Evening Star Newspaper, November 22, 1931, Page 2

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HOWELL T0 PRESS DIGTRIGT DRY BIL Reintroduction of Measure i With Amendments Planned by Senator., Still firmly belleving that Washing- ton should have a local dry enforce- ment law to supplement the national prohibition act, Senator Howell, Re- publican, of Nebraska announced yes- terday that as soon as Congress con- venes mext month he will reintroduce the bill he advocated at the last ses- slon to accomplish that purpose. The Senate considered the Howell bill on several occasions toward the close Of the Iast session. In the course of ‘the debate the Nebraska Senator agreed to adoption of scveral amendments pro- posed, including & revision of the search warrant section. reach a final vote in the Senate and was not before the House. Since this will be a new Congress all bills on which action was not com- pleted by both Houses must be intro- duced again ana start their legislative Journey in committee. To Include Amendments. Senator Howell sald he would intro- duce the bill in the form in which it vas amended at the last session. It Wi come before the District Commit- tee, therefore, with those changes al- ready made. Most. of the discussion on the bill at the last session revolved around the search warrant provision for dwellings. As reported frem the committee this clause of the bill read: “No search warrant shall issue to search any private dwelling occupied as such unless it is being used for the unlawful sale of intoxicating liquor, or a still or distilling apparatus is un- lawfully set up or being used therein, or intoxicating Yiquor is unlawfully de- ltvered thereto for purpose of sale, or unlawfully removed therefrom.” Section Is Amended. Following debate in the Senate, the section was revised to read as follows: “No search warrant shall issue to search any private dwelling occupled as such unless it is being u for the un- lawful sale, manufacture for sale or mvng‘e (m'. sale of intoxicating lig- poc * & e Senator Howell explained during the consideration of the measure last Win- ter that his pi in drafting this section of the bill was to give police a methaddo{ preventing - 'gEers wf;‘om using dwelling properties as storage places from which to make deliveries. $2,000 Fund Proposed. ‘The bill also would give all members of the police force the necessary au- thority to assist in ition enforce- ment. Another n would authorize an appropriation of $2,000 to establish @ rotating fund to be used by the Police Department in obtaining evidence of dry law violations. The bill also would provide that any n who knowingly permits any i ding owned by him or under his control to be used in maintaining a nuisance as defined i the nation: prohibition act without taking able measures to eject the persons so using the property would be deemed guilty of maintaining such nuisance and be subject w‘the hp’;r‘::’.loluuprescrlbed in the national n law. Other nmonsp:f’ the bmmm- for drinking in public or lig- uor to minors. LAUNDRY OFFICIAL ROBBED OF $1,099, BY TWO BANDITS (Continued From First Page.) rounds of the branch offices with him. He was alone last night, however. Police sald they were convinced the robbers had been watching Sinclair for some time. The manner in which the hold-up was executed, they pointed out, indicated the bandits were familiar «with the laundry superintendent’s movements and had laid their plans with great care. At the time of the robbery, Sinclair had not completed his collections. TUsually, his wife said, his collections totaled between $2,000 and $3,000. After the hold-up to offi- clals of the laundry, Sinclair went to police headquarters, where he described the robbery to Detective Sergt. Charles Mansfield. The detective accompanied Sinclair to the alley, where the laundry super- intendent re-enacted the hold-up. The cloth and rope used to bind and gag Sinclair were found at the scene of the was held up about 7:30 o'clock. About an hour earlier a col- ored man, armed with a revolver, held up Mrs. Anna Boetler and her daughter Frances in their grocery, at 1109 Flor- ida avenue, and escaped with between $4 and $5. As the bandit ran from the store, Mrs. Boetler and her daughter screamed, at- tracting the attention of Detective Sergt. J. J. Tolson, who was eating dinner at his home nearby. Tolson ran into the street, where a boy told him of the hold-up and added the robber had fled into a nearby alley. The detective found a colored man in the alley and captured him after a chase of about half a block. ‘The man, who gave his name as Rich- ard Thompson, 33, of 1062 Thirty-third street, later was identified as the robber by both Mrs. Boetler and her daughter, according to Tolson When Thompson 'was searched at headquarters, where he was booked for investigation, $20 was found in his pockets, Tolson said. ALCOHOL IN FOODS UNDER U. S. PERMITS IS RULED ILLEGAL (Continued From First Page.) reason- dition of alcoholic liquor which once was very popular.” Judge Fitz Henry mode the ruling on a petition by the Purity Bread Co., Alton, Il asking the District Court to reverse a refusal of E. C. Yellowley, deputy prohibition commissioner, to