Evening Star Newspaper, May 17, 1937, Page 1

WEATHER. (U. 8. Weather Bureau Forecast.) Fair tonight and tomorrow; little change in temperature; gentle west and northwest winds. Temperatures—High- est, 74, at 5 p.m. yesterday; lowest, 56, at 5 am. today. Full report on page A-T, Closing N.Y. Markets—Sales—Page 22 85th YEAR. No. 33,984 — SUPREME COURT REFUSES 10 ORDER PROCESSING TAX REFUND BY U. §. Chief Justice Hughes Reads Decision in Case Involving $963,000,000—No Action on Social Security Cases. PRESIDENT EXPECTS ACT TO BE UPHELD Farm Act's Constitutionality Had Been Challenged by Alabama Concern on Question of Con- sumer Relation to Tax Paying. BACKGROUND— A ruling by the Supreme Court on legality of the social security act has been eagerly awaited by both friends and joes of the Presi- dent's bill to add a mazimum of Siz new justices to the high court unless those over 70 retire.. The opponents hope for a favorable de- cision in view of the rulings up- holding minimum wage legislation and the Wagner act. BY JOHN H. CLINE. ‘The Supreme Court, in an opinion ©f great importance to the Govern- ment, today refused to order the ‘Treasury Department to refund $963,- 000,000 collected in processing taxes under the invalidated agricultural ad- Jjustment act. The opinion was de- livered by Chief Justice Hughes. The court adjourned without rul- ing on the social security act. Gov- ernment officials eagerly awaiting a determination of the act's legal status now must wait at least until next Monday before learning the judg- ment of the court. Expected to Be Upheld. White House officials said, mean- while, that - President Roosevelt was confident the Supreme Court would uphold the social security act. ‘The President’s closest advisors, they said, had predicted such a ruling in discussing the matter with him, but had made no forecast when the de- cision might be handed down. ‘The processing tax case was filed by the Anniston Manufacturing Co. of Alabama, which contended the con- gressional statute, which barred re- payment of taxes paid under the A. A. A. unless the taxpayer could prove he did not pass the cost on to the con- sumer, is unconstitutional. Rights of Petitioner. N ‘The Chief Justice asserted the pro- eedure authorized by the act in ques- tion provides a full and fair hearing of all matters of fact and that through Judicial review it provides for the protection of all the legal rights of the petitioner, including any constitu- tional rights which it may be entitled to invoke with respect to the refund. His opinion approved the action of & lower court in dismissing the suit, presumably because the manufactur- ing concern had not exhausted its remedies under the statute. Justices Stone and Cardozo con- curred in the opinion, but reserved their vote as to the constitutional or statutory rights of the taxpayer in the event it shall be impossible to ascertain whether there has been a shifting of the tax. Justice McRey- nolds dissented, but wrote no opinion. The main contention of the manu- facturing company in the processing case was that it was impossible for it to show the tax had not been passed on to the consumer. On this point Chief Justice Hughes said “impossibility of proof may not be assumed.” “The controlling principle,” he edded, “is that there is no denial of constitutional right in requiring the claimant to show, where it can be shown, that he alone has borne the burden of the invalid tax and has not shifted it to others. Legal Conclusion Statement. “This allegation of impossibility of proof is at best but a statement of a legal conclusion which must depend upon the facts as they appear when proof is taken. The question is whether the petitioner is entitled to insist as a matter of constitutional right upon trying out the question of impossibility in this suit rather than in an administrative proceeding where all the pertinent facts as to the course of business may be present- ed and the conclusions they require both of fact and law may be reached. “Despite the broad language of Bection 902, we do not think that it (See COURT, Page A-6.) '50 KILLED IN BLAST AT HONGKONG PIER Bodies Blown From 200 Yards to Quarter Mile by Launch Boiler Explosion. By the Associated Press. HONGKONG, May 17.—The explo- slon of a boiler aboard a Japanese launch made & shambles of the Hong- kong water front tonight, killing per- haps 50 persons and blowing bodies over an area of from 200 yards to a quarter of a mile. The launch was owned by the steamship company Osaka Shosen Kaisha. Every member of her crew was killed. Other victims were nu- merous Chinese boatmen and passers- by. e Trage Parley Held. LOS ANGELES, Calif., May 17 (#).