Evening Star Newspaper, July 19, 1937, Page 3

COURTFCHTSEEN APPOINTHMENT BAR Roosevelt Believed Waiting End of Dispute Before Naming Justice. By the Assoctated Press Some legislators expressed the be- Hef today President Roosevelt wants to await disposition of the court bill controversy before appointing a suc- cessor to Supreme Court Justice Van Devanter. If Congress should adjourn shortly After the court fight ends or is put aside, they pointed out, Senate con- fArmation might be held up. Not every confirmation is voted Quickly. President Wilson submitted the name of Louis Brandeis on January 88, 1916, but it was not confirmed entil June 1. A recess appointment after adjourn- tent of Congress is not without prece- lent, but observers said it might be mnbarrassing if the Senate later re- fused to approve the nominee. John Rutledge was appointed Chief Pustice by George Washington in 1795. He sat through the August term. In december the Senate turned him down. Constitution Provision. ‘The Constitution ,provides that the President “shall have the power to fill 1p all vacancies that may happen luring the recess of the Senate, by ranting commissions which shall ex dire at the end of their next session. Some authorities have contended this provision means that if the vacancy ocgurs while the Senate is in session—as. was true in the case of Justice Van Devanter—a recess ap- pointment after adjournment is not possible. Justice Woods in 1880, however, ruled that ‘“vacancies which may happen during the recess of the Senate” are equivalent to ‘‘vacancies which may happen to exist duririg the recess.” Under this interpretation, the ap- yointment of a successor to Justice Van Devanter after adjournment would come under constitutional pro- visions relative to recess appointments. The commission would expire at the end of the Seventy-fifth Congress next vear unless a new appointment of the same person was confirmed. Robinson Naming Was Expected. Many persons in Washington hold | the opirion that Mr. Roosevelt in- | tended to appoint the late Senator | Robinson of Arkansas to the vacan Senate confirmation probably would | have been speedy, for most of Robin- son's colleagues had urged his selec- tion. Among those whose names fre- | quently have been mentioned in con- | nection with an appointment to the high court are Attorney General Cum- mings, Solicitor General Stanley Reed, Chairman James M. Landis of the Becurities Exchange Commission, Gov. Frank Murphy of Michigan, Justin Miller of the Board of Tax Appeals, Bupreme Court Justice Ferdinand Pecora of New York, Judge Learned Hand of the Second Circuit Court of Appeals and Samuel Rosenman of New York. FILM EXTRAS ARE HELD AFTER DEATH OF WOMAN By the Associated Press. LOS ANGELES, July 19.—An au- Yopsy was ordered today on Mrs. Dor- othy May Garland. 31, former deputy | city prosecutor, while police held lWO} film extras in connection with her death. Arrest of Miss Kay Tutwiler, 29, on suspicion of murder and detention of Luther Allen, 32, as a material wit- ness resulted from a report by Mrs. Garland's physician. Dr. Wendell W. Starr told detec- tives he had been treating her for alcoholism and last Wednesday, on a professional visit to her home, saw her thrown to the floor and kicked in & quarrel with Miss Tutwiler. The two women and Allen had par- ticipated in a drinking party, Dr. Starr esserted. Mrs. Garland died the next day, he said. Miss Tutwiler denied there was an Ritercation. Tennis (Continued From First Page.) -— by breaking through Mako's service in the eighth game and Budge's in the tenth, the Germans tossed away a 5—3 lead in the second set, were within 1 point of winning the third set in the tenth game of that deuced chapter be- fore the Americans rallied and led ¥—1 in the fourth and final set. But the two young Californians Were not to he denied. They saved the second set by cracking Henkel's delivery in the ninth game and Von Cramm’s in the eleventh, and pulled the 14-game third set out of the fire by storming through Henkel's service in the thirteenth game. At Best in Fourth Set. Despite these brilliant comebacks, Budge and Mako saved their best for the fourth set. After dropping the third, fourth and fifth games without scoring a single point and trailing, 4—1, the Americans got down to work. They won the next five garhes in a row, breaking Henkel's service in the seventh game and Von Cramm’s in | the ninth. Thus they led, 5—4, going into the tenth game and Budge, serv- ing, scored four successive points, the | last on a clean ace, to win set and match. In the small crowd was Henry Cot- ton, recently crowned British open golf champion