Evening Star Newspaper, October 16, 1936, Page 1

WEATHER. (U. 8. Weather Bureau Forecast.) Rain tonight and tomorrow; change in temperature; fresh winds, mostly easterly. Temperatures—Highest, 75, at 2 p.m. yesterday; lowest, 62, at 4 am. today, little - Full report on page B: Closing New York Markets, Page 22 84th YEAR. No. LANDON ARRANCES CALIFORNIA SPEECH IN SURPRISE MOVE Says He Will Carry State. | Will Speak Tuesday in i Los Angeles. ACCUSES ROOSEVELT | OF MERE ‘LIP SERVICE’ Denies New Deal Attempts to Foster Freedom of Enterprise. ! (Teat of Landon Speech, A-9.) By the Assoclated Press. TOPEKA, Kans, October 16.—A ‘West Coast dash to Los Angeles Tues- day was announced by Gov. Alf M. Landon today in a surprise shift of strategy before winding up his presi- dential campaign with a cross-conti- nent swing. From Los Angeles the Republican nominee said he would speed cast- ward for speeches in Oklahoma City, Indianapolis, Philadelphia, Pittsburgh and New York. “Why are you going to California?” reporters asked as his special train " neared Topeka after a 2,400-mile Lake States tour through Illinois, Indiana, Michigan and Ohio. “Because we're going to carry it,” Landon replied, smiling as he rested from strenuous campaigning which included dozens of rear-platform ap- pearances and three major speeches. Sketches Itinerary. The candidate sketched this itiner- ary for his final White House bid: Leave Tgpeka Sunday, Ogctober 18; speak in Los Angeles Tuesday, Oc- tober 20, remaining overnight; speak in Oklahoma City at a time slill to be fixed, speak in Indianapolis Oc- ! tober 24, Philadelphia, October 26; Pittsburgh, October 27; arrive in New York October 28 for an address in Madison Square Garden the night of Thursday, October 29; homeward bound, speak in St. Louis Saturday, | October 31. ‘The Governor made his announce- ment—as unexpected as the word that he would go to Maine—in a press con- ] ference aboard his_train shortly be-| gore he reached Topeka. Reclining in the bed room of his private car, Landon was asked: “What is your impression of the attitude of the Lake States now?” i “I do not want to make any cam- ign claims about particular States,” (See LANDON, Page A-3.) CORDOVA IS SWEPT BY $20,000 BLAZE I‘ive. Stores, Dwellings and 0ld Town Hall Razed by Flames. By the Associated Press. CORDOVA, Md., October 16.—Fire ewept the main street of this little Eastern Shore town today, destroyed five dwellings and stores and most of the old town hall. Fire Chief Alexander Helmer esti- snated the damage at $20,000. Helmer said the blaze threatened for a time to wipe out the entire com- munity, housing about 250 persons. Only quick action by volunteer fire departments from Easton, Denton, Ridgely - and St. Michaels, who re- sponded to appeals for aid from local firemen, averted disaster, Helmer said. ‘Three store buildings and two homes were leveled by the flames. The building formerly used as the| town hall was destroyed and only half of lthe structure was still standing at daylight. Mrs. Annie Lee Roe, who lives about 200 yards from Cordova's small “busi- ness district,” discovered the fire, which apparently started*in a second- hand clothing store. She notified W. ‘W. Slaughter who summoned the Cor- dova Fire Department. PACIFIC POLICY HOLDERS ASK CARPENTER OUSTER | New Conservator or Receiver Urged in Document Filed to Answer Order. By the Assoclated Press. LOS ANGELES, October 16.—De- mands that. Samuel L. Carpenter, jr., | be removed as conservator for the| Pacific Mutual Life Insurance Co. of | California are contained in a court | document on file today, asking a new conservator or receiver. A group of non-cancelable policy holders of Chicago asked Carpenter’s ouster in an answer filed to the Los Angeles Superior Court’s order to show cause why this plan for reorganiza- tion of the insurance company should ot be approved. The proposed reorganization plan, they argued, i1s unfair. Carpenter, who is State insurance commissioner, | viohwdhuuthtolct,ulnim-| \Girl “With a Rose in Her Hair” Lial trustee, they alleged. A hearing on the show cause order has been set for Monday. | FRANCE HINTS STRIKE Plants Making Equipment Are| Ordered to Resume. PARIS, October 16 (#).