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WEATHER. (U. 8. Weather Bureau Porecast.) Partly cloudy tonight and tomorrow, not much change in temperature; mini- mum temperature tonight about 34 de- grees. Temperatures—Highest, 48, at 1 p.m, yesterday; lowest, 34, at 7:15 am. today. Full report on page A-3. Late N. Y. Markets, Pages 14, 15 & 16 No. 33,165. The only evening paper in Washington with the Associated Press News and Wirephoto Services. SATURDAY'S SUNDAY'S Circulation. 126,881 ¢l 0 en 135,155 Some Returns Not Yet Received. WITH SUNDAY MORNING EDITION ¢ Foening Star @ WASHINGTON, D. C, Entered as second class matter post office, Washington, D. C. U.S. WINS GOLD CASE 'WOMEN BEHEADED, HITLER REFUSING T0 GRANT MERCY | Pair Executed in Espionage as “Brains” of Plot Gets Life. MONDAY, FEBRUARY 18, 1935—THIRTY-TWO PAGES. %kk%k UP) Means Associated Press. TWO CENTS. HERBERT, WE'RE Two HEARTS THAT BEAT AS ONE.! SUPREME COURT SPLITS 5 TO 4 UPHOLDING NEW DEAL MEASURE; SECURITIES AND GRAIN HIGHER % Clause Abrogation in Private Bonds and Money O. K.d. Held Invalid in U. S. Debt. CLAIMS’ TRIBUNAL JURISDICTION DENIAL BARS PAYING PREMIUM Verdict on Gold | Part Means Nothing To Most People of Gains ' in Stocks Are Lost. CHICAGO PIT HALTS TRADING DAUGHTER OF FORMER MoneyStaysSameand GENERAL SENTENCED ‘Just Try to Collect’ on Securities. Delivery of Military Secrets to Poland Through Baron Sos- | By the Associated Press. 3 nowski Charged. Here's an A-B-C glance at what the gold decision means: To the wrinkled dollar bills in pocket—Nothing, with a big “N." They'll buy just as much as they did yesterday and still make 100 pennies. 20 nickels, 10 dimes and 4 quarters. To the $1,000 railroad bond you may own which has a clause promis- ing to pay in the old dollar or its Rails Are Buoyant During Hour of Heavy Activity. By the Assoctated Press, BERLIN, February 18 —Baroness Renate von Natzmer and Frau Benita von Falkenhayn were decapitated to- day as spies. The double execution was announced “Constitution Gone,” McReynolds Says in Dissenting—Roosevelt Silent. Aides Elated. By the Associated Press. (Copyrisht, 1035, by the Assoclated Press.) Dividing, 5 to 4, the Supreme Court today in effect swept away | any Government or private obligation to pay gold bonds in gold. | Chief Justice Hughes, delivering the majority opinion in a| eourt room tense with the realization of an historic moment, said | Congress must be free to deal as it saw fit with matters which would affect the currency, and the court must take account of | current economic conditions even Dissenting—with three of his colleagues—Justice McReynolds d: “The Constitution is gone.” Line-up in Five-to-Four Decision. Here is the way the court lined-up five to four on all the gold cases: Majority: Hughes, Stone, Bral Minority: McReynolds, Van Devanter, Sutherland and Butler. While invalidating the law need not be paid in gold, the court simultaneously denied holders | of Federal bonds the right to sue for redress in the Court of Claims. This right also was denied holders of the old gold certificates, | who had sought to get $1.69 for each dollar in their certificates. | The Government won all along the line with regard to private bonds and State and municipal gold contracts. In each case, by five to four all around, the court upheld the gress to regulate the currency. Congress Can't Repudiate Debts. according to the decision, to re- ts own bonds, he contended, but y in devalued dollars the value of the | right of Con Congress is without power, pudiate its gold obligations in i cannot be compelled to pa; gold called. This meant Congress can pay adding cryptically: “This is Nero in his worst form. “We are confronted with a d 60 cents, which may be 30 cents tomorrow, 10 cents the next day and ] cent the day following. “We have tried to prevent its entrance into our legal sys- tem, but have tried in vain. We are told the Government has made out of its transactions $2,800,000,000, which is now reposing * in the Treasury.” Stone Dissents Briefly, Agreeing with the majority on the main issues, Justice Stone neverthe-| less presented a brief dissent on one point, indicating he felt the court had gone too far on the Federal bonds case. The audience paid close attention to ‘McReynolds, a bald man with a fringe of gray hair covering the lower part| of his head and neck. Time and again he paused, much in the manner of a clergyman preach- ing a sermon. Occasionally he sat way back in| his chair and spoke in a most in-| formal manner. His chair was just | to the left of that of the Chief! Justice i Seldom did he turn his face to left or right. At the outset he announced he| would not read his opinion, but that it would be available for any one to | read. Then he began