Evening Star Newspaper, January 23, 1935, Page 2

A—2 sxx GOLD CASE STIRS UNUSED CLAUSE “Forgotten™ Provision of Constitution May Have Bearing on Decision. BY DAVID LAWRENCE. A “forgotten” section of the Consti- tution may play a part in the con- sideration of one of the “gold clause” cases. Little noticed during the argument before the Supreme Court—in fact, never construed before in any court decision—the constitutional section reads as follows: “The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection and re- bellion, shall not be questioned.” Prior to a fortnight ago no cases ever invoked this particular section, but during the argument before the Supreme Court one of the claimants made the point, and while there were no other references to it on the part of Government counsel or anybody else, the briefs did indicate the his- torical background of the section. Conflict Pointed Out. A member of the New York bar, P. J. Eder, writing in the Cornell Law Quarterly in December, 1933, first pointed out that while this consti- tutional provision has lain dormant for years it conflicts with the attempts of the Goverenment to pay in cur- rency what it should really pay in gold. The “gold clause” cases are of two kinds—those which argue that the Government has a right under its coinage powers to end gold payments and thus compel private persons to discharge debts in currency, because it is illegal to hold gold, and those which say that the Government itself when a contracting party on bonds must fulfill its promise to pay in gold The fourteenth amendment was adopted just after the Civil War and there was debate in Congress then about possible repudiation of the national debt. Senator Wade, in ar- guing in support of the censtitutional amendment quoted above, said: “It puts the debt incurred in the Civil War on our part under the guardianship of the Constitution of the United States so a Congress can- not repudiate it * * * I have no doubt that every man who has prop- erty in the public funds will feel safer when he sees that the national debt s withdrawn from the power of a Con- gress to repudiate it and placed under the guardianship of the Constitution than he would feel if it were left at loose ends and subject to varying ma- Jorities which may arise in Congress.” In the House of Representatives at the same time a resolution was adopted declaring it the sense of the House “that any attempt to repudiate or in any manner to impair or scale the debt should be universally dis- | countenanced.” Senator Hendricks, who was de- bating the proposed constitutional amendment and was opposed to it, in- sisted the amendment was superfluous as nobody would question the Govern- ment's intention to pay in gold. Proposals to pay the public debt in paper currency were freely being made 8t that time and the constitutional amendment was unquestionably in- tended to prevent any repudiation of the Civil War debt by any future Congress. But did the constitutional provision refer only to the Civil War debt or to all future debt of the Government? Had it referred to the Civil War debt only, the amendments doubtless would have said so, and usually a change in the Constitution is not meant to apply to a particular situation, but to any similar contingency which might arise 1n the future. Validity Challenge Denied. ‘The Government counsel, in touch- ing on this very section of the Con- stitution, told the Supreme Court 10 days ago that there has been no ques- tion of “the validity of the public debt” and declared that the word “validity” refers to “the essential ex- istence of the obligation.” It was further argued by the Government’s lawyers that the action of Congress “does not denounce or repudiate the Government's obligation.” Is devaluation of currency or refusal to pay in gold,a repudiation? This is one of the very points now before the Supreme Court. President Grant in his inaugural address on March 4, 1869, held the view that payment in paper currency was repudiation. He said: “To protect the national honor, every dollar of Government indebted- ness should be paid in gold, unless otherwise stipulated in the contract. Let it be understood that no repudiator of one farthing of our public debt will be trusted in a public place.” So if the “public debt” provision of the Constitution plays a part in the decisions hereafter it will be truly a forgotten section come to life again. (Copyright. 