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WEATHER. (U. 8. Weather Bureau Forecast.) Generally fair tonight and tomorrow, except possibly a thundershower late this afternoon or early tonight; little change in temperature. Temperatures today— Highest, 9312, at 1 p.m.; lowest, 78, at 5:: am. Full report on Page A-11, Closing N.Y. Markets—Sales—Page 12 85th YEAR. No. JAPANESE MOVING MANCHURIA ARMY INTO NORTH CHINA Ten Trainloads of Regulars Reported to Have Left Mukden. WAR PREPARATION MADE, SAYS CHINESE OFFICIAL Outlook More Ominous Than at| Any Time Since 1933—Vio- lation of Truce Charged. BACKGROUND— Sino-Japanese relations since truce of 1933, which marked close of Manchuria invasion, character- ized by growing Japanese pene- tration of North China, politically and economically. Tokio was in- strumental in establishing semi- autonomous Hopei-Chahar political council. Latest crisis followed clash Wed- nesday of Japanese troops, manei= vering near bridge over the Yung- ting River, and Chinese of the 29th Army. Truce reached yesterday called for mutual withdrawal of troops. By the Associated Press. PEIPING, July 10.—High Chinese officials declared tonight that Japan | has begun moving a portion of her| powerful Manchurian Army toward | the North China trouble zone. They said 10 trainloads of Japanese regular troops had left Mukden and two al- ready had passed the Great Wall at Shanhaikwan Heavy fighting was resumed this afternoon in the area 10 miles west of Peiping, where Japanese and Chinese forces had been facing each other across the Yungting River. 34,038, Entered as second class matter post office, Washington, D. C. ch WASHINGTON, Phantom Golfer Held as Bandit; Feats Amazing Filmland’s Wizard of Fairways Faces New York Trial. Fy the Associated Press. LOS ANGELES, July 10.—Film- land's “phantom of the fairway his mask of mystery stripped away, ruefully pondered “one foolish mis- take” today while he waited in & jail cell for New York authorities to serve JOHN MONTAGUE extradition papers to take him back East for trial as a bandit. District Attorney Thomas W. Mac- | Donald of Essex County, N. Y. an-| nounced there that he would push proceedings to extradite John Monta- | gue, called the mystery man of golf, | on charges he participated in a road- house hold-up near Jay, N. Y., in Chinese officials declared the Jap- anese had attacked the walled village | of Wanpinghsien about 5:30 pm. By a truce agreement, vesterday both sides withdrew from that village. Troops Return to Village. ‘The Chinese said troops of their 29th army, which had evacuated the village yesterday. returned by cross- ing Marco Poio Bridge when they saw the Japanese attacking. At Shanhaikwan the trains pass nto Chinese territory. Other Chinese reports said troops of Japan's Manchurian garrison were pouring through all nine passes of the Great Wall into Northern Hopei Pro- | vince, above Peiping and Tientsin, Officials Publish Reports. These reports were made public by officials of the Hopei-Chahar Political Council, highest Chinese authority in North China. (Japan maintains a garrison of between 100.000 and 125.000 men in Manchukuo, her protectorate, known as the Kwantung Army. Hitherto this has not been in- volved in the fighting near Peiping, Wwhich has been confined to Japan's North China garrison, totalling about 7,000 men.) The reported movement from Man- churia made the outlook more ominous than at any time since 1933, when the Kwantung Army swept into North China almost to the walls of Peiping. The Hopei-Chahar Council declared Japanese troops already in this area had moved back to the Marco Polo Bridge-Wanpinghsien district. 10 miles west of Peiping, scene of recent con- flict, and fighting had been resumed. The Chinese declared the Japanese had broken the truce agreement reached yesterday and were encircling ‘Wanpinghsien, held by Chinese, from the east. | “‘We are preparing for war,” said one ‘ Chinese official, “for the Japanese have broken their promise to withdraw from Wanpinghsien and instead have returned their forces there.” The original conflict began about 11 pm. Wednesday, when Japanese in- fantry, in night maneuvers near Marco Polo Bridge over the Yungting River, clashed with Chinese belonging to the 29th Army. Each side blamed the other for firing first. After two days of intermittent fight- | ing, an agreement for mutual with- | drawal was reached Friday and par- | tially carried out. Tonight Chinese forces in the Pei- ping area, where Gen. Sung Cheh- | yuan, chairman