Evening Star Newspaper, March 30, 1937, Page 2

A—2 %% 3 NEWSPAPERS LEAD 1335 ADVERTISING Census Bureau Report on Agencies Puts Volume at 317.7 Pct. of Total. Newspapers and magazines repre- sented the greatest advertising medums during 1935, it was said today by Wil- liam L. Austin, director of the Census Bureay, in announcing publication of a report on advertising agencies in that year as a part of the current census of business. The report shows that of $405,888,- 000 billed to clients by agencies in 1935, newspapers handleq 37.7 per cent of the total, or $153,152,000' while general magazines, agricultural papers and religious papers handled $107,- 830,000, or 26.5 per cent of the total. Radio networks, radio spot broad- casting and radio talent accounted for 156 per cent, or $63,307,000 of the total billing handled in 1935 by ad- vertising agencies, it was reported. ‘The report covers only establish- ments which contract for space or other advertising media and place the advertising of the client on a commis- sion or fee basis. It includes 1212 establishments with a revenue of $70.840,000. There were 583 active proprietors and an average of 13,039 employes during the year. The total pay roll was $41,186,000, of which $40,855,000 was paid full-time workers. CAPITOL STREET GRADING URGED Army Asks Commissioners to Au- thorize Wark Along Boll- ing Field. ‘The District Commissioners yester- day were requested to authorize the rough grading by the Army of South Capitol street extended along the eastern boundary of new Bolling Field. South Capitol street eventually will ‘become the main approach to the new field and an important traffic connec- tion between the Eleventh Street Bridge and the George Washington Parkway. Earth to be removed from the sec- tion of the proposed South Capitol street extension south of - Portland street will be used in grading the new flying field. Approximately 100,- 000 cubic yards will be removed. . South Capitol street is to be ex- tended eventually from Firth Sterling ‘hvenue to a point south of Portland street where it will intersect another proposed road to be known as Overlook Drive, which will connect with the Fort Foote Parkway. South Capitol ptreet will curve eastward from this Intersection and connect with Nichols avenue near the entrance to the Naval Research Laboratory. Grading of the street along the east- ern boundary of the flying field is necessary to permit construction of buildings on the grade of the new street, it was explained. RUM TRUST PROBE ASKED IN HOUSE Fuller Introduces Resolution De- claring That Distillers Have Monopoly on Business. TInvestigation by a congressional com- Mmittee of five “to determine whether the distillers and their associates have & monopoly upon the liquor business and are violating the anti-trust laws and whether they are receiving special favors and being aided and the law evaded by Government officials under their control and domination,” is asked in a resolution introduced in the House today by Representative Fuller, Democrat, of Arkansas. “There is no doubt of the existence of a whisky trust and a bottle trust,” Fuller said. “For 30 years Dr. James H. Doran was in the Treasury Depart- ment, administered the law during Jprohibition and built up the personnel :of the Alcohol Unit in which there are -practically no Democrats holding a key Jposition. He was appointed on the interdepartmental board and drew up the rules and regulations for the N. R. A alcohol control, as well as the orders of the Treasury Department «and now appears at all hearings, and :as a result of his influence no ruling has been made except with his ap- iproval. When he had well performed his task to the great satisfaction of the liquor and bottle trust he was “hired by the Distilled Spirits Institute t & salary of $30,000 per year and +has since been raised to $50,000 an- nually,” Fuller said. 'D. C. MASONS HONOR CROMELIN AT DINNER ‘Grand Master Given Testimonial by B. B. French Lodge at Willard. Paul B. Cromelin, grand master of District Masons, was honored last night at a testimonial dinner at the Willard Hotel by Benjamin B. French Lodge, No. 15, F. A. A. M., of which he once was master. He was presented a gold-embossed souvenir and elected a life member. After the invocation by Rev. James H. Straughn, president of the General Conference of the Methodist Protes- tant Church, Rev. John C. Palmer, grand Masonic chaplain and past Mmaster, praised Cromelin for his work 1in the lodge. In response, Cromelin spoke on the seven past District grand masters who belonged to the Benjamin B. French Lodge. Forty-two of the 46 masters in Washington were present. Henry Gilligan, worshipful master, presided. NEW FARM ECONOMICS BUILDING IS OPENED A new building was made available yesterday for research activities of the Bureau of Agricultural Economics centering about the standardization of farm products. The six-story structure, to be known as the Stan- dardization Building, is located a8 Twelfth and C streets southwest, near the south building of the