speaking, pre- sumably giving the essence of the| written opinion. Exodus Follows Decision. At the conclusion of his remarks | there was a large exodus from the | chamber, as the tribunal turned its | attention to other matters. McReynolds’ emphatic view was that it could not be disclosed at this | time what would be the effect “of what has been done here this day.” He pointed out the solemn promise the Government had made in the sale of its bonds that purchasers would re- ceive payment in gold. His opinion was in reference to the Federal bonds case. There was no way at the time of telling how many jus- tices joined him or whether there was | & division on all the cases. His words were listened to with rapt attention by the crowded court room. { Law Enacted to Aid Farmers, Congress, in the view of the dissent- ers, had enacted the disputed law to raise the price of agricultural com- modities. The minority asserted the | Government was insisting that all| creditors must accept 60 cents on the dollar. “God knows I do not want to talk about such matters, but it is my duty,” declared McReynolds. | He criticized the majority by saying it “in one breath” says Congress has no power to repudiate the gold bond obligations, but at the same time reaches the conclusion because the Government bondholder cannot ac- cept gold, he must accept & 60 per cent legal tender dollar for each gold dollar the Government promised to pay. In reference to the Federal gold ‘bonds, which were held to be an obli- gation that could not be repudiated, the decision took note of potential effect on national economy should the holders be allowed to sue for more than face value. “In view of the adjustment of the fnternal economy to the single meas- ure of value as established by the legislation of the Congress,” the ma- jority had held, “and the universal availability and use throughout the country of the legal tender currency in meeting all engagements, the pay- in ruling on contracts. ndeis, Roberts and Cardozo. saying Government obligations in 60-cent dollars, he continued, ollar which has been reduced to Because of the volume of trading, the final market sum- mary will not appear until the 5.30 edition. TWO KILLED IN RIOT IN IMPERIAL VALLEY Winter Vegetable Producing Area Appeals to Gov. Merriam for More Police. By the Associated Press. EL CENTRO, Calif., February 18.— Scene of bloody rioting in which two | men were killed and approximately 500 shots were fired, California’s Im- perial Valley through its public offi- cials today appealed to Gov. Frank F. Merriam for additional officers to restore peace to the area, racked by labor troubles since last December. Imperial County authorities, seek- ing to forestall martial law, wired Gov. Merriam to send every available State motor cycle officer into the strife-torn valley, which produces two-thirds of the Nation's Winter vegetables. The rioting took place late yester- day when 400 men stormed the lettuce packing shed of Martin Wah' i» a bloody hand-to- hand fight between striking lettuce workers and non-strikers. Eldred Kenneth Hamaker, 23, West- moreland, and Paul Knight, 24, Santa Maria, were killed by gunfire. DEATHS IN HOSPITAL ERRORS ARE PROBED Two Children Die After Diph- theria Toxin Is Injected In- stead of Vaccine. By the Associated Press. SAN FRANCISCO, February 18.— The deaths of two children which oc- | curred after they allegedly were given diphtheria toxin by mistake in a hos- pital were under investigation here | have the right to break its promise and women | B today. Dr. J. C. Geiger, city health direc- tor, said a hospital. attendant blun- dered in administering dipththeria toxin instead of anti-diphtheria vac- cine to five children. Lois Bowden, 6, died yesterday, and Natallie Rojnovsky succumbed last Thursday, a week after being inoculated. The other three children were reported out of danger today. Parents, doctors and nurses were summoned to an inquest. called for | tomorrow by Coroner B. W. Leland. Physicians said the three who sur- vived the injections, all infants, were saved from death because of immunity ment of the plaintiff of the amount ~(Continued on Page 4, Column 1) against diphtheria gained from ele. ments in their mothers’ milk. equivalent in gold—again practically nothing. You can collect $1,000 in the | kind of dollars you've been using ever since the Government cut—on its ac- count books—the gold content of the dollar from 258 grains to 15 5/21 grains. To the holder of a $1.000 Gov- ernment bond promising to pay in gold of the old dollar which today would mean $1.690 in the devalued dollar—once again practically nothing. The court held the Government didn't to pay in the old dollar, bul—try, and collect. The Court of Claims won't receive your suit, so the only | thing left is to accept $1,000 in the | kind of dollars you've got in your | pocket now. | To the holder of gold certificates— | f you've got one you hold it illegally and are subject to prosecution. If| you put in your claim for an extra | payment in the devalued dollars when | you turned the certificates over to the | Government, it won't mean much.