Evening Star Newspaper, October 7, 1931, Page 2

CONTEMPT CHARGE | IS LAID T0 JUROR Veteran Accused After Secret; . Probe of Third Degree Inquiry Facts. (Continued From First Page) | charged, was deliberate, and hence cop- | temptuous. i ‘The petition filed with the court re- counted how Johnson and other pros- pective members ot the July inquisi-' torial body were questioned carefully | regarding their qualifications prior to being sworn in, with particular refer- ence to pensions or other Federal in-| come. 1 Will ful Failure Charged. The court was advised that “Henry L. | Johnson, one of the prospective jurors | on oath then and there being interro- | * gated and hearing such questions, not- withstanding his duty in the premises but in utter disregard of said duty, will- fully and contemptuously refrained from advising the court of the fact, as he then and there well knew it to be, that is to say that he then and there was and had been for a long time prior thereto a pensioner of the United States of America, receiving compensation in the sum of $30 per month by virtue of naval service in the war of the United States popularly known as the Spanish- American Wa: Because of his “willful failure to ad- vise the court of said pension being re- ceived by him and being otherwise qual- ified,” the petition stated, Johnson was selected by the court and empaneled as a member of the grand jury for the July term. Faces Criminal Charge. “The said Henry L. Johnson,” the plea said, “well knowing his status as a pensioner of the United States of Amer- ica and his disqualification thereby to sit as a member of the grand Jjury, did participate in its deliberations and ac- tions continuously from July 7, 1931, until September 23, 1931, on which lat- ter date he was discharged by the court from further service because of knowledge then gained of his pension status.” The court was asked to enter an order “requiring the said Henry L. Johnson to appesY in this court in person at a day certain, and to shcw cause why he should not be held in contempt of this court end punished therefor as for a criminal contempt.” In reciting the precautions taken last July in Justice Peyton Gordon's Court to guard against ineligible jury mem- bers, Rover's statement declared: “That on July 7, 1931, there appeared ® * + a large number of residents of the District of Columbia for the purpose of examination touching on their quali- fications to act as members of the grand jury * * *, that among others appearing was one Henry L. Johnson; that the sald individuals, in- cluding the said Henry L. Johnson, be- ing called before the court, were asked to and did take oath that they would well and truly answer all questions pro- pounded to them touching on their qualifications to sit as jurors on the said grand jury: that the oath aforesaid was administéred to the said individ- uals, including the said Henry L. John- son, by one William S. Adkins, a duly appointed deputy clerk of this honor- able court. Questions Quoted. “That among questions then and there propounded by the said Willlam §. Adkins, deputy clerk, by direction of the presi Jurors, were the following: “l. ‘Do you get any pay or pension of any kind fro m either the United Btates or the District government?’ “2. ‘Do you get any money in any way from either the United States or District Government?" “That it then and there became the duty of prospective jurors present, in- | cluding the said Henry L. Johnson, on | oath to well and truly answer the afore- | said two questions and others; that the | g:esldmz judge would then and there | advised as to the said prospective | jurors’ qualifications for service on the | grand jury. “That the said two questions as afore- said and others were asked not once but many times in a clear tone of voice by the said deputy clerk, William 8. Adkins.” Claimed He Did Not Hear. ‘When questioned by Rover du, the inquiry which led to disqualifia- tion of Johnson, disruption of the grand jury’s third-degree proceedings and invalldating of nearly 180 indict- ments in many cases, Johnson de- clared he did not hear the question about pension or pay. All' other members of Jury, however, voluntarily signed a statement informing the court that Clerk Adkins distinctly repeated the pension and pay questions in two dif- ferent forms, and that the court clerk made “every effort” to learn whether any prospective member was ineligible. The jurors' statement said: “We, the undersigned members of the grand jury, certify that the clerk, ng the grand 3l - ‘Do you get any pay or pension of any kind from either the United Btates or District government?® ‘Also the question: ‘Do you get any money in any way from either the United States or Dis- trict government?’ “It was perfectly clear that he was making ‘every effort to ascertain whether any prospective juror received payments or compensation of any kind from either the United States or Dis- trict government.” CAREY WILL STUDY ng judge, to the prospective | William S, Adkins, did ask the ques- | “Pepper” and the Missus OUTSTANDING STAR OF SERIES WITH WIFE AT SHIBE PARK, | | { dinals to date is the irrepressible of the Cards. Yesterday, in the and a double, the only two hits' the game. Up till the end of ti i} chatting with his wife before the start of HE outstanding star of the world series between the Athletics and the Car- Pepper Martin, the stocky center fielder fourth game of the series, he hit a single the Cardinals were credited with during he fourth game, he has made nine hits out of 14 times at bat, a remarkable record. This photo shows Pepper Martin the fourth series game. —A. P. Photo. CITTINGS NAMED FOREMAN OF JRY !Venire in Third Degree Probe, With Three Women, Is Sworn In. Theodore B. Gittings, 30, manager of | the Western Unfon Telegraph Co., 1317 | New York avenue, was chosen today by | Justice James M. Proctor as foreman of | perhaps the most carefully selected | grand jury in the history of the District | Supreme Court. | Special care was taken because & | Spanish War veteran, receiving a pen- sion from the United States, had served { for more than two months on the July grand jury and had jeopardized 179 in- | dictments, including a number of third- | s icemen. | o ces: o ilsen. st (o321 nois avenue, were swern three women and 19 other men, who will investigate charges of crime during the next three months. Write Out Answers. Justice Prdctor. at the adjournment of court, last evening, had a prospective venire of 30 persons qualified to serve as grand jurors. This morning they were assembled in an empty court room |and were given printed ccpies of the | qualifying ~ questions propounded to them in open court yesterday by Clerk William S. Atkins. ~ Each prospective juror made written answers to the ques- |tions and was later sworn by another | clerk to_the truth of the answers. The 30 selectmen were taken into | court_this morning and Justice Proctor | examined several of them privately at |the bench and then announced his | selection of the foreman and the 22 other grand jurors. The remaining lseven prospective grand jurors were dis- charged. Mrs. Mattie M. Sims, 1833 New Hampshire avenue; Mrs. Elizabeth Hoffman, 424 Delafield place, and Catherine Armentrout, 2910 Twelfth street northeast, are the feminine members of the grand jury. Besides Foreman _Gittings, the other men on the panel are: Others Are Named. L. Harry Rider, 619 Fourteenth street;: Thomas H. Dennis, 1118 Owen place northeast; R. Frederick Daw, 824 Aspen street; Elmer F. Hayes, 3220 Brothers place southeast; Lawrence P. |Dorr, 128 R_street northeast; William |P. Moran, 1738 Allison street; George E. O'Rourke, 724 Tuckerman street; Harry A. Cassell, 5307 Connecticut ave- nue; Benjamin T. Henderson, 1342 K street southeast; John W. Saunders, 1201 I strect northeast; Francis J. iHaskc, jr., 1603 Brentwood road north- east; Cornelius Ford. jr, 1110 East Capitol street; Oscar L. Thomas, 3724 Benton street; Frank X. Gross, 1904 K street; Charles S. Conner, 1127 Alli- son street; Joseph H. Gill, 714 E street northeast; Guy M. Grant, enth street; Howard F. Phillips, 5308 | Colorado avenue, and John F. Lyons, POL'CE SELECTION 14328 Massachusetts avenue. The precedure by which the personnel | of the Police Department' is selected | may be studied at the coming session of Congress as a means of improving the | force by Senator Robert O. Carey of | Wyoming, chairman of the Police Sub- committee of the Senate District Com- : mittee. In Washington for a brief visit today, Senator Carey said he was interested in police affairs with particular reference to the question of what legislation may be needed. ‘The Wyoming Senator indicated he was turning over in his mind some thoughts relating to possible legislation relating to the, Police Department, but he was not ready at this time to discuss his views beyond the following state- ment: “I have thought that it might be nec- essary to provide means for more care- ful selection of both officers and men.’ The Senator did not indicate that he had come to definite conclusicns on any particular legislative changes, but that he was considering this question. Asked if he thought his subcommittee would go into the complaints of alleged pelice brutality, Senator Carey said he thought the legal department of the Government was better equipped to handle specific cases. He added, how- ever, that he was interested in bettering | the department and that if any legis- lation is found to be necessary he would consider it. | i 'RELIEF HEAD REFUSES Means of Improving Force Is Goal | of Senator in Proposed Inquiry. U. S. FARM BOARD OFFER Walter S. Gifford Says Hoover Group Not in Favor of Buying ! Surplus at Market Price. Walter S. Gifford, as director of the President’s Organization of Unemploy- ment Relief, today notified the Federal | ;Farm Board that the organization had i rejected the board's offer to sell for i cash or on credit to relief organizations i from surplus holdings of wheat and | cotton for relief of distress this Winter. Gifford said his Committee on Ad- ministration of Relief, which is now in session here, refused to sanction adop- , tion of the offer by the national w | fare agencies with which the President’s group is co-operating. The Farm Board last Saturday said it was “prepared to authorize the grain and cotton stabilization corporations to i sell wheat and cotton at market prices | such deferred payments as may be agreed upon.” GIRL STUDENT POISONED Mary Laskowitz, a 15-year-old stu- ' dent at Eastern High School, was ad- mitted to Casualty Hospital today suf- fering from poisoning. Her mother, Mrs. Joseph Laskowitz of 710 Tenth her daughter