Evening Star Newspaper, February 24, 1935, Page 2

A-2 # e OLLEGAL VOTES LLEGED N PLEA Montgomery Recount Peti- tion Claims “Irregulari- ties” in Election. B a Staff Correspondent of The Star. ROCKVILLE, Md., February 23.— Charges that more than 280 votes were erroneously counted in the sec- ond and third commissioner contests during the Montgomery County elec- tion on November 6 are contained in amendments to the original recount petitions of John B. Diamond and Raleigh S. Chinn, defeated Demo- cratic candidates, filed in Circuit Court today. The errors resulting from irregulari- ties, in which voters and officials participated at the polls, the amend- ments state, changed the entire com- pletion of the election, which cost the Democratic organization control of the County Board. Permission to amend the original documents, in which Diamond and Chinn seek a recount of the election in which they were defeated for the County Board by Charles E. King and Frank H. Karn, was obtained by Joseph A. Cissel, attorney for the two Democrats, in a hearing in the Circuit Court at Frederick last Satur- THE SUNDAY STAR, WASHINGTON, Record Breakers Meet | | D. C, FEBRUARY 24, KENNAMER'S TERM! FIXED AT 25 YEARS Leland S. Andrews, transport pilot, right, whose flight from Los Angeles to New York recently was accepted as a record for transport planes, shown being congratulated by Jimmy Doolittle, his brother-in-law and the former record holder, at the Washington Afrport. —A. P. Photo. Two transcontinental air transport|2,301 miles, of 10 hours, 22 minutes speed records, established last Thurs- [and 54 seconds. Youth Is Contemptuous of Prosecution—Defense Plans Appeal. By the Associated Press. PAWNEE, Okla. February 23— Twenty-five years in State peniten- | tiary is the penalty 19-year-old Phil | Kennamer must pay for the slaying | of John F. Gorrell, jr., 23, in Tul.u’ last Thanksgiving night. The son of Federal Judge Franklin E. Kennamer stood up in Dlsmct| Court room here today and accepted the long term, levied by Judge Thur- | man Hurst, without a change of ex- | pression. The State had asked 99 | years. Judge Hurst said: “I do not feel that you should be accorded any special treatment be- cause of your father. My idea is that the son of a Federal judge or of the President should be treated just like any other person.” The defense immediately announced intention to appeal. Judge Hurst granted four months for its prepara- tion. Previously, he had denied an eloquent appeal for a new trial. Bond Set at §25,000, high temperatures prevailed and the Scott City, Kans. It shows the dust the picture was taken. - Duststorm Sweeps Kansas Plains The duststorm depicted here blanketed parts of several States and obscured the sun yesterday. 1935—PART ONE. Copyright, A. P. Wirephoto. While wind reached a velocity of 56 miles an hour, this photo was taken at cloud approaching, The town was in & murky gloom a moment after Court’s Gold Criticism Held, NEw D”SIS“]RM Empty Victory for Bondholders' day. day by Pilot Leland S. Andrews !nl For the transcontinental run, in- cluding about 13 minutes lost during Bond for the youth, convicted of manslaughter last Thursday night by HITS WEST KANSAS , ecision Tells Government It Has Been | Would Clarify Charges. Cissel asked for the permission dn order to clarify the charges contained in his original petitions and show how the alleged irregularities affected the outcome of the contests in which Diamond lost to King by 84 votes and Karn defeated Chinn by 247 ballots. Cissel, in the amendments filed to- day, charged that more than 200 illegal ballots were counted for the two Fusion commissioners which should have been discarded because the voters marked their ballots for six commissioner candidates. The law, he claimed, “contemplates the elec- tion of five county commissioners only.” The attorney for Chinn and Dia- mond had made the same assertion in his original petition, but a demurrer filed against the charge by attorneys for King and Karn was sustained fome time ago by the county on the ground that the paragraph in which an American Airlines transport phne.:me stop at Washington Airport, An- were accepted as official by the Na- | drews’ average speed was 212.339 miles tional Aeronautical Association 1-sc}:’;“‘l;:;r‘-”t:¢u.