Evening Star Newspaper, April 29, 1937, Page 2

A2 *% THE EVENING STAR, WASHINGTON, D. C, THURSDAY,- APRIL 29, 1937. HOFFIAN ACTS TOEND VIOLENCE Jersey Governor Sends State Police to Thermoid Plant at Trenton. BACKGROUND— Ezxecution of Bruno Richard Hauptmann for kidnap-murder of Lindbergh baby was delayed briefly vear ago by sensational “‘confes- sion” of Paul H. Wendel, New Jer- sey lawyer. Police discredited Wen- del story and flve persons were ar- rested charged with conspiracy. The Government claimed the five kid- naped Wendel and forced the “con- fession” from him for their own profit. Among those named was Ellis H. Parker, chief of detectives in Burlington County, N. J. By the Associatea Press, TRENTON, N. J., April 29.—Gov. Harold G. Hoffman ordered State po- lic~ today to “take over the situation” at the strike-disrupted Thermoid Co. plant, saying “the issue at stake is whether there shall be violence and mob rule, or whether there shall be law and order.” “A certain number of people,” said the Governor in a statement, “have determined to take the law into their own hands, to resort to violence and sabotage, and to threaten, coerce and assault employes of the company ca their way to and from their homes, and to resort to acts of vandalism that can- not, and will not, be tolerated in the Btate of New Jersey.” “The thermoid strike presents an unusual situation,” he said. “In this case a majority of the regular em- ployes of the company have signified their willingness to work. * * * A number of remaining employes, under the influence of outside agitators, have determined to prevent employes from the exercise of a right that is guar- anteed to every American citizen— that of obtaining an earned living.” Thirty-two State troopers took up &tations outside the rubber plant today to enforce a Chancery Court order against mass picketing and inter- ference with the business of the company by strikers and sympathizers, About 150 pickets were outside the plant when the State police cars rolled up. The demonstrators were parading back and forth behind a man bearing an American flag. About 300 workers at jobs in the re- opened plant have remained inside three nights rather than attempt to run the picket line. They entered the plant Monday after it had remained idle two weeks. The United Rubber Workers of Amer- ica, a Committee for Industrial Or- ganization affiliate, called the strike April 8. Each side accused the other of violating a two-week-old agree- ment. NEGRO SPIRITED AWAY IN ATTACK ON WOMAN Georgia Police Chief Says He Was Last Seen With White Men in Auto. Es the Associated Press, MIDVILLE, Ga., April 29.—Police Chief L. W. Murphey said today five men captured a Negro wanted in a criminal attack case at Blythe, Ga., and took him away in an automobil “Where he is now we do not know,” Murphey said. “The Negro is known as Willie Hop- kins. We heard he was in the vicinity of Midville today and went to look for him. “About a mile from Midville we learned that five men from Blythe had picked him up and taken him away in an automobile.” A Negro, apparently a farm hand, attacked a 38-year-old white woman &t her home near Blythe early Mon- day. FARLEY IN OHIO TODAY Will Officiate at Dedication of Two Post Offices. EATON, Ohio, April 29 (#).—Post- master General James A. Farley swung into Ohio today for the dedication of two post offices, conferences with Ohio political leaders and a series of ad- dresses. Coming here from Richmond, Ind., Farley was scheduled to dedicate the city's Federal Building, then proceed to Dayton for a luncheon at which former Gov. James M. Cox of Ohio, the Democratic party's 1920 Presiden- tial candidate, will preside. From Dayton, Farley and others in his party were to be driven to Lebanon for dedication of that city's new post office, and return to Cincinnati for a banquet tonight. Rustlers Get Peach Trees. GRAND JUNCTION, Colo. (#).— Even the peach trees, out in the West are not safe from ‘rustlers.” Some one drove into F. R. Roe's orchard at night and stole 100 young trees from his nursery. In the future nurserymen may resort to branding their trees, like stockmen brand cattle. Congress in Brief TODAY. Senate: Considers conference report on per- manent neutrality bill. Judiciary Committee studies Roose- velt court bill in closed session. La Follette Committee studies in- quiry into Harlan County, Ky., labor disputes. House: Debates Army appropriation bill. Rules Committee considers perma- nent C. C. C. legislation. Interstate Commerce Subcommittee continues “hot oil” hearings. Agriculture Committee studies sugar legislation. TOMORROW. Senate: May be in session to take up de- ficiency resolution, unless it passes today. Capital Auditorium Commission meets in executive session to organize. La Follette committee continues hearings on civil liberties investiga- tion. House: Continues debate on War Depart- ment appropriation bill. Judiciary Committee considers long- shoremen's compensation bill, 10:30 am. Merchant Marine Committee consid- ers graduate school-ship bills, 10 a.m. Agricultural Committee considers sugar quota hill, Washington | Wayside Tales Random Observations of Interesting Events and Things. MENU. vations. a modest menu. tions: “Party for four. ning waiters. (1926) iced. “Cocktails. 