in a bed room of her home shortly after 8 o'clock this morn- | ing in agony. Police records show that the moth- 1017 Sev- | i to appropriate relief agencies in the | United States, either for cash or on! street southeast, -told police she found ! On Program ' Upper: Dore Walten, director of the McKinley High School Orchestra, and | " Lower: Dr. E. N. C. Barnes, director of the Interhigh School Festival Chorus. ORATORY CONTES “MUSI PLAS LAD ‘Festival Chorus and Tech | Symphony to Be Heard on ! Program October 24. sixth International finals advanced Plans for the Oratorical Contest another step today when arrangements | | were completed for the musical phase !of the program. The Interhigh School Festival Chorus and the McKinley High School Symphony Orchestra will pro- | | vide the music. While the McKinley Orchestra is a veteran of several recent contest finals, the Interhigh Chorus will participate !in the finals on October 24 for the first | time. Under the directicn of Dr. E. N. | C. Barnes, director of music in the public schools, the chorus will present {a short cantata on Abraham Lincoln. i The music for this.cantata was written by R. Deane Shure, dean of the Insti- tute of Music, American University, . while the words are the composition of | Dr. Barnes. ‘The chorus will sing from the upper tiers cf seats at the side of the proscenium of the vast auditorium of Constitution Mall while thé judges are writing the ballots which will determine the champion high school orator of the world. l ‘The orchestra will play before the contest actuaily cpens and will intro- | duce the young orators who represent I their respective nations by playing their inational anthems. The McKinley High School Orchestra is one of the foremost ! school orchestras in the country and it 13 widely known. Mr, Walten has been its director for many years. CHURCH CLUB ELECTS |Freeman N. Stricklin Named Cal- vary Class President. Freeman N. Stricklin was elected esident of the Vaughan Class Club of Calvary Baptist Church, at the annual | business meeting for election of officers, at_the church Monday night. Frank R. Mitchell, Lee W. Quinn and Capt. Robert M, Davis were elected vice presidents. Other officers elected in- cluded John W. Smith, secretary; Zack Harris Meredith and A. P. Kelley, as- INVLEAN'S REMOVAL (CAPONE'S MILLIONS AS TRUSTEE ASKED, PICTURED AT TRIAL sy voroewassearte Wife, in Divorce Suit, Says Neglect Has Injured Paper’s Standing. o ' (Continued From First Page.) business men who are actual or poten- tial advertisers in the Post.” Advertising Loss Cited. In this last connection the bill says: “As a consequence of the habits and practices of the defendant, it has be- come increasingly difficult as time goes on to secure advertising from local busi- ness men, Recently the volume of ad- vertising has decreased tremendously and is still decreasing as a result of the practices of the defendant.” “More or less continuously for more than two years the defendant has been scandously and notoriously living in Washington with a woman not his wife. He has traveled with her both in this country and abroad, and upon his re- turn late in September, 1931, from his European journey, he brought the wom- an with him to Washington. “Since their arrival she has attended with him at least two business confer- ences in the offices of the Post. This conduct is so shocking, scandalous and notorious that it creates a demoralized j condition among the other officers and employes of the paper and injuriously affects the good will and good name of the paper itself, Good Will Is Necessary. “It is absolutely essential to the success of & newspaper enterprise to have it, and those prominently identi- fied and connected with it enjoy a good will and reputation in the com- munity where the paper is circulated. In this instance the activities of Ed- ward B. McLean have so - injuriously affected his own reputation and the good will of the newspaper that its standing as a newspaper publication and its success as a_business enterprise have been, and are being, seriously and irreparably damaged and injured. “As long as the said defendant is con- nected with the Post as its editor and publisher it s impossible for the news- paper to regain the standing it for- merly had and a position essential to its ultimate success. The defendant must and should, therefore, be removed as trustee of ihe estate of his father, be- | cause it is impossible to discharge or | remove him as president and publisher | of the Washington Post Co. as long as he continues a trustee of the said estate.” McLean was appointed as co-trustee | of the estate by order of court on Au- gust 30, 1917. Holds Co-operation Refused. He has consistently refused, the bill states, to co-operate with the American | Security & Trust Co., the other trustee, “to the great detriment of the Post and the estate as a whole.” It is said the | trust company on one occasion at least demanded his resignation as trustee. McLean is accused of having per- sonal employes and servants carried on the pay roll of the Post. “During the past several years,” the | bill alleges, “McLean has fraudulently | withdrawn cash from the Washington { Post Corporation and appropriated the same to his own personal use under the | pretext he was to spend it on corporate | business. He has also, during