Evening Star Newspaper, February 28, 1935, Page 2

A—2 e2® THE EVENING S8TAR, RIGHT-TURN ORIGIN 1S SEEN IN COURTS Federal Courts Are Held Unaffected by Hysteria of Politicians. BY DAVID LAWRENCE. The turn to the right—toward the side which believes in conserving the Constituticn and not overthrowing it— will come henceforth from the judicial branch of the Government. Unaffected by the hysteria of poli- ticians or demagogues, the Federnll courts have again demonstrated that the Constitution is not to be over- ridden by the acts of Congress. This time the entire structure of the N. R. A, has been called illegal in a sweeping decision by Judge Nields at Wilmington, Del, and in another by Judge Dawson in Kentucky, both of which will unquestionably be up- held if ever appealed to the Supreme Court of the United States. Based on Precedents. The reason for this prediction is that both judges based their verdicts on cases handed down by the Supreme Court in the past defining what is| and what is not interstate commerce. | It never has been expected by any- | body besides the New Dealers that the courts would regard manufacturing as coming within the commerce clause of the Federal Constitution. But then the New Deal lawyers have preferred to ignore the precedents and deci- sions, believing that the same po- litical hysteria which swept the Con- gress into enacting unconstitutional laws would affect the judiciary. The Weirton Steel Co. makes steel. The Kentucky companies mine coal. Neither mining nor manufacture of products of the mine is interstate commerce. The Supreme Court has said so again and again, pointing out that the same ton of coal coming out of the mine doesn't get into interstate commerce until a railroad carries it across a State line, and then the carrier alone is engaged in interstate commerce as a shipper. So also has the Supreme Court held that, while the transportation of elec- tricity across State lines is interstate commerce, its distributoin by an oper- ating company is not interstate com- merce. Hence the proposed holding company legislation which attacks the owners of securities in operating com- panies is plainly unconstitutional, too. New Interpretation Tried. The brain trusters have been trying to engraft upon the judicial side of things an interpretation that every- thing which “affects interstate com- merce” comes within the Federal power to regulate interstate commerce. But Judge Nields in Delaware called this interpretation fantastic. It is a vital decision because the same effort to usurp power has been written by the New Dealers into other pending legislation. Thus the Wagner labor bill tries the seme thing and goes even to the question of trying to regulate who shall or shall not be a member of a union organization and what relation the employers may have with members of a union or employe organization. The Weirton case is a body blow to the laborites. The National Labor Relations Board was created by an act separate and distinct from the famous Section 7-a on collective bargaining, but it, too, has no warrant under the Constitution to tell companies not en- gaged in interstate commerce that they must deny to minorities among their workmen the right to be separ- ately represented from the majority if they choose. Summed up, what happened in the two Federal courts on Wednesday is in some respects more important than the gold clause cases in giving busi- ness and industry a stimulus to go ahead. For, by the removal of some of the interferences by the Federal Government in businesses that op- erate “wholly within State lines, an important milestone has been passed. Indeed, the entire code system may be said now to have been transferred from a compulsory to a voluntary basis. Individual Freedom Remains. The code organizations can, of eourse, agree among themselves to ban child labor, to set minimum wages and to regulate hours of work, but minorities cannot be forced to comply and individual freedom still remains. It is an open secret that the De- partment of Justice was never hope- ful of winning the Weirton case. But the brain trusters have been prodding the Attorney General and arguing he wasn't liberal enough, just because he saw in advance that a weak case had been set up for argument. It would be supposed that the brain trusters might learn by this time that, unless the Supreme Court and the Constitution are to be abolished, there is no use passing laws in contraven- tion of the Constitution and the precedents of the court. But the pending bills in Congress give no sign that the lesson is being taken seri- ously. Hence the courts must be re- lied upon to protect the business of the country from being despoiled by arbitrary laws, the uncertainty con- cerning which is doing more to retard recovery than any other single cir- cumstance today. (Copyright. 