Evening Star Newspaper, November 24, 1930, Page 1

‘ WEAT! HER. *(U. 8. Weather Bureau Foreeast.) Cloudy, probably light rain Jowest temperat . Tem) 1ly 1 Sure o -Highest, 3 lowest, 37, 7:30 tonight; ir and much colder; ight about 38 de- hest, 60, at on page 9. _ Closing N.Y. Markets, Pages13,14 & 15 ' No. 31,618, TEN FILM CONCERNS RULED VIOLATORS OF ANTITRUST LAW Supreme Court Holds Exhib- itors Forced to Sign Con- tracts for Products. AGREEMENT VIEWED AGAINST COMPETITION Opinion Delivered by Justice M- Reynolds, With No Dis- " sent ‘Announced. By the Assoctated Press. Ten leading motion. picture distrib- utors suffered complete defeat in the Supreme Court today in their defense aguinst ‘charges of using methods in violation of the Sherman anti-trust law. ‘The uniform standard contracts and the credit systems enforced in leasing films to exhibitors were declared to be in violation of the anti-trust law. ‘The lower courts had held the stand- ard contract was in violation of the Bherman law because it required exhib- {tors to submit all disputes to compul- sory arbitration, " Protection Method Approved. ‘The credit rules and regulations, which required of theaters 1o assume unexpl contracts made by d‘hA:klavu courts as l'm proper megdz{ protecting the distributors. Jhl;!yllll&:l boards M‘!’: and handling 98 per cent of all motion pictures. Distributors Invoived. ‘The distributors involved in the liti- ition were: BOY, Mother Seid to Have Seen Acci dent, but Didn't Know Victim Was Her Son. Robert Downing, jr., 315 years old, of 306: B-styeet, died today at Emergency _Hospital two hours after he had been struck by a taxicab in front of home. . The youngster had been sent from hiz home by his mother to purchase a loaf of bread at a nearby bakery. As he was attempting to cross the street, according to witnesses, he ran in front fone 3t renne el ot 10T R st m, 21 years o and was knocked down. Mrs, at a window in her h-me is’ sald to have witnessed the accident, but did not know that her son was involved. He was taken to o enf or more mmh-u an hour before the mother Teached the hospital. The boy's father is a painter. Norton said he was erate rate of speed when suddenly from behind parked automo- biles on“rl l:efl-. between Third and ee SR e for to ve brakes on his cab tested. NETTLETON DOWN AS MOTOR FAILS Toledo Flyer, in Texas, Hardly Can Reach San Diego by Night to Complete Flight. By the Associated Press. ‘TUCSON, Ariz, November 24.—Ger- ald Nettleton, 20-year-old aviator seek- ing a transcontinental junior flight rec- ord, telephoned the airport here at 11:30 am. (M. 8, T.) today that he had| been forced by motor trouble to land at Benson, Ariz., en route from El Paso, ‘Tex., %o the Pacific Coast. Nettleton, youthful Toledo, Ohio, fiyer, left Midland, Tex. early today in his assault on the junior East-West flight reeorge‘ He l:hh;nleld to reach Ban Diego before n! all. Nettleton arrived at Midiand yester- day, stopping en route from Tulsa at Oklahoma City. Sweetwater and Wichita 3, HIT BY CAB, | he Fp Entered as second class matter post _office, Washington, D. C. WASHINGTON, D. C, Methodists Ready To Consider Better Enforcement Policy | Wets Are Told Such Plan Will Be Interesting to ard. The Board of Temperance, Prohibi- | tion and Public Morals of the Methodist Episcopal Church today announced “we are interested if the anti-drys ask a modification of method (in enforcing the eighteenth amendment) which will contribute te order and peace and the honor of Government.” At the same time the board, through | Dr. Clarence True Wilsony general sec- retary, deciared that “it is possible for consciidated groups, well financed and morally supported by men of community standing, 1o make it practically impos- sible for the Government to deal effec- tively with an illicit liquor traffic, con- trolled by gangsters and racketeers (Continued on Page 2, Column 5.) RECKLESS DRIVING DEFENDANTS RULED ENTITLED 10 JURY U. S. Supreme Court Decision Affects All Petty Of- fense Cases. The United States Supreme Court today upheld the decision of the Dis- trict Court of Appeals holding that a motorist is entitled t> trial by jury for the offense of reckless