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SECURITIES ACT TEST 15 WEIGHED Challenge by 3 Under Indict- ment Considered by * Justice Gordon. Justice Peyton Gordon of District Court had under advisement today the question of the constitutionality of the securities act of 1983, which was challenged late yesterday by at- tormeys for three men indicted under 4t6n" a charge of conspiraty to'mis- | present facts in the registration statement of the Continental Distil- lets'& Importers’ Corp. : Assertions that the act violates the || fifth, and tenth amendments by at- tempting to control the conduct of the securities business under the guise of regulating the mails and interstate | commerce were made by William E. Yeahy, who presented the principal argument attacking the indictment. .- Fraud Curb Held Object. .~ Assistant United States Attorney Pavid A. Pine replied that any regu- Jation of the securities business was guerely “an incident” to the main pur- pose of the act, which was to assure #hie public that the mails and inter- atate commerce should be kept free of fraudulent offerings. , ~“But the citizen still has a consti- futional right to make a fool 6f him- self,” he added. _-The arguments were on a demurrer to’ the indictment against Dan F. Reynolds, member of a local law firm; Harry E. Hanes, general manager of thie Standard Appraisal Co. of New York, and Milton Janis, salesman for a New York stock underwriting concern. Some $40,000 of stock of the distil- ling corporation was sold, although the firm never started operations, officials declared. Property Statement Involved. ‘The alleged false statements con- ‘cerned the value and description of the corporation’s property at Shrews- bury, Pa. Leahy contended that the securities act attempts to regulate persons rather than things, and is designed to reach out into domains reserved to the States. He particularly objected to the fact that it requires that all securities, good and bad, be registered, under penalty of beihg barred from the mails, “The right of the people to use the mails is a constitutional right and this Government cannot take it from them,” Laehy said. He also attacked the law as repugnant to the prohibi- tions of the fourth amendment against unreasonable search and seizure. . Pine Stresses Honest Information. Pine pointed out that the securities #ct provides no compulsion concerning the filing of registration statements, ut does require that they be truthful “The information required is only that which the honest vendor ordi- Sarily should give to the prospective purchaser,” he declared. % He contended further that the act as justified under the Federal police “power. Z=An attack along another line against ‘%he/indictment was presented by A= torsey John J. Sirica, who contended $hat the true bill was so vague as to Jeave the defendanis uncertain as to the exact offense with which they were charged. Assistant United States Attorney John J. Wilson replied that it was necessary to charge a conspiracy the same exactness used in an tment for a substantive offense, FATHER SENTENCED ’r FOR SLAPPING BABY Tets 180 Days and $500 Fine, Irked by Infant's Crying. 8y the Associated Press. LOS ANGELES, October 23.—A 23- Yyear-old father, Frank Provost, plead- &4 guilty yesterday to slapping his J-month-old daughter Virginia so $ard she needed hospital treatment, Deeause she cried. Judge E. P. Woods of the Monte- bello Justice Court sentenced Provost to 180 days in jail and fined him $500. He was accused of unjustifiable pun- 4shment to minors. Capt. T. P, Gordon of the sheriff's office said Provost’s wife Bertha May told him Provost hit his daughter Bunday so hard she fell from her high chalr, because she cried. Wednes- day, she said, Virginia began to cry again and Provost exclaimed: “You'd better stop that kid from grying or I will” ‘Then, she told the officer, he struck the child with his fist. The baby s fn-a hospital, GOTTON MILL JOBS HELD ABOVE 1929 “Murchison Answers Berry, Stating ~. - Hourly Rates Exceed J3= Boom Year. /By the Associated Press. NEW YORK, October 23—Dr. Claudius T. Murchison, president of the Cotton-Textile Institute, an- nounced yesterday employment in the eotton textile industry “is actually greater than in 1929, and average hourly wage rates exceed the levels of even that boom year.” Dr. Murchison made public his statement as a comment, he said, on the report of the industry production and employment during the years 1914-1933 as issued in Washington Wednesday by George Berry, co- ordinator for industrial co-operation. “For reasons best known to himself, the coordinator chose to confine his study, or at least the portion made public, to the years 1914-1933, jgnor- ing the improvements which have occurred in both wages and employ- ment since 1933 Dr. Murchison iced, jpnnounced, “Whatever prompied the issuance @t this time of & report which fails to take into account the almost spectacular progress made by this industry since 1933, is it certain that ‘- = the cause of ‘industrial co-operation’|. 