Evening Star Newspaper, December 30, 1934, Page 2

¥ A2 ‘STATE SAYS BRUNDI VISITED IN' JERSEY Surprise Witness Will Tes- tify Carpenter Was Out of City. By the Associated Press. FLEMINGTON, N. J., December 29. —The State of New Jersey has a surprise witness who, an authoritative source revealed today, will testify he was told on the day of the Lindvargh kidnaping that Bruno Richard Haupt- mann had gone to New Jersey and would not be back until late in the night. The witness, the source said, Is a resident of the Bronx and a Spanith- American War veteran. He is asserted td have told prosecution officials he went to Hauptmann'’s home to get the German carpenter to do some work for him. At the door, he said, he was greeted by a man who said Haupt- mann was not in. _Further inquiry, the witness has told the State, brought the statement from the stranger that Hauptmann had gone to New Jersey. The source declined to disclose the name of the witness, or anything pertaining to him, Denies Being in New Jersey. Hauptmann, since his arrest three months ago, has steadfastly main- tained he was not in New Jersey on the day or night of the kidnaping. Lloyd Fischer, associate counsel for Hauptmann, said today the offer of John Hughes Curtis, Norfolk, Va., shipbuilder, to testify Hauptmann was one of the kidnapers of the Lind- bergh infant, puts the prosecution in a dilemma. “The State can't very well ignore Curtis in developing its case, because it convicted Curtis of knowing the kidnapers,” Pisher said. Attorney General David T. Wilentz, chief of the prosecution stafl, has in- dicated he will reject Curtis’ offer, but the official word is that the offer is “still under advisement.” “If the State of New Jersey believes, as many of their witnesses successful- 1y succeeded in proving to a jury in the trial of Curtis, namely that Curtis was in touch with the actual kidnap- ers,” said Fisher, “and I refer again to a list of witnesses who will also be witnesses against Hauptmann—Frank Wilson (Federal agent), Schwarzkopf (head of the State police), William Horn (State police lieutenant) and others—and John Hughes Curtis now says that Hauptmann is one of the partfes he contacted, I don’t see how the State of New Jersey could possi- bly attempt to prevent that testimony from being given during the trial of the indictment against Hauptmann.” Repudiated Confession. Curtis was convicted here in July, 1932, of obstructing justice by ham- pering the pursuers of the kidnapers. A short time after the finding of the baby's body he signed a written con- fession at the Lindbergh home at Hopewell in which he said his entire story of having reached the kidnapers was a hoax. Later, prior to his trial, he recanted the confession and main- tained he had actually reached the kidnapers. The State, in its case against him, ced to prove he knew the real kidnapers and was obstructing justice by not revealing .their identities and whereabouts. On cross-examination, however, the principal State witnesses, including Col. Charles A. Lindbergh, declared they were convinced Curtis had never been in touch with the abductors of the child. Judge Adam O. Robbins, who pre- sided at the trial and who will be associated with the Supreme Court Justice Thomas W. Trenchard at Hauptmann’s trial, charged the jury that it must acquit Curtis unless the State had proved beyond a reasonable doubt that he had actually been in contact with the kidnapers. The jury convicted him after deliberating less than three hours. e JUDGE CHALLENGES NEW DEAL IN SPEECH U. 8. Jurist Calls on Oklahoma Bar to Lead Demand for Con- stitution Respect. By the Associated Press. OKLAHOMA CITY, December 29.— Federal Judge Edgar S. Vaught chal- lenged in effect much of the New Deal legislation in an address before the Oklahoma Bar Association today. Judge Vaught, who recently held phases of the N. R. A. unconstitu- tional as applied to intrastate com- merce, urged the bar to “take the lead in demanding respect for the provisions of constitutional Govern- ment.” “Congress within the past two years,” Judge Vaught said, “has en- acted legislation delegating legislative powers to the executive branch of the Government, under and by virtue of which the executive branch of the ‘Government has promulgated and ap- proved more than 11,000 executive orders, all of which are supposed to have the full force and effect of Fed- eral statutes. “It is difficult for conscientious courts to recognize this class of leg- islation as having constitutional au- thorization in view of the very positive decisions of our highest court, in definitely defining the distinction be- tween interstate and intrastate com- merce.” KENTUCKY MINERS ASK FEDERAL PROBE Determined to Organmize South- eastern Fields by Time “Robins Return.” By the Associated Press. LEXINGTON, Ky., December 29.