Evening Star Newspaper, October 16, 1937, Page 1

WEATHER. (U. 8 Wexther Bureau Forecast.) Fair tonight and tomorrow; slowly ris- ing temperature; gentle tures today—Highest, 52, 34, at 6:30 am. Closing N.Y. Markets—Sales—Page 12 85th YEAR. No. 341 33 MINERS KILLED INALABAMABLAST ONE MAN SURVIVES Bodies Are Recovered Near Birmingham—Coal Gas Is Blamed. DETONATION IS HEARD 12 MILES FROM SCENE Crowd Huddles in Cold at Shaft Entrance—Rescue Workers Risk Death. By the Assoclated Press. ¢ BIRMINGHAM, Ala., October 16.— A terrific explosion killed 33 hope- lessly trapped men deep in Mulga coal mine near Birmingham early today. Rescue crews battled heroically through smoke and dangerous gases to bring out the blackened and mutilated bodies. Only one elbow of the mine was affected, and the remaining 350 workers at Mulga shuddered as they contemplated how narrowly their lives had been spared. If the blast had occurred near the mine entrance, all would have been trapped. Mangled, burned and battered, the bodies were brought up from the depths on coal cars. Approximately 500 spectators, including distraught Wwives, children and parents, watched the grim proceedings in horror. The detonation was heard in sec- tions of Birmingham, more than 12| miles from the scene. Fire Marshal Sam Williams blamed coal gas for the blast. Reaches Fellow Workers. Forrest Kelley, a miner, was first to reach his stricken fellow workers. “Some of them must have been killed by ‘black damp,’” he said. “They might have been saved if they had remained in a small pocket which ‘Was not demolished.” Many of the victims were covered by debris and identification was diffi- | cult. The grime-streaked rescue crews pulled their torn bodies from the wreckage of a working approximately « miles from the main entrance. One Escapes Death. One man, Ivan Fox, miraculously escaped death in the blast. He suf- fered major burns and was unable to tell of his experience. The bodies were taken to under- | taking establishments at Bessemer, 13 miles from here, where a list of the dead was being compiled. R. M. Marshall, vice president of | the Woodward Iron Co., operators of | the mine, said the victims were about equally divided between white and col- ored miners. The bodies were brought to the sur- | face at daybreak. Homes of the miners | were deserted, but State highway pa- | trolmen and BirmMngham police kept | the rural roads open. | Only one telephone .was available to hewspaper men and for emergency | calls, and conversations were limited | to one minute each. | In Isolated Region. Mulga lies in an isolated, mountain- ous region which includes the best | coal lands in Alabama. Its coal is used primarily for iron making, being | shipped to the Woodward blast fur- naces a few miles away. First news of the disaster came from a laconic call to police headquarters here, asking that several ambulances be sent, and for police to keep the | road clear. Rescue crews fought their way into the elbow despite warnings that a trip into the mine was extremely haz- ardous. Equipped with oxygen masks, & squad from the United States Bureau of Mines led the way into the elbow Where the victims lay. The hills about the mine shaft were covered with frost and the cold added to the suffering of relatives of the vic- tims. This disaster was the first of major proportions , in Alabama since the Overton blast in 1925, in which 54 lost their lives. Mulga is only a few miles from Dolomite, where 93 died in a dust explosion in 1922. . TUCKER IS NAMED PRESIDING BISHOP Head of Virginia Diocese Elected to Highest Post in Epis- copal Church. By the Associated Press. CINCINNATI, October 16.—Right Rev. Henry Saint George Tucker of ‘- Richmond, Va., Bishop of Virginia, was elected presiding bishop of the Protestant Episcopal Church today. A move to put the Protestant Epis- copal Church in the campaign against venereal diseases was initiated as the house of deputies approved and sent to the house of bishops for concur- rence these two resolutions: Indorsing the campaign of health organizations against syphilis and urging church members to co-operate in the dissemination of information for combating it, and Requiring couples to submit a physi- cian’s certificate. certitying they were {free of venereal diseases before they could be married by an Episcopal - minister. Both actions will be concurred in by the bishops, informed churchmen said. The convention voted to raise $300,- 000 for missionary and relief activities in China; said it was “appalled by the slaughter and suffering of noncom- batants in war-torn countries.” Five Flyers Killed. | State on Far Eastern affairs. | Hornbeck and Moffet will act as ad- | the delegation will sail from New York | thoz, the Belgian Ambassador to Wash- | | tions to restore peace in the Orient, | | that the American delegation will sail winds. Tempera- at 1 p.m.; lowest, Entered as second class matter post office, Washington, D. C. 36. Windsors’ Tour ch ‘WITH SUNDAY MORNING EDITION ¢ Foening Star WASHINGTON, D. C, SATURDAY, OCTOBER 16, 1937—FORTY-TWO PAGES. ## of America Is Expected to Begin Nov. 15 of Companion to The American tour of the Duke and Duchess of Windsor is expected to start about November 15. In keeping with Windsor's deter- mination to make his visit as a pri- vate citizen, the Associated Press said today that tentative—and extremely sketchy—plans call for the duke to come to this country in company with Charles E. Bedeaux, a New York industrial engineer. All engagements will be made in the name of the latter, and in his announced study of housing and work- ing conditions, the abdicated King' of England it is said will travel simply in the role of companion to Bedeaux. It was in Bedeaux's French chateau that Edward wedded the former Wal- lis Simpson of Baltimore last June. Some Government departments have heen approached regarding ap- pointments through which the erst- while monarch might meet experts quslified to direct his studies, but because of the duke's unusual status, officials are- chary about comment, feeling that word from the British Duke to Travel as Private Citizenin Role, Engineer Ouner of Estate Where He Wed. Embassy will be a necessary pre- requisite to any action. Embassy attaches said that although they have now learned officially that Windsor is coming to the United States, there has been no official notification that he is coming to Washington. “We know that his visit is private,” & spokesman said. “We know that he is a member of the royal family and will be treated as such. We have made no arrangements for a visit to Washington. We have not been asked to make any,” an embassy secretary said. The Gridiron Club has invited the duke to attend the Midwinter dinner, December 11. Should he reach here November 15, his visit would coincide with the opening of the special session of Congress. The Duke of Windsor, as Prince of Wales, twice visited the Capital, on both occasions under rather inauspi- cious circumstances. In 1919, Presi- dent Wilson was ill and could see him only briefly. In 1924, he was a lunch- eon guest of President and Mrs. Cool- idge, who still were in mourning after the death of Calvin Coolidge, jr. U5, T0 ATIEND FAR EAST PARLEY Niné-Power Treaty Confer- ence Group to Be Headed by Davis. The United States formally accepted today an invitation to participate in | the nine-power treaty conference over | the Far Eastern crisis at Brussels on | October 30 and designated Norman |H. Davis to head the Government's | delegation. Secretary Hull, in announcing the acceptance a few minutes after the Belgian Ambassador had delivered the formal invitation, said the delegation probably will sail the middle of next week. Other members of the American delegation were announced by Hull | as follows: Dr. Stanley Tornbeck, special po- litical adviser to the Secretary of J. Pierrepont MofTet,- chief of the State Department’s European division. Robert T. Pell, an attache of the European division, and Charles E. Bohlen, also attached to the European division. Hornbeck and Moffet Advisers, visers to Davis in the conference pro- ceedings. Pell will accompany the delegation as press officer and Bohlen will act as secretary. | The general expectation was that on the United States liner Washington next Wednesday. Count Robert Van der Straten-Pon- ington, delivered the invitation to Sec- retary Hull. g ‘This Government's intention to ac- cept, carrying out President Roosevelt's pledge of co-operation with other na- already had been announced. Probably Sail October 20. State Department officials indicated on the United States liner Washington from New York on October 