4indical ted n his title as the co- orfiinator’s objective, has not beel sexved,” he added. i = Moscow Finances Chess. Bquipped with a lgrge library of negessary information &nd instruction on-the subject of chess, a club devoted extlusively to that game has been es- tablished in Moscow by the govern- ment. Only masters and first category players ars admitted as members. Regular lectures will be given and & sourse of tralning. - 1 Washington | Wayside Tales and Things. A House press room as the most CARIBOU! curious item of its kind in Washing- Random Observations N OPERATIVE with an eye to furniture nominates a table in in ton. About 5 feet in diameter, of Interesting Events the reception hall of the White cular in shape, some itoned wood, and top is intricately carved. features, however, are the four caribou heads, horns and all, and close to life size. The heads jut out ferociously place quite & turn. Such an odd mix- ture of the bucolic and the classicl * % x % INCIDENT. Almost anything may happen on the Washington and Baltimore Boulevard, yet eyes were strained and mouths agape the other day as a line of cars going each way was suddenly halted by a white- robed figure whose arm was up- raised as if invoking some sort of a benediction. From a quiet church yard with an ivy-covered church in the back= ground, a stream of cars were is= suing in what was discovered to be a funeral procession. There is no light signal at this point, and the clergyman heading the processiom, got out of his car and succeeded in holding back the stream of cars coming from every direction in re= spectful attention until the funeral train had moved across the road in an unbroken line. * x k¥ SMOKE SCREEN. AN ARTIST of physical dimensions which are exactly the reverse of those of, say, the Empire State Build- ing, yesterday afternoon found com- plete justification for the long black cigars he smokes. Bent upon buying a pair of slacks, he sauntered into the men's depart- ment of rather a large store. The clerk there looked everywhere for something small enough, but finaily gave up. “You'll have to go to the de- partment, he said with a little cough during the purchase,/ . “Otherwise, I'd have felt he'l see to it that he train quickly. Don went to the station to friend off the other day inten leave the train just before it out. But when the “all aboard came and he hot-footed to bule he found the car door had been locked and before the porter could open it the train was under way, with Martinsburg, W. Va., the next stop. Don finally got back early the next morning after waiting howrs for a ‘Washington-bound train, * % *x % ESCAPE. of Washington's better known newspaper reporters went to the District Reformatory at Lorton, Va., the other day—on official business— and came away not only with a story for his paper, but with & fearful thought that through his own negli- gence he might have aided a prisoner to escape. The guard at the reformatory gate was more or less responsible for the reporter’s fear. Inbound, he was precautions taken to prevent an escape-minded inmate from fleeing in a visitor's car. But the news man, in his haste, for- The RUSSIA T0 PRESS NEUTRALITY PLAN Moscow to Temper Action, However, in Effort to Avoid War. By the Associated Press. LONDON, October 23.—Soviet Rus- sian spokesmen, going into a saper- charged session of the troubled Euro- pesn “Hands-Off-Spain” Committee, will refrain from taking steps which might precipitate s European war. At the same time, it was stated au- thoritatively the Russians will con- tinune to operate every possible diplo- matic lever to thwart “Nazi and Fas- “The mad of non-intervention, knows is a shame,” charged. However, he indicated plainly that Moscow will continue to use diplo- matic means to gain its goal of stop- ping alleged Fascist arms shipments to Spain. The Soviet statements put a new light on the international hearing, called to hear a three-power Fascist defense against Soviet charges of neu- trality violations. Italy, Germany and Portugal were denials of fresh charges of Russian aid to the Spanish government. Before today's developments, Rus- sia had indicated strongly she would erase her signature from the non-in- tervention agreement in protest over the committee’s delay in taking “prac- tical measures” to isolate the Spanish War, (However, Moscow dispatches quoted observers as believing Russia, on sec- ond thought, may make no immediate bolt from the committee. These ob- servers said one reason for more cau- tion on the part of the Russian dele- gates was a warning that precipitate action might alienate France and Great Britain). The committee session began at 4:05 pm., with the Russians prepared for some sort of a showdown on their charges. Dino Grandi, the Italian Ambassa- dor, and Prince Otto von Bismarck, the German Charge d’Affaires, went into the Locarno room of the foreign office, scene of the meeting, prepared to engage in a verbal struggle with the Soviet n, Ambassador Ivan Maisky. ACCORD IS ANNOUNCED. Italo - German Agreement Follows Series of Conversations. BERLIN, October 23 (#).