driving. The decision involves the right of all petty offenders to a trial by jury, & question much discussed in connection with pro- hibition enforcement. - The court emphasized in today's de- cision that the case upon which it acted involved not merely the offense of ex- ceeding the speed limit or merely with driving recklessly, but that it included the further charge of an act committed “so as to endanger property and in- t the District pessibility of the court's handing down a decision which would determine the course of Congress on the commission's TY " Colt case hingsd on whether reckless driving is a petty offense try- able without a jury, as contended by the District, or whether it is a serious of- fense, for which a person has the right to a jury, as contended by counsel for the motorist. The Supreme Court, in its written opinion, said: “An mwmnhue"ifltpomguy a ‘l‘llig; gerous y, as the appal number of fatalities brought about every day by its operation bear distress- ing witness. To drive such an instru- mentality through the public streets of a city so recklessly ‘as to endanger rty and individuals’ is an act of such obvious depravity that to char- acterize it as a petty offense would be to shock the general moral sense. If the act of the respondent described in the information had culminated in the death of a human being, respondent would have been subject to an indict- n‘l;nt for some degree of felonious homi- | cide.” Must Be Held Grave Offense. ‘The court concluded its decision with the statement that “such an act proper- ly camnot be described otherwise than as a grave offense—a crime within the meaning of the third article of the Constitution—and as such within the ?ommuuonu guarantee of trial by In the early part of the decision the court called attention to the details in terms of the charge that was placed against the defendant, and continued: “It will be seen that the respondent is mot chi merely with the com- paratively slight offense of exceeding the 22-mile limit of speed, subdivision (A), or merely with driving recklessly, subdivision (B1), but with the grave offense of having driven at the for- bidden rate of speed and recklessly, HYDE ASKS POWER OF REGULATION OF GRAIN EXCHANGES Farm Leaders Study Relief Problems and Tactics for Stabilization. SOVIET SHORT SELLING TOPIC FOR DISCUSSION Senate Committee Sifting Proposals in Effort to Formulate Short Session Legislation Moves, BY G. GOULD LINCOLN. The prebism of farm relief was tackled today by the Senate Committee on Agriculture, in conference with Sec- retary Hyde of the Department of Agri- culture, Chairman Legge of the Federal Farm Board, Vice President Stone of the board and the heads of the big farm organizations. ‘The most definite recommendation made so far at the conference was ad- vanced by Secretary Hyde, who pro- posed that the Federal Government through the Department of Agriculture be given authority to pass in some measure upon the rules adopted by the grain and cotton exchanges of the country. Sessions Are Secret. The conference today was held be- hind closed doors, but it is understood that Secretary Hyde told the committee members that the Department of Agri- culture today is without authority necessary to deal with the grain ex- changes and the cotton ex . Both Chairman Legge of the Federal Farm Board and Secretary Hyde told the committee what the Government has been doing since Congress closed to aid the American farmers. Chair- man Legge pointed out that the Amer- ican grain market, which means the Chicago market, y has a her price for grain than the Liverpool or Canadian market. He &ve the com- mittee the impression 't have improved materially so far as the American grain market is concerned. He did not indicate that it was the pur- pose of the Farm Board to buy more grain at this time or that the board was seeking to establish any particular set price for wheat and other grain. . Farmers at Disadvantage. : Secretary Hyde, discussing the of the grain exchanges and the ew' of these exchanges at it work to the advantage of the of the commodity. Attending the conference today are L. J. Taber, head of, the National tion; €. E. Huff of