Evening Star Newspaper, August 13, 1937, Page 1

WEATHER. (U 8. Weather Bureau Porecast.) Partly cloudy, continued cool tonight; tomorrow winds. at 9 a.m.; lowest, 69, at 5 ture at 2 pm.,, 84. Full report on page A party cloudy Closing N.Y. Markets—Sales—Page 14 8th YEAR. X Temperatures tod 34,072, gentle north y—Highest, 78, a.m. Tempera- -10. Entered as second class matter post office, Washington, D. C. ch WASHINGTO WITH SUNDAY MORNING EDITION N, D. C., FRIDAY, U. S. FLEET IS SPEEDING TO SHANGHAI AS SHELLS OF BATTLE FIRE CITY Holocaust of 193é AgainThreat- ens—Wind Fans Flames in Scores of Buildings. U. S. MARINES 1 ALO Chapei and Kiangwa POSITION n Areas Hardest Hit. | Chinese Artillery Smashes at Positions Near International Settlement. BACKGROUND— Undeclared war in China has and Chinese patrols clashed outside Peiping. raged since July 7, when Japanese Since then thousands of non-combatants and troops have been slain in encounters at Peiping and Tientsin, with heaviest fighting centered at Nankow Pass, 30 miles northwest of Peiping and gateway to Chahar Province. Hopeh Province is reported under complete Japanese control, By the Associated Press. SHANGHAI, August 14 (Saturday).—Shellfire and flames left this frightened city of 3,500,000 seemingly irre- trievably doomed today to the principal role in 1937's bloody chapter of Sino-Japanese tragedy. Hostilities between Japan's bluejackets and China's army regulars flared from Shan, 10-mile way to the Woosung forts, where the city's busy | ghai proper all along the Whangpoo River flows into the mighty Yangtze. On the Whangpoo, warships of the Bhanghai's giant municipal w! drive from them Chinese soldiery Japanese Navy shelled harves—so the Japanese said. to who fired on a Japanese man o' war as she steamed toward Shanghai proper. The Chinese fought back wit The United States, her 1,050 Marines on day and night patrol | h cannon and machine gun. of Shanghai’s International Settlement, sent the flagship of her Asiatic flight at forced draft from Tsingtao, to the north. The heavy cruiser, U. S. S. Augusta, t he flagship, with Admiral Harry | E. Yarnell, fleet commander aboard, will help protect the 4.000 Americans here. most of them in t of the scenes of battle. he international areas just south Japanese Position Shelled. Chinese field pieces and mountain guns smashed at the | Japanese positions in the Hongkew area north of the International | ! Settlement. Machine gun and rifle fire crackled all day Friday. Fires roared through buildings in the Northern Chinese areas of Chapei and Kiangwan, fanned by a strong wind that threatened another holocaust like that of the Flames engulfed the municipal whar{ area—where the $1,500.000 | Jukong pier was the Japanese naval target on the Whangpoo's left bank. midway between the heart of Shang- hai and Woosung Reports that the Japanese were | ghelling Woosung persisted all night | Wwithout exact confirmation. It seemed highly possible. The Japanese said Chinese troops at Woosung were men- acing their industrial properties in the vicinity and interfering with Jap- anese military landings | Since Woosung's forts are at the | Whangpoo-Yangtze confluence, their guns constitute an obstacle to any | Japanese effort to send ships farther up the Yangtze, land troops at Liuho and other strategic points and attack Chapei and other Chinese areas of Bhanghai from the rear. Civic Centers Threatened. Greater Shanghai's civic center at Kiangwan. constructed at the cost of many millions of dollars and vyears of labor, seemed gravely threatened in the area north of the main city. Flames stabbed skyward into the | darkness from that direction, and there were reports the splendid build- | ings were already burned. | Americans and other foreign resi- | dents of the great oriental city were barricaded within the International Settlement. The 4th Regiment of | United States Marines, commanded by | Col. Charles F. B. Price, manned a 3- | mile stretch of the settlements’ border | adiacent to Chapei where the 88th | Chinese Division was in position, To the left of the 1,050 American Marines, British troops patrolled a similar front. On the right of the Americans, Shanghai's volunteer corps formed of foreign residents guarded the dangerous eastern section of the settlement border adjacent to Chapei. (From Hong Kong, the British Far Eastern Army command yes- terday ordered a battalion of Welsh (See CHINA, Page A-4.) D. C. VICTORY WON BY UNION PAINTERS Labor Department Upholds Con- | tentions Over