of the Hopei-Chahar | Council, is in command, were being | mobilized. No Trains Leave Peiping. No trains left Peiping today. It| was doubtful whether the daily ex- press from Mukden would arrive. It uses the same line over which Jap- anese troops are reported pouring southwestward from Mukden into China. Martial law was ordered again for Peiping tonight. All gates in the massive walls were barred. Even the great Chien Men (gate) in the Tar- | tar Wall, which divides the city in two, near the American Embassy was elosed. This is done only in case of great emergency. Today’s fighting along the Yungting broke out about 3 pm. Gunfire was heard in Peiping, but was of short duration, Arrive at Shanhaikwan. ‘TIENTSIN, July 10 (#).—Six trains earrying Japanese troops from Man- chukuo arrived tonight at Shanhai- kwan, on the China-Manchukus frontier. The troops detrained and went into temporary barracks at Shanhaikwan, where the Great Wall of China runs down to the sea. Ordinary railway service northeast of Tientsin—toward Shanhaikwan and Mukden—has ceased. Railway and telephone communication between here and Peiping has been severed. Asks Relief Aid. Senator Schwellenbach, Democrat, of Washington, asked Congress yes= terday to direct the W. P. A. to re- tain on the relief rolls every one unable to find private employment at *“the prevailing rate of wages for which he or&he is reasonably fitted by train- D€ or experience.” A | to the liner to continue to Genoa. 1930. The warrant charged that Monta- | gue, who police said admitted his real | Portugal does. Montague, shown as he was booked at the Los Angeles County Jail. —Copyright, A. P. Wirephoto. | international control of the Franco- | neutrality name was La Verne Moore, and two other men held up patrons and pro—i prictors of the roadhouse, slugged | one and escaped with $700. Two of the gunmen were captured, MacDonald said. One, William Carle- ton, is serving a 15-year-term; the other, Roger Norton, served a 2-to-4- year ter Montague, as he is known here, broke the mystery bubble surround- ing his name for the past three years | when he said: “I made one foolish mistake when I was just a I got into a tough gang and went wrong. I've been try-| ing to live it down ever since.” Meekly he posed for photographers, Who for the past year have yearned for his picture, but feared for their safety if they shot one. Yet the soft- spoken Moniague never used’ violence in the past in dissuading them. He merely grabbed the plates, destroyed them—and then paid the cameramen for their loss. Montague’s legion of friends in the film colony greeted news of his arrest Wwith silence. He was as much a mys- (See GOLFER, Page A-3.) PRESIDENT’S MOTHER IS CHEERED IN ITALY Crowd in Naples Gives Her En- thusiastic Welcome on Ar- rival for Vacation. By the Assoclated Press. NAPLES, July 10—Mrs. Sara Del- ano Roosevelt, mother of the United States President, received an enthu- siastic welcome from a Neapolitan crowd here today, upon her arrival aboard the Conte di Savola for a European vacation. Mrs. Roosevelt and her grandson John stepped ashore to pose for photo- graphs, applauded by the crowd, and to meet William Phillips, American Ambassador to Rome, and Mrs. Phillips. They drove her on an afternoon tour of the city, whence she returned John motored on to Rome to visit for several days. Crash Kills Child, Hurts 20. HAMMONTON, N. J,, July 10 (#).— A five-months-old boy was killed and 20 persons injured, many of them seriously, when a Public Service bus collided with a car on the White Horse pike late last night near here. The child was Frank Borish, jr., son 1 hound. | night to weigh his choice between his | wife and the dog. of Mr. and Mrs. .Frank Borish of Stratford, N. J, ‘ PARIS THREATENS 0 END PATROL OF SPANISH FRONTIER Powers’ Control Will Cease Unless Portuguese Re- store System. VOLUNTEERS AND ARMS STILL BARRED, HOWEVER France to Replace International Observers Tuesday, London Envoy Tells Committee. BACKGROUND— Spanish civil war presented European powers with crisis in support of Fascist and democratic governments for rebels and loyal- ists, respectively, and presence of large quantities of foreigr volun- teers and arms in Spain. Non - Intervention Committee formed last September, put into effect international control this Spring to prevent shipment of re- enforcements into the country, but alleged submarine attack on Ger- man cruiser Deutschland impelled the Reich and Italy to quit the patrol. By the Assoclated Press PARIS, July 10.