— Determination to organize Southeast- ermn Kentucky coal fields by the time “the robins and the red birds come back” was voiced at a mass meeting of union coal miners here today. Resolutions calling for a congres- sional inquiry into conditions in Har- lan County, scene of frequent clashes between union organizers and deputy sheriffs in employ of coal operators, and sharply criticizing Sheriff T. R. Middleton of Harlan, were adopted. The 500 miners attending the meet- ing shouted their approval when Sam Caddy, Lexington, president of Dis- trict 30, United Mine Workers of America, declared: “The Governor says we have a right to go in there and, by heaven, we are going.” Caddy said the purpose of the meeting was to obtain the rernoval of Sheriff Mid- dleton. He offered on behalf of the union to supply Gov. Ruby Laffoon No. 1—Praulein Kathe Braun, shown at right with a friend, was in the auto THE SUNDAY STAR. WASHINGTON, en by Capt. James Justice, a British officer attached to the Saar International Police Porce, when the auto struck a women, causing a Nazi mob to beat Capt. Justice severely. Fraulein Braun and Lord Aylesford, also occupants of the car, were beaten. Photo taken two days after the mob attack. No. 2—Max Braun, Socialist and anti-Nazi chieftain, who is directing the drive to keep the Saar under League of Nations rule. The Nazis are said to have offered 20,000 marks to any one who can kidnap send carry him across the border into Germany. No. 3—Police Commissioner Machts (left), League of Nations appointee commanding the uniformed police force in Saarbrucken, shown with two of his aides. Machts, who left Germany when Hitler came into power, is working with the international army in keeping order during the coming Saar plebiscite. No. 4—The first detachment of British soldiers arriving to police the Saar with troops of other nations, Saar residents will vote whether to live under PFrench, German or League of Nations rule. Vandenberg Offers Liberal Platform to Revive G. O. P. Michigan Senator W ould Rebuild Party on Present Machine. BY G. GOULD LINCOLN. The Republican clinic, designed for revitalizing the G. O. P., heard from another political physician last night, Senator Arthur H. Vandenberg of Michigan. ‘The Michigan Senator, who was re- elected in November when many of his Republican colleagues were falling before the Democratic attack, called for a “liberal” party program. At the same time he did not propose to wreck the present national Republican ma- chine. The “new psyechology” must be rec- ognized, as the country moves into new post-war conditions, he said. That new psychology demands “new meas- ures of social responsibility for mass protection and mass equities. Offers “New Measures.” Among these measures, Senator Vandenberg listed unemployment in- surance, retirement pensions, mini- mum wage laws, the demonetization of war, the termination of investment rackets and the end of tax exemptions. All of these measures of social respon- sibility, he insisted, can be attained “without the surrender of a single sound and essential fundamental.” As possible issues against the Demo- cratic party and administration Sen- ator Vandenberg mentioned . “loose fiscal policy,” “domineering bureau- cracy” and the “rape of the civil service.” The Republican party, Senator Vandenberg said, “should always stand for effective protective tariffs that measure the difference of costs in production at home and abroad and for resistance to the creeping paralysis which now threatens the only eco- nomic principle that ever can restore and sustain higher standards of liv- ing and of wages in the United States. Blames Under-consumption. “In my view,” he said, “our own under-consumption rather than our | own over-production is at fault to- day. It cannot be rebuilt without protection. Generally speaking, I should expect our Republicanism to consider it folly to abandon primary dedication to our own national in- terest. ‘The Republican party, in the opinion of Senator Vandenberg, must