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The only evening paper in Washington with the Augcinted Press news WEATHER. (U. 8. Weather Bureau Forecast.) Fair and not so cold tonight; minimum temperature about 34 degrees; tomorrow g partly cloudy and slightly warmer. Tem- Highest, 51, at 1:30 p.m. yes- ; lowest, 27, at 7:40 a.m. today. report on page 4. Closing N.Y. Markets, Pages13,14 & 15 he Foening Sta Yesterday’s Circulation, 119,733 Entered as post office, No. 31,691. cond class matte] Washington. D. c WASHINGTON, 0, THURSDAY, UNLIMITED CASH PLEDGES DIMINISH RUN ON PERPETUAL Institution Reports Opening: of New Accounts Along With Renewals. REWARDS SPUR SEARCH FOR ORIGIN OF RUMORS | | Results Kxpected Soon as City- Wide Investigation Is Begun by Secret Service Agents. The Star Evidences Faith in Perpetual By $25,000 Deposit As an evidence of its knowledge of the soundness of the Per- petual Building Association, The Evening Star Newspaper Co. to- day opened an account at the as- sociation and placed on deposit there a sum of $25,000. Fle Newbold, business manager of The Star, after taking this step under authorization by the directors of The Star Co., announced to a group of cus- tomers standing in line before the Perpetual Building that in addition to placing this sum on deposit, The Star Co. had guar- anteed all accounts employes of ‘The Star have or are opening at the building loarn association. John Joy n, dean of Washington bankers and one of the founders of the building and- loan business in Washington, also placed on deposit at the Perpetual today a considerable sum of money out of his personal large deposit was placed with the institution this Walter 8. Pratt, ‘ashington - business An unlimited amount of cash was placed at the disposal of the Perpetual | Building Association by other Washing- ton banks today as a run, started yes- terday by false rumors, diminished. | ‘The efforts of banking interests and business leaders to stabilize confidence in the building association obviously had a salutary effect overnight and a number of depositors who had hastened to withdraw their savings in the early hours of the excitement returned to reopen. accounts. The institytion also reported the opening ef & number of new accounts. Source of Reports Sought. In the meantime, Secret BService agents, at the direction of the office of the controller of the currency insti- tuted a city-wide investigation to de- termine the source of the fake reports that weakened public confidence in one of Washington's largest and old:st financial institutions. Offers of rewards | for information as to the perpetrator | led investigators to believe that the per- | son would soon be found. ‘When th> building association opened’ at 9 o'clock this morning, there were | approximately 300 persons waiting in an | orderly line, which ran out E street from Eleventh to Twelfth, and a short | distance up Twelfth toward F street.| A half hour later the line extended closer to F street, but diminished as the accounts of the depositors were closed out. In the line, however, were a num-‘ its, and they were permitted to enter ?t?: building through a side entrance on | E street. { Throughout the day the depositors continued to file in and out of the| Perpetual Building, but shortly after | 2 o'clock the line had shortened ma- terially in length, stretching from the front door of the building on Eleventh street near E to Twelith E streets Despite the withdrawals, Edward C. ‘Baltz, secretary of the institution, an- nounced that up to 2 o'clock this after- | noon 26 new accounts had been openes representing a total deposit of nearly $100,000. This was considerably in ex- cess of a normal day's business. New accounts, he said, average 20 a day. One of the latest of the new accounts was opened by the Washington Savings Bank with a deposit of $10,000. The total amount of withdrawals, however, | jact nien | over which Bishop W. N. Ainsworth of will not be tabulated until the InsHu | Necly 5o ne ol san g Qs | Birmingham is presiding. tion closes its doors with evening. Some Decline to Withdraw. No attempt was made by officials of the bullding association to dissuade any depositors from withdrawing funds, and the clerks handed over the money as men and women, some of them with children, passed before the long marble counter and surrendered their pass books for redemption. Some of those who got into the building left, however, without withdrawing _their deposits after conferring with officials and being given further reassurance that there 15 every reason why the association should command complete confidence. The association, it was pointed out, is permitting the wholesale withdrawals in the face of the banking laws which gives it the privilege of withholding payments for 30 days. Officlals ex- plained that when the bank opened business this morning it had on hand $1,750,000 in cash, $750,000 of which was brought in early this morning from the Riggs National Bank. This $750.