20. “Peace by agreement” between China and Japan stood out as the primary objective of the United States at the conference. This policy, outlined yesterday by President Roosevelt at Hyde Park, N. Y.. will form the basis of instruc- tions to the American delegation. The President indicated plainly the United States intends to propose that the conference attempt to mediate the Sino-Japanese conflict by seeking an agreement between them to end hostil- ities and to strive for a peaceable ad- Justment of their difficulties. Presumably, such a move will have the support of other powers at the conference. In suggesting the parley, the League of Nations recommended that the nine-power treaty signatories seek a solution of the crisis “by agree- ment” before “examining other possi- bilities.” Subject of Speculation. How the two billigerents—and especially Japan—will regard such ac- tion by the conference, however, was a subject of wide speculation. The Japanese government is repre- sented unofficially as being unwilling to countenance any outside “interfer- ence” in the conflict. There even is doubt whether Tokio will participate in the conference. China will send representatives, but nformed observers say it is not likely to approve any substantial concessions to Japan as the price of a possible con- ciliatory settlement. These factors prompted much con- jecture here on what further steps the United States and the other confer- ence members might be prepared to sponsor should mediation efforts fail. The President, declining to venture any prediction, said significantly that it was sheer guesswork for any one to try to say now what America’s policy would be in the future. 140 KILLED BY BOMBS Chinese Officials at Hong Kong Report Extensive Raids. HONG KONG, October 16 (#).— Chinese official reports declared today at least 140 persons were killed in ex- tensive bombing raids of Japanese air ‘THE HAGUE, Netherlands, October 16 (#)—Five persons were killed to- day in the second serious crash of Dutch naval planes in the East Indies within three days. The accident hap- pened near the Island -of Banda, it ‘was said, but no further details were available here. ‘ 4 forces over wide areas in the southern provinces of Kwangtung and Kwangsi. Forty were reported killed and 100 wounded today at Skeklung, on the Canton-Kowloon Railway. Over 100 Chinese civilians were said to have been killed yesterday in a raid at Wu- chow, chief commercal city of Eastern Kwangsi. JAPAN REVEALS CHINESE GAS 50 Correspondents Look on as Chemical Corps :Aide Lectures on Shells. BACKGROUND— Already dominating vast area of China as result of undeclared war, Japanese troops threaten to com- pletely “scourge” Chiang Kai- shek’s forces and secure “peace” in Asia. Backwash of war has maimed China, wiped out progress made in score of years. Over $700,- 000 monthly would be needed to feed and house 1.000,000 refugees in Shanghai alone. Some 350,000 Jarmers in the Shanghai areas cannot harvest or plant. By the Associated Press. SHANGHAI, October 16.—Japanese suthorities staged a dramatic demon- stration today of alleged Chinese use of poison gas. Fifty foreign correspondents were assembled in the office of the Japanese consulate general to receive an an- nouncement which they had been told would be so momentous it had to be made on Japanese territory. They were shown a shell which emitted evil smelling fumes which .the Japanese asserted was phosgene smoke. Lieut. Col. Hajime Tani of the Jap- anese Chemical Corps declared the shell contained sufficient poisonous gas | to kill the entire roomful. Chinese reiterated their denial that | they were using poison gas. They de- clared a demonstration such as the Japanese gave would be possible in any high school chemical laboratory. (The Japanese foreign office in Tokio earlier had declared it had “indisputable proof” that the Chi- nese were using phosgene gas.) Seized in Surprise Raid. An official spokesman in Shanghai declared that six shells with unusual red markings were seized October 14 by a Japanese surprise patrol north of Shanghai. Tests, the Japanese declared, proved that the shells contained sufficient poison gas to cause asphyxiation under favorable conditions. Fumes arising from the quantity left in the exhibit, however, caused only a’slight head- ache. A spokesman