—The French gov- ernment officially declared today that Spanish frontier barring soldiers and | arms from Spain would be suspended Tuesday unless similar control were re-established on Portugal’s Spanish | border. Officials said the Franco-Spanish border still would remain closed to foreign voluntcers and to munitions shipments, but that France alone in- stead of foreign observers would do the control work. | France, these officials asserted, will continue such a system as long as The Non-intervention Committee’s patrol in France went | into effect late in March. Portugal's frontier, where facilities | for control observers were suspended | several days ago, adjoins territory now controlled by the Spanish insurgent chieftain, Francisco Franco. Portugal's suspension followed with- drawal of Italy and Germany from naval patrol of the Valencia govern- ment’s coastline—a move which | threw London neutrality negotiations into a deadlock. Corbin Carries Decision. | The foreign office announced that Charles Corbin, French Ambassador | to London, had informed the Non- Intervention Committee of the de- | cision to lift the patrol. Officials said, however, that France | would continue to observe the Spanish | border patrol if the Portuguese- | Spanish frontier guard were re-estab- lished before Tuesday. NEUTRALITY UP TO BRITAIN. Eden Seeks Reconciliation of Dispute Over Spain. | LONDON, July 10 ().—The Spanish question, a fretful baby | whom the 26 other non-interventionist | (See PARIS, Page A-3) MAN PREFERS HIS DOG, WIFE GETS SEPARATION | B. the Assocfated Press. LONDON, July 10.—William Frank James of Fulham, South London, used to have a wife and a racing grey- | Today he has a racing greyhound. Mrs. James told a magistrate her | husband gambled and spent consider- able time at dog tracks. “If he gave up his dog 1t might keep him away from racing,” she | sobbed. The magistrate gave James a fort- Yesterday he announced he would stick by the dog. A separation order | was granted and James told to pay | his wife $6 a week. Page. | -B-2 | Obituary ! FOREIGN. Japan reported sending Manchuria army to China. Page A-1 NATIONAL. Mystery golfer faces extradition for trial as bandit. Page A-1 Court bill opponents continue attack in Saturday session. Page A-1 New monetary agreement with China put into operation. Page A-2 Optimistic forecast made by Crop Re- porting Board. Page A-3 Institute of Public Affairs given for- mula for peace. Page A-11 WASHINGTON AND VICINITY. Rickenbacker urges expansion for A-1 ‘Washington airport. Page A-1 Thousands flee city as forecaster sees no relief from heat. Page A-1 Laundry owners deny charge of “stall- ing” strikers. Page A-2 Chinese Nationalists urge immediate war on Japan. Page. A-2 President spends week end at work on Chesapeake Bay cruise. Page A-2 Man finds Government pouch, but “tough luck” holds. Page A-3 3,000 loyalists are killed, insurgents claim. Page A-3 Roosevelt commends Maj. Brown for Boys’ Club work. Page A-3 Rayon Corp. charges 160 violated D. | possibility—that | She said she saw few manifestations picketing injunction. Page A-4 Charles A. Russell, former F. P. O. solicitor, dies, Juee A8 ¢ Foenir WITH SUNDAY MORNING EDITION C., SATURDAY, JULY 10} LooKS LIKET FARLEY FELLOWS AND HARRY HOPKINS PUMPED IT DRY! Thousands Flee City Heat; Hope for Relief Here Scant| 'Bare Possibility of Thunderstorm Late Today Only Chance—Capital Spends Hottest Night of Year. A wholesale exodus from Washml-l | ton was under way today as thousands | fled to mountain and seaside resorts to escape a week end of blistering Weather from which there is, accord- | ing to the Weather Bureau, no sign | of relief. | Blazing fiercely from a cloudless sky, the sun today may send the tem- | | perature soaring above the season’s | high marks established in the last two days, the Weather Bureau said. | Only relief to be hoped for is the temporary lull in the heat which | would follow a driving thundersturm. | There is a possibility—but only & bare | such a storm may strike the city this afternoon. Tre entire Nation east of the Temperatures, Midnight Rocky Mountains is in the grip of the heat wave. Last nigh! (See W1 s the hottest night THER, Page A-3) Mrs. Roosevelt Hopes President Won’t Runin’40 She Sees Little Activ- ity of Communists in Labor World. By the Associated Press. HYDE PARK, N. Y., July 10.