Evening Star Newspaper, December 13, 1934, Page 14

BOARD MAY FIGHT VIENNA BOYS CHOIR Head of Education Group Hits Prettyman on Child Labor Law. Unless school officials and Corpora- tion Counsel E. Barrett Prettyman unexpectedly compose their differences concerning interpretation of the Dis- trict’s child labor statute, it is “highly probable” that the Board of Education will disregard Prettyman’s compara- tively liberal view and take upon it- self the duty of prosecuting what it considers violation of the law. This likelinood was presented today by Dr. Hayden Johnscn, board presi- dent, in discussing a supplemental | opinion submitted yesterday to the board by Prettyman, reversing his former ruling by permitting the ap- pearance here January 20 of the Vienna Boys' Choir. The reversal followed the interven- tion of the Austrian Minister, through the Secretary of State. Prettyman told the board he received additional information through the State De- partment which changed the aspect | of the case. Received Note from Minister. “I also received a memorandum from the Austrian Minister,” re- marked Supt. of Schools Frank W. Ballou, "but I don't see that it con- tains any information we did not have or that was not previously before the corporation counsel.” School officials already have ex- pressed the opinion that the appear- ance here of the Vienna Choristers would constitute a law violation. In i the first official interpretation on | record, rendered recently, Prettyman | confirmed this view and also banned | the proposed performance of Rluh‘ Slenczynski, 9-year-old nationally | famous pianist, January 22. He, allowed his ruling in the latter case to stand unchanged. “If the corporation counsel should | decline to prosecute a case the Board | of Education deems a law violation, it | is, I believe, not only the privilege but the duty of the board, itself. to prose- cute,” Dr. Johnson declared. Written Opinion Submitted, The School Board head, who is one of the city’s leading attorneys, sub- mitted a written opinion to the board, giving the law a stricter interpreta- tion than Prettyman's and by impli- cation criticizing as vague and un- certain the corporation counsel's in- terpretation of the statute. Johnson's opinion, which was re- quested by Dr. Ballou, will be for- warded to Prettyman ‘“for consider- ation and reply.” Dr. Johnson said | he expected the corporation counsel’s | response before the board's next reg- ular meeting, January 9, when the matter probably will be threshed out to & final determination. Prettyman contends that, to consti- tute a violation of the statute, a child under 14 years of age must engage in an activity which could reasonably be | construed as “work” within the mean- ing of the law, and that the activity be a “gainful occupation.” He sets up a three-fold basis to de- termine whether the particular exer- tion is work. He would consider (1) the purpose of the exertion; (2) the regularity of its repetition, and (3) the effect upon the child. Johnson Hits Attitude. Thus, what might be work for one child would not be work for another, according to the individual psycho- logical and physical reaction, Pretty- man explained. Dr. Johnson attacked this attitude on the ground that the child labor law is a penal statute and the public has & right to know definitely what constitutes a violation. Both authorities hold that the exer- tion is a “gainful occupation” if it results in a profit either to the child or to some one else. This, Dr. John- son believes, should be the sole con- sideration in construing the law. Dr. Johnson pointed out that he could not predict definitely that the board will break with Prettyman and take prosecution of violations into its own hands, but added, “I have every reason in the world to think the board will stand behind me.” “My interpretation of the law is not new,” he asserted. “It points out the procedure which has been fol- lowed since passage of the law in 1928. Mr. Prettyman is the person who is making a departure from the | established practice. “Prosecutions Required.” “The law specifically states that ‘it shall be the duty of the director of the Department of School Attend- ! ance and Work Permits * * * to prose- cute all violations * * *" From this I would assume that the Board of Edu- cation, which employes the director of school attendance and work permits, not only is given specific authority to prosecute violations of the act, but is required to do so. “There is nothing to prevent us causing the arrest of a violator and taking the case into court. There are four lawyers on the Board of Edu- cation, and, if the board so directed, it would be the duty of any one of us to prosecute & violation.” “To my mind, the question is not whether the corporation counsel has the sole right to prosecute child labor violations, but whether he has the right at all. Dr. Ballou tells me we A real New England treat— which you just shape, fry and serve. FREE! Recipe booklet of tasty sea foods. Write for “De- licious Fish Dishes.” Gorton- Pew Fisheries, Gloucester, Mass. Made from the Famous GORTON'S CODFISH One of 30 Products THE EVENING STAR, WASHINGTON, D. bers, Henry 1. Quinn and Charles Houston, were not present when the matter was considered. In changing his ruling concerning the Vienna Boys' Choir, Prettyman argued that the fees received by the group are only sufficient to defray the expenses of its world tour and consequently there is no profit accru- ing to the choir or any one else. Traveling Concert Chorus. “We understood that this group was a traveling concert chorus, ap- pearing for a