—The Saut- ter Harlet Co. plant, where mauufac- ture of equipment for.two new cruisers had been halted by a strike, was or- dered today by the government to re- sume work immediately. The navy ministry, acting under the amilitary requisition law of 1877, indi- cated navy would operate the factory if the strikers refuse to return. The strike has delayed delivery of armaments for the Dunkerque, which is being outfitted at Brest, and her sister ship, the Strasbourg, under con- ¢ ruction at St. Nazaire. 33,771, Entered as second class matter post office, Washington, D. C. o L California Strike Threat Held Menace: to Roosevelt’s Lead BY G. GOULD LINCOLN, Staff Correspondent of The Star. SAN FRANCISCO, October 16— “Roosevelt hypnosis” seems to have Northern California in its grip. . Bets are laid with betting commis- sioners in San Francisco not on whether Roosevelt or Landon will carry the State, but on what will be Roose- | velt's plurality. A while back they | were betting even money that the Pres- ident would defeat Gov. Landon, his | Republican opponent, by 350,000. The | size of the plurality in the betting has been forced down since more Landon sentiment has developed and since Doc. Townsend’s stentorian cry, “Vote for Landon!” It is still possible, how- ever, to lay a bet at even money that Roosevelt will carry the State by | | 200,000 votes. | Labor is declared to be almost 100 | | per cent for Roosevelt, even by Repub- | licans here. He has an appeal for the | | women. For example, the wife of one | of the biggest public utility magnates in the State has declared she will vote | | for Roosevelt—almost giving her hus- | band apoplexy thereby. | Organized labor is strong in these | parts. Also it is inclined to be both | demanding and violently active. The \Margin of Democratic Victory Is Only Basis for Wagers in Northern Part of State. threats of a longshoremen'’s strike and the tying up of scores of vessels in the harbor has for weeks been regarded with considerable misgiving by the Roosevelt Democrats. Their fear has been that if such a strike were called now before the election, attended prob- ably by disorders and perhaps joined in by other unions acting in sympathy, the State would become so aroused that a large number of voters would swing from Roosevelt to Landon. There has been some justification for such a fear. California has been known in the past to get up on its ear when forced too far. Only two years ago the State rose en masse to defeat the Democratic nominee for Governor, Upton Sinclair, with his E. P. I. C. plan. The Roosevelt Democrats, therefore, were not hankering for another dem- onstration. A truce beiween the longshoremen and the employers has been obtained only by an eleventh-hour demand from the United States Maritime Com- mission that there be no strike until the commission has had time to in- vestigate thoroughly the situation. The union, in agreeing to a further truce, insisted. however, that some (See LINCOLN, Page A-2) PRESIDENT OPENS - CAMPAIGN IN OHO [Stresses Social and Eco- | nomic Security—Receives | Big Ovation in Michigan. By the Associated Press. CINCINNATI, October 16.—Open- ing his Ohio campaign before rain- drenched thousands in the University {of ‘Cincinnati Stadium, President Roosevelt said today he had seen | “tremendous improvement” over the country and the administration was | planning for the “future security” ‘of the country. Asks Greater Human Happiness. “I don't mean just a living, just| having enough to eat and a place to live in,” he said. “I mean a living providing a decent diet, education and a reasonable. amount of leisure.” He said he was inclined to think that on November 3 a decision would be made on whether “we shall con- tinue to work for a greater security and a greater human happiness.” “I'm not the least bit worried about the results,” he added. - Among the first to greet the Presi- | dent were Gov. Martin L. Davey and United States Senator Robert J. Bulkley of Ohio, Gov. Paul V. McNutt of Indiana, Francis W. Poulson, Ohio State Democratic