Evening Star Newspaper, January 4, 1935, Page 2

A—2 swx¥ NEW HOUSE RULE T0 AID PRESIDENT Suppression of Bills in Com- mittee Made Easier by Regulation. BY DAVID LAWRENCE. Back-to the Old Deal, the “good old ! days" when Congress was master of itself, went the House of Representa- tives on the very first day of its ses- sion this week, and the significance ; of that step will be felt at least for the next two years and maybe longcr ; It means, in a nuishell, that the majority will determine what shall or shall not be considered by the!l House itself and that a committee’s | action in suppressing a bill and pre- | wventing it from getting to the floor of | the House for action will be final, un- less the majority says to the contrary. It was the Democratic party, zealous to protect the rights of the minority, which brought in the rule in Decem- ber, 1931, that if 145 members of the House wanted to force a committee to report & bill, this could be accom- plished by means of a petition com- prising 145 signatures. Embarrassing Last Session. But that 145 rule was responsible | for considerable embarrassment to the Democrats at the last session of Cou- gress. For it meant that 100 Repub- licans, for instance. and about 45 dis- contented Democrats could stir wp trouble for the majority and for the administration. The reason is that when a bill comes up for roll call, the members must vote “yes” or “no” when, as a matter of fact, they would prefer not to vote at all on some controversial issues which mean political damage ! to them, no matter how they vote. The business of being forced to record i one’s self has been responsible for the passage in the House of more legis- lation which the members privately would like to have seen killed than any other single parliamentary device in Congress It is true that the minority will cry “gag rule” and taunt the Demo- crats for doing what majorities have done before, but there can be no question about the fact that the change in the rules just voted really) does put the responsibiilty where it} belongs, namely, on the majority. New Rules Aid President. There is nothing to prevent groups | like the American Legion or the! American Federation of Labor from trying to get a majority of members ‘to sign a petition to discharge a com- mittee which may be trying to sup- press a piece of legislation, but it is harder to get 218 names than it is to get 145, especially when the ad- ministration sends word to Capitol Hili that it doesn't want a particular measure pressed for passage. The new rules protect the President against what he may believe to be| irresponsible elements in Congress. | Thus, even the Senate, by a coalition of Republicans and Democrats, might put through a bill, but if the admin- istration wanted it blocked, the new procedure would permit the bill to be stalled in the House. For there come times when the President is ig the same position as members of Con- gress; that is, when he may wish to be spared the embarrassment politically of a veto message. Often Cauged Difficulty Often when a measure does come to a vote in the Eouse or Senate and public sentiment begins to crystallize - behind it, there is difficulty in ward- ing off the bill by a veto without po- litical reprecussions. The minority’s favorite strategy is to put bills up to be shot at. They used to call them “pop-gun” bills, but the Republicans had, as a general proposition, suffi- clent control to prevent them from getting beyond committee consider- ation and often times they were able to bring it about that a majority vote in a committee would decide not to take up a certain bill. There can certainly be no excuse for a House rebellion of any kind at this session. The administration ought to be able to control completely &nd comprehensively. The Democrats have learned that the 145 names on petitions would cause them trouble, as it did in the past, and they acted promptly, to avert it. Thus, at the last session, the soldier bonus bill was forced to be considered by means of the petition, and the same kind of effort was made in connection with the McLeod bill to pay off the de- positors in closed banks, & measure which the administration distinctly did not favor. The latest move, therefore, is in the direction of erderly and responsible Government and gives Mr. Roosevelt the chance to issue his instructions to Congress with the feelins that they | can be followed without minority ob- | struction. (Copyright, 1935.) _— JUDGE QUESTIONS SLAYING SUSPECT Ruling Awaited on Alleged Con- fessions in Killing of Two Girls. By the Assoclated Press. FINCASTLE, Va. January 4—Ad- missibility