Department of Agriculture, in which other bureau activities are housed. In early April, equipment for about 150 technical and scientific workers will be moved into the new structure from the old Standardization Building on C street. The old building will be razed for the annex of the Bureau of Engraving. [ 4 Washington Wayside Tales Random Observations of Interesting Events and Things. HAUNTED. LIFFORD K. BERRYMAN, The Star cartoonist, has drawn so many cartoons about the Supreme Court issue that he can't escape it even in his dreams. Last night, for example, Mr. Berryman dreamed he was appointed to the Supreme Court by President Roose- velt. When Mr. Justice Berryman put on his robes for the first time, he invited the other solons to meet him at Fourteenth and Pennsylvania avenue,- where the “Go” on traffic lights turned into “70” and abashed Mr. Justice Berryman and his friends then went to a theater to- gether, later dined at a leading hotel. Since it is customary for a new member on the bench to treat the other Supreme Court judges to a dinner, Mr. Berryman called for the check. A waiter brought it. It was $292. Mr. Berryman woke up with a violent start. * % ¥ x PRECAUTIONS. From a Georgetown newspaper: “No runaways this week to re- cord, but that is no reason why horses should be allowed to remain unhitched on our thoroughfares.” Certainly isn’t, especially since the Traffic Bureau has put in all those strong new hitching posts. (P. S—The paper, if you want to read it, is in the Peabody Room of Georgetown Library. Date, about 1880.) * ok X % SERENADE. IF IT were not for the natural rest- lessness of cowboys confined in cubby holes the size of street cars or busses, we would have a pencil sketch from the hand of Miss Mary Small of Hyattsville to illustrate this story. Miss Small tells us she was riding a Friendship Heights street car the other night when a long, lean indi- vidual wearing a 10-gallon hat, boots, spurs, red shirt, bright bandanna, chaps and a steel guitar, climbed aboard. He sat down and a youngster across the aisle grinned at him en- gagingly. Thereupon the cowboy whipped out a small harmonica and warmed up on “Red River Valley” and “The Wreck of Old 97.” He then pulled out another harmonica and began double-timing the pair of them, work- ing on more wistful ballads. Next he fastened one gadget on a stand where he could reach it, and strummed an accompaniment on the guitar. The passengers were having a fine time, some of them riding past their home stops to see the show out, when the youngster suddenly arose and left. Immediately the cowboy music- maker stopped, put his harmonicas away and sat staring out the window dreamily. He was so fidgety, how- ever, that our Miss Small couldn't finish the drawing of him she had started while music and youth calmed his spirit. PROPER NAME. UR personal nomination for the most appropriately named non- commissioned or warrant officer in the Army is Warrant Officer A. L Toufanoff, who has just been trans- ferred from the Philippine sector to the Harbor Defenses at Sandy Hook, N. J. He is in the Army Mine Planter Service, too, one of the toughest branches for tough soldiers. * x K ox NO FEATHERS? An English lecturer, who was here on a special assignment last week, confided to a friend that before returning to the British Isles he would like to take a look at a full- blooded American Indian. The friend suggested going to the office of John Collier in the Bureau of Indian Affairs, as Mr. Collier prob- ably would know if any Indians were in town. Lecturer went to the bureau, ex- plained his mission to a trim, busi- ness-like secretary in an outer office. “That's easy,” said she, pleas- antly. “I am a full-blooded Amer= ican Indian.” * ok K X MAGICIAN. THE correspondence division of the Federal Communications Com- mission recently received several let- ters from an amateur radio genius, describing his experiences in picking up programs from Cuba, Australia, Zanzibar and wherenot. Eventually came the prize letter, announcing that he had apparently snared some “dead” ether waves. The program he de- Philippines about a month before. A young man with the commission was assigned to write an official answer. He did. He sat down and penned long, beautiful words of praise, and at the end asked the fellow if he would mind -casting about & bit, on the chance he might be able to pick up Washington’s Fare- well Address. * x % % INSPIRATION. ANY ONE who has done any pro- fessional writing, or wants to, has at one time or another awakened in the middle of the night fully con- vinced that a brilliant, clever dream Jjust completed would make a superb short story, novel, play or cinema. Normally, the scribe then rolls over and goes back to sleep off the inspira- tion. The next morning it is gone. A lady journalist we know made & firm resolution not to waste any more of the inventions of her sub- conscious mind, which seemed to be 20 lengths ahead of the conscious in thinking up good stories. A few nights later she had a vivid dream, woke up, decided instantly