Evening Star Newspaper, September 19, 1935, Page 2

A—2 RER ROPER TALK HELD ROOSEVELT REPLY Considered First Answer to Implications of Schech- ter Ruling. BY DAVID LAWRENCE. Coming as it does from a member | of the cabinet of President Raosevelt | eand containing a most carefully phrased argument that bears all the | earmarks of collaboration by the most skillful administration advisers, the speech of Secretary Roper on Con- | stitution day is by far the most im- | portant document that has come out | of the New Deal since the May Z7 decision by a unanimous Supreme Court. L It fs, indeed. the first answer made | In,direct quotations by the adminis- | tration to the implications of the Schechter case decision. It will be recalled that Mr. Roosevelt did not permit the press to quote him directly in his comments to them on the Su- préme Court decision, and chose in- stgad to allow them, by indirect dis- caurse, to reflect his criticism of | the N. R. A. defeat. When a member of the cabinet, | therefore, arises to clarify the ad- mjnistration’s position and to indi- cate just how it looks upon the so- called constitutional issue it is im~‘ portant that the address be analyzed | chyjectively and its implications made | clgar. “Living Mechanism.” Eerretar\' Roper began by assert- ing that the Constitution is “a ]xv-‘ ing mechanism” and not a ‘“dea tool” He insisted that “the ngh[ of amendment is the heart-beat of our constitutional system” and that “it is the one means by which the people | have the right and duty to change.” Nobody can Justly dissent from that view, because the Constitution in itself does not exclude the possibility of change. It, to be sure, provides for change just as Mr. Roper says, "w rermit and assure national progress.” But the cabinet spokesman for the President goes king of an amendment is desired, and hare his exact language becomes imgportant: “The ravages of a long and destruc- }¥e economic and social depression necessitated unprecedented and un- yaralleled action on the part of the | Federal Government. * * * Obviously ihe duty and responsibility imposed upon the Federal Government has provided an opportunity to point out | that such necessitous Federal action transcended the sphere of constitu- tnnal action allowable within con- limits. * One Question Dominant. “The unusual aspects and demands of the emergency brought to the forefront one dominant question which sooner or later must | Le answered by the American people: “If there is not sufficient constitu- +onal authority for the Federal Gov- ernment to deal properly with a dgvastating Nation-wide economic and | spcial emergency, is it the will of the | American people to amend their Can-,| stitution so that the Federal Gov- ernment, in times of acute distress | nationally, may by bold direct action | mvert utter chaos?” Most thoughtful students of Amer- f¢an constitutional progress would rm\icr that question in the affirma- tive, but, at the same time, they would egk if that is the real question at isue today. Is it not rather an at- tsmpt to impose, after the emergency | has occurred, a system which seeks | rot at all to conform to past deci- sons of the Supreme Court, but to change the Consytution through the simple process of usurpation of power? The consolidation of the executive #pd legislative departments of the Gpvernment through the skillful use of patronage and public funds has nothing to do with the power of a government to preserve itself “in times | of acute distress nationally.” It is this usurpation to which defenders r{the Constitution most strenuously olject. Attempt to Achieve Socialism. Most of the legislation about which there is complaint as to unconstitu- tjonality has very little to do with economic distress; in fact, there is proof that economic distress will in- cregse through its deflationary efects. Much of the uncoustitutional legisla- | tion has to do with the attmept to| on to specify whas | situation have | “Mourner” Really ‘Mourns, Learning FeeIs Counterfeu $4.50 Given in Change, However, Was Not Spurious. By the Assoclated Press. NEW YORK, September 19.—Mor- ris Lefkowitz of Brooklyn, a profes- sional mourner, charged today that he had been given a counterfeit bill in payment for prayers to be said in a cemetery. Herman Studin, 42, of Brooklyn, an | unemployed automobile body builder, was brought to police line-up,, ac- cused of possessing counterfeit money. Lefkowitz said Studin approached him in Mount Zion Cemetery, Mas- peth. Queens, and asked him to “go to the grave of my old pal, Cohen, and say a prayer.” “He gave me a $5 bill,” said Lef- kowitz. “I gave him $4.50 in change. “On my way to the grave, I looked at the bill. It was bad. I took it to the cemetery office and called the cops o POLISH BALLOON APPARENT VICTOR | Polonia Reaches Stalingrad Province, Covering 1,054 ‘ Miles From Warsaw. By the Associated Press. MOSCOW. September ‘Puum balloon Polonia appeared today | to have won the twenty-seventh Gor- don Bennett International Balloon Race. It landed in Stalingrad Prov- | ince, near the Caspian Sea, after cov- ering 1,054 miles from Warsaw, where it was cut loose Sunday. All of the 13 entries are reported