Evening Star Newspaper, May 18, 1935, Page 2

LICENSEBY A. A A ONMILKIS VOIDED Judge in Boston Dismisses U. S. Suits Against Two Dealers. By the Associated Press. BOSTON, May 18.—Judge Elisha 'H. Brewster of the United States Dis- triet Court ruled last night that the Pederal license for the greater Boston milk market, established under the sgricultural adjustment act, is void and unenforceable, The decision dismissed suits brought by Secretary of Agriculture Henry A. Wallace against the Seven Oaks Dairy Co. and the Westwood Farm Milk Co., Inc., Boston dealers who purchase Vermont-produced milk for distribution in Boston. The suits sought to restrain the defendants from operating after revocation of their Federal license. Challenging authority of the Sec- retary of Agriculture, Judge Brew- ster’s summarized reasons for declar- Ing the license void and unenforce- able were (1) that the license “pur- ports to operate upon persons not within the reach of the authority con- ferred upon the Secretary of Agricul- ture by the agricultural adjustment act;” (2) that the scope of the license “has been carried beyond the limits of law by regimenting production and fixing prices with respect to transac- tions that have no substantial or di- rect relation to interstate commerce,” and (3) “that these excesses, found in tnseparable provisicns of the license, vitiate the whole license.” Appeal t0 be Sought. Samuel W. Tator, Federal adminis- trator for the Boston market, an- nounced late last night the A. A. A. would ask the Department of Justice to appeal from the decision. This move was regarded in Boston as ac- tion to forestall throwing the license into immediate discard. Judge Brewster cited numerous precedents, including the recent May 6, 1935, Supreme Court decision in the case of the Rallroad Retirement Board vs. the Alton Railroad Co., which declared the railroad pension act unconstitutional. “In order to sustain the validity of the license involved in these cases,” What’s What Behind News In Capital Bill-Bartering Frenzy Grips Congress, Truth Serum Might Help. BY PAUL MALLON. \HE annual dog days are upon Congress. At this time of year, near the end of the ses- sion, both houses begin acting queerly. The natural processes of legislation give way to covert back- stage bartering of bill for bill, amend- ment for amendment. Dire rumors and predictions fill the air in a con- fusing din. The only thing for a hopeful public to do is to close its eyes and ears and hope. Usually the originally planned course of legislation works out about 80 per cent as expected. ‘This year things are a little crazier than usual. As an example, the rumor went around that President Roosevelt would not bear down on Democratic Senators to support his veto of the inflationary Patman bill, thereby secretly inviting them to make it a law over his veto. This was somewhat angrily denied at the White House. The fact of the matter seems to have been that some of Mr. Roosevelt’s friends put out a feeler in the Senate along that line, pos- sibly without consulting him. The result was a flurry of confusion in which the touchy question of ve- racity became involved. A better example may be found in what happened in connection with Mr. Roosevelt’s fishing trip with congressional leaders. The White House announced emphatically that the bonus was not discussed, nor was any legislative business mentioned throughout the trip. Judge Brewster said, “it would be necessary to read into it words of limitation which are not there in thus attempting to impose regulation upon those not within the reach of his authority, the Secretary has now no just grounds on which to main- tain his suits against these defend- ants. “Furthermore, by exerting his au- thority to license, the Secretary has undertaken to fix the price which the | defendants shall pay for their supply of milk. Neither the control of production nor the price paid pro- ducers can be deemed to be reason- able conditions necessary to eliminate unfair practices.” Cites Voiding of State Laws. Citing instances in which State statutes regulating prices have been | ruled invalid because they were held | to contravene the due-process clause | of the fourteenth amendment, Judge | Brewster continued: | “It does not follow that because & State may have, In the stress of emergency, police power to regulate a business essentially private in char- | acter, that the National Government, | under the commerce clause, has the same power. One is exercising a granted power and the other a re-| served powef. They are not to be | measured by the same yardstick.” Judge Brewster said: “Another cardinal