— ‘Twenty-one members of the Japanese economic mission met with American trade experts today in a round-table discussion of commercial problems of two nations. he Japanese are on & six weeks’ s Entered as second class matter post office. Washington, D. C. Arrest of Slain Slashed Boy Says He Saw Mrs. Helen Tiernan Strike Sister. BULLETIN. NEW YORK, May 17 (#)—Po- lice said today that Mrs. Helen Tiernan, 28-year-old attractive waitress, confessed she killed her 7-year-old daughter Helen and as- saulted her 5-year-old son James in woods near Brookhaven, Long Island. Deputy Chief Inspector Francis J. Kear, who announced the con- fession, said “she told me that she committed the acts because she was in love with a man, but couldn’t accommodate him and the children in the small flat the family lived in,” the inspector stated. By the Assoctated Press. BROOKHAVEN, N. Y., May 17— Police Chief Edwin N. Bridge said today he had asked the arrest of Mrs. Helen Tiernan in New York after her 5-year-old wounded son told him he saw her hit his sister. The boy's 7-year-old sister was found burned to death in a woods yesterday afternoon, and the boy was found nearby. Mrs. Tiernan was questioned at the West Forty-seventh Street Station in New York. Police said she acknowl- edged there that she was the mother of the children and that she also gave & version of the slaying in which she said the children were attacked by a strange man. “Relative to the arrest of Helen ch Asked as Son, WITH SUNDAY MORNING EDITION ¢ Foening Star WASHINGTON, D. C, MONDAY, MAY 17, 1937 —FORTY PAGES. %% Girl’s M othe.—;'—‘ 5, Accuses Her JIMMY TIERNAN. —Copyright, A. P. Wirephoto. Tiernan by detectives of the New Pork Police Department, we have sent rep- resentatives of the four different in- vestigating bodies to bring the womarr| here,” the chief said in a statement. “A confidential alarm was sent out at 9:30 am. The child in the hospital had recovered sufficiently to tell us his name and the name of his mother and the address of the day nursery school on West Forty-third street in New York City.” Mrs. Tiernan was taken into custody by Detective Frank Naughton of the New York police after an official of (See SLAYING, Page A-3.) CHECK ONHOLIDAY ISHELD UNLAWFUL Federal-American Case Is Reversed by Court of Appeals. In a ruling said to be applicable to & large number of similar claims, the United States Court of Appeals re- versed a District Court ruling and held today that payment of a cashier's check by the former Federal-American National Bank during the 1933 bank holiday was contrary to law. The.question was raised by Cary A. Hardee, Federai-American receiver, who sought to recover for the bank $1,500, representing half of a $3,000 cashier’s check given to a depositor, Mrs. Minnie Dixon Young, March 3. Mrs. Young deposited the check in the Washington Loan & Trust Co. the same day. The next day, March 4, was Inaugu- ration day and a holiday, and March 5 was & Sunday. At 1 am. March 6 President Roosevelt declared the bank holiday. Cash Received for Check. A week later the Washington Clear- ing House Association decided that District banks should pay cashier's and certified checks. Immediately after this decision the Washington Loan Trust Co. presented Mrs. Young's check at the Federal-American for payment and received the sum in cash, ‘That evening Federal-American offi- cials learned that the institution had not been approved for reopening. Later, the Federal-American receiver demanded return of half the amount of the check, the other half being represented by a 50 per cent dividend to Federal-American depositors. The demand was refused and the receiver filed suit in the District Court, which decided against him, Prohibited in Holiday. ‘The Court of Appeals said that the payment of the cashier's check was a banking transaction within the meaning of the President’s proclama- tion and was prohibited during the holiday. The court stated that the situation was no different than it would have been had the check been paid directly to Mrs. Young rather than the Washington Loan & Trust Co. Hardee was represented by Attor- neys Huston Thompson, Herbert S. ‘Ward and Thomas H. Patterson. At- torneys George Barse and James M. Kane of the Treasury Department's Division of Insolvent Banks appeared in the case as friends of the court. CONNECTICU:I' STUDENTS GO TO SCHOOL IN BOATS By the Associated Press. HARTFORD, Conn., May 17.