to have landed, the French Maurice Mal- | down last, in Western Russia. The others descended in various parts of powerful financial controls conceived | pue northeast. the Soviet Union and in Latvia. Nearly 72 Hours in Air, ‘The reported winner was piloted by | Zbigliew Burzynski and navigated by Wiladyslaw Wysocki. They landed on a farm near the town of Tishkino at 5:15 pm. (11:15 a.m. Eastern stand- ard time), yesterday. lacking only 5 minutes of being 72 hours in the air. ‘The balloonists reported they had thrown overboard their food and heavy garments to increase their chances of | remaining aloft. | Aecording to estimates, ing approximate distances have been flown The Polish Polonia, 1,054 miles. ‘The Polish Warsaw, $63 miles. The Polish Kosctuszko, 870 miles. United States Bag Does 520 Miles. | The American U. 8. Navy, piloted by Lieut. Raymond F. Tyler and navi- gated by Lieut. Howard P. Orville, 520 | miles. The Belgian Bruxelles, 497 miles. ‘The Belgian Belgica, 497 miles. The French Lorraine, 448 miles. The Swiss Zurich, 361 miles. | No report has been made on the distance achieved by the German Erich Deku and Alred Hildebrandt, the Maurice Mallet. $22,000 DAILY LEVY IS EVADED BY STILL Illicit BistiMery Is Raided by _U. S. Agents in Lehigh County, Pa. By the Associated Press. An illicit distillery so large, authori- ties said, that it evaded taxes of $22,- 000 daily, was raided at Jacksonville, | Lehigh County, last midnight by Fed- eral Alcohol Tax Unit agents. Edwin C. Dougherty, district alco- hol tax supervisor, said an elaborate signal alarm system installed in the place prevented his men from making 10jst a socialistic system of govern- | ment for all times; something that | does not involve a mere amendment | in order to get power to deal with an economic crisis, but power to nul- lify State rights and the other parts of the Constituticn itself. Indeed, tHese purposes can hardly be attained by one amendment, but by rewriting | the whole charter to conform to the | social gnd economic philosephies of | the New Deal. No better evidence of the permanent nature of the New Deal program could have been given than the statement | made by President Roosevelt himself in an address to a joint session of the House of Representatives and the United States Senate on January 3, 1934, in which he said: “Now that we are definitely in the process of recovery, lines have been | rightly drawn between those to whom this recovery means a return to the ©ld methods—and the number of these people is small—and those for whom reeovery means a reform of many old methods, a permanent readjustment of many of our ways of thinking and, therefore, of many of our social and | egonomic arrangements. * * * -’ Branches Being Linked. %Out of these friendly contacts we | sré, fortunately, building a strong and permanent tie between the legislative gpd executive branches of the Gov- ernment. The letter of the Constitu- wisely declared a separation, but impulse of common purpose de- c‘lares a union.” “The real question which the Amer- ican people are going to ask and which they probably will answer for them- | selves in the neXt two or three years is whether the economic and social depression and its aftermath could haye been handled within the Con- stitution, or whether American intelli- gence and resourcefulness within the Constitution is totally lacking. The Supreme Court of the United States in Civii War days had this to say: “The Conctitution of the United Stdtes is a law for rulers and people equally in war and in peace, and covers with the shield of its protec- tien all classes of men, in all times end under all circumstances. = _Neecessity Theory Held False. +No . doctrine involving mpore per- nitious consequences was ever in- vented by the wit of man than that any “of the Constitution's provisions can be suspended during any of the great exigencies of government. Such &, doctrine leads directl$ to" anarchy any arrests. He said wires had been laid under- ground and that when any one walked over them they broadcast an alarm to the men at the still. Ten thousand gallons of denatured alcohol and 5000 of finished product | were confiscated, he said. articles, recently pointed out several proposals, out of many hundreds that have been submitted, which could ac- | complish within the Constitution thz worthwhile objectives of a New Deal. Until the administration has proved | conclusively that those methods are unworkable or that we are headed for “utter chaos” unless we change the Constitution soon, the tendency of the followers of Jeffersonian Demo- cracy and the constitutionalists in Mr. Roper's own State of South Carolina, for instance, will be to re- h as the orepared an- ministration to the ris- tactics. Senator Ellison Smith, senlor Sena- tor from Sowth Carolina, a Democrat of course, and the chairman of the Senate Committee on Agriculture, de- livered a speech recently which is a conclusive answer to the administra- tion’s position on constitutional change. Igneres Usurpation of Rower. It will be noted that Mr. Roper is cautious about expressing exactly the wording of the forthcoming amend- ment and whether or not it is*to be limited to