Should the United States succeed in eliminating Germany, the Americans will be overwhelming favorites to de- feat Great Britain in the challenge round and thus regain the cup for the first time since France removed 4t at Germantown in 1927. Budge Finally Smiles. Nobody was making any predictions in the locker room under the center court, but Budge, drinking an orange $uice almost the color of his hair, was amiling for once. “Boy, was this Mako hitting ’em overhead,” Budge rejoiced. probably wasn't any one in the stands ‘who would have given a dime for our chances when we trailed 4—1 in the last set, but we finally started hit- ting ‘em.” Happiest of the lot was Capt. Wal- ter Pate, who is on the spot for select- ing Bryan Grant over Frankie Parker in the singles. “I'm breathing easier now,” said Pate, sticking his head out of his shower. “Who would have thought “There | 5 Kuhn (Continued From First Page.) Rose of Indianapolis, were summoned here 10 days ago, when his con- dition became serious. .His father was famed for his eloquence the pulpit and on civic and political rostrums. The elder Kuhn was de- feated for the nomination for the House of Representatives by James E. Watson after a campaign which saw the former rise to the heights of his oratorical powers, The Kuhn family was devout, and Mr. Kuhn told friends in later years of an occasion, during his college days, when father, mother and son preached one Sunday from different pulpits. He Preferred Newspaper Life. But, despite a flair for oratory in- herited from his father, Oliver Kuhn preferred the active life of a newspaper man to the more reserved career of a minister of the Gospel. After attending Earlham College and Butler University in Indiana he ob- tained a job as reporter on the Pal- ladium, at Richmond, Ind., where Earlham College is located. Before long he was serving as news editor of this paper—and looking for new worlds to conquer. He moved from the Palladium to the Indianapolis News and then to the Ok- lahoman, in Oklahoma City, Okla., where he was appointed news editor. From the Southwest he went back to Indianapolis, this time as managing editor of the Sun. Before coming to The Star in 1§12 he had served also on the Cleveland Press, the Washington Post and the Washington Times. Beginning his career on The Star on March 21, 1912, he had been, succes- sively, copy editor, foreign correspond- ent, foreign news editor, news editor, news manager and managing editor. Covered Peace Conference. He covered the Paris Peace Confer- ence in 1919 for The Star and subse- quently obtained leave of absence to assist the Italian government in the preparation of a history of its partici- pation in the World War. Mr. Kuhn became a close friend and admirer of Woodrow Wilson during his service abroad. On his return to this country he wrote many articles on conditions in Europe and was recognized as an au- thority on international politics. For a while he wrote a column on world affairs which he called “Shrapnel.” He was an active member of the Overseas Writers' Organization, com- posed of American newspaper men who had covered events abroad during and after the war period. Established State Desk. As managing editor of The Star, Mr. Kuhn established the present “State news department,” which has its own staff of reporters and editors for col- lecting and editing news of nearby Maryland and Virginia counties. Un- der this system proper recognition is given news of suburban communities outside of Washington proper, so that subscribers in outlying towns may have news of their respective localities along with city and national news of the day. From a national standpoint, his es- tablishment of The Star's National Radio Forum undoubtedly will remain as an outstanding monument to his vision and aggressiveness. Beginning in a small way, Mr. Kuhn personally built the forum into one of the most popular non-commercial features on the air. Today, with its weekly coast- to-coast broadcast of developments’ in Washington by speakers officially con- nected with those developments, the forum is the oldest sustaining pro- gram of a non-commercial nature in radio. High Government officlals, as well as thousands of radio listeners, have acclaimed the forum for its non- | partisan service in educating American citizens to the nature and importance of national activities in Washington. Active in Community Affairs, Mr. Kuhn took an active interest in community affairs in Montgomery County after establishing his residence at Alta Vista, and was highly regarded throughout the western suburban dis- trict of the county as one of the most ardent civic leaders in that area. He