| The court held in effect that $1.690 | in devalued dollars was due for every | $1,000 in gold certificates, but like | the Federal bonds—try and collect. NOTABLES HEAR DECISION READ Hundreds Seek Entrance but Only Chosen Few Are Successful. By the Assoctated Press. Crowds besieged the Supreme Court today in a vain effort to gain admis- sion to the historic session as the court assembled to announce its de- cision in the gold cases. Relatives and friends of the nine justices were among the fortunate few who were seated. Mrs. Charles Evans Hughes arrived at the court room at 11:25 and was immediately ushered to a seat. She was accompanied by a woman identified as a cousin of formrer Jus- tice Sanford. Preceding this dignified couple was Mrs. Pierce Butler, wife of Associate Justice Butler. Secretaries at White House. President Roosevelt in his office, legislators in Congress, taxi drivers, curious Capitol throngs and even jan- itors of public buildings evidently had the historic possibilities in mind. Secretary Morgenthau—in charge of New Deal monetary policies—and Secretary Hull—who would have to sign any presidential proclamation— were asked to lunch with the Presi- dent at about the time the court met, joon. ‘With Wali Street dealings at a min- imum in early hours, the Securities Commission was watched closely for any order affecting trading in later afternoon. The dollar was being bought in the New York currency market, giving it (Continued on Page 4, Column 6.) PHYSICIAN IS FOUND DEAD IN TOURIST CAMP By the Assoclated Press. EXCELSIOR SPRINGS, Mo,, Febru- ary 18—Dr. Roy F. Huckett, 32-year- old physician of Independence, Mo., who has been missing since Saturday night, was found dead early today at a tourist camp here. Miss Dorothy Peglar, his 24-year- old office assistant, who disappeared at the same time, was found in one of the cabins with the body. Dr. W. L. Wysong, Clay County coroner, said the physician had died of acute alcoholism. The coroner said the girl, who was detained by police, refused to talk. Amusements . Comics ... Features . Finance ... Lost and Found. Radi . B-2-3 ..B-10-11 Y NEW YORK, February 18.—Stocks and commodities surged upward in leading markets today on news of the Supreme Court’s gold decisions. Buying sent stock prices up $1 to $9 a share in the New York Exchange. | Wheat rose about 2 cents a bushel in the Chicago Board of Trade, when ac- tivity became so intense that it was necessary to suspend trading. Wall Street had some difficulty in understanding the decision on the Government's own gold obligations. At first it understood the Govern- ment had won its case, and gold- clause Government bonds declined moderately while those not containing the clause advanced. Later when it appeared the Government had lost on its own gold obligations, Wall Street decided the fact that holders could not collect through the Court of Claims left its first conclusion sub- stantially correct. Railroad securities were buoyant during an hour of intense trading in the Stock Exchange between noon and 1 o'clock, for it was felt the heavily indebted carriers would have been most severely hurt by having to pay $1.69 in current dollars for each $1 of gold bond indebtedness. By 1 o'clock the securities market quieted down. The stock ticker, which had fallen 12 minutes in arrears of transactions, caught up with trading and share prices lost part of their gains. CHICAGO, February 18 (.—Trad- ing was stopped on the Board of | Trade today with announcement of the Supreme Court's decision on the | gold clause. ! How long the market would be closed was not immediately announced. President Robert P. Boylan, using powers granted him several days ago, | issued the order that halted dealings in the grain pits and then officials of the board studied the decisions in the various cases ruled on by the court. Tickers carried news of the de- cisions and immediately prices jumped to gains of over 2 cents above Satur- day’s finish and of around 3 cents above the early low points today. It was presumed trading would be resumed as usual tomorrow. LONDON, February 18 (#).—The American dollar weakened consider- ably on the London market today, dropping to 4.89 after an official close of 4.86 13-16, owing to the gold clause decision. Among the gold currencies, French francs were readily supported at 73%. Financial circles are waiting to see whether President Roosevelt plans legislative action. | PARIS, February 18 (#).