chairman, and Mrs. Mildred Jaster, nationai. committee- ‘woman from Ohio. = Banquets for Mrs. Roosevelt. Numerous bouquets of flowers were handed to Mrs. Roosevelt, among them | one from thé National Convention of | | the Girl Scouts in session here. A | note of greeting attached to the bou- | quet was signed by Mrs. Herbert Hoo- ver, wife of the former President, who was defeated for re-election in 1932 by Mr. Roosevelt. Mrs. Roosevelt is honorary presi- dent of the Girl Scouts and Mrs. Hoover is national president. ACCLAIMED IN MICHIGAN. President Addresses Large Crowd in Detroit and Elsewhere. | By the Assoclated Press. | ABOARD ROOSEVELT TRAIN EN | ROUTE TO CLEVELAND, October | 16.—President Roosevelt carried his | campaign for re-election into the | pivotal State of Ohio today after tell- ing a huge outdoor crowd in Detroit | that automobile and other manufac- | turers needed to do more to spread | work and “increase the yearly earn- | ings™ of employes. | To another big gathering, in sub- aurban Hamtramck, the Chief Execu- “thinking of a future America when we all may | have a little bit more of the etter | things of life, more compensation for (See ROOSEVELT, Page A-2.) HOPE FADES FOR 1,045 MISSING IN TYPHOON Majority Believed Lost—546 Now Known Dead in Disastrous Philippine Storm. tive said he was | 87 1he Assoctated Press. | MANILA, P. I, October 16.—Little | hope was held out today for the ma- | jority of 1,045 persons reported miss- | ing after last week’s typhoon, the | most disastrous in Philippine history. | These were in addition to the 546 ! listed as known dead. | Reliet agencies rushed food to { hungry natives who chanted prayers ‘u they plodded through debris- strewn streets of towns on Northern Lezon Island. EUROPEAN TREATY SET-UP MENACED Belgian Neutrality Move Feared Withdrawal Preparation. By thz Assoclated Press. Europe’s peace structure shook to- day under repercussions of the Bel- gian King Leopold's speech indicat- ing his country would return to her pre-war neutrality status. The consensus of interpretations in European capitals was that Leopold’s | speech to his cabinet presaged Bel- gian withdrawal from the mutual as- sistance pact with Prance. and from the Locarno Treaty for European se- curity, mrlng'uus was the correct in- terptetation, the Frendh foreign of- | fice hastily drafted a note asking spe- cific explanations from the Belgian government. 4 The Belgian Ambassador to London was reported - last night to have as- REBELS ADVANCE 10 MILES IN PUSH ON NAVALCARNERO Ring Around Madrid Draws Tighter, With Insurgents Only 20 Miles Away. CENTRAL CITY ATTACK BELIEVED ALSO NEAR Big Guns and Planes Begin Vic- ious West-Front Drive—Tanks Cut Down Wire. BACKGROUND— With the “zero hour” of an at- tack on Madrid’s forts believed im- minent, rebel columns have ad- vanced to positions almost near enough to shell the capital, defend- ed by a steadily increasing force of Loyalist recruits and drafted peas- ants. ° Within, the capital supplies of jood have dwindled, but the gov- ernment insists the people have adopted willingly the curfew law and that they are not unruly. European nations, already torn by the political struggle between Jascism and communism, have been watchful of the Spanish civil war, where these and other doctrines have been brought into sharp focus. B) the Associated Press. VALLADOLID, Spain, October 16.— Insurgents driving through rainsoaked terrain advanced their western battle front 10 miles today, capturing five mountain villages and besieging So- cialists within 20 miles of Madrid. Along the entire western line, the Fascists concentrated a paralyzing ad- vance as insurgent patrols pierced deep into government territory. Headquarters of Fascist operations reported capture of the towns of Men- trida, Chapineria, Navas del Rey, Valdemaqueda and Aldea del Fresno. Insurgent attackers are only eight; miles from the strategic city of Naval- | carnero, 20 miles southwest of the | capital, ‘on the main highway lmm; | Madrid to Maqueda, the high command | | asserted. In the center of the sector, a Fas- | cist spearhead pushed eastward from | Chapineria toward Soclalist defenders engaged _in feverish preparations to resist the attack on Brunete, approXi- mately 17 miles by road to the eq‘u‘_l‘ Planes and Gung Open =4 ‘The smashing advance : with concentrated assaults by a and avistion as insurgent e gun corps sent a stream, inte So- the Pelayos sured Forélgn Sefretary Anthony Eden that King Leopold referred only to Locarno conferences, and that Bel- gium would adhere to the League ob- ligations. The French note asked answers to the four questions asked by diplomats throughout Europe: 1. Would Belgium withdraw from her mutual assistance pact with France? 