Evening Star Newspaper, September 16, 1935, Page 2

CONFUSION IS SEEN ON' CONSTITUTION Both New Dealers and Op- ponents Declared to Take Wrong Attitude «BY DAVID LAWRENCE. Both New Dealers and their op- ponents are confusing the so-called constitutional issue as it is being de- veloped for the 1936 campaign. New Dealers claim their antagonists are against any change in the Con- stitution when actually the Constitu- tion has been changed 21 times. The other side insists it isn't op- posed to change as such, but doesn’t want to see an amendment adopted which would nullify all the other amendments and change the form of government in America from a sys- tem of 48 State sovereignties to a single Federal bureaucracy. Actually, however, neither one of these positions is real. For while President Roosevelt has hinted at a proposed change in the Constitution, he has not committed himself to any amendment whose wording has as yet seen the light of publicity. Paramount Issue. The paramount issue is not the fact that the Constitution might be changed, but by what method it shall be changed. The Constitution itself provides the method, namely by a passage of a resolution approved by two-thirds of the members of both houses of Con- gress and adopted thereafter by three- fourths of the States of the Union. There’s another method, but it is neither constitutional nor lawful in any sense. The method, in a word, 15 usurpation. To the extent that the President and Congress have participated in a combination of political power to transcend the Constitution, these two agencies of government—executive nd legislative—are accused of violat- the spirit and the letter of the Copstitution. - /Phe decision on whether the execu- tlie’ and legislative or either one of the branches of Government does vio- late the Constitution rests with the Supreme Court of the United States, which, by the words of the Constitu- tion itself, is given the right to de- clare the “supreme law of the land” in all controversies “arising out of the laws of the United States.” Questions for Debate. Is the indictment justified? Have the President and Congress violated the Constitution? These are the questions which the next campaign will probably debate. But these points are in no way related to the right of the people to change the Constitution in the proper way or the desirability of approving a specific amendment that may be proposed in- valving a complete reform, if neces- sary, in the whole social and economic life of the people. The Constitution was made, of course, to serve the people and they can mold it to fit their needs, but wien a minority consisting of a few Jhundred legislators abdicate their fiihctions and delegate to an Execu- *$ive the law-making ‘prerogative and the Supreme Court says this is abdi- cation or delegation “run riot,” then the method used is not in conformity Lwith the Constitution and in order to be valid must be embodied in a con- stitutional amendment ratifying such abdication of function. George Washington in his farewell address made this very point when he said: “If in the opinion of the people the distribution or modification of the constitutional powers be in any par- ticular wrong, let it be corrected by an amendment in the way which the Constitution designates. ~ “But let there be no change by usurpation, for though this in one instance may be the irstrument of good. it is the customary weapon by which free governments are de- Btroyed.” E Principles Declared Sacred. It is true this statement was ut- tered in the “horse-and-buggy” days, “but President Roosevelt himself re- cently said that “principles are sa- cred.” The principle proclaimed by . President Washington was old even «when he was in office. Thus he said: % “The necessity of reciprocal checks “in the exercise of political power, by “dividing and distributing it into dif- *ferent depositories, and constituting ~each the guardian of the public weal “against invasions of the others, has ~been evinced by experiments, ancient and modern; some of them in our sown country and under our own eyes . .. “It is important that the habits of thinking in a free country should ~inspire caution in those intrusted with its administration to confine them- selves within their respective con- ~&titutional spheres, avoiding in the exercise of the powers of one depart- ment to encroach upon another. . “The spirit of encroachment tends “to consolidate the powers of all the departments in'one, and thus to create, whatever the form of govern- ~ment, & real despotism.” There will be, of course, critics who .will say this was all very well in the ~days when there were no automobiles or industrial machines and that con- ,solidation of the executive and legis- lative into a single political instru- . mentality is necessary for modern life. ~But these same critics do not note Zthe emphasis which the President ~himself recently placed upon the im- -portance of “principle.” The 10 2 commandments, for example, are still live principles, even though they were ~given expression for the first time in - horse-and-chariot days. B Opinion