Evening Star Newspaper, June 1, 1937, Page 21

Washington News RIGGS BANK HELD LIABLE FORS176,039 IN'RHEEM CASE Court of Appeals Relieves Institution of Responsibility for $635,000. SHOREHAM BUILDING SALE LED TO SUIT Noteholders of Defunct Swartzell, Rheem & Hensey Co. Will Be Paid Amount. The United States Court of Appeals today held the Riggs National Bank liable for $176.039.99 to a group of noteholders of the defunct Swartzell, Rheem & Hensey Co., who had claimed $811.039.99. The decision relieved the bank of liability for the other $638,000 claimed. The litigation arose out of sale by the investment house of the Shoreham Building to former Secre- tary of War Patrick Hurley in 1930. Holders of notes secured by a first deed of trust on the building con- tended the bank should not have al- lowed Swartzell, Rheem & Hensey to transfer “‘earmarked” funds, placed in the bank to pay noteholders, to the company’s general account. The District Court had held that the bank was not liable to the note- holders for either $176,039.99 or $635,« 000, representing the difference be- tween the first-named sum and the total claims. The investment company sold a $2.225,000 note issue on the Shoreham Building to its customers, and the notes were secured by a first deed of trust on the property. Negotiations for Sale. The firm later acquired title, in the name of two of its employes in the building, and early in 1930 Edmund D. Rheem, executive vice president, began negotiations with Hurley for rale of the structure to the former cabinet officer. After collapse of the investment firm later that year Rheem was indicted, convicted and sentenced to seven years’ imprisonment. He recently was paroled. As a requirement of the sale, Hurley required the firm to deposit sufficient funds to pay with interest the out- standing notes, which amounted at that time to $2.334.750, and to ear- | mark the deposits of that amount for | the benefit of noteholders. Hurley was to pay $1,706,645.80 in cash toward purchase of the building. The noteholders contended that Rheem, although knowing his firm was on the verge of bankruptcy, went to | the Riggs bank and secured a $635,000 | five-day loan, saying he needed the funds to close the sale of the Shore- | ham Building. Added to the $1,706,645.80 put up by Hurley as part of the purchase price, this loan made available the full $2,334,750 required by Hurley for the *benefit of noteholders. Rheem immediately set up a trust fund for this amount in the bank without the knowledge of the bank's president, Robert, V. Fleming. Within a short time, however, Flem- ing returned to the bank after an absence and wrote to the interested parties, telling them the bank would not accept responsibility for disburse- | ment of the fund to the noteholders. Second Trust on Building. About this time it developed that there was a $300,000 second trust on the Shoreham Building which also | had to be released Rheem, therefore, drew a $262,000 check against the firm's general ac- count in the Riggs Bank to pay this indebtedness, but it was found later the investment house had a balance | of only $86,907.50, causing an over- draft of $176,039.99. The next day, in order to clear the overdraft and to repay the $635,000 five-day loan, Rheem drew a check for the entire $2,334,750 trust account and indorsed it to the bank for deposit in the company's general account. Thus when Swartzell, Rheem & Hensey went into bankruptcy shortly thereafter, the $2,334,750 deposit for the noteholders had been diminished by $811,039.99, representing the sum of the repaid loan and overdraft. Unpaid first-trust noteholders on the Shoreham Building thereafter brought | suit to require the bank to set up a trust deposit for their benefit in the #sum of $811,039.99. Speaking for the appellate court, Associate Justice D. Lawrence Groner #aid that under the common law the bank would have been liable for re- payment of the entire amount be- cause the bank knew of the trust de- posit. The court said passage in 1928 of the uniform fiduciaries act relieved the bank of liability so far as the $635,000 loan was concerned. As to this transaction, the bank could not be considertd to have the actual knowledge of the transfer of the funds used for payment of the loan. The