Evening Star Newspaper, January 9, 1935, Page 2

A-2 = - COURT VIEW HELD GUIDE FOR FUTURE Congress Delegation . of Code Power Seen Limited by 8-to-1 Opinion. BY DAVID LAWRENCE. The Supreme Court of the United States by its decision has not really prevented the shipment of “hot oil” from State to State—for this can readily be accomplished by a new law —but it has applied the brakes to those New Dealers who have had the mistaken notion for many months that the executive bureaus and com- missions can write laws. For a long while the New Dealers have been nervous about what the, Supreme Court would say about! many of the acts of the emergency] agencies of government, but they were hardly prepared for a virtually unani- mous decision of the ‘highest court in the land. It had been supposed that the court would divide by five to four, with the conservatives and lib- erals lined up against each other. Acts on Clear-cut Issue. But an 8-to-1 decision indicates clearly that when a clear-cut case of usurpation of power comes to the Supreme Court it will not hesitate to throw out such an attempt to take away rights that have not been and cannot be delegated. No longer, therefore, is it a ques- tion of “packing the court” by ap- pointing new judges to take the place of those who rule against the New Deal, for it isn't a divided court which has made the decision in the first important case involving Fed- eral power—it's a court in which conservatives and liberals stood to- gether. It can hardly be said that the oil decision was unexpected, because the Jawyers in the Interior Department already were working last Summer on a new bill, separate and distinct from | the national industrial recovery act, to take care of the “hot-oil” situation. Executive Discretion Discounted. But the basis for the supervision of oil shipments cannot apparently be executive discretion. Congress can prohibit interstate shipment of “hot oil” and it seems certain that the Supreme Court will uphold such a statute, because “hot ofl” is really stolen oil. This product is the oil brought to the surface in excess of the quotas set by the States them- selves, and the reason the States try to control output is hat oil will flow from one well to another underground and the owner will lose his supply unless he drills at the same time. Hence a surplus is created because it is virtually compelled if there is un- restricted drilling. i It is of transcendent importance to the business world that the new statute shall be based upon the broad conservation powers of the Govern- ment and upon the prohibition of | shipment of stolen goods in interstate commerce. It need not be in any way related to the broad power to regu- late production. For if it were con- ceded that Congress had the right to pass a law prohibiting shipments in interstate commerce of goods legiti- mately produced, then it would be pos- sible to fix quotas for all manner of articles and the Federal Government would thus obtain complete authority over business and industry, irrespec- tive of whether or not the production is wholly within a State. Implications Most Vital. It is, therefore, the implications of the decision apart from the effect | i . on the oil industry, which attract | ana, Mississippi, New Mexico, NormECOLLECTOR Nation-wide attention. For this is the first New Deal case decided by | the Supreme Court on the question of Federal power. The Minnesota | moratorium and the New York milk | cases both involved the question of | the power of a State within its bor- ders. ‘The latest decision is explicit in pointing out the weaknesses of the New Deal in drafting its statutes. This looseness of phrasing grew out of the atmosphere of panic and ex- citement which occurred in the first | few months of the New Deal. The court now has said that Con- gress can delegate, within certain limits, its power of administrative rulings to the Executive Department of the Government, but, in so dele- gating, the legislative body must be rather specific in telling the execu- tive how it wants its general policies or instructions carried out. Certainly the Executive Bureaus can not issue regulations that are outside the scope of the policy or rule laid down by Congress in the first instance. All Codes Seen Imperiled. Broadly speaking, the whale sys- tem of codes of fair competition under the N. R. A. has been imperiled, but there is nothing to prevent Congress, now that experience with the codes has been obtained, from writing more specifically what it wants the execu- tive agencies to do. These laws, how- ever, must conform to precedent as | to what is or is not interstate com- | merce. The States will have to deal out production inside State lines. 