Evening Star Newspaper, April 16, 1937, Page 21

Washington News CREDIT AUTHORITY OF LIQUOR BOARD UPHELD BY COURT Discretionary Power on Ac- counts’ Extension Is Supported. HOUSE GROUP TO STUDY ADMINISTRATION OF ACT Palmisano Heads Subcommittee After He Charges A. B. C. Is Collection Agency. In a ruling handed down less than 24 hours after a special subcommittee of the House had been set up to in- vestigate the Alcohol Beverage Control Board's administration of the liquor control act here, Justice Daniel W. O'Donoghue of District Court today upheld the authority of the board to determine what constitutes a reason- able extension of credit by liquor wholesalers to retailers. Justice O’Donoghue refused to en- Join enforcement of a one-day license guspension against William S. Martin, proprietor of a restaurant at 1264 Wis- consin avenue. The A. B. C. Board had ordered Martin's license suspended for one day because he allegedly al- Jowed a $21 bill to run over the 15-day limit set for such credits The House inquiry resulted from charges by Representative Palmisano, Democrat, of Maryland that the board has been acting as a “collection agency” for liquor wholesalers. Palmisano Is Chairman. Palmisano was named by Chairman Norton of the House District Com- mittee to head the special subcom- mittee. He said he probably would begin the investigation next week by calling members of the board before the subcommittee to explain why they suspended licenses of retailers for failure to pay debts promptly to whole- salers. Named on the subcommittee with Palmisano were Representatives Sacks of Pennsylvania, a Democrat, and Brewster of Maine and Dirksen of Tlinois, Republicans. Another Demo- crat is to be appointed later. In the court case, Martin, a former Georgetown University athlete, argued through his attorneys that the reason- ableness of each credit extension should be determined on the facts rather than through application of a hard-and- fast rule. Discretionary Power Upheld. Justice O'Donoghue decided, how- ever, that the board might use its own discretion in laying down rules to decide the reasonableness of a credit extension, and that the court has authority to interfere only if the action by the administrative agency is man- ifestly arbitrary and unreasonable. Assistant Corporation Counsel T. Gillespie Walsh, representing the board, had informed the court the suspension was ordered only after the board had considered Martin's dealings over an extended period. “If the court should grant this injunction, the very purpose of the law would be thwarted,” asserted the jurist. injunctions would impede the opera- tions of the board and bring it into disrepute.” In discussing the proposed inquiry, Representative Palmisano said: “I do not propose to protect dealers who don’t pay their debts. I pay my debts and I believe everybody else should, too. But I don't think the Alcoholic Beverage Control Board should be a collection agency for wholesalers. “Maybe there’s a good reason why & dealer can’t pay his bills when they come due.” Mrs. Norton did not name two other subcommittees to investigate the pub- lic utilities act and the automobile financial responsibility law, because of apparent confusion over the com- mittee’s action at its meeting Wednes- day. Representative Dirksen, who made & motion for an examination of the act creating the Public Utilities Com- mission, insists it was adopted. And Representative Nichols, Democrat, of Oklahoma, who proposed an inquiry into the automobile responsibility law, is equally insistent his motion was adopted. The minutes of the meeting, however, failed to record such action. As a result, Mrs. Norton plans to wait until the next meeting to straighten out the situation. Sees Need in Changes. Dirksen said he would renew his motion, if necessary, because he firmly believes the organic act of the Public Utilities Commission should be modernized. “I am interested in finding out whether the commission might be granted broader powers and whether it is hamstrung in its efforts to control public utilities by an ob- solete statute,” he declared. .. Nichols pointed out if a subcom- mittee is not appointed to study the automobile financial responsibility act, he proposed to include that subject in the investigation the special subcom- mitttee of which he is a member is to make of District finances and the proposed reorganization of the munici- pel government. Pigs Fed Cod Liver Oil, Cod liver oil fed to pigs was the idea of the animal nutrition authori- ties in London, but now they are not #o sure the method is a success. It was thought that the pigs needed the wvitamin D found in the oil, and they apparently thrived on the daily doses. The bacon from the pigs, however, is said to contain more than suggestion of the flavor of the cod. BAND CONCERT. By the Army Band in the audi- torium at 