Evening Star Newspaper, November 8, 1937, Page 1

WEATHER. (U. 8. Weather Bureau Forecast.) Cloudy and warmer tonight followed by rain late tonight and tomorrow; lowest temperature tonight about 54 degrees; colder tomorrow. Temperatures today— Highest, 72, at 2 p.m.; lowest, 47, at 6 am. Closing New York Markets, Page 18 85th YEAR. No. 34,1 Full report on page A-12. Entered as second class matter z 59. post ofice, Washington, D. C. b WASHINGTON, D. C, MONDAY, NOVEMBER 8, 1937—THIRTY-SIX PAGES. DELBOS WILL VISIT * ALLIES OF FRANCE ON ANTIRED PACT * Effects Will Be Discussed With Little Entente and Poland. BID TO CZECHOSLOVAKIA TO SIGN TREATY LOOMS Warsaw Adherence to Italo-Reich- Japanese Agreement Also Seen a Possibility. BACKGROUND— German-Japanese agreement to Aght Communist International by eo-operative police action broad- ened to include Italy Saturday with signing of protocols in Rome to make Il Duce’s government a Jull-fledged member of the entente. Rome Fascists declare agreement has wider implications than the struggle against Communism, and cite the combined naval and mili- tary forces of the three nations as the eflective strength of the combination. By the Assoctated Press. PARIS, Nov. 8—The foreign office disclosed today that Foreign Minister | Yvon Delbos has completed plans to visit Poland and the Little Entente nations to discuss the effects of the anti-Communist pact signed Saturday by Germany, Italy and Japan. He will leave, it was said, as soon as the Brussels conference on the Far Eastern conflict ends. This will be the first visit of a French foreign min- ister to France's Eastern Europe allies since the late Louis Barthou made his trip in April, 1934. Yugoslavia, Czechoslovakia and Rumania make up the Little Entente. Reports here mentioned the pos- sibility of Poland joining the anti- Communist pact. Bid to Czechoslovakia Seen. It also was reported in diplematic eircles that Germany soon would ex- Missing Boy’s Body Is Found In Shallow Creek Near Home; 24-Hour Virginia Hunt Ends WILLIAM HERSHBERGER. By J. A. FOX. Staff Correspondent or The Star. ‘WARRENTON, Va., Nov. 8—The 24-hour search for 2-year-old Wil- liam Thomas Hershberger ended this afternoon when his body was found in a shallow creek where he had drowned within sight of his home. While hundreds of men and boys were searching miles of woods in the | | vicinity of Opal, 7 miles south of here, where the child’s parents reside, D. E. McClanahan, a Winchester truck | driver, who was walking along the branch, saw the body half hidden by | tangled honeysuckle vines. His shout | brought other searchers to the scene |and the little body was pulled from | the water. The child was in the habit of cross- | ing the brarch to visit his grand- parents, Mr. and Mrs. Thomas Ryan, who live on a farm adjoining that of the child’s parents, Mr. and Mrs. John D. Hershberger. Apparently the child had slipped in crossing the branch, which is a little more than a foot deep at that point, and, becoming entangled in the heavy growth of honeysuckle vine, he had drowned before his absence from home was discovered. The child’s father was at the scene | when the body was recovered and was led away by friends to the mother, who already had been advised of the discovery. In the 24 hours since the child dis- appeared yesterday morning, search- ing parties have covered every foot of the woods in the vicinity of the Hershberger home and several times (See MISSING BOY, Page A-5) tend an invitation to CzechosmvakmEz5 m ]APANESE in the belief that, the nation which ! the Nazi-Fascist press calls fusal to join would give any German intervention in Czechoslovakia the ap- pearance of self-defense. | Diplomatic circles said France would try to strengthen her friendship with | the United States and Great Britain | because of the pact. It could cover “almost anything,” | & foreign office spokesman said, and | added that France would follow & ‘wait-and-see policy. “We can'’t tell how strong the pact | Is until we see how it operates,” the | spokesman said. { Some diplomatic quarters held that | France planned to point out to the United States the danger of the agree- | ment splitting the nations of North | and South America into opposite camps—(if the