2. Would Belgium withdraw from the Locarno treaty? » 3. Would Belgium participate in fu- | ture Locarno discussions? 4. Would ¢ Belgium abide by her League of Nations obligations? Treaty Set-up in Balance. Upon clear answers to these queés- tions, Eurqpean observers feit, hung the fate of the complex Buropean treaty set-up -designed to guarantee the continent against another world war. The Locarno pact, signed 11 years ago today, has been held by European statesmen to be the keystone of col- lective security. The signatories were Germany, Italy, France, Great Britain and Bel- glum. The present Locarno treaty became (See TREATY, Page A-7.) 54 SAVED AS SHIP SINKS OFF MANILA Japanese Freighter's Crew Res- cued From Vessel Battered in Typhoon. By the Assoclated Press. MANILA, October 16.—The Jap- anese freighter Moko Maru sank dur- ing last night off Piedra Point, butall her 54 crew members were rescued by the Concordia, the Italian steamship ‘wirelessed. The Moko Maru, tossed by heavy seas and whipped by typhoon, began filling with water late yesterday. Her skipper sent out distress calls. A half-dozen vessels started to the rescue, but the Moko Maru's captain asked only. the Concordia and the Anking to stand by while he worked his rolling craft toward Lingayen Gulf, 125 miles north of Manila. Near the gulf entrance, the forward holds were filled with water and the Moko Maru's crew hastily was taken aboard the Concordia. The Moko Maru, 7,114-ton ship, loaded mostly with iron ore, was bound for Moji, Japan. clalist positions east™ R gorge of the Al ver, . Stubbornly , the defend- { ers improvised: barrieades-ot barbed | wire—only to see the jagged strands | mowed down by Fascist tanks. | The operation was under direct com- | | mand of Gen. Emilio Mola, elevated to | supreme command of .all insurgent | forces pushing toward Madrid from | | the North, South and West by Gen.| (See SPAIN, Page A-3.) _— 25 KILLED IN RIOT By the Astdclited Press. - BOMBAY, October 16.—Police fired | into two mobs today ip frenzied com- munal rioting in_whi 25 persons were killed and 400 injured. Dozens of pedestrians were stabbed, street cars were stopped and business houses shut down. Troops stood by. The Hindu- Moslem disorders, started yesterday at the begiuning of econstruction of a Hindu place of worship near a mosque on the “outskirts of Bombay. One bundred and forty persons were in- Jured in the first riots and 50 wers arrestec. Sunimary of | Army-Navy. B-14 | Radio . Comics Editorial Finance ..._A-21| Sports Lost & Found A-3 | Woman's Pg. C-10 Obituary ...A-16 POLITICAL. President swings through Ohio in elections campaign. Page A-1 Landon shifts itinerary to carry fight into California. Page A-1 Senate group gets contribution data from Weir'and Pew. Page A-2 Catholic Review urges silence for Coughlin and Ryan. Page A-2 Knox assails Roosevelt program in St. Louis address. Page A-6 Two of Du Ponts explain contributions to Republican fund. Page A-8 Maryland court hears plea to keep in- dependent off ballot. Page B-8 FOREIGN. i Germany seeks reduction in foreign debt. Page A-1 London speculating* on Simpson di- vorce proceedings. Page A-1 Rebel thrust westof Madrid takes five towns. Page A-1 NATIONAL. T. V. A. motion for dismissal of power firm suits denied. Harrison quits A. F. meetings. Tax exemption for plant improve- Among 25 Slain in Rebel Push (Editor’s note—"It's quite a war for. seeing things—if you duck fast enough!” writes Elmer W. Peterson, Associated Press war eorrespondent. And fresh from the firing-line come these brisk, graphic jottings from his mnotebook, written within the sound of guns.) BY ELMER W. PETERSON. TALAVERA DE LA REINA, Spain (by mail to Paris and New York), October 16.