Evening Star Newspaper, February 27, 1935, Page 1

———————————————————————————————— WEATHER. (U. 8. Weather Bureau Forecast.) Fair, continued cold tonight, minimum temperature about 14 degrees; tomorrow fair, slowly rising temperature. Temperatures—Highest, 45, at noon yesterday; lowest, 15, at 7 a.m. today. Full report on page 9. Closing N.Y.Markets, Pages 15,16 & 17 No. 33,174 SENATORS GONFE INMOVE TO BREAK - RELIEF DEADLOC Four Supporting Prevailing Wage Will Pariey With Roosevelt Aides. ACTION ON BILL AWAITS RETURN OF PRESIDENT Temporary Fund Is Suggested to| Tide Over Program Until July. By the Associated Press Progress in the effort relief bill controversy Senate and White House was reported - after a conference today of four Sen- ators favoring the prevailing wage amendment to the $4.880,000.000 work bill. While details of the meeting were withheld, Senator Wagner, Democrat, of New York, in whose office it was held, said he thought there would be “some light” on the situation later. The other Senators participating were McCarran, Democrat, of Nevada, author of the wage clause opposed by the President: Costigan, Democrat. of Colorado, and La Follette, Progressive, of Wisconsin. Carran amendment. Another Conference Slated. Wagner said the group would get together again later in the day. in-! dicating the results of their meeting | would be <onveyed to Democratic Entered as second class matt post office, Washington, D. to settle the! between theand Charles Sherrill, who is writing er e President Starts Back Tonight to Face Relief Fight May Consider Radio Ad- dress in Behalf of Dead- locked Measure. By the Associated Press. HYDE PARK, N. Y., February 27.— A mantle of fresh snow provided a cold but cheerful background today as President Roosevelt, enjoying the last day of a brief vacation at home, prepared to return to the Capital, where things political are neither so cool nor so placid. It was another day of comparative freedom for the Chief Executive, who appeared ready to ask congressional leaders just what was what about the work relief program, stalled in the Senate. He has been closely observant while at home, and there seems little doubt that he has formed some defi- nite ideas about the trend of his leg- islative program in Congress. His confidence in the overwhelming Dem- ocratic majority seems firm. Raymond Moley, editor of Today, a book about the President, called late yesterday. They left without comment, but Moley's appearance gave rise to renewed speculation that the President might be considering a radio address on the work relief bill. A special train will halt at the little Hyde Park station late tonight to carry the President on an over- night ride to the Capital. Speaking of his return to Washing- ton he observed he had two engage- i ments which required his presence | there tomorrow, the annual Army and | Navy reception at the White House All voted for the Mc- | Thursday night and a luncheon to | i Gov. Murphy of the Philippines on Saturday. ETHIOPIA OFFERS | | | T WASHINGTON, D. C, WEDNESDAY, FEBRUARY 27, 1935—THIRTY-FOUR PAGES. \ VESSEL DISABLED BY STORM IS LOST WITH CREW OF 2 Three Ships, Answering S0S, Fail to Find Blairgowrie. WIND OF HURRICANE FORCE SWEEPS ATLANTIC Mountainous Seas Cripple Many Poats—Olympic to Search for Freighter Wreckage. BY COMDR. OSCAR SCHARF, Of the S. S. Europa. By the Associated Press. S. S. EUROPA AT SEA, February 27.—After intercepting an S O S from the S. S. Blairgowrie, we went to her assistance and arrived at the scene at 2 am. G. M. T. today (9 p.m. Eastern standard time Tuesday). We searched all night in company with the S. S. American Banker and the S. S. Blom- mersdyke without success. The last radio message received from the Blairgowrie was heard at 12:08 | am.G. M. T. today (7:08 p.m. Eastern | standard time Tuesday) said she was | in a hopeless position. A full force hurricane was blowing. (As full force hurricane indicates a wind velocity of 75 or more miles an hour.) At 11 am. G. M. T. today (6 am. Eastern standard time) the three res- cuing ships discontinued their search as hopeless and proceeded for their destinations. 1 | 1 DIDN'T PUT MY HAT IN THE. RING BUT | SEEM ToHAVE ¢ Foenin WITH SUNDAY MORNING EDITION \\\\ STARTED SOMETHING RITCHIE ATTACKS POLIGIES OF NICE Criticizes Governor’s Radio 18 | o Sfar ,000-Acre Tract in Virginia Boughtby U. S. for Recreation Ground Located Betiwveen Mount Vernon and Quantico to Be Developed leaders. 