Evening Star Newspaper, December 8, 1930, Page 2

THE EVENING STAR, WASHINGTO SVITH CO. DEFENSE | IDRY LEADERS BAR IPROHIBITION'S FOES - " DENIED MISTRIAL Testimony of Witness, Erring on Charges Involved, Brings Demand for Delay. For the second time since the open- ing of the F. H. Smith Co. conspiracy trial, more than two weeks ago in Dis- trict Supreme Court, Assoclate Justice William Hitz today overruled a defense motion for a mistrial. Frank G. Raichle and Wilton J. Lam- bert. coursel -for G. Bryan Pitts, C. Albert “Anadale and Johv H. Edwards, v, based their demand for dismissal of the jury on a statement made by Charles T. Malone, a Department of Justice agent, while he was being cross- examined. The witness had declared he believed the men were being tried on a conspiracy indictment, while the in- dictment Raichle had reference to in a question he made was one which con- cerned an embezzlement, Exception Is Entered. The defense lawyers argued the wit- ness’ statement was entirely uncalled for. They contended it might preju- dice the jury against the defendants and insisted a mistrial must be ordered if Pitts, Anadale and Edwards were to receive a fair trial. Justice Hitz ruled, however, at the insistence of Nugent Dodds and Neil J. Burkinshaw of Government counsel, that Malone’s statement had been re- ive to a question and’ was adm! sible. An exception to the judge’s cision was entered by the defense a torneys. Theysdemlnd for mistrial was made at the bench. The jurors sat in their box oblivious of what had taken place. First Move Overruled. The first move of the defense for a mistrial came during selection of the jury when a tentative talesman declared during a preliminary examination he believed all of the defendants were guilty. This motion lkewise was over- ruled and an exception entered. Malone was questioned in great detail by Raichle concerning his part in the investigation which resulted in the in- dictment of the defendants. It was brought out through his testimony that the petty cash fund of the Smith Co. always was kept at some stipulated figure. He said this amount sometimes was $25,000, sometimes $20,000 . - He said the The Justice agent declared the com- ny’s cash disbursal journal, among the records found to be missing, was the only boo's which might contain essential entries ecncerning petty- cash fund checks, Answer Brings Laugh. ‘There was a great deal of laughter | in the court room when Malone was, asked whether the Smith Co. conducted | an investment banking ‘business and replied, “That's what called it.” Frequently during the examination of Malone, Rachle sought ta” lend weight to the defense contention that the miss- ing records were not necessarily of t value. In every instance, however, e answered in some such fashion as this: “How can T state # f not 5o since I don't have the ?* Asked to expla de- ited to the . Pitts 4n the thern Ma: " Co., at Seat Pleasant, September 1926, Malone declared they represented! Smith Co. funds converted to the use of the de- fendant. The checks value of $30,000. 5 4 Holds Ledger Sheets Missing. ‘The witness said he had encountered difficulty in !nac\n: these checks as accurately as he had desired to because entries concerning them had been scratched from a company journal. Raichle demanded to know whether this scratching practice was not occa- sionally employed by other companies. Malone said he never heard of this having been done by any other concern. He said the custom was to change the journal entries. He added when he checked the company books, October 381, 1929, he found they did not balance. hn“Do you mean t;{:: r‘l}l‘: mboonmwere properly kept?” Raic 2 “No, but ledger sheets apparently had been extracted,” Malone responded. e INTERIOR SALARY RAISES LIMITED BY NEW FUND BILL (Continued From Pirst Page.) for the next fiscal year, there will danger of delaying ail of the appropria- tion bills by a recurrence of con- troversy on_each bill, in the opinion of Senator Jones of Washington, chair- Senator Jones was not ready to dis- close his own views on the question in advance of its consideration by the Appropriations Committee, but indicated he felt that if some adjustment of the matter could be reached on this first | bill it would help to eliminate the like- lithood of slowing up the other appro- priation bills, especially since this is a short session in which time is an im- portant factor, ‘The question was precipitated in the House last week, when the House Ap- goprinflons Committee added a clause the first supply bill, forbidding the use of funds in that bill to make salary increases within grades of the classifica- tion law during the next fiscal year. ‘The same thing was done in the Interior bill today. The effect of the House dmendment would be to postpone for ane year the beginning of the program recommended in the President’s budget ethod to raise under-average salary dually during the next few years. ! It was pointed out that there are seattered through the Government ser- wice groups of positions which have not Been brought up to the average intended by the classification law. The Treasury-Post Office bill will be indled in the Senate by a subcommit- of which Senator Phipps of Colo- ido is chairman. The subcommittee ill begin going over the House bill to- OrTOW morning. After the subcom- ittee has finished its work, the bill ;liu 80 before the Appropriations Com- t ] ITROUSER SKIRTS FLARED | PARIS (#).