—Mrs. Franklin D. Roosevelt hopes her hus- band will not seek a third term as President of the United States So she told the Franklin D. Roose- velt Home Town Club, which she addressed here last night. ® “I hope not,” was Mrs. Roosevelt's emphatic reply, when one of the home-towners asked during a ques- tion-and-answer session if she be- lieved the President would be a candi- date for re-election. Mrs. Roosevelt discussed the labor situation in the Nation at some length. of a trend toward Communism in labor developments. “In all unions, in all American labor the percentage of communistic ac- tivity, I believe, is small,” she de- clared. She praised the work of the Re- settlement Administration, and said she was “not one bit ashamed of the money that has been spent.” Boy Scouts leaving city as jamboree ends, Page A-14 Palmisano explains plans for D. C. legislation. Page A-14 D. C. borrowing bill may be asked as stop gap. Page A-14 Youth fatally shot as friend examines .22-caliber rifle. Page A-14 U. F. W. aims to give unorganized U. S. workers voice. Page A-14 Channel water front improvement plans hit snag. Page A-14 SPORTS. Nationals’' feuds help to fatten club’s coffers. Page C-9 Laziness wins job for Grissom, Reds’ ace rookie. Page . C-9 Farr, British ring champ, rated easy for Louis. Page C-10 Four-foot putt hailed as deadliest golf shot. Page C-10 Cotton, British open victor, one of golfdom’s greatest. Page C-10 EDITORIAL AND COMMENT. Editorials. Page This and That. Page Stars, Men and Atoms. Page Answers to Questions. Page David Lawrence, Page H. R. Baukhage. Page Mark Sullivan. Page Jay Franklin. Page Lemuel F. Parton. Page MISCELLANY. Traffic Convictions. Service Orders. Shipping News. Vital Statistics. Young Washington. Nature's Children. Cross-word Puzzle. 4 dddddddd GAdbbaaan Page Page Page Page TENSION LESSENS IN STRIKE ZONES Charges Continue as Troops Withdraw—cC. I. 0. Denies Defeat or Blunders. BACKGROUND— Like white-hot metal, steel crisis cools slowly , with independants adamant against signing C. I. O. contracts and S. W. O. C. insisting strikes will continue with unabated force on the seven-State front. Bt the Assoclated Press, CLEVELAND, July 10.—Charges and counter-charges reverberated through the steel strike zones today as with- drawal of troops gave indications of lessening tension on the Ohio sector. Some 300 National Guardsmen moved out of Akron, Ohio, as quietly as they had entered last Monday. The move was not announced officially, but an official said he did not believe replacements were planned. Earlier troop forces had been re- duced at Canton, Warren and Youngs- town. Guardsmen moved out of the strike centers were sent either to Cleveland, home of many of them, or to Camp Perry for training periods. ‘There has been no strike at Akron, but military officials said the men were held there because of its prox- imity to steel trouble spots. : Aroused spokesmen of the Committee for Industrial Organization and its affiliate, the Steel Workers' Organizing Committee, replied with stinging phrases to William Green, president of the American Federation of Labor, who said in Washington Thursday that “stupid blunders” by the C. I O. leadership had “lost” the steel strikes. John L. Lewis, C. I. O. chairman, termed Green's statement “droolings from the pallid lips of a traitor.” Philip Murray, chairman of the 8. W. 0. C, said at Pittsburgh that Green's criticism was “misleading, insipid, weak and vacillating.” “The morale of the strikers is ex- cellent,” Murray asserted. Charles P. Howard, president of the International Typographical Union and secretary of the C. I. O, at In- dianapolis described Green as having the “same form of dementia at Hit- ler.” John Owens, C..I. O. director in Ohio, told a Cleveland mass meeting last night that less than 35 per cent of Republic Steel’s employes were back in the mills. He characterized Tom Girdler, Republic chairman, as “the biggest anarchist that ever was on the American continent.” The steel strike was quiet on the entire seven-State front. A ‘“new strike” call to returned workers in Republic’s Youngstown, Ohio, mill went unanswered. Republic officials said none left the plant. ‘The leader of an independent union among Youngstown Sheet & Tube Co. workers in Northwestern Indiana, where 7,000 are idle, said the plants would be reopened soon. Union offi- cials said they would oppose such a move. The S. W. O. C. at Washington Bedtime Story. Letter-Out. Dorothy Dix. asked the National Labor Relations Board to review its charge of un- SaSmans NN SN ! ington Airport, fair labor practices against Sheet & Tube. ‘ o Star | 1937—THIRTY-EIGHT PAGES. % D (RGES EXPANSION OF LOCAL AIRPORT Rickenbacker Says