Evening Star Newspaper, January 6, 1931, Page 1

‘WEATHER. (U. 8. Weather Bureau Forecast.) Mostly cloudy and with lowest heznmm somewhat colder about 34 degrees; s—Highest, 45, at 7:40 p.m. m:-.uemw. pege Full report on Closing N.Y. Markets, Pages13,14 & 15 No. 31,661. post _office. SANDINO ORDERS CTES BURNED 0 SIVE NEARAGUA Insurgent Chief’s Action Is Revealed in Letter Smug- gled Into Mexico. SAYS ‘INVADERS’ MUST REBUILD OVER ASHES Becretary Makes Public Telegram to King and Borah Asking With- drawal of Marines. By the Assoclated Press. MEXICO CITY, January 6.—Repre- #entatives of Augustino Sandino, Nica- ryaguan insurgent chief, today made public a letter from Sandino, said to have been written at his headquarters, E] Chipoton, and smuggled into Mexico by way of San Salvador, in which he says: “In order to save Nicaragua it is nec- essary to destroy it. “We have sent final orders to burn the citles of our republic, because if the invading assassin, destroying our na- tional autonomy, is going to rob us of our homeland, at least he will have to yebuild it over the ashes of our bodies. “Good wishes to the pecple that re- gard without fear our destruction. Fatherland and liberty. (Signed) A. C. Sandino.” Jose Constantino Gonzales, who calls himself secretary in Mexico to Sandino, also made public & telegram which he said had been sent to Senators King and Borah in Washington. The telegram said: “Withdrawal of Marines should be| fast act of the 20 years’ long drama of intervention of Nicaragua. Latin Ameri- ca repudiates American military inter- vention. 1 assure you that Sandino would lay down arms and our country would be completely and automatically pacified if the Marines are withdrawn. Sandino and his fgllnwg’;ozre cngedé; T Semaana. the witbdrawal of the Ma- rines as a favcr but as an act of unde- niable and impending justice.” U. §. POLICY CRITICIZED. Lima Newspaper Hits “Intervention” in Nicaragua. Nicaragua ing the followers of Gen. Sandino, om it calls “liberty’s soldiers.” WANTS MARINES HELD. Micaraguan President Holds Withdrawal ‘Would Be Unwise. MANAGUA, Nicaragua, January . —President Jose Moncada of Nj believes it would be unwise to et \hi tane, e 150 the Asso- at this time, he told = anfl'!m today. The President said be would like, however, to insure addi- tional co-operation of Nicaraguans with the Marines in an effort to stamp out banditry. “We have many patriotic Nicara- ns,” he said, “who would offer their services and peculiar knowledge to give such co-operation in an effort to bring sbout lasting peace in the bandit-in- Zfested regions.” The country, at the moment, he said, has no funds with which to increase the strength of the National Guard, but efforts are being made to obtain a loan of $1,000,000 from the National Bank. Pari of this sum would be used in the campaign against the bandits and in constructing highways to open up the northern departments, where their ac- tivities are most pronounced.” URGES PENSION INCREASE. Cochran Offers Bill to Aid Families of Marines Killed in Nicaragua. By the Assoclated Press. Citing the loss of life by Marines in Nicaragua, Representative Cochran, a Democrat, today introduced a bill to give their dependents the same pension as received by dependents of World War Veterans. In a statement the Missourian said the “widow of a marine who was killed in Nicaragua or some other country receives about $12 a month and $2 for each child, while under the World War veterans' act provision widows receive $30 a month and $6 for each child.” Cochran said he “had information to the effect that not less than 200 Marines had lost their lives since the Marines had been sent to Nicaragua,” adding that “from time to time others lost their lives in Haiti, San Domingo, China and other places.” Fed 4 KILLED, 4 MISSING IN MINE EXPLOSION Bection Three Quarters of Mile Underground Wrecked by Blast Near Beckley, W. Va. By the Associated Press. BECKLEY, W. Va., plicsion in the Glen Raleigh Wyoming Coal Min! explosion occurred ground. Rescue workers brought out bodies and were slate in search *local” in January 6.