's foreign debts. Although the proposal is only several days old, money is pouring into the fund daily. Cabinet List Indicated. Dr. Vargas spent the day in consulta- tions regarding his cabinet. Although no official announcement has been made, it appeared that the following would be the line-up: Foreign minister, Dr. A. de Mello Franco; interior and justice, Osvaldo Aranha; finance, Jose Maria Whitaker; agriculture, Assis Brasil; public works, Gen. Juares Tavora; war, Gen. Leite Castro, and navy, Admiral Isaias No- ronha. Dr. Mello Pranco was named minister of foreign affairs in the ministry set up by the military junta in_ Rio de Janeiro last month. The ‘mem- bers of the cabinet also were actively conpected with the successful revolu- tion. Aranha is a Liberal from Rio Grande do Sdl, where the revolt had its origin. Gen. Tavora was in command of the northern insurgent army, while Gen. Castor also commanded an in- surgent force. WASHINGTONIAN HURT BY HIT-AND-RUN CAR Now Believed Dr. C. F. Goddard, Injured in Sudbury, May Have Skull Fracture. By the Associated Press SOUTH S8UDBURY, Mass., November 3.—Dr. Cyrus F. Goddard, 49, of Wash- ington, touring the country for the United States Department of Labor, suffered a possible fracture of the skull here today when struck by an automo- bile, the driver of which sped away after the accident. Dr. Goddard was removed to the Marlboro Hospital. It was said at the Labor Department today that Dr. Cyrus F. Stoddard, an employe in the Bureau of Labor Sta- tistics, was on vacation and in the be- lief that it was he who suffered an accident at South Sudbury, Mass., officials wired the Marlboro Hospital there this morning. Dr. Stoddard, who resides here at 4312 Fourth street, left on a week’s leave several days ago and had not communi- | cated with the bureau. CANNON IS BETTER M. E. Bishop at Hospital Remains in Serious Condition. Dr. R. Lyman Sexton said today the condition of Bishop James Cannon, Jr., remained serious, but that there was no_immediate danger. The physician said the inflammatory arthritis, which sent the Southern Methodist churchman to Sibley Hos- | pital, had been checked during the day and there was no change otherwise. The arthriiis was sald by Dr. Sexton to have spread previously to both arms and legs. The bishop was described as in “severe pain.” ELECTION In order that the people of Washington may have com- plete returns from the national election tomorrow, The Star will bend every energy in making its service comprehensive and interesting. Here are the high points: Bulletins by the great public address system at The Star Building, Eleventh street and Pennsylvania avenue northwest, Stereopticon screen, on which will be thrown bulletins, cartoons &nd interesting pictures, ¥ At 11: pm. The Star will go on the air over Station WMAL for the benefit of radio listeners, and the broadcast will continue until returns justify discontinuance. For those who cannot get to The Star Building or are not able to get the radio bulletins an elaborate telephone sys- tem has been arranged. If you wish to learn of the election trends you may call National 5000. Follow The Star and Get th? News . | fshermen four miles from the scene. | George Washington University and later | AN TMMIN THREE AMERICANS DROWNED IN CUBA Two Vice Consuls and Wife of One Die, Another Saved. Sharks in Bay. By the Associated Press. | HAVANA, November 3.—The body of Mrs. Lilllam Jackson of Englewood, | N. J, one of the three victims of a drowning tragedy in Matanzas Bay last night, was reported recovered today by Search continued for the bodies of John Tillotson Wainwright of New York, American vice consul at Matanzas, and Vice Consul Willlam I. Jackson of Havana, who were drowned when trying | to aid Mrs. Jackson. The presence of sharks in the vicinity caused some doubt that the bodies would be recovered. Saved by Wife. A third vice consul, Sydney Gest of Havana, barely escaped with his life in | a futile attempt to rescue the trio when | his wife found a long pole and wu'dl him to shore. P ‘The three vice consuls were spending | Sunday with their wives at Matanzas. Mrs. Jackson climbed to the top of & high cliff overlooking the bay. A sud-| den swirl of wind caught her and blew | her over the cliff into the bay. | Her husband, hearing her screams, jumped in after her, but in a moment | it appeared certain to those on the shore | that his attempt would be futile in the rough water. Wainwright then dove into | the bay, and for a moment all three could be seen on the crest of a wave. A moment later Gest went into the water also, but was soon exhausted with- out seeing the trio again and tried to get back to shore. He probably would have drowned too had not his wife pulled him out with the pole. | Rescue parties were got together by | the Gests, but the waves were running | high and attempts to find the bodies | finally had to be abandoned until today. | Both the Jacksons and Wainwrights had been in Cuba about a year. Wain- wright was soclally prominent in New | York. He graduated from Princeton in 1922 and last June married Miss Alice M. Cutts of Philadelphia, daughter of | Col. Richard Malcom Cutts. Both Were in Capitol. William I. Jackson was a student at in the employ of Government depart- ments here. John T. Wainwright at- tended the State Department’s Foreign Service School here. Jackson lived at 1333 Pifteenth street while Wainwright lived at 2017 O street. Jackson, a native of Waterloo, Il entered the Treasury Department as a law clerk after leaving college and also served in the War Department. He served in the Army during the World War, entering the foreign service in 1920. He was first a vice consul at Bahia and since was on duty at Montreal, Torreon and Agua Prieta before being assigned to Havana. He is survived by | a stepmother, Mrs, J. W. Jackson of Madison, Iil., and a brother, Henry P. Jackson of Waterloo. | Wainwright was the son of Mrs. Clement Biddle, 1829 Elancey _street, Philadelphia. A graduate of Princeton and Cambridge ~Universities, Wain- wright at first was an instructor at Princeton, entering the forelgn ser- vice in 1927. He was a consular officer | at Sao Paulo, Guayaquil and Havana. | Four Die in Bus Fiunge. ST. GALMIER, Paris, November 3 (#)—Four persons were killed and 19 injured today when a motor bus skidded from the road near here and plunged into a ravine. The identities of the victims were not immediately ascertained, RETURNS WILLIAM 1. JACKSON. —Harris-Ewing Photo. ‘SPITE-FENCE” LAW 15 HELD INVASION Justice Martin Reverses.Po- lice Court Fine Against D. J. Dunigan, Inc. ‘The “spite-fence” regulation of the District of Columbia, which forbids the erection of a fence on the dividing line between two pieces of property to the height of more than seven feet above the street level without'permission of the adjoining owner was declared today by the District Court of Appeals to work. a discrimination against lot owners whose lots lie above the street level and “unlawfully tends to invade the prop- erty rights of such owners.” The opinion was rendered by Chief Justice George E. Martin and reversed the action of the Police Court, which had imposed a fine on the D. J. Duni- gan, Inc., for refusing to remove a wall complained against by Henry F. Wood- ard, local lawyer, who resides next door to the home of the late David J. Duni- gan and who had not given permission for its erection. The properties are located on Woodland drive, Cleveland avenue and Thirty-second street. Regulation is Invoked. In November, 1927, the Dunigan firm applied to the building inspector for permission to construct a brick wall 7 feet high and 240 feet long, on its own property, and when it was nearly com- pleted in April, 1928, Mr. Woodard called attention to the fact that the wall was more than 7 feet above the street level and invoked the regulation, which had been adopted January 27, 1927, and which was aimed against “spite fences.” Dunigan was ordered to remove the portion of the wall that extended higher than 7 feet above the street level. The company refused, and the conviction and fine in Police Court followed. It was shown that the Duni- gan property was considerably above grade and that at some points the wall was more than 13 feet above the s level. “In our opinion” says Chief Justice Martin, “the regulation as thus con- strued and applied is unreasonable, arbitrary and unjustly discriminatory and the conviction based upon it should not be sustained. Under such regula- tion, for illustration, an owner of a building lot which is on the same level as the established street grade may be permitted to erect such a wall to the height of 7 feet above the foundation without first cbtaining the written con- sent of the acjoining lot owner, and if the lot level be 7 or more feet lower than the established grade the owner may be permitted to bulld a wall to the height of 14 feet or more without consent, but if the level