‘;l-y i;s ?m.i&‘;’."tn", He night after checking by the Bureau "f‘previoux transcontinental record for Standards of Andrews' barographs. transport _airplanes, established Jan- The record are for the 2457 miles |uary 14 by Maj. James H. Doolittle between Los Angeles and New York, in the same airplane. covered in an elapsed time of 11| For the non-stop Los Angeles- hours, 34 minutes and 16 seconds—a | Washington run, Andrews averaged new transcontinental record—and 221641 miles per hour, i point-to-point record between Los An- was taken from a standing start at geles and Washington, a distance of : Los Angeles. POSTTOTRY FLIGHT HULL TRADE PACTS EAST N 7 HOURS HELD INIRNGL.S, Plight Mme‘ a jury of filling station operators and farmers, was set at $25,000. He was ordered held in the Sandstone County jail until bond is posted. Young Kennamer said Gorrell, also of a socially prominent Tulsa family. was shot with the victim's own pistol in a struggle started when Phil sought to thwart an alleged extor- tion plot directed at the ofl-wealthy family of the girl he loves, blonde Virginia Wilcox. —A new duststorm rolled across | Over his objections defense attor- | Western Kansas and ints the Okla- |"°" pleaded temporary insanity along | pomg panhandle today to cause resi- | with self-defense. 3 “It appears to me that up to "‘Hi dents more discomfiture and farmers deeper concern for their wheat crops. time the innocent have suffered more The strange black cloud was the than the guilty for your acts,” the| udge told the youth, whose trial w {r_dg:“md he"ym a change of 'Imu‘:w second in three days. It was accom- “By your act you have brought| Panied by a static electrical display. heartache and misery to two families. | Residents at Ulysses, Kans., reported ! “I have observed you through this | seeing balls of fire bounce from wire | entire trial and have observed that | fences. { you were not much concerned, while | Kansans looked for some sign of vour honored and respected father | rain. It was their chief hope of re- Balls of Fire Seen Bouncing From Wire Fences Dur- ing Electrical Display. By the Associated Press DODGE CITY, Kans., February 33. Naughty, But Cannot Be Punished, Yale Professor Declares. obstruct and upset the new monetary policy of Congress, the gold clauses | must fall. In short, the Constitution, instead of prohibiting. sctually au-| thorizes Congregs to rule out the gold B RED iR OEEE clauses, because private conuu:zi Assistant Professor. Yale 8chool of LaW | «rights” cannot be allowed to block The external significance, or im-|full and effective control of the na- | portance, of the Supreme Court de- | tional currency. cisions in the gold cases has been | The Contract Duty of the Government. widely appreciated. Witness the in- | (The following succinct appraisal 0f the Supreme Court decision in the gold cases is reprinted from the Yale Alumni Weekly.) terest and anxiety with which the jges to pay in gold, embodied in the! With the Government's own pl‘om—i 400 MILLION MORE SOUGHT FOR ARMY House Hearing Called for Tomorrow on Plan to Modernize Military. By the Assoclated Press Not content with $379.000,000 voted for the War Departinent’s expenses next year, House preparedness advo- cates .agreed yesterday to see what could be done about getting $400,000,- 000 to modernize the Army. A military subcommittee under Representative Hill, Democat, of Ala- bama, arranged a hearing for tomor- row on the department’s sweep- ing modernization suggestions. These would call for expenditures in every corner of the Nation—the largest, $90,000,000, for up-to-the-minute Air Corps planes. Hope for Passage Dim. Chances of Congressional approval were admittedly slender. But it was pointed out that Military Committee acceptance of the plan would be a strong hint to the administration to tag for the Army s substantial {bundle of cash from the $4,880,000- 000 public works relief bill, now tied up in the Senate. Committee approval of the program, perhaps with modifications, was fore- cast unhesitatingly by some members. Meanwhile, the House Naval Com- mittee was expected to weld another link in the National defense chain by approving. probably tomorrow, a measure to authorize a $38,000,000 works program that should strengthen naval bases in Hawaii, the Canal Zone and along the West Coast. Backed by Administration. The projects, including a $10,000.- 000 floating dry dock at Pearl Harbor, Hawaii, have administration sanction. The Army modernization plan would cover all items except per- sonnel. The War Department ap- | propriation measure passed yesterday by the House authorizes the President |to increase the enlisted strength of the Army from 118500 to 165,000 rulings were awaited in Government! pederal bonds and gold certificates, | m and business circles, the immediate the court had greater difficulty. The reaction of the markets when the de- second of the gold decisions appears cisions were handed down, and the | on the surface to be self-contradictory relief apparent in appraisals of the and certainly its implications are far|$22,000.000 for modernization it was contained was not drafted May Make New Sub-Strato- Manganese Ore Resources | was hurt—bewildered,” the judge | lief. results by public officials. en. . { In addition to plane construction |it would cover: Forty-five million | dollars for reserve ammunition: $35.