—Complete and concrete Italo-German accord was announced today by Couni Galeazzo Ciano, Mussolini's son-in-law and Italian foreign minister, following a series of conversations with Baron Konstantin von Neurath, German for- eign minister. Count Ciano said the rapproche- ment, which he described as “neither & pact nor an alliance,” merely awaits formal ratification by Reichsfuehrer Adolf Hitler in their meeting at hailed a proposed Franco-German un- derstanding as a vital European “rock of peace.” Although viewed with suspicion by French officials as a clever intrigue to “freeze out” Russia and break up the Franco-Soviet military assistance pact—thereby paving the way for Ger- many to attack Russia—high Nazl quarters were undaunted. A new “United States of Western Europe,” embodying Germany, Italy, France and Great Britain, was fore- shadowed in the six-point accord re- thought he heard a strange rumbling in the trunk, There were visions of & prisoner there, waiting for an op- portunity to jump out to freedom. The reporter dared not give him that op- portunity. Driving speed was increased from 35 to 50 miles an hour. Into Alexandria and out Washing- ton' street the reporter drove without slowing down until the intersection of King street was reached: A police- man was standing on the corner. The reporter drove up directly in front of him, stopped the car abruptly and leaped out. “Come here quickly,” shouted the reporter as he slowly raised the top had been rattling around during that wild ride. | % % STUDENTS. Government employes, as a class, are the most avid of students, ac- cording to Dr. Leo J. O'Rourke, director of research in personnel penditure for training courses of one sort or another runs more than $500,000 annually. National Scene BY ALICE ROOSEVELT LONGWORTH. EW YORK, October 23.—Mr. Roosevelt is expanding his “you’re another” counter attack. He is calling his opponents rabble rousers, deploring regimentation, and has actually recorm- mended that those who fear a Federal capital suggestion is & good deal as if Mr. Stalin (or Mr. Roosevelt, himself) recommended a reading of John Stuart Mills' “Human Liberty.” For that matter, Mr. Roosevell has just as much right under the Constitution to impose & _ capital levy as he had to inflict N, R. A, A. A. A, and otherf unconstitutional innovations upon the people of the United States. He has not yet told us whether he agrees with Mr. James Roose~ velt's statement concerning the revival of N. B. A. STAR P Capt. M. H. Matteson puts his mount, Ugly, over a hurdle in the international military team jumping class at the opening of the Inter-American Horse Show at Meadowbrook yesterday. CULVERTS BLAMED FOR FLOOD LOSS Water Formerly Held Back, Sweeps Under Roads, Hearing Told. BY LESTER N. INSKEEP. FREDERICK, Md., October 23— Culverts under the rapidly increasing number of State and national high- ways was given here today by William Wingert of Hagerstown as one of the reasons for the rise in flood waters during the past several years. This information was submitted to Lieut. W. J. Matteson, acting district engineer, and his aides, during the fifth of a series of flood control hear- ings for the Potomac River basin, un- der an act of the last Congress. Wingert, authorized agent for the officials of Willlamsport, Md., told of the widespresd damage to that com- munity during the last flood. Loss Set at $84,300. ‘The Williamsport property loss was set at $84,300. In addition, the Hag- erstown water supply plant, which is located in the Williamsport vicinity, was damaged to the extent of $12,345. The Potomac Edison Co. listed its losses east from Cumberland at $156,000. The Willlamsport spokesman assert- ed he has made a long study of flood control and suggested a series of dams, both in the Potomac River and the many tributaries flowing from Mary- land, Pennsylvania and West Virginia. Referring to the culverts, he said these start the water speeding on its way, whereas it previously flowed slowly, preventing rapid rises in the streams reaching the river. Damage on Conococheque. Damage along Conococheque Creek, which added to the Williamsport losses, was set by Harvey Brewer, far- mer of near Kemp Station, in Wash- ington County, was $9,585. He had 6 feet of water in his house, he declared. This is the first time water has ever reached the dwelling. Both men advocated use of dams and reforestation as the only practical means of flood control in this area. H. W. Routenberg of the Baltimore BETHESDA MAN'S ¢ BODY RECOVERED Glenn Warner Was Drowned ‘When Boat Capsized in Chesapeake Bay. Py the Assoclated Press, ANNAPOLIS, Md, October 23.