grant the bread company a permit to use liquor. The judge uphcld the commissioner, deciding he had no authority to grant such permits, ‘The ruling was said by attorneys to be the first of its kind since prohibi- tion was enacted. There is no uncertainty or ambiguity | in the prohibition laws concerning use of liquor by manufacturers, the judge ruled, saying that manufacturers now using alcohol ander permits are liable to prosegution. et i PIPE RESULTS IN RAID N. J., November 21 (#)— oThe Superior Manufacturing Co., op- in the old Hensler Brewery Comdr. John D. , Federal prohibition direc- Newark and Philadelphia erat! hn‘:‘wn raided by and ties yesterday. president, tor, de] and charged with t! beer. The measure did not } vice president and secretary-treasurer of the company were manu- Bandit Victim LAUNDRY OFFICIAL HELD UP AND ROBBED. FRED_G. SINCLAIR. BANK OF 1.5 PLANS 0 PAY 70 PER CENT Stockholders to Raise $8,000,000 Under New Liguidating Proposal. By the Associated Press. NEW YORK, November 21.—Agree- ment on a plan by which depositors of the closed Bank of United States would recelve perhaps 70 per cent of their deposits in cash and the rest in in- terest-bearing debentures was an- nounced today by Samuel Untermyer. An end to several criminal prosecu- tions arising from the bank's closing was seen as a possible outcome of suc- cessful operation of the plan. Civil suits now pending against di- rectors and stockholders who subscribe to the proposal would be dropped, it was explained, but the prosecution of such suits in the case of those who do not subscribe to the plan would be pressed. ‘Would Take Over Assets, A lquidating corporation with Mr. Untermyer as counsel would, under the terms of the proposal, take over the bank's assets now in the hands of James A. Broderick, State superin- tendent of banks. No new bank would be organized. ‘The plan has yet to be approved by a court and will go into operation just as soon as that approval is obtained. Mr. Broderick's approval is conditioned upon the subscription of at least $8,- 000,000 in cash to the liquidating corporation. The directors of the closed bank must subscribe to at least $3,000,000 and the stockholders to at least $5,000,000. Both the directors and the stock- holders will receive 6 per cent non- cumulative preferred stock at par with a 25 per cent bonus of common stock of the new company. ositors have already received 30 per cent of their deposits. Mr. Unter- myer said they would be pald an ad tional 15 per cent on or before Chris mas and a further 15 per cent within 90 days. Still another 10 per cent divi- dend in cash is hoped and anticipated within six months after approval by the court, he said. Closed Last December. “For the remaining 30 per cent (or 40 per cent) of their claims the depositors will receive debentures of the liquida- tion corporation bearing interest at the rate of 3 per cent per annum, pay- able in instaliments, as the assets are collected, over a period of three years,” the Untermyer statement said. “This should permit of the ll%\llldutlon of the large real estate and other holdings of the bank without undue sacrifice.” ‘The Bank of United States was closed 1ast December 10. It had branches in all parts of the city. Its deposits, as shown in the September quarterly statement before it was closed, amount- ed to $202,000,000. They shrank to $161,000,000 between the time of the statement and the closing. Officers and several of the directors were indicted and some were con- victed. They were charged with viola- tions of the banking laws. MINER IS ACQUITTED OF SLAYING DEPUTY IN STRIKE CLASH (Continued Prom First Page.) torney, trying the case here on a change of venue, told the jury there was “an incubation of unrest” at Evarts. He contrasted that mining town with the nearby town of Black Mountain, where, he said, the men were peacefully at work. ‘The claim that Burnett was a peace- able workman who was fired at with- out cause by the deputies and returned the shots in self-defense were made by B. B. Golden, 70-year-old Pineville at- torney. Golden termed the deputies ‘“gun- men thugs,” and asserted that if they had let Burnett go home there would have been no tinuble. Burnett told the jury yesterday nc shot at Pace several times, but did not know whether he hit him and Golden argued that it had not been shown beyond reasonable doubt that Burnett killed Pace. | " “Burnett’s case was the first of more | than twoscore murder cases growing out | of the long sirife in the coal fields of | Southeastern Kentucky. |~ The trial began here November 18 on | a change of venue from Harlan County. | Eleven defendants face trial here be- {ginning Mondey on murder charges growing out of a fight at Evaris last May 5 in which two deputies, a com- missary clerk and a striking miner were slain. WALL STREET POLICED T0 PREVENT BOMBINGS By the Associated Press. NEW YORK, November 21.