— Four miners were killed and four others were unaccounted for today in an ex- Rogers mine of the ing Co. The in a section of the workings three-quarters of a mile under- four dxffln' through falls of of the four men re- ported missing. Officials of the mining company described the explosion as character. Entered as second class matte; vashiniton, D. C. Fifth Brother Weds Fourth Sister of His Four Sisters-in-Law By the Assoclated Press. CHEHALIS, Wash., January 6.— ‘Two Lewis County families are linked by five . Law- rence Hadaller recently wed Ger- trude Kirpes. brothers of the bridegroom, Otto, Louis, Matthew and William, had married four sisters of the bride, Anna, Minnie, Elizabeth and Josephine. THOUSANDS RETURN 10 WORK IN MOTOR AND RAILWAY JoBS Other Industries Also Re-em- ploy Men Laid Off Because of Depression. By the Assoclated Press. The return to work of many thou- sands of workers was noted today in dispatches coming from various sections of the country. Rallway shops and automobile factories were chiefly af- fected. In Chicago Vice President Frank Walters of the Chicago and Northwest- ern announced that 7,000 men were returned to work yesterday along the entire system on a three-day a week basis, while from Detroit came reports that automobile plants in Michigan had re-engaged 22,000 employes. The Rouge plant of the Ford Motor Co. recalled 6,500; the East Windsor Ford plant, 5,000; the Cadillac Co., 6,000, and the Buick Co. at Flint, 4,500. The men re-engaged by the Chicago & Northwestern are being used in the car and mechanical departments, closed since December 24. Others Return to Work. Between 600 and 800 shopmen on the Monon lines were returned to work on a temporary basis in Chicago, and re- ports from other sections told of addi- tional good news for railway shopwork- ers. These included the return of 2800 men by the Norfolk & Western at Roanoke, Va.; 1,200 by ths Missouri Pacific at Sedalia, Mo.; 1,000 by the New York Central at East Buffalo and Depew, N. Y., and 850 by the Southern Pacific at El Paso, Tex. From Moline, Ill, word came that the trend toward better employment conditions in Moline and RocE Island, I, and Davenport, Iowa, known as the “Tri-Cities,” had been accelerated ilroad, in neisco the return of 8,500 employes from part- time work to the full-time pay roll. Ot these, 7,500 are in railway shops and 1,000 on maintenance. Citics from Tzdxls to Oregon are affected by the order. 1,347 Re-employed in Cleveland. After a period of curtailed operations, 750 men were returned w work yes- terday at the Ford Motor Co. assembly plant in Denver. ‘Ten varied Cleveland industries have added 1,347 employes to their pay rolls in the last 10 days. All were former employes who had been laid off at some time or the cther during the depression. At the same time, figures based on 100 representative industries indicated that December would show the first upturn in the employm:nt index since last May. In North Little Rock, Ark, Supt. ‘W. H. McAmis announced the reopen- ing of the Missouri Pacific shops at full capacity. More than 1,000 em- ployes were affected. The pay roll of | the men re-employed approximates $100,000 monthly. | SHERIFF BRAGS OF SKILL IN WAR ON ILLICIT RUM Alabama Officer Captures His 100th 8till and Therefore Is Will- ing to Retire. By the Associated Press. { . DECATUR, Ala., January 6.—Sheriff B. E. Davis is ready to surrender the reins as defender of law and order in Morgan County. He has captured his 100th still. And when he hands his star over to his successor January 19, it will be with satisfaction. ~Four years ago Sheriff Davis vowed he would keep Morgan dry, and as he methodically checked off one seizure after another the ambition to reach the century mark seized him. “Well, sir, I'm ready to quit now,” re- marked the today. “We got No. 100, and I want you to know it's | a peach. It's the best, most completely equipped of the lot. One of those old pear-shaped anti prohibition stills. Yes, sir; I guess I'm ready to quit.” . Do-X to Take Off January 20. BERLIN, January 6 (#).