Evening Star Newspaper, November 9, 1931, Page 17

he bening Star WITH SUNDAY MOERNING EDITION — WASHINGTON, D. C, ’.\((L\'DAZ’, NOVEMBER 9, 1931 230 D. C. HIGHWAY JOBS T0 BE SAVED Per Diem Workers’ New Schedule to Begin Novem- ber 19, Whitehurst Says. WILL NO;EE INCLUDED IN COMMISSION’S PLAN Inspectors, Checkers and Few Others to Lose Positions, Engineer Declares. Capt. Herbert C. Whitehurst, en- gineer of highways, announced today that per diem workers of his depart- ment would be placed on a six-hour day beginning November 19 in order to keep es many of them on the pay roll throughout the coming Winter as possi- ble. By this means the jobs of ap-| proximately 250 workers will be saved, he said. Capt. Whitehurst said it never was intended to include highway depart- ment workers in the plans announced | by the District Commissioners last | week for putting certain workers on | half time in order to give work to per- £ons not now employed. Last year, when his department faced a somewbat sim- | ilar problem, he instituted a five-day ‘week among the per diem employes by cutting out Saturday labor wherever possible. Under last year's scheme, the men got 40 hours’ pay for 40 hours' work. ‘Thus they were deprived of the oppor- tunity intended by the act of Congress of making a day’s pay on Saturday for balf a day's work. Under the scheme roposed for this year they will get 38 ours’ pay for 34 hours’ work. ‘There are about 600 per diem work- ers in the highway department. Some of them must lose their jobs in any event. These are the inspectors, check- ers and the like, employed to examine the execution of all highway contracts and paid by the contractor, although responsible to the District. Since there | are practically no contracts under exe- cution after the end of the open work- season there will be no opportunity : ::ltploy such persons any more than | past. No action has yet been taken by the | Commissioners with regard to their plan to make new jobs in the per diem ranks by compelling 800 workers to do part- ! time work. The Commissioners are confidently expected, however, to aban- don this plan owing to the severe criti- cism showered upon it by welfare and charitable organizations shortly after it ‘was announced. CARPENTERS PROTEST NAVY BUILDING PAY Thirty Workers Complain of 56- Cent Cut Under Prevailing ‘Wage Scale. A delegation of more_than 30 car- penters called at the Labor Depart- ment today with a complaint that con- tractors erecting the mew barracks at the Naval Air Station at Anacostia paid them off Saturday at a rate of 56 cents below the prevailing wage scale of | $1.371% as recommended recently by Secretary Doak to the District Commis- sioners. Secretary Doak is confined to his home on account of a slight illness and their complaint was referred to Hugh L. Kerwin, director of coneciliation. Kerwin said he would confer with R. H. Burdette and George Crosby. rep- Tesenting the District Carpenters’ Union | Council, and members of the contract- ing firm of Worcham Bros. later today | in_an effort to reach an adjustment. | The men sajd they have been at work | for the last two months on the $340.000 harracks building and a $21,000 heat- ing plant building. Thev said the jobs will be completed in 30 days. A total | of 40 carpenters are involved in the | dispute. YOUTH SERIOUSLY HURT IN AUTO COLLISION RIS Others ‘Bufter Minoe Tofurios When Taxi and Car Overturn. Herbert Weiss, 19, of the 800 block of | Sixth street, suffered a possible skull fracture and six other persons were less serlously iniured when a taxicab and an automobile collided and overturned | on the Baltimore Boulevard, at Holly- wood. Md., early today. Weiss was brought to Casualty Hospi- tal in a passing car. His condition is undetermined State Policeman N. G. Faulkenstine said the taxicab was occupied by five colored persons. while a woman was rid- ing in the car with Wei All except Weiss e: ed with “mere scratches,” the officer said. TNe occu- pants of the cab and the woman were | moved from the scene before the officer arrived, and he did not learn their identity. PIN SCRATCH BLAMED FOR DEATH OF WOMAN Coroner Asked to Investigate Case of Miss Thelma Kehne, Dress Shop Employe. Coroner