—The calm that settles over Wall Street and the surrounding financial district when the money markets close for the week was broken today by the echoing tread of extra police assigned to guard against possible repetition of the 1920 bombing. Assistant Chief Inspector John J. Sullivan announced today that the bomb squad and other detectives as- signed to special duty in the financial district because of threatening letters, which warned of a bombing, would re- main on that duty indefinitely. The guard will be maintained day and night. Chief attention was being paid the hub of the financial district, where the lead | Morgan Building, the stock exchange and the subtreasury are situated, but also through BRUTALITY TRIALS OF TWOMORE NEAR Cases Delayed to Await Finding of Jury in First Police Hearing. With & jury in Criminal Division 1 scheduled to retire tomorrow for a ver- dict in the trial of four first precinct policemen charged with brutality, the courts are ready to open the trials of two more officers involved in “third degree” charges. Headquarters Detective Robert J. Barrett, accused of an assault on George B. Baber, suspect, since exon- erated, in & murder case, was due to go on trial tomorrow before Justice James M. Proctor in Criminal Division 1, but in view of the protracted pro- ceedings in the Harker case it is ex- pected the second of the series of “bru- tality” trials will be delayed. Policeman George Sorber, charged with an attack last August on Arthur T. Paul, a prisoner, also was to be brought to trial tomorrow in Criminal Division 2. However, this trial prob- ably will be deferred also at request of Sorber’s attorney, James A. O'Shea, who must be in court tomorrow for three of the four defendants in the Harker case. Reaches Jury Tomorrow. The fate of Precinct Detective James A. Mostyn and Policemen Willlam R. Laflin, Willlam C. Grooms and William T. Burroughs will be deliberated tomor- row afternoon by a jury in Justice Proctor’s court, following final address< es by opposing counsel and instructions by the court. Justice Proctor yesterday limited each side to two hours for final arguments, so that the case is likely to go to the jury after 4 o'clock. Before the jury retires Justice Proc- tor will give the body thorough in- structions to guide it in weighing the evidence and arriving at a verdict. The nature of the court’s charge to the jury was discussed with counsel in the absence of the jury yesterday. Court's Instructions. Among specific instructions which Justice Proctor agreed to give &t re- quest of the prosecutor, United States Attorney Leo A. Rover, were: 1. That in the event the jury finds Mostyn guilty of having wielded a dan- gerous weapon, to wit, a rubber hose, on James Henry Harker, any co-de- fendants who were present and “then and thereby aided or abetted or assist- ed or incited or connived at such beat- ing” also are guilty. 2. That in the event the jury finds Mostyn and Laflin guilty of a simple assault on Harker, any co-defendants who were present and who “then and thereby” aided in the offense are equally culpable. 3. That in the event the jury finds the four defendants conspired to have Harker beaten, even though the agree- ment was an informal one, all defend- ants are equally culpable. 4. That Harker's previous criminal record and his possible guilt in the housebreaking case for which he was being questioned are not sufficient jus- tification for the assaults allegedly in- fiicted upon him. The criminal rec- ord, however, may be considered by the jury in determining how much credence to give Harker's testimony against the police. Right to Refuse Answer. 5. That the demeanor on the stand of the witnesses and any motive that might influence them in their testi- money should be considered in weigh- ing the truth of their testimony, and if the jury believes any witness has testi- fled faisely his testimony may be dis- carded in part or in its entirety. 8. That Harker had a constitutional right to refuse to answer questions asked him by the police in connection with the robbery of which the prisoner ‘was suspected. Defense prayers for jury instruction were granted as follows: 1. That the law presumes the de- fendants Innocent until proven guilty beyond a reasonable doubt. 2. That if there exists a reasonable doubt of any fact necessary to estab- lish guilt of the defendants, a verdict of acquittal must be returned. 3. That if it is found any witness testified falsely to any material fact about which they could not be rea- sonably mistaken, all or part of the testimony may be disregarded. Presence Insufficlent. 4. That mere presence at the scene of an alleged crime is not enough to warrant conviction. 5. That circumstances of a case may be such that an established reputation for good character would alone create a reasonable doubt, although without it the other evidence would be con- vincing. 