anti-Comintern na- tions sought co-operation from Latin | American nations). | One of the foreign office’s biggest | ‘worries was Yugoslavia’s reaction. The newspaper of Premier Milan Stoyadi- | novitch commented favorably on the | agreement, leading to French fears| that the Little Entente alliance with France might be shattered. Officials | also expressed fear Germany might attempt to intervene in Czechoslovakia. | Despite the assurances of Count | Galeazzo Ciano, Italian foreign min- | ister, that there were “no secret aims” | to the pact, reports persisted in both | the French press and diplomatic quar- ters that there were secret military clauses. This belief was strengthenad by the joint maneuvers of German and Italian warships in the Mediterranean. Russians Ask Explanation. ROME, Nov. 8 (#).—The Soviet Am- | bessador asked Italy today to explain the anti-Communist pact which Italy signed Saturday with Japan and | Germany. Russian quarters said they expected | Moscow to react against the accord | and hinted that Russian oil supplies now sent to Italy might be stopped. In a strange aftermath to signing of the pact, Japanese Ambassador Masaaki Hotta and German and Italian diplomats yesterday attended the Soviet Embassy’s reception in honor of the twentieth anniversary of the Bolshevist revolution. TELEVISION RECEIVER ON SHIP IS SUCCESS Pictures Broadcast to Liner “Ex- traordinarily Clear,” Cap- tain Reports. By the Assoclated Press. NEW YORK, Nov. 8.—Successful Teception of television broadcasts by & liner at sea was reported today by Capt. A. T. Brown of the Cunard White Star liner Britannic. Capt. Brown said the experiments, believed the first of their kind cver attempted, were performed October 29, 30 and 31, after the ship sailed from London. The experiments were conducted by engineers of the British Broad- casting Corp., who set up their re- ceiving equipment in a vacant cabin. Capt. Brown said the Britannic, until it left the English Channel. was never more than 30 miles off shore. “The pictures were extraordinarily eclear and the sound was perfect,” he said. “They broadcast special programs from Alexandria Palace, in London, and the reception on the ship seemed excellent. “The pictures were reproduced on & screen gbout 10 by 12 inches. It Was as distinct as if they'd been send- ing it from the next.cabin.” “the | advance post in Europe” would be | forced to join in the agreement or be | branded as a Communist ally. Re-| INDANGEROF ThAP Chinese Counter-Attack Against Move to Ring Shanghai. BACKGROUND— | Siege of Shanghai, now nearing end of third month, with large portion of city still in hands of | Chinese, but with Japanese forces gradually forcing them to forsake second line defenses on Soochow Creek running west of Interna- tional Settlement and French con- cession. Japanese attempting to encircle Shanghai with force of 25,000 landed at Hangchow Bay, south of beleaguered city. Capture of Taiyuanfu, in North China, re- ported. By the Associated Press. SHANGHAI, Nov. 8.—Chinese de- clared tonight they had launched a counter-offensive to isolate a Japa- nese force south of Shanghai, esti- mated at 25,000 men, from its landing base on the seacoast. Severe fighting broke out both south and west of Shanghai. More than 200 passengers were | killed or injured, the Chinese ministry | of railways in Nanking said, when six Japanese pianes destroyed seven coaches of a southbound Tsinan- Pukow express train at the Sishihpo station about 150 miles northwest of Nanking. The ministry declared the train carried no troops. In Chekiang Province, to the south of Shanghai, Chinese declared they had repulsed a surprise Japanese thrust toward Shanghai from the Hangchow Bay area. Japanese reported advances south of Soochow Creek, on the western edge of Shanghai’s International Set- tlement. Chinese reinforcements rushed to Sungkiang, a vital point in the Chi- nese defenses against which one of three Japanese columns was striking from the south. Vanguard Forced Back. Another Japanese column, Chinese army communiques reported, was held on the far side of the Whangpoo River from Shanghai when Chinese defend- ers forced a vanguard back across the stream at Minhang, 15 miles south of Shanghai. Chinese asserted that