regular fee in a concert tour of the United States, in all respects similar to the appearances of other celebrated musicians and or- ganizations, such as the Don Cossack Chorus or an ordinary theatrical troupe,” Prettyman stated. “It now appears that the facts be- fore us were incomplete and inac- curate. The Minister of Austria points out that the Vienna Choir is one of the oldest institutions of its d, having been founded by Maximilan, Emperor of Serves 30 Years CARTOGRAPHER GIVEN GOLD WATCH BY ASSOCIATES. Austria, about 1498. From the privy DUDLEY P. BARNETTE, JR., ‘Who ccmpleted 30 years’ service as cartographic engineer with the Coast and Geodetic Survey yester- day. His fellow workers gave him a gold watch as evidence of their esteem. —Star Staff Photo. have not always called on him for legal services and advice. I am in- formed further by Dr. Ballou that at one time the Department of Justice was exclusively employed.” Bentley Policies Continued, Violations of the child labor act must be prosecuted in the Juvenile Court. Dr. Johnson pointed out that the present policies advocated by school officials are a continuation of SAY GOOD-BYE TO “P. M. FATIGUE” Put a quick end to that drowsy feeling that steals over you at mid-afternoon. Drink a cup or two of good tea at lunch time. It picks you up. Clears your mind. Makes you feel fresh and fit. And be sure the tea you drink is tea from India.® India Tea, in packages displaying the trademark shown below, is better tea—price for price and grade for grade —than teas not containing India Tea. ®To get genuine India Tea, look for this trademark (left) the procedures followed by Miss Fay Bentley, who is now Juvenile Court judge, when she was director of school | attendance and work permits. That post now is held by Mrs. Alice Sheldon. Henry Gilligan, one of the four attorneys on the board. said at yes- terday’s meeting that he agrees with Dr Johnson's interpretation of the Mr President. T am all for letting child artists appear, but I am afraid I am forced to lz‘ree with your opin- ion.” he said. “I am not at all in sympathy, however, with this pa- ternalistic type of legislation.” “Neither am 1" Johnson replied The two other legal board mem: JACK FROST symbol- izes purity, cleanliness, wholesomeness in sugar. There’s a kind of JACK FROST Sugarbest suited for every cooking need and table service. Each is 100% pure cane sugar, uniformin quality and protected from dust no matter what brand of tea you buy. more to it the Holy Roman Empire and ruler of | purse of Austrian monarchs, a tund‘ and germsin sealed car- tons—aAs I SHOULD BE. ke QUALITY SUGAR OF AMERICA wional Sugar Refining Co. of N. ) A MILLIONAIRE COULD NOT BUY CANDY —MORE PURE, MORE DELICIOUS. 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YOU ARE SAFE WH | was endowed for the maintenance of a choir of boys who were to sing in the court chnpel ol Vienna during divine service. “The members ot the choir are pupils of a regular public school and serve in the capacity of choristers only for a period of two years, during and after which time they continue their regular courses, which, accord- ing to Austrian laws, are required for their admission to academic studies in one of the Austrian universities.” He sald that the choir’s foreign tour was begun, first, “in the interest of propagating international cultural relations, and secondly, to broaden the boys' education by offering them an opportunity to see the worl Estonian Revenues Up. Estonia's government revenues in the first six months of this fiscal year were 19 per cent greater than for the corresponding period of last year. Phone Your Order ), 4 GOLDEN CROWN TABLE FOUNTAIN BRAND SMOKED Hams o0 - ROUND STEAK CHUCK ROAST Fancy RIB ROAST FRESH HAM choice cub » 23¢, 25C DIVA RETURNS HOME TO SING OPERA ROLE Mary McCormic Welcomed at Little Rock by Gov. Futrell and Friends. By the Associated Press. LITTLE ROCK, Ark, December 13.—Mary McCormic came back to her native Arkansas yesterday to sing the leading role in “Romeo and Juljet” for the homefolks. When the opera troupe with which she is traveling arrived at Union Station yesterday they found waiting a large and enthusiastic reception committee headed by Gov. A. Marion Putrell, Privately Owned and C, THURSDAY, DECEMBER 13, 1934 who extended an official welcome back home. Miss McCormic was born and reared in the little Ozark town of Ola in Yell County and attended Quachita lege at Arkadelphia, but this was time nel:hbor and uhool chum. ‘The opera singer later informally received old friends at her hotel suite. SISTER-IN-LAW FINED CHESTER, N. Y., December 13 (#).— ‘When Mrs. Lena Wilson was arraigned for sale of a pint of applejack with- out a license, she appeared before her brother-in-law, PFrank 8. Green, justice of the peace. He imposed a fine of $50. Mrs. Green, wife of the justice and sister of Mrs. Wilson, is town clerk. INC. Operated by Washington’s Leadin SECOND WIFE DIVORCES THRICE-WED COMEDIAN Mexican Decree Held Invalid in Suit Charging Harry Lang- don With Cruelty. By the Associated Press. LOS ANGELES, December 13.—Al- though Harry Langdor, movie come- dian, has a third wife, his second wife, Mrs. -Helen Walton Langdon, former ::trfl. was granted s divorce yester- y. Langdon obtained a Mexican decree and married his present wife, Mrs. Mary Langdon. The second Mrs. Langdon, however, contended the Mexican divorce was invalid and sought one of her own, charging cruelty and desertion. Mrs. Langdon asserts in her suit that the comedian is $25,000 in arrears Food Merchants ANNOUNCING! 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