this same | period, frequently satisfied his personal ! indebtedness to merchants and others by offsetting the corporation and in other ways co- mingling his perional accounts with those of the corpcration.” All of these acts. it is said, have been detrimental and damaging to the | trust estate. Hits Mexican Divorce Suit. The petition also criticizes McLean's jaction in seeking a divorce from his | wife in Mexico after sh> had sued him in November, 1930, in District Supreme Court for maintenance. The action was brought by Mrs. Mc- Lean as the next friend of their three children, John R. McLean, 2d; Edward B. McLean, jr, and Emily B. McLean ‘The suit for divorce asks the court to give the wife absolute custody of the three children during their minority and to compel McLean, personally, to pay $10.000 a month for their care. He is described as being “very wealthy, with an income sometimes averaging $1,000,000 a year.” The petition sets forth that the plaintiff and defendant were married July 22, 1908, in Denver, Colo. Shortly after September 8, 1930, Mrs. McLean says, her husband told her per- sonally that he would pay no more money for the maintenance of her children and herself, and would con- test every effort on her part to compel him to ‘do so. Despite this refusal, she says, he continued to*txpend large sums of money in a lavish and reckless manner on himself and his friends. She alleges specifically that early this year he paid from $15,000 to $85,000 for a large sapphire, which he gave to “a_woman other than his wife.” It is believed Mrs. McLean, in her woman” mentioned in the petition for McLean's removal as trustee. Mrs. McLean recites details of her suit here for maintenance and of her husband's attempt to secure a divorce from her in Cuernavaca, Mexico, The District Supreme Court, 1931, jssued a permanent injunction restraining McLean from further prose- i cuting his Mexican divorce suit. Says He Struck Her. In October, 1929, she says, McLean was confined in a Baltimore hospital because of excessive drinking. Because of the gravity of his condition, the bill says, Mrs. McLean was called to his bedside and that he struck her fre- quently, threatened her, cursed her and knocked her down. She alleges he finally escaped from the institution by bribing an attendant and resumed his habit of gross intoxication. She and her husband separated, she says, in June, 1929. The suit charges that in May, 1928, McLean went to the Kentucxy Derby in his private railroad car, “unlawfully transporting with him, for immoral purposes, a woman not his wife, and with whom he was having and had for some time prior thereto been having adultercus relations.” The plaintiff says she learned of this incident, but forgave her husband upon his promise to mend his ways. Notwithstanding this promise, she says, McLean early in the Summer of 1929, went to Southern California where he met and immediately assumed adulterous relations with ancther woman not his wife. She charges that in February, 1931, he brought this woman to Friendship, his home - in Washington, for immoral purposes, and that he has traveled extensively from cne State to another with her for adul- terous purposes. She also alleges he took this woman with him to Mexico when he went there to secure a divorce. Took Woman to Home, At various times in 1930, the wife charges, McLean' lived openly and no- torieusly with this woman at his duck- hunting lodge on the Potomac River in Virginia. “After traveling extensively abroad with this woman,” the petition says, “McLean returned to this country in September, 1931, and installed ~ the woman in the family home at Friend- |sh1p for immoral purposes.” | Mrs, McLean says her husband has asked that she and her children leave Washington because their presence At the present time, eppointment of | er's explanation was that the girl had | sistant secretaries; George E. Harris, | here' was an embarrassment to him. privates and selection of cfficers up to been in some difficulty with truant of- | press secretary; and including the grade of captain, under civil service, - ficers due to her tendance. s wa;fl, L. Tolson, treasurer, ant g illiam Packer Biake, chaplaimi Both suits were filed through Attor- neys Frank J. Hogan, Nelson T. Hart- son, Albert W. Fox and A. A. Hoehling, advertising accounts of | divorce suit, refers to the same “other | on July 20, Prosecution Charges Gang Czar Became Rich, but Evaded Taxes. October 7.—The Government began its Income tax fraud case against Alphonse Capone in deliberate, scholarly manner today, charging that although the gang emperor made a million dollars and more in six years from gambling “and other business enterprises,” he de- | i\&enuly tried to evade payment of es. There was no mention of the gang- sters reputed reign of terror through assassinations as he faced his first jury on a bookkeeplsg charge. Dwight H. Green, assistant district attorney, laid the groundwork for th Government case with an unemotfonal account of the two indictments of 23 counts against Capone and of the vari- ous sums of alleged income and taxes from 1924 to 1929. “The evidence will show,” Green said, “that the defendant’s manner of doing business, his handling huge sums of money in cash and telegraphic money orders, his dissipation of assets, all were part of & scheme to defeat