Evening Star Newspaper, October 3, 1932, Page 2

2.1 _A=2 CONVICTS T0 BARE SWEAT BOX DEATH 15 “File Into Court Under Guard to Testify in Prison Tragedy. By the Associated Press. JACKSONVILLE, Fla, October 3.— Fifteen eonvicts wearing prison stripes and flanked by guards filed into court here today to testify in the trial of two former prison guards charged with murdering Arthur Maillefert of Westfield, N. J, in a penal camp sweat box. They were taken to a room over the court chamber pending summons to tie witness stand. Selection of the jury to try George | W. Courson, a former captain of the juards, and former igginbotham - dragged ning session of court. Malillefert, 22, serving a 9-year term r robbery, was strangled to death in e sweal box at the Sunbeam Camp ith his neck chained to a rafter and s feet encased in heavy stocks. through the < Jury Not Complete. ¥ Completion of the jury probably will fot be finished until lafe today or to- shorrow. The State has 10 peremptory &allenges and the defense 10 for each @efendar: None of the challenges had been exercised when the noon recess was taken. Fuller Warren, attorney for Higgin- botham, showed Judge George Couper Gibbs an anonymous letter. postmarked East_Liverpco!. Ohie, recently received by Courson and Higginbotham, which threatened thoir lives. The letter, dated July 17, states the defendants’ “lights” would be “put out” during the trial. Warren asked the coutt_to appoint special guards to es- cort Courson and Higginbotham to and from the court room Judge Gibbs refused to appoint the guard and suggested Warren turn the letter over to Federal authorities for nvestigation Upon suggestion by Warren ard C. A. Avriett of Jasper. attorney for Courson, | Judge Gibbs questioned the defendants | and declared them ine-lvent. The court ordered that defense costs in the trial be borne by al County, Defendants’ Interest Passive. Courson, tall and heavy set. and Hig- ginbotham, a short black-thatched man, | sat beside their counsel during the pro- | cecdings and took only a passive in- terest. The State contends the death of Maillefert was premeditated by Courson and Higginbotham when the youth was placed in the sweat box. Maiilefert had made scveral attempts to escape. Courson and Higginbotham contend the yeuth committed suicide and de- clared on several occasions he told them he would rather die than finish serving his séntence. State Attorney Charles M. Durrance, aided by Sam B. Wilson, assistant, is prosecuting the case. MASSIE CASE PROBE FINDINGS DUE SOON Governor of Hawaii Confers With Private Detectives Investigating Ala Moana Assault. By the Associated Press. NEW YORK, October 3.—Gov. Law- renice M. Judd of Hawaii and John C. Kelley, public prosecutor of Honolulu, ‘went into conference today with officials Guard Solomon | Forum Speaker & GEORGE OTIS SMITH. U. . POWER CHIEF TOTALK ON FORUM Dr. Smith, Commission Head, Will Discuss Vital Issue Tonight. George Otis Smith, chairman of the Federal Power Commission, which ad- ministers the valuable water power re- sources of the Government, tonight will speak cn “America’'s Power Problems” in the National Radio Forum, arranged by The Star and broadcast over the coast-to-coast network of the National Broadcasting Co. The address will be at 8:30 o'clock, Eastern standard time, and will be| heard here through WRC. portantly in public discussion, the ap- pearance in the forum of Dr. Smith, an authority on the subject. is of particu- lar interest. He will treat the issue both from the standpoint of consumer and investor. and with particular reference to regulation. In this latter connection the commission recently attracted at- tention with a ccmprehensive study on power utility holding companies oper- ating Government-licensed projects, for which it recommended strict Govern- ment supervision. Dr. Smith has headed the Power Commission since it was reorgahized as an independent agency cf the Gov- ernment, two years ago. Prior to that he was for many years head of the Geological Survey. MISTRIAL IN DAVIS CASE DECLARED ON JUROR MISCONDUCT (Continued From First Page) stand. When the alternate was called, the court discovered there was an error and that he should have named juror 13 instead of 14. He was Weintraub, & broker of 1235 Park avenue. Weintraub denied the assertion that he had eaid any of the witnesses were | lying. He said he did comment that some of the witnesses were funny and that he did make comments on some of a private detective agency which has | been conducting an investigation into | the case of four Hawaiians accused of | assaulting Mrs. Thomas H. Massie at Ala Moana & year ago. { The investigation was financed by | Goy. Judd from the contingent funds of Hawaii and was begun shortly after | Lieut. Massie, naval officer and husband of the victim of the assault; Mrs. Gran- ville R. Fortescue. his mother-in-law and two Navy inlisted men were con- victed of manslaughter in the killing of Joseph Kahahawa, the fifth native ac- cused in the case. 1 Gov. Judd said no official statement of the result would be made before to-| mortow morning. FLEEING BANDIT SHOT, FOUR OF POSSE HURT! By the Associated Press FLINT, MICH., October 3.