rule gathered from authorities is that Congress may not, under the pretext of executing its granted powers, undertake the reg- ulation of matters of local concern. If the declared or revealed purpose of the legislation is not to regulate commerce between the States in any true sense, but is rather to regulate activities and transactions, or to at- tain ends which have no reasonable relation to such commerce, the act cannot stand as a valid exercise of the eommerce power.” The jurist said it was difficult to find any legitimate grounds for con- tluding that the price-fixing condi- bions of the license would tend to aintain or conserve the free flow of goods between the States. “On the contrary, it has generally been supposed that regulation of prices paid for commodities moving in inter- state commerce tended to burden such tommerce.” Efficiency Expert Dies. LOS ANGELES, May 18 (#).—Tom Rylands, 77, wealthy retired business efficiency expert, died yesterday after & long illness. Born in London, Eng- land, Rylands came to the United States 50 years ago and established residence in Rochester, N. Y. He was a Winter visitor here for the past 14 years. SERVICE ORDERS ARMY ORDERS. Delaplane, Col. Channing E., In- fantry, ordered home from Fort George G. Meade, Md., about May 17, to await retirement. Hossfleld, Col. Henry, Infantry, from Army War College, here, to Vancouver Barracks, Wash, not later than June 30. Lemon, Lieut. Col. George F., Ord- nance Department, from Hawaiian Department to headquarters, 3d Corps Area, Baltimore, Md., upon completion of present tour of foreign service. Cochran, Capt. McC., 3d, Coast Ar- tillery Corps, ordered to Fort Monroe, Va., not later than June 30. Barker, Capt. Maurice E.,, Chemical Warfare Service, from Edgewood Arse- nal, Md., to Fort Sam Houston, Tex., about August 15. Martin, First Lieut. Emmor G. Coast Artillery Corps, ordered to Fort Monroe, Va., not later than June 30. Jones, Warrant Officer William, from San Francisco to headquarters, 3d Corps Area, Baltimore, Md., about September 14. NAVY ORDERS. Bureau of Navigation. Ponto, Lieut. Comdr. Arthur E., de- tached Naval Air Station, Norfolk, Va, in May; to U. 8. 8. Utah as navigation officer. Lewis, Lieut. Clarke H, detached Naval Air Station, Anacostia, D. C., in June; to U. 8. 8. Raleigh. ‘Warrant Officers. Allen, Chief Pharmacist DeWitt C., detached Naval Hospital, Washington, D. C., in June; to Naval Medical Sup- ply Depot, Mare Island, Calif. Bote, Chief Pharmacist Lester E., detached Naval Medical Supply Depot, Brooklyn, N. Y., in June; to Naval Hospital, Washington, D. C. Setterstrom, Chief Pharmacist Carl A., detached Naval Hospital, Wash- ington, D. C., in June; to Naval Medi- cal Supply Depot, New York, N. Y. Deaths. * Anschuetz, Lieut. August, U. 8. N., ~died- April-28, 1935, - | Yet some of those who went along | returned to the Capitol and informed their Republican pals privately that | Mr. Roosevelt had read portions of a proposed bonus message to them. They even went so far as to say Republicans would have a hard time voting against the President in view of arguments he expected to make. aroused the White House to further emphatic denials. Again the question | was who should be believed, if any one, Truth Serum Needed. The situation of the N. R. A. bill is & case in point. Senators wrangled for months about it, refusing to agree on anything. Their vehemence indi- cated some of them would rather lay down their lives than permit its con- tinuance. Yet a few days ago the Senate passed &n authorization con- tinuing it for 10 months without any discussion whatever and without a record vote. Tricky administration leaders slipped out the word that the House would stand by President Roosevelt and con- tinue it for two years. Thus, the issue would be put up to the Senate again in a peeuliar way, so the Senate would | President for a two-year lease. Then Administration Leader Pat Harrison arose and announced he would not be a party to slipping anything like that over on the Senate. Those behind Harrison insisted he may have had his fin- gers crossed at the time. But the point is the condition of Washing- ton aflairs is developing to a place where truth serum might be of use. One explanation for all this is that ‘Washington has been teeming under- neath with politics to an extent usually reserved for presidential cam- paign years. In fact, the campaign of 1936 has opened a year ahead of time. Pitch Reached Too Soon. Opposition tactics have tended lately to put and keep the New Deal on trial constantly, and the New Dealers are fighting back. The job against the administration is being