Evening Star Newspaper, February 28, 1935, Page 1

WEATHER. (U. 8. Weather Bureau Forecast.) Fair, not quite so cold tonight, mini- mum temperature about 22 degrees; to- morrow fair, slowly rising temperature. ‘Temperatures—Highest, 31, at noon to- day; lowest, 15, at § a.m. today. Full report on page A-11. No. 33,175. PAY CONPROMSE (FFERED TOBREA RELEF DEADLOGK Reynolds Proposes Presi- dent Be Given Partial Discretion on Scale. BASIC PLAN CALLS FOR PREVAILING SCHEDULE Rate Would Be Lowered if Study Revealed Injury to Pri. vate Industry. BY G. GOULD LINCOLN. An amendment to the $4,800,000,000 work-relief bill, designed as a com- promise on the McCarran prevailing | Railroad’s new electric engines, which Entered as second cla: post office, Washingts Pres To Face Bat Maintains Strict Silence on Plans to Meet Re- lief Deadlock. BY J. RUSSELL YOUNG. Radiating confidence and assurance but declining to discuss the battle be- ing waged against his work-relief pro- gram or any of the other administra- tion troubles, President Roosevelt was back at his desk in the White House today after a four-day vacation at the Roosevelt home in Hyde Park N. Y. His special train arrived in Union Station shortly after 7 o'clock this morning. The President had break- fast on the train and did not start for the White House until nearly 8:30 am. Before leaving the terminal his automobile paused long enough for him to see one of the Pennsylvania are being used in the newly established | service between Washington and New | York, made possible by P. W. A. money. Realizes Crisis at Hand. Although Mr. Roosevelt was smil- ing breadly and was as cheerful and wage amendment, was laid before the | good natured as usual when he ar- Benate today by Senator Reynolds, Democrat, of North Carolina. The compromise provides for pay- | ment of the prevailing wage scale on work-relief projects. Should the pay- ment of the prevailing wage scale in any locality tend to draw workers from private employment to the Gov- ernment pay roll, however, the Presi- dent would be authorized to investi- gate, proclaim his findings and take action with regard to the compensa- tion of the workers on relief projects. Senator Robinson , of Arkansas, Democratic leader, meanwhile said he planned to confer with President Roosevelt on the bill, which is now before the Senate Appropriations Committee. Administration leaders hoped Rob- inson would be in a position when he goes to the White House to lay before the President some acceptable substi- tute or compromise for the McCarran amendment. Negotiations looking to such a compromise have been ‘under way for the last two days. Reverses Russell Theory. ‘The Reynolds proposal is the re- verse of the Russell amendment which was written into the work-relief bill before the committee reported the measure recently to the Senate. That amendment, offered by Senator Rus- sell of Georgia, authorized the pay- ment of the so-called security wage upon which the President has been in- sisting and which would be lower than the prevailing wage in industry. It further provided that if it could be demonstrated the payment of the se- curity wage was beating down the wage scale in private industry, then the President must pay the prevailing wage. The Russell amendment was un- satisfactory to organized labor and to the Senate's supporters of the prevailing wage payment. They sub- stituted the McCarran amendment for the Russell proposal by a vote of 44 to 43 before the bill was recom- mitted. Reynolds said he believed his com- promise proposal would be acceptable to all parties. He pointed out it pro- vided for the payment of the pre- vailing wage and at the same time showed the Senate's faith in the President by authorizing him to change the wage scale to workers on relief projects in the event it could be shown that private industry was being injured. Sees Shift Prevented. “The argument made by the ad- ministration,” said Reynolds, “has been that the payment of the pre- vailing wage would put the Govern- ment in competition with private in- dustry and would cause labor to leave private employment in order to get on the Government pay rolls. My amendment takes care of that situ- ation adequately. At the same time, by providing for the payment of me} prevailing wage, it safeguards the workers in private employment. Senators Wagner of New York, La Follette of Wisconsin, Costigan of Idaho, and McCarran of Nevada, con- ferred today regarding a possible com- promise. The terms of this compro- mise have been