1935.) ICKES’ PRESS RELEASE, RAPPING COLLEAGUES, QUICKLY WITHDRAWN (Continued From First Page.) T. Weber Wilson of Mississippi as Federal judge of the Virgin Islands. ‘These criticisms of Wilson as prose- cuting attorney, judge and jury were substantially the same as those of Ickes himself after Wilson convicted Leonard W. McIntosh, chief clerk of the islands’ public works department, of appropriating $48 worth of Govern- ment property to his own use. Sentencing of Employe. The case, Swing said, “promises to become notorious in American juris- prudence because Wilson, acting both as prosecutor and judge, sentenced a Government employe whom the Gov- ernment refused to prosecute.” Wilson was further described as a “party man out of a job,” who got the judgeship “through the Depart- ment of Justice via Homer Cum- mings via Jim Farley via Pat Har- rison.” “It must be assumed,” the article continued, “that Attorney General Cummings knows about the remarka- ble attributes developed by his ap- poinee, but Wilson still retains his Jjudgeship. * * * The case is a further stigma on the practice of mak- ing political appointments without re- gard to fitness or ability.” NEW YORK, January 23 (#).—Ray- mond Gram Swing, author of the article, “Justice in the Virgin Islands,” which appeared in the Nation, said today he was “completely mystified” as to why his essay was reprinted on a Department of Interior letterhead. “I haven't been in Washington since Sunday,” he said, “and I haven't the slightest idea why some one there should distribute my article as a ‘@emorandum to the press.’ " What’s What Behind News In Capital Business Allows New Deal to Have Truce. BY PAUL MALLON. HERE has been a notable ab- sence of public shooting back and forth between the recog- nized spokesmen for business and the New Deal during the last few weeks. The late Fall firing pletely died away. The New Deal | forces have been quiet also, except for | such mild darts as the crooning co- ordinator, Donald Richberg, has aimed in a very general way. This apparent truce is singular in view of the elaborate yawn emitted by the White House at the corrective suggestions of the late White Sulphur Springs Dbusiness { conference, but it is substantiated by the added fact that business did | mot seem to resent the yawn in the slightest. ‘There is really reason to believe that |'a mutual basis of better understand- ing has been worked out between the administration and business. And that, while it could hardly be called har- mony, it is at least an encouraging co-operative effort. One explanation of it may be found in the belated story as to what really | happened to the White Sulphur rec- | ommendations at the White House. You may recall that the White i\\eeks ago that the suggestions were | still at the bottom of the pile of President Roosevelt's incoming mail. The fact appears to be that Mr. Roose- | velt read the recommendations almost in full in the New York Times the day after they were submitted. There was, therefore, no reason why he pile for them. At least, that explanation is current among the business spokesmen here and is considered sufficient by them It is. in fact, the real reason why they did not feel hurt at the seeming { slight paid them by Mr. Roosevelt's | letter filer. Another reason is that the relief program which Mr. Roosevelt sub- mitted to Congress is a small begin- ning of what the White Sulphurites recommended, i. e., Federal withdrawal | from relief activities. Council Important. Roosevelt has superseded the White Sulphur contacts by a set-up of his own choosing. It is Uncle Dan Roper’s Commerce Department Business Ad- visory and Planning Council. You mever hear of the council because it shuns publicity. Yet it has been working more energetically of late at serious studies of New Deal -agencies and talking over ‘mutual problems with Mr. Roose- velt’s men. It has been especially active in R. F. C., F. E. R. A. and N. R. A. And it is composed of most of the same business leaders who attended the White Sulphur Springs meeting. In view of this thoroughly laudable co-operation, the business spokesmen are inclined to be reconciled for the time being to New Deal necessities. The international disarmament sit- uation also seems to be slightly better. The best informed State depart- mentalists have data indicating that Britain, France and Italy are sincere, for once, in trying to get together. Britain and Italy appear to have eased the French into a position where they may be willing to acquiesce in Ger- many’s rearmament. France also is being edged toward abrogation of the military clauses of the Versailles treaty. That would certainly be a diplomatic victory for the Nazis. To Clear Situation. If it happens, the big three would agree to abrogate the treaty and to recognize Germany's existing arma- ments, if Germany will disclose the extent to which she has rearmed, tation agreement and return to the League. This will not cause any disarma- ment, but it will clear the existing situation. All France stands