Evening Star Newspaper, November 25, 1930, Page 4

A—4 a» HE EVENING STAR, WASHisu1UN, D ULSL bR 25, 1vsU. BENEFT FOOT BALL GOVERNWENTLOSES[ACCIDENTAL DEATH VERDICT TONNINGHAN CASE (52 2 TRAETS O S N T DEEISON o IS ADANED = three or four more “appearances’ Wldespread Distribution Sys- |Supreme Court’s Upholding of Decision in Philadelphia Puts tem Set Up for Marine- Community Property Law to Controversy on Road to Coast Guard Game. Cost U. S. $100,000,000. Supreme Court. More than $100,000,000 in back taxes will be lost to the Government through a decision rendered yesterday by the United States Supreme Court, which held that income from community prop- erty in the States of Arizona, Louisana, Texas and Washington may be reported for Federal taxation by the husband and wife separately. The controversy before the court was rooted in ancient | Spanish law. It was a sweeping defeat for the Gov- | ernment, which had contended such in- come must be reported in a single re- | turn by the husband alone. Back Taxes Involved. It had pointed out that with the tax | rate increasing in proportion to the ex- | tent of income, its revenue would be| much greater under the single return, If it had won, Government attorneys sald. the Treasury would be more than $100,000,000 richer through the collec- | tion of back taxes, filed in previous | years by husband and wife separately. The court ruled in en opinion by Justice Roberts, his first since his ap- pointment to the bench, that in com- munity property States whose laws give the wife a vested interest in the income from this source she is entitled to make Norton and the child were accom- out her own income tax return. California Law Different. that the husband bad management of | the property. The Government had no sound basis, he said. for its conten‘ion that where the property was under the | husband’s_contrcl he must file one re- | turn for the total income. He referred to a former decicion in | which the community tax law of Cali- | fornia was construed to permit the | Robert Downing, Jr., Lived Only Two Hours After Being Struck by Cab. ‘Wipes Out Habeas Cerpus. The Supreme Court recently ordeted | the case thrown out on a technical de- ficlency in the pleadings, and this se- tlon left Cunningham in the position of being under “a warrant for removal” to 'V‘Vllmn(km on the contempt indict- ment. Judge Dickinson expressed the - pre; ning' corpus giving him his liberty, but not disturb the original orde: mldedég Judge Dickinson for the sheriff's “re moval” to Washington. The court suj Little Boy, 3, Killed When He Attempts to Cross Street in Front of Home. "m‘“h‘ffi‘fifi&"‘;. November 25.— After a hearing in Federal Court yes- | terday before Judge Oliver B. Dickip- |Scited the proper procedure was for son; attorneys for the Government and | new writ. thus smi?xfé" the p'r';;e:g{ng'a the defendant were of the opinion that ‘ all over again, Tickets for the Marine-Coast Guard foot ball game to be played in Griffith Stadium December 8, for the benefit of | | the unemployed, went on sale today at numerous distribution points. -They are being 'handled at motion picture | theaters, hotels, ticket agencies and also by the Junior League, the Board o!| Trade and the Chamber of Commerce. | A wide distribution of the tickets is ' being sought in order to swell to the | utmost the resulting profits from the | k. game, all of which will be turned over | - to the Commissioners’ Unemployment | Rellef Committee, headed by Frederic A. Delano, Committee Meets. The committee in charge of the game met and discussed numer- ous details hav to_do with the en< tertainment of the large number of | service men expected to accompany the two teams to Washington. | ‘There will be about 2,000 Marines and | Coast Guardsmen here for the game,| and the committee is busy working on arrangements whereby the men \can get accommodations, transportation and entertainment at the lowest possible rates. C. Melvin Sharpe of the Wash- ington , Railway & Electric Co. and Robert Dougan of the Capital Traction Co. are making arrangements to take the two teams on sight-seeing tours after the game. Reduced Hotel Rates. A coroner’s jury this afternoon found a verdict of accidental death in the case of 3-year-old