and evade the taxes. He had money in plenty, but he paid' none of it to the Gov- ernment.” The opening statement was delayed about 40 minutes by a conference be- tween Federal Judge James H. Wilker- son and counsel for both sides. The de- fense said it had learned reasons for which one of the jurors selected yester- day should be disqualified, but after the conference, the jurors were all allowed to remain and there was no explana- tion of the objection. “I believe the court will instruct you,” said Green, “that it is not neces- sary to prove the exact amounts; that the Government need only prove that the defendant had some net income on which he paid no tax. Jury Leans Forward, “The jurors, all middle aged or elderly men. leaned forward and listened in- tently. The court room was silent ex- cept for his voice, mainly because Judge Wilkerson had forbade any of the 40 newspaper mén to stir. “The evidence will show that this de- fendant never filed a return in this Ped- eral distrizt, never paid any tax for any of the years covered in these indict- ments,” Green continued, “although he maintained an office, & principal head- Quarters and his principal residence in this city.” L4 The alleged liquor and vice branches of the syndicate supposedly headed by the scar-faced Capone were not men- tioned. Green sald, however, the evi- dence would show that “certain gam- bling interests in Cicero, with which the | defendant was connected,” realized net profits of $320,000 in 1924, $117,000 in 1925, $170,000 in 1926 and “huge sums” in 1927, 1928 and 1929. The Capone income which the Gov- ernment had uncovered was $123,101 in 1924, $257,285 in 1925, $195,676 in 1926, | $218,056 in 1927, $25887 in 1928, and $103999 in 1929. The total amount of tax due was $215,080. Transactions Hidden. He carried on his business activities | {in cash, checks of other persons and | telegraph money orders. | The cnly defense objection during the statement came when Green said that | after the Government began its investi- | gation, Capone came to them and through his attorneys edmitted that he | had a liability to the Government. Judge | Wilkerson overruled the objection, say- | ing the jury would undersiand that it was merely an opening statement and | nct evidence, 2 | Green said that late in 1927 or early| in 1928 Capone rented a “palatial home !in Florida,” plying $30.000 for a six | months’ season. He added.that the de- | | fendant later paid $40,000 for a large | | home in Florida and expended or | than $100,000 for maintenance and im provements. | “He lived on a very lavish scale, both here and in Florida,” said Green. | The first Government witness testi- fied records in his office showed that | Capone filed no income tax returns for the years in question. The defense did | not cross-examine. Insurance Man Testifies. Chester Bragg, ad insurance agent of Berwyn, a Chicago suburb, testified |that he, as a member of the West ! Suburban Ministers and Citizens' As- ! sociation, took part in a raid on an alleged gambling establishment in Cicero during May, 1925. “I was assigned to guard the front door while the other members of the raiding party went to the second floor of the building,” Bragg testified. “A man (he identified him as Capone) began pushing on the door to get in. “I asked him, ‘What do you think this is, & party?’ He said, ‘I own this place,’ 50 I let him in.” . Bragg said Capone followed the raid- ing party to the second floor. A few minutes later, Bragg said, he heard Capone ask the Rev. Hoover, a Berwyn minister and leader of the raid, “Why are you always picking on me3" “You pulled the last raid on me that ! you're going to pull,” thé witness quoted | Capone as telling the minister. Describes Capone Resort. Bragg said the second floor of the | building was equipped with what he! ! believed to be roulette wheels, chuck-a- | luck games and racing forms. Under | cross-examination, however, he declined to say he was positive that the equip- | ment constituted gambling devices. | _Capone was not arrested during the raid, Bragg said, “because, I believe, | the raiding party had no warrant for | | his arrest.” | When asked why Capone was not | subsequently arrested, Bragg replied: | “I don't pretend to know the intri- | cacles of the law in such cases. I think | it was a rotten follow-up job by the police after the raid.” { i IPILOT SAYS FORBES FAILED TO GIVE AID Pangborn Criticizes Ambassador to Japan Duging Flyers’ Arrest jn Tokio. By the Associated Press. WENATCHEE, Wash,, October 7.— Clyde Pangborn, transpacific fiyer, told @ banquet honoring Hugh Herndon, jr., and himself, last night that Ambassa- dor W. Cameron Forbes had failed to did them after their arrest in Japam last month for flying over and photo- graphing fortified areas. The criticismy arose in a description of their activities since leaving New York. The fiyers were detained and fined in ‘Tokio. “% guess it was as much our fault as any one else's,” Pal began, “no doubt more.” He then described “red tape” which he said followed, adding that the “Arm: and Navy and others helped us roll it.” Without mentioning Forbes diréctly by name, Pangborn said: “If our Ambassador hadn’t been play- Ing so much golf or something else, we} inulc‘l,’ have gotten off without further rouble. “The Ambassador did nothing. The oll of red tape kept