of the owner's lot be 7 feet or more above the estab- lished ‘grade he cannot secure a permit to build such a wall to any height without first securing consent of the adjoining cwner.” No “Spite or Malice.” ‘The court suggests that it is unbe- lieveable that the Commissioners in- tended the regulation to be so applied, since there is no question of “spite or in the construction of the ‘The chief justice points out that, although a regulation may be lawful on its face and apparently fair in its terms, yet, if enforced in such manner as to work a discrimination against' & part of the community for no lawful reasan, such exercise of power will be invalidated by the courts. ‘The lots which brought about the enactment of the regulation, it is stated, were on the street level, and no pro- for properties whose G. U. STUDENT DIES AFTER POISON DOSE | Brother and Companions lg- nore His Boast of Taking Potion, Find Him Dead. Charles F. Brandler, 23, of Johns- town, Pa., a Georgetown University law student, living at the Clifton Terrace Apartments, Fourteenth and Clifton streets, early this morning held up a small medical box before his brother Robert and two friends and announced in a boastful tone: "‘.I"'vle taken this.” The box contained poison. The brother and friends paid no at- tention to the youth and a short time later went to bed. This morning, about 7:30 o'clock, Robert Brandler found the dead body of his brother in the bath room of the apartment they share. Coroner J. Ramsay Nevitt has had the Brandler youth’s body removed to the Morgue and will 1 an autopsy issuing a certificate in the death. Meanwhile members of the sg::d at p&léce headquarters are in- v cane: § According to member§ of the homi- cide squad, the two Branpdlers and two other youths, Peter Tonmer, who lives in the Clifton Terrace Apartments, and Charles Hommer, 3519 place, were having a party last night in the Brand- ler apartment. Police of the eighth precinct reported they had received a call from neighbors complaining of the noise coming from the apartment and had sent a patrolman to the apartment to_ warn the youths to make less noise. Following the visit of the’ policeman, members of - the homicide squad say, there was an argument among the youths, and during the argument Charles Brandler went to the bath room, stayed a few minutes and then came out, holding & small medicine box, and announced he had taken the con- tents. Refusing to believe his brother was telling the truth and thinking he was boasting, Robert Brandler, who is 28, and his friends paid no attention to Charles, retiring a short time later. STORM AGAIN DELAYS START OF DO-X FLIGHT Message Indicates Turbulent Weather in England and Hol- land for Another 24 Hours. By the Associated Press. ALTENRHEIN, Switzerland, Novem- ber 3—The Do-X, glant German air- plane, which intended to take off to- day for Amsterdam, en route to New York, was forced for the second time to postpone its departure because of a storm which raged over Western Europe. At 9:30 am. the Dornier Works an nounced that a message had come fro England indicating turbulent weather in Southern England and Holland for probably ¬her 24 hours. It was hoped that at 5 p.m. when new weather reports are expected, that it can be said definitely whether an attempt will be made to start the flight tomorrow. LINER GOES AGROUND NEW YORK, November 3 (#).—The liner Colombia of the Panama Mail Line went aground on the Staten Island side of the Narrows, at the entrance to New York Harbor, about 7 o'clock this | forenoon, but reports to the Coast Guard said neither the vessel nor its 58 passengers were in any danger. An effort to float the liner will be made this afternoon at high tide. It was grounded in a heavy haze while an ebb tide was running. The Colombia had come from San Francisco by way of the Panama Canal and Havana. BY 4 POLICE LEGAL Padlocking of Glassman Garages Affirmed in Ruling by Van Orsdel. A warrantless rald was upheld today by the District Court of Appeals, in an opinion by Chief Justice George RB. Martin. It was concurred in by Justice Charles H. Robb and by Alf A Wheat, chief justice of the Supreme Court, who sat as a member of the appellate tribunal in the absence of Justice Van Orsdel. The court afirmed the action of the Police Court, which had held legal & seizure of liquor by prohibition agents in the kitchen of a restaurant operated by Enos Groce in the basement and first floor of a five-story building. At the rear