—Resi- dents of East Hartford’s meadowlands started for work and school in row- boats as Leslie . Conover, Federal forecaster, predicted the Connecticut River would crest today at 21.1 feet, more than 5 feet above flood stage. The meadowlands affected by high waters are accustomed to flood, how- ever, and officials felt confident that no evacuation of homes would be necessary. No material damage has been reported. In Hartford, scene of a big flood in March, 1936, several streets near the river front were covered with water, but business, except in a few cases, went on as usual, Interior Secretary Ickes, who has more than his share of trouble over automobile purchases, today lost & bout with the General Accounting Office, a decision by Acting Controller General Elliott forcing the purchase of a car for the Geological Survey that Interior did not want it because it was $1.08 cheaper than the one de- sired, ~ According to Elliott's ruling the Survey could gét a car from the Northwest Motor Co., Henry 's local agent, for a net cost after in and discount was $271.30. From. Genersl 2 HUSBAND QUIZZED INDEATH OF WIFE Paul Hartman Held After Two Hours of Questioning in Prince Georges. B3 & Btaff Correspondent of The Star. UPPER MARLBORO, Md, May 17—Following two hours of ques- tioning by the State's attorney here, Pzul Hartman, 39, husband of Mrs. Mabe! V. Hartman, found shot to death near her Lanham home yester- day, was held for further investiga- tion today. No charges had been placed against him but after a conference with in- vestigators he was taken to the Hyatts- ville substation for further question- ing. Shortly after 9 am., the husband, & veterinarian at the Beltsville Experi- mental Farm of the Department of Agriculture, walked into the local £ PAUL HARTMAN. police station. State’s Attorney Allen Bowie and Justice of the Peace Fred Lutz were conferring in the station when Hartman appeared. They im- mediately took him into the court house for questioning. Police Supt. Arthur Hepburn said his men were investigating a report that Hartman’s automobile had been seen in the Hyattsville area yesterday. According to Lutz, Hartman declared he left for Pennsylvania early Sat- urday afternoon and returned home late last night. Until his appearance this morning, police were unaware of Hartman's whereabouts. After questioning Hartman, State’s (See HARTMAN, Page A-4) KlDNAPINé ALLEGED Manchukuoan Government Pro- tests Soviet Action. HSINKING, Manchukuo, May 17 (P).—The Manchukuoan government today protested to Soviet Russia over the alleged kidnaping of five Manchu- kuoans by the Soviet secret police. Soviet Ogpu officials were accused in the protest. of using hand grenades and invading the Manchukuo frontier. — Labor Groups Clash. MEXICO CITY, May 17 (#).—A new outbreak between rival labor organiza- tions left one person dead and several injured in the town of Vicente Guer- rero in‘Vera Cruz State today. Controller Ruling Forces Ickes To Save $1.08 on Car Purchase der the same conditions, a car—a Pon- tiac—was available for $272.47. Ickes thought the higher priced car the best buy, arguing that at the end of 1,000 miles it will have a much better trade-in value than the other. Elliott said the Government wasn't in the habit of trading in cars after they have gone only 1,000 miles. “Since it appears that the automo- bile offered by the low bidder meets the requirements of the specifications and the need of the Government,” Elliott told him, “you are advised that upon the facts presented, ted moneys would not be available for payment under a contract awarded to other than such low bidder.” Q U.S. TOBARPILOTS FROM PARIS RACE INWARON'STUNTS' New Regulations Aimed at Proposed Lindbergh An- niversary Event. FLIGHT WAS OPPOSED BY AVIATION LEADERS Commerce Department Rule May Prevent Amelia Earhart's Sec- ond Round-World Attempt. BACKGROUND— Last Winter the French air min- istry announced large cash prizes for a New York-Paris airplane race in May commemorating tenth an- niversary of the Lindbergh flight. Vigorous opposition developed, especially in the United States. The race was postponed to August to allow more time for entries and in hope of better weather. Atlantic scoreboard shows that of 89 at- tempts to fly the Atlantic, 10 have resulted in arrival at intended goal, 28 got across somewhere or another and 39 failed, with total loss of 31 lives. Participation by American pilots in the proposed New York-Paris air race this Summer and in future flights of purely “stunt” character will be pro- hibited by the Federal Government, it was announced today at the Com- merce Depa.rtrpem. The department now is preparing regulations which will forbid the par- ticipation by pilots holding Federal licenses in stunt flights of hazardous character. These regulations, it is understood, probably will prevent the proposed second attempt by Amelia Earhart Putnam to fly around the