testimony showed only the pay- ing teller who handled the check knew of the transaction, the court stated. The court said the fiduciaries act was not applicable to the overdraft transaction and reversed the trial court so far as that item was con- cerned. PRIVATE RITES HELD FOR DR. G. M. RUFFIN Prominent Physician Died in Hali- fax County, Va., While Visiting Sister. Private funeral services were held here today for Dr. George M. Ruffin, 60, of 1645 Connecticut avenue, prom- inent physician, who died Saturday at the country home of his sister, Mrs. William B. Sims in Halifax County, Va. The body was cremated. The ashes will be placed in St. Matthew’s Epis- copal Church Yard at Hillsboro, N. C., the home of Dr. Ruffin’s ancestors, at & time to be decided later, A graduate of the University of North Carolina and George Washing- ton University, Dr. Ruffin had prac- ticed here about 35 years and was widely known. He left here several days before his death to visit his sis- ter and was ill only two days. lal Ay YEARS' SERVICE /Dean of Art Directors at Corcoran Gallery Observes Day on Duty. Forty-five years ago today, a 15- year-old Alexandria boy went to work | as a clerk with the Corcoran Gallery of Art, then in the old building at Seventeenth street and Pennsylvania avenue now occupied by the Court | of Claims. i Today the one-time clerk, C. Powell | Minnigerode, quietly observed the an- niversary by working as usual at his desk in the offices of the gallery, where he presides in the highest executive post—that of director. The 45 years have seen him ad- vance to a position of commanding prominence in the world of American art. In point of continuous service, he is the “dean” of all art museum direc- tors in the United States. He is president of the Association of Museum Directors, a post to which he recently was elevated in recognition of his distinguished attainments. He is the senior member, from the standpoint of continuous service, on the board of trustees of the gal- lery, having been on the board for the last 22 years. During the entire period he has been secretary of the board. Popularity Recognized. Mogse than that, Minnigerode is one of the more popular of museum di- rectors in the eyes of the thousands of American artists. He is especially proud of that camaraderie, for artists —generally a temperamental lot— American artist always has a friend and counselor available in Minni- gerode. He is a friend not only of the strug- gling young artist, but of the great painter as well. He was an intimate associate of the late Gari Melchers. He knew John Singer Sargent, Abbott Thayer, J. Alden Weir, Frank Du- veneck and many other famous artists of another day. Minnigerode was appointed a clerk at the gallery June 1, 1892, at a sal- ary of $20 a month. At that time there was no director. Instead the gallery had a curator, Dr. F. S. Bar- barin. Five years later the gallery moved into its new building at Seventeenth street and New York avenue. When Dr. Barbarin died, in 1899, a new post of director was created, and the late Frederick B. McGuire, a trustee, became the first director of the gallery. Minnigerode was promoted to as- sistant director in 1904 He was elected & member of the Board of Trustees and chosen as secretary of the board in 1915. McGuire died that year, and Minnigerode was named to succeed him as director on October 18, 1915. Thus at 39 Minnigerode became the only art gallery director who also was a trustee of his institution. Honored in 1915, Another honor came to him in 1915. He was chosen the only lay member of the International Jury of Award for the Panama-Pacific International Exposition at San Fran- | eisco. The Corcoran Gallery has made great advances during the years that Minni- gerode has served it. Through the generosity of the late Senator Clark of Montana, the gallery has acquired the notable Clark collection of famous paintings, housed in a special Clark wing. Through the joint beneficence of Senator Clark and his widow, the gallery has been able to hold its ‘widely acclaimed biennial exhibitions of con- temporary American oil paintings— outstanding of their kind. The gallery has grown from a small institution with limited space to one of the noted art museums of the country, with 81 rooms. When