Duties, Pay and Hours. Union painters in the District won a complete victory today when the Labor Department, in a decision following a hearing in connection with the recent painters’ strike, upheld their conten- tions as to the duties of a painter, rates of pay and working hours. It is expected the decision will have the effect of barring bids by non-union contractors on Government painting Jobs. The decision held: 1. That moving scaffolds, arrang- ing drop cloths. cleaning paint spots, etc., are part of a painter's work and must be paid for at the rate of $1.57 1-7 an hour. 2. That the regular working week of painters nere consists of five 7-hour days and that in future Government contracts this scale shall apply. This means that double pay must be given for hours worked in excess of this standard. — e Wages Boosted. SCHENECTADY, N. Y. August 13 (P)—The General Electric Co.’ an- nounced today a 1 per cent wage in- crease for all employes under the com- | hillsides. | ese artillery headquarters to retire a Sino-Japanese hostilities of 1932. Chinese Blocking Japanese Advance At Nankow Pass By the Assnciated Press PEIPING, August 13.—Stubbornly- | fignting Chinese regulars of the 89th Division today blocked the advance of the Japanese Army and held stra- tegic Nankow Pass in the face of a hot, artillery fire and aerial bombard- ment. Two regiments of the 89th—Japan- ese estimated their strength at 4.000— were defending the southern ap- | proaches to the narrow mountain gate- | | way to Manchuria against a mechan- ized Japanese brigade supported by heavy artillery and planes. | In a day-long battle yesterday the Japanese infantry attacked and cap- | tured the deserted town of Nankow, | 30 miles northwest of Peiping. | The Chinese had abandoned the town, withdrawing to naturally im- | pregnable positions in the mountains where China’s ancient great wall snakes its way. | The Japanese artillery then turned | its fire on the ancient fortifications, | registering several direct hits on the | centuries-old structures. Shrapnel and high explosive shell damaged the Chinese temples—long the mecca of | American tourists—perched on the The Chinese batteries immediately returned the fire and forced the Japan- quarter of a mile. The town of Nankow nestles at the foot of the precipitous mountain range through which passage is possible only in the narrowest defile which the rail- road from Peiping follows to Kalgan. Even if the Japanese siicceed in driv- ing the Chinese out of their strong en- trenchments it was thought likely they would be unable to continue the advance. The Chinese were expected to take the abvious precaution of dyna- miting the bridges and tunnels. These are situated so precariously along the thousand-foot cliffs and ledges that it would take months to repair them and open them to ordi- nary traffic, much less to heavy mili- o SLAUGHTER HOUSE BUILDING BEGUN Construction Firm Is Ordered to “Rush” Job, Attorney Declares. Work on the $500.000 slaughter house in Benning was begun today by the Turner Construction Co. of New York under orders from the Adolf Gobel Co. to “rush” the job. This was confirmed by D. Edward Clark, attorney for the Gobel firm, who said the construction firm has received the plans and specifications and that a full crew will be at work on the building by Monday. ‘The men at work at the site today are making forms in preparation for pouring concrete, Clark said. Meanwhile, the so-called anti- nuisance legislation, which would ban such industries as the slaughter house, ‘ pany’s “cost-of-living adjustment” plan. 4 > THREE-MILE FRONT \ ADMR. HARRY E. YARNELL. -—Harris-Ewing Photo. POISON 1S FOUND | INBODYAFTER3DIE 'Anna Hahn, German, Admits Buying Deadly 0il When Friends Perish. By the Ascociated Pross CINCINNATI, August Chemist O P. Behrer reported to Prosecutor Dudievy M. Outealt todav the discovery of “postive traces of | metallic poison.” in the body of | George Gsellman. 67, latest of several | acquaintances of M Anna Hahn, 31, whose sudden deaths are under police scrutiny. Outcalt termed the report a “major development” in the baffling case which assumed international interest when Detective Lieut. George Schattie | sent pictures and fingerprints of Mrs. Hahn to Washington for forwarding to Munich, Germany, where Mrs Hahn formerly taught school, and to Vienna, where her first husband, Dr. Max Matscheki, practiced medicine Acting Detective Chief Patrick Haves said other developments were: Mrs. Hahn admitted buving a bottle of poisonous oil which was turned 13.