that it would be a sure thing as s fllm scenario. She struggled out of bed, scrawled & few ) scribed had been broadcast from the | FOUR DETEGTIVES ORDERED DEMOTED Piaces Immediately Filled. Shake-up Also Affects Motor Cycle Officer. Four precinct detectives and one motor cycle officer were demoted by order of the District Commissioners today on recommendation of Maj. Er- nest W. Brown, superintendent of po- lice. The places of the detectives were immediately filled, effective April 1. The precinct detectives demoted for cause are William B. Satterthwaite, Robert L. Jones, Henry Rinke and Nel- son G. Thayer. Their demotion was ordered, the Commissioners said, be- cause “They had not discharged their duty as precinct detectives in such manner as would justify their con- tinuance in this service.” Pvt. Foster J. Rowen of the motor cycle force was relieved of duty for “Not having performed his duties to the satisfaction of headquarters.” Each of the precinct detectives will lose $240 additional pay per annum and Rowen will forfeit his extra pay of $120 per annum. The shake-up followed a six-month investigation by a committee of in- spectors assigned to check up on effi~ ciency of precinct detectives. In making their order public the Com- missioners did not give out the report or state the specific charges which may have been responsible for the de- motion of the five men. The four new precinct detectives promoted to fill the vacancies are Pvts. Joseph P. Comiskey, transferred from the motor cycle force; Luther C. Wise, Richard J. Felber and Irving Rosenburg. They will receive the additional pay alloted to precinct de- tectives. The Commissioners did not add a new man to the motor cycle force to replace Pvt. Rowen. In another order the Commission- ers transferred Pvt. Willlam E. Bricker of the motor cycle force to the White House police force, which is regarded as a promotion. Pvt. George O. Burk- ley, jr., was assigned to the motor cycle force with additional pay of $120 per annum. The investigation into the ef- ficiency of the precinct detectives was conducted by Inspectors Edward J. Kelley, Maurice Collins and Willlam E. Holmes. o Mattson (Continued From First Page.) | latest “suspect” in the Mattson kid- nap-murder case are en route to head- quarters here of the Federal Bureau ing,” it was learned at the Depart- ment of Justice today. Pending this examination, officials of the F. B. I. declined to comment jon the arrest in Tucumcari, N. Mex., of a man giving the name of Vern | Charlton and his residence as near Tacoma, scene of the slaying of the Mattson boy last December. J. Edgar Hoover, director of the bureau, was reported out of the city, but not on his way to New Mexico. He has been away from his office for several days on another matter, it was said. Officials here evidenced no undue ex- citement over the arrest of Charlton, ‘whn is said to resemble drawings of the Mattson boy's kidnaper made re- cently by James T. Berryman, Star cartoonist, who was commissioned by the F. B. L to sketch a “conception’ of the killer from descriptions given by eye-witnesses of the abduction. Literally scores of “suspects” have been picked up and released after care- ful investigation since the drawings of the bearded kidnaper were circulated throughout the Nation on “wanted” posters, Handwriting of the Tucumcari prisoner cannot be compared with the ransom notes in the Mattson case be- cause the only handwriting in those notes was that of the victim, officials have disclosed. The other writing was done with a 10-cent-store rubber type outfit. A few smudged fingerprints were obtained, but their possible value for identification purposes is understood to be doubtful, as there is no assurance they were made by the slayer. POMPEZ SEEKS RELEASE. MEXICO CITY, March 30 (#).— Alexander Pompez, held by police at the request of the United States Em- bassy, sought release on a writ of habeas corpus yesterday in his fight against extradition to New York City charge. Pompez maintained participation in numbers games was not an extraditable offense, and declared police were “try- ing to make a big-time criminal out of me.” Pompez was arrested Sunday at the request of Thomas E. Dewey, special rackets prosecutor in New York. He only laughed at first at Mexican reports that he was wanted for ques- tioning about the kidnaping of Charles Mattson, but later explained he was in ‘Washington from December 23 to 27. The United States Embassy awaited arrival of papers from New York be- fore starting formal extradition pro- ceedings under the treaty with Mexico. der the treaty, before the move was initiated Stevens (Continued From First Page.) to campaign for the President’s Su- prfeme Court reorganization measure. In a letter expressing regret that Stevens felt constrained to quit the commission in-order to work for the court enlargement plan and also for tax reforms in New Hampshire, his home State, the President asserted his belief that the right of members of the Tariff Commission and other inde- pendent agencies to speak