—The United States gold decision failed to disturb financial circles here today, for the fear of the decision’s effect on the gold bloc nations was balanced by confidence that the United States ad- ministration would get remedial legis- lation. BERLIN, February 18 (#).—Leaders of the Reichsbank today considered the United States Supreme Court gold decision so important that they called a meeting to discuss it WORK RELIEF LT | URGEDBY C. OFC. U. S. Chamber Declares There Must Be an End to Government Deficit. By the Associated P: ‘The Roosevelt $4.880.000,000 work and relief bill headed into more debate in the Senate today, with the Cham- | ber of Commerce of the United States | Crude Bomb Sent To Long in Mails Fails to Explode |Senator Absent on Ar- rival of Package—Ex- plosive Spilled. By the Associated Press A bomb which failed to explode was received in the mail today by Senator Huey P. Long. Long was absent from the Capital, spending the week end in New York on private business, when a package urging on the senatorial critics who seek to cut a $2,000,000,000 chunk out | of the measure. | A chamber committee, in a report published today, recommended that only $2,000,000.000 be appropriated for public works, as against the $4,- 000.000,000 contained in the adminis- tration measure. The other $880.- 000,000 is to carry on present relief activities while the administration is seeking to transfer 3,500,000 desti- tute to public works. “All experience,” said the report, “proves that there must be an end sooner or later to Government deficits. No complexities of disbursement, taxes, borrowings or monetary policies can in the end prevent the necessity of facing the difficult task of balanc- ing the budget. “The continuance of deficits means (Continued on Page 3, Column 7.) POST DELAYS TAKE-OFF OF CROSS-COUNTRY HOP Need for Radio and Compass Ad- justmnets Blamed for Postponement. By the Associated Press. LOS ANGELES, February 18.— Wiley Post, noted aviator, said today that due to necessary adjustment of his radio and compass equipment, he probably would be unable to take off until Wednesday or Thursday on his proposed substratosphere flight from the Pacific to the Atlantic. The fiyer previously had anticipated leav- ing tomorrow. ‘With his oxygen helmet, Post yes- terday made a trial flight from Los Angeles to Needles, Calif., and back in two and one-half hours, an av- erage of over 200 miles an hour. By taking advantage of the air cur- rents in the substratosphere he ex- pects to make the Los Angeles-to-New York flight in about eight hour: Scarlett Threatened Death, Says Wife, Asking Annulment Charging her youthful husband “threatened to kill her and go to the electric chair himself” unless she became his wife, Mrs. Jane De Walden Cooke Scarlett today asked the Dis- triet Supreme Court to annul her marriage to George Stanton Scarlett of Winston-Salem, N. C., with whom she eloped three weeks ago. Following the elopement, the bride’s mother, Mrs. Howard De Walden Cooke, of Chevy Chase, Md. swore out & warrant for Scarlett, who had been employed as a chauffeur by the Cooke family, charging him with stealing some of her jewelry. The charge subsequently was dismissed. The petition of the 20-year-ok wife, filed through Attorney Alvin L. Newmyer, also says Scarlett misrep- resented his financial standing to her. She says she “had been reared in an atmosphere of refinement and was not accustomed to the company of young men nor was she permitted to engage in social activities except ander strict chaperonage of her parents.” Scarlett, the petition says, became ac- quainted with her during his employ- ment as the family chauffeur, and on but that he was in Washington on & vacation from his regular employment. She said he told her he had a sub- stantial position with a railway in North Carolina to which he intended to return and resume his career. She also accuses him of telling her he had a substantial bank account and was financially independent. Despite these assertions, however, the young wife told the court he had but $38 when they left on their honey- moon and that he wanted her to use her own funds to support him for an indefinite period. ‘The wife further claimed that Scarlett “showered his attentions and persuasions upon her, and overcame aer will and judgment, and did, finally, by threats that he would kill her and then go to the electric chair himself if she refused to marry him, induced and coerced her by such fraud and duress to enter into the marriage ceremony and to go off with him within eight hours after the cere- money, without the knowledge of her parents.” Giving her address as 3601 Connec- ticut avenue, the plaintiff says she has not lived with