Evening Star Newspaper, April 6, 1937, Page 2

A TEXTILE BARRIER HIT BY JAPANESE Delegate to Textile Confer- ence Declares Tariff Keeps Pay Down. BY BLAIR BOLLES. Tear down the tarff barriers against Japan’s products and she will raise the pay of her textie workers, J. Kitaoka, Japanese government dele- gate, today told 200 representatives of the world's leading textile-pro- ducing lands, most of whom regard Japan's low wage level as a power- ful competitive factor in the race for foreign markets. In a report defending the practices of his country, which in 10 years has risen to a place among the first five textile nations, Kitaoka declared that Japan saved the market for the raw materials of the industry at the depth of the depression, at the very ‘ame producers of raw materials were cursing her for intruding into their s for finished products. 1s to be noted,” the Japanese told the World Texule Conference in the departmental auditorium, “that the low working conditions of the Japanese workers are occasionally used by other countries as the reason or pretext for establishing high tariffs. But it would be much truer to say that the high tariffs are the stumbling block in the way of raising the stand- ard of living.” Forty-Hour Week Gets Jolt. The cry for abolition of tanfls| directed against Japan was Kitaoka's answer to the swelling demand at the parley for a world-wide 40-hour week | end a mimmum wage standard. This was given a rude Jolt by Gottfried | van der Meurens, employers’ delegate from the Netherlands. The 40-hour week, warned Van der Meurens, nstead of increasing em- ployment, will only lead management to develop “rationalization” to the point where the number of jobless textile workers will be many more than at present. Rationalization is a polite term for the stretchout, the policy of increas- ing the burden and duties of each worker, who, it was brought out yes- terday, now handles two times as many looms as he did 10 years ago. The 40-hour week would be wel- eome in the Canadian industrial provinces of Quebec and Ontario, | Gerald H. Brown, Canadian govern- ment delegate, said. Child labor, the 40-hour week and & minimum wage standard promise to | remain the chief controversial topics of the conference. Bell Injects Spirit. James Bell. secretary of the Old- ham Weavers' Association, who is an | adviser to the British workers' dele- | gate, injected spirit into the meeting late yesterday by twitting Anthony J. Muirhead, British government repre- sentative, who told the delegates they should gather more information before —2 ¥x¥ Wayside Random Observations of Interesting Eveats A WHAT? IS§ LOUISE HART, who is, of all things, an attorney at the Department of Justice, deposition in a veteran's disability suit the other day when she came across this item: The plaintiff allowed as how he had jury received in wartime service with the Navy. Sald he was carrying food to a prisoner aboard ship “when he tripped over a chain attached to a You'll have to call an admiral about that one. We don’t know any details. * ok ¥ ¥ INSULT. a ponderously slow typist and would prefer not to have any names dragged into this story, but it so hap- pens that he called a drug store the Washington and Things. M tells us she was scanning & been permanently disabled by an in- 300-pound wench.” A WASHINGTON scribe we know is other night md»asked to have a type- writer ribbon sent up. (You can buy anything at this store except a cow.) | They delivered it in short order and our correspondent promptly be- came enraged and told the messenger THE EVENING WARNS PRESIDENT OF CONSTITUTION Court Plan Witness Urges Roosevelt to Retrace His Steps. BACKGROUND— Precipitated by President’s re- quest for authority to name #ix new Supreme Court justices unless those over 70 retire, the fight has split party lines in Congress and braught that body's normal func- tions virtually to a standstill. Senate Judiciary Committee hearings on the measure have shown no signs of ending despite demands that they be terminated to permit enactment of mecessary legislation. Most opponents of the bill agree with its primary objec- tive—securing a more liberal in- terpretation of the Constitution— but insist it be done by constitu- tional"amendment. BY JOHN H. CLINE. Asserting President Roosevelt's ad- visers have “abandoned principle for expediency,” Charles C. Burlingham, former president of the New York Bar Association, appeared before the Sen- ate Judiciary Committee today and called on Mr. Roosevelt to “retrace his steps and proceed on the road charted for him by the Constitution” if he desires to change the Supreme Court. Telling