done not only by the Republicans but by such out- standing hecklers as Long, Coughlin, the American Liberty League, the Chamber of Commerce, etc. Wise politicians in all camps believe the fever pitch is being reached too soon. Privately, they do not believe the opposition momentum can con- tinue to grow for the next 16 months until election. Hidden away in the auto strike settlement are some provisions which virtually wreck the Auto Labor Board. ‘The board chairman, Leo Wolman, has been vacationing out of town during the strike. In his absence the Labor Department fixed up a settlement which may permit Mr. Wolman to take & permanent vacation. Hereafter, grievances of discharged workmen will be settled directly between the employes and the companies. This takes away the main business of the board Furthermore, the agreement says that seniority rules will also be agreed upon directly, without intervention by the board. Laborites May Gain. On top of this, A. F. of L. locals in several auto plants have served notice that if the Wolman board tries to call an election among the men to choose bargaining representatives, they will call their men out again. The agreement does not grant union recognition, but may permit the Laborites to get somewhere if they show reasonableness and responsi- The first thing Frank Walker did in his new relief superintending job was to frame the six relief principles laid down by Mr. Roosevelt in his message to Congress. This frame is kept on Walker’s desk. No estimates have yet been made about the rate of spending the new relief money. The President has ordered the Treasury to receive ad- vance estimates and prepare a peri- odical (probably weekly) check on the flow of funds, but no spending scheme has been worked out yet. One of Postmaster General Far- ley’s friends has been dropped by the N. R. A. from his code authority job. The dropping was called a resignation, but wasn’t. Violations of the code in his section are supposed to have been behind it. The N. R. A. conveniently forgot to notify Farley of its action. Friends of near-Senator ‘West Virginia are preparing Y The publication of these reports | have to give in eventually to the | Holt of | legislators. “to blamed - o THE EVENING STAR, WASHINGTON, D. C. SOCIAL SECURITY REPORT MONDAY Finance Committee Head to Give Senate Program With Approval. (Continued From Pirst Page.) to encourage industry to stabilize employment. Under this system, as in the Wis- consin law, a company may discon- tinue adding to its own reserve as long as the fund remains at the re- quired reserve level due to steady employment. Resumption of contri- butions would be necessary if lay- offs reduced the reserve. On the proposal of Senators George and Clark to permit industries to maintain their own retirement plans, if they met required standards, it is understood the committee members present yesterday were evenly divided, but there were one or two absentees against the amendment. The ques- tion will be presented for settlement in the Senate. Addition to House Bill. Other important additions to the House bill are: Restoring the section allowing in- dividuals to purchase from the Treas- ury voluntary annuities of not to ex- ceed $100 a month, This was in the original bill. Inclusion of a section for Federal ald to the States in caring for needy blind persons. Inclusion in the permanent con- tributory old-age pension plan of a rule that when persons 65 (the pension age) are regularly employed they would not be entitled to the pension payments, the purpose being to en- courage persons to retire. The tax program relating to the contributory old-age pension plan would start in 1937. It would be Based on wages, beginning with 1 per cent from the worker and 1 per cent from the employer. It would increase gradually until the maximum of 3 per cent from the employe and 3 per cent from the employer was reached in 1948 and thereafter. Tax Starts at 1 Per Cent. The ‘tax relating to unemployment insurance would be an excise pay roll tax on employers, starting at 1 per cent in 1936 and going up to 3 per cent in 1938 and thereatter. When & State passes an unemployment in- surance law the employer could de- | duct from the Federal tax 90 per cent of similar taxes required locally. After the maximum rates are reached the entire pay roll tax pro- gram would amount to 9 per cent and is estimated to amount annually to $2,783,200,000 for both the contribu- tory old-age pension and unemploy- ment insurance systems The Hastings motion in committee | to eliminate the contributory old- | age pension section was defeated, 12 to 6, while the motion to strike