—A bandit was shot and probably fatally wounded and four members of a posse were | wounded by the accidental discharge of | a shotgun today during a mile-long run- | ning gun fight on the outskirts of this city. The bandit, unidentified. was shot as | he sped in his automobile along the highway after returning the fire of State police, who had been advised by | radio of his approach. His car careened into a telephone pole and was demol- ished The four persons were wounded when James Smith, State police officer, picked up his shotgun from the pavement near the wrecked car. The gun discharged, wounding Patrolman Herbert Fitzger- ald, 35. Joseph Gilbert, 20; Steve| Vargo, 22, and Cyriel Hoornaert, 42! None, physiclans said, was seriously in- | Jured The bandit was sought for a series of Junch stand and garage hold-ups on the highway between Pontiac and Flint. - SHOOTS SELF IN COURT Mecklenburg County Treasurer Is Held a Suicide. CHARLOTTE. N. C., October 3 (#).— S. E. Cornwell, treasurer of Mecklenburg County, shot himself to death in the court house here today. Coroner Frank Hovis said the shooting was a clear case of suicide. No motive was immediately advanced either by Hovis or by {riends ot Cornwell. ADMIRAL LAND ON DUTY Succeeds Rock as Chief of Con- struction and Repair Bureau. Rear Admiral Emory S. Land, who was promoted to succeed Rear Admiral George H. Rock on the latter's retire- ment Saturday as the Navy's chief con- structor, began his new duties today as chief of the Bureau of Construction and Repalr. Admiral Land was ele- vated from the rank of captain when he became chief constructor and for- merly was head of the Division of Plans and Estimates in the office of naval operations. HELD IN GINGER CASE BOSTON, October 3 (#).—Max Reis- man of Boston, accompanied by coun- | sel. today surrendered to the Federal authorities on a fugitive warrant from Wichita, Kans., where he and two other Boston men were indicted charged with the illegal sale and transportation of a ginger extract. He pleaded not guilty and was held for a hearing October 10. | never neard Weintraub make any com- | of the attorneys. The other jurors were then called to tie stand and asked if they had heard Weintraub making any comments on the cvidence. The firsi five had not. Judge Coleman himself questioned all of the witnesses. Moore sat in the witness box with his eyes glued to the floor Charles H. Bowen, juror No. 14, who had been erroneously named by the court, was called. He said he had: men Decides to Testify. At this point Moore decided he want- | ed to testlfy Tell me anything you want to tell said the court In a cracked, swore that Weintraub other jurors lying. mi told him and | that the witnesses were At a time when power ranks im-| | forced to haul freight at lower. rates| nervous veice, Moore |’ | Constitution THE EVENING STAR, WASHINGTON, D. C. MONDAY, OCTOBER 3, 1932. ISAWAITEDBY U.S. Testimony From Heads of Utilities Groups Needed to Unravel Accounts. By the Assoclated Press. CHICAGO, October 3—Federal and State inquisitorial forces, who were searching the labyrinth of the fallen Insull* Utilities kingdom for possible nooks, today paused in the hope that three of the organization’s dictators might guide their steps. . Pedetal Judge Walter C. Lindley, act- ing upon the request of creditors of the bankrupt Insull Utilities Invest- ments., In nd Corporation Securities, Inc, has asked Samuel Insull, jr., to return from Paris for questioning con- cerning an impending bankruptey hear- ing against the Investment concerns. State’s Attorney John A. Swanson awaited replies from Samuel and Mar- tin Insull, whoee “voluntary return” he requested Saturday. Samuel is in Paris and Martin in Ontario. Expected to Return. Judge Lindley sald he had been as- sured by James Simpson. who succeed- ed Samuel Insull as chairman of the boards of two Illinois utilities, that Samuel, jr., would return without is- suance of a subpoenas A hearing to dgiscover assets of the defunct com-_ panies was continued until October 11. Judge Lindley said it was necessary to “question Mr. Insull about certain matters relating to the companies.” The cables were dispatched after Swanson said he had obtained evidence that checks of the Insull holding con- cern, the Middle West Utilities Co., were juggled to cover up the fact that funds of the organization were used to protect Martin Insull's private bro- kerage accounts. Bank Paid Brokers. The evidence, according to Swanson, shows that, instead of the Middle West Co. making direct payments to Jackson Bros. & Bossel Co, Martin Insull's brokers, the money was first forwarded to a bank after some arrangement was made in conference. Then the bank sent its own checks to the brokeiage firm with instruction that the money be applied to Martin Insulls trading account In this way, Swanson said, the In- sulls were able to conceal the use of utility company funds ip stock trading. Two specific instances of such practices were discovered, Swanson said. involy- ing the payment of $66.000. Requisitions bearing _the _personal | 0. K. of Samuel Insull were turned over to Swanson by Auditor John J Bailey and an assistant State’s attor- ney, following which the State's attor- ney sent the following cable to Samuel ull in Paris ‘Revelations _concerning your various companies disclosed by my investigation make it imperative that you return to Chicago immediately for questioning. Advise by cable if you will return volun- tarily.” Swanson refused to indicate what steps he planned in event the Insulls refused to return voluntarily. “We will cross that bridge when we come to it,” he said. ASKS 1. C. C. TO VOID STATE'S RAIL LAW Examinér Urges Invalidation of Pennsylvania Long and Short Haul Provision. By the Assoclated Press Howard Hosmer, an’ exan.ner, today | recommended that the Interktate Com- merce