national “emergencies.” His speech is an attempt to state the con- stitutional issue from the administra- tion's standpoint. It ignores, however, the issue of usurpation of power and the fact that constitutional alterna- tives were rejected by the New Deal. The country may insist on seeing these tried before it will concede that the Constitution, which Washington and Madison and Hamilton wrote, was & charter that now must be discarded in favor of a Federal bureaucracy with all the evils of blocs and groups and lobbies it brings to Washington to in- fiuence Congress. Also the issue fn- volves the power of perpetuation in office which can easily be exercised by a Chief Executive who holds the purse strings of the Nation, who nonunh its credit, regulates its industry, domi- nates its communications and who in effect insists that a country 3,000 miles in length and containing 120,- 000,000 persons can be better governed in the National Capital by the States and cities in touch With local nd despotism—the theory of neces- &ity on which it is based is false.” This correspondent, in a series of mmmmnnd'hcwmplupmfium 19—The | the follow- | The German Deutschland, 348 miles. | Netherlands’ Turin or the French PHILADELPHIA, September 19— ing criticism of its unconstitutional luyvaiang ST ThE o ECCLES 70 DIRECT NEW BANKING ACT Roosevelt Names Him First Chairman of Reorganized Reserve System. By the Assoclated Press. HYDE PARK, N. Y., September 19. —Marriner S. Eccles, exponent of “‘conscious monetary control,” is Presi- dent Roosevelt's choice to direct the new banking reform law. Eccles, head of the Federal Reserve | System, will become the first chair- man of the reorganized system when it goes into effect with increased pow- ers next February. Mr. Roosevelt designated Eccles to succeed himself last night. Six other members of the new board are to be named later. Eccles was chosen chairman for a four-year term, the maximum permitted by the act. His term’ as a member of the board was not fixed, however. ‘The seven original members will be named for terms from 2 to 14 years, with subsequent appoint- ments for 14 years each. The salary will be $15,000 annually. Appointment Has Been Expected. The Eccles appointment confirmed a widely held belief in New Deal | financial circles that he was the ap- pomtee-apparent for the norpnlzed board. He was named head of the present board late last year and shortly after | set out to try to coavince the coun- 1y | control” from a “mational viewpoint.” He held that idea was behind the bill to amend the Pederal Reserve act powers for control of the Nation's credit machinery. Because he was regarded as the | chiet promoter of the bill and leading | exponent of the ideas it embodied, most observers had taken for granted | his appointment as chairman of the | ireornmzed board. Control to Be Powerfal. | Rather diminutive in stature, but an let and the third German bag coming | energetic and tenacious fighter, Eccles ' geath yesterday of t: is expected to lead one of the most under the New Deal. While the Senate, under the spur of Senator Glass, Democrat, of Virginia, altered the bank bill in many details, the act as finally approved provided for far-reaching changes m the re- serve mechanism. It gave the seven-man Reserve Board the dominant voice in deciding open market operations by the regional reserve banks, broadened their dis- count powers, permitted the Reserve | Board to double present reserve re- | quirements against deposits of member banks without declaring an emergency and gave the board sighter control | over rediseount rates of the regional banks. As the so-called “New Deal gov- ernor” of the Reserve Board. Eccles’ economic philosophies, expounded in hearings on the bank bill and else- where, attracted wide notice. Wants to Fatten Cycles. Among other things. he envisaged | the Federal Government taking the ‘pm of a compensating agent in eco- nomic cycles, spending heavily in bad times to create employment and ex- pand credit and taxing in the good years to reduce the debt and prevent | excessive piling up of income on one end of the scale. Coming out of the West, he was favored in some political circles be- cause of disassociation with Wall Street. But he came to Washington with a reputation of having multiplied the millions he inherited and with having been eminently successful in conducting & group of banks.and large | industrial interests in the West His youthful experiences as a Mor- mon missionary in Scotland, where he was sent from his native State, and a lumberjack when he was learning the ropes in industry, added pic- turesque touches to the background of the brisk Westerner. |BRITISH TENNIS STAR IS SUED FOR DIVORCE | Eileen ‘Whittingstall Faces Petition of Husband, Naming Co-respondent. By the Associated Press. LONDON, September 19.