A-1 Field Possible by Enlarge- ment. BULLETIN. The long-awaited report of the District Airport Commission, recom- mending the site for a new land- ing field, was filed with Senator Pittman, Democrat, of Nevada, President pro tem of the Senate, at 12:15 p.m. today. The contents remained secret pending considera- tion of the report by the Senate. An appeal for enlargement of Wash- condemned by the National Airline Pilots’ Association in an ultimatum to the Bureau of Air| Commerce Thursday, was made today by Capt. Edward V. Rickenbacker, gen- eral manager of Eastern Airlines, who said the airport can be made ade- quate for present needs. At the same time a spirited defense was made by Samuel J. Solomon, gen- eral manager of the airport, who de- clared “the perfect safety record” of the airport “cannot be improved upon.” Meanwhile, investigation of the air- port situation from the standpoint of the effect of the alleged hazards on airline insurance rates, has been or- dered by the Associated Aviation Un- derwriters, with headquarters in New York. it was reported here. Adkins & Ainsley, Inc., local avia- tion insurance firm, said the pro sosed investigation probably will be handled by fleld men from New York. The local firm has not been advised of the nature or scope of the inquiry. It was regarded as unlikely today that the Washington Airport Com- mission will file its recommendations in the airport matter with the Vice President and Speaker before Monday. Air Bureau Defers Action. The Bureau of Air Commerce also is expected to defer until next week action on the request of the Airline Pilots’ Association that Washington Airport be rated as only a two-way field and confined to emergency opera- tions alone. “The controversy between the Air- line Pilots’ Association and the De- partment of Commerce with reference to the condition and safety of the | Washington Airport is not news” Rickenbacker said, in a telegram to The Star today. “It has been known for several years past that this is not an A-1 airport by the pilots, De- | partment of Commerce officials and Eastern Airlines management. “It has been a hard and fast rule of Eastern Airlines that under no circumstances are any of our pilots permitted to be dispatched in or out of Washington Airport unless the Department of Commerce regulations can be observed as well as company rules, Further, should the weather change for the worse while our pilots are en route to Washington, it has been left to their discretion to refuse to land, as they have consistently done and were ordered to do many times in the last several years when weather was bad. “It is regrettable that the Nation's The only evening paper in Washington with the Associated Press News and Wirephoto Services. (See AIRPORT, Page A-3.) Yesterday’s Circulation, 136,446 (Some returns not yet received.) (P) Means Associated Press. TWO CENTS. EARHART HOPES REST ON SEARCH BY PLANES TODAY Diminishing Chances Aviatrix Hang on Phoenix Hunt. of ONE ISLAND REPORTS IT HAS HEARD NOTHING U. S. S. Lexington Quits Hawaii on Run to Area—Experts Grow Pessimistic. Bs the Associated Press. HONOLULU, July 10.—Three Navy planes were ordered catapulted over the major group of the Phoenix Islands today in a search which naval officers said would probably reveal whether Amelia Earhart is still alive. The battleship Colorado's searching planes, shooting into the air at 12:30 | pm., Eastern standard time, were di- | recetd to sweep over Enderbury, Phoe- nix, Birnie and Sydney Islands. Shore patrols from the minesweeper | Swan were ordered to comb Canton, | largest of the Phoenix islands, while | the planes scout other possible refuges | of Miss Earhart and Fred Noonan, navigator of her round-the-world plane, missing eight days. Refueling Rendezvous Set. The two ships set a rendezvous 15 miles south of Canton at 4:30 pm, | | Eastern standard time, to refuel the | | minesweeper. The Colorado’s planes | may then survey Canton from the air. | If these searchers do not reveal trace | of the missing aviators, naval officers sald there was scant hope of their being found in the projected search by 62 planes from the aircraft carrier Lexington, now speeding toward tropic waters from Hawail. The Colorado steamed north today. | The Coast Guard cutter Itasca con- tinued parallel to the Equator in a methodical search southward. | These three vessels and three planes already in the search have covered an area estimated at more than 140,000 square miles since the aviatrix van- ished near Howland Island