the Farmers' National Union, and of ‘the the: understanding that the conference represen! ives of [arm organiza- tions are expected to be heard from. (Continued on Page 2, Column 5.) TEXAS DAM BURSTS; SETTLERS IMPERILED Corpus Christi Water Supply May' Have Been Hit by Dyna- mite Blast. By the Assoclated Press. CORPUS CHRISTI, Tex., November 24—A torrent pouring through a 50- foot break in Mathis Dam, at Lovens- kiold Lake, today sent sheriff’s deputies and citizens in hurried search of im- periled duck hunters and isolated resi- dents in the Nueces River Valley. The level of the lake had fallen six feet a dozen hours after the break. An approach to the Southern Pacific Rail- way Bridge at La Fruita was washed out and highway traffic disrupted. The lake, 40 miles west of here, is the city's water supply. P. G. Lovenskiold of Corpus Christi, for whom the lake was named, said a court of inquiry would be organized as quickly as possible to determine the | cause ot the break, which occurred at noon yesterday. He suggested the pos- lll:&i;y that the dam had been dyna- mited, Reports from Fort Worth quoted S. W. Freese and Marvin C. Nichols, mem- bers of the firm which supervised con- struction of the dam, as advancing the theory that a slight shifting of the ;::hk's surface may have caused the Bishop Near Death. CHICAGO, November 24 (#).—Dr. Sheldon Munson Griswold, Protestant Episcopal Bishop of Chicago, was re- ported by his doctors last night to have suffered another decline. He was un- able to take nourishment. Hope for his recovery was given up nearly a month ago. but the elderly prelate has waged (Continued on Page 2, Column 2. a fight which has amazed the physi- clans. APPEARANCE OF “CORPSE CANDLES” Falls, Tex. He sald his total flying time was 16 hours and 7 minutes, from to Midland. NYE SENDS PROBE OFFER TO MRS. McCORMICK Would Have Special Senate Com- mittee Investigate Wire- Tapping Charges. B the Assoclated Press. Chatrman Nye of the Senate Cam- paign Punds Committee has made an offer to Representative Ruth Hanna dmhokwhlnlw‘:lr ON MAST TIPS FRIGHTENS SAILORS { Superstitious Tars, Scorning Scientific Explanation of Phenomenon, Recall San Francisco Fire of 1906. By the Associated Press. BAN FRANCISCO, November 24.— The appearance of “corpse candles” nightly on the mast tips and spar ends projec points and is said to be due the'spars and - the " purrounaing " - e 8 C - mu&l.mt. A mfichh glow can be seen at the point of discharge. . The phenomenon is common in the tropics, but rare in these latitudes. MONDAY, e ‘WITH SUNDAY MORNING EDITION 24, NOVEMBER 1930 —FORTY PAGES. #%% Associated (P) Means Associated Press. The only evening in Washington wil the Press Circulation, 112,062 Circulation, 120,457 TWO CENTS. JUST LET GEORGE DO IT! SPANISH FLYING HERO ESCAPES MADRID PRISON WITH FRIEND Maj. Franco, Facing Sedition Charges, Forces Window Before Dawn. Was Tremendously Popular as Result of Flight to Brazil. By the Assoclated Press. MADRID, November 24.—Maj. Ramon Franco, Spain’s premier aviator, who Friday was sentenced to eight months’ imprisonment for alleged seditious ut- terances, today escaped from the cell where he has been incarcerated for more than a month. transatlantic aviator, who is the (Continued on Page 2, Column 1.) BIG CLASS TOCUT_ NAVY COMMSSION Many Will Be Dropped Due to Inability to Find Posts for Graduates. By the Associated Press. ANNAPOLIS, November 24—With an unusually large class scheduled to graduate from the Naval Academy in June, and an insufficient number of posts to accommodate them, a large percentage of the graduates will not receive commissions, Cemdr. Donald Beary, alde to the superintendent, said today. Prior to 1890, this conditlon was com- mon at that academy, Commander Beary said, but has been more rare in recent years, with the average graduat- ing class in the neighborhood of 250. The 1931 graduates will number be- tween 435 and 440 of the present 450 enrolled, he said, and probably not more than 250 will be commissioned. Commander Beary saild the Navy is entitled to line officers equal in num- ber to 4 per cent of the enlisted per- sonnel, and the &ruent enlistment sets | the number of