1935.) e Police Out of Traffic Tags. PITTSBURGH, February 28 (#)— Right now about all the traffic cops downtown can give the errant motorist is a bawling out. * ‘The department has run out of trafic tags and 100,000 have been ordered. Deduction for Traveling Expenses. To obtain a deduction for traveling expenses, which form an important item in the returns of many taxpay- ers, certain regulations must be ob- served, The taxpayer is required to sttach to his return a statement show- ing the nature of business in which engaged, number of days away from home during the taxable year on ac- count of business, total amount of expense incidental to meals and lodg- ing, and total amount of “other ex- penses” incidental to travel and claimed as a deduction, Among the “other expenses” are tips, provided they are reasonable in mo:::z. s ‘Travell expenses are luct only whl:l!ms trip is on business. ey caonaple. a8, necesary In. the reasonable and n ’:iaduet. of the business and directly attributable to it. ‘Traveling expenses incurred in con- nection with a journey to another city to accept or seek employment are not deductible, Suburbanites who com- mute daily from their homes to their places of business are not permitted g) deduct t.hen::tu of transportation, being a pe: expense. Claims for deduction for traveling expenses must be substantiated, when required by the commissioner of in- ternal revenue, showing in detail the smount. and nature of the expenses t What's What Behind News In Capital New Deal Boosts Legal Enterprises—Suits Jam Courts. ~ BY PAUL MALLON. One business the New Deal has in- advertently restored to prosperity is the legal business. You could not drop a writ of habeas corpus out of any downtown building here these days without hitting one or more law- yers on the head. The town is swarm- ing with two classes of them, one in- side the New Deal, trying to legalize it, and the other outside, trying to illegalize it. No one, not even the Justice Depart- ment, has charted the boom in the legal industry, or has any deflnite idea of the scope of it. ‘Without saying anything, Attorney General Cummings began to look into the problem recently when he saw cases mounting on Federal Court dockets faster than prohibition cases ever did. The unpublished result of his inquiry showed that 27,804 civil and criminal cases involving the vari- ous New Deal agencies (N. R. A, A.A . A,P. W A, etc.) were pending at the end of December. Deal quarterback, this court phase of the legal boom has made Mr. Cum- mings & roving fullback. He has be- come the main secondary defense. ‘To keep up with the onslaught, he is quietly establishing a private new statistical system to keep tab month by month on how the New Deal is faring in the courts. In the past such figures were collected only at annual intervals. The amazing figure for December represents an increase in the past siz months of 2,000 criminal cases, but a slight decrease in civil cases. It does not include cases under Federal bankruptcy laws, which always average over 10,000 pending at a time. This is the underlying reason why Mr. Roosevelt said in his N. R. A. message to Congress that some quicker method of handling N. R. A. enforce- ment cases should be found. A cease and desist procedure is what he had in mind to replace criminal prosecu- tions. Alcohol Tax Cases. While the N. R. A, cases represent the largest batch, no phase of the New Deal is being omitted, even al- cohol tax prosecutions. You may doubt it if you will, but 21,000 ar- rests have been made under this law since repeal and additional cases are piling up at the rate of several hun- dred weekly. One explanation is that the deal is new and that this is the testing stage. The courts furnish the legal testing ground. There have been many sub rosa rumors lately that the White House is growing cold to the holding com- panies bill. There is nothing in them. The peculiar White House position on the bill is the same as it was on the stock market bill. The President will appear unconcerned about it publicly, but push it hard privately. ‘This technique permits him to avoid complications. Two Lobby Salients Form. Two separate clans of business lobbyists are assembling on the Q. T. for separate big pushes on Congress. One is the utility group, which is . | planning what appears to be a hope- lbeifi assault on the holding company The other is the airmail crowd, which is exuding righteous indigna- tion over the latest trick played on them by the Post Office Depart- ment. It seems they all agreed with Mr. Roosevelt to put girmail contracts under a revitalized inter- state Commerce Commission, which would make them non-political. Imagine their chagrin when the bill to do it was proposed in Congress a few days ago, carrying a provision au- thorizing the Postmaster General to consolidate lines at any time and designate primary routes. By this consolidating and redesignating de- vice, the unfoolish Mr. Farley may take away lines from those who have and give them to those who have not. Provision to Be Dropped. When no one is looking, the New Dealers are going to drop one pro- vision of the new banking bill. This is the one permittnig the President to terminate the board membership of a man who resigns as a Reserve bank governor. Governors always have resigned from both offices when- ever they felt out of sympathy with the