Evening Star Newspaper, October 19, 1931, Page 1

WEATHER. (U. 8. Weather Bureau Forecast.) Fair and not quite so cool tonight; to- morrow fair and warmer, Temperatures—Highest, today: lowest, 37, at 5:30 am. today. , Full report on page 5. Closing N.Y. Markets, Pages13,14 & 15 59, at moon The Foening S1 31,947, 0. ¥ntered as second class matter post office, Washington, D. C. WASHI YORKTOWN SPIRIT 1S NEEDED TODAY. HODVER DECLARES President Calls Upon Nationl to Solve Problems With Courage of Foretathers. SPEAKS ON BATTLEFIELD BEFORE VAST THRONG Stirring Atmosphere of War for Independence Recreated for Fete. BY JOSEPH S. EDGERTON, Staff Correspondent of The Star. YORKTOWN, Va, October 19.— Calling upon the American people to turn to the solution of the distressing national problems of today with the courage displayed by their forefathers, President Hoover today brought to a climax four days of celebration of the American victory here 150 years ago, which created the Nation. The President's plea for courage and patience in time of “temporary dislo- cations” where the first President brought to a glorious close nearly seven years of mili- tary struggle and nearly a century of political striving for American freedom. Standing on the soil wheré American soldiers won for American citizens the right to solve their own problems, the President called upon his fellow citi- was made on the bstllefleldl | | Hoover Undecided About Attending Edison’s Funeral ON BOARD U. . 5. ARKAN SAS, OFF YORKTOWN, VA, Oc- tober 19.—President Hoover, here to attend the celebration of York- town, was undecided today whether he could attend the fu- neral of Thomas A. Edison. One of the reasons is the visit of Premiel Laval of France, who reaches Washington on Wednes- day, the day of Edison's funeral. Theodore Joslin, one of the President's secretaries, sald Mr. Hoover wants to attend, but can- not decide until certain duties are postponed. LINE-UP OF HOUSE SEVENLY DVED Death of Ackerman Leaves G. 0. P. and Democrats | Tied at 214 Members. By the Associated Press. 5 Republican and Democratic party | strength for the control of the next House stands evenly devided. | The death of Representative Ernest | R. Ackerman, a New Jersey Republican, yesterday, left the line-up as follows: Republicans, 214; Democrats, 214; Farmer Labor, 1; vacancies, 6. Since last Tuesday, when T. R. Amlie, Progressive Republican, was elected to fill the vacancy in the first Wisconsin | district to succeed the late John Allen Cooper, the Republicans had been one in the lead, with 215. Five Elections Due November 3. Five of the vacancies, two normally | Democratic, are to be filled at special | elections November 3. Gov. Larson of | TOBEBURIED NEAR THOMAS A EDISON SEENEOF LABORS Family Decides Not to Send Body to Birthplace in Ohio for Interment. HUNDREDS PAY FINAL TRIBUTE AT HIS LIBRARY Physician Reveals Wizcrd Prefer- red Death to Being Burden on Family as Invalid. Street Cars to Stop Two Minutes During Funeral of Edison ‘The Public Utilities Commis- sion today granted permission to the Capital Traction Co. and the Washington Rallway & Electric Co. to stop all street cars for & period of 2 minutes during the fu- neral of Thomas A. Edison as a mark of respect to the great in- ventor. The time has not yet been set. By the Associated Press. WEST ORANGE, N. J., October 19.— Thomas A. Edison will be buried clcse to the scene of his long labors here and | not in Milan, Ohio, near his birthplace, | the Edison family decided today. Soon after Mr. Edison died yesterday Y A% “From Press to Home Within the Hour” The Star’s carrier system covers every city block and the regular edi- tion is delivered to Washington homes as fast as the papers are printed. Saturday’s Circulation, 111,982 Sunday’s Circulation, 123,735 ey U Means Associated Press. CENTS. TWO iTON, D. C, MONDAY, OCTOBER 19, 1931—THIRTY-SIX PAGES. #%% p! YORKTOWN HOPE, 1931, COUZENS PLANNING Whale in Columbia River Draws 12,000, Halts Auto Traffic PORTAND, Oreg.. October 19. AN SHOOTS WIFE IN FAR EAST CRISIS - TO'PREVENT IMPASSE Notes Will Be Sent to Japanese. and Chinese Governments When Situation Warrants. TOKIO HEARS FALL OF CHIANG AND NEW REGIME IN CHINA LOOM U. S. DELAYS ACTION {More Conciliatory Tokio Attitude and Developments in Manchuria Hearten League. BY CONSTANTINE BROWN. The United States Government, which has joined the other sig- natories of the Kellogg pact in endeavoring to settle the