—The Dornier works announced today that the big seaplane Do-X is scheduled to start her transatlantic flight to America on Janu- ary 20. The crew left for Lisbon, Portugal, to take over the plane last year. he #Fp WASHINGTON, D. C., NUTT AIDED LUCAS 10 PAY CAMPAIGN DEBT, SAYS LATTER G. 0. P. Director Testifies He Received $3,500 From Party Treasurer. ASSERTS HE EXPECTS TO PAY MONEY BACK Fund Was Used to Defeat Senator Norris for Re-Election Last November. BY G. GOULD LINCOLN. Delving further into the effort of Robert H. Lucas, executive director of the Republican National Committee, to defeat Senator George W. Norris for re- election in Nebraska last November, the Nye Investigating Committee today de- veloped the fact that the loan made to Mr. Lucas by the Commercial National Bank, amounting to $4,000, has been paid off by Mr. Lucas through the as- sistance of Joseph R. Nutt of Cleve- land, treasurer of the Republican Na- tional Committee. Mr. Lucas told the committee that he had affers from friends of his in Kentucky since the controversy over his opposition to Senator Norris had arisen, to lend him the money to pay his note at the Commercial National Bank, the proceeds of which he had used in part to fight the re-election of Norris. Mr. Lucas said that he had declined these offers because he didn’t wish to drag his friends into tie matter or to get them inw the newspaper hcadlines. Nuit Sent $3,500. “Mr. Nutt called me up and offered to lend me the money,” continued Mr. Lucas. “I siid to him that he, tco, would get into the headlines of ihe newspapers if he did. Ie seplied vhat he was aware of that, but it made no difference. So he sent me $3,500, which with a payment of $500 I had already mailed to the bank, I used to pay off the notz in full. “I expect to pay Mr. Nutt this money,” continued Mr. Lucas. He was asked who offered to lend him money at his home in Louisville to take care of the note. Mr. Lucas mentioned Marshall Bullitt. He said that he had expected to pay the noéte at the Com- mercial National Bank personally; that he did not find it convenient to borrow money at Louisville at the bank, where there had recently been a number of bank failures. Before Mr. Lucas was put on the stand today before the Senate Commit- tee, James B. Reynolds, vice president of the Commercial National Bank, had testified that the loan of $4,000 to Mr. Lucas had been through him. Mr. Reynolds was secretary of the Re- publican National Committee from 1912 to 1920 and acted as vice treasurer for the National Committee at Washington headquarters during the 1928 campaign. Since the close of that campaign Mr. Reynolds sald he had had no connec- tion with the National Committee. Reynolds Tells of Loan. Mr. Reynolds testified that Mr. Lucas had told him that he wished to borrow $4000 and that Lucas had offered, without any request from him, not to draw out $4,000 of the Republican Na- tional Committee's speci aecount in the bank until after the note paid. Mr. Reynolds insisted that ;:swnuld have loaned Mr. Lucas $4,000, because of his high regard for him, without the pledge of the money in the special ac- g‘?l‘:“tge”‘ the Republican National Com- Senator Nye, chairman of the com- mittee, asked Mr. Reynolds if Lucas had told him what the $4,000 was to be used for. “No, he did not,” replied Mr, Rey- nolds. He added that he had not talked with Mr. Lucas since the loan | was made on December 3 until he saw in the committee room today. Senator Wagner of New York asked Mr. Reynolds if he considered the use of funds of the Republican National Committee as valid collateral for a per- sonfl loaln to Mr. Lucas. “My view,” said Mr. Reynolds, that I would be glad to lnlinMr. mvcl: the money on his own note.” Mr. Reynolds sald that he had not suggested to Mr. Lucas that he pledge part of the special account of the National Committee as a guarantee for the loan, but that Lucas had told him (Continued on Page 2, Column 3.) |W0ODCOCK TO DISCUSS DRY LAW ENFORCEMENT Prohibition Director Will Address Anti-Saloon Group at Calvary Baptist Church Tonight. Attempts to enforce the prohibition law will be discussed by Amos W. ‘Woodcock, prohibition ydh'eclor. nt“g dinner meeting of the manufacture g;x;i busl{l‘e:s cnmlmlngelcl the Anti- loon gue in Calvary Ba Church tonight at 6 o'clockl.’y Eaie Dr. F. Scott McBride, general su- P tendent