of Justice, Federal Judge Merril E. Otis of * Kansas City summed up the question *of usurpation in a recent pronounce- < ment from the bench when discussing fthe law of processing taxes. He “gald: { e chief reason for the presump- ~tion that a statute regularly enacted <and approved is constitutional is the 2 assumption that members of Congress » before they voted for it and the Chief « Executive pefore he gave it his ap- s proval carefully considered whether »it was within the powers conferred _on Congress by the Constitution. “Members of Congress solemnly have sworn that they will support the *Constitution, and the President sol- ~emnly has sworn that he will pre- . serve, protect and defend the Consti- “tution. The courts have rejected as - unthinkable the suggestion sometimes “made that the President and Con- «gressmen might disregard their oaths; Sthat they might seek to shift from stheir shoulders to the shoulders of +the judges the responsibility imposed " thereby. Any such course not only is ~unthinkable, it would be quite inde- . fensible as that of a witness, sworn = to tell the truth, who should commit Sperjury on the theory that the jury , Would perceive it and disregard it.” * Nwmwmlumhmflud THE EVENING STAR, WASHINGTON, D. C, MONDAY, SEPTEMBER 16, 1935. ! Security Act Doubles Efforts Now Made to Prevent Sickness Appropriation of $8,000,000 Yearly Is Authorized for Distribution to States on Three-Part Basis. (This is the sizth and concluding in a series of articles discussing the social security program.) BY JOHN C. HENRY. “A logical step in dealing with the tisks and losses of sickness is to begin by preventing sickness so far as is pos- sible.” This simple truth was stated by the Medical Advisory Board of the Presi- dent’s Committee on Economic Se- curity. It was seized upon by those drafting the social security act, and the result is an extended program of public health work about double the efforts now put forth in that direction. The provisions are made in Title VI of the act. To carry out the program an appro- priation of $8,000,000 is authorized yearly, this sum to be distributed to the States on a three-part basis—first of population, second of special health problems and third of financial needs. In addition, there is authorized a yearly appropriation of $2,000,000 for investigation of disease and sanita- tion problems by the Public Health Service, the agency which is desig- Inated to administer all parts of this title, Objectives Determined. The following general objectives al- ready have officials of the United States Public Health Service and representatives of State organizations: (1) Ald to State and Territorial health departments for strengthen=- ing the service divisions and in pro- viding adequate facilities, especially for the promotion and administrative guidance of full-time city, county and district health service. (2) Aid for the development of city, county and district health depart- ments. (3) Training of public health per- sonnel. In connection with the investigation provisions of the program, officials of the service have drawn up & program for increased work in studying such problems as cancer, child hygiene, dentistry, heart disease, leprosy, ma- laria, mental hygiene, milk standards, nutrition, stream pollution and tuber- culosis. Expansion Here Planned. To meet personnel needs the serv- tablishment of five regional bffices | and a considerable expansion of the staff in Washington. For the research activities of the National Institute of Health, for instance, the service con- templates an expanded personnel of 392, including professional, subpro- fessional and clerical. In support of this extensive program the Committee on Economic Security submits the following comment: “Even minimum public health fa- cilities and services do not now exist in many large areas. Of 3,000 coun- ties, only 528 have full-time health supervision and only 21 per cent of the local health departments were rated in 1933 as having developed a per- sonnel and service providing a satis- factory minimum. “Evidence is accumulating that the health of a large proportion of the population is being affected unfavor- ably by the depression. The rate of disabling sickness in 1933 ameng fam- ilies which had suffered the most se- vere decline in income during the period of 1929 to 1932 was 50 per cent higher than the rate in families whose incomes were not reduced. For the first time in many decades the death rate in our large cities is higher this year than it was last year, despite the absence of any serious epidemics. In the face of these evidences of increased need, local appropriations for public health have been decreased on the average by 20 per cent since 1930. The average per capita expenditures from tax funds for public health in 77 cities in 1934 was 58 cents, as contrasted with 71 cents in 1931.” Rehabilitation Expanded. Provision for expansion of one other social service program that has been in operation for about 15 years is made in the last section of Title V of the act, the purpose of which is to co-operate “with the