Evening Star Newspaper, August 15, 1933, Page 1

WEATHER. (U. 8. Weather Bureau Forecast.) Fair tonight and tomorrow; slowly ris- ing_temperature; Temperatures—]I today: lowest, 63, at tle variable winds. hest, 80, at noon 5 a.m. today. Full report on’ page 9. Closing N. Y. Markets,Pages13,14&15 = No. 32,613. post_office, Dntercd as second class matter Washington, D. C. he Fp WASHINGTON, D. C, CUBAN STABLITY SEENNEARAS .S RECALLS WARSHP Roosevelt Advisers Predict Others Will Be With- drawn Shortly. | DE CESPEDES APPEALS FOR UNITY IN ADDRESS Many Department Heads Deposed in Reorganization Moves—Drive | on Secret Police Continues. \ By the Associated Press. HAVANA, August 15—A new Cuban government set out today to find solu- tions for problems inherited from the upheaval that brought the overthrow of the Machado regime In the harbor, as a steadying influ- | ence, the American destroyer Taylor | rode at anchor. The United States Navy cruiser Richmond was en route th sugh the Panama Canal to the At- lantic side to await orders. The destroyer Hamilton was expected to arrive at Manzanillo today, but con- fidence in the return to normalcy was eeen in the recall of the destroyer Claxton. Dr. Carlos Manuel de Cespedes, the provisional President, gathered about him a young and inexperienced cabinet to cope with the political and economic troubles growing out of a widespread strike, now ending, and disorders at- tending last Saturday’s revolution. New Ruler Asks Unity. ‘They and the whole republic were asked by Dr. De Cespedes in his inau-, gural address to co-operate in recovery. He asked for unity, so that “no one may doubt, in the future, our democ- racy's capacity for self-government.” Soldiers and squads of A B C oppo- #ition members continued to seek out and kill, or imprison for trial, men of fcrmer President Gerardo Machado’s strong-arm squad, the porristas, who are charged with slaying political oppo- nents in an effort to maintain the Machado dictatorship by force. The popular temper against remains of the deposed government, however, cocled considerably. At least 18 members of the porra have been slain in the last three days. A score have been wounded. Military au- thorities estimated that at least 12 were in prison. Reports reaching Havana said a num- ber of porristas had barricaded them- selves in Gen. Machado town, near here, under the protection of soldiers, who guarded nearby highways to prevent the sacking which had been visited on resi- ;lences of every prominent Machado fol- jower. Machado Aides Hide. Leaders of the Machado regime were in hiding, had fled or were preparing for flight. Out of Cuba are Machado, who is in the Bahamas: his family, who are in Florida; former Secretary of State Orestes Ferrara, in Virginia; for- me: Secretary of War Herrera, en route to Jamalica, and Octavio Averhoff, for- mer secretary of the treasury, and Eu- genio Molinet. Machado's secretary oll labor and agriculture, who also are in the Bahamas. The gunboat Cuba arrived here last night and it was expected that United States Ambassador Sumner Welles and Army officers would escort what follow- ers there are remaining to the vessel. Parades and other demonstrations ‘were taboo under a military edict issued to_stop looting, arson, and bloodshed. Before a crowd of thousands, Dr. De Cespedes delivered his address in which he pleaded for co-operation and unity in the task confronting Cuba. Shortly before he had sworn in his cabinet, which virtually ignored the old political parties in its makeup. Department Heads Ousted. Meanwhile, the island was returning to industrial normalcy with the ending of the general strike. The change in government also brought the ousting of many depart- ment heads closely allied with the Ma- chado administration. Others fled or resigned. Several secretaries. however, declared there was no intention of revenge, but rather a plan to retain the valued | employes 1 Dissatisfaction with Enrique Loynaz| del Castillo as police chief resulted in | passing_the post on to his_brother, ! (Continued on Page 3, Column 3.) CAPONE TRANSFER STORY STIRS CHICAGO Reports of Gangster En Route to Joliet on Racket Charge Prove Premature. By the Associated Press. CHICAGO, August 15.