Evening Star Newspaper, July 30, 1935, Page 2

- A—2 ww THE EVENING STAR, WASHINGTON, D. C. TUESDAY, JULY 30, 1935. COURT INDICATES |[What's Wiat | 17 PACKERS FILE WAV TONEW DL Constructive Interpretation of Constitution Is Pointed Out. BY DAVID L2WRENCE. Far from handing down a destruc- tive decision, the Supreme Court of the United States pointed the way in the famous Schechter case to a con- swructive manner of interpreting the Constitution and the commerce clause. This statement may come as & sur- prise to those who have been listening to the arguments of New Dealers that everything was lost when the N. R. A. case was decided and that only a Constituticnal amendment will bring Tecovery. But in any survey of what can be done to make a New Deal within the Constitution, the words of advice given by a unanimous Supreme Court can- not be overlooked. For they prac- tically indicate the course that might be followed. Review Power Maintained. Thus, having suggested that the Federal Trade Commission be em- | powered to determine codes of fair competition and that authority be delegated to the commission, this correspondent realizes the necessity of justifying the belief that Congress could constitutionally delegate its powers to a commission. ) While the Supreme Court has again and again upheld statutes which dele- gated power, as. for instance, to the Tariff Commission and the Radio Commission, it has been careful to assert that the courts shall retain the | power of review on strictly judicial questions that arise outside of the | commission’s examination of the facts in a given case or out of an attempt to go beyond a given area defined by law Again and again, what the Su- preme Court has said is that Cop- gress must not “pass the buck” by | Teaving it to a Federal commission to decide all questions of law and fact. The Congress must set up the limits wherein the commission must operate and prescribe the standards of judgment so that arbitrary action by a governmental commission will be impossible under the law. Can’t Abdicate Functions. ' “The Congress,” said the Supreme Court in the Schechter case, “is not permitted to abdicate or to transfer to others the essential legislative func- | tions with which it is thus vested. We have repeatedly recognized the necessity of adapting legislation to complex conditions involving & host of details with which the national legislature cannot deal directly.” Then the court went on to say significantly, indeed, that the Con- stitution “has never been regarded as denying to Congress the necessary resources of flexibility and practicality which will enable it to perform its function in laying down policies and establishing standards, while leaving to selected instrumentalities the mak- ing of subordinate rules within pre- scribed limits and the determination of facts to which the policy as de- clared by the legislature is to apply.” ‘This was but another way of saying that Congress must take pains to write Behind News In Capital Industrial Upturn Fools Economists—Autos Lead in Production. BY PAUL MALLON. CONSPIRACY of nature appears to be fooling the economists. They thought this was going to be an unencouraging Sum- mer. Their only hope has been for Fall. But it seems that every time their pessimism is about to be real- ized, something unchartable and un- expected arises to offset their dreary calculations. You can get the best idea about it if you will look behind what has happened lately in steel. Three weeks ago every one was expecting a sharp slump. During the July 4 holiday week, ingot operations were down to one-third of capacity. Nothing. en- couraging was in sight. Then, with- out advance notice, operations began to pick up until the rate got up to 45 per cent, and remained there. (It was only 40 per cent in June.) The only explanation of this phe- nomenon was that fabricators under- estimated their demand. They have been working very close to their mar- gin on stock. Unexpected orders started them to work unseasonally. The orders came from automoblle makers, residential construction, ma- chine tools, all somewhat unexpected. Depression Influence Removed. | The riddle may ot be as hard to solve as economists believe. The fact | is that the depression influence has | been removed from the business mind. In its place has come an alert con- | servatism, a tendency to underesti- mate expectations, to keep stocks of goods to a narrow margin, an eager- ness to go after business actively at first sign of demand, instead of re- | maining frozen in fearful restraint. In other words, a better business feeling is itself sustaining business, for no other particular reason. | The figures on industrial production | for the last four months show that this major index of activity has pre- | cisely followed normal seasonal fluc- | tuations on a plane about 85 per cent of aormal (1923-25). April, June and July were exactly 86 and May 85. You can get the long trend from | the following chart of Government figures. Each figure represents the | percentage of normal at the times | stated. All figures except prices are | based on 1923-25 averages as 100; | prices are based on 1926. Burpling opusatoum | the approximate amount the packers PORK LEVY SUITS Temporary Injunction to Be Asked Against A. A. A. Collection. By the Associated Press. CHICAGO, July 30.