the committee the court bill should be abandoned in favor of an amendment, the witness said: “What so many of us who have supported the President oppose is the method he is adopting to achieve his ends. The fundamental question be- fore the people is not the minimum wage, the N. R. A, the A, A. A, or any other part of the New Deal. Nor is it the size of the court or the age of the judges; it is whether the Su- boy to take the thing back, and to heck with it. He was a bit upset| about the deal and inquired what | might be wrong. | Turned out the ribbon had printed | on the case, in bold letters, “Hunt and Peck.” Our friend thought some | one was being funny, but not very, until the boy pointed out that "Huntw and Peck” are manufacturers, with & plant in a certain Eastern city. * % % % FAUX PAS. Customers in an Irving street pharmacy were taken aback no end the other afternoon when a chap at the lunch counter suddenly let out a roar like a lion and be- came purple with anger. They found out the cause later. 'Twas a lion tamer from a circus that had stopped at the Potomac Yards, en route to New York. The fellow had, with a friend, passed a postman’s holiday visiting the Zoo. When he came into the store for a sandwich the counter man asked advocating any particular steps. “How disappointed the workers of my country were when they 1.su*ned< to the speech of the representative of the British government,” Bell said, and added: | “I want to point out to the confer- | ence the necescity of not being led | away from its main point by a mass of statistics and information. The | facts which workers are interested in | are the facts on the number of work- | ers who work too long hours for too | low wages. The British debate was lnwnslfied by Thomas Ashurst, manuemen” delegate, who supported the suggeh, tion that more information be de- veloped. He opposed recommendation | by Henry I. Harriman. former presi- dent of the United States Chamber of Commerce, for international reg- | ulation of hours, wages and child | labor. I view with great concern any in- | ternational action which would in- | volve the abandonment of our sys- tem of settling wage-and-hour con- ditions in the various countries other | than by collective bargaining,” Ashurst said “Ever since the beginning of our ndustry it has been our custom to fix our wages by collective bargain- | tg. It has worked equitably. and any attempt to take from us our system of such bargaining will be re- gisted not only by the employers but I am quite sure by the workers' sections.” SAILOR GETS 15 DAYS Ollie Mikulenka, who said he had been a sailor for the last 20 years, appeared before Judge Edward M. Curran in Police Court yesterday and pleaded guilty to a charge of intoxi- cation “Have you ever been arrested here before?” the judge asked No, sir,” the defendant replied. 'Ham you ever been arrested any- where before,” Curran pursued, “and if so. where?” | “Yes, sir, I've been arrested before | ~Madrid, Barcelona, Singapore, Bud- apest, and a lot more. But they al- ‘ways let me out soon as I sobered up.” “This will probably set a precedent, then,” said Judge Curran. “Fifteen days.” Congress in Brief TODAY. Eenate: In recess. Judiciary ~ Committee continues hearings on Roosevelt court bill. House: Considers sundry private bills. Agriculture ~ Committee resumes consideration of farm tenancy leg- islation. Interstate Commerce Committee resumes study of proposal to put com- mercial airlines under Interstate Commerce Commission. TOMORROW. Benate: Takes up unanimous consent cal- endar, followed by resolution on sit- down strikes. Appropriations subcommittee meets on State, justice, commerce and labor supply bill. (Executive session.) Judiciary Committee continues hear- ing on President’s court bill. House: Considers miscellaneous bills. Labor Committee meets 10 a.m. Immigration and Naturalization Committee meets 10:30 a.m. Post Office Committee meets 10.30 am. Public Buildings and Grounds Com- mittee meets 10 a.m. Judiciary Committee am District Committee meets 10:30 a.m. 4 meets 10:30 | never | convincing. { had happened to read the problem at | about midnight and didn't finish solv- |ing it until 2 am, | transportation of mail, though not in him how would he like @ bit of sliced tongue. « % % x PERSUASION. \ JITHOUT even trying, Mr. A. H.