- (Continued on Page 2, Column 5.) R sariii oty 14 RELIGIONISTS HURT Hindus and Moslems Clash in Ran- goon, Burma. RANGOON, Burma, February 5 (#).— Seven Hindus and seven Moslems were injured in a communal clash here yes- terday. ‘The Hindus “‘ehrg carrying a golden brating. Hindu music disturbed the a conflict ensued, with stones and bot- ties as the principal weapons. The Perpetual has been pledged association. ‘The Federal-American National $300,000 to be placed at the disposal oft customers. amounted to about $80,000. vision to require 30 day's notice for withdrawals. the District, being purchased by thef are on conservative appraisals. ciation is in excellent shape. DEATHS PASS 100 FROM EARTHOUAKE New Zealand Towns Fright- ened by New Tremors—Res- cue Work Dangerous. By the Associated Press. NAPIER, New Zealand, February 5.— Prightened by new tremors which top- pled standing bulldings about the heads of rescue squads, authorities today speeded up complete evacuation of this once beautiful seaport. An appeal was sent to railroad officials | at Wellington to provide the rolling stock necessary to take refugees from | this city and the surrounding country to camps where they can be cared for until sanitary conditions can be re- stored here. With every hour the death toll has | mounted and tonight Red Cross officials said the number of dead in Napier, surrounding vilj mount well past'1,000. Thousands are mued and virtually every one is home- Want to Search Ruins. ormer residences and the ruins for valuables, relics like. The authorities have clamped down on this as dangerous and as liable to result in further casualties. The ml:e systems have all been de- stroyed and if any great number of people remain in the devastated zone much lowr pestilence may be ex- pected. e British steamer Veronica, which was in the harbor when the quake oceurred, has asked for mnew demolition stores to level buildings which are considered hazards. Two Women Rescued. Rescue squads have confined their activities principally to digging out bodies from the debris. Tonight two women were found alive in a ruined house and extricated. They had been imprisoned since Tuesday morning. Facts Which Indicate Why Perpetual Is Safe! The following pertinent facts revealing the soundness of the Perpetual Building Association and the sufficiency of its resources to meet demands of its depositors were made public toda: customers by local banking institutions who know the soundness of the Riggs Naticnal Bank placed at the disposal of the institution $750,000. Reports.of the controller of currency, Treasury Department, which maintains supervision over all local building and loan associations, showed that on January 10, last, the concern had a cash reserve of $1,800,000. While approximately $800,000 was paid out to customers yesterday, new deposits or redeposits by customers whose fear had been dispelled ‘While the institution is empowered under rules of Government super- stances, it has remained cpen and paid off all depositors who insisted on Under iaw, this and all local building and loan assoclations are re- quired, and do, invest their capital funds in first trusts on dwellings in The Washington Clearing House Association announces that the asso- | the charges by four traveling elders the use of all cash needed to pay its Bank has pledged a sum of about of the Perpetual, if needed, to pay withdrawals under existing circum- ir occupants. The first trust lcans TRIAL OF CANNON ENTERS THIRD DAY Interest in Case Centers on Role Played by Richmond Detective. The hearing of Bishop James Cannon, jr., entered its third day this morning | at the Mount Vernon Place M. E.| Church South with two lines of pro- cedure in prospect—hearing additional witnesses and continued sifting of a mass of documentary evidence. Chief interest was centered today in | the report that Frank Morgan, a Rich- mond detective, who is said to havei worked for months developing the evi- | dence now being presented against Bishop Cannon, would come before the board hearing the case. Morgan ap- peared at the scene of the hearing for a few moments yesterday, but it is un- derstood that the trip was only in the nature of a conference with those push- ing the case. | Morgan has been recalled by Depart- ment of Justice officials as one of the special agents who developed the case against Gaston B. Means some years ago when Means was sent to Atlanta Penitenitary after conviction in New York of conspiracy to violate the pro- hibition laws and of attempted bribery in connection with the operation of the Creager Plate Glass Co. In sharp contrast to the opening ¢ of the hearing, when the prelf were disposed of with such dispatcl that early conclusion of the case was forecast, proceedings slowed down yes- terday to the point where it was be- lieved that at least two days would be required to close. 