Joseph D. Rogers was ssked today to_investigate the death of Miss Thelma Kehne, 26, at Em°rgency Hos- pital about 1 o'clock this morning of an infection which developed from a scretch on her face dgs Kehne, who lived at 1344 Ken- dy street, is said to have accidentally scratched her face with a pin while at Doll Wins Edith Riley case in the newspapers. SMILE flashed across the grave | face of 13-year-old Edith Riley today for the first time since she was taken to Gallinger Hos- pital last Friday. Edith’s father and stepmother, Mr. | and Mrs. Harry Newman Riley of the 1100 block of Rhode Island avenue, are facing a grand jury on charges that they made the child live in a closet for | the greater part of four years. The sign was noticed by nurses and psychologists who had watched in vain, since Edith was brought to Gallinger | Hospital Friday afternoon, for some spark of revival in the child's fixed eyes and melancholy features. But in all that time no smile or hint of animation stirred the face, which | was that of a much older person despite ‘ the fact, psychologists said, that Edith's mental and physical development was on a ;lur with that of a child half her‘ age of 12 years. They found some encouragement, however, in Edith’s unsmiling ac- | ceptance of the friendship proffered by another tient of the children’s ward—a lively, 7-year-old red-head, | called Russell. ‘ Russell brought an offering yester-‘ day—a small china dog, which was perpetually trying to bite his own tail. | This Edith ~gravely accepted and | placed among her other toys. | Yet the gift, llke numerous others— dolls, games, bright trinkets, warm clothing—brought by a score of new friends who called on the young patient yesterday, failed to excite more than her passing interest. For the most part, while she was | not partaking of the carefully pre- | pared hospital diet, or sleeping, she only sat propped in her pillows, look- ing steadily out the window. Not once, the nurse in charge said, | had she smiled. “Come on now,” ed tographer this morning, us, Edith!” Edith, willingly enough, had com- plied with his ctier requests. She had | posed just so, propped up on her bcd‘ amid her toys, turning her head this | way and that at his request. But she | would not smile. ~Once she made a| gallant effort, which only twisted one corner of her mcuth. ‘Then the nurse brought in a new gift. It was a doll, as large as Edith| herself, with eyes which closed when she lay down. the pho- “smile for | child here IMPRISONED CHILD SMILES FIRST TIME AT GIFT. LITTLE EDITH RILEY, Surrounded by the dolls sent to her by Washingtonians who read of her strange —Star Staff Photo. Edith held out her arms for it as soon as she saw it. She hugged it to her, and some cunning mechanism within the toy responded. “Mamma!” cried the doll The photographer, too late, much too late to snap tre picture, saw Edith | smile—a_spontaueous expression which | as quickly left her face blank again. “I'l declare,’ said the nurse in charge, “that’s the first time Edith has, | smiled ‘since she came to us!” Although Edith has shown no_evi- dences of the lack of self-control at- tributed to her by her stepmother since she has been at the hospital, the psy- | | chiatrist in charge of her case explained that a chang: in her habits might have been brought about by the sudden change of her environment. ! Whether Edith Riley ever was a normal child is a fact very much doubted by the doctors at present, al- though no definite statement can be advanced after such a short period of | observation. “It will be necessary to have the at least two weeks to study the effect of the proper diet which she is now having before any opinion can be given as to her real mental condi- tion,” the Gallinger psychiatrist ob- | served. 