8o, in one sense, business can not derive the idea that the New Deal has been given a sef-back in its gen- eral objectives. But business can take comfort aut of the fact that, if the American economic system is to be readjusted and changed, it will have to be by orderly methods and by Processes not only within the spirit and the intent of the Constitution, but within the substance, as well. (Copyright. 1935.) o Immediate Pension For Unemployable Is Reported Near Federal - State Program Costta U, S, Is Put at $100,000,000, By the Assoctated Press. An authoritative source today said the administration was thinking of urging that a Federal-State system of pensions for eold people and needy mothers be set up almost immediately so_payments could start guickly. This was described as an attempt to take care of many of the 1,500, “unemployables” the Government is seeking to remove from its relief rolls to the care of the States. Hitherto, many observers have regarded such pensions as a plan for the more dis- tant future. Large, joint cantributions by the Federal Government and the States would be necessary if pensions were to start quickly under this plan. No figure is mentioned, though Senator Robinson, Democrat, of Arkansas, majority leader, has estimated $100,- 000,000 would be necessary to aperate the Federa] end of the socigl security PrOgTam — In unemployment insurance—for the j Joar. 4 !local) funds. ] What’s What Behind News In Capital Figures Show No Big Saving in Relief to Be Accomplished. - E curtailment program. It may be a shame to inter- rupt the universal cheering about the big Federal saving he is going to make by transferring unemployables on the ! relief roll back to the States, but it appears there is not going to be any saving worth mentioning. If you dig into it, you will find that the States have been contributing 344 per cent (roughly one-third) of all relief monies so far. That is the exact extent of their contributions during the 21 months ended last Oc- tober 1. It comes from Reliefer Hopkins’ own official F. E. R. A. figures. Well, the total mumber of un- employables which Mr. Roosevelt says he is going to make the States care for. hereafter, is 1,500,000, or roughly a third of the 5,000,000 heads of families on relief rolls. Even a sixth grade mathematician can figure out that it all adds up to the same thing. The States are now caring for roughly a third, and, after Mr. Roosevelt gives them the unem- ployables, they will still be caring for a third. As a braintruster would say, it is one-third on one hand and two-sixths on the other. LY PAUL MALLON. VERY one seems to have jumped | to the wrong conclusion about President Roosevelt's relief You may not have noticed it, be. cause no one else did, but Mr. Roo: velt did not say anything about a ! saving. What he said was that the Federal Government must and shall quit this business of relief. Then 4n the next breath he told about putting 1,500,000 | unemployables back on the States. He also graciously added he would help the backward States to care for them. Of course, most people assumed that the Federal Government, was getting out of the relief business, at least to the extent of 1,500,000 bread win- ners, and you would hardly expect a | New Deal press agent to come out with a denial of that interpretation. The fact is the States will pay just about what they have been paying, the Federal Government will pay about what it has been paying and the taxpayers, who support them both, will pay just about what they have been paying. Possible Difference. ‘There may be one big difference. The 34.4 per cent figure represents the average contribution by all State (and Some States and local- ities have not been able to p~y that much of their relief bill, while other States have paid more. For that reason, it appears Mr. Roosevelt’s program will ease the pres- sure on States which have been paying more than 34.4 per cent but increase the burden of those which have not | | paia that much. Such States as Alabama, Arizona, Arkansas, Florida, Kentucky, Louisi- Carolina, Tennessee, South Carolina, ‘West Virginia will have to dig up more money, probably with Mr. Roosevelt's promised assistance. States like Delaware, lIowa, Kan- sas, Maine, Massachusetts, New Jersey, New York, Conmnecticut, California will find that their obli- gations to the 1,500,000 unemploy- ables are mot as great as their present payments, Of course, no one yet knows how Mr. Roosevelt is going to segregate and allocate the unemployables. He has been asked the question several times and has indicated that the plan in not yet fully worked out. Similarly, there is the question about some States having more unemploy- ables than others, but the determina- tion of that will require higher mathe- matics, if not magic. Highs and Lows. The highest and lowest percentages | contributed by States and localities | over the 21 months’ period cited above | included: Massachusetts, 66.7; Con- | necticut, 63.9; Delaware, 65. York, 51; California, 46. 