—Some of the new dance esses at an important dressmaking have flared trouser skirts which weré for a total | should HENRY ATTACKS REMOVAL ORDER Appeals From Wheat Ruling Ending His Trusteeship of Three Apartments. Charging that Chief Justice Alfred A. Wheat had exceeded his authority in “summarily removing” him as trustee of several apartments here, Samuel J. Henry, former president of the F. H. Smith Co., today asked the Court of Appeals of the District to issue a writ of mandamus compelling Chief Justice ‘Wheat o show cause why he should not fix supersedeas bonds in each of the trusteeship cases. If the Court of Appeals should grant the petition, the action would, in effect, permit Henry to reopen the trusteeship , but would render him liable for costs and damages if his claim is defeated. ~Three Buildings Involved. ‘The: apartments involved are the Stanley Arms, Cedric and Tivoli. Chief Justice Wheat recently signed an order granting a request of the Roosevelt Bondholders’ Committee that Henry be removed as trustee of these properties. Henry appealed this decision, The former Smith company president, through Attorney Harry S. Barger, says he is “informed and believes that the attempt to remove him summarily, on a rule to show cause and without a hearing on. the merits, transcends and is in excess of the power of the court, and that he is, as a matter of right, entitled to supersede such attempt to remove him pending determination of his appeal.” He further asks that Chief Justice ‘Wheat be “commanded to answer his petition and that a rule to show cause be issued and served, directing him to show cause why the writ of mandamus not be issued to compel him to fix and approve proper supersedeas bonds in each of the'cases.” Charges Grounds Inadequate. ‘The petition points out that the application for Henry's removal was based on the gro that he is not a resident of the District, that he was not under bond as trustee, that he is under indictment in the District, and that because of his past relations with the Smith company he is not fit to serve as trustee. He alleges that the bill of complaint was “utterly void of any allegations that thde mgfl’fitfl were b:lngd‘ mis- managed or that they were in danger of being wasted or dissipated.” Answering the charges, Henry con- tended that an indictment is not a con- viction and denied that he is guilty of the untried charges. Rehearing Was Denied. He also denied that his relations with the Smith Co. disqualified him and pointed out that the trustee agreement did not require him to be under bond or reside in the District. After Justice Wheat had sustained the motion for his removal Henry filed affidavits with the court setting forth reasons for a rehearing, but the chief Justice, after considering the affidavits, announced that he would adhere to his former ruling. Barger, in behalf of Henry, then ap- lied for a supersedeas bond, but Jus- flce ‘Wheat, holding that the fixing of such a bond was discretionary with the court, denied the application. $15,000 FOR JOBLESS IS DUE FROM GAME Charity Contest Returns Wait Full Check of All Sales Sources for Tickets. ‘The District Commissioners’ Commit- tee on Unemployment will receive about $10,000 to $15000 for its work as a result of the Marine-Coast Guard foot ball game at Griffith Stadium last Sat- urday, it was estimated today by G. J. , secretary of the Unemployment Committee. Mr. Adams said it was quite impos- sible to make anything like an accurate estimate, because few of the ticket- selling agencies used by the committee had. reported. He said final figures would not be available for at least four or five days. The Unemployment Committee has 8 ‘meeting scheduled for 4 o'clock this afternoon in the board room of the | District Bullding. e SCARFS POPULAR Brilliant Colors Become Favorites for Evening Wear. PARIS (#).