Evening Star Newspaper, April 10, 1935, Page 2

T A2 % “DIGTATOR” ISSUE - UPTOHIGH COURT President’s Right to Remove Officials Involves Im- portant Principle. BY DAVID LAWRENCE. Has the President of the Umtad" States become the complete dictator of personnel and policies in the ex- | ecutive agencies and the so-called in- dependent executive commissions of | the Government, irresptctive of the ‘wishes of Congress that such commis- _sions remain bi-partisan and inde- | pendent? The issue is raised before the Su- preme Court of the United States in what promises to be a momentous de- lcision in the evolution of the Amer- | ‘jcan system of Government. * The case centers on the power of ,removal by the President Can Con- gress limit his power by specifying the causes on which an officer may be removed? Can the President re- . move an official even if Congress © limits the power of removal to specific causes aamed in the law? 1In other words, has the President the unlimited power of removal of any officer in the Government who has originally been appointed by a previous President or by himself? These questions are to be found in studying the brief submitted by Wil- liam J. Donovan, former Assistant Attomey General. who is this week arguing the so-called ‘Humphreys case before the Supreme Court. Trade Board Removal. Mr. Humphreys was a member of the Federal Trade Commission. He had been reappointed by President | Hoover and he had been confirmed by | the Senate and had five years to ! | What’s - What Behind News In Capital Snoopers Beset Federal Workers—P. W. A. BY PAUL MALLON. Probers Investigated. HE life of a Government worker is supposed to be one. of ease | l and poverty. Walt Whitman | Iliked it because it furnished the ideal serenity required for poetic complacency. That was before | the New Deal. . If Whitman were to come back to | it now he would find the atmosphere in several corners more inspiring for two-gun thrillers than for poetry. There was, for instance, & bureau chief in the Public Works Administra- tion who got tired of having the in- telligence service of the bureau snoop- ing around his office. He collared the detective one day and said quietly: “If I see your face again I am going | to shoot you. Don't worry; I won't| kill you. I am merely going to wound you, so that I will have an opportunity at my trial to expose this situation.” The detective probably did not trust the bureau chief's aim. He absented himself thereafter. The chief later was successful in transferring himself to another Government department where he does not need his pistol. | to authorize increases In naval per- {and condition of the vessels avail- THE DECLARED NEEDED 140 New Merchant Vessels Urged as Congress Con- siders Action. Congressional aid and sanction for | construction of at least 140 new mer- chant ships grossing 1077.000 tons to serve as an auxiliary navy in times of war and other emergencies was| urged today as Congress made ready sonnel and number of fighting craft. | “The American merchant mariné as it exists today does not meet the needs of the Navy” the Interde- partmental Committee on Shipping Policy declared. “The service required by the Navy in time of war in the way of auxil- 1ary vessels, and the type, size, speed able in the merchant marine of vital importance.” 61 Three-Deck Ships. ‘The needs include: Sixty-one passenger or combination | passenger-cargo or large three-deck cargo ships of 12 to 18 knot speed, 488,000 gross tonnage. | Three passenger or combination passenger-cargo vessels, of 18-knot speed, 55,000 gross tonnage. 1 Twenty-four oil-burning cargo ves- | | sels. 10 to 12 knot speed or greater, | 168,000 gross tonnage. | Thirty-two tankers of 10 to 12 knot speed, 266,000 gross tonnage. | Twenty refrigerator ships, 15 knots | or more, 100,000 gross tonnage. Refrigerato ships are totally lack- Then there is the more recent in- de yarn about a small college presi- dent from the Middle West. He is | ing In the American merchant marine | | today. Available ships at present, ex- | | cept in the combination passenger- | | eargo type, “are old and slow; the age | of the vessels are in the neighborhood of 15 years on the average and the serve when President Roosevell T€- | congidereq one of the best economists | Speed does not exceed 11 knots. Each | quested his resignation in Ottobfl'.