3 ‘Approached upon the subject of her! home or family, Edith would give but | one answer. “I don't know." When the nurse persisted in her ques- | tioning, she shouted “I don’t know,” her pale litle face becoming stubborn and sullen. Only once did she give answer which indicated she followed the conversation | to some degree. | “You have a u?" No afiswer. “Is her name Alice?” Promptly, she replied, “No, Louise.” Edith admitted in a monosyltabic con- versation that her sister and brother ! haa_been good to her, but when pressed further for information on the subject, fell back upon her set reply. “I don't know.” Francis, 15-year-old brother of the | girl, was temporarily committed to the | custody of the Board of Public Welfar» | by Judge Kathryn Sellers today at the request of the boy's maternal relatives, | according to Policewoman Ruby G. Brandt. sister, Edith, haven't | POLEE BRUTALTY TRAL POSTPNED {W. T. Burroughs, Policeman Defendant, Is Too Ill to Attend Trial. Trial of the first of the so-called po- lice third-degree cases, scheduled to begin today, was postponed until next Monday by Justice James M. Proctor, due to illness of one of the defendants, | Policeman William T. Burroughs of No. | 1 precinet. .‘ Justice Proctor summoned Burroughs’ | physician, Dr. S. L. Battles, for a per- sonal report on the policeman’s condi- tion. Dr. Battles left the operating room at Sibley Hospital to inform the court that Burroughs is suffering from “acute tonsilitis.” The physician said his pa- tient is “in no condition to appear for two or three days.” Burroughs was named jointly with | Precinct Detective James A. Mostyn and Policemen William R. Laflin and William C. Grooms, all of No. 1 precinct, in the case of James Henry Harker, chief Government witness in the first of the brutality charges. United States Attorney Leo A. Rover told the ccurt it was “manifestly” im- possible to begin the trial without the presence of Burroughs, and suggested that the case go over for one week “in order to be sure of the defendant’s ap- pearance.” James A. O'Shea, countel for Mostyn, Laflin and Grooms, and J. Frank Kelly, attorney for Burroughs, concurred in the plan. Rover, with John M. Keith, Justice agent who directed the Government's sensational third-degree inquiry, ap- peared in the crowded court room, pre- pared to launch the trial immediately. After Rover and O'Shea had advised the court they were ready to proceed, Kelly announced his client’s absence. due to illness. Justice Proctor inquired as to Burroughs' exact ccndition, but no authentic information was avail- able, so the physician was sent for. The proceedings were suspended until Dr. Battles arrived. There were rumors afloat that Bur- roughs will seek a severance from the other defendants in the trial. The ru- mors are thought to have arisen from the fact that Burroughs has failed to place his case in the hands of the at- LEADERS DEDICATE DUNBAR'S STADIUM School’s First- Athletic Field! Named for Maj. Walker, Late D. C. Principal. The Maj. James E. Walker Memo- rial Field was formally dedicated this| afternoon to mark the successful end of Dunbar High School's 15-year strug- gle for a stadium. Begun at 1:30 o'clock with the invo- cation by Rev. 5. F. Rivers, the pro- gram included the dedication address by Dr. Luther . Reichelderfer, chair- man of the board of D. C. Commis- | sioners. Rev. F. I. A. Bennett, member | of the Board of ducation, accepted the | field from the Commissioner on behalf of the schools. Presentation of a bronze tablet, desig-! nating the field as a memorial to Maj Walker, was a feature of the dediction. W. H. Burrel, representing the James E. Walker Post cf the American Legion. made the pres ion. Garnet C. Wil-} kinson, first assistant superintendent in charge of colored schools, accepted |~ Misic by the High School Cadet Band |and games and out-of-door demonstra- | tions~ completed the program, which was closed with a benediction by Rev. Mr. Rivers Despite the fact that Dunbar High | School was completed and occupied by {its first studenis in 1916, the dedica- tion of the athletic field today marks the inauguration of its first adequate recreation field. Delays of various kinds, including’ difficulties in securing the necessary appropriations and in | purchasing the needed lands, held up | completion of the stadium until the | past Summer. Maj. Walker, for whom the field has been named, was cne of the organizers | {of and was' the first president of the! Public Schools Athletic League in the | colored schools. In salute to his con- tribution to sportsmanship and physical development among the colored youth ol the Capital, the colored division