Evening Star Newspaper, May 25, 1937, Page 9

- DUKE LOSES PLEA INSUPREME COURT Disbarred Attorney’s Effort to Upset Prosecution’s Case Fails. Jesse C. Duke, disbarred Washing- ton attorney, yesterday failed in his efforts to convince the Supreme Court he should have been prosecuted by indictment instead of information on a charge of attempting to influence a TPederal grand jury in Alexandria, Va. ‘The unanimous opinion of the court, holding that prosecution by information was proper, was delivered by Justice Sutherland. Duke was convicted of handing a letter to the foreman of the grand *jury considering charges against him of harboring as fugitives Represent- ative John H. Hoeppel of California and his son, Charles J. Hoeppel, con- victed of conspiring to sell an appoint- ment to West Point. Asked to Present Case. The letter asked that Duke be al- Yowed to appear before the jury to present his own case. Duke appealed to the Fourth Cir- cuit Court and it asked the Supreme Court to answer two questions about which it was in doubt. They were: “1. May a misdemeanor, for which no infamous punishment is prescribed, be prosecuted by information, where the punishment therefore may exceed $500 fine or six months’ imprisonment, ‘without hard labor, or both? “2. May an offense under section 137 of the criminal code (dealing with influencing juries) be prosecuted by information?” The lower court will take further proceedings in line with the ruling. Picketing Sustained. In another decision yesterday the! Bupieme Court upheld, 5 to 4, Wis- consin’s law prohibiting injunctions against peacefw picketing in labor disputes. “Clearly the means which the | etatute authorizes—picketing and Publicity—are not prohibited by the fourteenth amendment,” said the ma- Jority opinion, written by Justice Brandeis. ‘The opinion upheld a Wisconsin court ruling against Paul Senn, who unsuccessfully sought an injunction on December 28, 1935, to restrain the Tile Layers’ Protective Union from picketing his place of business and “publishing, stating or proclaiming he was unfair to organized labor.” “The unions acted and had the right to act as they did to protect the | interests of their members,” said the | majority opinion. “The laws of Wis- consin permit unions to endeavor to induce an employer, when unionizing his shop, to agree to refrain from , Working in his business with his own hands. . Wisdem Up to State. “Whether it was wise for the State % permit the unions to do so is a question of its public policy—not our concern. The fourteenth amendment does not prohibit it. It is contended in prohibiting an injunction the statute denied to Senn equal protec- | tion of the laws. But the issue sug- gested does not arise.” The dissenting opinion, written by Justice Butler and concurred in by Justices McReynolds, Van Devanter | and Sutherland, contended “picketing | ‘was unlawful because the signs used eonstitute a misrepresentation of the | facts.” It added: “The judgment of the State court violates a principle of fundamental law: That no man may be compelled 1o hold his life or the means of living at the mere will of others. The State statue * * * is repugnant to the due process and equal protection clauses of the fourteenth amendment.” Senn had refused to sign a union agreement unless a provision prevent- | g him, as owner of the business, from | working with tools or acting- as a Anelper, was stricken from the compact. The unions declined. Senn asked dismissal of the case on the contention the Federal question president. Alumni Association Elects Officers of the Indiana University Alumni Association of Washington elected for 1937 at a party given by Mr. and Mrs. Everett Sanders at their country home. Sanders, Roscoe Fertich, president; Mr. Sanders, Mrs. Harry Helwig, | secretary; Douglas Whitlock, treasurer; Miss Marie Mount, vice | THE EVENING STAR, WASHING Left to right: Mrs. MINERS’ SIT-DOWN ENDURANCE CONTEST Abandoned After Company and Union Repre- Conferences sentatives Fail to Agree. By the Associated Press. GILLESPIE, Ill, May 25.—The sit- down strike of more than 350 miners, 360 feet underground in the Superior Coal Co.'s mine at Wilsonville, became an endurance contest today, with negotiations toward settlement dead- locked over evacuation of the property. Conferences were abandoned after S (Bell System) was not substantial and the lower ! courts’ decision was based on non- | Federal grounds. The majority opinion said, however: “The unions may seek by legal means to induce him to agree to | unionize his shop and to refrain from exercising his right to work with his own hands. The judgment of the highest court of the State establishes that both the means employed and the | end sought by the unions are legal. | under its law. Peaceful Picketing Noted. “Inherently, the means authorized are