—Swift ‘patter of feet . . . everybody running . . . scrambling frantically for cover—just as you could tell where to go, by some sixth sense, with that big bombing plane roaring down low over the wil- ~ze et 159 miles en hevr! “When those babe hit—"" Fascist officer-guide points an em- phatic thumb down. I nod. “I know, but what’s the safest place around here, anyway?” His thumb goes up. “In the plane,” he grlns, white teeth flashing. “In the plane, senor, is the safes’ place.” ‘We duck into the nearest cellar . . . dark and silent . . . not a whisper from the huddled forms . . . holding their bresth . . , arms and bodies stiff with fear . . . Then suddenly re- laxing, with long-drawn sighs, as the “all-clear” signal is heard. Strolling around the shell-pitted town . . . Pock-marked walls and the little flattened bits of lesd that whined (S2s RA e A-3.) My | ment being studied. Page A-15 WASHINGTON AND VICINITY. Justice refuses to quash Farnsworth indictment. e Page A-1 Bernard Livingston, District jeweler, is arrested in theft. Page A-2 Commission may ignore Roberts’ anti- one-man-car stand. Page A-2 Both parties plan rallies in Richmond * tonight and tomorrow. Page A-3 Federal elevators safe, building in- spector says. . Page A-4 South Branch Valley of the Potomac a major flood menace. Page A-4 Roads Bureau to seek appropriation for Skyline link. Page A-6 Walter P. Chrysler accused of duck law violations. Page A-10 Leading citizens appeal to public to support hospitals. Page A-12 Radio beacon and sound fog signals to aid Bay navigators. Page A-13 Advantages of Government utility regulation are cited. Page A-15 13 / Eoeninn WITH SUNDAY MORNING nmm{g WASHINGTON, D. C., FRIDAY, OCTOBER 16, 1936 —SIXTY-EIGHT PAGES. *%# BY GOLLY! LOOKS TouGH . ON ME! - EFUSES 0 01D FARNHORTHEASE Justice Proctor Holds Japa- nese “Capable” of Con- spiring Against U.'S. . Justice James M. Proctor of District | Court today refused to quash the in- dictment charging John S. Farns- worth, former Navy lieutenant com- mander, with conspiring with two as- | sistant naval attaches of the Japanese | Embassy to sell to them confidential information concerning the national defense and set November 16 as the trial date. His attorneys had con- tended the Japanese had diplomatic immunity and hence were incapable of conspiring with Farnsworth. “I think their status goes no further than immunity fram pre " Jus- tice Proctor said, "mm capable of doing acts with American citizens which are in violation of the laws of this countsy; I see no reason why< an - Anerlcane gitizen who con- diplomat should Hughes, jr,, énd William E.-L4éahy, had contended that the indictment was faulty because it charged Farnsworth, who is in the District Jail, with con- spiring with Yosiyuki Itimiya and Akira Yamaki, successive assistant Japanese naval attaches. They main- tained that the Japanese diplomats, under the law of nations, were in- capable of vioiating a law of this country as well as being immune from prosecution for such violation. “There was no way in the world for them to reath the illicit agreement | mecessaty for this case,” Hughes | argued. “They enjoyed an absolute exemption from uil laws of this coun- try. If they were incapable of vio- lating the laws of this couniry, they certainly- were. incapable of conspir- ng.” ALY % He pointed out that there never has been a case in the history of the United Stdtes or England where a (See FARNSWORTH, Page A-2) Today’s Stur U. of M. freshmen to elect officers next Monday. Page A-16 Channel improvement urged by Trade Board committee. Page A-18 Retail milk price to rise if farmers get more money. Page B-1 Justice Department painter wins Car= negie Exhibition prize. Page B-1 Artist gets $10,200 damages for broken thumb. Page B-1 Red Cross drive to end tonight; suc- cess seen. Page B-1 Revised Takoma transportation sys- tem is proposed. Page B-1 Both parties claim victory in Alle- gany County, Md. Page B-1 Welfare Board favors Budget Bureau Training School plan. Page B-1 FINANCIAL. Most bonds narrow (table). Page A-21 Trade gains on wide front. Page A-21 Corporate profits higher. Page A-21 Stocks swept up briskly (table). Page A-22 (table). Page A-23 Page A-23 Curb specialties, steels rise Preight loadings jump. SPORTS. G. W.