Ccmmission declare inoperative the long and short haul freight pro- vision in the Pennsylvania State Con- stitution. He found that railroads are being | within Pennsylvenia than between in-| terstate points oi similar distances. Inserted in 1873. The provision was inserted in the in 1873, when Pennsyl- vania's last basic law was adopted. All of the other jurors had contra- dicted this. “I find that the inference abouf juror No. 13 is unjustified.” Judge Cole man said when Moore finished his t tifying. “He is completely exonerated.” “To juror 7. conduct was improper. moment it was not evil or mercenary. | 1t was in direct violation of my detailed | Of the Btate Is that the provision 15 not | instructions to you. A 10-year-old school child must have understood those instructions. improper. It wasted two weeks of the court’s time. “Great injury has been done to the defendant and to the Government. It necessitates the defendant standing trial again. “I will adionrn at this time and give you opporunity to see if you desire counsel “There must be a warning to all! jurors,” shouted the court, “that in-| structions are to be obeved.” Moore quoted Weintraub as saying: | “Why den’t the witness tell the truth? We all know that Senator Davis— “Who did he say this to?" asked the court “To six or eight cut in the hallwa the juror answered. “After the priest (John J. Laffey) testified, he said ‘they're all the same.’ " “Who said that, Weintraub?" court asked. Moore pointed to Weintraub. ““Another time,” he continued, “Wein- | traub said, ‘After this case we're all going to be Loyal Order of Mooses.’ " Moore told the court he did not want | to testify further and he declined to explain his visit to Margiotti The priest testified last Friday. He is Catholic chaplain at Mooseheart, the children’s center operated by the Moose | order. Through him the defense sought evidence to corroborate its contention that although Davis accepted a $150,000 check for Mooseheart from the Moose | propagation cepartment at a luncheon on January 3, 1931, there was nothing to indicate the Senator knew the money | came from an alleged lottery. the YOUNGVINSULL IN ENGLAND Says He Knows Nothing of Plan to Buy Estate. LIVERPOOL. England, October 3 (#) —samuel Insull, jr., son of the for- mer public utilities ‘magnate of Chi-| cago, said today when he arrived here on the way to Paris to see his father that he knew nothing of Mr. Insull's plans for the future. He said he had heard nothing to substantiate a report in America that his father had bought a large estate in England near Reading. He will return to Chicago next month. Mine Conference to Resume. NEW YORK, October 3 (#).—A con- ference of officials of the United Mine | vision,” said the examiner, “is a vestige {of a form of railroad regulation which - | vania Constitution was adopted, but has Mr. Moore, 1 find his| it may have had half a century or sore I'find at the BEC Your conduct was highly | motion. | provision should be held inapplicable to | Rogers, |had combined pleasure with business | Workers of America and anthracite op- erators who seek a wage reduction was to be resumed here tomorrow. It has The arrest was the result of a Fed- gral investigation of a number of cases f death:and paralysis in the West F Py drinking a ginger extract. been considered likely that the matter under discussion will be submitted to & two-man board of conciliation for & de- cision soon. . # ! stuft Rogers had consumed was enough “This particular constitutional pro- | flourished in 1873 when the Pennsyl- long since outlived whatever usefulness | He said the attitude ot the shippers necessary and the process of repealing | the provision already has been set in | Approved by One Legislature. Under Pennsylvania law, constitu- tional amendments must pass two suc- cessive Legislatures and then be sub- mitted to popular vote, A proposition to repeal the long and short haul pro- vision has been approved by one Legis- lature. He also said that three of the State Supreme Court justices, including the chief justice, are of the view that the present conditions. This is the first time in the al- most half century the Interstate Com- merce Commission has been in exist- ence that a State regulation brought into issue is a constitutional provision. Sl POLICE CLEAR INFORMER HELD ON DRUNK CHARGE Liquor Squad Informs Court He Had “Two Drinks While in Line of Duty.” at first feared that Walter 28-year-old police informer, It wa: vhen he was arrested on a charge of intoxication Friday, but his record was kept clear when friends on the police ! liquor squad came to his rescue y. Rogers was arrested on Ninth street near & place where he had been sent to make a “buy” preparatory to a raid. Policeman H. B. Rector, second pre- cinct, unaware of Rogers’ occupation, locked him up. The following morning Rogers col- lapsed in Police Court and was taken to Gallinger Hospital. where a physician discovered he had been drinking un- usually bad liquor. The doctor was quoted as saying & small amount of the to make any one ill When members of the liquor squad informed court attaches that Rogers had had “two drinks while in line of duty” no papers were issued in the case. DONALD FREEMAN DIES Editor of Vanity Fair Magazine Was Injured in Auto Accident. MOUNT KISCO, N. Y., October 3 (’).