SrOWDG” . ’ |YOUNG CAPITALITE, DIVORCEE AT RENO, TO REWED SATURDAY Two Weeks Ago From Husband Here. Meets Second Brid;groom in Social Whirl of Nevada Capital. (Prom the 5:30 Edition of Yesterday's Star.) ‘Things move fast in the romantic life of Miss Audrey Yonce, attractive 19-year-old girl, of 2823 Twenty-eighth reet. =tlmdrzy married Theodore Walters, youthful Washingtonian, some seven or eight months ago. Their wedding shocked their friends because of the youth of the principals. Audrey ther was but 18 and “Ted” wasn't much Ol irey and Ted reached s perting of the ways five months after lhelr| marriage. Attorneys were consulted and there was talk of a divorce. ‘The upshot was that Audrey hurried away to Reno, Nev., to obtain a divorce. While complying with the six-week residence law, for which Reno is re- nowned the world-over, Audrey s#opped at the fashionable Riverside Hotel. She joined in the Reno social vhirl. A Tortnight ago she visited a Reno court and won an uncontested divorce BANKRUPTCY LAW CHANGES PROPOSED iDepartment of Justice Holds Eldred, Republican, to Be Op- Present Act Has Failed to Achieve Purpose. By the Associated Press. Radical changes in the bankruptey act will be proposed to Congress by the Justice Department this Winter. A study conducted at the request of President Hoover has convinced the department that the present law has “failed to achieve its central purposes.” The legislation to be submitted will seek to discourage fraud and waste by bankrupts; to encourage prompt steps toward liquidation or settlement, and to secure efficient administration of bankrupts' effects. A report submitted to Chief Justice Hughes by Solicitor General Thacher, made public today, held “the law should discourage recklessness, extrav- agance, gambling and other uncon- scionable dissipation of assets, by giv- ing the courts in such cases discretion to suspend discharges for probationary periods, during which after-acquired property and income, less allowances for living necessities, would be dis- tributed to creditors.’ New proceedings to relieve debtors without going through bankruptcy by assigning their property to creditors under protection of law, are to be recommended. Thacher proposed that wage earners be given law-supervised opportunity to amortize debts out of earrings without garnishment or at- tachment. Similar aid to reorganize corporations was suggested. An important recommendation would limit tré8tees in bankruptcies to “repu- table and competent individuals and corporations,” compensated by attrac- tive commission and “competing for the voles of creditors on the basis of the services offered.” | EDISON REPORTED GROWING WEAKER Inventor Lapsing Into Coma Ex- pected to Precede Death, Doctor Says. | By the Associated Press. | WEST ORANGE, N. J., October 7.— Thomas A. Edison, who is dying at his home, was much weaker this morning. “This morning Mr. Edison is much weaker,” Dr. Hubert S. Howe said in| his morning bulletin. “It is impossible | |for him to sit without support. He finds it inereasingly difficult to take fluids.” After issuing the bulletin Dr. Howe said the inventor was in a light sleep or doze most of the time. He indi-| cated he regarded this as the beginning | of ghe coma from which it is expected that within the next few days Edison | will quietly ship into death. | “I found Mr. Edison very much weaker physically,” Dr. Howe said. “When I came in this morning, he indicated he wanted to get up. The | nurse and I propped him in his chair, | but immediately we had to carry him back to bed. He is in a light sleep most | of the time, and it appears to be the | beginning of the coma.” Dr. Howe made it clear that while he did not regard Edison's death as a matter of hours, he did believe it to be | only a few days off. ‘The inventor was no Icnger alert and | he failed to brighten up when Dr. Howe entered his room this morning, as he usually did, the physician said. HOOVER GREATLY CONCERNED. President Is Advised of Condition of | Edison by Telephone. | It was said at the White House today in behalf of the President that he is greatly disturbed by the serious illness of Thomas A. Edison and is being kept advised of the latter's condition. | ‘The President looks upon Mr. Edison as an old friend and he has made re- peated inquiries throughout his illness | as to his condition. Some of these in- | quiries have been made personally for | the President over long-distance tele- | phone. Several times flowers and greet- ings have been sent from the White House by Mr. Hoover. Because of the stress of business in Washington, it will | be impossible for the President to make a journey to the inventor’s home in ‘West Orange, N. J. MOYLE AND ALLEN END LAST LEG OF FLIGHT| Japan-to-U. 8. Airmen Land at Ta- coma in Lap From Skagway. By the Associated Pres: 'TACOMA ‘Wash., October 7.