in evidence of alleged con- fessions made by Philip Jones, Clifton Forge colored man, to the slaying of two little white girls and assault on ope of them remained to be decided 88 court reconvened this morning in the trial which now seems likely to last through Saturday. Yesterday, with the jury which is trying, him for his life excluded from the rdom, Jones told Judge Benja- min T. Hadden he did not remember making any statement and that if he did make any “I was so scared I didn’t kmow what I was saying.” His wife, also indicted for the murders, said officers had threatened to take her agd Jones from Roanoke to Clifton Forge to be killed by a mob “in Slaughter Pen Hollow” unless she confessed. “Who told you that?” asked Com- gnonwealth’s Attorney M. J. Putnam of Clifton Forge. “You was one of ’em,” she replied. The Commonwealth claims Jones made a full confession, not only in Roanoke City Jail but again in the Henrico County Jail at Richmond, to which he was taken for greater safety. ‘After settling the matter of the canfessions today the prosecution still haxd several witnesses to present. “WIFE SUES WARNER HOLLYWOOD, January 4 (P).— Jack L. Warner, vice president of ‘Warner Bros.’ Pictures, Inc., was sued for divorce yesterday by Irma S. War- nég, .who charged desertion. They had been married 19 years and have & son, Jack, 18. Attorney De Forest Home said a priperty settlement had been made. T !a large hand in this work. He writes What’s What Behind News In Capital Message to Congress Has Thoughts of Many Men Included. BY PAUL MALLON. HE studious backstage prepara- tion of the presidential mes- sage to Congress furnishes a | good insight of how President Roosevelt works. i Two months ago his top advisers began thinking about what he should say. They wrote out suggested para- graphs and catch-phrases and pro- posed methods of approach for vari- ous subjects. The invisible Prof. Ray- mond Moley is supposed to have had much better than the heavy-penned j cabinet officers and comes closer tni giving Mr. Roosevelt what he wants. In fact, he is considered the No. 1 man for speeches. Many Parts Discarded. Six weeks ago the President started | hashing and rehashing suggested | drafts, Before he left for his Thanks- ' giving vacation he had worked up | several, covering half a dozen sub-| jects in a few paragraphs each. Many | of these had to be discarded when he | came back and found that many of the economies he had planned for the | budget were impossible. A week ago he knew just about what he was go- | ing to say on each subject and had : a tentative disjointed manuscript be- | fore him. He read to his experts in various lines the brief portions of it | relating only to their subjects and asked their judgment. But, up to last Wednesday, he had not yet pieced his message together. While some of the experts knew what he intended to say on their particular subjects, no one had read the whole message. ‘What you finally are getting is not exactly what it appears to be, a per- sonal message from Mr. Roosevelt to Congress. It is the laborious product of possibly 100 minds, gathered to- gether by one—a state paper report| from the New Deal to the people. Budget Data Held Back. There was also a well-studied and typically Rooseveltian method in the timing of the message. In the first place, Mr. Roosevelt an- | nounced he would hold back copies | from newsmen until a few hours be- | There | fore he went to the Capitol. ! appears to have been more of a pur-' pose in that than merely to prevent leaks. For one thing, it whetted in-, terest, heightened expectancy, placed ! more stress on the message—and less stress on the budget. It has been customary for news- men to receive advance copies of both the regular message and the budget about the same time, a few days before delivery. Publication of the budget is ordinarily delayed until the day after the: regular message, so that the two will not campete for pubiiity. This time Mr. Roosevelt'delayed the budget for three days after the regular message. That will permit the good news of the message to sink in thor- oughly before the comparatively bad news of the budget gets out. The White House knows its publicity. | Tax Check-up Pushed. The Internal Revenue Bureau is on the warpath. It has quietly sent out “thousands” of notices to small tax- payers demanding that they come in| with books and records to prove their deductions in their 1932 income tax | returns. In previous administrations the bu- reau did not fool with the little fellows It usually costs the Government more | to collect than it receives in additional taxes collected, if