of | the public schiool system now awards |annually 2 gold and silver medal to the | senior and junior high school students who best exemplify the character traits attributed to Maj. Walker and urged by him upon young men. | Maj. Walker, whose rank was attained work in a dress shop in the 900 block of | torney representing the other co-defend- | it the District of Columbia National G street. She entered the hcspital last Tucsday, after the scratch had become infected The young woman’s body will be sent to her former home in Frederick, Md., for burial Ad Club Cancels Meeting. Out of respect for Elmer V. Smith. advertising director of the Washington Herald, who was killed in an airplanc crash near Camden, N. J. last week, the Washington = Advertising Club has canceled its regular luncheon meeting scheduled for tomorrow, it was an- nounce¢ by Howard W. Berry, presi- dent of the body. Mr. Smith was an active member of the club and a reg- ular attendant at its meetings. The club sent a ficral tribute to the funeral ©of its deceased member. |ants. It is understood the Government | would oppose a separate trial for Bur- | roughs. | The court room was filled to capacity {and a number of persons were turned away at the doors by deputy marshals. |, Prominent among those in the court room were Capt. E. W. Holmes, com- [mnnder of the first precinct, who car- ried under his arm the large record book containing notations regarding Harker's arrest last August on suspi- clon of burglary. Holmes is one of the “key" witnesses. Harker, a baker, claims that the four policemen beat him with a rubber hose and with their fists at the first pre- cinct station house on August 23, in an effort to_extort a confession of bur- glary. The policemen e indicted for felonious and simple asédults by the October grand jury. Guard, was supervising principal of the | thirteenth division in the school system at the time of his death, in April, 1918. | He had been in the echool system since his appointment as a teacher at the Stevens School in September, 1894. He served on the Mexican border prior to the World War and when the major | conflict involved the United States he | 2nd his unit were assigned to guard the | automobiles from the Washington side | sent back so that the 200 cars could THREEHOUR TIEAP OF AUTOS OCCIRS AT HGHWAY SPAN Motorists Using New Route to Alexandria Are Held Big Factor in Jam. TRIO REPORTED TAKING MT. VERNON ROAD TOLL Park Policeman, Entreated to Aid Stalled Drivers, Finds Cars Lined Up by Hundreds. The vexing question of just who has police jurisdiction over the territory surrounding the | Virginia side of the Highway Bridge and the unauthorized public use of the incomplete Mount Vernon Memorial Highway combined with a flood of automobiles yesterday afternoon to create an unprecedented traffic jam. While the number of mo- torists stalled in the jam has been placed as high as 50,000, United States Park Police said today they had no ex- act tab on the number of cars involved in the tie-up. Assisting Arlington County, Va., au- thorities and District police were Lieut. H. Helms, Sergt. William Shelton and Officers P. R. Toland and J. E. Shawhan of the United States Park Police. Mo- torists visiting the Washington Air Port, those wishing to be among the first to use the new Mount Vernon Memorial Highway, which is paved southward from the vicinity of Gravelly Point, and l those out for Sunday afternoon rides | united to contreute to the tie-up. Police Jurisdiction Lacking. The Mount Vernon Memorial High- way is being constructed under the jurisdiction of the Bureau of Public Roads, Department of Agriculture, and it 1s expected that when it is finished Lieut. Col. U. S. Grant, 3d, director of Public Buildings and Public Parks, will assume jurisdiction. At present no governmental body has police jurisdic- tion over the highway. As a result, motorists freely use the | completed highway, taking an unpaved route from the end of the concrete near the Rallroad Bridge, to get onto the Highway Bridge. Construction is still going forward on the highway south- ward from Columbia Island and beneath the Highway Bridge to a point near the Railroad Bridge. Motorists using the highway to and