—City band. Philip Hahn, a telegrapher, aiter a quarrel. She also admitted knowing four men whose deaths are under police in- vestigation and said she had minis- tered to them during their She denied. however. that she gave them anything harmful Police are investigating the muste- rious deaths of five persons with whom they said Mrs. Hahn was friendly. Mrs. Hahn, denving all knowledge of the cause of five deaths under in- vestigation, is held on fugitive war- rants charging murder and grand larceny. The deaths being probed are those of George Obendoerfer, 60, moderately wealthy Cincinnati cobbler, at Colo- rado Springs. Colo., August 1; George Gsellman, €7, found dead in bed. July 6; Jacob Wagner, 78, June 3; Albert Palmer, 72, March 27, Ernst Kohler in 1933. The poison, dysenteric oil, physicians said, was deadly when taken in quanti- ties of 6 to 20 drops. Coroner J. Thomas Coughlan at Colorado Springs reported vesterday that a severe dose of an oil poison might have caused Obendoerfer's death. “That's what we expected,” Lieut. Schattle said when he heard the report. Denver detectives reported that Obendoerfer, Mrs. Hahn and her 12- vear-old son Oscar registered at two hotels there between July 23 and 30. Summary of Page. Page. Comics ._B-12-13 | Radio Drama _..__B-14 | Serial Story..B-4 Editorials _A-8 | Short Story--A-15 Finance .. _A-13| Sports - Lost & Found B-7 | Society Obituary .._A-10' Woman's Pg..B-2 FOREIGN. U. 8. Fleet speeds to Shanghai battle as holocaust threatens. Page A-1 Soviet airmen pass over Pole on way to United States. Page A-1 German seaplane off for Azores. Page A0 NATIONAL. Immediate U. S. loans on cotton held likely. A-1 Black nomination quickly approved by subcommittee. Page A-1 Hull demands British protection of U. 8. rights in Palestine. Page A-1 ‘Wage-hour bill stalled despite House group action. Page A-1 WASHINGTON AND VICINITY. ‘Three cling to upset boat for four hours. Page A-1 Mason and Bush in spirited race to head Legion. Page A-4 Substitute road, airport runwuys are planned. B-1 Commissioners to get report dealing with sanitary problems. Page B-1 C. J. Russell to be elected to head Army and Navy Union. Page B-1 Robbers loot 11 homes and business places of $1,576. Page B-1 Civic association fights car fare in- crease. Page B-1 takes remains pigeon-holed in the House « 20d Senate District Committees. - Police Court begins “purge” of runners for shyster lawyers. Page B-1 ) over to police vesterday by her hus-' illness. | and | PRESIDENT AGREES 10U, S. MAKING COTTONLOANSNOW Funds Would Be Contingent on Farmers Pledging Aid Next Year. |SENATE DELEGATION VISITS WHITE HOUSE Bilbo Says Step, in Effect, Would i Peg Price at 12 Cents a Pound. | BACKGROUND— | Since Supreme Court reorgani- | zation ceased being an issue and left the way clear for Congress to deal with other business, the White House has insisted on a crop-con- trol law. Congress has shown hittle disposition to go along with Presi- dent Rooserclt, but a cotton bloc put great pressure behind the de- mand for cotton loans. It was un- derstood the President would reto | a loan bill unless accompanied by | crop-control legisiation. | By the Associated Press. A Senate delegation reported after a White House conference today that | President Roosevelt had agreed to | make immediate Federal loans on cot- | ton to farmers who pledged to comply | with a surplus-control program to be enacted next session. | Senator Bilbo, Democrat. of Missis- sippi said a resolution putting Congress on record to pass surplus-control leg- islation early in 1938 would be taken up in the Senate later today | He said the President peg the price at 12 cents a pound | Subsidy of 2 Cents. | Bilbo added that the amount of the | 10an had not yet been determined, but if it was 10 cents a pound, the Gov- [ ernment_would grant a subsidy of 2 | cents. This is in line with the Federal loan program of 1935. Senator Ellende Louisiana said subsidies withheld until farmers had Democrat, of actually complied with the “program to be en- | acted.” Others who called on the President were Senators Schwellenbach, Demo- | crat, of Washington, and Thomas, Democrat, of Oklahoma. Secretary Wallace also sat in Asked about wheat, corn and hogs. Bilbo zaid I think the administration will give them the same consideration as it will give to cotton.” Senate Agriculture Committes mem- bers had voted last night to ask | Mr. Roosevelt to order a 10-cent Joan to peg prices, drooping under the weight of