Evening Star Newspaper, November 8, 1935, Page 5

BUYERS AT SHOWS LIKE CLOSED CARS Most Models Reflect Trend Toward All-Weather Motoring Type. The overwhelming preponderance of buying orders for closed cars by the purchasing public is demonstrated at Washington’s twin automobile shows, now in progress at the Calvert Exhi- bition Hall, 2701 Calvert street, and the Mayflower Hotel Nearly 100 per cent of the cars on exhibition at the two shows are closed. For many years most of the big auto- mobile manufacturing plants have been on a production basis of 90 per cent or more closed cars or all- weather and all-season automobiles. The days when flopping rain cur- tains were part of car equipment, along with collapsible tops, have vir- tually vanished, and the all-weather type of car now is almost standard in the automobile industry. Attendance records are being broken this week on the crest of a wave of buying by the crowds attending the general show of the Washington Auto- motive Trade Association at the Cal- vert street hall and the separate Gen- eral Motors showing at the Mayflower Hotel. When all the returns are in by closing time tomorrow night show cfficials anticipate more than 100,000 Washingtonians will have viewed the twin shows and the gleaming new cars for 1936. Most of the cars have gone in for glanting, V-type radiators and radi- ator cowlings with liberal use of chromium plate on the front. Stream- lining has been carried to new heights this year, particularly on the rear quarters of the new vehicles, to cut down on rear suction as the cars are driven at modern highway speeds. Another feature of many of the new cars is the use of split wind- shields instead of the single pane of glass. Windshields also slope more sharply from front to rear, giving better vision and marking another advance in streamlining, while run- ning boards are gradually being abandoned. Leaders in the industry predict the day soon will come when the running board will vanish and the motorist will step directly from the car floor to the curb. Australian (Continued From First Page.) fiyer, who began his latest flight Wed- nesday from Lympe, England. Wireless signals seeking the avia- tor’s whereabouts flashed along the coastline of the Bay of Bengal and Malacca Straits. Aviators here be- lieved Sir Charles might have been forced down by fuel shortage. Previously Kingsford-Smith had been timed in at Allahabad. in North- east India, at 5:25 pm. (7:25 am, E. S. T, Thursday) and was reported over Calcutta at 9:06 p.m. (11:06 a.m,, E. S. T., Thursday). Seeking to better the time from England to Australia set by the Mel- bourne air race winners last year, Kingsford-Smith was 167 minutes be- hind at Allahabad. His elapsed time at Allahabad was 29 hours 28 minutes. Down Bengal Bay. His route too khim thence over Karachi across India to Allahabad, southeast to Calcutta and down the Bengal Bay coast for Singapore. Sir Charles and Pethybridge were fiying a Lockheed SPA monoplane, alternating at the controls. It was their second attempt in a month to fiy the route. The first ended at Brindisi, Italy, where they were forced down by bad weather October 24. Before he took off on his second | try Sir Charles declared: “There'll be no turning back this time. We'll plod on.” His most recent major flight had taken place just a year ago when he and Capt. P. G. Tayler winged their way from Brisbane, Australia, to Oakland, Calif., a distance of 7. | 360 miles. On this trip he back- | tracked the route he had flown in | 1928. Hopkins (Continued From First Page.) relief administrator reiterated his pre- | diction that all Federal direct relief would be cut off by December 1. Although the jobs program is still nearly 2,000,000 shy, he insisted the goal of 3,500,000 by the first of the month would be reached. Hopkins announced with evident | gatisfaction yesterday that four more States—Rhode Island, Georgia, Iowa and New Mexico—had been cut off | from receiving direct relief funds from the Federal Government, bring- ing to 13 the number where work relief has replaced the dole. Insisting that the principal relief burden should be borne by State Gov- | ernments, Hopkins said that if relief were left to the smaller political sub- divisions, the “whole load falls on real estate.” “Since 1929," he said, “cities and counties have taken it on the chin. For two years, they had the whole burden. Taxes on real estate should net be the sole source of revenue for | these burdens that are bound to con- | tinue for a long time to come.” Asked what kind of taxes he pre- ferred, Hopkins said, “anything but the sales tax. I just don't happen to 1fke the sales tax because it is a direct tax on the poor people and not on your income.” The discussion was opened when a reporter asked Hopkins about the *presidential boom you have started for the Kansas Republican.” Hopkins replied that administration of relief “requires the co-operation of the cities, counties and States. The one thing I am interested in is to see that the people who have no part of the national income from private industry get what they need, and at the same time to protect the national treasury.” Asked about the Republican National Committee's. charge that Missourl W. P. A. employes had been selected from the Democratic organization, Hopkins said the accusation “came from a partisan and purely political source.” Earlier, Secretary Ickes disclosed that Controller General McCarl, who had held up many W. P. A. projects, still is considering $200,000,000 in pub- lic works allotments. Predicting that these funds would be released “in a few days,” Ickes said the December 15 deadline for starting construction might be amended for those held up because “I don’t think they can properly be blamed {for something Washington is responsible T E ¥y KENING STAR, WASHINGTON, D. C., FRIDAY, NOVEMBER 8, 1935. A—S§ —_— 2 ——.