- 1000,000 for anti-aircraft artillery, 16.- But the from clear. The court first re(umiooo.ooo for mechanization, $37.000.- internal significance, or meaning, of | to stretch Congress’ control cf the|(000 for modernizing the Field Artil- the decisions has caused considerable | currency to permit repudiation of con- | lery and ordnance, $23,000,000 for conjecture. [Every one knows, in a!tracts made by the Government itself. | coast defenses, of which $13,000,000 vague way. that a majority of the | The Government. says the court, may | would go to the Pacific Coast and court upheld the administration; and not on any pretext welch on its own | $5000.000 each to the Canal Zone wags and more solemn critics are promises. Any attempt to do S0, as and Hawaii; $45.000,000 for technical quoting Mr. Dooley on Supreme Court | by refusing to honor a promise to pay | construction in the Air Corps, $80.- properly. Clarksburg District Named. In addition the amendments set forth that an alleged irregularity in the Clarksburg district polling place cost Diamond and Chinn “many | added. Air Filled With Silt. ‘Today's storm, like that on Thurs- day, filled the air with fine, blinding silt. making breathing difficult. The death of a motorist was attributed to the first storm sphere Attempt This Week, He Says. Declared Crippled by Brazil Duty Cut. Unmoved by Lecture. ‘The precocious Phil stood unmoved while Judge Hurst lectured him. He wore the same blue check suit in votes,” while King and Karn received many ballots that should not have been counted for them. The petition charged that the Re- publican judge in that polling place read all of the ballots cast in that dis- trict and refused permission to the Democratic judge and the challengers of both parties to either read or ex- amine them. Irregularities in Darnestown district pained for King and Karn 25 votes they should not have received, Cissel's amendments asserted, while it also was said that five ballots that bore identification marks were counted for the two Fusion nominees in the sec- ond precinct of Rockville district. Faulty Count Alleged. It was also asserted that Diamond and Chinn lost “more than 50 bal- lots” through election officials through- out the county failing to count on one of the talley sheets whenever differ- ences occurred between the talley sheets of the clerks. The petition explained that when- ever such discrepancies occurred they were corrected by omitting the count on one of the sheets until the sheets of the various clerks showed an iden- tical number of votes. Diamond and Chinn seek through their suits to have the ballots cast in 21 of the county’s 32 polling places recounted, They charge that the ir- .regularities which resulted in their . defeat occurred in all of the precincts .except the second, fourth, fifth, sixth, ,seventh, eighth and ninth precincts of . Wheaton district and the first, sec- ond, fourth and fifth precincts of Be- +thesda district. ZPRESIDENT’S VISIT “ 70 SON’S INITIATION STIRS ’36 BACKERS (Continued From First Page.) «an evening of festivity and reunion “with old friends and classmates. When -he was a Harvard student he also .was a member of “The Fly,” one of =the oldest of the college's clubs. His path from the railroad yards, where he left his special train, was “flanked by hundreds of policemen. The Chief Executive's visit to Cam- bridge was made solely to see his “third son initiated, along with nine other Harvard students. He dined with a group of its past and present members, and later watched his son led into his presence, blindfolded, for the ceremonies. The club, which admits only about 10 students a year, has many other famous names on its roster, including Edward Everett Hale, President Theo- dore Roosevelt, Charles Francis Adams, former Secretary of the Navy; Owen Wister, the author, and others. The President’'s visit tonight to Harvard was his first since 1929, the twenty-fifth reunion of his class. Politics were “out” during his stay, aithough Gov. James M. Curley, a “before-Chicago” Roosevelt man, ob- tained the presidential ear for about 15 minutes while the special train sped across the State from Spring- field. Mayor La Guardia of New York had consulted with the Presi- dent en route from Philadelphia to New York. Studies Jobless Problem. En route to Cambridge the Presi- dent studied the problem of unem- ployment, receiving details from Mayor La Guardia for a billion-dollar pro- gram under the doubtful four-billion- dollar work relief bill cornered in the Senate. There was a feeling that Mr. Roose- velt was convinced the attack on unemployment should be by way of work relief rather than the so-called dole, although he again declined com- ment. 5 Mayor La Guardia, who is