to lose is that she will have to concede rec- ognition of Germany's rearmament, to which she is now playing diplomat- ically blind. Inside the Treasury. The biggest hush-hush man in gov- ernment is Archibald Lockhead, a sandy-haired Scot who once flew war airplanes over Flanders. He is one of three men who share the unfathom- able secret of what is being done with the $2,000,000,000 stabilization fund. Mr. Lockhead sits in a Treasury cubbyhole daily, watching three financial news tickers. Whenever the dollar dips or 200ms, he lets Mr. Morgenthau know. The only other person in on the stabilization fund daily conspiracy is Treasury Undersecretary Coolidge. ‘They will have to deny it, but their chart recently indicated they were $2,000,000,000. Complains to President. A well known congressional leader for Mr. Roosevelt paddled down to the White House not long ago and complained he was not being treated right. He said one of his adver- saries was & White House favorite. Mr. Roosevelt demanded proof, whereupon the leader pointed a fig- urative finger at the presidential as- sociate, Louis Howe. The President said he had known Mr. Howe for many years and never Imez him to play favorites and asked The leader President. The President laughed and asked why not, in view of the fact that the Vice President and the sup- posed favorite were bosom companions. The laugh ended the matter tem- porarily. (Copyright, 1035.) Rayon Output Climbs. Rayon production in Italy continues to increase. from the business side has almost com- | { House spokesman last indicated several | should go to the bottom of his letter | More revealing is the fact that Mr. | promise to abide by a new arms limi- | short then only $200,000,000 of the | ho else. | then named the Vice | THE EVENING STAR, WASHINGTON, D. C, WEDNESDAY, JANUARY 23, 1935. (4 000 HERE OPEN ROADS SESSIONS IDistrict Delegates Push Safety in Huge Program of Builders. With the expediting of a great na- | tional highway program as a recovery measure, elimination of traffic hazards in congested areas and construction of an international road system to con- nect the countries of the Americas as major portions of their agendg, near- ly 4,000 delegates to the thirty-second annual convention of the American Road Builders’ Association today set- tled down to their first full day of business at the Willard Hotel. The convention resolved itself dur- ing the morning into four separate major sessions and three separate meetings are being held this after- noon. At these sessions District of Columbia delegates, with the memory of a 1934 traffic death toll of 135 be- hind them, insisted upon considera- tion of traffic safety measures. Demand for regulation of pedestrian traffic as an imperative safety meas- | ure was voiced today by M. O. Eldridge, assistant director of traffic of the Dis- trict. He declared that statistics show | that a majority of persons killed or injured in traffic accidents are pe- | destrians and that tnis holds true not | only in Washington, but generally in | all cities. Pedestrian Practices Hit. Mr. Eldridge told the delegates that a recent pedestrian study in Washing- ton indicated that 36 per cent of pedestrians cross or attempt to cross streets against the red light. “These facts,” he said, “clearly indi- cate that the real answer to this preblem lies as much or more with | the pedestrians as with the drivers | Until the pedestrian learns that it is extremely dangerous to walk out from | behind parked cars and cross the street in the middle of the block or to cross | at a controlled intersection against the | signal, and until the parents of small | children learn that they cannot per- | mit their offspring to play in the street, this annual slaughter is bound o continue | Eldrdge said that he is convinced by | | the study he has made that “sooner | | or later, a definite regulation will have to be adopted which will make it | illegal for a pedestrian to cross the street in the middle of the block or to cress at a controlled intersection | against the signal.” The “traffic complex” | by J. Rowland Bibbins, local traffic consulting engineer, who analyzed | eight or more distinct types of city traffic operations. He hinted th: was outlined the phrase “in the public interest applied to traffic. which implies the power of “limitation” on private uses of public highways. Rigid control now applied to taxicab, bus and truck traffic, he intimated, “sooner or later | must extend to all urban traffic.” Modernization Need. ! Capt. H. C. Whitehurst, president of the association and head of the District Highway Department, in a radio address last night, pointed out { that the increase in the death toll on { highways shows the need for a