Evening Star Newspaper, July 6, 1937, Page 1

WEATHER. (U. 8. Weather Bure Fair tonight and change in temperature; winds becoming variable. Highest, 78, Closing N.Y. Markets—Sales—Page 18 85th YEAR. No. at 2 pm. 4 am. Full report on page A-2. 34,034, au Forecast.) tomorrow; little gentle northerly . Temperatures— ; lowest, 67, at Entered as second class matter post office, Washington, D. C. Che WASHINGTON, EARHART HUNT SHIFTED SOUTH OF HOWLAND AS LIGHTS MISLEAD CUTTER Meteor Likely U. S., British Clippers Complete Mistaken for a Flare. PHOENIX ISLES SEARCH ASKED Garbled Message Hints Plight Critical. BACKGROUND— Amelia Earhart, America’s ace woman flyer, secking » worlds to conquer, started about; three weeks ago on flight to girdle the globe at the Equator. Leaving Lae, New Guinea, last Friday, with Navigator Fred Noonan, on most dangerous leg of fight, Miss Earhart late today radioed that she had only a half hour’s supply of gasoline left and no land in sight. BULLETIN. The Coast | reported at had no Earhart plar The me: ington in that the It Howland Island numer- ous rumors that she had found or heard from the missing plane this morning. cutter 1.sca - she rted at 5:40 am s at first rom the that light thought mi be fi Earhart plane, were B the Assoclated Press. today, then sudd 1 the Coast Gua » Itasca re- | ported it appar ad mistaken a meteor for es from the round-the- world fiyer's plane. Despite the severe di: the search continuca today prospect its center proba ehift from a point 280 miles north | of Howland Island to the Phoenix Islands, an equal distance southward. Hope of immediate rescue of Earhart and Frederick J. No navigator of her $80.000 “fiving labo- ratory,” soared wk the Itasca was overheard at 3:45 am., rn stand- ard time, radioing the pla “We can see your fia tng toward you.” Forty-five m second massage “We see vour flares. Go ahead.” “Probably a Meteor.” ‘Then came anti-climax when offi- ror | out might have mistaken h for a flare, and Iat tk it was “probably a meteor.” | Tiny Howland Island. goal of Miss Earhart’s 2,570-mile flight from Brit- ish New Guinea last Friday also reported seeing the lights. Flares carried by the missing plane could not have been sighted both The phantom lights were seen where a fragmentary radio message vester- | forced down | were drifting. George ment | with a} v would | D Miss onan, | are com- | | la inutes ter came a decision by gasoline shortage, Miss Earhart's Palmer Putnam, h was so firmly convinced the g Was misinterpreted that the San Francisco Coast Guard radio sent out a message to searching ships of three nations asking them to shift their hunt 280 | miles southeast of Howland Island. Putnam based his opinion on the Inability of his wife's radio to operate when the plane is in the water. The Lockheed plant, builders of the plane, | verified his opinion concerning lhe‘ radio. Putnam has held persistently to | the belief she reached one of the tiny | atolls which dot the equatorial Pa- | cific. None of them is within 300 miles north of Howland. Warship Nearing Scene. Lieut. Frank Johnson, San Francis- €o Coast Guard communications offi- | cer, radioed the battleship Colorado, | nearing the scene from Honolulu, a | suggestion that the warship send her | three planes today to fly over the Phoenix Islands. Officials here also began to share the belief that Miss Earhart, if alive, has found a temporary haven on some re- mote reef. They indicated thé search would veer toward Phoenix. Coast Guardsmen, however, mented: “We can't overlook any bet. We must consider the possibility that Miss Earhart picked up new radio equip- ment somewhere on her flight, and #lso Noonan's known adaptability.” ‘They suggested Noonan may have adapted the radio to work when the (See EARHART, Page.A-3.) el AR HOME BOMBED Residence of Pastor Wrecked in Puerto Rico. PONCE, Puerto Rico, July 6 (#).