11:30 a.m. tomorrow. Capt. Thomas F. Darcy, leader. Program. “0ld Comrades” March. March from “Third Movement, Sixth Symphony”..._Tschaikowsky “Qortege” from the “Petite Suite,” 3 Debussy *“Waltz, Op. 39, No. 15” “The Purple Carnival” March__Alford “The Star Spangled Banner.” “Such | @he Foen WITH SUNDAY MORNING EDITION WASHINGTON, D. C, lArm'y Controls Air Troffic PN S Bolling F RMY airplanes in the District A are subjected to rigid traffic control methods with the com- pletion at Bolling Field of a traffic control tower, which also serves as a base for the corps area com- munications network. By radio, light guns and regula- tions the new tower exercises complete control over the movements on the ground and in the air of all Army | aircraft. Eventually the control sys- | tem probably will be co-ordinated with that at Washington Airport, and negotiations are In progress for a handling of naval aviation opera- tions from the Anacostia Naval Air Station in co-ordination with Army | and civilian operations. With increasing aerial traffic con- gestion, it was pointed out, strict methods of control are essential to safety, especially during bad weather and at night. TRAL OF RHODE RESUNES HONDAY Judge Calls Recesses to Study Minutes of Fidelity Loan Association, The retrial of Fred B. Rhodes, 61- year-old former president of the now closed Fidelity Building and Loan Asso- ciation, who is charged with forgery, today was in recess until Monday. Proceedings were deferred yesterday afternoon to make way for sentences and arraignments, scheduled today in District Court. The trial, necessitated when the first jury deadlocked after 22 hours, will be resumed with Mrs. Ruth S. Horner, former assistant secretary and assistant treasurer of the association, and now in Rhodes’ law office, on the stand. Called yesterday, as the first Gov- ernment witness, Mrs. Horner re- peated her previous testimony—that Rhodes signed the withdrawal slip against the Fidelity deposit of Desire A. Irt, 65 K street, which forms the basis of the forgery charge. The defense contends that this was a “bookkeeping transaction” in an in- volved series of manipulations that accompanied & row with the Control- ler of the Currency, who was trying to close Fidelity's five branches. The slip, it was testified by Mrs. Horner, was used to cover an overdraft by Rhodes in the company's accounts. Good Insurance Risk. Everett Kennon of Mine Run, Va., has been in 19 automobile accidents without suffering serious injury. The new Planes Subject to Rigid Regulation at Bolling Field. s, ield control tower. The new Bolling Field tower, one of the most complete of the kind in the country, has been constructed just south of the engineering hangar at the Army field in & position where it commands an unobstructed view of the old and new fields, the Naval Air Station and Washinton Airport traffic across the Potomac. The tower crew also controls high- way traffic lights installed on the roadway between the old aud new Army flelds at the foot of the re- cently cleared ravine at the end of the east-west runway. This ravine has been cleared of trees and tele- phone wires to provide & more un- ohstructed approach. The tower is manned by & crew of Air Corps enlisted men who have had training at air transport control tow- ers at Newark, N, J.; Cleveland and other points. CLEMENGY DENIED T SHOPPE SLAYER ' Thomas Jordan Must Die May 14 at District Jail. Thomas Jordan, 30-year-old bus boy, must die in the electric chair at the District Jail on May 14 for the murder of Mrs. Lizsie S. Jaynes, cashier of the Garden T Shoppe, President Roosevelt has ruled. Jordan’'s last hope of escaping the chair was blasted when the President declined to extend executive clemency to him after a lengthy study of the case by the Department of Justice. The Department of Justice was no- tified yesterday of the President's decision. Jordan has been granted five re- prieves to permit careful considera- tion of his plea for clemency. All angles of his case were studied by attorneys in the department and by Attorney General Cummings before the latter sent a final report to the White House. Mrs. Jaynes was shot by one of two hooded bandits who entered the restaurant on Columbia road near Eighteenth street late on the night of April 3, 1931, and robbed the cash register. Mrs. Jaynes was not aware of the fact she had been shot until she reached her home. The men fled in a car driven by a woman. Police arrested Jordan shortly after the robbery but released him for lack of evidence. The crime was a mystery until last May, when United States Attorney Leslie C. Garnett received from Jordan a letter asking if he had been cleared of all suspicion in the case. McGrath, Irked Irked by the Trial Board's consider- ation of charges against him which were subsequently dismissed, Police- man Willlam H. McGrath, formerly attached to the Police Court branch of the corporation counsel’s office, today submitted his resignation from the Police Department. The resignation was contained in & formal letter submitted to the Com-= missioners through Police Supt. Er- nest W. Brown. 