from Alexandria were an important factor in the traffic jam. Men Reported Taking Toll. Officer Shawhan about 8:15 last night was advised that some one was charg- ing a fee of 25 cents to let automoblles through the barricade at the under- pass at the Highway Bridge, leading to the paved section of the Mount Vernon Highway. Upon investigation, the offi- cer said, he found this was the case, as three men had built a campfire and were accused of collecting coins from the motorists. The trio informed the officer they were on their way South, but denied taking any money. The po- liceman started these men on their way and tore up their camp. Unable to place responsibility for the alleged col- lecting of 25 cents per car, he let the matter drop. The traffic Jam began to assume se- rious proportions shortly after 3 o'clock yesterday afternoon and became in- creasingly acute, lasting for about three hours. Traffic was backed up on the Mourt Vernon Highway, as well as on the public road leading to the southerly terminus at the Highway Bridge. Finds 250 Autos in Jam. Officer Toland said that about 4:30 yesterday afternoon, while he was hand- ling traffic at the south end of the Highway Bridge he received complaints from motorists about the Mount Ver- non Highway being blocked off at the Railroad Bridge. He was advised that engineers had run a tractor and an au- tomobile across the road, adding to the traffic confusion. The officer told the complainants that the United Stat:s Park Police have no jurisdiction over the Mount Vernon Memorial Highway, but, responding to insistent appeals, he went to give what aid he could. There he found about 200 automobiles which had come down from Alexandria, as well as some 50 | halted by the barricade. With the assistance of the engineers, who have the road under construction, the motorists on the Washington side ! of the barricade were turned around and be let through. Recurrence Ts Expected. While there are signs, put in place by the Bureau of Public Roads and the road contractor, advising the pub lic that there is no thoroughfare, mo- torists persisted in driving through a narrow Space permitting the passage of one car at a time. Capt. R. C. Montgomery, U. 8. A., superintendent of the United States park police, said today that he foresees a recurrence of yesterday’s traffic jam on succeeding Sundays until the ques- tion of jurisdiction is definitely decided and proper policing arrangements are made. The captain asserted that the District government and the metropoli- tan police have jurisdiction on_the Highway Bridge proper and for 1,000 feet on the Virginia side. Park Police Help Out. Capt. Montgomery said he started sending the park police over to assist in unravelling traffic jams more than a year ago, in response to calls from the airport authorities. Special events at the airport caused an influx of motor- ists, creating confusion. When the large transport planes were put into commission here, this added attraction caused large number of motorists to visit the airport and watch the planes take off. The Highway Bridge is a bottle neck of this traffic, and because everybody else seemed to refuse to take jurisdiction, the United States park police Were sent over to assist, Capt. Montgomery asserted. The superintendent made it clear that the park police are not “pulling Vir- ginia’s chestnuts out of the fire.” The captain realizes, he said, that the people inconvenienced are mostly District peo- ple and the park police merely act to straighten out a traffic jam and do not | attempt to enforce Virginia regulations. | The main dispute over jurisdiction is on Military road, the captain said, re- calling that Congress has considered a transfer of this thoroughfare from the Fort Myer, Va. authorities to the United States Park Police, but this leg- islation failed of enactment. PUBLIC WORKS INCREASE Long Bridge, over the Potomac River. The Walker Athletic Field was com- | pleted at a cost of $407,000, $332,000 Of Wwhich was for land and $75,000 of which Tepresented the cost of the equipment. Tax Appeals Board Re-Elects Head. | _Logan Morris of Logan, Utah, today was re-elected chairman of the United States Board of Tax Appeals for 8n- other tw