—A bomb exploded today at the residence of Rev, Father Aguilera, destroying part of the building, library and fur- ‘nishings. | | com- Eighteen persons were killed in a clash at Ponce last March 21, Palm Sunday, between nationalists, military advocates of independence from the United States and police. Bombs since have exploded against the editor’s office of the newspaper El Imparcial at San Juan and at the home of a Ponce bank manager. —_— Italy Building 60 Airports. ROME, July 6 (#)—An official an- nouncement today said 60 new air- ports, virtually all of them for mili- tary purposes, were under construction in Ttaly. A total of 25,000 workmen are being employed in the project, | S | Diz as he entrained in Chicago last Two-Way Transocean Hops “Joy Ride” to Ireland Done in 13 Hours. Trip West in 15. By the Associated Press. Two mighty flying “ships that pass | in the might” successfully charted a | | route for regular commercial flights | between North America and Europe today. The Pan-American clipper 111 land- ed at Foynes, Ireland, after a 1,960,- mile survey hop from Botwood, New- foundland, making the ocean jump in 12 hours and 40 minutes. The tanks had 900 gallons of gasoline left. The British Imperial Airways flying boat Caledonia completed the west- ward hop of 1,990 miles from Foynes to Botwood in 15 hours and nine min- utes. Neither passengers nor mail was carried. The pioneering craft passed each other in the thinning darkness over | the North Atlantic a scant 100 miles |apart. The Caledonia landed at Bot- | { wood at 5:06 am. E. S. T. The Pan- | | American clipper alighted majestically or the River Shannon at Foynes ai |4:50 5ym. E. 8. T. Ta\ Wind Aids U. S. Plane. A brisk tail wind speeded the Amer- | ican plane, carrying Capt. Harold E. Gray and a crew of seven on the in- augural flight. A large crowd, headed by President Eamon de Valera of the Irish Free State. greeted the Americans. Gray termed the flight a “pleasant, | enjoyable trip.” He added the worst puyt of the flight came when the plane en&:umered rain clouds upon ap- | pr Jaching Ireland. | ‘The 19-ton, four-engined Caledonia | completed her hop ahead of sched- ule, 1 charge of Capt. A. S. Wil- | cockson and a crew of four. He had estimated the Caledonia would make the crossing in from 16 to 17 hours. Spectators cheered loudly as the ! big plane dropped out of the skies to an easy landing. The plane will fly CAPT. A. S. WILCOCKSON. (See CLIPPERS, Page A-5.) —Wide World Photos. DIZZY DEAN FLYING HERE FOR GAME Changes His Leaves St. Louis—Weaver May Be-on Team. BULLE 21N, Buddy Myer w'fl be at second base for the American League at the start of tomorrow’s all-star game at Griffith Stadium, it was learned this afternoon. The Wash- ington infielder may play the entire game, it was indicated, as Tivles Gehringer's injured leg may keip him out of action. | Dizzy Dean, eccentric St. Louis Cardinal pitcher, left St. Louis by air | this morning for Washington, where he is scheduled to take part in the National-American League all-star | game tomorrow. The Associated Press | reported he was accompanied by Presi- dent Sam Breadon of the Cardinals. After returning with other Car- dinal players last night from Chicago and conferring with Mrs. Dean, the Redbird ace boarded a plane which left the Lambert, St. Louis, Airport at 10:13 am. He is scheduled to ar- rive at Washington at 4:57 p.m. The St. Louis Globe-Demograt quoted night as being “tired of doing what everybody else wants me to do” and anxious to “do something for myself for a change.” Several weeks ago he was quoted as declaring he doubted that he would participate in the all- star game if he was selected as a mem- ber of the National League team. It appeared today that Monte (See BASE BALL, Page A-3.) PLANE UNREPORTED EDMONTON, Albert, July 6 (#).— Six passengers and the pilot of a tri- motored transport plane were unre- ported today on the maiden flight of 8 passenger-mail service to White- horse, Yukon Territory. Over Office EV the Assoctated Press. ANNAPOLIS, July 6.—The Court of Appeals today upheld the constitu- tlonality of the Melvin bill creating & million-dollar bond issue for the erec- tion of an office building in Annapolis. The court also held that the bill is not subject to a referendum, as pro- v:ded under a section of the constitu- tion. The opinion, written by Chief Judge Carroll T. Bond, was concurred in by the entire bench. The 10-page opinion each question raised by Willis R, es, at- torney for Harvey C. Bickel, who in- stituted taxpayer proceedings by ask- ing Judge Edwin Dickerson of the Bal- timore Circuit Court for an injunction restraining the Board of Public Works from selling the bonds. Judge Dickerson held the bill to be constitutional, but subject to referen- dum. Jones appealed from the consti- tutionality finding. With Sydney R. Traub, Baltimore City Councilman, he previously had filed a petition bearing more than 10,000 names with the sec- retary of State to force submission of the measure to the decision of th: CLEVELAND MILLS OPENUNDERGUARD Mind and 1,500 Troops Protect Men | Returning to Work at Republic Plants. BACKGROUND— “Little Steel” defied John L. Lewis' C. I. O. in May, when he called a strike, demanding union contracts. “Big Steel” had signed early this year, but Bethlechem, Re- public, Youngstown Sheet & Tube and Inland charged C. I. O. irre- sponsible and refused. At peak of strike 100,000 were out. Violence attended walkouts, but in last three days the front has been quiet as various plants reopened under po- lice and troop protection. P3 the Assoctated Press. CLEVELAND, Ohio, July 6.