— ‘The body of Glenn Warner, 23, of Bethesds, Md, who drowned near Claiborne Saturday night, was recov- ered today and brought here. Warner was on & boat with How- ard Ralph, 31, Washington, whose body is still being sought, and J. Case when the craft 'SPEECH BAN DENIED Durham, N. C., Mayor Answers ‘ Charge of Communists. TWO STATE POLICE REQUEST HEARINGS Officers Thompson and Tay- for Want Extortion Charges Aired. By the Associated Press. BALTIMORE, October 23—J. J. ‘Thompeon, suspended Maryland State trooper, applied to State Employment Commissioner Harry C. Jones today for a hearing on charges of merit system violations. ‘Thompson was the second of four suspended officers to request a hear- ing. John E. Taylor also has asked for a hearing. Charges were preferred against the troopers by Maj. Enoch B. Garey, police superintendent. ‘Thompson’s request was filed with- out an accompanying statement by William Purnell Hall, his attorney. Taylor is represented by Milton E. Altfield, a former State Senator from Baltimore City. Only one charge was filed against Taylor by Maj. Garey. Garey charged that Taylor extorted $20 from John N. Herbert, a garage owner, and that former Sergt. Albert E. Markley recelved half of that amount from Taylor. Markley was also sus- DECLINE SEEN IN RATE OF INFANTILE PARALYSIS Public Health Service Hopes Peak for Current Year May Be Passed. BY the Associated Press. The Public Health Service today expressed hope that the peak of in- fantile paralysis for the current year is passed. For the week ended October 17, the service reported 246 new cases, com- pared with 263 cases for the week ended October 10 and 290 for the week ended October 3. Since last April 25, 3,078 cases have been reported, compared with 8,981 cases for the comparable 1935 period. Ohio listed 45 cases for the week ended October 17, compared with 2¢ cases for the previous week. EDUCATION MODELED TO PUPIL ADVANCED By the Assoclated Press. COLUMBUS, Ohio, October 23.— Tallor-made education was the sub- ject of & conference here yesterday AMERICAN RIDERS OUT FOR REVENGE 1935 Conquerors Win Again Yesterday as Cole’s Mount Skids. Smarting under the sting of & de« feat rendered in 1935 and a first-round failure marked up yesterday more or less by the defaults of Lady Luck, the United States Olympic team today bided its times at the second annual Inter-American horse show, prepared to do its best in the individual mili- tary classes and await the opportunity for consolation tomorrow and Sunday when the international jumping cham- pionship of the Americas will be set« tled at the Meadowbrook sports arena. Having been beaten by the Chileans last year, our Army horsemen entered the ring yesterday in high hopes of revenge. As that soothing sensation seemed almost at hand, a slip of the hoof decreed otherwise when Maj. Tupper Cole's mount Dakots skidded Margaret Cotter, up on Rocksie, takes a hurdle in good form in the civilian jumping competition. Edward (Continued From Pirst Page.) Charles Joseph Bonaparte (1851 1921), won a distinguished place in American politics. ‘There is ample precedent on King Edward's side if he wishes to marry Mrs. Simpson. Under the English royal marriage law of 1772, only one thing could stop him—the “disap- probation” of both Houses of Parlia- ment. A whole line of British Kings de- scended from William the Conqueror, who was the child of Robert, Duke of Normandy, and Herleva, a tanner’s daughter. One of the happiest marriages of the kingdom occurred in the nine- teenth century between Queen Vic- toria's heir presumptive and a com- moner. Miss Louisa Fairbrother, who wed George, second Duke of Cam- bridge, refused to ask for the title of princess and was known ag plain “Mrs. Pitzgeorge.” Her husband remained faithful after her death, and was buried in her grave in 1904. ‘The last Englfsh King known to have married morganatically was George IV. Mrs. Maria Smythe Weld Fitzherbert was twice widowed and six years his senior when George se- eretly married her while he was Prince of Wales in 1785. George IV's official Queen was Prin- cessCaroline of Brunswick, but he had many other favorites, among them Lady Congreve, who was older than his mother; Mrs. Anne Mulcaster, lady Jersey; the Marchioness of Conyngham and various actresses. One morganatic marriage, that of Edward IV to Lady Elizabeth Grey, caused a revolution which