Scarlett as man and wife since they returned to Wash- ington, and asked the court to de- elare the marriage eeremony to be was delivered in the mail. Earl Christenberry, the Senator’s secretary, said he cpened the package without noticing from where it had been sent. The machine was found within. He immediately telephone postal au- thorities and inspectors were sent to | take charge. What was described as a “bomb” was contained 1n a cardboard box about 6 inches square. Inside was a small | dry cell battery similar to those used |in pocket flashlights. A wire con- nected it with a small bottle. The bottle was broken, spilling out the | explosive, and Christenberry said he | believed that prevented its going off. GARNETT GRILLED U. S. Attorney Admits He Set Precedent in Baring Jury Secrets. Leslie C. Garnett, United States at- torney for the District, admitted to the House Crime Investigating Com- mittee today he had established a precedent in turning over to the House Military Affairs Committee a confi- dential transcript of the grand jury’s secret _investigation of the sensational ‘War Department fraud cases. Garnett was subjected to a relent- less examination by John R. Fitz- patrick, newly acquired committee counsel, and one of the United States attorney’s former assistants, who re- signed several months ago as a result of a dispute over continued postpone- ment of a murder case. Visibly disturbed by some of Fitz- patrick’s questions, Garnett several times declared he did not think they had any particular bearing on the crime investigation. One of the first questions Fitzpatrick fired at his for- mer “boss” was whether reports were true that he objected to appearing before the committee. “No Objection,” He Says. “T have not the slightest objec- tion,” he replied. Next Fitzpatrick asked why he had established a precedent in turning over to the House Military Affairs Committee the minutes of the grand jury’s investigation of the fraud cases when that information was sup- posed to have been confidential. Garnett declared he did not have any particular authority, but ex- plained the information was requested by the committee and he complied. He pointed out, too, that the com- mittee is & co-ordinate branch of the Government and if the grand jury's records could ald in any way in the suppression of crime he could see no objection to his action. “What effect do you think that will have in the juture?” inquired Fitzpatrick. “You established & precedent, didn’t you?” Delves Into Personnel. “I haven't considered that,” Gar- nett answered. “And I don't think that has anything to do with the crime situation in Washington.” Pitzpatrick insisted the committee (Continued on Page 3, Column 4.) ? ONREVEALING FILE TALIAN TROOPS - EXCITE AUSTRIANS Massing of Soldiers at Bor- der Held Move Against Outbreak. | By the Associated Press. | INNSBRUCK, Austria, February | 18.—Italian troop movements in the | vieinity of the Austrian frontier ex- | cited unusual interest here today. ‘While the purpose of the military | activities was not determined, it was recalled that shortly before February |12 Italian forces at Brenner Pass | were strengthened. At that time it was assumed the reinforcement of the .rontier garri- |son was a precautionary move in connection with the anniversary of | last year's Socialist civil war in | Austria. It was beileved Premier Mussolini | case Socialists or Communists created | disorder. Movements Continue. It was observed, however, that the movements appear to be continuing, although the anniversary passed with- out serious disturbance. Latest in- formation from the Italian border to unofficial sources is to the effect troops are passing through Rome and Florence en route to Brenner Pass. Indications that the result of the Saar Basin plebiscite aroused enthu- siasm among the German population of the Tyrol have caused Italian au- thorities some concern recently. There have been several incidents of Nazi demonstrations such as the display of flaming Swastikas. The result, according to reports reaching here, has been a vigorous Fascist drive against all South Tyrol- ese suspected of Nazi affiliations. Unconfirmed rumors have circulated on the Austrian side of the border to the effect that the German minority in South Tyrol is being persecuted with Fascists ruthlessly kidnaping and beating suspects. Gesture to Germany? movements is that they are merely a gesture toward Germany to empha- size the Franco-British invitation to the Reich government to sign a gen- eral security agreement. A foreign office spokesman Vienna expressed doubt that the so- called troop movements were any- thing but routine maneuvers. “Ever since July,” this source said, “strong forces of Italian troops have been maintained at the border. Shift- ing of some regiments away from the border and substitution of other regi- ments or roufine maneuvers might easily be mistaken for a new massing of troops at the border.” U. S. BRIDE OF CHINESE FOUND DEAD IN HOME Orient - Occident Romance Ends. Police Believe Girl Killed Herself. By the Associated Press. SAN FRANCISCO, February 18.