—William | Easton & Sons, solicitors representing Edmond Dwen Fearnley Whittingstall, yesterday confirmed reports that their client had filed a petition for divoree {from his tennis-player wife, Eileen | Bennett Whittingstall. | The petition, the. solicitors said. named Marcus Marsh, well-known British horse race trainer, co-respond- | |ent. Marcus, who trained Windsor | KI.Ad winner of the 1934 Derby, is the | son of Richard Marsh, former trainer | of the King's horses. | _The Whittingstalls were married in | | November, 1929. Eileen Bennett Whittingstall has been an outstanding figure in women's tennis since 1927. She has been ranked in the “first 10” or world players five times since 1928. Teaming up with Henri Cochet of | Prance, she won the United States mixed doubles championship in 1927 and the French mixed doubles titles in 1928 and 1929. She won the French women’s doubles crown with Mrs. Phoebe Watson in 1928 and with Betty Nuthall in 1931. That year, her best, she was a finalist in the American sin- gles championship, losing to Helen ‘Wills Moody. | GETS $10,000 VERDICT Bennett Against Former Coach. ST. LOUIS, September 19 (#).—A $10,000 default judgment against Charles F. (Chile) Walsh, former St. Louis University foot ball coach, was returned in Circuit Court yesterday in favor of Mrs. Bertha Sherman. Mrs. Sherman alleged she was twice knocked down and her ankle fractured by Walsh when he engaged in a scuffie with her husband, Leo F. Sher- man. She testified the fight started after an automobile driven by Walsh nearly ran her down at a street cross- ing. ‘Walsh was not represented in court. Argentina Cuts Deficit. BUENOS AIRES, September 19 (). —Pederico de Pinedo, Argentiné min- ister of finance, said today that the country's financial report for 1934 showed & budget deficit of only 200,- 000 pesos (about $54,000). Conver- sions apd other operations, he ported, resulted in a saving of 46, 494,000 pesos (aboub $13,000,000), | try of a need for “conscious monetary | and give the Reserve Board broader | AR, WASHINGTON, D. C, THUR Driver Freed in Death of Boy As Father Tells Tragic Story William H. McKenney, shown today at the inquest father of the dead boy, and his son Billy, 10, v—hlar Staff Phote. | At an inguest marked by the dra- matic testimony of a father grief- stricken over the death of his little son, & coroner's jury teday exon- erated a beer truck driver in the 28. of 1060 Bladensburg road northeast, was the driver of the truck, according to police. Bettis was taken to Providence Hospital Four persons, three of them young -year-old Al- bert McKenney of 57 New York ave- The boy was killed instantly when his body was crushed beneath the wheels of the truck The driver exonerated is Fred E Beverley, 25, of Richmond. Va. The jury declared the little boy’s death accidental after testimony that he had darted out inte the street in the path of the truck. The boy's father, William M. Mc- Kenney, chief engineer at the Home- opathic Hospital, testified he had been notified of his child’s death by some children. boys, were in a serious condition ioday in hopsitals here as a result of injuries received in traffic accidents late yes- terday and last night David Tubbs, 11. of 126 North Caro- lina avenue southeast, suffered rib fraetures, mjuries to the knee, hip and arm and perhaps internal injuries when struck by an automobile while riding a bicycle in the 800 block of Massachusetts avenue northeast. He was treated at Casualty Hospital ad transferred to Garfieid John W Shepard, 22, of Arhngton. Va. al- legedly the driver of the car, was ar- rested and eharged with failing to ex- ‘| McKenney, hibit an operator’s permit and regis- tration card Charles Williams, " 5. colored. 400 block of Ridge street, is in Children’s Hospital with a leg fracture and is under observation for probable in- termal injuries. He was struck by an automobile driven by Ollie Timber- lake. 37, colored, 100 block of Ran- dolph place, while on Fifth street near N street, police said. Thought Story Joke. “I thought they were fooling.” he said. “I could not believe it was so At the moment this thing happened— I don't know whether you have chil- dren—if you do, you know how 1 felt.” “What did you see when you ar- rived?" asked Coroner A. Magruder MacDcnald. | “I saw my baby lying beneath tie truck,” Mr. McKenney replied. He told tne coroner’s jury he had the skid marks made by the tru wheels and the blood of his little boy spattered along the street. Boy Smiled Just Before Hit. Mrs. Minnie Carroll, also of 57 New York avenue northegst, testified she called to the little fellow as he started across the street in an effort to stop him. “He looked around and smiled.” she said, “but then continued on across.” | Mrs. Carroll said she had sent her daughter, Hazel Carroll, 15, across hes treet a few minutes before to tell the little boy's sister that he was in the yard. While Hazel had gone to deliver the message Albert darted into the street. Beverley had just thrown the truek into high gear, it was testified, when the boy ran so close in front of the machine that the driver was unable to stop before striking him. Relatives at Inquest. Albert’s older brother, William H. McKenney, jr.; his mother, Mrs. Anna' The death of the McKenney boy and sister, Mrs. Lilian was the 77th District fatality this Kaldenbach, attended the inquest, but | year, according to official police count. did not testify. | Two other deaths have occurred, but James Bettis, 13, of 119 B street | one of these was on a street car right northeast, possibly received a skull of way in an outlying section and the | fracture today when his bicycle col- | other was of a colored man who was lided with a truck near First and D crushed while asleep beneath a truck streets northeast. Arthur J. Frazier, | on a lot. 