25 sidecars. like them, myself,’ Mr. Lynham said.) “Supper. potatoes and gravy. 25 gardenias for ladies. said.) “25 plates hors d'oeuvres. hanock River herring raw. No roes stand herring,’ he mused.) “25'2 b. & b. liqueurs. know who gets the 13, can flip for it.’) “12 fifths of Scotch. for all. and olives.” * % ok % PARTING SHOT. By this time quite a crowd had gathered around and stood mar- veling at this bit of invention. Mr. Lynham stepped back and regarded his handiwork thought- fully. Then he said, “You know, I think maybe we're going-to feel pretty bad after this party. Let's have another one Monday night, what?” M column before, * Xk X x SCARE. ARY COWLES, a young fierce screen melodrama ears chopped off. ing meemies. by a messenger boy | frantically on the door. from the lad all right. It said “Beo!!” * Xk X X PERSECUTION. a lady columnist. her stories, and the lady says the copy reader doesn't know from noth- in’ about the subject matter of her column. ‘We happened to sit in for a short time on a conference between the two yesterday while they were arguing amiably over some recent difficulties. The lady happened to glance over at a piece of her copy, somewhat mutilated, which was spread out on the desk. At the top was the marking “Slug: Such and Such—2 col stock head.” “Now, what are you doing to me?” she cried. “Look at that. slug my copy!!!” Telling them to * K K % EXPATRIATE. IGGING around in the thick mys- teries of military lore the other day, we discovered that there is one regiment in the United States Army which has never seen the United States. It is the 31st Infantry, created in 1916 and organized in the Philippines. The islands are its home station, al- though it has never fought a Filipino, and its active service has all been on the Asiatic mainland, in Siberia from 1918 to 1920, in defense of the Shang- hai International Settlement during 1932, Ny Quite a few robins we know about are going to spend the Sum= mer down near Constitution avenue, although they didn’t know it when they started building nests a short time ago. They selected some 30- foot magnolia trees which were parked on a Department of Com- merce parking lot, waiting for a planting crew to get to work. Crews arrived recently and took the trees down the street to their permanent location, where they have been planted, fertilized and guy-wired. Meanwhile the lady robins had been fairly busy, too, and the nests are occupied by some eggs. We don’t know whether the bird hutches still hang at the proper angles since moving onto a new lot. * K % HOWZAT? PDOPLE continue to deluge us with letters about queer signs they see around. We rather like it, since it is far better to be deluged with signs than with all that you-know-what that has been drizzling down this week, and besides the signs amuse us. Latest one is this, from a cafeteria window: “HALF-FRIED CHICKEN—80c.” [ HORTLY before dawn rolled up to mar the beauty of a flock of night owls in a local nitery last Sunday morn, we happened to notice Mr. Charlie John Lynham, who is a lawyer by day, busily en- gaged in writing things in the book where the head waiter scribbles reser- He explained that it seemed like an excellent idea to him that a party should be given the night after the Virginia Gold Oup races, honoring & visiting young lady from Sing Sing, N. Y. To that end, he was designing | Looking over his shoulder, we saw the following nota- One table, with | bath and shower, hot and cold run- “At 8 p.m. 24 bottles champagne (‘I don't 28 fillet mignon, mashed | (“The only | lady will be the guest of honor, but | indictment. won't she look fancy?' the composer | | | Rappa- | (‘It might be better if we brought | the Rappahanock right by the band | tort money from the elderly bank pres- so we could select our own (‘Don’t Maybe we Also soda “Note: The management will pro- vide accoutrements, including celery lady The Nebraska Senator was asked | whose exploits have made this how he stood on the President's plan returned home the other night very much terrified by a maximum of six new members. she had witnessed, in which Miss Bette Davis |line-up were as inconclusive as be- suffered everything but having her | fore, because of the number of Sena- Miss Cowles ad- tors unwilling to talk publicly about mitted to her swain of the evening how they would vote. that the picture gave her the scream- Of publicly-committed oppenents was | After a night made horrendous OPenly for the bill. by dreams of cruel villains and help- | ' o less heorines, Miss Cowles was startled Plied Norris, “I will support it. out of her sleep the next morning whacking 'OR some time now we have been following with bemused interest a controversy between a copy reader and | The copy reader | says the lady makes horrid errors in | JURY STILL 0UT - INKRIEGER CASE {Loud Debating Heard as Jurors Seek Verdict in Blackmail Suit. A Distriet Court’ jury, weighing the guilt or innocence of Mrs. Mary Krieger and Samuel L. Frooks on charges of blackmail, was still dead- locked this afternoon. The jury, which began considering s verdict at 1 p.m. yesterday, was brought back to the Court House by