administration. The provision, therefore, merely put polite practice into law. However, it suggests further political domination of the board, and therefore the New Dealers are getting ready to drop the provision. T. V. A. adherents have been bragging that they are mot wor- rying about the adverse Grubb decision in Alabama, because the Supreme Court set a precedent in their favor in an old Boulder Dam case. s The bragging got so loud recently that interested New Deal lawyers dusted off the Boulder Dam cases and looked into them. They learned that | the Boulder Dam case probably was not applicable, because the court ap- proved it on the ground that the sale of power W le, not retail, was incidental to flood control, navigation and irrigation. This is entirely dif- ferent from the “yardstick” principle of the Tennessee Valley Authority. Fancy Idea in Lobbying. A fancy new idea in lobbying is being worked out in Arizona. The House of Arizona’s State Legislature has passed and the Senate is now considering & bill to send a full-time lobbyist to Washington to protect the State's interests. He Teceive $7500 a year. The Arizona con- gressional delegation here is saying nothing about this unusual step, but is cursing under its collective breath. P, W. A.-er Ickes, who tossed out of his office Democratic na- tional committeemen and other lobbyists, will have a problem now. He cannot toss out the official @ sovereign State—al | February 28 WASHINGTON, | American Youth Lost in Arctic Lived for Months on Raw Fish Found Half Crazed With Pain in Eskimo Snow House. Stamina and Nerve Car- ries Young Adventurer Through Crisis. Jack O’Brien, who reports this drama of courage and hardship and adventure in the Arctic, has had his own full share of adventure, in- cluding service as surveyor for the Byrd Antarctic expedition of 1928-9. BY JACK O'BRIEN. By Radio to The Star. BAKER LAKE, Northwest Territory, (N.AN.A.). — Huddled miserably in a wretched snow house, sick, weak and half mad with pain, 24-year-old Dave Irwin, formerly of Sarcoxie, Mo., was found last week by native hunters from Baker Lake post. He was rushed by fast dog team to the post, where hardened veterans of the frozen trails, marveling at the young man's terrific journey, minis- tered to him with tender care. The tale of Irwin's trip, his suffering and hardships is one of the most dramatic stories to come out of the North in years. Authorities are amazed at the stamina and nerve of Irwin and con- sider his trip one of the greatest on record. Signed for Reindeer Trek. Two years ago, this daring young adventurer, son of Mr. and Mrs. W. T. Irwin, who now live in Grand Rapids, Mich., signed up to accompany the huge reindeer herd that has been driven across North America into the Eastern Arctic to form the basis of food supplies for the Eskimos, who at times face starvation when game is scarce. The slow, monotonous move- ment of the big beasts proved tiresome to Irwin, and he decided to cut loose and mush across alone, prospecting on the way. With a well-equipped dog sledge and good dogs, he began his hazard- ous 2,000-mile journey. Down from Aklavik, which borders the Polar Sea, he swung, driving along across the treacherous Barren Islands, at times wading knee-deep in soft snow, again splashing through slush ice on the river courses or slogging into the bitter winds and biting blizzards prevalent throughout the Arctic. Traverses Desolate Area. At times he met trappers, or come where he stopped for a short time with the Eskimos. But not for long, as his goal was King William Island, on the other side of the continent. Across Great Bear Lake, then straight on toward Coronation Gulf and forsaken section of North America. To travel this section of the North, one must depend a great deal upon to pack any great load. Last year, however, game was scarce, and, as Irwin plunged farther and farther into the bleakness of the Barrens, the pangs of hunger tortured him day and night. His dogs began to stag- ger. The dogs were being used as pack animals and Irwin realized that his number was up if he didn't get food soon. Sought to Trap Fish. He came to a little tidewater stream and for hours he waded along shallow pools, carefully herding fish close to the shore where he had placed rocks in a corral-shaped trap. As the tide went out some fish were at times left in these pools. It was slow, dis- heartening work, and the dogs, howl- ing their distress, made it more diffi- cult by splashing into the pools, usually at a time when Irwin's labors were about to be rewarded. After hours of patient work, he would have one or two fish. He would divide them among the dogs, and slowly munch some of the raw flesh himself. Finally, last July, he arrived near the magnetic pole, on Boothia Penin- sula. He rested there and then began the trek south to civilization. He was driving the same dogs, plus & puppy that had been born on the trail and that he had nursed on the sledge. Food Again Becomes Scarce. It was on this leg of the trip that real trouble beset every move. Dog feed became scarce again, and Irwin searched for days for seal. At