Evening Star Newspaper, January 6, 1931, Page 4

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By the Assoclated Press. . appeal of the United States to ‘Test the recent decision of Judge Clark holding the prohibition amendment in- valid was today advanced by the Su- preme Court for hearing on Wednesday, January 21. Chief Justice Hughes made this an- nouncement today and said it would be heard ahead of all cases awaiting hear- ing on that date. Counsel upholding the Clark decision yesterday requested the hearing be deferred until the middle of April on the plea previous engagements would gruent their being ready at an earlier ate. Solicitor General Thacher advised the court yesterday that the Government was ready to contest the decision at any date which might be set. He w that it be taken up soon. By hearing the appeal on January 21 the court will be able to render a de- cision before the close of the present term in June. Ordinarily an appeal filed at this time would not be heard before next Fall. Moved to Settle Old Issue. The Supreme Court also has taken action to settle a long-standing prohibi- tion controversy. It ruled illegal the Federal dry raid on the offices of the Go-Bart Importing Co. of New York in June, 1929. Meanwhile, 8 move to press 130 new Federal dry agents into service before July 1 reached the floor of the House of Representatives. Prohibition Direc- tor Woodcock’s request was contained in the first dmclulcy bill which was 1 asked for “43 370 for prombmon nnd would put 257 ad- ditional dry workers in the fleld. ap- proximately half of them agents. ‘The Interstate Commerce Commission was dealt two blows yesterday by the Supreme Court. Returning from a three-week recess, the highest tribunal set aside a commis- sion order that Florida intrastate freight rates on logs be increased, and ruled a special fund of $3,500,000 created in the reorganization of -the St. Paul Railroad was free from the commission’s control. Rates Held Unjustified. 5 In the former case the court, which several years ago sustained the commis- sion’s conditional authority over intra- | state rates, ruled the rates imposed by | the commission were unjustified. Justices Stone, Brandeis and Holmes dissented from the St. Paul decision, While. Ohief Justice Hughe- took no part in its consideration. The railroad hld intained this fund was created l?uy !.heteeso(mnulmdrwrnnl ion managers. In a case from New Jersey the court sustained the validity of uniform insur- ance commissions in its first 5-to-4 decision since Chief Justice Hughes and Justice Roberts went the bench. tices Van Devanter, Mchynolds Suther- land and Butler. INTERIOR MEASURE NEAR SENATE VOTE Bill Expected to Be Passed Today Carries Funds for Pay Raises. The Senate may pass the Interior Department appropriation bill today with money included to begin promot- ing Government employes in under- average grades, but the final decision as to whether increases in under-aver- age cases will be started during the coming fiscal year rests with conferees on the Treasury-Post Office bill, ‘The same principle 'ding these increases is mvolved in all the depart- mental bills, and, since the Treasury- Post Office meastre was first to Teach the conference stage, verdict unthlthfll'fllbellulde!orhhe others. Th: Senate has named its ferees on the Treasury-Post Office hfll and as soon as the House members are named. they will meet w settle their differences. ‘The Senate is 30 per cent of the under-average cases, the remainder to be provided for in the next two years. The House did not in- clude these increases. The Interior bill, which carries $248,- 194 for increases in under-average sal- aries, was before the Senate for a while yesterday, but not completed. Senator Smoot of Utah, in charge of the bill, to obtain final action today. CITIZENS OPPOSE PLAYGROUND PLAN Resolution Passes Against Six- teenth Street Reservoir Becoming : Recreation Center. A resotion strongly the proposal of l.he National ital Park and Planning Commission convert the al.xuem.h street, reservoir site mw a recreation center was adopted by the Sixteenth Street Highlands Citizens’ Association, meeting in the Sixth Pres- b night. The resolution was Advpud after op- position to the proposal been vo(ced by United States Mmh.l Edgar C. Synder, member of the ‘who asserted that Dr. Lewis J. Battle, pfllidmt ol ua association, appointed five assoclation memben !o eo-opcr-u with the George Washington Bicenten- nial Commission. Mr. Snyder urged thlt the committee further urge that the reservoir site be developed into & sunken garden ur some other beautifi- cation scheme. The personnel of the committee is as follows: H. Butler, M“h.?e:umgmberotuuluodl l-oehtbm & resolution lfikln‘d{wmel&wmoflu: at Sixteenth and Kennedy streets. ALLEGED LIQUOR HELD Two Men Arrested and Auto and 12 Gallons Seized. THE EVENING STA Music and Musicians Reviews and News of Capital's Programs. la occasion last night ational Theater. There was a crowd that braved rain and mud and wind and crammed itself into the theater and was enthusiastic all over the plm at what the German Opera doing. And the company n.ueu with “Goetterdammerung,” its first pro- duction of the season, and the dynamic uplift Jthat its new cutdid itself in every conceiv- able manner, | and made Wag- ner’s spirit seem as near as it does on the slopes and hills > Bayrsih, or, 1t any rate, nost as near. The music vhich, as true Vagner ites know, is a sum- Johanna Gadski, — Know, B8 SuT the threads wound through the Niebelung Ring, seemed charged with an chctrlul lyricism that must be attributed to Dr. Von Schillings. ‘This noted_director, whose fame is phenomenal in Berlin and around and about Germany, received an ovation at his entrance which was entirely justified later on by the per- formance. Words of praise having preceded him by the hundreds, there were those prepared to be wary of his much vaunted skill. However, after the first few minutes of prologue had gone their way, there couldn’t have been any one uncon- scious of the finesse that the director was exhibiting, and the singers under him carried themselves for the most part to the heights, The greatest triumph of the eve- ning—a triumph that called for an endless amount of curtain calls—be- longed to Johanna Gadski. This grand interpreter of Wagnerian roles, whose voice is still as compelling as ever, and whose acting is comparable in intensity to the greater Shake- spearean luminaries, brought power and majesty to her characterization of Bruennhilde. Those who have heard Mme. Gadski many times say that she has never given a more bril- liant performance, Certainly, last night's was something to be long re- membered. As modest as ever, too, when the audience was clamoring for a solo bow from this “grande dame' of operatic fame, she brought vut with her half the wmnn finally, somebody must have 'lven her a shove and she appeared—alone and breathless and very much the star of the occasion. There were others, however, among whom much of the laurel wreath should be divided. Max Roth, mak- his American debut, gave splen- did evidence not only of portraying Gunther with a command that was climactic in many instances, but of the fact that his popularity among ried had distinction in the dramati> moments, but seemed to lack someth in the way of vocal voice pleasing some and 'h others. Marie von Es- &°n, ‘an American girl, whose career in this oountry should from this moment forth be itively assured, was not only delightfully attuned to her role, but created a picture of youthful vitality and Iyric sweetness not usually found in such a young singer. There was Carl Braun, t0o, the same as he has been in other years, as Hagen—perhaps In better voice—and it is a splendid voice— and Isolde von Bernhard, lovely to look at, but lacking quite the strength of voice that her role called for. All of which made the evening— even with its minor discrepencies —and the fact that the smallness of the orchestra pit forced some of the musicians to occupy the front rows, a grand and glorious event. Bedecked with rich scenery and costuming, and smiled over from a corner by the benign physiognomy of its new director, J. J. Vincent, the trumpets in their wildest blasas couldn’t have over-heralded what was to come—and what did come— and what may come again tonight with a performance of Mozart's o Strikes in Haiti Settled. PORT-AU-PRINCE, Haiti, January 6 (#).—Strikes in the banana, lumber and coffee industries which began & week ago were settled yesterday with the intercession of the minister of the in- terior, who induced employers to grant a 50 per cent increase in wages. REALTY DECISION Trustees Told to Seek Liens Against Mortgagor Before Paying Surplus. Real estate brokers and operators will be specially interested in the opinion of the Court of Appeals holdi that trustees making foreclosure under deeds of trust are required to see that there are no recorded judgments or other liens against the mortgagor before pay- ing over to him any surplus remaining after satisfying the trust in which they are nnmed and the expenses incident to the sale. Justice Josiah A. Van Orsdel so de- clared today when he reversed the ac- tion of the Municipal Court in denying a judgment to W. A. H. Church, Inc., < which had sued Kirk Holmes and Ed- win M. Barr, trustees under a deed of trust made by John W, Jackson. The Church company held a recorded judg- ment against Jackson which the ap Yelllu court holds was a subsisting len against the Kroperty of Jackson, When the trustees had paid over a sur- plus from the sale to Jackson, the judg- ment cmuwr brought suit against the truste lhe trustees det‘mn'ed to the declara- tion asserting their lability under the terms of the deed of trust was only to the maker of the trust afer its other terms had been satisfied and the costs and commissions paid. The Municipal Court_sustained the demurrer and the Church Co. appealed. “There are few, if any, jurisdictions,” says Justice Van Orsdel, “where the matter of foreclosure is conducted in the summary way that prevails in the District of Columbia, where under a powar of sale conferred in the deed of trust, the trustees may on short pub- lished notice, sell the property mort- Tlged without any right of redemption n the mortgagor. The