deputy marshals at 9:30 am., after & night in a nearby hotel. Persons passing by the jury room could hear loud debating as the jurors endeavor to agree on a verdict. Mrs. Krieger and Frooks are accused of attempting to extort $2,500 from the late Carroll Pierce, Alexandria banker. The jury has interrupted its de- liberations only to eat and sleep. There has been no request for further instructions from the court which might give a hint as to the trend of discussion inside the room. Locked Up for the Night. The jurors were locked up for the night when they failed to reach a ver- dict by 11 o'clock last night, Justice F. Dickinson Letts instructed them to continue their consideration of the case this morning. Mrs. Krieger and Frooks remained with their attorneys in the corridors of the Court House throughout yesterday afternoon and evening. Mrs. Krieger appeared in good spirits as she left the building last night, assuring reporters she was confident the jury would ac- quit her this morning. The jury was instructed by Justice | Letts to weigh the guilt or innocence | of the pair under two counts of the | Two Definite Charges. | The first count accused the pair ori actual blackmail, while the second | count alleged the two conspired to ex- ident. Justice Letts told the jurors they could find one or both defendants | guilty or innocent of the blackmail | | charge. If they believe a conspiracy | existed, he said, they must find both | parties guilty under the conspiracy count,. The penalty for blackmalil is one to five years in prison or $1,000 fine, or both; for conspiracy, not more than two years nor more than $10,000 fine, or both. Judiciary (Continued From First Page.) | would not be offered as a substiute, but merely as a supplement. The Supreme | Court would be left at liberty by a 5-to-4 decision to hold a State law un- | constitutional. to increase the Supreme Court by a Private checks of the close Senate The number | 37, seven more than was counted | “If I can't get anything better,” re- He was asked whether the proposal of Serator McCarran for a flat in- crease of two new justices of the Su- | He handed her a telegram. It was Preme Court would be preferable to the President’s plan for six. Senator Norris said he had reached | no decision as between the McCarran | proposal and that of the President, and | that he wished to hear further discus- | sion of the McCarran amendment. | Notwithstanding the fact that yes- | terday's developments have made | impossible a favorable report by the | Judiciary Committee on the bill, there | was no indication that the committee | would vote before May 18 on the bill and amendments thereto. | Amendment Debate Ordered. | Senator Ashurst and other mem- | bers of the committee have pointed out that only by unanimous consent could the committee advance the date of voting. At least one Sena- | tor indicated no such unanimous con- | sent could be obtained. The commit- | tee was instructed to debate various amendments, including those of Nor- | ris, McCarran, Hatch and Senator | McGill, Democrat, of Kansas until| the day of voting arrives. Ashurst admitted tnere was no pros- pect of adoption of cloture when the bill reaches the Senate, since it takes & two-thirds vote to invoke such a rule. “I am against cloture myself,” he added. “However,” he continued, “time is & great softener. I believe that after two months of debate in the Senate we will get to a vote. Anyway, if the biil does not pass this year, it will pass next year, and there will be more votes for it in the Senate next year than this year.” Ashurst Queried on Poll. When Ashurst said the bill would be supported by 50 Senators on the floor of the Senate, he was asked if he had made a poll himself. “I have never made a poll of the Senate,” he replied. “The poll to which I refer was made by Senators opposed to the President's bill.” Notwithstanding the show of con- fidence by Ashurst and other admin- istration leaders, the sudden an- nouncement yesterday caused no lit- tle stir at the Capitol. It is expected that other Senators who have been on the fence will now declare them- selves in opposition to the court bill. Adverse Report Seen. Unless, the supporters of the Presi- dent's program change their attitude —which has been against any amend- ment or compromise—it seems entire- ly probable that the bill will be re- ported adversely in its present form. That is what the dyed-in-the-wool opponents of the bill desire, for they believe that the bill will be weakest in its original form. If the administration supporters in the committee should prefer to join with Senator McCarran in support of his proposal for an increase of two justices in the Supreme Court, the bill might be so amended and re- ported favorably, although the count would be close. There has been noth- ing to indicate, however, that the administration forces in the commit- tee will yield to such a compromise. Mr. Roosevelt is away for a vaca- tion for the next two weeks. He will return to Washington in time to get into the fight before the bill is re- ported by the committee, if the vote is delayed until May 18. Senator O'Msahoney, & former First Assistant Postmaster “Genersl, and conaidered closs to