Sino-Japa- nese dispute in Manchuria, will send a note to the two Asiatic govern- ments as soon as the situation warrants. However, it was made clear today that the American Government is carefully refraining from taking a leading role in invoking the pact to stop the hostilities. ‘The sole object of the administration is to prevent the develop- | ment of a situation in which it would be impossible to use any of the instruments devised for the settlement of international conflicts | by peaceful means. This country does not wish to take sides in the controversy between the disputants, neither does it want to assume the role of a policeman. The only reason it was anxious that the | Kellogg pact should be'invoked is that the acceptance of the invo- |cation of that peace instrument means the two conflicting nations would not resort to war. It should be clearly understood that the recognition of the Paris pact does not mean in the least the exclusion of a direct settlement between Japan and China. INDKILLS HIMSELF representatives of the family announced Agreement Defeated by Bombing. wens to draw from the past “confidence end faith.” The President’s Yorktown message was delivered in the stirring atmosphere of the last day of the American strug- gle for independence, recreated on the original battlefield by American troops, ! who this afternoon will reproduce the surrender of Lord Cornwallis to Wash- ington and Rochambeau. Four Armies Represented. Even as the President spoke, more than 2,000 American troops in the uni- forms of the heroes of the Continental Army of Washington and the French allies and of their British and Hessian foes, were gathering on the battlefleld in the positions held at the close of hostilities 150 vears ago today. Because of its results, President Hoover declared, the battle of Yorktown ranks as “‘one of the very few decisive battles in the history of the world.” It is ex- tremely doubtful if the struggle for in- dependence could have succeeded ghad | Washington lost at York ‘The memory of Freng) American Colonies in their struggle against England, the President said, has been cherished by all true Ameri- cans for 150 years and reached its full flower in the co-operation which the American people gave to PFrance in their defense against an overwhelming enemy. Petain and Pershing Present. ‘The presence in the pres| stand of Marshal Henri Petain, su- n, he said. aid to the New Jersey is expected by Republican | members here to call a special election to fill the vacancy in the normally Re- publican fifth district before the new Congress convenes December 7. Attor- ney General Stevens of New Jersey be- lteves, however, there is not sufficient time. Representative Snell of New York, chairman of the last House Rules Com- mittee, recently expressed the belief that the Republicans would be able to organize the next House, with the line- up as it was at the end of the 1930 November elections. At that time the Republicars had 218 seats; Democrats, 216, and Farmer Labor 1. Longworth Seat to Be Filled. ‘The three normally Republicans seats to be filled November 3 include the first Ohio, held by the late Speaker Nicholas Longworth since 1903, except the ~ Sixty-third Congress. _Although first reports received here indicated the Democrats had a good chance to take the seat, more recent reports have leaned toward the Republican candi- The other normally Republican seats to be filled are the eighth Michigan en: the second Pennsylvania. The Democrats expect no difficulty in keep- ing the twentieth Ohio and the seventh New York districts in line, Four Elections Contested. In the meantime four election con- | tests are being prepared by Willlam ential | Tyler Paye, House clerk, for submis- sion to the new House in December. during | | that burial would be in Milan after the | services in the Edison home Wednes- | day. Today, however, at a family con- ference, it was decided to have burial | here. The family decided that inter- | ment would be in Rosedale Cemetery, in Orange. Mr. Edison’s body, escorted by motor cycle policemen and followed by two | automobiles carrying members of his | heusehold was moved from his home | to the library of his plan: laboratory, a | balf mile away, this morning. Lies at Scene of Work. This was done in accordance with the family’s wishes that employes might first view the body of the inventor. | 1t was announced that a group of surviving members of the Naval