— Premature reports that Al Capone was en route here from Atlanta Penitentiary under heavy guard to face trial for racket conspiracy caused a furore in Chicago today. Authorities gave credence to the re- | ports for a time, but later were reported | to have received official information from Atlanta that Capone still was in his cell. Police squads had been mobilized, and & detachment reportedly was started for the State Penitentiary at Jollet in the belief Capone would be held there pend- ing trial in State courts on indictments charging that he and 23 others con- spired to prey on business in restraint of trade. Meanwhile, representatives of the State’s attorney’s office prepared to ask Chief Justice John J. Prystalski of Criminal Court for a writ of habeas corpus for Capong's return. They said 8 petition for the writ would be filed later today or tomorrow. From Washington came official word that a request for Capone’s return to face trial had been received, but that it wouk{” n;t! be ncwade nm until the re- turn torney Gen Cummings e offices Inter this week, 2 Aerial Gunner Kills Girl as He Mistakes Her Boat for Target By the Associated Press. SHEERNESS. Kent. England, August 15.—One of the strang- est tragedies in British military annals occured today when a London girl, Jean Chesterton, 17, who was rowing in a boat with her sister off Leysdown Beach, was shot dead by a ma- chine gunner in a Royal Air Force auxiliary plane. The gun- ner mistook her boat for a tar- get. The girls were a quarter of a mile from the shore searching for a child’s ball which had floated out from the beach. Five planes roared overhead and began shooting at a string of buoys. One of the gunners, mistaking the rowboat for a buoy, killed the girl instantly. The sister rowed frantically to shore. The planes were manned by territorials—volunteers—on an- nual training. URSCHEL CLEAN-UP KIDNAPING BLO Arrest of Bailey, Desperate Gunman, Hailed by U. S. Officials. By the Associated Press DALLAS, Tex., August 15.—The Fed- eral Government’s challenge to the crime world's master minds held a new meaning today, with jail bars framing the faces of Harvey Bailey, one of the Natipn's most desperate gunmen, and nine other persons arrested in three States. “"They'll never take me alive.” Bailey once boasted. But when he was aroused from sleep to look up into a machine gun, he changed his mind and remarked “Well it looks like it's just too bad, doesn’t 1t2” The machine gun slaying of four of- ficers and their prisoner at Kansas City June 17 and the ransom kidnap- ing of Charles F. Urschel at Oklahoma City July 22 are only a few of the crimes cRarged up to Bailey by authori- tles. ported as high as $200,000 Charges have been filed at Oklahoma City against 11 persons in connection with the kidnaping of the oil million- alre. They were filed under a Federal law which provides for a life sentence. Federal officials withheld the names of | those charged, but it was understood they included Bailey, Albert L. Bates, under arrest in Denver and identified by the Department of Justice as George Bates, & suspect in the Urschel case, and George Kelly, still at large. Will Charge Conspiracy. In St. Paul Werner Hanni, chief of the Federal Bureau of Investigation, | said that Sam J. Kronick, Charles Wolk, Willlam Nelson and Sam Koz- berg, under arrest there, Wil be charged with conspiracy in the Urschel ase. Four of five persons arrested with Bailey were held. They were Mr. and Mrs. R. G. Shannon, a son, Armond and his wife, Mrs. Oleta Shannon. The fifth person, Earl Brown, was released At Washington, William Stanley, as- sistant to the Attorney General, put- ting before the Nation the facts of the Government’s clean-up of the Urschel kidnaping and the Kansas City mas- sacre, pointed out the Urschel case was | the first in which the victim's family had notified the Federal Government. He sald three confessions to the Urschel abduction had come from among those under arrest. “Thus,” he sald, “within the course of only a few weeks after the perpetra- tion of two of the most startling and dastardly crimes in the annals of American history, the law-enforcement arm of the Department of Justice has reached out and captured the parties responsible for these outrages.” Come to Government. Invoking, then, the might of the Gov- ernment, he npp;lled to the people to come to it for ai “This division.” he said, “has aided s0 unerringly in the apprehension of the | recent kidnapers that we are asking you to consider carefully the record of the division and to co-operate fully with it should occasion arise. “It is ridiculous to think that the gangster and racketeer, a negligible proportion _compared _with _the_great (Continued on Page 2, Column 5.) THREE ARE SENTENCED IN RACE HORSE DOPING By the Associated Press. CHICAGO, August 15.