48 Separate Charges. ‘There are indications that the docu« mentary evidence in the case is being gone into with the greatest of detail. There are 48 separate accusations in the bill of indictment being presented, and because of the known gravity of against the noted Southern churchman, which have never been made public, he is reported to be receiving full oppor- tunity to develop his defense, and his cbjections are said to be another fac- tor working against speed. | In spite of his physical condition, | which is keeping him confined to Sibley | !$25,000,000 Fund Would Be | Available Under New Terms | be loaned to the drought-stricken farm- Premier Forbes today _designated | Hospital, which he leaves only to at- | ber of persons who wanted to make de- ‘ day there were 55 distinct shocks. | Sunday as a national day of mourning. Churches of all denominations were asked to arrange appropriate services. Between 9 pm. and 5 am, Wednels- n two cases babies were born to refugees in the street. No Americans Injured. | By the Associated Press. The American consulate at Welling- | ton, New Zaaland, reported to the State | Department today that no names of | Ameriacns have yet appeared on the| ‘mlil(ully list of the New Zealand clnh-i quake. RADIO SINGER SHOT DEAD BY SHELLSHOCK VICTIM BY the Associated Press. | MEMPHIS, Tenn., Pebruary 5.—A young choir director and radio singer, | Floyd McKissack, 22, was shot to death | made insane by the after effects of war- | time shellshock, was held today as the slayer. Five shotgun slugs killed McKissack as he rummaged for a late evening meal |in the kitchen of Mrs. Joe Kennedy, his | landlady, and Neely’s sister. nedy's husband is a police sergeant. Surrendering voluntarily, Neely told police | “1 wanted to kill them all They | were after Joe's (Joe Kennedy) property | and Joe was my friend. When I saw Floyd standing there in the kitchen eat- | ing Joe's food, I couldn’t stand R.” tend the hearing, Bishop Cannon sur-| prised the board of traveling elders by asking for a night session last night, after two lengthy day sessions. For nearly three hours the board of 12 elders hearing the charges remained in night session, with George P. Adams, secretary-treasurer of Blackstone Insti- tute, testifying. Bishop Cannon for- merly headed Blackstone, which is an institution for women. Mr. Adams was said to have been brought into the case by the bishop. Bishop to Leave Case. | Bishop U. V. W. Darlington of Hunt- | ington, W. Va., one of the observers for the Southern Methodist Conference. | wiil withdraw from the case with the conclusion of today's hearing, as he leaves New York for Europe tomorrow. His place will not be filled, leaving Bishop W. F. McMurry of Louisville as the only observer; but Bishop Darling- ton said his absence would make no difference in the conduct of the case, In event two-thirds of the board air- | ing the charges find them of sufficient | merit, Bishop Cannon would go betore the next conference for trial, bemng | suspended in the meantime. | Masons Honor Ortiz Rubio. MEXICO CITY, February 5 (#)—| President Ortiz Rubio has been chosen for elevation to the thirty-third demee‘ ot the Masonic order. A committee of | American and Mexican Masons are call- ing upon him today to inform him of the honor. HEADACHE PATIE ' ON JOBS IN TE Promised Two Cases Monthly for $50 and Board, but Are Behind on Schedule. | By the Associated Press. | CHICAGO, February 5.—The head- | ache schedule is running behind time | at the University of Illinois Research | Hospital. | . Theodore Roberts and James Cal- lohan, who agreed to deliver two good | migraine headaches every 30 days in exchange for $50 a month each and their board and room, have had lots of pains, but for the most part they have been of the homegrown variety and due to the fan mail they have received. rts has had but one genuine migraine headache since he submitted | himeelf to the hospital, where doetors NTS FALL DOWN STS AT HOSPITAL hope to find the cause and a cure, | while Callohan hasn’t produced one since he joined the pay roll January 13. He is almost two headaches in arrears. Meanwhile mail comes in from all | over the United States, England and South America. Many of the headache fans suggest various remedies. Others have volunteer:” to supplant Roberts and Callohan, s!ould the hospital want to ch..mLe patients. ‘The MEN‘I authorities, however, are not looking for any more sufferers and are confident that Roberts and Callohan will be able to deliver the goods in time. |REPORT OF EARTHQUAKE RELIEF AGREEMENT REACHED IN SENATE SENTTO PRESIDENT Kept Secret. HOUSE YET TO BE WON, BUT ACCORD EXPECTED Desire to Avoid Extra Session Spurs Efforts to Compromise Issue at Once. By the Associated Press. An agreement on the relief contro- | versy