—Com- pleting the last leg of their flight from Japan to Tacoma, Don Moyle and Cecil Allen landed at & Tacoma air fleld from Skagway, Alaska, late yes- -day. muogle and Allen, after “‘mnie. transpacific flight in early mber, were unreported for several days and were thought lost at sea. After a plane had left to search for them along the ‘Alaskan coast, they were reported safe on an island off the coast of Siberia. | Rescued by a l:us'ah:x v&s:;l aux r:; food and fuel. e, Inclement weather pre- hoped-for cel Nome, Alaska. vented _their from | available can cover the area of the sur- | vey in 26 days. |an equal length of time to return at | at night. | work have appealed to the public for| complaint " |Bena lm}'_flx ‘e poirass ‘d AUDREY YONCE. —Harris-Ewing Photo. suit. stored. ‘Today came an announcement from Reno that Miss Yonce next Saturday will wed Hoyt Martin, son of H. R. Martin, Reno hardware dealer. They will go to California for their honey- moon. Martin is a graduate of Nevada Uni- versity and is associated with his father | in business in Reno. She had her maiden name re- DRY LAW WILL BE ISSUE IN MICHIGAN | | | 1 posed for House by Hart, Wet Democrat. By the Associated Press. __ BAGINAW, Mich., October 7.—A Re- publican who has the support of pro- | hibition organizations will oppose a Democratic advocate of prohibition modification in the November election, when a successor will be chosen to the late Bird J. Vincent as Representative in Congress from the eighth district. Foss O. Eldred, Republican, won the nomination with a plurality of 1,600 vesterday from a field of 13 candida in a primary, and Michael J. Hart, Democrat, defeated William B. Mershon, also a modificationist, by about 300 votes. Hart planned & vigorous campaign, with prohibition and return to pros- perity as principal issues in the dis- trict which s normally overwhelmingly Republican and which for many years | sent Joseph W. Fordney to Congress. Eldred indicated he will base his cam- | paign on a plea for united support of the Republican administration. MURPHY LEADS DETROIT RACE. Mayor Gets More Than Half of 200,000 Votes Cast for Seven Candidates. DETROIT, October 7 (#).—Frank Murphy, red-haired young maygr, whose administration has paid out nearly $20,- 000,000 in unexnployment doles, ran away from seven other candidates in a non-partisan primary yesterday, receiv ing more than half of the approximate- Iy 200,000 votes cast. i} The ‘mayor's opponent in the munici- { pal_election in November will be Harpld | H. Emmons, former police commissioner, | who was in second place, with about 32,000 votes. Emmons in his primary campaign | criticized the dole distribution of the | murphy administration, and Detroit ex- pects much of the coming campaign to be on this issue. Murphy was elected in September, 1930, to complete the unexpired term of Charles Bowles, who was recalled | after a few months in offic. Emmons | had been Bowles' police commissioner‘l but was dismissed shortly after he led ! several spectacular raids on gambling | houses. This action precipitated the recall movement. SURVEY OF TRAFFIC BEGINS TOMORROW Public Roads Bureau Agents Will‘ Stop Automobiles to Pre- sent Questions. Representatives of the Bureau of Public Roads tomorrow will begin stop- ping motorists at various intersections to distribute returnable questionnaires as to the number of passengers, desti- nation and point of departure in con- | nection with the 12-month survey of the movement of motor traffic in the Washington area being undertaken by the bureau. It is estimated that the personnel The canvassers then will be withdrawn from the region for alternating 26-day Jntervals until the check is completed Shext September. Canvassers for the Bureau of Roads. which functions under the United States Department of Agriculture, will be at their posts in survey stations from 6 o'clock in the morning until 10 o'clock Their points of observation will be marked by flags and signs reading “Stop—Traffic Survey Station.” After, dark motorists will be apprised of the| presence of the stations by flare torches. | The canvassers will distribute to| motorists franked cards marked with the return address and requiring no 1 postage. The drivers will be requested to fill out and mail the cards on the same day they are received. Government officials in charge of the the fullest co-operation, pointing out | that the success of the survey depends upon the prompt return of the question- naires. RIVALS ASK BIG SUMS FOR LOST ACTRESS’ LOVE By the Associated Press. \ LOS ANGELES, October 7.—Rivalry between two Hollywood business men over Mrs. Grace Larue Chiariglione- Winterhalt, 38-year-old film actress, has reached the stage of big figures. Joseph G. Winterhalt, wealthy pro- prietor of a barber shop, replied yes- terday to Hector J.-Chiariglion®s $100,- 000 suit, charging alienation “of M Larue's affections, by filing a cross- ainst Chiariglione . for $200,000 on the same flunu Court records show that Miss Larue has been married to and separated from each man. She married Winterhalt last Decem- ber, after having divorced Chiariglione. Winterhalt charges. that Chiariglione began_courting the actress again and! rewon her. Chiariglione, an electrician, | filed his 'g:nlfiml suit | it Winf financed terhalf py September- 25," a CUBAN TARIFF PLAN AVOIDED AT SESSION Pan - American Commercial Congress Hears Truce Pro- posal for 21 Nations. ‘The heralded tariff fight in the Pan- American Commercial Congress was kept off the floor temporarily today when the delegates voted for consid- eration in the Resolutions Committee of a proposal from the Cuban delega- tion for a two-year tariff truce. The Cuban proposal, which would favor a declaration by the 21 countries Pan-America _against increasing tariffs for two yeafs, was presented to the