world, since her flight would involve ocean cross- ings in a land plane. Johnson Reveals Plans. Interviewed by the Associated Press at Lakehurst, N. J, where he is at- tending the investigation of the disas- ter to the Hindenburg, Col. J. Monroe Johnson, Assistant Secretary of Com- merce, said today that the Commerce Department would refuse licenses for the New York-Paris race, arranged in France to commemorate the tenth an- niversary of the Lindbergh flight. “We consider them extra hasard- ous,” Johnson said of the plans for the proposed race. “We are trying to institute trans-Atlantic flying and don’t want to jeopardize it. We are interested in commercial aviation that has no thrills. “The 8ir race we consider extra dangerous, and we are interested in aviation as we would be in train or auto travel.” Opposed by Aviation Groups. The New York-Paris race has been opposed by American aviation groups, headed by the National Aeronautic Association, since it was proposed last Winter. The N. A. A. sent a formal protest against the race to France and requested that the Com- merce Department act to prevent participation by American pilots. It was announced recently by the Com- merce Department that the proposed ban was under consideration. The N. A. A. protest, which met with approval in the Commerce Department, set forth the danger of the proposed race because of the use of unsuitable types of aircraft and said that the race was almost certain to result in disasters which would prove a serious set-back to plans to establish air transport service across the Atlantic, Needles’ Temperature 109. NEEDLES, Calif., May 17 (#).—The mercury climbed to 109 degrees Sun- day, the highest May temperature in recent years. Summary of : Page. Amusements B-16 Comics Society _____B-3 Financial .__A-22 | Sports A-19-20-21 Lost & Found A-3 | Woman's Pg. B-10 Obituary ____A-14 FOREIGN. Albanian troops recapture towns and end revolt. Page A-2 Spain’s loyalists seek premter; Basques hold lines. Page A-2 King George may announce Windsor engagement. Page A-2 NATIONAL. Supreme Court rules for Treasury in A. A A tax case. Page A-1 Judiciary group seen prepared to vote on court compromise. A-1 U. 8. pilots to be barred from Atlantic air race. Page A-1 Arrest of mother of slain girl, 7, is asked. Page A-1 Wheeler seeks to speed action on child labor bill, Page A-2 Roosevelt holding first of power con- ference series. Page A-2 Body plant used by Ford shut as 2,000 walk out. Page A-3 Pierre 8. du Pont to give own version in income tax case. Page A4 Economisis say depression can be averted. Page A-11 WASHINGTON AND VICINITY. Backs subcommittee “swamped” with daylight saving protests. Page A-1 Lanham nusband held as police probe wife's death. Page A-1 Justice Department denies jurisdiction in Keene case. Page A-1 Two men seriously injured in week end traffic. Page A-2 New administration farm plan offered to Congress, Page A-3 ‘D. C. motorist shot in traffic row in Maryland. Page A-3 Mrs. Roosevelt christens plane with stubborn bottle. Page 80 arrested in white slave drive in Baltimore. Page A1 Western High cadet teacher dies of beart Woubte, Page A-11 A4 ANOTHER QUICK FLYING ROUND TRIP! S S/ g NN The only evening paper in Washington with the - Associated Press News and Wirephoto Services. NN NN DR D -\ SHIRAYS 135,011 g s not Bome retur; (#) Means Associated MOVE TOMODIFY COURTEBILL GAINS Some Members of Senate Body Reported Won to Compromise. BACKGROUND— Supposedly divided 10 to 8 against the President’s bill to remake the Supreme Court by adding siz new justices unless those over 70 retire, the Senate Judiciary Committee will make an adverse report to the Senate after voting on the bill to- morrow unless some members have a last-minute change of heart. The committee has been consid- ering the bill in erxecutive session nearly three weeks, digesting evi- dence submitted for and against the measure in lengthy public hearings. QOne of the principal questions yet to be decided is whether any of several proposed amendments should be recommended to Senate. BY G. GOULD LINCOLN. On the theory that “half s loaf is better than no loaf at all” Senator Logan of Kentucky and some of the other supporters of President Roose- velt's court bill are prepared to .vote for ‘s compromise when the Senate Judiciary Committee meets tomorrow to dispose of the bill. Benator Logan, after the meeting of the committee today, said that he would offer amendments to the Mc- Carran substitute which provides for & permanent Supreme Court of 11 Justices and also that he would offer a substitute of his own. His effort is to bring about the adoption of amend- ments to the President’s bill, and a favorable report on the measure when amended. The Kentucky Senator admitted that it was impossible to report the Presi- dent’s bill favorably unamended. The ! final meeting of the committee before voting on the bill largely to a discussion by Senator (See JUDICIARY, Page A-4.) White Russian Leader Dies. PEIPING, May 17 (#).