Evening Star Newspaper, February 28, 1932, Page 2

ROAD RELIEF BIL | [¥orum Speater || . PASSED INHOUSE g~ $132,500,000 Measure Act- ‘ed Upon After Bitter Debate. Party Lines Broken. v i (Continued From First Page) DAVID BURNET. BURNET TO DISCUSS TAXES IN FORUM Commissioner of Internal Revenue to Be Interviewed Over Radio. An interview with David Burnet.| Commissioner of Internal Revenue, will | feature in the National Radio Forum program arranged by The Washington Star and broadcast over a coast-to- coast network of the National Broad- casting Co. tomorrow night at 10} o'clock. Oliver Owen Kuhn, managing editor of The Washington Star, and who presides over the forum broadcasts, will interview Mr. Burnet on the “Prob- lems and Policies of the Bureau of In- ternal Revenue.” During the course of this interview the commissioner will deal with such absorbing _topics “Taking the Bureau to the Taxpayers, “Advice on Preparing and Filing Re- turns," etc. M. Burnet is particularly well equip- ped to discuss questions touching on the work and aims of the Bureau of Internal Revenue. He has been com- missioner for & year and a half. He has risen from the ranks in the In- uardia, Leavitt, Loofbourow, Lovette. | cFadden, Maas, Manlove, Nelson of isconsin; Peavey, Pittinger, Schaefer, | Bchneider, Selvig, Simmons, Sinclair Bmith of Idaho; Strong of Pennsy vania; Summers, Swing, Taylor of | Yennessee; Turpin, Welch of Califor- | ia; White, Withrow, Wolcott, Woodruff if Michigan Democrats, 151. Abernesdy, Aligood, Almond, Arnold, Juf Der Heide, Bankhead, Barton. $land, Blanton, Bloom, Boland, Brand ©f Georgia, Browning, Buchanan, Bul- kle, Burch, Busby, Canfield, Cannon, twright, Chavez, Clark of North rolina, Collins, Condon, Cooper of ‘ennessee, Cox, Cross, Crosser, Crowe, ump, Davis, Delaney, Derouen, Dick- n, Dics, Dieterich, Disney, Domi- of Massachusetts, Doxey, 5 Driver, Eslick, Fernan- ez, Fiesinger, Fitzpatrick, Flannagan, Fullbright, Fuller, Fulmer, Gasque, Gil- bert, Glover, Green, Greenwood, Gre- gory, Griswold, Haines, Hall, Hancock | of North Carolina, Hare, Hastings, Hill of Alabama, Hill of Washington, Hor- | ner, Howard, Huddleston, Jeff John- gon’ of Missouri, Johnson of Oklahoma, | ‘Johnson of Texas, Karch, Keller, Kemp, XKerr, Kleberg, Kniffin, Lambeth, Lam- Teck, Lanham, Lankford of Georgia, rsen, Lea, Lewis, Lichtenwalner, inthicum, Lonergan, Lozier, McClintic f Oklahoma, McCormack, McDuffie, #McKeon, McMillan, McReynolds, Mc- iSwain, Major, Maloney, Mansfield, Mar- in of Oregon, May, Mead, Miller, Mit- hell, Milligan, Montague, ~Montet, oore of Kentucky, Morchead, Norton f Nebraska, Norton of New Jersey, liver of Alabama, Overton, Owen, Par- er of Georgia, Parks, Parsons, Pat- gerson, Polk, Pou, Prall, Rainey, Rams- ck, Rankin, Rayburn, Reilly, San- Wers of Texas, Sandlin, Shallenberger, Smith of Virginia, Smith of West Vir- g‘in!l, Spence, Steagall, Stevenson, tewart, Sutphin, Swank, Tagver, Tay lor of Colorado, Thomason, Warren Weaver, West, Whittington, Williams of Missouri, Williams of Texas, Wilson, ‘Wood of Georgia, Woodrum, Wright, Won. Farmer-Labor, 1. Kvale. Against Bill. Against passage of the bill—109. Republicans—96 Adkins, Allen, Andreson, Andrew of ‘Massachusetts, Andrews of New York, Bachmann, Bacon, Baldridge of Ne- braska, Beck, Beedy, Bolton, Brumm, Burdick, Burtness, Cable, Campbell of Iowa, Chindblom, Chiperfield, Christo- pherson, Clague, Clarke of New York, Cochran of Pennsylvania, Cole of Iowa, Cooper of Ohio, Culkin, Dallinger. Dar- row, Davenport, Dyer, Foss of Massa- chusetts, French, Garber, Gibson, Gif- ford, Gilchrist, Goodwin, Granata, Guyer, Ians, Hall of Illinois, Hancock of New York, Hess, Hoch, Hogg of In- diana, Hollister, Holmes, Hooper, Hope, Houston, Morton D. Hull, William E. ternal Revenue Service. He entered the buceau as an auditor 13 years ago. He was transferred to the fleld service in August 1919, as an internal revenue agent in Cincinnati, Ohio. Three years from the date he first entered the bureau, he was promoted to the posi- tion of Internal Revenue agent in charge of the Cincinnati division. When the agent in charge of Boston resigned | in February, 1929, Mr. Burnet was se- | lected or the Boston assignment. His advancement since has been rapid. He was brought to Washington and ap- pointed deputy commissioner in charge | of the Income Tax Unit on August 1./ 1929. Then the President appointed him Commissioner of Internal Revenue on August 20, 1930. In this position he, has under his jurisdiction nearly 12,000 | employes. Hull, Jenkins, Johnson of South Da- keta, Johnson of Washington, Kahn, Ketcham, Knutson, Lamberton, Lank- ford of Virginia, Luce, McGugin, Mc- Mapes, Marzin, Maas, Mich- ener, M: New York, Moore of ©Ohio, Nelson of Maine, Nolan, Parker of New York. Partridge, Purneil, Ram- er, Ransley, Reed of New York, Rob- Shott, Snow, Sparks, Stafford, ng of Kansas, Swanson, Swick, ‘hatcher, Thurston, Tilson, Timber- Iake, Tinkham, Treadway. Underhill, 'ason, Watson, Weeks, Whitley, Wig- esworth, Williamson, Wood of In- a2 and Wyant. Democrats—12. Ayres, Beam, Boehne of Indiana, @illen, 'Hart of Michigan. Jacobsen, Jones of Texas, Kelly of Illinois, Lar- gabee, Ludlow, Pettengill of Indiana #nd Schuetz | ° Pairs: For—Republican, Carden; Democrats, Ragon, Doughton, Vinson | Georgla, Fisher, Tierney, Granfield, | llier, Connery, Wingo, Rogers of New Hampehire and Goldsborough. Against: Republicans—Snell, Aldrich, gn&l Shreve, Wolfenden, Golder, | aber, Halley. McClintock of Ohio, Puckbee, Welsh of Pennsylvania, Con- | ATPort. his body pierced by eight steel’ - jacketed bullets and a half-smoked Rolly of Pennsylvania and Wallen. | cigor gl fast in his hand. /- TO BORROW $140,000 | _FOR RUNNING EXPENSES trouble.” That was all that was learned (Continued From First Page.) 2L . STon i L GANG ‘TRUCE’ BROKEN BY FOURTH SLAYING| Body of Reputed Beer Baron Found in Ditch Near Cleveland Airport. By the Associated Press. CLEVELAND, February 27.