— Seventeen meai-packing companies today were aligned with many of the Natlon’s leading flour producers against Fed- eral taxes, collected under the agricultural adjustment act. The packing firms yesterday began suit in United States District Court against the validity of processing taxes on pork. Today they planned to ask temporary injunctions against Gov- ernment collection of the levy until the validity of the act was decided by the courts. Many Flour Suits Filed. Suits against flour processing taxes, primarily based upon the same argu- ments of constitutionality, have been filed in many district courts during recent months. In several cases in- junctions have been granted. ‘The movement of the packers of the world’s largest meat-production center against the taxes included suits by two of the Nation's biggest firms, Swift & Co. and Armour. Altogether, more than 440 injunction suits have been filed in recent weeks. The suits here affected current as- sessments against the 17 firms esti- mated by the plaintiffs at $35,000,000, sought to withhold from collection in the actions. Six Arguments Used. Six arguments are set forth against the validity of the tax of $2.25 a hun- dred pounds of pork. The represen- tations on which the constitutionality of the act is attacked were: Regulation of production of agri- cultural commodities subject to the A. A A is in contravention of State rights; processing taxes were imposed solely for the benefit of a particular class, the producers; the act is a vio- lation of the fifth amendment of the Federal Constitution since the tax takes the property of one class for payment of gratuities to another class; legislative power is delegated to the Secretary of Agriculture without fix- ing clear and adequate standards; the tax is unconstitutional because no judicial review is provided; and the production of agricultural commodities is not interstate commerce. TARIFF IS ATTACKED. Farmers Defend Processing Tax, Threatening “Revoit.” By the Assoclated Press. A struggle between the main divi- sions of national production—agricul- ture and industry—was presaged today by the announcement that farmers will challenge industrial tariffs in re- taliation for manufacturers’ attacks on agricultural processing taxes. H. G. Lucas, Brownwood, Tex., president of the Texas Agricultural Association, said his organization's 250,000 members would ask farmers of other States to join the revolt against the protective levies. Suits | e sew et ] 0., INIVBERS 2 In the Back Yard of Japan Chairman Henry P. Fletcher of the Republican National Commit- tee, who attacked the New Deal in a_radio address last night. —A. P. Photo. AHOUR POSTAL BLLCALLED BACK McKellar Moves to Kill Amendment Disliked by Department. By the Associated Press. Because of an amendment to which he said the Post Office Department objected, Senator McKellar, Democrat, of ‘Tennessee yesterday moved for re- consideration of the postal 40-hour- week bill after it had passed the Senate. The bill has passed the House, but McKellar's action will delay ils transmittal back for action on changes made in the Senate. ‘The amendment to which McKeilar objected was offered by Senator Byrnes, Democrat, of South Carolina, and Supported by Senator La Follette, Progressive, of Wisconsin, to prevent discrimination against railroad mail employves on the new high-speed ‘trains. It would provide an eight-hour day for 254 days a year for such employes, or annual mileage of 44450 miles on lines up to 35¢ miles long and annual mileage up to 50,800 on lines more than 350 miles long. In order to provide a 40-hour week for postal employes the bill would | authorize giving them compensatory time off for work performed on Sat- urdays. The committee reported it would cost a maximum of $22,000,000 a year and would permit employment of about 10,060 of the 18,000 substitute employes, reducing the substitute roil to about 8,000. The committee reported that the Postmaster General “believes that there will be ample revenue during the nexi fiscal year to pay off the BIG: GUNS FOR % Fletcher Sees Constitution as Issue—Hasting Calls for Midwest Candidate. By the Associated Press. Signs of Republican activity look- ing to 1936 multiplied today as one prominent party member declared there can be “no compromise” with the New Deal and another accused it of