—Lieut Gen. Dmitri Horvath, 76, leader of the white Russians in the Far East and president of the Chinese Eastern Rail- Wway in Crarist days, died here yester- day. Today’s Star 10,000 members of school safety patrol coming here this week. Page B-1 House committee to consider “nuisance industry” bill. b Page B-1 Unionization under consideration by circus. Page B-1 Reduced telegraph rates to go into effect June 1. Page B-1 House group to study Navy Medical Center site. Page B-1 EDITORIAL AND COMMENT. Editorials. Page A-12 This and That. Page A-12 Washington Observations. Page A-12 Answers to Questions. Page A-12 David Lawrence. Page A-13 Paul Mallon. Page A-13 Dorothy Thompson. Page A-13 Constantine Brown. Page A-13 Headline Folk. Page A-13 FINANCIAL. Corporate bonds down (table). Page A-21 Willard urges freight boost. Page A-21 Stocks ease after early rise (table). Curb list gains (table). Steel rate declines. Du Pont orders dividend. SPORTS. Griffmen hope to climb as Western clubs invade. Page A-18 Big gates ease headaches of base ball magnates. Page A-18 Another War Admiral-Pompoon duel looms in Belmont. Page A-18 “Stuffed shirts” in sports blasted by Bill Tilden. Page A-19 Merit seen in Payne's two-shots-off- tee rule. Page A-20 MISCELLANY. Page A-22 Page A-23 Page A-23 Page A-24 Washington Wayside. Young Washington. Vital Statistics. Shipping News. City News in Brief. Bedtime Story. Contract. Nature's Children. Dorothy Dix. Betsy Oaswell. Cromword Pussie - Latter-Out. Page A-2 Page A-10 Page A-14 Page A-14 Page A-14 Page B-6 Page B-¢ Page B-6 Page B-10 Page B-10 Page B-11 was given over | ELECTION JUDGE ADMITS VOTE THEFT CONSPIRACY Guilty Plea of George Arnold, Democrat, First in Kansas City Hearings. By the Associated Press. KANSAS CITY, May 17.—George Arnold, a Democratic election judge here, pleaded guilty to a vote theft conspiracy indictment today at the outset of the seventh trial growing out of the Government's drive on voting {rregularities in the general election last November. Eight of the 126 election workers thus far indicted have pleaded no defense and thrown themselves on the | mercy of the court, but Arnold’s was | the first guilty plea. His sentencing was deferred until after the trial of four co-defendants. - DU PONT REVEALS TALK WITH RASKOB Cross-Sale Transactions tn- volving $7,000,000 Loss Told at Tax Trial. BACKGROUND— Government eflorts to prove in- come tar evasion against Pierre S. du Pont and John J. Raskob were curtailed last Friday when trans- actions involving Mrs. Raskob were ruled out of the case. Bs the Associated Press. NEW YORK, May 17.—Taking no | chance that his own counsel might | not call him, the Government placed | Pierre S. du Pont on the witness stand today for questioning concerning his | cross-sales of securities with John J. Raskob following the 1929 Wall Street panic—which the Government con- tends were fictitiously made for un- warranted deductions on income tax. Mason B. Leming, chief of Govern- ment counsel, seemed to be near the end of his case shortly before noon. For a moment, he conferred with as- sociates, and then said quietly: “Mr. Du Pont, will you please take the stand.” This created some surprise in the hearing room. Even Richard L. Dis- ney of the United States Board of Tax Appeals, who is hearing the charges against Du Pont and Raskob, pulled his chair closer to the bench as if the call came quite unexpectedly. The elderly Du Pont straightened his shoulders as he was sworn in by the clerk, sat erect in the witness chair, crossed his legs and turned toward Leming with an air of readi- ness. He told of knowing Raskob since 1900 when the latter came to work for him as his secretary and of being associated with him in busi- ness since 1908 or 1910. The cases against Du Pont and " (See DU PONT, Page A-5) PRESIDENT HELD UP POSTMASTERSHIP Government Answers Suit of John F. Curran Against Farley for Commission. Answering a suit by John F. Curran, Milford (Mass.) Democrat, to compel Postmaster General Farley to transmit to him a commission as postmaster at the Massachusetts city, the Govern- ment said in District Court today that the commission was withheld by direc- tion of President Roosevelt. The answer, filed by Assistant United States Attorney John W. Fihelly, ad- mitted most of Curran's allegations, but added that the action of the