—Chio National Guardsmen, 1,500 strong, broke the siege of three strike-locked plants of the Republic Steel Corp. here today. With machine guns set up at the mill gates, the heavily armed Guards- men stood vigil while an estimated 3,000 workers, lunch pails on arms, went back to their jobs after 41 days of idleness. The back-to-work movement left independent steel producers in a posi- tion to claim that, with the exception of a few plants, all their mills were operating at least partially in deflance of John L. Lewis’ C. I. O. walkout. Few Pickets at Gates. Only a few pickets bawled raucous jeers at the men going back into the three plants—the big Corrigan-Mc- Kinney works, the Upson Nut division and the Trucson steel plant. The mills normally employ about 6,600 men. A fourth plant, Steel & Tube, sched- uled to reopen along with the others at 7 am, was kept shut for the time being. Republic officials gave the following (See STEEL, Page A-12.) Annapolis Wins Court Fight Buildi ilding Law State's voters in the November, 1938, election. Despite the petition, which met legal requirements to force the referendum, the Board of Public Works ordered $100,000 of the bonds sold on October 6. Judge Dickerson enjoined this ac- tion of the board, which appealed. David 8. Jekins, local publisher, joined in this appeal. The opinion took up the arguments of opponents of the bill that the title was defective and unconstitutional in that it committed the State to no definite expenditure—the title specify- ing that a sum not exceeding $1,000,- 000 should be appropriated. The court held the bill did not com- pel the expenditure of the full million dollars, but appropriated as much of that amount as might be deemed nec- essary. Relative to the question raised as to whether or not the bill was referable under the Constitution, the court held it was not in that it came within the clause exempting from referenda bills for maintaining the State government. n Fhoeni WITH SUNDAY MORNING EDITION D. C, TUESDAY, CAFE MEALS TAXED AT TWO PER CENT INREVISED PLAN Alcoholic Beverages, Candy, Suift Drinks Would Also be Levied Upon. REDRAFT EXEMPTS MEDICINE, CLOTHING Committee May Make Changes in These Provisions—Action Seen Soon. . BY J. A. O'LEARY. Meals served in restaurants, alco- holic beverages, soft drinks, candy and confectionery would be subject to the 2 per cent sales tax if the Senate Dis- trict Committee approves the tenta- tive redraft of the omnibus local tax bill, submitted to Chairman King by the legislative drafting experts today. Al medicines and clothing are ex- empt, but in regard to the exemption of food detailed definitions were writ- ten into the measure, specifying that the exemption would not apply to food consumed on the premises where it is prepared. These detailed provisions, however, still are subject to possible change when the committee is called together | by Chairman King, probably late to- day, to ratify the phraseology of the amended measure. Meanwhile, indications are that Senate consideration of the tax meas- ure cannot be sought before Thursday or Friday. And. with the Supreme | Court debate already under way, it | appears that action on the local reve- nue bill will have to depend on | whether unanimous consent can be | court issue. Even if such an agree- ment can be obtained a demand for | court bill back before | again if the tax bill leads | debate. the Senate to lengthy Exemptions Defined. | The general definition of food prod- | ucts exempt from the tax (when not consumed on the premises) includes | cereals and cereal products, milk and | milk products, oleomargarine, meat | and meat products, fish and fish prod- | ucts, sea food and sca food products, vegetable products, fruit and fruit | products, spices and salt, sugar and | sugar products other than candy and | confectionery, coffee and coffee substi- | tates, tea, cocoa and cocoa products. | The clothing exemption applies to | “wearing apparel for any part of the body.” The text also carries an all-inclusive exemption “of all medicine: In connection with