Minnigerode began his cler- ical duties 45 years ago, the late Dr. James C. Welling was president of the board of trustees. Succeeding Dr. Welling was the late Samuel H. Kauff- mann, and then came the late C. C. Glover. George E. Hamilton is presi- dent now. Some years ago Minnigerode was decorated by the King of the Belgians in appreciation of his aid in arrang- ing an exhibition of Belgian art at the Corcoran Gallery. The board of trustees of the gallery has designated him as chairman -of L g @ BY MINNIGERODE make friends with few directors. The | @he Foen WITH SUNDAY MORNING EDITION [ 4 wy Star WASHINGTON, D. C, Dean of Art Directors C. POWELL MINNIGERODE. —Star Staff Photo. Isabelle Messmer, Arrested Again, Is in Town Again | There Are No Charges, but Police Just Can’t Break a Habit. Isabelle Lorraine Messmer, peren- nial headache of the Metropolitan Police Department, came back to town today, and apparently only because it's a habit with them, officers ar- rested her. The 22-year- old girl, who has been arrested here on numer- ous occasions— once waen dis- guised as a boy— 3 was taken into | custody at & bus | terminal near 1[ Fourteenth street | and New York avenue. Inspector Ber- nard W, Thomp- | son, chief of detectives, said that no | charges are pending against the girl, | but he understood some members of | the department wanted to question her. She was taken to the Woman's Bureau. When she was arrested today, the girl broke into tears. She said she has been living with her mother at her home in Elwood, Ind. She came here alone. Isabelle was semtenced to a 60-day jail term here on several bad check charges in November, 1935. She was wearing boy’s clothes when | arrested in August, 1934, in a down- town hotel. Detectives had become suspicious after they noticed her cropped, black hair beneath a blond wig. AUDITORIUM GROUP IN FINAL SESSION Skating and Hockey Advocates Urge Facilities Be Provided These Sports. The final meeting of the Auditorium Advisory Committee is being held this afternoon in the office of C. Marshall Finnan, superintendent of National Capital Parks, who is chairman of the group. Advocates of ice skating and ‘hockey are appearing to urge that the Auditorium be furnished with facilities for these sports. Christopher Meyer was slated to tell the committee of the demand of ice skaters for adequate accommoda- tions, 5 Finnan said he hopes to hand over his report to the National Capital Auditorfum Commission, which is headed by Secretary Ickes, in the next couple of weeks. The public has been given an oppor- tunity to state its views on the audi- torium, and witnesses from various civic and business interests have been heard. The location at Third street and Constitution avenue, on part of the Municipal Center site, is fa- vored by the National Capital Park and Planning Commission and Fine Arts Commission as the location for the auditorium. Finnan said his group would report to the commission probably three or four alternative sites, listing them in the order of priority. He made it clear he and his colleagues have only advisory powers and that it is up to the commission and Congress to make the final decision. Isabelle L. Messmer. A 0. E. §. Plans “Advance Night.” GAITHERSBURG, June 1 (Spe- cial).—Pentalpha Chapter, O. E. 8., will hold its “Advance night” in the Masonic Hall, here, Friday at 8 p.m. —— e the board’s Committee on Works of Art. Minnigerode recalled today that two other Washington friends began work as clerks 45 years ago today. They are Clarence J. Aspinwall of the Se- curity Storage Co. and Wilbur J. Carr, Assistant Secretary of State. Although born in §t. Louis, in 1876, Minnigerode comes of a family long prominent in Virginia. He spent his boyhood in Alexandria. He is & member of the Metropolitan and Chevy Chase Clubs, a director of the Episcopal Church Home and s director of the Riggs National Bank. FUND IS APPROVED FORWHITE HOUSE FORCE INCREASE House Reorganization Com- mittee Favors Direct Appropriation. REST OF PROGRAM COVERED IN 3 BILLS Senator Byrd Urges Congress Keep Control of Finance, Proposing Committee. BY WILL P. KEjJNEDY. Immediate compliance with Presi- dent Roosevelt's reorganization de- mand for an increased secretariat for the White House was decided on to- day by the