Evening Star Newspaper, April 11, 1933, Page 15

1 The Foening Saf [~ WASHINGTON, D. FRST SUTSFLED T0 FORCE ISSUNG OF BFER LIEENE Samuel Wertliev Fights Re- fusal of Permit in Resi- dential Section. HELD DISCRIMINATORY [ —And This LOCAL INVENTORS WIN BIG AND UNCONSTITUTIONAL ; Board Moves Offices—No Reports of “Conspiracy” to Raise Prices Received. The first sult to compel the issuance of a license for the sale of beer was filed in District Supreme Court today by Samuel Wertliev, proprietor of a delicatessen and restaurant, at 1400 C street southeast. A Wertliev said he applied for an “off- sale” license and was refused on the ground his establishment is in a resi- dential zone, Under section five of the regulaticns drafted by the District Com- ‘missioners after enactment of the beer bill, no licenses are issued for estab- lishments in residential zones unless they are restaurants in hotels or apart- ment houses. ‘Wertliev, through Attorney J. B. Stein, said this regulation is discriminatory and unconstitutional. His suit asks for s writ of mandamus to compel the District Commissioners and Wade H. Coombs, superintendent of licenses, to grant him an “off-sale” permit. Office Is Moved. The scene of beer permit issuance ¥ this morning director of inspection. intended to give the District’s lawyers & itmosphere where to go and milled ©Oram’s office. The throng seemed as any that has appeared lding the it T:ddxlnery started grinding outl 5 %o 11 a.m. todsy, & total of 1342 applications for ‘permits to sell beer had been filed, and 867 of them had been definitely acted on. Seven hundred and No Report of “Conspiracy.” ) Vernon E. West of the of \I’:‘:y to no reports a “conspiracy” '3 , alt he had Taise the price of bee, o individual owing there nor, as a committee representing the cun'munn of the Congress Heights Met t Episcopal Church. ‘The letter of protest said: “This place of business is within 30 feet of our church and within half a city block of the Congress Heights school yard. We understand he has an ‘off sale’ license which has resulted in purchas- ers walking out to the sidewalk or on adjacent property and drinking their beer. This is extremely objectionable to us, as it will result, if not checked at once, in drinking on our property and the littering up of our premises with empty bottles. “The citizens of Congress Heights barred the old saloon and we intend to be just as active, or even more so, if need be, in keeping the new saloon out of our community.” CRUISER NEW ORLEANS LEAVES WAYS TOMORROW | | in | the lengthy record F. W. Dunmore (shown below) and P. D. Lowell, Is Not All POINT IN SUPREME COURT. of litigation so far won by ‘There still remains litigation which it is expected will take years before, if ever, L\éey can gather the fruits of their labors. <47 I'KINLEY GADETS B &F i L £ _ Important Invention. Back in 1921, then struggling sclentists, they ev’:l.:ed a device that would take the hum out of a it i B Eggnfig but all they have re- publicity and numer- They have de- not only against geeae H gfigg,g Eoff Ay feg § 38k 358 §oii g §5% a5 el I8 BRE siz ;q g Other Suits. ‘There remain in the District Suprem= disposed of, it is probable they will have to enter into further litigation to col- lect from manufacturers using the de- vice whatever might be coming to them as_the result of the use of it. With such litigation yet unsettled. and the prospect of an adverse decision unsettling their plans, they are not counting on what they can eventually get out of the invention. They have no way of telling, but if their contentions are upheld throughout they may be rich—some day. Yesterday’s decision of the Suprcme Court, with Chief Justice Hughes and Justices Stone and Cardozo dissenting, involved the broad principle of an em- ploye of the Government assigning a patent to an industrial concern even though the inventiongesulted from work done on Government time and with Government materials. The Suprcme Assistant Secretary Roosevelt to Attend Launching at Brook- lyn Navy Yard. Assistant Secretary of the Navy Henry Latrobe Roosevelt will leave