—Gang- land's reported “truce” was broken | again today by the fourth slaying in two days. The body of Charles Gentile, 26, de- scribed by police as a beer baron, was found in a ditch near the Cleveland about his movements until his body was discovered early today. Police said it was evident he had been “taken for a ride” by scme one he thought was a | friend. Gentile, according to detectives, was a member of the Lonardo faction, three | of whose members are sought for the | triple execution Thursday cf Raymond | and Rosario Porello, brothers, and thi henchman, Domenico Guell. For years the Porello and Lonardo factions have | engaged in a bloody strife fcr control of the corn sugar business. Frank Brancanto. believed by police to be the fourth vietim of Thursdays| gunfire, was still reported in a dying condition tonight, but refused to tell | how he was shot. | CAPITAL HITCH-HIKER KILLED IN INDIANA Henry 0. Skinner Identified After| Auto Crash by Army Dis- for $52.000 to retire bonds which ma- tured February 1. last. and meet the interest on school bonds and coupons due April 1 Of the $100,000 the county board will borrow, $20.000 will pay outstand- 4ng warrants, and another $20,000 will e used to take up an overdue note in mn Alexandria bank, the existence of ®hich was called to the attention of the county board several days ago. Ap- proximately $11,000, it was said, will be uired to meet the county pay roll— 37500 on March 1, and $3500 on! March 15. The vote of the board was preceded by a protracted discussion of the ad- visability of floating two loans, one for the county board and the other by the school board. Chairman Fellows su@gested that the school board borrow | the funds it needed from the county board instead of undertaking to negoti- st an independent loan. Common- wealth Attorney Lawrence Douglas pointed out, however, that such a pro- cedure would be illegal under Virginia | statutes, and declared the school board would have to borrow its own funds, Kemp Sketches Situation. Yrhe county board will borrow $100.000 for & period of 60 days ool board was authorized to tiate its $40,000 loan for 30 days. The seriousness of the school situa- tiap, due to the apparent lack of funds. was stressed by Fletcher Kemp, super- intendent. after Chairman De Lash- mutt of the school board, had requested the county board to authorize it to borrow $40,000 immediately. The school board, it was said, already had arranged to borrow its money from the Citizens' | National Bank of Alexandria, and need- | ed only the county board's authoriza-| tion to complete the loan negot De Lashmutt explained that § of .the $40,000 would be used immed! ately to meet current expenses. The pay roll March 1, he sald. will require $20,000. Interest on bonds which ma- tyred February 1, take $9.870. and the interest on other Xonds due March 1, will require $6,850, Jedving less than $4,000 to meet ordi- &ary operating expenses. Schools May Need More Money. The $40,000 loan to be negotiated im- and the additional $52,000 to be sought in the near future, Supt of Schools Kemp pointed out will Nn@ be suficient to finance the ool system through the remainder the current term. Unless the al- leged shortage In the school accounts is-made up and delinquent taxes col- Jesied by April 1. he said, the schools wpuld be forced to seek another loan. He estimated that the school budget for charge Papers. By the Associsted Pres: GREENFIELD, Ind. February 27.— | Henry O. Skinner of Washington, D. C., | a hitch-hiker, was killed when the au- | tomobile in which he was riding rammed a parked truck today near here today. He was identified by discharge papers | from the United States Army, issued at | Kelly Ficld, Tex., February 17, { 8 ding in the car driven | y Harold Bray of Indianapolls, who as critically injured Waldo Pitts of Dayton, Ohio, driver of the truck, sald two flat tires pre- vented his moving the vehicle from the highway. He was jailed for failure to show a drivers' or chauffers' license. | CRASHES lN'I:O POLICE CAR| Motorist Accused of Driving While Drunk and Without Permit. Everett W. White, 35, of the first| block of Bates street northeast, was charged with driving while drunk and without an operator's permit early to- | day after his automobile had crashed into a police scout car of No. 4 pre- cinct, at Fourth street and Pennsyl- vania avenue southeast ; ‘The running board of the scout car was broken, but no one was injured. It was occupied by Policemen R. C. Redding and R. V. Wolf. DEPUTY’S SLAYER GUILTY LEBANON, Va, February 21 (@)— McKinley Evans, Honaker iz“'n.l n’ofll?ce- man. who fatally wounded Deputy Sherin Henay” ¥ates i a pistor duel at Honaker December 26, 1931, was its The nego- now in default, will | member THE - SUNDAY STAR. WASHINGTON, CAPONE DUETO GO | TOPRIIN ATONEE Removal May Be Asked To- morrow as Court Upholds 11-Year Sentence. By the Associated Press. CHICAGO, February 27—"Scarface Al" Capone's 11-year sentence for in-| come tax evasion was sustained today | by the