House Reorganization Com- mittee. An effort will be made to put through this part of the President's recommendations by direct appropria- tion, instead of through substantive law authorizing such appropriation. ‘The House committee unanimously agreed to divide the rest of the reor- ganization program into three bills, “provided agreement cculd be reached on the type of bills.” Chairman Cochran announced the measures will be: “1. A bill to cover the recommenda- tions creating two new departments and giving the President power to re- organize, consolidate, eliminate such existing agencies as the committee should agree upon. “2. A bill covering the recommen- dations affecting the civil service “3. A bill covering the Controller | General's Office, including the Gen- | eral Accounting Office.” Explanation by Cochran. In explaining the decision regard- ing the White House secretariat and the effort to avoid substantive law on | this subject, Chairman Cochran said: | “A subcommittee of three mem- | bers—Cochran, chairman; Vinson, Democrat, of Kentucky, and Taber, | Republican, of New York—was ap- | | pointed to consult with the Bureau be done legally, to have the proper letter sent to the Committee on Ap- propriations, requesting the appro- priation of a sufficient amount to take care of the additional help rec- ommended by the President's com- mittee for the White House staff. This additional help will be subject to the classification act, the appoint- the Civil Service Commission.” Meanwhile, Chairman Byrd of the Senate Reorganization Committee proposed setting up of a financial ad- ministration committee, composed of member- of Congress and representa- tive fir.ancial officers, with an auditor general acting under its approval, having pre-audit authority and the power to force Federal agencies to comply with administrative and re- porting systems prescribed by him. The auditor general would be required to make a comprehensive report to each session of Congress on the Gov- ernment’s financial condition and operations. Byrd proposes to abolish the Treas- ury Department's division for dis- bursing and accounting for emergency expenditures, whose pay roll and other administrative obligations in the last fiscal year amounted to $12,412,789.46. Introduces Two Bills. In a resolution and two bills intro- duced today Byrd called on the Presi- dent to fill the office of director of the budget (vacant since 1934) in the interest of efficiency; propose to strengthen both the budget accounting systems and to abolish the Recon- struction Finance Corp., effective January 1, 1938, and to transfer its functions to existing agencies. This agency’'s budget for the coming year totals $9,500,000. “The major purpose of the resolu- tion and one of the bills,” Senator Byrd sald, “is to strengthen and clarify the established theory of the Government’s financial administra- tion.” He seeks to strengthen the Budget Bureau, in the interest of effi- ciency “by removing the bureau from its anomalous structural position in the Treasury Department to an inde- pendent status directly under the President, and by broadening appli- cation of civil service laws and reg- ulations to bureau employes.” Chairman Byrd, who is sponsoring a series of legislative measures for a co-ordinated reorganization to achieve very substantial economy in costs of Government and greater efficiency, explain that he aims to strengthen what is now the independent General Accounting Office and to clear away confusion which has attached to that office. His bill would change the name to “the Office of Audit and Settle- ment,” to avoid confusion in the use of the words “accounting” and “con- trol.” He proposes to eliminate fric- tion by means of the Financial Ad- ministration Committee. The bill would make administrative officers re- sponsible for the legality of their ex- penditures and encourage them to make use of the office’s pre-audit au- thority. Based on Brookings Report. In addition to these provisions of the financial administration bill, which are based entirely on the report of the Brookings Institution, it further provides that the control exercised over the other agencies of the Gov- ernment shall be extended to Federal corporations in which the . United States owns all or