O-year term. $28,078,978 on Contracts Is Re- ported to Hoover Jobless Group. Contracts totaling $28,978,978 for public and semi-public works were re- ported last week to the President’s Or- ganization on Unemployment Relief. ‘They brought the total awards ported since Decefiber 1, 1930, to 118,634,926, ‘The crew of the U. nians who visited the na Dorothy Hampton. The barrel is very Right center: Lieut. Comdr. L. J. Gulliver poses in his quarters. F. Constitution had one of its biggest day yard for their first view of the restored Top photograph, the gun deck of the old fighter. ate empty. ‘The metal Throngs Board Famous Old Constitution WASHINGTON GETS FIRST VIEW OF RESTORED FRIGATE. yesterday as hosts to thousands of Washingto- Left center, Seaman Thomas J. Conroy shows the grog barrel to can hanging before him contained hot cannon balls, heated in the galley stove and hung in the room to provide the only heat on the old ship. This method was used by her original crew. Below, Hunter Whitten, 5919 Fourth street, hears from two sailors all about the guns. ANNED by & crew of modern bluejackets, “Old Ironsides,” still the pride and inspiration of the American Navy, was “boarded” today by hundreds of visitors at the dock of the Wash- ington Navy Yard. ; Sole survivor of America’s first armada, the warrior's prow and stern boldly proclaim that the U. S. frigate Constitution _salutes its _thirty-first commander, Herbert Hoover, as un- daunted as when it sailed before the first, George Washington. No cannon forced “Old Ironsides” to dock, to dream there in the lazy waters of the Potomac of the scars of its 42 victories. The frigate rests as a result of a curtailed expenditures move re- cently announced by Secretary of the Navy Adams. Engagements to visit other citles have been canceled for the present, at least. Visitors Come in Crowds. Today Comdr. Louis J. Gulliver trod the decks where once its fighting com- manders made undying history and graciously receives the thousands of visitors who come in a steady stream. For the pride he takes in the historic frigate, he might have been its com- mander when the Constitution ruled the waves in the most glorious days of the American Navy. The 7 naval officers and crew of 81 men of the present-day Constitution are using the same methods and are living under the same conditions as their predecessors. All day yesterday, after the ship's arrival here, 9,292 per- sons trod her decks, bristling with guns, and today the stream of visitors was | cely less. They peered at the side ?:Oa:n }\;lhk:h Lieut. Stephen Decatur shoved off in 1803 toward the harbor of Tripoli to recapture and destroy the United States frigate Philadelphia, held by pirates, in one of the most daring ventures i naval history. ey ga deoks Jinod. with guns and marveled at the business-like fashion with which | “Qld Ironsides” went its way. Mast Soars 187 Feet. At the first sight of the Constitution, with its tall masts and sides, the visitor is struck by the size of the frigate. 1Its tallest mast soars 187 feet. But then that first impression of formidableness gives way to a feeling rence. n‘é:;\edl‘. Gulliver, who brought the t ship to Washington on its voy- ?Bleh:‘lun( lt?he Eastern Coast, has that feeling, too, and always will have it, he id. e"é?d Ironsides has a way of making in awe upon the two, | you feel small and humble in spirit,” | he said. “No matter hcw important a | man may be, he feels that he is stand- |ing in the presence of something great- er than he, greater than anything else. It embodies all that is fine and inspira- | tional in America.” For the American sailors who com- prise its present crew, Comdr. Gulliver has only the highest praise. “They told us that the Navy couldn't navigate the Constitution, but they were wrong,’ Comdr. Gulliver said, as he iocked aloft ‘at the great masts and the thousands of Topes. “These men could take ‘Old Iron- sides’ out in any sort of weather and sail her with the best skippers of the | old days,” he added with pride. Crew Loves Frigate. ‘The members of the crew themselves ‘hz‘n: learned to love “Old Ironsides” [with that same regard as th at | | hearts which once fought on its sea- | swept decks. They like their