closely guarded. Robinson expressed the hope that an early adjustment of the differences over the work-relief bill would be made. He said that he believed con- siderable progress had been made for such an adjustment. Until the proposed compromise has been laid before the President him- self, however, and shall have received | his approval, Senators believed the ' public works bill would be held in' abeyance. | One of the suggestions for a com- | promise includes the payment of the prevailing wage, but authorizes the President so to restrict the hours of employment that a worker would not receive more than $50 a month, the average for the security wage proposed | by the administration. Reynolds Urges Substitute. Senator Reynolds addressed the Senate in support of his proposed sub- | rived back at his desk today, he made , no engagements for congressional | leaders, but it is understood he lost no time upon his return in getting in | touch by telephone with one or zwo‘ of the administration’s wheel-horses in the Senate. While an air of se- | crecy prevailed about the President’s | “something might happen” within the next day or so. It was 11 o'clock before Mr. Roose- velt turned his attention to his en- gagement list for the day. ferences - Included one with Harry | Honkins, Federal relief administrator, | wl s leaving Washington today for “(Continued on Page 3, Column 3.) ah Closing N. Y. Markets,Pages 17,18&19 * . His con- | The only evening in Washington with the Associated Press News and Wirephoto Services. aper WITH SUNDAY MORNING EDITION ¢ Foening Star WASHINGTON, D. C, THURSDAY, FEBRUARY 28, 1935—FIFTY-SIX PAGES. tles in Congres& | plans for the Senate fight, theze wasa | | | feeling about the White House today | | | | | PRESIDENT ROOSEVELT, Photographed on his return today from a short vacation at Hyde Park, N. Y —Harris-Ewing Photo. HITLER ABANDONS ANTHIEW POLCY |Pressure of Boycotts and Foreign Feeling Force End of Fight. | (Copyright, 1935, by the Assoclated Press.) BERLIN, February 28.—Intense economic pressure, it became apparent today, has forced Reichsfuehrer Hitler the public manifestations of his cher- | ished anti-Semitism policy. This tendency was indicated defl- | nitely in the remarks of speakers at ! a meeting of political leaders and Nazi| party members in which the Reich’s economic problems were the subject | of discussion. ‘While berating Jews as “vampires and exploiters,” speakers concluded their addresses by saying: “It may be asked of you why the administration undertakes nothing more against the Jews. It cannot, for foreign political reasons, since further boycotts, foreign exchange difficulties and other troubles are thereby| threatened. Victory for Schacht. “Therefore, you must go about and spread what you have been told here and act accordingly.” Behind this and similar develop- ments was seen the strong influence of Dr. Hjalmar Schacht, mil r of economics, who in fighting Germany’s terrific economic battle cannot risk further boycotts and loss in bills of exchange. He is compelled to avoid these hazards to the Reich’s economic sta- bility even though it may involve scrapping the clause that in the early days of Hitler's appearance on the political scene won possibly more ad- herents to his program than any of the other 25 planks in the Nazi plat- form. Jewish Aides Retained. Dr. Schacht, who has emerged with increased prestige from several simi- lar encounters over questions of pol- icy in the last three months, has kept a Jew at the head of his foreign ex- change department. He also has been quoted as saying he would stand by his other Jewish co-workers. The minister of economics yester- day assured the president of the Ber- lin Merchants’ Association that “noth- ing further will happen to any mem- ber of your organization.” Many Jews are enrolled in the assoclation. KIOSKS AND PYLONS IN TRIANGLE OPPOSED stitute. “Lam of the opinion that every Sen- ator is desirous of maintaining the standard of living of the workers of (Continued on Page 3, Column 2.) LONG “ANNOUNCES” FOR '36 GOVERNOR Race for the Presidency “Comes Later,” Says Senator, o ey Smiling. By the Associated Press. «—Senator Huey P. Long announced today that he would be a candidate for Governor in 1936. Long made the statement as the House of Representatives, in special session, was rushing toward final pas- sage a new batch of bills he dumped in the legislative hopper Tuesday t. night “It'd be fine to be Governor of & State like this,” he sald, smiling broadly. “I think I'll'be a candidate in 1936. Why, this State’s got $1,500,~ 000 in the bank. I'm going to run for Governor.” “What about the presidency?” he ‘was asked. “Aren’t you going to run for that?” “That comes later,” Long said, smil- 1 BATON ROUGE, La., February 28.