-Arkansas game tonight due to attract throng. Page C-6 Georgetown-Bucknell aerial barrage tomorrow seen. Page C-6 Gehrig of Yanks voted most valuable A. L. player, Page C-1 Catholic U. in unusual position as grid underdog. Page C-8 Johnny Goodman is called uncrowned golf king. Page C-9 EDITORIAL AND COMMENT. Alice Longworth. Page A-2 ‘This and That. Page A-14 Answers to Questions. Page A-14 Washington Observations, Page A-14 David Lawrence, Page A-15 Paul Mallon. Page A-15 Jay Franklin. Page A-15 Dorothy Thompson. Page A-15 Headline Folk. Page A-15 Irvin S. Cobb Says. Page B-11 MISCELLANY. Page A-2 Page A-8 - Page A-8 Page C-16 Page B-10 Page C-4 Page C-4 Page C-10 Page C-10 Page C-4 » London Asking The only evening paper in Washington with the Associated Press News and Wirephoto Services. Yesterday’s Circulation, 138,664 (Some returns not yet received.) —— HEWAS A if Mrs. Simpson | Will Attend Royal House Party‘ S beculaiion Rife as By the Assoctated Press. LONDON, October 16.—London's fashionable set, discussing in Mayfair | drawing rooms the divorce action | brought by Mrs. Ernest (Wally) Simp- son against her husband, asked this question today: i i house party at Sandringham next week?” Mayfair conversations centered | around prospects the American-born friend of the monarch, who charged | her broker husband with misconduct in a provincial divorce suit, may cancel REICH SEEKS CUT IN FOREIGN DEBT Postpones Devaluation of Mark—U. S. Holds Bulk of Notes. | By the Associated Press. BERLIN, October 16.—Financial experts have decided, to seek -.urther | rediction in Germany’s huge foreign debt and, in the interim, postpone tive sources disclosed today. The decision was reached, it was reported, at lengthy conferences at- tended by officials of the Reichsbank, ministry of economics and financial experts. (The German foreign debt approx- imates 10,000,000,000 marks ($4,000,- 000,000), of which the United States holds about 40 per cent of the long- term notes and 25 per cent of the | | short-term.) Devaluation was understood to have been made contingent upon interest and capital reductions which Reichs- bank President Dr. Hjalmar Schacht would attempt to obtain between now and a foreign debt conference in Ber- lin next February. Dr. Rudolf Eicke, Reichsbank di- rector, intimated the debt move yes- i terday in a speech before bankers and insurance men. Dr. Eicke said a new interest and debt setup was necessary, as Ger- many’s exports were liable to suffer as a result of currency devaluations in other countries. “Will ‘Wally’ attend King Edward’s | devaluation of the mark, authorita- ! to Whether Edward | Will Marry Commoner and Perhaps " Put Throne in Danger. her plan to join a small group of the ruler’s friends at the royal country | | residence. | The house party was planned to co- | incide with King Edward’s first visit to Sandringham since his father, King George, died there last January. Attorneys for Mrs. Simpson, the | former Wallis Warfield of Baltimore, | were working to complete legal docu- | ments for the hearing to be held at | Ipswich during the assizes beginning | | October 24. ‘The slender, brunette “Wally” busied (See SIMPSON, Page A-4) A.F.L MEDIATION STILL DEADLOCKED !Chairman of Body to Deal| With C. I. 0. Crisis Called Out of City. BY JOHN C. HENRY. Anticipating little or no opportunity for week end progress toward peace | in the bitter controversy now splitting | the ranks of labor, George M. Har- | rison, chairman of a special nego- tiating committee of the American session of the Executive Council yes- terday afternoon to return to his home city of Cincinnati. Leaving shortly before 5 o'clock, Harrison, who is president of the Railway Clerks' Union, said he had an “appointment” in Cincinnati, that he had heard nothing from the Com- mittee for