Evening Star Newspaper, April 12, 1937, Page 1

WEATHER. (U. 8. Weather Bureau Forecast.) Fair with light frost; lowest temper- ature tonight about 34 degrees; tomor- row fair and warmer; gentle shifting winds. Temperatures—Highest, 50, at noon today; lowest, 34, at 6 a.m. today. Full report on page A-10. Closing New York Markets, Page 16 Entered as second slass matter post office, Washington, D. C. 85th YEAR. No. 33,949. ch WASHINGTON, ¢ Fhoeni ‘WITH SUNDAY MORN D. C, MONDAY, APRIL 12, L 4 ING 'EDITION o Star 1937 —THIRTY-FOUR PAGES. **%* The only evening paper in Washington with the Associated Press News and Wirephoto Services. SATURDAY'S SUNDAY’S Circatation, © 136,584 ELRRAYS Bome returns not yet received ) 148,144 UP) Means Associated Press. 'T'WW () CE.\'TS—.— SUPREME COURT UPHOLDS WAGNER ACT IN SWEEPING GOVERNMENT VICTORY BRITAIN - DECLINES TOGUARD SHIPPING IN SPAIN'S WATERS Will Protect Vessels at Sea, However, Baldwin In- forms Commons. Roosevelt Wishes Chief Justice, 75, Happy Returns Regardless of what he may think of the capabilities of jus- tices who have passed the three- score years and ten mark, Presi- dent Roosevelt wished Chief Jus- tice Hughes “many happy returns of the day” when he met him at the Gridiron Club dinner Satur- day night—the eve of Mr. Hughes’ 75th birthday anniversary. The felicitations were not ex- tended in a formal way, Mr. Roosevelt extending his congratu- lations during a brief conversa- tion at the banquet. HUGE CRUISER ARRIVES v s SRS NOHNATE R RO Are Reported Killed West of Madrid. Former Representative From Florida to Fill Stevens’ Post. President Roosevelt nominated Wil- liam J. Sears, former Democratic Representative from Florida, today to peared mear being broken by LOY- | pe"y ‘member of the Tariff Commis- alists as vigorous attacks have | forced rebel forces to retire from | parts of the Madrid front, although the insurgents succeeded in holding University City stronghold BACKGROUND— Spanish civil war, nearing end of ninth month, has resulted in stale- mate as troops of the Madrid- Valencia government succeeded in holding Spanish capital from in- surgent forces of Gen. Francisco Franco. Five-month siege of Madrid ap- expired term of Raymond B. Stevens | of New Hampshire, who recently re- | signed. The term will run until June BY the Associated Press. | 16522 this ysark ioh d v Baldwin told | rs, a Jacksonville lawyer, serve ‘hf“}'l“:uxm(:iwécsfin?l;;deay that | in the House from 1915 t 1929 as a S e ‘;3“:\,“;}“;153:; | disirict. and from 1933 to 1937 as a with the world’s mightiest warship, | Re}g’m“";;“"e at Lo could not protect British food ships | o He it 62 years old and a native of actually entering the besieged port of 2 i Bilbao, Spain. Robert Lincoln O'Brien, chairman The stocky head of the conserva- | Of the Tariff Commission for the last tive government outlined this stand, | SiX years, is planning to retire within reached at a sudden Sunday meeting | the next few months, it was learned of the cabinet, &t a moment when the | today. H. M. S. Hood, mighty battle cruiser, He said today he had not fixed the bristling with 28 guns, had reached a | date, but that he now is 71 and feels position off Bilbao after a forced-draft | the need of relinquishing official voyage from Gibraltar. | duties. He will continue to reside in Baldwin, while insisting the British Washington. He was appointed to fill the un- | Representative of the fourth Florida | government was neither extending | belligerent rights to the Spanish in- | surgent besiegers of Bilbao nor tol- | erating “any interference with British &hipping at sea,” explained “They (the government) are, how- | ever, warning British shipping that in view of conditions at present pre- vailing in the neighborhood of Bilbao | they should not, for practical reasons | and in view of the risks against which | it is at present impossible to protect | them, go into the area as long as these conditions prevail.” Six Driven From Bilbao. Six British food ships yesterday were driven off from Bilbao, which is choked with hungry refugees, by the insurgent fleet. | H. M. S. Hood was sent to the Bay | of Biscay, Baldwin disclosed, because | the government wanted a British naval | A Republican, Mr. O'Brien was ap- pointed to the commission by Presi- dent Hoover in 1931, and reappointed by President Roosevelt last year. Chairman O'Brien formerly was editor of the Boston Transcript and the Boston Herald. As a young man he was personal secretary to Grover Cleveland in the New Yorker's second term in the White House. GIRLS ACCUSE PASTOR Cleric Tried to Entice Them Into Car, They Say. SOUTH BEND, Ind.,, April 12 (#).