—Velvet scarfs are newer t clear the floor. Shaped panels front and back dis- the trousers and are worked into unss of the current long, flared Treaty Expert Is Dead. 42, specialist died yesterday, of “sleeping Dr. Mason was & graduate of Grin- and Johns Hopkins Medi- wear, ‘The brilliant colors, ruby, emerald, turquoise are prime favorites for wear with white dresses. Bands of fur at| than gay colored jackets for evening In her role of grandmother, Mrs. Herbert Hoover is shown here as she yes- terday went to the Union Station to greet Mrs. Herbert Hoover, jr.; Peggy Anne, Herbert, 3d, and Joan, who is shown in the arms of her nurse. —A. P. Photo, YOUNGEST HOOVERS ARRIVE IN' CAPITAL Three Grandchildren of Presi- dent and First Lady Bright- en White House. Children’. voices re-echoed about the White House today, and the mansion seemed more like a real home. The change was wrought by the ar- rival yesterday of the three grandchil- dren of President and Mrs. Hoover. ‘The children, Peggy Anne, who is 415 years old; Herbert 3d, not quite 3, and Joan, less than a year old, came here with their mother, Mrs. Herbert Hoo- ver, jr,, from their home in Pasadena, Calif,, to be nearer their .father, re- cuperating fn North Carolina. The grandmother was at the station to greet them upon their arrival. ‘The President and Mrs. Hoover<had postponed thelr breakfast so as to have this happy little group with them for that meal today. After this the two older children lost no time exploring the great house about which they evi- dently had heard so much. The top floor of the White House has been al- tered to provide suitable living and play rooms for these youngsters and to house the nurse and governess who will have them in charge. The youngsters are prepared to be very good, for Christmas is coming soon. This is to be a special Christmas, in a place where the weather is more like what Santa Claus is used to than at their own home. Their grandparents, also, make much of the day. The youngsters don't know it, but Mrs. Hoo-, ver alr has been out looking toys to fill their stockings. SOUTH PLANS TRIBUTE TO FAMOUS AUTHOR| Memorial Services to Be Held in Honer of Joel Chandler Harris at Atlanta, By the Assoclated Press. ATLANTA Ga., December 8.—The literary South tomorrow will pay tribute to the genius of Joel Chandler Harris, the “Uncle Remus” of Negro folk lore, on the occasion of the eighty- second anniversary of his birth. In school playlets, reading and me- morial programs 'Brer Rabbit will fight again with the Tar Baby and 'Brer possum will head straight for his fav- orite persimmon patch, The lead in the anniversary observ- ance will be taken here by the Uncle Remus Memorial Association. Atlanta home, “The Sign of the Wren's Nest,” will be open to the public. The Memorial Association will pre- sent an oil portrait of the creator of the colorful stories of Negro life to Emory University. SUGAR GROWERS AGREE ON RESTRICTION PLAN Cuban, American and Dutch Pro- ducers Unite Before Meeting Other World, Producers, By the Associated Press. AMSTERDAM, December 8—Repre- sentatives of Cuban-American and Dutch East Indian sugar producers have reached an understanding for limitation of export of sugar for a pe- riod of five years, it was announced to- day. The understanding also con- templates the segregation of old stocks, which will be gradually dispersed. A communique from the American headquarters outlining the agreement says that in place of a mission to con- trol limitation as originall, suggested by Thomas L. Chadbourne, head of the Cuban-American group, the group has accepted “appropriate and satisfactory guarantees from Java that the excess export shall be limited in accordance with the actual increase in consumption demand in Java’s natural outlet.” The Cuban exportation, the com- munique says, will be limited along the lines originally proposed by the Chad- bourne committee. The Brussels mesting aims for a world restriction of sugar export. 1930 BUSINESS RECORD IS MADE BY KELLOGG Largest 'Adveru:ing Campaign in History of Cereal Firm Is Planned for 1931, By the Assoclated Press. BATTLE CREEK, Mich., December 8.—W. K. Kellogg, chairman of the board of the Kellogg Co., cereal manu- the ends of the scarf furnish weight to | facturers, said today that his company’s it from slipping out of place and | confidence in the improvement in busi- mw its decorative value. 6,000 Laws Adopted in 2 Years. NANKING, December 8 (#).—The legislative division of the Nationalist government announced yesterday tha since its inception, two years ago, th ness in 1931 has resulted in plans for the largest advertising program in its history. Kellogg said the company had done the biggest business in its history dur- ing the past year and that as a result of this experience the enlarged 1931 program had been adopted. “Aside from our individual experi- mrtmem had mnred and adopted - civil, .cr' commercial and; ence, however, we do not believe any procedure ‘laws, constituting e Fei S ition of two weeks, close observer of the undercurrents .of business trends can deny that business generally soon will enter ual but certaln dmprovement,” he sald. PRESS AT MEETING Question of Support of