3 McGrath, who was charged with performing legal services for compen= sation, in violation of police regula- tions, said he intends to practice law as an associate of Robert W. McCul- lough. [ “Upon consideration of certain un- pleasant circumstances,” McGrath said in his resignation, “I deem it of the utmost importance to my future welfare that I sever all connection with the Metropolitan Police Depart- ment in order that I may engage in the practice of law.” After citing the date of his appoint= ment to the force, March, 1924, and “his subsequent assignment to Poli® by Considering Of Charges, Resigns Police Post Court, McGrath said, “In view of the many commendations and compli- mentary remarks of my immediate superiors for past services, I assumed those duties to you (the Commission- ers) and more especially the public have been properly and efficiently per- formed.” Failure of the complaining witness to prosecute last week resulted in withdrawal of four charges against McGrath. He was to have faced the Trial Board on charges of making an untruthful statement before a court, conduct prejudicial to the-good order, reputation and discipline of the police force, and accepting employment which interfered with the proper per- formance of police duties, in addition to the charge of performing legal serv- ices for compensation. Following dismissal of the charges, Maj. Brown said “there is no longer & vacancy” when he was asked about the possibility of McGrath returning to Police Court. McGrath recently had been at- tached to the ninth precinot. He re- quested that his resignation take effect My 18 . [ FRIDAY, APRIL 16, 1937. ny Star XX NEW MILK PROBE DEMAND STUDIED BY SENATE GROUP Chairman King Given Views of Mrs. Boyle of Con- sumers’ Council. INCREASE IN PASTURE CITED AS CUTTING COST Farmers Said to Believe Too Much Spread Exists in Price to Purchasers. Chairman King of the Senate Dis- trict Committee today was considering another demand for a thorough inves- tigation of high milk prices, which are expected to continue here after the availability of Spring pasturage cuts the cost of production. The demand was made by Mrs. John Boyle, jr., chairman of the Washing- ton Consumers’ Council, and followed the announcement by B. B. Herrick, director of the Maryland-Virginia Milk Producers’ Association, that the 14- cent price will be continued here after May 1. This price was agreed to by the Ag- ricultural Adjustment- Administration last Fall as a temporary emergency measure necessitated by the lack of pasturage and the high price of feed. Experts say the reasons for the price boost no longer exist. In her letter to Senator King, Mrs Boyle declared, “Thousands of school children and sick today are unable to enjoy the proper amount of milk be- cause they are not in a financial posi- tion to purchase milk due to the high price prevailing.” Investigation Indicated. Mrs. Boyle pointed out that last Summer Senator King expressed in- terest in the problem and said he would eonduct an investigation into the entire situation. “There is no justification for con- tinuing the high price tc the con- sumers,” Mrs. Boyle wrote, “in view of the fact that the milk producers will not have to buy much feed for their cows in the Spring.” Attacks Dealer Margin. “It has been the contention of my council for the last four years that | the price of milk in Washington is too. high. Our position is based upon the extraordinary dealer's margin, which always remains the same, re- | gardless of the price paid to the farmer,” Mrs. Boyle declared. “It has never been proved what it ©costs the farmer to produce his milk nor what it costs the dealer to pas- teurize, bottle and deliver it. We do know that the retail price to the consumer in Washington is higher than in most other cities of similar size. The Washington consumers asked ~the Maryland and Virginia Milk Producers’ Association and the distributors to justify their price. At the hearing last July and October be- | fore the A. A. A., when the milk mar- keting agreement was up for consid- | eration, there was no evidence of- fered that would justify or support a | higher price in Washington than | elsewhere. If the claims of the as- | sociation and distributors for the | present retail price of milk are just, | they ought to welcome and co-operate | in asking for an investigation to clear up this matter.” SAILORS T0 RECOVER FOR LOSSES IN FIRE Those Who Lost Personal Effects in Blaze at Navy Yard to Be Paid. Naval enlisted men who suffered a loss in personal effects during the fire among the buildings of the navy yard | | here