— Willlam Diedrich, assistant police chief, said today three young girls have identified Rev. Oren R. McCol- force there “under the direct command | gin, 45, pastor of the First Christian of an officer of flag rank”"—in view of | the “difficuit position” off Bilbao. Clement R. Atlee, leader of his majesty’s opposition, asked: “Does not | the government’s position amount to a | blockade of Bilbao?” No.” replied Baldwin decisively. The Basque government at Bilbao offered guarantees of safety to any | British ship entering the Spanish ter- ritorial limit and said government | shore guns were capable of protecting | ships at a distance of 11 miles from | shore, despite the presence off Bilbao | of 10 insurgent blockade ships. Premier Baldwin added *that mines had been laid on both sides of the sea | approaches to Bilbao and that there; was the ever-present danger of dam- | age from insurgent aircraft. Aside from the menace to Bilbao from the sea, Gen. Emilio Mola's in- surgent armies are pressing the city by land, from the south and east. Bilbao itself—capital of the Basque autonomous regime and a principal ally of the Spanish Valencia govern- ment in the civil war—is thronged with 300,000 persons, many of them reduced to rice rations. An insurgent blockade—unrecog- nized by Britain—drove the food ships away from their Bilbao destinafion and | into St. Jean de Luz yesterday. As the huge battle cruiser Hood en- fered the blockaded waters, another | British war vessel raced to the rescue of a merchantman reported “de- tained” by the insurgents. Shipping circles later said, however, the report probably was only a confusion of names. 3,000 Reported Slaughtered. More than 3,000 government troops were estimated to have been slaugh- tered west of Madrid in a surprise in- surgent attack against the right flank of the government army. As the bloody battle entered its fifth | day an official insurgent communique | reported Gen. Jose Miaja's forces | routed in one of their severest defeats on the Madrid front. Government sources said “only | i of their lines Page A-6.) HOUSE DELAYS ACTION Postpones Consideration of Sit- Down Resolution. ‘The House Labor Committee post- poned today consideration of a Sen- ate-approved resolution condemning both sit-down strikes and ‘“unfair” labor practices of employers. A committee source said the action | was taken because members hought the Supreme Court wol glvn its decision today on the Wi abor relations act. Church of Mishawaka, as a man who attempted to entice them into his automobile. The pastor was arrested by Diedrich | and held pending further investiga- tion. Prosecutor George N. Beamer said he would file charges against the pastor in Juvenile Court. Summary of Page Amusements_B-16 Comics ...__B-12| Society --B-3 Editorials -A-8 | Short Story.B-13 Financial -__A-16 | Sports A-12-13-14 Lost & Found.A-3 | Woman’s Pg_B-10 Obituary _..A-10 SUPREME CCURT ISSUE. Supreme Court upholds Wagner act in Associated Press case. Page A-1 Group of Texans opposes President’s court proposal. Page A-1 STRIKE SITUATION. Galena workers back at jobs as area is quieted. Page A-1 A.F. of L. asks U. 8. to provide work for 3,000,000. Page A-1 Six Ohio sit-downers face court on riot charge. Page A-3 FOREIGN. Britain declines to guard ships in Spanish waters. Page A-1 NATIONAL. Court upholds Wagner act, broadens commerce clause. Page A-1 Roosevelt names W. J. Sears to Tar- riff Commission. Page A-1 Hull urges “liberalization” of trade policies. Page A-3 San Francisco plane crash blamed on falling microphone. Page A-6 Excess of imports over exports seen this year. Page B-8 WASHINGTON AND VICINITY. Waitress files first suit under minimum wage law. Page A-1 Record crowd of blossoms visitors leaves city. Page A-1 Ashurst on ruling says inconsistency will save U. 8. Page A-1 Washingtonian reveals new chemical discovery. Page A-2 Tomlinson robbery trial continued to April 28. Page B-1 Accident or suicide question in Burns shooting. Page A-2 Police Court hearing ordered in “dog- trap” case. Page A-2 Sisson blames bank crash for defal- cations. Page A-1 Virginia coal miners and operators in parley here. Page 6 Procedure for filing old-age t claims outlined. Page Page Radio ~A-18 GALENA WORKERS BACK AT J0BS AS AREA 1S QUIETED 6,000 Return to Pits Tense Atmosphere After Rioting. SHOOTING OF 9 CLIMAXES WEEK END OF VIOLENCE in C. I. 0. Will Carry On Unioniza- tion Drive, Despite Resistance, Leaders Declare. BACKGROUND— Heartened by recognition by steel and automobile industries, John L. Lewis’ Committee for Industrial Organization has been increasing enrollment drives. Among areas invaded are rich lead and 2inc mine centers of Oklahoma, Missouri and Kansas. At Galena, Kans., in 1935 National Guards were sent out dur- ing strike, and under their protec- tion operations were resumed. This | incident figured in the national | political campaign last Fall, Gov. | Landon, Republican nominee, being | criticized for scnding the troops. By the Associatea Press. PICHER, Okla., April 12.—Six thou- | sand truculent lead and zinc workers returned quietly to pits and smelters |in the Tri-State mining region today |in an atmosphere made tense by a | bloody week end, in which eight men 'and a boy were shot. | Leaders of an independent union, |to which an estimated 95 per cent of | the workers belong, announced de- termination to “prevent C. I. O. union- ization of this territory.” Glenn A. Hickman, secretary of the unaffiliated Tri-State Mine, Metal and { 8melter Workers' Union, said a survey | of the district showed “100 per cent operation of all mines and smelters” in the Oklahoma-Missouri-Kansas | region He said 6,000 men, the number regularly employed since recent in- creased prices of lead and zinc re- turned many men to work, were on the job. Several hundred worked the night trick, the others the day shift. The union claims 8,000 members; the C. 1. O. affiliate, the International Union of Mine, Metal and Smelter workers, 1,000. Nine Are Wounded. Eight men and a boy were wounded yesterday at Galena, Kans., 23 miles away, by gunfire from headquarters of the International Union. The shooting climaxed a week end of beatings and floggings with pick (See LABOR, Page A-5.) Probe Scope Undecided. SAN FRANCISCO, April 12 (#).— Scope of the new grand jury’s investi- gation of alleged San Francisco graft will be decided tonight when its 19 members meet. Today’s "Star Runaway plane at Washington Airport damages two others. Page B-1 Capital Transit rate hearing finally gets under way. Page B-1 Nice weighs special session as relief bill is criticized. Page B-1 Girl, 16, killed, several injured in week end traffic. Page B-1 SPORTS. Spirit offsetting puny hitting of Na- tionals. Page A-12 Age has numerous big league stars on the spot. Page A-12 Rise of Mackmen festures week in exhibition games. Page A-12 History frowns on Pompoon, Derby favorite. Page A-13 Furr favored in fight tonight with Arcelli. Page A-13 New leaders in prospect for golf in District. Page A-13 Two titles to D. C. as duckpin con- gress ends. Page A-14 EDITORIAL AND COMMENT. Editorials. Page This and That. Page ‘Washington Observations. Page David Lawrence. Page Paul Mallon. Page Dorothy Thompson. Page Constantine Brown. Page Lemuel F. Parton. Page A 2 2 2 3 o bbb b FINANCIAL. U. 8. bonds drop (table) Steel rate maintained. Stocks go down (table). Curb list lower (table). Consolidated Oil net gains. Advertising above 1836. MISCELLANY. ‘Washington Wayside. Winning Contract. Vital Statistics. City News in Brief. Young Washington. Dorothy Dix. Betsy Caswell. Bedtime Story. Nature's Children. Crossword Puzzle. Letter Out. Page A-15 Page A-15 Page A-16 Page A-17 Page A-17 Page A-17 Page A-2 Page A-18 Page B-6 Page B-6 Page B-7 Page B-10 Page B-10 Page B-11 t: B-11 B-12 Page B-13 | WONDER WHICH ONE HE.MEANS? N " After View of ‘Record Throng Leaves Capital Cherry Blooms (Pictures on Page B-1.) f Quickly as it came, the crowd of | visitors which took over Washington yesterday to view the cherry blossoms had vanished today along the high- ways and other channels of tsans- portation leading out of the city. | The huge influx of sightseers—esti- mated by police as the greatest num- | ber of visitors ever to descend upon | the Capital—choked the movement of DEFALCATIONLAD TOBANK'S CRASH Sisson Sdys He Took Funds to Meet Assessments on Stock. Robert A. Sisson, a young assistant | cashier of the Hamilton National | Bank, who pleaded guilty Saturday when arraigned on Federal charges of misapplying funds, today blamed his downfall on the bank crash of four years ago, as Federal Bureau of Investigation agents delved into his