Presi- dent was within his legal powers. About & month ago, Curran asked the District Court to issue a writ of mandamus, commanding Farley to transit to him his commission as Mil- ford postmaster, which has -been signed by the President and confirmed by the Senate. < Although it was confirmed June 8, 1936, the commission never has been sent to him, and since then another candidate for the post, John E. Higgis- ton, has been appointed. The Senate confirmed Higgiston's appointment March 24, last. KEENE CASE PROBE REFUSEDBY G-MEN “Entirely a State Matter,” Hoover Says of Man’s Disappearance. J. Edgar Hoover, director of the Fed- | eral Bureau of Investigation, an- | nounced today that he had been in- | formed by Justice Department legal authorities that G-men have no au- thority to investigate the case of Charles F. Keene, 65-year-old Wash- | ington real estate man, who disap- peared from the steamer District of Columbia last Thursday night. “My men are out of the case,” Hoover said, adding the department's legal experts had advised him the case was “entirely a State matter,” because | the Potomac River is an inland water- | way. Charles F. Keene, jr., former Navy lieutenant and son of the missing man, asked the Federal Bureau of In- vestigation to step in after Norfolk and Washington police and Virginia and Maryland State authorities had | indicated they had no jurisdiction in | the case. It was pointed out at the Depart- ment of Justice that if Keene was murdered the crime- probably occurred in Virginia waters, and the murderer went ashore either at Old Point Com- fort or Norfolk. The chief of detectives at Norfolk said this morning his force is merely “‘co-operating” in the investigation, and that Keene disappeared from the boat far above Norfolk, in Chesa- peake Bay. On the other hand, Washington de- tectives said they are “helping Nor- folk,” but have no responsibility in the case, since Keene's presence was definitely established on the boat long | after it left Washington waters. Meanwhile, the Coast Guard was said to be searching for Keene's body off Smiths Point near the junction of the Potomac and the Chesapeake. Unable to Locate Woman. Police have been unable to locate a woman passenger who occupied a cabin next to Keene’s and who was believed to have “heard something” at the time of his disappearance. Washington police said she was & resident of Norfolk, and Norfolk po- lice said they understood she lived here. A night watchman thought he heard a “muffled report” in Keene's cabin about 1 a.m. Friday, but did not investigate. There were blood splotches in Keene's disordered cabin, on a handrail outside his window and on the rail of the afterdeck. Detectives were called in at Nor- folk when Keene's disordered cabin was discovered after most of the other passengers had gone ashore. The offi- cers took pictures of the cabin and fingerprints and removed Keene's ef- fects. The cabin had been cleaned up when the boat returned to Wash- ington Saturday morning and local detectives went aboard to interview ship's officers. -— RESPIRATION OF POPE IS REPORTED LABORED Failure of Pontiff to Improve Since Arrival at Villa Con- cerns Physicians. 5 the Associated Press. CASTEL GANDOLFO, Italy, May 17. —Physicians are keeping a close watch on Pope Pius’ health because he has failed to respond to the invigorating air of his Summer home here, prelates said today. A semi-official note issued from the Vatican declared the Pontiff, who will be 80 on May 31, was experiencing some difficulty in breathing and speak- ing. His Holiness, bed-ridden for more than three months this Winter, fol- lowed his usual Monday custom in holding no audiences, but he worked on documents in his private drawing room. It was said he probably would receive no one tomorrow, the “third feast of the Pentecost.” (Yesterday was Pentecost Sunday—Whitsunday.) ‘The announcement said: “Alarmist rumors have again been spread on the state of the Pope's health. No new occurrences have hap- pened in recent days. Fihelly said his pesition is that the President has the power at any time to remove s postmaster, so it follows necessarily that he has the power to withhold & commission, No date for hearing of the case was |4 Page B-13 ' set. “The phenomena principally noted are difficulty in breathing, abundant perspiration and sometimes difficulty in speaking. “The health of the Pope is watched Press. TWO CENTS. DAYLIGHT SAVING OPPONENTS FLOCK 10 HOUSE HEARING Only Few Advocates Appear on’” “sure Before Com- mittee Today. TWO REPRESENTATIVES LAUNCH FIGHT ON BILL Randolph and Arnold Express Be- lief Majority Oppose Change. Need Declared Lacking. BACKGROUND— Daylight