last, half starved, he came upon a trading schooner locked fast in the ice, but the grub was all gone, Hunger was making him desperate, and he lay for hours near the open water, weakly kicking his feet in the air, the native method of attracting the seal. They believe such a moving, fur-clad figure is one of their own and come near. Irwin was lucky enough to kill some and tore the raw, hot meat out by handfuls, while his ravenous dogs ripped the carcasses to pieces. On he went, floundering through open leads, clothes dripping wet at times, only to be quickly frozen solid. The dogs’ feet dripped blood from the cruel, sharp ice, and Irwin lashed himself to the sledge and pulled. Snow blindness burned his eyes shut. Tears streamed down his face and froze into & mask. The pain in his Cai eyes was at times almost unbearable. Loses Use of Hand. At his side Irwin swung a useless | hand, swollen to double its size through blood poisoning from the Summer mosquitoes. The thumb of that hand is now withered and shrunk, and Irwin will be lucky if amputation is not needed. One by one the dogs weakened, three freezing to death while trying to get rest in the cold. Irwin chopped his sledge in two, to lighten the bur- pushed den of the remaining dogs, and on Then he went through the ice near stream. The ice suddenly roared away from beneath him, and he was just able to cut the dogs loose and them and himself dripping wet to the shore. His knee was badly dislocated by the fall, his poisoned hand com- pletely useless, and he was without fire, clothes, food or firearms. Eats Raw Dog Food, He would walk until he staggered to the snow in a heap from exhaustion, lie there until the frost drove deep into him, then flounder up and limp ahead & few hundred feet until the across a small snow house village, | he went, traversing the most bitter | the land for food, for it is impossible | Father to Join Son, Now Headed South From Arctic Waste By the Associated Press. GRAND RAPIDS, Mich, Feb- ruary 28.—W. T Irwin of Grand Rapids was on his way to the Northwest Territory of Canada today hoping to meet his 23-year- old son, David. who telegraphed yesterday a story of hardships in the sparsely inhabited district of Keewatin. Irwin started his trip yesterday after revealing a telegram from the youth briefly recounting the hardships that had overtaken him near the end of a three-year Journey. . Irwin sald he did not know where he was going to meet his son, since he had no knowledge of his homeward route except the words of the message: “Heading south.” Mrs. Irwin said her son started three years ago on his adven- turous trip, taking a motion pic- ture camera and violin. She sald he had been traveling since he left high school here at the age of 17 and had already made one trip around the world and four to Europe. at last able to stand he reeled out again into the snow, heading south as always. Arrives at Eskimo Village. ‘Two .days later he came to an Eskimo village and stumbled down before the door of a snow house. The kindly people were frightened at first. They were of one of the most primi- tive tribes, the Oukushiliks. Only one of the villagers, an old woman, had ever seen & white man before. white man had been straight and strong and daring on the trail, and in 1903 had come to the camp where she lived. His name was Amundsen. Irwin was taken in and nursed and he and the Eskimos lived six months on raw, frozen fish. It was here that the back-river Eskimos, who hunt for the dog food used at Baker Lake post, found him. He was rushed to the post. Had Forgotten English. Irwin is a big fellow, well over six feet, yet he was just an ice-crusted bundle when they took him from the sledge. His clothes were ribbons, his hair below his shoulders, his beard many inches long. His eyes were glazed with fever and the horror of his experience. Apparently he had almost forgotten how to talk. At first he spoke to the post people in a combination of Eskimo and English. Careful introduction to food brought back Irwin's strength. Today he |spends most of his time eating and sleeping. It will be days before he |is able to be around. Then—and here is real nerve—he plans to outfit ‘lnd go south under his own power |another 800 miles by dogs to the |rail head at Churchill. Two thousand miles alone—six months without seeing a living soul! Men of the north like this young D. C., THURSDAY, That; DAVIDSON DEATH PUZZLES CORONER Secrecy Shrouds Probe of Monoxide Poisoning of Statler Heiress. BULLETIN. PINEHURST, N. C., February 28 (#)—An autopsy on the body of Mrs. H. Bradley Davidson, jr., E. M. Statler heiress, who died here yesterday morning under mysteri- ous circumstances, was begun here this afternoon at the behest of attorneys representing the hotel magnate’s estate. By the Associated Press. PINEHURST, N. C., February 28. | —Acting Coroner Hugh Kelly today | postponed until this afternoon re- | sumption of the inquest into the| mysterious death here of Mrs. H.