bank records to determine the exact total of his alleged defalcations. Arrested Saturday at the bank by G men, who accused him specifically of misapplying $750 on March 31, 1936, Sisson, 30-year-old father of three young children, told United States Commissioner Needham C. Turnage he has been playing the stock market, the commissioner said. He was released on $5,000 bail. “I want to get it over with as soon as possible,” Sisson declared today in an interview, as carpenters hammered on an addition to his home in Bethesda, Md. E. C. Graham, president of the bank, cut short a trip to the South on learn- ing of the arrest. On his return here yesterday he estimated the total short- age at from $15,000 to $20,000. The bank holiday, Sisson told a re- porter, toppled him from the vice presidency of the Washington Savings Bank, of which he also was cashier, into the ranks of those confronted (See SISSON, Page A-4.) e WOMAN FOUND DEAD IN GAS-FILLED ROOM Proprietor of Rooming House Left Message to Be Awakened, Lodger Says. Mrs. Catherine Lyons, 47, proprietor of a rooming house at 933 Twenty- third street, was found dead at 8:30 a.m. today in the gas-filled kitchen of her basement apartment. The rescue squad, summoned by John Sullivan, a lodger, was unable to revive her. She was found with her head over an open gas jet in the kitchen stove, police said. Sullivan, who works at the Veter- ans’ Bureau from midnight to 8 p.m., said the woman had asked him last night to awaken her when he re- turned from work this morning. Police refused to reveal the con- tents of notes which they said had been found in the room. . Lyons had been working in a shop, au- thorities were told. Police Finally Unravel Traffic Snarls. 213,000 Visit Potomac Park During Afternoon. | i | traffic for nearly nine hours yecterdny! in the area stretching north from the Tidal Basin. Hotels and roomings houses at which accommodations were unavail- able at any price early yesterday, re- ported check-outs last night had brought virtually normal conditions Beginning late in the afternoon and continuing through most of the night, high WAITRESS SUES UNDERWAGE LAW Brings First Action Since Statute Was Upheld by Supreme Court. ‘The first suit brought under the District minimum wage law of 1918 since the Supreme Court two weeks ago reversed its previous decision and declared the statute constitutional | was flled today in Municipal Court by | & waitress, who sought to collect the difference between her salary and that set under the law. It was thought by attorneys that the suit probably will result in a judicial determination of whether the local minimum wage law still stands or must be re-enated by Congress. Decision Reversed. The statute was invalidated in 1923 by the Supreme Court in the case of Adkins vs. Children’s Hospital. Two weeks ago today, in upholding the minimum wage law for the State of Washington, the court specifically overruled its 14-year-old decision on the District statute. The question that arose was whether the local law was killed once and for | all by the Adkins decision or whether it still remained on the statute books and now can be enforced. President Roosevelt submitted the & LEGALIZE THE \ A N\ SITDown! FBQ%QEF; BALANCE THE ' BuDGET) DECISIONS RECESS JUDICIARY HEARING Senate Committee Halts Session After Wagner Labor Act Opinion. BACKGROUND— President Roosevelt startled Con- gress and Nation in February by submitting proposal for reform of Federal judiciary. Salient features of plan were in- crease of Supreme Court from 9 to 15 justices, retirement at 70 and direct appeal of constitutional cases. Weeks of hearings before Senate Judiciary Committee have found Democratic bloc in Senate sharply divided, with fate of proposal most uncertain, BY the Associated Press. | The Senate Judiciary Committee quickly recessed its hearing on the | Roosevelt court reorganization bill to- | day when members learned the Su- SPLIT OF 5 TO 4 DECIDES ISSUE IN MAJOR CASES Liberalizing of Interstate Commerce Interpretations Is Seen in New Decisions LEGISLATION VALID IN A. P. CASE ON FREE PRESS BY SAME VOTE Bus Firm Ruling Only Unanimous One in Series—Pro-Court Lawmakers Hail Event. BACKGROUND— Long considered most important issue pending before Supremc Court is that involving constitutionality of labor relations law. Spon- sored by Semator Wagner of New York and Representative Connery of Massachusetts, statute attempts to assure