to- night to participate in the ceremonies at the launching of the new cruiser New Orleans at the Brooklyn Navy Yard tomorrow. The new Assistant Secretary will make an address during his stay in New York. The sponsor of the new cruiser will be Miss Cora Stanton Jahncke, daughter of former Assistant Secretary of the Navy Ernest Lee Jahncke, She is coming to Washington from Newcomb College in New Orleans to accompany her parents and her sister, Adele Townsend Jahncke, to Brooklyn for the ceremony. Employes at the New York Navy Yard, who constructed the vessel, will be hosts to the distinguished guests at a dinner at 6 p.m. tomorrow in the Brooklyn Elks Club. Court held that they were entitled to | the patent and to enjoy the frufts, if | any, of it. General Victory. It was not only a victory for Dunmore | and Lowell, but also for hundreds of | scientists in the Government service | who have contributed in the past im- portant inventions both to industry and ! to the Government without, in seme cases, receiving additional compensation | for them. The decision brought out, however, that others, notably the present director | of the Bureau of Standards, Lyman K. | Briggs, have profited from inventions | made on Government time. Dr. Briggs, with Paul R. Heyle, according to the| record, assigned patents on aeronau- tical instruments to a Pittsburgh con- | cern, while Frederick A. Kolster, while {a Government employe, assigned radio compass patents to industrial concerns. The court also held in the case of Dunmore and Lowell that their inver- tion is not of peculiar use to the Gov- ernment, such as a new weapon would be, but rather that it produced happi- ness in the home, and was of uni- versal use, and that it should be the LA PLATA WOMAN DIES Special Dispatch to The Star. LA PLATA, Md, April 11.—Mrs. Ef- fie Eliza Berry, 56, died at her home, Edgewood, near La Plata, yesterday. Mrs. Berry was the wife of Edward T. Berry and a daughter of the late Joseph and Alberta Ellen Murray of this coun- ty. She is survived by her husband :'ndwm daughter, E. Alberta B here, tomorrow ment will be in Mount Rest Cemetery. property of the inventor. | The Government selected the case of Dunmore and Lowell to establish the point as to whether Government scientists were entitled to inventions evolved on Government time. The case was fought vigorously, with the two inventors winning all the way. Now, with that out of the way, they and their attorney, John D. Brady, can , settle down to a few more s of litigation to decide if it is really their patent and what, if anything, they are to get out of it. R Bowie P.-T. A. to Meet. \Lieuts.” John G. Hill WIN ANNUAL DRILL High School’s First Battalion Led Field Again Yes- terday. McKinley High School cadets le*the field again yesterday when the 1st Bat- talion, 2d Regiment, under command of Cadet Maj. Edward Evans, jr, won the annual battalion competition, and the McKinley Cadet Band, under lead- ership of Capt. Karl E. Kramke, won the band contest. Second place in the battalion drill and | Went to Eastern High School's 1st Bat« talion of the 3d Regiment, under Cadet Maj. Clayton R. Hawkin. Eastern was runner-up also in the band competi- tion, with second honors going to that school’s musical organization under the baton of Cadet Capt. Eugene E. Kuhns. Central High School’s 1st Battalion Cadet Meaj. Robert M. , won third place in the battalion drill. Only contest. ' Judges of the battalion competition were Capt. Carleton Smith and First and Thomas H. Allen, all of Headquarters Company, United States Army. Judges of the band competition were A. Buglione, re- tired leader of the 15th United Stal Infantry Band; Warrant Officer Lewis Yassel, and Warrant Officer Joseph Du- fl'enx;e of the 3d United States Cavalry Band. Besides yesterday's events, McKinley h School’s cadets already had won this year the annual military map ‘prob- lem contest and the honor guard com- pany competition. Only two competi- tions remain for this year, the annual regimental drill at the Central High School Stadium on Aril 24 and the fa- mous company competitive drills