—_—,—__._____]__—_“—_. s e and corporations the act shall | formed to protect rights of bondhold- | collusion between the trustees, Burco, | from the Harvard Law School. He Utility Opinion Summary Federal Judge William C. Coleman Rules Holding Company Act Unconstitutional. By the Associated Press. BALTIMORE, November 8 —Federal Judge Willlam C. Coleman's sum- mary of his opinion holding the hold- ing company act unconstitutional follows: 1. 'The question as to the validity of the public utility act has been directly and properly raised. There has been no collusion between the parties. There is a real and not fabricated conflict of parties and interests. There is nothing prema- ture about the proceedings. On the contrary, there is an actual, pressing need for a prompt ruling upon the*act’s validity, because of the fast-approaching date when the act, with its multifarious, dras- tic requirements, becomes effective, and because until such ruling is had it cannot be' determined whether the pending reorganiza- tion proceedings are a futility, or should be progressed to & con- clusion, as this court has directed. 2. The public utility act is in- valid in its entirety for the follow= ing reasons: A. Congress by its enactment has flagrantly exceeded its lawful power under the commerce clause of the Constitution in that the provisions of the act are, neither by their express language nor by any reasonable implication, capa- ble of being restricted to the regu- lation of public utility holding companies and their subsidiaries or affiliates, when engaged in inter- state commerce or in transactions that directly affect or burden in« terstate commerce. The act aims to regulate virtually everything that such companies do, intrastate as well as interstate. All of the companies before the court are embraced within the act's pro- visions, although none of them does any interstate business, or is engaged in any intrastate busi- ness that directly affects or bur- dens interstate business. Denies “National Public Interest.” The theory upon which the act is predicated is that public utility holding companies and their sub- sidiaries are affected with “na- tional public interest.” But under the Constitution there is no “na- tional public interest” which per- mits of Federal regulation, unless the person, corporation or thing affected with such interest is, in fact, involved directly, not indi- rectly, in some activity over which the Federal Government, through one or more of the powers delegated to it by the Constitution, has juris- diction. If the Constitution be construed to permit what the pub- lic utility act aims to accomplish, then Federal authority would em- brace practically all the activities of the people, and the authority of the States over their domestic concerns would exist only by suf- ferance of the Federal Govern- ment. B. Congress, by its enactment, has exceeded its lawful authority under the postal power granted to Congress by the Constitution, in that the act arbitrarily and un- reasonably denies completely the use of the mails to all persons and corporations embraced within the act with respect to all of their activities, as a penalty for none compliance and a means of com- pelling compliance with the act’s requirements, regardless of whether any particular use of the mails for any particular thing mailed is in fact of such character as rea- sonably to warrant exclusion. That is, the exclusion bears no relation necessarily to the use itself, but to the user of the mails. S. E. C. Clause Held Arbitrary. C. Congress, by its enactment, has flagrantly violated the require- ments of due process of law under the fifth amendment to the Con- stitution in that many of the act’s provisions are grossly arbitrary, unreasonable and capricious, be- cause of the penalties which they impose for non-registration with the Securities and Exchange Com- QUICK JUDGE W. C. COLEMAN. —Copyright A. P. Wirephoto. mission; the restraints upon the issuance and acquisition of securi- ties, etc.; the regulations and pro- hibitions with respect to service, sales and construction contracts; the taking over of virtually the entire management of the aflairs of the companies embraced by the act; and the elimination or simplification of holding company systems D. The invalid provisions of the act, in spite of its separability clause, are so multifarious and so intimately and repeatedly inter- woven throughout the act as to render them incapable of separa- tion from such parts of the act, if any, as otherwise might be valid. The court cannot rewrite the statute and give it an effect alto- gether different from that un- necessarily proinduced by its pro- visions viewed as a whole. Invalid parts of a law may be dropped only if what is retained is properly operative as a law. In the public utility act, invalid provisions are the rule, rather than the exception. If dissection is attempted, scarcely a clause survives, save, perhaps, the preamble. 