—First convic- i tions in the Government's drive to stop the “doping of race horses” were ob- | tained today. Three men arrested in the raid at Ar- lington Park race track two weeks ago were sentenced by Federal Judge Walter C. Lindsay to Leavenworth Penitentiary | on a charge of sale and possession of narcotics. Those sentenced were Chauncey Ber- | ger, former exercise boy at_ Arlington Park, three years, and John Pride, col- ored, and Willlam Cooney, two years each. Similar charges were made against all three men. Ransom for Urschel has been re- | GANGLAND THREATS STRIKE TERROR 10 JURY WITNESSES Senators Probing Rackets Told of Intimidation to Impede Justice. |CITIZENS CRINGE UNDER FEAR OF VIOLENCE Rockefeller Center Development Is Declared Controlled to Detri- ment of Workers. By the Associated Press. NEW YORK, N. Y., August 15—A | raphic description of cringing terrified racket witnesses was presented to the | Senate subcommittee on racketeerings | today by Augustine J. Smith, secretary of the New York County Grand Jurors' Association Smith, who was foreman of the March grand jury, told Senator Royal S. Copeland, chairman of the commit- tee, that grand juries should not be | limited to cases presented by the courts. He was the first speaker of the commit- tee’s second day of open hearing in the Bar Association Auditorium. Describing a fur racket case that came before the March grand jury, Smith said: “I wish you could have seen the wit- nesses, how they stood before us, terri- fled, the perspiration standing out upon them, afraid to speak out.” Racketeers Employ Spies. “Racketeers” he said, “keep their | spies around the grand jury room. They know who testifies and they swiftly punish.” Smith also demanded better extra- | dition laws. “Now you are touching upon some- thing that must be dealt w'th,” Cope- | land said. A statement that employment of labor on the Rockefeller Center De- velopment was controlled by “a P. J Commerford” was made by George B.| McGovern, a steam engineer, who told | Senator Copeland that he knew many | men who were told at Rockefeller Cen- ter that they could be employed only | with permission of "Commerlom"'i | whom he described as an international representative. “They used to be called supervisors,” ' he said. “That was ruled out by the | courts, so they resorted to the subter- fuge of “international representative. | “Do you mean that international unions interfere with the right of | American citizens to work?" Copeland | asked. “Yes,” he replied. Copeland asked him to submit a brief | after McGovern said he could prove| existence of several rackets. Charges Union With Crimes. Another man then jumped up from | the audience and said he would like to | present some facts to the committee. bricklayer, and he launched into an | oration charging larceny, forgery, ex- | tortion and other crimes in the brick- layers’ union. Much of his speech went back 15 or more years. Copeland tried | to stop him, but McNichols went on. waving his arms and shouting about “crooks and racketeers.” He accused the district attorney of Brooklyn of refusing to prosecute labor | racketeers and he charged that the | American Federation of Labor was “founded on tyranny with taxation | | without representation.” When he ended he said “I thank you” The audience a})plluded. McGovern did not further identify “Commerford,” or say if he referred to | Patrick J. ‘Commerford, an ousted | supervisor of the International Union of Operating Engineers who was sen- | tenced last D T to & year and a (Continued ge 2, Column 3.) \PUERTO RICANS FIGHT |GORE RESIGNATION ORDER He said he was Patrick McNichols, a | the charse, used. ‘WITH SUNDAY MORNING EDITION TUESDAY, AUGUST 15, 1933—THIRTY-EIGHT PAGES. WOULDN'T 17 BE AWFUL |F THEY GOT Away WITH UNCLE! 024 N5 K / L T OCRASERNS & st / ( \ ening Star L L4 Associated service. The only evening paper in Washington with the Press news Yesterday’s Circulation, 111,609 () Means Associated Press. TWO CENTS. EXPLOIN INRES . . GUARDSHA Corpl. Ebert J. Ice in Serious Condition—Stone Pene- trates Skull. By a Staft Correspondent of The Star. CAMP ALBERT C. RITCHIE. Cas- cade, Md., August 15-—Struck on the right temple by a flying rock from a TNT blast, Corpl. Ebert J. Ice, a mem- ber of the 121st Engineers, District Na- tional Guard, 8 Fourth street south- east, was critically injured today. is not expected to live. The accident occurred about a half mile east of camp during a demolitions exercise. Ice was picked up by his companions, who ran to camp with him in their arms. After a cursory exami- nation, Maj. Joseph J. Greenlaw, camp medical officer, and Lieut. Neilson Strawbridge, his sssistant. sent.bim. 1o the Waynesboro Hospital. caused a compound fracture, Ma)j. Greenlaw said. Taking Photograph. Ice was taking a snapshot of the ex- plosion when struck. A group of D Company