United States Circult Court of | Appeals. Thus the world’s most notorious | gengsier was brought nearer a prison | sentence, although it was on & book- keeping charge of tax violation rather than for any of the higher crimes charged to his regime of violence and murder. The decision in favor of the Govern- ment left the gang leader with only two faint rays of hope: A rehearing by the Appellate Court and a review by the United States Supreme Court. None of his underlings had succeeded in these final appeals. Capone, when the news reached him in his county jail cell, turned without & word and flung himself on a cot, his face out of visw. In Jail Since October 24. The burly gangster had been in the ail since October 24 when Fed- er Judge James H. Wilkerson gave him the stiffest penalty ever recorded rcome tax case, 11 years im- and $50,000 fine. ~ For four months he had been awaiting the out- come of the appeal and getting no credit on his sentence. ‘The Appellate Court, working rapidly, found no basis for Capone’s conter- ticn that the indictments against him were insufficient and that he had been deprived of his constitutional rights. On the contrary, the court found that the language of the indictments “fol- lows explicity the language of the statute” and that Judge Wilkerson made no error when he overruled the demurrer and motion in arrest of judgment filed by Capone’s counsel. Even if a slight mistake had been made in the wording of the indict- ments, the court held, the defect would be of a technical nature not affecting the substantial rights of the appellant Inconsistency Alleged. ' In arguing the appeal. Capone's at- torneys made no mention of the evi- dence brought up in his trial or_the sentence by Judge Wilkerson. Brief mention was made of an alleged in- consistency in the verdict, the jury finding gangster guilty counts and not guilty on 17. This was not referred to in the decision of the Appellate Court. The appellate court usually waits 20 days before ordering a defendant to prison, giving his attorneys time to file a petition for rehearing. It was an- nounced at the district attorney's of- fice, however, that “because of the un- usual nature of the case” the high court would be asked Monday to dis- solve the writ of supersedeas now hold- ing Capone in Chicago and to order his immediate removal to prison. Both of Capone’s attorneys were out of town today and the gangster's friends were kept at a safe distance from the county jail. Special Guard at Jail Yesterday the United States marshal placed & special guard at the jail be- | cause of rumors that Capone was still | in contact with his gang and might at- tempt & break for freedom. Although Capone's sentence specifies that he should be taken to Leaven- | worth, Kans., there was a possibility that the Government might take him to some other prison. In order to break up the concentration of Chicago gargsters at the Leavenworth Prison, the Government several months ago shifted Ralph Capone, Al's brother and helper, to & Federal penitentiary on the West Coast. the on five LEADERS PREDICT SENATE PROBE OF STOCK EXCHANGE | (Continued From First Page) | upon the interstate commerce clause of the Constitution, giving Congress the power to regulate interstate business. | or it might be based on the power of | Congress to levy an excise tax on sales of securities. Senators Capper of Kansas, Hast- ings of Delaware and Thomas of Okla- | homa, the first two being Republicans and the third a Demoecrat, have resolu- tions proposing investigations of short selling. Capper and Hastings attended the meeting of the committee today, but Senator Thomas Was unable to be present. He probably wiil appear to discuss his resolution when the com- mittee meets Tuesday. | It is the impression of Chairman| Norbeck that once the inquiry is under . a considerable number of wit- Sses will volunteer to appear before {ie committee. who will come to Wash- | ington without being subpoenaed, and | that once these witnesses have testified many others practically will be forced' to appear to give their side of the| 510! This does not mean, however, ! that subpoenas will not be issued for | a list of witnesses by the committee. | Indeed, it already has been indicated by Senator Walcott of Connecticut, a of the committee who has taken & lead in the present drive for| the investigation of short selling, that! he has a list of “bears” who have been instrumental in beating the mar- ket down. The Connecticut Senator was unable to attend the committee | meeting today, but he sent a statement which was read into the record by Chairman Norbeck. Waited Patiently, He Says. In this statement Senator Walcott sald: “Congress has waited patiently for a year for some action to be taken by the New York Stock Exchange to curb excessive short sales made for specula- tive purposes, but to date no effective regulations have been adopted, although | the president of the New York Stock | Exchange has been repeatedly urged | to act “If bear raids occured to check over- | speculation in a high market, or to offset the pyramiding of stocks, they | would serve some useful purpose, but the bears wait until the market is Ce- pressed by uncertainty and fear and then, as it approaches the bottom, they put on their - pressure, through false | rumors and depressing statements. | “The first duty of Congress clearly is | to find the culprits and determine the | extent of their operations and it is proposed to do this at once by holding