3 “We just had a general discussion and all agreed not to say anything afterward,” Wagner told reporters. McCarran agreed with this state- ment, but added “no proposition was put up” to the conferees. “There is no change in the at- mosphere.” he said. “There can’t be any compromise; we either have the wage amendment or not.” Prior to the conference. the Nevada Will Be Safe if Il Duce PLEDGE OF PEACE {Emperor Swears Colonies Senator had stated he would not ac- | cept a compromise unless it contained the “spirit” of his amendment. ‘Wagner Refuses Details. While Wagner refused details. his: statement that there would be “light” | thrown on the situation was inter- preted generally that a move was; afoot to brng both sides of the con- | troversy together. Recalls Army. By the Associated Press. ROME. February 27.—Negradas Yesus, Ethiopian charge d'affaires, announced today that Emperor Haile Selassie would guarantee that if Italy withdrew the troops on their way to Meanwhile, administration leaders East Africa, Ethiopia would not so HOPE IS ABANDONED. Masters of Rescue Ships Doubt if Vessel Survived Gale. NEW YORK, February 27 (®).— Radiomarine Corp. received word to- day that the giant liner Europa and two other ships had abandoned their search for the Blairgowrie. The Oympic, another big liner, was due at the scene three hours later and was asked to make a final search for the vessel as it passed by. None of the masters of the three | ships which hung at the scene throughout the night had any hope that the Blairgowrie survived the hurricane which was raging. The last report was that it was | turning over. Twenty-six men were aboard the | withheld comment on the troubled | much as “touch a stone” belonging to | Blairgowrie, which had given its posi relief situation pending the arrival tomorrow of President Roosevelt from Hyde Park. Chairman Glass has made | no move to call the Appropriations Committee, to which the bill was re- | turned last week. : One influential Democrat who sided | with the President on the wage ques- tion said four propositions were un- der consideration by both sides and all vndoubtedly would be laid before Mr. Roosevelt when he returns to the Capital. Emergency Fund Proposed. ‘These included: 1. To have the committee report out an appropriation of $880,000,000 to carry on direct relief through June, with the public works program held temporarily in abeyance. 2. Reporting of an appropriation of $1,880,000,000 to continue the “dole” system through the next fiscal year, with public works side-tracked indefi- nitely. 3. Report the bill without the Mc- ! Carran amendment and take a chance ! on defeating the prevailing wage on ! another test 4. Report a bill with a substitute for the committee amendment author- izing the President personally to fix the wages. The committee provision, which was supplanted by the McCar# ran proposal, authorizes wages below the prevailing scale, but in event it were shown private wages were being curtailed the Executive would be re- quired to increase them to the private level. Veto Threat Reiterated. The President’s intention to veto the bill if it is passed with the Mc- Carran amendment was reiterated yes- terday by Glass. Explaining why the bill has been held by his committee since the set-back suffered by Roose- velt forces on the floor, he said: “It was my judgment that it would be useless to proceed with a bill the President was going to veto. I don't think anything will be done until he gets back. I am ready at any time to proceed with the bill.” 2,250,000 Now On Relief. Elsewhere in the Capital, officials discussed the deadlock’s effect on their plans to have 3,500,000 destitute on jobs by July 1. Should the proposed $4,000,000.000 for work projects be made available in the near future, they said, the goal still could be attained. These officials, who preferred not to be quoted by name, explained that 2,250,000 persons already are earning relief allowances by working on pub- lic construction, canning food for the destitute, doing research and the like. These projects could be continued for a time after the new program went into effect, it was said, with 700,000 additional workers swinging immediately into highway construc- tion and thousands more beginniug soil erosion control projects. Primary Plans Made. ‘The officials said that, after all the 3,500,000 had been given work, some projects in the present work-relief program could be pruned out to pro- vide labor for grade-crossing elimina- tion, low rental housing and other (Continued on Page 4, Column 3.) Italy’s Italian colonies. Yesus made this statement in an interview with foreign newspaper men in which he reiterated previous state- ments that Ethiopia desired peace. “I have just received a letter from the Emperor.” said the Ethiopian dip- lomat, “in which he swears on his dynasty that Ethiopia never made any aggressive move toward Italy and never had any such intention. Proclaims Fidelity. “Hence, the mobilization of Italian troops near the frontiers is inexplica- ble to the Emperor, whose sole desire is to live in peace and friendly rela- tions with Italy and Europe. The Em- peror remains faithful to the League of Nations.” Yesus said he knew nothing of a report in Addis Ababa, capital of Ethiopia, that Italy was recruiting troops in Yemen. Meanwhile the S. S. Arabia sailed from Naples with additional troops and war materials bound for East Africa. CAPTAIN CONVICTED IN SHIP COLLISION British Naval Officer Is Found " Guilty of Hazarding Two Fighting Vessels. By the Associated Press. PORTSMOUTH, England, February 27.