Evening Star Newspaper, April 1, 1935, Page 1

WEATHER. (0 8 Weather Bureau Porecast) in this afternoon, tonight and prob- .N-y.lm morning: not much change in temperature; lowest tonight about 40 degrees. Temperatures—Highest, 42, at noon today; lowest, 40, at 7:30 a.m. today. : ® The only even| a in Wn:gngtonln#it gfi: Associated Press News and Wirephoto Services. Closing N.Y.Markets, Pages 13,14 & 15 33,207. 0. MELLON ASSUMES RESPONSIBILITY IN post office, Wa Entered as second class matter shington, D. C. he Foeming “Sfap WASHINGTON, D. C, MONDAY, APRIL 1, 1935—THIRTY-SIX PAGES. New Trial in Scottsboro Case Is Ordered by rris and Patterson] Doomed for At- N Supreme Court TAX DEDUCTIONS| cack on Woman in Atabama, 4re Testifies Strange Income Tax Law Made Stock Deal Necessary. DECLARES HE CONDUCTED SALE OF COAL COMMON Says Pittsburgh Security Ap- peared to Be Outstanding One With Respect to Loss. By the Associated Press. PITTSBURGH, April 1.—Andrew W. Mellon took the responsibility on the witness stand at his income tax hearing for the deductions made in his 1931 income tax report. The financier said the country's “strange” laws governing income taxes made necessary the transac- tions which the Government claims were fraudulent, but which Mellon claims were legitimate. { Called unexpectediy to the stand by his chief counsel, Frank J. Hogan, | Mellon was questioned concerning the sale of a huge block of Pittsburgh Coal common stock on which he claimed a tax lou{( $5,600,000. “Who conducted “the sale” asked Hogan. “I did, myself,” said Mellon. Mellon Describes Transaction. The former Secretary of the Treas- ury spoke slowly in a low but dis- tinct tone. “Tell us how it came about.” con- tinued Hogan, referring to the Pitts- burgh Coal sale. “I had under consideration the question of my tax return for the year in the office of Mr. Johnson (Howard M. Johnson, Mellon’s confidential sec- retary),” said the banker. “I had had large losses and shrinkage in my in- vestments. I also had large capital gain profits upon which I was obliged to pay a capital gain tax. “I desired to select some security or securities for the purpose of the de- | duction allowable in that respect. The | strange law which made me liable for & capital gain tax also allowed the privilege of reduction, so the Pitts- burgh Coal stock appeared to me the outstanding stock with respect to loss.” | The 80-year-old three-time Secre- tary of the Treasury was the first wit- ness called today at the resumption of the before the Board of Tax Appeals now in its seventh week, The Government claims Mellon owes a tax and assessment of $3,089,000, but the ‘banker contends he pa; e Govern- ment $139,000 too much. Johnson, Early Witness. Johnson, Mellon's secretary, was a witness early in the hearing and re- lated how he made out all the finan- cier's ipcome tax returns. He had testified that in 1931 Mellon glanced at his report, but did not study it. The coal stock—123,000 shares—was sold to the Union Trust Co. and later repurchased by the Coalesced Co., Mellon's family holding corporation. ‘The Government describes it as a “shadow sale,” deliberately planned to evade tax payment. “At the time, I could not sell the stock on the exchange,” the banker testified. “It was so large a block as to be impossible then and the only place where I might effect a sale was the Union Trust. “After a regular meeting of the Union Trust Executive Committee,” he continued, “I went over to the bank and took the Pittsburgh Coal ques- tion up with Mr. (H. C.) McEldowney, who was head of the bank, and I said T would like to sell to the Union Trust the Pittsburgh Coal common stock. Sale Is Agreed Upon. “He asked one or two questions con- cerning the amount and shares of stock and with those questions he con- sidered the matter. I said I would sell at market price and mentioned in round figures $500,000, so he consid- ered and said, ‘All right, send it out and we will take it.' " Hogan asked if anything was said about a resale, or if that was all that was mentioned. Mellon replied: “That comprises everything substan- tially that I said. After that I went (Continued on Page 3, Column 4) 1,000 DEPUTIES EYE VOTE ON TIRE STRIKE Akron Sheriff Moves to Keep Peace as Goodyear Labor Cli- max Draws Near. By the Associated Press. April 1.