out the unemployment insurance section | was beaten without a record vote. |FLOODS HIT.TEXAS CITY AFTER TORRENTIAL RAIN| Whistles Warn Gainsville Citi- zens and Firemen Save Sev- eral From Drowning. By the Associated Press. GAINESVILLE, Tex, May 18 — Flood waters poured into sections of the city today as shrieking fire whistles warned residents of the low- lands to evacuate sectors submerged by overflows from Pecan and Elm creeks. ‘Torrential rains, which started at 9 pm. Friday and continued toda: totalled nearly five inches this morn- | ing. Firemen saved several persons from drowning when the swift water washed fleeing residents from their feet as they endeavored to wade to safety. Waves slapped at the floors of bridges connecting the eastern res- idential section and the business area. 14 ARE REP(;RTED SLAIN IN YUGOSLAV DISORDERS By the Associated Press. VIENNA, May 18.—Unofficial and otherwise unconfirmed reports reach- ing here today said that 14 people had been kiMed in street fighting in the Yugoslav provinces of Slovenia and Croatia. The fighting is alleged to have started when young recruits refused to perform military duty in Macedonia. Ten of the dead, according to the reports, were killed in the Croatian City of Osiyek and the others in nearby Brod. At Lyublayana it was reported a crowd of 200, mostly re- cruits, raised the forbidden Slovenian flag in defiance of officers and suc- ceeded in beating off an attack by police and Serbian troops. e LAVAL MAY SEE HITLER Foreign Minister Said to Be Will- ing to Go to Berlin. WARSAW, May 18 (#)—Persons high in Polish political circles pro- fessed today to have been informed that Foreign Minister Pierre Laval of France had told Gen. Hermann ‘Wilhelm Goering, Prussian premier, that he was willing to go to Berlin for a conference with Reichsfuehrer Hitler at an early date. ‘They said, however, that Laval felt that it was impracticable to halt at Berlin while returning to Paris from Poland. the public utilities for the new move to keep him from his seat when his birth anniversary arrives. They assert they have evidence. A constituent has written Senator Hatch of New Mexico, asking him to use his influence with the Supreme Court to reverse its decision in the railway pension case. Hatch would probably go to jail for contempt if he tried it. A Congressman recently received an appeal from a constituent fer a seat near the royal box at the jubilee pageant in England, which also dis- closes noteworthy faith of constituents in the influence of their elected SHADBAKE DRAWS 100070 QUANTICO Speaker Byrns Among No- tables Leaving on 41st Annual Outing. ' Bright skies and a warm sun today favored more than 1,000 local busi- nessmen who deserted their desks for the forty-first annual shad bake of the Washington Board of Trade. The excursionists salled down the Potomac River this morning and will return about 8 o'clock tonight. Washington virtually suspended business today as more than 1,000 business men deserted their desks to enjoy the 41st annual shadbake of the Washington Board of Trade at Quantico. The party will return to the city tonight at about 8 o’clock. Several members of the board, con- fused as to the sailing hour, showed up at the Seventh Street Wharf almost half an hour late, but the City of Washington was gone and they had to make the trip through the country. Advance ticket sales indicated 1,050 members and guests were present, headed by Speaker Joseph W. Byrns and several members of the Cabinet. On the way down the river this forenoon, the assemblage was enter- tained by a series of professional vaudeville acts provided by a com- mittee headed by A. Gray Dawson as chairman. Several numbers were kept in reserve so that tonight on the way back another group will be presented. When the steamer pulled into Quantico, the base’s Marine Band was present to serenade the visitors and a military escort accompanied them to the recreation ground. Col. H. N. Manney, jr.,, who assumed com- mand of the post upon the death of Gen. Harry Lee last week, extended a welcome to Speaker Byrns and John Saul, new president of the Board of Trade, and proclaimed the hospitality of the post to the whole group of ‘Washingtonians. Last night, Robert L. Davis, head of another subcommittee, shipped to Quantico more than 700 additional dishes and between 600 and 700 chairs, so that today there is ample equipment to feed the big Washington throng and to accommodate all those who desire to lounge while the ath- letic program is under way. The first dinner was served promptly at noon. An hour and a quarter later, it was duplicated. At about the same time, the