men. under command of Capt. Samuel R. Turner, were undergoing instruction and prac- tice in demolitions. The charge Wwas placed and every one grouped about 150 feet away, usually a safe distance for Ice was a short dis- nce in front of his companions in order to get & good view of the explo- sion. When the electric spark touched off the charge, earth and stone rose vertically except for a single small stone, which flew off at an angle, strik- ing Ice and rendering him unconscious. Stone Like Projectile. Explaining the accident. Capt. ‘Turner said the rock must have beem so placed that it acted as a projectile shot from a gun. ’i‘:tlu accident was the first serious mishap at a district national camp in a number of years. At the Waynesboro Hospital Maj. Greenlaw found the stone had pene- trated Ice's skull and destroyed a quan- | tity of brain tissue. Maj. Greenlaw said he had no chance for recovery and an operation would be useless. Ice, who is about 21 years old. is em- ployed as a clerk at the Weather Bureau. He carried a card in his pocket Stating | chiet of Police Eugene Plumer of | that his nearest relative is his father, E. C. Ice of Richton, Miss. —_——— Governor Says He Is Following Roosevelt Policy in Having Appointees Sign Paper. By the Associated Press. | SAN JUAN, Puerto Rico, August 15.— | A controversy has been started by Gov. Robert H. Gore's published statement that all his appointees must give him x;dwed resignations before accepting ce. The Governor said his purpose was to follow out a policy of President Roose- velt. He indicated the President held | his resignation before he sailed for the island. Antonio Barcelo, president of the Lib- eral party, declared the Governor’s action was illegal under the organic act sponsored by Woodrow Wilson. There were indications that at least one ' cabinet member might go to court. CHlROPIiACTOR’S SPINSTER CLERK FOUND BEATEN TO DEATH IN WOOD By the Associated Press. DOVER, N. J., August 15.—Miss Anna { Ulm, 45-year-old Summer resident of Mount Arlington, and secretary to & New York chiropractor, was beaten to death Sunday and her body lashed to a tree trunk, police said today. When the spinster's body was found in lonely Hickory Nut Hollow Sunday night, police announced the woman had committed suicide. This story, Lieut. Edward Gebhart said today, was a move to assist the police investigation of the ‘murder. No clues were found to the identity of the slayer, nor has a motive been established. Miss Ulm, whose home was in New York was secretary to Dr. Otto Rauten- bach, her sister's husband. She had been spending the Summer with Mrs. Rautenbach in a cottage on Lake Hopat- cong. £ Sunday morning she told her sister she was going into the woods to pick wild flowers. When she failed to re- turn by midafternoon, the police were notified and a searching party found the body at 10 p.m. - Police announced the body had been found from & tree and called the case . ¥ | Lieut. Gebhart revealed today, how- ever, after the results of an autopsy | were disclosed, that Miss Ulm's body was found wedged in between two trunks of a heavy tree stump, One end of a piece of rope was tied tightly around her throat, while the other was secured to the stump. ‘The victir had been struck a heavy| blow which crushed her skull. = There was also a small puncture of the skull | behind the left ear. | Robbery apparently was not the motive, as two costly diamond rings on | Miss Ulm's fingers were not removed. Dr. Morris Collins and Dr. Frank | Bird, who performed the autopsy, said | there was no evidence of a criminal | attack. | Lieut. Gebhart said he was giving | some thought to the fact that an ap- | parent madman bombed the offices of 1 two chiropractors in Paterson on July 28. Several persons were injured. On | Ay 8 a bomb was found in the auto-, mobile of Dr. William Cooper an East | Paterson chiropractor. | Investigators sald that while Miss Ulm's connection with the practice of her brother-in-law was somewhat re- mote, it was conceivable that a person holding enmity toward chiropractors might seek 0 harm thelr relatives of | | HALSEY STUART HEAD DENIES INSULL FRAUD Last of Nineteen Defendants to @ive Bond and Enter Plea in Case. By the Associated Press. CHICAGO, August 15.