States and Hawaii in extending and sttengthening their programs of vocational rehabili- tation of the physically disabled.” To make possible this exransion the act authorizes a yearly appro- priation of $1,938,000, of which amount $5,000 is to be allotted each year to Hawaii and the remainder apportioned among the States on a population basis. Administration of this program, as at present, is vested in the office of education of the Department of Interior. In the fiscal year ending June 30, 1934, about $1,000,000 in Federal funds was advanced for this purpose, with this sum being more than matched by State appropriations. New York State, for instance, advanced $152,016 of its own funds to match against $88,411 from the Federal Government. The District of Columbia expended a total of $25,099. All but three States, Kansas, Delaware and Vermont, par- ticipated in the program and each of the remaining 45 already has made appropriations for the present fiscal year, which may be matched against Federal grants. the administration is that, after the Supreme Court of the United States by a unanimous vote of liberals and conservatives, radicals and humani- tarians, friends of labor and supposed opponents of labor—nine justices rep- resenting every phase of social and Congress and the President had vio- lated the Constitution in the passage of the national industrial recovery act, then, and with full knowledge of what the decision contained, the Congress was asked by the President to disre- gard “a]l doubts of constitutionality” and adopt the Guffey law. Answer of New' Dealers. The answer of the New Dealers will be that the courts have not yet de- cided the concrete questions involved in the Guffey law, irrespective of what has been said by the Supreme Court in the past. But meanwhile the Fed- eral Government has taken possession of the coal industry, and the Con- gress has delegated to an executive commission the right to administer the affairs of that industry, from price-fixing to wage and hour regu- lation—all the very things the Su- preme Court had said in the Schechter case were not provided for in the Federal Constitution. This is what makes the usurpation issue so important as Constitution day, celebrated throughout the country this week, ushers in- & national debate on constitutionalism which probably will run through the presidential and con- gressional campaigns of 1936. (Conyright, 4335, been determined by | | ice has made tentative plans for es-| economic sympathy—agreed that the | In its nature, the service consists of studying the abilities of persons injured in industry, teaching them new occupations and placing them in employment. Officials of the office. of education estimate that the total cost of rehabilitating such a person is now about $245, as com- pared with a cost of nearly $400 when the work first started. Upon its enactment, it was the Intention of the social security legis- lation that certain features of the program should be undertaken at once. Those involving grants to States, for instance, for old-age and blind pensions, for maternal and child welfare and for other features of the program would have been placed in operation as soon as State plans received approval of the new board or one of the other agencies desig- nated for administration of the Fed- eral part of the plan. To this end the third deficiency appropriation bill carried appropriations amounting to $76,084,750 for nine months’ opera- tion of the various provisions of the act. Of this total $2,216,500 was marked for administrative expenses, Because of the legislative entangle- ments which resulted in the death of the deficiency bill on the closing night of Congress, however, immediate allocation of funds to States is neces- sarily postponed until after Congress returns in January and has oppor- tunity to pass a new appropriation law. Source of Funds Uncertain, Meanwhile efforts are being made to organize the administrative forces of the board, although the source of funds for salaries and incidental expenses has been uncertain. To pave the way, part of the staff of the President’s Committee on Economic Security, most of whom probably will be transferred into the Social Se- curity Administration, has been moved over to the Labor Department Build- ing to co-operate with members of the board in making plans. Operation of the unemployment compensation and Federal old-age insurance plans are not due to start before 1936 and 1937, respectively, with the full program not expected to be in operation before 1942. In its completed form, in the opinion entire program “will be recognized as & great advance in the utilization of our social and economic Institu- tions to serve more effectively the common good.” COL. PERCY M. KESSLER DIES AT FORT HANCOCK Cerebral Hemorrhage Is Fatal to Commahding Officer of Coast Defense Base. By the Associated Press, FORT HANCOCK, N. J., September 16.