Marine Corps plans to turn its aviators loose to stage a series of acrobatics and a |dog fight between four of the most daring airmen of the corps. Base Ball Game Scheduled. The Marines are to meet the base ball team of Heurich's Brewery after the air circus and at 5 o'clock Col. at retreat. A boxing show was the last event of the day. Meanwhile, members of the board had their opportunity to pitch horse shoes, play roly-poly, marbles, and a mild form of bowling. There was also | equipment for a soft ball base ball |game in which the members could “choose up” for two sides of unlimited | number each. On the way back up the river, an- other vaudeville show will be pre- sented on the boat. Souvenir bags will be opened at the same time, so back with them some memento of the day's outing. Edgar Morris, first vice president, |and Edward P. Colladay, second vice president, shared with John Saul the | honor of greeting the guests and ac- cepting the hospitality of the Marine Corps. The Guest List. | The guest list includes: Cordell Hull, Secretary of State: | Henry Morgenthau, jr., Secretary of | the Treasury; George H. Dern, Sec- | retary of War; Homer S. Cummings, | Attorney General of the United States; | James A. Farley, Postmaster General of the United States; Claude A. Swan- son. Secretary of the Navy; Harold L. Ickes, Secretary of the Interio Henry A. Wallace, Secretary of Agri- culture; Joseph W. Byrns, Speaker of {the House; Marvin Hunter McIntyre and Stephen Early, secretaries to the President. Representatives Vincent L. Palmi- sano, Wright Patman, J. Bayard Clark, Dan R. McGehee, Ambrose J. Kennedy, Jennings Randolph, Theo- dore B. Werner, Gardner R. Withrow, Everett M. Dirksen, George Burnham, Jack Nichols, Mervin Hull, James L. Quinn, Reuben T. Wood, William T. Schulte. Senators William H. King, Caster Glass, Royal S. Copeland, Millard E. Tydings, Thomas P. Gore, J. Hamilton Lewis, John H. Bankhead, Pat McCarran, Robert R. Reynolds, Arthur Capper, Robert D. Carey, Warren R. Austin, James J. Davis, James Couzens, Theodore G. Bilbo. Representatives Clarence Cannon, Thomas L. Blanton, Bernhard M. Jacobsen, J. William Ditter, George ‘W. Johnson. Senators Elmer Thomas, Marcus A. Coolidge, John H. Overton, Gerald P. Nye, Henry W. Keyes, Robert D. Carey, Henry 8. Truman, Roscoe C. Patterson. Commissioners Melvin C. Hazen, George E. Allen and Daniel I. Sultan; Capt. Howard F. Clark, Maj. P. A. Hodgson and Capt. Robert E. York; Senator Henry F. Ashurst, Henry L. Roosevelt, Assistant Secretary of the Navy: Archibald Oden, Special As- sistant to the Secretary of the Navy; Maj. Gen. Ben H. Fuller, commandant, Marine Corps; Admiral William H. Standley, chief of naval operations; Gen. Douglas MacArthur, chief of staff of the Army. Corcoran Thom, jr, president, Junior Board of Commerce; Frederick P. H. Siddons, president, District of Columbia Bankers’ Association; James E. Collifiower, president, Merchants & Manufacturers’ Association; Henry I Harriman, president, United States Chamber of Commerce; David A. Skinner, secretary, United States Chamber of Commerce; Harold E. Doyle, president, Washington Real Estate Board; Charles J. Rush, secre- tary, Washington Real Estate Board; Arthur J. Harnett, president, Hotel Men's Association; Daniel W. Bell, acting director of the budget; Maj. Ernest W. Brown, superintendent of Police; William A. Van Duzer, director of vehicles and traffic of the District of Columbia; Arno B Cammerer, di- rector, National Parks, Buildings and Reservations; C. Marshall Finnan, director, National Capital Park and Planning Commission. Brig. Gen. L. McCarty Little, U. 8. M. C., assistant to the major general commandant, and the following Ma- rine Corps officers: Brig. Gen. C. H. Lyman, Brig. Gen. Thomas Holcomb, Col. H. N. Manney, jr.; Capt. William L. Mann, jr.; Capt. T. M. Ryan, Col. C. F. B. Price, Lieut. Col. M. E. Shearer, Lieut. Col. Ross E. Rowell, Lieut. Col. C. J. Miller, Lieut. Col. A. A. Vandegrift, Lieut. Col. A. H. Howard, Maj. W. G. Emory, Maj. T. P. Cheatham, Maj. M. G. Gregory, Maj. G. H. Morse, jr; Capt Delmer Byfield, Maj. George H. Hamner, Lieut. Col. Oliver Floyd, Maj. Roger W. Peard, Edmond F. Erk and L. A. - ] JManney, with Saul, Byrns and other | dignitaries, was to review the corps | that all members and guests will bring | SATURDAY, MAY 18, 1935. Convicted in Bremer Kidnap Case back to jall to awalt sentence. kidnaping. SON OF LAUGHLIN Former Ambassador and Wife Will Bring Body of 17-Year-0ld Here. Alexander Laughlin, 17, only son of | President Hoover's Ambassador to | Spain, died yesterday in Gibraltar of | pneumonia developed during a cruise to