seeking to “pervert or subvert the Constitution.” Calling on Republicans to nominate an “upstanding conservative” from the Middle West for President, Sen- ator Hastings, Republican, of Dela- ware, declared: “There can be no compromise with the New Deal. The only wey the Re- publican party can save itself as a party is to stick to well-known Amer- ican principles.” Henry P. Fletcher, national chair- man of the party, was the man who raised the constitutional issue. In a radio speech last night he invited citi- zens of all political faiths to “help meet this challenge” and said the presidential race would “transcend mere party lines.” Declares Issue Is Clear. “The constitutional barriers to ‘planned economy’ are to be removed,” said Fletcher. “Why? because they stand in the way of a centralized, socialistic state, governed without re- straint or limit, by & President and & subservient Congress.” Recalling that President Roosevelt described the Constitution a year ago as “resilient,” Fletcher sald: “Now that it is shown that it can- not be stretched to cover the socialistic policles of the New Deal, the issue becomes clear. Efther the Constitu- tion must give way to the New Deal or the New Deal must give way to the Constitution.” Hastings said: “When you begin to compromise with the New Deal you begin to com- promise with radicalism and leave the substantial conservatives no place to 8o. Favers Middle Westerner. “The nominee should be from the Middle West. A candidate from the East hasn't as good a chance as a Middle Westerner. “There is a prejudice against the East. The best thing the East can do is to take a man from the West who is not prejudiced against the East.” Asked what he thought of the chances of Republican victory in next year's presidential election, Hastings said: “If the chances aren’t good, it will ! be too bad for the country.” Hastings did not discuss Herbert, Hoover as a candidate, but the quali- fications he set would eliminate Mr. | Hoover—unless he be accounted a Midwesterner by virtue of his Iowa nativity. Other Speeches Planned. Following close on the recent in- crease in Republican activities, in- cluding the round of conferences it the Palo Alto home of Mr. Hoover, Fletcher's address took an added po- litical significance. He remarked to newspaper men before he spoke that Philippine Islands Land ? Independence Brings Problems to the Islands and Noted Foreign Correspon- dent Analyzes Probable Outcome. (Editors mote—The attitude of the Filipinos toward their ap- proaching independence, the prob- lems that lie in thefr path and Row they are likely to meet these problems are descrived here in a series of nine articles, of which this is the first. The writer is widely known as a traveler and foreign correspondent.) BY JUNIUS B. WOOD. MANILA, P. I. (NANA.) —Before our ship had tied to the pler, nimble Filipino reporters from the Manila aboard, asking perennial question: “What is your opinion of Philippine independ- ence?” “Every person, or people, has the moral right to independence, though few agree what independence is,” I replied. “You can govern your coun- try and maintain its institutions. | That is comparatively easy. But a country of 13,000,000 inhabitants is a small nation compared to those of America, or Europe, or your approach- ing neighbor, Japan. International re- lations may not be as easy for the future and their economic aspects al- ready are a pressing problem which it may be impossible to solve as you wish.” All Agree With Answer. That is not repeated to prove any uncommon political acumen, but, on | the contrary, to show that the conse- quences of Philippine independence are so self-evident that anybody who gives two minutes’ thought to the subject would say the same. Also, the question shows that the Filipinos are not too sure of the answer them- selves. The surprising thing, unprece- dented in national affairs, is that all I saw here agreed on the answer. Later I talked with Gov. Gen. Frank Murphy, who speaks for the administration in Washington; Sen- ste President Manuel L. Quezon, who, for two decades has led the vociferous “younger Pilipinos” under the banner {of independence; Senator Sergio Os- menya, the less voluble but equally known battler for the same cause; | Gen. Emilio Aguinaldo, who was fighting for independence before the United States ever dreamed that the Fhilippines would fall into its hands, and to & hundred others, both Fili- | pinos and foreigners, whose lives are a part of the Philippines. Their phraseology and facts varied, | but all summed up to the same thing. | Many were pessimistic, a few were optimistic, but none expected that independence would work out without trials and hardships to the Philip- pines. The Filipinos must overcome | them. Other nations are more inter- | | ested in the coming changes in the world map which independence will bring. | her tribal tongue. his feet on the ground or over his head in the frog pond. It is quite possible, as things now shape up, that he will find himself on the other side of the pond and in the backyard of his neighbor Japan. Opinion ir United States. Opinion in the United States in these days is inclined to wonder why we ever kept the Philippines lfler‘ Spain ceded them in the Treaty of Paris, December 10, 1898. The Filipinos had been fighting for independence for several years before Spain and the United States got into a war. Jose Rizal, the national hero, had been executed, and Aguinaldo was a voluntary exile in Hongkong, but the inevitable freedom was only | temporarily halted. 