open hearings before the Committee on Banking and Currency, commencing early next week." Political Angle Seen. In some quarters there is an inclina- tion to view the proposed investigation from a political angle. It is said, for example, by some of the Democrats that the administcation asked for a number of relief measures, including the $2,000,- 000,000 Reconstruction Finance Com- mission, and the Glass-Steagal bill to help the new finance commission. Hav- ing obtained this legislation and the stock market still showing signs of faling off after temporary gains, found guilty of first degree murder by a Russell County jury today and life- Heither of the loans wil be negotiated, [ time sentence in the penitentiary was 4§t was explained, until Charles T. Jesse, recommended. He is about 32 years ted to succeed Ball as treasurer, | Of age e5 on the $400,000 bond fixed by| EVans, who had testified that he 1l Jesse, however, expects to Shot Yates in self defense after Yates quality o gected ‘Monday, so no delay is #x- opened fire on him, heard the jury’s ‘zvmny employes. e veport without noticeable reaction, the remainder of the present term would afiount to approximately $170,000. these Democrats say the administration is asking that something be done to prevent any short sales or any sales that would tend to bring prices down. However, if a resolution calling for an investigation of the New York stock market is brought on the Senaté floor, 8s it is expected to be, thedpemocrats are not likely to be found it. Fate Plays Tricks As Motorist Dies, Another Is Saved By the Associated Press. CHICAGO, February 27—Fate played strange tricks with two motorists today. After ramming a telephone poll and knocking it down, Vernon Baker drove away uninjured. but was caught by a potor police- man and returned Yo the scene. He picked up one of the tangled wires and was electrocuted. Louis Wisener drove his ma- chine in front of a speedirg freight, which ground it in be- neath the wheels. The first force of the collision, however, knocked one of the sedan’s doors open and tossed Wisener through it to safety on a siding 40 feet away. 36 BURIED IN MINE ALL BELIFVED DEAD Hope Virtually Abandoned for Men Trapped by Virginia Explosion. By the Assoclated Press. POCAHONTAS, Va, February 27— Hope for the lives of 36 miners, trapped by an explosion in the Pocahontas Fuel Co.’s Bolssevain mine, virtually was abandoried tonight. Rescue squads battled in vain to reach the section where the workers were entombed early today. Gas and dust, however, forced them back, and Thomas Stockdale, West Virginia inspector, who headed the first rescue crew Into the mine, sald it was improbable any of the men would be found alive. Meanwhile, crowds, principally rela- tives of the entombed miners, milled about the mouth of the pit. Blast Believed “Local.” Little damage,was done in the sec- tions through which the rescue crews | passed. The explosion seemed to be “Jocal” in scope, and some of the miners escaped uninjured. Two of them came from the section where centered. There was mone among those who escaped who could give a detailed ac- count of what had occurred. The two who were in the basin main section, the affected region, said they were en- veloped by smoke. but they heard no explosion until later, as they fled to safety. One rescue squad penetrated a mile and a half into the workings before being forced back. Members estimated they came within a half mile of the seat of the expiosion. Company officials sald the mine was non-gaseous and expressed a belief the blast might have been caused by acci- dental Ignition of a quantity of blast- B. €, the . blast | FEBRUARY _ 28, 1932—PART OIE. HITLER ACCLAIMED |Predicts Election #~d Fall of Treaties That Have “De- graded” Ge -any. By the Associated Press BERLIN, Februa: —Adolf Hitler untry for 18 vears, | made his debut as a German citizen tonight by opening his campaign for the presidency of Germany before 15,000 frenzied Fascist followers that packed Berlin's Sports Palace. The Nazi leader promised that “No\'ember System” (the present | public) would fall, and with it the in- ternational treaties that had “humili- ated, degraded and made Germany ridiculous.” (Germany became a republic on No- vember 9, 1918, when the abdication of Kaiser Wilhelm was announced.) March will be a decisive month.” said the flery chieftain of the National Socialists, whose speech was interrupted time and time again by tremendous out- bursts of cheers and applause. Sees End of “Disgrace.” “The disgraceful pages fr 1932 will be torn out of our history, and the German people will not have started another revolution, but will have back what they have lost Declaring that the Nazis his=rival, President Paul | burg and wanted his in posterity, Hitler addre of warning to the vete “Old man,” he said hose behind you want to destroy you. You must | step aside. They want to fight and | we do, too.” | Hitler recalled a consultation 13 years |ago when he launched his movement with & handful of followers | “I was ridiculed and threatened, but | was successful,” he said There | a lot more at stake now than the pr dency—the end of the November s te | " “Thirteen years ago T was nameless ! Today I ask the German people to be my judge. The German President must be more than a defender of the consti- tution. He must be the defender of | the German people.” The German people would all be Nazis, Hitler said, if they were not misled by the press. the Te- honore: Hinden- spected words umben* ssed i i- | Outlines Achievements, | Summing up the accomplishments of his movement, he said it had fostered the now general attitude that payment of reparations must cease and the “war guilt lie” repudiated. “Butemost_important of all—we have given the German people new hope and confidence,” he said, while his audience wildly applauded. Chancellor Heinrich Bruening's emer- gency decrees, he said, were merely a temporary solution of Germany’s prob- lems and were characteristic of “the inefficiency and demoralizing influence of the present system.” “All the present government has to show is misery,” AG HE OPENS RACE contal it had increased from 35000 in 1913 to g pow dex probably 7.000,000 now, he asserted. Rescuer Overcome. One rescue worker was overcome. He | he declared. | back in an hour. was Lewis Ronciagilone, chief inspector of the Pocahontas Fuel Co. Brought from the mine he recovered quickly in the fresh air. The mine is one of the largest of the Pocahontas Fuel Co. It has been operating at half time. The men en- tombed were working on the night shift, when 50 men usually are em- ployed under the present schedule Four hundred men are engaged on the day ehift. PITTS-BOND SEARCH LEADS TO BANK BOX OF EX-JAIL CLERK (Continued From Pirst Page) _ fore at a gambling house in Maryland.” Miller said_he did not know who Mack was. When the bonds becam: due, Miller said, he took them to his bank for collection. The money for paying them off was on deposit in an- other bank, and he was told to ccme When he returned two internal revenue agents were there. | They took the bonds. The court will have to decide whether Miller acquired good title to the bonds when he won them. If so, they will be returned to him, According to the bill, the agents also took eight $500 bonds on the Riverside from Bernard G. Gould, 8081 Falkland drive, Silver Spring, Md. At Mr. Gould’s home it was sald he is now in Florida, Other items seized included $1.000 worth of bonds of the Republic of Peru The bill says they were found in a safety deposit box at the New Shore- ham Hotel, and have been claimed by H. O. Hart, who has been assoclated | with Pitts. “The lquor found in the Florida home belonging to Pitts was in a basement vault. It was item as follows Eleven Grayes dry select wine, 7 “Cruse” wine; 5 Bordeaux dry wine, 5 apricot brandy, 6 Jamaica rum, 16 Benedictine, 13 Cointreau, 38 creme de- menthe, 11 port wine, 11 8 St. Julien wine, 41 Gilbey’s dry gin, 4 Old Rariety whisky, 1 Old Hickory whisky, 16 Three ~Star nnessey brandy, 24 Red Cap wine, 30 Martini and 6 vermouth. It was not indicated whether the figures referred to bottles or_cases. The bill was filed by Attprney Har- ¥ H son F McConnell of the ' Bureau of nternal Revenue. Held for Richmond Probe. SAN DIEGO. Calif,, February 27 () —R. Nelson Matteson. 36, who, officers said, is wanted in Richmond, Va., on a charge of obtaining money under false pretenses from the Virginia | State Chamber of Commerce, was ar- rested here today and held for Rich- mond police. Baby Tanks (r)niparade in Honolulu MILITARY PROCESSION IN HONOR OF ADMIRAL SCHOFIELD, UMBLING over the parade grounds in & “y"” formation, these baby tanks were photographed as they paraded | by his physician, Dr. Stephen Chilian, on review at Schofield Barracks, Honolulu, of Admiral Prank H. Schofield, commander in chief | Who described the former sheriff’s con- of the United States fleet. erry wine, | Text of Lame Duck Bill Proposed Constitutional Amendment Finally Agreed Upon by Conferees Is Subject to Ratification by States. By the Associated Press. The text of the “lame duck™ proposed constitutional amendment, as finally agreed upon by conferees, follows: “That the following amendment to the Constitution be, and hereby is proposed to the States, to become valid as part of said Copstitution when rati- fied by the Legislatures of the several States as provided in the Constitution: “Section 1. The terms of the Presi- dent and Vice President shall end at noon on the 20th day of January and the terms of Senators and Representa- tives at noon on the 3d day of January of the year in which such terms would have ended if this article had not been ratified; and the terms of their suc- ssors shall then begin. 'Section 2. The Congress shall as- semble at least once in every year, and g shall begin at noon on of January, unless they v appoint a different day.| take effect on the 15th day of October | ction 3. If at the time fixed for the beginning of the term of the Presi- ent, the President-elect shall have died, the Vice President-elect shall be- come President. If a President shall not have been chosen before the time ced for the beginning of his term, or | if the President-elect shall have failed is | he sald. The “Reds” | LANE DUCK' BILL FINALLY ACCEPTED Accord in Congress Crowns | Nine-Year Efforts of Sen- ator Norris. By the Assoclated Press. After nine years of frustration, the | Norris censtitutional amendment abol- iching the “lame duck" session of Con- gress vesterday received the unani- mous approval of conferees of the House and Senate. Only formal acceptance of their re- port in both branches remained to complete congressional action and sub- mit to the States for ratification this | far-reaching measure designed to mod- |to qualify, then the Vice President- elect shall act as President until a President shall have qualified, and the Congress may by law provide for the | case wherein neither a_President-elect