any. This time, however, no stray 2-cent stamp is too small to be overlooked. It is difficult to ascertain the ex- tent of the drive because the Taz Bureau moves on bicycle tires. Several small business men and In- dividuals have, however, complained about the expense and annoyance, especially in view of the indications that some of the wealthiest men in the country paid no tax whatever in '32. If you have not received your notice yet, you may get it shortly, be- cause they have to get you before the statute of limitations expires in 60 days or so. It was either Senator Hiram John- son or some one equally wise who once said he did not care who was Presi- dent of the United States, or even if there were a dictator, just let him run the Internal Revenue Bureau and he would run the country. The Farley crowd spent a happy few hours after reading the news story a few days ago that the White House had requested Interior Secre- tary Ickes to drop Messrs. Burlew and Glavis overboard. Their elation was short-lived. The White House de- nied it. What appears to have happened ! was that an eminent New Dealer, who would have liked to have seen Messrs. Burlew and Glavis walk the plank, encouraged news men to predict it. He's a Republican. Mr. Burlew is a Republican )mld-l THE EVENING STAR, WASHINGTON, D. C, FRIDAY, JANUARY 4, 1935. Among Honor Guests at Brilliant White House Reception Representatives of nations with missions in Washington were honor guests of the Presi- dent and Mrs. Roosevelt last White House. The reception event of the official state progra sion, and there were more than No Dijalal. Mme. No. 2. The Ambassador Saito. No. 3. The A night at the was the first m at the man=- 2,000 guests. 1. The Minister of Persia and Mme. of Japan and mbasggdor of France and Mme. de Laboulaye, with their daughter, Mlle. Marie Therese de Laboulaye. No. 4. The naval attache of the Italian Em- bassy and Signora di Santa Orsola. No. 5. Prince Eugene De Ligne, counselor of the Bel- gian Embassy, who. pending arrival of the Ambassador, is charge d'affaires, and Prin- cess de Ligne. Underwood Photos. POLICE WILL PUSH NUMBERS DRIVE Five Arrested in Restaurant in Fourth Raid in New Year. There will be no peace for numbers operators in the District if Lieut. George M. Little, head of the police Vice Squad, can help it. Five men were arrested late yester- day in a restaurant in the 1100 block of Fifth street in the fourth raid since New Year day, bringing the total arrested since the first of the year to 13. Others arrested in a series of raids the last part of December a score for the past week. The five were to be taken to court today on charges of operating a iot- tery and setting up a gaming table. They were booked as William Jimrog- I lou, 31, and Nicholas Jimroglou, 27, alleged proprietors of the restaurant; John R. Fort, 27, of Forestville, Md.; Peter C. Coyle, 32, 1400 block of Fair- mont street, and Walter G. Bethea, 28, colored, of the 1100 block of Fifth street. In Police Court today the five were ordered held under $300 bond each for grand jury action. The restaurant, police say, was a “turn in” place for collectors in the numbers racket, and grand jury in- dictmeats will be sought in hopes that severe penalties may be meted out. Three other raids, resulting in the arrests of nine persons, were made Wednesday. Lieut. Little said today his squad will continue activities this year in the drive to stamp out the numbers racket and other forms of ambling. 5 Harry Ribner, 30, of the 1400 block of Meridian street was convicted by a Police Court jury late yesterday on a charge of “setting up a gaming table.' It was testified it was disclosed that he arranged with a storekeeper to set up a slot machine in his place of busi- ness at 733 Thirteenth street. The storekeeper, Morris Zola, told the court that last week Ribner had prom- ised there would be no “trouble” with the police over the operation of the machine, which, Zola said, belonged to Ribner. Zola also was charged with setting up a gaming table and pleaded guilty when arraigned before Judge Ralph Given. Ribner, according to Whitstone, had installed & number of the machines, which are of the Chicago Club poker machine type, in business places throughout the city. Another conviction on a similar charge and for operating a similar machine also was recorded this week against John ‘Stern, 1241 Good Hope road southeast. Town Gets First Telephone. FRANKLIN, W. Va. (#).