the administration, | ernment.” Opposes Bill Senator McCarran, Demo- crat, of Nevada shown after announcing yesterday that he will vote against President {’Z;lalt)sevelt's Supreme Court L. This decision by McCarran, called the “balance wheel” of the Senate Judiciary Commit- tee, with a similar stand being taken by Senator Hatch of New Merico and Senator O’Mahoney of Wyoming, both Democrats, presages a 10-to-§ vote against the bill in com- mittee. —A. P. Photo. made clear his position in a statement issued today, in which he said: “Although I am in thorough sympa- | lations Board, which conducted the | coal companie: thy with the President’s purpose to put PACKARD WORKERS END AGENT VOTE 20 Sealed Ballot Boxes Are in Hands of Labor Rela- tions Board. BACKGROUND— Struggle of Committee of Indus- trial Organization afiliates to be- come sole bargaining agent for workers in labor disputes has had automotive and other industries in constant state of turmoil since last Fall Recently at Hershey (Pa.) Chocolate Co., C. I. O. union was defeated in balloting. Vote taken in Packard plant yesterday was first since Supreme Court ruled on the Wagner labor act. BULLETIN. DETROIT, April 29 (#)—The United Automobile Workers of America won the right to represent Packard Motor Car Co. employes by a vote of more than four to one, in an election conducted by the National Labor Relations Board, complete returns showed today. The count, announced by Frank H. Bowen, regiohal director for the board, was: For the U. A. W. A, 11,588; against the union, 2,655. By the Associated Press. DETROIT, April 29.—Employes of | the Packard Motor Car Co. com- pleted voting early today on whether they want the United Automobile Workers of America as their sole col- lective bargaining agent. Twenty sealed ballot boxes were | turned over to the National Labor Re- | | referendum. It was to open them at | HOUSE INDORSES ' NEUTRALITY PLAN Compromise Conference Re- port Rushed to Senate as Deadline Nears, By the Associated Press. The House, in a race with time, adopted today a compromise confer= ence report on the Pittman-McReyne olds “cash and carry” neutrality bill. ‘The report went to the Senate, where leaders stood ready to jam it througn before nightfall. Arrangements have been completed to rush the bill to President Roosevelt by airplane so he might sign it before the present neutrality law expires Sat- urday. The report was approved by a voice vote. The compromise measure would add two major features to the temporary neutrality act, which expires Saturday. 1. A “cash and carry” system for | trade with belligerents, under which Hugh Taylor, former deputy sheriff of Harlan County, bullet-scarred after being waylaid by two other deputies, told the La Follette committee yesterday that Sheriff T. R. Middleton offered him $2,000 to hide out during the Senate investigation. La Follette (Continued From First Page.) —Harris-Ewing Photo. Economy of the concerns in handling prosecu: tions. “I am completely independent of the " Smith declared. Smith said he received $100 a month an end to judicial usurpation of the ! noon (Eastern standard time) today | from Harlan-Wallins, $50 from R. C. legislative power, and although I have been, and now am, an enthusiastic supporter of the political movement he represents, it seems to me to be per- fectly clear, after weeks of hearing, that the judiclary bill will not accom- plish any of the objectives for which it was offered. “If age in the members of the judi- ciary is a defect, this bill does not cure it. If divided decisions is a de- fect, this bill does not cure it. If judi- cial invasion of the legislative power is a defect, this bill does not cure that.” McCarran was called upon yester- day to explain to the committee the amer.dment he has offered and in the corse of his remarks, revealed his po- sitionon on the bill for the first time. “I took the position,” he said later in his office, “that the Supreme Court should be an independent part of the Government. It stands and was in- tended to stand as an independent ar- biter between the people and their Government. * * * “If that court, which is the final arbiter in all matters involving the rights of the people, can be remolded to suit the will of any other depart- ment of the Government, then it would mean that this court, which should in all things be a stable branch of the Government, will be molded to suit the will of every changing Government.” Hatch Reveals Stand. Also approached in his office, Hatch said there had “never been any doubt” in his mind as to how he would vote on the bill. “I do not think Congress has the power to put men on the court to affect its decisions in any way what- ever. To do so would be, in my opinion, the exercise of judicial power by the legislative branch of the Gov- he said. “But I do believe firmly in a long- range program of infusing new blood into the court by the appointment of a new justice every year, with compensating retirements. I will not vote for any increase in the size of the court so long as its purpose is to change opinions.” ‘Tax Bills (Continued From First Page.) come a sales tax of approximately 25 per cent on a special class. “Our organization maintains,” he