6. That if there is a conflict of testi- mony, the jury may believe one witness as against another, taking into con- sideration the intelligence, interest and apparent bias or prejudice of the wit- nesses, as well as their manner of tes- tifying. Justice Proctor refused four defense prayers, and one was withdrawn volun- tarily after it was offered. The court declined to instruct the jury to return a verdict of not guilty under both counts, or to refuse to accord to Har- ker's testimony the same credence given witnesses who have no criminal record. Two prayers were rejected because the same points had been covered in Gov- ernment prayers. ‘The prayer withs drawn asked that the jury be instructed that joint culpability exists when all defendants are “principals” who actual- 1y participated in an offense. Three Other Charges. Mostyn has yet to be tried on three nddmo{lnul assault charges, alleging at- tacks on three colored prisoners last August Dates for these trials will await the outcome of the present case. Headquarters Detective Barrett will be tried for an alleged assault on Baber last April, while the detective was in- vestigating the Garden T Shoppe mur- der case. Barrett i charged with a fis- tic attack on Baber, whom he sought to question as a suspect in the case. Baber was cleared of all connection with the murder. Assistant United States Attorney Julian Richards will prosecute Barrett. - COMPANION OF WOMAN FOUND DEAD IS SOUGHT Bruises Lead to Doubts of Alco- holism Believed to Be Cause. By the Assoclated Pie . LOS ANGELES, November 21 —The bruised body of Mrs. Rhea McDonald, 40, Hollywood club woman was covered in her fashionable home today. An inquest was ordered by authorities, who said they doubted an earlier theory Mrs. McDonald died from alcoholism. ‘They said they sought.Joseph Mur- ray, 44. He was with the woman, they said, until a puysician J)ronounced her. dead. Then he vanished. Murray is said to be a former shoe salesman from boston and met Mrs. McDonald in nollmood shortly after her husband was killed in the World ar, Mrs. McDoneld’s income was said to have been derlved from the estate of her wealthy fatner, who died at La Habra some time ago. He owned nu- 1anches and came to from Cincinnati, s NGTO! Contest D. ¢, NOVEMBER 22, 1931—PART ONE. Winners GRADE PUPILS TO RECEIVE AWARDS FOR FORESTRY BOOKS. and \% lery of Art. ICTORIOUS in a contest in which 4,000 of their fellow Washington school children competed in the interest of American forests, these boys girh this week are to recelve American Forestry Assoclation medals for the excellence of their notebooks on trees. are, front row, left to right: Russell Baughman, 11, son of Mrs. Marguerite Z. Baughman of Alban Towers and a sixth grade pupil of the Janney School, and Jeanne Grinnell, 13, daughter of Mr. and Mrs. Elmer Grin- nell of 3014 Dent place and a pupil of the Jackson School, winners of the medals for the best notebooks from fifth and sixth grades. Back row, left to right: Jan Rus, 8, son of Mrs. Dorothy Rus of 2038 Eighteenth street and a pupil of the John Quincy Adams School, and Janie Belle Bradford, 9, daughter of Mr. and Mrs. John A. Smith of 1218 Jefferson street and a pupil at the West School, winnersiof the awards for fourth grade notebooks. ‘The award of the medals won by these children will be made in exercises which now are being planned. The exhibition of the 4,000 notebooks is on view at the National Museum. The competition was arranged by the District of Columbia Congress of Parents and Teachers, of which Mrs. Joseph N. Saunders is president, and the elementary science teachers, under Miss Esther Scott. Judges of the 4,000 notebooks were Dr. Gilbert Grosvenor, president of the National Geographic Soclety; Dr. Alexander Wetmore, assistant director of the National Museum, and C. Powell Minnigerode, director of the Corcoran Gal- MRS, CARAWAY READYFORFFCE Senator’s Widow Will Oc- cupy Upper House Suite This Week. By the Assoctated Press. A woman will assume the duties of a Senator this week fof the first time in American A Mrs. Hattle Caraway, who was Ig- pointed Senator frem Arkansas to fill the vacancy caused by the death of her husband, will take @ver her office in the Senate Office Building then. 8Since her arrival in Washington a few days ago, Mrs. Caraway has re- mained at her home recuperating from the tiresome journey here and the shock of her husband’s death. First te Take Office. ‘When she goes down to her office she will be the first woman to take over the working obligations of a Senator. Her only predecesser, Mrs. Rebecca Felton of Georgia, only served for a day on a " Nirs, Garaay Wil ot the of rs. Caraway will not occupy - fices formally used by her husband, as he had three rooms, andsenatorial cus- tom allows new members only two- room stites. As a Benator, Mrs. Caraway will have some conveniences not enjoyed by women in the House, and will lose out on some provided for her colleagues. Since women invaded the House, about 15 years ago, & special lobby has been provided for them corresponding to the recreation and conference room for men, just off the chamber. No such facllities ‘are avallable for Mrs. Cara- way. ‘Will Have Beauty Shop. She will have the use of a beauty shop, however, if she desires. It was set up in the Senate Office Building two years ago when Mrs. Ruth Hanna McCormick was running for the Senate from Illinois. Because of Mrs. McCor- mick’s defeat it has never had a sena- torial patron and has been used only by women clerks of the Senators. ‘The chances are Mrs. Caraway will have to pay for whatever service' she gets in the beauty shop, as it is a pri- vate enterprise, whereas her male col- leagues get free barber service from a historic barber shop near the center of the Capitol Building. If precedent is