nor a Vice President-elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have | qualified. “Section 4. The Congress may by law provide for the case of the th of any of the persons from whom the House of Representatives may choose a President whenéver the right of choice | shall have devolved upon them, and for the case of the death of any of the | persons from whom choose a Vice President whenever the right of choice shall have devolved upon them. | “Section 5. Sections 1 and 2 shall following the ratification of this article. | | operative unless it shall | ratified as an amendment to the Con- stitution by the Legislatures of three- fourths of the several States within seven years from the date of its sub- missfol SEABURY'SCHARGE ANGERS RODSEVELT :Governor to Challenge Attack on Handling of Farley Investigation. By the Associated Press. ALBANY, N. Y., February 27.—Gov. Roosevelt will challenge Samuel Sea- | bury’s attack upon the executive's | handling of the removal of Sheriff | Thomas M. Farley and what was in- terpreted as criticism of Mr. Foosevelt's | other contacts with Tammany Hall. | Roosevelt was at his Hyde Park home today when he read of Seabury’s | speech at Cincinnati last night, in which he commented on the procedure | preceding the removal of Farley, a | Tammany leader. According to infor- the Senate may ! “Section 6. This article shall be in- have been | ernize methods of procedure inherited | mation received here. Mr. Roosevelt. al- from stagecoach days. though angered by Seabury's remarks, Smiling happily at the near attain- "“‘d';} to ignore them. Later, how- ment of his goal, the veteran Semator | §vr he, Changed his mind and decided George W Norris, Republican Inde- | wu« “axnected late tonight or tomor- pendent frorn Nebraska, said he ex- | bas CXPec pected the report would be approved | °% at both ends of the Capitol early next | week. Situation Complicated. Mr. Seabury's indictment of Tam- Complete Accord Reached. Complete accord on differences in | further complicate the Democratic many and his allusions to Roosevelt the measure as it passed the two houses was reached when the Senate “We will smash chaos by the fist," | representatives agreed that the amend- | ment should fail to take effect unless Hitler concluded with an appeal for | ratified within seven years by the re- the utmost sacrifice. “I believe our fight will receive the blessing it deserves,” he said. “Thirteen years of sacrifice and toil cannot hav been in vain.” i RIVAL OPENS CAMPAIGN. Duesterberg Cheered by Cologne Address, COLOGNE. Germany. February 27 () .—Adolf Hitler's rival, Theodore Duesterberg, opened ris presidential campaign here tonight on the Nation- alist and “Steel Helmet" (was veterans) ticket before an enthusiastic audience of 15.000. “Ruined Germany,” he said, “could not possibly resume payments of rep- arations.” Germany demanded freedom to arm and defend itself against threatened forelgn aggression, he adaed. He urged the necessity for the father- land to put its own economic system on a proper footing before committing 15,000 In itself to international economic engage- | ments. He also advocated one year's civilian service on public utility works for all young German men and women | LA FON_TAAIRE FRVEEA AFTER SHORT TERM FOR EVADING TAXES _(Continued From First Page.) after the gambler pleaded guilty in the United States District Court. The order which liberated the 63- year-old gambler was issued after Dr Hugh H. Young and Dr. Warren H Hoak. physicians attached to the Fed eral Courts, had examined him and re- ported on his physical condition Dr. Hoak said he confirmed Dr Young's Teport that the prisoner was in need of a specialist's treatment for heart and other allments, such treat- ment being unavailable to him while he was in jail. Judge Chesnut's order took the form of a modification of sentence, which reduced the jail term from nine months to 56 _days. La Fontaine began serving his sen- tence on January 2, Judge Chestnut having deferred the serving cf the term to permit the defendant to spend Christmas with two small nieces whom he had raised The gambler was charged with eva- | sion of an income tax payment in 1926 | of $11,622.62. When arraigned on the charge. La Fontaine informed the court that he had settled the Govern- ment’s civil claim against him by a payment of more than $200,000. When he pleaded guiity to the charge La Fontaine admitted that he operated a gambling establishment on the Bla- densburg road, just outside of Wash- ington. Hawall, In nfior | from | whipped | quired 36 States At the same time the House confer- ees withdrew from their contenticn that before any State legislature could | ratify it, at least one of its branches | must Fave been elected after the sub- | mission of the amendment | Foremost among the provisions of the measure is elimination of the “short session” of Congress, at which “lam2 duck” members, defeated at the polls the previous November, continue to legislate from the first Monday in De- cember until March 4. Instead Congress would assemble each year on January 3, its new mem- bers taking office 2 months after their election instead of waiting 13 months as is now the case. It would continue in session as long as neces- sary to finish its work. The long wait between the election and the convening of Congress, which wa€f necessary in the days of horse transportation, s seen by proponents of the amendment as no longer required in an era of telegraph, radio, railroad