—Col. Percy M. Kessler, 63, re- putedly one, of the highest-ranking | colonels’ in the Army, died last night | of a cerebral hemorrhage at the Army coast defense base, where he was commanding officer. A West Point graduate in the class of 1896, Col. Kessler specialized dur- ing most of his Army career in de- fensive artillery. He came to Fort Hancock a year ago from Panama, where he had been in charge of the Department of Artillery. His widow, the former Charlotte Cunningham of San Francisco; two sons, William of San Francisco, and Robert, a West Point cadet, and three daughters, Mrs. Kate Agnew of Blacks- burg, Va.; Mrs. Alice Hays of Fort Hancock and Miss Michaum Kessler, survive, BAND CONCERT. By the United States Navy Band at the east front of the Capitol at 7:30 p.m. Lieut. Charles Benter, leader; Alexander Morris, assistant leader. » Program. March, “Harper Joy Triumphal,” Post Overture, “Phedre” Solo for cornet, “Inflamaty “Stabat Mater” Oscar Short. Ballet, “La Source” Excerpts from “Wonderlan Grand scenes from the opera, b sl SRR R — O Valses— “Mein Thurgin” “Siegfried’s Deat! terdammerung” _ Rhapsody, “Slavonic, Kisseler Friedeman “The National Anthem.” Irvin S. Cobb Says: Baby Adopting May Soon Spread to Hus- bands in Movie Realm. HOLLYWOOD, September 16.— We've got a new fad out here and & very lovely one. From time to time some one among our glamorous cine- ma queens adopt lorphaned infants, often doing so with all the {shrinking reti- cence, all the strenuous efforts to avoid publici- qty, which you'd notice in connec- tion with Bar- heritage for a girl child thus fa- voied, when she in turn grows up and her own first-born prattles at the knees and looks up with trusting baby eyes and says, “Mummie, did the stork bring you to dear grandmamma the same as he brought me to you?” I seem to hear the answering words, “No, darling. You see, precjous, it happened in Hollywood, so I came with three news cameras, two press agents, one 18-piece orchestra and a Nation-wide hook-up.” Joking aside, though, while some of these screen ladies may be persistent yet -frequent wives, in the main they make devoted foster mothers; in fact, are such successes at it that s fellow gets to wondering why, instead of just keeping on marrying husband after muhnd.fluydog‘nnmul ator Long of Board Member A. J. Altmeyer, the | | | FARMERS WARNEI] President Scans Nation From Mountain Top OF HIGH PRICES Brookings Institution Holds Artificial Levels May Re- act to Producers. The Brookings Institution today warned farmers against artificially high price levels whi¢ch might eventually react adversely to the producers them- selves. In another statement involving the Agriculture Adjustment Administra tion, the American Liberty League at- tacked the pctato control amendment as “of doubtful constitutionality, arbi- trary, unreasonable and uneconomic.” ‘The Brookings report was based on its studies of the effect of the A. A.'A. program on dairying and livestock. Dr. John D. Black, professor of eco= nomics at Harvard, found in the dairy=- ing study that “little tangible result has been achieved in either production or marketing control, outside the re- duction in numbers of excess cattle brought about by the cattle purchase program and the buying of diseased animals.” . D. A. Fitzgerald, formerly of Iowa State College, who conducted the live stock study, reached the conclusion that “actual price rises in the industry have been chiefly the result of drought.” He found & “most disturbing impli- cation” in A. A. A. amendments which the report said add interest and taxes to the “parity” price formula and “which still imply that benefit pay- ments are not to be considered in de- termining the relation of farm prices to parity prices.” “Farmers at the present time do not generally feel that parity prices for hogs are desirable,” Fitzgerald said, “but the continued emphasis on such prices and all the publicity of the A. A. A. may in time make farmers feel that they are entitlec under all the conditions to parity prices for their live stock. “Solely from their own point of view, producers should hesitate greatly before supporting a program calling for reductions in supply large enough to cause any very large shift in con- sumers’ demand for pork. “For a short period of time a large | reduction may not have any perma- nent ill effects; but over a longer period it seems probable that the gross value of the hog crop would decline.” The Liberty League, asserting that the “A. A. A. has become enmeshed in a network of its own making,” re- minded that basic agricultural com- modities have been increased from seven to 15, and that “Congress and enforcement officials must go on and on until every product of agriculture is brought under control.” Declaring that the “Soviet govern- ment could not have devised & more complete system of control of the ac- tivities of its subjects than is em- bodied in the potato act,” the league | | said that if, “through the subterfuge | of taxation, the Federal Government may limit or prevent the production of potatoes on a farm, then it may, by the same subterfuge, take complete con- trol of agriculture, mining, etc., in all the States and, in the language of Mr. Justice McReynolds, ‘the Constitution | is gone.’ . Long (Continued From First Page.) answer to direct and cross interroga- tion by State's Attorney General Gas- ton L. Porterie. Fournet, appearing voluntarily at the inquest at the request of District | Attorney Odom, gave a graphic eye- witness account of the actual shooting. Fournet, asked to tell what he saw of the shooting, testified: “Well, I was in the House (of Rep- resentatives) when Huey was in the House. I was trying to talk to him and when he left I started out behind him. As is usual, he walked very fast. As I entered the corridor there were a couple of people there and I asked them where he went. They told me he went into the Governor’s office. Finds Senator. “I walked leisurely toward the office and met Joe Messina (one of Long’s bodyguards). The Senator walked out toward us. About the time he reached the big circle in the middle of the corridor facing in the direction of the House of Representatives (east) he made some sort of statement about getting everybody on hand early the next day. Somebody told him that had been attended to. “About that time there was a little pause and a small man or a slender man in a white suit flashed right amongst us, wedged in, pulled a gun and shot. I immediately put my hand on the man's arm to deflect the gun simultaneously as the man shot. There were quite a bit of confusion. “I shoved him hard«and some one else grabbed him. He fell to the floor. There was continual movement. The doctor did not go all the way to the floor, but fell in a crouching position, trying to fire the gun again. Shooting Continues. “I since learned that Murphy Roden (a bodyguard) grabbed him. I made an effort to grab Weiss again and was almost over him when they shot him. The shooting kept on without any cessation. I started to look for the Senator and went downstairs and found him in the arms of O'Connor (James O'Connor, public service com- missioner) and some other men and he said he was shot. “I asked him where he wanted to go and he said ‘to the sanitarium, of course’ We put him in a car and took him to the hospital.” When the first bullet struck Dr. ‘Weiss, Judge Fournet said, his body quivered and then rolled over easily on the floor. He estimated from 40 to 50 shots were fired. Father Hears Testimony. As the witness testified, Dr. C. A. Weiss, father of the physician who killed Senator Long, looked on in- tently from a doorway. Nearby stood ex-Gov. John M. Parker, bitter politi- cal ¢Dyonent of Senator Long. A few feet away sat Joe Messina, Long’s chief bodyguard, and acrgss the room sat Murphy Roden, the bodyguard who grappled with the slayer. It was a strange mixture of Long supporters and opponents w/o looked on mutely with fierce eyes and eager ears. Dr. W. A. Cook of Baton Rouge, one of the physicians who attended Long in the hospital following the shooting, testified that Long had an abrasion of the mouth at the hospital. “Was it bleeding?” Odom asked. “It was not bleeding until Dr. Henry McKowen pressed it with antiseptic,” he answered. “It appeared to be a fresh abrasion.” Addressing Dr. Cook, Porterie sald: “A person having been shot as Sen- t and making his way - | 7 & k. dollar highway leading up its face. President Roosevelt rode,to the top of White Face Mountain Saturday after dedicating the new million- Here is the President, at the peak, about to look through field glasses at the surrounding views being pointed out by J. Hubert Stevens, vice president of the White Face Mountain Com- mission (directly behind Mr. Roosevelt). Gov. Herbert Lehman is on the ST left and John Roosevelt on the right. —A. P. Photo. | WALMSLEY' TRIP HERE FRUITLESS New Orleans Mayor Denies Visit Was to Discuss Politics. By the Associated Press. Mayor T. Semmes Walmsley was journeying back to New Orleans today after a rather fruitless 24-hour stay in Washington, where he discussed with officials the bill passed by his State Legislature making it a felony the State except in accordance with tution. As he boarded an airplane he re- | marked, however, that he had “no doubt Mr. Roosevelt and the admin- | istration will help those who have been friendly to ‘him in Louisiana.” He expects to return here soon to negotiate a Federal loan. Denies Political Import. The New Orleans mayor reiterated his denial that his trip here had a political import. “I knew Jim Farley was out of town and wouldn't be here before I left New Orleans yesterday,” said the | mayor, who is one of the leading opponents to the regime of the late Huey P. Long. “Of course,” he added with a-smile, “every one I talked to wanted to hear about the situation, but I made no | effort to see any one in the admin- istration about it.” Walmsley would not discuss possible Long forces, but he said much con- sideration is being given to this ques- tion and that announcements probably will be forthcoming soon. “We will have a full ticket in the field,” he declared. Here to Explain Law. ‘The mayor insisted that the sole reason for his trip was the law passed at last week's special session of the Louisiana Legislature making it a | felony for a Federal official to pay funds in the State for any purpose not in accordance