36; Miehigan, 27.7; Minnesota, 25.2; Missouri, 23.1; New Jersey, 44.3; Ohio, 33.3; Pennsylvania, 35.4; Texas, 32.7; Wisconsin, 28.7; Alabama, 4; Arkansas, 3.2; Florida, 2.9; Georgia, 89; Ken- tucky, 9.8; Lousiana, 6; Mississippi, nine-tenths of 1 per cent; North Caro- lina, 6.1; Oregon, 9.8; Virginia, 16.2; | ‘Tennessee, 2.8; South Carolina, 1.4, ‘The best excuse for absence from work has now been found. There is no copyright on it. You ean use it if you want to. It was discovered by @ cub re- porter here who happened to be absent on his first day of work. He reported next day that ke had been chasing cockroaches in Mr. Roose- velt’s swimming pool at the White House. 1t was true. The mewsman is from @ distinguished jamily. As he neared the ofice for his first day of labor, he met one of the younger Roosevelts who was his friend. They decided to go swim- wming in the White House pool, be- came absorbed in eradication of bugs until it was too late to work that day- During the last few days, for the first time, the New Deal has been unable to direct the extent of its own publicity. The Hauptmann trial un- questionably detracted from popular attention given the President's mes- sage end the budget could not com- pete with Betty Gow on the stand. Postmaster General Farley intends to write & lot of letters mext year. His stationery appropriation is being increased 25 per cent, allowing him $20,000. It may be merely coinci- | box, Hutsler said. THE _EVENING STAR, WASHINGTON, D. C, WEDNESDAY, JANUARY, 9, 1935. DL AGENTS SLAY | BREMER SUSPEGT Mortally Wounded Trying to “Shoot‘ It Out” With Federal Men. By the Associated Press. CHICAGO, January 9.—Federal agents have struck again in their war on crime—this time to kill Russell Gibson, 32-year-old suspect in the $200,000 kidnaping of Edward G. Bremer, wealthy St. Paul banker. Trapped in a North Side apart- ment last night, Gibson, an ex-convict, and reputed member of the abduction gang of Alvin Karpis and Arthur Barker, attempted to shoot it out with a picked squad of 16 agents, but his miniature machine gun jammed, and | Lie fell mortally wounded. Vest Proves Useless. Two bullets from the quick firing rifies of the Federal men hit their mark and one of them found a fatal spot despite the fact that Gibson, who was also known as “Slim” Gray, was wearing & “bullet-proof” vest. The bullet penetrated the vest. Gibson died in a hospital early today. Gibson attempted to flee out of the back door of the apartment not far from the spot where John Dillinger was shot and killed last July 22, only to meet the withering fire of the agents. Gibson fired as he ran, but was able to shoot but one bullet before his weapon failed him. g Two Others Surrender. Meanwhile the agents had flooded the apartment with tear gas, forcing the surrender of a man and a woman, who identified herself as Mrs. Clara Gibson, widow of the slain gangster. The identity of the man was not dis- closed. He was at first identified by the agents as Willie Harrison, a for- mer St. Louis golf professional and member of the Karpis-Barker gang, but later Harold Nathan, assistant to J. Edgar Hoover, director of the Fed- eral Bureau of Investigation, an- nounced that the man was not Har- rison. The raid was the culmination of a week’s surveillance over the apart- ment where Gibson had been living for three months. How the agents discovered his whereabouts was not | disclosed, but their plans for their latest thrust at the underworld ele- ment were carefully laid. Under the direction of E. J. Con- nelley and others attached to the local office of the division of investi- gation, the agents surrounded the place before attempting to get their {man. When they knocked on the | door there was no answer, but almost |at the same time Gibson dashed out iof the rear door. Admits Identity, | Before he died he was questioned 1by Agent Thomas Myers, but ad- { mitted nothing except the identity of | himself and his wife, and to name | his male companion as a man named | “Willie.” He refused to answer other | questions, In addition to the Bremer kidnap- ing Gibson was was wanted for the robbery of $75.000 from a bank mes- |senger in Oklahoma City carrying funds from the American First Na- tional Bank May 24, 1929. He es- caped from the Oklahoma County Jall in August, 1929, where he was held for questioning in the crime. Department of Justice records dis- | closed that warrants were outstanding changing Gibson and his wife with' transporting a stolen car from St.