declared, “that unless diversion of motor vehicle tax funds in the Dis- trict is to be continued and extended to a greater extent than ever before, then on the basis of anticipated rev- | enue for the next fiscal year and the appropriations approved by the House for highway purposes, the 1-cent gas tax increase is unnecessary.” Keneipp estimated motor vehicle owners would pay $4,442,590 to the District in special automotive taxes in the next fiscal year and about $2,- 133,470 additional in Federal motor taxes, a total of approximately $7,500,- 000, or about 18 per cent of the value of their cars. This compares, he said, with a real estate tax rate of 11, per cent, “Let us give the motorist & square deal in the matter of taxation,” he de- clared. “Let us not impose upon only 25 per cent of the population of the District an inequitable share of the increased revenue necessary to meet the deficit in the budget. Let this necessary revenue be raised through spreading the general tax burden on all citizens alike, bearing in mind that the motorist is perfectly willing, in addition to paying his share of the general expenses, also to pay for the construction and maintenance of the roads he uses.” “Unfair and Unjust.” ‘Thomas J. Keefe, general manager of the American Mbtorists' Associa- tion, branded as “unfair and unjust” any plan that forces the motorist to bear the entire expense of highway construction and maintenance. “Arguments that the motorist should bear the entire cost of the construc- tion of bridges is without basic foun= dation,” he declared. “This we be- lleve to be true as evidenced by the fact that enormous sums of money have been expended in construction of bridges suitable to the dignity of a Nation’s Capital rather than the needs of a city the size of Washington.” Keefe declared if the gasoline tax and other motor vehicle tax revenues are producing more than is needed for street and highway purposes they should be reduced, and the cost of operating the District government “spread over all our citizens in line with their ability to pay.” Operations of the Hayden-Cartwright highway act upon States which have diverted motor vehicle tax revenues were cited by Keefe to show that the Federal Government is opposed to di- version. He said the Bureau of Public Roads recently reported that the Dis~ trict had been charged with a diver- sion of $924,509 for the 1935 calendar year and pointed out that had the Dis- trict been .included under the act it ‘would have been penalised by the Gove ernment. Other witnesses ineluded Albert W. | to begin tabulating the votes. | A majority vote for the union would | | give it exclusive bargaining rights | under the Wagner act. The balloting | | was the first in the automobile indus- | | try since the Supreme Court afirmed | indictments without good reason, par- | | ticularly since he was not on friendly | | the act. The 14,800 hourly rate workers on three shifts were permitted to leave | | their work yesterday and during the | night long enough to mark the secret | ballots. The company said the men | and women would be paid for the | time. The voting booths were set up | in the plant and the N. L. R. B. pays | the expenses of the election. | “Thefair-minded co-operation which | we have received here sets a national | precedent,” said Frank H. Bowen, re- 1 gional director of the Labor Board “The holding of the election in the | that it could agree to such a procedure | at Packard. I cannot praise the com- | pany policy in this matter too highly.” | | The U. A. W. A, claiming 10,000 | members at the Packard plant, pre- | dicted it would receive 80 per cent of | | the votes, but a company spokesman | | said he would be surprised if it had | & majority membership. After learning the outcome of the | election the management and the union will resume negotiations tomor- | row on the 22 demands submitted by | |the U. A. W. A. One of these was for | sole bargaining rights. GAIN 36-HOUR WEEK. | | Workers at Firestone Plant End Eight- | Week-Old Strike, | | AKRON, Ohio, April 29 (#).—The | | first standard 36-hour week among the | Nation's major industries was provided today in an agreement signed by the | Firestone Tire & Rubber Co. and the | | United Rubber Workers to end an | elght-week-old strike at the company's | large South Akron plants. | Leaders of the pioneer Committee | for Industrial Organization union, who will submit the contract to the Fire- stone local for ratification tomorrow | morning, claimed their first signed ! agreement with a major tire manufac- | turer gave them, in effect, sole col- lective bargaining rights. | The union pledged not to cause or | tolerate any sit-down or stay-in strikes or other stoppage of work. | Firestone, closely following identi- cal action by other members of the | | rubber capital's “big three"—Good- year and Goodrich—agreed to discon- | tinue financial and other support to its | | employe representation group, under | | strikers’ fire as a “company union.” Thirty-six-hour Week Set Up. The 36-hour-week agreement, reached late yesterday after prolonged and frequently deadlocked conferences, continues the present hour standard | for the more than 10,000 production | workers