planning & 14-year billion-dollar public con- struction program, refused to divulge the amount he was asking for the first year, but did say he could use $150,000,000 on housing construction alone. e By the Associated Press The American Manganese Pro- ducers' Association charged last night | that Secretary Hull, in negotiating ‘rec!procll trade agreements reducing tariffs, was crippling industries vital By the Associated Press. LOS ANGELES, February 23 —Wiley Post, one-eved blazer of air trails, ex- pects to fly through the sub-strato- sphere from Los Angeles to New York, nearly 2.500 miles. in seven hours. The attempt may be made next week ; if weather is favorable. s |ilouthe Natimisidetenne (ot Far from discouraged by the fajlure | Citing the recent uncorditiona yesterday of his first attempt, Post | most-favored-nation pact with Brazil said he was “more confident than ever” the next try would be successful and that he would reduce the existing transcontinental mark of 10 hours 2 minutes, held by Col. Roscoe Turmer, Los Angeles speed pilot. | " Calculations at the Lockheed Afr- | fall overnight. ) craft Corp. plant showed Post aver- | wn"':;k'e'f;nh;;m;t ;;“:h:- -i: aged 345 miles an hour up to the time | ernos, = R piane. the S-year-old Winnic Mae, ciation, "to determine whether or nol, @evcloped an alt/dme lenk trials essential lgg‘nluonnplodc(e.nse are Forced to Turn Back. | | to be suddenly swept away.” Post traveled 278 miles of the 2,447- “Unjustified Attack” Claimed. mile dash from Los Angeles to New | | York before he was forced to turn |t what he termed “an unwarranted back near Kingman, Ariz. He landed | and unjustified attack” on domestic at Muroc Dry Lake, on the Mojave manganese producers by kull, in Desert, 125 miles from Los Angeles. | which the Secretary of State asserted He said his short-lived flight had | that only a few hundred men were removed considerable doubt from his | employed in producing less than 10 :r‘ni{r::gabo;it;;:::;ml;?e;gde;; i pe:dcenl of the Nation's manganese - * . | needs. | bas or the original manganese the plane to serve for a landing gear. | tariff » Adkerson declared. “and the The flyer was not greatly con-| war Department has for years given m’:"d t‘m‘;'i,eh’;e dls;fb"l"‘ixc‘d P‘;“ge its active support to the development ;l:lme: t‘;.“mug"t‘l hER he.:\'fll b: of domestic manganese deposits for u fonal poses. G5 guypeavana Rirogen, (out. dome | aoonal el el BIpOEE LT concern is held by the technical ex- | e perts, as it has not been demonstrated| Neither the War Department nor the apparatus wil work for seven|the Tennessee Valley Authority, he hours. | said, took part in the negotiations or ! had an opportunity to present their | views, although the T. V. A. had pre- pared to develop manganese deposits in that area. “Manganese mines in Brazil” Ad- rson declared, “are owned by the United States Steel Corp. and the ore is imported regardless of any .duty or trade agreement. No appreciable | benefits will be gained. The duty will lost. About 500 men now em- ployoed in the domestic industry will _ | be thrown out of employemnt and further employment will be denied 5.000 to 7,000 men.” MELLON’S FAMOUS ART TREASURES HERE, SEALED IN GALLERY was reduced from 1 to '3 cent per pound, the manganese producers warned that “under the policy pur- sued by the Secretary of State no industry is immune” and “the ax may Speed Test Seen. Post's “oxygen generator,” a brass ball containing & liquid solution, forces | oxygen and nitrogen into the helmet | through coils which vaporize the so- ke lution. It has a valve control ap- paratus. Engineers consider Post's speed on ! the first attmpt an accurate barometer on what he may be expected to do on the ‘ranscontinental hop. Post reached Xingman ir 50 minutes, and at that point had reached an al tude of more than 24,000 feet. The first 40 minutes of his flight were spent gaining altitude, and still he averaged a fraction less than 345 LLOYD GEORGE SEES PERIL IN ARMS RACE | | : . < | denied deductions on gifts that year, Wartime English Premier Fears|including $3241.250 paid for five i famous paintings obtained from the Rearmament Will Lead to | Hermitage collection in Petrograd. The Soviet government, needing Second World War. cash for machinery, parted with these paintings. Mellon sent several art experts from New York to inspect the By the Associated Press. treasures before they were bought. MANCHESTER, England, February| Except for those named by Hogan 23.