| Joseph, Mo, to Oklahoma City in| ROBBED AGAIN BY HOLD-UPS | Two Men With Drawn Pistols| Take Box of Change in Early Robbery. { ! Mervel A. Hutsler, 50, 1452 Ogden street, collector for the A & W Hot | Shoppes, was robbed of $180 early | today when held up for the second time in little more than seven months. Two men, with drawn pistols, took from him a metal box containing the sum as he stopped near a branch of the Shoppes at 1240 Fourth street northeast. Hutsler was preparing to take change to the establishment for use during the day, before making the day’s first collection there. As he started to get out of the truck a man stood on each side and one of them took hold of the money “I first thought some one was joking with me until one of the men pulled at the box. pointed a pistol at me and said ‘give me this bag,’” Hutsler related. The robbers fled across a vacant lot in the dark and escaped. Hutsler said he had just unlocked the box to get at the change when held up. The box is a strong one, he said, and otherwise the men would have had difficulty in breaking it open. Last June 3 Hutsler was robbed of a sum, he said, of about $1,700, by two men who forced his truck to the roadside about five or six blocks away from where today's robbery took place. ‘Then, after securing the money, one of the men took the ignition key from the truck before driving away in an automobile. . ROOSEVELT TO RETURN T0 DESK IN AFTERNOON Press Conference Is Postponed. Has Lunch Appointment With New York Lawyer. By the Associated Press. . Deciding his head cold was about | cured, President Roosevelt arranged today to return to his desk in the executive office. ‘The hour for the regular press con- ference was moved from 10:30 a-m. to | 4 p.m. to permit him to stay in the Executive Mansion this morning. His only other appointment was a luncheon with Roland Redmond, New York lawyer and friend. | FOUR SHOT BY MANIAC Man Empties Pistol at Group at Bar in Pottsville, Pa. POTTSVILLE, Pa., January 9 (). Three men and & woman were oriti- cally woungded in a taproom in nearby 8t. Olair last night by a man who dental that Mr. Roosevelt is up for| pa re-election next year. Santa Claus will be glad to hear that the Government is '“‘;f 10 spend $2.500 more for the Teindeer in Alasks (Copyright, 19360 |N. Senate Ladies Lunch at Capitol Wives and daughters of Senators yesterday re- sumed their weekly luncheons at the Capitol. The women do all the work, including the Above: Mrs. Warren W. Barbour, serving of the meals. wife of the New Jersey Senator, serving Mrs. John N. Garner, wife of the Vice President, who presides at the luncheons. Mrs. Cordell Hull, wife of the Secretary of State, is at the left. Below: Miss Ida Gufle};, a Senator (left) and Mrs. mes —Underwood Photo. sister of the Pennsylvania J. Davis, wife of the other Pennsylvania member, chatting at the luncheon. PRICE FIING SLPS ATREVISINTALKS Industry Gets Last Chance to Submit Evidence on Code Changes. By the Associated Press. - N. R. A. gave Industry its last op- portunity today to present evidence before the Recovery Administration lays out new policies expected to bring wholesale revision of codes and <limi- | nate many price controls | Some 250 code executives and busi- ness men came to discuss price policy with the National Industrial Recovery Board at an open hearing, the first of several on N. R. A. problems. | Many business men were expected to argue for the maintenance of some price control, although they might give up actual price fixing except in emer- gencies. N. R. A.'s stand was that the burden of proof was on industry, since tentative. policies of the Blue Eagle | agency now are against price fixing. | | Each Code Open to Change. | Each industry or group of industries may debate with the board before the new policles are applied to specific codes. N. R. A’s economists have prepared | a price study for the business men to | indicate the present stand. This, | officials say, shows that gheater price | flexibility is necessary to increase pro- | duction and employment—prime pur- poses of the recovery act. | The study also cites evidence to show that codes have tended to make prices | rigid, although it contends consid- erable rigidity existed long before R.A. Farm Prices Held Flexihle. The marked fexibility of farm prices as compared to the industrial prices is | also noted and the ecoromists find | that farm price decreases were caused io a considerable extent by the rigidity | of industrial prices. The document | says “the net result of administered (that is, rigid) pricesis thus to impair or destroy the adjustability of the ! economy.” | The hearings today were of particu- lar interest to Congress, because con- | gressional critics have attacked price | fixing and what they termed mo- | nopoly. | RADIO MEETING PLANNED | Engineers Will Experts | After Banquet Monday. | | F M. Ryan and F. X. Rettenmeyer of