Industrial Organization about getting together and that he had made no advances to them. All his committee has done so far, he said, was to write to Max Zaritsky, president of the Hat, Cap and Milli- nery Union, to inform him of the committee’s readiness to begin nego- tiations. Zaritsky, who is a member of the C. I. O, is sponsor of the peace proposal. With the council session expected to end on Tuesday, little time remains for any peace committees to make progress and report back in time for council approval to their findings. A lifting of the suspension against the C. I O. unions in order to allow them repre- (P) Means Associated Press. Federation of Labor, quit the current | sentation at the November convention of the federation must be voted soon, if at all. Harrison may return on Monday, it was said. Meanwhile. interest today was being directed at the forthcoming non-par- tisan report of a special committee of the federation on the platforms and candidates of the two major political parties. William Green, president of the federation, announced last night that Doctors Operating On Infant Child To Make Him Cry Growth in Throat Pre- vents Boy From Shed- ding Any Tears. By the Associated Press. PITTSBURGH, October 16.—A mother hoped today that surgeons will enable her baby to cry—maybe to talk in later years. The surgeons were called upon by Mrs. Otto Grego of suburban Millvale, who said: “Eugene was & wonderful baby from birth, but I felt sort of funny about his not crying.” An examination revealed a growth in 9-month-old Eugene’s larnyx made it impossoble for him to cry. A series of operations began. Little by little surgeons are removing the ob- struction—Eugene, they say, soon may be able to make a healthy rumpus if he wishes. But, his mother says: “I don't think he would cry much anyway, because he has such a sunny disposition.” Baby Eugene is breathing through & tube placed in his throat during the series of operations on the trachea. Nurses at the hospital where the baby is being treated said several more operations will be necessary. the executive council would complete consideration of the report today and that he will outline its cohtents at his press conference this afternoon. ‘While the report adheres in form to the “non-partisan” description, at least to the extent of running the contrasting material in parallel lines and in a way intended to be factual rather than editorial, this year’s issue is admittedly pro-Roosevelt. Green, who has declared himself in favor of re-election of President Roosevelt, said last night that the followers of labor who study the report “will know who to vote for, all right.” Two Factors in Delay. Green explained that the report was held up until this time in order to “take care of any last-minute develop- ments” in the campaign. From a source close to the council, however, it was reported that Willlam L. (Big Bill) Hutchéson, who is in charge of the labor division of the Republican Campaign Committee, has been influ- ential in having the report delayed as long as possible. Hutcheson, who is president of the Carpenters’ Union and & member of the council, has not been present at any meetings of the present TWO .CENTS. TV ALDSSFRN T0 BLOCK AGTN BY POWER FIRNS Suit Within Jurisdiction of Nashville Federal Court, Judge Rules. COURT FAILS TO PASS ON LEGALITY OF ACT, Holds Averments of Defendants Sufficient Justification for Hearing. By the Assoclated Press. NASHVILLE, Tenn. October 16.— Federal District Judge John J. Gore overruled today a motion by the Ten- nessee Valley Authority to dismiss a suit brought against it by 19 power companies, but did not pass upon the question of constitutionality of the T. V. A. act. ‘The effect of the decision, in the opinion of attorneys, is to keep the suit before Judge Gore for hearing on the constitutional issues involved. On the answers eventually given to those questions by the Supreme Court, it is generally agreed, the T. V. A, power program likely will stand or fall. “There may be cases where it would be proper to look to the constitution= ality of an act to determine the ques- tion of jurisdiction,”-the