the Mediterranean from England, where the youth was at school. Irwin Laughlin, his father, and Mrs. Therese Laughlin, his mother, who live at Meridian House. Crescent place, hastened to Gibraltar aboard the steamship Rex two weeks ago when they heard of their son’s illness. With them, went their daughter Ger- trude, 20, a debutante of two sea- sons ago. To Be Buried Here. They expect to bring the body back to Washington for burial. Young Laughlin, who hoped to en- ter Yale University in the Fall. had been at Downside School, near Bath, Somersetshire, since 1930. Previously he had attended St. Alban’s School in ‘Washington and been privately tu- tored. He was born October 16, 1918, in | London, where his father was sta- tioned as counsellor of the United States Embassy. parts of the world with Mr. Laughlin, | a career diplomat. who entered the | service in 1903 and retired in 1933 | with his resignation of the Spanish | Ambassadorship in favor of Claude Bowers. Was Lodge's Secretary. Since the birth of his son, Mr. Laughlin has acted as secretary to | Senator Henry Cabot Lodge during the 1921 Washington Arms Confer- ence, minister to Greece and United States representative on the Interna- tional Commission for the Advance- States and Denmark. Mr. Laughlin is also a member of the Board of Regents of Smithsonian Institution and vice president of the | Archeological Society of Washington. 'T. EDWARD BOYCE OF SHOE FIRM DIES | Native of Washington, in Busi- ness Here 40 Years, Had Under- 'gone Operation. T. Edward Boyce, 62, of 1227 Euclid street, senior member of Boyce & Lewis Shoe Store, died suddenly today at the ‘Washington Sanitarium after an op- eration. identi- fied in the shoe 4 business here for 40 years. In 1928 established at 439 Seventh street, in which he took an active interest until his death. Mr. Boyce, ;htz 'was an arden T. Edward Boyee. 0 it often supplied the Interior Department with information concerning the condition of roads throughout the country. He was a member of Lebanon Lodge, No. 7; Eureka Chapter and Orient Com- mandery, Knights Templar; Order of Eastern Star, Bethlehem Chapter, and a member of the Merchants and Manufacturers’ Association. Mr. Boyce is survived by three brothers, George, Will and Arthur Boyce, and three sisters, Mrs. W. B. Hill, Mrs. D. W. Beach and Mrs. C. D. Dosh. Funeral ' arrangements have not been completed. R. F. WILLIAMS BURIED Resident of D. C. Many Years Died in Baltimore. Richard Francis Willlams, Washing- ton resident for a number of years, who died Wednesday in Baltimore, was buried yesterday in Cedar Hill Cemetery. He was a flative of Louis- ville. He is survived by his widow, Mrs. Mary Dix Williams, a patient at Mount Alto Hospital; a son by a for- mer marriage, and a sister-in-law, Mrs. Elbert 8. Maloney ‘of this eity. DIESINGIBRALTAR | He had traveled widely in various ment of Peace between the United | Copyright, A. P. Wirephoto. Surrounded by police and United States marshals, John J. “Boss” McLaughlin, Chicago politician (left), James J. Wilson, former Northwestern University student, are shown handcuffed together as they were taken They were found guilty of. conspiracy charges in the $200,000 Edward G. Bremer Stroke Fatal 'JOSEPH BIXLER DIES; LONG IN U. S. SERVICE | e Stroke Fatal to One of Few In-| jured Survivors of Theater Disaster in "93. Joseph F. Bixler, 75, retired mem- ber of the marshal's office at the Justice Department and one of the few seriously injured survivors of the Ford's Theater disaster in 1893, died yesterday at his home, 821 Massachu- | setts avenue northeast. Death was and RICHBERG'S AIDES ALSO MAY RESIGN {Harriman and Rosenblatt Expected to Leave N. R. A. With Others. By the Associated Press. Several of those who are nelping Donald R. Richberg administer N. R. | A. were said today to be planning to leave the organization with him in the | near future. | Authoritative sources asserted Rich- | berg’s move to leave Government serv- | ice had crystallized plans of W. Averell | Harriman; N. R. A.'s executive cfficer, and Sol Rosenblatt, head of the Com- pliance Section, to resign. Harriman made known his intention to return to private life some time ago, |but said he would stay as long as ‘Presxdent Roosevelt wished. Rosen- blatt also had indicated previously that he planned to quit as soon as he felt he could do so. It was believed possibe that the resignation of these recovery officials might lead to the retirement of some others on the Blue Eagle staff. Richberg, chairman of the Govern- ing Board of N. R. A, told reporters yesterday of his desire to leave Gov- ernment work behind by July 1 After a “real rest,” he said, he wanted to return to his private law | practice. With a wink he observed that he hadn't yet planned to write a book. Apparently, he had in mind the one Hugh 8. Johnson wrote after he quit as N. R. A. chief. | Richberg declared the exact date | of his departure depended on a num- | PRESS GENSORSHIP DANGER STRESSED Chicago Publisher Declares Newspapers Are Bulwark Against Dictator. By the Associated Press. WATERVILLE, Me., May 18 —Only the newspapers stand between demnc- racy and dictatorship, Col. Robert Mc. | Cormick, publisher of the Chicago | Tribune, declared today in an appeal | to preserve freedom of the American | press. | Col. McCormick and Howard D: | former president of the Amer Newspaper Publishers’ Association, a idressed a convocation of Colby Col- lege here to commemorate the death of Elijah Lovejoy, stalwart pre-Civil War editor, who was shot down in de- fense of his right to free press. Warning that Government censor- ship already muzzles radio, Davis, business manager of the Herald Tribune, also emphasized the necessity of waging constant battle against sup- pression. He called domination of - extraordinary example and Fear Wedge in Code. In debates over the newspaper pub- lishers’ code, which Col. McCormick and Davis both viewed as an entering wedge to censorship, Col. McCormick | declared that only one effort at argu- ment was made and one author was cited by the Government against preserving press freedom Opposition to the publishers’ in- | sistence, he said, included threa misstatements and false charges “cal culated to arouse passion and preju- |dice and so coerce the newspapers into surrendering the priceless liberty of which they are guardians.” “In the great contest which has been going on in this country for three years and which is not yet ended.” Col. McCormick said, “to de- cide whether the principles of arbi- trary government re-established in Europe after a century of democratic advance shall be allowed to cross the ocean and crush all that the revolu- tion gained, the Constitution organ- ized, and the bill of rights guaranteed, practically every right of freemen was swept away in the first rush of abso- lutism. | Congress Servile, “Our Congress was as servile as the arliaments of George I of Musso- lini and of Hitler. Our courts, threat- ened with impeachment and the ap- pointment of partisan judges, wavered. “Only the newspaper publishers stood firm." Davis, as leader of publishers’ forces |in the code hearings at Washington, stressed the dangers to the press i the example of radio “I refer to the radio and the fas in which it was silently, but surely brought under the control of the ad- ministration,” he said. “* * * Here is an issue to which I hope all the liberal forces of the country will devote increasing attention. “The present system at Washington is a travesty on the impartial control that should prevail. Licenses are granted for only six months; the ax of execution overhangs the head of every station.” Dr. Franklin W. Johnson, president of Colby College, alma mater of Elijah Lovejoy, told the story of the | martyred editor, who was a native of Maine. —y 110TH MAY PROCESSION SCHEDULED TOMORROW Six Sections to Be Included in Holy Trinity Church Event at 3 P.M. ‘The 110th May procession of the children of Holy Trinity Church, one of the colorful Spring events of old Georgetown, will take place at 3 pm. due to apoplexy, Mr. Bixler having |Dber of things. among them congres- | tomorrow. suffered a stroke while motoring ‘Wednesday evening. A native of Pennsylvania, Mr. Bixler was a teacher in public schools | before coming to the War Department |in 1891. He was transferred to the | Justice Department in 1896 and | served continuously until his retire- ment in 1929. He is survived by his widow, Mrs. | | Mary Shively Bixler; a son, John 8. Bixler of this city; & daughter, Mrs. | Schuyler C. Enck, jr., of Harrisburg, | Pa., and a grandson, John M. Bixler. | He also leaves two brothers and four | sisters: J. Louis Bixler of Washington, D. L. Bixler and Mrs. Anna Kochen- derfer of Ickesburg, Pa.; Mrs. Laura Simonton of Harrisburg, Mrs. Mary | Cowles of Philadelphia, and Mrs. D. W. Lesh of Newport, Pa. | Services will be conducted at the | J. William Lee funeral chapel, Fourth street and Massachusetts avenue northeast, tomprrow at 2:30 pm., by Rev. S. T. Nicholas, D. D, | pastor of the Keller Memorial Lu- theran Church. Burial will be at his former home near Carlisle, Pa. (COL. JOHN 0’SHEA DIES AT HOME HERE Retired Army Officer Served in Spanish-American and World Wars. Col. John O'Shea, U. 8. A, re- tired, died Thursday at his