out on pub- lic matters “could not be challenged.” He gave his “highest commendation” to Stevens for his decision to “sacri- fice” his post on the commission. Stevens, a Democrat, was a member of Congress from 1913 to 1915, and for three years prior to 1920 was vice chairman of the shipping board. His home is in Landaff, N. H. sleepy notes, returned to her pillow convinced that she had the essence of great drama tucked away on the bedside table. Next morning she read her plot out- line. It was an original masterpiece, all right, opening with a scene in which the handsome hero fell into an open manhole. The rest of the story was about the same, no worse, thank you. __THE EVENING STAR, WASHINGTON, D. C., LAWNCONDITIONED AT WHITE HOUSE Grourds Cleared of Debris Left by 53,180 Children and Adults. Caretakers today conditioned a lawn trampled by the biggest crowd which#ever turned out for an egg- rolling at the White House. Half & hundred laborers were clear- ing the grounds of debris left by 53,180 children and adults during the annual Easter celebration. The near- est approach to this record was in 1935, when 51,391 persons attended. President Roosevelt appeared on the south portico yesterday afternoon and greeted a huge crowd which had been assembled for three hours. He was cheered and applauded as he made a brief talk. The President said that he was sure a record-breaking crowd would be on hand before the gates closed. “I suppose,” he added, “that 50,000 people will be here before sundown. “I wish very much that I could be out there rolling eggs with all of you this afternoon, but I was forced to accept a substitute. I had my eggs for breakfast this morning.” The President remarked that he noticed quite a few “grown-ups” in the crowd, and this was followed by & burst of laughter. It was apparent that at least half those present were adults. Only those grown-ups accompanied by a ehild under 12 years old were admitted during the morning and early afternoon. Many children, however, were accompanied by both parents. Others made money as usual by escorting adults through the gates for a consideration. The “lost and found” department was one of the busiest on the grounds. A section had been reserved for lost children on the lawn near the south portico. Into this inclosure were brought the | strayed youngsters. The lost boys and | girls were hunted by Boy and Girl Scouts and members of the Girl Re- serves. They brought the children to the “pe: as they called it, and then went in search of the parents. “I want my mamma,” sobbed a tiny girl as she was led into the “pen.” “Now, mnow,” consoled the Girl| Scout, “you mustn't cry. We'll play | skip the rope.” “I want my child . “Why?" asked the Girl Scout. “I want to tell her I'm lost,” cried | the girl. At least 180 lost children were re- turned to their parents and Red Cross mama,” wailed the | of Investigation for “routine check- | for prosecution on a policy racket Pompez could be held for 40 days, un- | nurses were busy with minor casual- | | formed most of the injuries. Doctors said no one was seriously hurt. | several circuits of the lawn. On one occasion she led her 5-year-old grand- | son, William Donner Roosevelt, by the hand as she circled the grounds. The Marine Band entertained the | general public during the late after- | noon and several juvenile bands played for the children and their es- | corts in the morning and early after- | noon Up until the time the gates were | | opened to the general public at 3| o'clock, 42,0006 children and their | guardians had entered. The remain- | | der of the record-breaking crowd | came in after the ban was removed | on adults not accompanied by chil- | dren. Slayings (Continued From First Page.) | question every person listed in the | book. Although referred to as a “diary,” Owens said the book, a cheap, paper- backed note book kept in pencil, chief- | 1y listed artists for whom the popular | model posed, friends with whom she | had “dates,” their addresses and tele- phone numbers. It was not, he said, a day-to-day recital of her activities. Police appeared to attach little significance to the latest of meager clues that include tiny bits of grey hair and shreds of skin taken from under the fingernails of the model, who had been strangled to death. Heavy Drinking Indicated. Autopsy findings showed that the model had been drinking heavily be- fore she arrived home at 3 o'clock Eas- ter morning and, apparently, encoun- tered the murderer who earlier had throttled her mother, Mary Gedeon, and stabbed to death Frank Byrnes, | the English waiter who occupied a room in the five-room apartment. Detectives professed to be “up| against a stone wall’ as they con- tinued their questioning of Gueret, 46- year-old former chauffeur for Jonn Beck, president of the Bank of Mex- ico, after announcing yesterday that his discharge from technical custody was only a matter of hours. Gueret, a former roomer at the Gedeon apartment, gave the police what they termed an “ironclad alibi” to account for his movements Satur- day