‘m his particular line. He joined the |Of these characteristics is a handi- 1933. Mr. Roosevelt in his letter frankly #aid in effect that he had not found | ‘Mr. Humphreys' service to be at vari- | once with the requirements of the law | but that he did not believe Mr. Jumphreys could carry out the aims | and purposes of the present admin- istration. ; vl ®" Mr. Humphreys contested his res| moval by appealing io the Court of | Claims to pay him his salary. After -the death of Mr. Humphreys the ex- ecutors of Mr. Humphreys' estate have | "earried on the case. The defense of President R00Se- | jg the fact that he once wroie a letter | velt's action is that, under two deci- sions of the Supreme Court of the +United States, the power of removal | change to another Government de- | war, ‘by a President, irrespective of whether | been upheld. | Mr. Donovan examines these prece- | dents with exhaustive care and points *out that neither instance is on all fours with the issues presented by the removal of Mr. Humphreys. Postmaster's Case. Thus the so-called Myers case in- ‘woived the removal of a postmaster. ~It was contended that the Senate had a right to a voice in removal because Mr. Myers was confirmed with the | “advice and consen: of the Senate, The Supreme Court said in its opinion de- ciding this case that, once the Sen- | ate had acted. it no longer had any rights to removal. In- another instance—the Shurtleff ease—a Federal appraiser in New York City was removed notwithstand- ing the fact that Congress had by statute specifically enumerated the only causes for which an appraiser | could be removed. | Mr. Donovan comments here, too, that this is not the same issue as in | the Humphreys incident because the Jaw which provided for the appoint- ment of appraisers did not have in it | ‘any specific term of service. Hence, he said, the Supreme Court was right | in holding that it was unthinkable, ' even if a man satisfied the require- | ments of the law, that he could not e removed. For if this were not so. | an appraiser could serve for life and it was not the intention of Congress | to deprive the President of the oppor- tunity to get efficiency by removing executive officers in the Government | service. Again Mr. Donovan answers that in the case of Mr. Humphreys the law | passed by Congress did fix a denniu‘ tenure for the office of Federal Trade commissioner, so that the idea of un- limited tenure which was present in | the case of the Federal appraiser did | not exist with respect to Federal ‘Trade commissioners. Also Judicial Offices. ‘There is still another point stressed by Mr. Donovan which distinguishes the . Humphreys issue from all other cases decided by the Supreme Court. Members of the Pederal Trade Com- mission are both executive and judi- cial officers. In their latter capacity, they are supposed to be independent of judgment and free from outside | influence. - Congress was so anxious to preserve | the bi-partisan character of the Fed- | eral Trade Commission that it wrote | into the law a requirement that mem- | bers must come from both political parties and that commissioners could | not be removed except for specific | wrong-doing of a moral character. If Mr. Roosevelt's philosophy is | upheld, it would mean that he could | Temove anybody from an independent | commission or tribunal created by Congress, even of a quasi-judicial character if the public official in qQuestion refused to decide cases in ac- cordance with presidential desire. The value of independent commis- slons will disappear if the Supreme Court should sustain Mr. Roosevelt's Pposition. Also it would not be sur- prising if some day Congress should insist on creating commissions wholly independent .of the executive branch of the Government to carry on fact- finding researches. It might lead, too, to the creation of administrative fourts with judges wholly independent of the President. Limitations of Power. ‘There is a feeling here among well- informed lawyers that the Humphreys case presents a strong statement of the limitations on the power of re- moval by a President and that the precedent created by the decision will have far-reaching importance on the character of independent commis- sions. In fairness to Mr. Roosevelt it thould be stated that he is not the only President who felt that his power of removal should be absolute. Mr Coolidge recognized the limitations Jaid down by Congress, but in one noted instance—a shipping commis- sioner—he requested that the appointee should on the very day of his ap- pointment file a letter of resignation to be used whenever the President wished it to take effect. The found- ing fathers wanted the executive branch of the Government to control an sdministrative official, but there is ample e that the framers of the Constitution did not wish the power of removal by the President to | extend to judicial officers. (Copyright. 