Evening Star Newspaper, November 25, 1934, Page 10

A—10 = NEW COURT POWER WOULDADN.R A “Declaratory Judgment” Act Would Permit Rulings in Controversies. Proposed reorganization of the Na- tional Recovery Administration along lines that would afford business a greater degree of self-government has served to center attention on an enactment of the last Congress, pro- viding for declaratory judgments, which, it is contended, could be a valuable adjunct in the new set-up. This act provides that in cases “of actual controversy,” courts of the United States may, on application, declare the rights and other legal re- lations of any interested party, this finding to have the force of a final judgment or decree. Provides Prejudgment. 1t zffords. in some degree, the thing for which the business interests of the country have been arguing for several years; that is, a tribunal to which proposed compacts might be submitted for a prejudgment as to their legality, with the supposition, of course, that the element of controversy could be established. Otherwise, it would not be available Presumably it was this to which reference was made by Donald Rich- berg, executive director of the Na- tional Emergency Council, in his speech before the Associated Grocery Manufacturers in New York Wednes- day right, when he suggested creation of a National Code Administration, empowered to authotize or prohibit concerted action, and then added: “Its decisions should be made re- viewable—not by an ordinary lawsuit, but oy an appeal for a declaratory judgment by a court of competent Jurisaiction.” Such a code administration, it is pointed out by observers, would by the act of denying some application set up the necessary ‘“controversy” to make the declaratory judgment ap- plicable. Meets Business Ideas. The entire picture drawn by Rich- berg, incorporating both of these fea- tures, seems to meet the ideas that ! have been advanced by business in- terests for the past three years. The forerunner of these was the elaborate “Swope report,” prepared by Gerard Swope, president of General Electric, and followed a short time later by the report on “Continuity of Business and Employment,” drawn by a com- mittee of the Chamber of Commerce of the United States, headed by Henry 1. Harriman, now president of the chamber. This latter report received the in- dorsement of the chamber, and it was recalled yesterday that one portion of it put business on record as favor- ing—in return for obtaining stabiliz- ing legislation—establishment of un- employment insurance and other steps to guarantee employment—points to- day on which the administration is hammering. Because of this, some speculation has been aroused as to whether the proposed revamping of the N. R. A. may not again be coupled with measures for aiding workers in industry. Chamber Being Polled. Right now the chamber is polling its membership for an expression on N. R. A. reorganization. The Federal declaratory judgment law follows the principle of that in some 34 States, and has long been urged by the American Bar Associa- tion. Senator King, Democrat, of Utah, and Representative Montague of Virginia, piloted it through Con- gress, where it had lain dormant for six years. When it was under discussion one of those advocating it, described it in this way: “Under the present law, you take 2 step in the dark and then turn on the light to see if you have stepped in a hole. Under the declaratory judgment law, you turn on the light and then take your step.” Discussed in Publication. In an article carried in the Cer- tified Public Accountant, Nathan Boone Williams, local attorney, recent- ly discussed this law at length and declared business men would take full advantage of it to determine questions arising with the Government, partic- ularly 1n the New Deal agencies. “With the Federal Government com- ing into direct relation with the citi- ven in an increasing multitude of situations,” he wrote, “‘cases of ac- tual controversy’ are and must be of frequent occurrence, and, as govern- ment always acts through agents, these agents, up to and including the Attorney General of the United States, will become appropriate parties re- spondent in actions to declare the respective rights of the citizen in his relation to his government under the Federal law.” —_— PRESS URGED TO MAKE CRIME LESS GLAMOROUS American Bar Association Head Outlines “War” Program for Florida Group. By the Associated Press. OCALA, Fla. November 24.