of the league, will speak on “Fight or Surrender.” Another talk, by D. Willam P. McCarey, field | director of the league, will deal with ' “The Problem and the Prospects.” | 'MATTER’S CHANGE TO RADIATION Professor of Astronomy at Cambridge Refrains From i Definite Forecast, but Projects Possibility. i | By the Assoclated Press. ! LONDON, January 6-—A picture of {the world ending through a slow change of matter into radiation was drawn for the members of the Mathematical As- scciation by Sir Arthur Eddington, pre fessor of astronomy at Cambridge Uni- versity, in a lecture last night. Sir Arthur cautiously refrained from predicting exactly what the end of the world would be, The four bodies brought out were ‘The found in the first north entry. other four men were hmm% have been working in the second north entry. The mine Cou 30 ‘1; fi w!ochk‘lzy inty, miles from et a7 'nt of Ines, al.d"enrenuly gaseous.” He sald would have been blown off by of the State De- ugum?;‘ ing into longer and longer wave lengths. if it not been rock-dusied the tipple & more ‘Wycming tion. ‘The ball would ever grow larger, the radiation thinner and pass- About every 1,500 million years it would double its Tadius and i5 ize would go PICTURED AS END OF WORLD Among other points advanced by the professor in a highly technical discus- sion was that there is an everincreas- ing disorganization ahead and that ultimately all organization must be swallowed up in advancing the tide of chance and chios, the universe finally reaching a state of complete disorgani- zation—a uniform featureless radius. he said, of a rubber balloon which is being in- flated so steadily that apart from their individual motion and the effects of their ordinary gravitational attracticns to one another, cele:ti2l objects are be- coming farther and farther apari sim- inflation.” memnd%&:::wuh,mmm g ‘WITH SUNDAY MORNING EDITION W \x\\ 5\\600, 427 “\ DEBT: 4 LIMERICK INQUEST SET FOR THURSDAY Jury Must Decide if Evidence Warrants Remanding Officer Langdon. Information uncovered by the police inquiry into the shooting of 19-year-old Beulah Limerick was being prepared to- day for presentation to a coroner’s jury which will meet at the District Morgue at 11:30 o'clock Thursday morning. The date of the inquest was fixed this noon following a conference be- tween Coroner J. Ramsay Nevitt, who will preside at the hearing, and Capt. Edward J. Kelly, assistant chief of de- tectives. Police had been advised by the dis- trict attorney’s office to place their in- formation before a coroner's jury as soon as practicable. The jury, police say, will be called on to decide if information given by wit- nesses and tending to link. Patrolman Robert F. Langdon of No. 5 precinct with the shooting is sufficient for pres- entation to the grand jur{. Langdon was temporarily suspended, from the date of his arrest, in an crder issued this morning by Maj. Henry G. Pratt, Superintendent of Police, and referred to the District Commissioners for approval. This is the usual pro- cedure when an officer is under investi- gation in connection with a serious offense. Should the inquiry clear Lang- don he probably will be restored to duty without the necessity of facing a Police Trial Board, Many Witnesses Face Jury. The patrolman has been held at No. 12 precinct station since Friday after- noon, two days after an undertaker found a .25-caliber bullet in the brain of Miss Limerick. Authorities say something like two- score witnesses will be summoned to the inquest, about half of whom have been described to them as admirers of the dead girl. Most of the men have been questioned and requestioned. No effort has been made as yet to obtain the release either of Langd.n or of three other men held for investiga- tion in the case—Miss Limerick’s 18- year-old brother, Vernon; Willlam Pad- dy, her escort to a dance on the night preceding her death, and Richard Reed, a young man who roomed at the Limerick home, at 18 Ninetcenth street southeast. Miss Limerick was secretary of the Sky High Whoopee Club, an association of ‘young people, which gave the dance she attended last Tuesday night at Capitol Heights, Md. Members of the