followed, Mrs. Cara- way will get $10,000 in addition to her salary. Every congressional widow is voted that sum, representing one year of her husband’s salary, and the cus- tom has extended to those members of the House who succeeded their hus- PRINCE NICHOLAS FAGED WITH EXLE & Government Decides He Must Give Up Wife or His Royal Privileges. By the Associated Press. VIENNA, November 21—The Ru- manian government has decided that Prince Nicholas must give up either his wife, Mme. Jana Lucia Deletj, or his royal privileges or else live in exile abroad, it was reported here today. Advisers of nis brother, King Carol, were reported to Lave told the sovereign he must enforce one of the following measures: Deprive Prince Nicholas of member- ship in the Rumanian dynasty and of his royal privileges, permitting him to live in Rumania as an ordinary citl- zen, force the urince to repudiate his marriage and aliow him to retain his royal privileges or compel Nicholas to agree to live abroad as an exile. Presan to Serve Ultimatum. ‘The King then ordered Marshal Presan, who 1s supposed to have great influence over the prince, to serve the ultimatum on Nicholas, said dispatches reaching Vienna by way of Prague. Prince Carol meanwhile ordered his brother’s civil list canceled, which would deprive Nicholas of his income from the government. A truce between King Carol and his brother was short lived, the dispatch said. Prince Nicholas ostentatiously walked through the streets of Bucharest arm in arm with his wife, who eloped with him November 9, and thus broke a principal clause of the understanding which had been arranged with the King through the mediation of an uncle, Prince Friedrich Hohenzollern. Wants to Be Left Alone. As soon as Kiug Carol heard of the couple’s stroll he invited Premier Jorga, Minister of the Interior Argetoianu and Marshal Presan tc a council meeting under his own chairmanship at Sinaia Palace today to seek a solution of the !amxlly trouble. “I want nothing from anybody ex- f;lpt :L: t:e l:!?dflfine," Pflncg Nlcyholu patien 0l arshal Presa the lmerlieu for Sinaia. G The marshal mentioned the King's Fve? it i wite. PNicholSa memiea e €. cholas repli would do no sucn thing, A The assembly rooms at Bath, Eng- land, bullt in 1771, have been acquired by the Society for the Protec Ancient Buildings. Howor All Are Invited to the Annual Public Meeting of the Tuberculosis Association Tuesday Evening, Nov. 24th in the U. S. Chamber of Commerce Building H St. and Connecticut Ave. N.W, Subject: “Washington’s Program for Tuberculous Children” Speakers: Dr. Thomas A. Kidner, Consulting Architect, New York City, “Children’s S Dr. Joseph A. Murphy, Chief Medical Inspector, Publi “:}Opon-'?lindw Classes, Health Schools nldr Su:m::r Sch.o.o]& amps.’ Dr.. Kendall Emerson, lMuu.ing Director, National Tuberculosis Association, “Case Findi Mr. ing and Adequate Clinics.” George A. Hastings, Administrative Secretary to President Hoover, “Rights of the Tuberculous Child.” Presiding Officer: Mrs. Ernest R. Grant, President. Association for the Prevention of Tuberculosis Telephone District 8313 1022 11¢th Street N.W. VETERANS OF 16%8 | HOLD 33D REUNION Survivors of Spanish War Elect Maj. F. S. Hodgson President for Life. Half a hundred veterans of the War with Spain assembled last night for their thirty-third reunion and dinner and for three hours tales of experis ences in Cuba, of the preceding enlist- ment periods and of happenings since the days of 1898 flew about the board. It was the annual gathering of sur- vivors of the 1st District of Columbia Infantry, United States Volunteers, who ‘met with guests of other Spanish waz. veterans at the Harrington Hotel. Special tribute was paid to Maj.| Frederic S. Hodgson, who had com- pleted two terms as head of the asso- clation. He was elected president of tl;ewormlnflon for life, by unanimous vote, Plan Big 1932 Reunion. Reminiscences were heard on every hand throughout the meeting and with their days as privates, lance corporals, lieutenants and generals long past, many stories were swapped by table- mates of happenings that were serious then, but enjoyable now. Plans were iaid for making the re- union next year an occasio nto take note of the George Washington Bicen- tennial and to pay particular honor to_“the Father of His Country.” President Hodgson and the toast- master, Capt. Willlam 8. Hodges, be- spoke a closer organization and in- creased activities for local Spanish War Veterans and more care for the families of veterans as members of the organi- zation “pass on.” Attention was called to the fact that just as with the Grand Army of the Republic, the ranks of the Spanish War Veterans are beginning to thin with increasing rapidity. Veteran Once A. W. O. L. The meeting was more than an an- nual reunion to at least one member of the 1st District of Columbia Infantry who enlisted here with others of the group. He was A. C. Murphy, who had not attended a gathering of the associa- tion for 30 years, having resided in, the Pacific Northwest since his company was mustered out. mustered out. He told of having taken absence with- out leave while stationed at Tampa, Fla., en route to Cuba, and getting a court martial