| Planning Commission Objects to Treasury Projects, Holding Them Trafic Hazards. ‘The National Capital Park and Planning Commisison today objected to the Treasury Department proceed- ing with the erection of kiosks and pylons in the triangle, without first submitting the proposal to the Dis- trict Commissioners and the planning body. By formal vote the commission de- cided that in the future all govern- mental bodies having to do with con- struction and improvements here should first be asked to lay their plans ‘Commissioners FOO E SHOHN HEREADINLS 14.3 Per Cent Gain Locally; Noted—National Aver- age Is 11. PFitting into a prediction by Secre- | tary of Agriculture Wallace that food | prices throughout the Nation during the first six months of 1935 will show to abandon for the present at least o rise of 11 per cent over the Iast six months of 1934, those of Wash. ington have registere¢ a gain of 29 per cent during a single month. This pick-up is disclosed by the bi-weekly figures of the Bureau of Labor Sta- tistics. The increase in Washington slowed down somewhat during the two weeks most recently measured, however, the 14 days ending February 12 showing a gain of only .7 per cent. The 29 per cent rise was noted between January 15 and February 12. Com- pared with February 13, 1934, prices here are up 14.3 per cent, but they still are 18.7 per cent below a corre- sponding date in 1930. Average U. 8. Gain, For the entire country, the aver- age gain for the two weeks was 1.8 3 per cent. Meats showed the great- est rise, the 14-day pick-up being 3.5 per cent and that over a month amounting to 5.9 per cent. Secretary Wallace made his pre- diction late yesterday shortly after a report from the Weather Bureau that continued dry weather in States affected by the drought of last Sum- mer may cause a new crop shortage. Though Dr. Mordecai Ezekiel, eco- nomic adviser to Wallace, said most of the present increases were due to drought, Wallace said: “I think the A. A A had something to do with it.” Wallace also based his forecast of rising food prices on estimates pre- pared by Dr. Louis H. Bean, A. A. A. economic adviser. During the latter half of this year prices 12 per cent above those during the last six months of 1934 were predicted. Meat Main Factor. Wallace sald meat costs were the main factor in the rise of food prices. They were said to be 32 per cent above the level recorded during the last half of 1934. Economists 1n the department, meanwhile, expressed fear that crop production this year will be affected drastically by severe duststorms in portions of the West, lack of subsoil moisture in some areas and damage threatened by chinch bugs and qther insects. MAN IS FOUND DEAD JUST OFF HIGHWAY Believed to Have Frozen to Death Along Baltimore Boule- vard. By a Staff Correspondent of The Star. rges County police, Officers said that the ‘man prob- ably was frozen to-death, but an before the and the commission. A resolution adopted by the com- mission said that it appears the py- lons and kiosks are objectionable and hide the view both of motorists and ; operate as s hasard and “perform no useful purpose.” ISLAND PROBE VOTED Senate Committee Favors Inquiry of Pearson Administration. A Senate investigation of charges of maladministration by Gov. Paul M. Pearson of the Virgin Islands and of conditions generally in the islands was voted today by the Senate Territories Committee. i 74 < inquest Will be held to definitely de- cause. per cent, while that of a month was, t Cheerfubon Recurn |S]FH FRINGS PUT IN MOTOR T0 HALT HOP, POST CLAIMS Emery Found in Two Pounds of Erosive Substance, He Charges. SABOTAGE PLOT LAID TO “ANOTHER PILOT” Dangerous Overheating of Engine Necessitated Landing in Bed of Dry Lake. KANSAS CITY, February 28— Wiley Post charged today that nearly two pounds of steel filings and pow- dered emery were placed in the engine of his airplane, probably at the insti- gation of “another pilot,” to cause the failure of his recent projected substratosphere flight across the con- tinent. Post, here en route to New York, did not name the pilot, but said he had enough evidence of the alleged sabotage to convince him the foreign matter was placed in the engine of the Winnie Mae deliberately. Engine Overheated. The Oklahoman