in July, 1935, will be reimbursed | by the Government by provisions of | an act of Congress signed yesterdnyi | by President Roosevelt. The President also signed similar acts reimbursing certain civilians em- ployed at the Naval Operating Base, Hampton Roads, Va., who lost tools in a fire at that base in May, 1930, and providing for the reimbursement of certain enlisted and former enlisted men of the Marine Corps for the value of personal effects lost by fire at the Marine Barracks, Quantico, Va., Oc- tober 5, 1930. Other bills signed by the President included an amendment to an act making appropriations for the naval service for the fiscal year ending June 30, 1910, so as to extend commissary privileges to widows of officers and enlisted men of the Navy, Marine | Corps and Coast Guard and also to| officers of the foreign service of the | United States at foreign stations. LUND WILL MANAGE D. C. RED CROSS UNIT To Fill Newly Created Post. Came Here From Ohio Flood Work. Otto S. Lund has been appointed manager of the District Chapter of the American Red Cross, it was an- nounced today. He fills a newly- created post. A native of Sweden, Lund entered the Red Cross in 1919, following serv- ice in the World War, and became as- sistant field director at Camp Dodge. Later he was associate fleld director at Camp Travis, Tex, and at the Great Lakes Training Station, and afterward served in Arizona, Califor- nia and Washington. General representative of the Red Cross 'in New Jersey for the last six years, he came here recently after flood relief work in the Ohio Valley. Bus Party Tomororw. A bus party into Virginia for the Ladies of the Grand Army of the Re- public, Department of the Potomac, and the Wheel of Progress Club is scheduled for 1:15 pm. tomorrow. Busses will leave from the F street en- | elected PA GE B—1 William E. Richardson (left), president; Representative Ross Collins (center), chairman of the House Appropriations Subcommittee, and Theodore W. Noyes, editor of The Evening Star, are shown at the 17th anniversary dinner of the Society of Natives last night, at which they were the principal speakers. civic service. SUMMER CONCERT PLANS ABANDONED Symphony Orchestra, Lack- | ing Funds, to Proceed With Winter Project. ' The popular Summer concerts in- [ augurated in 1935 by Conductor Hans | Kindler will be discontinued this season by the National Symphony Or- chestra because the campaign for a $110,000 sustaining fund for the or- chestra fell $26,000 short. The National Symphony Orchestra Association, however, will go forward with definite plans for a Winter season of concerts, it was announced by Corcoran Thom, president of the association. Thom expressed confidence that the sale of tickets will be materially in- creased this year to supplement the $84,000 raised in the campaign. A campaign for the sale of season tickets is being planned. Duty in Winter Plan. Thom said the board abandoned plans for the Summer concerts “with great reluctance,” but it “feels its first duty is to provide the orchestra for the regular Winter season.” The association closed its fiscal year April 15 without a deficit. The total income was $134,857 and disburse- ments were about $129,756. ‘Thom paid tribute to Dr. Kindler, saying that during the six years of the orchestra’s existence, Dr. Kindler has “devoted his experience, skill, patience and energy” to the development of the orchestra, and it is due largely to him that the orchestra is now rated by competent authorities as one of the really great symphony orchestras. Board Members Re-elected. Five members of the board, whose terms expired yesterday, were re- They are Mrs. Robert Woods Bliss, Mrs. Eugene Byrnes, Mrs. Reeve Lewis, Mrs. Edwin B. Parker and Paul | Wilstach. Association officers for the coming year will be elected at the next meet- ing of the, board. ESTATE OF MRS. LISNER IN EXCESS OF $2,000,000 Husband Is Chief Beneficiary TUnder Will Filed About a Week Ago. The estate of Mrs. Laura Hartmann Lisner, who left more than a half- million dollars to charity, aggregated more than $2,113,134, her executors told the District Court late yesterday in a petition for probate of her will. She was the wife of Abram Lisner, former owner of the Palais Royal Department Store, who is the largest beneficiary under the will, which was filed about a week ago. The executors, George W. White, William A. Rodenberg and Leon Tobriner, stated that Mrs. Lisner's cash and securities amounted to $2,008,820, and her real estate to $104,314. No value was given for her country residence at Springfield, N. H. The law firm of Tobriner, Graham, Brez & Tobriner represented the executors. SUBCOMMITTEE T0 0. K. REALTY BROKER CONTROL Palmisano Forecasts Several Amendments to Licensing Measure. A bill to license and regulate real | estate brokers and salesmen through a commission appointed by