not only were their positions on the north side of the Whangpoo secure against the Japanese offensive but also that the attackers were in danger of being cut off from their shore base by a Chinese flanking operation. Some Japanese officials said a fly- ing column severed the Hangchow- Shanghai Railroad near Sungkiang, but the official Japanese spokesman tonight said he had no authoritative reports. The railroad is a main chan- nel of Chinese communications from Shanghai to the southeast. Chinese units from the Kashing- Kashan area, about 45 miles south- west of Shanghai, were reported to have routed Japanese from Chang- yen. On the front south of Soochow Creek and west of Shanghai’s French Concession, Japanese asserted that 4,000 Chinese were retreating under intense aerial and artillery bombard- ments froru the area between St. (See SHANGHAI, Page A-4) MPRREST Sentenced for Espionage. MARSEILLE, France, Nov. 8 (#).— A military court today sentenced Vic- torian Mao and his wife to 10 years in prison for espionage, and to exile from France for 20 years after the sentenoe has been served. Laurent Galangau and his wife were sentenced to five ; years as accessorjes. 1 FOELTY PAYHENT 0 5% PREDTED Distribution by Christmas Seen by 0’Connor as Pe- + tition Is Filed. BACKGROUND— Settlement of Fidelity Building & Loan Association affairs has been hanging fire jor more than a year, megotiations for sale of its assets to new First Federal Savings & Loan Association apparently be- ing deadlocked several times before agreement finally was reached. Fidelity closed its doors in July, 1936. Distribution of an 85 per cent divi- dend to shareholders of the closed Fidelity Building and Loan Associa- tion - before Christmas, either in the form of cash or in shares of the new First Federal Savings and Loan As- sociation, was predicted today by Con- troller of the Currency J. F. T. O’'Con- nor. The controller made his announce- ment in the form of an official state- ment after the receiver, James H. Nolan, had filed a petition in District Court submitting a proposed sale of assets of Fidelity to the new First Federal. Justice Daniel W. O'Donog- hue, at the request of Mr. Nolan’s at- torneys, fixed November 22 as the re- turn date for hearing and considera- tion of the sale. “If and when the sale is approved,” the controller said, “immediate steps will be taken to complete the trans- action, and it is anticipated that within a few days after approval by the court the 85 per cent dividend to the shareholders will be available for distribution. The 85 per cent divi- dend, under. the proposgd contract, will be payable either in shares of cor= responding amount in the new asso- ciation or in cash, at the option of the shareholder.” O’Connor Pleased Personally. Mr. O'Connor expressed - his per- sonal gratification over the successful conclusion of long-drawn-out nego- tiations in the Pidelity case. Ampli- fying his formal statement in an in- terview, the controller said that un- less the proposal were blocked some- how in the court from some source of which he had no kiowledge, there would be no question but that the dividend could be distributed before Christmas. “The completion of this sale,” said Mr. O'Conner’s statement, “will be the culmination of serious and earnest efforts to work out a solution of the problems presénted by the receivership of the eold association, and it has been made possible by the hearty and generous ,co-operation of the Federal Home Loan Bank Board and the rep- resentatives of the new First Federal Savings & Loan Association of Wash- ington. “Upon the approval of the sale by the court, all shareholders will be notified and instructions will be issued concerning the distribution of the pro- posed dividend.” Setting of November 22 as the re- turn date was suggested by George P. Barse, general counsel of the Treasury Department’s Division of Insolvent Banks, who told the court “there may be some objection to the sale.” The reorganization of the old Fi- delity by means of the sale to the First Federal of its assets has been approved by the controller of cur- rency and the Federal Home Loan Bank Board, through whose facilities the Pirst Federal was formed. Shareholders in the new instituf will be