said the substances | caused the engine to overheat danger- ously after he had been in the air less than 50 minutes. He made a forced landing, with a fuil load of | gasoline and without landing gear, in the bed of Mudoc Dry Lake in Cali- fornia. “Laboratory tests disclosed the presence of the emery and filings in the oil,” Post said, referring to an in- vestigation now under way in Los Angeles. “I began to suspect something was wrong soon after I got off the ground at Los Angeles, because the engine was hotter than it ever had been be- | fore. At first 1 thought of an oil leak, but I found later the spewing oil was coming from the breather pipes, due to overheating.” Plight Described, The round-the-world fiyer grafh- | ically described his plight. “There I was,” he said, “with hot oll being spewed all over the wind- shield of the Winnie. In the special suit I was wearins in order to maintain sea level pressure for my body, there is only a narrow slit for me to see out of. I have only one ye to see with st any time. 'As you know, I had dropped the landing gear of the plane just after hind me at the moment were some gasoline. The Winnie was not equip- iped with dump valves and I was i faced with the necessity of landing without a landing gear to absorb the shock of my heavily-loaded machine and almost unable to see where I was going. Couldn’t Determine Wind, “To make things even worse,” the on with a wry smile, “I had no means of determining wind direction. 1 chose Muroc dry lake for the landing because it'’s as big as all outdoors. i When I got near the earth, I found I was in a side wind and was drifting badly, but there was nothing else to do. T sat down.” Post said he believed the Govern- ment should investigate the matter, pointing out this might be possible in view of the fact he had been sworn in as an airmail pilot here several days before the attempted experimental flight ‘The one-time plow-boy said he hoped the engine of his plane would be over- hauled in time to permit a new flight attempt within 10 days. He said he was convinced his hope of spanning the continent in seven hours was en- tirely feasible, and pointed out that he had traveled about 230 miles and climbed to 24,000 feet in the 50 min- utes he was in the air. Reverting to his sabotage charge, Post declared bitterly he regarded the incident as the “rottenest thing I ever met up with in fiying.” “When we get Winnie’s engine back | together again, there won't be an op- portunity for any one to do any more ‘monkeying’ with it. you can bet on that,” he added. “That ship will be guarded.” Post said he planned to‘confer in New York with Jack Frye, president of Transcontinental & Western Air, Inc., one of the sponsors of the flight, re- garding a possible Federal investiga- tion. Ex-Kaiser’s Son Stricken. GOSLAR, Germany, February 28 (#).—August Wilhelm, son of the for- mer German Kaiser, was taken to a hospital today suffering from a heart attack. He was stricken while motor- ing to Blamkenburg. Physicians said the former prince’s condition was not serious. | 1 HEAR.A TREMENDOUS. RUMBLING! _—— First Year of Repeal Results Weighed by City Officials 'Economic and Law Enforcement As- pects Please, but Some Social Trends Worry Control Board. BY REX COLLIER. The first anniversary of repeal of prohibition in the District of Colum- bia finds the wets still wet, the drys saying “I told you so,” and unbiased officials pleased over economic and law enforcement aspects, but frankly | concerned over some social trends of the New Deal in alcohol. A survey of the liquor situation in the Nation's Capital during the first | year of the so-called A. B. C. (Alcoholic Beverage Control) law for the Dis- trict discloses results so confusing that responsible officials are reluctant to | topple much of N. R. A’s vast struc- I left Los Angeles. In the cabin be- ' 2,200 pounds, more than a ton, of chunky and always hatless Post went | draw definite conclusions. JUSTICE HOLMES SERIOUSLY ILL Friends of Former Member of Supreme Court Rush Here From Boston. By the Associated Press. The venerable former Justice Oliver Wendell Holmes was so seriously ill today that friends rushed from Bos- ton to be by his side. “The justice is ill and at his age all illness is seriousy’ was all his doctor, Thomas A. Claytor, would say. Around the Supreme Court, where Mr. Holmes served 29 years until his retirement in January, 1932, it was understood he was afflicted with bron- chial pneumonia. Meanwhile, Prof. Felix Frankfurter and John G. Palfrey left