conference ‘yesterday, accompanied by & bitter attack on American tariff by Dr. Gustavo Gutierrez, represent- ing the Cuban government. Under the action taken today. the proposal will be threshed out first by the Resolutions Committee, where some agreement is supposed to be reached before it is presented to a plenary ses- sion for disposition. Debate Awaits Conclusions. In this committee each of the coun- tries is represented, and whatever prin- ciple is formulated will be subject to debate at whatever plenary session it is presented. In going to the Resolu- tions Committee customary procedure is being followed, despite the opposition that arose vesterday when it was sug- gested on behalf of the Mexican dele- gation. by Daniel Cosil. that it should be thrown into a section meeting for debate. At & section meeting all the delegates would have had a chance to air their views before any principle was formu- lated. While several of the delegates this morning favored allowing the proposal to go through regular channels, they declared that the matter was one that warranted full and free discussion. In the end, those voting to allow the declaration to be handled by the Reso- lutions Committee were Argentine Re- public. Chile, Brazil, Guatemala, Pan- ama, Paraguay, the United States, Ven- ezuela and Uruguay. Opposed were Mexico, El Salvador, the Dominican Re- public and Costa Rica. Those refrain- ing from voting were Cuba, Peru, Haiti, Colombia, Ecuador, Bolivia and Hor duras. ‘The vote was taken with v little discussion. Scope of Principle. The principle which the Cubans pro- pose would take in all the Pan-Amer- icas, but there is a feeling that it is directed particularly against the Amer- ican tariff wall The proposal of the Salvadorean dele- gation to put the conference on recor: in favor of an inter-American parley for sthe remonetization of silver ran linto a snag this morning at the group session which discussed it. Oscar T. Crosby, who was Assistant Secretary of the Treasury under President Wiison, argued strongly against such a move, He declared that he personally would not want to see the United States call such a conference, because it would mean by imference that this Govern- ment favored stabilization of silver, end he added that he would not like to see this Government put into the position of guaranteeing the value of silver, such as remonetization would imply. = Fur- thermore, Crosby said that he “doubts the feasibility of an international con- ference—everybody is in too much of a hurry to go home.” Gold Clearance Fund. Mr. Crosby, who is one of the Ameri- can delegates, argued against the co. ference pushing a plan advanced by the Interamerican High Commission of 191, for a convention providing for an in- ternational gold clearance fund. One country has signed and ratified this convention, four others have signed it, the minister of one has been in- structed to sign it, one has signified its readiness to sign and in six others cither the government or the national section of the commission has indicated ap- proval. Mr. Crosby said that such a convention is needless. In another section this morning the convention discussed wayvs and means of increasing tourist travel in the Americas, Advertising Is Urged. Elmer Jenkins of the American Au- tomobile Association emphasized to the Latins the desirability of their ad- verising to the world, the possibilities for tourist travel which their countries offer. The Cuban delegation to the confer- ence has prepared a declaration w would pledge the American cour to encourage travel through simplifying the legal requirements made on tour. ists. Another feature of such an ment would be that all the count take measures to guard “abusive exploitation” of visito: in its boundaries: r The silver question is being debated at another group session this afternoon. At 11 o'clock tomorrow President Hoover will address the conference, as will Gov. Roosevelt of Porto Rico. RAILROAD VALUED The final valuation of the Pittsburgh and West Virginia Railway Co. for rate-making purposes today was an- nounced by the Interstate Commerce Commission as $23,682,328, as of June 30, 1927, The valuation of the West Side Belt Railroad Co., a subsidiary of the Pitts- burgh and West Virginia, was fixed at $5.050,537 as of the same date. Labor Leader Arrested. LAWRENCE, Mass., October 7 (#)— Edith Berkman, widely known textile labor leader, was arrested for speaking without a permit on Lawrence Com- mon today while ' approximately 2,000 striking woolen mill operatives jeered and hooted City Marshall Timothy O’'Brien, who made the arrest. i September Circulation Daily... 108,029 Sunday, 117,123 District of Columbia. ss. FLEMING NEWBOLD. Business Manager of THE EVENING AND SUNDAY STAR does solemnly ‘swear that the actual number of copies of the paper named sold and distrib- uted during the month of September, A.D. 1931, was as follows: GEANESomanawn, Less adjustments. Total daily net circulation Average daily net paid circu Daily average number of col service, et 2 iation . jes for Daily average net circulation. SUNDAY. Coples Dy Total Sunday net_circulation . “eslion Average net paid Sunday circuluiion 116,449 Average number of copies for serv- ice, etc. N Average Bunday net circulation g FLEMING L D48 "Setore me S worn > ADadagyoy- e S "ot otk . 3 lsealy