a bumper crop. The committee also approved & resolution which, if adopted by Con- gress, islation the first item of business at | the next session It took this action to checkmate the possibility of headlong overpro- | duction, which the President said might result if monev were loaned without safeguards provided by crop corntrol | The resolution was adopted after a long discussion between Secretary | Wallace and the committee. Wallace had told reporters earlier | the administration should not make loans until controls were provided. After the discussion, however, com- mittee members said they were confi- | dent Mr. Roosevelt would approve loans 1if he were given assurance Con- gress will take up the requested leg- islation in the first week of the next session Whether “the next session” meant | & special gathering this Fall or the fied. Secretary Wallace had spoken of a special session as “a fine thing for the farmer.” Although it recommended a 10-cent cotton suggested the President might see fit the event the market did not respond to a 10-cent level. In previous years, fixing of a level by Government guarantee has re- sulted in cotton selling above that figure, since farmers could decide for themselves whether to market their crop. Today’s Star SPORTS. Nats gets Bazner from 'Nooga to bolster slab staff. Page B-5 Danzberger is sensation in horse shoe title tourney. Page B-5 Capital is due to get Maryland State tourney in 1938. Page B-6 Bucs and Bees are proving poison to Cubs and Giants. Page B-7 EDITORIALS AND COMMENT. Editorials. Page This and That. Page Questions tnd Answers. Page Political Mill. Page Washington Observations. Page David Lawrence. H. R. Baukhage. Dorothy Thompson. Constantine Brown. Lemuel Parton, SbbbbRiened EE R E FINANCIAL. Rail bonds gain (table). | Fall prospects bright. | Freight loadings down. Stocks advance (table). Page A-14 | Curb list improves (table). Page A-15 Peoples Drug dividends voted. Page A-15 Page A-13 Page A-13 Page A-13 MISCELLANY. Washington Wayside. Nature’s Children. Shipping News. Vital Statistics. Traffic Convictions. Dorothy Dix. Betsy Caswell. Cross-word Puzzle. Bedtime Stories. Letter-Out. Winning Contract. Page A-2 Page A-11 Page A-12 Page A-12 Page A-12 Page B-2 Page B-2 Page B-12 Page B-12 Page B-13 Page B-13 AUGUST 13, | had agreed | to make loans which in effect would | would be | would make crop control leg- | regular term in January was not speci- | loan program, the committee | later to guarantee a higher price, in| 1937—THIRTY WHO ToLo YOU You WERE ¢ Foening Star PAGES. A PITCHE ANYHOW ? FH¥ The only Yesterday's (Bome retu: (#) Means Associate, in Washington wit Associated Press News and Wirephoto Services. evening paper the Circulation, 134,869 rns not vet raceived ) TWO CENTS d Press. geFfiE’l i é:AN ITC HAVE AOTTA ON THE SENATORIAL DIAMOND. NEW MOVE FAILS TOFREEWAGE BILL House Members Lose Hope for Enactment as Plan Remains Blocked. BACKGROUND— The administration’s wage-hour bill, setting up a Labor Standards Board with power to fir minimum wages of not more than 40 cents an hour and work week of not less than 40 hours in certain industries passed Senate without undue de- lav. but has struck snag 1w House Rules Commattee recently called off meeting to consider bill. presumably becanse demands of some members for assurances of farm legislation prevented mustering enough votes for tavorable report. By the Associated Press, | The House Rules Committee today recommended a resolution which would make it possible for the Democratic leadership to bring the administra- tion’s wage-hour bill before the House by suspending parliamentary rules— provided a& two-thirds vote could be obtained. | There was no indication, however, | that this drastic procedure would be employed immediately. Speaker Bank- head said he had “no intention” of TecognIZINg any member to call up the measure under a rules suspension Monday. “The measure is of such impor- tance,” he said. “that it should have free and open discussion.” Bankhead declined to comment on prospects for the legislation this ses- sion. Majority Leader Ravburn. who at- | tended the Rules Committee meeting with Speaker Bankhead. told newsmen afterward. however, he had assured the committee “no shenanigans” in- | volving the wage-hour bill was con- | templated under the resolution. Hope Virtually Gone. Members of the Labor Committee | | said. however, they had virtually dis- carded hope of action on the contro- verted legislation this year unless Con- | RTeSS