Con- | sulting Board during the World War | would view Edison’s body tomorrow aft- ernoon. Edison was chairman of the | board. Among the members expected to_come are Lawrence Addicks, B. J. | Amold, Dr. L. H. Baekland, Howard Coffin, Dr. William Leroy Emmet, Dr. | Miller' Reese Hutchison, Spencer Miller, | Thomas Robbins, M. B. Sellers, Frank | Sprague, Benjamin Thayer and Dr. | William 'R. Whitney. | The liitie library on Main street, to which the hearse bore the inventor's bedy, was the scene of many of his re- markable achievements. | His body will lie there under the light BUS CONTROL BLL Measure Sought by Senator Also Would Regulate ‘ Interstate Trucks. | Senator Couzens of Michigan, chair- man of the Senate Interstate Com- meree Committee, on his return to ‘Washington today said that he would introduce in the coming Congress a bill for the regulation of both busses and trucks engaged in interstate transpor- tation. *“I have come to the conclusion,” said Senator Couzens, “that a bill for the regulation of interstate motor traffic| should cover trucks as well as busses | and that they should be dealt with at| the same time.” Seeks Power Regulation. ? Senator Ccuzens said also that in framing legislation for the regulation of motor vehicles in interstate commerce he intended to give particular attention to the public's interest in the matter. Heretofore, he said, the regulation of motor transportation has been looked at largely from the point of view of the railroads, with which the motor vehicles come into competition, and from the | | —A young whale with a landlub- preme commander of the French Army | at the close of the World War, and of | Gen. John J. Pershing, the President said, “svmbolizes this second comrade- | ship in arms o magnificently begun by | De Grasse, Lafayette and Rochambeau.” | While the drums of & contingent of the recreated Colonial Army throbbed | faintly far across the battlefield, the | President, bareheaded, uncer a brilliant Fall sun, told a great gathering of | American citizens, assembled here from all parts of the country, that the great international celebration closing here | today is not in rejoicing for a victory | over the British, but is In gratitude for |zation of the House. These are, at pres- the winning of indepencence. {ent, Granata, Vestal, Disney and Coyle. These include that of Stanley H. | Kunz, Democrat, against Peter C. Gra- nata, Republican, in the eighth Tllinois district; Claude’ C. Ball, Demomn‘ against’ Albert H. Vestal, Republican, | eighth Indiana; Charles O'Connor, Republican, against Wesley E. Disney, | Democrat. first Oklahoma, and Everett Kent Democrat, against Willlam R.| Coyle Republican, thirtieth Pennsyl- vania Although the House will finally termine these contests, those bearing credentials from their States probably will be seated and vote in the organi- ge- | ‘;Il‘he long spag of history,” ‘?‘lle 5sf‘d. = | “will interpret the American War for | | Independence and this bettle more in | the light of a strugsle ;nlonst‘E‘r;‘glsh;I EXPLOSION IN MINE | speaking people for the establishmen in government of an extension of a K“_LS N|NE HURTS 2 common philosophy of human rights ’ i begun at Runnymede." | The victory of the Americans, the 5 N | President said, gave impulse to a new | Entire Shift in Ruhr Valley Col- order throughout the world and, while . i | the sovereignties of America and Eng- liery Is Temporarily | land definitely diverged at Yorktown, | “yet the march of the ideals for which Entombed. | | - | the Americans fought also went forward and triumphed in England itself.” Lauds Washington's Spirit. “Qur purpose today,” the President gaid, "is to pay homage to a glorious event in our national history. ~Among many benedictions offered to us by this ceremony, one is renewed acquaintance with the spirit of George Washington. | The campaign, which led to its final climax here, established his milita: ~ (Continued on Page 3. Column 1) | BOARD HEARS SHELBY IN RETIREMENT CASE By the Associated Press, HERNE, Westphalia, Germany, Oc- tober 19.