night and early Sunday. He de- nied that he ever had quarreled with the Gedeon family or had any pert in the crime, latest in the recent succession of New York's “sex mur- ders.” Gueret, after going out to breakfast with detectives from the same room in the Fifty-first street station where John Fiorenza confessed to the bath- tub slaying of Nancy Titterton, re- turned for further questioning. ‘I know nothing about the murders,” he told reporters. “On Saturday I worked until 11 p.m. and went home. My landlady will tell you that.” Denies Quarrel. Cheerful, and apparently under no strain, Gueret became slightly indig- nant when asked if he had quarreled last week with Jean Carp, a friend of Veronica Gedeon. “I never have quarreled with her. I never fight with any one,” he said. Mrs. Ethel Kudner, married sister of the slain- girl, who came to the apartment Sunday morning with her father when the latter discovered the bodies, said that “Frenchy,” as the family knew him, “made a nuisance of himself borrowing money from my mother.” “He used to pester mother to death,” she said. Gueret readily admitted getting | small sums from Mrs. Gedeon. “Sure,” he told detectives. “I bor- row 25 cents and 50 cents from Mrs. Gedeon, but I always pay her back.” Joseph Gedeon, husband and father of the slain women, visited the police station briefly last night. Asked about some 50 pictures of nudes found in Gedeon's pockets, Edward Mullins, in charge of detectives of the homi« cide squad, replied shortly, “He thought they were art.” | minister president, declares: Two Quizzed in Triple Slaying TUESDAY, MARCH 30, 1937. Left: Stephen Butter, securities messenger for a Wall Street house and escort of Veronica Gedeon, slain artist’s model, Saturday night. A new studio portrait of the slain girl. - : Robert Fowler, whom the model wed when she was 16, after being questioned by po- lice. Fowler could give no information to aid in solving the case. Their marriage later was annulled. Center: Right: He said good-night ADVOCATE AUTO INSPECTION LAW Commissioners Indorse Semi-Annual Check in Traffic Reform Plan. Enactment of the bill requiring semi-annual mehanical inspection of all motor vehicles in the District was urged on Congress yesterday by the Commissioners in a report on a long list of proposals for improving traffic and safety conditions. Belief that the plan would bring about substantial reduction in fatali- tles and accidents was voiced by the Commissioners. at her door at 3 a.m. Sunday. —Copyright, A. P. Wirephotos. Labor Claims Law’s Protection Of Right to Remain at Work| [Main Reliance, However, Is in Present- the State With Fact of Thou- sands Occupying Plants. This is the third of a series of articles on the sit-down strike. In BY THOMAS R. HENRY, Btaff Correspondent of The Star. ing I DETROIT, March 30.—The amazing feature of this epidemic of sit-down | ties. Skinned shins, cuts and bruises | strikes is that they persist although obviously illegal. It requires a lot of superfine rationalization to make out a case for any man occupying another man's property During the day Mrs. Roosevelt made | of the United Automobile Workers of America have been able to present such a case, even with their tongues in their cheeks, is at least a tribute to their intelligence and to the efficacy of thee: e sort of education dispensed at Brook- wood and Commonwealth Colleges. In the first place they admit the rights of private property. This is essential if they are to be consistent with their oft-repeated protests that they have no leanings in the direc- tion of communism and that their tactics are within the law as it now exists. But they are fo ced to stretch to its oreaking point the meaning of the term “private propertv’—to set up the contention that a man’s job is his property in about the same sense as his house, his factory or hiz auto- mobile If any court can be brought to admit this the whole issue of legality, of course, s placed in an entirely dif- ferent light. The sit-down striker is protecting his job—his private prop- erty. .he contention is clearly ex- pressed by Wyndham Mortimer, vice president of the U. A. W. A, as fol- lows: “Is it wrong for a worker to stay at his job? The laws of the State and Nation recognize in a hundred ways that the worker has a definite claim upon his job. More fundamen- tally, it 1= recognized that every work- man has a moral right to continue on his job unless some definite miscon- duct justifies his discharge. These sit-down strikers are staying at their workplaces. Nowody has a better right to be there than the men themselves. No one else, certainly, has any right to these positions. The sit-down strikers have performed valuable services in those factories. General Motors and the public alike have profited by these services. To call them trespassers now, and to deny their right as human beings to re- main with their jobs, is logically un- sound and is manifestly unjust.” Right to Job Held Sacred. And Homer Martin, the union’s ex- “What more sacred property right is there in