1035.) 4 brain trust in an inconspicuous way & year ago as head of a section in the | subsistence homestead division and served there until a few days ago. Then he found a letter on his desk | tion that would make procurability of | ng him that he was fired with | merchant ships for the navy in time? informi discredit. No reason was mentioned in the letter. Suspect Snooper Saw Letter, The serious minded professor has trying to figure it out. His friends say he has searched his recollection and the only thing occurring to him to some one outside his department suggesting he would like to make a partment. He suspects the detective ed him. Callers at his office are being told that he is “away for the day.” There used to be ome oficial in P. W. A. who noted a tell-tale click of his telephone nearly every time he had a call. He suspected that the investigation division, under Louis Glavis, was listening in, so, no 'matter whom he was talking to. he always interrupted himself when the line clicked, and asked “Can you hear me all right, Mr. Glavis?” He has been transferred. If you have wondered why it takes the Government so long to get start- ed on P. W. A. and other projects, consider what happened to e Florida dry dock company, seeking a Govern- ment loan. -It is as good an example of red tape as ever was suppressed by a Government press agent. ‘The dry dock company applied for a loan and received the approval of the legal division of P. W. A. This| division is supposed to be one of the best in the New Deal. But the P. W. A. intelligence division stepped in and called the loan off, stating it had dug up something described as dirt on | somebody. Probe Is Probed. This aroused the Legal Division. The matter was carried to Secretary Ickes. He ordered an official hearing to be conducted by the Legal Division. This resulted in the detectives from the Intelligence Division being put under cross-examination by the Legal Division. The record of this inside rump court was finally completed and sent around to both bureaus for editing. The lawyers later discov- ered that the detectives changed their answegs in many vital re- spects, converting some ‘yesses” into “noes” and vice versa. Whole paragraphs were stricken out by the detectives, say the lawyers. So now an investigation of the in- vestigation is being conducted. Mean- while, the dry dock company is trying to be patient. & The bureaucrats are not the only ones who enjoy the hazards of excit- ing inner conflicts under the New Deal. In fact., a rather high-class disturbance has developed lately be- tween two such genial and outstand- ing New Dealers as the Federal Re- servist, Mr. Eccles, and the Houser, Mr. MofTett. It seems that Chairman Fletcher of the Senate Banking Committee was going over his mail about a week ago when he ran across a letter from Mr. Moffett complaining about the new Eccles bank bill. Apparently, Mr. Moffett thought that Mr. Eccles was | trying to have the Federal Reserve System compete with the housing pro- gram. Mr. Moffett’s interpretation was that banks could lend 75 per cent on mortgages under the new bank bill, which would hurt, if not wreck, that phase of the housing program insuring mortgage loans up to 80 per cent. ‘Those close to Senator Fletcher say that he sent Mr. Moffet's letter to Mr. Eccles. The services of a referee are now required. These difficulties have spawned fresh rumors that Mr. Moffett will resign. The fact about Mr. Moffett’s tenure is this: He has an understanding with President Roosevelt that he will be re- leased to resume his rather extensive private business operations as soan as the Housing Administration is on its feet. Mis friends have assumed that this time would arrive some time be- fore the end of this year. What it really means is that he may go at any time. 1Cmru§i;"lnal Am. Cantaloupes Bring $4.. Daper LOS ANGELES, April 10 (#).—The first shipment of cantaloupes this sea- North Ameriea: noe. Inc.) ) son from the Imperial Va! sold for | bill. $1 each here yesterday. e ship- ment of two crates brought $10 a box whalesale, and the 24 goldén melons netted the retailers $4. 