unseated the King temporarily. It was per- formed in secret. Edward's favorite was not his wife, but Jane Shore. British royal friendships with com- moners have been far more frequent than marriages. Edward VIII's grand- father, Edward VII, had his woman friends, among whom was the actress, Lily Langtry. His friendship cooled somewhat after she dropped a piece of ice down his back at a dinner. George II spent many of his eve- nings with Henrietta, Countess of Suf- folk. She separated from her hus- band by “articles of agreement” and the husband received a pension of £1,200. James II and Charles II were noted for their woman friends. ‘Bar- bara Villiers was a favorite of each, a3 witness Pepy’s diary. Nell Gwynne was the subject of books. Queen Elizabeth’s loves have been told on the stage, but the most fa- mous of all royal friendships was probably that of Henry II and Jane (Fair Rosamond) Clifford. ‘lenny- son and Swinburne wrote poems about the labyrinth maze in which she was supposed to have been kept; Sir ‘Walter Scott added his bit, and Addi- son and Barnett made operas on the subject. - TWO GIVEN REPRIEVES ON THRESHOLD OF DEATH Gov. Horner Acts on Eve of Electrocution of Convicted Murderers. By the Associaied Press. 5 CHICAGO, October 23.—Two con- victed murderers, Peter Chrisoulas and Joseph Rappaport, came within seven hours of death in -the electric chair last night before they were granted reprieves by Gov, Henry Horner, Both were given stays of execution until December 4 upon the recom- mendation of the Pardon Board that for approach of s 13-year-old girl that Chrisoulas had molested her. Rappaport was convicted for the | Night Final Delivered by Carrier | | Anywhere in the City ' Full Sports Race Results, Complete Market News of the Day, Latest News Flashes from the World. Whatever it is, you'll find 1t in The Night Final Sports Edition. by earrier—70c's month, Call National 5000 and service | &% once, - will start —Star Staff Photos. EMPLOYERS' AID ASKED BY DALBY Compensation Commission Counsel Seeks Co-opera- tion in Enforcing Law. Z. Lewis Dalby, general counsel for the United States Employes Compen- sation Commission, today asked co- operation of employers throughout the | city in enforcing the District work- men’s compensation law, following im- | position of the first jail sentence for | its violation, in Police Court yesterday. Nick Cladis, huckster, was sentenced to a year's imprisonment when he pleaded guilty to a charge of non- compliance in his refusal to take out proper insurance for his employes. Judge Casey ordered the sentence suspended, however, when Cladis agreed to comply with the law, pay the award of the commission to the injured man, and it was shown he had made a proper settlement with a worker injured several years ago. Dalby today served notice on em- ployers who are not complying with the compensation law that in the fu- ture he would not be satisfied with fines when convictions were secured in court, but would ask jail sentences. Other Cases Probed. Several cases are now under in- vestigation, and in several more court action is imminent, Dalby said. “An investigation has shown that the larger employers are complying with the law generally and that it is the small employer who tries to ‘cut corners,"” he said. “There are so many of the smaller employers, however, that only co- operation by the workmen themselves will enable us to enforce the law strictly. Discovery in advance of employers who are not complying will eliminate the possibility of not re- turning for home and spilled the cap- tain of the present Olympic squad, thereby placing the North Americans in second place. The final score was Chile 8 faults, the United States 11,, which means that only one knock- down is needed to set the home coun= try ahead when international team competition is resumed. Jumping Resumes Saturday. Meanwhile today the individua! mili- tary riders will have a chance to set- tle old scores. The team jumping is to be resumed on Saturday and Sun- day, as will the hitterly fought rivairy between the interstate aggregations of Maryland, Virginia and the Dis- trict. That scramble for local honors opened with the Maryland outfit ap- parently rank outsiders because of preliminary injuries to its regular riders, and ended with the Free State winning the initial tussel by virtue of two brillant performances turned in by Pred Hughes, jr’s Black Caddy and Penton Fadeley's Lacquer Lady. The Mexicans, who have been in training in this country for six weeks, skidded down to the dark horse status in the international league when Capt. Barriga on Mayab, one of the more reliable Central American horses, lost the course and compelled his teame mates to take the score of the three re- maining horses, Four Mounts in Military