| Lewis of Arlington, Va., has per- suaded us to break our rule about mentioning that three-digit mathematical problem again. No doubt the reading public is fed up,” says he, accurately, “but I send along a solution for your own edifi- | cation.” Admitting we've been edified to a brown turn since the blasted problem first appeared in print, we have no ! idea of writing up Mr. Lewis' figures, which are beautiful, simple, clear and Thing that brought on all this was the gentleman's confession that he after using up about a half acre of the kids' school paper” . . . losing a lot of sleep, as we have in wrangling the poser, and end- ing up in no especial good humor. (“P. 8,” writes Mr. Lewis, “I bet Mr. Hayes didn't solve it in a couple of minutes either.”) * kX x SALES TALK. None but the hard-hearted could /ail to sympathize with those house- to-house salesmen who tag jrom door to door, morning, noon and night, but for the first time the other day we encountered one who compelled sympathy to blossom into outright affection. The trick was turned by a little girl who came around to the door with soap powder samples. She knew her little piece by rote and rattled it off a mile a minute. When she had finished, she paused, looked us squarely in the eye and said, “Nice little dog you have there. Is there a family in the apartment upstairs?” * ok X % ARISE! WORD comes to us, by a devious way as usual, of a group of policemen who sat in Judge Curran’s court recently. The discussion—a very facetious discussion, you can be sure —concerned the advantage of a sit- down strike among policemen. Not an angle of the thing remained unexplored when the bailiff suddenly called out: “Every one rise.” The policemen were the first on their feet, an automatic gesture. — 20 PLANES PURCHASED French Government Supervised Company Places $800,000 Order. WILMINGTON, Del, April 8 (#).— The Bellanca Aircraft Corp. said yes- terday that Air France, s French gov- ernment supervised sairplane trans- portation company, was the purchaser of 20 airplanes costing approximately $800,000 now under construction at the Bellanca factory near New Castle. 8ix of the planes, costing approxi- mately $40,000 each, have been com- pleted and will be sent to New York for transportation to France by ship. The entire order will be completed by June 10. The planes are to be used for the trans-oceanic service, it was stated at the plant. jeasy method of preme Court is to be independent or controlled. “To lawyers, the independence of the judiciary should be as indisputable as the multiplication table.” Discussion Intensified. Prior to Burlingham's appearance, jan agreement between Senators Wheeler, Democrat, of Montana, and | O'Mahoney, Democrat, of Wyoming, intensified discussion of a possible constitutional amendment as an alter- native to the Roosevelt measure. Wheeler, an outspoken objector to revamping the Supreme Court, said he would vote for O'Mahoney's amendment to require a two-thirds majority of the court to invalidate | any statute. Criticising Attorney General Cum- mings for his connection with the plan, Burlingham, a former president of the New York Bar Association, said: “A strange thing about this pro- posal is the reluctance of its sponsors to acknowledge its authorship. It has been praised by cabinet members as a direct and straightforward, quick and accomplishing a much-needed aid to New Deal legisla- tion. Why, then, does no one come forward to claim at least that he inspired or suggested this marvelous makeshift? Do they fear that they might take credit from the Attorney General or even from the President himself? “Certainly the President has got all the credit he can get—and more. As to the Attorney General, he is almost unique or, “I do not believe that in our his- tory there are more than two other Attorneys General—I will not name | them or help any one to identify them—who would not have resigned | their office rather than have any part | lor lot in such a shabby enterprise. | A Richard Olney or a Moody or a| Gregory would have advised the Pres- ident to stop, look and listen and turn back and take the constitutional | path.” One New York attorney, describ- ing himself as a friend of the Presi- | dent, said it is “absurd and unthink- !able” to imagine that Mr. Roosevelt | is reaching for more power to make | himself a dictator. “But,” he added, “Franklin D. Roosevelt is not the last President of | the United States; there will be others. All the Huey Longs are not dead and as the political pendulum swings we may have reactionary Presidents and reactionary Senators who with this bill as a precedent may make & new court responsive to their will; and liberals and radicals, and labor, too, may curse the day when the Roosevelt bill was conceived. As a supporter, an admirer and a friend of the President, I cannot refrain from saying that I think he has made & great blunder and should retrace his steps and proceed on the