—David Lloyd George, the war-time | 85 being purchased, and another Ma- premier whose attacks on the govern. | donna by Raphael, which Melion is | known to have, names of his other ment have swung him back into the pictures are being closely guarded. political limelight and possibly elim- ‘The five now at the Corcoran Gal- inated his chances for a new cabinet lery named in the case are: ’ o Raphael's noted “Madonna of the m.,,‘,;;‘;';‘o;;‘;‘ at the world's re-| . e of Alba,” which.ss painted in “The process of rearmament has|1510; “The Adoration of the Magl," begun,” he said. “It has begun in| DY Sandro Boticelll, painted about Europe, in Asia and America, and we 1841; “The Crucifixion, With 8t. are being forced into the same com- John, the Magdalene and St. Jerome,” petitive race for armaments as brought | Produced about 1495 by Perugino; the world to disaster before.” “The Annunciation,” painted about 1434 by Jan Van Eyck, the “inventor Lloyd George said the Washington 3 P2 Arms Conference of 1922 was “the %e";l‘“?:“fm‘" k"g _nVemu WL": only disarmament conference ever FL tian crea held that concluded in a large meas- about 1565. " Robert H. Jackson, Government ur;e%flduils‘:m:onmfigt. attacks on the mmel in the tax suit, had a peek at present national government, he called fve’ ploures. bofore | the case attention to the fact that while there opened. He said all others in the were 1,300,000 unemployed in Britain | Collection were tghtly wrapped in during the la.t year he was in office, burlap at the time. -He did not say there were 2,300,000 now. where he saw them or when. AID FUND- REVUE TO Government Employes’ Federa- High Duty on Birds Urged. CHICAGO, February 23 (P)— Estimating that the importetion last year of 179,782 singing birds cost | American breeders approximately | in which the duty on manganese ore | Adkerson's statement was in reply | which he was clad the night Gorrell was shot to death in the fashion- | able Forest Hills district of Tulsa. | _Later, in the office of Sheriff C. M. { Burkdoll, Kennamer issued a char- | acteristic statement denouncing the prosecution with bitter polysyllables i and upholding his own actions. | “For the prosecutors I have only | the deepest contempt,” he said. “Those gentlemen engaged in every low prac- tice known to courts, from the in- { timidation of witnesses to the intro- duction of extranecus matters which were intended only to prejudice the minds of the jurors.” The jury itself was declared un- fair because “into their subconscious minds had been poured such a stream ! of virus against me that they could { not be impartial.” | SCHUSCHNIGG ENDS PARIS DISCUSSIONS ! Austrian Chancellor Expresses Faith in Rome Accords Between France and Italy. Agricultural authorities reported wheat damage was heavy in Southwest | Kansas. The wind whipped over fields, picking up the dry soil and leaving wheat roots bare. An amber pall hung over the area affected. The sun was hidden from sight. In some sections traffic was halted. | Heavy rains, farmers said. would | stop the storms Show uld pack the surface dirt and stop the erosion Insufficlent Winter rainfall was blamed for the blowing of planted and plowed fields. Four States Affected. | Thursday's storm swept out of Ne- | braska, across Kansas and Oklahoma | and into Texas. Eastern Kansas began to suffer | from the storm today. Pringes of the dust clouds began arTiving. sifting silt. Crops in this part of the State | were not hurt, however, as the ground has sufficient moisture to hold the soll The storms were used by experts to emphasize the need of soil erosion projects. Farmers heard new warn- ings from the Interior Department at ‘Washington that more storms of this kind can be expected until proper steps are taken to prevent their re- currence. Maintenance of an ade- quate cover of vegetation and scien- tific and practical methods of cul-| tivation were recommended. | By the Associated Press. | _PARIS, PFebruary 23 — Chancellor | Kurt Schuschnigg of Austria wound | up two days of whirlwind discussions at the French foreign office today with a public expression of his faith in the Rome accords between France and Italy. A communique issued tonight after their final conference said Foreign | Minister Pierre Laval and Schusch- nigg had reached complete accord upon the program laid out in the Rome agreements to maintain Aus- trian independence and consolidate the peace of Europe. The communique said Laval and Schuschnigg “were in agreement in recognizing the advantages all inter- { ested countries ought to draw from | the conclusion. in a spirit of complete equality, of the Central European pact, the principles of which were | outlined in the Franco-Italian con- versations at Rome.” Both statesmen expressed their pleasure “in the agreement of- the |of '91. French and British governments to| At a recent meeting of the society, | consider this projected pact as an|Maj. E. D. Freeman was elected pres- | element of security forming with|ident. Other officers are John R. PRESIDENT AND DEAN OF HAVERFORD GUESTS' College Society to Honor Dr. Com- fort and Archibald MecIntosh | at Dinner Tomorrow. Dr. W. W. Comfort. president of Haverford College, and Archibald Mc- Intosh, dean of freshmen, will be guests of honor,at the first annual dinner of the Haverford Society of Washington tomorrow at 7 pm. at the University Club. Speeches will be made by Dr. Com- fort, Dean McIntosh and David H. Blair, Washington attorney and for- mer commissioner of internal rev- enue, who graduated in the class other agreements of a regional char- | Hoopes, vice president, and John w. | acter an indivisible whole guarantee- | Hazard, secretary-treasurer. ! ing peace.” Chancellor Schuschnigg leaves to- morrow for London. 