the world than the right of a man to his job? This property right involves the right to support his family, feed his children and keep starvation away from his door. This property right is the very foundation stone of American homes. I' is the .aost sacred, most fundamental property right in Amer- fca. It means more to the stabilization of American life, morally, socially and economically, than any other property right.” » pamphlet just issued by the union’s educational department states the issue as follows: “The sit-down strike has served notice on society that mere ownership does not carry with it all possible rights with reference to a factory. Those who work in it, who make it produce with their labor and depend upon it for a livelihood should likewise have a voice in its control. Those who invest their lives in an in- dustry have at least as much at stake as those who merely invest their money. It is interesting to note that, in the sit-down strike, workers are re-establishing control over the tools of production which the: lost with the industrial revolution.” But, the pamphlet admits, “this theory will be rejected by most judges today. In time it may be accepted as good law. The legal concept of prop- erty rights has changed and developed with usage.” This seems to be the heart of the whole concept. The law will follow usage, the strikers claim, rather than usage follow the dead letter of the law into a status of society to deal with which it was not framed. A cardinal principle of law, they claim, has been the undisputable right of a workman to his tools. His furniture can be seized, his home taken away from him, even the clothes taken off his back, but no sheriff can take possession of his tools—presumably his sole means of livelihood. He can sit on his tool box and defy the world. Old Rights Now Meaningless. This was very fine in its day, the automobile union officials say. It was a clear recognition by the law itself of a man’s inalienable property right in his means of livelihood. But the specific rights defined to support the without his consent. That the officers plicable to conditions of the eighteenth and nineteenth centuries, when, by and large, every worker was in busi- ness for himself. Now the specific | rights, due to a change in the whole | set-up of society, are meaningless ex- | cept to & very small group of workers. An individual can’t possibly own the “tools” of automobile making. OneeI & man’s indisputable possession of & hammer, saw and planer was recog- nized as essential to the well-being of society. The development of industry ! has done away with this safeguard for i the individual, as specifically defined. Is the individual to lose this basic | right to his job just because conditions | have changed due to forces beyond his control? The old-style strike, the U. A. W. A officers claim, gave the worker no safe- guard. The best that could be done was to establish picket lines to pre- | vent, if possible, strikebreakers being | placed on his machine. In Michigan | picketing happens to be illegal. Even | | where it is legal, this system leads to | | injury to strikers, police and strike- | ‘breakers. and injury to property. All this appears on the surface to be | very fine-spun rationalization. Cer- | tainly only an extremely philosophical | and modernistic judge would accord much consideration to it, as a legal argument. The strikers admit that they really don't put much stock in it themselves, so far as the present is concerned. Depend Upon Realism. ‘What they actually depend upon is not legalistic rationalization but realism. When a thousand men oc- cupy a plant, what is the law going to do about it? Break down the doors and shoot them? Starve them to | death? Drag them all off to the al- | ready overcrowded jails and feed | them at the State’s expense? Risk the | wholesale destruction of property which any of these procedures might incur when, as it is, the occupied property is kept religiously intact? This seems to be the real challenge of the “Michigan revolution"—a term which has crept into the outside press and which all the Detroit papers are doing their best to ridicule. “Pure anarchy,” was the comment of a General Motors official on the le- galistic rationalizations of the strikers. “The law protects private property. It's the duty of the State to enforce the law.” “But,” says the striker, “my job is my private property. The law protects private property. Therefare, it's the duty of the State to uphold me in pro- tecting my job.” —Ju_d}ciary (Continued From First Page.) submitted had been carried over. The only cases carried over in re- cent years were those in which peti- tions for certiorari were filed too late to be distributed for consideration prior to the adjournment of the term and cases in which writs of certiorari were granted and appeals in which questions of jurisdiction were passed upon too late for argument prior to the suspension of the docket for the term. Ruling Is Cited. In his testimony, Griswold cited the ruling of the Supreme