1f the United | States had left them alone they would | have had independence, or a sort satisfactory to them, 47 years earlier than the date now fixed. Getting colonies still was the style | the only place where there was much | to get. The United States never went | into it very seriously, just a passing fad like mah jong, walrus mustaches and bicycles, but she had the Philip- pines on her hands as a result. Lesson Taught by Girl. One evening, about 15 years ago, after walking across the mountain | provinces, with their awe-inspiring rice terraces, I was sitting on the porch of the government rest house in Bontoc. I had heard about the education of the Igorotes, though the Sunday market of edible dogs still flourished in Baguio; of the head hunter’s son who had been taken to the United States by an American DISEASE SURVEY FUNDS ALLOTTED Chronic lliness Study Is Granted $3,450,000—Cash to Projects Limited. By the Associated Press. Piesident Roosevelt today allotted $3,450,000 of work-relief funds to the Public Health Service for a survey of chronic diseases. Surgeon Gen. Hugh 8. Cumming estimated the three-fold study would give a year's employment to 3,500 whitelcollar people now on relief rolls. His statement said it would include: 1. A house-to-house canvass in se lected urban and rural communities to determine the prevalence of long- standing illnesses among the rich, the poor and middle-class families. 2. Physical examinations in a small number of instances to check the ac- curacy of the eanvass reports. 3. A survey of medical facilities, par- ticularly for chronic diseases. State Funds Limit Set. Meanwhile a $500,000,000 limit was reported clamped by the administra- |in those years, and the Orient was | \ion on Work-relief funds available for State and local public works. If carried out as disclosed by high officials, the program would represent a $400,000,000 slash in the $900,000,000 originally contemplated for non-Fed- eral P. W. A. projects. The tentative decision coincided with an announcement by Secretary Ickes that $501,114,249 in local applications | had been filed with State P, W. A directors. Of this total, $58.262.672 | had been approved and forwarded to | Washington. | At the same time, Harry L. Hopkins, works progress administrator., an- | nounced adult education classes—de- | signed to provide work for needy | teachers as well as an opportunity for Army captain and returned to be a leading physician in the islands and of the better living standards of other tribes. Reports told only of success. | Inspectors, responsible for making a | mountaineer clean his hut, told of failure. A village girl, wearing only the for the mountains, came up silently and sat in the shadows of the edge | of the veranda. She spoke English as | good as that spoken by any child of her age in an American school, proof of her diligence, for she also spoke | Wants to Go to States. ! “Are you going back to the United States?” she asked. “And can you take me with you?" she continued when I replied that I was. | “What for?” I inquired. “I want to work there.” “Why don't you work here?” | “What can I do?” she wanted to know. “I went to school, learned all I could and graduated at the head of May Land in Japan’s Back Yard. Sometimes smiling, but more often calling names at the United States, the Pilipino has climbed out farther and farther on the end of a limb. It was a good, stout limb, firmly rootea in the front yard of the big Nation on the other side of the Pa- my class. But here there is no work All T can do is to marry a native boy, | 80 out to live in the mountains in a self-improvement to grown-ups—would | be continued under the work-relief {to work among his own people, and | PrOSTam. Twelve hundred teachers are to at- tend Summer schools in preparation for classes to be resumed in the Fall, | and Hopkins estimated that 2,000,000 | adults—not necessarily from relief rolls—would take advantage of the skirt which is a complete .costume 2Cademic and vocational training. 2,000,000 Adults Aided. Hopkins said that at a cost of $21.