Ref- erendum Considered by National Council. ‘With representatives of the press barred from their meeting, the Na- tional Temperance Council, comprising delegates of many of the important temperance organizations, met at 2 o'clock this afternoon to consider the controversial subject of whether the drys should support an effort to bring about a natiorai referendum on pro- hibition. - The council voted this morning to exclude ‘newspaper men from its ds liberations. The dry leaders will di bate a recommendation of their Exec tive Committee that the proposed ref- erendum be disapproved. Dr. Clarence True Wilson, general sec- retary of the Methodist Board of Tem- perance and a leading advocate for a referendum, called at the meeting just before its adjournment this morning and made known that he would be present during the later discussion. Cherrington Favors Press. Dr. Ernest Cherrington, secretary of the World League Against Alcoholitm and spokesman for the council’s Execu- tive Committee, favored admitting press representatives. Dr. Ira Landrith of Chicago, president of the council, indi- cated he had the same thought, but the delegates went on to vote against making the meeting public. Immediately, Dan Brummitt, editor of the Northwestern Christian Advo- cate, one of the leading news organs of the Methodist Church, asked the dele- gates if they wanted him “to get out.” He was urged to remain. Oliver Stewart, president of the Fly- Squadron Foundation, and an itor, gave the council to understand that he felt free to publish anything he wanted to about the meeting. As chair- man of the council’s Publicity Commit- tee, he, too, questioned whether he should remain. The delegates said their vote did not apply to either. Members of the council who favored letting newspaper representatives hear the discussions said that “timid mem- bers” feared misrepresentation and, therefore, wanted to hold their debate in secret. Delegates who opposed the view expressed the opinion that repre- sentatives of the press should be invited and relied upon to give an accuraf report of the proceedings. \ ‘When the decision was reached Stew- art, frankly disapproving the course, warned the council that he was dis- posed to comment freely on the pro- ceedings. He made known he would receive press representatives after the meeting and give as adequate report as possible. Dr, Ira Landrith of Chicago, presi- dent of the council, said in his open- ing address today: “We meet to plan y: winning campaigns. “We mect to repeat what all informed and thoughtful men know, that this amendment (the eighteenth amendment) cannot and shall not be rerellm. and that it must not be nullified. “We are met,” he asserted, “to re- educate public opinion against this dangerous doctrine at whatever cost to personal safety, allegiance to cherished plans, or to our party loyalties when they are betrayed by platform builders or political leaders “who, for example, would rather be wet than President.” Organization Is Attacked. Dr. Landrith attacked the association against the prohibition amendment in particular. Yesterday, after a five-hour mfi" the'council’s Executive Com~ mites, he gave assurance that the sub- ject ;of a national prohibition ref- uny ‘would be discussed by the touncil in open meeting. Reference to the referendum was not made this morning, however, delegates said, chiefly because the subject was not presented by & spokesman for the referendum. Dr. Wilson, the leading advocate of the pmm‘], was kept from the meet- ing by conference with Lord Astor and other appointments and did not attend until late in the morning. Deets Pickett, research secretatry of the Methodist board, was ill at his home in Clarendon, Va., and the board was not represented officially at the first session of the council. Dr. Wilson, who will deliver his an- nuaal report to the Methodist board at its meeting tomorrow, expects that he will be asked to discuss the proposed prohibition referendum before the Na- tional Temperance Council, and that the council will adopt a positive stand either for or against after full ciscus- sion. Dr. Cherrington Spokesman, Dr. Ernest Cherrington is opposed to the proposed referendum. Cherring- ton said there existed no “polyanna” spirit among members of the council as to the situation facing them, and that the program they hoped to evolve would be more extensive than any taken in the last decade. Cherrington said further this pro- gram would not be directed toward the 1932 presidential campaign, but that the unity the members of the council hoped to obtain among the more than a score of dry groups would lead directly to it. It was pointed out that the National Temperance Council does not have leg- islative authority over the member or- ganizations. Any formal stand it takes in resolutions or executive committee action