July 2 on| a flight there from New Guinea. Hull Island Heard Nothing. Yesterday a plane from the battle- | ship Colorado alighted in a lagoon at | Hull Island, southernmost of the| | Phoenix group, and the crew asked inhabitants if they saw or heard a plane about the time Miss Earhart broadcast her fuel was nearly gone and she could not sight land. The handful of whites and natives could give no help. Lieut. J. O. Lambacht. who piloted the plane, said he got “The impres- sion they do not know who Miss Ear- hart is.” Some of the 200 natives on the is- land paddled a British resident out to the plane, Lieut. Lambecht said. The white man reported there was a small | |radio on the island, but no one had | seen or heard the Earhart plane. | The island’s inhabitants are much | like castaways, gathering guano and preparing copra. They live in grass huts. Wide Hunt Yet to Be Made. | Rear Admiral O. G. Murfin, direct- | ing the hunt from here, said an area of about 265,000 square miles stretch- | ing in every direction from the barren | sandspit Miss Earhart missed on her round-the-world flight would be cov- ered before the search is called off. | Refueled at nearby Lahaina after | & dash from San Diego, the Lexington left here yesterday at 3:25 pm. (8:55 p.m., Eastern standard time) for the | 1,500-mile sprint to Howland. | Naval officials here said they had | received no orders concerning the end | of the hunt, and it was not an- nounced how long the Lexington would remain along the Equator. While naval officials publicly ex- pressed hope the missing pair would be found, many privately conceded their chances of rescue were practically non-existent, because a minute search of sea and land within hundreds of miles of Howland has netted not a clue. Kingsford-Smith Aide Pessimistic. Another somber note was struck by Lieut. Comdr. Harry W. Lyon, former navigator for the missing Australian Capt. Charles Kingsford-Smith, who said he saw no hope. He is familiar with large areas of the Pacific and once navigated Kingsford-Smith's plane over Howland and the Phoenix | Islands. | Two Representatives in Congress yes- terday respectively criticized the flight | and the Navy's conduct of the search. - Col. Wentworth Dies. NEWBURYPORT, Mass, July 10 (#).—Col. Charles Sumner Wentworth, 64, of Stoughton, military commander of Coblenz, Germany, with the Army of Occupation, died in a hospital today after an appendicitis operation. Taxi Driver Captures Suspect Before Police Learn of Hold-Up (Picture on Page A-2.) With his 6-year-old daughter as an excited spectator, Robert Lee Huff- man, 43-year-old taxicab driver, today caught a colored bandit suspect and turned him over to police before the officers even knew a crime had been committed. Huffman, after he had boxed the colored suspect in an alley with his taxicab, was assisted in making the capture by an unidentified white man, Accompanied by his daughter, Dora Mae, Huffman left his home, at 1121 Fourth street southwest, to drive to a nearby bakery to get some rolls for breakfast. As he was crossing the intersection of Seventh and F streets he noticed a colored man running into an alley. A bystander told him the Howard Cleaners & Dyers establish- ment, at Seventh and G streets, had just been robbed, and Huffman de- cided to ehase the fleeing man. With one lm‘on the horn button and the other on the steering wheel, the cab driver raced through the alley. The colored man turned into another alley and Huffman cornered him there, boxing him in with the cab. Jumping out, he was joined by another man, who tripped the sus- pect, and together they overpowered him and took him in the taxicab to No. 4 precinct. The robbery of the cleaning establishment had not yet been reported. Huffman said the colored man had ya paper bag containing $19—the amount taken in the robbery—in his hand, but had thrown away a pistol during the chase. » Police booked the colored man as James Tyler, 20, but placed no charge against him. A few minutes later they arrested a 14-year-old colored boy, and held him for investigation in connection with the hold-up. Huffman said he has been driving & taxicab for 14 years, but has never been held up‘umelg. OPPOSITION GAINS 403 EDGE IN RACE FOR COURT VOTES 79 Senators Now Publicly Committed on Measure. Attack Continues. FOES OF BILL CLAIM AT LEAST 44 PLEDGES McCarran Takes Floor in Assault on Plan—Roberts Is Called Turncoat. BACKGROUND— Their case weakened by favor- able decisions and the retirement of Justice Van Devanter, supporters of