thor- {ough highway modernization pro- gram, but pointed out that diversion of gasoline tax revenues in many | of the States makes it impossible for those States to adequately modernize and widen their roads. Capt. Whitehurst declared that at no time has the country been “more in need of a large highway program in every State.” “The facts presented,” he said, “will show that in a period of depression highways are more needed than ever— that they are needed not only for the | usual benefits that are derived from low cost and adequate transportation, but are needed now more than ever before to put men to work and relieve | the unemployment problem.” | Frederic A. Delano, chairman of the | National Capital Park and Planning Commission, characterized safety as “not only the first but perhaps even- | tually the most important problem of | road location and design.” He said that while great progress has been made, “the progress curve has not kept up with the fatality curve.” | City traffic, he said, cannot be made foolproof “unless the conduct of those | who drive cars and the conduct of | cross the streets is under intelligent, Inot too complicated, but effective | | regulation.” He declared that a car- | dinal fault is the making of rules which cannot be enforced. Mr. Delano ridiculed the idea that | subways would solve the traffic prob- | lem in Washington and declared that | their cost would far exceed any pos- sible benefits to be derived from their construction. He declared emphati- | cally that parking of cars on traffic arteries must be abolished. “Leaving a car parked on a lane of a main city thoroughfare,” he said, | “should be just as inconceivable and | impossible as it would for a train con- | ductor to leave a car or a train on | | the main line of a four-track railroad. If streets are to be used as thorough- fares they connot also be used as parking places and garages. Further- more, it would be far cheaper to buy occasional property for parking space. “The terrible death toll which can- | At Road Builders’ Convention Looking over road map of the United States at the exhibit of the American Road Builders’ Association con- vention at the Willard Hotel are, lef MacDonald, 84, originator of the A. R. B. A, who was president of the assoc! t to right: Robert B. Brooks, consulting was re-elected this year for the twentieth time as treasurer; William A. Vi trict of Columbia, and J. Borten Weeks, a director of the association, of Philadelphia. engineer of St. Louis, Mo.; James H. tion from 1904 to 1911 and who 1 Duzer, traffic director of the Dis- ar Staff Photo. LIQUOR SALE NEAR LIBRARY SCORED Bowerman Protests License Grant to New Establishments. Dr. Protesting strongly against the - censing of additional liquor estab- lishments in the immediate vicinity of the Public Library, Dr. George F. | Bowerman, public librarian, told the Alcoholic Beverage Control Board to- day there has been an increase in the number of intoxicated persons ejected frcm the building since liquor became legal early last year. The statement was presented by Dr. Bowerman in opposing a liquor selling license for the establishment of Sam- uel J. Ally at 804 K street, directly opposite the main entrance to the Central Library Building. The protest was filed under instructions from the | Board of Library Trustees. Decision Deferred. The A. B. C. Board did not at once act on the case, but deferred judg- ment to enable each member to make a study of all facts in the case. George W. Offutt, A. B. C. chair- man, stated, however, there was a question in the minds of the board members as to whether it would be appropriate to issue the license be- cause of the number of licenses al- ready outstanding for places close to the library and because of the charac- ter of the neighborhood where there is a public library patronized by hun- dreds of children as well as adults. Pvt. E. A. Fuller, No. 2 police pre- cinct, who attended the hearing, testi- fied in suppert of the statement of Dr. | Bowerman as to arrests for drunken- ness on or near the library premises. Previous Stand Recalled. Dr. Bowerman recalled that the Board of Library Trustees last March had gone on record opposing the granting of licenses to places close to the library and its branches. He sub- mitted a list of 16 establishments located within one block of the Cen- tral Public Library which already are licensed to sell alcoholic beverages. He emphasized that 9 of the 16 places have licenses to sell hard liquor. He told the board that since last March there had been increasing dif- ficulties with intoxicated and dis- those who walk on the streets and | orderly persons in and about the | library, and explained that the one policeman assigned for duty