—Sheriff By the Associated Press. Death sentences imposed on Clar- ence Norris and Haywood Patterson, colored, on conviction of having as- saulted a white woman near Scotts- boro, Ala., were set aside today by the Supreme Court and a mew trial ordered. Chief Justice Hughes delivered the opinion. He said there was no con- troversy as to the constitutional prin- ciple involved—that if Negroes are excluded from jury service equal pro- tection of the laws.to all does not Te- sult. Question One of Fact, “The question here is one of fact, whether the right has been denied,” he added. Hughes said it was charged that Negroes had been arbitrarily and Jury systematically excluded, although qualified, from jury service. He said it long had been held that whenever —by any action of a State, whether through legislation, the courts, execu- tive or administrative officers—per- sons of the African race were exclud- ed because of race and color from jury service, the court proceedings were in- valid. He then reviewed the evidence in | the case to develope whether Negroes had ben systematically excluded. He related the writing of names of Ne- groes of the Jackson County jury roll and reached the conclusion the names had been fraudulently placed on the rolls. The Chief Justice asserted there was | evidence that there were qualified Ne- groes available for jury duty. He sug- gested ihe qualified Negroes were not excluded because of apy disease or other special reason for excusing them. The absence of Negroes from the Granted Reprosecution. jury rolis should have caused the trial court, Hughes said, to quash the in- dictments. He added there was no justification for the wholesale systematic exclusion of qualified Negroes from jury service. Reading forcefully and rapidly, the Chief Justice said much testimony was received that no Negro had served on juries in Jackson County. He said that books giving the jury list con- tained the names of six Negroes at the end. “We think the evidence that no Negro had been called for jury service in Jackson County for a generation established there had been discrimi- nation,” Hughes said. “We find no justification,” he added, “for excluding Negroes from the trial Justice McReynolds took no part in the case. No dissent was announced. The colored men, center of lftiga- tion since 1931, contended they had been deprived of constitutional rights | because they were indicted by & grand jury and_found guilty by a trial jury | from which members of their race had been systematically excluded. | Forging Names Charged. | During arguments before the Su- preme Court, counsel for the defend- ants asserted that names of Negroes had been “forged” to the jury rolls of | Jackson County after the indictments had been returned. ‘ Once before, the Supreme Court or- dered a new trial for these and five other Negroes on the ground they had been unconstitutionally deprived of the aid of counsel in preparation for the first trial. On the second trial both again were found guilty. The others have not been retried. FLYNN WAR-PROFIT PLAN 15 INDORSE Senate Munitions Commit- “Ceiling” Proposal. | By the Associated Press. The Munitions Committee in & re- port today to the Senate threw fts weight behind the drastic Flynn plan to take the profits out of war. It voted opposition to principles laid down by Bernard M. Baruch, financier, for placing a “ceiling” over | the price structure in time of war, |and indicated more money would be | sought to complete its investigation, carried on for the past six months at |8 cost of $100,000. In addition, it voted indorsement of the efforts in Geneva to obtain “more rigorous international control of the arms traffic.” | Another stand was that a constitu- | tional amendment “to eliminate tax- exempt bonds” was essential to block a “loophole” for war profits. Submitting the report, Chairman Nye, Republican, of North Dakota said the committee within a “few days” would also introduce in the Senate the legislation drafted under direction of John T. Flynn, its economist ad- viser, limiting profits to a minimum, trimming salaries in war time to a maximum of $10,000 a year and placs ing all war-time industry under the disciplinary control of the War De- partment. e R. F. C. LOSES FIGHT. ON RAIL COLLATERAL Supreme Court Upholds Right of Lower Tribunals to Ban Sales. By the Associated Press. The right of Federal courts ad- ministering the reorganization of rail- roads to prevent the Reconstruction Finance Corp. and other holders of railway notes from getting their money by selling collateral was upheld today by the Supreme Court. Sale of collateral of the Chicago, Rock Island & Pacific Railroad was barred by the Federal District Court at Chicago in November, 1933, on the ground such action might obstruct— if not actually prevent—the orderly reorganization of the carrier. The decision was approved by the Seventh Circuit Court of Appeals. The R. F. C. holds more than $325,- 000,000 of notes issued by railroads, including $13,718,700 of the Rock Island, which matured March 1, 1934. It holds Rock Island collateral of $37,000,000 face value. Joining the R. F. C. in the suit were three banks and two trust companies which held Rock Island notes for $4,- 125,000 secured by collateral of $14,- 400,000 face value. i\ FRANC DEVALUED - . BY LUXEMBOURG]| oot pevers, Economic Union With Belgium Continued—Brussels Bourse Reopens. By the Associated Press. LUXEMBOURG, April 1.