—Alm:st the entire shift of 67 | miners was temporarily entombed this morning at the Mont Cenis Colliery near here by what was believed to have been an explosion of fire damp. Although definite information of the number of deaths was 'navailable, one | report said that 9 dead and 27 in- jured had been brought out of the mine by noon. Many of the miners, | however, were known to have escaped unharmed, Several of the injured were suffering from severe burns. | All available physicians from neigh- | boring territory were called and all | rescue squads in the Ruhr Valley were summoned to render aid. of the bulbs which he invented and in the shnd':ws of med books, maps, dia- rams, statuary and blue prints which e accumulated over tne 45 years that| The chairman of the Interstats Com- he_maintained the place. {merce Committee also plans to reintro- From 8 to 9 o'clocg this morning the | duce his bill for the regulation of power | many employes of the Thomas A. Edi- | Which goes into interstate commerce’| son Industries—the name of his plant— | and for the regulation of holding com- were allcwed to file past the bier. | panies which own the stock cf power | The little cot on whicn ne caught his | companies engaged in interstate com- hour nap on afternoons when he was ; merce. tired, was in a corner, strangely empty alongside the large casket in which Mr, | Edison’s body reposed. Mrs. Edison Goes Home. By 8 o'clock this morning more than 300 employes had gathered in a long queue on the Lakeside avenue side of the laboratory. Scores of policemen were there to keep the many residents of the Oranges from crowding into the little building ahead of the workers. _ Mrs. Edison, after spending an hour | in_her late husband’s private office, | departed for home, leaving her son | Charles in charge. At o0l (Contin point of view of the motor vehicle companies. Would Delay Rall Mergers. | Another measure which Senator Couz- ens will introduce is a bill to hold up railroad consolidations until Congress | shall have had an opportunity to in- vestigate proposed consolidations and | possibly to revise the law which now | authorizes consolidation. The Michigan Senator indicated that he would be strongly opposed to any proposal to amend the Federal Reserve act 5o as to make railroad bonds the subject of rediscount in the Federal Re- | serve System. He regards such bonds as capital investments and he does not beileve that any capital accounts should be permittted to clog up the Federal Reserve System, which was designed to assist commerce. HOOVER WELCOME SLIGHT EXPLANATION IS ASKED Annapolis Mayor and Civie Repre- sentatives Passed by Presi- dent’s Party. SENATOR SWANSON ILL | Stricken at Yorktown, Is Forced to Leave Field. YORKTOWN, Va.. *October 19 (#)— Senator Swanson of Virginia, presid- ing at _the Sesquicentennial Celebration here, was taken ill after the morning exercises and forced to leave the field. The seriousness of Swanson’s illness cculd not immediately be determined He was taken to a nearby hotel, ac- ANNAPOLIS, Md. October comp:nied by a physician. Gov. Poi- ! Mayor Walter E. Quenstedt has wri lard of Virginia, who was near the Sen-J ten President Herbert Hoover request ator, said he believed the attack merely | ing an explanation of the apparent was indigestion, and not serious. joversight or misunderstanding which Swanson’s place as presiding officcr | Yociited in the presidential party pass- at a luncheon for President Hcover Was | jno the mayor's officlal - welcoming taken by Senator Bingham of Connec- | party on the road Saturday when it ticut. entered the city to embark for the Special Dispatch to The Star. Inspector Appears With Doctor, - Who Tells Roberts Health Warrants Request. Inspector William S. Shelby ap-| peared before the District Retiring and Relief Board today in connection with his retirement from the Police Depart- | ment for physical disability. | The meeting was held in the office | of Assistant Corporation Counsel Wil- | liam A Roberts, who is chairman of - the board. _The only witnesses present : The Navy Band will not be aban- were Inspector Shelby and Dr. J. A. | doned without a- bitter fight in Con- Reed. a member of the Board of Police | gress, Representative Fred A. Britten, and Fire Surgeons. chairman of the House Naval Affairs Dr. Reed testified that in the opinion | ¢ o of the board, Inspector Shelby should C:{;‘ém&'fd:y’_" thie et TCutr o S be retired because of impairment to his! 