road charted for him by the Constitution— I mean by amendment. Two Kinds of Amendments. “There are two kinds of amend- ments, which should be sharply dis- tinguished. “First there are substantive amend- ments, as, for example, to extend the scope of the commerce clause or to give Congress the power to legislate in social a .d economic fields. The other class of amendments gives to the Con- stitution the powers or the functions of the court itself. I submit that the best of these is Senator Burke's, fixing an age limit for retirement of all Fed- eral judges. The precise age is not im- portant, but it would be unfair to the elderly justices themselves and would disrupt the court if five judges should be retired compulsorily at one time. “I yield to no man in my respect and regard for the President, but he is the last man in the world to claim that he is a great lawyer. He must rely on others to advise him as to the Constitution and the law, and I regret that his advisers have abandoned prin- ciple for expediency. “Quite apart from the principle in- volved, I see great value in proceeding by way of amendment to the Consti- tution. The discussions of the last two months have convincingly shown the need of educating the people in the principles of our Government. The hearings before this committee, with the reports in the press and the dis- cussions which are taking place all over the country, have been of great value, but they have ranged around a piece of so-called emergency or crisis legislation. 1If, instead, the sub- ject of discussion were an amend- ment to the Constitution, it would be fully and ably debated in both Houses of Congress, and on the adop- tion of a joint resolution the discus- sion would be continued at the elec- tions of members of the State Legis- latures or delegates to State conven- tions, and the proposed amendment would be debated fully in these Legis- latures or conventions.” Senator Dieterich, Democrat, Illinois asked the witness to “please not censor me” after Burlingham had corrected his statement that the [y | deen, Farmer-Laborite, of Minnesota, to quote Shake- | | speare, is ‘alone the Arabian Bird’ STAR, WASHINGTON, BIG PARADE HERE MARKS ARMY DAY Roosevelt to Review March- ers—Group Who Opposed War to Meet. A cross-section of America’s highly mechanized armed forces started a parade along Constitution avenue this afternoon in observance of Army day and the twentieth anniversary of the entrance of this country into the World War. Although designed as a colorful peacetime procession, military men found the demonstration by units of America’s fighting organization far surpassing in impressiveness the force available when Congress declared war on Germany on April 6, 1917. Forming at New Jersey avenue and B street southeast, the parade wound through the Capitol grounds and headed for stands directly south of the White House, where President Roosevelt, Secretary of War Woodring and other cabinet members and mili- tary officers were to review the marchers. Five Divisions in Parade. The line of march consisted of five divisions, including regular lroops of the Army, Navy, Marine Corps and | Coast Guard, National Guard, Organ- ized Reserve units, R. O. T. C. college units and high school cadets and vet- erans and patriotic groups. Veterans in the Police Department who wished to participate were ex- cusd from duty at 1 pm. by In- spector L. I. H. Edwards. The column also included groups of girl high school cadets, units repre- senting the Daughters of Union Vet erans, several women's posts of the American Legion Auxiliary, a de- tachment and band of Cushing Aux- illary to the Sons of Union Veterans and a marching unit of the Grant Union Circle of the Ladies of the G. A. R. Gen. Bowley in Command. | Maj. Gen. Albert J. Bowley, com- | manding general of the 3rd Corps | Area, had command of the five main | divisions and acted as grand marshal. While the parade moved along a handful of graying men and one woman, who voted in Congress against American participation in the World | War, planned to gather tonight in commemoration of their action. Of the original 56 dissenters, 30 | have died. Edward Keating of Colo- |rado said he never expected to see the time when his “no” vote would be praised, “but it's become a pretty popular thing to have done, now.” Jeannette Rankin of Montana, the | first Congresswoman, said her “no” | was drowned in the shout of opposi- | tion. | Senator Norris, white-haired Ne- | braska Independent, who was one of | the dissenters, will be among the surviving “no” voters when they meet for a reunion dinner at the Willard | Hotel. ‘Two other