homicide squad were making a systematic- effort today to interview every member of the club, who attended the dance and such guests as may have been present. Club’s Roster Checked. ‘They summoned Miss Martha Barg+ frede to headquarters this morning to assist them in the undertaking. Miss Bargfrede accompanied Miss Limerick, Paddy and ancther young man to the dance. She brought the club’s roster to headquarters today and checked with Detective Carlton Talley of the homicide squad the names of the members present. Police hoped in this way to learn more cf a dispute Miss Limerick was supposed to have had with a young man at the dance. A false lead was run down yes- terday when Detective Thomas Swee- ney of the homicide squad went to Bedford. Pa. to interview Paul Los- (Contin on Page 2, Column 3.) FISHERMEN ENDANGERED Rescuers Organize to Save 50 on Ice in Caspian Sea. ASTRAKHAN, U. 8. S. R, January 6 (A).—Rescue parties were mobilized today to save the lives of 50 fishemen and their horses, who were carried out to the Casplan Sea yesterday when a huge mass of ice on which they were fishing broke loose from shore. A storm which was blowing at the time broke off the huge 'berg and car- ried it far from the shore upon the dangerous waters. Steamers and air- planes have been dispatched from As- trakhan, Makhatchkala and Banku to aid them, AYRES DEATH IS FEARED Newspaper Man, Hurt in Panama Fighting, Reported Sinking. PANAMA CITY, January 6 (#).— Gorgas Hospital physicians feared today that Hartwell F. Ayres, American nevmpermn: who was wounded n fighting incident to the overthrow of the government Friday, could not live mu-h longer. His condition was very Jow all yesterday. His home is in Anniston, Ala, i q ening Star. TUESDAY, JANUARY 6, 1931—THIRTY PAGES. ## Dodds Nominated As Mitchell Aide To Fill Vacancy Prosecutor in Smith Co. Case Is Named Succes- sor to Luhring. President Hoover today nominated Nugent Dodds, who as special assistant to the Attorney General prosecuted three F. H. Smith Co. officlals on charges of conspiring to embezzle funds and destroy records of the company, to be an Assistant Attorney General. Mr. Dodds promotion, which is looked upon as a direct recognition of his out- standing work in the department, es- pecially in the F. H. Smith case, is to fill a vacancy caused by the appoint- preme District of Columbia. He will charge of the criminal division. His appointment to this high office in the Departmefit of Justice is understood to have been made principally upon the recommendation of the Attorney Gen- eral. Mr. Dodds {5 43 years old and a na. tive of Michigan. He was graduat from the Georgetown University Law School and for the past seven years has been special assistant to the Attorney General. Although Mr. Dodds has been with the Justice Department as a_special (Continued on Page 2, Column 7.) TALIAN SEAPLANES NEAR BRAZI. COAST Ten Pass Over Island 125 Miles From Destination of Long Ocean Hop. By the Associated Press. FERNANDO DO NORONHA, Brazil, January 6.—Nine planes of Gen. Italo Balbo's transatlantic fleet passed over this island, 125 miles from the mainland, at 2:55 o'clock this afternoon (11:55 a.m., E.B.T). Another of the big ships follow- ed in their wake, heading straight for Natal, and the handful of in- habitants on this little island strained their eyes eastward, eager for a sight of the two ships still to come. 12 Planes Brave Weather. By the Associated Press. BOLAMA, Portuguese Guinea, Africa, Janyary 6.—Twelve Italian seaplanes were striking southwestward across the equatorial Atlantic today toward Natal, Brazil, in one of the most ambitious flight projects in the history of aviation. Undeterred by bad weather, the planes took off one by one at 9 p.m., Eastern standard time, and in murky darkness began the trip of more than 1,600 miles to the northeastern tip of South America. With a cruising speed of 100 miles per hour, their commander, Gen. Italo Balbo, Italian air minister, hoped to reach Natal in between 16 and 20 hours, or between 5 p.m. and 9 p.m., Eastern standard time, today. The flight is the longest and most difficult lap of a nearly 6,000-mile air Jjourney befin with