look to its national convention in 1936 to write its creed, choose its leaders and to select a new national com- mittee. In the meantime, he would have the present National Commit- tee, which is elected until 1936, pro- vide impartially for discussions of is- sues and programs and for carrying on an intensive campaign of organi- zation. He urged the National Com. mittee to plan a free and representa- tive convention, protected against “all preliminary manipulation, in behalf of special interest or special ambition, which would rob it of vitality in pro- portion as it be robbed of freedom.” The immediate “job” for Repub- licans in Congress, Senator Vanden- berg said, “is to conduct themselves on a basis of constructive co-opera- tion—frankly supporting the good (in the administration’s program), frankly challenging the bad; and then with a sound record for a background, to as- semble in 1936 to seek the forward- looking program which will assure to America the continued influerce of 8 great and reliable party.” Advises Against Splits. “It we split inté s multiplicity 'of parties, the traditional American sys- tem is terminated,” he predicted. Senator Vandenberg’s proposals for revitalizing the Republican party were contained in a letter addressed to Chase Mellen, jr., chairman of the New York County Republican Committee, which has undertaken to provide an open forum for the discussion of Repub- lican problems and which has already heard from Senator Willlam E. Borah of Idaho, Senmator Gerald P. Nye of North Dakota, and other distinguished members of the G. O. P. The Michi- gan Senator had been invited to ad- dress a meeting under the auspices of the committee, in company with Gov. Winant, but was unable to be present. Coming from one of the big, Mid- dle West States which has been strongly Republican in the past and which in the last election showed a distinct swing back to the G. O. P., Senator Vandenberg has frequently been mentioned as & possible stand- ard bearer for the party in 1936. leaders who have been connected in the public mind with past Republi- can tions. . Urges Wide Discussion. At the same time, the Michigan —Associated Press and Wide World Photos. SENATOR A. H. VANDENBERG. mittee provide for “advisory groups in every State reflecting the external thought of these upon whom we must depend for maintained morale and for new recruits.” The - Republican party, Senator Vandenberg declared, is not dead, nor even stricken. “There 5 too much centemporary ‘shopting’ for a funeral” he con- tinued. “With 46 per cent of the popular vote last November, it is the largest political minority of modern record. This is particularly impres- sive against a campaign fund oppo- sition which touched an all-time high—to wit, the Treasury of the United States. The Democratic party ‘pofled but 35 per cent in 1924 and | but 42 per cent in 1928, yet survived all refulems. So shall we—with an | infinitely smaller gap to close. The overwhelming Democrat majorities in Congress are false barometers. They do not register the magnitude | of the storm. Only those are fooled who wished to be. Seeks Commen Ground. “This 46 per cent opposition repre- sents many divergent groups of opin- ion—but no more so than does the polyglot 54 per cent majority. Our problem is to win agreement to a com- mon ground and to deserve the ad- herence of the rapidly multiplying in- dependent vote and the youth vote of this decade’s new citizens. It cannot be done by mandate. It must be done by evolution. It cannot be sought alone by reliance upon ancient sym- bols. It must be earned also by mod- ern service. It dare not desert the true faith of the fathers. But neither dare to desert the legitimate hopes of our children. It must answer both because there is nobility in each. These are platitudes, easily uttered, it truthfully can be said. Yet they be- speak attitudes and a state of mind— the well springs of ultimate action. “I believe we must be a liberal party, neither floundering to the reactionary right nor staggering to the radical left. Let those occupy such treacherous extremes who do not have the Re- publican tradition of major contribu- tion to those American policies which made our whole people for three- quarters of a cehtury relatively the most favored race of earth. We were born as liberals under Lincoln. As reborn liberals we do not ‘lose our equilibrium’ or ‘change our character.’ We but persist in our heritage. Cer- tainly we do not desert the Constitu- tion for which the savior of the Re- public died. Urges Lincoin’s Concepts. “In my view, the spirit of our lib- eralism should say again with Lin- coln, ‘Labor is prior to and independ- ent of capital; labor is the superior of capital and it deserves much the higher consideration.’ It should equally say with Lincoln, ‘Property is the fruit of labor; it is & positive good in the world; let not him who is houseless pull down the house of another, but let him work diligently and build one for himself. Thus by example as- suring that his own shall be safe from violence when built.” ARMY LOBBY QUIZ PROVISED BY DERN | Three Officers Involved, Says Secretary, in An- nouncing Probe. By the Associdted Press. A thorough and impartial investiga- | | tion of lobbying charges by a House ‘;cammmee in connection with Army | \con;nns was promised yesterday by ' Secretary Dern, who said three officers were “more or less seriously” involved. The sald he had instructed | Maj. Gen. John F. Preston, inspector | general of the Army, to make the in- | quiry into the allegations contained |in the House Military Affairs Sub- | committee report. A grand jury investigation of the “deplofable” lobbying described by the House group was promised at the same time by Leslie C. Garnewt, district | attorney. Foulois Charges. ‘The Secretary of War previously had | informed the committee Gen. Preston | would look into its charges against | Maj. Gen. Benjamin D. Foulois, chief | | of the Aymy. Air Corps.. ‘The-House group urged Poulois® re- moval, not because of any congection with lobbyists, but because the com- mittee cancluded he had viglated “existing law” directing competitive bidding in buying alrcraft. Fee Acceptance Charged. Among Army officers whose cases were under scrutiny was a man who accepted fees from companies out- side the Government while holding a responsible position in the War De- partment. Another officer allegedly {was responsible for changes in | specifications which permitted only | one company to bid for an Army truck | contract, Both committee members and War | Department officials, however, de- clined to elaborate. It was made clear that both indictments for conspiracy to defraud the Government and military trials might be in store for accused Army officers—provided the | charges were substantiated. — rocks of loose fiscal policy” For the sake of the country I pray that he did not thus anaticipate his own adminis- tration’s obituary. True and tradi- tional Republican liberalism should, in this aspect, save the Nation from what could otherwise become false liberalism. In other words, those may be least liberal who are least sound. Yet, as in other things, we are by no means foreclosed from striving re- lentlessly for fiscal improvements. We dare not be a party of shut minds. Let it be repeated: Without vision, the this Toryism in a Jetter to Lafayette in 1823, Certainly government by execu- tive decree and by bureaucratic mani- festo is not democracy. Certainly the most basic of all human rights are jeopardized by dictatorship, no matter how nobly meditated, and wholly to say that all is well—with more un- employed than ever. It is equally silly for Republicans to say that all is | price-fixing for several months. e (I8 Deed PREFUING 0T OF ANDTHER CODE Waste Paper Industry Con- trol Dropped—Conference Will Tackle Question. By the Associated Press. N. R. A. yesterday moved further away from price-fixing by ordering | the minimum price provisions of the | waste paper code dropped January 7. The recovery organization's edmin- istrative board also advised all code authorities that any phase of codes or code operation that in any way af- fected prices would be considered at the general price-fixing hearings here January 9. After the arguments pro and cen | on fixed charges for-industry’s prod- ucts are heard at *the conference, | N. R. A. was expected to continue | the course which has led:away from Inserted in Many Codes. Price-fixing was inserted into many codes during the early days of | N. R. A, but enforcement and other complications made most of the price orders too hot to handle. The N. R. A. reported it had found that the waste paper industry’s price- fixing “had caused serious disloca- tions in the industry by affecting some members adversely while ma- | terially benefiting others.” “It was further disclosed,” the ad- ministration said, “that the (price- fixing) order stimulated the collection of waste paper beyond the normel de- | D. C, DECEMBER .30, 1934—PART ONE . Figures in International Preparations for Saar Plebiscite { ¥ In Nazi Cell MISS ELSA SITTELL, The 25-year-old New York girl who was arrested December 22 at «Prankenthal, Germany, on a charge of slandering Adolf Hitler by de- clering him to be “of Jewish de- scent.” —A. P. Photo. REORGANIZATION ASKED FOR ALLEGHANY CORP. Majority of Bondholders and Stockholders Declared Favor- able to Plan. By the Assoclated Press. BALTIMORE, December 29.