at the Griffith Stadium June 5 and 6. SEVEN CHINESE HELD ON NARCOTICS CHARGE Bonds Totaling $14,500 Assessed as Result of Raid on Al- leged Opium Den. Seven Chinese, charged with violation of the narcotic act, were held under a total of $14,500 bond following arraign- ment today before United States Com- missioner Needham C. Turnage. Hear- ing in the case was continued until April 18. police raid on -an alleged opium den in the 400 block of H street. Two of | them, officers say, were actually smoking narcotics at the time of the raid. and today they were placed under $5,000 bond each. Bonds of four others were .ities are investigating the case to find g any of the men are liable for deporta- on. ALLEGED ROBBER HELD Joseph E. Hobbs Arraigned in Court on Charge Brought by George 0. Hyde. Joseph E. Hobbs, 42, of the 900 block Alabama avenue southeast, was held for the grand jury under $10,000 bond, following arraignment today on a rob- bery charge before Judge Ralph Given lnflnge Court. lobbs was accused of striking Georgt 0. Hyde, 63, on the head with a ham- mer and robbing him of $235 in his home in the 3500 block Schoel street southeast March 2. Detective J. J. Tolson, who made the arrest, P fled he recovered $132 of the money, which, he said, Hobbs had given to a woman, telling her he had won it on the races. = Assistant United States Attorney Michael F. Keogh said the Government BOWIE, Md., April 11 (Special).— The Bawie MW Assoctation meet tonight. of the 1st Regiment, under command of | two places were announced in the band pe The men were arrested Sunday in a | D% Ag!oon! $1,000 each and the fifth posted $500. 3 It is understood immigration author- | Cross, Am¢ also will show Hobbs bought a hat, suit, overcoat and four tnnléfllr:“t:whh this after the robbery C, CUMMINGS 10 GET SPECIAL REPORT ON 13 DIGTRIGT BANKS Institutions Expected to Be Placed in Three Groups Before Reopening. PUBLIC GETS NO INKLING OF THE FINAL OUTCOME New Treasury &mtfiy’l Aide Works on National Sit- uation. Officials of the office of controller of the currency continued today their task of preparing for Walter J. Cummings, new executive assistant to the Secre- tary of the Treasury, a special report on the condition of tht 13 Washington banks in the hands of conservators Cummings, who is responsible for solving bank problems relating to re- opening Staté banks throughout the country, was engaged on this work up to noon today, so he had little time as yet to devote to District problems. It is understood he expects to receive the .special report from the controlier’s office soon and will begin consid- eration of how to rcopen, if possible, the 13 banks. There were indications that the re- ington banks singly . Cummings instead of all together, but it was not known in what order he would take them up. Fall Into Three Groups. From early indications it appears the local institutions fall into three general groups: First, the banks which may reopen under their own names, indi- vidually; second, banks which may have to reorganize and form a new, larger bank under new t, mln:fmm. blish | 30d. third, some of the list which never will reopen, but will be placed in the of receivers, or with the con- servator acting as a receiver. The banks in the last group would be liquidated and all who have claims against them would be paid off at so much on the dollar, whatever could be realized. Meantime, it was understood that conservators continued to work on their own plans in hopes of reopening. Re- ports will be received through official channels, along with the papers from the office of the controller of the cur- rency. { One in Separate Class. No inkling of the fate of any of the 13 banks, individually, could be learned. It appeared that only one institution, however, stood out in a class by itself, the Park Savings Bank, whoss executive vice president kil'ed himself, and where ‘The conservator of one of the closed banks sent to a person who had in- dorsed a note for a friend a notice read- understood, R et 2 & m = in losed Washington aken. Maurice H. Thatcher, former sentative from