—Capt. H. R. Sawbridge of the battle cruiser Renown was convicted today by court martial on a charge of hazarding two of the empire’s great- est naval ships, the Renown and the Hood. The grizzled old sea dog was the second high ranking naval officer to be tried for responsibility in the col- lision of the Renown and H. M. S. Hood. Rear Admiral Sidney Robert Bailey was acquitted yesterday and Capt. F. T. B. Tower. commander of the Hood. has yet to be tried. The veteran Capt. Sawbridge, sur- rendering the sword emblematic of his high rank, pleaded not guilty. The charges were that he steered a course “until the risk of collision was present, subsequently failing to take effective action to prevent collision.” | tion as about 1,000 miles east of New- foundland. The Europa, from New York, was headed for European ports. MANY SHIPS DISABLED LONDON, February 27 (#).—One by one various other ships damaged | by the Atlantic storms were struggling into port or waiting for the high winds |to abate before trying to proceed. | The S. S. Karma was standing by | the British steamer Hillcroft and at- tempting to place a tow line on board the craft, helpless since its propeller | was wrenched away in towering seas. The freighter Europa—not the |North German Lloyd liner—found refuge from the storm’s fury in the port of El Ferrol, Spain, and the Brit- ish S. S. Ottinge arrived at Brest, France. The San Melito, also of British reg- | istry, was beating its way back to England for repairs; the Italian Cat- erina Madre was under tow; and the Greek Eftychia Vergotti was being convoyed toward Brest. MRS. H. B. DAVIDSON KILLED BY MONOXIDE D. C. Woman, Former Elva Stat- ler, Dies at Winter Home in Pinehurst, N. C. | By the Associated Press. PINEHURST, N. C.. February 27.— Mrs. H. Bradley Davidson, jr., 22, of Washington, D. C., the former Miss Eiva Statler, heir of E. M. Statler of hotel fame, died here today at her | Winter home of what her physician | described as carbon monoxide poison- | ing. 5 The bride of less than two months | was taken to the Moore County Hos- pital shortly after 9 o'clock this morning in an unconscious condition, having been taken from behind the steering wheel of her automobile in | her garage at Edgewood. Dr. M. W. Marr, at the hospital, said in spite of two hours’ effort to save Mrs. Davidson's life, she never regained consciousness. It was he who attributed death to monoxide poisoning. Colder Weather Due Tonight; Icy Pavements Snarl Traffic Continued cold weather was in prospect today after a night of icy snow which spun scores of automo- biles into traffic jams and forced down a Washington-to-Pittsburgh passenger airplane at Orange, Va. The ice was thawing on the streets today only in the direct rays of the sun, and & minimum of about 14 de- grees was expected tonight, one point colder than that recorded at 7 o'clock this morning. Slowly rising tempera- ture is predicted for tomorrow. While this newest blast of Winter swept the entire Eastern seaboard, the Middle West and Northwest reported abatement of the wave of cold and " | snow. Radio Serial Story .. Service Orders Short Story ... Society . ‘Sporu oo Heavy snow covered New York and Pennsylvania and the temperature fell from 53 to 15 degrees in New York City in a few hours. Highway and rail transportation were hampered and storm warnings were posted for all Eastern shipping. Nine inches of snow 'was reported in West Virginia. At the same time the Midwest began digging out and the Puget Sound area rl, ported a Springlike 54. Southern Cal | fornia, however, still feared freezing of its citrus fruit crops. Two weather deaths were reported in Texas. Bemidji, Minn, reported 20 degrees below yesterday. All five passengers aboard the grounded plane in Virginia rebooked passage by &.r this morning following their return to Washington. ‘The inch and a half of snow which fell last night resulted in traffic jams on the Thirteenth and Sixteenth street hills, on Connecticut avenue at Florida avenue and on many high- ways leading into Washington. An all-day rain turned into snow about 7 o'clock last night, depositing a slushy coating on the streets that began to freeze before midnight. Five District sanding crews were put to :lorkonthewumhml:ndlnmm- ons. City and out-of-town busses were delayed, however, by scores of minor automobile . Almost a dozen motor cars were involved in a jam | on Sixteenth street near Meridian Park during the Tush hogy this morning “Chat” and Charges Lack | The only evening paper in Washington with the Associated Press News and Wirephoto Services. Yesterday's Circulation, 128,660 Some Returns Not Yet Received. TWO CENTS. FH% (P) Means Associated Press. SECTION 7-A IS VOIDED ASUNCONSTITUTIONAL IN WEIRTON DECISION ' Judge Bases N. L. R. A. Ruling on Lack of Right to Regulate Labor Relations Within State. UNABLE TO FIND COERCION IN COMPANY UNION PLAN, HE SAYS General Welfare Preamble to Constitu- tion Does Not Confer Such Power Upon Congress, Verdict Holds. By the Associated Press. WILMINGTON, Del., February 27.