Boston to be near their old friend. The latter is his legal and business representa- uv):nrch 9 is Mr. Holmes’ next birth- day anniversary, the 94th. On his birthday the year before last Presi- dent Roosevelt honored him with a wvisit. Since his retirement, the justice has here, a short distance from the White House, 1720 1 street northwest. Dr. Claytor said periodic bulletins on his patient’s condition would not be_issued. The hosts of friends of the justice in the city waited eagerly for word of his condition. —_— FLORIDA IS WARNED OF FREEZING WEATHER Citrus and Vegetable Growers Told to Expect Most Bitter Spell of Winter Tonight. By the Associated Press. JACKSONVILLE, Fla, February 28.—Florida citrus and vegetable growers were warned today by the Federal Weather Bureau and State Marketing Bureau to expect the most bitter weather of the Winter tonight over the entire peninsula. Man Who “Died” for 7 Minutes Quits Hospital Alive and Well Vincent Montessi, 63-year-old for- mer chef of the Brazilian Embassy, 1s back on his feet again after having “died” several weeks ago on an operat- ing table in George Washington Uni- versity Hespital, it was learned today Montessi’s heart and breathing ceased for seven minutes during the course of an operation for kidney massaged the heart until it began to beat again. . Dr. Reuter, in accordance with tra- dition of his profession, declined to be quoted about the remarkable case, but he confirmed an account of the event received by The Star from an- ‘Montessl’s rapid recovery from bis experience has amased his friends. He has not returned to work, but - ¥ « should be well enough to do so before long, it is said. Montessi could not be located to- day, but & close friend said he had @ According to George W. Offutt, been in seclusion at his residence | chairman of the A. B. C. Board, it | is yet too early to obtain a fair per- spective of conditions growing out of | ebolition of the prohibition law in | Washington. The situation, he de- |clares, is in a state of flux, of experimentation. Some Evils Have Disappeared. Some evils of the prohibition era— such as the “society bootlegger”— | have almost disappeared, Mr. Offutt | points out The loca! government has profited | by more than $1,000,000 in taxes and | license fees. Viewing repeal from an economic | | standpoint, it is estimated that several millions of dollars have been put into | the new legal industry of making and | dispensing alcoholic beverages in the District. More than 2,000 persons were given | employment, the total pay roll for | the year being estimated at more than | $3,000,000. Drab Splotches in Contrast. These are bright spots on the pic- ture, but there are drab splotches which contrast sharply with the high | lights. | Traffic statisticlans have smeared | the picture with black records of in- creasing motor accidents and fatalities due to drunken driving. Police statisticians have smudged | the view with depressing figures on }the rapid jump in number of arrests for intoxication as compared with 11933. On the other hand, some satis- faction may be gained from the fact that arrests in January of this year | were more than 500 under those for January, 1933, prior to repeal here. ‘While the suave “society bootlegger” has about passed out of the picture. the alley bootlegger still plies his trade in the poorer sections of the city—offering tax-dodger whisky at 5 | cents per drink. The District grand jury is preparing to investigate an alleged conspiracy to ship thousands of gallons of liquor into the District daily for illegal sale by tax-dodging bootleggers. This con- dition is not peculiar to the District. Secretary of the Treasury Morgenthau is conducting special drives against llq;xor tax evaders in several large cities. “Hard Liquor” Shops Increase. Another dark phase is the increase in retailers of “hard liquor,” as com- pared to dispensers of light wines and beers. Apparently the expected change in taste from distilled spirits to beer and wines has failed to materialize. The number of Class,A (hard liquor) licenses has increased by 46 so far this year over 1934. The A. B. C. law was passed on January 24, 1933. The retail sale of liquor under its provisions began technically on March 1 a year ago. The A. B. C. Board has issued 1,680 licenses for 1935, according to the latest tabulation. Of these 1,622 went to retailers, 55 to wholesalers and 3 to manufacturers. ‘The largest licensed group of re- tailers is that listed as Class B, the dispensers of light wines