the Commis- sioners will be favorably reported to the House District Committee Wednes~ day by a subcommittee which has had it under consideration. Representative Palmisano, Democrat of Maryland, the subcommittee chair- man revealed, however, that several amendments would be proposed. One is expected to prevent brokers who are not members of the bar from draw- ing deeds of trust or mortgages. The subcommittee’s decision to re- port the bill favorably followed a pub- lic hearing yesterday at which Joseph W. Marshall, director of the Better Business Bureau, stressed the need of the proposed legislation, by explaining how unscrupulous real estate dealers have “hoodwinked” Washington people with various schemes. Army Lottery Backed. Agitation for a lottery in the Japa- nest Army has grown to such propor- tions that the authorities at Tokio are considering the plan. The proceeds would be spent for promation of avi- ation and improvement of anti-sire craft defenses. Prizes would renge trance of the Washington Hetel, from $1.80 to $30,000. - | sary of the laying of the first corner Mr. Noyes was presented with the society’s first certificate of public and —Star Staff Photo. D.C. Population of 1,500,000 Within “Few Years” Predicted | Society of Natives at Annual Dinner Told of Bright Future for Washing- ton by Representative Collins. Predicting that the National Capital may grow to a population of 1,500.000 within a “few years,” Chairman Col- lins of the House Appropriations Sub- committee in charge of the District supply bill 1ast night told the Society of Natives the city “would prosper | and develop into the kind of a com- | munity which its founders wished it to be.” Collins spoke at the anflov\'er‘ Hotel, on “The Future of Washinguon | as a Center of Education, Cullure; and Art.” He made passing reference to the fact that he could talk on “current problems™” of the District, but would confine himself to this special sub- Ject. He read his address, which was short. The society, at its annual dinner, in celebration of the 146th anniver- stone of the District, and the seven- teenth anniversary of the founding of | the Society of Natives, conferred its | first certificate of public and civic service on Theodore W. Noyes, editor | of The Star. The certificate was presented by John Clagett Proctor, chairman of a special committee on award, who paid high tribute to Mr. Noyes, in original verse. Loyalty Inspired. In responding, Mr. Noyes expressed deep appreciation for the honor. “Our society, by honoring every year | the public service of one citizen | among the many who labor faithfully | to build up the greater Washington,” he said, “stimulates and strengthens civic loyalty and community service. It tends to inspire us as Washing- tonians to battle as never before in harmonious co-operation to adorn, to develop, to purify and to exalt the city which we love.” William E. Richardson, president of the society, presided. He paid tribute, | both to Mr. Collins and to Mr. Noyes. The twofold purpose of the society, he said, was to bring about a better understanding of the history of the District and to work toward “making it a better place in which to live.” Mr. Collins, in his praise of the| National Capital, said it “can boflst’]the local community, the people of | ve of some of the greatest and finest| Washington, physically, intellectually, | dr: institutions of learning, of culture and of architectural beauty in the| world. Very rightly,” he sald, “Wash- | ington has been called ‘one of the leading educational centers of the‘ United States The speaker listed | many of these institutions of learn- | ing and asthetics, “world-renowned institutions of scientific research and libraries.” | “Washington's renown as a center of learning is no idle boast,” he said. “It is willingly and gratefully admit- ted by all who come here and feast with us as guests at the intellectual banquet, as it were, spread before us in our Capital City.” Visions Boundary Extension. Referring to the increasing crowds that flock to the Capital, Mr. Collins said: “Of course, we fully realize that ample provision will have to be made for the influx of these hosts.” Predicting the population will reach 1,500,000 within a few years, he said | the District already was becoming “crowded,” so that thousands of Gov-| ernment employes and business men | g0 to nearby Maryland and Virginia to live. “It will become imperative, therefore,” he said, “sooner or later to restore the old boundary lines that an understanding to this effect should be reached with these States.” The speaker praised the foresight of President Washington and L'En- fant in laying out the city as a “masterpiece of landscape architec- ture.” He predicted Washington would “prosper and develop into the | year 1936 | dent | of kind of a community wished it to be.” The certificate