—The Federal Government lost a major battle under the national industrial recovery act today with a ruling by Federal Judge John P. Nields that section 7-a is “unconstitutional and void” as applied to the Weirton Steel Co. and its business. ‘The decision denied the Government's plea for an injunction to restrain the company from dealing collectively with its employes through the so-called company union and held that the union is adequate under the act. “Enactment of 7-a Is Unauthorized.” “The enactment of section 7-a either is authorized by the commerce clause of the Constitution or it is unauthorized and void,” Judge Nields ruled. He further ruled that “the manufacturing operations conducted by the defendant in its various plants or mills do not constitute interstate commerce. | “The relations between defendant and its employes do not affect inter- state commerce. Manufacturing is a co-operative enterprise. Production in | quantities and quality with consistent wages, salaries and dividends depends | upon a sympathetic co-operation of management and workmen. | < “By a clear preponderance of evi- | dence this court finds that the plan of Government Appeal ‘mpiose representation in - effect among the employes of the defendant affords a lawful and effective organi- of Financial Plan. By the Associated Press. BALTIMORE. February 27.—For- mer Gov. Ritchie was on record today | with a slashing criticism of the ad- ministration of Gov. Nice, his Repub- ‘The Federal Government has pur- | chased 8.000 acres of sub-marginal |1and in Virginia, between Mount Ver- ren and Quantico, it was learned to- | day, for development of a great recre- | ational playground for residents of the | Washington, Richmond and Freder- | Into Play Center. From Weirton Ruling Held ‘Probable’ Here ing. Some of the acreage will be devoted to a reforestation and rural | By the Associated Press. rehabilitation area. but most of it will | i il peroriment omcials said be reclaimed for recreational pur- “ o poses. | today the Government “probably’ Eventually, it was disclosed. the | would appeal the decision of Federal area will be connected direct by 2| jydge John P. Neilds in Wilming- zation of the employes for collective bargaining through representatives of tbeir own choosing: that in all re- spects it complies with the provisions of section 7-a of the national indus- trial recovery act and section 1, article 4. of the steel code; that in all respects it is directly operated and controlled by the defendant’s employes and is not dominated or lican successor as State executive. | icksburg areas. The former Governor, speaking at { a Democratic banquet here last night, made a scathing reply to Nice's “fire- | side” radio chat of the night before, | asserting: { “We must assume that the State can expect no financial leadership | from the executive department.” | “For the first time in my recollec- tion,” he continued, “the State is lwimout a Governor who makes any | effort to function.” Attacks “Fireside Chat.” | Ritchie, the State’s chief executive {for 15 years, attacked the -“fireside chat” made by Nice Monday night, in which he explained to the citizenry of Maryland his desires for an appro- priation for $150.000 to investigate all State departments and the banking ; situation as it existed before he as- | sumed office. | Nice's statement of “a very delib- erate, unjustifiable and patently parti- san plan or scheme” to place the re- sponsibility on him for the State's | financial difficulties brought the re- tort from Ritchie that “I do not know who is in on that nefarious plot.” “Certainly I am not one of the conspirators,” the former Governor declared. “I have stood completely aside since the new administration i began six weeks ago, in the hope that the Governor, as the head of this of legislative and financial program. The people elected him to this and no word has come from me to hamper degree. “I love my State well enough to want to see the man whom the people elected as their Governor solve his problems instead of fumbling them.” Nice Strikes Back. ANNAPOLIS, February 27 (#).— Gov. Harry W. Nice turned to the pages of Charles Dickens today to answer criticism by former Gov. Al- bert C. Ritchie, with: “‘Old Marley is dead—dead as a doornail.”’ The Governor was discussing the address of the former executive before the second district Democrats last night. Senator Tydings, speaking after Ritchie, warned against criticizing men in high office. “I see no necessity of answering the former Governor’s personal and petu- lent plea of confession and avoid- ance,” he continued. “Senators Tyd- ings and Radcliffe have co-operated with me since my inauguration. Maryland should be proud of her United States Senators.” ANTI-WAR PROFIT BILL IS ADVANCED Way Is Cleared to Bring Meas- ure to Floor of House Shortly. By the Associated Press. Testimony that President Roesevelt favored taking the profits out of wan won from the House Rules Commit- tee today permission to bring the McSwain bill before the House. Chairman McSwain of the House Military Affairs Committee had been instructed by the Rules Committee to get the President’s reaction to his specific proposal. Today, however, he reminded the committee that on De- cember 14 the President issued a statement saying “the time has come to take the profits out of war.” “We mustn't assume that the Presi- dent has any idea of the detailed ma- chinery to do that,” McSwain asserted. His bill would let the President fix maximum war-time prices at the same level existing prior to the declaration f war. ° McSwain added, however, that two members of the committee named by the President to study the idea of de- profitizing war—Hugh 8. Johnson and Baruch—had approved the McSwain bill. The Rules Committee decided to allow four hours of debate on the bill, and to leave it open to amendments. Chairman O’Connor of the Rules Committee said the bill 'nm be called up “in & week or s0.” ) administration, would evolve some sort | or embarrass him in the slightest ‘The development is a part of Presi- dent Roosevelt's national and State park conservation-recreation move- ment, now taking shape, which even- tually will reclaim some 4,500,000 acres for future generations While plans for this Virginia devel- opment were being withkeld in various CGovernment circles, it was learned | definitely that the area is along the | Chaponawomsie Creek, within easy sccess to Washington and the Marine | | Base at Quantico. Approximately | | £50,000 is involved in the project. The 8,000-acre tract consists mainly | | of :and unfit or unprofitable for farm- | rehabilitation. highway with the Mount Vernon Me- | morial Boulevard. I: was said the Government pur- chased some of the land for as cheap as $2.50 an acre, contrasted with $180 an acre for Government land pur- chases of a similar nature during the World War. ‘The program is being carried out by Col. Lawrence Westbrook, assistant administrator of Federal relief in charge of submarginal lands and rural Officials of the Na: tional Park Service also are co- operating. In a much smaller way, the National ~(Continued on Page 2, Column 3.) THREE MEN SEIZE 515,000 FROM MAL :Hold Up Government Truck Containing Mining Pay Roll. By the Associated Press. | HAZARD, Ky, February 27—/ | Three men with pistols seized a mail | pouch believed to contain $15,000 | from a Government truck near Trib- | bey today. They escaped in a small | | coupe without license plates. | | The pouch contained the pay roll | of the Hardy-Burlingham Mining Co. | The mail truck operates between | Hazard and Hardburly. The pouch taken by the robbers was one made up on the Lexington-Flemington train and delivered to the truck at Hazard. Not far from Tribbey the robbers | covered the mail driver wi 1 their pistols and forced him to a stop. They seized the pouch and sped away. ALBERT J. SARDO, 30, IS KILLED IN CRASH Police Lieutenant Hurt in Vir- ginia Accident Fatal to Local Undertaker. | Albert J. Sardo, 30, local under- taker, 412 H street northeast, was killed early this afternoon when an automobile in which he was riding was in collision with a truck at Keys- ville, Va. Lieut. James L. Kelly of the Wash- ington Police Department, riding with Sardo, was reported badly injured and removed to a hospital near where the accident happened. Albert J. Sardo, jr., 8-year-old son of the dead man, also was in the party, but it was not learned immediately whether he suffered any injury. The three were on their way to New Orleans to attend the Mardi Gras celebration. In addition to his son, Sardo is sur- vived by his father, William H. Sardo, sr., and two brothers, William H., jr., and Joseph E. Lieut. Kelly is in charge of the police radio division. A. & P. STORES BOMBED Score of Residents in Nearby Apartments Imperiled. PITTSBURGH, February 27 (P).