who were idle over demands | for recognition as sole bargaining agent and abolition of the employe group. | Also provided was reduction of work- i ing hours to 24 per week for eight con- secutive weeks before any lay-offs are made. Time and one-half pay | starts after a 40-hour week, or after an 8-hour day. “The standard work schedule shall | be 6 hours per day, 36 hours per week,” the agreement, released by the com- pany, said. “Exceptions to be mads | the same as in the past with the under- standing that every effort will be put forth to maintain that standard.” Union Is Satisfied. “The agreement gives us everything we wanted,” said L. S. Buckmaster, president of the Firestone local, as the company broke a long silence to say “we are happy to advise our em- ployes that a satisfactory agreement has been reached.” | “The company agrees to bargain collectively with the union througi its accredited representatives and to meet with such representatives to handle and adjust grievances for such of the employes who desire their serv- ices,” the agreement provided. The union committee said the com- pany “also agrees that the general plant labor policy shall apply to all employes. We believe that the com- pany will find great benefits in the good will of its employes (and) in the stabilization of its labor problems. We look forward to a year of excellent relations.” Moth Havoc Among Apples. Agriculture authorities estimate 18,- 000,000 bushels of apples are destroyed annually in the United States by the codling moth. Lee of the American Automobile As- sociation and L. A, Carruthers, chair= man of the Fiscal Relations Commit- tee of the Federation of Citizens’ As- sociations. Lee supported the arguments of Keneipp, while Carruthers told the subcommittee the federation opposed the proposed weight tax on motor vehicles. Carruthers also objected to diversion of gas tax revenues to finance side- walk construction and support the Trees and Parkings Department. “That’s going too far,” he declared. The subcommittee recessed, after Carruthers completed his testimony, until 3 pm. A Tway and $25 from Mary Helen. His salary as Commonwealth'’s attorney, he said, is $500 yearly, plus a right to $3,500 in fees and commissions. Smith insisted he had dismissed no terms with Circuit Judge Walter M. Gilbert. The “falling out” occurred, he said, because he went to “see a man about & dog"—a bird dog—on Saturday, in- stead of staying at court. Turning to specific cases of conflict- ing interests, La Follette cited the indictment in 1934 of Charles Middle- ton, a deputy employed by Harlan- Wallins, and subsequent dismissal of the indictment on motion of Smith. “Did Client Have Interest?” “Now, didn't the Harlan-Wallins { plant is unusual, but the union felt | Co., your client, have an interest in that case?” “If they did, they didn't come to me,” Smith replied. “It might have been a factor, unconsciously.” “For the life of me, I don't see how it could help being a factor,” La Follette remarked. La Follette next cited a dismissed indictment against Deputy Robert Eld- ricge, another employe of Harlan- Wallins, but Smith explained that Eldridge and the other man involved “shook hands and made up,” and the | whole thing was forgotten, since both were intoxicated. Eldridge, who has a long record, including one conviction for murder, testified yesterday that he got “drunk” once in a while. La Follette next cited a record of six dismissed uty and now a business associate of Pearl Bassham, general manager of Harlan-Wallins. Two of the indict- ments against Middleton were for murder. Indictments Dismissed. Smith affirmed his dismissal of two misdemeanor indictments against Lawrence Dwyer, U. M. W. organizer, and about the same time “flled away” indictments pending against Ben Un- thank, R. C. Tackett and Larkin Baker, deputies, for complicity in the dyna. | miting of Dwyer's hotel Smith said he obtained a conviction against Chris Patterson for this offense. Reading & long list of grand jury pames, Senator La Follette gained ad- | | missions from Smith, Sheriff T. R. | consideration of the second deficiency | he | Middleton and George Ward, secre- tary of the Harlan Coal Operators'| Tennessee Valley Authority progl'Sm! Association, that those named were | fOr the comirg year, agricultural proc- | related to deputy sheriffs and mine officials. Dwyer, 72, and called “Peggy"” be- cause of a wooden leg, was called to the stand to describe ‘his arrest for drunkenness in January, 1935. He said that after spending 24 hours in jail without being allowed to communicate with friends, he col- lected some 20 witnesses to testify he | had not been drunk, and the case was dismissed. Later, he declared, Smith threat- ened to “have me indicted and sent to the penitentiary for 20 years.” It was the next day, Dwyer con- tinued, that he was informed by Judge Walter M. Gilbert that Smith had drawn a bill of indictment against | him, Dwyer said Smith solicited U. M. W. support in the election and pledged his efforts to remove the conditions of collusion previously existing be- tween the coal operators and the law- enfokcement authorities. Similar pledges were made by Sheriff Middle- ton and Judge Gilbert, he