President Roosevell’s plan to “liberalize” the Supreme Court by appointing immediately additional justices for all members of the court over 76 have given up hope of getting the measure through the Senate. In its stead they have pro- posed bill permitting appointment of one justice a year Yor each mem= ber over 75 who remains on bench. This measure is now being debated on Senate floor. BULLETIN. Senator McCarran, Democrat, of hallenged the Democratic today to throw him out party for opposing the C g on the opposition attack against the compromise measure, McCarran said he did not believe such a step was the i of those in charge of the legislat. but if it was, he would “rather go down" than re- turn to the Senate. By the Associated Press. Opponents of the Roosevelt court bill held a slim margin today in & neck-and-neck race for publicly come mitted Senate votes. Forty Senators have announced they will fight the administration comproe mise: 39 openly nave pledged support, This left the balance of power at the close of the first week's debats vith 17 Senators. Some of these have stated their views privately, and some have told no one how they will vote. Opposition leaders said they had & minimum of 44 votes pledged. If the administration gathered all the rest, it would have 52. Some friends of the bill asserted they had 54 votes lined up, but others said the figure was closer to 50. If all Sen- ators answer the roll call, it will take 49 votes to pass the bill. Senator McCarran, Democrat, of Nevada, counted as doubtful for months on the original bill, obtained the floor today to carry on the oppos sition’s attack. A Saturday session, forced by administration leaders to speed up a vote, was unusual. Just before the Senate quit late yes~ terday, Senator Minton, Democrat, of Indiana charged that Supreme Court Justice Roberts changed his views on minimum wage laws after listening “to the political voice” of Chief Justice Hughes. Minton, supporting the administra= tion bill, pointed out that the court ruled adversely on a New York mini- mum wage case last year. but upheld a Washington State case this year. The difference, he declared, was not caused by any change in the Consti- tution, “but only because a judge had changed his mind.” He spoke after Senator Wheeler, Democrat, of Montana, first opposition orator, declared the Roosevelt admin- istration had been intolerant and was using “cheap tactics” in its campaign for the court bill. A Popular Attraction. “Every one who disagreed,” he said, “was an economic royalist who had sold out to Wall Street.” Wheeler contended the bill amount ed to an attempt to change the Con- stitution by selecting additional juse tices who would favor new interpreta- tions of the document. “You can't set up a dictatorship in this country if you maintain the Con= stitution,” he said The debate was attracting huge crowds. Many stood in long lines outside the gallery doors despite the oppressive Midsummer heat. Most Senators stayed in their scats instead of congregating in cloak rooms or working in their offices. Here is the Senate line-up at the end of the first week: Senators who have spoken publicly for the original bill or the compromise 39): The Line-ups. Democrats—Ashurst, Barkley, Berry, Bilbo, Black, Brown of Michigan, Bulkley, Byrnes, Chevez, Dietrich, El- lender, Green, Guffey, Harrison, Hatch, Hayden, Herring, Hitchcock, Hughes, Lee, Logan, McAdoo, McGill, McKellar, Minton, Neely, Pittman, Pope, Reynolds, Robinson, Schwartz, Schwellenbach, Sheppard, Smathers, Thomas of Oklahoma, Thomas of Utah, and Truman. Independent—Norris. Progressive—La Follette, Senators who have publicly voiced opposition (40): Democrats—Bailey, Bankhead, Burke, Byrd, Clark, Connally, Copeland, Donahey, George, Gerry, Gillette, Glass, Holt, King, Lonergan, Mc- Carran, Moore, O'Mahoney, Smith, Tydings, Van Nuys, Walsh and Wheeler. Republicans—Austin, Borah, Bridges, Capper, Davis, Frazier, Gibson, Hale, Johnson of California, Lodge, McNary, Nye, Steiwer, Townsend, Vandenberg and White. Farmer-Laborite—Shipstead. The 17 Senators still publicly une committed on the compromise: Adams, Andrews, Bone, Brown of New Hampshire; Bulow, Caraway, Duffy, Johnson of Colorado, Lewis, Lundeen, Maloney, Murray, Overton, Pepper, Radcliffe, Russell and Wagner, Meanwhile, the House, with com= paratively little business to do until the Senate ends debate on the court bill and thus releases a log-jam of legislation, heard welcome tidings thad it may get a two-week vacation from wuhmgwn'i heat.