remains in session until mid- September. The labor standards bill has been locked in the Rules Committee since the first of the week because at least nine members of the group had balked against giving the legislation right of way to the floor for debate. Proponents of the measure who have speculated on the possibility of em- ploying a suspension of the rules. con- ceded there was little likelihood of getting the required two-thirds vote. They contended, however, sufficient votes would be obtained to convince the Rules Committee a majority of the House desired the bill enacted. Chairman Norton of the House Labor Committee acknowledged this morning there was scant hope of getting action on the bill this session unless iv lasted until mid-September. Discharge procedure always takes considerable time, she said, and the earliest date the bill could be brought to the floor in that manner would be September 13. Signatures of 218 members are re- quired to make a discharge petition effective. Mrs. Norton said she had “prac- tically lost hopes” of getting the bill out of the Rules Committee other than by the petition route. She added, however, that submitting a rule and anmouncing she would file a discharge petition might persuade some com- mittee members to have a change of heart and let the bill come up for a vote. Eight Votes Needed. Eight votes are needed to release the wage-hour bill from the Rules Committee, but administration forces could count definitely on only four. Two more were doubtful. One Democratic leader, who has ministration is handicaped by the fact the opposition was directed solely against the wage-hour bill and not intertwined with demands for farm legislation, as was the case earlier. “You just can't do any trading in a case like this,” he commented. Anagther potential obstacle to ad- journment by August 25 disappeared yesterday, when the Senate agreed to lay aside an anti-lynching bill. It will be the first order of business in January after enactment of a farm stabilization program. The struggle over the anti-lynching bill ended when Senators Wagner, Democrat, of New York, and Van Nuys, Democrat, of Indiana, agreed to withdraw their motion for immediate consideration. been active for the bill, said the ad-| D. C. Man and | By the Assnciated Press, PROVINCETOWN, Mass, August 13—Two voung women ‘art students iand a male companion owed their | lives today to tha, wind that blew their | capsized dory ashore at Truro after | they had clung to it for four hours. They were Miss Helen Wires, 25, of | Wellesiey Hills, Mass.; Miss Dorothy Nelson, 23, of Chicagn and Rowland Lyon. 33, of Washington, D. C. They left Provincetown late yester- dav with Gregg Johnson, 25, of Her- kimer, N. Y., owner of the dory. Two miles off Truro a 30-mile wind cap- sized the craft Johnson clung to the craft with the others for 45 minutes, then started | to swim ashore for help. A cruiser owned by A. L. Humphreys of Newport, R. I. picked him up and | sped him to Wood End Coast Guard | station. A picket boat swung out, but | its searchlight revealed no trace of the dory Other boats joined the search without success. Late at night the dory ashore, its exhausted passengers cling- ing to its sides. Rowland Lyon. son of Mr. and Mrs. G. A. Lyon, 209 Rosemary street Chevy Chase, Md., is well known in Washington art circles. His father is aszociate editor of The Star. > Lyon is a graduate of the | drifted | iClinging_{ to Upset Boat 4 Hours, 2 Women Saved cabin | ROWLAND LYON. —Harris-Ewing Photo, Corcoran School of Art and for sev- | | eral years was an instructor in the Abbott School here. He recently re- turned from a trip to Mexico and |had gone to Provincetown to paint scenes on Cape Cod PALESTINE RIGHTS SOVIET AIR ACE DEMANDEDBY (.S ‘Britain Assures Hull Amer- | ica Will Be Informed ‘ of All Changes. BACKGROUND— | Plans of British government to partition Palestine into Arab and Jewish States have aroused oppo- sition of Jews throughout world and have given concern to foreign | governments with interests in that region. Property, educational and religious rights of American na- tionals in Palestine are protected by treaty. preservation of which has been prime obijective of this Gov- ernment. | By the Associated Pres | Secretary of State Hull disclosed to- | day that the United States had de- | manded assurance from Great Britain ‘}(hat rights of this Government and | its nationals in Palestine will be pro- | tected under any changes in the Pal- estine mandate. Hull made public