- 014,220 during the past' two school years, work had been provided 44,000 needy teachers who instructed 2,000,- 000 adults and 60,000 kindergarten-age | children of destitute families. Although relief funds were advanced to a few States for payment of rural teachers, Hopkins said that in general he avoided use of Federal funds for the regular public school system “lest local initiative in supporting schools be broken down, or employed people thrown out of jobs in order to give re- lief teachers their places.” “Under the works program,* he added, “the same policy will be applied 50 that the emergency education pro- | gram will supplement and not sup- | where I can use what I have learned. | Pl2nt school facilities and personnel.” Five types of instruction are of- fered: General education for citizen- | hut and in a couple of years be dirty, : ship, classes in reading and writing old and hopeless. I've seen so many— | English “with understanding,” voca- | always the same. Why was I taught | tional education, rehabilitation of the | to hate the life which I must live?” | Physically handicaped and nursery schools. will be started soon to test the con- | change in the reduction of the work- | the committee recently had enlarged cific, and he was quite safe. Then, | Possibly book learning, fluency in the rules, must set forth the limits, must specify the penalties, must tell the citizens in advance what the law is, so he will not wake up some day and find he is violating a law that has never before even been published. No Bar to Codes. The Supreme Court did not say codes of fair competition could not be written and proclaimed. It did say that merely calling something “fair competition” and writing a series of codes under that term was not a power that could be derived from the fact that “unfair competition” had been described in the past and set forth in statutes upheld as constitu- tional. The court registered an objec- tion, indeed, to a mere recitation of | objectives in a preamble of the law and calling these things a “legislative standard.” A careful reading of the decision ‘will reveal that the court did not close the door against a law that would set forth legislative standards and rules for fair competition and delegate their administration to a competent tri- bunal, like the Federal Trade Com- mission, with the limits of the law clearly expressed, so that the citizen could have no doubt of what was meant. But the court did not approve the idea that Congress could delegate to the President or any of his associates the right to make codes. Congress alone could write them and then authorize the Trade Commission to carry them out. But, it will be argued, this means laborious work and con- siderable time. But, after a depression, a nation cannot be rebuilt in a day, and per- manent relief from evils in an eco- nomic system cannot be eradicated overnight or by methods that do not assure simple justice to all con- cerned. Many Aids Available. _To write a statute of fair competi- tion, Congress can bring to its ald a multitude of briefs and plans sub- mitted by many who have studied this question from a legal and economic viewpoint for 30 years. But Congress cannot expect to be successful in writing a workable statute if it is per- suaded to take a short cut by putting dictatorial powers into the law for a bureaucrat to administer. Nor can there be acceptance by public senti- ment of a law that does not allow for an appeal or review of a com- mission’s decisions or for an orderly procedure such as should be followed :: the evolution of administration w. Also, unless the Chief Executive is willing to appoint judicially minded persons to the Federal Trade Com- mission and other commissions to which Congress delegates power, un- less politics is eschewed and less emphasis placed on social theory and more on a true appraisal of the prac- tical merits of each case, there can be little hope for a constructive solu- tion by simply deélegating powers which are within the right of Con- §ress to delegate. The Federal Trade Commission ex- perience over nearly 20 years, plus the plain hints in the N. R. A. decision, afford a constitutional way out, if the administration wants to take time to build a bettar economic system and give it the firm foundations on which business and Government alike can make plans, confident that what is fair and unfair will be impartially and lawfully adjudicated. (Copyright. 1935.) Caffery to Come to U. 8. HAVANA, July 30 (#).