with the tenth amend- ment. | “Idon’t know what the law means,” igood constitutionally. But it might | have the effect of halting all Federal payments in the State—A. A. A, W. P. A, relief and every other agency.” down four winding flights of stairs could have suffered an injury of that sort by striking a ledge of marble.” “Any contact with a hard surface could have caused it,” Dr. Cook an- swered. Dr. J. Webb McGehee was called as the next witness. “Doctor, did you have an appoint- ment with Dr. Weiss to administer an anesthetic Monday a week ago?” Odom asked of Dr. McGehee. “Dr. Weiss rang my house about 8:15 p.m. Sunday and wanted to know if I knew that the operation had been changed from Our Lady of the Lake Sanitarium to the Baton Rouge Gen- | eral Hospital. I told him I did.” He stepped from the stand. District Attorney C. Sidney Fred- ericks of the Washington St. Tam- many judicial district was then'ques- tioned by Odom. Q. Where were you in the capitol at the time of the shooting? A. I was leaving the Governor's office and had taken two steps when I heard the first shot. It was fol- lowed by a second shot and then a fusillade. I looked out the door just a moment. I saw & number of men down the corridor in some confusion and I withdrew. Odom attempted to learn from Fredericks whether he saw any one | fine any shot, and Fredericks said it I‘would be difficult, since it happened | so rapidly and he was not sure of identities. Fredericks said that later he recog- nized Murphy Roden and Elliot Colé- man as two of the men who were around Senator Long. Q. After the body was on the floor, did you see anybody fire? A. I will answer it like this: There were shots fired after the body was on the floor. Amid talk of a truce with the New Deal, the political heirs of Long laid plans today for a caucus to salvage all possible from his Louisiana dictator- ship and national following. The caucus plans of Long’s now leaterless lieutenants were indefinite. The conclave may be held during the present week and may include repre- sentatives of the Long machine throughout the 64 parishes of the State, as well as the State officials who were picked by the Senator. Heard in the “peace talk” was & proposed truce in the Government's Federal income tax investigations in Louisiana, which to date have sent one Long associate to prison and brought indictments against eight others. In an interview in Boston yesterday on his way to Europe, Henry Morgen- thau, jr., Secretary of the Treasury, said in regard to the tax cases: “We don't start any tax cases for political purposes and we don't stop them for the same reason.” for Federal officials to pay funds in | the tenth amendment to the Consti- | candidates for posts now held by the | | Walmsley said, “and I don't think it's | Struck Down ROBERT THOMPSON Sustained two broken legs and a probable fractured skull when struck by an automobile. (Story on Page A-1.) DEATH STRIKES Mother and Mother-in-Law of Mrs. Barry Mohun Die Within Few Days. Death of Mrs. Mary Elizabeth Adams Michener, 86, last Friday at the home of her daughter, Mrs. Barry Mohun, 2363 Massachusetts avenue, was fol- lowed yesterday by death of Mrs. | Martha V. Laub Mohun, 90, mother- in-law of Mrs. Barry Mohun, at Chicago. The two women are to be buried here in Washington. Funeral services for Mrs. Michener, a native of Indiana, were held at 11 am, today from the Mohun residence | hefe, and burial was in Oak Hill | Cemetery. | Mrs. Michener was the widow pof Louis Theodore Michener, local at- torney and former attorney general of Indiana, who died eight years ago. Mrs. Michener was active in social circles of the District and a member of the Washington Club. Surviving are two daughters, Mrs. Mohun and Mrs. Griffin Halstead of Cincinnati; several grandchildren and great- grandchildren. Funeral services for Mrs, Mohun, who died at the home of her son John in Chicago yesterday, will be held here at 11 am. tomorrow from St. Matthew's Church. Private burial will be in Oak Hill Cemetery. Mrs. Mohun, who lived here until | three years ago, was the widow of | Prancis Barry Mohun and the daugh- | ter of Mr. and Mrs. John Wise Laub. Surviving her, besides her son John, Hillsboro, Ohio, and several grand- children and great-grandchildren. HIGH SCHOOLS SHOW INCREASE IN FAIRFAX County Enrollment Figures High- er at Two, Despite Drop at Lee-Jackson. Special Dispatch to The Star. FAIRFAX, Va., September 16— Two Fairfax County high schools—at Fairfax and Herndon—report sub- stantial increases in their enrollment this year over the past session, Divi- sion Supt. W. T. Woodson announced this morning. At the close of the third day of school Fairfax High School had an enrollment of 440, a jump of 111 from last year’s total of 320. Herndon High School reported 225 pupils, with 216 enrolled last session. The only other high school reporting, Lee-Jackson at Seminary, showed & drop from the past session, 275 puplls this year and 330 last year. Two other high schools, Falls Church and McLean, have not yet reported. ————ees JUDGE CAMALIER 86 Retired Southern Maryland Jurist Observes Birthday. Bpecial Dispatch to The Star. LEONARDTOWN, Md., September 16.