rule, therefore, that the trustees shall take notice of the records as to junior mortgages, jud ments, or liens before disposing of plus in their hands or turning it back to the martgagor, is not a harsh one, but a wholesome, equitable requirement for the protection of junior incum- brancers. It iz no burden upon the trustees to require them before paying over the surplus to have a proper search made of the records or require the mortgagor to present a certificate from the proper officers that the record is clear of existing incumbrances.” STARTING 1951 RIGHT The Lowest Prices and Best Values we have offered since 1920 800 “Thirty-five“ and Forty Dollar NEW SUITS [} R \ AR O’COATS TOO! fastest growin'g dairy— Over 8,000,000 Quarts of milk sold in the past year FAIRFAX FARMS DAIRY 1620 First St. N.W. JERSEY “GRADE A” HIGH TEST MILK, 15¢ QT. For Delivery at Your Home—Call Potomac 2301 This Dairy is not connected in any way with any dairy or ° combination of dairies either in or out of Washington. It is owned and operated exclusively by Washington people. Reviews and News of Washington's Theaters. Pd" pens ot Yhe Betasco. Phillp Barry 3 der the somewhat title “Tomorrow and ‘Tomorrow,” made its initial bid for pub- lc honors last night at the ing carried on Zita Jobann, by two — or three — actors, who gave their very all, and received uw-rd& therefor. There was beauty h’l peruon of Zita Johl‘lim there performance primed to the pluh hy Herbert Marshall and there were words by Mr. Barry that struck the ear pleasantly. But—some- where along after the nrut rather eflective monologue by Miss Johann, drawn to simrilar proportions as an O'Neil monologwe, there crept in that bane of the twentieth century— sentimentality—evith such force that sugar seemed almost to flow from the stage-garden laurel, and one expected the maid to come in at any moment and say “Pretty, please?” The love, therefore, that the young wife in a musty atmosphered house had for a young doctor who came out to stay while he was lecturing at & nearby college seemed well enough ing drawn out wordily, and only oc- casionally eventfully, and too sweet tv:l“th cream and sugar almost con- ually. Miss Johann and Mr. Marshall are, however, ideally cast and do tion, Subscribe Today It costs only about 1% cents per day and 5 cents Sundays to have Washington’s best newspa- per_delivered to you regularly every evening and Sunday mern- m mm N e o ‘from, “He " e a%“""s. NINTH MAN KILLED Chicago Policeman Active ith Pistol in Line of Duty. CHICAGO, January 6 (#).—There ‘were nine notches on Police Sergeant Frank J. Reynolds' pistol today. His hinth victim, William Churchill, color~ ed, who fired on a pursuing police squad, died in a prison hospital last night. Reynolds was officially credited with Kkilling eight men in the course of duty, although his comrades said the num- ber should have been ten. He has three times won the Tribune's annual award for conspicuous acts of bravery by members of the fcrce. Indian Leader Imprisoned. BOMBAY, India, January 6 (P) Vallabhai Patel, former acting prs dent of the All-India National Con- gress, today was sentenced to nine monuu’ simple imprisonment. He wu ted December 6 at Ahmadabad oonnectlon with a speech made Ln Bombay. WHAT DOQES 1931 MEAN TO YOU? Are You As'Well Off As You Were in 1929? If not, and you are a man of character and education and can furnish satisfactory references as to your integrity, there is open to you a lucrative, permanent position in Washington with the sales organization of a large corpora- Prior selling experience while helpful is not essential, since it is the policy of the corporation to train its men to sell according with its own high standards of dealing with the public. College men, 35 years of age, or under, will be preferred. [l Your reply should state briefly your experience, age, ing. ||| earning power, education and general background. Applica- ‘Telephone National 5000 and the delivery will start immedi- ately. The Route Agent will col- lect at the end of each month. sideration. tions containing this information will receive first con- Address Box 202-R, Star Office Greetings to New Center Market Dealers OLDENBERG’S sends greetings and wel- comes you as a neighbor and friend. We take this opportunity to extend to you our hearty good wishes for your continued success in your new Iocation in New Center Market, the logical place for Washington’s largest and best Accounts Invited! FREE PARKING SPACE OPPOSITE 8TH ST. ENTRANCE CONVENTION HALL MARKET (5th and K Streets N.W.) DEALERS Who Are Now Located Here After the Closing of Center Market Use This Directory for Your Dealers at Convention Hall Market ROBERT BOWDLER BRIGGS SUPPLY CO. MARION F. FEDERLINE JAMES D. FEDERLINE R. B. GROOVES, Lunch Room E. GUNDERSHEIMER & SONS C. H. JAVINS & SON GEORGE A, KIENEY C. KROGMANN & SONS F. W. LOETSCH A. LOFFLER PROVISION CO. McCABE, FLORIST NEW YORK BEEF CO F. A. OSTMANN FAIRFAX OYSTER JOS. PHILLIPS CO. RAYMOND G. REED H. LOUIS ROBEY WALTER R. SACKS A. T. SCHROTH & SONS C. CASSARD SCHROTH EDWIN SHUFFLE THOMAS & SLYE WALKER & EVANS Successors to P. Marion Walker WASHINGTON DAIRY CO. ICHOLAS S. ZURAS