officers at 5,499. Deaths, | retirements, dismissals and resigna- tions during the past year have not been sufficient to clear the way for commissioning all of the present class. Those mem| of the graduating class who do not receive commissions receive a year's pay and are dropped from the service, Comdr. Beary said. The recent Disarmament Conference has nothing to do with the reduction of commissions, he added, as the pres- ent naval strength is below the level permitted by previous conferences. MISS NICHOLS HOPS FOR WOMEN’S TITLE Four Stops to Be Made in Radio- Equipped Plane Between New York and Coast. By the Assoclated Press. ROOSEVELT FIELD, N. Y., Novem- ber 24.—Miss Ruth Nichols skimmed off the ground and soared away to the West at 8:17 am. (E. 8. T.) today in quest of women's rm\l:’rd held by Mrs. Keith Miller of Aus- ‘ralia. The soclety aviatrix, flying & radio- equipped plane called the New Cincin- nati, planned four stops before reaching Los Angeles. She expected to touch to- day at Port Columbus, Ohio, and St. Louis and spend the night at Wichita, Kans. Tomorrow, if all goes well, she will halt briefly at Albuquerque, N. Mex., and then go on to the coast. Miss Nichols, who has ceveral difficult flights to her credit, hoped to better the 25 hours 44 utes’ flying e in which Mrs. Keith Miller recently made the East-West trip. BITES WOMAN'S TONGUE transcontinental flight | home MAJ. RAMON FRANCO. (PERATOR OF LIFT PLUNGES 10FLOORS| Badly Hurt in Fall After Cable Snaps on Elevator in Mather Building. Falling 10 stories ' when a -cable snapped on the elevator which he was operating in the Mather Building, ‘916 | to G street, this morning, John Caplinger, 35, 1224 Eleventh street southeast, a war veteran, was injured seriously. Caplinger was alone in the elevator at the time. Members of a fire rescue squad were forced to cut through the top of the elevator to extract him. Cap- linger, barely conscious at the time of his rescue, was administered hurried medical treatment and taken to Emer- gency Hospital, where he was reported to have received possible fractured pelvis and skull, cuts on the face and arm. Caplinger, according Harkrider, 513 H street, operator of an- other elevator in the building, had made several early morning trips and had just reached the top floor of the building when the accident occurred. “I was at the fifth floor at the time," Harkrider said. “I heard a crashing, scraping noise as the other clevator passed me apparently with tremendous speed. I hurried down, but the lift had crashed into the basement. I called police.” . Caplinger is married and has two small boys. Once before he was in- jured by the same elevator when about & year ago he sl as the lift started down and caught foot. In the Army during the Worild War, an attack of measles kept him from France. » Mrs. Caplinger declared that “bad luck has haunted our path for the past 10 years.” Two years ago she said her son Calvin, 5 years old, had three fin- gers amputated by an =x in the hands of his brother, who is 2 years older. They were living in Virginia at the time, 12 miles from a doctor. Caplinger has been employed at the Mather Building for a year and a half. to William | flood GALES AND FLO0DS PLAY HAVOC IN 4 EUROPEAN NATIONS Nine Killed, Hundreds Injured, While Property Damage Is Enormous. By the Assoclated Press. Furious gales accompanied by tor- |be served rential rainstorms lashed the European continent today, taking at least nine lives, inflicting serious injury upon hundreds, and wreaking havoc in France, Belgium, Germany and Austria. COMMISSIN.K.S THREE BULDNGS TOCISTS4SB000 $3,000,000 Structure Plan- ned at Seventh and Avenue May House Coast Guard. BIG CENTRAL HAE—ATING PLANT 1S APPROVED $12,800,000 Limit Placed on Cost for Extension of Department of Agriculture Project. Added impetus was given to the Fed- eral construction program in Washing- ton today when the Public Bulldings Commission approved three more proj- ects involving $14,550,000. They were: For a building, estimated to cost $3,000,000, on the apex of the triangle between Sixth and Seventh streets, Pennsylvania avenue and B street, to be used by the Coast Guard, or some other