departure of 14 Savola seaplanes from Orbetello, Italy, for Rio de Janeiro. The flight may be continued to Buenos Aires, which would make the total trip around 7,000 miles. CONFEREES AGAIN FAIL ON SHOALS AGREEMENT Members Unable to Reach Com- promise on Bills for Opera- tion of Power Project. By the Associated Press. Congressional conferees failed again today to reach a compromise between Senate and House bills for operation of the $150,000,000 power project at Mus- cle Shoals, and members of the com- mittee expressed little hope for reach- ing an agreement. CAMERAMEN WIN SUPPORT OF ROVE U. S. Attorney Orders War- rants Issued for Arrest of Photographers’ Assailants. United States Attorney Leo A. Rover today overruled the action of a subordi- nate and directed that assault warrants be issued against Harry F. Kennedy, a member of the bar, and Lieut. John Maloney of the ninth precint police station. Both cases are the outgrowth of recent alleged attacks on newspaper photographers while the latter were acting in line of duty. Kennedy is charged with assaulting Gus C. Chinn, an Evening Star pho- tographer, when the latter sought to obtain a picture of his client, Mrs. Edith L. Townshend, who had preferred charges of larceny after trust against bile Lifeut. Maloney is. tacl Joe Roberts, a Herald photo- gra] , when a picture of a policeman “u&hetnuken to headquarters for investi- in the Limerick murder case was t. The officer 15 said to have Roberts’ heavy camera so that it struck him in the face, cutting his lip. Roberts glasses at the time, it Assistant United States Attorney John R. Pitzpatrick had refused to issue warrants and appeals were made to his superior, who today directed him to issue both warrants. ‘The warrants were later issued by Mr. Fitzpatrick when Chinn and Roberts appeared before him. It was announced the warrants would be turned over to the police later in the day for service. NEW YORK JUDGE RESIGNS UNDER FIRE Magistrate Goodman Was Under Investigation—Ewald Trial Proceeds. WaS Wi is stated. By the Associated Press. NEW YORK, January 6—The resignation of Magistrate Henry M. R. Goodman, whose conduct has been un- der scrutiny in an appellate division in- quiry, was announced today. Goodman'’s decision was made known by Samuel Seabury, referee, and Isidore J. Kresel, special counsel, in the investi- gation into the Magistrates’ Courts of Manhattan and the Bronx. Last month the investigators an- nounced Goodman's career on the bench was under investigation, and that wit- nesses had been examined in relation to certain cases heard by him. He was to have been questioned in private hear- ings, but these were postponed when he sent word he was {ll. Another magistrate, Louis B. Brodsky, was restrained today by an Appella Court order from exercising his judicial powers until charges against him are disposed of. Seabury has recommended removal action against Brodsky, reputedly the wealthiest of the city's magistrates, and Brodsky is to answer the charges against him on P’ridl( The_trial of George F. Ewald and his wife Bertha on charges they paid $10,000 in 1927 to a Tammany district leader and his aide to influence Ewald’s appointment to the bench, got under way in Supreme Court. Magistrate Goodman's letter to Mayor ‘Walker said he d “for the sole reason” that his health was bad. Associated service. (UP) Means Associated INDIANAN TO FACE CHARGE OF SELLING POST OFFICE JOBS Four Postmasters, Said to Have Paid Representative for Appointments, Ousted. OFFICIALS CONCERNED IN ROWBOTTOM DISTRICT Justice Department Withholds Name of Man Accused After Senators Launch Investigation. By the Assoclated Press. ‘The Department of Justice prepared today to institute criminal action against the Indiana member of Congress charged by the Post Office Department with ac- cepting money from four postmasters to obtain their appointments. Justice officials declined to name the Representative. In Rowbottom’s District, The postmasterships concerned all ‘were in the district of Indiana now rep- resented by Harry E. Rowbottom, who was defeated for re-election in Novem- ber. No formal action has yet been insti- tuted. A special prosecuting