the sales tax, the revised bill retains the $10 annual license fee for all business establish- ments, which was a part of the busi- ness privilege levy of ‘the House biil. The sales levy is described as a tax of 2 per cent of the gross receipts of retailers for the privilege of doing business. It directs that the tax shall | be collected by the retailer from the | consumer in so far as that can be | done, but there is another provision authorizing the Commissioners, if they see fit, to arrange for the collection of the tax by fixing canceling revenue stamps. Retailer’s Obligation. The bill makes it unlawful for any retailer to advertise or hold out to the public, directly or indirectly, that the tax or any part thereof will be as- sumed or absorbed by the retailer, selling price, or that it will be re- funded. Payment of the tax to the District is made a direct obligation of the re- tailer, who would have to file a monthly statement of his gross re- tax on the 15th day of each month on gross receipts for the previous month. In technical legislative language it is described &s a tax on the sale of tangible personal property, and “tan- gible personal property” is described as meaning “personal property which may be seen, weighed, measured, felt, touched or is in any other manner perceptible to the senses, and shall be taken to include also all sales of admissions to any place of amusement, including moving pictures, theaters, theatrical performances, shows, cir- cuses, athletic events, boxing and wrestling contests, concerts, amuse~ ment parks, piers, swimming pools, bathing establishments and fairs.” The annual $10 permit could be re- voked by the Commissioners on hear= ing for failure to comply with the pro- visions of the measure. The assessor is empowered to make an additional assessment of tax due if he is not satisfled with the return of a retailer. There also are penal- ties for failure to file returns. A borrowing provision permits the Commissioners to obtain money from the Federal Government until the end of the fiscal year. The committee may consider at to- day's meeting whether to apply the tax to small purchases, or to fix a sale price at which it would start, such as 10 or 25 cents. Discussion of the bill is expected to center around the increase of $1 per hundred in the tax on all land in the District, improved or unimproved, which was substituted for the House proposal to increase the regular tax rate from $1.50 to $1.70 on real estate as & whole, land and improvements. While the House plan would have taken $2,500,000 from property own- ers toward meeting the $7,000,000 deficit that faces the city, the Senate’s land tax will collect $4,800,000 from real estate, or a major part of the deficit. Senator King made known he will file a'minority report in opposition to the action of a majority of his com- mittee in attaching to the District tax bill the Tydings national resale price maintenance measure. This amend- ment likewise is expected to prolong debate on the tax bill. Although 8enator King also opposed substitution of the sales tax and land levy for other features of the House bill he does not plan to file & minority report on these :mendmenm‘ | obtained to temporarily lay aside the | the “regular order” would bring the | eggs and egg products, vegetables and | or that it will not be added to the | ceipts with the assessor and pay the | JULY ny Star 6, 1937—THIRTY-EIGHT PAGES. #%#% THIS MACHINE DOES NT SEEM TO Now Judge Holds Engineor,, Ex-Russian Noble, Has Free Choice. The unusual status of Prince Leonide Ourusoff, Washington socialite, who | was born a Russian nobleman and | is now a plain American citizen with | “Prince” as a first name, seems un- | likely to be disturbed by the courts, | This strange situation was disclosed | today, following an appeal Friday by officials of the Bureau of Immi- | gration and Naturalization to Justice | Joseph W. Cox of District Court for construction of the prohibition against | use of a foreign title by an American citizen | “There was no formal proceeding,” Justice Cox explained today. ‘“But I did tell them I saw no reason why a man could not take the name of ‘Prince’ or any other name he wanted.” Meanwhile, naturalization author- ities said they were undecided whether (See PRINCE, Page A-3) 10 FORD COMPANY Company as Wagner Act Hearing Opens. Br the Assoctated Press. DETROIT. July 6—An assault warrant naming 15 persons and the Ford Motor Co. as a corporation issued | from a one-man grand jury here to- day as the