Robert Downing, jr., who was run down and fatally injured shortly after noon yesterday by a taxi- cab while running across the street near his home, at 306 E street. Robert's mother saw that an accident had occurred, but from her place in an | upstairs window could not tell her son was the victim. She was notified a half hour later, after the ¢hild had been re- moved to Emergency Hospital by the cab driver, Clarence Norton of 2140% H street. ‘While the mother hurried to the hos- pital, neighbors located Robert's father, 2 painter, working on & temporary job at Epiphany Church, on G street. Both parents were soon at the bedside of their son, who died about two hours after the accident. He never regained consciousness. ROBERT DOWNING, JR. panied to the hospital by the policeman on the beat. The brakes on the taxi- cab later ‘were tested at No. 6 Freclnl:t station and Norton was rel , to ap- Rear at the inquest. Norton said he was driving at a mod- erate rate of s and that the child ran suddenly into E street from be- hind some automobiles parked between Third and Fourth streets. the action against Thomas W. Cunning- A N S ham, Philadelphia sheriff, was on the right “legal road” to reach the United | COMMUNITY FUND RAISED States Supreme Court for final decision. | # % Both sides to the long-drawn-out St. Louis Pledges of $2,120,000 Are controversy seek a Supreme Court rul- ing on we,:;,:unn,nghm must face| Most City Has Ever Gotten. rial in Washington on charges of con- P, o Tempt of the Betate. B r,a?;?s" x;ousl, Novrmbe;'! 25{ (A;).—m nnual community fund drive a 'I»G'“h':i to Reveal Source. | ended last night with pledges of $2- unningham was indicted on charges | 129,000, the largest v of contempt for. refusing 10 disciose | for (o purg, LT MOUnt ever raised where he obtained $50,000 in cash he is | 5 alleged to have contributed to the pri-| While the sum pledged was $71,000 mary election campaign funds of Wil- | short of the $2.200,000 goal, workers liam 8, Vare in 1926, when Vare was a | said numerous late gifts had not been candidate for the Senate. tabulatad, and that other volunteet con- The case has been in the Federal | tributions would be recetved for the Courts 15 times on varlous legal tech- | next few days. WASHINGTON'S FINEST MEN' day evening on three lodges—Congress o R I RORR Lodge. No. 37, Willlam Homer Carroll, i master; La Fayette Lodge, No. 19, one of the largest numerically in the Dis- ER trict, Harry B. Pitts, master, and Hiram 1310 F Street Lodge. No. 10, John H. Eiseman, rgaster. Friday evening & foint visitation was VISITATIONS ENDED ¢ made to Joseph H. Milans Lodge, No. 38, Randail M. Oller, master, and Myron | Parker Lodge, No. 27, William H. Mrs. H. Foster Bain, 51 years old and a grandmother, of New York City, who received her pilot's license at the Newark, N. J., Alrport after three months' Grand Master’s “HOme Osfood Roberts of the Mayflower Hotel said that the Hotel Men’s Asso- clation would be giad to accommodate the visitors at reduced rates. General admission to the game will tand; reserved seats, $1.50, sonally wire each cabinet officer anc etary urging their attendance at the game. SECOND HURRICANE | FEARED IN EUROPE Storm Deaths Now Above 40.! Floods Spread Damage in 8ix Cou ries. By the Associated Press. LONDON, November 25.—Flood wa- ters washed over farms and through, populous cities and towns today in| England, Ireland, Belgium, Holland, France and Germany, spreading dam- age and destruction. ‘The gales which lashed Western Bu- rope and Great Britain over the week end dled down during the’night, leav- ing murky skies and lowered barom- etets, which threatened another blow. Estimates on the number of deaths charged to the storm ranged between 40 and 50, ‘Water receded from the Belgian low- lands in some locglities, but the area along the Scheldt betweef Atwerp and Termonde continued in the grip of one of its worst floods in year: itter crit- icism of the government for not having ded against further flood catastro- the Scheldt’s The Hollagd Several townships including Zwolle and Browershaven were _inundated. The Nethe Dike between Lier and Uffel was breached in 20 poin®, and the harbor wall and sea dike at Bergenopzoon has broken down. The Maas and Waal Rivers