'AGUINALDO DOUBTS | DEADLOCKED JURY VICTORY OF QUEZON, MUST START ANEW “I'm Not Through Yet,” Says Rival in Philippine Presi- dential Election. By the Associated Press. MANILA, September 19. — Gen. Bmilio Aguinaldo, candidate in Tues- | Cyclist Hits Policeman’s Car. Warren Moxris. 7, colored, 1600 block of Eleventh sireel. suffered brain concussion and probably in- ternal injuries when struck by an automobile in front of his home. He| was taken to Philip Severance, 24. of Cleveland, who, police said, was the driver, was arrested on a charge of driving street, was seriously hurt last night when his motor cycle collided with an automobile driven by Fifth Precinct Policeman Anthony J. Kaskeski, 1415 D street northeast, while in the 3000 block of Pennsylvania avenue south- east. Smalley was treated at Casualty Hospital for brain concussion. a leg injury and was under observation to see whether he has a skull fracture. Both vehicles were traveling west when the motor cycle ran into the | automobile, it is said. Officer Kas- keski was off duty at tie time. in Trial of Reno Gamblers. By the Associated Press. NEW YORK, September 19.—FPed- eral Judge Robert J. McMillan today refused to discharge the deadlocked Emergency Hospital. | reckless | John C. Smalley, 19, of 615 Whittier Judge Refuses to Dismiss Body Woman Gets Judgment in Case | forthcoming Philippine common- wealth, declared yesterday that reports of the election of Manuel Quezon by an overwhelming majority were “in- credible.” While Quezon was showered by said: “T am not through yet.” Without directly alleging frauds, Aguinaldo pointed oyt that in some towns where he had inspectors md party officials he was not credited with | | a single vote. “I have no doubt that electorial manipulations, shielded by official pro- | tection, did not permit the people to freely express their will,” Aguinaldo charged. peaceful. The’constabulary denied un- confirmed reports of violent deaths in Antique and Pangasinan Provinces. POLICE HUNT LUNATIC Chicago Officers Ordered to “Shoot to Kill” Woman's Assailant. CHICAGO, September 19 (A.—A ‘shoot-to-kill” order was issued by Police Capt. Willard Malone today when police started an intensive hunt for a lunatic who attacked Mrs. Helen James, 21, with a. lead-weighted whip. Mrs. James, badly beaten in her home, was taken to a hospital. She was the third victim within a'menth in the same West Side neighborhood. Her husband Orlando was tied to a chair before the madman began his attack. Cuntmings Lunches With Premier USSELS, September 19 (P).— H S. Cummings, Attorney Gen- eral of the Unifed States, lunched today with Premier Van Zeeland. J. Bruce Kremer, Democratic national ommitteeman for Montana; Mrs. xnm;r and Mrs. Cummings also were in the party, ‘ day's balloting for President of the others with congratulations, Aguinaldo | The election was almost enurelp jury deliberating the mail fraud case of William J. Graham and James C. and ordered the jurors to make a “fresh start.” Shortly before retiring last night the jury sent a note to Judge McMil- lan, saying it could not agree and re- questing a discharge. The court received and opened the | | message this morning and called the | jurors before him. 23!2 hours after | they had received the case. | “I have your note, gentlemen,” Judge McMillan said: “T realize that there is an enormous pile of evidence in this case. “I cautioned you yesterday about the necessity of approaching this case in | good humor among yourselves. Every good juror—and every good judge— should be able to review testimony with an open mind. “I want you to make a fresh start. If there has beem any controversy among you, go out and shake hands with one another and say ‘Boys, we'll try agamn.’” ‘The judge gave the jurors an un- marked transcript of the testimony of Joseph M. Fuetsch, “star” witness of the Government. The jurors had re- quested the transcript yesterday. The jurist then sent the jury out with the final reminder: “You haves a great responsibility, gentlemen.” —_— BERLIN NUNCIO IN ROME Confers at Vatican on German Catholi¢ Situation. VATICAN CITY, September 19 (#). —Cardinal Pacelli, Vatican secretary of state, had a Jengthy conference today with Msgr. Cesare Orsenigo, the Papal Nuncio in Berlin, who reported on the situation of the Roman Catho- les in Germany, Prelates said im- pumaa’mmnu McKay, Reno gamblers and promoters, | | years,” but if it’s good, fresh evidence, SDAY, SEPTEMBER 19, 1935. PULLMANCONCERN URGES BASIC FARE Asks L. C. C. Not to Differen- tiate Between Coach and Puliman Rate. By the Associated Press. The Pullman Co. today urged tne Interstate Commerce Commission no‘ to differentiate in railroad passengcr fares between coach and Pullman travel. ‘The company answered & proposed report by an Interstate Commerce Commission examiner recommending | passenger fares at 2 cents a mile for| coach travel and 3 cents for travelers on Pullman cars. Establishment of a “basic fare for Pullman travel as nearly uniform with coach fares as conditions will permii in order to give the most effective play to the factor of comfortatle sleeping facilities offered in the Pull- man class of rail service and to avoid discrimination as a result of an ex- cessive spread” was recommended by the company. Four Roads Protest. LIBERTY LEAGUE Beaten Philadelphia Mayor Consoled by Victory of Quezon By the Associated Press. PHILADELPHIA, September 19.