insured up to $5,000 for each investor by the Federal Savings and Loan Insurance Corp. | tuture, ‘WITH SUNDAY MORNING EDITION PRESIDENT GALLS AIDES T0 DISCUSS BUDGET AND RELIEF Hopkins and Economists Will Meet Today at White House. VIEWS OF CONDITIONS SOUGHT BY ROOSEVELT Determined No One Shall Starve. Conference One of Series Planned in Winter. By J. RUSSELL YOUNG. President Roosevelt called Harry Hopkins, Public Works Administrator, and economists from three Federal agencies to the White House this after- noon for a discussion of general eco- nomic conditions and their relation to the budget and unemployment relief. Leon Henderson, chief economist of the Works Progress Administration; Isador Lubin, chief economist of the Labor Department, and Lauchlin Cur- rie, chief economist of the Federal Reserve System, were to join Mr. Hop-~ kins in the President’s office. In announcing the conference, it was said at the White House that Mr. Roosevelt has been making an in- tensive study of economic conditions, particularly sh{ce the recent stock market collapse, and his purpose in talking with the economists today is to obtain their first-hand opinions, as well as interpretations of figures and statistics. The President intends to obtain from the economists their viewpoints | on both the present situation and on what may be anticipated in the near particularly regarding the business situation and the needs for relief. Considers Study Essential. The President has let it be known he considers this study essential in shaping his budget estimates for next year, as well as working out a general economic program for his admin- istration. According to the White House, to- day’s conference is one of a series to be held throughout the winter. Realizing that Winter is nearly here, and that it will bring much human suffering, the President is determined to continue his policy of “no one shall starve.” Today's conference is the result cf a conferencé recently held by the President with Mr. Hopkins at Hyde Park, where the P. W. A. administra- tor presented figures and facts deal ing with the sconomic. situation greatly aroused the President’s in. terest. Learning from Mr. Hopkins that these | figures and facts were produced by W. P. A. statisticians, the President de- cided it would be well for him to talk personally with these experts, as well as economists from other branches of the Government. Preparatory to meeting with the economists this afternoon, the Presi- dent conferred with Secretary of the Treasury Morgenthau, who was his luncheon guest, and with Daniel Bell, acting director of the Bureau of the Budget. During the brief intervals in his | work today Mr. Roosevelt applied him- self to drafting the message he will transmit to Congress when it convenes in extraordinary session next Monday. The President has been at work on it for more than a week and devoted the greater part of yesterday to this task. Among the President’s callers today was Edward McGrady, who recently resigned as Assistant Secretary of La- bor to take charge of labor relations for a large corporation. . GOV. RIVERS’ MOTHER BONDED IN SHOOTING Deputy Says She Has Admitted Firing on Alderman After Arkansas Row. By the Associated Press. NASHVILLE, Ark, Nov. 8.—Mrs. R. C. Kelly, 66, mother of Gov. E. D. Rivers of Georgia, today faced a charge of assault with intent to kill. Prosecuting Attorney Byron Good- son charged Mrs. Kelly shot J. R. Page, alderman and former railroad section foreman, in the abdomen last Wednesday at nearby Mineral Springs. He is in a serious condition. Deputy Sheriff J. G. Reese said Mrs. Kelly told him of a “disagree- ment” with Mr. Page, and had ad- mitted firing a pistol through her front door when Mr. Page came on the porch. She lives alone. She was served with a warrant yesterday, waived preliminary hearing and post- ed $500 bond, pending the grand jury session in February. Deputy Reese, describing himself as a lifelong friend of the family, said Mrs. Kelly, twice married and twice widowed, was the former Mrs, J. M. (Annie) Rivers, mother of Gov. Rivers. The Georgia Governor was born and reared in this section. In Atlanta Gov. Rivers said today, “Sheriff Dildy (C. A. Dildy at Nash- ville) informed me by long-distance