have flooded large areas. The Rhine and QMoselle in Southern Ger- many still threatened. Vast areas in Western and Eastern counties of England were under water today, not at a great depth, but suffi- elent to interrupt communications and | isolate scattered dwellings. The rivers | are greatly swollen and the mountain streams of Wales have been converted into raging torrents. was sev- eral inches of flood water in parts of Belfast, Northern Ireland. ‘The rivers of Northwest France con- tinued to rise today and there was no grwecv. apparently for dry weather. he Seine and its tributaries, the ‘Warne, Yonne and Aube, and streams and brooks which feed them swelled and | :lmerl"eld d:lzlnuur:g: ’of acres and lelds, un¢ ng ow-lm quar- ters of riverside towns. Births Reported. 1uull0'linl births have been reported ealth Department during the last Bours: Julia CHICAGO | congr instruction. . Bain, a close friend took up fiying for “something to do.” of Mrs. Herbert Hoover, declared she —P. & A. Photo. D. L. MAN 1S GIVEN YR, PRSONTERM Robert G. Brafford Convicted in Alexandria of Slugging and Shooting Policeman. By & Staff Correspondent of The Bt ALEXANDRIA, Va., November 25.- Robert G. Brafford, 27, of Washing- ton, D. C, charged with shooting, slugging and biting Patrolman John L. Stewart, 24, of local police in a battle on the river front here September 14, was sentenced to four years in the State Penitentiary by a jury in Cor- poration Court yesterday afternoon, with Judge Willlam P. Woolls presid ing. The verdict of guilty turned after but 27 minutes’ n. Was elibera- Brafford Twice Wounded. Brafford was wounded twice by Stew- art after the officer had pulled himself from the Potomac River, where, he claims, Brafford pushed him after shooting him, slugging him over the head with an automobile crank and biting off & portion of his ear. The fight is said to have started ‘when Stewart tried to arrest Brafford for an whisky violation. fact that the defendant had but uzfly been released from the hos- pital, where he was treated for his two s thought to have influenced the jury to lighten his sentence some- whai. Four counts were presented by Commonwealth's Attorney Albert Bryan, but one of them, attempt to kill by drowning, was ruled out in court. Motion to Quash Verdict Denied. Pollowing the announcement of the verdiet Defense Attorney Robinson Moncure made & motion that the ver- dict be set aside, but this was overruled by Judge Woolls, and Brafford was im- mediately sentenced. The jury of 12 men was headed by J. William Goods #s foreman. The sentence of four years was divided into one year for nugm‘ the officer, two years for shooting and one year on the mayhem charge.. $104,033 STEEL PLATE CONTRACT LET BY NAVY 5,604,000 Pounds Ordered From Delaware Firm for Work on Light Cruiser No. 38. The Worth Field Co. of Claymont, Del,, today was awarded a contract for $104,033 for steel plate to be used in the construction of light cruiser No. 38. | This announcement, made today by the Navy Department, said the amount required under this contract totals 5,- 604,000 pound: The Mare ‘was directed on October 15 to construct light cruwer No. 38. Light cruiser No. 38 is the sixth of the 15-cruiser program authorized by ess, The London naval treaty, however, permits the construction of only 10 of the 15, MARKET COMPANY SPECIALS FOR FRIDAY-SATURDAY 311 7th ST. NW. DUCKS HENS Fancy Long Island Fresh Dressed NAT. 2939 25¢ . TURKEYS “&&" 36¢ - TURKEYS ' 28¢ - and, Calif., Navy Yard | COL. GRANT RECEIVES TRIBUTE FROM SEVILLE Gets Diploma of Honor for His Part in Arranging Washington's Exhibit at Exposition. A special diploma of honor, given by the sponsors of the Seville Expocition | held in Spain last year and the early | part of the present year, has been awarded to Lieut. Col. U. 8. Grant, 3d, | director of public buildings and public | parks, for his part in arranging the exhibit, depicting the City of Wash- ington. The diploma reached the colonel's desk from Seville this morn- ing. A similar diploma was bestowed upon the Office of Public Buildings and Pub- arranging the Washington part of the exhibit, which was viewed by thou- | sands of people from all over the world. Killed at Sherwood Forest. By a Staff Correspondent of The Star. SHERWOOD FOREST, Md, Novem- ber 25.