—A NAZIS DENY BUSE OF COTHAN GRL |Miss Sittell, Held in Jail in Saar, Calm as Consul Checks Case. Copyright. 1934. by the Associated Press. WALDMOHR, Germany, December 29.—Miss Elsa Sittell of New York, held in jail here for a week, was re- vealed tonight as an American Saar- lander en route to vote in the January 13 plebiscite, her arrest following upon her remark she was going to vote against the Saar territory's re- turn to Germany. The girl, held incommunicado in the village’s one-room jail, was taken into custody by the town's one po- liceman and was charged with mak- ing derogatory remarks about the | government of Reichsfuehrer Adolf Hitler, American Vice Consul George Mak- inson, at Prankfort, arrived tonight at Zweibruecken en route to aid the American girl sand was expected to arTive here tcmorrow. ‘Was Bern in Saar. Miss Sittell was born in the north- west part of the Saar territory near Merzig and came from Paris to cast | her ballot at the plebiscite. Soon after her arrival, the towns- Ppeople said, “she started talking rather freely.” Why Miss Sittell stopped in the village straddling the frontier was not explained, unless the delay was to fulfill border formalities. | There are only 20 housss in this village, which appears predominantly mands of consuming mills and re- United States District Court was told Nazi Ward soon spread through the sulted in overstocking. This came! when the demand for paper was in its usual seasonal decline, leading to considerable financial distress and | unemployment.” Subjects are Listed. Bome of the subjects the board sug- gested for discussion at the price- fixing hearing were “operation of fixed minimum prices, selling below cost provisions, mark-ups, loss limi- tations, open price fiing with or without waiting periods, discounts, basing points, price reporting, resale price maintenance, cost accounting formulae and free dnb,l consignment selling and seconds.” Llangollen, Famed Show Place, : to Wife by Whitney County by the office of R. Gray Williams, Winchester attorney. In the past today a reorganization plan for the Alleghany Corp., & holding company for a group of the Van Sweringen railroads, was approved by a majority of stockholders and creditors. Douglas H. Jones of the counsel for the corparation, in his closing argu- ment, said 77 per cent of the bond- holders and two-thirds of the ered- itors favored refinancing an issue of g.r;gyoo.m of bonds maturing in Jones sald the plan “complied to the letter” with requirements of the national tion is sought. State at $7,800. The deed bore Ped- eral tax stamps amounting to $315, ;};A.huusuuuxmmu Members of Old Families. ‘Whitney, known best as “Jock,” is the son of Mrs. Payne Whiiney, his wife is & member of an old Phil- bankruptcy act, under sec- | tion 77-B, of which the reorganiza- to the ears of the sole police officer, who promptly locked up the, L garl | That was December 23. She has | remained in the jail, a single small room in the tiny town hall. Officials Frightened. The village is so small there is no court here and the girl will have to be taken elsewhere if she is tried. Miss Sittell, who was born in 1909 of German parentage, speaks French and German fluently. She came to the United States after the war and obtained employment in New York. A few weeks ago she went to Eu- rope. She had intended to return next week. A week ago she left Paris 't:;rmvel in Germany, leaving most of GUARD INGREASED AT SAAR BORBER French Reinforce Troops. Americans Worried by Citizenship Threat. By the Associated Press. SAARBRUECKEN, Saar Basin Ter- ritory, December 29.