12 1up," according to the committee. Navy Seeks Legislation, At the same time, the Navy De- | partment sought enactment of legisla- | | of stress much easier. The proposed measure would permit ‘(h! President to procure any mer- chant vessel registered, enrolled or licensed under the laws of the United | been wandering around since then, States during any national emergency | or when, in the opinion of the Pres- | ident, a national emergency is immi- | nent. The act would place all American flag ships on one basis as to pro- ! curability. Today, except in time of procurability is limited to ves- sels purchased, of the President, and to construction | loan and mail contract vessels, upon | the declaration of a national emer- | gency by the President. -~ CUTTING ASKS END TO CHAVEZ PETITION | Tells Senate Elections Committee Contest Over Election Is “Absurd.” By the Associat.d Press Dismissal of the contest of the elec- | tion of Senator Cutting. Republican, | of New Mexico, brought by former Representative Dennis Chavez of New Mexico, was urged today before the Senate Elections Committee by Hus- | ton Thompson, counsel for Cutting. | With both Cutting and Chavez as | interested spectators. Thompson de- clared the Chavez petition “absurd on its face.” and that it showed no basis for a contest. Referring to proceedings brought against former Senator Bratton of New Mexico, which he said were sim- ilar, Thompson told the committee | the committee in that it contended there was no forum in New Mexico in which the contest might be brought. | permit the filing of a contest in the home county of either the contestor or the contestee and charged Chaves court of law. WEARIN IS SARCASTIC Representative Otha D. Wearin of Towa proposed a sarcastically worded resolution in the House yesterday pro- viding that “property owners in the District be paid a salary to compen- sate them for hardships incurred as the result of living in the National Capital.” ' Mr. Wearin further suggested in his resolution that “this salary be dis- continued when the National Capital would be moved to the Middle West,” where it would no longer be a burden | to the property owners in the District of Columbia, and where, he said, “it belongs.” Danzig Paper Suspended. DANZIG, April 10 (#).—The social democratic daily, Volkestimme, was forbidden publication for a five- month period today as “endangering public order and security.” Congress in Brief TODAY. Senate. In recess. Finance Committee continues N.R. | A. hearing. | House. Considers miscellaneous legislation. Military Committee resumes hearing on legislation to expand T. V. powers. TOMORROW. Senate: ‘Will take up bill to provide addi- tional home mortgage relief, to amend home loan bank act, home owners’ h'tn act and the national housing ack. Finance Committee to continue N. R. A. hearings. Munitions Committee to comtinue hearings. Post Office and Post Roads Subcom- mittee may go on with hearings on airmail bills. House. . Expects action on special rule for social security bill probably will be delayed, Interstate and Foreign Commerce Committee meets at 10 a.m. on utility holding companies. Civil Service Committee meets at 10 am. Military Affairs Committee meets at 10:30 am. on Tennessee Valley Hearings on bill to tighten Distriet liquor control act before. Judiciary, Subcommittee of the House District Committee, 10:30 aamn. [ leased or chartered | he named a cause for removal, had | must have seen the letter and report- | from the Shipping Board, on demand | the Chavez petition was misleading to | He explained the New Mexico laws | “did not dare” submit the case to a | EVENING STAR, WASHINGTON, AUXILIARY SHIPS Wed Today GEN. HERMANN GOERING. EMMY SONNEMANN, ELLENBOGEN BILL FOR"UNEMPLOYED DELAYED IN HOUSE l - i | (Conttnued From First Page) | members sufficient time to study its | provisions. Nichols said he could not under- stand how Ellenbogen’'s Subcommittee on Fiscal Affairs could intelligently frame an unemployment compensa- tion bill for the District “that of ne- cessity must be in harmony with any Federal social legislation.” “It's like putting the cart before the horse,” he declared. Ellenbogen insisted the Federal bill could only provide minimum stand- ards: that his measure was intended to serve as a model for unemployment compensation and emphasized that if action is delayed until the closing days of Congress, there would be little likelihood of passage in the final legis- lative jam. Tax Method Discussed. | Kennedy and Nichols questioned the advisability of reporting the measure without providing some means, other than general taxation, of raising the | District's contribution to the compen- sation fund. Nichols suggested an ex- cise tax. “I would hate to see a bill passed,” he said, “that will add to the | property