'In championing the cause of ‘the ! health, the result of & severe nervous | famous 63-piece organization, Mr., Brit- strain under which he has been work- | ten emphasized tent, ing for several years. The board wi b s ) -nly cl aappocy Britten Indicates Special Act i {BITTER FIGHT PLANNED TO SAVE | NAVY BAND FROM BUDGET DEATH Famous Musical Organization Here. | Mount Vernon. By 1838 there was a would be found in Congress for main- ' pay Yorktown exercises. With Joseph M. Armstrong, presi- dent of the Maryland Chamber of Com- merce; Louis N. Phipps, president of the local Chamber of Commerce; Roland R. Thomas, president of the Civitan Club, and Marion F. Lazenby, president of the Rotary Club, the mayor waited at the city limits on the De- fense Highwa! He said the point had been selected at a conference with one of the President’s aides. When the presidential party came. by it slowed down, but before the mayor and his party could reach the Presi- dent’s car it started up again and con- tinued into Annapolis. DOOLITTLE IN OTTAWA PREPARING FOR FLIGHT full-fledged Navy Band on the official table—onc bandmaster, four first|Changes Mind on Trip to Canada May Be Needed to Abolish sensitive to the rhythm of the roll as the ship moved in slow grace. Later the trumpet and drum and the thin- voiced fife were heard regularly at funerals. At least one musiclan was aboard the frigate Brandywine when it escorted Gen. Lafayette back to Paris after he visited Washington's Tomb at | viction for income tax violations. report its findings to the District Com- missioners tomorrow. Other members of the board are In- taining the band for the sake of the | class and one second class musician. Navy's morale. . The Tilinois Representative took this | howaver of the mobliation T o and Fails to Try for Hawks’ spector Ernest W. Brown, commanding | stand following reve i the traffic bureau of the Police Depart. | trur the murmSperg auons in The Star ment, and Battalion Chief Engineer ' oning pale of curtailed naval expendi- | 3. B.simms of the Fire Department. | turcs, Suggestions that the band be | —— abandoned in the interest of economy | were contained in the new naval budget i transmitted to President Hoover last | GRAF ZEPPELIN SIGHTED i | week by Secretary Adams. i .ot ! The band is well known by its| Dirigible Is Reported Near Coast |y ont gold-braided uniforms in more | of Bouth America on Hop. {than 300 cities of the land and by its | music to radio listeners everywhere. LONDON. October 19 (#).— The Representative Britten's point about steamer Perseus informed her owners morale is one that officers, as well as by radio today that she had sighted the the bandmen, take pretty seriously. It Graf Zeppelin somewhat to the south- | goes back‘to the first traditions of the west of St. Pauls Rocks, nearing the Colonial Navy. eoast of Scuth America cn her flight In those times boisterous melodies of {rom Friedrichshafen to Pernambuco, the sea were led by a lotd-voiced sailor | anteed support through a special act. |H. Doolittle landed here at 11:20 am. 1917 and 1918, Four-minute speeches Lo and men under arms brought about a development that exploded at the war's end. Because of this Congress guar- By the Associated Press. OTTAWA, October 19.—Maj. James That act, incidentally, is assumed 1o |{oday from New York, and began prepa- be a reason why congressional action -capital flight from Ot- will be necessary to dissolve the band, |Tations for & tri-cap ueuLneC:llrlg Benter, the band- ::xw‘; to Mexico City by way of Wash- master, who had served in Navy n. binz from boyhoos, was called in to He left Roosevelt Field at 9:20 this eorganize. He became a personal [morning. and had been expected to friend of President Harding and took |tempt to break Capt. Frank M. Hawks' 34 bandsmen on the fateful visit to |speed record between Montreal and New Alaska, on which the President sud- | York before proceeding to the capital de died. President Coolidge also |of da. took & unit of the band to the 1924 He evidently changed his mind, how- Summer ite House at Swampscott, ever, making the non-stop flight to Ot~ Mas tawa in 1 hour and 51 minutes, ber complex barged into the Co- lumbia River slough here yester- day and drew a gallery of 12,000 persons. The sea beast brought vehic- ular trafic to a standstill on ‘the Interstate Bridge. Somebody dubbed him, or her, Ethelbert Ethelbert put on & good show, dodging half a hundred canoes, speedboats and scows laden with those who wanted a& close-up view. Harry L. Mitchell, district manager of the Bureau of For- eign and Domestic Commerce, said Ethelbert showed signs of being sick. CAPON JUDEMENT HEARING DELAYED | Motion Scheduled to Come Up Tomorrow Is Continued Until Friday. | By the Associated Press. CHICAGO, October 19.