and term of confinement for his troubles, particularly because he threw a watermelon at the arresting officer. Arriving at Cuba with his company, however, he was sent into action, he re- called, and was given a “post of honor” at the head of an outpost which was awaiting an attack by the Spanish troopers who were lodged nearby. Recall Peril of Fever. Another speaker was Brig. Gen. E. Horton, U. 8. A, retired, who told of experlences serving with Gen. George H. Harrles, then & colonel; Maj. Charles de L. Hine, and of , and Brig. Gen. C. Shaw, a lieuten- ant in Spanish War days, told of ex- periences serving under Gen. John J. Pershing, then a captain, following the close of the Cuba expedition. Dr. Clarence A. Weaver, medical of- ficer of the company, declared the United States learned lessons in the ‘War with Spain which were valuable in the World War, particularly in trans- portation, housing and provision of adequate medical supplies. Hardships suffered in the Spanish War do not seem so light in comparison with those of the World War experience ‘when it is remembered that the men in Cuba had to combat typhold fever and other allments due to lack of medical supplies and hot 8. lauded the action using John Lewis Smith of Spanish War veterans for having first obtained passage of bills for pen- sions for the widows and orphans of veterans before seeking pensions for themselves. William O. Ohm headed the com- mittee in charge. MARINE FLYER DIES AT AIRPORT CEREMONY Lieut. Nott’s Plane Falls at New- bern, N. C.; Gusts From Plane Ahead Blamed. By the Associated Press. NEWBERN, N. C., November 21— Lieut. J. B. Nott, & U. 8. Marine Corps flyer, was instantly killed here late to- day when his airplane fell 200 feet ‘while participating in exercises dedi- cating the Newbern airport. His home was in New York City. ‘The accident occurred while Nott was flying his single-seater pursuit plane in a formation with for other planes sent here from Quantico, Va., for the cele- bration. The airplane fell on the cen- ter of the fleld, mangling the fiyer's body badly. It w-s believed the crash was possibly due to the back wash from the propeller of & machine in advance. Nott was 25 years old and was a Reserve Marine pilot. His home ad- dress is 136 East Sixty-Seventh street, New York. He was flying a Curtiss-Hawk pur- suit plane, powered by a Pratt-Whit- ney 425-horsepower radial motor. — WOMAN SAYS FIANCE WED HER TO ANOTHER Suit Asking $2,000,000 Is Bared, ‘With Marriage to Count Called Result of Plot. By the Associated Press. NEW YORK, November 21.—A suit for $2,000,000 damages from Frederic Adam Gimbel, treasurer of Saks & Co. and_director of Gimbel Brothers, was disclosed today in Supreme Court. The action was brought by Miss Lilllam Mendal, who charged Mr. Gimbel has been_under an agreement to marry her for five years. Marie de Rivera is included with Mr. Gimbel as a defendent, Miss Mendal charging they conspired to bring about her mamuge in Paris on July 30 last to Count Stanislaus Popielawski, a Pole to relieve Mr. Gimbel of his alleged marriage agreement. Miss Mendal says she is a native of Minneapolis and has lived in New York for 19 years. She asserts she learned 12 days after her marriage to the count that she “had been a victim of a con- spiracy,” and returned to this country. ARTHUR LIMERICK, 61,, BRONZE CASTER, DIES Famous Reproducer of Statues in Metal, Including One Here, Expires in Baltimore. By the Associated Press. BALTIMORE, November 22.—J. Ar- thur Limerick, bronze caster of inter- national reputation, died suddenly last night at his home here. Many cities in the country have statues by famous sculptors who sent their models to Mr. Limerick for re- production. He cast the Chief Justice Marshall statue now on the Capitol ounds at Washington and the Robert orris statue at the Philadelphia Cus- | n&’lfi?flnmumum& was caused by & heart attack. MAJ. FREDERIC S. HODGSON. WIGGIN T0 HEAD DEBT DELEGATION New York Banker to Lead Commitiee at Berlin Conference. By the Associated Press. NEW YORK, November 21.—An- nouncement that representatives of Germany's creditor nations are to meet in Berlin shortly and that a commit- tee at the Bank of International Settle- ments will investigate the German ca- pacity for reparations payments was viewed in financial circles today as an encouraging light on the foreign horizon. Following closely on the of Walter W. Stewart, banker, as a member of the Repara~ tlons Review Committee, it was an- nounced today that Albert H. Wiggin, chairman of the governing board of the Chsse National Bank, would at- tend a meeting in Berlin of a Bankers’ Committee which will consider Ger- m/:’l:xy's $1,300,000,000 in commercial These debts, of which American banks hold around $600,000,000, were included in the so-called “still-halting” agree- ment reached last August between rep- resentatives of the creditor nations whereby, beginning in September, a six-months’ extension of outstanding commercial credits was granted Ger- many. This term expires on February 29, and the committee, headed by Mr. , will represent the banking creditors in America, and will decide whether it is feasible to call a portion of the loans, grant a further