—An automobile accident has ended the career of Donald Freemsn, socially prominent editor of the magazine Van- ity Fair. Preeman, who was 30 and lived in New York City, hit a beacon light Saturday night. Hevdied last night. - ! present regime cannot be considered to {the commissioners, IRETURN OF INSULLS |TOKID MANCHURIAN POLIY CONDENNED Autonomous Special Regime for Chinese Inhabitants Is Proposed. ___(Continued From First Page) clear,” they report, “that the indepen- dence movement which had never been heard of in Manchuria before Septem- ber, 1931, was only made possible by the trenem-e of the Japanese troops. . . . It also clear that the Japanese general staff realized from the t . .. the use which could be made of such an au- tonomy movement. “In consequence they provided assist- ance and gave direction to the organ- izers of the movement. The evidence received from all sources has satisfied the commission that, while there were 4 number of factors which contributed to the creation of “Manchukuo,” the two which, in combination were most effective, and without which the new state could hot have been formed, were the presence of Japanese troops and the activities of Japanese officials, both civil and military. For this reason, the have been called into existence by & genuine and spontaneous independence movement.” Japanese Assertion Refuted. ‘Thus the Japanese assertion that “the administration which has been substi- tuted for that of China in the three provinces is justified on the grounds that its establishment was the act of the local population who, by a spon- taneous assertion of their independence, have severed all connection with China and established their own government’ is emphatically refuted by the five League comimnissioners. But, beside their factual observation, they go further and report to the League that “it is a fact that without a declaration of war a large area of what was indisputably Chinese territory has been forcibly seized and occupied by the armed forces of Japan, and has in consequence of this cperation been sepa- rated from and declared independent of the rest of China.” This is probably the most forceful condemnation of the Japanese activities in Manchuria, because, while the com- missioners find certain attenuating ¢ cumstances for the Jabanese interven- tion in Manchuria early in September, on account of the chaotic conditions Which prevailed in the three provinces due to the slackness of the Chinese ad- ministration, they cannot find & single excuse for the setting up of the Man- chukuo state. “Independence” Not Recognized. Even the argument frequently put rorward by the Japanese that Manchuria | as no longer a part of China because under the rule of the two Marshals Chang it did not recognize the authority of the central government of China, finds no sympathy with the commis- sioners. In their report to the League they say: “The independence declared by Marshal Chang-Tso-Lin at different times never meant that the people of Manchuria wished to be separated from China. His armies did not ifivade China as if it were a forelgn country. but merely as participants to the civil war. ‘Through all its wars and periods of ‘independence.’ therefore, Manchuria remained an integral part of China Of course the Chinese themselves do not come out entirely blameless in the | report of the commissioners of the League. Japan has very large interests in China. She has invested more money in Manchuria than any other countty in the world and the weakness, the un- reliability of the ever-changing Chinese governments endangered these invest- ments. Her people, who have been trading in all parts of China and pro- moted not only Japanese but also in- ‘ernational trade, were {requently suffer- | ing at the hands of a corrupt and in-; efficient Chinese administration. After September 19. when the Japanese troops began the conguest of Manthuria, in- nocent Japanese traders in various parts f China suffered severely by the boycott instigated by the Kuomintang and sup- | ported by the Chinese government and ; the Chinese local authorities. Boycott Is Condemned. “The various boycott movements,” say | “and the present one in particular, have seriously affected Sino-Japanese relations, both a material and in a psychological sense. « + Anyway there is no doubt that the boycott has been amongst the causes which have profoundly embittered the relations between China and Japan in recent years.” After surveying the different phases of the boycott and the reciprocal rrmic interests of China and Japan, the commissioners venture the follow- ing opinion: “The interdependence of the trade of these two neighboring countries and the interests of both call for an economic rapprochement. but there can be no such rapprochement so long as the politicAl relations between them are so unsatisfactory as to call forth the use of military force by one and the economic force of the boycott by the other.” Present Regime Opposed. The commission is not of the opin- fon that Manchuria should be returned unconditionally to China. But neither is the commission of the opihion that the present regime in Manchuria can be recognized “The maintenance and recognition of the present regime in Manchuria,” the report says, ould be unsatisfactory. Such a solution does not appear to us compatible with the fundamental principles of existing in- ternational obligations nor with the good understanding between the two countries upon which peace in the Far East depends. It is opposed to the interests of China, it disregards the wishes of the ple of Manchuria and cannot ultimately serve the permanent interests of Japan."” This being the case, the commission- ers have their own solution, which