there from 1:30 to 9 pm. had found the situation too much for one man. Dr. Bowerman contended that greater police protection was needed. not help but arouse public opinion,” Mr. Delano concluded, “must compel citizens in general, as well as en- gineers, to realize the importance of the question. City authorities, police authorities, legislators—Federal and State—must co-operate in solving the problem and my opinion is that there is no physical problem in this country today of more importance.” During the morning simultaneous meetings of the highway contractors, city officials, county highway officials and manufacturers’ divisions of the convention were held in different parts of the hotel. First Lady at Anti-War Dinner Mrs. Franklin D. Roosevelt is shown as she was greeted by Mrs. Carrie Chapman Catt upon her arrival at the Washington Hotel last night to address a banquet group marking the opening of the convention on the cause and gure of war. —Underwood Photo. ' QOKING back over 32 years, James H. MacDonald, 84-year- old treasurer of the American Road Builders’ Association, is rather astounded with what has happened to his brain child “Uncle Jim,” as he is known to every delegate to the thirty-second annual convention of the association, being held at the Willard Hotel, was one of the four founders of the organ- ization back in 1904. Even before that time, he was laying the ground- work for it. The first meeting, which was attended by 40 persons, was held in Detroit in 1892. Few Autos Existed. | At the time “Uncle Jim"” began the organization that now has grown to one of the largest of its kind, with as many as 20,00 persons attending one convention in Atk were few automobiles was elected first president of sociation in 1904, there were le: 23,000 automobiles in the Unit . he said. That figure can with the present one 0,000 automobiles country. " built the first con- ed be of and “Uncle J im"-’iflrl? acDonald Views Rapid Road Builders’ Growth | crete road in his home town of Hart- | ford, Conn,, a bicycle path 18 inches | wide. Just as in the later day, super- i visors of paths were appointed and | he appointed the first bicycle path | supervisor. | The road builder soon will be sig- | nally honored by his home State when | a monument is unveiled to do him | | honor, the only living man to be thus | honored in the A park | in Hartford has been named for him | testimony. The Call-Bulletin declined | and he has been awarded a medal as | the outstanding man in the city. | Every State Covered. | The American Road Builders’ Asso- ciation has grown until it covers every State in the Unijon, with representa- tives in several American coun- | “Uncle * got it under | the time of thi ion Hartford, on four States co-op New Jersey first came in and llowed in succession by Massa- York and then Con- in has ambitions. He coming to conven- 1e wants to see the present- | s widened to take care of | ed volume of traffic | FIRST LADY ASKS FOR WORLD COURT |Adds Plea Before Sessions of Cause and Cure of War Group. The tenth annual conference of the National Committee on the Cause and | Cure of War began its second-day sessions at the Washington Hotel to- day. with Mrs. Franklin D. Roose- velt's voice added to its plea for United States adherence to the World Court. Prof. Grover Clark of the history and political science department of Wellesley College was to speak today on “The New Dangers of War,” with Mrs. Kendall Emerson of the national board of the ¥. W. C. A. as presiding officer. Opinions Divergent. | Divergent opinions on Germany, Russia and Japan in relation to world affairs were to be voiced by 19 speak- ers before three luncheons today. Mrs. Fred S. Bennett presided over the discussion on Germany, Mrs. Arthur Brin, president of the National Coun- cil of Jewish Women, over the discus- sion of Japan, and Miss Marguerite Wells, president of the National League of Women Voters, over the Russian_discussion. Mrs. Roosevelt spoke last night be- bombarding their Senators all day for speedy enactment of World Court adherence. Beside her sat | white-haired Carrie Chapman Catt, in black lace sparkling with jet, who had made a personal plea to Major- ity Leader Robinson: “Could we please have a vote this week?"” “I hope, and I think a majority of women in the country hope, that we will join the World Court,” said Mrs. Roosevelt. “I know the arguments against it, and some of them are good arguments. But this is a ges- ture which we can make at present to the world. We are in so little danger of being entangled we can afford to take the risk. We seem so cautious in this—as a rule, risk ap- peals to us—Americans like to do the aventurous thing. To adventure in a gesture for peace makes an appeal