Kentucky, in place, ttee, Repre- whose was with authority to appoint the other mem- bers. He named G. B. , real estate dealer with o at 1519 M street, as secretary-t: rer and said other members of the group would be chosen later, probably before the end of the week. Depositors behind the committee represent a tely $25,000 in de- posits, Mr. tcher, declared. —_— MAY CONVENTIONS TO BRING 25,000 Estimate of Delegates Coming Here Next Month Made by Board of Trade. Conventions will bring 25,000 dele- gates to Washington in May, accord. {ing to an estimate today INlthnl.l Capital Committee of the Board of Trade. It will be the best convention month for Washington this year. ‘The balmy Spring weather will at- tract conventions of American Con- gress of Physicians and Surgeons, the Tall Cedars of Lebanon and the North- ern and Southern Baptist conventions. Due to these large groups, convention registration here next month is ex- cted to exceed that of May, 1932, by gbout 10,000, according to Curtis ' Hodges, director of the committee. In addition to the groups named above, there will be meetings here or the Southern Gas Association, the American Trade Association Executives, American Law IMnstitute, American In- stitute of Refrigeration, Phi Delta Zewa Fraternity, United Order of the Golden ), erican Association of Adver- tising Agencies, Acoustical Society ul America, American Natlonal Soclety of Colonial , American Road Buila- ers’ Association and the Horological In- stitute of America. TUESDAY, APRIL 11, FIRST LADY PROVES FRIEND AT COURT 10U, 5. EMPLOYES Mrs. Roosevelt Holds Threat- ened Dismissals to Married Workers Unfair. AGREES WITH STATEMENT OF SECRETARY PERKINS Meanwhile Maj, Dalrymple Will Not Employ Husband and Wife in Office. Married women threatened with dis- missal from Government service be- cause their husbands also are on the Fedéral pay roll have a friend at court. Discussing this subject at her White House press conference yesterday, Mrs. Roosevelt reiterated her view that this Perkins, of Labor, dis- missal should be a question of efficiency and the good of the service. Held Poor Firing Reason. ‘The mere fact that two married per- sons are working for the Government is, in Mrs. Roosevelt’s opinion, a poor for of one of them, two persons to discharge such an obligation, for in- stance, as educating four or five chil- dren and supporting a father and mother. For the present, the exact stajus of dismissal of one or the other of a married couple Government service where reductions of force is necessary, is clouded. ‘When the old economy act.was passed the general opinion that this section, along with some others, was to be construed as permanent legisla- tion. Now the question is that, since the new law has come into opera- tion, whether it suppladts, or simply supplements, the old. The problem was laid before Budget Director Lewis W. Douglas Sat: y by & delegation from the National ‘Woman's Party. Statement by Douglas. Douglas said it was a peint the At- torney General would have to ryle on. 'If the law is only tem; A plained. “you have to worry about as to any action I b:ny take. of | dent.” Maj. Dalrymple sald yesterday he inve in the Breiviion Bureac. Instances b tion Bureau. Instances, he said, have been brought to his attention ‘where led are posing as single to hold ir “jobs. Such “fraud or deceit,” he added, m:nld be sufficient grounds for dismis- sal. ‘When the investigation showed both husband and wife employed in the bu- reau, Dalrymple declsred, one or the other would be dismisced, “unless some satisfactory explanation is made.” CUTS TO VETERANS WILL BE EXPLAINED James 0’Connor Roberts, Solicitor for Administration, to Dis- cuss New Schedule. '.