working people right of collective bargaining with their employers Under fire of much of industry and openly violated by many concerns on advice of such authorities as National Association of Manufacturers, the question of the law'’s constitutionality was brought before the Supreme Court in five separate cases BY JOHN H. CLINE. Adopting a liberal interpretation of the mean- ing of interstate commerce, the Supreme Court today upheld the validity of the Wagner labor relations act in its entirety. This unexpected finding of the court was an- nounced in five cases, one being decided unanimously and the court dividing 5 to 4 in each of the others. This action, lodging in the Federal Government |broad power to vegulate employe-employer relation- ships irrespective of the fact that particular employes might not-be engaged directly in interstate com- merce, was expected to have a decisive effect on the present attempt by President Roosevelt to add six Supreme Court justices unless those over 70 retire. Opponents of the President’s court plan hailed the decision as eliminating every argument advanced by Mr. Roosevelt in support of his undertaking. Senator Wagner to Discuss Decision Tonight. preme Court was deciding constitu- [ tionality of the Wagner labor relations | act. Senator Wagner, Democrat, of New York, author of the act, will discuss today’s Supreme Court decisions over the blue network | of the National Broadcasting Co. at 8 o’clock tonight. The address The court’s decision, awaited for | wil] be broadcast from Station WMAL. weeks, stirred interest among com- mitteemen to fever heat. The mem- bers hurriedly left the hearing room to learn full details of the court’s action. The recess came while 55 Texas Democratic opponents of the Presi- dent’s plan were testifying it would undermine constitutional liberties and damage the party irreparably. bors. The delegation of lawyers, mer- chants, farmers and clergymen was headed by L. L. James of Tyler. Exhibiting the bulky petition of protest, James declared: “Some of these people say that if this plan goes through, you might as well bring on the purple robes of royalty and make appropriations for the coronation.” James disputed assertions that the House election in Texas on Saturday was a true test of the Supreme Court issue. Lyndon B. Johnson, backing the President’s proposal, won over two opponents who had opposed the measure. “The campaign turned on personali- ties, not issues,” James said. “Fur- thermore, Johnson had some support from members of the Supreme Court (See WAGE, Page A-2) (See JUDICIARY, Page A-2) “Inconsistency Will Save U. S.,”| Declares Ashurst on Ruling “Inconsistency will save the United States yet,” Senator Ashurst of Ari- zona, chairman of the Senate Judici- ary Committee, told newspaper men with a broad grin as he left the White House today shortly after the de- cision of the Supreme Court on the ‘Wagner law was announced. Senator Ashurst insisted that the Supreme Court’s decision had not been discussed while he talked with President Roosevelt and that the first report he had of it came from the newspaper men. Joking at references to his own political inconsistency, Senator Ash- urst said, “I should give Justice Rob- erts a degree.” “Destiny is tolling its invincible bell,” declared Senator Ashurst, wax- ing eloquent. When asked djrectly if he thought a more liberal court was needed in view of the latest decision, he said, “We can’t have too much of a good thing.” Senator Ashurst was then reminded that Senator Lewis of Mlinois was quoted as saying the hearings on the court proposal would nof concluded before July and was as] if the Illi- nois Senator was eorrect. Senator Ashurst said he was correct, but not with quite that brevity or directness. His eloquent reply was “Senator Lewis’ approach to accuracy is so nearly cor- rect as to be actually telepathic. Sen- ator Lewis has a remarkable way of being horoscopic.” The chairman of the Judiciary Committee then went on to explain that he believed in taking plenty of time for the hearings. The Senator closed nis comment by first saying, “People take counsel of their fears rather than their cour- age” and in his opinion “the great- est evil in modern life is to be able to endure the anticipation of calami- ties that we know will never hap- pen.” As for the Supreme Court deci- sion in the Associated Press case, Senator Ashurst said, “Of course news is interstate