—United States Ambassador Jefferson Caffery 1zoh =7 #ovNU0Y 1 H | 08 & b3 45 4 50 56 a4 80 62 as o July - 86 1Ufl0£€ll] ) Autos Near End of Run. Autos are now getting near the end of their run, but they have been hold- | ing up well. All figures from Detroit show activity and optimism in prepa- ration for the start of new production in August. One notable factor is that this is the biggest year for trucks since 1929, indicating again that busi- ness itself is a buyer. A steel trade publication recently carried & line that Henry Ford has sent out an inquiry for 90,000 to 140,- 000 tons of steel, the largest such in- quiry in several years. (Incidentally, Ford will exceed his promise of a mil- lion cars this year.) There is not much else to brag about in production. Textiles are mixed; tobacco strong; machinery Proof that people have money and are spending it may be found in sales figures. The department store figures 1 | ing almost daily. represent only city buying, but the rural figures are even better. A Sears, Roebuck statement for the four weeks ended July 15 showed business 40 per cent above last year. It was the best business for that period since 1928, Good shopping weather and crop pros- pects were responsible. The 7 per cent drop in pay rolls since May and a 4 per cent de- crease in employment may be blamed partly, but certainly not entirely, on the break-up of the N. R. A. codes. In fact, some Gov- ernment economists doubt whether the codes had anything to do with it. They base their conclusion large- ly on the fact that figures on hourly rates of wages have shown no such decrease. Also the figures on produce tion are mot collected from the same industries as the figures on employment and pay rolls, which ‘may account for some discrepancy. In general, the Government author- ities believe the larger industries have lived up to their promise to maintain code standards. Incidentally, there is no indication that prices have been affected by breakdown of the codes. In fact, a slight increase has been noticed in the | ings. prices of finished products. The better bullding contract figures are due to accelerated residential stitutionality of industry's tariffs, Lucas said. Middlemen Attacked. Farmers are aroused, Lucas as- serted, by “middlemen’s” suits attack- ing the validity of the processing taxes, called the “farmer’s tariffs.” Approximately 450 such suits have been filed and the number is increas- | Although A. A. A.; officials have repeatedly called on farmers to fight for retention of the processing levies at least until indus- try relinquishes its protective tariffs, Lucas said he had not consulted the farm administration about his plans for a counter-offensive. The pro- posed tariff suits would be inspired solely by “aroused farmers,” he said. A meeting of directors of the Texas Agricultural Association will be held Friday at Bryan, Tex, Lucas said, and final plans will be made for the test suit. The tariffs on goods that farmers buy will be contested, he added, on the grounds they are spe- cial levies for the benefit of one class and are not revenue measures. Lucas said he had received indications that assistance will be forthcoming from Louisiana, Mississippi, Jowa, Alabama and Oklahoma, Want Equal Aid. “We have been paying tariff bene- fits a long time,” Lucas said, “and we do not object to the tariffs as such. But we believe we are entitled to as much protection as the manu- facturers. The processing tax on & shirt we wear is 3 cents, and the protective tariff 37 cents. We do not object to paying the processing taxes.” Lucas, with a group of Southern farmers, is in the Capital conferring with A. A. A. officials concerning operation of the Bankhead law. Prominent in the group was C. H. Day, Texas cotton planter, who led the “farmers’ march” on Washing- ton to boost the A. A. A, several months ago. Sculptor and Educator Dies. HENDERSONVILLE, N. C., July 30 (#).—George Etienne Ganiere, 69- year-old sculptor and educator, died of a heart attack here last night. A native of Chicago, Ganiere was formerly a teacher of sculpture in the Chicago Art Institute. More recently he had been engaged as an instructor at Rollins College and Stetson Uni- jmwnkm«hmmum" POLICEMAN J. P. DAY ORDERED DISMISSED Trial Board Recommendation Up- held by Commissioners; Charged With Drunkenness. Policeman James P. Day, formerly of No. 12 precinct, today was ordered dismissed from the Metropolitan Police Department by the District Commis- sioners. Day was recently convicted by the Police Trial Board of appearing in court under the influence of liquor. Day had been a member of the force since September, 1930, and had been before the Trial Board three or four times previously on intoxication charges. The Trial Board recommended the dismissal and was upheld by the Com- missioners. At the same time the Commissioners concurred in the dismissal of Police- man Halla L. Dall, who was charged with being chronically in debt. OKLAHOMA TOWN ASKS BANKRUPTCY Once Rich Oil City Owes $442- 000 on Bond Issue, With No Resources. By the Associated Press. TULSA, Okla, July 30.