acceptable to both Republican and | Democratic leaders in the Senate was forwarded today to President Hoover. What attitude the President will take remains to be seen. He has taken an adamant position against making Fed- eral funds available to the Red Cross for relief purposes. The proposal calls for an addition of $25,000,000 to the drought loan fund already appropriated by Congress (o take the place of the disputed $25,- 000,000 added by the Senate to the In- terior Department appropriation bill and aimed to be given to the Red Cross. | House Republican leaders have opposed the fund vigorously. Acceptance Is Urged. Senators Watson of Indiana and Mc- | Nary of Oregon, the Republican chief- | tains, promptiy dispatched the compro- | mise suggestion to the White House, urging acceptance. The House leadership still must be | consulted, but the compromise was ex- | pected at the Capitol to result in quick | action, with the March 4 adjournment | of this session drawing closer. The Demgcratic forces have sponsored the $25,000,000 fund. Under today's suggested compromise there would be | some liberalization of the terms under which the additional $25,000,000 could ers. The exact language of the agree- ment was withheld pending the out- come of the negotiations. Extra Session Threat. ‘The solution for the controversy, | which is threatening an extra session of | the new Congress in the Spring, was ronounced acceptable by both Repub- can and Democratic leaders in the Senate. i “All I can say,” commented Senator Robinson of Arkansas, the Democratic leader, “is that we are not standing on technicalities in this emergency.” HOOVER AIDS IN ARKANSAS. Survey by Airplane of Drought Con- ditions to Be Made. LITTLE ROCK, Ark., February 5 (P). —Col. Campbell Hodges, military aide to President Hoover, and Red Cross and military officials were engaged here today in mapping out an itinerary for an airplane survey of drought condi- tions in Arkansas which he said would be made for Secretary of War-Hurley. He was silent as to the pu of FEBRUARY 5, 1931 -FOR TY-SIX PAGES. () Means Associated TWO CENTS. Press. CHEST LACKS ONLY 7347035 REACHING GOAL SET IN DRIVE Contributions of $242,684 Reported at Campaign Rally Last Night. Success will crown the efforts of | ‘Washington's Community Chest workers tomorrow. _The solicitors returned to| work today after all but reaching their goal of $1,950,154.40 last night. The grand total of the fund was raised to $1,876,684.04, or $73,470.36 short of the required amount, at a huge rally last night in Constitution Hall. Contributions yesterday alone reached the staggering sum of $242,684. Nearly 12 pledges for $59,686.64 reported last night by the governmental unit increased the aggregate sum of that group since the campaign began lo $436,106.17, or $36,106.17 above the revised quota. The unit’s allotment | originally was $300,000. Other Units Report Gain. The metropolitan unit came from behind with 4,936 donations for $84,765.75, which boosted the total to rposes the survey. Detalls of the itinerary, he said, will not be made public be- cause it might defeat the aim of his investigation. Albert Evans, Red Cross disaster relief worker, Maj. O. S. Wood of the |for a total of $24,286.81, or $286.81 over Militia Bureau and Capt. Lewis A. Pick, Government engineer, will accompany him. Wood and Hodges arrived from | Washington by airplane late yesterday | and met Capt. Pick here. report directly to Secretary of War Hurley upon his return to Washington. UNKNOWN SOLDIER TOMB TO CLOSE TEMPORARILY | Construction of New Approach to Arlington Amphitheater Causes Action. The Tomb of the Unknown Soldier at the Arlington Amphitheater is to be closed to the public temporarily. In making this announcement today the | War Department explained the action | was necessitated by the work now in| progress for the construction of the new approach to the amphitheater. The extensive character of the work | in progress to improve the ground sur- | rounding the amphitheater and making the Tomb of the Unknown Soldier more accessible has now reached a point which renders it impracticable to per- mit the public to conduct any cere- monies a¢ the Tomb. Although the conditions now exist- ing will continue only a short time, the department is unable to say when the Tomb will be open to the public again. deplored the SPEEDED TO KANSAS CITY /e e Snest workers to atd- in- cde | cating the public to have greater con- | News of Shock Flashed to Distant| Point Before Windows Quit Rattling in Albuquerque. By the Associated Press. KANSAS CITY, February 5—A 30- second earth tremor in New Mexico last night was reported in Kansas City before the windows of Albuquerque stopped rattling. With the report cfimh! assurance property damage was slight. { B. Laizure, Kansas City amateur Radio operator, was searching the earth for a cg’-ll when he picked up Donald Drake of Albuquerque, the two convers- ed in code until 10:36 pm., (C. 8. T.) when Drake abruptly left the air. He returned soon with: “Just had an earthquake, I ran out- doors for fear the house would fall on me. No serious damage. Am signing off. Have to pick up the broken dishes.” —a Prayers for Rain Asked. CINCINNATI, Ohio, February 5 (/) —Special prayers for rain to relieve the drought and prepare the earth for an abundant harvest were ordered today by Archbishnr T.