—Judge B. H. Camalier, retired, of the seventh judicial circuit of South- ern Maryland today observed his 86th birthday anniversary quietly at his home on Washington street. He lives opposite the St. Marys County court house, where he served as judge for a number of years and where as a boy he was sworn in as clerk in the place of his father, who, being a Southern sympathizer, was so closely watched by the Northerners during the Civil War that he was unable to sttend to his duties, - ¢ TWICE IN'FAMILY are a daughter, Mrs, Sigel Roush of | PRICE LISTSHOWN . INPACKERS'FIGHT | Distribution Map Also Re-| vealed at Hearing on Mo- nopoly Charge. | By the Associated Press. | An unsigned letter which contained |a minimum price list and a distribu- | tion map was presented today in the | final hearing of Government charges | |that 12 packers combimed to control | | meat prices in the South from 1927- | 1933. | C. E. Miles, Agriculture Department attorney, told Secretary Wallace, pre- RAINEY 70 HEAD STUDY OF YOUTH President of Bucknell Cho- sen Director of Newly Cre- ated Commission, By the Assoclated Press, Dr. Homer P. Rainey, president of Bucknell University, today was chosen director of the commission created by the American Council on Education to conduct a five-year study of the youth problem and recommend Ymprove- ments in the ecucational system. He said he weuld resign as head of Bucknell. Organization Meeting. His selection was made at the com- mission’s organization meeting. Those present included Newton D. Baker, Secretary of War in the Wilson cab- inet; Dorothy Canfield Fisher, author; Henry I. Harriman, former president of the Chamber of Commerce of the United States, and Matthew Woll, a vice president of the American Fed- eration of Labor. Dr. Rainey, who turned down a proffered chance at big league base ball to enter the educational field, is 39 years old. Although the commission, financed with a private grant of $800,000, will have no official connection with the Nationat Youth Administration, head- ed by Aubrey Williams, Dr. Rainey | said the two organizations would “co- operate.” Letter From Roosevelt. The council made public a letter from President Roosevelt to Dr. George Zook, president of the council. It said: “I am pleased to learn of the com- mission of the American Council on Education, which is to conduct a five- year study of the problems of Amer- ican youth. “Please extend my best wishes to- gether with my confident expectation that your commission and the Na- tional Youth Administration may be mutually helpful and effective in their efforts for American youth.” FOREIGN SERVICE CHANGES PLANNED Promotions and Appointments on Large Scale—Tests Are siding at the hearing, that Ed Wynant said to have been representing Armour | |& Co., admitted writing this letter |in 1932 to Ed Hill, former manager | of a wohlesale house at Cleveland, Miss. | However, Miles said, Wynant testi- | fled that the letter was written at Hill's request to help him justify | prices with his salesmen. General Denial Planned. The packers, represented by Frank | J. Glankler of Memphis, and a dozen | other attorneys, said they planned a | general denial of any effort to create | | & monopoly or to fix minimum prices. | The charges were filed by Wallace early in 1934. If the secretary finds | the packers guilty he may issue a “cease and desist” order. Miles told of a series of meetings at Memphis at which, he said, “We contend that the packers agree upon | | minimum prices, drafted confidential lists, and that later they sold meat | upon those lists.” | He added the packers agreed that | meetings were held and prices were discussed, but that no minimum price lists were drafted and that the pack- ers did not sell upon any such list. Objection to Wallace. | Edwin C. Andrews, president of the Jacob Dold Packing Co., one of the | concerns involved, objected that Wal- lace “is both plaintiff and judge in the case.” He referred to the fact that Wallace | is presiding at the hearings after is- suing the formal complaint. Andrews said in Buffalo, N. Y., last night that his concern had not yet been notified to appear today, although officials said the hearings were to be held. Officials said that if Wallace ad- judged the companies guilty of monopoly, he could issue an order directing them to desist. The fight then could be carried to the courts. Accusations Made. The accusation in the complaint was that the packers exchanged price information in a move to enable them to give “unreasonable preferences and advantages to certaln purchasers; to give preferences to certain localities; to discriminate unjustly between cer- | tain persons; to force competitors out | of business, and to manipulate prices and apportion sales in commerce.” Agriculture Department officials said the law empowers the Secretary to prefer charges when he has reason | to believe any packer guilty of viola- tion. | The defendants are: Armour & Co., Chicago; Packing Co., Tennessee; Cudahy | Packing Co., Jacob Dold Packing Co., John Morrell & Co., Memphis Pack- ing Co, Swift & Co., Wilson & Co., Morris & Co. and the St. Louis In- dependent Packing Co. DETAILS DISCLOSED IN JAPANESE PLOT| Report of Preliminary Hearing Bares Plan to Bomb Cabi- net From Air. By the Associated Press. TOKIO, September 16.