National Labor Relations Bogrd opened a hearing on its com- plaint that the company violated the | Wagner act. Common Pleas Judge Ralph W. Liddy, who conducted the grand jury investigation into the beating of United | Automobile Workers organizers at the | Ford Co.'s Dearborn plant May 26, | recommended the warrant, which charges assault with intent to do | great bodily harm, less than the crime | of murder. Everett Moore of the Ford service department which polices the plant, eight other Ford employes and six unidentified persons were named in the warrant. Heard Scores of Witnesses. Judge Liddy, whose inquiry con- tinued for several weeks, heard scores of witnesses testifying about the clash which occurred when union members and leaders attempted to distribute literature at the Ford plant. The grand jury inquiry had no con- nection with the National Labor Re- lations Board hearing. The Labor Board hearing adjourned at noon to permit certain witnesses and attor- neys to make an inspection of the scene of the May 26 disorder. At the brief session of the board hearing this morning the trial ex- aminer, John T. Lindsay, denied a motion by Ford attorneys to dismiss its complaint against the company, withheld a ruling on the petition of the Ford Brotherhood of America to intervene and ordered the taking of testimony to begin. Challenged Board's Jurisdiction. The dismissal motion challenged the board’s jurisdiction and asserted that the board in certain phases of its com- plaint had “invaded the rights of the State of Michigan,” because the com- pany was engaged in ‘“local produc- tion.” The question of whether the May 26 clash occurred on public or private property apparently will be the first disposed of. John K. Norton, a county highway engineer, the first witness, testified concerning the location of the highway line as it related to the Ford property. The Ford Co. has claimed the fight occurred on private property. Among the Ford employes named in Judge Liddy's warrant today were ‘Warshon Sarkisian, who has engaged in professional wrestling; Oscar Jones, colored, who was a professional boxer, and Theodore Gries, one-time wrestling referee. Meanwhile, Richard T. Franken- steen, organization director of the United Automobile Workers of Amer- ica, said today that a planned dis- tribution of union literature at the gates of the Ford plant tomorrow would not be held unless State police pro- “Prince,” First Name, Brings Puzzleto I mmigration Bureau I ASSAULT CHARGED {One-Man Grand Jury Cites’ | Horton Smith of Chicago today took GET ANYWHERE A‘DAYS”Y: g 2 EONIDE OURUSOFF. | —Underwood Photo. | SMITH'S SECOND 69 TAKES OPEN LEAD 4-Under-Par Total of 138 Tops Sarazen’s 141; Snead, | Nelson Tied at 142, | By the Associated Press. CARNOUSTIE, Scotland, July 6— Carving out his second straight 69, PRINCE L the lead in the 36-hole qualifying test for the British open golf champion- ship with a total score of 138, four strokes under par, After setting a course record by clipping two strokes off Carnoustie’'s par yesterday. Smith carved as many off standard figures for the adjoining Burnside course in his second round His qualifying score was three strokes better than that of Gene Sarazen, veteran internationalist. who tacked a par 71 for Carnoustie to his initial 70. Americans also held down the next two places, Byron Nelson and Sam Snead. both making their bows in this competition, being bracketed at 142. Snead had added a sub-par 70 at Carnoustie to his opening 72, while Nelson equaled Sarazen's even-par performance. Another shot back, at 143, came Alastair McLeod, tall Scottish ama- (See GOLF, Page A-5.) Summary of Amusements B-18 Comics _.B-16-17 Editorials .._A-10 Finance ..__A-17 Lost, Found.B-13 Obituary ..._A-12 NATIONAL. Long-awaited Senate battle on court plan gets under way. Page A-1 Ford company and 15 persons face assault charges. Page A-1 Sky flashes mislead Earhart search in Pacific. Page A-1 Three Cleveland steel mills reopen un- der guard of troops. Page A-1 Van Devanter says court will weather storm. Page A-2 Decision on congressional tax group’s action is postponed. Page A-2 Coast Guard headquarters on alert for Earhart signals. Page A-3 WASHINGTON AND VICINITY. “Prince” as first name causes State Department check-up. Page A-1 Jamboree Scouts await radio address from Baden-Powell. Page A-1 President returns to D. C.; views jam- boree tomorrow. Page A-1 Annapolis wins fight over office build- ing law. Page A-1 Holiday traffic and fireworks injure many, but none