—Now the people in Franklin can talk to the folks somewhere else. Heretofore one fof the most isolated municipalities over as Assistant Interior Secretary and Mr. Glavis heads the Ickes de- tective bureau in the Interior Depart- ment. Employes in the department are very much afraid of both of them. Good Democrats are angry, particu larly with Burlew, because the depart- ment has never been opened to patronage in the good, old-fashioned way. Some of the highest New Dealers had great difficully obtaining tickets from Congressmen so they could get in to hear Mr. Roosevelt’s speech. Assistant Navy Secretary Roosevelt tried for days without success, as did Federal Reserve Governor Eccles. The Senate has blown up the seat cushlons In the lobby with new air so the lobbyists will rest more comfort- ably while waiting for Senators to come from the Senate floor. The most sensational unconfirmed rumor around the Senate is that Huey Long is on the water wagon and has ordered all his lieutenants to join him. Either it is & viclous rumor spread by his enemies or Huey is get- ting old and conservative (Copyrisht, ‘-ILI £ in West Virginia, this mountain town at last has long-distance telephone service. brought the total arrests to more than | | OV SERVCE BL Workers Proposed by New Yorker. | Legislative proposal for civil serv- !ice examinations of some 100,000 New Deal workers is made in a bill which ‘mpruenunve Sirovich of New York, | | who is in line to be the new chairman of the Civil Service Committee, has ready for introduction. This “prece- dent-smashing omnibus measure,” as he describes it, has been made nec- essary, he says, because ‘“nobody knows why some job holders are here or_how they got in.” Representative Sirovich emphasizes that ““no injustice will be done to any- one. We simply feel that the best qualified men should get the jobs on the basis of mental and oral tests.” He also made it clear that “key men in the emergency agencies would not }lake the test.” and explained that he | hoped to fix it so that each member | of Congress would not have to be an ierrl’nd boy for several hundred per- sons who come daily hunting for jobs. | Another bill sponsored by Represen- | tative Sirovich is for a Meditation Board, on which employes should | choose their own representative, to {hear all complaints, ingluding wages | and hours—and a Board bf Appeals on all such questions, including dismis- sals. He proposed to increase the annual pensions of those in the professional service from a maximum of $1,200 to $3.000, with the workers themselves | paying the larger part of this amount. | Reclassification of all employes 50 as similar work is also included in the Sirovich bill. He would place all postal workers under the civil service and would give all employes the op- itl«m of retiring at 55, tead of 70. The Sirovich bill is based on in- } formation collected in a questionnaire |of Government employes conducted |by E. Claude Babcock, president of the American Pederation of Govern- ment Employes. MEXICO PAYS $500,000 ON $7,000,000 U. S. DEBT Represents First Installment on Damages to Property in Revolution. By the Associated Press. A check for $500,000 was pre- | sented to Secretary Hull yesterday by Pablo Campos-Ortiz, charge d'af- faires of the Mexican embassy, as the first installment of Mexico's &p- proximately $7,000,000 debt to the United States. The clainy arose out of damages to American property during the | Mexican revolution from 1910 to 1920. Joint commissions reached the agreement last Spring in' xico City by which the Mexican government tngreed to settle for about 265 cents on the dollar. McCart Ruling Halts Printing Of Book on George Washington Publication of the “Definitive Works of George Washirgton,” an ambitious 25-volume enterprise of the George tennial Commission, eral McCarl in a decision made pub- lic_today. McCarl held that no obligation for this or anything else could be in- curred after last December 31. The news was conveyed to William Tyler Page, veteran House attache, in his capacity as executive secretary and disbursing officer of the commission. Page had written McCarl, explaining the commission expired with the end ©of 1934, under the resclution cresthg ' it, but that some of its work was still undone. He pointed out that the preparation of printing of Washing- ton’s works was only about half com- pleted, under the direction of Dr. John C. Fitzpatrick, and that certain cleri- cal activities also should be continued. Since all these obligations have been incurred within ghe lifetime of the commission, it seem proper to liquidate them after December 31, he thought, and he desired to know if he was authorized to continue to make disbursements. tmd:WMIn?nlth no e Mmlu printing, clerieal services or to equalize salaries for the same or| Full Dress