—Hope- lessly in debt—its income vanished and its population dwindled to 400—Wynona, once one of Oklahoma’s bustling ofl boom towns, filed bank- ruptey proceedings in Federal Court yesterday. The city owes $442,000 on a bond issue sold 15 years ago and has not paid a cent to retire the principal. ‘There is not a dime in the treasury and not a cent in taxes has been paid this year. Wynona's heyday was during the World War, In the center of oil- soaked Osage County, money flowed like the black crude from which it came. The city grew rapidly to a population of 3,500 and bonded itself for a water and sewerage system. ‘Then the ofl flow was exhausted. Senate: Continues consideration of miscel- laneous bills. Finance Committee begins tax hear- building, which is about double what | House it was a year ago. All u‘innly financed residential work chas ex- panded. There is very little P, W. A, in the figures. All sections of the country show this encouraging in- crease. (Copyright. 1935.) $170 More for Calhoun Fund. < vm&hmuhumnmm 4 BANKHEAD MAY RETURN TO AID ‘MUST’ PROGRAM Report Heard Here He May Act Against Doctors’ Adviée and Take Up Duties. By the Associated Press. Armnmhunluc-pimlmu} yesterday thai Representative Banke head of Alabama, House Democratic leader, who has been ill Con- gress convened, may take the floor, against doctors’ advice, its headquarters and engaged a “radio man.” He added that other speeches would follow, their number depending upon finances. Meanwhile, Emil Hurjs, an assistant to Postmaster General Farley as chairman of the Democratic National plain_bunk” published reports that New Deal leaders at a recent meeting {had decided to try to defeat Senator Borah, Republican, of Idaho. “There was no such meeting and no such statement made,” he said. At Salt Lake City, Farley also said he knew of no such meeting, but called the Democratic party “justified in doing everything it can to defeat Borah,” and expressed the belief that C. Ben Ross, Idaho's Democratic Gov- ernor, has a good chance to do it. In his radio address Fletcher as- serted the President was “at the crossroads” following the Supreme Court’s N. R. A. decision, but that the Executive, instead of “reaffirming his devotion to our fundamental law,” showed “clearly his preference for the New Deal, which neither he, nor any one else, had sworn to preserve, pro- tect and defend, and which was never heard of until after his inauguration.” ‘The Republican chairman cited as proof that the “President desires to push the New Deal over or through the Constitution” the “must” legisia- tion before Congress. He listed the Wagner labor bill, T. V. A. and A. A. A. amendments, and the Guffey coal bill as measures “of doubtful con- stitutionality and recognized as such even by the President himself.” Declares People “Shocked.” He declared Mr. Roosevelt’s letter on the Guffey bill, which expressed the hope that “doubts as to constitu- tionality, however reasonable,” would not be permitted to block the legisla- tion, had “shocked the American people.” It was this letter which Representative Snell, Republican House leader, recently said almost gave ground for impeachment. . “that you cannot eat the Constitution, You can't, and you can’t eat the Bible, or the golden rule, or the Ten Commandments, or the deed to your s your life insurance policy, or the laborer’s contract with his employer, whether made individually or by collective bai = “The Republican party believes with Abraham Lincoln that ‘the people of these United States are the rightful masters of both Congress and courts TWO LONG-TIME FRIENDS FIGHT DUEL WHEN DRUNK Refuse to Believe Story They Battled With Guns, but Admit Beer Orgy. T e suddenly, the United States, in a year of general pruning and grafting at home, handed him a saw with the order to get busy. mmmm" whether, when he finishes his sawing at the end of 10 years, or even earlier, if the limb oreaks, he will land with | English, rules of sanitation and other | essentials of our civilization do not| | suffice to make life useful and con- | tented for people who must live under other conditions. (To Be Continued.) (Cooyright, 1935. by the North American Newspaper Alliance.) MRS. LIDDELL WINS ENTRY T0 COUNTRY {Husband Fails to Bar Daughter of Late Lord Revelstoke. By the Associated Press. NEW YORK July 30.