was recognized as the founder of both the Montgomery County Civie —— e boat you have been waiting for. t. cebin, Packard motor; Just overhauled. boat just painted. ready to go. all equipped: only 3 vears oid. See o eorge_Horseman. Benedict, M RESORTS. ATLANTIC CITY, N, "The Ambassador ATLANTIC CITY. OCEAN GROVE, VA, {ront, our boys would take five straight games to win the last set?” ~ o~ Green Grove Inn $3,,*%F ‘Way. Grounds,_ sha il OLIVER OWEN KUHN. L in| | gate “performing the most outstand- THE EVENING Star’s Managing Editor Dead —Harris & Ewing Photo. Federation and the Bethesda Volun- | teer Fire Department and as one of the organizers of the Alta Vista Com- | munity League, now the Old George- town Road Citizens’ Association. Formation of the Civic Federation was carried out under Mr. Kuhn's su- pervision in 1925, when citizens of the county joined in a successful effort to thwart plans for the construction | of a belt-line railway through the | suburban section of Montgomery. He served as first president of the federation from 1925 through 1927 and was the first member of that| organization to receive the cup award- ed annually to the committee or dele- ing public service in behalf of Mont- gomery County. * * *” He was made an honorary life mem- ber of the federation in October, 1933. Suggested Fire Department. The Bethesda Fire Department was established at his suggestion in 1926 He called a meeting of 10 civic leaders | at Alta Vista and the proposal met with such enthusiastic response that $2,100 was subscribed at that meeting. More than $37,000 was raised later in a public drive for funds. He was president of the fire de- | partment at one time and was an honorary member of the Bethesda | Fire Board, executive unit of the de- | partment, at the time of his death. He played & vigorous part in organ- ization of the Alta Vista Community League in 1927 and was the presiding | officer of that body at one time. The pressure of private business eventually forced his retirement from active membership in civic organiza- tions, but his counsel often was sought by leaders of many Montgomery asso- clations and he always took a keen in- terest in their problems and assisted in solving them. He was one of the first to offer his aid when the Bethesdla Chamber of Commerce fostered the campaign for improvement of Wisconsin avenue from the District of Columbia line to Old Georgetown road and was made an honorary life member of the chamber for the part he played in the success of the drive. Volunteered Trophy. Shortly before his death he volun- teered to present the Bethesda Cham- ber of Commerce each year with a tro- phy, to be awarded to the resident of the western suburban district of Mont- gomery County contributing the most to the beautification of that area. A few years ago Mr. Kuhn purchased a large farm on the Potomac River, near Chesapeake Bay, where he had planned in later life to retire and “rough it.” He had spent many of his week ends on this farm, supervis- ing the planting and harvesting of to- bacco and corn. Mr. Kuhn was serving his third term as chairman of the Executive Commit- tee of the Associated Press Managing Editors’ Association, in which capacity he presided at the annual meetings. He was a member of Delta Tau Delta {fraternity, the Temple Noyes Lodge, F. A. A. M, and the Christian Church. Y In 1915 he married Lenora Martin Rivero, daughter of the former Cuban Minister. There are three daughters, Lois Mary, Eleanor Margaret and Frances. JOURNALISTS PAY TRIBUTE. Members of Profession Over Country Mourn Kuhn's Death, Members of the journalistic pro- fession in various parts of the coun- try joined with high public officials today in mourning the death of Oliver Owen Kuhn, managing editor of The Star. Expressions of sympathy came to the bereaved family and to The Star by telephone, telegraph and mail, as T ATiC FAN INSTALLED COOL ENTIRE HOME GICHNER NA. 4370 WALL PAPER 100 Beautifu! patterns to select from. Enough for room 10x13 98c “MORGAN’S Pal and Hardware 421 10th St. NN\W. NA. 7888 EATINI CONTRACTORS & ENGINFERS E. J. FEBREY & CO. Est. 1898 PLANTS REMODELED _— | newspaper man. | the National Capital, with its frequent 'DIES AT CHEVY CHASE STAR, WASHINGTON, JULY 19, 1937. *% A3 _—W'“_' preparations were made for the fu- neral here tomorrow. One of the first to send condolences was Senator Harry F. Byrd of Vir- ginia, who was a close friend of Mr. Kuhn and who had appeared over the National Radio Forum, of which Mr. Kuhn was director. “The death of Oliver Owen Kuhn was a real shock to me,” Senator Byrd said in a statement today. “I was happy to consider myself one of his