Evening Star Newspaper, May 11, 1937, Page 5

| BRANDEIS REFUSES RUMOR COMMENT Van Devanter Says Report He Might Retire Is News to Him, BY G. GOULD LINCOLN. Rebirth of reports that Associate Justices Brandeis and Van Devanter would retire at the close of the present Bupreme Court term stirred new in- terest today in the contest over the President’s judiclary program. Jus- tice Brandeis is the oldest member of the court, 80, and Justice Van De- vanter is a close second in point of age, 9. The rumor is to the effect that they will take advantage of the recently- enacted law authorizing voluntary re- tirement of members of the Supreme Court at 70, after 10 years’ service on the bench. There has been no state- ment whatever from the justices themselves, although it is also ru- mored that announcement of their re- tirement may be made when the court meets next Monday to hand down opinions. The following day the Sen- ate Judiciary Committee is to vote on the President’s bill. Justice Brandeis declined today to make any comment on reports that he planned to retire when questioned by the Associated Press News to Van Devanter. Justice Van Devanter, commenting on reports that he might leave the bench, said: “It's all news to me. anything about it.” The voluntary retirement of other members of the court has been a possi- bility for some time. There are six over 70. Opponents of the Presi- dent's bill said today they believed the retirement of the two justices if such retirement materializes would make it even more difficult for sup- porters of the President's bill to get favorable action in the Senate. How- ever they added that they hoped none of the justices would retire while the bill was pending. They insisted the measure should be defeated on its lack of merit. The arrest of two officers of the De- fenders, Inc., in Philadelphia last night, just before a mass meeting at which four Democratic Senators at- tacked the President's court bill, was the subject of wide comment at the Capitol. The meeting was held under the auspices of the Defenders, Inc. ‘The charge against the two officers, L. M. Bailey, national dimector, and J. B. Carrigan, vice president, both of New York, was that the organization had solicited funds in Pennsylvania with- out a State permit. Meeting Held Anyway. Senators Gerry of Rhode Island, Copeland of New York, Bailey of North Carolina and McCarran of Ne- vada addressed the meeting, which was held despite the arrests. Op- ponents of the court bill said it looked as though the supporters were getting | “jittery.” Senator Burke of Nabraska, a mem- ber of the Judiciary Committee and & strong opponent of the court bill, said today he had discussed with sev- eral members of the committee his proposed constitutional amendment providing for voluntary retirement of Justices of the Supreme Court at 70 and compulsory retirement at 75; for a fixed number of justices—a Chief Justice and eight associate justices— and making 7-2 votes in the court necessary to hold a law unconstitu- tional. Burke said he had obtained a fa- vorable reaction. There was some opposition to fixing the number of the court, he said. Congress always has had authority to change the num- ber of justices and has exercised the power six or seven times in the past. Senator Burke insisted, however, that the number should be fixed by the Constitution or else a situation sim- ilar to that of today might arise again, with & demand made to “pack” the court. Committee Hears Andrews. ‘The Judiclary Committee today heard Senator Andrews of Florida, who spoke in support of a bill and an amendment to the Constitution, offered as substitutes for the Presi- dent's plan. The Andrews constitu- tional amendment provides for vol- untary retirement of justices at 70 and compulsory retirement at 75. It also provides that the court shall be composed of a Chief Justice and associate justices from each of the Judicial circuits of the United States. Under present conditions, this would mean a court of 11 members. . Andrews' amendment also provides that only natural-born Americans shall be appointed members of the Supreme Court. The bill is similar to the proposed amendment. 