judge said in a written opinion, “but I think the case made by the averments in this bill brings it within the jurisdiction of this court, regardless of the con- stitutionality of the Tennessee Valley Authority act. “I think the averments if proven, strip the defendants of their official character and constitute them private citizens in that regard, and * * * when such conditions exist, they ars subject to suit in any court of com- petent jurisdiction where they are committing said illegal and unconsti- tutional acts, and where process can be served.” Begun in Knoxville, The power companies’ suit was brought originally in Chancery Court at Knoxville and transferred to Fed- eral District Court on the plea of the T. V. A. Subsequently, the T. V. A. | filed a motion to dismiss, contending that under a section of the T. V. A. act the suit should have been brought in the Northern district of Alabama. The act fixed the authority's legal residence in that district. “Certainly Congress may create & corporate agency for a lawful and constitutional purpose,” the court said, “and in so doing may provide the forum in which such agency may be sued. And, so long as it acts within the constitutional powers granted, it | may not be sued elsewhere. “But, if the act be invalid, or if the agency assumes powers not conferred, it is stripped of its immunity to be sued in the forum designated by the act creating it, and assumes the role of an individual, who is answerable for his wrongs wherever found. “It is hardly reasonable to suppose that Congress intended to make these defendants immune from suit in any jurisdiction except in the northern judicial district of Alabama for dam- ages resulting by their unauthorized acts of whatever character. Cites Former Hearing. “Upon a former hearing I was of the opinion that it was necessary to pass upon the validity of the Tene nessee Valley Authority act to de- termine whether the Chancery Court of Knox County had jurisdiction of the cause. “If it did not, this court acquired | none by a removal of the cause, and I was in doubt as to whether the | averments in the bill, to the effect | that defendants were committing un- | authorized acts to the injury of come plainants. and threatening to con- tinue to commit acts ultra vires the power granted by the Tennessee Valley Authority act, were sufficient to vest the Chancery Court of Knox County with jurisdiction to entertain the suit. “A further study of the bill and the authorities convinces me that it is unnecessary to pass upon the con- stitutionality of the Tennessee Valley Authority act to determine that ques- tion. “But 1t is necessary that I scrutinize the bill to determine whether real, substantial constitutional questions are involved and that apparently the bill is filed in good faith, and is not frivolous.” At _the conclusion of his 19-page (See T. V. A, Page A-2) — BANKER'S SON DIES IN AUTO ACCIDENT Another Washington and lec Student Is Injured in Crash Near Lexington. By the Associated Press. LEXINGTON, Va, October 16— William Latus, 19, sophomore at Washe ington and Lee University and the son of a New York banker, was killed and & companion injured early today in an automobile accident near here. ‘Thomas B. Cottingham of Philadel« phia, another student at the institu- tion, was brought to the hospital here. The two young men, it was under- stood, were en route to Lynchburg. Both were members of the Pi Kappa Phi Fraternity’s chapter at Washing« ton and Lee. Latus, whose home was at Merrick, N. Y., was the only son of W. F. Latus, second vice president of the Chase Na« tional Bank of New York. He was born September 10, 1917, Emperor Hirohito IlL quarterly sesslons of the council. TOKIO, October 16 (#).—Because The committee that drafted the re- | of a slight indisposition Emperor port, starting immediately after the | Hirohito today ordered suspension of two party conventions, includes Green, | the picturesque harvest thanksgiving Secretary Frank Morrison and Vice | eeremony tomorrow in which he offers Presidents Felix H. Knight, T. A.|rice to the gods of the imperial sanc~ Rickert and G. M. Bugniazet. tuary. 4