members of the present Congress will attend—Senator Lun- who was a Representative 20 years ago, and Representative Knutson, Re- publican, of Minnesota. Other events incident to the ob- | servance of Army day will be an Amer- ican Legion dinner in Alexandria, Va, where Admiral William D. Leahy, | chief of naval operations. will be the principal speaker, and a dinner of the | Military Order of the World War at the Mayflower Hotel, where Secretary Woodring will speak. RECEIVES POPPY President Gets Flower 4-Year-0ld Iowa Girl. From 4-year-old Ruth Joyce Bradish | | of Sioux City, Iowa, President Roose- velt received today the first buddy | poppy of the annual Veterans of For- | eign Wars' drive for relief of widows | and orphans of World War veterans. | Joyce is an orphan in the organi- | zation's home at Eaton Rapids, Mich. She was accompanied to the White | House by Col. Bernard W. Kearney, head of the veterans’ organization. Prom MISSING GIRL FOUND Rosilee Simons, 14-year-old daugh- ter of Mr. and Mrs. Louis 8imons of Aurora Heights, Arlington, Va, who has been missing from her home singe last Friday, was located today in Detroit, Mich., according to police. She is now in the custody of an uncle, who is & member of the Detroit police department. DEATH TO BE PROBED A coroner’s jury tomorrow will in- vestigate the death of Marie McLean, 22, of the 1400 block of Forty-fourth street northeast, who died in Sibley Hospital last Thursday, allegedly from the effects of an illegal operation. Dr. James William Hart, 62, of 2156 F street, who was arrested yesterday in connection with the death and later released on $2,000 bond, is to appear at the inquest. “Chief Justice left the Supreme Bench to run for the Presidency.” “I stand corrected,” Dieterich said. “My history may be in error.” The Illinois Senator then criticized the appointment of Chief Justice Hughes after his defeat for the presi- dency and asked: “Don’t you think Gov. Landon, had he been elected, would have appoint- d Herbert Hoover to the Supreme Court?” “No,” Burlingham said. engineer, not a lawyer.” “Well,” Dieterich added, “it looks like the Supreme Court is a court of retirement, a place for defeated Re- publican candidates.” Wheeler and O’'Mahoney announced their agreement on a constitutional amendment to Senator Pittman, Democrat, of Nevada, who had sug- gested he might back any amendment they would propose jointly. Pittman told reporters he expected the committee would approve the amendment and that he might give it his own support, but not as an alterna- tive to the administration measure. O’Mahoney, still not ready to com-~ mit himself on the Roosevelt bill, said he felt encouraged over prospects of his amendment. The committee late today is to hear James Truslow Adams, historian. Restiveness over duration of the hearings evidenced itself in the com- mittee. but no Senator was yet willing o ask for a time limitation. The opposition expects to present testimony all this week and possibly next. Supporters of the President will return to the stand at least briefly before the committee takes up the bill in executive session. P “He's an HACKSAW FOUND D. TUESDAY, Pachyderms Soon to Get New Home One of th completion at the Zoo. low, rock-studded ledges for bars. Interior of one of the moats which will preaent the elephants from straying and keep spec- APRIL 6, 1937. e circular swimming pools for elephants at the $300,000 pachyderm hi The house probably will be op shows the new design of free-view, outdoor pools and runways w. h tators at a xa/e distance wtthout abstructing the view. ened to the public in May. ouse nearing The picture ich has substituted moats and INLANGDON PROBE, Filings Also Examined for Link to Attempt to Derail Train. A hack saw and iron filings, said to | have been found on the property of Robert Langdon, 44, former Wash- ington policeman, after an apparent attempt to derail a fast passenger train in New Haven, were being sub- jected to laboratory tests today, nc-’ | cording to an Associated Press dis- | patch from the Connecticut city. ! Langdon, who was discharged from the District force after his arrest in connection with the still unsolved | murder of Beulah Limerick, is held by New Haven authorities on a charge of | wilfully placing an obstruction on the tracks of a New York-Boston express. Bond has been set at $15,000, and the case will be taken into court next Monday. Flagged Train With Flashlight. The former Washington officer was arrested March 28 after he flagged the | New Haven Railroad limited with a | flashlight in time to prevent the train from crossing & heavy chain that had | been