| Bradley Davidson, jr., talented young heiress of E. M. Statler of hotel fame. | The inquest, begun yesterday, was adjourned until this morning at thel Tequest of Mrs. Statler, the girl's| foster mother, who started for Pine-| hurst on receipt of news of the death. A train delay caused the additional postponement. Slumped under the steering wheel of her car, the 22-year-old bride of less than two months was found un- conscious by a servant at the David- son Winter home when he opened the door of the family garage yester- day morning. Fails to Revive Mrs. Davidson, who was graduated from Radcliffe College at the age of 20 never regained consciousness. The coroner's jury was told by Dr. M. W. Marr, the attending physician, carbon monoxide was the immediate cause of death. There is an intimation from an authoritative source that the - jury was not “satisfled” as to the cause of death and that an autopsy may be ordered, Davidson, testifying at the inquest, said he and his wife occupied separate rooms. He said she wore sport clothes when found by servants and that she was in the habit of going for early morning drives when she was unable to sleep. Other evidence at the inquest was to the effect that the motor's switch was the motor had been choked. The jury considered the possibility that in some unexplained manner the heiress met an accidental death. but that sufficient evidence had not been gathered. Made Swimming Team. The year before her graduation Mrs. Davidson, one of several children adopted by Statler, made the United States Olympic swimming team, but zoon afterward injured her spine while iving. She had been in poor health ever | since, friends said, although she con- tinued to lead a moderately active life. | A recent automobile mishap in South Carolina tended to aggravate her con- dition, it was said. American. He's the type of man that won't let this savage country beat him. (Copyright. 1935. by the North American Newspaper Alliance. Inc.) Harold Horan Speaks to Class of Catholic Alumnae. Harold Horan, Washington corre- spondent for the London Herold and the magazines Time and Fortune, last night addressed members of the class of creative writing, which is being sponsored by the International Fed- eration of Catholic Alumnae Associa- tions, on subjects of political and feature writing. Presiding at the meeting was Mrs. Lewis Payne, governor of the local chapter of the association. Miss Ruth Craven, head of the Literary Committee, arranged the program. M’CARRAN TO SPEAK Senator to Replace Mrs. Jenckes on Burroughs Program. A change in speakers for the Bur- roughs Citizens’ Association meeting tomorrow night at the John Bur- roughs School was announced today by David Babp, president. Senator McCarran, Democrat, of Nevada, will address the association instead of Representative Jenckes, Democrat, of Indiana. A special program of Troop 99 of the Boy Scouts will furnish a half- hour entertainment program, most of the boys of which attended the Bur- roughs School. The program is un- der direction of Dr. H. Fife Heath. Congress in Brief By the Associated Press. TODAY. Senate. Takes up slim calendar. Munitions Committee hears end of inquiry into Bethlehem Shipbuilding TD. Interstate Commerce Subcommittee resumes coal hearings. Interstate Commerce Subcommittee studies bus section of Eastman trans- portation measure. House. Debates Interior Department appro- priation bill. Banking Committee questions F. D. 1. C. officials on omnibus banking bill. Interstate Commerce Committee conducts hearing on holding company regulation. Agriculture Committee takes testi- mony on A. A, A. amendments, Labor Committee discusses equal representation for labor on code au- thorities. Ways and Means Committee studies economic security legislation. YESTERDAY. Senate. In recess. Interstate Commerce Subcommittee considered Federal control of bus traffic. Munitions Committee questioned 8. 5 Bethlehem great weariness again bore him down. | tion pill, Raw dog food kept life in his body. At last he plunged through the weird darkness of the Arctic to an abandoned igloo and stood swaying | bill a prayer, “Ob, God, I'm not yet a man, but let me have strength enough to be pne.” live. dog meat dog’s own fatigue, and Opposition to volun old Al numumhpldlnwhglnn:l.“m Committee. Rules Committee decided to hear John Fahey, H O. L. C. chairman, regarding charges of graft in his or- ganization. hearing on A, A. A. amendments. Interstate CORRESPONDENT SPEAKSI ‘Tuesday night—the night before she was found unconscious—Mrs. Da- vidson and her nusband, together with their house guests, Mr. and Mrs. Curtis Champaigne of New York, at- tended a charity ball at the Country Club and then went to a night club. They returned home eéarly in_the morning, members of the household said. Mrs. Davidson had an early golf engagement and arose before any one else, it was said. Davidson, 19 years his wife's senior, is a member of a socially prominent Washington, D. C., family. i e MAJOR’S DAUGHTER REPORTED BEATEN Army Officer at Presidio Denies Kidnap Attack in Drive on Reds. By the Associated Press. SAN FRANCISCO, February 28— Maj. Albert M. Jones, chief of the in- telligence unit of the Army’s 9th Corps area, today denied published reports that