tax.” Rufus S. Lusk of the Washington Taxpayers’ Protective Association sub- mitted to members of the committee a report opposing action on the Ellen- bogen bill until national economic se- curity legislation is enacted. The re- port declared the Ellenbogen bill would add $1.000.000 to the tax of District residents, 75 per cent of whom would receive no direct benefits. The committee ordered a favorable report on a bill to permit the Smoot Sand & Gravel Corp. to lay pipe lines for petroleum and petroleum products in the industrial area in Southwest Washington. This measure already has passed the Senate. Amendments Seen. | Chairman O'Connor of the Rules Committee has been one of the out- standing opponents of a “gag rule” for the national security bill because of the belief the House would reject such procedure. various groups interested in amending the bill as meaning they would get a chance to offer their amendments. One reason for the decision, a ways | and means committeeman said pri- vately, was this: “If we brought up a gag rule and | the House licked it and tasted blood, then the whole bill would be destroyed. If we bring it up without a gag, the Townsendites won't get more than 40 | or 50 votes for their plan. 1f we gagged | them, they might come close to get- | ting enough votes to put their plan over.” Plans were made for taking the bill D. C., NAZIS CELEBRATE AS GOERING WEDS Hitler Is Best Man as Aide Takes Actress as Bride. By the Associated Press. BERLIN, Aoril 10.—Reichsbishop Ludwig Mueller admonished Gen. Her- mann Wilhelm Goering, 42-year-old aviation minister, and Emmy Sonne- mann, 38-year-old actress, to be “faithful unto death” as he pre- formed the religious ceremony of their gala wedding today. Reichsfuehrer Hitler, as he had been two hours earlier in a civil ceremony in the City Hall, was present in a place of honor for the rites in the Berlin Cathedral of the Evangelical Church. ‘The German leader, wearing a sim- ple brown uniform in contrast to the gorgeous general's outfit worn by Goering, sat in a special seat ahead of the rest of the congregation, which included the diplomatic corps. Example of Nasi Spirit. Said Bishop Mueller: “This wedding is a true example of the Nazi com- | munity spirit. True to the tradition of your forefathers, you came to the house of God to pledge fidelity toward each other. The love of the entire nation, from Der Fuehrer, who is with us, to the humblest citizen, ac- companies vou this day. | “Nazi Germany celebrates with you. | Fidelity and trustfulness are typical | German characteristics. With them | also love.” In keeping with the Naz idea of s man's world. two Hitler youths, | | rather. than girls, carried the train of | the bride’s flowing white robe. The civil wedding occupied 13 min- utes. Reichsfuehrer Hitler, clad in| his brown uniform, was one of the | | two groomsmen. } Thousands Cheer. | A vast crowd, in City Hall Square, | standing on rooftops and craning | necks from windows, shouted itself | hoarse as the bridal couple entered the | The situation was Interpreted by | | municipal building. No spectators | were admitted to the ceremony, how- | ever, except members of the wedding | party. The marriage was solemnized by tall | Mayor Heinrich Sahm, clad in a | somber Prince Albert coat and top hat with a heavy golden chain of | his office hung about his shoulders. | He was assisted by Julius Lippert, | State Commissioner for Berlin. An honor company of police bearing rifles presented arms and a police | band played as the bridal party emerged from city hall. A traffic jam, described by police as the worst in years, threw downtown Berlin into a turmoil as the city turned out en masse for the bridal procession. Guarded by 30,000. More than 30,000 storm troopers. picked Nazi guards, Hitler youths and police took up their positions along the route of the wedding procession. Goering was driven slowly to Frau Sonnemann’s apartment while the streets re-echoed with shouts of “heil.” A few minutes later the bride, dressed in gray and carrying a large | bouquet of violets, joined Goering and the couple proceeded to the Reichs- | fuehrer's palace. The roar of several ' squadrons of airplanes soaring over- head mingled with the cheers of the crowds. Goering and his bride last night | entertained the diplomatic corps, members of the Reich and Prussian cabinets, government officials, party leaders and several thousand addi- tional guests at the most brilliant opera performance since the fall of | kaiserdom. The opera the couple arranged