will be referred to the individual member organizations and recom- mended as the consensus of the lead- ers. Dr. Wilson explained that the in- dividual organizations then approved or disapproved the recommendations as they saw fit. During the conference, which will be followed tomorrow by the meeting of the Methodist Board of Temperance, Prohibition and Public Morals, leaders of the organized temperance movement, who are members of all the organiza- tions, will circulate among the mem- bers, delivering addresses and attending conferences, . U. S. STUDIES PLAN TO RELOAN FOREIGN PAYMENTS ON DEBT (Continued From First Page.) armament. The case of Italy is typical. Count Giuseppe Volpi is trying hard to obtain something like $100,000,000 in New York and so far he has found only one group of bankers willing to give him the money at the rate of interest of 8 per cent, the issue being at 92. ‘The scheme suggested by Mr. Bertron has a great advantage in that no cash will leave this country. Every cent re- loaned to the debtor nations will be placed in orders from American in- dustry and only raw or manufactured products will be sent abroad. Mr. Ber- tron naturally thinks that his scheme could be atly improved once the principle is accepted, but he is con- vinced that only along the lines of his fundamental idea of reloaning the money, which is paid yearly to the United States and France, the present dangerous conditions of world-wide de- pression can be solved. (Copyright, 1930.) FINANCIAL RUMORS PERSIST. BY C. P. WILLIAMSON, Associated Press Staff Writer. | Judge Ben B. Lindsey, New York, question the bishop. exponent of companionate marriage, center, after he had been hustled out of th Manning after the latter had attacked Lindsey’s stand on ma rriage would attack Lindsey in his sermon and the Colorado jurist decla; The congregation booed Lindsey as he arose side door of the church amid scenes of confusion. outside the West 100th street ce stati in athedral of St. John the Divine for breaking in on the ::“lyer of Bbhbn‘ op in his sermon. Bishop Manning had announced he red that he would attend the in the midst of the sermon and he was services and rise up and hustled a —A. P, Photo. LORD ASTOR TALKS OVER DRY SITUATION WITH DR. WILSON “Very Revealing” Discussion Held at Methodist Building. Britisher Does Not Believe Election Means Dry Senti- ment Change. Lord Astor of Great Britain, his trim figure emphasized by a smart-fitting business suit, and Dr. Clarence True Wilson, the militant general secretary of the Methodist Board of Temperance, participated in an intimate exchange of views across a flat-topped desk in Dr. Wilson's spacious offices in the Meth- odist Building this morning. For more than an hour the titled Englishman, whose wife is the Ameri- can-born Nancy Langhorne of Virginia, chatted cordially with the Methodist dry leader. Then, describing their con- versation as “very revealing,” he walked briskly shrough the building while Dr. Wilson described the various activities of the Methodist Board. Lord Astor, who arrived in the coun- try several days ago to pay his first visit in six years, arranged the call him- self. The two men had never met, al- though Lord Astor called at Dr. Wil- son’s offices when here the last time. While in Washington he is visiting in- formally with various Government offi- cials and spokesmen for organized groups in making a survey of the pres- ent-day American scene. While other callers waited, the Eng- lishman and Dr. Wilson discussed recent prohibition polls taken in the United States and the results of the congres- sional elections. Lord Astor gave Dr. Wilson the im- pression that he does not regard the election results indicative of any major change in prohibition sentiment. Dr. ‘Wilson told his visitor that the drys elected ome more Senator than the wets and that in the House the drys would not lose more than four votes. The election result, said Dr. Wilson, was a Demdcratic turnover, not unexpected in an off year, when conditions generally are disturbing. Lord Astor, who has made a special study of the liquor question since the World War, when he served on Great Britain's Liquor-Control Board as a neutral member, told Dr. Wilson that his study of the election returns had suggested the samé thought. The Englishman heard from Dr. Wil- son a positive statement that prohibi- tion polls conducted by newspapers and other publications had “misrepresented —Star Staff Photo. the American attitude.” Terd Astor was especially interested in opinions on this subject. He indicated that he in- tends to call upon spokesmen for wet organizations to learn their views in an effort to take back to England an ac- curate comprehensive impression = of American sentiment and thought. to the Government during the past three weeks. Beginning with the unofficial