of the basement room was & small connecting room, which led to the kitchen; there was a table, but no chairs in this room. A stairway led from the room to the upper floor. Groce's attorney said the restaurang was located at 1305 H street. Four policemen, who were also pro- hibition officers, visited the premises in the daytime for the purpose of ascere taining whether intoxicating liquor was being kept there in violation of the national prohibition act. They Had no search warrant. One of them went into the basement restaurant by the street entrance and found no one in there at the time. He then went into the small room in the rear and walked to the kitchen door, which was and from there looked into the kite! He saw four bottles of corn whisky in the kitchen, which he seized and placed on the table in the connecting room, Claimed as Private. The proprietor appeared and claimed the liquor was kept for his private ‘While the defensam and n!l‘le moer were in the small room a man entered t‘l{’rfl :ked 5(‘;n'f:u:et fl:r a v o owing a 50-cent picce on the table. Groce, the oi)minn &yl, looked at the man “kind of funny” and after a while the customer changed his order to n;: of the small oy a appears from cess ta the room, from n"n.: Kl a table and from the conduct patron who treated it as a m&f room in the presence of the defendant with an order for a high-ball. It therefore appears that while the was standing in a public place he saw the bottles of liquor in the kitchen, to which he had access through the open. kitchen door. In these circumstances he was authorized to seize the liquor without a search warrant.” The court points out that law officers could make arrests for crimes committed in their presence, and without a search warrant could seize the instrument of the crime, and the fourth amendment to the Constitution forbidding unrea= sonable search and seizure is to be con- strued in conformity to the principles of the common law. This was held in the case (?1{- v’:crgg. A UAntudushu- in cu urt of Appeal ninth circuit. S Padlocking Is Upheld. The Court of Appeals in decision today by Justice Josiah H. Van Orsdel held that the action of Justide Wendell Phillips Stafford of the Dis~ trict Supreme Court in padlocking for one year two garages at 2101 Fourteenth strest and 1419 L street, occupied by vely by Francis W. Hill, sr., and Sherby, was not arbitrary but was ade= quately sustained by the evidence. The owners sought to give a bond future unlawful use, which was denied and they appealed. ’Frequent violations | of the ‘national prohibition law were (Continued on Page 2, Column 5 i . |GIRL ESCAPES INJURY FROM FALLING PLASTER |Jumps Back at Restaurant Just im Time—Cashier's Cage Pro- tects Another, A girl making pancakes on a stove in the front window of Child’s Restau= rant at 1338 New York avenue narrow= ly escaped injury today when a large piece of ceiling’ fell from above her head as she leaped suddenly out from under it to safety. The girl, Miss Lula Preston, by jumping around the end of her stove and up into a corner of the window. The cashier's cage saved the cashier, Samuel de Binber. The management insisted that no one else was under= neath the area of falling ceiling. After the first piece had falle bles and chairs were moved back into the rear part of the restaurant and the uni- formed attendants continued to serve food from behind the steam tables, when suddenly there was another crash and, accompanied by the screams of women, another piece of ceiling fell. NEW YORK U. FOOT BALL TEAM OFFERS TO PLAY TO AID JOBLESS Athletic Committee Suggests City Heads and Newspapes Men Pick Opponents, Date and Place. By the Assoclated Press. NEW YORK, November 3.— New York University today volunteered the services of its foot ball team for a post- season game for the benefit of the un- employed, the opponent, date and place of the game to be chosen by a commit- tee of city officials and per_men. After “Ch Al c te manager of atl vn‘lvmlty. 1ssued filvluiafflu nemp mmww? Thanksgiving tion, New York University gladly vole unteers the services of its foot ball team unemployed and suggests that a com-= mittee be formed by city officials and representative newspaper men to make the necessary arrangements, such as selection of the opponent, date and place of the game.” New York University, represented by one of the strongest teams-in the East, ends its regular season November 32 Ru and would be in a po= the benefit Saturday, Novem!