8enator McAdoo of California will appear before the committee tomor- row in support of a substitute he has prepared. Final Vote in Week. The committee will vote a week from today on whether to recommend the Roosevelt bill to the Senate. At present a majority of the 18 com- mittee members opposes both the bill and any compromise. Senator Burke in a radio address last night said a constitutional amendment would end “the bitter struggle that otherwise will rage on indefinitely.” The bill, he declared, has brought Congress to a virtual standstill and has retarded recovery because of uncertainty and fear. Burke spoke in the National Radio Forum, arranged by The Star. The full text of his address appears on page B-10. Highlights from the speeches of the four Senators who spoke in Philadel- Pphia follow: Copeland: “The President does not allay suspicion of dictatorship when he refers to a ‘three-horse team’ which he would make pull together, giving us to understand that he would crack the whip over all three branches of government.” Balley: “The people do not think of the Supreme Court as a horse. ‘They know that it is a tribunal of Justice. The Supreme Court does not pull. No one can put harness on it. No one can drive it. No one can pull it. It has one function—to deter- mine justiceable questions.” Gerry: “We have seen in this plan an assault on the independence of the judiciary and we know that the religious and civil liberties of our people are endangered.” McCarran: “The bill's purpose is to have the courts conform to the views and direction of the political administration in charge of the Gov- ernment.” Dr. Francis E. Townsend, old-age pension advocate, said at Boise, Idaho, the President’s bill was ‘“Commu- nistic,” and called for the defeat in I don’t know pretty girl performers, Kathe stars, are shown above, with Paul Jerome, clown. They say it with girls as well as clowns and other performers in the Ringling Brothers and Barnum and Bailey combined cir= cus, coming to the lot at Fifth street and Florida avenue north- east Monday, Tuesday and Wednesday of next week. Two of the and Ida Walkmir, aerial perch GOURT PLAN FOES FREED BY JUDGE Charge of Violations of Pennsylvania Solicitations Act Dismissed. By the Associated Press. PHILADELPHIA, May 11.—Magis- trate Atkinson Costello dismissed charges of violation of the State solic- itations act against two officials of the Defenders, Inc., today and said, “It's a Ppleasure to do so.” Owen Wister, author and honorary chairman of the Pennsylvania division of the organization, which sponsored 2 mass meeting last night against President Roosevelt's proposed Supreme Court changes, smilingly remarked: ‘We won't be able to fight after all.” His attorney, William A. Gray, added: “All's well that ends well.” John B. Carrigan, vice president of the Defenders, and Louis M. Bailey, both of New York, were arrested yes- terday a few hours before the mass meeting in the Academy of Music was scheduled to start and charged with soliciting funds for the organization without obtaining a State permit. Joseph N. Corcoran, special deputy attorney general, explained to Magis- trate Costello that the arrests had been made “without the knowledge or consent of Attorney General Charles J. Margiotti,” and that Margiotti had directed that the prosecution be with- drawn. Mayor S. Davis Wilson, prior to the hearing, received a report from the director of public safety, that the war- rants had been obtained and served by Detective Sergt. James A. Kelly as & routine matter. The mayor said he would question of this affair.” He immediately arranged to have destroyed police photographs and fingerprint records taken of Carrigan and Bailey. A};propriation (Continued From First Page.) sion money at St. Elizabeth’s Hospital. The St. Elizabeth’s appropriation, Chairman Taylor of the Appropria- tions Committee explained, will pro- vide for 1,750 patients at $1.80 cents per day. There has been little change in the number of Federal patients cared for in this hospital in recent years but a substantial increase of District pa- tients averaging about 100 additional each year. The current act carries $250,000 for construction of a continuous treatment building. Owing to the increased cost of building, the officials have been unable to award a contract, so a Ssup- plemental estimate of $40,000 was sub- mitted and approved by the commit- tee. The committee also recommended an additional appropriation of $290,- 000 for construction of a second con- tinuous treatment building. It is esti- mated that these two buildings will be required to keep pace with the in- crease in population, Chairman Taylor explained that of the increase allowed at Howard Uni- versity $15,000 is for additional teach- ers and for advancement in rank of personnel now employed. An addi- tional $10,000 is allowed for purchase of scientific and educational equip- ment. Of the increase for Freedmen’s Hospital, $5,260 is for three additional graduate nurses and for new X-ray apparatus and surgical equipment. The bill disallows $29,850 asked for the new mining experiment station at College Park, Md., under the Bureau Of Mines. Chairman Taylor explained the committee believes the staff pro- posed for this station is excessive and PONTIAC Sixes & Eights IMMEDIATE DELIVERY WE NEED USED CARS