{McNicholas $389,750 against a quota of $410,000. | _The group solicitation unit came | through with $60,350.67 to advance its | total to $205,802.60. The schools unit obtained $13,554.38 Union Builds Home For Poor Member In One Work Day By the Associated Press. CHARLESTON, W. Va., Feb- ruary 5—A dwelling has been built here in eight hours. The speed may be accounted for by the fact that 30 carpenters, 10 bricklayers, 6 laborers and a superintendent did the work. The local carpenters’ union built the house for one of their older fellow members who had been living at a charitable institution. WHEAT SHORTAGE 5 HELD POSSBLE Farm Board Head Views Con- tinued Drought as Serious Crop Factor. lxéru Associated Press. ‘hairman Legge of the Farm Board today declared & shortage of wheat was “entirely possible” if the drought continues. Legge cited last year's carry-over as only 40 per cent of normal as a con- tributing factor. The drought has affected wheat serfously in the Middle West, but he said it was too early to predict how farreaching the results would be. ‘The chairman said conditions in the its quota. Special Gifts Committee. | In reporting additional subscriptions | | of $16,127.91, Newbold Noyes, chairman Col. Hodges said he would submit his | of the Special Gifts Committee, denied | main were serious and that in the Far | West, where the wheat apparently is in the best condition at present, harm was threatened by lack of snowfall in the mountain country. Spring Rains Needed. his group had sought to shift any of the burden to the governmental unit, as reported in an afternoon newspaper. He was rewarded with ovation after ovation after he launched into an ac- count of his unit's activity. Mr. Noyes pointed out his workers had cbtained a total of $822,609.86 from 1767 sources, an average of more than $1,000 from each. He was generous in his praise of the governmental and other units. He added, however, that his group had nothing to be ashamed of. “We'll take 50 per cent of any deficit and do our level best to make it up,” he_promised. Prolonged applause was received by Frank T. Birgfield of the Treasury De- partment, a few minutes later when he declared the governmental unit bore no grudge against any one. “If there’s one man in this Chest I| take off my hat to, it's Mr. Noyes,” Mr. | Birgfield shouted. Crosby Commends. Gen. Herbert B. Crosby, a District Commissioner, commended the solicitors on the work they had done. He laid particular emphasis on the importance of carrying on charitable work in the unemployment and drought crisis by public_contributions instead of govern- mental appropriations. Words of encouragement also were voiced by John Poole, Chest president. Although failing to mention the Per- petual Building Association by name, he fidence in Washington financial insti- tutions. Edward F. Colladay, campaign chair- man, added his congratulations to those of the other speakers. He predicted the drive would culminate successfully at a luncheon tomorrow in the Wil- lard Hotel. He !x?lalned no report meeting would be held today, Gifts of $100 or More. Gifts of $100 or more are as follows: H. H. Shelton, $300; Sol Herzog, $300; Miss Flora B. Weich, $300; Mr. and (Continued on Page 2, Column 4.) MEXICO GETS TOY DUTY Tariff of 50 Cents Per Pound Is Placed on Imported Articles. MEXICO CITY, February 5 (#).—A tarift wall was erected by the govern- ment today about the Mexican toy in- dustry. ‘To keep out foreign dolls, toy engines and {umpmz jacks, a duty of approxi- mately 50 cents per pound was placed on these and the other imported articles. ‘Toys are manufactured on a I scale in Mexico, but the industry now has met strong competition from American, German and Japanese manu- 3. T. to be said dally in all Catholic churches of the Cincinnati Archdiocese. facturers. Legge said this lack of snowfall and subsurface moisture would seriously af- fect the irrigation districts dependent upon it, unless surface rainfall should come during the Spring. The Western area is most likely to suffer. As an example of conditions in the Middle and Central West, Legge cited Indiana. The central parts of the State are in good condition, but the north and south are bad. The Farm Board lacks figures on the depletion of the carry-over stocks. ‘Whether the drought would have any effect on corn remains to be determined, but if it continues it will affect all crops. “The