—Federal Judge James H. Wilkerson today granted counsel for “Scarface Al" Ca-| pone a continuance until Priday on | the hearing of their motion for an | arrest of judgment in his recent con- | It was to have been heard tomorrow. The next move in Capone's fight to keep out of the penitentiary as an in- | come tax violator is up to the gang ! chief himself, and his attorneys have | indicated it will be a motion for a new | trial. 2 The maximum sentence for the scar- | faced gangster, who has bossed Chi- cago's underworld for 12 years, is 17 years' imprisonment and fines totaling $50,000. The highest sentence ever given out in the so-called gangster-income tax cases, however, is five vears against Jack Guzik, Capone's No. 1 helper. The jury found Capone guilty on five of the 23 counts in two indictments charging him with income tax evasion. | Defense attorneys said that in the jury's selection of the guilty counts are “un- usually good grounds for appeal.” Calls Verdict Conflicting. | Attorney Albert Fink for the defense | said he believed the verdict to be “con- | flicting” and that Capone should have been acquitted of all the counts. He as denfed a motion for an arrested verdict immediately after the verdict was announced, but indicated he will renew the motion today. The jurors found Capone guilty of evasion of taxes during 1925, 1926 and 1927, and also convicted him of failure to file tax returns in 1928 and 1929. The charges in the first three years | constitute felonies and in the later years misdemeanors. Legal authorities said that if Capone's attorneys desire to take the case into the higher courts they could delay his entrance into prison for two years, even if in the end the verdict is sustained. Such delay has occurred in income tax cases against other gangsters, including Capone's older brother, Ralph, they pointed out. ‘Capone appeared to be not displeased with the verdict. He rushed from his headquarters at the Lexington Hotel to the court room when informed the jury had reached a verdict, and appeared to find enjoyment in the attorneys’ ergu- ments immediately, after it was Te- turned. 3 He smiled broadly when - Assistant (Continued on Page 2, Column 1.) KNIFE BLADE IN JAW OF MAN FOR 29 YEARS Cut Suffered in Saloon Fight in 1802 Was Sewed Without Probe by Doctor. By the Associated Press. SIOUX CITY, Iowa, October 19.— Paul Clark’s aching tooth, which both- ered him last week, had roots which went way back to a saloon fight at Plymouth, Ohio, 20 years ago. Unable to bet relief from his tooth- ache, even after several ‘extractions, Clark finally had an X-ray made of his | also Jaw. The picture revealed a knife blade 2 inches long imbedded in his jaw, re- moval of which brought him relief. Then he recalled t a doctor had sewed up a cut in his jaw after a sa- lv?oo\‘:n gcm in 1902 without probing the Radio Programs on Page C-4 Murder Attempt Follows Re- | conciliation at Her Em- E ployer’s Home. Although he had been successful in effecting a reconciliation, Herbert Ros- son, 49-year-old blacksmith, shot and serfously injured his estranged wife and killed himself early today. The wife, Mrs. Katherine Pearl Ros- son, 40 years old, told police her hus- band fired three pistol shots at her im- mediately efter she had agreed to re- turn and live with him. Witnesses, Fowever, said they heard Mrs. Rosson tell her husband to “get out of here.” The tragedy occurred at the home of Harlan Prey, 417 Concord avenue, where Mrs, Rosson had been employed as & housekeeper for six weeks, | Orders Husband Away. She was hanging out clothes in the back yard shortly after 9:30 o'clock when Rosson approached her. After a few words been exchanged, Mrs. ‘Thomas M. Davis, 421 Concord avenue, said she heard the woman order her | husband away. Immediately thereafter Mrs. Davis | heard three pistol shots. She ran out | of her house and saw Mrs. Rosson stag- gering toward the back steps of the Frey home. the pistol muzzle in his mouth and fired once, killing himself instantly. Elwood Frey, 2 years old, was playing in the yard nearby but was not injured. In Rosson's pocket police found a note addressed to “Billy,” his wife. In this note Rosson pleaded with his wife to come back and re-es- tablish their home, begging her to for- give his mistdkes and promising never |to touch another drop of liquor. It is believed he intended to send the note if he could not see her personally. Robert Frey, 11 years old, told police Mrs. Rosson kept the doors of the house locked