—The Lux- s | tee Opposes Baruch’s Price DISMISSAL ASKED {Supreme Court Requested to Lay Aside Appeal of Lumber Suit. The Justice Department formally requested the Supreme Court today to dismiss the case against W. E. Belcher of Alabema which had been | expected to test the constitutionality of the national recovery act. A de- cision was deferred until later in the day. Just as the dismissal motion was filed by Stanley Reed. solicitor gen- eral, the Lumber Code Authority re- versed itself a second time and an- nounced it would protest the dis- missal. A The authority will ask the court’s permiséion to file a brief in opposi- | tion to dismissal of the case. Whether the court would grant this permission | was considered doubtful by some. Uncertainty Flayed. A few minutes after Reed filed his dismissal motion, the Lumber Code Authority said H. Burdan Burr of Bir- mingham, Ala., attorney for Beicher, would oppose dismissal and insist the case be brought to trial to end “the deadening uncertainty” surrounding N. R. A. and the lumber code. Simultaneously in the Senate, Sena- tor Clark, Democrat of Missouri, in- troduced jointly for Senator Hastings, Republican of D¢faware, and himself a resolution asking the Attorney Gen- eral to prosecute the appeal in the Belcher case so N. R. A.’s constitu- tionality could be determined before Congress acts on its extension. Senator Robinson, Democratic lead- er, objected to its immediate con- sideration, and on his motion the Clark-Hastings resolution was referred to the Finance Committee already considering the N. R. A. bill. A. E. Mooers will appear as counsel for the Lumber Code Authority. Work of Authority Feared, In its petition io the court, the Lumber Code Authority declares that if the motion to dismiss the appeal in the case is granted, the code author- ity “will be in effect without power and authority to administer the code approved by the President for the lumber and timber products fndustries and the national industrial recovery act will in effect be deemed null and void without the far-reaching ques- tions involved having been finally and authoritatively passed upon by this honorable court whose decision alone can be final.” ‘The petition of the code authority continues: = “It is respectfully submitted that a decision of the issues involved in this case is necessary to remove the deadening uncertainty affecting the integrity and operation of the na- tional industrial recovery act. is a question in which the lumber and timber products industries are deeply concerned. “In making the motion to dismiss the appeal, the Government has, in effect, practically declared. that the lumber and timber products code is illegal, apparently for the reason that vesting of industry representatives with such “The Attorney General of the United States states that the lumber and timber products code is unen- OFNRACODETEST NEW CONFERENCE ON WORKS- RELIEF SOUGHT IN' HOUSE “Gag” Rule Employed in Ef- fort to Heed President’s Wishes. DEMOCRATIC LEADERS BATTLE LIMIT ON FUND Seek to Delete Provision From Bill Requiring $300,000,000 for Direct Work. BULLETIN. The House stood by President Roosevelt today to send the $4,- 880,000,000 work-relief bill back to conference with the Senate for elimination of the “direct work™ lli;ralnnon. ‘The vote was 249 to By the Associated Press. House Democratic leaders today re- sorted to “gag” rule procedure in an attempt to heed advice from President Roosevelt and send the $4,880,000,000 relief bill back to conference with the Senate. ‘The administration leadership lost an attempt to get unanimous consent to return the bill to a conference, where it would seek to remove from the bill the requirement that one- third of the $900,000,000 allocated for non-Federal projects should be spent for direct work. | Then & move was made to suspend | the rules to reach the end sought. De- | bate was limited to 40 minutes, with a two-thirds majority vote necessary for the motion to carry. It remained to be seen whether the administration could get this margin. Senators Oppose Move. Meanwhile, Senator Glass, Demo- |crat, of Virginia wrote Secretary | Ickes the Senate conferess on the bill | were “all opposed to sending the measure back to conference” to elim- inate the provision opposed by the cabinet member. | As head of the Senate conferees, | he contended the contested amend- | ment was in line with the purpose of | the bill—to