said gas mask pre- cautions saved the Japanese from casualties. Questioned whether neutral experts participated in the tests of the al- leged Chinese shell, he replied that he considered the Japanese charge suf- ficient. Lieut. Col. Tani lectured professor- like, drawing chemical characters on & blackboard to illustrate explanations. Chinese Lines Holding. A Chinese spokesman declared re- newed attempts by the Japanese Army today to smash Chinese lines at Tazang, 10 miles north of Shanghai, were repulsed. He said a Japanese force failed in a flanking movement to cut off Chinese forces in the Chapei sector on the northern edge of the Shanghai International Settlement. He said two battalions of Japanese trying to cross a creek were caught (See SHANGHALI, Page A-11.) FIVE PERSONS DIE IN HEAD-ON CRASH Two Women and Small Boy Are Among Accident Victims Near Indiana Town. By the Associated Press. RUSHVILLE, Ind, October 16— Five persons were killed and another injured critically near here today in & head-on collision’ of a passenger automobile and a heavy' truck. Two of the dcad were identified from papers in their pockets as Ed- ward A. Beckett of Camp Point (Adams County), I, and John H. Hoke, also of Camp Point. Two women, believed to be the wives of the men, and a small boy also were killed. Estel Johnson of Indianapolis, driver of the truck, suffered a fractured skull and physicians said he may die. Rush County officials were unable to learn exactly how the accident occurred. The passenger automobile was traveling northwest. g All five of the dead were riding in the passenger ‘automobile and were killed instantly. Hoke was & one- armed man. The crash jammed the steering wheel of the truck against Johnson and he was pinned in the cab of his car, 45 SLAYER OF COUPLE DRIVES 30 MILES WITH THEIR BODIES Doctor and Wife, Killed by Youth, 18, in Maine, Driven to Jersey. WOMAN, 64, WAS DUPED INTO HUNTING HUSBAND High School Student Found Asleep at Wheel of Physician's Car Near Newark. By the Associated Press. NORTH ARLINGTON, N. J., Octo- ber 16.—The bodies of an elderly phy- sician and his wife, beaten to death with a hammer in Maine by a high school youth, Bergen County Prosecutor John J. Breslin said, and then dtiven leisurely through the New England States to New Jersey were found today in a parked automobile. The youth, Paul Dwyer, 18, of South Paris, Me., who had stopped the ma- chine with its gruesome cargo to get some sleep after his ride of approxi- mately 350 miles, confessed the double slaying. Breslin announced. ‘“Double murder,” he termed the case. The victims were identified by police as Dr. John G. Littlefleld, 67, and his wife, Lydia, 64, of South Paris, Me. The physician’s body was stuffed into a trunk on the back of the car. His frail wife was crammed under the rear seat. Find Made by Chance. It was only by chance that police stumbled upon the slayins. The youth, travel weary, was asleep at the wheel of the car, which he had parked in a vacant lot. Two patrol- men noticed him. Becoming suspicious, they awakened him and took him to headquarters for routine questioning about a sum of money in his pos- session. Another officer meanwhile started examining the car and the slayings were discovered. Chief of Police George Shippee said younz Dwyer, a junior in the South Paris High School, talked read- ily. When the finding of Mrs. Little- field’s body was reported to headquar- ters, Shippee said, the youth directed them to look in the trunk where the physician's body was discovered. The place the car was parked is not far from Newark and only several miles | from Jersey City and New York. Docter Is Choked. In Dwyer's own home, where the doctor had gone to examine him, the youth choked Dr. Littlefield and then beat him to death last Wednes- day after the latter “made a crack about my girl,” Shippee quoted Dwyer as saying. Cramming the physician's body into & trunk, Shippe said the boy placed it in Dr. Littlefield’s car and drove to his home. The chief said Dwyer then told him he induced Mrs. Littlefield to gather all the money she had and drive with him to Boston, where he told the woman her husband had fled “after killing two people.” Unknown to the gray-haired Mrs. Littlefleld, her husband’s body was in the very car in which they “searched” for him fruitlessly two