they have submitted to the League of Na- tions for consideration. This solution is an autonomy of Manchuria without, however, jeopardiz- ing the chances of that province becom- ing in effect reunited to China when the present process of evolution of that vast country is ended. “A satisfactory regime for the future might be evolved out of the present one without any violent change” Solution Stated. This_solution is explained in para- graph 7 of the commission's conclusions, anlfreld.u as follows: “The government in Manchuria should be modified in such a way as to secure, consistently with the sovereignty and administrative integtity of China, a large measure of autonomy designed to meet the local conditions and special characteristics of the three provinces. The new civil regime must be so constituted and con- ducted as to satisfy the essential re- quirements 6f good government. The internal order of the country should be secured by an effective local gend- armerie force, and security against ex- ternal aggression should be provided by the withdrawal of all armed forces other than gendarmerle and by the conciusion of & non-aggression treaty between the countries interested.” In ordér to reach this goal the com- mission urges that the d ons be- tween the litigant powers should be embodied in four separate instruments: 1. A declaration by the government of China constituting & special admin- istration for the three eastern prov- inces in the terms recommended by the advisory confefence. 2, A Sino-Japanese treaty dealing terests. with J-gnn e interests. 3. A Sinc-Japinese treaty of concili- ation and arbitration, non: on and mutual assistance. 4. A Sino-Japanest commercial treaty. According to this plan the Chinese government would maintain the control of general treaty and foreign relations Just a Sea of Faces at the Races PART OF THE HUGE CROWD AT HAVRE DE GRACE. JAPAN'S THREAT 1S CALLED UNWISE World Reaction to With- drawal From League De- clared Harmful to Nation. BY DAVID LAWRENCE. After months of patient investigation. the League of Nations Commission. on which the United States Government was represented, has revealed to the world its judgment that Japan was in the wrong in the Mandhurian dispute and that the moral force of the world can now proceed in its own way to bring about a reconciliation in the Far East. The step taken by the League is ex- actly in line with the original concept of that institution—namely, that war ehould be averted and some investigat- i in which the world would have corfidence should make an ex- haustive survey of the facts and publish its findings. It is all very well for Japanese spokes- men to say Japan will withdraw from the League of Nations. She may do that, but she cannot withdraw from the family of nations wherein she has for 0 long & time sought not only a place. but a place of equality. It huris the Japanese to suggest that they are in- capable of observing treaty obligations. and it hurts far more to have the whole wotld develop an opinion that the Jap- anese government has not progressed beyond the lessons of 1914, taught as & result of military aggression. | United States Policy to Stand. | The fact the League Commission by | its report justifies the Stimson-Hoover | policy of non-recognition for the sup- posedly independent state set up in Manchuria by Japan, is pleasing. of, course, to officlals here, but the ques-| tion is not likely to be a partisan one and. no matter who is elected Presi- dent, there is not the slightest chance of a deviation of American policy. In fact, the non-recognition idea was first plied in Central America and Me: by a Democratic President. ‘Woodrow Wilson, and the present Democratic nominee, Franklin Roosevelt. helped, ss Assistant Secretary of the Navy, to en- force it The League report is & victory for those who have all along conceived the Geneva institution as having the cout-| age and the determination fo go up against a first-class powe® and issue 8 verdict of disapprovai of its course. Undoubtedly the unanimity of opinion behind the League on the part of the other principal powers of the world will | be an important facior in preventing Japan from flouting tne League's re- port. Burden on Japanese. | . | Preliminary comments from Tokio in- | dicate the Japanese regard what has| happened as an accomplished fact and | hence as something that cannot be un- done. The other nations think it can be undone and will insist upon it as the price of further faith in Japanese pledges or promises. For having once | stated that the Japanese have violated the Kellogg-Briand treaty, t burden | of action to disprove the statc¥smt falls upon the Japanese. The present repoft comes in u@ htmos- phere of relative peace. Theie is no question of military withdrawal at the moment, but the prospect of & new commission being appointed to attempt to settle the whole affair is bright. It's the only way out for Japan. Such a| commission of Japanese and Chinese, with other countries as mediators, m bring about the new treaties recom- mended by the League's report. The cause of peace has been advanced by, the document that has just been issued | in the opinion of American Govern- ment officials, who feel that a milestone in world diplomacy has been passed. (Copyright, 1932, of Manchuria, not otherwise provided for; it would maintain the control over the customs, the post office and the salt gabelle, and possibly the admin- istration of stamp duty, and divide this income equitably between the