extension, ?r convert the loans into some new orm. appointment New York Frozen Debts Considered. A New York Bankers’ Committee, of which Mr. Wiggins is chairman, has been carefully considefing the “frozen debt” situation of Germany for the past two weeks and, upon the receipt of the invitation for representatives of the commercial creditors to meet in Berlin, it was_decided that the head of the Chase Bank should attend. A statement from Mr Wiggins' of- fice explains that, due to the compara- tively short time remaining before the expiration of the “still-halting” agree- ment, the creditor banks in New York decided to appoint a committee for the purpose of “guiding the policies and action of the New York banks during the coming negotiations with German rivate banks and those of other credi- r_countries.” ‘This committee, it is understood, has already decided upon the general line of action to be en at the Berlin conference, although Mr. Wiggins will be given & free hand in meeting any situation that may arise. Wiggins Served Before, The interest of Mr. Wiggins in the forthcoming meeting in Berlin of the commercial creditors is especially keen because he headed the committee ap- pointed at the instigation of the seven- power conference in London last Sum- | la mer which was set up for the purpose of finding some means of rescuing or staving off Germany's financial crisis. ‘The Wiggin Committee met at Basel in August and examined the entire German situation. This committee re- ported that a conference of creditor and German bankers, meeting at its invitation, would recommend “a plan of prolongation of such credits” to the numerous creditor banks and bankers for their acceptance. This eventually twk".he form of the still halting agree- ment. In other words, the banking com- mittee found what had been apparent at the London conference;. that Ger- many would not at that time meet her commercial debts which were falling due and that the only way she could be saved from kruptcy was by a voluntary free of credits. Conse- quently, six months’ extension on the $1,300,000,000 debts was granted. Germany Seeks Understanding. ‘That Germany wishes to come to another understanding about these debts was indicated by the receipt in New York of a cabled invitation from Dr. Hans Luther, president of the Reichsbank, to the New York banking creditors asking that a representative be sent to Berlin to negotiate with representatives of other creditor na- tions and the German bankers. In addition to Mr. Wiggin, members of the committee are George W. Davi- son, president of the Central Hanover Bank & Trust Co.; F. Abbott Goodhue, president of the Internatioinal Ac- ceptance Bank; Charles E. Mitchell, chairman of the National City Bank, and Willlam C. Potter, president of the Guaranty Trust Co. MEETING SET DECEMBER 7. Advisory Committee to Convene at Basel. BASEL, Switzerland, November 21 (#).—The Advisory Committee requested by the German government to con- sider Germany’s capacity to pay repara- tions will meet December 7 at head- quarters here of the Bank for Inter- :nol;lnml Bettlements, it was announced ay. Permission to call a special commit- tee meeting was asked in telegrams sent t> the directors of the World Bank and also to the governors of the Central Banks of Germany, France, England, Belgium, Italy and Ja ;’n kuu Federal Reserve Bank of New ork. - LEAGUE ENTRY URGED GREENVILLE, N. C. November 21 (#)—The_North Carolina Conference of the Methodist Episcopal Church Bouth today went on record as favor- ing the United States joining the e oclt ‘mnwm TR e action was en Ing the report of its Committee perance and Social Service, headed by | in Jtose hus Daniels of Raleigh, Secreta: of ne America take its federation.” i FESS KEEPS POST: MOSES ROW LOOMS Ohio Senator to Retain G. 0. P. Chairmanship Until Convention. One_ Republican rumpus was settled yesterday—Senator Fess of Ohio was agreed on definitely for Republican National chairman—but_another party row was simmering in the Senate over Moses of New Hampshire as president protem. Senator Watson of Indiana, the Re- publican_ lcader, who urged a reorgani- zation of the National Committee with Postmaster General Brown as chair- man at the meeting next month rather than after the June convention, called on Senator Fess and reached an un- derstanding. Watson and Fess agreed the Ohio Senator would continue until the n: tional nominating meeting. but the In- diana Senator also insisted that Fess make a ‘“vigorous campaign” mean- while. He urged Pess to take active charge of national headquarters here. Moses Dispute Looms. Meanwhile, the threatening dispute over continuation of the fiery Senator Moses as president piotem was taking definite form. ‘There would be =& chance that this row might unset Re- publican control of the Senate, except for the apparent unwillingness of the Democrats to assume the organization without an actual majority. Speculation has gone so far at the Capitol as to include reports that some Republican advisers of President Hoo- ver were saying he would prefer to see the Democrats control the unmanage- able Senate. But there is every indi- cation the Democrats will see to it that the Republicans