Government activities, to be de- termined later. For a central heating plant, estimated at $4,500,000, on the square bounded by ‘Twelfth, Thirteenth, and D streets southwest, to take care of the triangle group of buildings, and such other Gov- ernment buildings as are aiready con- nected by tunnel, or could be connected without great cost. Would Extend Building. To extend east and west the exten- sible buflding for the Department of Agriculture and increase in the limit of cost from $5,750,000 to $12,800,000 for the entire structure. Approval of these plans was an- nounced following a meeting of the commission this morning at ihe office of Senator Smoot, Republican, of projects submitted to Congress. It was stated that it may be found the central heating plant, uest would be made it of cost. More Space Allotted. m.m“nknnm "Belgium appeared to be the heaviest | Lory sifferer, Tor her low countryside was | tion ds from their homes to higl At Frie - shafen, home of the Graf Zeppelin, and throughout the Lake Constance region, hurricanes dfd tremendous damage. ‘The storm extended even to Spain, and at Corunna the German seaplane Doi);. b:;n unable to continue a flight The English Channel and waters along the coast of Europe were a con- shipping. Two steamships caught in the gale which swept the English Channel were almost driven on the rocky coast, but eseaped disaster under their own power after several rescue vessels, including a mfi cruiser, had gone to their aid. - The Greek steamers Triton and Taxiarchis got into trouble off Port- land, but ran clear of danger as the wind abated. Property Damage Enormous. ‘Thousands were made homeless in France, Belgium and Germany, prop- erty demage was enormous. Emergency measures appeared to be useless and the rains continued pouring down today. Paris was worried. High walls run the length of the city as a protection against floods, but the water was rising steadily toward the top of these em- bankments. The Marne Canal was a tangled mass of barges from which produce could not be unloaded. In the Seine dozens of tug boats were eaufnt between bridges because they could not pass under with the water at its present level. Like all ill winds, however, this one blew some good to the unemployed, who were impressed into service for the emergency as builders of temporary bridges and rescuers of the homeless. “ A terrific gale swept the Loire Valley today, leveling trees and unroofing houses. Many persons were reported injured, SEINE RISES 19 INCHES, Large Part of Paris Endangered—Viry- Chatilion Inundated. PARIS, November 24 (F)—A heavy rain _early today forced the Seine, e e ALTO DRVER HELD FORJRY N DEXT Killing of Miss Mary Kier- nan on Street. George Warren Graham, 29 years old, of 67 Rhode Island avenue, whose au- tomobile early yesterday morning killed Miss Mary Kiernan and seriously in- jured her brother-in-law, Harry Hei- berger, at Rhode Island avenue and V street, was held for the grand jury by & coroner’s jury today. ‘Testimony given by witnesses was con- flicting as to how long Graham stayed at the scene of the accident before leaving. John H. Sims, 222 Seaton place north- east, a taxi driver, was an eye-witness to the accident. He testified that Gra- ham's automobile was traveling at a rapid rate when it struck the two per- sons. He said the man was tossed to the opposite side of the street and that the woman was dragged along in front of the car for several feet before both the right front wheel and right rear wheel passed over her body. Goes to Ald Injured. Sims further told the jury that the driver of the car proceeded to the next intersection and then stopped. He said that he ran to the injured man and, turning as he did so0, saw the car which figured in the accident disappear from view. He said the automoblile could not have been at a halt for more than one minute. The testimony of Miss Alice Grace, 308 V street northeast, was with that of Sims. She testified that the man who drove the car figu in the accident stopped and got out of his car for about 10 minutes and then got back Queen Goes to Paris. LONDON, November 24 (#).