attorney prob- ably will be sent from Washington to conduct action in the case. No an- nouncement was made, but it was pointed out at the Justice Department that since the case involved political angles, and since George R. Jeffrey, United States attorney at Indianapolis, is in a sense a political appointee, he could be relieved of embarrassment by having the case taken out of his hands. Postmasters Dismissed. ‘The four postmasters have been dis- issed. There are two statutes under which action might be instituted. Under one, at least, the giver as well as the Teceiver of bribes might be open to prosecution. One provides a maxi- mum_ penalty of a year in jail and $1,000 fine. The other provides two years in jail and $10,000 fine. Two of the dismissed persons said they had contributed to Rowbottom's campaign fund and another was active mi the Representative’s defeat by a Dem- ocrat. ‘The discharged postmasters are Otto A. Wellbrenner, lleemlnt V!mmhwflllm E. , 3 Ayres, Chrisney, and Roetzel, Boonville. A beler of Dale, was suspended at the same time. Republicans ‘The investigation was Mrs. te Probe. ch ended in the by Indiana’s they reported gossi] prevalent in Indiana regarding pay- ments of money in exchange for ap- pointments. “A searching investigation,” he con- the evidence so conclusive in its character that these postmasters were dismissed.” Appointments to replace the four ‘were made immediately. NEW HEARING DENIED IN STEEL MERGER SUIT Way Now Cleared for Appeal From Decision in Bethlehem- Sheet and Tube Case. By the Assoclated Press. YOUNGSTOWN, Ohio, January 6.— Judge David G. Jenkins in Common Pleas Court denied an application for prevent the merger of Bethlehem Steel Corporation and Youngstown Sheet & Tube Co. No hearing was sought on the appli- cation, which was filed after Judge Jen- kins granted the injunction December 29, and the denial today merely took the form of a docket entry. ‘The application and its denial clear the legal path for an appeal on error, if the defending companies decide to follow that course. Officials of both companies have said that no decision as to thzér future course has been reached as_yef Bethlehem and Sheet & Tube officials held one conference in New York soon after the decision. Today another con- ference was being held in Baker's Cleveland office. Participants included James Campbell, Sheet & Tube chairmai Frank Purnell, president, and Eugene Bennett, local counsel. TOO HOT FOR TOP COATS 2 Ship Passengers, Searched, Face $60,000 Smuggling Charge. ANTOFAGASTA, Chile, .Vlmlll'{k 6 (P)—When two passengers walked ashore from the steamer Orazio today in heavy wraps despite a blazing sun, sus- picious customs guards examined them and found 245 separate silk garments on their persons. It took them half an hour to disrobe and they were held on goods valued at $60,000. ATTORNEY GENERAL’S LIMOUSINE WRECKED IN PILOTLESS JOY-RIDE Big Car Plunges Into Tree Near Mitchell’s Home When Brakes Fail to Hold. Attorney General Mitchell’s big lim- ousine went on & pilotless joy-ride to Rock Creek Valley last night, outdis- tan its chauffeur in a mad race m??nned disastrously for both man After another long session, the con- | g ferees broke up to meet tomorrow, which time they will decide either to report » disagreement or call an end to the eonlerences unless there is & sud- ak on one side or the other, , at | the hnl‘lc|k" lad ;msh‘:d into a fres in the Ro reek-Potomac parkway, yards IW] ¥ & new hearing in the injunction suit to | tin, charges of attempting to smuggle in|pe The only evening paper in Washington vntr the Yesterday’s Circulation, 112,279 TWO CENTS. CITY LOSES FINAL EFFORT 10 APPLY BORLAND TAX ACT Court of Appeals, in Dodge Case, Voids Assessment on Rectangular Lots. - Press. WEST SAYS VALUATIONS UNDER LAW WON'T STAND Commissioners Preparing New Amendment to Present to Con- gress Committees. The District of Columbia today lost its last effort to maintain the “front- foot” rule of assessments under the Borland amendment for street improve- ments when the District Court of Ap= peals, in an opinion by Justice Josiah A. Van Orsdel, held inequitable it application to rectangular-shaped