—Guards along the French side of the Saar frontier were heavily reinforced tonight as two Americans struggled to extricate themselves from difficulties with Ger- man and Ssar authorities. Meanwhile Americans back home in the Saar to vote In the plebiscite January 13 were frightened at reports published in European newspapers that they might lose their United States citisenship. In the toils of the rigid regulations intended to keep undesirables and mere curious out of the Saar, short 25 it is of beds and hotel rooms, was rested at Mettlach, Germany, because he had no special permit to cross the border. Guard Is Cencentrated. Meanwhile, Prench gendarmes, mo- bile guards and secret police ope: tives were concentrated along the Saar frontier to help Saar suthorities scrutinize foreigners attempting to enter the basin and forestall, if pos- sible, frontier incidents. The American group in the Saar was frankly worried over reports vot- ing might cost them their citizenship “We are ready to abstain from vot- ing,” one spokesman said, “if its's likely to get us in trouble in Amer- jica. We crossed the ocean to help our families but none of us will go s0 far as to lose our citizenship or the possibility of getting it.” Approximately 40 per cent of the American arrivals are naturalized, while the rest have at least their first papers. ‘The entire party, therefore, was anxious over its status as the propa- gands war between Nazis and anti- Nazis for possession of this tiny spot on the map raged about ft. Catholic Leader Deserts. Catholic opposition to Adolf Hit- ler's adherents appeared solidified to- day with the desertion from the Nazi ranks of Father Bungarten, one of the best-known priests in the terri- tory and almost the last Catholic ;cilli counted in the German front ol Simultaneously, Socialists and Communists published charges made by Wilhelm Pischer, asserted “former right-hand man of the Nazi leader at Neunkirchen,” that Saar Nazis had established a concentration camp in the basin and enriched themselves by “fllegitimate manipulation” of marks. Pischer said he personally arranged the camp, had cells built for 200 prisoners, bought equipment and paid for it with money contributed for “children’s kitchens.” Surrounded by high, soundproof walls, “these rooms 1could be used as torture chambers,” | Pischer said. Candidates for the con- centration camp, where prisoners “were kept from four to six weeks be- fore being taken to camps in the Reich,” included 100 priests, Pischer asserted. The German front called Pischer's a “red lie factory,” but did not directly deny the existence of the camp. Pather Bungarten in resigning from the board of the Catholic pro-Nazi newspaper Landes Zeitung, in which the Berlin government owns one-half interest through an insurance com- pany, said he could no longer support the Naszis. The priest was formerly president jof the Saar branch of Dr. Heinrich Bruening’s Catholic Centrist party before ft was dissolved by the Nazis |in 1933. He remained faithful to the Hitlerites despite their split with the Catholics last May. ‘The Americans here were having varied and unique experiences, some of which they termed “most annoy- ing.” Unpleasant Incident Averted. Joseph Martin, leader of the Chi- cago-Milwaukee group, who has been dencunced by German front tipsters as partisan of the status quo (continu- ance of League of Nations administra- tion), said he narrowly escaped an unpleasant incident. He was seen taking a vote card from one of his group in a cafe in his home town of Voelkingen. The Nazi press previously had warned against giving vote cards to any one and the Naz tipster immediately jumped to the conclusion that Mar- tin, who was speaking English, must be working for the anti-Nazis. He notified town officials, who are Nazis. A policeman was sent to shadow Martin. The policeman, however, turned out to be a boyhood friend, so he handled the matter as one be- tween friends. SEPARATISTS WARNED. | Nasi Leader Says They Will B: Dealt With Later. NEUSTADT, Germany, Decembe: 29 (#).—A statement by Saar anti- Nazis that Germany intends to con- fine the Saar separatist forces in con- centration camps was branded “an atrocious lie” today by Joseph Buerckel, but at the same time the Reich representative in the Saar in- dicated no pardon would be given the Buerckel issued a statement saying: “I am sure the people, after 14 years of foreign pressure, do not need con- centration camps. The Plebiscite Court ought to punish people who talk about blacklists.” The Hitler representative said that propaganda.’ ‘Terrorists, he declared will be “ef- curbed.” SAAR VOTERS KEEP STATUS.