a majority of the capital stock. Another provision of the bill, in addition to those recom- mended in the Brookings report, would allow an agency head to appeal to the Court of Claims, from a decision of the auditor general rendered upon his request. POLICE SHED COATS Summer Shirt-Sleeve Attire Or- dered by Edwards. The familiar Summer attire of ‘Washington’s police force—gray shirt and black tie—was in evidence today. Inspector L. I. H. Edwards, assistant superintendent, yesterday gave the officers permission to-shed their heavy blue eoats. TUESDAY, of the Budget with a view, if it can | the ments made by the President through | INCREASE IS URGED INTEACHING FORCE OF SCHOOLS HERE Parents From Junior and JUNE 1, 1931. Ll L Boy Has 5 Great-GrandRarents Senior High Units Appear Before Senators. GROWING POPULATION IN PUPILS IS CITED Hold Large Classes Leave No Op- portunity to Develop Ability of Individuals. BY J. A. O’LEARY. A plea for more teachers to keep pace with the steadily growing popu- lation in the public schools here was made today before the Senate sub- committee handling the 1938 District supply bill by a delegation of parents from the junior and senior high schools. They told the subcommittee, pre- sided over by Chairman Thomas of Oklahoma, that in the last seven years the number of pupils has in- creased from 75,454 to 93,509, a gain of 20 per cent. In the same period the teaching force has been enlarged by only 9 per cent, they declared. Emphasizing the difficulty of giving children the help they should have when classes become too large, the delegation gave the number of classes having 45 or more pupils as follows: In the senior high schools, 255; Junior high, 720: vocational, 36, and elementary schools, 198. Require Mass Teaching. The number of classes having be- tween 40 and 44 pupils were listed as | follows: Senior high, 324; junior high, 1,044; vocational, 12, and elementary, 396. Large classes, they informed the committee, require mass teaching, leaving no opportunity to develop the particular ability of individual pupils Among those who spoke for the group were Mrs. Robert Riggs of ‘Woodrow Wilson Senior High School, Mrs. G. H. Collingwood, Macfarland | Junior High, and Mrs. F. C. Craighead of Woodrow Wilson. As the supply bill passed the House, item for teachers' salaries is | $65,400 lcss than the budget estimate. | teachers. The House measure allows | 54 new positions, of which 27 will be required for classes in hew buildings soon to be opened. Jail Guard Plan Heard. The subcommittee also heard testi- mony on behalf of a shorter work week for guards at the District Jail. The subcommittee was told the guards now work a 56-hour week of seven days. Twelve new positions were asked for to establish a five-and-one-half-day week, as in other Government estab- lishments, A five-year campaign to beautify school grounds through city-wide co- mittee by Mrs. B. G. Mcllwee, chair- man of a special committee of the Roosevelt High Parent-Teacher Asso- ciation.” The association launched the movement last year. Mrs. McIlwee also called attention to resolutions adopted by the Manor Park Citizens' Associa- tion last Winter urging a new method of handling complaints against dogs. Speaking as an individual citizen, tee there is a need for more nurses at the Tuberculosis Hospital, Fourteenth and-Upshur streets. 17-HOUR STRUGGLE TO SAVE BABY FAILS Child Born in Chicago Without Being Able to Breathe Nat- urally Dies. By the Associated Press. CHICAGO, June 1.—Twelve fire- men lost their 17-hour struggle today to save the life of John Francis Walsh, who was born in Mother Cabrini's Hospital without being able to breathe naturally. The 7!2-pound baby died after in- halator squads worked in two shifts since yesterday afternoon when the child was born to Mrs. Frank Walsh, 22. The firemen, who used 16 tanks of oxygen, were assisted by a woman phy- sician, an interne and two nurses. BAND CONCERTS. By the Marine Band in the formal garden at the Army Medical Center at 6:30 o'clock tonight. Capt. Taylor Branson, leader; William F. Santle- mann, assistant. PROGRAM. March, “Old Comrades”......_Teike Overture, “Orpheus” ___.