days in Boston and Concord, N. H. Woman Becomes Suspicious. Then, as they headed back toward home yesterday, Mrs. Littlefield be- came suspicious and threatened to call a policeman at Graham, a community south of Portland, Me., the chief said. “Oh, no you won't,” Shippe quoted Dwyer as saying. The youth thereupon choked and beat the woman to death with the same hammer he used to kill her hus- baad, the police chief said. Taking her purse, containing $250 and some jewelry, he hid the woman’s body in the rear of the car and drove southward *“to get away,” Shippee quoted Dwyer as saying. While passing through New York City the youth ignored traffic lights in the hope “I would be arrested so I could get it out of my mind,” the police chief said. He entered New Jersey by way of the Holland Tunnel last night and, physically and mentally spent, fell asleep in the car. Breslin announced later that Dwyer (See SLAYING, Page A-11) _ UST TYO EXCPep g@ WBUSTRIAL Wiy LAV MAY SPED A COLLEGTNS Treasury Indicates It Will| Ask Legislation Expedit- ing Revenue Flow. BACKGROUND— Before Congress adjourned a | special committee was chosen from members of the House Ways and Means Committee to make a recess study of how best to revise the rev- enue machinery of the country. At the same time the Treasury itself began a parallel study. Action s not expected, however, before the regular session of Congress in January. By the Zssoctated Press. The Treasury probably will ask Con- | gress for legislation to speed the oper- | .ation of its vast tax-collection ma- chinery, officials said today. Harold N. Graves, one of the Treas- ury’s top-ranking red-tape clippers, | recently was assigned by Secretary Morgenthau to overhaul the Internal| Revenue Bureau. Authorities sald Graves probably would complete some recommendation | for speedier tax-collection procedure in the next few weeks. ‘Those proposals requiring changes in | the revenue laws would be submitted | to a House Ways and Means Subcom- mittee, they said, along with suggested | changes in various Federal taxes. Subcommittee to Meet. The subcommittee will convene No- vember 4 to go over the Treasury tax | suggestions. These will not be sub- | mitted until the regular 1938 session. One possible recommendation for simplifying tax collection methods, officials said, is that Congress permit more rapid settlement of differences between the Revenue Bureau and indi- vidual taxpayers. This might involve the creation of some “conference sys- tem” of arriving at direct understand- ings without routing cases through the Board of Tax Appeals. Another proposal reported under consideration, would give the internal revenue commissioner —authority to issue declaratory tax rulings in ad- vance of business transactions. Effect of Authority. If this authority were granted, & taxpayer could give the bureau details of a projected financial operation and could receive an accurate statement of what it would cost in taxes. On the administrative side, authori- ties said an effort will be made to check returns more promptly, and to inform taxpayers more fully and clearly regarding the reasons for addi- tional tax assessments. Summary of Page. Art - - B4 Amusements C-20 Auto Puzzle _A-11 Books Church News, B-5-6-7 Comics ..C-18-19 Editorials ... A-8 Finance A-12 Lost & Found C-11 WAR IN FAR EAST. Japanese offer “evidence” of alleged use of gas by Chinese. Page A-1 FOREIGN. Ttalians accept “partial withdrawal” of Woman's Pg.. B-8 Today's Star Trade Board hears Dr. Frank assail scarcity policy. Page A-14 Rush is on to file business privilege tax returns. Page A-14 Large entry list due in Halloween “queen” contest. Page A-14 Pennsylvania statute studied in “nui- sance” industry fight. Page A-14 School lunch program ready to get under way Monday. Page A-14 EDITORIAL AND COMMENT. Editorials. Page This and That. Page Stars, Men and Atoms. Page Answers to Questions. Page David Lawrence. Page Spain volunteers. Page A-1 Grand mufti of Jerusalem flees Brit- ish domination. Page A-11 NATIONAL. U. 8. accepts nine-power parley bid October 31. Page A-1 Slayer ‘drives bodies 350 miles in vic- tims’ car. Page A-1 Supreme Court considers telegram subpoena validity. Page A-1 Law to speed tax collection is sought by Treasury. Page A-1 Formal charge of tax fraud filed against Cadwaladers. Page