Court yes- terday in the amended Frazier-Lemke act as proof that all the blame for the unconstitutionality of laws can- not be placed on the court. “The original Frazier-Lemke act, hastily drawn, was declared uncon- stitutional in a unanimous opinion. ‘Then the bill was redrafted, with great care to meet the constitutional ob- jections raised by the court. That amended law was unanimously up- held. This would seem to indicate that at least some of the blame for the unconstitutionality of laws rests on Congress and not the courts,” Gris- wold said. years old. He added that he was graduated from Harvard Law School in 1928 and appointed Assistant At- toraey General in 1929, serving five | years in that capacity before taking his present post at Harvard. “Do you think anything in eco- nomic or social conditions could alter | the views of the four justices who dis- | sented in yesterday’s minimum-wage | decision?” Logan inquired. | Griswold then told of a decision by Justice Sutherland in 1930 upholding the right of a defendant in a crim- | inal case to waive a jury trial. This | ruling by Justice Sutherland was at variance with the established rules of | law and, according to the witness, indicated the justice had acquired a newer and more enlightened outlook. “It may seem rather surprisinz for me to be defending Justice Suther- land,” the law professor declared. “but that decision indicates that even he impervious to changing condi- Argument Attacked. Prof. Griswold attacked the argu- ment advanced in support of the bill that it is in accord with storical precedents. This argument, he said, is quite without substance. “We have been told that the num- bers of the court have been changed on several previous occasions in our history,” he said. “This, of course, is true; but it will not do to jump to conclusions that those oceasions had anything in common with the present one.” The witness said the key to almost all past changes is found in the fact that until a comparatively recent time the justices of the Supreme Court were required to go on circuit, actually to preside at trials in trial courts in the several States 10 which each was as- signed. He said that in 1801 the last Federalist Congress passed an act creating circuit judges to preside in the Circuit Courts, relieving the Su- preme Court justices of that duty. For that reason the act provided that the next vacancy which should occur in the” Supreme Court should not be filled, thus reducing the Su- Before that vacancy ever occurred a Jefferson repealed the entire statute and restored the duty of circuit riding to the members of the Supreme Court. First Increase in 1807. The first actual increase in the numbers of the court was made in 1807, the witness said. to make the circuit riding somewhat easier. And in 1837 the court was increased from seven to nine for similar reasons. The next change from 9 to 10 justices came in 1863. It was to take care particularly of the California situa- tion and to help keep that State loyal to the Union. After the Civil War Congress developed a bitter hostility for President Andrew Johnson. It sought to prevent him from making any appointments to the Supreme Court and passed & law in 1866 pro- viding no vacancies in the court should be filled until the number had been | reduced to seven. Two vacancies did | occur before the end of John.son's’ term and the court was reduced to eight. When President Grant came! into office in 1869 a statue was passed | restoring the court to its membership | of nine. | Prof. Griswold emphatically demed\ the story that Grant had packed the | court, The witness said that he thought| that the majority of the Supreme Court | “has sometimes taken a view which | seems too narrow with respect to cer- tain clauses of the Constitution,” the due process and interstate commerce | clauses. Despite this fact, however, he | insisted that nothing should be done that would interfere with the inde- | pendence of the judiciary. He insisted that “our system would, in fact, be| changed if this bill goes through. We would then have established the p(>i tential dominance of the executive | branch of our Government.” “There are at least two ways of get- ting rid of judges,” he continued. “One is to take them out and shoot them, as they are appointed to do in at least one other country. The other way is more genteel, but no less effective. They are kept on the public pay roll, but their votes are canceled.” WOMAN BARS COTTAGERS WAUKEGAN, Il (#)—“A womar with a gun won't let us go to our cottages on Loon Lake,” two frantic Chicagoans telephoned the sheriff's office here. Two deputies found Mrs. Ottailla Frank, 68, standing guard with a hoe and hedge clippers over O. H. Langash and Alfred Logan who sat meekly in their automobiies. “It’s these furriners,” Mrs. Frank snorted at the non-plussed deputies.” They don’t help keep up the road. ‘These furriners ain’t going to use it till they promise a day’s work on it.” Mrs. Frank was booked on a dis- The witness told Senator Logan, broad basic right were