central government and the autonomous prov- inces of Manchuria; it would appoint, at least in the first instance, the chief executive of the vernment of the provinces and would have the right to issue to that chief executive such instructions as might be necessary to carry out the international engage- ments entered into by the central gov- ernment of China in matters under the administration of the autonomous government of Manchuria. All other powers would be vested in the govern- ment of the autonomous provinces. ‘The police force or gendarmerie, it is ested, should be organized with the collaboration of foreign instructors and would be the only armed force within the three eastern provinces. Besides these prinelpal points, the commission- ers suggest the employment of & la number of foreign advisers, with a sub- stantial proportion of Japanese citizens, to direct and organize the various serv- ices of the autonomous state. 1t these suggestions were adopted, the commissioners feel confident that not only the Manuchurian situation, which has been a cause for war in the Far East for almost twoscore of years, would be finally disposed of, but the relations between China, Japan and Russia would enter an entirely new phase, a phase of friendship and co-operation beneficial to these countries in particular and to the rest of the world in general. HOUSANDS of turf lovers—with but a single thought—victory for their favorite. large crowd that turned out at the Havre de Grace, Md. race track Saturday to witness the twenty-first run- ning of the Havre de Grace Handicap, which was won by Equipoise. | CONCERT TOMORROW Robert Thomas Murray, 3d, in Re- cital at Mt. Zion Church. A concert will be given tomorrow evening at Mt. Zion M. E. Church, Twenty-ninth street between Dunbar- ton avenue and O street northwest. by Robert Thomas Murray, 3d. Mr. Mur- ray is being presented in recital by the Woman's Home Missionary Society of the church. A former member of the Hall-Johnson chorus, Mr. Murray has sung at the Roxy Theater, Carne- gie Hall in New York and over the alr. He will be accompanied in to- morrow’s concert by Horace L. Robin- son. John H. Pinkard. violinist, will also assist on the program. MANCHURIAN CHIEF WILL STAND FiRM Japanese Commander De- clares Present Policy Will Be Maintained. BY GEN. NOBI'YOSHI MUTO, Supreme Japanese Militars and Diplomat.c Representative in Manchuria MUKDEN, October 3 (#) —Irrespec- tive of the findings of the Lytton Com- mission. Japan wil pursue its already established policies in Manchuria In co-operation with the government | of Manchukuo we shall preserve the peace in Manchuria. No third party wil be allowed to alter this high resolve ‘We will willingly co-operate with the League of Nations for the attainment of world peece, but to change the pres- ent status of Manchukuo would only disturb the peace of the Orient The Lytton report contains many un- fortunate misunderstandings and mis- conceptions. Declared Self-Defense. Japan's action in Manchuria, on Sep- tember 18 last year (the date of the outbreak of hostilities at Mukden). was in self-defense. Our action must not be judged by a third disinterested party The allegation by the Lytton Com- mission that there is no spontaneous independence movement in Manchuria can be based only on willful propaganda by the old militaristic regime. It is totally wrong for the commis- sion to say that the presence of the Japanese army in Manchuria and the activities of Japanese civil and military authorities constituted the decisive se by which Manchukuo was estab- lished. Held Free Will of People. Manchukuo was organized by the free will of the people whose minds nat- urally were set at ease by the presence of the Japanese army. The report rightly says that restora- tion of Manchurin to the status it had before the entrance of the Japanese army wouid only create fresh trouble. By the same réasoning we can say that restoration of Manchuria to the status it had prior to March 1 (when Manchukuo declared its independence) will lead to nothing but fresh disturb- ances. 1 repeat that neither the League of Natlons nor any other power can ange our determination to pursue our established aims in Manchuria. fgaes TYPISTS WORK HARD ON LYTTON REPORT Entire Division of 40 Women Re- yports Early for Extra Duty, Nany Missing Breakfast. When a call went out for 20 State Department stenographers and typists to do extra work yesterday, in getting out the Lytton report, not 20, but the entire stenographic division of 40 wom- en, turned out, many without breakfast. at 7 o'clock yesterday morning and worked without let-up until 1:30 yes- | terday afternoon. The package containing the report, which arrived at the State Depart ment last Thursday, reached Secretary Stimson at 1 o'clock Saturday after- noon, and was opened at 7 o'clock yes- terday morning, the time set at Geneva for its release, before newspaper men, in the office of Stanley K. Hornbeck, chief of the division of Far Eastern affairs. It was necessary to typewrite the entire report of approximately 120,000 words, check this for etrors and then stencil the whole report for the mimeo- aph machines. The department to- ay congratulated the workers for their performance on the herculean task. . German Envoy Sails for U. §. BREMEN, Germany, October 3 (#)— Friedrich Wilhelm von Prittwitz und Graffron, German Ambassador to the United States, sailed today for America on the liner Europa. Frederick M. Sackett, American Ambassador to Ger- many, and former Mayor