for their well-wishers was Richard Strauss’ “Helen of Egypt.” The guests were regaled with champagne, wines, sandwiches, meats, salads and choc- | olate easter eggs. D. C. RELIEF GRANT FOR APRIL $620,400 Sum Is $109,600 Less Than That Advanced in March for Local Needs. —4 | The District today received a grant | of $620400 from the PFederal Emer- | gency Relief Administration for re- lief operations here this month. The total includes preliminary grants | alieady made while the Government was awaiting action of Congress on the new work-relief appropriations. | | total granted for March. For gen- eral relief purposes the April grant amounted to $558,900 and for trans- | | tents, $61,500. | up tomorrow or Priday. Leader, Here for Auto Show, Hails Advance in Taste. I to its twilight and America is turning - again to the old rhythmic tunes of a quarter century HE day of “Minnie the Mooch- er” the “Tiger Rag” and “Hold That Tiger” has come \Jazz Era Over, America Wants Smooth Music, Lopez Reports WEDNESDAY, The sum is $109,600 less than the | | after his execution for the Lindbergh A. | show at the Washington Auditorium, ago, Vincent Lopez, noted radio. stage and dance orchestra leader, says. | Lopez, who is appearing here at the General Motors Spring automobile APRIL 10, 1935. ALIEN ADMITTANCE FRAUD UNCOVERED “Startling Revelations,” With.CriminaI Prosecu- tions by U. S. Seen. By the Associated Press. “Startling revelations” were promised by the Government today as it an- nounced it had evidence of thousands of frauds in the Immigation and Naturalization Service from 1923 to 1933. It moved to oust a number of employes and start wholesale criminal prosecutions. The bill paid by illegally-entered aliens to a ring of bribe-takers in the service and “fixers” outside was es- | timated at $1,000,000 or more. “Revelations so startling in character have come to light that investigators believe the actual extent of corruption and fraud has been but partially dis- closed,” sald a statement issued by the Labor Department last night after a secret investigation of alleged frauds in the New York district. Indictment Is Noted. The recent indictment of Michael J. Hogan, a former member of Con- gress, who was confidential clerk to the collector of customs at the port of New York, was noted by the de- | partment. Samuel H. Kaufman of New York special Assistant Attorney General | appointed to prosecute the immigation racketeers, has been given evidence | intended to support 25 criminal prose- cutions involving 30 to 35 individuals. Deportation of 42 aliens arrested for unlawful residence in this country, | filing of 200 proceedings to cancel fraudulent citizenships and institu- tions of charges designed to remove a A young Dutch girl photographed as she pinned a flower on the coat of the former Kaiser Wilhelm as he Amsterdam recently. attended the annual flower show in —Wide World Photo. MEASURE. SIGNED Bill 0. K.’s Increased Enlist- Prescott Defies Prosecutor ', ed Strength to “Peace- Time” Figure. i | | By the Associated Press. President Roosevelt vesterdav ap- | proved the War Department appro- priations bill, authorizing one of the largest peace-time expenditures of its kind in history. Meanwhile, the Senate passed four ¢ national defense measures, sending two to the White House and two to “he House for consideration The two to go to the White House authorizes $38,000,000 of new housing | and equipment at naval stations along | the seaboard and in Hawaii and the | Canal Zone, and the training of 500 ' youths annually in the Naval and | Marine Corps Reserve as aviation cadets, | The House was given bills to speed | up promotion of Army officers below | the grade of colonel and to authorize 545 additional West Point cadets. In signing the War Department bill the President pointed out that it pro- vided for an increase in enlisted strength necessary to bring the Army to “peacetime strength.” ‘The bill carried close to $400.000.000 for the department’s use in the fiscal vear beginning next July 1. 'BRUNO TAX APPEAL DELAY PREDICTE | Convicted Man May Be Put to Death Before Decision Is Reached. | B the Associated Press. Bruno Richard Hauptmann's peti- tion yesterday to the Board of Tax Arpeals for a redetermination of in- come tax assessments against him may not reach a decision until Jong baby’s murder. The litigation may require two years for settlement, it is said. An appeal from the death sentence has been set for a hearing in June. The petition to the Board of Tax Appeals was filed jointly in his name and that of his wife Anna, and asked for a redetermination of income tax $9,768 for 1932 and 1933. The docu- ment was drafted by Attorney Frank B. Meske of New York. Unless the case is brought to an early decision by a stipulation agreed to by attorneys for both Hauptmann and for the Government, a decision before date of the death sentence ap- peal is unlikely, officials say. GOES TO ALIMONY ROW CHICAGO, April 10 (#).