— Bombs were tossed into three stores of the Great Atlantic & Pacific Tea Co. early today. Nobody was injured, but more than & score of sleeping residents in apart- ments adjoining the properties were imperiled. The stores bombed are situated in different parts of the city. Windows were broken and holes torn in the Drivers employed by a trucking company which handled deliveries for the company have been n.'mke sev- |eral weeks, - GARNETT'S RECALL 10 STAND LIKELY Crime Probe Committee Aroused by Statements Concerning Policeman. Aroused over statements by United States Attorney Leslie C. Garnett con- cerning Policeman James Peters, eighth precinct, several members of the Special Crime Investigating Com- mittee of the House are planning to demand Garnett's recall to the wit- ness stand, it developed today. Garnett had declared Peters’ charges against his Police Court assistant, Karl | Kindleberger, are false and added that the officer should be sent before the Police Trial Board. Two Favor More Facts. There are two members of the com- mittee who are said to be anxious to have Garnett called to support his statement that Peters did not tell the truth. The majority, however, are said to be willing to let the incident pass. Chairman Randolph pointed out he is anxious to avoid personalities in the investigation, and for that reason he did not think it would be wise to recall Garnett solely for a discussion of the Peters’ case. The committee, however, he explained, has not reached a def- | inite decision, but may do so later in the day. Hearings Are Resumed. In the meantime, the hearings were resumed at 1:30 o'clock this afternoon with R. A. Van Orsdel, general coun- sel of the C. & P. Telephone Co. and W. A. Norgren, chief deputy clerk of Police Court, as the witnesses. Frank A, Sebring, veteran clerk of the court, had been summoned, but he is said to be ill and Norgren appeared in his place. Van Orsdel is to be questioned about steps taken by the telephone company to cut off service to gam- blers, while Norgren is to be asked about certain records at Police Court. | ton, Del, that section 7-A—the col- controlled by defendant or its agents; lective bargaining clause of the re- covery act—was urconstitutional as applied to the Weirton Steel Co. The same attitude was expressed by Francis Biddle, cheirman of the La- bor Relations Board as soon as he learned of Judge Neilds’ ruling. | A final decision cn whether to ap- | peal would not be made until the decision was received and studied, Jus- | tice officials said. The Neilds decisicn, they said, was | based on the contention that interstate commerce was not involved in the manufacturing of steel, and. thus, 7-A could not be applied. All the steel companies that have challenged Labor Board orders have | raised this same contention. Board Unaffected. ‘The decision, dismissing the Gov- ernment’s petition for an injunction to restrain the steel company from alleged interference with its em- ployes’ selection of representatives for collective bargaining, would not affect the Labor Relations Board's work in any way, Biddle said. He expressed the opinion that the decision and its appeal would hasten a Supreme Court ruling on the con- stitutionality of 7-A, which, he said, would be kelpful to all the labor boards. Chairman Doughton, whose House | Ways and Means Committee handled | the recovery act with section 7-A in \i(. told newspaper men that “if there is any question of constitutionality We can take care of it shortly.” “Decision Isn't Final.” “The Wilmington court decision certainly isn't final,” he said. “There is no doubt in my mind but that the case will be carried to higher courts. “We've got a flew N. R. A. bill com- ing up and any necessary changes could be made in that legislation. There will be an effort made to meel objections of unconstitutionality.” Practically every major issue arising out of interpretation of the recovery act’s labor clause now is in the courts. companies—Goodrich and Firestone— have challenged the Labor Relations Board's right to order elections among their employes to determine whether a standard union of an “inside” la- bor organization should represent them for collective bargaining. ‘The Houde Engineering Co. of Buf- falo, N. Y., refused to obey that same board's decision that the United Auto ‘Workers, an American Federation of Labor union, should speak for all the company’s employes in collective bar- gaining. The A. F. of L. unit won an election at the plant. The Govern- ment has asked the United States Dis- trict. Court at Buffalo to enjoin the order. Non-Union Protests. large steel plants, including the Du- Steel Co., have asked the Circuit Court of Appeals to throw out Steel Labor Board election orders for their plants. “Secret 100 Will Test Power On Bill to Hire More Clerks By the Associated Press. A test of the strength of the still incompleted “Secret 100’ in the House appeared in store today. It was dis- closed that a bill would be pushed soon to let each member hire one more clerk, at a total cost of $440,000 & year. The bill was introduced by Repre- sentative White, Democrat, of Idaho who vigorously disavows any connec- tion with the attempt to unify “dis- satisfied” Democrats into a group cf 100 which would vote together and Kkeep its plans secret from the regular leaders. But newspaper men were informed that the idea of giving another clerk to each House member had been ap- proved by chiefs of the “Secret 100. It obviously lacked the indorsem of the regular At the same H%momnlflr the » of ‘Secret 100, asked that his name not be used, told newsmen the fact such an organization was being formed had forced leaders to promise: 1. A “more equitable” distribution of patronage. 