—An aitempt | by Capt. Guy M. Liddell to bar entry | of his wife, the daughter of the late Lord Revelstoke. to the United States fell short today when a special board of inquiry at Ellis Island decided she ‘was within her legal rights in coming to the United States. Divorce Suit Pending. A suit ior their divorce is pending in England. and under English law, it was stated, the husband has & right to bar entry of his wife if she leaves England without his permission. ‘The wife, Calypso Baring Liddell, arrived yesterday on the French liner Normandie and, at the request of Capt. Liddell, was taken from the boat | to Ellis Island. With her were her four children—Peter, 8; Elizabeth, 7; Kuno, 5, and Mary, 4. o Lands Under Re-entry Permit. ‘The inquiry board permitted Mrs. Liddell, who has an estate at Rumson, N. J, to land under a re-entry permit for six months, but the entry of the children, who hold no permits, was stipulated as temporary. She is the daughter of the former Marie Lorillard of Tuxedo Park, N. Y, who married the late Lord Revelstoke. TROOPS MOBILIZED TO PROTECT SLAYER Carolina Mob Takes Negro From Sheriff After Ax Killing of Farmer. By the Associated Press. HENDERSON, N. C, July x::'; C, 120th Infantry, m National Guard, was hurried- 1y mobilizing this afternoon, with or- ders to proceed to Franklin County in an effort to prevent the threatened lynching of Sweat Ward, colored. Taken From Sheriff. LOUISBURG, N. C., July 30 (@.— Sweat Ward, colored ax slayer of C. J. B 1 iy I il : E - § t ] i E ;! e i £ g g : 3 i i ] i i 0LD GOUPLE SAVED IN $a.000 BLAZE e {JOHN G. ROBINSON, CIRCUS OWNER, DIES Retired From Show Business in 1916 to Join Playing Card Company. | By the Associated Press. CINCINNATI, July 30—John G. | Robinson, 3d. 62, who until 1916 car- ried on the circus established by his family 100 years ago, died at his home here today. Poolesville Post Office De- stroyed—Business Sec- tion Threatened. By a Staff Correspondent of The Star. POOLESVILLE, Md., July 30.—The lives of two persons were saved in a fire which destroyed a century-old building housing the local post office early today, and threatened for a time to sweep through the adjoining struc- tures of Poolesville’s business section. ‘Three volunteer companies battled the mysterious blaze and managed to after a fight of several hours. Damage was unofficially placed at approxi- mately $5,000. 0M Couple Saved. Mr. and Mrs. Perry White, an aged couple who retired only yesterday from their Dickerson farm and estab- lished a residence in the structure, were asleep at the time but escaped unharmed after being aroused by a neighbor who was awakened by the reflection of the fire. ‘Thelr furniture, clothing and other possessions were destroyed. Scores of people who live in the immediate vicinity of the post office fled to the streets in their night clothes, fearing the blaze might spread to their homes, after they were noti- fled by Mrs. Charles Kohlhoss and Miss Dora Hall. Wakened by Flames. Mrs. Kohlhoss and Miss Hall were awakened by the roar of the fire and the flames’ reflection on their bed room windows shortly before 2 o'clock, and telephoned for help and aroused their neighbors. Meanwhile, Mrs. Fannie Willilams, who lives next door to the Whites, was aroused in a like manner and ran to the old couple’s home and found them asleep. Mr. Kohlhoss and other residents entered the burning building and saved a number of sacks of mail and post office equipment. A burning door fell on Kohlhoss, burning his face. Piremen from Rockville, Gaithers- burg-Washington Grove and Silver “booster” tanks mounted on their en- gines, but the fire had gained too great headway and they concentrated their efforts in saving adjacent homes confine the flames to the building | After disposing of his circus in- | terests in 1916 he was secretary of the United States Playing Card Co. here. His death was due to a throat ailment. Hiss illness interrupted plans of his son to revive the family's circus in- terests, building a new show around three of the four elephants his father retained after leaving the road. Robinson learned circus manage- ment from his grandfather and his father and carried on until 1916. ‘Then, though he disposed of animals and wagons, he kept the four famous Robinson military elephants whose drills had delighted thousands. | NOLAN GETS HEARING ON ALIMONY MONDAY Automobile Dealer to Answer Contempt Rule in District Supreme Court. William J. Nolan, automobile dealer, will give his version of an alimony dispute with his divorced wife, Mrs. Alice M. Nolan, when he answers next Monday a rule to show cause why he should not be adjudged in contempt of the District Supreme Court. An article in The Star last Friday erroneously stated the contempt cita- tion was issued against Nolan after he had failed to pay a monthly ali« mony installment of $450, due July 15. Under the terms of the divorce decree the $450 alimony was payable semi- monthly, and Mrs. Nolan accused him only of failing to pay in full & semi-monthly installment of $235. Her petition, asking that he be cited for contempt, stated he had sent her a check for $123 on account, but despite demand had “failed and re- fused” to pay the balance of $102. Nolan said last night he did not pay the installment in full because he had agreed with Mrs. Nolan to deduct $102 from the first payment to cover ex- penses of an apartment she bad oc- cupied. EARTHQUAKE IN PACIFIC PASADENA, Calif,, July 30 (P).—A strong - it i