commerce. The transmission of news over wire or air will always be s matter of interstate commerce.” Ashurst closed his talk with news- paper men by insisting his conversa- tion with the sident today was confined to an xguhm project af- fecting Arizona. | | | Congress to regulate activities The epochal ruling on the Wagner law extends the power of which heretofore had been re- | garded as strictly intrastate in character, In the four major cases, Chief Justice Hughes joined with holding the legislation. Justice: The court was unanimous only i Virginia & Maryland Coach Co. involved in this case. The cases in which the law was by the Jones & Laughlin Steel Corp, country; the Fruehauf Trailer Co. of | it is engaged in interstate commerce Freedom of Press Held Unabridged By Labor Statute The Supreme Court ruled today in | a 5-to-4 opinion in the Associated Press case that being subject to the national labor relations act does not abridge constitutional rights of a free press. The decision also held that the press association is engaged in inter- state commerce. Five justices concurred in this opinion upholding validity of the labor relations law, the decisions be- ing read by Justice Roberts. Dissenting, four justices joined in declaring that application of the law to the press association does abridge the freedom of the press. Interstate Commerce Ruling. Making their pronouncement that the news organization is engaged in interstate commerce within the mean- ing of article 1, section 8, of the Con- stitution, the majority elaborated their belief as follows: “It is an instrumentality set up by constituent members who are en- gaged in a commercial business for profit, and as such instrumentality acts as an exchanrge or clearing house of news as between the respective members and as a supplier to members of news gathered through its own domestic and foreign activities. “These operations involve the con- stant use of channels of interstate and foreign copmunication. They amount to cofgmercial intercourse Associate Justices Roberts, Brandeis, Stone and Cardozo in up- s Butler, Sutherland, McReynolds {and Van Devanter registered emphatic dissents. They bore a petition they said had | been signed by 25,000 of their neigh- | n the case brought by the Washington, No question of interstate commerce was Case Involves One of Largest Steel Firms. upheld by a divided vote were brought of Pennsylvania, fourth largest in the Michigan, the Friedman-Harry Marks Clothing Co. of Richmond, Va., and the Associated Press The press association case involved two important questions—whether and whether the law violated the free- dom of the press. The court held the association was engaged in interstate commerce and that the law, as applied in this particular case, did not invade 4 the freedom of the press. As a result of the ruling, the Asso- ciated Press will be required to rein- state with back pay Morris Watson, a New York editorial employe, who was discharged, according to a finding by the National Labor Relations Board, because of his activities in behalf of the American Newspaper Guild The three manufacturing cases in- volved substantially the same question —whether factors causing labor dis- putes in the business of manufacturing are subject to Federal regulation. Interstate Ruling. In earlier cases, the court had de- clared manufacturing to be an in- trastate business and, therefore, not | subject to regulation by Congress. Taking a different view in these in- stances, the majority of the court held | that the character of the work done by | & particular group of employes might | be intrastate in nature, but that Con- | gress could still legitimately legislate to prevent the outbreak of labor strife {if such strife would have a substan- tial effect on the free flow of inter- | state commerce. The court found that discrimination against workers engaged in manufac- turing because of their union affilia- tion and a refusal by employers to bargain collectively with them were conditions calculated to produce such an effect, The decisions were handed down be- fore a packed court room. Hundreds of the tourists now jamming the Capi- tal had flocked to the SBupreme Court Building, but only a small percentage was able to get in. Among the notables present were | Mrs. Charles Evans Hughes, wife of the Chief Jufgice; W. 8. Van Dyke, motion pictur® director; Mrs. J. Bor- (See MINORITY, Page A-2.) (See COURT, Page A-2)