drought would do more dam- age than a surplus,” Legge said. Purchases Disclosed. He also disclosed that wheat pur- chases by the stabilization corporation were upward of 10 per cent more than ordinarily at this time. is be- cause the highways have been open throughout the Winter and the crop could be moved to market during a season when normally it was impos- sible to move it. He said he expected that purchases in the next two or three months, the period in which wheat now being bought, ordinarily reaches the market, would be less. Large Areas Affected. Reports of the Department of Agri- culture characterized the week ending yesterday as one of the driest and warmest. of record for this season. “The lack of moisture in large areas,” the department reported, “especially as relates to the subsoil, continues very acute, especially from the Mississippl Valley eastward over the Ohio and Potomac drainage basins. Many com- plaints of water shortage continue from some of these sections, especially from the upper Ohlo Valley, where wells, cisterns, many springs and most small streams are dry in places, and farmers are forced to haul water from con- siderable distances.” In Arkansas reports of “no rainfall of consequence” continued. In Okla- homa, an important wheat State, there was no rain and soil moisture was short. Tennessee was dry and Kentucky had light showers in its western portions. ‘While it was an unusually favorable week for farm work, much of the Win- ter wheat belt was without a protecting cover of snow. Yet, the department held, Winter wheat was holding up “re- markably well.” Tnnl;mhtion Hoaxer Jailed. MUNICH, Bavaria, Fcbruary 5 (#).— | dol Franz Tausend, who deceived a num- ber of prominent persons and almost convinced the German mint officials that he had discovered the secret of transmutation of metals, today was sentenced to years and eight months in prison on a charge of fraud. BLAINE LINKS £.0.P. CAMPAIGNS WITH Asks Bartlett if Beneficiaries Gave Million to Coolidge and Hoover Funds. By the Associated Press. Chairman Blaine of the Senate com- mittee investigating postal leases today asked former Assistant Postmaster Gen- eral Bartlett if he would be surprised to know the beneficiari's of postal leases had_contributed over $1,000,000 “to the Coolidge and Hoover campaign funds.” Questioning the former post office official during the committee's investi- gating today, Blaine refused to make public the for his question. He sid it would be developed tomorrew after the committee had completed its questioning of Bartlett. The latter did not answer the ques- Asked About Stearns. Chairman Blaine asked Bartlett if Frank M. Stearns, close friend of for- mer President Coolidge, had any part in negotiating postal lease “He didn’t come to me,” Bartlett re- plied. “Didn't he come to the department?” “I didn’t observe him.” Bartlett said the question cf the can- cellation clause in the St. Paul lease had been a subject of discussion for | many months. 1t first came to his attention, he said, when the Budget Bureau wrote a letter to the Postmaster General complaining about the lease. “Havé you any feeling that cam- paign contributions were involved in the letting of some of the leases?” Blaine asked Bartlett. “Nothing definite,” the latter replied. “Anything indefinite?"” “I suppose—I hate to say I have never heard any rumors.” Uncertainty of Belief. umors that led you to believe that contributions were expected from bene- ficiaries under these leases?” “I'd hate to say. I don't think I can say yes or no—it’s just—-" ‘There were some vague rumors?” think I've heard people say they ought to be given fair treatment because they had given to campaign funds in the past.” It was that Blaine suggested the contributions of “a million and a quarte! Bartlett said he did not want to an- swer, but added at the department, “They said 1 was pretty hard on these fellows.” Brown Challenged by Maas. Postmaster General Brown was chal- lenged today in the House by Repre- sentative Maas, Republican, Minnesota, to make public an investigation of charges by Maas against Charles J. Moos, St. Paul postmaster. Demanding recognition of his recom- mendation before House Republicans hold their caucus on February 27, Maas said Moos was linked directly with a St. Paul post office lease now under investigation with about 6,000 others by a special Senate Committee. He said Brown had “forgiven, ex- cused or condoned” Moos after an in- vestigation that “substantiated” the charges. Asking an explanation, Maas inquired: “Can it be that they are afraid of Mr. Moos?” The Representative said the postmas- ter had been serving more than a year overtime, without reappointment, and that a demand to the administration for replacement had be:n denied. Opportunity to Know. Regarding Moos’ connection with the St. Paul lease, Maas said: "He became postmaster before the "(Continued on Page 2, Column 1.) WINS DIVORCE DECREE Daily Beatings End 46 Years of Married Life of Chicago Couple. CHICAGO, February 5 (&).