—William L. Ericksen is an ice man, He told Superior J#dge Desort business was bad,” offerinz that as an explanation A0 000000 ARMY PUGH CHALLENGED - INLYDDANE CASE to Make Good Threat “to Knock Block Off.” State’s Attorney James H. Pugh of Montgomery County was challenged today to make good his threat to “knock the block off* Stedman Pres- cott, chief of counsel for Mrs. Anne Lyddane. 29-vear-old Rockville bank retarr. who it charged with con- spiracy to carry out a dual murder plot Prescotf, who is State Senator frorn Montgomery County and head of the Democratic party which elected Pugh 1o office last Fall, declared in a state- ment this morning: “He has only to name the time and the place and ample opportunity will be afforded him to see if his ability be commensurate with his boast.” The prosecutor’s outburst, in which he declared he would “knock Pres- cott’s block off if he tries to intimi- date me” was made o newspaper men iwo days ago after Prescott had | called at his office and requested per- mission to examine statements in which State’s witnesses and prison- ers are alleged to have accused Mrs. | Lvddane of conspiring to murder her husband and Mrs. Josephine Beall of Darnestown. | Meanwhile. as friction increased be- | tween the rival attorneys, police in- "\eulgnmg the Lyddane case, began | this afternoon the questioning of their | latest witness, who came to Rockville last night to tell what he knows re- garding the alleged plot. Prescott, in talking with reporters this morning. declared that he had read with real regret “the remarks at- tributed to the State’s attorney for | Montgomery County that I had at- | tempted to intimidate him and some- thing about him ‘knocking my block oft* " “My only contact with Mr. Pugh | concerning this case,” Senator Pres- cott said, “has been that Mr. Peter (Robert B. Peter, jr.) and myself called upon him and requested to see the statements upon which Mrs. Lyd- dane is being held. He stated that he was just about to leave for Annapolis and would let us know that afternoon what his policy was going to be con- cerning the same. | “We again requested the privilege of seeing the.statements and he said then that he had not yet made up his !mind as ‘o whether we should see | them or not. He was later informed ! that we intended to write him a let- | claims, penalties and interest totaling | ter requesting the privilege as that had | been the policy of the State attor- ney’s office ever since any of us could remember. " There was not a cross | word spoken and that is the entire contact between us up to the present | time. If this be an attempt to intimi- | date & man over 21 years of age I fail to know the meaning of the word.” | County Detective James S. Mec- | Auliffe said the State's latest witness |'is well known in the Washington un- lderworld. He was finally reached at | Washington, Pa., yesterday after in- | vestigators attempting to locate him had traced the man through several Eastern cities. number of employes still in the service | were promised. Extortion Is Reported. Investigators reported evidence that large sums of money had been extorted | from illegally-entered aliens seeking naturalization or other protection against deportation. | “Sums ranging up to $100 are al- leged to have been paid in cases involv- ing false witnesses or passing of an applicant who had failed in his test of knowledge of the Government or his ability to speak English,” the Labor Department said. It is alleged that fees ranging from $300 to $1,200 were levied in cases in- volving fraudulent or altered manifest | records, where it was desirable to ob- | tain a record that would safeguard an alien from deportation or procure citi- zenship status by showing his legal ad- | mission at the port of New York for permanent residence.” Gangsters and “crooked attorneys” ere reported to have shared “fixing” fees with present or former employes {of the Immigration and Naturaliza- | tion Service. | Records Found Altered. | At the outset of the investigation in December, 1933, officials said, it was found that records at Ellis Island had been altered, official documents were | missing, and files relating to cases of fraud had been stolen. Government | records in New York and Washington and court records in Brooklyn and New York have been carefully checked, | they added, to determine discrepancies, forgeries, and substitutions on which | charges will be based. The Labor Department said the in- | quiry was ordered by Daniel W. Mc- | Cormack, commissioner of immigration and naturalization, after signs of grave irregularities came to light during consolidation of the two services in | August, 1933. 