jobs and they know the old frigat= from top to bottom. Comdr. Gulliver showed the way into the captain’s cabin, a spacious and | comfortable quarters in the stern of the gun deck. It was time to bring in the “hot shot,” the only method em- ployed on the vessel to heat his quar- ters, and the same employed by his predecessors in command. When the chill night winds sweep over the sea the cabin that housed Capts. Isaac Hull, William Bainbridge and Charles Stewart, is heated by white hot cannon balls pended in an iron covered bucket fillod with sand. Two sailors brought in the “hot shot” and suspended two of the buckets in the cabin. The cannon balls are heated in the galley stove on the gun deck and are placed in the iron containers with tongs specially constructed for the | purpose. Drives Away Chill. ‘The covered buckets, which are sus- pended from the beams overhead, are half filled with sand. Comdr. Gulliver declares that this old method—while not as satisfactory, of course, as mod- ern naval methods—dispells the chill and keeps the cabin’ comfortable for about 9 hours. In a few minutes after the buckets | were hung in place this morning, the | glow of warmth was easily felt. In the old days, the commander said, a ‘wnrmth of 60 degrees or a little less was considered ample. | During the days when the Constitu- | tion was winning her proud title of | “Old Ironsides’ she carried a comple- ment of 475 officers and men. | —Star Staff Photos. ‘ Naval economy makes this impossible | now, but the small crew has its hands | full when the acre of canvass is un- furled to dry. This is to be done dur- iing the present week and the sight of | the huge sails flapping in the breeze | will be one never to be forgotton in the memory of those fortunate enough to | see it. In Symphony — et \ Leader of Second Violin Took Course of Study at Warsaw Conserv- Section atory. Walter Nessul, leader of the second | violin section of the National Symphony Orchestra, has been recruited by Con- | ductor Hans Kindler from the ranks of the men who, in | 1930, attempted to | form a co-opera- tive orchestra, | This ' resulted in the formation, a year later of the National Symphory Orchestra. as con- stituted at present. | Mr. Nessul was | born in Poland and has the distinction |'of having under- gone a coursc of study at the cele- brated Conserva- tory of Warsaw At the close of his studies there, e joined a Russian Veier Nemsl string quartet which, in the course of |its _tours, took him through Russia, | Germany, England and other countrlesj oad. | 4 Coming to the United States some |dozen vears ago, Mr. Nessul has been actively engaged in theater music work | in Baltimore and Washington ever since his arrival in this country. — Marriage Licenses. Robert A. Constantine, ir., 21, N 2 bem, K. ¥, and. Borothy . Moretemn. 31, N dan Groomis, 30, wnd Liiite Gacrame Judge Rovert E iati S FOR Meolung. 4%, this et Margaret H. Abel. 34, Saii Francisco; Mev: A it *Arthur Goodrich am Arthur 1 N. Pack, B . 28, 24 Rev, Joseoh H. Sizoo PAGE B—1 COURT OF APPEALS | GIVES SIX OPINIONS, . ONE ON OIL LEASES Writ Against Wilbur Finding on Osage Indian Lands Is Reversed by Ruling. TENANT’S SIDETPHELD IN TRIANGLE SITE CASE A. W. Nelson Child Support Verdict of Jury With Women Serving Is Approved by Justices. The District Court of Appeals today handed down six opinions in cases heard last month, five of them relat- ing to appeals from the District Su- preme Court and one from the Juvenile Court. The Supreme Court was af- firmed in two opinions and reversed in two, and the fifth opinion was modified and affirmed. The decision of the Ju- venile Court was affirmed. The first reversal was rendered b; Justice Van Orsdel and involved a con}-' demnation proceeding in one of the Federal triangle cases. The condem- nation jury had awarded the owner of the premises at 408 Thirteenth street $32,000 and reported a lease of Royal H. Carlock, the tenant, to be of no value. The lease was made January 1 1928, for & term of 10 years at varying yearly rentals in consideration of the tenant remodeling the building. Justice Van Orsdel declared he was not impressed with the contention of Government counsel that the tenant was not entitled tc