diplomatic ex- changes in which the United States enunciated its “safeguard” ments. The notes followed a Britis| proposal to partition Palestine into Jewish and Arab states. Britain assured the United States it would keep this Government informed.” The foreign office informed Robert W. Bingham, American Ambassador to ernment would be consulted and its assent sought on any changes in the mandate affecting American rights. To Propose Changes to League. Britain said it intended to propose changes recommended by its Royal Commission of Inquiry to the League of Nations Council next month. American rights in Palestine were established in an American-British convention of December, 1924. This compact secured to the United States all rights and benefits enjoyed by League members and their nationals, regardless of America's non-member- ship in the league. The convention further secured American property rights, religious and educational freedom for American na- tionals, and applied to Palestine the same extradition procedure existing be- tween Britain and the United States. Must Have U. S. Consent. The convention provided that no change affecting the American-British conventioh could be made in the man- date without United States consent. After first assurance that this Gov- ernment would be kept fully informed of modification proposals, Ambassador Bingham made a second request, that “these proposals may be communicated to my Government in ample time to enable it to determine what, if any, observations it may desire to make with view to the preservation of Amer- ican rights in Palestine.” It was assumed Ggeat Britain would grant the request. ) require- | “fully | the Court of St. James, that this Gov- | RETARDED BY WIND Heads Toward Fairbanks After Passing Over Pole 17 Hours After Start. BACKGROUND— Flight of Sigismund Levancfi- sky. known as Russia's Lindbergh, and American trained. 1s third such venture across the top of the world by Soviet airmen. The first flight ended at Vancouver, Wash.. after non-stop hop of 5.300 miles, and the second in a pasture mear San Jacinto, Calif., a non-stop jump of 6,000 miles. By the Associated Press. SEATTLE. August 13—The Army 11:39 a.m.. E. S. T.) that the Russian transpolar plane was bucking terrific | headwinds in its flight toward Fair- | banks, Alaska, and that it could not | reach that refueling point earlier than 4pm (7 pm, E 8. T.. The Signal Corps had received no direct word from the plane since its | Moscow take-off yesterday, but inter- | cepted a message from the plane to Russia about 3 a.m. The big four-motored Russian mono- over the top of the world, was follow- ing the 148th Meridian. | Earlier Radio Operator Golkovsky had reported tailwinds were boosting the plane along its course, after strong headwinds were encountered in the vicinity of the North Pole. Flying at an altitude of 6,000 meters, the plane encountered 35-below-zero temperature in the vicinity of the pole, said code messages intercepted by the Signal Corps station at Nome. At the controls of the huge mono- plane was Sigismund Levaneffsky, one of the Soviet Union's most famous aviators, often called the “Lindbergh of Russia.” Four miles above the ice, the big plane went zooming over the Pole 17 hours after it left Moscow. It is about 1400 miles from the Pole to Fairbanks, but Levaneffsky said he would not try for any speed record. His crew consisted of Co- Pilot Kostenaieff, Navigator Lev- chenko, Mechanics Pobezhimoff and Godovikoff and Radio Operator Gal- kovsky. “Battle” Ends Fleet Games. SAN PEDRO, Calif., August 13 (#). —Maneuvers which took the United States fleet to Panama, Hawali and Alaska will close tonight when a “Blue” and a “Black” force fight a theoretical battle for the Southern California coastline. Two Die in Fire. NEW YORK, August 13 (#).—Two men perished and 10 persons were in- jured early today in a fire that wrecked a five-story brownstone rooming house on West End avenue, near Ninetieth street, in the u%u West Side. | Signal Corps here reported at 8:39 a.m. | plane, exploring a commercial airway | BLACKNOMINATION QUICKLY APPROVED BY SUBCOMMITTEE {Group Votes 5 to 1 in Favor of Senator for Supreme Court Bench. DEMAND FOR HEARING OF PUBLIC IS DENIED Borah Reserves Right to Attack Legality of Appointment Before Final Action. The nomination of Senator Hugn L, Black of Alabama to the Suprems Court received swift preliminary ap- proval today when a Senate Judiciary Subcommittee voted, 5 to 1, to ap= prove the nomination Senator