‘l'he pree%entl administrative cutting leral payments to will be explained O’Connor Veterans’ Administfation, at the monthly meeting of the Federal Bar Associa- tion in Commerce Department wishing discuss this g:ct have been invited to attend An speaker will be Judge Thomes S. Willlams of the United States Court of Claims, who will out- line some interesting cases to come be- ror‘le_ the court during the last year. sub- the tion meen om May 8, it was an- nounced = IDENTITY OF AMNESIA VICTIM STILL UNKNOWN Patient at Gallinger Hospital Visited by Several Persons Without Results. The 61-year-old amnesia victim, who was sent to Gallinger Hospital after asking police for assistance Sunday, st! was unidentified today. The man, who said he thought his first name is Willlam and that he has a room somew) him to recover his memory. Police in Cleveland were asked to search for possible relatives there after the man's clothing was found to bear labels from that city. The man said he believed he had a wife and six children and that he was & salesman for an equipment firm. Something between a bottle and a barrel of beer brought about his down- fall, James Duffey told Police Court {Judge Isaac R. Hitt today when he ! pleaded guilty to a charge of intoxicatin. Duffey was arrested on Rhode Island i avenue northeast early today by Officer ‘W. B. Yates, As is custom: No. 5 precinct. the officer had Ar stances of the arrest, Judge Hitt asked Duttey “what (h:n you to say about “Your honor,”the defendant replied, FOR GRAND JURY ACTION *BETWEEN BOTTLE AND BARREL” 11} ofthe heating 1933. FEP Royal Family Gets Acquainted CUB§ NEARLY GROWN BEFORE FIRST MEETING WITH FATHER. Society and General PAGE B—1 LOCAL FORESTRY RECRUITS WILL 60 TOLURAY VENTTY At Least Three Work Teams of 200 Each Will Be Sent to Area. MORE LIBERAL POLICY IS UNDER DISCUSSION Conservation Corps Officials Dis- pleased by Slow Progress in # Handling Applications. ‘The Washington contingent of for- estry workers are to be sent to Federal conservation work camps in the wood- land in the vicinity of Luray, Va. This became known early this after- noon as Director Robert Fechner of the Emergency Conservation Corps was prepared to make public a list of 50 Federal camps where the 250,000 mem- bers of the in various sections of the country. m:“be District of Columbia quota is 500 At least three work teams will be HESE lusty 2-year-cld cubs rubbed noses through an iron grating at the | established in the vicinity of Luray, Zoo Sunday with their father, Joseph, a lion among lions, given the|ecach having 200 men, according to the park by the late President Coolidge. It was a S debut for the | plans. animals kept indoors through the Winter. 35 e T Wt Joseph, to enjoy his first glim him to join the ?am ly group. Joseph separated from his offspring as a safety measure, appeared | Meade, of them, although the % b is a uttfe timid, the photogra] training at Port Washington and Fort .. and Fort Humphreys, Va. hotographer could not persuade|{ Meanwhile, Fechner was reported i ppher said. | conference with other members ot —sStar Staff Photo. | President Roosevelt’s Conservation D.C. REPAIR SHOP FAGESPART T Dwindling of District Funds May Be Blow to Per Diem Employes. Per diem repair shop time work basis during current fiscal year of funds available for repair: Teplacing of heating plants in four schools, which serve to deplete the men. $120,000 Made Available. Congress made available for expendi- ture during the current fiscal year an lgronrhuon not to exceed $120,000 for reconditioning of the Teachers’ Col- lege to make it safe in strycture, and for the razing of the old Ross School, which was found unsafe. - ‘This work actually cost about $65,000 and the remaining $55,000 of that total specifically appropriated for specific lg:.dflc 8] tion, this work be limited to necessary Also, however, other work was done at the Wilson Teachers’ College, such as mmmmn walls, painting of the , Teplacement of electric wiring and repairs to machinery. This work was deemed needed, was requested by school officials, and if done, should have been done while the rebuilding of the structure was done, Mr. Baker held. This work used up about $16,000 from the general repair funds. Replacements Sought. Also, it is explained, there had been vigorous petitions for the replacement plants in the Morgan, Towers, H. D. Cooke and Cleveland Schools. In their justification of the general repair appropriation for this year, before the Budget