the Bell Telephone Laboratories, Inc., will deliver a paper on “Radio Apparatus for Mobile Applications” at a meeting of the Washington Section of the Institute of Radio Engineers Monday night at the Potomac Electric Power Co. auditorium, Tenth and E streets. The meeting will be preceded by an informal dinner at Schneider'’s Res- taurant at 6:30 p.m. Hear Life’s Like That BY FRED —Wide World Photo. | | bor, thwarted by the fog from making | | i | D—efinition by High Court * Urged to Guide Congressl Clear Course in Framing Laws Seen Possible Only by Elucidating “Dele- | gation of Legislative Power.” \ BY G. GOULD LINCOLN, | ‘The “Hot Oil” decision of the Su- of the national industrial recovery act, brought today a demand from some of the influential members of Con- | gress that the highest court “define a delegation of legislative power.” Only by such action on the part of the court, these legislators insisted. would | it be possible for Congress really to steer a clear course in framing legis- ation. “The opinions of the court, when | considered all together,” said one | Senator, a constitutional lawyer o!i high repute, “leave varying impres- | sions and understanding of what con- ' stitutes a delegation of legislative | power.” He mentioned the opinion of the | court, handed down by the late Chief | Justice Taft, upholding the constitu- | tionality of the flexible tariff provi- | sions of the Smoot-Hawley tariff act, | under which the President was au- thorized to raise or lower by 50 per cent the tariff duties. This authority, | the Senator said, was purely legisla- | tive. New Deal Tariff Law. The new deal tariff law, however, goes beyond the old flexible provisions of the Smoot-Hawley act. It gives the | President authority to negotiate recip- | rocal trade agreements with other na- | NEHER. “FHAT GUY MUST HAVE A BIG PULL TO OFT A LOW NUMBER LIKE THAT o v . 19350 tions, and to raise or lower the tariff duties to the extent of 50 per cent, | | preme Court of the United States, | 8 he sees fit, in order to facilitate | | attacking as unconstitutional one part | such agreements. During considera x| tion of the measure, in the last Con- | gress, it was attacked by Republican opponents as unconstitutional. But the administration forces jammed it through. A definition of the delegation of | legislative power, it was urged, could | well state that any law which author- 1zed the Executive to use his “judg- ment” or “discretion” in administering a law in effect made the Executive a legisiator. Senator Costigan of Colorado, Dem- ocrat, and ardent New Dealer, intro- duced the other day a joint resolution proposing to amend the Constitution | so that all the New Deal legislation should be constitutional. One of his colleagues remarked to- | day that it would “take longer to get | such an amendment ratified than the | New Deal will last.” | Borah Sees Codes’ End. The codes of fair competition, set up under the N. R. A. cannot stand, but must fall, in the light of the “hot oil” decision of the Supreme Court of the United States, in the opinion of Senater Willlam E. Borah of Idaho. “The logic of the decision,” said the Idaho Senator today, “would seem clearly to include the codes of so- called fair competition. Let me give you an iliustration. - “A man writes me he wanted to start an ice plant. The community wanted him to start an ice plant. The code authority issued an order, or law as you may eall it, that he could not start an ice plant. One of the parties issuing the order, or enacting the! laws, was a man who had an ice plant | in the same town. “Here you have legislation without any standard by private interests and by interested parties. If the man vio- lates the order, he is sent to jail. “With all due respect, I say that this order violates at least half a dosen provisions of the Constitution of the United States.” Senator Barah's opinion that there has been “legislation” for industries on a wide scale under the administra- tion of the N. R. A. and that it is sub- Ject to the same kind of attack in the eourts as was the section of the recov~ ery act dealing with hot oil, now dGe- ;hred unconstitutional, is spreading ere. The Idaho Senator said, too, that it has a duty to perform which it has neglected. “The decision at least admonishes Congress that it has & duty to per- form,” he said. “The duty is to legis- late, not abdicate. That duty it owes to the people who elect the 1% i £ ! £ g i z8 Ed > &~ § o = L il H i i | promised. | Scuthward today, the only place pos- | | bar. T0 DEPART TODAY Air and Water Traffic Halted by Mist All Over East- ern United States. Fog enveloping the eastern portion | of the country from Maine to the Carolinas and west to the Mississippi | Valley is expected to lift by nightfall. A light rain i