— Death has ended the Orient-occident romance of a 19-year-old blond bride and her Chinese husband. ‘The girl, Leslie Winifred Russel Wong, was dead from poison today, while police sought to determine whether their tentative theory of suicide was correct. She was married last New Year eve in Seattle to Yee Wong, San PFrancisco photographer, over opposition by Wong’s family. Her body was found early yesterday in their Chinatown apartment. Dr. Sher- man Leland, autopsy surgeon, siid a | post-mortem examination showed | poison. Police Inspector George Engler said she seemingly had committed suicide. | A more detailed examination was to | be made. - was determined to be prepared in | Another explanation of the troop | in | officially at 2:50 p.m. (8:50 , B S. T.) today. Strict secrecy was maintained un- til the official announcement was made. The official announcement said Reichsfuehrer Hitler declined to exer- cise his prerogative of mercy. Beheaded in Courtyard. The two women were beheaded in the courtyard of the prison in which they had been held here. Previous to the announcement of execution, a high official in the min- istry of propaganda said that juridical experts “were expecting a reply from Munich at any minute.” Hitler was in Munich The juridical experts had met with Dr. Hans Frank, commissioner of jus- tice, to consider the disposition of the cases of three other prisoners held with the two women. One of them | was Baron George Sosnowski, former | Polish army colonel. | Sosnowsky was sentenced to Mfe imprisonment. The same sentence was imposed on Frauleln von Jena, | the daughter of a former general of | the army. Frau von Falkenhayn went to her | death under the name of her first husband; she had been known in Berlin society by her second husband's name, Von Berg. Text of Communique. The official communique told of the exetutions under the headline: “The National Socialist state crushes trea- son.” The communique said: “The German Reich’'s People's Court, by verdict of February 16, sentenced to death for betraying mili- tary secrets, Frau von Falkenhayn and Frau von Natzmer, both of Berlin. “Furthermore, the Polish citizen, George von Sosnowski, and Irena von | Jena were sentenced to life terms in the penitentiary on the same charge. | “The verdict of Frau von Falken- hayn and Frau von Natzmer was car- | ried out after Der Fuehrer and Reich's Chancellor (Hitler) refused a par- don.” Sosnowski is accused of being the brain of a well-organized espionage (Continued on Page 3, Column 3.) TALIAN TROOPS BOARD TRANSPORT 2,000 Blackshirts Leave for Soma- liland After Being Reviewed by Mussolini. By the Associated Press. NAPLES, TItaly, February 18— More than 2,000 blackshirts with full colonial equipment boarded the S. 8. Gange today for Eritrea and Italian | Somaliland as part of Italy's reply to Ethiopia's deflance. ‘The two battalions had been re- viewed by Premier Mussolini in Rome on Saturday. Il Duce, in a stirring speech told the men they were to write “the most beautiful page in the | history of the Fascist militia.” The troops were cheered enthusi- astically by the Italian populace as they marched through the streets. ‘The Gange was laden with war ma- terials placed on board yesterday. Meanwhile the movement of officers, specialists and mechanics into Naples continued. The men arrived on virt- ually every train and were immedi- ately sent to Siclly or to local bar- racks. The military activities have proe vided employment for many persons, as preference in accepting recruits for the expeditionary force has been given men out of work. The contingent sailing today con- sists of two battalions of 950 men each, including 50 non-commissioned officers and 24 officers, a total of 2,048 men. Other troops were expected to leave Messina tonight. Unconfirmed reports said Ethiopian troops had advanced along a wide front in Somaliland, but Italian sources understood they had moved forward only in the vicinity of Ualual and Afdub, scenes of recent clashes lh‘ext‘:rreeu Italian Somalis and Ethiop- A total of 30,000 regular soldiers is expected to follow the two divisions from Naples into the East African colonies. It also was understood native troops in Italian Libya were being recruited. Mussolini, in an address before the Fascist Grand Council, urged all mobi- lized Italians to be “ready for any eventuality” and said 70,000 men had volunteered for service in Africa.