A-3 Dr. Hektoen made executive director of cancer council. Page A-11 Grand mufti flees Jerusalem as Libyan Arabs act. Page A-11 WASHINGTON AND VICINITY. % Ramspeck would have wage-hour law affect only “chiselers.” Page A-2 Dr. Raymond T. Holden, long active here, dies suddenly. Page A-6 Attorney asks $15,000 from Mrs. * McLean, PageA-14 # H. R. Baukhage. Page Mark Sullivan. Page Jay Franklin. Page Lemuel F. Parton. Page SPORTS. Top rank grid teams average only 60 per cent wins. Page C-9 Four D. C. grid teams face tough test today. Page C-9 U, outmanned, spirited loser to Detroit eleven. Page C-9 Managerial berth due Lazzeri, released by Yanks. Page C-10 Base ball trade talk plentiful, cash is ; Page C-10 C. MISCELLANY. Vital Statistics. Shipping News. Nature's Children. Betsy Caswell. Dorothy Dix. City News in Brief. Traffic Convictions. Cross-word Puzzle, Bedtime Story. Contract Bridge. A-6 A-6 A-9 B-8 B-8 A-6 A-6 Page C-18 Page A-11 Page C-19 Letter-Out., PageC-18 P Art Campaign Every Walk The only in Washington wit! Associated Press News and Wirephoto Services. evening paper the Yesterday’s Circulation, 143,337 (Some returns not vet received.) ~. Penetrating of Capital Life Business and Professional Men Secure Prints—Two Colored Boys A ppear at The Star Booth. A snowball rolling down hill. SURVEY of The Star's art appreciation campaign showed today that it is penetrating into every walk of life in the Washington area. The campaign, begun Tuesday in collaboration with the Na- tional Committee for Art Appreciation, has gained momentum like a Old and young—rich and poor are taking advantage of the opportunity | to secure for the first time 48 reproductions of famous paintings, printed, by a newly-developed multi-color process and released in sets of four eachfl week for 12 weeks. A new and attractive booth, with a background of the first four paint- ings and samples of the accompanying - lessons in art appreciation by Dr.| Bernard Myers of New York Univer- sity, was constructed on the first floor of The Star Building to accommodate | those who come in person to secure their picture sets. Colored Boys Get Prints. Clerks or duty at the booth were impressed especially by the arrival of two small, poorly clad colored boys. With eagerness to get the works of the American masters which comprise the first set, they unrolled a quantity of pennies, nickels and dimes from a piece of newspaper and paid the nomi- nal price at which the pictures are available. A Federal Government clerk called at the counter for 15 picture envelopes and requested a receipt. He was buy- ing them for almost an entire office nearby. Several men and women who identified themselves as artists also were there. “This is a grand idea,” they said of the art appreciation cam- paign. The campaign was indorsed heartily by Mrs. Christian Heurich, 1307 New Hampshire avenue, who sent a check to cover the complete offering of 48 paintings and the following note: “I hope all Washington will become interested in art and take advantage of this campaign. I am sure you will be very proud of this good work when you see the results this campaign will reap. You will have done much for our city.” Many Mail Orders Received. While clerks at the counter were busy accommodating crowds often two and three persons deep in front of it, another force was busy addressing, stamping and sending out picture envelopes ordered by mall The money that accompanied one mail order was sewed inside the letter itself. Many mail orders contained letters commenting favorably on the program. Among the writers were local uni- versity, college and art school stu- dents and professional men, such as physicians, dentists and lawyers, who are securing the famous paintings for their offices. Swelling returns from the cam- paign on its fourth day were increas- ingly encouraging to its conductors. The art project continues mean- while along other lines, including educational institutions, women’s clubs and other organizations. Sister M. Florian, principal of St. Patrick’s Academy at 924 G street, said 10 teachers in the academy “are eager to take advantage of the offer made relating to the art appreciation work sponsored by your newspaper.” Demand for Better Art. Dr. Myers, noted art lecturer and author of the art appreciation les- sons, declares