forecast by the Weather Bureau, but the unseasonably mild temperatures—some 15 degrees above normal—will continue until tomorrow. Then rain and colder weather are Not an airplane has flown from the: Capital to any point north, west or south in 50-odd hours. H Low ceilings all the way to Raleigh | and Greensboro, N. C., preclude the | possibility of resuming air travel! sible to start action. | On the Potomac, enshrouded in fog and encased in mud, the Norfolk & Washington Steamboat Co.’s liner Dis- trict of Columbia is still fast aground —since Monday night at 10:50. Two! tugs stand by trying to get her off the New Ycrk Harbor is cluttered with ocean-going liners, unable to dock until the fog lifts. From the Weather Bureau predic- tion comes that visibility may return to the Chesapeake Bay region today. On the old bay some 10 steamers are stranded, held up by fog. A slight drizzle this morning, fol- | lowed by a swift but heavy rainfall, added to the hazards of traffic. y COLD TO END FOG TIE-UP. Forecast Promises Restoration on At- lantic Seaboard. Atlantic seaboard shipping was still tied up, with at least seven vessels waiting outside New York Harbor for the fog to lift and a number of ships anchored in Massachusetts waters un- able to move. For the second night In succession, the Eastern steamship liner Acadia was held in Boston Har- her night trip to New York Ferryboat movements in New York | were uncertain. Two East River ferry | boats were lost for three hours last night after one had gone aground and the other had succeeded in pulling her free. They finally showed up after river police had started to comb the river for them. | Alr travel was virtually at a stand- still in the East and parts of the West | wk_lg]e !;Jg also prevailed. e fate of an airplane heard fly- ing blindly over Chicago last evemr{g} was unknown. The ship, believed to have been a private plane, flew through a blanket of fog for three hours try- ing to find a landing place, but with | the coming of darkness its motor could | no longer be heard. | DOHERTY SECURITY SALES ARE UPHELD Massachusetts Purchasers Fail in | Court Attempt to Recover Money. By the Associated Press. BOSTON, January 9.—Five Massa- chusetts purchasers of stock of the Cities Service Co. on the installment plan were balked last night in at- tempts to recover their money, even :hough the contracts under which they bought the securities were admittedly illegal. The United States Circuit Court of Appeals ruled that although the New York brokers in the stock failed to comply with Massachusetts laws re- quiring prior approval of partial-pay- ment plans of stock purchase, the pur- chasers, once the last payment has been made, were not entitled to re- lease from the sales contracts and the | return of their money. The installment sales of Cities Serv- ice stock were made during the last years of the great bull market by Henry L. Doherty & Co., of New York at prices which brought the total of the purchases of about 200 Massa- chusetts investors to about $200.000. Thomas J. McAuliffe and four other residents of Boston were the petition- ers in the case, and had won a pre- liminary victory in the Federal Dis- trict Court prior to the Circuit Court ruling today. BOY KING GIVES MOTHER BIRTHDAY SEWING SET Peter Saves His Pennies to Help Widowed Queen Observe 35th Natal Day. By the Associated Press. BELGRADE, January 9—Little King Peter helped his mother, the widowed Queen Marie of Yugoslavia, celebrute her 35th birthday anniver- sary today. The event, however, was saddened by memories of the recent assissina- tion of King Alexander. For three months little Peter has denied himself candy to save his pennies in order to purchase a sewing set for his mother as a birthday gift. His little brothers, Tommy and Andi, gave flowers. The qneen mother has received many Dbirthday felicitations from friends in Europe and the United | States. POOR VISION.IS BLAMED FOR POISONING FAMILY By the Associated Press. NEW ORLEANS, January 9.—The failure of Mrs, Henry J. Legendre to put on her glasses when she pre- pared breakfast was blamed for the m«nlnl of seven members of her ily with insecticide. | Mrs. Legendre said she picked up a portion of substance from the wrong sack on the kitchen shelf and, al- though the cornbread in which she | always uses a little wheat flour didn't look quite its golden color that morn- ing, members of her family ate it. 8ix of them became violently ill and were brought here for treatment. All had recovered today sufficiently to b2 taken back to their home. IFOG SHROUD DUE SAAR RIOT QUIETED NEAR NAZIS' BASE Move to Place Propaganda for League Control of Basin Causes Stir. By the Assoclated Press. SAARBRUECKEN, Saar Basin Ter- ritory, January 9.