3. The question whether Con- gress, by the act, has also unlaw- fully delegated to the Securities and Exchange Commission, with establishing adequate and intelli- gent standards to guide and assist it, the legislative power to de- termine when and to what’ persons $1 A WEEK BUYS The two-tub washer and dryer is the safest, easiest and quickest way to wash and dry your clothes. ARTHU CHICKEFRING 1239 G Street DISPOSAL "FLOOR SAMPLE and USED ALL REFRIGERATORS Many Makes Included KELVINATOR LEONARD NORGE CROSLEY ICE-O-MATIC 15 AS LITTLE AS PAY CENTS A DAY apply, has not been considered by the court, because unnecessary in view of the other grounds upon which the court rests its decision. Utilities (Continued Prom First Page.) Baltimore ruling, although they ap- peared a little surprised. There seemed little doubt, however, but that the 8. E. C. had been pre- pared for an acverse decision and ex- pects to fight if the companies refuse to register. MAY REACH SUPREME COURT. Case to Be Appealed by Defendant Counsel. BALTIMORE, November 8 (#)— Tagged by a Federal District Court judge with the label of unconstitu- tionality, the Federal utilities holding company act today appeared headed for the United States Supreme Court and another major test of New Deal legislation. In a decision holding the entire measu " invalid on four main grounds, Judge William C. Coleman flayed the 1935 Congress for “flagrantly exceed- ing its lawful power” by 'ts passage. He instructed the American States Public Service Co., therefore, to trea the act as “invalid and of no effect.” ‘Trustees of the company had con- tended compliance with provisions of the law would make their reorganiza- tion plans impossible of completion. ‘They asked for instructions and sough an opinion as to its constitutionality. Burco, Inc, a Delaware company Sterling Silver Monogrammed Marcasite Brooches or Clips from 5750 » Moy Also Be Had in Plain Styles 53 00 Withouot Any Sailvatore Desio Marcasite 926 F ST. N.W. Only a few dem- onstrators at this attractive Come early. price. ¥75 Only One At This Price Corner 13°NW. ers of the American States Co., was the defendant. Ralph P. Buell, attorney for Burco, Inc., said in New York he had instruct- ed Hayward Hamilton of Baltimore, associate counsel, to prepare an appeal from Judge Coleman’s decision. ‘The case now is headed toward the United States Circuit Court of Ap- peals. A further appeal from the de- cision of that court would send it to the Supreme Court. In a 96-page opinion Judge Cole- man asserted the act “aims to regulate virtually everything that such (utiil- ties) companies do, intrastate as well as interstate.” U. S. Counsel Scored. A portion of the decision was devoted Inc., and Fred Lautenbach, Baltimore dentist and stockholder in the public service company. Attorneys for the Securities and Exchange Commission, intervening as “friends of the court,” charged col- lusion existed in that an attempt was being made to obtain a ruling on the act’s constitutionality. Judge Coleman termed the collusion accusal “not only baseless but un- worthy of any. representative of any branch of our Government * * * Judge Coleman, born October 17, 1884, in Louisville, Ky., was named to the Federal district bench in 1927 by President Coolidge. He came to Baltimore in 3010, & year after he had to criticism of Government charges of | received his bachelor of laws degree Today - Tomorrow 468 higher priced These are the last Bolton Worsteds we'll be able to sell this season at this low price. And judging from past performances, they’ll be gobbled up in jig-time! Men who demand free- and-easy drape, plus plenty of hard wear, know that these double-woven thoroughbreds have what it takes. You can write your own ticket when 7o, it comes to color and pattern —all of the Fall's best sellers are included. But get in early, for the best picking! ¥ R 5 &S . two trousers with every suit received his bachelor of arts degree | from Harvard in 1905. In 1924 he was an unsuccessful candidate for State attorney general on the Republican ticket. He served in the Pleld Artillery during the World War. m Du Bois Gets Office. Frank Du Bois of the N. Auth Provision Co. here was elected to| membership of the Governing Com- | mittee of the National Organization | of Sausage Manufacturers, a division | of the American Meat Packers’ Asso- ciation, at a recent meeting of saus- age manufacturers in Chicago, it was announced today. DOCTOR WINS IN SUIT | Former Patient Fails to Get $25,« 000 in Accident. A District Supreme Court jury re- turned a verdict today in favor of Dr. Walter Teichmann, 1801 I street, in a $25000 damage suit brought against him by Celia Marcus, 811 De- catur street, a former patient. The patient charged that the phy- sician allowed an X-ray machine to fall on her face while she was under- going treatment in his office. Attore neys Charles 8. Baker and Benjamin L. Tepper, representing Dr. Teich- mann, contended the plaintiff jerked her head suddenly, causing the acci- dent, and that her injury was slight. Bond stages a pre-season Special Here's one for the "early-birds" who know a good thing when they see it. We believe it's the first time that Royal Melton Overcoats— tailored in Rochester =have been presented at thig low price. The reason is simple! We own and operate our own tailoring plant in Rochester. We're the only retailer who does! Resulfing economies, we estimate, $10 on every garment. save at least These Royal Melton Overcoats will prove it to you! 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