—Mayor J. Hampten Moore, who frequently clashed with City Controller S. Davis Wilson over fiscal affairs, had this to say when asked regarding Wilson's victory for the nomination to succeed him: “It 8 a pleasure to note that Manyel Quezon has been elected | | president of the new Common- wealth of the Philippines. Quezon served with me in the House of Representatives, where I came to know and like him.” | HITS LABOR AGT Lawyers Say Measure Void. Federation Sees Hand of “Big Business.” Meanwhile a protest by four Bastern railroads against proposed reductions in passenger fares, declaring the cut would cost them $27456,393 annuaily and preclude adequate transportation, | was before the commission. The Baltimore & Ohio Railroad, which has experimental fares in force on some of its lines, did not join in the objections of the other Eastern lines to a report of Examiner Milton | Koch of the commission recommend- | ing that fares on coaches be fixed at 2 cents a mile and on Pullman cars at 3 cents. The roads filing the application esti- mated the annual losses in revenue at $9.193,115 for the New York Central system: $12.324.200 for the Pennsyl- vania Railroad; $1,715,700 for the Long Island Railroad. and $4.223.378 for the New York, New Haven & Hart- ford Railroad. Must Do Whole Job. “Let there be no misunderstanding.” the railroads said. “of the problem with which the commission is deal- | ing under the examiner’s recom- mendations. If it follows him and attempts to usurp the managerial functions of the railroads, it must do the whole job. \ “It cannot start the drain of one of the most important sources of these carriers’ revenues and escane re- sponsibility for the ensuing shortage of income sufficient to supply the transportation needs of the ecountry and to provide the people of the United States with adequate trans- portation.” | Railroad rates today are not uni- | form. Up to three years ago all roads had charged 3.6 cents a mile with a 50 per cent surcharge on Pullman tickets. The Southerm Railway. with commission permission, started ex- perimenting with a 1'.-cent rate for coaches and a 3-cent rate without surcharge for Pullmans. This rate later become general in the South. In the West a 2-cent coach rate is in effect. In the East generally. how- ever, the 3.6 rate still is the regular passenger fare. BROTHERS DIVORCED BY 2 WIVES, SISTERS Spouses Accuse Them of Desert- ing Them to Work in Mexi- can Gold Mines. By the Associated Press LOS ANGELES. September 19.— | Two sisters obtained divorces from two brothers simultaneously vesterday. Testimony brought out that the brothers switched affections before their marriages, each having once courted the other’s wife-to-be. The sisters, Adelina Martinez Cal- deron. 26. and Elena Mata Calderon, 28. accused their respective husbands, Tibureio Calderon, 30, and Jesus Cal- deron, 35. of deserting them to work | in Mexican gold mines. Each couple had three children. Sgnator Pope on Way Home. GBNHA September 19 (#).—Sen- ator James P. Pope, Democrat, of Idaho left fer Paris last night en route to the United States. He will sail Saturday on the S. S. Volendam. Pope has spent several weeks in Europe. Irvin S. Cobb Says: State Prisons Are Fre- quently Only Clear- ing Houses SANTA MONICA, Calif. Septem- ber 18—The popular sport for erim- inals, you-put-'em-in-and-we'l ‘em-out, is looking up. om here a confessed a n d| convieted mLr- deress was under| sentence of death. Forty- eight hours age| California’s gov which every kiné- hearted person applauds. But today, be- fore the execu-| tive order was even signed, one of our newspapers reported her lawyer as saying he's “preparing to obtam | her parole” he contending there’s evidence to prove self-defense. True, he's quoted as being willinz to wait a spell—probably 10 or 12| why wait at all’—it might go rancid on you. And isn't keeping 3 guiltlesc woman locked up indefinitely as mvicn a mockery of justice as turning a guilty one loose permanently? Still, it gives a lady plenty of time to improve her target practice. So often, on the first performance, there's such a lot of messy. locwe . Let's have more and tidier homicides. We used to think a State’s prison was a strong-box. NoW¥ it’s frequently a clearing house. Uncle Sam, though, still regards his Pederal pens as places of perma- nent residence for habitual offenders and cold-blooded killers—the posr old-fashioned boob! We'll fix all that when we do over the Constitution, By the Associated Press The National Lawyers' Committee of thg American Liberty League was on record today with a declaration that the New Deal's labor relations act is “unconstitutional” Quickly, a spokesman for the American Federation