home, 101 | East Underwood street, Chevy Chase. | "Born in County Kerry. Ireland, ony | June 29, 1863, Col. O'Shea came to | America at 18, enlisting in the Army in 1883. Commissioned a second lieutenant of Cavalry in 1891, he served in the Spanish-American War and in the Philippines. | He served during the World War as a colonel of Infantry with the 87th Division. After the war he served at Camp Upton, and later was in charg of National Guard instruction, 7t Corps Area. He had lived in Chevy Chase since his retirement in 1927. He is survived by his widow, Mrs. Lulie Holcomb O'Shea; three daugh- ters and two sons, Miss Louise O'Shea, Miss Margaret O'Shea and Carbery O'Shea of Chevy Chase; Mrs. Edwin F. Barry, wife of Capt. Barry of Can- ton, Ohio, and Lieut. John O'Shea, U. 8. N. Services will be held at the home Monday at 8:30 am. followed by requiem mass at the Shrine of the Blessed Sacrament. Burial will be in Arlington National Cemetery. g BRITISH UPSET RUMORED LONDON, May 18 (#).—Fresh ru- mors of a possible impending recon- struction of the cabinet were heard last night in political circles. Capt. Anthony Eden, lord privy seal, | was rumored to have the inside track for the post of foreign secretary with Sir John Simon possibly going to the home office. i 4 4 sional moves and Supreme Court deci- sions. Meanwhile House Democratic lead- | ers expressed an intention to put di- | rectly up to President Roosevelt the | final decision on what powers should be given to an extended N. R. A. They made clear that they intended no criticism of Richberg in declining to accept as final the seven-point pro- gram which he, the President, and the N. R. A. Board agreed on. JUDGE GIVEN PRAISED BY POLICE COURT JURY | Retiring Members in Letter of Appreciation Emphasize Fair- ness in Cases. ‘The fairness and judicial tempera- ment of Judge Ralph Given, who has been sitting in the jury branch of Police Court this month, was empha- sized in a letter of appreciation which was presented to him by the retiring jury panel yesterday. The procession will consist of six sections, with members of the Holy Name Society of the parish as body- guard and James J. Sullivan as grand marshal A large class of boys and girls who earlier tomorrow will attend their first holy communion will march in the | procession. Another group in line will | be members of the Young Ladies’ So- dality of the church. The May queen is to be Miss Eliza- | beth O’Connor, chosen because of her | excellent standing in the graduating | class of the high school. Other gra. uates will compose the retinue in her court of honor. | The procession will move through | the streets adjacent to the church | passing in review before the students of the Visitation Convent. = TRAFFIC TIPS by the NATIONAL SAFETY COUNCIL The letter expressed the apprecia- tion 6f the panel for the manner in which the cases were handled, the fairness of the court to all persons and for his judicial temperament, which has commanded the respect of all the jurors. The letter further stated the rela- tionship between the court and assist- ant prosecutor has been “particularly pleasing and has much to do with the quick and orderly dispatch of cases.” Judge Gus A. Schuldt, who occu- pied the jury court bench last month, was the recipient on his transfer to another court of a similar letter. FEATURES NATURE’S CHILDREN BY LILLIAN COX ATHEY The life stories and family traits of every flower, plant and weed. Section A, Page 10. The Right of Way. Often the right of way doesn’t reafly belong to the person who thinks he has it. Twenty-one years ago the Kaiser figured he had the right of way on a little week end jaunt to Paris, but later events proved he didn't. The term really doesn't mean so much after all. In court it has rather dignified standing, but out on the highways it isn’'t the right of way as much as the right way that counts. It may be a good prop to lean on before a jury, but do not depend on it in traffic. Our cemeteries are fairly well popu- lated with victims who sailed along under the false colors of the so-called right of way. They may have had it. of course—legally and morally—but the trouble was that another driver came along with the same idea in mind. In such cases the safe way would have been infinitely better than the right of way. When life is endangered there can be no question about the right of way. Possession may be nine points of the law, but the law can't do much for the poor victim in the morgue, even if he had been within his legal rights in trying to cross ahead of the other fellow. The only law that can guarantee safety is the law of caution. 4