and had instructed him never v;‘n :dmlz any one without calling her rst. After the shooting Mrs. Rosson W taken to Garfield Hospital in a grocery (Continued on Page 2, Column 1. PITTS LOSES APPEAL T0 SUPREME COURT Review of Habeas Corpus Action of Former Smith Company Head Is Refused. The United States Supreme Court to- day declined to review habeas corpus proceedings brought by G. Bryan Pitts, former head of the F. H. Smith Co,, to secure his release from District Jail on the ground his conviction of conspiracy- embezzlement charges was invalid. Pitts had contended he was convicted in a District Supreme Court sitting as a criminal court instead of a district court of the United States. He also chdrges a member of the jury was not an_American citizen. Former Justice Frederick L. Siddons ruled against him and Pitts took his plea ‘to the Court of Appeals, where it also was denied. The Supreme Court today refused to review this ruling. Pitts’ appeal from his case in chief will be argued before the Court of Ap- peals this Winter. Rosson, she sald, placed | presumably | | For a short while after the outbreak of tife Japanese-Chinese aispute the Government of United States remained a passive on- | looker. | Nations took the matter in On the 23d of September the Council of the League of and and it succeeded in bringing about |an sgreement whereby thé Japanese were to withdraw their troo) |and the Chinese agreed to protect the lives and pra})erty of the | Japanese citizens in the wffected | would be arranged ana 1uf wher the pact would have to be int-<ked. 29 ARE INDICTED IN BANK COLLAPSE New York Official and 28 Bank of U. S. Officers Held by Grand Jury. By the Associated Press. NEW YORK, October 19.—State Banking Supt. Joseph Broderick and 28 | officials of the Bank of United States vere indicted today. Three indictments were returned against Broderick, two charging neglect of duty and a third charging con- spiracy. The indictments were returned | by the January grand jury, which has| been investigating the failure of the Bank of United States. | | At the same time that the indict- ‘mcntl against Broderick were handed | to Judge William Allen, Lionel Strauss, | téreman of the grand jury, also filed | | blapket indictments against 28 of the |35 offictals and directors of the bank. | They were charged with violation of section 297 of the penal law, negli- | gently participating by various acts in | the fraudulent insolvency of the bank.| | I%mcuu and directors indicted in- | | clude: Bernard K. Marcus, president of the bank; Saul Singer, executive vice presi- dent of the bank, chairman of its ex- ecutive committee and directing head of its afliate corporations: Isidor J. | Kresel, attorney and_director of the| | bank; C. Stanley Mitchell, director and | chairman of the board of the bank; | Henry W. Pollock, vice president of the | bank and head of the bank's law de- partment; Simon H. Kugel director and vice chairman of the bank’s board. A superseding indictment charging violation of a section of the penal law, a felony, was filed against Bernrad K. Marcus, Henry W. Pollock, Isidor J. Kresel, Saul Singer and Herbert Singer, son of Saul Singer, clerk in Kresel's office and president of the Bolivar Cor- poration, a_dummy organization which | acted as a link in the $8,000,000 trans- |action on which previous indictments were based. ‘The indictment, which supersedes an earlier indictment, is based on the $8.- 000,000 $ransaction of January 13, 1830. ‘With the exception of the superseding indictment, the other indictments filed today all charge misdemeanors. Broderick was appointed State su- perintendent of banks on March" 23, | 1929, by Gov. Roosevelt. He was born | in New York City in December, 1881. He began his banking career as a junior clerk with the old State Trust Co. In 1910 he became an examiner in the New York State banking depart- ment. He organized the credit bureau of the department and developed a sys- tem of examination for foreign exchange departments, He was the first Amer- ican official to examine branches of American banks in Europe. MRS. J. BORDEN H AGAINST R. T. Holding the plaintiff has an adequate remedy at law, Chief Justice Alfred A. ismissed the suit for dis- covery and injunction brought by Mrs. J. Borden Harriman, 1800 Foxhall road, against her neighbors, Raymond T. Baker, former director of the Mint, and his wife, Mrs. Delphine Dodge Baker. ‘The W. P. Lipscomb Co., contractors, had