fatally. Page A-2 Revised “A. A. A, of 1937” due in Senate today. Page A-2 John R. Pinkett appointed to Board of Public Welfare. Page B-1 Bafe cracksmen take $1,000 from bev- erage company office. Page B-5 Ploneer-Boone groups honor Consti- tution. Page B-1 EDITORIALS AND COMMENT. Short Story__B-9 Society B-3 Woman's Pg.B-12 tection was afforded the union rep- resentatives. ‘ Editorials. Page A-10 This and That. Page A-10 Political Mill. Page A-10 : s" rsss ueis The only and Wire (Some. retu; () Means Associated Press. in Washington wit Associated Press News evening paper the Ea photo Services. Yesterday’s Circulation, 121,808 rns not yet received.) TWO CEXNTS. ot SCOUTS WILL HEAR ALK BY FOUNDER Address by Baden-Powell | to Be Delivered by Short- Wave Radio. Full page of jamboree news on Page A-6. Settling down to a week-day routine after a holiday of patriotic ceremonies, Jamboree Boy Scouts today awaited an | important radio message from Lord Baden-Powell, founder of Scouting, in London. Leslie C. Stratton, director of public relations at the jamboree. announced | that Baden-Powell, known as “Chief | Scout of the World,” has notified | Jamboree officials he will begin broad- casting the special message by short | wave radio at 6:45 pm., Eastern | standard time. N. B. C. to Pick-up Address, The National Broadcasting Co. im- mediately arranged to pick-up the address and rebroadcast it over a coast-to-coast network. At the same time, radio engineers at the jamboree prepared to connect the public address system at the jamboree arena so that all Scouts in the camp can hear the address from the famed “Father of Scouting.” The arena, at the foot of the Wash- ington Monument, along Constitution avenue, later this evening will be the scene of another of the series of pageants in the “Cavalcade of Scout- ing.” Tonight's show, starting at 8 o'cleck, will be presented by more than 4,000 Scouts from the Midwest, Sea Scouts at Annapolis. Sea Scouts were the guests today of naval officials at Annapolis. These salty jamboree campers staged a thrilling regatta yesterday off Hains Point. Meanwhile, the campers continued sightseeing activities at public build- ings here and at Mount Vernon. _ Threat on President Charged. BOSTON, July 6 (£).—A United States commissioner today held Mor- ton Wainwright of Winthrop, former deputy United States marshal in Seattle, Wash.. in $5.000 on a charge of sending threatening letters to President Roosevelt. Wainwright was | arrested last week by Secret Service agents. o Lindbergh Back in England. LYMPNE AIRDROME, England, July 6 (#).—Col. Charles A. Lind- bergh landed here this afternoon from France after four days of conferences on St. Gildas Island with the scientist Dr. Alexis Carrel. Today’s Star Stars, Men and Atoms Answers to Questions. David Lawrence H. R. Baukhage, Mark Sullivan, Jay Pranklin. Delia Pynchon. Page A-10 Page A-10 Page A-11 Page A-11 Page A-11 Page A-11 Page A-11 SPORTS. Dean flying here for all-star game; Weaver may pitch. Page A-1 Di Maggio rated American League dream game ace. Page A-14 Mack okays barring of fans from all- star selections. Page A-14 Bucky Harris welcomes rest until Fri- day for pitchers. Page A-14 Brescia slight ring choice over Tow tonight. Page A-15 “White Hope” outlook for boxing ap- pears drab. Page A-15 Yankee motors prove no match for foreign racing cars. Page A-15 Trio of local pros seek golf gold in Shawnee open. Page A-16 FINANCIAL. Railroad bonds climb (table). Trade shows vitality, D. C. deposits down. Stocks advance (table). Curb list higher (table). Oil output rises. MISCELLANY, Shipping News. Vital Statistics. Young Washington. City News in Brief. Dorothy Dix. Betsy Caswell. Nature's Children. Cross-word Puzle. Bedtime Stories. Letter-out. " A-17 A-17 A-18 A-18 A-19 A-19 Page B-2 Page B-2 Page B-2 Page B-2 Page B-12 Page B-12 Page B-16 Page B-16 Page B-17 Page B-17 COURT BILL FIGHT BLAZES IN SENATE AS ROBINSON FIRES OPENING BARRAGE Administration Wheels Up Heavy Debate Artillery to Force New Justices on Supreme Bench, STRATEGY IS SHIFTED WITH SUBSTITUTE BILL Democratic Leader Warns He In- tends to Keep Measure to Front Until Disposed Of, Filibuster or No Filibuster—Wants No Re- cess for Ball Game. BY G. GOULD LINCOLN. The lonz-waited battle over Presie dent Roosevelt's plan to increase the membership of the Supreme GCourt was precipitated in the Senate today. Senator Robinson of Arkansas, the Democratic leader, moved soon after the Senate met to take up the court bill. His motion was agreed to