—Lee Garrett, colored, 29 years old, was killed when the automobile in which he was riding was struck by a truck here yesterday. State Policeman C. C. Sherman investigated, but no ar- rests were made. lic Parks for the assistance given in | | Government to impose a tax on the t;l..:l income reported only by the hus- Such a conclusion was necessary in that State, Justice Roberts explained, because in California the wife's interest in community property is merely ex- pectant and not vested. The community property laws, preva- | lent over much of the Southwest, were derived from old Spanish statutes once in force there. . MOVIES FOR CHILDREN BASIS FOR ATTACKS Council Serxi.x Federal Regula- tion Dissa.isiied With Child " Health Results. By the Associated Press The Federal Motion Picture Council | today made public a resolution deplor- ing what it termed inadequate consid- eration given the “destructive effect” of motion pletures by the recent White House Child Health Conference. The Board of Directors of the organ- ization, which seeks Federal regulation of photoplay production in the interest of moral improvement, sald the White House conference also ignored the emo- tional reaction and eye strein resulting from frequent attendace of children at motion pictures. Another resolution warned the pub- e against expecting improvement “in the moral quelity of motion pictures” from the methods advanced by the film industry. THANKSGI Just Wouldn't be Thanksgi Lodge” Is Profusely Deco- rated for Occasion. The final of the series of Masonic grand visitations of 1930, which were inauguraed early in October, was held last evening with an official call on Pentalpha Lodge, No. 23, which is tne grand master’s "home lodge.” The use of lodge room No, 1, Masonic Temple, Thirteenth street and New York avenue, It was profusely decorated with cut flowers and the national colors. A spe- cial feature of the visitation was the presence of three visiting grand mas- ters, Donald J. Sargent, the head of the Masonic jurisdiction of New Jersey; F. T. McFaden of Virginia, and George P. Gorsuch of Maryland. Each of these grand masters spoke, Ara Marcus Danilels, master of Pen- talpha Lodge. culminated a series of | outstanding events during the year with the grand visitation to the grand mas- ter's own lodge last evening. Music was played by Meyer Goldman and his or- chestra, and there were selections by the Masonic cholr. During the evening several presentations were made to Grand Master James A. West for him- self and for Mrs. West. The grand master made appropriate responses. At the conclusion of the visitation, refresh- ments were served. Prior to the visitation to Pentalpha Lo‘dd;e an official call of ceremony was made on Theodore Roosevelt Lodge, No. 44, of which Martin L. Discus is master. Grand visitations were made last Thurs- the largest in the temple, was employed. | | Grand Lodge will occur in Masonic | Temple, Thirteenth street and New York | avenue, the evening of Wednesday, De- | | cember 17 EVERSON IS DUE BACK | AT BOLLING LATE TODAY Militia Bureau Chief Returning | From First Air Inspection Trip to Porto Rico. Following the first aerial inspection visit to the Porto Rican National Guard, Maj. Gen. Willlam G. Everson, chief of the Militia' Bureau, War De- | partment, 1s expected to return to | Bolling Pield shortly before dusk today |in the bureau’s new twin-engined | Sikorsky amphibian transport plane. The plane left Bolling Field Novem- | ber 12, picking up Gen. Everson at Co- lumbia, S. C., on the following day. Capt. Vincent Meloy of the Militia Bureau is chief pllot, with Lieut. R. K. Glovannoli, Air Corps, of Bolling Fleld | as co-pilot. Staff Sergt. R. N. Rob- erts was aboard as mechanic. | The trip, which will be completed this evening, is the first National Guard inspection flight made over such a distance. The plane has made stops en route at Miami, Havana, Santiago de Cuba and Port au Prince, Haiti. An American automobile service ugn has been opened in Shanghai, ' China. ithout Carry’s Delicious Frozen FRUIT PUDDING @ Luscious fruits, pure cream, and the richness of tasty nuts are blended Rohrman, master. 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