'PARISIAN SEIZED AS GERMAN SPY Police Say Arrest Uncovers Im- | portant Ring—Military Questions Found. By the Associated Press, PARIS, April 10—Edward Bern- hueber, who police alleged was one of the cleverest operatives of the Ger- ‘mnn intelligence service, was under arrest today as a result of investiga- | tions which authorities said had un- covered an important nest of spies He was detained on a warrant is- sued by Judge Benon, the magistrate | who conducted the original investi- gations into the activities of the | American couple, Mr. and Mrs. Robert Gordon Switz, and 19 others now on | trial on espionage charges. | Police said Bernhueber has posed ;m French political circles as an | apostle of FPranco-German rap- | prochement. His malil, they said, was addressed under the name of Britz |to the apartment of an American friend, whose name was not disclosed. The authorities said that when | Bernhueber was taken into custody he had on his person a list of ques- tions on military, diplomatic and po- |litical subjects which he had asked a French journalist, Armand Avrousat. ‘The questions indicated a particular interest in Austrian affairs, police | said. They quoted Bernhueber as assert- |ing that he was the Paris agent for German drug manufacturers, not a spy. Dr. Ballou to Speak. Dr. Frank W. Ballou, superintendent | of schools, will address the Vocational | Guidance Association on “The Place iof Guidance in the Educational Pro- | gram” tomorrow at 3:45 p.m. in the | music room of Central High School. Election of the assoclation’s officers will also be held. | The witness, McAuliffe stated, vol-: _ for being $156 behind in support pay- | unteered to return for questioning. ments for Wayne, 2, son of Mrs. McAuliffe would not say whether the Johanna Ericksen, William's ex-wife. man was lodged in the county jail, Six months in alimony row, said | but declared that “he had spent the should know what America likes. musically. He has played at some of the outstanding dance places in the country and has entertained millions on the stage and radio with his bands. “The day of the fortissimo has passed and now the American people are becoming more music-minded,” he says. “Jazz was born in that hec- tic era during and following the Great War. Its death now indicates a re- turn to a more balanced state of mind. It is certain that audiences no longer want ‘hot jasz’ on their musical menu.” Band Converted. Lopez says even small children, in requesting numbers by his band, ask for such tunes as “The Old Spinning Wheel,” the “Last Round-Up,” the often-played “When I Grow Too Old to Dream” or even Rachmanninofl’s “Prelude in C Minor.” To prove he really believes that the jazz era is over, Lopez recently con- verted his jazZ band into a newer, more rhythmic aggregation of musicians who can, and do play the better class of music. He says America never has hatiany musical sense before, but that in'the new awakening, the trend is to- ward music and melodies. [ VINCENT LOPEZ. He says in order to be pleasing to the modern audience or dancers, music must have smoothness. Outstanding Pianist. Lopez is generally conceded to be the outstanding pianist for popular music. He has organized several bands of various types, always giving way to the current trend in music. He says that of all the orchestras he has had, the present one is far superior. He is a firm believer in the science and always has allowed He and the familiar “Lopez speaking” has often been heard in programs over the ) the judge. | night in Rockvill Price $1 at The Evening Star Business Office, or by mail, postpaid The Euening Star Offers Its Readers This Worth-While BOOK It explains the permanent departments of the Federal Government and the Alphabet Bureaus of the New Deal. Every American should read it. Order today. o= Order FOrm — = -t JName ceeecviviiacacnnnsanannances ] | city EMILY POST Writes on how to be a guest or host. Questions answered by America’s best known writer of etiquette. See Page B-10 TODAY!