Teams. The military teams each put forth four mounts, and are allowed to choose the best three scores to represent their | aggregate. That system left the Mexi- cans with a total of 313 faults, and it also imposed upon the United States to the extent that Dakota's score, per- fect up to the thirteenth fence of the 15-obstacle course, had to be thrown out entirely. ‘The Chileans seem always to blossom under the influence of a keen crowd and a beautiful setting. Yesterday they had both. All the pomp and cir- cumstance of military ritual attended the introductory meet, and the 2,000 spectators responded generously to every able showing. As slight compensation for a jinxed defeat in the team event, the North American horsemen carried off every ribbon in an open jumping class that wound up in late twilight. Lieut. R. W. Curtis on Dinget won the blue in that division, with Lieut. Frank Henry of the Fort Myer horse show team second on Clipped Wings; the Olympic horse show squad’s Fralax third and Ma). James Duke of Fort Myer fourth on Hats Off. Since darkness eliminated the plausi- bility of the scheduled hunt team event, that affair was set over until today. It is to be run off at 1 pm, an hour earlier than the regular show opening. Summaries on Contests. Summaries, first day: Open hunters—Performance, 60 per cent; conformation, 40 per cent. First covering compensation due after an accident.” Dalby said in the future employers’ negligence “would no longer be tol- erated.” Explaining that all employers, with the exception of four groups, must se- cure compensation insurance or re- ceive permission from the commission to act as their own insurance agency by setting up adequate reserve funds for that purpose, Dalby asked work- men throughout the District to report violations to R. J, Hoage, deputy com- missioner, whose office is on the fourth floor of the Ouray Building, Eighth and G streets. Employers must com- ply with the law even when only one employe or a part-time employe is concerned, he said. Companies Given Cards. ‘Employers who have complied with the law are given, printed cards to display in their plants or shops, in- dicating whether the company is cov- ered by a compensation insurance policy or is self-insured. “When no such card is displayed in s plant or shop, that is prima facie evidence that the employer has not complied with the law,” Dalby said, “and his case should be reported im- mediately to the deputy commissioner.” ‘The four classes of persons exempted by the present law are domestic workers; agricultural workers; workers whose employment is casual and not in the course of the employers business, and workers on common carriers by railroads in inter-State commerce or wholly within the District, Dalby ex- plained. Maine (Continued From First Page.) —Spring Hope, Llangollen Stables; second, Cypress Des Beau, Llangollen Stables; third, Spring Miss, Ritticor Brothers; fourth, Two Leggings, Llan- gollen Stables. Three-day competition: Interstate team jumping-First, Maryland team (Hunger Marcher, Lacquer Lady, Black Caddy and Re- porter); second, Virginia team (Nip, Scout, Santa Claus, Spring Miss); third, District of Columbia (Rocksie, Randle's Pride, Randle's Way, Apple Jack). Dressage exhibition, Maj. Hiram E. Tuttle riding Si Murray. Jumping —Open to all— First, Dinger, United States Army, Lieut. R. W. Curtis; second, Clipped Wings, Fort Myer, Lieut. Frank Henry; third, Fralax, U. S. Army, Lieut. J. O. Curtis; fourth, Hats Off, Fort Myer, Maj. James Duke. Transit (Continued From First Page.) tension of the number of cars in its one-man car fleet. Elgen recalled that the company had eliminated the worst of its oldest and most unsatisfactory street car tracks, by adopting a regular program of replacement. He said: “proceeding along the same lines, it appears to me, and I have so ad- vised the other members of this com- mission, that similar plans should be prepared for the replacement of the oldest, slowest, least adequate and modern of your street cars. Definite Program Asked. “There can be little question that your company could afford to replace a certain number of these cars year'y until all, that should be, will have been replaced. I wish that you would present such s program to this com- mission for consideration at the earliest possible moment. “In my judgment such a plan should contemplate the replacement of the oldest of those cars now in service with the most modern type of street car presently available and at a rate of not less than 50 cars per year, the from | first 50 to be in service not later than the middle of 1937. Some such plan “I would like to have a proposal from you as to your future plans with respeet to the replacement of the least modern of your present equipment.” Juniata College Elects Head.