Walker of New York, are expected to board the liner at Cherbourg tomorrow. Serge Rachmaninoff, noted composer, also Was & passenger. — China has led the world in the value of American airplans imports this year. A striking photograph of the —A. P. Photo. OPION DIFERS ONLYTTON REPORT Hope for Settlement Seen, While Other Quarters Con- | demn Findings. | By the Associated Press. LONDON, Octobe —The British government declined to comment even ormally through the press today re- garding the Lytion Commission report on the Far East. Rarely have the spokesmen of Down- ing street been so reticent regarding an international situation. but it was stated at the foreign office that while Sir John Bimon. the foreign secretary. remains in Geneva his intentions re- garding expression of the British view- point are not known here. Sir Johm 1 attendirg the disarmament n>gotiations and the League deliberations. Expected to Accept Report. One unofficial view was that Great Britain naturally will accept the report inasmuch as lord Lytton, a British paer, was chairman of the commission, and that this govornment will back the League in trying to make the report effective. The official reticence here, it was thought. prcbably is due in part to op- posing views of powerful sections of public opinion regarding Manchuria as voiced in the press Most papers praised what they said was the exhaustive and thorough char- acter of the report. but there was con- siderable skepticism about the League of Nations' ability to act on its recom- mendations The Times ralsed a question of doubt over whether Japan would be able to| stand the strain of its undertaking in Manchuria and predicted the possibility that the Japanese people eventually would “share the commission’s conclu- sion that disregard of the feelings of the Manchurians would not ultimately serve the permanent interests of Japan.” The Telegraph said if a solution had to wait on the results of international co-operation in the reconstruction of China, it would wait “long enough.” Government Condemned. The liberal News-Chronicle, however, condemned the British government for “handling the Manchurian question feebly and failing to take a line which might have jolned Great Britain and the United States in a definite policy which the other powers would have ac- cepted and Japan respected.” “Most of all.” it said, “it is important that this country and the United States keep step.” The Daily Mail indicated strong sym- pathy with Japan and said: “Britain doesn't mean to be involved in any anti- The Labor Herald said the report es- tablished that “Japan is guilty of a great inteinational crime and that the excuses made for it are baseless and | invalid.” The Manchester GQuardian said the recognition of Manchukuo by Japan “need not and must not be allowed to | achieve what was its principal aims, | namely, the defeat of the Lytton re- | port.” Armed force, it said, remains the final arbiter if all other machinery fails, but such a method should be resisted all costs, for the repercussion would be felt in the West no less than in the East. DIFFICULTIES ARE SEEN. “rm- Paper, However, Believes Japan Will Negotiate. PARIS, October 83 (#).—The news- paper Le Petit Parisien said today it foresaw terriffic difficulties for the Leagu of Nations as a result of JApan's recog- | nition of Manchukuo, which the League | Inquiry Commission said would remain under the soverignty of China. It added, however. that it belleved Japan would not close the door and w‘?ulfl negotiate with the League Coun- cil. REPORT IS CONDEMNED. Manchurian Status Before September 18, 1931, Demanded. SHANGHAL October 3 (#).—The Cen- tral China Daily, newspaper organ of Wang Ching-Wel, Leftist leader and former chairman of the executive yuan of the National government, condemned the Lytton report on Manchuria severely in an editcrial today. “We cannot agree to discuss the future administration of Manchuria with Japan,” the paper said. “Man- churia is Chinese territory. Why should we discuss its government with a foreign power? We demand that the status as before September 18, 1931, be restored.” BELIEVED PARTLY ACCEPTABLE. NANKING, October 3 (#).—The principal officia’s of the Chinese gov- ernment were away from Nanking today, but the unofficial view of the Lytton repcrt here was that the suthorities would accept at least the greater part of it as the basis for a solution of the Manchurian problem. JAPAN MAY QUIT NATIONS LEAGUE War Office Issues Warning Over Lytton Commis- sion Report. (Continued From First Page.) fice. Extension of our influence in Manchuria i one step toward that goal By compariscn, American and other commercial interests in Manchuria are a lesser consideration. “However, Japan has maintained the policy of the open doer in her own territory, and there is no reason to ex- pect that the open docr policy will not be maintained wherever Japanese in- fluence extends.” The higher government officials dele- gated the foreign office spokesman tc express the views of the governmen' Members of the cabinet declined 1c comment, in accordance with a cabine decision. Official Tckio found few surprises ir the Lytton report. The leaks whicl provided a basis for rumors concernin: its contents over the past several week proved. in the main, to be substantiall accurate. LEAGUE TACKLES REPORT. Declared to Have Largest Problem in History on Hands. GENEVA, October 3 (#)—The League of Nations was definitely at grips today with the Manchurian problem— perhaps the greatest test it has faced in its history—following publication of there- port of the Lytton Investigating Com- mission which inferentially condemned Japen’s military occupation and turned thumbs down on the Japanese-advised regime of Henry Pu-Yi The commission, in an exhaustive analysis of the situation which began with the opening of the Japanese Army's drive in September of last year, found that the military campaign' was un- Justified and that the new state of Manchukuo is not supported by the Manthurian people. 