bolted across the tracks. He ex- | plained he had seen a man running from the scene a few moments before. Langdon was held in $15,000 bail on an ‘“idleness” charge the next day, pending further investigation. Pinding of the saw and filings in the cellar of his home, together with discovery of undisclosed information, resulted in the obstruction charge, Connecticut State Policeman William Murphy declared, according to the As- sociated Press. The “idleness” charge was nolle prossed when Langdon appeared be- fore Judge Clifford Sturges, and the obstruction accusation filed instead. The statute which Langdon is al- leged to have vioiated, the Associated Press said, provides a maximum prison sentence of 10 years for obstruction and one of 30 years for intent to de- rail. Involved in Limerick Case. Langdon, now in the poultry busi- ness in New Haven, was the “police- man on the beat” when Miss Limerick, 19-year-old secretary of the Sky High ‘Whoopee Club, was shot to death in her Nineteenth street southeast home on the night of December 31, 1930. Although released as a suspect in the slaying, Lengdon was dismissed from the force after detectives report- ed discovery of liquor-making ap- paratus in his home. —_— FLORIDA SHIP CANAL HEARINGS TO START Tentative Plans Are Made to Inaugurate Sessions Next Week. The House Rivers and Harbors Com- mittee today made tentative plans to atart hearings next week on the Flor- ida ship canal project after receiving sharply conflicting reports from Army engineers on the project. Attaches of the committee said the date of the hearings would depend on availability of printed copies of the reports. A committee clerk said Chairman Mansfleld probably would limit the testimony to two or three days. Ma). Gen. Edward M. Markham, chief of engineers, ignored a report of the War Department’s Board of Engineers for Rivers and Harbors and recommended completion of the giant waterway at a cost of $197,921,000. ‘The board, whose report the War Department transmitted to Spesker Bankhead along with Gen. Mark- ham’s, said the canal was economically unsound and should be sbandoned. The board said the canal, if dug to an adequate width and depth, would cost $263,838,000. ! Odd Names Imperll Child’s Personality, Parents Informed BY the Associated Press. 1 LINCOLN, Nebr.,, April G—Plremé‘ who give their children “odd sounding names and those of ambiguous mean- | | ings,” Dr. W. E. Walton, University of Nebraska phychologist warned today, | endanger the youngsters' personality development throughout life. “The name which a child is given at birth may be a determining factor | in his development of personality, in | the ease with which he acquires friends, and in all probability, in his | success and failure in life,” he said. | Dr. Walton said his study of names disclosed Robert, Richard, Charles and Jack were the four most popular men's names, and Jean, Dorothy, Jane and Virginia in the forefront of popularity !as women's names. Sit-Down _Iconnnued Prom Pirst Page.) day by Senator Pittman, Democrat, of | Nevada. { In its original form, this resolution condemned sit-downs as “illegal and contrary to sound public policy,” and | also denounced “the so-called indus- trial spy system” used by some em- ployers to combat labor unions. To Offer Amendment. Robinson said he would offer an amendment to the resolution, ap- proved by the conference, but did not reveal its nature. Meanwhile, in the House, Repre- | sentative Hoffman, Republican, of Michigan bitterly attacked President Roosevelt, John L. Lewis and Gov. Frank Murphy of Michigan for the “armed rebellion” which he said has continued for 90 days. After emphasizing his State’s motor | industries had led the attack on the depression, Hoffman called Gov. Mur- phy “the puppet Governor of the| principality” and said his first act as Governor after having been brought from overseas by Mr. Roosevelt was “to countenance, encourage and assist & communistic attack upon the pros- perity the motor industry had de- veloped.” “Backed by the President,” Hoffman charged, “he willfully refused to en- force the laws of the State and Michi- gan now learns that Lewis will bring in his strong-arm men from United Mine Workers’ organizations to throw out, with or without bloodshed, those who defy Lewis’ authority.” Scope of Resolution. The Pittman resolution is a concur- rent resolution—in effect, & mere state- ment of policy by both houses of Con- gress, which does not require any ac- tion by the President. It is limited to “industries within the | jurisdiction of Congress,” and, there- | fore, would not apply to strictly lntu- state businesses. The