3 k — : Will Spea |U. S. to Plant First L irt Secretary of Labor Frances Perkins Trees e Pralrw will discuss the administration’s pro- | F Orest Belt Soon posed program of social security in the National Radio Forum t,omorraw‘ : night. | Work to Start in Texas| The forum is arranged by The . o Washington Star and broadcast over | in Few Days, Moving |a cosst-to-coast network of the Na-| tional Broadcasting Co. The address North Slowly. will be heard locally from WRC at 10:30 p.m. | By the Associated Press. Secretary Perkins is one of the LINCOLN, Nebr., February 23.— |“pioneers” in the present official The first trees to be planted in |family for social security, having been the Federal Government's $75,000,000 | for several years an advocate of un- shelter-belt program will be set out m'emplnyment insurance, old age pen- Texas in a few days. sions and a student and supporter J. D. Jones of Wichita Falls, Tex., |of other forms of permanent social ! director of the program designed to | relief. conserve moisture and halt wind Along with Senator Wagner of New erosion, said at national headquarters | York and Representative Lewis of today he was ready to start planting | Maryland, she conducted the pre- as soon as he returns home from a |liminary studies and assisted in the two-day conference here. The shel- |original draft of the first jobless in- ter belt will extend from North Dakota | surance bill proposed in $ to the Texas Panhandle. which was introduced more than a Only one mile of trees will be |year ago, but failed to pass. planted in Texas this year, Jones The measure now pending before said, because the planting season al- | Congress is largely attributed to her ready is rather far along. authorship, she having worked in In Oklahoma, where a strip 221; |close co-operation with other admin- miles long is planned, planting will |istration leaders in outlining its pro- begin shortly after March 1. Oklahoma | visions. | will plant about 200,000 trees this| Secretary Perkins will discuss the | year. In Kansas, the first trees of | pending bill and outline the rights the State's 40-mile strip will go in |and duties of States and individuals ! such as the greenbacks after the policy. But the court. of course, dis- | in gold, is clearly unconstitutional. claims all political interest and. in One of the distinguishing character- 000.000 for quarters and barracks. 1$6,000.000 for National Guard camps terms at least, bases the decisions on | istics of a sovereign is the power !oj and $8,000,000 for miscellaneous equip- a straight interpretation of the law.| incur obligations which necessarily ‘What is that interpretation, how is it | involves a duty to fulfill such ob- reached, and what do the decisions ligations. | mean? However, another attribute of sov-| ) ereignty is immunity from legal suit. ' Twe:Miccislons Taveivis The Government cannot be sued with- | Although arising in several cases.|oyq it5 own consent. It is true that | there were in reality only two d"d‘hhe United States has set up a C sions. The first considered the cl&ims | of Claims in which suits may of private bondholders that under the | brought against the Government, and | familiar gold clauses of their bonds| i1, cases involving the Federal gold | hey were entitied to be paid in goid | el i | clauses were, in fact, instituted in the dollars. or at least in an equivalent| court of Ciaims. But payment of of thér value as of the date when|j.qoments secured in the Court of the bonds were issued. The second | Ciaims decision considered the similar claims | p,wfl;d“‘g,"'c“;;‘:ge;"hm'“gg( { i of holders of Federal bonds and gold certificates. Briefly, both classes of ies jud“menu. claimant asserted a contract right to No Payment in Gold. be paid at the rate of $1.69 for every Now. asks the Supreme Court, can | face-value dollar, on the ground that | Congress, having withdrawn gold from the gold to which they were entitled | circulation, be forced to pay out gold was worth $1.69 of revalued currency. | to satisfy Court of Claims judgments? | Both argued the unconstitutionality of | And the court answers that it can| the administration’s monetary policy | not. For Congress, in so far as it purported to deprive | the privilege of suit against the United them of their asserted contract rights. States, can limit that privilege as it The Gold Clause in Private Bonds. hflffifl- ’Mm'eover_ Congress, in ex- In denying the claims of the private | STCINES i3 control over the currency bondholders, the court upheld with-|Co; 204 has withdrawn goid coln from circulation. And Congress, by out any hesitancy the power of Con- | T e to inaniy | thelsold tein in | taking gold out of circulation, has learly denied pl: i Private. contracts. First, said - the | S e acmied plaintils in the Court court, those clauses intend payment 10 | Ty the Court of Claims, although money; they were meant only to uard | ji5 technical jurisdiction extends to acainst possible future payment in the | this type of case, has not the power less valuable of two types of CUITENCY | 15 order the ;r;ld payments which would amount to specific performance Civil War; they do not make of the | r 3 bonds commodity contracts contem- £ the Sovermment’s prom e plating delivery of gold bullion. But | A Right Without a Remedy. the Constitution specifically gives Con- | Can, then, these holders of gold | gress full control over the currency bonds and certificates recover, in the along with such powers as may be Court of Claims. money damages for necessary to make that control effec- the Government's failure to live up tive. In exercising that control Con- | (o its promises to pay in gold? Can gress can. If it wishes. sweep aside they get the extra 69 cents on every the provisions of any private contract : dollar which the gold promised them that stand in its way. To hold other- | would be worth today? And again wise would be to allow any one who makes a contract to limit congres- sional action by the terms of that no damages. The dollar which the contract. To have held otherwise in ' Government is willing to pay them is the past would have made invalid the | worth as much to them today as the bankruptcy act, the employers' liabil- | promised gold dollar would have been ity act. and other laws which violated | worth to them before the dollar was the terms of existing contracts. More- | revalued. Since they have in fact over, the Federal Government is no- | sustained no loss, to pay them the where in the Constitution forbidden, | extra 69 cents would amount to an as are the States. to impair the obli- | “unjust enrichment” such as the gations of contract. Ina¥much as the | Court of Claims is not empowered gold clauses, if upheld either as re- | to grant. And it is this equitable quiring payment in gold or at the rate | defense to the suits, interposed by the of $1.69 on the dollar, would clearly | Supreme Court in behalf of the Gov- | ernment, which estops the claimants from realizing the present money value of their gold promises. Thus the court, while saying that the Government's refusal to fulfill its gold promises is illegal, actually holds that the beneficiaries of those prom- ises can get neither their gold nor !its present value in money. They have won & moral victory in estab- | lishing their “right,” but the right has no remedy. The court in effect tells the Government that it has been naughty, but that it can not be punished. A Few Unanswered Questions. It is clear then that the gold cleuses are worthless to holders of private bonds and that, so long as gold is restricted from circulation, holders of Government securities can not and will not be paid in gold. But the basis on which these latter holders are re- fused their equivalent in present cur- rency raises several questions. For that basis is the failure of the claim- ants to establish a real loss in pur- chasing power. Could, then, a foreign holder of Federal bonds, who had suffered by the revaluation process a genuine decrease in purchasing power, recover in damages? Such recovery could scarcely be called an “unjust enrichment.” Can a domestic holder get an extra 5 or 10 cents instead of 69 cents on every dollar, if he proves with price indices that the present doller will buy that much less than the old dollar? Could he get his full 69 cents in the event of real infla- tion in the future? Determination of such points as these may well require further eluci- dation of the instant decision. Cer- tainly it is likely that such arguments, in Forum after . granting | the answer is no; because, says the | court. they have in reality suffered ! ment and arms. such as gas masks. ! rifles and motor SIAMESE WAR CHIEF % SHOT AT GRID GAME First Political Assassination At- tempt in 17 Years Fails and Police Hold Suspect. i By the Associated Press BANGKOK, Siam. February 23 — ‘The first attempt at political as- sassination in 17 years of Siamese history was made here this evening upon the