clearly unobjectionable. The | picketing was peaceful. Publicity did | not involve a misrepresentation of fact. “If the unions may constitutionally *dnduce Senn to agree to refrain from exercising the right to work in his business with his own hands, their acts | were lawful. * * * There was no | violence, no force was applied, no | molestation, or interference, nor co- ercion. | The dissenting opinion contended | “There is no escape from the con- | ¢clusion the unions intended by the | picketing they carried on to mis- Tepresent the plaintiff in respect of his relation to or dealing with the union and by that means to deprive him of his occupation.” Jail Loses Caste. Prisoners in the jail at Guernsey, land, are greatly disappointed. ‘They have been walking out at night and returning in the morning. Now | they cannot. All were especially fond | of dances. Lesbirel, a trusty, took | impressions of the keys of cells and | outer gates. With duplicate keys he and his friends took nights off. One ~ night a policeman found an outer gate open. A roll call showed that the missing man was Lesbirel. When he returned at 5 am. he was searched and a dance ticket found on him. ADVERTISEMEN' POSLAM STOPS ITCHING AND LETSYOUSLEEP Concentrated skin - comfort — that's what Poslam is! Put just a little on that aggravating, itch- ing spot tonight. It penetrates the outer layers of skin and soothes the irritation. Almost at once the itching stops and by morning the redness and soreness begin to fade. With the eruption pacified, healing is promoted. Why walt | for relief? Get Poslam today and | | 8et sleep tonight. Your druggist sells Poslam, 50c. company officials and representatives of the strikers failed to agree on with- drawal of the strikers from the shaft, which Fred S. Pfahler, president of the company, declared must precede any discussion of division of work and | other demands presented by the strikers, ‘The miners, rejecting Pfahler's re- quest to quit the underground quarters they have occupied since Thursday, said they were ready to “stay indef- initely.” “Plenty of food” has been provided, and the sit-down strikers were “quote comfortable,” the men reported. e University of Alabama co-eds made decidedly better grades for the first semester of this year than the men. . HoLipay WEEK-ENDS RUN MORE SMOOTHLY WHEN YOU I C. C. C. Clerk Faces Loss of TELEPHONE AHEAD HELP YOURSELF to a happier holiday week-end by telephoning ahead for reserva- tions and other arrangements. It costs little and pays much. After seven p. m. daily and all day on Sundays you can talk as far as 135 miles for only 45¢ (3- minute station-to-station call). THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY ME tr an 9900 PR RN Buy Now, Price Gees i]p June 1Ist MODESS 2 Boxes— 100 Napkins $ 29 67¢c A BOX HOUSEHOLD PACKAGE HOUSEHDLD PALKA Modessal Now!—you can have the greater comfort, the peace of mind which only Modess gives, ot a price that will save you money! Limited supply! Come early and avoid disappointment! (The Hecht Co., Toilet Goods, Main Floor.) TON, D. C, TUESDAY, MAY 25, 1937. HUNGER STRIKER DEFIES GENERAL Job Unless He Starts Eat- ing “3 Meals a Day.” By the Associated Press, £ ROSBVILLE, Ga., May 25.—The blunt warning of Maj. Gen. Van Horn Moseley that Hunger Striker Philip A. Baumgartner “better start eating three meals a day” failed to end today the C. C. C. clerk’s non-eating cam- paign for more money. Gen. Moseley, 4th Corps Area com- mander, said Baumgartner would change his tactics or face loss of his Job as a civillan clerk in the C. C. C. warehouse at Fort Oglethorpe, near here. Baumgartner, who entered the tenth day of his non-eating, non-shaving marathon today, replied: “I didn't start this thing to quit,” adding he would appeal to the President if dis- charged. As to Gen. Moseley, Baumgartner said: “If he doesn’t show he is in- terested enough to investigate condi- SLIP COVERS Custom-Tallored, Pleated and Zippers. i fabrics, Excellent . Set, $33.50 DRAPERY SHOP 1317 F “geietpier* pl. 3211 || tions out here, in my opinion he is not fit for the high office he holds.” Baumgartner, who has not worked for two days, said he doesn't intend to come back, until “this thing is settled.” The father of six children, Baum- gartner said he makes $105 per month, but “too much stress has been put on my salary, although I can't survive on that amount. One retired Army man here has $138 retirement pay and has no claims on the relief money, yet he steps up and takes extra money I was supposed to get—$120 or $135 per month.” Columbus Carried C_ows, Columbus carried cows on his sec- ond voyage, landing at Santo Domingo, Forty years later cows arrived on the mainland via the shores of Florida and Mexico. EINJOY A HOLIDAY OUTING TO $ ATLANTIC & cIry SUNDAY, MAY 30 AND MONDAY, MAY 31 $ 7_5' Round Trip from WASHINGTON Leave Washington 1:00 A.M. and 6:30 A. M. either day. Arrive Atlantic City 6:30 A. M. and 11:35 A. M. Return- Ing, leave Atlantic City 5:30 P. M. end 6:30 P. M., same day. (Standard Time) 2-DAY ssoo l?ll':fl LimIr Leave Sunday, May 30; Return Monday, May 31. Same fimes as above. Details from Agents. Phone District 3300, National 7370 BALTIMORE & OHIO R which safely Stops Perspiration 1. Cannot rot dresses, cannot irritate skin. 2. No waiting to dry. 3. Can be used after shaving. 