Uniform Aides Lends Additional descriptive matter on the White House reception last night will be found in today’s soci= ety section, page B-2. ‘There was beauty, color and dignity | | at the New Deal diplomatic reception | held at the White House last night | by the President and Mrs. Roosevelt | | in honor of the members of the dip- | | lomatic corps. All the luster of for- | {mer years was there—the Amba.ua-‘ dors and Ministers, and especially the | military and naval aides of the corps |in their full-dress uniforms. White House aides were distributed through | the company, standing at points of vantage to assist guests in their en- trance and departure from the draw- ing rooms. The Marine Band, in full scarlet, white and gold uniforms, | booming away the American and na- tional music of all countries, fur-| nished an added sparkle to the pic- turesque setting. > The President and Mrs. Roosevelt arranged the reception to perfection, the cabinet entering the mansion by the north front door, the diplomats by way of the south front, and other guests asked to meet the diplomats entering by the east corridor. All in Happy Mood. Like their hosts, the guests were in a happy mood, and as they passed the President and Mrs, Roosevelt in the blue room there was a new exchange of New Year greetings. The Secretary of State and Mrs. Hull were right- hand aides to the President and Mrs. Roosevelt in extending hospitality and, following the reception of diplo- mats, all the cabinet members and their wives mingled with the guests. The New. Deal reception detracted a little from the statliness of the blue room, where a solid barrier of palms and ferns stood back of the President and Mrs. Roosevelt, dividing them tn:gl the rest of the room, where special honor guests assembled after being received. The President’s mother, Mrs. James Roosevelt, his sons and daughters-in-law, and Mrs. Anna Roosevelt Dall, daughter of the house, also were in the blue room looking after guests and Mrs. Nicholas Longworth and others of past administration were in evidence. Democrat and Republican administra- tions were freely represented and all seemed to enjoy alike the hospitality. Linger in State Dining Room. That diplomats like such a recep- tion as the Chief Executive and Mrs. Roosevelt extended was shown by the way they lingered long in the State dining room, the red corridor, many returning to the blue room to chat with officials. Quite noticeable was the hasty departure of the Ambas- sador of Japan and Mme. Saito and their suite, the largest in the corps, and that of the Minister of China and Mme. Sze, who left almost im- mediately after being received. ‘There were many new diplomats in the company, four Ambassadors and 10 Ministers, who have presented their credentials since the reception for them given by the President and Mrs. Roosevelt December 7, 1938. Also four charge d'affaires at the party were attending their first state reception at the mansion since tak- ing up their new duties. The coun- tries having new heads of missions who were at the reception were: Ja- pan, Spain, Brazl, Turkey, The Netherlands, Hungary, South Africa, Uruguay, Norway, El Salvador, Egypt, the Dominican Republic, Costa Rica, Haiti, Belgh;m. Lithuania, Colombia SlR[]VlEH m []'EF[R ?Beauty, Color and bignity At Diplomatic Reception s of Ministers, Am- Tests for 100,000 New Deal| bassadors and Military and Naval to Occasion. Peru, Senor Don Manuel de Preyre y Santander, who is without an offi- cial hostess in the Capital. Senora de Espil was a lovely figure in a gown of silver lame, made with a long train. She wore brown gloves and slippers and her evening baj was also brown. Senora de Espil wore no jewels. Senator and Mrs. James J. Davis were amon gthose from the Upper House, the latter in oyster white lace, the pattern picked out with rhine- stones. Representative and Mrs. Sol Bloom attended with their daughter, Miss Vera Bloom. From the Lower House was Repre- sentative Edith Nourse Rogers, in oyster white lace, fashioned long and with a flounce in the skirt and made over silk. The Surgeon General of the Public Health Service and Mrs. Hugh S. Cumming, recently returned from South America, were present, Mrs. Cumming in & handsome gown of red and gold lame, made simply and with- out trimming. Assistant Secretary of State and Mrs. Wilbur J. Carr were among early arrivals, Mrs, Carr wearing & black chiffon gown, the bodice having a deep yoke of gold sequins and with this she wore torquoise blue gloves. Mr. and Mrs. Welles Present. The Assistant Secretary of State and Mrs. Sumner Welles also were in the company, the latter wearing