been named as defendant in the suit. Mrs. Harriman complained that dur- her absence from Washington last excavations were in_on the operty and large quantities of were her Sought to Enjoin Former Director of Mint From Piling Dirt on Lawn. ARRIMAN’S SUIT BAKER DISMISSED knew of the work of throwing the dirt and rocks on her land or whether it was done by the company having the contract to erect the new Baker home. She also requested an injunction against the continued piling of dirt and rocks on her property and to require the removal. ‘The Bakers and the Lipscomb com- pany asked dismissal of suit, asserting Mrs. Harriman might sue in 8 law court for the amount at which she placed her almm In her declara- tion she had estimated the $20,000. A Tobriner and Gra- accom- filed last area. It looked as if the matter nine-power treaty nor the Kellogg ‘Then Japanese flyers bombed the city of Chinchow. The Chinese govern- ment complained about a breach of faith on the part of the Japanese mili- tary leaders and the action of the Council of the League of Nations ap- peared to be jeopardized. It is only then that the State De- partment thought it necessary to sug- gest to the signatories of the Kellogg pact that that peace instrument should be invoked. Notes Sent by Five Powers. ‘The foreign secretarles of Great Britain, Prance, Germany, Itaiy and Spain last Saturday sent a note to the Japanese and Chinese governments drawing their attention to the pro- visions of the Kellogg pact whereby ail the signatories including Japan and China had agreed to settle their differ- ences without resorting to arms. Fore eign Secretary Aristide Briand of France has notified the other 50 signatory na- tions of the action of the five powers and has invited them to send similar notes to the Japanese and Chinese gov- ernments. Briand has made it clear in his note that this note to Japan and China was not sent in the name of the League, but that the five powers were acting exclusively as signatories of the Paris peace pact. FALL OF CHIANG FORECAST. Tokio Hears Formation of New Chinese Regime Is Imminent. TOKIO, October 19 (#).—In view of the deadlock between Tokio and Geneva over the League of Nations' recommen- dations aiming at a peaceful solution of the Sino-Japanese controversy over Manchuria, Japan today became more inclined than ever to look to China for a settlement. New possibilities of negotiations di- rectly with China were foreseen in offi- cial circles here as the result of reports that the fall of Chiang Kai-Shek as President of the Chinese republic was imminent and that Chiang's political foes, the Canton insurgents, would play an important role in the formation of a new government at Nanking. In this connection it was recalled that Eugene Chen, foreign minister of the insurgent Canton government, visited Tokio last August and conferred with Baron Shidehara, Japanese foreign minister. At that time‘Chen reputediy clarified Canton’s position in the event that Chiang eventually should be over- thrown, Baroh Shidehara and Chen discussed Manchuria at that time. Afterward Chen assured interviewers that he had not “‘given away” Manchuria to Japan. despite reports to that effect published by newspapers favorable to Chiang. League Plan “Unacceptable.” Chen was said to have advocated the closest harmony between China and Japan in carrying out the aims of the late Dr. Sun Yat-Sen, founder of the Chinese Republic, for a Pan-Asiatic policy. The League of Nations' recommenda- tions, which included a suggestion that Japan give assurances of completing evacuation of her troops from Man- churia within three weeks and that China and Japan begin direct negotia- " (Continued on Page 2, Column 5.) WRIT FOR WALKER’S AIDE SENT TO MEXICO : NS Seabury Ready to Press Contempt Charge if Witness Refuses to Return for Quiz. By the Associated Press. NEW YORK, October 19.— Sidney Handler of the Legislative Investigating Committee's legal staff, has gone to Mexico City with a subpoena for Rus- sell T. Sherwood, Mayor Walker's per- sonal accountant. The committee seeks to question about stock transactions said to total $1,000,000, and about business matters on which he acted for the mayor. After reaching Brownsville, Tex., Feaching “here by BRI O ould Sherwood refuse to return to New York Samuel Seabury, chief coun- sel, is ready to ask the Supreme Court, it was understood, to adjudge Sherwood in contem a8 the resul e dirt and rocks.