—Mrs. Pauline Dotzaner, married for 46 years, was granted half of her husband’s $75,- 000 estate and a divorce by Judge Riix ye y after she had testified_that he fell into the habit of T e (L g uetors bresk was do this “In the old country.” POSTAL LEASE QU1 Radio Programs on Page D-3|% COURTTEST VOTED BY SENATEIN RO OVERPOWER BODY U. S. Attorney Told to Op- pose Right of Dr. G. 0. Smith to Hold Office. CHAMBER WILL START ACTION IF HE DOES NOT Commission Chairman's Nomina- tion Rejected on Reconsidera- tion by Vote of 49 to 33. BY G. GOULD LINCOLN. The Senate today without a record vote adopted the Walsh resolution to begin court proceedings for the ouster of Dr. George Otis Smith, chairman of the Federal Power Commission. The resolution agreed to by the Sen- ate requests the United States attorney for the District of Columbia to institute quo warranto proceedings in the Su- preme Court of the District to test the right of Dr. Smith to hold office as & member of the Federal Power Com- mission. The resolution also authorizes the Senate Committee on Judiciary to en- gage counsel to assist the district ‘at- torney in the prosecution of the case. It is provided that if the district at- torney declines to institute the pro- ceedings against Dr. Smith requested by the Senate, the counsel employed by the Senate shall then proceed in the name of the Senate to institute such proceedings himself. Walsh Pushes Case. The Senate, according to Senator Walsh of Montana, qul:l’ of the reso- lution, is an interested party and there- grenenuued to take the matter into urt. The Senate by a vote of 40 to 33 yes- terday formally rejected the nom.hny- of Dr. Smith to be chairman of the Federal Power Commission. At same time, the Senate reconfirmed the nominations of Commissioners Garsaud and Draper, who like Dr. Smith had been under fire because of their action in letting out of office two officials of the old power commission, Charles A. Russell, solicitor, and William V. King, chief accountant. Others Are Confirmed. adopted, Br. Simith s mads e, opted, Dr. target of the Senate. A?llm s commissioners, together with the other two memb;ryx of :ehe(e&.mmhlon. confirmed by a vote of Senate before the Christmas holidays. Im- mediately upon the return of the Senate after the holidays, motion was made by Senator Walsh of Montana to re- consider the nominations of Dr. Smith and Garsaud and Draper. Senator Walsh and others held that the three commissioners had shown themselves friendly to the power trusts and unfriendly to the public in let! out of office two officials who were hels to be enemies of the power trusts. The Senate reconsidered the votes by which the nominations were confirmed |and adopted a reselution requesting Sresldem Hoover to return the nomina- ions. Declines to Resubmit. President Hoover declined to resubmit | the nomination of the three commis- sioners, holding that the matter of their appointment had gone too far for the Senate to reconsider its action. He was supported in his contention by the opinion of Attorney General Mitchell, He held that to yield to the request of the Senate would be to relinquish the power of the Chief Executive to remove from office Federal officials and to turn that power over to the Senate in viola- tion of the Constitution. . ‘Whether the court will agree that the Senate is an interested party under the law is a matter that the court will have to determine for itself. Sen- ator Shortridge of California, who op- posed the Walsh resolution, holds that under previous decisions of the courts the Senate cannot rightly be held to have an interest in the office of the chairman of the Federal Power Com- and under that right to bring inued on Page 2, Column 8.) BANK OF U. S. FUNDS DECLARED DIVERTED Inquisitor Offers Evidence to Grand Jury After Questioning Officials. By the Associated Press. NEW YORK, February 5.—The first direct charges of fraud in the operation of the Bank of the United States echoed through two investigations into its sus- pension today. Max D. Steuer, State and county ia- quisitor, declared yesterday in examining the Bank's officials that they had di- verted substantial funds in the form of loans to subsidiaries. Going before the grand jury later, he offered evidence which it was believed would result in indictments shortly. Questioning Henry W. Pollock, vice president, and Saul Singer, executive vice president, Steuer charged specif- ically that Edmund Wright, another vice president, had illegally borrowed $17,000 from the bank through the York Investing Corporation. “serious the State Banking Department items totaling $700,000, @ large portion of which he said was loaned to officials se deals, witness pleaded lack of memc or lack owledge to most questions,