Flood Motor Co. Direct Factory Dealer xiu of members of Congress who it. = z 4221 Connecticut Ave. Clev. 8400 Kelly later today “to get at the bottom | that a substantial reduction should be made in the proposed personnel. The item for public buildings and grounds in the District carried in the bill is $7,137,280, which is $1,161,380 | more than the current appropriation and $67,680 more than the budget estimate. This total covers the oper- ation, maintenance and repair of nearly all public buildings in the Dis- | trict, including the allotment of | sbace to Government activities. The committee made a reduction of $70,000 in the estimate of $500,000 for | repairs and improvements to Gov- ernment-owned buildings in the Dis- trict because the committee decided that one or more of the 10 proposed | improvements might be deferred. The committee added $135,180 to the estimates in recommending a $60 annual increase for custodial em- “ployes receiving less than $1,200 a | year. It provides $2,100 additional | for the salary and transportation of | the superintendent of meters to be established under the department. While the bill was under executive consideration Dr. John W. Studebaker, director of the Bureau of Education, was asked by Representative Rich, Republican, of Pennsylvania whether he favored the proposal that a schocly | of government be established in| Washington similar to West Point for | the Army and Annapolis for the Navy. Dr. Studebaker replied he would “very much prefer to see what we can do through work with the colleges and universities of the United States to improve their method of training for public service.” Rich expressed his approval of Dr. Studebaker's stand. Relief (Continued From First Page.) buildings are erected in Washington, for example, 32 States share in the | expenditure for the materials. | | Representative Fitzgerald, Demo- | crat, of Connecticut told the meeting Congress devotes too much thought to relief and work relief appropria- tions and not sufficient effort on try- ing to devise legislation that would do away with relief, such as the shortening of hours. The first test of the congressional trend toward the relief problem may come late today, when the House sub- committee handling the President’s $1,500,000,000 estimate goes into exec- utive session. Even if the subcommittee reaches its decision today or tomorrow, how- ever, House leaders probably will con- fer with President Roosevelt on all phases of the economy drive before the relief issue gets to the floor for action. The subcommittee’s recommenda~ tion would have to go before the en- tire Appropriations Committee on its way to the floor, and the President is due back from his fishing trip Thurs- day. The economy movement was facing & new hurdle in the Senate in the form of an amendment to the second deficiency bill, adding $2,739,000 to the measure to begin work on a dam at Gilbertsville, Ky., as part of the Tennessee Valley development. The ultimate cost of the dam is estimated at $112,000,000. The Senate probably will begin de- bate this afternoon on the deficiency bill, which contains $81,646,443 for INDIRIGIBLE PROBE Witnesses of Disaster Will Be Called Before All Ex- perts But Eckener. BACKGROUND— German dirigible Hindenburg crashed in flames Thuraday night near mooring mast at Lakehurst, N. J., costing lives of 35. Investigation to determine cause of disaster to largest airship ever built was begun yesterday by the Department of Commerce. LAKEHURST, N. J, May 11 (#).— Department of Commerce investiga- tors decided today to get a complete picture of the Hindenburg disaster from eye-witnesses before seeking the opinions of experts on what caused the explosion that destroyed the dirigible with a loss of 35 lives. Chairman South Trimble, jr, an- nounced following a private confer- ence today that the investigating board had studied the testimony of Comdr. Charles E. Rosendahl of the Lakehurst Naval Station and William F. Von Meister, vice president of the American Zeppelin Co., but reached “no definite conclusion” on the dis- aster. They said, however, the testimony yesterday gave them an excellent background and enabled them to chart the investigation’s course, To Call Ground Crew. Trimble said that before any tech- nical experts are called the investiga- tors will hear the ground crew wit- nesses, naval men at the scene, and civilians before hearing the members of the Zeppelin crew. The only break in this procedure, he said, will be to hear Dr. Hugo Eckener, head of the German investi- gating commission, when he arrives at Lakehurst Thursday or Friday. After today's session, Trimble pre- pared to leave here for New York City to attend services late today for the German dead. The other two