—A battle between Nazis and anti-Nazis broke out at . noon today in Waterloo sireet, but was quickly suppressed by overwhelming forces of police and the landjaeger (gendarmes). The section where the turmoil reigned is one of the city’s choicer residence districts, and the Nazi Ger- man Front headquarters are located on Waterloo street, It was a Waterloo for both sides, for Maj. Hennessey, chief ot the Saar civil police, personally led the forces of law and order into the fray and squelched the combat before it could develop beyond the fisticuff, club and kicking stage. Propaganda Papers Scattered. The riot started when a detachment of acherents to the proposal that the Saar Basin Territory should stay un- der the League of Nations, raided Waterloo street, scattering propaganda newspapers on the sidewalks and in the front yards of homes, Several hundred Nazis immediately appeared and a battle royal began. Heads popped out of windows all along the street. Most of the heads emitted cheers for the Nazi side. In a few minutes police lorries roared into the thick of the fighting and other police surrounded the battle area. They took many names but, ac- cording to Maj. Hennessey, made no arrests. Both sides claimed they had suf- fered wounded but no one was sent to a hospital. German Border Watched. Police are being concentrated along the German border, it was disclosed today, in final preparation for the Saar plebiscite Sunday. The landjaeger (Gendarmes), de- spite the protests of Nazis, have been shifted by the Governing Commis- sion from the French to the Ger- man side of the territory, leaving the French border protected only 5y municipal policemen and 100 Italian troops. Nazis are furious over the obvinus intimation that, if trouble come the momentous Sunday, it will come from Germany. They protested, charging the landjaeger had heen withdrawn principally in the Warfdt district, where it has been predicted most of the votes will favor a union with France. Spies Swarm Territory. Spies swarm throughout the terri- tory. Tales of espionage and r~cin- ter-espionage are recounted aaily Documents from one side or the other disappear almost daily, some- times, it is said, from locked safes. A “museum,” composed largely of such documents, will be opened to- night by Nazis at Kaiserslautern, Germany, 10 miles from the Saar frontier. Preliminary voting ends today when a circulating voting bureau finishes its rounds of hospitals and prisons. Those Arrested May Vote. Most of the civil employes eligible to vote Monday and Tuesday decided to wait until Sunday to cast their ballots. The commission has ruled that all persons arrested between now |and Sunday will be permitted to go to the polls accompanied by a guard Communists, who favor remaining under the League of Nations, may not win against Nazis, eager to af- filiate with the Germany of Adolf Hitler, but early today they still had the upper hand of the Nazi municipal government here, which seeks to oust them from their headquarters. The city government recently bought the building containing the head- quarters, but the Communists ignored an eviction notice. Throughout last night they defled police to oust them. . TRAFFIC INJURIES FATAL TO VIRGINIAN Charles Ashby, 52, Succumbs to Hurts Received in Novem- ber—Is Third Victim. ‘The third traffic death of the year occurred today, when Cherles Ashby, 52, of Cherrydale, Va., cied in Emer- gency Hospital of injuries suffered last November 23, at Connecticut ave- nue and Porter streets. The automobile which struck Ashby was operated, according to eighth precinct police, by Allen R. Crain, 2043 Tilden street, who was not held. When Ashby was taken to the hos- pital he was said to have been suf- fering from several fractured ribs, and it was not at that time believed his condition was serious. While Ashby's death resulted from an accident which occurred last year, police are holding all such deaths as a part of this year's traffic fatality tol! December Circulation Daily..119,616 Sunday 127,803 et of Columbia. ss: DIgtrigt O SORFIANN pssistant Businecs Manager of THE EVENING AND STNDAY STAR does solemuly swear that the ac- tual number of coples of the paper name fold and distributed during the month of December A.D. 1934, was as follows: Average daily met maid circula- Dailv average number of copies for service. etc. hmstads Daily average net circulation. .. SUNDAY. CATHOLIC TEACHER DIES Aloysius A. Nusang Active in| Church 8ince Civil War, KANSAS CITY, January 9 ()— Aloysius A. Nusang, 90, active in the United States Cuples. Days. RS ] Less adjustments Total Bunday net eireulation. T t paid Bunday circula- Average net paid ¥ P L) Average Sunday net eivoulation. . 197567 8. H._ KAUPFMANN. Asst. Business Manager Subsoribed and sworp Lo bgfore me this ul “Raealy """'"s'uulfi.k Souny T