friends. His passing is a real personal loss and I feel that it will be a loss to the National Capital. The news- paper fraternity has lost one of its outstanding figures, one who was ad- mired and respected for his ideals, his courage and his spirit of fairness and justice.” Cooper Lauds Him. Kent Cooper, general manager of the Associated Press, telegraphed: “The death of Oliver Owen Kuhn is a distinct shock to his journalistic friends throughout the country. He was competent and loyal to the ethics of the profession.” (Mr. Kuhn was chairman of the Ex- ecutive Committee of the Associated Press Managing Editors’ Association.) W. S. Gilmore, editor of the Detroit News, sent this message to Newbold Noyes, associate editor of The Star: “Oliver Kuhn represented the best to be found in newspaper work. He was a credit to his paper and the profession. Our sympathy to his family and vou.” An unusual tribute came from the editorial staff of the Evening Sun, in Baltimore: Sun Staff Sends Tribute, “Attention editorial staff. We have learned with deep regret of the death of your managing editor, Mr. Oliver | Owen Kuhn, who was not only one | of the outstanding newspaper men of the country, but also a friend you could depend upon at any time. His | death is felt particularly by all of us because he has been so active in seeing that there should be co-operation be- tween The Star staff and us. Again voicing deep regret.” Esquire Heads Praise Him. David A. Smart, publisher of Esquire and Coronet, wired: “The loss of Oliver Owen Kuhn will be a poignant one for The Washington Star and even more so for journalism in general This country can ill afford to lose so brilliant and understanding a journalist at this critical time.” Howard Denby, editor of Esquire Features, Inc.: “The inspiring in- dustry and brilliant editing of Oliver Owen Kuhn forced aside the anony- mity that generally hides managing editors, so that it is not necessary for obituary writers to reveal his works. The greatness of such a tribute makes The Washington Star’s loss keener.” Notables Join in Regret. Senator Lewis of Illinois said: “Jour- nalism has lost & man of the first| rank. As a citizen and gentleman, hr[ was an example to all around him, and was particularly admired and praised by public officials here at the Capital” Senator Shipstead of Minnesota: ‘I was very fond of him. He was a great editor, a man who had great public spirit as an editor and as a citizen, He was one of the finest souls I have been privileged to know during my service in Washington.” Jesse Jones, chairman of the Re- construction Finance Corp.: “In my view, Oliver Owen Kuhn would have | wanted no finer epitaph than that it be said of him that he was a good Oliver Kuhn was more than that. He was one of the country’s best newspaper men, com- bining the finest qualities of mind and | heart. He filled a difficult role, man- | aging editor of a great newspaper in political clashes and turmoil, and| through it all he kept his poise. His | first experience, that of a small town | newspaper man, gave him a valuable background. His European newspaper experience made him a stauncher American with a broad outlook. In company with multitudes, I mourn the passing of a fine editor and a cher- ished friend.” MRS. MARIAN KEMPER Rites Tomorrow for Wife of Exec- utive Secretary of U. S. In- stitute of Architects. Special Dispatch to The Star. CHEVY CHASE, Md, July 19— Mrs. Marian Elizabeth Kemper, 34, died here yesterday at her home 5615 Grove street, after an illness of two months. She was the wife of Edward C. Kemper, executive secretary of the American Institute of Architects. Mrs. Kemper was born in Washing- ton and had lived in the District for most of her life, except a short time during her early childhood when she resided in New Orleans where she re- ceived her primary education. She | attended a seminary in Washington. She was married to Mr. Kemper October 1, 1930, and the couple made their home in Washington until last January when they moved to Chevy Chase. Beside her husband she is survived by her mother, Mrs. Beatrice von Buban, widow of the late Curt Walter von Buban, Washington civil engineer, and three sisters, Miss Emily, Clo- childa, and Elsie von Buban, all of Washington. Requiem mass will be said for Mrs. Kemper tomorrow morning at 10 o'clock at the Church of the Blessed Sacrament, Chevy Chase Circle. In- terment will be in Mount Olivet Cem- Broiled Maine Lobster Luncheon ___ Alr_Conditioned. 