deep ivory satin with a sash of deep blue velvet, the streamers falling to the hemline and with which she wore diamond necklace and earrings. Miss Mary B. Adams had on a be- coming gown of delf blue moire fashioned on simple lines, the skirt quite long. Mr. and Mrs. George Adams Howard were guests, the lat- ter in a gown of gold lame, fashioned with a train, and she wore a jacket effect of moss green velvet. The waist- line was marked with an antique buckle. Mr. and Mrs. Harry Hickey were accompanied by the latter's brother- in-law and sister, Mr. and Mrs. John Remey of New York. Mrs. Hickey wore an effective gown of black net over gold lame. The bodice was made with a square neckline with narrow should straps of the lame. The skirt was cut in circular effect, the hemline banded with a deep ruffie of net. Mrs. Remey, who will leave today by air- plane for Savannah, where she will have dinner, is a well-known aviatrix and will stop in Raleigh, N. C,, for luncheon. Mrs. Remey wore to the party last evening a lovely gown of orchid green moire, the bodice made in the new mode with rows of tucking at the front. The skirt was full and made with a deep flounce. Mrs. Lawrence Townsend, wife of the former American Minister to Italy and Belgium, wore a gold lame gown with her famous amethysts in neck- lace, pendant earrings and tiara. She Bishop and Mrs. Freeman There, The Bishop of Washington, the Right Rev. James E. Preeman, and bassador to the Argentine and | Alexander WedelL “ | the President's church, represented the clergy at the party Mr. and Mrs. Elliott Roosevelt, son | and daughter-in-law of the hosts, were in the company. Mrs. Roosevelt wore heavy white crepe, the bodice of crystal and white sequins. Mrs. Dall was in bright red taffeta. the bodice having bands of crystals over the shoulders. q | The legai adviser to the Sccretary { of State and Mrs. Greesn Hackworth | were accompanied by their sub- | debutante daughter, Miss Helen Hack- worth, and their son, Mr. Earl Hack- | worth. Mrs. Hackworth was in a gown of black velvet, the bodice trim- med with white and silver lame, end her deughter was in a charming frock of cerese taffeta made on semi- bouffant lines. Curtis Among Guests, Past administrations were well rep- resented in the former Vice Presi: | dent, Charles Curtis, with his brother- in-law and sister, Mr. and Mrs. Ed- ward Everett Gann, Mrs. Gann wear- | ing a pale green chiffon brocaded in | & darker shade of green velvet. Mrs. | Patrick Jay Hurley, wife of former | Secretary of War, was a striking fig- | ure in a gown of dark green velvet with which she wore yellow gold | ornaments. | Mrs. Nicholas Longworth, widow of | the former Speaker of the House, wore deep rose tafieta, fashioned with full and flaring skirt and the bodice having a bertha of the same material which fell off the shoulders. She wore & diamond necklace and dia- mond pendant earrings. Mrs. Wil- Secretary of Labor, wore white satin becomingly fashioned and a string of pearis about her neck. Mrs. Hill, with former Representative John Philip Hill, was in the large company, the former wearing peach color lame with a diamond tiara in her hair and a diamond necklace and long pendant earrings. Mrs. Linthicum, widow of Representative J. Charles Linthicum, also of Baltimore, was with Mr. Keith Merrill of the State Department and Mrs. Merrill. Mrs. Linthicum was in pale blue satin and lace and Mrs. Mer- rill wore gold brocade. Mrs. Henry F. Dimock was among those from resi- dential circles, wearing a pale blue crepe gown, the bodice and lower part of the skirt being of lace of the same shade, and she wore a tiara, necklace and earrings of diamonds and pearls. Others at the reception were Mr. and Mrs, George Bowie Chipman, the latter in ice-blue satin with rhine- stone straps over her shoulders and & pearl necklace; Mr. and Mrs. Frank Brett Noyes, the latter in pale-blue velvet, made with a train and having a cape which was edged with ermine. Her ornaments were of pearls. Mr. and Mrs. Rudolph Max Kauffmann, the latter in dull-red lace, the bodice having dropped shoulders, the lace falling gracefully aver the arms; Mr. and Mrs. Fleming Newbold, the latter wearing black velvet gracefully made and having a scarf-like effect of the black velvet about the throat; Mr. and Mrs. Newbolll Noyes, Mrs. Noyes in black chiffon trimmed with bands of black velvet. District Commissioner Present. The Commissioner of the District and Mrs. Melvin C. Hazen were pres- ent, the latter wearing mauve lace; Mrs. Breckinridge Long was in a black velvet gown trimmed -g‘m coque feath- ers shading from black to grey. Sir Willmott Lewis