Pittman resolution and two| others kept the troublesome sit-down | issue before the Senate after it had | rejected yesterday a proposal to insert into the Guffey-Vinson coal bill a poli- cy declaration against such strikes. Robinson led the opposition to the proposal of Senator Byrnes, Demo- crat, of South Carolina, calling sit- down strikes illegal and againat pub- lic policy. Administration forces voted it down, 48 to 36, and then speedily approved the coal bill, 58 to 15. Robinson and others made it plain they were not condoning the strikes, but merely believed the denunciation had no place in the coal measure. Byrnes Amendment Opposed. Although no one defended the le- gality of the sit-down method, s group of Senators led by Wagner, Democrat, of New York protested the Byrnes smendment was one-sided be- cause it did not condemn illegal tac- tics by employers as well as em- ployes. Wagner noted that the La Follette Civil Liberties Committee had ex- posed a widespread use of labor es- pionage and a “sit-down by employ- ers against the national labor rela- tions act.” | District Court’s | brought to enjoin collection of WINDFALL' TAXES UPHELD BY GOURT |U. S. Appeals Trlbunal Ap- proves Dismissal of In- VIRGINIA'S LOATH TOTRY DR. MILLER Prosecutor Fears First-De- gree Murder Charge Can’t Be Supported. B3 the Associated Press CHARLOTTESVILLE, Va., April 6 —Commonweaith's Attorney William Fife today explained his willingness to accept a plea of second-degree murder from Dr. R. G. Miller, accused of causing the death of 18-year-old Cleo Sprouse, by saying that developments since the indictment of the dentist showed a first-degree murder charge could not be supported before a jury The 53-year-old dentist was indicted on a charge of first-degree murder after the pretty high school junior’s body was found near the University of Virginia cemetery, but both Fife and Robert E. Taylor of defense counsel announced this week that a plea of guilty to second-degree murder had been agreed upon Plea Was Postponed. Under Virginia law conviction under second-degree murder charges calls for prison sentences ranging from 5 to 20 years The plea of guilty to second-degree murder, originally scheduled to have been made yesterday, was postponed until tomorrow morning because of the death of a sister of Circuit Judge Lemuel Smith. Commenting today upon the asser- | tion of the girl's mother, Mrs. Lula | Sprouse, that she will fight the eom- | promise, the prosecutor said the case had onlv been partially investigated | when Miller was indicted No Idea of “Revenge.” “Since he was indicted, however” he said, “other developments have been brought to light which lead us to believe the ends of justice will be met by the plea of guilty in the second degree Dr. Miller is expected to make tomorrow.” “Again I say,” said the prosecutor, “the prosecution of this case will not be carried forward with any idea of revenge, but, rather, with the idea of meeting the ends of justice.” He said he had arranged by tele- phone to talk with Charles Curry, Staunton attorney retained by Mrs. Sprouse to fight the compromise plea, but that a definite hour for the con- ference had not been fixed. | GENERAL RISE LOOMS IN PRICE OF SHOES B the Associated Press. NEW YORK, April 6.—A genera! rise in retail shoe prices loomed yes- terday as leading chain store operators announced plans for boosts to offset increased leather and labor costs. Melville Shoe Corp., operating stores in about 40 States, gave notice its lines would be advanced on April 12, and | said it would disclose the amount of advance later. Dealers have estimated that Spring and Summer lines will mnge from 15 cents to 50 cents a pair higher than junction Suit. By the Associated Press. RICHMOND, Va, April 6—The Fourth Federal Circuit Court of Ap- peals today upheld the constitution- ality of the “windfall” taxes in af- firming the decision of the District Court at Salisbury, N. C, in the case of the White Packing Co. vs. the col- lector of internal revenue. The opinion in the case, written | by Judge John J. Parker. upheld the dismissal of a suit the 80 per cent tax under title 3 of the revenue act of 1936. Rules Burden Shifted. The court declared that the White Packing Co. came under the classifi- cation of those processors who had | shifted the burden of the processing tax, later declared unconstitutional, without paying it. The Supreme Court decision validating the processing tax, in- the court here said. held it invalid be- | cause it was not a tax at all, but a mere step in a plan for the regulation of agriculture beyond the powers of Congres! “The ‘windfall’ tax, on the other hand, iz not a atep in any plan of | unconstitutional regulation of agri- culture or industry, but a tax in the strictest sense of the word imposed | for the purpose of meeting an antici- pated deficit in the budget due to the | passage of the soldiers’ bonus bill and the invalidation of the processing taxes,” Judge Parker's decision said. Theory of Tax. The opinion pointed out that if the appellant realized no net income as a result of the business upon which the processing tax was imposed, he is not liable for the “windfall” tax although he would have been liable for the pro- ocessing tax. The “windfall” tax, it continued, is a year ago, and some quarters of the trade have contended mark-ups of $1 | to $2 a pair may be necessary on Fall goods, due to shortages of hides and rising manufacturing costs. Bowie Entries | | for Tomorrow FIRST RAM i-yvear-olds and up, claim- 78, S1.000; G furiongs. TYoutar " (Gordon) xBoosel (KCCAId) Advocate, Jr Mesuom»,, Sea Gull Gilbert xMore Poise lSchmnflv Pile Driver (T. Fowler) aMay Music (McDermott) Miss Adeline (Barba) - Happy and Gay (McDermott)__ |a Queen Govans (M. Peters) wnlmm.« (Fililman) | Waterman (O'Malley) 2 | xSquare Play (R. Morris) !XVerllls (Gordon ) Happy Hostess (De CAm\llul Cherrystone (Lindberg | Miss Symphony 1 Hantord) XTragedian (Duffy) a Pending lnfl J.J. Parrell, ir. | SECOND RA claiming G. (Duffy) | Fair Time (Deering) | xTakus (H. l’ Blln(l xDan (Ecc nchefllr ‘O\lilleil RACE—3-year- $1.000:.0 turlones, © TTr 0l Brief (Rosengarten) | 2 Bounding (Westrope)_ | Canter Belle (Barba) | Miss Wrack (Hanford) Gemwick (Schmial). | Melicent (Grigg) . c Bomar (Saunders) | Fair Scout (H. LeBlanc) Piay Not (Shelhamer). d Linlace (Barba) | Kaleida _(Schmidl) ve Potion (Sarno)_ Femerire (Gordont ™ cLate Day (Morris) 3 Gay Jack (Gilbert) Coleman entry. rBom-r Stable entry dD. McGrath and & Langebartels maidens 1eFOVRTH fi'&‘c'_um' Bowle Kindergar- 3 -olds: $1.500 Frank Brooke (Hanftord) o+ furlo Bunny Baby (Richards)_ (Westrope) based upon the theory that the pro- | cessing tax imposed by the act would increase the price of taxed product by the amount of the tax. crease in prices, sulted in an abnormal Such in- relieved from the payment of the tax which had resulted in the increase. REGULATION IS URGED FOR AIR TRANSPORTS Railroad and Utilities Commis- sioners Say Lea Bill Properly Amended Is Satisfactory. B the Associated Press The National Association of Railroad | and Utilities Commissioners today ad- vocated Federal regulation of air car- riers in interstate and foreign com- merce. John E. Benton, general solicitor of the association, which he said repre- sented utilities commissions in 46 States, told the House Interstate Com- merce Committee the Lea bill was satisfactory provided it was amended to preserve the right of the States to regulate intrastate operations. The Lea bill would vest regulation in the Interstate Commerce Commission. The commission would have power to regulate rates, service accounts and issuance of securities by airlines. —e Bakers Have Day in Court. INDIANAPOLIS, Ind. (#).—Liter- ally it was Baker day in court. Joel E. Baker, clerk, and his father, Grover C. Baker, bailiff, performed their regular duties. Attorney Alexander Baker served as judge pro tem and presided in 12 divorce cases. During intermission he visited with Judge Frank P. Baker in Criminal Court. the court said, re- increase in profits for processors in that they were CSmoke Signal (Fallon) cLast Lay (Gilbert) | " "a Araho Stable entry a Manhasset Stable entry. t | FIFTH RACE—4-year-olds up; - ing:_$1.00: 6 furlongs. L 8ir 'Rose (H. le Blanc) xCount Hetarch 45helnlmen = Buttlet (M. Peter: xMilk 1 - 106 O Inexie) Gate Boy (T, Fowler) | xRoyal Bird (Duffy) _ Credulous (Westrope) Holland (Johnson) 10 15 0 o 1] 12 11 $1,000% Engles 'Boy Flagstone |wemope) xBalapin _(Eccard xDarling Pat 'Jnhnlon) Maddest (B, Fels) Say Do (Gilbert) x8allandry (Jaekle) SEVENTH RACE —4-year-olds up: ¢laim- ing: $1.00: 15 miles. Emvee (Westrope) Playbrook (Richards) Dormido (Westrope) xPassing 8un (Gordon) Dearzin (O'Malley) E XChiel Mourner (8arno) Departed (Dufls) Scratches for Today— Muddy and cloudy. Fourth race—Good Omen. Sixth race—Xandra, Chief Yeoman. TUESDAY. APRIL 6. (Track Sloppy.) % Mile. Porter 0:40_~ Zoic 0:3724 :41% Tugb't Frank 0:39 Late Day 9 Flagstone Jackie D. Bwiftlet Mettle M ilan 44 Hoilan ® Born Happy 0:55 0:8415 :5225 Spur Flower 317y 0:823; 5% Mile. 034 SBtone Martin 1:10: {v""‘* Frederick 1:09 i 38 Miito 2 138" Meroveen —_ il I Mile. 2 Paal Bve__1:59 Srobdors - 1188 [ Patchpocket Merrily On | Credulous Manager Bill Pretty Pal