lots, The appellate tribunal in three previous decisions had declared the rule in- equitable when applied to lots facing on avenues. While the adverse decision was being read in court the Commissigners and corporation counsel were preparing to advocate before subcommittees of the House and Senate District Committees an amended Borland law, which, it is claimed, has been changed to meet the specific objections of the courts. ‘The effect of the adverse decision in the Dodge case on this proposed new law was in doubt. Assistant Corpora- tion Counsel West testified before the House committee, however, that it would be impossible to make any assessments “stick” under the old Bor- land law, in view of the decision in this afternoon before the trict Committee. Lower Court Upheld. ‘The decision in the Dod&amm rendered on the appeal of the Commis- sioners from a decree of the District for him in the last election, which saw | liam W. rural carrier, Ross Wib- | fron The test is the relation of the property to other properties in the immediate vimmmu e skt = “Nor e fact that the property question may have been benefited to the full extent,” says Justice Van Orsdel, “of the assessment the test. The real question which determines the liability of appellee is whether the assessment has been imposed under a statute which can be validly applied to his property. Where the inequalities are so manifest as those shown in this case, the rule applied to property abutting on avenues would apply equally to property abut- g on streets.” Virtually Ends Law. After a hurried reading of the deci- sion handed down by the Court of A'.g- eals today against the District in the dge case under the Borland act, the corporation counsel was not satisfied that a ruling had been given directly on the question of whether the law is un- constitutional. “It simply says that the question is not whether this particular land is benefited, but whether property in the vicinity is unequally assessed,” explain- ed the corporation counsel. “It points out variations in the d of the lots. “This practically knocks out the pres- ent Borland law as there are very few cases where all the property in the vicinity is of the same depth.” Statement to Court. ‘The District in its argument in the Dodge case admitted that if the judg- ment of the lower court were sustained there would be very little property left to which the Borland amendment could be applied. In his brief on the case Vernon L. West, principal assistant cor- poration counsel, wrote: “Square 725 is one of the old squares of the city, with as regular a subdi- vision as will be found within the old city limits. If the assessment in the present case cannot be sustained it is difficult to see how any assessment can be sustained within the old city limits or, indeed, outside of it. At least it can be said that if the present assess- ment be declared invalid there are few situations in the city, or in the District, remaining in which the assessment can sustained, and apparently it would be very inequitable to sustain the few remaining assessments while a consid- erably larger body would have to be canceled under the decisions of this court. The resulting situation would be that a minority of the property owners would be taxed for highway paving and (Continued on Page 2, Column 4.) R GIRL IS FOUND SLAIN Bakery Employe's Head Crushed The chauffeur had parked the car in front of Mr. Mitchell’s residence, 84 Kalorama circle, and left it for a mo- ment. The brakes failed to se- curely and the car started of its own momentum. Rhodes made a flying leap for the running board in an eff - emergency brake, g the pavement. Temained angements car, badly dan e park overnight. made to rescue it tod jiobr?pmnl’ B_-'l, by Blunt Instrument. NEW YORK, January 6 (#).—The body of a 19-year-old girl was found today in the rear’of a on the west side where she was em- m!;“dl.n::r head crushed with a blunt t. The girl, Doris had fore A driver for the bakery firm entered m; . Wh'en "’.l?uljw;!rl fail lb::d pelrmd cakes. n r] faile a) behind _the counter he s hc('P the store Miss Rejling’s body lay on th2 and veside it was an overiucued i = Loex ‘ .