provide employment—and | the measure was in “such lnmlt.lve‘ stage that it would be impracticable, |11 not quite impossible, to makee major | changes therein and secure action | thereon in the near future.” seeing the administra m:nd over to any other person, Glass said: “I am always glad to oblige you; but in this particular instance I think you are clearly wrong.” The Relief Administration, mean- while, with only $4,000,000 on hand, made no allotments today for April needs. Harry L. Hopkins, the a ministrator, notified C. H. Fullaway, assistant director of the Budget, thal $167,000,000—the same as the March figure—would be required for April. Fullaway said $9,000,000 of im- pounded Public Works Administration funds could be transferred by order of President Roosevelt, but that no com- munication from the President had | been received. May Hold Up $13,000,000. Of the $310,000000 of P. W. A, funds originally impounded, $48,000,000 was left, but Fullaway said the re- mainder could not be transferred with- out congressional action. Relief Administration officials indi- cated a possibility they would not dis- tribute $13,000,000 pending action on the work-relief bill, which would ap- propriate $880,000,000 to continue the present program With over 20,000,000 supported wholly or in part by Federal relief funds, officials said most State relief administrations had sufficient March meney left to carry them several days at least. It was reported authoritatively that the Chief Executive had agreed with Secretary Ickes that Congress should eliminate the language in the bill requiring that one-third of the $900,000,000 allocated to Federal proj- ects should be spent for “direct work.” It was added, by s leader who de- clined to let his name be used, that the President had suggested the method of deleting the objectionable language should be left up to con- gressional ‘leaders. ‘These leaders previously had sug- gested' that the bill be passed with the direct work requirement in it, and ‘nlnwmuuhwry resolution adopted $900,000,000 for non-Federal projects. Causes Further Delay. Leaders also said it promised a delay of two or three days to a week while the bill was worked over again in conference. . It was. indicated clearly, too, that the President has:informed leaders of opposition to the Senate amend- his oppoak (Continued on Page 3, Column 3.) But receipt of new word as| ‘Purge. APRIL FIRST! 4TORDATS 125,517 SUMRATS UP) Means Associated Press. ~ RUUSEV[” WURKS Destruction of War-Mongers Urged by Pope to Cardina ON PILED-UP MAIL Awaits $400,000,000 Rec- | ord Peace Army Measure, | and Relief Bill. By the Associated Press. MIAMI, Fla, April 1.—Tanned by | cardinals today that war is “impos- |to flash as he spoke. Southern sunshine and breezes, Presi- | dent Roosevelt went to work today on | an accumulation of mail and some business arriving from Washington. Two naval seaplanes carried pouches to him yesterday off Crooked Isiand, on the curve back homeward from the trip through the deep Bahama group. One Bill in Mail. On his sixth day out of the Clp".ll‘l the President found only one minor bill 1ot Congress to be signed, but a very good stack of mail and re- ports. He was looking forward to receipt $400,000,000 record peace-time appropriation bill and also for the $4,880,000,000 work-relief measure still awaiting final action by Congress. There was no indication from here | of a move on his part to intervene in the issue raised by Secretary Ickes on the final form of the work-relief measure. The yacht Nourmahal, carrying the President, trailed by the destroyer Far- ragut, anchored off Crooked Island yesterday and, in the words of Mr.| Roosevelt, “all hands went ashore to Sandy Beach this afternoon for sun bath and swim.” Plane Forced Down. A plane, returning, was forced down 12 miles off Miami with a broken fuel line. The plane carrying the mail came through in good order. The S. S. Virginia of the Panama- Pacific Line stood by until a Coast | Guard cutter picked up the disabled seaplane and arranged for its return to port. AUTO PLANT LOCKS OUT 300 WORKERS All Office Employes Dismissed as | is manifest the physical and material DREAD MARIHUANA SOLD IN- DISTRICT Result of Suit Against Hupp Co. Chairman. By the Associated Press. e DETROIT, April 1.