visit to the Capital of Dr. Hjalmar Schacht, former president of the German Reichs- bank, a flood of rumors and counter- rumors with international finance as their center have caused considerable concern to State officials. Denials Are Made. Interpreted by some financial writers both in the United States and Europe as a move on the part of Germany to sound out American officials on a pos- sible reparations moratorium, the visit of the German financier attracted wide- spread attention, which compelled de- nials by Washington officialdom that the visit concerned America’s position on & moratorium. In the face of the most vigorous denials, both by Secretary Stimson and Ambassador de Martino of Italy, a rumor that Italy had been denied a loan because of State Department ob- Jection continued to spread during last week in official and financial circles. The report of the Italian loan was linked to Pranco-Italian naval gpegoti- ations on settling differences existing since the London conference. It was contented by some writers that the United States had denied a loan to bring pressure on Prime Minister Mus- solini of Italy. 20 force a settlement with France and clear the way for a general world-wide disarmament con- ference under auspices of the League of Nations. See Motive in Rumors. Some State officials in admitting the department has been considerably em- barrassed by these rumors have sald they believe the stories were designed to disturb Italy’s credit. On the other hand, those who credit the rumors point to the visit to the United States of Count Volpi, former Italian minister of finance and now holder of large industrial interests, as a sible Jink with a loan to Italy. he visit which Gov. George B. Har- rison of the Federal Reserve Bank of New York has been making to Euro- pean countries also has excited more than casual interest abroad, with many reports that his trip had a distinct connection between finance and inter- national politics. This, too, has been denied emphatically by Secretary Stim- son. Stimson Denies Rumor. Secretary Stimson today reiterated the denial that the American Govern- ment has had before it the question of.| a loan to Italy. “In_view of persistent rumors that this Government has info: indi- cated bankers its disapproval of loans to I as & means of bringing pressure in favor of disarmament,” he 'said in a final statement, “I wish to make it perfectly clear that there is ab- solutely no foundation for any such ru- mors. “No loans to Italy have been dis- cussed blf this department formally or informally or in anyway whatever, and the I have not heard of any such sugges- uq:.m‘-mu tion or discussion by resenta- tive of the Ovvu'nnenz.w i GAMBLING DEFENDANT LOSES QUASH MOTION Justice Gordon Rules All Four Cbarged With Running Game Must Continue Defense. District Supreme Court Justice Pey- ton Gordon, in Criminal Division 1, to- day overruled a motion of Edward Kil- leen, jointly indicted with four others on a charge of setting up a gaming table on the third floor of 1210 G street, for a directed verdict of not guilty. Attorney James A. O'Shea, for the accused, contended that the Govern- ment had offered no evidence .to show that Killeen was ever seen about the place or had ever accepted a bet and urged that it would be mere speculation to have the jury infer that because he made a loan of $300 to meet & request for an advance of rental he was the moving spirit in the enterprise. Assistant United States Attorney Wil- liam H. Collins insisted that the evi- dence of at least one witness was to the effect that the defendant who leased the premises when asked for an advance of rent declared that he had to see about it, and that it was Killeen who assured the witness that the money would be forthcomnig. The court also overruled motions of Attorneys Whelan & O’Connell and L. L. Whitestone for Harry Conn, Benny Lewis, Kirk Callenberger and Henry Tucker, the other defendants, asking for an acquittal of their clients, The defense was required to submit its evidence. The case will probably go to the jury tomorrow. BYRD COOK ARRIVES George W. Tenant Stops in Capital on Lecture Tour. George W. Tenant, chief cook with Byrd at the South Pole, who has liter~ ally cooked from Pole to Polé, having accompanied the North Pole expedition of the commander, arrived in Wash- ington this morning from New York. He was welcomed by S. W. Zink, general superintendent of the Great Atlantic & Pacific Tea Co.’s operations in Wash- ington and vicinity at the airport, ‘Tenant is stopping in Wi n_for several and is now en route West to_conduct a series of lectures. He is conducting tion of the new A. & P. Food the park and shop development on Connecticut avenue. » , & direct descendant James of lbbertngumr;'dhd recently in Mona & Vale, Australia. LAVAL TAKES TASK OF PICKING CABINET French Minister Called When Barthou Fails to Achieve Success. By the Assoclated Press. PARIS, December 8.