presented to Mr. Noyes declared that by unanimous vote of the society he had been given “its annual award for the most meri- torious and outstanding public and civic service rendered by a native of the District of Columbia during the in leading the cause of fiscal and political equity for the people of the District of Columbia.” The certificate was signed by Presi- Richardson and Miss Emma A Bright, recording secretary. Mr. Proctor in verse-tribute to Mr. Noyes outlined his career, declaring that Washington considered him “its foremost guide” and appreciated his its founder | fight for national representation and “fiscal equity.” Civic Consciousness Developed. Mr. Noyes declared he was “proud” to be a native Washingtonian and outlined many accomplishments bf this city in war and in peace. sent more soldiers and sailors to the World War than seven States, he said, 2 greater percentage of volun- teers than 43 States, and was “also among the leaders in total and per capita contributions to war donations (as through the Red Cross) of war taxes and of war loans through Lib- erty bonds.” “The District of Columbia,” he | said, “has vigorously developed civic | consciousness as a fine, strong Amer- ican community, organized and homo- geneous, populous, patriotic, and pub- lic spirited, conspicuous fot its high percentage of native-born Americans, for surpassing excellence in compara- | tive literacy and for characteristic and dominating Americanism.’ The Society of Natives, Mr. said, was part of the ‘“great army organized Washington” fighting “to win and safeguard the American rights, privileges, powers and inter- ests of the Washingtonian.” “In this battle,” he said, “we fight for the. development of the Capital, the Nation's city, in attractiveness, in health and in every phase of ma- terial prosperity. “We fight for the betterment of Noyes morally. “We fight to protect the Washing- tonian as a taxpayer against excessive and unjust burdens and to relieve him as an_American citizen from the un-American, hurtful and humiliat- ing discriminations to which he is unnecessarily subjected.” Entertainment was by Mary Apple, soprano, of New York, a native of Washington, accompanied by Claude | Robeson; George H. O’'Connor, ac- companied by George G. Wilson, and Arthur Pierce, member of the Grid- iron Club. President Richardson was chair- man of the Committee on the Dinner, with Mrs. Watson V. Shelton, vice chairman. Guests at the head table included, besides the speakers, Judge Peyton Gordon, United States District Court; Judge Ellen K. Raedy, Municipal Court, both natives of the District; Jesse C. Suter, honorary president of the society; Fred A. Emery, past presi- dent of the society; Rev. Paul Wilbur, rector of the Church of St. Stephens and the Incarnation; Miss Apple, Mr. Robeson, and Thomas E. Lodge, presi- dent of the Federation of Citizens’ As- sociations. Canberra Beauteous City. Canberra, capital of Australia, with | only 8,000 inhabitants, now has nearly | 3,000,000 trees on its 80 miles of streets and 22,000 rose trees in gardens in one-half mile of thoroughfare. Big Traffic Jams Ex pected In New Cherry Blossom Crowd Despite uncertain weather condi- tions, another record-breaking throng, made up largely of visitors, is expected to trek to the Tidal Basin over the week end to see the Capital's famed | Japanese cherry blossoms. | Barring high winds or driving | rains, which would whip the fragile | blossoms from -the branches, the cherry trees will present a pleasing display, according to park officials. Although “light frost” and a mini- mum temperature of about 38 are ex- pected tonight, the forecaster predicts tomorrow will be slightly warmer with “Increasing cloudiness.” Fresh northwest winds, probably not of damaging velocity, will aweep over the city tomorrow, but they are expected to diminigh by Sunday. Showers are “possible” Sunday, the Weather Bureau said in a week end “outlook,” but the mercury probably will rise to a comfortable level Traffic authorities, last Sunday, are preparing to handle another “ctush” in the Potomac Park area and at entrances to the city. The spectacle that has attracted thousands of visitors, most of them prepared with cameras to catch the delicate blossoms in all their glory, will soon fade, but another display will follow, in East Potomac Park where the double blossoms soon will be seen. .Officials of the National Capital Parks today predicted the double blossoms will be out some time betweén April 35 and May 1, pro- viding the weather is favorable. It | overwhelmed | LABORATORY TEST MAYSETTLEBASIN MEMORIAL ISSUE |Whether Alterations Would _ Hinder Channel Flushing Is Question. SCALE-MODEL EFFECT DETERMINING PLAN Federation of Business Men's As- sociations Latest to Oppose Jefferson Site. Whether flushing of Washington Channel will be hampered by altera- tion of the