added. At the same time, the committee debated recalling three mine operators against whom new charges of anti- union tactics were lodged yesterday afternoon by William Turnblazer, U. M. W. official. Telegram Tells of Slaying. Turnblazer's action followed receipt of a telegram from two organizers in Harlan that Lloyd Clouse, assisting in the organizing drive, had been mur- dered last Saturday night by “four mine guards” and that union miners had been discharged at two mines and a third had been closed because the men all had joined the union. Those who may be recalled are Bassham, who told the committee two weeks ago that he never had heard of the national labor relations act until he came to Washington; R. E. Lawson and Mrs. H. Bennett, operators of the three mines involved in yester- day’s charges. An idication of how the grand juries are selected in Harlan was given late yesterday as testimony and evidence disclosed that W. Tom Holmes, a mine superintendent, who admitted to some advance “idea” that the Marshall A. Musicks were to be shot, had been appointed one of three | jury commissioners named to select the panel to probe these and subse- quent acts of violence. Planes Collide, Four Die. LONDON, April 29 (#).—Four were killed when two Royal Airforce bomb- ers collided in midair and crashed near Methwold today. Three ma- chines wers flying in formation when the propeller of one ship caught the tail of the plane ahsad. indictments against Merle Middleton, first a Harlan-Wallins dep- | residence. | he measure to see whether any re- the latter would be required to pay cash for purchases and the merchan- dise would be carried abroad in for- eign ships only after title had passed from American ownership. The : | tem would be in effect for two only. 2. A section to bring warring fac- tions in major civil conflicts within the scope of the American neutral policy. The bill would retain provisions of i the existing law for mandatory em- bargoes on extension of credit aid loans and on shipments of arms, ar- munition and implements of war to belligerents. The principal disagreement betwe:r uctions may be proposed tomory Debate over the application of per- | centage cuts to all bills may continue | from day to day, but strong indica- tions both in the House and Senate are that no general reduction rule will be acted on until near the end of the session, after all the depart- | mental supply measures have been | completed. The 15 per cent impounding plan yesterday brought the comment from Representative Taber that it would not result “in any economy whatso- ever.” Senator Byrnes has estimated his plan would save at least $350,000,000 in the Government's outlay for the next fiscal year, but it has never been his intention to seek action along that line until near the close of the ses- sion, after all the supply bills are | out of the way. Meanwhile, he is gathering data on: certain fixed charges, such as inter- est on the public debt, which could not be subjected to a percentage cut. The South Carolinian said today the | compensation of war veterans is an- | other of the obligations to which the | percentage reduction would not apply. | He previously had stated that his plan does not contemplate reduc- tion of Government salaries, as feared by Senator McCarran, Democrat, of Nevada, although it might result in curtailment of the number of em- ployes in some bureaus. Up to Department Heads. In other words, he explained to- day, his proposal is not to take 10 per cent off every appropriation item all along the line, but to enable de- partment heads to determine where | | 10 per cent of their total appropria- tion can be saved, exclusive of the fixed charges. Senator Byrnes refrained from any comment on the 15 per cent im- pounding proposal. It was debated in the House, however, with Taber contending ef- fective economy could be obtained lonly by cutting appropriations. Be- fore the agricultural supply bill passed the House last week Taber made an unsuccessful effort to have a 10 per cent reduction motion ap- plied to it. Replying to Taber yesterday, Rep- resentative Cannon predicted that if the new 15 per cent cut was pro- | posed as a flat cut instead of an im- | pounding proposal it would be tied | up in committee for two years. The House debate developed during | supply bill, carrying funds for | essing tax refunds and several other | smaller items. | The tendercy of Congress to cut the | various supply bills below budget es- | timates without waiting for a general | percentage reduction plan at the close | | of the session again was demon- strated when the House committee reported this second deficiency meas- ure with an $18,000,000 reduction below the estimates. However, the House late vesterday approved a $4.000,000 increase in the appropriation for expenses of the T. V. A, As passed, the bill provided | 83,146,943 for T. V. A. and other agencies. It passed on a standing vote, | 84 to 17. The $4,000,000 added to T. V. A.'s allotment left the power authority's funds for this year still about $4,500,- 000 less than it had last year. Special Deficiency Bill. The Senate today took up a special deficnency bill carrying $1,251,250 for the Interstate Commerce