4. Instantly stops perspira- tion 1 to 3 —re! odor from perspiration. days—removes 8. A pure, white, greaseless, stainless vanishing cream. ARRID has been awarded the Seal of Approval of The American Laundry Institute for being harm- less to fabric, 395 ARRID (Toiletries Dept., Main Floor) THE HECHT CO. F Street at Seventh NAtional 5100 MERCERSBURG HONORS 4 WASHINGTON BOYS A. Noble McCartney, Edward 8. Dulcan, Austin W. Milans, C. L. Rockwood Graduate. A quartet of Washingtonians will be among the 105 boys to receive di- plomas at Mercersburg Academy, Mer. A-9 cersburg, Pa, graduation exercises next Monday, it was announced today. They are A. Noble McCartney, 19, son of Dr. and Mrs. A. J. McCartney, 2556 Massachusetts avenue; Edward 8. Dulcan, 18, son of Mr. and Mrs. C. B. Dulcan, 3838 Cathedral ave- nue; Austin W. Milans, 19, son of Mrs, Calvin Milans of Kenwood, Md., and Charles L. Rockwood, 19, son of Dining Room Treatment. Blate gray, lime green and yellow form the color scheme of & sophisti- cated and striking eighteenth century English dining room. The walls are painted slate gray with the ceiling in off-white. Lime green is used on the woodwork—the rug is the same color. Draperies are in yellow and the room Lieut. Col. and Mrs. A, L. Rockwood, l is furnished with Sheraton repro- 2231 Bancroft place. ductions. Tomorrow! WEDNESDAY ! Philadelphia LAWN One of the best-known mowers in the country .. . at a Strong, wide price. 8-in. wheel! features . special one-day Note its special . . the secret of its splendid wear. Easy adjusting screws! Double riveted iron wheel-ends! Tee-bar pinned in place! 4 self- sharpening 12-in. steel blades! Roller pins firmly imbedded! Heavy corrugated, all-rubber garden hose complete with brass couplings that will fit any standard-size faucet or nozzle. Fifth Floor—The Hecht Co. BETTER ACT S00Y TO GET MOTORING'S worth, the Packard 120— BIGGEST MOX AMERICA’S OUTSTANDING money’s ig, luxurious straight-eight. It brings you Packard’'s “double-life”’ . . . both lasting identity and Mosr PEOPLE who have made a study of motor cars will tell you that today’s biggest dollar value is Today you can get this big, roomy straight-eight Packard — a real Packard inside and out, with teristic long mechanical life and Pack- ard’s enduring identity — af an astonish- ingly low price. But — this seasom may be your last chance to buy so much money! For, with the cost of labor and mate- rials already at much higher levels, in- creased prices for cars seem inevitable. It is only because Packard has been Connecticut at S WALLACE MOTOR CO 1520 14th Street SCHULTZE MOTOR CAR CO. 1405 H Strest N.E. COURT HOUSE GARAGE ‘Warrenten, Va. long mechanical life. the Packard 120. so long. Packard’s charac- unusually well equipped to build quality cars economically that we’ve been able to give you such a sensational value for So—our earnest advice is, come in and drive the Packard 120 now. You'll find it offers genuine and thrilling Packard per- formance and quality. You'll see figures which will open your eyes to the ease fine car for so little with which the car can be bought—and you'll see proof that the Packard 120 is without doubt the most economical car of its size in America to operate! But please don’t put it off too long if you want to save yourself money! ASK THE MAN WHO OWNS ONE The Packard 120 Touring Sedan for five passemgers PACKARD 120 Here’s what a Packard 120, as illustrated, costs here in Washington $1,285 Delivered price, including all standard equipment, and state and local taxes If you, like many others, prefer to purchase your Pack. ard out of income, the necessary down payment on the car is only $385. Your old car, if of average value, should cover or exceed this amount, leaving monthly payments wo Aigher than $58. Equally attractive monthly terms are available on the other seven beau- tiful Packard 120 body styles. PACKARD WASHINGTON MOTOR CAR CO., DISTRIBUTORS COLONIAL MOTORS Vienna, Va. 1711 Wilson Blvd., Clarenden. Va. TYSON’S CROSS ROADS GAR. McREYNOLDS MOTOR CO. 5832 Georgia Avenwe NORTH WASHINGTON MOTORS, Inc. 8527 Geergia Avenue ROWE MOTOR CO., Inc. 6909 Wisconsin Avenue PRY MOTOR CAR CO. 5019 Connecticut Avenue ADams 6130 RICHARDSON BROTHERS 2204 Nichols Ave. S.E. CONGRESSIONAL MOTORS 900 M Street S.E. EDWARD H. CASHELL, INC. Rockville, Md.