saving, instituted dur- ing war times to save coal and enable the public to raise produce for the allies, was discontinued nationally in 1920. Farmers, claim= ing it was impossible for them to start work an hour earlier because of the heavy dew on crops, were principal opponents. No concerted action to revive time-saving here has been taken since Representa- tive Sacks drew up bill to put Dis- trict back on daylight schedule. BY JAMES E. CHINN. Opponents of the Sacks bill to put Washington on a daylight-saving schedule today literally swamped a specfal subcommittee of the House District Committee with verbal pro- tests against adoption of the plan. Although a mail poll had shown that thousands of residents of the Dis- trict as well as many business- estab- lishments favored daylight saving, only a few of the advocates appeared at the hearing on the bill to indorse it. Opposition was led by two of the District Committee’s own members— Representatives Randolph, Democrat, of West Virginia and Arnold, Repub- lican, of Illinois. Representative Smith, Democrat, of Virginia, also appeared to register his protest. After more than a score of wit- nesses had expressed their views on daylight savings—most of them in opposition—the subcommittee, headed by Representative Sacks, Democrat, of Pennsylvania, sponsor of the bill, con- cluded the hearings. The subcommit- tee, however, announced that both opponents and proponents would have ample time in which to fille written statements regarding the plan before action is taken on the bill. In expressing his opposition, Ran- dolph pointed out the Federal Gov- ernment is the largest single in- dustry in Washington. He said he had checked 25 Government depart- ments and learned that not one re- quires employes to work later than 4:30 pm. “That leaves three to four hours of daylight for the Government work= 2rs in the afternoon,” he declared. Randolph as well as Smith alsa argued the plan would cause confu- sion since surrounding areas in nearby Maryland and Virginia would remain on standard time. “I think the majority of people in the District don't want daylight save ing," said Arnold. “This is a Govern- ment city and most employes here are working for the Government. Their hours are short. And daylight saving simply means the farmer who already has the longest day must arise an hour earlier.” The hearing on the bill failed to produce the anticipated widespread interest. Less than 100 persons were scattered around the large House caue cus room as the subcommittee lis- tened to arguments for and against the plan. Stongly Favored in Poll. Gordon Hittenmark, the “time- keeper” of Station WRC, the fixst wit~ ness, said he had conducted a daylight saving pool during his morning broad- casts and had received 9,328 votes, 8,432 of which favored the extra hour of daylight. These ballots were turned over to the subcommittee, At the same time, Sacks announced he had received in his own office 3,300 letters favoring the plan and 900 op- posing it. In addition, the House Dis- trict Committee, he said, received 194 votes indorsing daylight saving and 171 opposing it. W. H. Press of the Washington Board of Trade testified this organ- ization favored daylight saving. but by congressional action only. He said the board conducted a survey of busi- ness establishment and found “an overwhelming majority” in favor of it. Another indorsement came from Richard J. Murphy, manager of the ‘Washington Automotive Trade Asso- ciation, who declared the plan would allow the people of the District an added hour a day for recreation. Extra Hour Available. Representative McGehee pointed out the extra hour of daylight is now available in the morning. “But the people don't use Murphy declared. Stanley Horner, automobile dealer, told the subcommittee he had polled (See DAYLIGHT, Page A-5.) i, YACHT DUE TOMORROW BRISTOL, R. I, May 17 (#).—The Herreshoff shipyards today receivec & cable from T. O. M. Sopwith, Britisk sportsman, challenger for the Amer- ica’s Cup, that one of his yachts should arrive at Bristol tomorrow. Whether Endeavor I or Endeavor I would be the first to reach Bristol was not known, but shipyard officials said they expected it might be Sop- with’s newest craft. The two En- deavors, -after fitting out at the Herreshoff yards, will engage in trial to determine Which shall race for the America’s Cup. Quake Leaves No Trace. MEMPHIS, Tenn., May 17 (#.— 8eismologists found no record today of a slight earth shock reported last night over a region extending from 8t. Louis to Memphis and covering with more attentive care and diligence ‘than ever.” Southeastern Missouri, Eastern Are kansas and Western Tennesses. 1 [