1107 Conn. Ave. Auto_l‘finiing |1a|¢ys 2020 M ST. N.W. Let Haley’s Do It Right! “FAIRFAX" House Paint Ideal for all exterior Gal i usually Windows, Eaves, Phone Your Have the kind of heating sys- tem you wat ‘e modernize old plants and guarantee the work. CALL NATIONAL 8680 PAINTS—GLASS | from Moscow | Immediately to the commissariat D. C., MONDAY, Joking, Stalin Gladly Allowed Flyersto Try Polar Hopto U. S. Soviet Leader Greatly Interested in Avi- ation, Pilot of First Flight Here, , Reveals After Interview. One of the pilots of the first Soviet plane to fly over the North Pole from Moscow to America has written the experiences of himself and his two companions—blazing an air trail for three other Soviet fiyers who landed a few days ago at San Jacinto, Calif., after sim- ilar experiences. This installment is the first of a series. BY GEORGE BAIDUKOV. ‘The most notable trait of the people of our country is that of never being satisfied with what has been achieved, of constantly reaching out toward new projects and goals. In 1936 our crew had the joyous ex- perience of opening up the Stalin route, a great triumph for Soviet avia- tion. After numerous demonstrations, interviews and meetings with the peo- ple of our country, we all settled down again to the regular routine work that we loved. We did not permit ourselves to be- come complacent or overconfident in our day-to-day work. Valery Chkalov and I continued as before making daily tests of military planes. And Sasha Beliakov returned to his sys- tematic, daily training of the army of navigators, teaching them the art of guiding the plane to its goal, against some possible future enemy, The Winter passed and again our thoughts and dreams reached out to the endless spaces of the ocean of air, to the waves and far ice-packs of the Arctic which last year had swum under the wings of our legendary ANT-25. Planned Trips Many Months, Valery and I during the Winter had made & number of trips to Tsagi (Central Aerohydrodynamic Institute) where our Ant-25 was kept. We made several flights. We took touncil with our friends, Engineer Stoman and Technician Berdik, about the condi- tion of the motor and the plane. We wrote reports for Kaganovich and Rukhimovich, and finally de- cided to reveal our whole plan to VoroshilovA who always listened to us warmly and supported us. Comrade Voroshilov constantly gave us friend- ly advice and helped us in solving our problems. Our chief problem was to get the consent of the government for a flight to the United States over the North Pole in the airplane Ant-25. Valery Chkalov and I wrote a letter to Comrade Stalin and waited | for his answer with quite understand- | able excitement and anxiety. During those very days the airships of Vodo- ianov, Molokov, Alexeyev and Ma- zuruk, under the leadership of Schmidt, completed their extraord- inary dangerous and important ex- pedition and landed at the North Pole. Under such favorable conditions, we were practically convinced we should have a positive reply to our request Finally, the exhausting days and hours of waiting came to an end That was on May 25. On that day, as always, I flew. At 11 o'clock in the morning they sent for me at the airdrome and told me I had been called to Voroshilov's office. I went of defense, where I found Chkalov and Levanevsky. From there we went to the Kremlin. Invited to Stalin’s Office. At 4 o'clock the three of us were invited to come into the office of Comrade Stalin. As soon as we en- tered, Joseph Vissarionovich rose from the long table behind which comrades Molotov, Voroshilov, Kaganovich and Yezhov were sitting, and, smiling in welcome, came forward to meet us. After greetings were ‘exchanged, the three of us sat down at the opposite side of the table. I first looked intently at Joseph Vissarionovich, who re- mained standing at the table, and then scrutinized the faces and the general appearance of all the other comrades. Satisfied that the mood of our leaders augured well for our enter- prise, and taking advantage of the silence, I looked around Comrade Stalin’s office. On his desk I noticed a model of the Ant-25, probably pre- sented to him after our last year's flight. I shall not conceal the fact that at that moment I was over- — e e e Great Shaving Offer This Week Only 1 Woodbury’s Lilac Vegetal 1 Woodbury’s Hair Gloss 1 Can Talcum 25 Double-Edge Blades 1 Prep or Bay Rum Shav. ing Cream Total List Price Value, $1.80 All For 89‘3 ‘We deliver 2 or more of Above Sets in D. C. The Gibson Co. 917 G St. N.W. + LAWYERS® BRIEFS £ coMMERCIAL PRINTING ADVERTISING SERVICE BYRON S. ADAMS [NV 512 11TH 8T ee Etz and See Better” Have you an extra pair of glasses for your vacation? Suppose you lose or break the ones you are wearing now:-Better order that ex- tra pair today. ETZ Optometrists 608 13th N.W. Between F and G N.W. 609 C St. NW. MEtro. 