Bureau and congressional committees, District offi- cials told of plans for these heating plant replacements. Plans for these new heating nts now .are bel drawn by the of of municipal ar and bids will be asked next month, Mr. Baker said. L. C. Wormington, superintendent of the repair shop, declined to comment on the matter or to say if he had de- cided _to furlough' per diem employes. Mr, Bagker was awalting his recom- mendation as to part-time work or fur- loughs. work OF BEER GETS MAN §10 OR 10 DAYS Legal Brew Caused His Downfall, Prisoner Tells Poli;:e Judge Hitt in Trial. “I was intoxicated, but this legal beer was the cause of it.” “I understand 3.2 beer is not intoxi- cating,” Judge Hitt countered. “Well, I drank a few bottles with some friends and it put me out. But I'm not accustomed to D o miich did drink?” Judge “How muc! you 2" Jue asked. “Was it a bottle or a barrel?” Judge here In between - Sudge, Tkt “fmed wi ween. him $10 or 10 days. arinking,” | Was MAJ. BUFFINGTON DIES AT CHERRYDALE HOME Maj. Ralph Maurice Buffington, U. 8. A, retired, died yesterday at his home, Cherrydale, Va. He had served in the Army from 1911 to 1930 when he retired for disability in the line of duty. Maj. Bufngton, who was 53, was born in Berkshire, N. Y., and was grad- uated from Cornell University in 1905. joned in the Vi - in 1911, and during the 'ar served in the corps as cap- tain and major. He continued in the Army until his retirement in 1930, He was a graduate of the ical Fleld Service School in 1921 3 Funeral services, with full honors, will be held in the Fort Myer Chapel at 10 a.m. tomorrow, followed emrwyu of the District| ld be placed on a part- the rest of the due to a dwindlin Dis- | VETERAN DROWNS Bridge and Swims for Deep Water. ‘While at least a JAILED AS FUGITIVE Norman S. Bowles, 49, of the 1800 block.of Seventeenth street southeast, A. D. Mansfield on a fugitive warrant from Mon! County, Md. Isadore Glasser, 201 Elm street, Chevy Chase, Md., was named as the com- plainant in the Maryland papers, which accuse Bowles of unla Tremoving an automobile from the Elm street Ppremises. Assistant United States Attorney Mi- chael F. Keogh'said Bowles, a disbarred attorney, would be held under $1,000 bond to await a hearing. Annual Egg-Rolling At White House Is 0.K.’d by Roosevelt {Use of South Grounds of Executive Mansion Is Authorized. President Roosevelt today authorized the use of the south grounds of the White House for the annual egg-rolling on Easter Monday. In making this announcement today, Capt. Ellis E. Haring, assistant director of public buildings and public parks, sald the festival would mpr't‘ at Ip:.m.. and trom then until 3:30 p.m. only children 10 years of age and under will be admitted to the grounds, except one adult gudrdian who may accompany small children. for exclusive use of j on Easter Monday. that no permits will be necessary and no reservations for the The colonel said a’mmn Arlington National Ceme- of mummmmmmumz day by the park permit office. {the visory Board T -Hfi ] training within a few days. They are housed in wooden barracks used in the D. C. FISCAL RELATIONS SESSION IS POSTPONED Special Subcommittee of House Will Hold Organization Meeting Tomoirow. | The special subcommittee “of the House District Ccmmittee, appointed ta make a study of fiscal relations, rents, foreclosures, receives next session of today poned its organization meeting until tomorrow. The of the investiga= tion was to have been decided upon aé today’s session. Representative Harland of Ohio i§ drafting a resolution to be presented to the Speaker, which would give the sub- committee authority to compel Wit nesses to testify under ocath and to produce records. Because this resolu- tion was not rel.dywee for eonsldmenuon by subcommi today, meeting was postponed. M’CARL ORDE.RS LOWER RENT PAID FOR STORAGE Controller General MecCarl to% ordmdtnhl;edum':: spproximating 3 per cent rent on 'om“ the City Refuse of 1515 8 street. hmtmutfismhlugfl nually on prem's:s for assessed valuation is $600, or 32 val 3 cent of the assessei valuation; en $276 rental is A