__Offenbach Saxophone solo, “Valse Manzan- -Wiedoeft Kenneth Douse. “Coronation Scene,” from “Boris Goudunov” ----Moussorgsky Excerpts from “No, No, Nan- ette” --Youmans Xylophone solos: (a) “Hungarian Dance,” No. 6, (b) “Nola” Musician Charles Owen. Valse, “Invitation to the Dance,” Weber-Weingartner “Hungarian Rhapsody,” No. 14__Liszt “The Star Spangled Banner.” By the Soldiers’ Home Band at the bandstand at 7 o'clock tonight. John 8. M. Zimmermann, bandmas- ter; Anton Pointner, assistant. PROGRAM. March, “The New Washington Post” ... Overture, “Safari’ Suite characteristic, Carnival” (1) “Rejoicing an the Queen” (2) “Queen of the Ball” (3) “Love Song and Barcarolle.” Excerpts from the musical comedy, “He Wanted Adventure,” ‘Turnbridge auguration of Pepular numbers: ve Little Reasons for Happi- ness” .o e -------Scheill “It's an Old Southern Cus- -Meyer Strauss The estimates provided for 93 new | operation was outlined to the subcom- | Mrs. McIlwee also told the subcommit- | John Howard Bowman (sec old Friday, must hold some sort son. He has five great-grandpar: above picture. Left to right: Mr. and Mrs Folmer and Mr. and Mrs. Joel HOLIDAY ACCIDENT TOLL THREE DEAD: Navy Band Musician, Walter Seitz, Killed by Auto—Two Men Drown. Two holiday accidents claimed the | lives of three men in and near Wash- ington yesterday. Despite the throngs of motorists on city streets and outly- ing highways the day was remarkably free of serious | traffic crashes, | v Walter Seitz, 45, a musician in the Navy Band, was killed when | his sutomobile | crashed into a | telephone pole | near Rockville, | | = Md., while he B - . was returning | from Glenn Rock, | Pa., where he| | % had gone to decorate his| mother’s grave. Wife Planned Trip. Seitz, a broother-in-law of Police | Lieut. Floyd Truscott, was alone in his | | car when it swerved out of control at | | the top of a hill on the Etchison- | | Damascus highway. His wife Grace | had planned to make the trip to Penn- | sylvania with him, but at the last min- ute found she was unable to leave their home, at 1303 S street southeast. Sietz | had played the clarinet in the Navy Band several years. Two colored men drowned in the Potomac River off Shepherd's Point, | | near the Home for the Aged and In- firm at Blue Plains, D. C., yesterday when the rowboat from which they were fishing sank. The victims were Louis Dennis, 23, and Gene Gibson, 31, of Alexandria. Ace Simons, 31, swam to safety. Knocked From Motor Cycle. No serious traffic accidents were re- ported in the city proper. Motor cycle Policeman Garner L. Norris, eighth precinct, escaped with slight cuts when he was knocked from his motor cycle following collision with an auto- mobile driven, he reported, by Ben Tarwater, 46, of 1932 Calvert street. Mr. and Mrs. Jacob H. Moore, of 24 Adams street, escaped with slight head injuries when their automobile overturned at Saratoga and Philadel- phia avenues, Takoma Park. D.C. YOUTH GRADUATES John Barron Receives Degree at Columbia U. Today. John Joseph Barron of Washington was one of 300 seniors scheduled to re- ceive a bachelor of arts degree from Columbia University today in exercises at the New York institution. Barron was affiliated with Phi Kap- pa Psi fraternity and was a member of the track squad. He belongs to the Blue Key Society, an honorary group, and participated in many campus so- cial activities. He lives at 909 Varnum street northeast. Walter Seitz. Time Extended. President Roosevelt today signed a bill extending the time for com- mencing and completing the con- struction of a bridge across the Po- tomac River at or near Dahlgren, Va. Mrs. J. E. Bowman, 3600 Eighteenth street Society and General B ond from left), son of Mr. and , who will be 2 years of a record.as a great-grand- ents, all shown with him in the . J. M. Weist, John, Daniel H. C. Klingeman. Star Staff Photo. T Tissing BOY, 6, FEARED DROWNED IN RIVER, PAGE B—1 REFRIGERATORACT BRINGS PROTEST: RESTUDY ROERED Attempt by D. C. Officials to Race Through Code Halted. FIVE-MINUTE LIMIT ON SPEAKERS INVOKED Committee of Public and Business Interests to Survey Proposal. Attempts by District officials to race | through a public hearin; | Posed drastic new refr; | conditioning | g on a pro- gerator and air ade stirred a vociferous revolt today by some 200 business men and property owners, who shout- ed objections until they won the right