in the first lesson that America is becoming increasingly aware of a vital and stimulating form of leisure activity in the enjoyment of art. “Best-seller biographies of famous artists, motion pictures based on their lives, timely articles in magazines commemorating their anniversaries, color reproductions in various types of periodicals, all point to a greater awareness of and demand for more and better art,” said Dr. Myers. “For & long time the better maga- zines' have fostered modern French painting. Today many are turning toward the art of our own country. Special organizations .have been formed to distribute inexpensive etch- ings and color prints representing America to the general public. With the encouragement and aid of the National Government American art has made tremendous strides forward, and more people than ever before are seeing murals and miscellaneous ex- hibitions by native artists. “But for the average man or woman the question still remains, ‘What is the place of modern American art in the general tradition, and what i its intrinsic importance?’ " A JISTICES CONSIDER WIRES' SUBPOENAS Action Involving S. E. C. Rouses Speculation Over Challenge on Black. BACKGROUND— Hugo L. Black, then a Senator, gained his greatest fame when his Lobby Investigating Committee in 1935 seized telegrams which it thought would aid its inquiry. The District Court of Appeals ruled that a Senate committee lacked this right of seizure. The telegram case which comes before the Supreme Court mow with Justice Black a member is somewhat different. By the Associated Press. Supreme Court justices met today | to decide whether to pass on litigation | involving the right of the Securities Commission to subpoena telegrams. This case produced speculation over whether Justice Black would par- ticipate and, if so, whether attorneys would have grounds for challenging the decision. As chairman of the Senate Lobby Committee, Black aroused criticism in some circles in 1935 by using tele- grams obtained by the Communica- tions Commission which had been sent and received by persons under in- vestigation. Those attacking the Securities Com- mission subpoenas in the Supreme Court were the Ryan Florida Corp. of Tampa, Income Royalties Co. of St. Petersburg and Florida Tex Oil Co. of | St. Petersburg. ‘They contended the commission's action was “an exploratory search for evidence” and “constituted an un- lawful search and seizure.” The Western Union and Postal Telegraph companies were not re- quired to produce the telegrams pend- ing disposition of the litigation. The Fifth Circuit Court of Appeals upheld the subpoenas issued under the 1933 “truth in securities” act, which required registration of proposed is- sues of stock with the Securities Com- mission. Effect of Decision. That decision will remain in effect if the Supreme Court denies a re- view. If it consents to pass on the controversy there will be arguments followed by a written opinion. This lower court opinion was one of about 30 placed before the justices for consideration at the regular Satur- day afternoon conference. Action in all probably will be announced Mon- day. (};ne of the others involves an at- tack by the Jeffery-Dewitt Insulator Co. of Kenova, W. Va., on an order by the National Labor Relations Board holding the company guilty of unfair labor practices under the Wagner Labor relations act. The company lost in the Fourth Circuit Court of Appeals. During the last week Black has sat with the court daily listening to attorneys argue various cases. Al- though all the other justices asked frequent questions, Black remained silent. No opinions are expected until No- vember 8. MERCURY UP TO 47 ‘The temperature dipped to 34 de- grees here at 6:30 a.m. today and then began to rise slowly, reaching 47 de- grees by 10 am. The Weather Bureau promised the mercury would continue upward over the week end, with falr weather today and tomorrow, v TWO CENTS ITALIANS AGCEPT SPAIN VOLUNTEER REMOVAL PLAN Partial Withdrawal Scheme to Isolate Civil War Pledged by Grandi. LONDON PARLEY ENDS AFTER ENVOYS SPEAK Subcommittee on Non-Interven- tion to Reassemble After Governments Act. | By the Associated Press. LONDON, October 16—Count Dino Grandi, Italy's delegate, told the non- intervention subcommitt-e today that Italy “accepts the proposal for