—Senator Plerre Laval, characterized by Clemenceau as one of the most brilliant members of the Chamber of Deputies of the Tiger's day, today was given a mandate by President Doumergue to form a new French government. His selection to head a ministry was not made until Senator Louls Barthou, himself a man more of Poincares type, gave up the task as hopeless when the Radical Soclalists refused to participate in a government which included a rep- resentative of the strong Rightist, Louis Marin, Will Consult Leaders. M. Laval told M. Doumergue that he would do his best and give him a defi~ nite answer tomorrow. He proceeded then to the traditional visits to politi- cal leaders such as the Presidents of the Senate and Chamber and to MM. Tardieu, Briand and Poincare, The new premier-designate is an In- dependent Socialist who, as minister of labor ~under M. Tardieu, recently soared into public favor by co-opera with Louis Lohcheur in getting through the ::;ehl m;xnmi’e ll,aw 4:1; n-ltggl u{or worl people and by set X tile n‘:‘-fkea in the North ot Pglnu. He is a lawyer; and after successful service in the Chamber was elected to the te in 1926 from the Depart- ment of the Seine. He is the mayor of Aubervilliers, near Paris, and enjoys the friendship and confidence of both Tardieu and Briand. He is 56 years old. Situation Held Difficult. Senator Barthou’s failure to organize & ministry of “wide ublicanism,” which would have included the Radical Left and Republican group of the Center and Right, is regarded as evincing the mgreme difficulties in fashioning a cabinet with present membership of the Chamber and Senate. It is regarded also as demonstrating that the religious question is not dead in France, the Radical Soclalists at the last moment refusing to sit in the cabinet with a member of a group which advocates rellflom teaching in public schools. ‘The Radical Socialist party has long been committed to scrupulous adher- ence to a law inaugurated by Jules Ferry that the schools of the Republic be devoid of any form of religious in- struction. A segtion of the Right group in the Chambef, led by M. Marin, has favored an amendment to the law and Barthou proposed to put a member of that group in the cabinet. Two other conditions laid down by the radicals were that the new cabinet must adhere to Aristide Briand's Lo- carno peace policy and strive for “fiscal justice,” the latter being an allusion to the Oustric Bank scandal and re- cent irregularities in trading on the Bourse. After a new meeting of the radical group today its leaders issued com- munique calculated to clear their skirt of any responsibility for the breakdown of the Barthou combination. The statement emphasized the loyalty of the radicals to the republican idea and in- sisted that Senator Barthou’s failure should be ascribed to the demands for- mulated by other groups when the Tardieu cabinet was overthrown. ‘This referred to M. Tardieu’s declara- tion that he would be glad to co- operate with M. Barthou if members of his majority in the chamber were rec- ognized. Friends of M. Tardleu today charged that the radicals were secretly hting to keep him out of the cabinet. e opinion was expressed in some political quarters that if M. Laval de- cides to give M. Tardieu a portfolio he will again encounter the hostility of the radical group. SCOTTISH COAL MINERS WORKING UNDER TRUCE 70,000 End Strike Which Protested Owners’ Insistence Upon “Spread-over” Schedule. By the Associated Press. LONDON, Decemyr 8.—Seventy thou- sand Scottish coal®miners, who struck last Monday, were back in the mines today under agreement to work under the terms of a temporary truce until February 1. This was the only strike which grew out of opposition to the owenrs’ in- sistence upon inaugurating a “spread- over” working schedule at variance with the flat 712 -hour day established by the new coal mines act. “ Meantime union delegates and repre- sentatives of the owners are conferring on a basis of permanent settlement of differences in both the Scottisiyand the important South Wales mining ageas. Volcano Is Quieting Dowas" HILO, Hawall, Decergber 8 (/).