to a restudy of the whole issue. Loud cries of agproval rang through the District Building when several :spPakErS protested the District could | not “ram this code down our throats.” Capt. Patrick Henry Tansey, Assistant Engineer Commissioner, who was con- ducting the hearing, had insisted that no one could speak longer than five minutes and that the hearing would be held even if some did not know the terms of the proposed code in advance. At the wind-up Tansey said & rep- resentative committee for business in- terests and the public would be named | for, a restudy of the proposed code, and he added: “There's nothing else I can do now.” ¢ Talks Are Limited. police said. ‘ HARRY E. MURPHY, Jr., Who is feared to have been drowned after disappearing yesterday while on an outing on South River. Six-year-old Harry E. Murphy, jr., 1440 W street, disappeared yesterday while in bathing with his parents in South River off Glen Isle, Md, ac- cording to the Associated Press. Watermen were dragging the waters today for the body. The hoy disap- peared about a half hour after ar- riving there with his father, Harry E. Murphy, sr, meat manager in an A. & P. store; his mother and an aunt and uncle, Mr. and Mrs. Gordon Miller. Justice of Peace Joseph O. Fowler, Edgewater, acting coroner, said water- men were of the opinion the boy had stepped into deep water and may have been carried offshore, the Associated Press reported. The father said his son did not know how to swim and was afraid of the water. He said he had not been well since an automobile accident last October in which he received a frac- tured skull. Murphy said there was a strong | undertow, sinkholes and cross cur- rents, at the place where they were bathing. APPOINTMENT MADE Koester Executive Assistant to Secretary of War. Appointment of Charles W. Koester, | former chief of the recording sec- tion of the Reconstruction Finance Corp., as executive assistant to the Secretary of War was announced to- day. Koester, a resident of Washington for several years, is a member of the District bar. He is a graduate of the University of Nebraska, George Washintgon University and Harvard University. A native of Marysville, Kans.,, he now makes his home at the May- flower Hotel. o Would Halt Mail on Bad Roads. FREDERICK, Md, June 1 (Spe- cial). — The Frederick-Montgomery County Rural Letter Carriers’ Asso- ciation asked the Post Office Depart- ment to abandon mail routes which include impassable roads. Many of the carriers reported they had been stuck in the mud frequently this year. Law to Set Length of Inch Urged by Government Expert How long is an inch? ‘That question isn't as silly as it may sound, because nobody can say with real authority. Congress should remedy the situ- ation by passing a law definitely fix- ing the standards of weights and measures, Dr. Lymann J. Briggs, di- rector of the National Bureau of Standards, told the twenty-seventh National Congress on Weights and Measures here today. Dr. Briggs pointed out that the Constitution specifically grants Con- gress the power “to fix the standards of weights and measures.” The major congressional action along this line so far has been to make the metric system, as adopted by France in 1791, legal in this country. How- ever, the inch and pound system are customarily used here without precise stands of determining their value. u of Standards, he an-|. nounced, has submitted to the Com- merce Department, for submission to Congress, the draft of a bill proposing “to establish legally the standards which define the weights and measures now in use.” The proposed standards would be based on the metric system, fixing the length of an inch at 25.4 millimeters. This would fall midway between the present accepted values of the British | and United States inches, Dr. Briggs | said. Dr. Briggs spoke at opening of the national conference, of which he is president. The conference will con- tinue through Friday. The afternoon program today included addresses by James O'Keefe, inspector of weights and measures of Chicago; D. E. Mont- gomery, consumers’ counsel of the Ag- rieultural Adjustment Administration, and Dr. J. H. Meek, director of the Virginia Division of Markets. - Tansey opened the meeting by an- nouncing that no one could speak