2. A “free” vote on the bonus, with- out gag rules. 3. Full consideration of bills to stop the issuance of tax-exempt securities. 4. Opportunities for consideration of other legislative proposals favored by a “substantial” number of House members, but not on the administra- tion’s original pro~ram. Furthermore, be added, the Demo- cratic Congressional Campaign Com- mittee would call on James A. Farley, ic National Committe chair- and ask him to allocate for the 1936 campaigns of House members a fixed percentage of whatever funds are raised. ‘The Cor igpai_Committee, he | “(Continued m% 3, Column 7 Two of the country's largest rubber | company from violating the board’s | Non-union employes at a number of | quesne, Pa., plant of the United States | that in all respects it is satisfactory to the great majority of the defend- ant’s employes; that the 49 repre- sentatives elected in December, 1933, are free from any domination or con- trol of defendant or its agents, and that the payment of compensation by defendant to the representatives and | the payment by defendant of the ex- penses of operating the plan are la: ful and do not constitute acts of - | terference, restraint or coercion.” i Weirton Victory Clear. ! In point of law, the Weirton Co. won its case ciearly on the conten- tion that its relationship with its em- ployes does not constitute interstate commerce, and therefore any inter- | pretation of the section which would | regulate that relationship would make | the section void because Congress is empowered only to regulate business of an interstate nature. In this respect the court also ob- served: “Power to enact 7A was not con- ferred upon congress by the ‘general welfare’ recital in the preamble to the Constitution, nor by the ‘welfare | clause,’ article 1, section 8 of the | Constitution. | “The preamble confers no power !and the welfare clause is commonly | considered as a specification of the purpose for which money may be ap- propriated and not as a substantive grant of power. “The enactment of section 7A either is authorized by the commerce clause of the Constitution or it is | unauthorized and therefore void.” Quotes Constitution. The ruling then quoted article 1, section 8: *'The Congress shall have | power to regulate commerce with for- | elgn nations ana among the several States and with Indian tribes.’ " Judge Nields asserted that “in a number of cases the Supreme Court as declared that the commerce clause f the Constitution cannot be con- strued to bring within the regulatory power of Congress the entire indus- trial life of the Nation.” { The opinion further says: “The national industrial recovery act requires that every industrial code | shall_contain the provision of sec- tion 7-A. “The national industrial recovery | act provides machinery for the formu- | lation and enforcement of voluntary or prescribed codes and agreements relating to every branch of industry. | On October 19, 1934, there were 2,400 lines of industry covered by codes then approved. These codes include not only great manufacturing industries such as the steel code, automobile and textile codes, but also the bank- | ers’ code, hotel code, newspaper code, | undertakers’ code and baby carriage ;code. ‘They bring within their score the entire economic life of the coun- try.” ‘The opinion also says: “The reductio ad absurdum process of reasoning of the Supreme Court— that regulating manufacture involved the regulation of all industry—was held to demonstrate the conclusion that the Constitution did not give to Congress the power to regulate manu- facture. The authority of these four cases of the Supreme Court stand snd “(Continued on Page 4, Column 2.) DRYS 2,000 AHEAD IN ALABAMA VOTE Fifteen Thousand Ballots Yet to Be Tabulated in Threefold Referendum. By the Associated Press. BIRMINGHAM, Ala., February 27. —Prohibition in Alabama today pushed out in front by more than 2,000 votes, with approximately 15,000 votes still to be reported, as belated returns from yesterday's threefold referendum rolled in. The vote on 1,530 out of 2,156 ballot boxes in the State gave modification 82,879, and against 85,500. X The vote put prohibition in front for the first time since early rural boxes last nilh‘ gave the dry cause a slight lead.