—The press was called on today by Scott M. Loftin of Jacksonville, president of the American Bar Association, to make crime “less glamorous, less attractive, less_enticing.” “Play down criminals for what they really are,” Loftin said, in an ad- dress before the Florida Press Associa- tion. He outlined the program of the bar association for a “new war” on crime. “Give more space to efforts of the association to wipe out these condi- tions,” Loftin said. “If these crim- inals cannot be worthy heroes, then they must be unworthy heroes. It is up to the people. It is their duty s.s’ citizens to efface this crime menace. —_— MAN’S THROAT IS CUT; WIFE FACES CHARGES Assault Case Is Filed by Police, Who Find Woman in Gas- Filled Room. Claimed by police to have cut her husband’s throat with a knife and then to have attempted suicide by gas in the kitchen of her home, Mrs. India Frances Powell, 821 Hamilton street, was being held at the House of Detention last night on a charge of assault with a dangerous weapon. Mrs. Powell's husband, Gary O. Powell, 26, was treated at Freed- men's Hospital after sixth precinct police answered a call to the house and claim to have found the husband bleeding from a laceration to the throat and the woman in the kitchen with several gas jets open. Powell went to the home of his mother after treatment. IS ) TOBACCO CARGO STOLEN i Truck Driver Tied With Wire and Abandoned. . ROANOKE, Va., November 24 (#).— A tobacco and cigarette laden van op- erated by the Dunbar Trucking Co. of Huntington, W. Va., was held up and robbed near Lick Run in Northern Botetourt County about 5 a.m. today. The truck driver, Arnold Bailey, was left wired up. Clifton Stafford, a driver for the Grayhound Bus Line between here and Cliftan Forge, said the truck was dis- covered about 100 yards off the main highway on a side road. Genuin Mohair 3-pc.L THE SUNDAY STAR, WASHINGTON BALDWIN SAYS U. S. TAKES PEACE LEAD Other Nations Must Consider Course of America, He Holds. By the Associated Press. GLASGOW, November 24 —Any collective effort by nations to insure the peace of the world must include the United States, says Stanley Baldwin. “Never as an individual will I | sanction the British Navy being used i Here is a suite of the latest style and at a price that is hard to duplicate. As pictured, the suite consists of a sofa, club chair and high-back chair. It is beau- tifully covered in 100% mohair. $5.00 Down—THE HUB With HISHELF 50c @ Week for the armed blockade of any coun- try in the world until I know what the United States is going to do,” he asserted in a speech last night. Baldwin, who as lord president of the council, ranks second to the prime minister, deplored the with- drawals of Japan and Germany from the League of Nations. He said they made more difficult action by powers in any joint peace system. Saying he did not know whether the United States would ever abandon its traditional policy of isolation, he expressed certainty there never would be a League of Nations with the power and influence it ought to have that great country is a member. “What we've got to do,” Baldwin said, “is to go on working—largely by faith, I admit—to try to get back OF ntil | D. C, NOVEMBER 25, \COL. RICHARD CUTTS into the League those who have be: longed to it, and trust that the day may come when the world circle is complete by the admission of the United States.” ‘Without referring specifically to any nation, he made mention of “cer- tain disquieting effects” in places where he said vast populations “are being drilled in a culture and a belief the very antipodes of everything you and I stand for.” Soviet Goes for Classics. Among the foreign classics to be Russian. g the | | —Col. Richard M. Cutts, 56, U. 5. M.| published by the Soviet state printing | trust are the works of Shakespeare, | Cidled foday: at his home after, & Dickens and Fielding, translated into | 10n8 lliness. | months ago from Newport, R. I The |R. M. Cutts, U. 8. M. C 1934—PART ONE. body will be sent to Arlington Na- tional Cemetery for burial. Col. Cutts served as an ensign in the Navy during the Spanish-Amer- DIES IN SAN DIEGO Marine Corps Officer's Body to Be | Marine Corps in 1899. During the World War he was on the staff of the commander in chief, Pacific Fleet. From 1922 to 1924 he commanded the Policia Nacional of e L e Santo Domingo and later headed the SAN DIEGO, Calif., November 24|15t Brigade in Hait. Surviving are his widow, Mrs. Mar- garet Pitts Cutts, San Diego; a | daughter, Mrs. Alice Wainwright He came here tWo|ywgshington, D. C. and a son, Lieut Shipped for Interment in Arlington Cemetery. ONE OF THESE 8 VALUABLE ITEMS WILL BE INCLUDED FREE WITH EVERY SUITE of $88 or More! 1—Kitchen Cabinet 2—5-Pc. 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