—All office em- ployes of the Hupp Motor Car Co.’ including the entire engineering staff, were dismissed today and locked out of the plant. About 300 persons were affected. E William B. Hurlburt, assistant to Archie M. Andrews, chairman of the company, described the action as a The dismissal was an outgrowth o the Federal Court suit in which J. ‘Walter. Drage, former chaitman, asks that Andrews be required to resign and that contracts entered intc by him be voided. The management, some of the X blamed “leaks” in the staff for knowl- edge of the management’s affairs which reached Drake. ‘The notice said applications for re- employment would be received from “loyal” workers. Drake obtained a court order Satur- day temporarily Andrews and five other directors from putting the disputed ontracts into effect George L. Schein, attorney for the HOUSING OFFICIAL DIES Stanley 8. Holmes, New Jersey Authority, Succumbs. \Conflict Is Impossible, Says Holy See to Consistory—Calls for 3-Day Prayers at Lourdes. (Copyright, 1935, by the Associated Press.) | VATICAN CITY, April 1.—Pope Pius told a secret consistory of 20 sible.” | He sald it was impossible because: | 1. “It would be so enormous a crime. such a foolish manifestation of fury.” 2. “We cannot persuade ourselves | that those who should have at heart | who have in their hands the govern- the prosperity and well-being of the people wish to push to suicide, ruin, | and extermination not only their own ‘ leads to fear for a still sadder future” nation. but a great part of humanity.” | 3. “To us. as to many others, there | impossibility of war in the present most serious circumstance.” said. ness has ever made and that his red- hatted audience remained rigid throughout the solemn address. His gestures, they said, were in- frequent, and his delivery was marked Authorities, Powerless to Stop Traffic in Drug, Ask New Legislation. With a new bill aimed at the gar- cotic traffic in the District slated for introduction in the House this week, Federal officials disclosed today that marihuana—a drug known to induce insanity—is being sold here in places known to them and that authorities are prepared to strike at this traffic as soon as legislation affording them the proper power is enacted. Although marihuana is described by Narcotics Commissoner Harry J. Anslinger as a “dangerous drug,” there is no Federal or District law to control its use, and until such legis- lation is proivded, officials are vir- tually powerless to act. At present the only thing that au- thorities can do is to evoke the old pharmacy law, which provides a $10 fine for failure to label poison. Such action in the case of smoking mari- huana is said by officials to be in- effective. The proposed legislation will be introduced by Representative Fenerty of Pennsylvania, he indicated today. The bill, it is believed, will contain among its many other provisions se- vere penalties for unauthorized sale of marihuana. Used in “Reefers.” The drug is being smoked here mostly in the form of ‘“reefers,” a kind of cigarette in which the dried flowers of the marihuana, or Indian hemp, are mixed with tobacco. These “reefers” are known also by addicts in various parts of the country as “muggles,” “grifo,” “moots” and “mooters.” Marihuana also is smoked in pipes, mixed with tobacco, and is then usually referred to as “kiff” and “Indian hay."” Alarmed by ‘crimes committed by addicts, many States, including all those around the District, have taken action to curb the drug. In narcotic act which enables authorities to put sharp restrictions on mari- huana. Virginia enacted a State narcotic law last session. by what they described as “terrible | calm.” They said his eyes, still bright despite the Pope's 78 years, seemed His Holiness pleaded for the de- struction of those who want war and | proclaimed three days of public pray- er at Lourdes, Prance, so that God | “might illuminate the minds of those ment and the fate of peoples in the present sad anxiety of a time which If there is some one who wishes to fommit “this nefarious erime,” then, the holy father said, he could do noth- to “de- war." continued, the diffused all and greatest _H.38 for this reasom. he said, he (Continued on Page 4, Column 3.) DEMOCRAT NEGRO EXCLUSION UPHELD Limiting Texas Membership to.Whites Sustained by Supreme Court. By the Associated Press. The method employed in Texas to bar Negroes from voting at Demo- cratic primaries—by restricting mem- z‘r:.hlip N:n x party to whn‘u—wu ined- lay by the S8u e Court. e The action of the Texas Democratic Convention in May, 1932, in limiting Pparty members to white citizens quali- fled to vote under State laws was challenged by R. R. Grovey, & 44-year- old Harris County colored resident. Law Invalidated in 1932, In 1932 the Supreme Court declared l:‘;‘n'lcl: ': Texas statute which pro- egroes from voting at cratic elections. Since fl;‘.:{l m.nfi:; results have been sought by action of the Democratic party organization. Asserting he was qualified under State laws to vote as & member of the Democratic party, Grovey said he was 54, Democrate eimary throngh n , Democra re- fusal of Albert Townsend, county