1t proposed a special autonomus re- gime for the territory, with China re- taining full sovereignty over the three provinces, and suggested a special Sino- Japanese conference to work out the basis of a permanent settiement. with the provision that the League Council take a hand if the Chinese and Jap- anese themeelves fail to agree. Signed by Five Nations. Because of the delay requested br Japan end granted last week by the League. consideration of the report will not be taken up until November 14. It { was signed and approved by all five members of the commission. Lord Lyt- ton of QGreat Britain. Gen. Frank Mc- Coy of the United States, Count Luigi Albrovandi Marescotti of Italy, Dr. Her- mann Bchnee of Germany and Gen Henrl Claudel of France Generally speaking. it was ha'led in all quarters here today. except by the Japanese, with satisfaction. The more the Chinese studied it, the more they seemed to like it. The report scouted Japan's conten- tion, 80 often repeated while the mili- tary campalgn was at its height last Winter, that her soldiers weve fight- {ing in self-defense | After giving the conflicting Ch'nese {and Japanese versions of the events which provoked the outbreak of * | tilities at Mukden on_Septemb {1831, the committee said “the milia cperations of Japanese troops < * cannot be regarded as measures of legitimate self-defense.” The Japanese biamed the Mukden incident on_an explosion on the rail- road line which, they testified. created a break in the line of 31 inches. the | committee pointed out, but thev also testified that a train paseed over the break at full speed shortly after the explosion, arriving in Mukden undam- | aged and on time Chinchow Bombing Condemned. ‘The commissioners al¢o condemned | the bombing of Chinchow by Japanese | airplanes near the close of the cam- paign. “Bombing of a civil adminis- | tration by military forces cannot be | justified.” the report said “It has been the practice of the Jepa- to describe indiscriminately a8 all fcrces now opposed to " the report said. “‘There are. in fact. apart from bandits. two dist! categories of organ: Iy, lars troops.” The government of the new Manchukuo under Henry frankly characterized ns and supported artificially by military and civil cfficials. withou! gen- uine support from the local Manchurian population “8ince September 18, 1931." the com- mission said, “the activities of the Japa- nese military authorities, in civil as well as military matters, were marked essentinily political consideraticns. * ¢ Is is clear that the independ- ence movement, which never had been heard of in Manchuria befcre Septem- ber, 1931, was made possil | the presence of Japanese tr The Japanese general stafl, they add- ed. knew from the beginning what use would be made of the autonomy move- ment. Witnesses Frightened Away. ‘The commission also sald it found it difficult to find out the real attitude of the Manchurien people because of the activities of the Japanese. The strong guard provided by Japan fright- ened away witnesses, it said. and inter- views “usually were arranged with con- siderable difficulty and in secrecy. Many informed us thai it was too dangercus for them to meet us even in this way.” Most of the delegations interviewed, it added, wer> introduced by Japanese or Manchukuo authorities and the com- missioners indicated they were skeptical of the genuineness of the testimony ob- tained from these delegations. “In some cases.” they said, “persons who presented statements informed us afterward that the statements had been written or substantially revised by the Japanese and were not to be taken as expressions of their real feelings.” All but two of 1550 letters received by the commission from farmers, trades- men, students and workers in the towns, they said, were “bitterly hostile to the new ‘Manchukuo' government and the Japanese and they appeared to be sincere and spontaneous expressions of opinion.” China’s Weakness Scored. ‘The commission did not hold China blamelets for the situation In the East, however, and it sharply indicted the Chinese ' government for its weakness and for administrative disorders. It also insisted China must have regard for Japanese economic interests in Manchuria. “The final requisite for a satisfactory solution,” the report said, “is temporary international co-operation in the inter- national reconstruction of China. * * * It is quite as much in the interests of the powers now as it was in 1932 to assist in the reconstruction of China and the maintenance of her sovereignty, her territorial and administrative in- tegrity, as indispensable to the main- tenance of peace. * * * Py one, HOTEL LOBBY WRECKED Guests Uninjured When Leaking Gas Ignites. PALATKA, Fla.. October 3 (#).—A se- ries of explosions wrecked the lobby of the Hotel James here early today, but 10 guests, sleeping in their rooms, es- caped injury. emen attributed the blasts to gas escaping from faulty pipes. Fire broke out after the explosions, but it was qickly extinguished.