—The Queen of Spain and her two daughters, who have been visiting here for several weeks, left for Paris today on the way ie. The Prince of Wales, the Span- ish Ambassador and prominent mem- bers of the Spanish colony bade them farewell at the station. —_— Radio Programs on Page B-10 “The Secret of Margaret Yorke” The Latest Novel By Kathleen Norris Begin this tender and mov- ing love story on page B-6 of Today’s ‘Star (Continued on Page 2, Column 8.) (Continued on Page 2, Column 3.) “YOUTH,” 75, WHO HIT “BOY,” 93, GETS REPRIMAND IN COURT “Boys Will be Boys,” Observes Judge Who Gives . Suspended Sentence. A" 75-year-old “youth” received a suspended sentence in Police Court to- day. for striking a 93-year-old “boy" with & piece of iron when Judge Isaac R. Hitt decided that both “had prob- shly entered second childhood, and Hn'ruy,!hl;:oynli”o:uol' Ivania ' ), ennsy) avenue, hobbled onto the witness stand and told Judge Hitt how his roommate, William 8. Walker, 75, had struck him over the head with an iron from a hat- thing hit me on the arm. I stooped w'zlck it up and this old man hit me with the iron 3 Y “I suppose he was mad with me be- fluuhnraellhllhlmlndmd him N ““Yes, sir; I hit him,” the 75-year-old man admitted. “A week ago he on my feet and I don’t even him now. TRIO GOES ON TRIAL IN SMITH COMPANY CASEDENYING GUILT Pitts, Anadale and Edward Accused of Conspiracy to Embezzle Millions. RECORDS DESTRUCTION PLOT ALSO IS ALLEGED Government Calls 120 Witnesses. Defense to Use About 50, Law- yers Indicate as Action Begins. Following pleas ef “not guilty” by the defendants, the trial of three former officers of the F. H. Smith Co., charged with a conspiracy to embezzle approxi- mately $5,000,000 of the company's funds and to destroy allegedly incrimi- nating records, opened today in District Supreme Court before Justice William Hitz. ‘The men on trial are G. Bryan Pitts, former chairman of the company’s board of directors; C. Elbert Anadale, former secretary, and John H. Edward, Jr., former vice lent, The defendants. who have been in Florida, were allowed to wait until to- :locyt::')lemwmec in the in- ent against them agreement of counsel. After Efin‘ for photog- raphers, Pitts and associates, sur- rounded by attorneys, entered the court room, where the formality of pleading was quickly disposed of. Dodds Reviews Case. Nugent Dodds, special assistant tc the Attorney General, then launched into an identification of the case for the benefit of the prospective jurors. He pointed out that the lndlemnm it had present defendants were among its offi- cers. ‘The Government , who will be assisted by Neil Burkinshaw, as- sistant Unil States attorney, then read to the prospective jurors a , which, pres ncluded ‘Wwitnesses to be by the & . Jz ll!n uu‘uu. ‘The nm7 Samuel J. Henry, former president o! the Smith Co., who was indicted jointly with the three- defendants, but later mnm--eunutrhl. ‘was not on thc Five Excused Outright. Action Follows Inquiry Into g.""’ also_sald (Continued on Page 5, Colunm 32.) POOL ROOM OWNER PLANS FOR THREAT WARRANTS Police Call Two Accused of At- tempt to Extort $15 “Rowdy Youngsters.” Pacuale’ Errico, Italian proprietor of & pool room at 539 Iin?th street southeast, said today he expected to take out warrants charging threats to men who, he said, attempted 15 from him Saturday night. freclnct police, however, sald they belleve Errico overestimates the seriousncss of dv.hheu aue.e;:ty threats against him an property. They say the pair in question are a couple of “rowdy youngsters” and have ad- d Errico, if he so desires, to get chary disorderly conduct. Prices Down A concrete example of the advisability of purchas- * ing now is shown in this tire price and quality com- parison : A tire of first quality and standard make, in a popular size, cost $9.50 18 months ago. The same size tire, much improved in quality, can now be purchased for $5.55. Read the tire or other automotive advertising you will find in The Star for similar examples of unusual buying opportunities. Yesterday’s Advertising Lines. (Local Display) _° The Sunday Star. .. appreciate . that they are now bene- . fiting from about 6,000 more circulation of The Star, both daily and. Sun- day, than two years ago.