—Ac- tivity of Halemaumau, ke pit of Kilaven Volcano, aj was Store in | o § — e AN Julins Rolshoven, Painter, b Dec R, DU ded Rolsho e's M"':l' yesterday. odt risons in rth. la) Ppo ber e opposed Ague, Lea; rels ting MEET ON PROGRAM Constitutional C o nvention Opens to Plan Unified Ac- tion Against Drys. L] With representation from practically every State in the Nation, the National Constitutional Convention, ‘considering the liquor question on the premise that prohibition is a failure, was opened at the Raleigh Hotel this morning. The convention will continue a week or 10 days to determine upon what basis of modification %f the, prohibition laws the modificationists should co-ordinate their efforts. In the opening address to the conven« tion this morning, Rice Hooe, local lawyer, chairman of the Executive Com- itee of the Federal Dispensary-Tax Reduction League, this organization sponsoring the convention, stated: Temperance Is Keynote. “Temperance is the keynote of the convention. Temperance in lvhoufh! in place of bigotry; temperance in life in lace of indulgence; temperance in law l;l;f: of vloler;‘ce. . W T more than years of trial, national prohibition is no longer an experiment. It is a failure. It is a sad and sinister spectacle. It is a curse uwl‘;r:'h; Natlon. il b lemagogues may cry ‘Prohibi- tion! Prohibition!’ but there is no pro- hibition. Attempted prohibition has turned our churches into political meet- ing houses, our homes into breweries and wineries, our offices into bar rooms, our highways into slaughter houses, our apartment houses into brothels, our prisons into scenes of riot, arson and murder, our borders into armed camps, our Government officials into corrup- tionists or moral cowards, our Consti- tution into a scrap of paper, our liberty into slavery, our very life into a hell on ea) ““Temperance's war on prohibtion is actually declared. « Mr. Hooe ?d :nfe‘d (g::rl% ‘W. Darr, lormer president of n Chaml| of Commerce, as ;nhmmwfny chairman for the purpose of organiza- on, Will Determine Program. ‘The convention will continue until its delegates are agreed upon a basis for which modificationists may co-operate in a Nation-wide movement to bring about constructive modification of the prohi- bition law and to present a program for those to prohibition in its present form to work out. 2 Organizations with n&mmhuvu taking part in the convention. include: The Congressional District Modification League, the Concurrent Prohibition Le , the Federal Dispensary-’ Reduction League, the Modification the National Constitution League, the Women's Modera- mion and the Wisconsin Wet Lesgue. and a number of State and local organizations. Representatives also are atten from city - organizations, chambers o commerce, bar associations, medical organizations, bankers' associations and labor unions, with editors, - journalists and ministers of various denominations whose views coincide in general with the aims of the convention. Meetings of the convention are closed to all but invited delegates, P port of each day's deliberations will be leased at 4 o'clock each afternoon. gue, Libert; tion $7,000 IN RUM FOUND HIDDEN ON STEAMER Baltimore Customs Officers Make Seizue Aboad Munson Line Freighter, By the Assoclated Press. BALTIMORE, December 8—Hidden in a tank aboard ‘the freighter Mun- loyal of the Munson Steamship Co., Baltimore customs inspectors Saturda discovered 330 gallon demijohns of Ba- cardi rum, valued 'at $7,000. The freighter arrived in port Thumday with a cargo of refined s from Havana. Customs men declined “to say whata prompted them to clpsely examine the vessel, but company agents here were of the opinion stowaways were sought. The Federal authorities pointed out the seizure was not in the nature of a prohibition raid, but merely the cap- ture of undeclared goods. They added they did not expect to find any more contraband, but that they “were taking no chances.” A he-rln%wm be arranged tomorrow, at which Charles H. Holzman, collector of customs, will attempt to fix respon- sibility for the presence of the contra- band, Capt. H. B. Fluck was in com- mand of the freighter, and the line's agents said he and the other officers would be produced when called ‘or by the customs men. ‘The haul was described by the officers as one of the largest of its kind made in recent years in this port, MATTHEW Q. GLASER, CURTIS BOOSTER, DIES Former Political Writer Turned to Politics as Editor of Ohio Party Organ. By the Associated Press. NEW YORK, December 8.—Matthew Quay Glaser, Curtis-for-President boost- er in the 1928 campaign and long- time political worker, died Saturday of heart disease at his home here. He was 54, Mr. Glaser, a native of Providence, R. I, was a reporter in his younger days, but turned to politics after being made editor of the Cincinnati Re- g‘:l:'w.n' a party organ controlled by late Senator Joseph B. Foraker. Recently he was indicted, with sev- eral others, in Tennessee by a Federal grand jury and charged with the im- portation sheep dip containing an unlawfulPercentage of alcohol, . Japan Gains 4,017,000, ‘TOKIO, December 8 (#).—Official figures of the national census taken last October, as announced today, give Japan a population of 64,447,000, of which 4,- 017,000 represents gain during the last five years. The density of population is 169 persons per square kilometer, rep- resenting an annual increase of 1.5 per cent. Shoppingdays till Christmas