Borah, Republican. of Idana, was one of those voting to approve, but he reserved the right to attack the legality of the appointment bee fore final Senate action is taken, Senator Austin, Republican, of Vere mont, was the single subcommittes member voting “no.” His demand for public hearings was voted down Austin joined with Borah in quese tioning the validity of the nomination on the theory Black was a memoer of Congress when a law creating a new vacancy and increasing the compensa- tion of Supreme Court justices was passed. If this interpretation of the | new court retirement act is eorrset, Black would be ineligible for the post | vacated by wh‘ retirement of Justice | Van Devanter. Held Legal by Cummings. The subcommuttee acted a few minae utes after President Roosevelt told a press conference Attorney General Cummings had advised him it was perfectly legal and constitutional to appoint Black to the Supreme Court, | The President also denied he is going !to press for a constitutional amend= ment on Supreme Court reorganization. Shortly after the subcommittee ad- | journed, Chairman Ashurst of the full Judiciary Committee announced that group would take up the nomination | at its reguiar meeting Monday. Cona | tending there is nothing to the legal questions suggested by Al ! Borah, Ashurst expressed that Senator Black “is el be confirmed by Thursday or Frid: certainly before the Senate adjour After the subcommitter acted. two new Senators came out as open oppo- | nents to confirmation. Thev were | Senators Burke. Democrat, of Nebraska | and White, Republican. of Maine. | | | Burke said he agreed with Austin's contentions and would join the Vere monter in presenting that legal view to the full committee. Senator White said he felt Congweess had increased | the emoluments of the office and that therefore members of Congress were ineligible In addition to Borah. those voti to report the nomination favorabl: to the full Judiciary Committee were | Chairman Neely of West Virginia and | Senators Logan, Kentucky; Dieterich, Illinois, and McG Kansas. All Democrats and all supported the orige | inal Supreme Court reform bill The subcommittee voted after less than an hour of discussion. Citing the Sumners retirement law of last March, under which Justice Van Devanter stepped down from the bench, on June 2, Austin inquired ‘Can a member of the Senate become a justice to fill an office, first, that was created during his incumbency in the Senate, or, secondly, to an of- fice the emoluments of which were increased during his incumbency?” Borah Reiterates Contention. Senator Borah reiterated his cone | tention that there is no vacancy be- cause Congress has failed to provide specifically for the replacement of justices to retire under the Sumners act. He said, however, he saw noth- ing to be gained by delaying the ques< |tion in subcommittee, and voted to report the nomination after reserve |ing the right to raise the legal issue {oun tne floor. | After iauding the ability and quali- fications of Black. Senator Dieterich, made the motion to report favorablv, | Austin promptly offered as a substitute | that the subcommittee reserve judg= | ment until it has time to prepare an | opinion, supported by authorities, on the legal questions raised The substitute was voted down. 5 to 1, after which the original motion to report carried by the same vote As soon as Dieterich had moved to report favorably in the subcommittee, Austin required: “I'd like to ask the subcommittee to consider whether we ought to ap- prove or disapprove without any effort to ascertain whether the nominee is eligible. Now, we have all come through a very strenuous period, in which we have studied and discussed eligibility, but we did not specialize on this case. There has been some CHILD FOUND DEAD, VICTIM OF ASSAULT Body of 4-Year-0ld Joan Kuleba Located in Staten Island Shack. By the Associated Press. NEW YORK, August 13.-—The body of 4-year-old Joan Kuieba, missing for 24 hours, was found today in a swamp shack, half a mile from the Summer colony of South Beach, Staten Island, where she was living with her parents. She apparently was the victim of an assault. A member of a party searching for the child since daybreak discovered the body. The slaying was the second of its kind in Greater New York within the past two weeks. Joan vanished yesterday morning while playing on the beach with other children. Her aunt, Mrs. Grace Le- sandi became alarmed and notified police. They found Joan's shoes in the sand. 5 <