longer than five minutes, since he had requested that any interested party submit a brief giving ‘“constructive criticlsm.” Col. Julius I. Peyser re- sponded with a request that apart- ments be considered separately, saying he represented 20 buildings having from 100 to 200 refrigerators each When Tansey demurred, asking Peyser why he did not submit a brief Peyser shouted he had never heard of or seen the code and did not know anything about the hearing until the last minute. Tansey then retorted: “Copies of the proposed code were mailed out and a notice has appeared in the papers. We can't postpone a | hearing because some people don't read the papers.” | Red-faced, Col. Peyser shouted back: “Listen, you can't cut me off. I am one of the taxpayers here, Your very | manner makes me suspicious. I am | not afraid of you or the Commission- ers. TFhere is a power higher than you that we can appeal to.” A shout of approval went up from | most of the 200 witnesses. | Ringgold Hart, representing the | Merchants’ and Manufacturers' Asso- clation and several dairies, joined in the dispute, declaring: “In all my 23 years’ experience with | the District government I have never | encountered anything like this. It is | an insult to my intelligence to try to | present my position on this technical | matter in the 5 minutes you have al- | lowed us, “I can only surmise that the people who drew this code are like the king and can do no wrong, or that they are so incompetent they cannot be subjected to cross-examination, I have advised my clients not to try | to discuss the technical aspects of this code in five minutes. It would I'be a travesty on justice to require | such a thing.” ! Julian I Richards, representing the | Washington Restaurant Association, said he received a copy of the code only last week and that in some in- stances, its application would amount to virtual confiscation. | "One section of the code is so ridiculous it is not worthy of dis- cussion,” he said. “It provides that | when a refrigerating place in a large | restaurant broke down—and with ammonia circulating in the establish- ment, endangering lives—the owner could not repair the machine until he went to the Distirct Building for a permit,” Tansey, after consulting with a member of the Code Committee, told Richards the situation he outlined could not occur. Richards shouted: "It says so in the | code.” | "R.H. Lucas, District inspector of re- | frigerators, a member of the Code Committee, announcing that he would answer Richards, said “9999-100ths per cent of the installations in the Dis- trict have been put in without a per- mit, although you are now required to obtain one. “Oviously,” he added, “we would not send a man to jail if he repaired his machine under the circumstances you mention.” To this Richards retorted: “We don’'t want to place in the hands of any Government appointee a right that might place & man in jail.” During resulting sporadic debate about a committee to go over the code | with District officials,* Rufus S. Lusk, representing the Building Owners and Managers’ Association, proposed a committee of five to include represent- atives of the manufacturers, distribu- tors, the repair workers, the users of refrigerators and air conditioning equipment and the public. Heavy Loss Is Cited. Opposition was voiced to the code as it now stands for the Washington Real Estatt Board by Secretary Charles J. Rush, who insisted “the retroactive feature of the proposed code would in effect make obsolete and unlawful the use of equipment which when purchased was lawful, resulting in unbearable losses to owners in cost of replacements and incidental license fees.” He predicted apartment rentals eventually would be increased. Opposition also was voiced by the Electric Institute of ‘Washington and other groups which filed briefs. Col. Peyser and other speakers said they wanted a code, but not the one as now proposed. The draft under debate was drawn up for the Commissioners by a come mittee consisting of A. R. McGonegal, plumbing inspector; Walter E. Kern, chief electrical inspector; Fire Mare shal Calvin G. Lauber, C. F. Brown= ing of the Health Department, Robert 8. Bcott, boller inspector, Lucas and 0. 8. Cragoe, senior physicist of the Bureau of Standards. | | s <