and beers to be consumed off the premises of sale. A total of 528 Class B licenses have been issued to retailers. The next largest group of retailers is that which holds Class D licenses, (Continued on Page 12, Column 2. Guide for Readers | commerce between the States, Yesterday’s Circulation, 130, ,239 Some Returns Not Yet Received. UP) Means Associated Press. | | WITH EARS TO THE GROUND! N.R. A.OPENS FIGHT ONCOURT ATTACKS New Deal Suffers Two Blows From Federal District Courts. | By the Associated Press. The New Deal marshaled its legal forces today to ward off a blow which | —if it should gain the added strength of Supreme Court approval—would ture into the dust. l ‘The blow was the opinion, enunci- ated by Federal Judge John P. Nields of Delaware yesterday, that the Con- stitution did not confer upon Con- gress the power to regulate manu- | facture. It was reinforced by the ruling of Federal Judge Charles 1. Dawson at Louisville, Ky., who declared that coal mining is an intra-State business; that intra-State business is beyond the regulatory power of Congress, and that therefore the national industrial recovery act as applied to coal is un- constitutional. New Deal View Opposed. Much of the New Deal is based on the idea that if a business affects Con- gress can regulate it. But that view met an obstacle in Judge Nields' flat statement that manufacture is not subject to such regulation. | In the course of an opinion in | which he held section 7-A of N. L R. A. unconstitutional as applied to the Weirton Steel Co., he said Su- preme Court rulings demonstrated that “the Constitution did not give to Congress the power to regulate manu- facture.” To regard Weirton's manu- facturing operation as instruments for the interstate movement of goods, he said, would put practically all Amer- ican manufacturing under the control of the Federal Government, a result which “has received the unqualified condemnation of the Supreme Court.” The Government plans an imme- diate appeal from Judge Dawson's de- cision. It did not announce its plans on Judge Nields’ ruling, but Blackwell Smith. counsel for the Recovery Ad- ministration, left no doubt in ob- servers’ minds that it would combat the idea expressed by the Delaware Judge. Cummings Studies Decision. Attorney General Cummings and & staff of lawyers were studying the de- cision. Smith contended Judge Nields' opinion was based on an “out-moded theory” of constitutional law. Most New Deal lawyers pinned their hopes for an ultimate N. R. A. victory on the power given Congress to regulate interstate commerce by | this section of the Constitution: “The Congress shall have power ® ¢ * to regulate commerce with foreign nations, and among the sev- eral States and with the Indian TWO CENTS. CRIME UNIT PLANS FULL INQUIRY INTO D.C. POLICE COURT Reported Irregularities to Be Probed After Buckley Case. JUDGES AND ATTACHES LIKELY TO BE CALLED Werner to Demand Recall of Gar- nett on Charge Gamblers Try to Discredit Him. The Special Crime Investigating Committee of the House disclosed to- day that developments in the assault case involving M. Edward Buckley, Jr., former Central High School and Penn State foot ball star, provide only the first step in a thorough inquiry into alleged Police Court irregularities. Although the Department of Justice is completing an investigation of the reported 1irregularities, the Crime Committee, it was said, will continue its independent probe and probably call as witnesses the four judges as well as attaches in the offices of the corporation counsel and United States attorney. In the meantime, Representative Werner, Democrat, of South Dakota, an active member of the Crime Com- mittee, announced he would demand that United States Attorney Leslie C. Garnett be recalled to the witness stand to amplify his recent statement that gamblers are trying to discredit his office. A majority of the members of the committee are represented as being willing to let the incident pass, hut Werner declared Garnett is a tempting to throw up a “smoke screen. Trails May Cross. ‘The committee realizes that in its independent inquiry into Police Court activities, it may cross the trail of Department of Justice agents, but at the same time, it is anxious to get the information it wants first hand. The Justice Department, however, is to be asked for a report of its find- ings as a supplement to the com- mittee’s own revelations. Gamett himself has told the com- mittee of certain alleged irregularities which resulted in the Department of