especially ap- | Democrat, of Kentucky that he is 32 " orderly conduct chargs. » e L 3 preme Court from six to five members. | new Congress under the leadership of | While submitting estimates of the cost of many traffic engineering plans considered at the past session by the House District Subcommittee headed by former Representative Randolph Carpenter, Democrat, of Kansas, the city heads stated That prohibitions against left-hand turns will be extended to additional streets as fast as surveys can be com- pleted. More One-way Streets. That additional arteries would be designated as one-way streets, as suggested by the Carpenter Subcom- mittee. That later reports would be sub- mitted dealing with the proposed adoption of a skip-stop system for street cars and busses, the proposed limitation of the number of taxicabs and on the establishment of addi- tional playgrounds as a means of keeping children from playing in the streets. It was a progress report primarily and dealt mostly with estimates of the cost of the wide range of traffic en- gineering plans which had been con- sidered by the Carpenter Committee. The cost of all suggestions, it was found, would be in excess of $10,000.- 000 in the proposed five-year program There were recent reports that the 1938 District budget would contain $30,000 for the preparation of de- tail plans for the proposed K street viaduct as a traffic by-pass for Georgetown, for a street car subway for Dupont Circle, for the revampir~ of both Scott and Thomas Cir” and other projects The commissioners said they felt there was opportunity for “material improvement” of the traffic situation through adoption of suggested changes. Discussing the recommendation that Congress provide for an increase of at least 10 per cent in the person- nel of the police department, and that the size of the motorcycle force be raised to 100, the commissioners said: “An effort has been made by thc police department and the comm sioners for additional funds to in- | crease the personnel of the department to the number recommended by the commit but so far there has bee no additional appropriation.” Touch on Enforcement. With respect to a recommendat: that enforcement and judicial ofi cers continue to bring about & re duction in accidents by a vigorc policy of “certain punishment” i cases of speeding, reckless driving anc other serious violations, the report said: “Recommendation of the commit- tee is being carried out insofar es the police department is concerned as Maj. Brown states that 75174 traffic arrests were made in 1935, and 88,404 in 1936, which shows an in- crease of 13,230 On the recommendation that the Board of Revocation and Suspension continue its policy of suspending per- mits in speeding cases and extend that policy to include other serious violations, the commissioners com- mented “During the last fiscal year, 2,255 permits were revoked or suspended for speed—588 permits were revoked for driving while intoxicated—159 permits were revoked or suspended for reckless driving and 57 for leaving after colliding, without making identity known.” With respect to the committee’s recommendation for regulation of peedestrians, especially at those points where they are given protection by trafic lights or traffic officers, the Commissioners said: “Nothing has been done with ref- erence to a pedestrian regulation. but two intersections, namely Thirteenth and F and Twelfth and F, have been so signalized as to give pedestrians complete protection.” The Commissioners sala that the further staggering of hours in the Government departments, as recom- mended by the committee, has been studied by the Public Utilitiee Com- mission, the Park and Planaing Com- mission, the Capital Transit Co. and the Department of Vehicles and Traffic. It was felt it would not be advisable further to stagger the hours until additional information has been received The Commissioners said they rec- ommended to the Board of Education that the opening and closing hours of the public schools be changed to decrease the peak-hour traffic and to reduce accident hazards tc children, but the Board of Education had v.ted not to make any change. Congress in Brief TODAY. Senate: Resumes debate on crop insurance bill Judiciary Committee resumes hear- ings on court reorganization bill. House: Begins consideration of legislative appropriation bill. Interstate Commerce Committee considers placing commercial airlines under Interstate Commerce Commis- sion. Agriculture Committee votes on farm tenancy legislation. Rivers and Harbors Committee con- siders anti-stream pollution measure. Judiciary Committee studies regue lation of real estate bondholders’ prc tective committees. TOMORROW. Senate: Expects to take up Guffey coal bill. Judiciary Committee will continue hearings on President’s court bill, House: Resumes consideration of legislative appropriation bill. Indian Affairs Committee meets at 10:30 a.m. Judiciary Committee meets at 10 am. Public Buildings and Grounds Come mittee meets at 10 a.m. District Committee meets at 10:30