shape of the Tidal Basin to permit erection of the Thomas Jefferson Memorial—one of the figh ing points of critics of the projes may be decided by laboratory tests. This possibility arose today when it was intimated that Army engineers may conduct a scale-model test in their laboratories at Vicksburg, Miss., to de= termine if altering the basin, as pro- posed under the plan of John Russell Pope of New York, architect for the memorial, will interfere with flushing of the channel A report on the proposed basin realignment has been submitted to Secretary of War Woodring by Maj. Walter D. Luplow, district engineer | for the War Department for the Wash- | ington area. Although the report is | available to the National Capital Parx | and Planning Commission, it has not | been made public | Engineers have opposed volume of water in the bas to maintain educing t anitary conditions there iand in the channel, but in the ab- sence of an approved final plan for the | memorial those favoring the project {5ay it has not been shown the water | area would be reduced Concern Over Channel. | The engineer office is not opposing the basin site, Maj. Luplow made | clear. The engineers are insistent, | however, that the new layout will ade- | quately flush the channel. In effect, | the engineer office * 0! studies based on an approved final plan Maj. Luplow said he i cerned with the hydraulics o ation, and has no objection to plan so long as it con the same purpose as gram Both the inlet and outlet gates would be preserved under the ap- proved plans of the commission, Lup- low said, and care would have to be | taken to have a proper flow of cur- rents, especially in the corners, to avoid dead ends and stagnant water. Under the announced plan, 9715 per cent of the water area would be pre- served, he said. Twice every 24 hours, he said, the tide, which rises on an average of three feet, flushes out the Channel. The engineer' said there are 111 acres in the Basin, which was con= structed in the latter part of the last century. An integral part of the h bor, it is linked with the channel de- velopment, on which engineers are now engaged in wing plans. This calls for an expenditure of $1.600,000 by the Engineer Office, but, addi- tion, Water street is to be improved, the Coast Guard is planning c ing a headquarters there and | provements are in prospect d | Business Men Opposed. ‘ Latest opposition to erection of the im- memorial was voiced last night by the | Federation of Business Mean's Asso- | ciations. They not only rejected the plan to construct the memorial, on the ground it would destroy the Japa- nese cherry trees, but they asserted the location is unsuitable. Meanwhile President Roosevelt re aled he has no intention of being awn into the controversy When | asked directly for his opinion at his | press conference today, he said the | decision was one which lies with Con- | gress. | There is reason to feel the President is in entire accord with the detailed plans and everything else in connec- tion with the project, however, since | he approved the site, and inasmuch as the project has the approval of tue Fine Arts and Park and Planning Commissions. Mr. Roosevelt, ex-officio chairman of the Memorial Commission, has been kept advised of the plans. He gave his approval to the drawings by Pope before the commission acted officially. Criticisms to Be Answered. Coming again to the defense of the memorial, as proposed, Representative Boylan, Democrat, of New York, chairman of the Memorial Commis~ sion, promised an early answer to all criticisms. “They say,” said he, “that the me- morial plan will destroy the cherry trees around the Tidal Basin. That is not true. We have gone into all that. Government horticulturists tell us, for instance, that the cherry trees have a definitely limited life of about 30 years.” Pointing to the replacement pro- gram that has been going forward during the last five years, Represent= ative Boylan said: “As a matter of fact, we are assured that under the plan, as developed, there will be room for more cherry trees than there are now.” MAN, 68, IS TREATED FOR HOLD-UP INJURIES A 68-year-old white man required hospital treatment last night for in- Jjuries received in a hold-up near his home. The victim, George Cole, 105 I street, told police some one grabbed him from behind and hurled him to the ground. His wallet, containing $9, was taken Cole was removed to Casualty Hose pital, where he was treated for lacera~ tions to the neck and legs. Violence also was resorted to in the attempted robbery of William Timber« brook, 35, of 1031 Tenth street north. east, who reported three colored youths pulled him into an alley in the 800 block of K street northeast yester: day afternoon. They got nothing Police later arrested three coloret boys, one 15 and the others 17, in con: nection with the robbery attempt.