to the women of the country.” Greed Cause of War. Mrs. Roosevelt said this country had been learning that greed has al- ways had a great deal to do with war, and said “a gentleman in our midst” (Senator Nye, heading the munitions investigation) had been helping teach that lesson. “One thing to do to prevent war is to make it unprofitable for any one when war occurs!” exclaimed Mrs. Roosevelt, adding: “It never profitable for the man in trenches.” Quoting a man who had recently reviewed the world situation to her, she spoke of Australia, Africa and the Americas as the continents where m‘ie widespread wars were unlikely to arise. the She told the women, therefore, to turn their eyes on Europe and Asia and devote their efforts to building up understanding and good feeling with a view to international harmonies. The most hopeful thing for future peace is the attitude of youth,” she said. “Many would be carried away by bands and the sound of marching feet, but they do believe war is not the way to settle difficulties; and they do not think the wars of the past have settled what they aimed to séttle. There is a growing sentiment that it is a stupid way to try to solve your difficulties.” A five-fold condemnation of “the folly, the fallacy, the futility, and the fatality of force” was made yesterday by Dr. Louls Mann, Chicago Univer- sity faculty member. ’r fore 1,000 women who had been | was | > l IR STUDEBAKER. TODCUSSFORUN “Des Moines Idea™ Wiil Be Topic at Meeting To- morrow. | | Washington, civic educa otic and religious organ= Fourteen tional, p: izations tomorrow co-operate night in presenting a panel discus- 1 of *The Des Moines Forum Idea,” led by Dr. John W. Studebaker, United tates commissioner of education. The meeting will be held in the auditorium of Roosevelt High School, beginning at 8 o'clock. After Dr. Studebaker makes his formal address he will be subjected to questioning by six panel members: Rev. Dr. Edmund A. Walsh, George- town University: Miss Elizabeth Hum- | mer, supervising principal in the pub- lic schools; M. J. Nelson, Western High School; Miss Grace Roper. the Tariff Commission; Newbold Noyes, The Evening Star, and Dr. Willard E Givens, National Education Associa- tion, | Dr. Studebaker, working for the Rockefeller Foundation, established | the Des Moines Forum from which a number of similar institutions have grown. In Iowa he had associated with him Henry A. Wallace, now Sec- retary of Agriculture. The results of | his studies and work there will be re- | vealed in his address. | The Education Association of the | | District is sponsoring the program to- | morrow night, and associated with it | are the Soroptimist Club, the Com- | munity Centers, the Twentieth Cen- ! tury Club, the Federation of Women's | Clubs, the Vocational Guidance Asso- | ciation, Washington Federation of | American Legion, the Congress of | Parents and Teachers, the Progressive | Education Association, Washington In- stitute of Mental Hygiene, the Federa- tion of Citizens’ Associations, Amer- ican Association of University Women and the Washington Association of Professional Workers in Religious Education. SANCTUARY WILL GET SWANS FROM CAROLINA Ten pairs of white whistler swans from the Carolinas will soon be added to the bird sanctuary at Roaches Run on the Mount Vernon Memorial Highway, C. Marshall Finnan, super- intendent of the National Capital Parks, revealed yesterday. The birds are now being trapped by the Biologi- cal Survey and will be sent to Wash- ington in a few weeks. The same number of wood ducks, now being held at the Zoo, will soon be placed on the island by park au- thorities. The public parking space overlook- ing the sanctuary is expected to be completed by C. C. C. workers in two weeks. PSYCHIC POWERS LOST Medium Awarded $2,000 as Re- sult of Car Accident. CHICAGO, January 23 (®).— Through her attorney, Mrs. Annabell Waring, a medium, charged she lost her psychic powers as a result of injuries received when the street car on which she was riding was hit by & truck. So she sued the company which owned the truck, asking for $5,000. A jury decided $2,000 would be enough. i PRESIDENT KEEPS ‘ u GUILD GASE OPEN Plan for Special Board Balks Previous Order for Re- instatement. By the Associated Press President Roosevelt sald today he expected the N. R. A. Newpaper Code Authority to have its industrial board pass on the case of Dean S. Jennings, who contended he was discharged by the San Francisco Call-Bulletin for Newspaper Guild activities. This definitely removed the case from the jurisdiction of the National Labor Relations Board, which ordered reinstatement of Jennings after a controversy with N. R. A. over their authority. In taking this action the President