clerk, to give him a ballot. He sued for $10 damages in a Justice court and lost. Although this small amount gives no right of appeal, the Supreme Court agreed to review the case. The high court held Grovey was not deprived of any constitutional right. Justice Roberts, delivering the opin- ion, said the State convention was recognized by the State as having the right to arrange for elections. | against, | fuehrer Hitler rejected | peace proposals in Berlin was taken 135,833 Returns Not Yet Received. TWO CENTS. CAPT. EDEN SEEKS POLAND'S SUPPORT OF PEACE PLAN AS MOSCOW ASSENTS London Proposal Basis for Negotiations, Says Joint Communique of British and Soviet Conferees. WARSAW INTERESTED IN MODIFIED LOCARNO Suggestions of English Diplomat to Be Considered, but Present Eastern Security Pact Is Op- posed—Disarmament Is Pledged if Others Cut Forces. By the Associated Press. MOSCOW, April 1 —Capt. Anthony Eden sped toward Warsaw today in quest of further bulwarks for peace encouraged by conversations with Joseph Stalin, who agreed that the nations of Europe should build for security whether Germany collabo- rates or not. In & joint communique they as- serted that the Anglo-French peace plan concluded at London should be made the basis for preserving Eu- rope’s stability. “Loyalty to obligations” as mem- bers of the League of Nations was fixed as the guiding rule for mutual relations and the “spirit of collabo- ration” between Russia and Great | Britain. Wishes Eden Success. Maxim Litvinoff, Soviet commissar for foreign affairs, in bidding Capt. Eden farewell at the railroad station, said: “I wish you every success, for your success is our success.” Eden clasped the hand of his host and replied, “The same to you." Then the Englishman strode down the red plush carpet to his railway coach and departed for the Polish capital, where he was scheduled to arrive some time tonight. As Eden left the city the Soviet press came forth with another blast Germany. Michael Tuk- hachefsky, vice commissar for de- fense, in an article in the newspaper Pravda, - declaged Germany wotlld have an army of 849,000 by the Sum- mer, exceeding the French Army by 40 per cent and almost equaling the Soviet Army in size. He charged Hitler with *lulling Prance to sleep” with anti-Soviet war talk in the hope France would not realize her own peril. British Participation Seen. The joint statement of Eden and Stalin said the conferees believed it was now “more than ever necessary to pursue the endeavor to promote the building-up of collective security in Europe as contemplated in the Anglo-French communique of Febru- ary 3 and in conformity with the principles of the League of Nations." This statement coupled with what is actepted here as a fact that Reichs- the British by observes as meaning Capt. Eden agreed Great Britain should partici- pate in any collectinve security syse tem even though Germany remains aloof. The communique emphasized that security and mutual assistance pacts do not aim at “isolation or encircle- ment” of any state, which was taken as a reference to Germany. Both the Reich and Poland, the scatement said, would be welcomed as participants. WILLING TO HEAR PLAN, Warsaw Rejects Pact in Present Form, However, By the Associated Press. ‘WARSAW, April 1.—A foreign office spokesman said today Poland will be interested in any modification of the proposed Eastern European security pact which Capt. Anthony Eden, British lord privy seal. mey suggest after he arrives here tonight, but is 7pposed to the proposal in its present lorm. Said the spokesman: “We will listen carefully to all Capt. Eden briggs from Berlin and Moscow, particu- larly regarding the Eastern proposal as a peace guarantee, although as it stands so far, we are opposed to it.” Hitler Left Door Open, It was reported Reichsfuehrer Hitler of Germany had left the door open regarding such an agreement during his conversations with Capt. Eden and Sir John Simon, the British foreign secretary. The spekesman said the Polish view- point during the forthcoming confer~ ences would be based first on a desire “We hold the party was a volun- tary tion and was competent to decide its membership,” he asserted. No dissent was announced. This was the fourth time Texas Ne- had appealed to the high court asserting a constitutional right to in Demq tic in 1924, was not de- because the grounds to get a clarification of the of Poland's neighbors and u‘;fl?gg the Polish policy of “being able to take care of ourselves.” “If the others disarm" said the spokesman, “we will reduce our army.” He placed the size of the Polish Army at about 250,000 men. Unofficial esti« mates have mentioned 600,000 men. Flags Bedeck Streets. Locarno pact,” it would be