his 20-year-old daughter Barbara had been attacked and beaten in & Communist campaign of violence against officers in the San Francisco Presidio. The story, as carried in the Ex- aminer today, said the attack occurred on a dim street at the Army post after Maj. Jones had received letters threat- ening kidnaping or harm to his daugh- ter unless he halted his activities against Communists. The paper said Capt. Warren J. Clear, the major's assistant, and s member of a third officers’ family, as- sertedly a woman, were also waylaid and beaten. Capt. Clear declined to affirm or deny the story. The newspaper said the attacks and the alleged Communist terror reign are under investigation by the Depart- ment of Justice, and that & report has been forwarded to the Army high com- mand. Maj. Jones admitted he has con- ducted an intensive drive against sub- versive radical activities at the Army post. D. C. FIRE DEPARTMENT NEEDS TO BE DESCRIBED | . The many and varted needs of the District Fire Department will be de- scribed before the Appropriations Subcommittee of the Senate District Committee by the Consumers’ Coun- cil probably early next week. Mrs. John Boyle, jr., chairman of the Council, has appointed Mrs. Ernest Howard to appear before the subcommittee and outline the handi- caps under which the Fire Depart- ment is operating. off when the body was found, but that | FEBRUARY 28, 1935. Claudette Colbert and Gable Win Academy Claudette, en route to New York, was was By the Associated P.ess. HOLLYWOOD, Calif., February 28. —Claudelte Colbert and Clark Gable were acclaimed by the movie world | | today for the best acting performance | | on the screen in 1934. The two, co-starred in “It Hap- pened One Night,” were singled out for the honor in annual awards voted last night by the Academy of Mo- tion-picture Arts and Sciences. Cther flim notables were tendered awards | for acting, directing, producing, song writing and other outstanding achieve ments in the industry the past year. Greatest applause from the thou- sand of the film colony’s elite who at- | | tended the academy’s annual banquet, ! however, was reserved for little Shir- | ley Temple, who received a special | award. Picture Won for Others. The picture, “IL Happened One | Night,” a cleverly fashioned but sim- | ply told story of a boy and a girl, was the vehicle on which others be- sides Miss Colbert and Gable rode to acclaim. Well written, it brought the year's screen writing award to Robert Ris- kin; well directed, it brought the di- recting award to Frank Capra, snd well produced, it brought the pro- duction award to Columbia Studios. Prizes for 1934 Copyright, A. P. Wirephoto. Claudette Colbert receiving trophy from Shirley Temple for best work by an actress during 1934 for her performance in “It Happened One Night.” called from her train to receive the award, made by the Academy of Arts and Sciences. Miss Temple herself cclaimed by the academy and received a special award. The proceedings were interrupted | midway so Miss Coltert, who was tak- | ing a train for New York, could re-! ceive her gnlden statuette. She kissed | Irvin §. Cobb, toastmaster. « Gable was cheered lustily, but merely bowed and smiled as he re- ceived his statuette. Several write-in candidates drew attention, notably blond Bette Davis | for her role in “Of Human Bondage.” Other Awards Announced. Other awards announced were: Song—"“The Continental,” written by Con Conrad and Herb Magidso in the picture, “The Gay Divorcee. Sound recording—*“One Night of | Love.” Musical scoring—“One Night of | e i Short subjects—Comedy, “La Cu- | caracha;” cartoon, “The Tortoise and | the Hare,” and novelty, “City of Wax." Assistant direction—John Walters for “Viva Villa.” Art direction—Cedric Gibbons for “The Merry Widow.” Cinematography—*Cleopatra.” Original screen story — Arthur Ceasar for “Manhattan Melodrama.” | Film editing—Conrad Nerving for “Eskimo.” COUNTY ELECTION HEARING CLOSES No Evidence of Fraud Is Dis- closed—Ballot Boxes Are Sealed. By a Staff Correspondent of The Star. ROCKVILLE, Md.,, February 28.— Counsel on both sides of the con- tested Montgomery legislative election cases joined hands today in sealing the mysterious ballot boxes, said to contain spurious ballots, and placing them in the custody of the clerk of the Circuit Court, Clayton K. Y atkins, where they will remain under lock and key until a decision in the case 1s rendered by the Election Committee of the House of Delegates at Anna- polis. Shortly after 6 p.m. yesterday Police Court Judge Donald A. DeLashmutt heard the last bit of evidence in the suit brought by Dr. Llewelyn Jordan and John L. Imirie, defeated Demo- cratic nominees for the House of Delegates, against the successful Fusionists, Joseph A. Cantrel and Walter Magruder. 