—A plea of not | guilty was entered today by Harold L. Stuart, head of Halsey Stuart & Co. investment house, to an indictment charging him, with 18 others, with using the mails in a scheme to defraud in connection with the affairs of Corpora- tion Securities, Inc., defunct Insull in- vestment concern. Stuart was the last of the defendants to give bond and enter a formal plea in the case. At the request of United States District Attorney Dwight H. Green, Federal Judge Walter C. Lind- ley set September 18 for arguments on a motion of a bill of particulars and also for setting of the case for trial. Stuart was a director of the $150,- 000,000 Corporation Securities Co. In- dictments in the case entail possible maximum sentences of 125 years in prison and $250,000 in fines for each of the defendants. Heading the list of defendants with Stuart were the three Irsulls—Samuel, sr., exiled in Greece; his brother, Mar- tin, a refuge in Canada, and his son, Samuel, jr., in Chicago—and a dozen Chicago business leaders. Mail fraud is not an extraditable of- fense, so Martin and Samuel Insull, sr., probably could not be returned to the United States for trial. AUTHOR MAY GET POST Meredith Nicholson Expected to Be Made Minister to Paraguay. Appointment of Meredith Nicholson, Indiana author, to the diplomatic corps is believed likely in official circles here. He is in line to be Minister to Paraguay. —_— Earthquake in Azores. PONTA DELGADA. The Azores, Au- ,'uu 15 (#)—A strong earthquake was felt here and at Fayal last night, but o WS | He |R. F.C. Vetoed Loan In Fear of Couzens, ‘Grand Jury Told Witness, Quoting Hoover, | Says Refusal Caused U. S. Bank Holiday. By the Associated Press DETROIT. August 15—Wilson W. Milis, former chairman of the board of | testified before the bank grand jury to- | day that Herbert Hoover, then Presi- | dent, informed him directors of the R. | P. C. were afraid of the criticism of Senator James Couzens, if they sanc- | tioned a loan sought by a Detroit bank. Mills, former chairman of the board | of the First National Bank. Detroit, said Senator Couzens' refusal to sanc- tion $6.200,000 of a loan of $43.700.000 | to the Guardian Detroit Union Group. Inc.. brought the closing of the State's banks in February, a suspension that | was followed subsequently by the na- tional banking holiday. “Precipitated” Holiday. | The blocking of this $6.200000 of ! the loan, Mills said, “unquestionabiy™ been_approved. he asserted. the banks (Continued on Page 2, Column 7.) FOR MER ACTRESS - KILLED; MAN HELD Companion of Mount Rainier Woman Is Charged With Murder. | e | Mrs. Ella M. Schrodt. 58-year-old former actress, was found dead in the | bed room of her home at 3906 Rhode |Island avenue, Mount Rainier, Md. early today by a neighbor called by | John €. Mulligan, 45, who for the past seven years has resided with Mrs. Schrodt. A deep gash had been inflicted |over her right temple. | Mulligan was arrested shortly after- ward on a murder charge preferred by Mount Rainier, and jailed without bond at Hyattsville After consultation with Chief of Po- |lice J. J. Crowley. State’s Attorney | A'an Bowie requested Baltimore City authorities to assign a detective to help county police in their investigation. | Sergt. William Feehley, who helped | solve the Bladensburg tea house mur- der, arrived in Hyattsville this after- ! noon and joined Policeman Claude | Reese, who made the preliminary in- vestigation. Mrs. Haden G. Hiromerous, who lives next door to Mrs. Schrodt, told police that Mulligan called her about 3 o'clock this morning. She found Mrs. Schrodt's body in bed. and believing her dead immediately called Dr. Harry Nalley of Mount Ralnier. The physician said the woman had been dead several hours when he ar- ived at 3:15 o'clock. He called police " (Continued on Page 2, Column 4) _ About Furniture. Furniture makers are behind in their orders from retailers. | If you will look through the advertising columns of The Star you may take advantage | of the many furniture sales | that are now going on. Homemakers are making purchases of needed furniture at this time. Yesterday’s Advertising. (Local Display) The Evening Star. . . 30,313 2d Newspaper..... 8,590 3d Newspaper. . .... 5,051 4th Newspaper . . ..... 3,613 Sth Newspaper. .... 1,818 Total Jow o 19,072 The Star’s circulation carries the news of buying opportuni- ties into more than 100,000 homes of people who hav money 40 spend. one of Detroit’s closed national banks, | | precipitated the bank holiday. Had it | CONTROL OF GRAI PRCES IS STUDIED Wallace Undecided on Course After Minimums Are Sus- pended by Pit. | By the Associated Press partment of Agriculture was studying closely the problems he expected to de- velop in event that minimum prices on the Nation's grain market were sus- pended with the close of trading today, as scheduled The Agriculture Secretary said no decision has been reached by the Chi- cago Board of Trade as to its final course “and none by us.” He will confer with representatives of the