Commission, | Railroad Retirement Board, Federal Trade Commission and certain agencies of the Commerce and Treasury De- partments. Here also the pruning spirit was shown when the Senate $1,655,000. A survey today of what the two branches of Congress have already done since January in reducing ap- propriation bills showed the follow- ing reductions below budget esti= mates: State, Justice, Commerce and Labor, $3,100,250; Treasury-Post Of- | fice, $10,807,931; Navy, $47,666,901; independent offices, $15,572,000; leg- | islative, $1,039,280; Agriculture, | $105,378,407, or a total of more than $185,000,000. In the agricultural bill the cut was accomplished main- ly by taking $105,000,000 from the new estimate for soil conservation pro- gram, but it was found possible to continue available an unexpended balance of $110,000,000 of previous appropriations for this purpose. Most of these bills are still in con- ference, with the final figures subject to change. The Navy bill, however, was signed by the President yester- day. SYMPHONY UNIT ELECTS president of the board of directors of the National Symphony Orchestra Association, it was announced today. Dr. William McClellan, vice president, and Walter Bruce Howe, secretary, also were renamed to their respective posts for another year. The board elected John Roland Hill and Mrs. Oliver Strunk as directors, and voted to increase its membership from 15 to 20. Appropriations Committee lopped 25 | | per cent from the House total of | Corcoran Thom has been re-elected | House and Senate was on the 1 cash-and-carry plan. The Senate | wanted it to go into operation auto- | matically as soon as a war broke out. The House wanted to lodge some | cretion with the President in putting the system into operation | As worked out in conference, the measure would require the President |to use the cash-and-carry system | whenever he found that step necase sary “to promote the security or pre- serve the peace of the United States or to protect the lives or commerce of citizens.” { That trade with Canada, for in- stance, might not be destroved un- necessairly in case the Dominion were allied with England in a war that of- fered no threat to American neutral- | ity, the conferees agreed to give the President discretion. | COURT PROPOSAL UPHELD BY FILENE | Privileged Classes Seek to Block | New Deal, Boston Merchant Says. By the Assoctated Press NEW YORK, April 29.—The real | reason behind opposition to President Roosevelt's judicial reorganization plan was held by Edward A. Filene last night to be a desire by the privi- | leged classes to block the New Deal | program. ‘The Boston department store exec'i- ! tive, presenting a layman’s view of the controversy over a national hook-up, said the President was seeking to keep | his pledge to bring about a “fuller and | fairer” distribution of wealth. Both the President and the Supreme | Court were bound to stay within the Constitution, the only difference being, | he said, that the court “could and did {amend the Constitution to fit the vie of the judges, whereas the President could not.” “He and Congress, however, | amend the Supreme Court, went on. “It was an extraordin and it could hardly be justified if these were not extraordinary times. Bu !they are and everybody knows they are.” CALLED TO TESTIFY IN ALIENATION SUIT | Mrs. Hallie Cullinan Summoned | to Detroit in $100,000 Balm Case. | Mrs. Hallie Cullinan, 400 block of | Twenty-third street, a Federal er ploye, was called to testify in Detr today in her $100,000 suit chargi: Miss Laura Strittmatter. 36, of Detroit, | with alienating the affections of h husband, Charles H. Cullinan, acc | ing to the Associated Press Both women in Detroit said they did | not know the whereabouts of Cullinan, formerly a junior auditor in the Home Owners’ Loan Corp. office in Detroit. Meanwhile, Cullinan, it was learned, | was at his Twenty-third street home | here. | Mrs. Cullinan alleged Miss Stritt= | matter sent money to Cullinan in | Washington to pay his way to Detroit | in the Summer of 1935 and “kept h: | virtually prisoner in cottage on Rus- sell Island all that Summer.” The trial is one of the last Michigan heart balm suits outlawed recently by Legislature. There are six women and six_ men on the jury. could Filen propaosal Fasting Trapper Ignores Advice Of Father Divine Mountaineer, With- out Food 51 Days, Still Awaits ‘Call.’ By the Associatea Press. STOOPING OAK, Tenn,, April 20.— Emaciated Jackson Whitlow, 47-year= old mountain trapper, ignored the ad= vice of Harlem’s Father Divine to- day on the ffty-first day of the fast he said he began at the behest of “the Lord.” “Much worse” and growing weaker, Whitlow said he would not partake of food “until the Lord speaks to me John Lamb, secretary of Father Divine, said the New York Negro re- ligious leader known to his follow- ers as “God,” wanted the 97-pound mountaineer not to “fast from mate- rial food any longer, but fast from all mortal tendencies and mortal diversions that you might become & new creature.” Dr. J. M. Standifer of nearby Dun- lap said Whitlow “could not last much longer” and explained the closest medical supervision would be necessary “should he receive a call to eat.”