200,000 Words in Evidence. At the end of the trial, some 200,000 words of evidence had been submitted —to be transferred to the Elections Committee of the House of Delegates. In the last hours, Dr. Jordan, handling POLICE ASSAULT CASEISRESUMED Defense Testimony for Shotzberger and Wessells to Be Continued. Continuation of defense testimony | is scheduled upon resumption of the trial in the assault case against two | ‘Washington patrolmen in Police Court this afternoon. Court was ldjournedl yesterday afternoon by Judge John P. | McMahon after the first defense wit- ness, Ernest S. Atchison, 5311 Nine- teenth street, had testified that Har- rison M. Fuller of 841 Ingraham street, | struck the first blow in his fight with | Officers John 1. Shotzberger and | Ernest T. Wessells. home to serve a traffic warrant on Allen M. Fuller, but -took Harrison Fuller to headquarters instead. The latter subsequently filed the asault charges against the two patrolmen and they have been suspended pending their trial. Struck Policeman on Head. Atchison testified yesterday that he had just come out of the back of his house when he saw Shotzberger ap- proach Harrison M. Fuller in the alley and that Fuller struck the policeman on the side of the head, knocking off his hat. After the policeman and Fuller had made futile passes at each other, Fuller ran and said, “If you have the case for the Democrats, succeeded in introducing evidence that ancient and antiquated methods in registra. tion books are partly responsible for much of the confusion evidenced at the November 6 elections, out of which the suits grew. As an outcome of the trial Dr. Jor- dan and opposing counsel were par- tially agreed that the result will be, at least, the introduction of voting machines in the larger centers of Montgomery County; probably in Be- thesda, Silver Spring, Chevy Chase and Rockville. CHURCHES DAMAGED Earth Tremors Crack Domes of Byzantine Edifices. ATHENS, February 28 (#).—The domes of several Byzantine churches were reported to have been cracked today by earth tremors which shook Amorgos and Santorin, islands in thé Cyclades. No casualties were reported. Pive persons were killed and sev- eral injured in earth shocks which shook the Candia section of the Island of Crete, south of the Cyclades, Jest Monday. The Evening Star Offers Its Readers a warrant for me try and catch me if you can,” Atchison told the court. The testimony showed that the two policemen had gone to the Fuller home last Wednesday to arrest Allen M. Fuller on an old parking warrant and were watching both the front and back of the house when Harrison M. Fuller started out through the alley and was accosted by Shotzberger. Mrs. Myrtis M. Fuller, mother of the two boys, testified she saw Shotzberger strike Harrison and screamed for Allen to come to the window. The latter testified that his mother would not let him go out, so he called the station house to report the matter and then went there to put up collateral after his brother had disappeared. Says Officers Beat Him. Harrison M. Fuller said he went to a store at Seventh and Kennedy streets, where he was grabbed by the two offi- cers and beaten by Wessells while Shotzberger struck him and knocked him down. He lost consciousness while at the patrol box, he sald, his last recollection being that one or both policemen were on him with their knees. During his direct examination he said he told Shotzberger that the latter had no warrant for him and the po- liceman replied that he would at least lock him up for resisting arrest. He admitted that “after the cop grabbed me I called him a yellow dog.” The defense, under the direction of Attorney James A. O’'Shea, forced ad- missions from both of the brothers This Worth-While BOOK Price $1 at The Evening Star Business Office, or by mail, postpaid It explains the permanent departments of the Federal Government and the Alphabet Bureaus of the New Deal. Every American should read it. Order today. Order Form =y S ] | i | SIroet ceesececsassesassesernacsie | CUY. cevsesacsecesscacs StBIS.cove permit was revoked in 1931 and he 'was placed on probation for six months following & conviction on second- offense speeding. ———— HEADQUARTERS OPENED Under the leadership of Frank organizations, parent-teacher associations and adult The officers had gone to the Fuller | COMMODITY SALES B00D IN MIDWEST Farm Orders Mount and Land Sells at Profit. Retail Gains Noted. This is the fourth of a series of flve articles contrasting conditions in the Midwest as Mr. Roosevelt, a member of the editorigl staff of the New York Herald Tribune, found them on a recent tour and in the Autumn of 1933. BY NICHOLAS ROOSEVELT. The improved conditions on the farms and the greater optimism of the city people are reflected in the increased activity in many lines of business in the Middle West. Not only are the mail-order houses doing & larger volume of business than a year ago, but department stores, dealers in luxury goods and many other re- tail traders report & big increase in sales. Fully as significant, if not even more so, new orders for agricultural implements are coming in at such & rate that this business, which in 1933 was operating at only about 20 per cent of its predepression level, and last year at 40 per cent, seems likely this year to exceed 60 per cent. At the same time, the demand for paints, roofiing and other articles of farm and house maintenance is growing rapidly. Even