and Lady Lewis were in the dm:n(uxshed eou;l:p:gz and others present were Sena Mrs. William E. Borah, Undersecre- tary of State and Mrs. William Phil- lips and their daughter, Miss Beatrice ; Senator Arthur Capper, the former Assistant Postmaster General . John H. Bartlett, Mrs. e Mr:n‘ndllfl. Miss Mabel Board- man and her niece, Miss Crane; Judge John Barton Payne, Mr. and Mrs. Stephen Bonsal, Mr. and Mrs. Arthur H. Tirrell, Miss who Dorothy was in a lovely gown of soft blue lace; Mrs. Cantacuzene Grant, grand- daughter of the late President U. 8. Grant, in a striking gown of gray crepe with & long red tulle scarf; Mr. and Mrs. Brice Clageit, son-in- law and daughter of Senator William Gibbs McAdoo; the Assistant Treas- urer of the United States, Mrs. Blair Bannister; Mr. and Mrs. Edward Clark, Senator and Mrs. Key Pitt- man, Senator and Mrs. Joseph Rob- and the United States Am- Mrs. [ liam Nuckles Doak, widow of former | 11S, ASKS COURT TORULEONN R G’overnment Files Appeal in Supreme Tribunal to Test Constitutionality. A direct ruling on the constitution- ality of N. R. A. was asked of the Supreme Court by the Government today after a year and a half of ccde rule of industry. The Justice Department filed with the court an appeal from a decision by Federal District Judge W. I. Grubb at Birmingham, Ala., declaring the in- dustrial recovery act and the lumber code invalid His decision said the recovery law exceeded the constitutional powers of Congress and contzined an unlawful delegation of legislative power to the President. " Amendment Prepared. Meanwhile, a broad constitutional amendment intended to protect most of the New Deal legislation from at- tack on constitutional grounds, was prepared by Senator Costigan, Dem- ocrat, of Colorado. It would empower Congress to leg- islate on hours and conditions of | 1abor, minimum wages and to regulate | industry and commerce to prevent unfair methods and practices. It seeks to limit court construction of the so-called “due process” clauses of the Constitution to the procedure and methods used, as distinguished from the substance of legislation. In his decision, Judge Grubb had further sustained a contention that the lumber code was an unlawful en- croachment on State rights and cons stituted taking property without due process of law. Point at Issue. In its appeal today, the Justice De- partment asked the high court to pass | on the validity of section 3 of the act, vhich provides for the punishment of ose who violate its provision in | transactions in or affecting interstate | or foreign commerce. | The case appeared involved dismis- sal by Judge Grubb of an indictment | against William E. Belcher, a pro- | ducer of timber and manufacturer of | lumber, who was charged with violat- | ing the code for the lumber and timber | products industries. The indictment | charged Belcher had worked certain | employes longer than 40 hours a week | and had paid one employe wages be- | low the code minimum. [HITLER SESSION FAILS IN PURPOSE | Mystery Meeting Unleashes Ru- mors It Was Called to Forestall. | By the Assoctated Press. BERLIN, January 4—Reichsfuehrer | Hitler's mysterious meeting with Nazi leaders created the paradox today of unleashing an avalanche of rumors the rally was designed to forestall. Berlin was taken by surprise by the suddenness of the gathering yesterday at the State Opera House, to which even Nazi newspaper men were refused admittance. As a result among ru- mors circulated today, all of them de- nied in official circles, were: ‘That 20,000 members of the Nazl porty have been eliminated. ‘That Hitler feared consequences of jealousy between the Reichswehr, or regular army, and the Schutz Staffel (picked Nazi guards). That some action was planned if there is too long a delay in returning the Saar to after the ex- pected favorable vote In the January 13 plebiscite. That the Reich may make an abrupt about-face in foreign policy by de- manding actual equality in arma- ments and a return of the long- mourned colonies. Even observers accustomed to Hit- ler's tactics were surprised at the un- - | expectedness ‘of the meeting, which brought cabinet members, Nazxi and military heads and secret police chiefs to the opera house 2,000 strong. Officially the meeting was described as a demonstration of Nasi solidarity, but other quarters intimated military plans may have been considered, in- cluding those for testing Germany’s air protection and us2 of gas in aerial combat. All high defense officials were t. Maria Mueller, German opera star, canceled passage to New York when informed Hitler wanted her to sing for the Nazi leaders. .