keep the Senate con- trol, satisfled with organization of the House. Some of the Western Republican in- dependents and some of the Republican regulars are reported preparing an attempt to oust Senator Moses as Pres- ident pro tem. The movement is not widespread, but with the Senate so evenly divided only a vote or two would be necessary to do the work. Jones Is Considered. Unwilling to vote for a Democrat as President pro tem, these Republi- cans are considering advancing the veteran Wesley Jones of Washington as a third candidate. This would fore- stall election of any candidate, for a majority is required. Under the Senate rules Moses would continue as President pro tem until his successor is elected, but it is the hope of the anti-Moses faction that he would retire under the circumstances. Moses is about the most indifferent member of the Senate to the whole affair. He pointed out in a published article last Summer there would be rtunity for reprisals on election of committee chairmen, but he is making no threats. “Jackass” Term Starts Row. ‘The row over Moses started when he referred to the Western Republican independents who joined in a coalition with the Democrats as the “sons of the wild jackass.” Moses stood pat on his statement when questioned about it in the Senate. Senator Pittman of Nevada, the Dem- orcratic candidate for President pro tem, had lunch yesterday with Senator Moses. Pittman said he didn’t mua support except from the Demo- cra “No gavel in the Senate” was put forward jokingly by Pittman as platform. Vice President Curtis the Senate with strict discipline and forced to resort to much the gavel. is frequentl; pounding of Despite the rumpus over the Moses incident, some leaders are hopeful it will all be ironed out by meeting time, lest the Senate get into a bitter wrangle over organization. 1t may be. TAX FIGHT BEGUN AT CAPITOL WITH ROBINSON BARRAGE (Continued Prom First Page.) bicycles, paper board, coal and_ gun- powder. Smoot said, however, that if the Congress deemed it wise it could place countervailing duties on other articles, which are affected by the British tariffs. He was not willing to say, however, at this time that he %ould advocate such changes in the W. Opposes “Retarding” Tax. Senator Robinson, in a statement to the press dealing with Federal tax re- vision, indicated he was opposed to the imposition of texes which might greatly retard recovery or to taxes levied for the purpose of redistributing wealth or reducing fortunes. 'm- ocratic leader may himself be in opposi- tion to some of the other members of his party if he insists upon his present position in regard to taxes, for some of them are planning to hit hard the big- ger_incomes in the country. “Perhaps the greatest and most pressing legislative problem pertains to the method by which the deficit shall be overcome,” said the Democratic lead- er. “The subject is associated with numerous difficulties and requires some- what different treatment from that ‘which might be best applied in balanc« ing the budget during prosperous times. The initiative, of course, is upon the House of Representatives and every pos- sible effort will be made by the Demo- craty to deal with the subject in a spirit of justice and conciliation to every interest involved. “Such increases in taxation as are found necessary should be imposed, with due regard to the principle that the best way to secure laborers in their employment is to promote confidence by rejecting measures likely to discour- age investments in productive enter- prises. It is generally understood that there is a limit to the rate which may be imposed without discouraging invest- ment and production. “In order to avoid the levying of income surtax rates so high that they may be calculated to prolong the ex- isting depression, I recommend that consideration be given to the authori- zation of a bond issue sufficient in amount to cover that part of the deficit which is not overcome by increased revenues. Such an issue should be supported by provision of the law that would make it attractive. Interest rates are comnaratively low. It is, therefore, an onportune time to sell Government bonds, provided, of course, there are é)mper limitations as to amounts and assurance of prompt re- demption. Taxes Only for Revenue. o not be levied for the tributing wealth or but solely with the view of obtaining revenue. Taxation on any other prin- ciple la?ruuch‘ts confiscation.” Senator Robinson added that he rec- ognized the need of balancing the budget. He said that everybody talked about economy, but “no one practices it” and that there were constantly in- creasing demands for increased gov- ernmental expenditures, He said the Government wow.d be fortunate if ex- penditures are not increased. A caucus of Democratic Senators to discuss the legislative program of the coming session und matters of organi- zation, he said, would be held as soon as the Senators have returned to Wash- gton. Senator Robinson, a 11 t- tention to the fact tmn-l?rgfgn:u measures must arise in the House, said he believed that some tariff I tion doubitul® ek egiationeouid get lon become law. ~

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