said he regarded it as living up to the letter of the written agrecment between the Government and the publishers. Says Procedure Is Clear. He explained that when the news paper code authority failed to obtain a ruling from its arbitration board the National Labor Relations Board took jurisdiction. However, he said he felt the Gov- ernment was duty-bound to give the | code authority opportunity to act and that the authority likewise was bound to use its board to investigate the dis- puted case. If the judicial body of the code authority failed to reach an 2 ment, then it was up to the Nation Labor Relations Board to report the case to himself for final settle he added. Backing the position of Dol Richberg and the President Roosevelt “requested” the Labor Board yesterday to keep hands off labor disputes that could be han dled by labor boards set up by N R. A. codes. Over the protest of Richberg and the paper, the board on December 12 decided it could handle the complain of Jennings. The board ordered the paper to re- instate Jennings on the basis of Guild to discuss the merits of the case, maintaining the board lacked jurisdic- | tion. The board later cited the Call- Bulletin to the N. R. A. for Blue Eagle || removal. N. R. A. asked the ccd board's opinion. The code board, cor posed of eight publisher and labor members. is understood to have deadlocked on whether to consider ti ase and to have turned it N. R A. Resignation Suggested. N. R. A. officials close to Ri view of the President's letter either reverse its decision ar Jenn; ' complaint over to board or resign as out of with presidential polics This was disclosed by last night after they ‘They declined to be quot The Labor Relations B« to feel, on the other hand. t right in Call-B tention of reve , although Francis Biddl chairman, said the case was now out of the beard's I Labor Board other codes that provide for ind Iabor ituminous coa petroley h of t i of disputes. Text t of the Presids of Roosevelt Letter. The 0 different codes which have been approved and are now in effect a very small number—probably less than five—contain a provision for the consideration and final adjudication of complaints of violation of labor pro- visions. “The existence of this provision in this handful of codes was due to the evolutionary process of code making during the first vear of N. R. A. I ! understand that since those days no | provision for final adjudication has entered into any of the later codes. “It is, of course, clear to me that it is reasonable that some provision for appeal should be a part of Govern- ment policy. Nevertheless, the fact that Government has approved this | | provision in these very few makes it imperative that Government should live up to the letter of the agreement as long as these codes re- main in effect. Sets Down Principles. “I, therefore, request that the Na- | tional Labor Relations Board con- form to the following principles in cases arising under these few codes until such time as the codes them- selves may be altered, either by execu- tive action or by the passage of new laws. “1. Whenever in an approved code | of fair competition provision is made for the consideration and adjudica- tion of complaints of violation of the labor provisions of the code, and where has been established under the code, to which an appeal can be taken and which is empowered to make a final and enforceable decision of such com- plaints, the National Labor Relations Board will refuse to entertain any such complaint or to review the rec- ord of a hearing thereon or to take any other action thereon. “2. Whenever a complaint shall be made to the National Labor Relations Board that the tribunal of appeal established under an approved code of fair competition for the final adjudi- cation of labor controversies has not been constituted or is not qualified in accordance with the requirements of such code, the National Labor Rela- tions Board may investigate the merits of such a compalint and submit its recommendations thereon to the President. “3. Whenever in the case of the type of code referred to in paragraph 1, a complaint shall be made to the National Labor Relations Board by either party to a case before the tri- bunal of appeal that the decision of | the tribunal of appeal is contrary to existing interpretations of the law and specifically of section 7-A of the national industrial recovery act, the Labor Relations Board may, in its discretion, report to the President as to whether in its judgment the in- terpretations referred to are contrary to law. “I am inclined to think that as a matter of practice these three rules cover the situation affecting these few special codes, and I call your spe- cial attention to rule No. 3, which should serve to avoid conflicting in- terpretations of section 7-A. “Very sincerely yours. “FRANKLIN D. ROOSEVELT.” BROUN RAPS PRESIDENT. NEW YORK, January 23 (P.