—The fan- tastic details of the most extensive reactionary anti-government plot dur- ing the 1932-1933 period, when po- | litical terrorism was rampant in Ja- pan, were revealed today with the publication of the findings in the pre- liminary hearings involving the Shim- | peitai—“soldiers of the cross.” | The “soldiers” plotted to overthrow violently the government, beginning with an aerial bombing of the cabinet ministers at the premier’s residence, where they assembled July 11, 1933. ‘Widespread assassinations were to fol- low, in the hope that a Fascist-mili- taristic regime would be established under the Emperor. Of 63 persons arrested July 10, 1933, on the eve of the projected uprising, 54 have been committed for trial be- fore the Supreme Court, the publica- tion disclosed, five have been com- mitted to the Tokio Criminal Court, while four died in prison. — 8 Sailors Die From Injuries. TOKIO, September 16 (#).—Three of the 41 sailors injured Saturday in & gun turret fire aboard the Japanese cruiser Ashigara died today. The Before the final arguments opened, | Resumed. By the Associated The State Department announced today President Roosevelt had ap- proved a series of promotions, appoint- ments and examinations in the foreign service designed to reward capable of- ficers and bring new blood into Amer- ican diplomacy. Secretary Hull's announcement Nst- ed three moves to increase the effi- ciency and morale of the service and assure continuation of a capable fleld staff: One—promotion of 280 counselors and secretaries of embassies and lega- tions and consul general, consul and vice consul all over the world, effective October 1. The promotions mean sal- ary increases ranging from §100 to $600 per year. 2. Appointment of approximately 14 men who already have passed ex- amination for entry into the foreign service to posts as vice consuls. The new men will be the first assigned since 1931. 3. Announcement that written ex- aminations for entry into the for- eign service—the first scheduled in three years—will be held beginning May 4, 1936. Secretary Hull expressed personal satisfaction in making the announce- | ment as marking “the return of the | foreign service to normal conditions after a long and trying period .during which officers have cheerfully faced | reduced salaries and increasingly | heavy responsibilities.” Today's promotions are the first | among senior officers since July, 1931 Promotions in the lower classifica- | tions were made last year. Examinattons will be held at Wash- ington, Atlanta, Boston, Chicago, Cin- | cinnati, Denver, New Orleans, New York, Philadelphia, St. Louis, St. Paul, | San Francisco and Seattle. \CLEAN PHILIPPINE VOTE IS PROMISED Murphy Holds Full Power of Gov- ernment Over Bitter Partisans. By the Associated Press MANILA, P. I, September 16 —Gov Gen. Frank Murphy held the “full strength” of the Government as a threat over bitter partisans today, to assure that the Philippines’ first presi- Abraham Brothers | dential election tomorrow will be a “clean” one. Murphy wrote two of the candidates, Emilio Aguinaldo and Bishop Gregorio Aglipay, that he would do his utmost to prevent irregularities. His assurance came after the two accused the coalition behind Manuel Quezon, the third candidate, of plan- ning frauds at the polls. Each of the three predicted victory for himself with apparent confidence. Partisans of Quezon, president of the Insular Legislature, said they ex- pected 75 per cent of the expected 1,500,000 votes to be cast for him. Quezon and his running mate are supported by a coalition of the Na- cionalista-Democrata party and the Pro-Independent party. Aglipay represents the extremist | Republicans. He is head of the Philip- pine Independent Catholic Church. \Aguinaldo, the National Socialist can- didate, once led an insurrection against the United States. Both have urged a shorter route to independence than the one provided under the Tydings- McDuffie act of Congress, which Quezon is supporting. Only literate men will vote. Women and illiterates have been disfranchised by the present government. Besides the President, who will be elected for a six-year term, the voters will choose a Vice President and 98 assemblymen. Four Marriages Licensed. FAIRFAX, Va., September 16 (Spe- cial).—Marriage licenses have been issued in the office of the local clerk of the court to the following: Lewis Godfrey Votta, 27, and Almeta Eliz- beth Fullbauer, 25, both of Baltimore, Md.; Norman Sims, 21, and Blanche Elizabeth Herns, 18, both Herndon. Va.; Albert Wesley Beahm, 21, R. F. D., Alexandria, Va. and Gladys Lee Doores, 21, Alexandria (Fairfax County), Va., and Martin John Smi- huls, 22, Fort Belvoir, Va., and Mar- navy office appointed a commission to investigate the accident. ¥ . garet Catherine Tyler, 16, Fort Bel- voir (Fairfax County), Va. ‘ .