of Labor replied that the committee represented the views of “special privilege” and “big business.” Soon after Raoul E. Desvernine, chairman of the committee of 58 prominent lawyers, had made pulic the opinion that the Wagner collee- tive bargaining law violates the Fed- eral charter, Frank E. Morrison, A. F. of L. secretary, said: “This committee simply represents the views held by special privilege and big business, which bave always op- | posed every piece of legislation intro- | duced in Congress and the States to {bring a little more happiness into ! workers' homes. [ nounced a NEW ERAIS SEEN IN STEEL MERGER U. S. Corporation Reshapes Organization—To Spend on Improvements. By the Associated Press PITTSBURGH. September 10— The United States Stee! Corp. an- “new era” in its policies yesterday in a tradition-breaking gathering with Pittsburgh industrial leaders, in which its executives .told |of a vast internal reorganization and of plans to increase its improvement program to $140.000,000. Genera! Counsel Nathan L. Miller, former Governor of New York, re- ferred to the policies after Board Chairman Myron C. Taylor and Presi- dent William A. Irvin had explained physical advantages of the merger of the Illinois and Carnegie Steel Companies. “These changes are being made at the beginning of a new for the steel industry,” said Miller, “which may mean a new era for the country as a whole.” Closer Co-operation Seen, He explained that the merger which 70 per cent of the corporation’s raw steel production and 29 per cer of the country’'s will be under a sir direction from Pittsburgh, is not meant for a “diminution of either,” but for closer co-operation and combined strength. Steel men said it was the first time the $2500.000.000 corporation has taken industry and the public into its confidence in such a manner since its organization in 1901. More than 200 of Pittsburgh’s o standing citizens, including Andrew W. fellon, his nephew, Richard K. Mel- lon; E. T. Weir, president of National Steel; the two Pennsylvania Senators, Joseph F. Guffey and James J. Davis former Senator David A. Reed and leading bankers. university heads and industrialists attended the $5-a-plate luncheon, To Double Improvements. Tayler explained that the Carnegie-Illinois Steel Corp. has more than 60,000 employes whose pay exceeds $110.000.000 annually He said the corporation is now spending about $70.000.000 for plant changes and betterments and will be pon to double that amount in future. confidently look forward when the present economic readjustme shall have been com- pleted and the normal pace of business activity is restored, for we have with- in our borde est consuming market in t " he added. He did not di of the specific improvement In presen Other Acts te Be Studied. “It looks to me as if the Lawuyers Committee has been organized for the purpose of making perhaps a last stand to delay and umpede the legis- | lation enacted to bring about condi- tions which would result in elminat- ing unemployment, benefiting laber and doing away with unfair competi- The lawyers, whose made public last night. plan to an- alyze other New Deal legislation.. The committee’s opinion of the Wagner act, which sets up a permanent Labor to that day views were -Illinois* Board to prevent “unfair labor prac- tices” and defines i law the right of self-organization and collective bar- gaining, was based opn two main grounds. The committee held that the act violated the constitutiona! guarantee that no person shall be deprived of life, liberty or property without due process of law. It argued also that the law went beyond the powers the Constitution gives Congress over in- terstate commerce. Collective Barzaining Hit. The act’s provision that represent- atives selected by a majority of em- ployes shall have the right to bargain collectively for all employes was called | “an illegal interference with the in- dividual freedom of employes.” “Considering the act in the light of our history, the cstablished forms of government and the decisions of our highest court.” the report stated, “we have no hesitancy in concluding that it is unconstitutional and that it constitutes a complete departure from our constitutional and tradi- tional theories of government.” Earl F. Reed, chairman of a sub- committee which drafted the report, is an attorney for the Weirton Steel Co. and the Wheeling Steel Corp. In a statement accompanying the Teport. Reed asserted that “in making our opinion known publicly, we are doing a patriotic duty in answering the inquiries of many persons and perhaps hastening a determination of | this question by the judicial branch of the Government.’ Replies te Charge. Desvernine also issued a statement saying the committee had been chosen without regard to political affiliation | He added: | | “It has been charged that members of thm committee represent ‘big busi- | | ness.” I would not know how to choose \nnv committee of well-known lawyers | competent in the field of constitutional law throughout the United States without choosing some lawyers who | had large business interests for clients, | because if a lawyer’s ability in a com- munity is recognized he generally has | some important business interest to | represent.” | Elaborating on his statement that | the committee had been chosen with- | out regard tq political affiliation, Des- vernine added: “While I have not inquired and do | | president. assured compa “first-c 'ss. Irvin 1 the old es theirs has been lass New Bleod Injected. “Without reflection on any one's abilty within the old organization, we decided to inject new blood into the new set-up by inviting one of the outstanding young men in the industry to join our forces.” asserted Irvin Fairless. a ruddy-faced athletic- looking former Youngstown resident has been vice president of the Re- public Steel Corp. He responded: “We are all going to work to set this company up and make it a credit. not only to the steel -corporation, but to the steel industry as well.” Mellon Praises Corperatien. A. W. Mellon ~nd Samuel H. Church, preqdem of Carnegie Tech. responded 's address, which assured it would col nrue to be that ob.” Pittsburgh “People should realize that the United States Steel Corp. is a domi- nant supporte he economic life of our community. Mellon Taylor and his visited Car- negie’s §15.000.000 plate-strip mill now under construction at nearby Home- stead. after the lun T They left last night for Chicago for a similar gathering with Midwestern business men. P.T.A. AI.TERS FIGHT ON MOVIE PROBLEM Committee Leadership Changed, Minneapolis Woman Re- signing Post. By the Associated Press. CHICAGO, September 19.—A new approach to the motion picture “prob- lem” on the part of the 23,000 lacal units of the National Congress of Parent-Teacher’ Associations was in- dicated yesterday by a change of leadership in its committee relating to the industry The resignation of Mrs. Robins Gilman of Minneapolis, who has been chairman of the motion picture grouy and an advocate of strong opposition to “block bocking.” “bind buying” and other so-called abuses, was accepted i | a former Democratic candidate for the | ‘| gineering Corp., Buffalo automobile | | not know the politics of a great many In her place, the Congress’ board | of the members of this committee, I do of managers elected Dr. Edgar Dale recognize some 15 names as persons of Columbus, Ohio, who has advo- ,publu:ly knewn to be Democrats. Cer- |cated that schools assist in raising tainly no committee could be consid- | the standards of movie entertainment ‘cred a packed Republican committee | principally by high school courses in which numbers amongst its members a | motion picture appreciation and by former Democratic Secretary of State, | arranging community film libraries Invitations for the 1937 convention | presidency, a former Democratic State |of the national congress of the or- @overnor and many others who have | ganization were received from 8t | appeared in the public prints as Dem- | Louis, New York, Dallas, Tex. and | ocratic candidates for public office and Richmond, Va. San Francisco put in some of whom have been contributors a bid for the 1938 meeting. to the last Democratic national cam- paign. Reed New on Committee. * “I might also add that since the printing of the report, former United States Senator James A. Reed (a Democrat) of Missouri has become =2 member of this committee. I know that three of the eight members of the subcommittee who prepared this | report are and have been mm‘xmul Veterans’ Iaeugue. By the Associated Press. for many years.” Along with Reed, signed the report: | SPRINGFIELD, Ill, September 19. Harold Beacon. Chicago; Harold J.|—A call for Republicans to support Gallagher, New York; D. J. Kenefick, |the Roosevell administration was Buffalo, N. Y.; Harrison B. McGraw, sounded yesterday by Senator Bennett Cleveland; Gumney E. Newlin, Los Clark of Missouri at a rally of the Angeles; Hal H. Smitlf, Detroit, and | Illinois Veterans' League, an organi- E. Randolph Williams, Richmond, Va. | zation of war veterans. Smith represented the Houde En-; “It is neither necessary nor desire able to agree with everv act of this administration in order to rcvere the character and intellect of President Roosevelt and to glory in the sum total of his magnificent achiecvements since he took offi he said after denouncing recant Republican Pre:i- dents. “Tihe whole country realizes that the whole force of Government is now being exerted to the uttermost in desia, when the father is informed the interest of the masses of the peo- that a baby is born, he hurries to ple insicad of the interest of special the village square and announces to privil " Senator added. all his neighbors, “wakanando” (“he| Tie lilssouri Senator divided Re- is for the hoe,” meaning a boy) or|publicans into three classes and said {URGES REPUBLICANS TO BACK ROOSEVELT Senator Clark of Missonri Makes Appeal Before Illinois the following parts firm, i its court challenge to the “majority rule” decision of the old National Labor Relations Board. The Government ‘dropped the case after the Supreme Court wiped out N. R. A. codes. Born for Work. Among the Awemba, in North Rho- won't we, boys and girls? 1935. by ihl !lfl"ll American w-mm “wa-mpero” (“she is for the mill,” | that one group is already aligned with meaning & girl). 7 Democratic party., L]