— Heywood Broun, president of the American Newspaper Guild, last night P Call-Bulletin, ! * codes | TUBERCULOSIS AID IN'GITY HELD LAX Full-Time Health Officers Hired in Many Cities to Solve Problem. BY DR. WILLIAM CHARLES WHITE of the I Tube President trict of Columbia Note: This 1s the second of tuwo articles uritten for The Star by Dr. White. In addition to being president of the District of Colum- bia Tuberculosis Association Dr. | White is chairman of the Medical Rescarch Committee of the Na- tional Tuberculosis Association. In | these articles he discusses an anti- tuberculosis program for the Dis- trict of Columbia, a s ect which the anticipated reorganization of the District Health Department makes of timely interest, The District of Columbia is L behind ot commun its provisions for the preventio cure of tuberculc | This constitutes a great municiy disease problem. Yet in no othe civic enterprise of such magnitude and would we consider scat- | tering authority under many es and expect to gain success ve a Board of Publi a Health Department, and rivate agencies responsible t aspects of tuberculosi and counties ha by centralizing the it under one under the his man is ve, & phy- the field, and he is Y y to enable hi e his attention to the task. Specialist’s Duties Outlined. Here are some of his duties To bring together all the actiy for the prever and cure of tub culosis un To know, rec many importance 50 eac measures possible for al in contact with the um prevent: persons liv- patient, and | £ the hospital and sana- used, so as to provide see that informed home instruction so as to prevent tructions are 1 student: of tuber- a new wina a full equip- need for an adult sanatorium of 400 beds is soon to be met by the n of the new $1500.000 Glenn Dale alongside tie anatorium. This last noy 50 beds and bids have been let which will provide another 150 beds. | Gallinger Easy of Access. | The importance of establishing a special service and observation hos- | pital at Gallinger is that it will offer | easy access for the expert care of surgical cases and for teaching pure poses. It is obvious that where fre- quent visits are desired in serious surgical procedures the physician must be able ‘to reach his patient without undue loss of time, and that the critically ill patient must be kept within easy access of his relatives. { It has been recognized for many | years that each general hospital should have its tuberculosis wards. A recent study in Philadelphia showed nearly 11,000 known cases of tuberculosis &t- tended the general hospitals there in one year. Where no special precau- | tions’ are taken in these general hos- | pitals it has been repeatedly shown at tuberculous patients are sources of infection to all whose duties com- v to work there, such as nurses, house surgeons, med- ical students and attendants. However, with properly organized tuberculosis wards in general hospitals this danger would be eliminated. Churches, District department of the ! a committee, board or other tribunal | | described President Roosevelt's letter to the Labor Relations Board as a surrender to the publishers “at the | point of a wcoden gun.’ | Asserting it as with “deep and bitter regret” that the Newspaper Guild learned that the Labor Relations Board was to have no further func- | tion in the hearing of guild cases, | Broun said “The publishers announce that ‘a | satisfactory adjustment’ has been |reached. They mean satisfactory to the publishers. The President’s letter, Broun said { “means that the Jennings case be- comes no more than a pressed flower for our memory book." “And we will remember,” he added Broun termed the President's let- ter a “complete reversal” of his posi- tion of last February. TRUSTEES NAMED FOR PAPER. { | Stocknolder Accuses Newark Ledger Scene of Editorial Strike. TOMS RIVER, N. J., January 23 (). —Trustees to operate the Newark | Morning Ledger, a daily newspaper, | were appointed by Vice Chancellor Berry today on application of a stock- holder. George W. McCarter, Newark attor- ney, and Henry S. Puder, a Newark ! accountant, were designated as trustees with the newspaper’s consent. Morris Cohen, representing the complaining stockholder, alleged there had been ‘“general business misman< | agement.” The Ledger has been the scene of & strike of editorial employes for the past two months, reporters and re« write men havirg left their jobs in protesting disch:arge of eight fellow employes and later demanding recog- nition of the Newark Newspapef Guild for the purpose of collective bargaining. ‘