board and members of his staff later in the day on the minimum price question. ‘Winnipeg Market Pegged. “Winnipeg's grain market was put on 4 peg this morning,” Wallace told newspaj men. “That may influence the Chicago Board. | The minimum prices based on closing prices of July 30 have been in effect for several weeks. Wallace denied reports | the minimums were ordered into effect by the Department of Agriculture. “We did not cause them to be put lon,” he said “The Chicago Board merely asked if we had any objections. We didn't.” Wallace said that if prices of wheat in cash trading and futures trading should separate. he considered the futures market would then be reduced to “a mere absurdity.” Some Longs Liquidate. “Outsiders, not people in the depart- ment, have characterized the market ’]u!(: as a ‘hedger’'s corner,' " said. “There is apparently very little of a short speculative interest. Some longs apparently have liquidated, but in many respects the situation now provided by | the market is something that appar- | ently has never happened before.” | Wallace then produced a chart show- | ing that the price of wheat increased | | more rapidly then, but with a definite relationship to the fall in the value of the dollar in international exchange, | with wheat prices falling after fluctua- tions in quotations for the dollar nar- | | rowed. | He began an explanation of his own | theory of why wheat prices dropped, then ‘broke off his statement abruptly with the explanation, “I am getting out of my fleld. This is a matter for the Secretary of the Treasury.” VALUABLE V Storione, Owned by Alma Gluck, Taken From Automobile. NEW YORK, August 15 (#).—Theft of a valuable viola owned by Alma Zimbalist, the violinist, was reported to police yesterday. 1156 and 200 years old, was stolen from the automobile of Louis Kiezman, vio- linist, while it was parked near the Juilliard School of Music. Mrs. Zim- ers Island, off New London, Conn. Secretary Wallace said today the De- | Wallace | IOLA STOLEN | Gluck, opera singer and wife of Efrem | The instrument, a Storione, between | balist is at her Summer home, on Fish- | EMPLOY PRESSURE T0 BRING INDUSTRY: UNDER N. R A. CODE | Administration Acts to Line Up Coal, Steel and Auto- mobile Producers. JOHNSON AND PERKINS MEET WITH STEEL HEADS Lea Confers With Spokesmen for Automobile Group—Coal Session Tomorrow. By the Associated Press. The full pressure of the Roosevelt Administration today was being thrown behind an effort to bring four of the | nation's key industries—coal, steel, oil and automobiles—under N. R. A. codes. | Hugh 8. Johnson, the administrator and Secretary of Labor Perkins, went into & conference with the presidents of five large steel compantes determined to speed up an agreement that will bring that industry under the scope | of the Recovery Administration's wage- | ratsing, hour-shortening program an early date. Simultaneously, Robert W. Lea, the deputy administrator charged with | handling the automobile industry’s code, conferred with spokesmen for this group. Reports emanating from the | room were t the attitude cf Henry Ford toward the agreement already sub- | mitted was among the problems consid- | ered. | ~ Although the National Automotive | Chamber of Commerce presented the| code several wecks ag> and a hearing| has been set for Friday, Ford has given | no direct indication that he is ready to move with the other major com- | panies. ; Jumping ahead of his set schedule, | Johnson called the controversy-beset bituminous coal operators to meet here tomorrow instead of August 22 and in- | formed sources within the administra- tion said they would be told that a concerted effort must be made to draft | a code acceptable to all or the admin- | istration itself would write one. Oil Hearing Thursday. In addition, the oil industry is to| have its hearing Thursday on the code | which Johnson has been drafting out of the disputed proposals of various segments of the petroleum group—some ‘vurgn;g price fixing and others oppos- | ing_it. This determination to press through the codes for the major industries em- ploying millions of men followed con- ferences between Johnson and Presi- dent Roosevelt yesterday. Although the President, in creating the Recovery Administration several months ago, indicated a belief that the | the basic industries would be under | codes very quickly, disagreements with- in the industries and objections, par- ticularly to the collective bargaining labor provisions of the industrial act, | have left them lagging. | With Labor day set as a tentative date for bringing the bulk of the Na- | tion's employes under