par- tial withdrawal of a certain num- ber of volunteers” from the Spanish civil war. The nine-power subcommittee ad- journed until early next week after hearing statements by the British, French, Italian and German mem- bers. The nine diplomats, meeting in a tense atmosphere created .y British Foreign Secretary Anthony Eden's demand for prompt action, heard the Italian delegate promise his coun- try’s “loyal and firm desire to co- operate.” The main question before the meet« ing was that of withdrawing foreign volunteers—especially ~ Italian—from the Spanish war to remove the prin- cipal source of danger that a gen- eral European conflict would emanate from Spain. Equal Withdrawals Demanded. The adjournment, to consult the governments represented, came after the Earl of Plymouth and Ambassa- dor Charles Corbin had presented the British and French proposals for getting foreigr. warriors out of Spain. Competent diplomats said there were about 100,000 Italians in the Spanish insurgent armies now, com- pared with 15,000 foreigners of vari- ous nationalities fighting for the Spanish government. Thus, any withdrawal “in equal number,” as Count Grandi proposed, would leave most of the Italians still fighting for Insurgent Generalissimo Francisco Pranco, these diplomats said. They said this was why the French demanded the withdrawal from both sides be in proportion to the number of volunteers which each side has. In offering co-operation Count Grandi, however, specified that with- drawals must be “in equal quantities from both sides.” This, he said, was to be regarded as “a substantial beginning of the application” of the British plan for evacuation of foreign volunteers from Spain. The British and French spokesmen again pressed all members to urge speedy action on their governments. The next meeting was flxed for Tuesday, October 19. Count Grandi suggested that both Spanish factions be approached for their views concerning withdrawal. Take Dig at Eden. The Italian, although agreeing to a “token withdrawal” under the condi- tions of the British plan, took a dig at Eden for his strong speech at Lland- udno, Wales, last night, in which the British foreign secretary warned of grave consequences if quick action on the volunteers question was not forth- coming. In an obvious reference to Eden's statement that British patience was “well nigh exhausted” by “proclaimed intervention” in Spain—evidently re- ferring to Italian support of the in- surgents—Count Grandi said: “I am wondering whether statements which I have just read in the morn- ing papers, as far as they appear to reflect the foreign policy of Great Brit- ain, are actually likely to help the work of our committee and above all the cause of the non-intervention policy.” The Italian also took occasion to protest against “the intolerable abuse” of neutral flags “by vessels carrying prohibited war material to the Spanish Reds (government) and even by ships belonging to the Spanish Reds.” Belligerent Rights Demanded. Prominent in Count Grandi's speech was a demand that belligerent rights be accorded insurgent Generalissimo Francisco Franco’s regime. For France, Corbin insisted this could not be granted until volunteers were being withdrawn “in a satisfactory manner.” The conflict between Italy and So- viet Russia, which has punctuated the history of the Non-Intervention Com- mittee with frequent crises, arose again. Count Grandi, in an evident slap at RED CROSS DRIVE ENDS AT MIDNIGHT Chairman Issues Urgent Appeal for All Workers to Report Memberships. Chairman Marcy L. Sperry issued an urgent appeal to the Red Cross roll call workers this morning to re- port their memberships to head- quarters, 1601 I street, today. The drive for 75,000 members ends this midnight. Sperry said that while only 60,190 memberships have been reported, he is confident the volunteer workers already have the necessary remaining 14,810. He wants them reported, how- ever, so that he can announce at- tainment of the goal today and not have the reports strung out during days following the roll call end. Sperry said the headquarters would be open today as long as reports con- tinue to come in. Several hundred members joined by telephone during the early hours today because of a Red Cross broadcast over Station WJSV by Arthur Godfrey froms 1 am. to 7am. K ]