without a roll call. No effort was made on the part of the opposition to block the motion, although a few faint “noes” were heard when the question was put by Senator Pittman of Nevada, President Pro Tempore of the Senate, Immediately after the Senate had agreed to take up the court bill, Sen- ator Robinson offered the so-called Logan-Hatch compromise as a sube stitute for the original measure. After the substitute was read he launched into a defense of the proposed legis= lation. Earlier Senator Robinson had given notice that he intended to keep the court bill before the Senate, filibuster or no filibuster, until it was dise posed of. Wheeler at White House. Senator Wheeler of Montana, a leader in the opposition to the court plan, meanwhile talked with Presi- dent Roosevelt for more than an hour and a half at the White House. He left saying he was just as strongly as ever opposed to the original court plan or any compromise meaning an increase in the number of judges on the Supreme Court. Wheeler also said today's confer- | ence would have no effect on the | parliamentary situation in the Senate on the court plan. Senator Bone of Washington, who | has been 100 per cent in favor of the President's court enlargement plan, was with Senator Wheeler during the latter’s talk with the President. In opening debate in the Senate, Robinson said the Federal statutes have recognized the need of having Jjudges who are physically and mentally | fit to perform their duties. | Retirement Laws Explained, A law was passed long ago, he said, permitting the retirement at 70 years of age of Federal judges of all the courts except the Supreme Court, During the present session of Con= |gress a law has been enacted per mitting the retirement of Suprema Court justices at 70 years of age or over. This policy has had the approval, Robinson said, of the general public. “It also has been advocated,” said Robinson, “by members of the Su- preme Court, who have not been able to apply to themselves the theory they have sought to apply to other Jjudges.” Robinson explained the provisions | of the compromise substitute, pointing | out that the President would have au- | thority to appoint one additional asso- |clate justice during each calendar | year when members of the bench failed to retire at the age of 75, Constitution Amendment Opposed. “It has been said that this legisla- tion disregards the spirit of the Con- stitution and tends to give the Presi- dent dictatorial powers,” said Robin- son. “Later, during the debate that is to follow. T may have opportunity to refute those arguments. During the course of the long controversy over this legislation, Senators who oppose this bill have offered constitutional amendments to carry out the very same purpose. No reason can justly be assigned for going through a long and complicated procedure, required by constitutional amendment, if the same purpose can be accomplished by legislation, providing the leg:<lation is within the Constitution. No serious doubt has been expressed by any one that this legislation is constitutional.” Senator Robinson's motion to take up the court bill was made soon after the Senate met. Immediately Sen- ator McNary of Oregon, Republican leader, propounded several questions regarding procedure. He asked if it was Robinson's purpose to lay the court bill aside from time to time to consider other bills, particularly of an emergency nature. Robinson replied that when the court bill had been made the un- finished business of the Senate he in- tended to keep it there as the unfin ished business and not to permit other legislation to come up. Senator McNary asked if it was Rob- inson’s intention to ask that the Sen- ate sit tomorrow, when the all-star base ball game is to be played here, In measured accents Senator Robin- son answered: “It is my intention to ask the Sen< ate to sit tomorrow. There is no Justification in my opinion for taking a recess because there is to be a basa ball game here, particularly in view of the business situation in the Sene ate. Of course, Senators may go to the ball game if they wish. But they may be sent for If they are needed. We have been at leisure for a long time, while the standing committees have been at work on legislation. But considering the advanced stage of the present session and in view of f{he fact that it has been heralded throughout the Nation that the op- ponents of this bill intend to obstruct 8 vote, it is my intention to keep this bill before the Senate until it is dis< posed of "