some form of wage and hour regulation, it was gen- erally accepted in administration cir- cles that the Chief Executive was standing firmly behind moves to force prompt action by the larger groups. | Roosevelt Calls Council. | President Roosevelt summoned his Recovery Council into session this aft- ernoon for an agreement Upon a new plan co-ordinating more closely the , Federal drive toward better times. Under discussion were not only the business man and the wage earner, but the farmer and those who are being | maintained through charitable sources. A number of detailed reports were presented for the Chief Executive's scrutiny. One was prepared by Gen. Johnson after their hurried conference yesterday when the President asked additional information about the speed with which the Blue Eagle of N. R. A. was covering the country. More facts and figures came from Harry L. Hopkins, under whose guid- ance relief funds are being passed out. He recounted reports of fewer needy | transients, but added that some States still appeared to be slightly backward in dss\zx];n.)lyu’lg their portion of relief unds. Farm Projects Reported. From his agricultural chiefs, the Pres- ident got a recapitulation of the prob- lem of holding cotton and wheat pro- | duction to_consumption needs. The | (Continued on Page 5, Column 1.) Sean 0'Kelly Plans U. S. Visit. DUBLIN, Irish Free State. August 15 | (°).—Sean O'Kelly. Vice President of | the Irish Free State. it was learned to- | day. may leave soon for the United Slatkc: for a vacation trip of about two | weeks. N. R. 4. PUBLICIT Publicizing the N. R. A. activities will cost the Nations taxpayers hun- dreds of thousands of dollars if the Recovery Administration press division keeps up its present pace, it was esti- mated today at the Commerce Depart- ment. The administration’s “canned news" factory staff is now working on a 24- hour basis of four shifts, turning out statements for publication at a cost of $40 for material for each statement, officials estimated. Eighty men and women have been partment’s regular mimeographing staff in this undertaking, which has been classed by newspaper men as one of the greatest spectacles of “handouts” on record. The “handout” is a censored statement given to newspaper men which expresses the official views of the activities of the organization. So tremendous has the factory’s output grown that two huge rooms have been alloted for the storage of surplus press matter. Ten men were at work in these rooms today assorting the ma- terial now piled high on big tables and in file racks. In the mimeograph room machinery is running at full speed 24 hours a day. Typists pound out stencils at a rate of 20 a day each. Binding machines | whirl the white paper into neat bundles | and a crew of assorters and distributors | rush the U. S. THOUSANDS OF DOLLARS employed to assist the Commerce De- | Y IS COSTING where it is given out to newspaper men. | the State of New All of this activity is supposed to be | behin# the scenes. but so noisy has the | great mass of machinery become in this | particular section of the big building | that it sounds like a boiler factory | operating at full blast. Officials said the administration is | ordering 7,500 copies of each author- | ized statement to be mimeographed. | Outside of labor, each statement costs the taxpayer $40. Officials said thou- | sands of dollars already have been' spent on material alone and still the | rush goes on. ‘This cost does not include the money expended for press agents who are turning out copy for the mimeograph machines. These men are located in 10 offices two floors above. The mini- mum salary of these men is reported at $2,000 annually. The maximum is said to be $6.000. While officials were unable to give | the exact number of workers in the mimeograph and publicity divisions, because they sald new men were being added daily, it was conservatively esti- mated by them that there are about 200. The total personnel of the ad- ministration is said to number now 500 employes. While the bulk of the press matter about the Blue Eagle is turned out in the Commerce Department Building, the Government Printing Office”also is working in large force on the other I cards are LEGALITYOF N.R.A MEETS COURT TEST BY OIL INTERESTS Held Unconstitutional by Re- finers’ Counsel in Dis- trict Tribunal. GENERAL WELFARE CITED IN U. S. DEFENSE OF ACT Congress, Not President, Alone Can Exercise Powers on Shipments, Lawyer Says. By the Associated Press The constitutionality of the national recovery act was fought over in Dis- trict of Columbia Supreme Court to- day with the Government defending