and airplane. Urged Ever Since 1923 Ever since 1923 Senator Norris has been urging this contention in support of the measure and six times previously he has gotten it through the Senate only to have it fail in the House. Last session the House passed a substitute but it differed so greatly that conferees could reach no agreement. The Nebraskan pronounced himself well satisfied with the measure as into final shape and signed by the representatives of both Houses vesterday after several days of confer- ring around a long table in a smoke- filied room In addition to setting January 3 for the assembling of Congress and the be- ginning of the terms of its members, the amendment would have the terms of the President and Vice President be- gin on January 20. instead of March 4. The conferees upon the dates. A section designed to provide a con- stitutional method for filling the place of the President-elect and Vice Presi- dent-elect in case of their death before taking office, was re-written to embrace ideas contained in both the House and te versions. As agreed upon, the Vice President-elect “would serve as President should the latter die before his inauguration, Two Die in Fight Over Woman. SHAWNEE, Okla. February 27 (#). —_Ben Young and Eerl Pendley, both of Shawnee, shot each other to death today after an argument in the home of Pendley’s former wife. Officers s the quarrel resulted Pendley’s renewed _attentions toward his former wife. Pendley fired the first shot, which struck Young in the chest. The latter returned the fire before he fell, five bullets striking Pendley. Young received three wounds. | the best way | presidential nomination situation, if it is to be taken, as some observers con- sider, a bid for party nomination. Roosevelt is an avowed candidate and | former Gov. Smith is a receptive can- didate. Smith is a Tammany man. | Roosevelt is not State Senator John J. Dunnigan, ‘Tammany spokesman House of the Legislature, said Mr. Sea- bury's Cincinnati speech “unmasked him,” declaring his expressions of | moral indignation have never been “on the level” Assemblyman Louis A Cuvillier, a veteran Tammany legis- to make trouble” for both Gov. Roose- velt and Mr. Smith. The Governor was reported particu- larly incensed at Judge Seabury's | declaration “I myself filed charges | (against Sheriff Farley) before the Governor, and after two months’ delay we got some action.” Mr. Roosevelt held a public hearing | before ousting Farley. Nettled by Seabury. Before the hearing the Governor was reported nettled by Judge Seabury's efforts to prod him into action before he had the complete record of the Sea- bury charges and the Hofstadter Com- mittee investigation. Seabury is counsel to the Hoftstadter legislative body. During the hearing he several times interrupted Seabury when he consid- ered his remarks _extraneous. | Roosevelt and Seabury, an unsuccess- ful Democratic governorship candidate | in 1916, never were close political com- | panions, although it was the Governor who first injected the former Court of Appeals judge into the New York in- vestigation. Mr. Roosevelt recommended Seabury to the Appellate Division of the Su- preme Court in 1929, and he was named to investigate the magistrates’ courts in Manhattan after evidences of graft had been found. Later the Governor named Judge Seabury as his commis- sioner in the investigation of District Attorney Thomas C. T. Crain. The Republican majority of the legis- lative investigators employed him as counsel to the Hoftstadter Committee. SEABURY RETICENT. | = = T Refuses to Comment on Claim He Seeks Presidency. CINCINNATI, Ohio, February 27 (#) ~Judge Samuel Seabury, New Yark, in an interview late today refused to com- ment on reports that listeners to his radio address last night interpreted his remarks as indic:tive of his candidacy for the Democratic presidential nom- ination. Judge Seabury would not reply to direct questions asking him if he op- posed Gov Rooszvelt. Neither would he say whether he would seek the presidential nomination or that of mayor of New York Ignoring direct replies, Judge Sea- bury said “the sole purpose of my speech here last night was to aid and promote the important work we are attempting to do in New York City." “My purpos: is simply to limit the influence and power of Tammany Hall. “I do want to get action and I feel to weaken Tammany Hall is to weaken its influence outside New York City. “I named no name in my speech last night. but if anybody wants the head to fit the cap I have woven he may do so.” The judge made the comment after compromised to agree | an address at the Optimists Club, at| which he requested all newspaper men be barred FARLEY QUITS HOSPITAL AS PRIVATE CITIZEN Recovered From Burns Suffered in Fall During Inves- tigation. | recent years having failed «—A. P. Photo. By the Associated Press. NEW YORK, February 27.