Justice investigation. Additional in- formation given the committee coun- sel, John R. Fitzpatrick, it was said, indicates that the Buckley case is not the only one in which records are missing. If Garnett is recalled he probably also will be questioned about his threat to have Policeman James Pe- ters of the eighth precinct cited be- fore the Police Trial Board of disci- plinary action for his testimony Mon- day against Karl Kindleberger, assist- ant United States attorney in charge of Police Court prosecutions. Threat Brings Warning. Garnett's threat in that case re- sulted in the Crime Committee is- suing a warning late yesterday against the intimidation of its wit- nesses. ‘When the committee resumed its hearings Chairman Randolph read s prepared statement, apparently di- rected at Garnett. It said: “In order to obviate any possible misapprehension, I feel impelled to state on behalf of the committee that all witnesses appearing before it will be accorded every possible protection within the power of the committee.” Although yesterday’'s hearing was comparatively brief, it disclosed that index records and information made out against Buckley were missing from Police Court files, and that the Chesa- peake & Potomac Telephone Co. had refused to make detectives of its em- ployes for the purpose of ferreting out gambling “joints” in the District. Two Witnesses Heard. ‘The only witnesses were <alph A. Van Orsdel, general counsel for the telephone company, and William A. Norgren, chief deputy clerk at Police Court, who substituted for Frank A. Sebring, the court’s veteran clerk, who is ill. Sebring had been requested to bring before the committee certain records in the Buckley case—the card index records and the information which Policeman Raymond C. Redifer of the eighth precinct said he filed against Buckley when he arrested him June “(Continued on Page 3, Column 1.) tribes.” Although the Government failed to | convince Judge Nields that manufac- | turing is a step in interstate com- merce, N. R. A’s legal chief evidenced confidence that the Supreme Court will rule differently. “It seems to me that there is no cause for concern on this count in view of the realistic appreciation of modern industry and commerce shown by the Supreme Court in recent de- cisions, particularly the Appalachian Coals’ case,” Smith said. He referred to the Supreme Court’s decision in 1933 that Appalachian Coals, Inc., a marketing organization formed by operators in Southern fields, could be organized without vio- lation of anti-trust laws. The court’s opinion 'in that case,; written by Chief Justice Hughes, said: “When industry is grievously hurt, when producing concerns fail, when unemployment mounts and communi- ties dependent upon profitable pro- duction are prostrated, the wheels of commerce go dry.” Judge Nields’ decision was praised by a spokeesman for the National Association of Manufacturers and de- nounced by William Green, president of the American Federation of Labor. “This decision will promote rational employment relations,” said James A. Emery, general counsel for the Manu- facturers’ Association. “Labor cannot accept the decision,” sald Green. There was speculation on Capitol Hill as to the possible effect of the decisions on renewal of N. R. A, In Line with President Roosevelt's desires, and on demands in the Senate for one big investigation of the Recovery Administration before any new law is enacted. i | CUTTEN RESTORED T0 GRAIN MARKET Court Blocks Grain Futures Com- mission Decree Ban- ning Him. By the Associated Press. CHICAGO, February 28.—Arthur W. Cutten, famous Chicago grain trader, won a court order today blocking the order by which the Grain Futures Commission recently barred Cutten from trading in American markets for violating the grain fu- tures act. Cutten, long an enemy of Govern- ment supervision, obtained the order as he launched a fight to thrash out his suspension in the courts. The two-year ban came after a long hear- ing. Cutten’s attorneys contend that the commission is without constitu- tional authority. The trader’s attorneys filed an ap- peal in this theory in the appellate court. It charges that the commis- sion, composed of Secretary of Agri- culture Wallace, Secretary of Com- merce Roper and Attorney General Cummings, “usurped the functions of the judiciary” in its ruling. Cutten did not appear at the in- vestigation last year of charges that he concealed huge operations in wheat and corn. His appeal calls the affatr “s purely punitive expedition.”