it and an attorney for Texas ofl re- finers asserting it could not “be sus- tained on any ground.” The attack on the legislation under which the administration is carrying on its vast program for industrial restoration was made by P. W. P. Fischer, arguing for an _injunction against recent Federal orders prohibit- ing Interstate shipment of oil pro- duced in violation of State conserva- tion regulations. Issuance of these orders by BSecre- tary Ickes was defended by Charles Fahy, acting solicitor of the Interior Department, who filed a brief holding the act constitutional and contending the Federal Government had the pow- |er to control interstate movements of commodities for the general welfare. Calls it Unconstitutional. “T do not think the national recovery act can be sustained on any ground.” Fischer told Justice Joseph Cox in answering a question by the judge as to whether he thought the act was based on Federal powers over inter- state commerce or power given to the Federal Government to meet emergency conditions ‘The act complained of is unconsti- tutional and void for the reason that it is an attempt to delegate power to the President of the United States which cannot be delegated but must be exercised by Congress alone,” Fischer said, citing court decisions. He contended the Federal Govern- ment’s power over interstate commerce related solely to its regulation and did not permit prohibition of interstate commerce. He told Justice Cox the court now was called upon ‘‘to deter- mine one of the most weighty ques- tions that has arisen since the adop- tion of the Constitution.” First Court Challenge. ‘This is especially true, Plscher saic in view of “the a rent publie opin- ion that the constitutional guarantees should be brushed aside and abandoned on account of the unemployment and depression that exists throughout the country in the hope that by conferring legislative powers upon the President he can bring about a relief of our distress.” This was the first court challenge of the constitutionality of the recovery act as well as the initial test of the power of the Federal Government to help the States in controlling the production and distribution of oil In seeking to uphold the constitu- tionality of the recent “hot oil” orders of Secretary Ickes, Fahy contended the Secretary was performing the functions of the President of the United States under the act and could not be en- joined under those conditions. Challenges Jurisdiction. Fahy asserted the court was without jurisdiction in the case because Secre- tary Ickes “is acting directly in the place and stead of the President of the United States and in no other capacity, and one so acting under statutory pow= ers conferred upon the President by the Congress of the United States may not be enjoined or restrained.” The Interior Department’s answer denied that the prohibitory orders were ““depriving and threatening to continue to deprive the plaintiffs of the use of their alleged respective properties with- out due process of law” and denied that enforcement of the order is dam- aging the protesting companies. In answer to Fischer's contention that the order of the Texas Ratiroad Commission limiting production was in- valid, the Interior Department said that was not the sole cause for the order which was descrived as a Federal matter. As an additional point, the Interior Department set forth the Government's constitutional power over interstate commerce and added that “In the State of Oklahoma and in Mexico there have been enacted and are now in force State statutes limiting the production and withdrawal from storage of petrol- eum; that said States border on the State of Te: hat_from and into (Continued on Page 5, Column 3.) ALAN WINSLOW, FAMOUS WAR AVIATOR, IS DEAD Death Due to Injuries Received in Fall From Third-Story Win- dow of Hotel. By the Associated Press. OTTAWA, Ontario, August 15.—Alan Winslow, noted American World War aviator and author of several books on aviation, died today. Death was due to injuries suffered when Winslow fell from a third-floor window of a hotel here Saturday after- noon. Apparently becoming faint, he had sought to open the window and fell out. His ankles were fractured and he sustained internal injuries. Winslow, who as 37, served in France with the Lafayette Escadrille and lost an arm in action. After the war he was associated with the United States Government's foreign service. An official of the Pan-American Air- ways. Winslow went to Ottawa several days ago on business. GUIDE FOR READERS Amusements Finance Radio .. Society Sports Comics Features Serial ..C-4 -5-6 , secsvasmeonned 1