investi~ gators, Dennis Mulligan and Maj. R. W. Schroeder, were to be escorted by naval station officials on a tour of the grounded Zeppelin Los Angeles to learn something about the construc- tion of airships, The mystery of the disaster deep- ened further as aeronautical experts appeared inclined to scout the two foremost theories advanced for the Hindenburg's destruction. When the airship plunged to de- struction in the horrible hydrogen fire, the major suppositions were that either a spark of static electricity from the ground or a backfire spark from an overheated motor touched off the highly inflammable gas. Both hypoth- eses were in question today. Comdr. Rosendahl, eyewitness of the disaster and the country’s rank- ing dirigible expert, dealt a blow to the ground spark theory yesterday when he indicated strongly he did not believe this or lightning was re- sponsible for the doom of the ship. Backfire Theory Discounted. The unanimity of Rosendahl and other expert eyewitnesses as to the exact spot where the furiously burn- ing fire first broke out appeared today to bring into serious question the pos- sibility of an engine backfire spark acting as a torch to the gas. This interpretation was pointed out by a Navy officer who withheld his name, in discussing the formal and off-the-record evidence so far availe able. The expert witnesses are agreed, he said, that the fire first broke forth on the upper side of the Hindenburg stern, just forward of where the stabilizers start. This spot, he pointed out, is comparatively remote from the stern engines, being probably more than 100 feet above and also to the rear of the nearest motor nacelle. With the evidence developed to this extent, the Department of Commerce investigation of the tragedy halted today s0 that crew survivors and Navy men from the air station here might attend the funeral services in New York for 24 of the Hindenburg's com- pany. Hearings resume tomorrow. Motion Pictures Shown. The board viewed motion pictures of the disaster after public hearing ended yesterday, but commented that none of them showed the Hindenburg at the exact moment the fire broke out. The movie cameras did not get the stricken ship in focus until after she was plunging, buckling and in flames, to earth. One board member expressed interest that the sound track of one newsreel film showed it was exactly 32 seconds from the first ex- plosion until the blazing hull hit the landing field. Help Nature to Reduce High Blood Pressure by drinking Mountain Valley Mineral Wi lirect from famous Hot Springs. Arkansas. ~ Its natural alkalinity neu- tralizes toxic acids and assists in_their elimination. Deeply satisfying. Phone } for booklet. Mountain Valley Mineral Water MEt._1062 1405 K St. N.W. OLD GOLD AND SILVER will bring you AT, various Federal agencies, including T. V. A. and processing tax refunds. 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Pay weekly or twice a month = that’s all! industry is heading toward a “com- Pplete collapse” within three months “unless Congress acts to regulate it.” Testifying on the Ellenbogen bill to create a “little N. R. A.” for the indus- try, Gorman said economists and other “competent authorities” had predicted the “collapse.” ‘The union leader informed the com- mittee a textile union organisation drive, backed by John L. Lewis’ Com- mittee for Industrial Organization, had & $1,000,000 campaign fund, “When we announced the drive,” he said, “the first thing the employers did was {0 announce s wage increase— which was very welcome.” Then, he said, they extended the “speed-up” and began piling up inventories. “They are producing at breakneck ~n < lates it we will have & complete col- lapee in August. Mills will shut down. ‘There will be no production.” Representative Ellenbogen, Demo- crat, of Pennsylvania recommended eomplete severance of efforts to regu- late fair-trade practices in the textile industry from those to set up labor standards. He urged the subcommittee to elim- inate from his bill all fair trade regu- lation provisions. These could be con- sidered later in separate legislation, he said. The Pennsylvanian said he believed the change would “expedite passage’” of the bill. He added it would leave the bill primarily a labor measure pro- greater one, when we can do it without wrecking the bankroll. That's probably why Park Lane Suits* are getting such a big hand. One of their most aftractive features is the price! It asks you to pay no premium for long-wearing, shape- retaining worsteds. It takes the niceties of Rochester needlework out of the luxury class. It brings you a corking selection of suits that are equally smart for business or informal evening wear. 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