brilliant young minister of defense, Luang Bipul Songgram A lone assailant sprang at him while he was leaving a foot ball match and fired two shots from a pistol. wounding the leader of Siam's | modern war machine. | Bipul, who played a leading pa:t | in suppressing rebels during the revo- lution of 1933, was reported to be resting comfortably in a hospital, cer- tain of recovery. The assailant was immediately ar- rested. Authorities did not disclose his identity. | Lacking any other possible clue |as to the motive for the attack, au- thorities were inclined to believe the | attacker was a disgruntled partisan | of the unsuccessful 1933 revolt. The last attempted assassination in Siam was an unsuccessful plot on | the life of King Rama VI in 1918 Although revolt has disturbed Siam the wealthy little kingdom has been | comparatively quiet since the depar- | ture of King Prajadhipok for Europe | and England. where he is now. |TALY SENDS 10,000 TROOPS TO AFRICA; MORE SLATED TO SALL (Continued From First Page.) news of troop movements in news- papers was lifted today. ‘Thousands of volunteers eontinue to flock to Fascist headquarters in each province seeking to volunteer. Ethiopia Hopes for Peace. Assurances came from Ethiopia that |she has made every effort to meet Mussolini's demands for the creation of & neutral zone between Ethiopia and Italian Somaliland. Emperor Haile Selassie wired his legation here that through the com- mander of its military post on the frontier Ethiopia sought to establish the neutral zone. This was among the Ttalian demands following border clashes. “The message clearly demonstrates,” Negrados Yesus, Ethioplan Minister, said, “the emperor’s wish for peace at virtually any cost.” TROOPS CONCENTRATED. African Port Bustling With Warlike Activity by Italians. JIDDA, Arabia, February 23 (P.— The city of Massawa, across the Red Sea from this mecca seaport, WAS bustling with warlke activity today as the forces of Il Duce prepared for possible conflict with Ethiopia. £ Massawa would be one of Italy's strategic centers in case of a clash. S ADVISORY BOARD SOUGHT Northeast Boys' Club Plans to Interest Leading Citizens. Creation of an advisory board for the Northeast Boys' Club, to be com- posed of 50 or more citizens, is being planned by the board of directors of the club. Invitatibns to a selected group asking them to become members tion Plans Sick Benefit Dance. A musical revue and. dance will be held by the Sick Benefit Associa- tion of the American Federation of Government Employes, at the Audi- torium, March 18. The affair is for the treasury of the Association. and professional tal- ent from New York is being engaged, it is announced. The association is headed by Mrs. Maude M. Anderson. L QUANTICO PLANES LAND MIAMI, Fla, February 23 (P).— Fleven Marine planes, returning to their Quantico, Va,, base after maneu- vers off Puerto Rico, landed here late today. The squadron, commanded by Maj. R. E. Moore, will continue on to Quantico tomorrow, weather per- mitting, no matter how tenuous some of them | of the board will be sent out within may be, will be made the bases of | the next 10 days. further protests. Meanwhile, the| The object of the board, it was ex- holders of the Government's valid | plained by A. W. Howard, president but unenforceable promises may take | of the board of directors, is to bring such satisfaction as they can out of | to the atténtion of Washingtonians the the fact that the Supreme Court has| work being done by the boys' club. spanked the administration with one | Members of the board will be asked to hand, while directing it with the|attend thq annual meeting and the other to go right ahead with its gold | various baking shows and other enter- SECRETARY OF LABOR PERKINS. | policy, and damn the torpedoes, tainmentd during the year, b A $1,000,000, the American Canary |the ground shortly after March 15.[under its authorization. Breeders' Federation today voted to|Kansds will plant more than 225,000 ask for an increase in import duty | trees. from 50 cents to $2 on singing birds| Planting of Nebraska's 25-mile under $5 value. Dr. George D. Bay- | strip will begin shortly after April 1, LONG BEACH, Calif., February 23 lin of Los Angeles was elected presi |and two weeks later North Dakota | (#)—Mrs. Ida Mae Hawks, 61, mother dent tonight. Rev. Edgar Sattel- |will put in the first of its 35-mile{of Capt. Prank M. Hawks, speed meler, Ann Arbor, Mich., was named | strip. fiyer, died today at the home of her chairman of the Legislative Commitee, This year’s planting will be largely | daughter, Mrs. Mary E. Davis, in Bell, which will protest to Washington on | demonstrational, the State director | near here. Mrs. Hawks was born in the present duty. kRS Mazshalltown, Iowa, wl Frank Hawks' Mother Dies. ¢ L Il