the furniture dealers in Chicago report a great increase in business, and the makers of furnaces and other household appliances are hopeful of much larger sales during the current year. ‘When I asked how much of the im- provement in house repairs, renovae tion and maintenance was attrib table to the Federal Housing Adminise tration, which has been offering to lend money to stimuiate building, I was told that the actual volume of money advanced for this purpose by the Government was small, but that the Government's extensive advertise ing campaign urging people to repair and enlarge their houses was bearing fruit in a great increase of privately financed operations. Credit Easily Secured. Not only is money being taken from the banks for this purpose, but the suppliers of expensive household improvements, such as heating plants, have been making generous terms, and in this way have given a distinct stimulus to building operations. New housing, however, is as yet restricted in volume. At the same time a distinct increase in the sales of rural real estate is in evidence in the Middle .Western States. A small part of this—notably in the neighborhood of Kansas City— appears to be due to flight from the dollar on the part of wealthy city people fearing inflation. Most of it, however, 1s the result of demands by farmers who expect and intend to farm this land. A corresponding improvement in the sale of urban real estate is not yet in evidence. At the same time urban rents continue low—especially for office space—and the urban real es- tate business as a whole is inactive and unprofitable. Auto Buying Aids Steel. The effect of the marked increase in all sorts of retail business will probably ultimately be felt in the still stagnant durable goods industries. Already the volume of steel output has increased materially, but this seems to be due largely to buying on the part of automobile companies and the agricultural implement manufac- turers. The most valuable steady business—rails and structural steel— is improving very slowly. In general, the various types of heavy goods in- dustries still are operating at only a small percentage of their capacity and this in turn is prolonging the unem- ployment of millions of industrial workers. With the passage of time it is now clearer than ever that Col. Leonard Ayres of the Cleveland Trust Co, was right when in the early Sum- | mer of 1933 he insisted that the great bulk of the unemployed in this coun- try were in the durable goods indus- | tries, and that inasmuch as the New | Deal program only stimulated con- | sumer goods industries it would not | strike at the real root of the trouble. | For expressing these views Col. Ayres was bitterly denounced by the ad- ministration. It is interesting to note, | however, that even Gen. Johnson, ho in June of 1933 could still be classed as one of the stanchest New 'Dealers, had seen that this diagnosis | was correct and had urged on the 1ndmm|mmon a $3,000,000,000 pro- | gram designed directly to stimulate the durable goods industries. The brain trusters, however, would have | none of it. This is one of the reasons unemployment has continued almost unabated during the last 18 months. New Deal Fallacies, ‘The effect of this unemployment in the industrial centers on the situa- tion of the farmers of the country was long ignored or denied by the administration theorists. In part for political reasons the prime efforts were made to raise artificially the | prices of farm products. Only a few agricultural leaders had the courage —and the clear vision—of Dean Christensen of the Agricultural Col- lege at the University of Wisconsin to point out that the drop in the urban pay rolls was the important cause of the low prices for such things as dairy products. There is little doubt that if the great mass of urban workers could afford a balanced diet the great mass of agricultural production in this country, always ex- cepting such export staples as cotton and wheat, could be consumed within our borders. But the New Deal policies followed the other theory. They sought to stimulate consumers’ goods industries— ie, those industries catering to the retail trade in goods which are con- sumed in daily life—and not only did nothing to help the durable goods industries, but actually handicapped them in their recovery. This mistake has largely contributed to the pres= ent size of the relief rolls. .Unm the heavy industries are once “more op- erating at a normal rate we shall not have a well-grounded, sound recovery, nor shall we turn back to self-sup- port of many millions of persons now being supported in idleness by the Government. In his final article in this series tomorrow Mr. Roosevelt analyzes the conflicting political currents in the Middle West today. BAND CONCERTS. ) By the United States Soldiers’ Home Band Orchestra this evening at 5:30 o'clock in Stanley Hall. Jobn 8. M. Zimmermann, bandmaster; Anton Pointner, assistant leader. By the United States Marine Band tomorrow at 3 p.m. in the band audi- torium, Marine Barracks. Capt. Tay- lor Branson, leader; Arthur 8. Wite comb, second