remuneration for the improvements which he placed on the property, since the improvements revert to the owner at the termination of the IEQTS;. e lower court was directed to aside the award of the jury in so ts:: as it related to the lease, and to grant a rehearing and the value of the lease, lbfe l;le)& xl?:dndl at !3: rehearing is to luc Trom the amount of award to the owner. e Oil Mandamus Vacated. Justice Van Orsdel also delivered the other reversal, which vacates a writ of glr::l?wr{rnnud byd:‘:'le District Su- commany Secre the Interior Wilbur to v:cate her ;yné’-' ?;fmthl::&:h:omgifo'fld‘d not have a ce 1nJ0khhoms4 oil and gas lands ustice Van_ Orsdel called atte: to the act of March 2, 1929, by ‘x'lht::g the whole matter of the jurisdiction of determining the status of the Osage In- dian lands and the leasing of the same and the determination of whether or not the leases are complied with, as re- quired by law, is reposed in the Secre- tull‘y ©f the Interior, and the only limita- to whether or not af the termination of such lease it is ::l-uE ducine gas or oil in paying quantities. Justice Groner rendered the opinion of the appellate court modifying and af- firming a decree of the lower court for an_accounting and a judgment for $1,588.04 against the Southland Ice Utilities Corporation of Richmond in favor of the Colonial Ice Cream & Zero Products, Inc. The appellate courg held there was a breach of the contract sued on, but disagreed with the lower court in its method of ascertaining dam- Realty Injunction Denial Upheld. ca\lxl;t an opinion by Justice Groner, the ton sought by Francis A. Blundon Louis C. er, real estate nn;nt:. against Walter B. Guy and C. Chester Caywood, appointed trustees the by court to make partition e ake pa of certain real The District Supreme Court ws - firmed in an opinion by Justice Wllill:{'n Hitz dismissing a bill to enforce a mechanic’s lien which was filed in the name of a former owner after the property had been acquired by another purchaser. The suit to enforce the lien had been brought by the Chamberlin Metal Weather-Strip Co. against James L. Karrick and others, owner of an apartment house at 3446 Connecticut avenue. The court pointed out that the ques- tion was whether a lien naming the former owner, when he was not the owner, was such a non-compliance with the statute as to deprive the plaintiff of its benefits. The lower court held it was and Justice Hitz concurs in that ruling. Tllegitimacy Case Affirmed. The Juvenile Court was upheld in a decision by Justice Hitz that Augustus W. Nelson was properly adjudged in that couft by a jury to be the father of an illegitimate child and was or- dered to pay $3 weekly for its support. Two questions were raised on the ap- peal. One was that the jury was il- legally constituted because of the pres- ence of three women on the panel, and the other was that the proceeding has { been brought in the name of the United States when it should have been in the name of the District of Columbia. Justice Hitz pointed out that the ob- Jection to women on the jury was first raised on the motion for the new trial, which precludes its consideration on ap- peal. The name of the prosecutor was purely technical, he holds, and involves no substantial right of the defendant. CITY NEWS IN BRIEF. TODAY. Meeting, Brooklana Cit: ' Asso- ciation, Masonic Temple, l‘z;:: Meeting, Kalorama Citizens' Associa- tion, John Quincy Adams School, Nine- teenth and California streets, 8 p.m. Meeting, Burroughs Citizens’ Associa- tion, Burroughs School, Eighteenth and Monroe streets northeast, 8 p.m. Meeting, Dupont Circle Citizens' As- sociation, Mayflower Hoiel, 4:45 p.m. Meeting. Piney Branch Citizens’ As- sociation, Hamline M. E. Church, 8 pm. Meeting. Stanton Park Citizens’ As- sociation, Peabody School, Fifth and C streets northeast, 8 p.m. Card party, benefit Spiritual Sclence gr:n’larch, 16 Fourth street northeast, :30 pm. FUTURE. Rehearsal, Rubinstein Club, Willard Hotel, tomorrow, 11 a.m. Luncheon, Buy-in-Wi Com- mittee, Willard Hotel, mmtonmfro'. 12:30 pm. Luncheon, Credit Men, 12:30 pm. Luncheon, Washington Round Tible, University Club, tomorrow, 12:30 pa. Washington Assoclation of Raleigh Hotel, tomorrow,