—Thomas M. Farley, sheriff of New York County when he entered Flower Hospital on February 18, left there today a private citizen. He was removed from office by Gov. Franklin D. Rcosevelt this week, his explanation of large bank deposits in to_satisfy the Government. The night he fin- ished his testimony Farley entered the hospital for treatment for burns suf- fered when he fell against a radiator in_his home several days earlier. Farley left the hospital accompanied dition as “fine) Farley declined to talk to reporters. in the Upper lator, said, “Judge Seabury has set out i | REORGANIZAGPLAN LOSTBYDEMGRATS Fight Continues as Commit- tee Fails to Approve War- Navy Bill. | | B7 the Associated Press. House Democrats trying to cut ex- penses by consolidating Government ac- tyities met a setback yesterday but stuck to their plans for a thorough study of superfluous executive machin- ery and renewed a charge that the cab- inet was not co-operating. Before the Expenditures Committes adjourned without approving the Dem- ocratic-sponsored bill to merge the War and Navy Departments, Chairman | Byrns of the Special Economy Commit- tee said he had asked 21l members of the cabinet for suggestions as to what activities could be eliminated. Letter Made Public. ‘Then, Secretary Mills made public | letter to Chairman Cochran of the Ex- penditures Committee insisting that “any fallure to co-operate will not be flue[ to any action or attitude on eur part.” Cochran retorted: “The President has suggested an administrator of public works and a personnel administrator. If Mr. Mills or any other member of the cabinet will Jet me know what Government agencies the President de- sires in these set-ups I will then cer- { tainly announce that the Government | depariments are co-operating with the Congress.” Cochran granted that in two letters he had received from Mills the Treas- ury Secretary had said that in so far as proposed consolidation legislation “conforms to the President’s recommen- dation, it has the approval of this dee partment.” “Mr. Mills tells the committee he wants it to do exactly as the President requests,” Cochran b “The Congress has a responsibility as well as the President, and an agency of the Congress is trying to get the Executive Department's assistance to bring about proper legislation to consolidate and co+ ordinate Government activities.” The difficulty, the Missouri Democrat explained, is that no cabinet member has explained what portions of proposed measures do noct conform to the recom= mendations Mr. Hoover made In & spe< cial message to Congress February 17. Sees No Indefinite Delay. Cochran disagreed with the view of some members of the Expenditures Committee that yesterday’s refusal to approve the War-Navy bill meant the legislation had been indefinitely de- 2yed. Although the committee did not set a date for further consideration, he rea iterated the belief that the measure would be approved and presented to the House. Opposition to the legislation cen- tered around a phrase that would give the President authority to consolidate, eliminate or redistribute the functions of agencies “by rules and regulations not inconsistent with law." ‘They held the belief this would pers mit the President, among other to transfer rivers and harbors work, which has been done by Army engis neers for many years. Cochran and Demoerats who sponsor the consolidation contend the Chief Executive would be compelled to ask congressional authority to change any larguuntion specifically authorized by aw. ROBBER SLAIN IN UTAH HAD BALTIMORE RECORD Identified 'by Fingerprints James Miller, Who Served Two Terms There. | as By the Associated Press. SALT LAKE CITY, PFebruary 27.—A man shot and killed by city detectives while robbing a safe in & buj.ntss estab- lishment here last night was identified today through his finger-prints as James Miller, 35, with a long criminal record in Baltimore, Md, and else- where. Police records show that Miller, under various aliases, served two teérms In Baltimore in 1914 and 1917 for criminal attack and for robbery, was sentenced to Atlanta Penitentiary from Baltimore in 1921 on a mail robbery charge, sery- ing two years, and was sentenced from Kalispell, Mont., to the Montana Peni- tentiary for robbery. He had also served jai terms in Butte, Spokane, Wash., and Utah cities. COBLENTZ AND OTHERS INDICTED IN FAILURE OF MARYLAND BANKS (Continued. From First Page) the investigation of the bank here had not been completed with the return of the indictments. and that it would carried on by the incoming jury. The Central Trust Co. was closed last September 3, and its 11 branches in Frederick, Washington, Montgomery, Howard and Carroll Countles were closed with it. The grand juries of the other counties have been investigating, but none has acted as yet. After the closing Coblentz attributed | the collapse to shrinkage of values of the bank's investments, coupled with “unfavorable publicity” received by him in connection with the failure of the |F. H. Smith Co, Washington invest- ment concern. INDICTMENT PENDING HERE. Coblentz Accused of Aiding in Com- mission of Perjury in Distriet, Coblentz was indicted here for id- ing in the commission of perjury” in connection with the F. Hy, Smith Co. case., This indictment is srfll pending. At the trial of contempt charges against G. Bryan Pitts, former head of the Smith Co., Coblentz admitted he had used several different pens and different colored inks on one occasion in signing a number of authorizations for_Pitts. These authorizations were later in- troduced in court by Pitts in an at- tempt to show he was legally entitied to money the Government claimed he had embezzled. Despite this testimony, he was convicted. The authorizations later formed the basis of the perjury indictment. the Government claiming they were spuri- ous and that they had been deliberately ‘manufactured” by Pitts and some of his associates. LENTEN SERVICES NEW YORK AVENUE PRESBYTERIAN CHURCH Daily, Except Saturday and Sunday Noon to 1 O'Clock Speaker Tomorrow= DR. W. 8. ABERNETHY Pastor Calvary Baptist Church