0150 whelmed with joy and pride, that I grew somehow warmer and happier to be there in this group of great and remarkable men of our country. Joseph Vissarionovich turned to us and asked smilingly: “So the earth is not good enough for you? You want to fly again?” “Yes, Comrade Stalin,” answered Chkalov. “The time has arrived. We have come to ask permission of the government for a flight over the North Pole.” The group sitting at the table watched us, smiling slightly. “And where do you intend to fly? Which of you wil report on your plans?” Comrade Stalin questioned us again. “This is not just one group, Com- rade Stalin” remarked Kliment Efremovich, and, slyly winking in my direction, added that only Baidukov was sitting on two chairs, since both Levanevsky and Chkalov had asked that he be in their crews. “Aha, factions” exclaimed Joseph Vissarionovich jokingly, and again looked at us attentively. “Well, let's hear from you, Comrade Chkalov. Chkalov quietly described our plans, asking that permissior be granted for a flight of the ANT-25 to America by way of the North Pole, “The crew, our troika (trio) of last year,” said Chkalov, “is ready for the flight, and the plane ANT-25 has also been prepared.” Then Levanevsky spcke, asking permission not for such a fight, but for a flight with a four-motored plane. I had the floor next. I explained that my final choice was with the ANT-25 and that my opinion had already been expressed in the request Chkalov and I had made to the government about the flight. When we had had our say, Comrade Stalin turned to his companions: “Well, what do you say? Shall we sanction the flight?” Comrades Molotov, Voroshilov, Ka- ganovich and Yezhov at once sup- ported Stalin, and the matter was de- cided in principle. Comrade Stalin, after a little though, proposed that, Jjust the same, Comrades Alksnin and Kaganovich should be called in and thelr opinions asked, since they were directly in charge. of aviation. Talk turned to the quality of Amer- ican planes. Comrade Stalin was in- terested to know in detail what we could learn from American aviation. Levanevsky described minutely Amer- ican airplane construction and the machines he had purchsed there. Comrade Stalin from time to time spoke to the various commissars pres- ent, made notes, and then, after con- versing with Comrade Molotov, start- ed again to walk around his office and discuss the expedition to the pole. Paying a warm tribute to the bold group of polar explorers, Stalin remarked that now it would undoubtedly be easier for us to fly| across the North Pole. “On the contrary, Comrade Stalin,” Jaughingly remarked Comrade Chka Comrade | lov, “that makes it all the worse for us. Papanin will keep on reporting bad weather from the pole—and then we'll never fly!” “Well, think of that—we thought it would be better—but now it seems that it would be better for the avie ators if there had been no flight to the pole,” chuckled Stalin, turning to Molotov. Comrade Molotov, abandoning his work, glanced at Comrade Chkalov and smilingly put aside his brief case, At the same moment Kaganovich en- tered, and Stalln at once asked him point blank for his opinion on a fiight over the North Pole. Mikhail Kaganovich looked at us, and remembering that we had already besieged him with our plans more than once, gave a favorable answer immediately. A few minutes later Comrade Alksnin entered briskly and Comrade Stalin put the same direct question to him. “How about it? TIs it possible to fly right over the pole to America?” “Yes, in my opinion conditions are very favorable for that this year,” And so, the decision was made. Wa had spent three hours among the be- loved leaders of our party and our government. How much of their precious time we took! We hastened to take our leave. Thanking them for this attention, we bade farewell, simply and earnestly, to Comrades Stalin, Molotov, Vozoshilov, Kanaovich and Yezhov, and, rejoicing in the great faith our leaders and our coun- try placed in us, went to the airdrome, where the great red-winged bird Ant- 25 stood in the hangar. (Copyright, 1937, by the North American Newspaper All:ance, Inc.) Once Boery Year! SUMMER Any GABARDINE SUIT in the House Were $35.00 to $30.00_________._______._. Any TROPICA WORSTED inithe House-——=_ __ - . . .= GROS NER of 1325 ¥ Street REDUCTIONS for men who like savings without a sacrifice. THE SALE THAT MEN HAVE COME TO RECOGNIZE AS THE BIG SUMMER CLEARANCE OF THE SEASON. They know that the reductions are from our regular stock merchandise and they know that means genuine quality and savings! 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