telephone that my mother was entirely justified in her home against the forcible intrusion and that Page, on his hospital bed, admitted he was at fault and had no desire to pros- ecute.” “PEACHES” FILES SUIT FOR DIVORCE IN RENO By the Associated Press. RENO, Nev., Nov. 8. —Mrs. Frances B. Hynes, the former “Peaches” Browning, filed suit today to divorce Bernard J. Hynes, Denver theater operator. She charged cruelty. Mrs. Hynes, whose first husband Edward W. “Daddy” Browning of New York, was married to Hynes at Tucka- hoe, N. Y., Pebruary 24, 1934, Property or alimony matters were not at issus in the divorce ease, | ¢ Foening SHtar =~ H/ THESE MAY NOT APPEAR IN HANK WALLACE'S "MUM SHow -~ But,0H BOY! i NOT IN THE ANNUAL 7, i [ e The only evening paper in Washington with the Associated Press News SATURI 'S Eircuation, ® 137,694 and Wirephoto Services. SUNDAY'S Cirenlation, 153,390 (Some returns not yet received.) ¥%% ( Means Associated | = iy I 2 'MUM SHOW AT THE MALL GREENHOUSE. NEWU.5.ACT SEEN FOR LABOR PEACE Roosevelt Talk With Mc- Grady Points to Further Federal Moves. By JOHN C. HENRY. New administration intercession in behalf of unity in labor’s ranks was seen as a possibility today as Presi- dent Roosevelt conferred for more than an hour with Edward F. Mc- Grady, former Assistant Secretary of Labor. As the White House meeting was in progress, John L. Lewis, Committee for Industrial Organization chairman, m>t in lengthy conference with the Negotiating Committee of his group prior to its return to the Willard Hotel for today’s session with the conferets of the American Federation of Labor. Emerging from his conference with | the President, Mr. McGrady admitted discussing the general labor situation, but declined to say he was in Wash- ington for the specific purpose of aid- ing current peace efforts. The former Labor Department official, who was | known principally as a successful | mediator during his term in that de- | partment, said he probably would make “social calls” on leaders of the two fighting factions. Although no announcement of the nature of their deliberations with Mr. Lewis was made by members of the understood they were weighing the concessions already offered by the A. F. of 1. In this respect, the Federation has indicated it might turn over cer- tain major industries exclusively to the C. 1. O. group. The latter thus far has not receded from its insistence that it remain a completely autonomous faction, with exclusive organizing rights in virtually all of the Nation's great industries, such organization to proceed entirely on a vertical union basis. ROSS IS INDICTED IN DAVIDSON DEATH Trial on First-Degree Murder Charge Set by Judge for December 1. By the Associated Press. FREDERICKSBURG, Va., Nov. 8. —An indictment charging murder in the first degree was returned by a Stafford County grand jury this morn- ing against Walter L. Ross, United States Marine, held in connection with the ceath of Elmer J. Davidson, 52- year-old Washington lawyer. Trial of the youth, said by defense counsel to be 17 years old, was set by Judge Frederick W. Coleman for De- cember 1 at Stafford Court House. Comonwealth’s Attorney G. B. ‘Wallace, who will prosecute the case, will be assisted by W. W. Butzner, prominent local attorney, who has been retained by friends of Davidson. The prisoner, who is being held in the local jail, will not be arraigned until the date of trial Jobless Ranks Of Unions Grow, A.F.of L.Finds By the Associated Press. The American Federation of Labor reported today that employment among its members dropped last month —the first October drop since 1931. “Our weighted figures for unemploy- ment of union members, which had showed no gain whatever in employ- ment since July, now show an actual decline,” the report nl;i.s e “The figure showing 9.3 per cent of the membership unemployed through the summer months rose to 9.4 per cent unemployed in October. “While this seems a small change, actually the figures are a very im- portant barometer. October is normal- ly the peak month of the fall busy season and employment has always in- creased from August to October, except during the severe business declines of the » depression.’ The federation also reported fts October 31 membership as 3,376,771, & #ain of 936,185 over August 31, 1936 | C. L O. Negotiating Committee, it was | Man Fined $10 For Forgetting His Jury Duty St ecial Dispatch to The Star. ROCKVILLE, Md., Nov. 8—~Wash- ington I. Cleveland of Kensington, president of the Montgomery County Civic Federation and manager of the District Motor Club of the American Automobile Association, is such a busy man he forgot to report for duty as a juror in Montgomery County Circuit Court today. When he remembered and hurried to the court room the grand jury al- ready had been selected. Judge Charles W. Woodward, after hearing Mr. Cleveland’s explanation that he was 50 busy he overlooked his duty to appear in court at 10 o'clock with the othe. 47 men drawn for the November term, said he realized the civic worker Was a very busy man. He imposed a fine of $10, which Mr. Cleveland promptly paid. Court attaches said Mr. Cleveland would not serve as a juror during the current term. | DOLLAR 1S DOWN, - STOCKS OFF §1-§2 Quotations Wobble as Trad- ers Try to Predict Future of U. S. Money. | By the Associeted Press. NEW YORK, Nov. 3.—A movement of footloose capital from New York to Europe turned the world’s financial spotlight on the dollar today. On the New York Stock Exchange share prices sold off, then rallied half- heartedly as Wall Street traders tried to appraise the chances of more moves in Washington bearing on the dollar's worth in gold. ‘With many shares close to the 1937 lows touched October 19, the stock market found substantial buying sup- port after heavy selling at the opening had carried prices down $1 to more than $2. In London, Armsterdam and Paris, markets were in retreat before dealings started here, with traders everywhere trying to read the dollar’s future. Commodity quotations were rather wobbly. After midday announcement of an- other big drop in steel production chilled the market and share prices drifted down from the forenoon rally tops, led by steels. Offerings were small, compared with recent selling drives and trading turned dull. | Summary of Page. Amusements B-16 Comics _.B-14-15 Editorials -..A-10 Finance -.._A-17 Lost & Found B-11 Obituary .--A-12 WAR IN FAR EAST. Chinese strike to trap 25,000 Jap- anese. Page A-1 FOREIGN. Delbos will visit allies of France on anti-Red pact. Page A-4 Russia’s presence at parley may be peace bar. - Page A-4 Blum makes appeal to party to pre- serve front. Page A-4 NATIONAL. President calls economists to White House parley. Page A-1 Largest cotton crop in history seen for this year. Page A-1 Justice Black delivers his first Su- preme Court opinion. Page A-1 Borah calls for action on anti-trust legislation. Page A-2 Wallace repeats plea for ever-normal granary. Page A-2 WASHINGTON AND VICINITY. Hershberger boy's body found in creek near home. Page A-1 Members of D. C. families unreported Pass fraud cl jed In gra: tn:“btfll. Page A-5 Admiral Leahy hits undermanning of U. 8, Fleet in report. Page A-5 Mass meeting tonight to usher in Chest campaign. Page B-1 Allen made director of President's Birthday Committee. Page B-1 Twelve persons injured in week end traffie accidents. PageB-1 { Page. Sports A-14-15-16 Radlo Short Story .B-11 Society ----..B-3 ‘Woman’s Pg. B-10 1937 COTTON CROP BIGGEST INHISTORY 18,243,000 Bales Reported by U. S. Officials—Mar- ket Drops, Recovers. By the Associated Press. The Department of Agriculture re- ported today this year's cotton crop is 18,243,000 bales of 500 pounds each, the largest crop in history. After the release of the figures prices dippea about 75 cents a bale on the New York Cotton Exchange, then turned and recovered most of the loss. The rally was credited to trade buy- ing. The recovery, after December | hed fallen to 7.53 cents a pound and March to 7.65, was thought inspired in part by the influence of the Gov- efnment loan program, which offers on cotton of 7-inch middling lesser amounts on lower grades. The forecast, however, added to dif- ficulties of Government leaders at- tempting to shape a new farm pro- gram for the special session of Con- gress. Forecast Totals Increased. Government estimators said the record production was indicated by November 1 conditions. They in- creased their forecast totals on the 1937 crop for the fourth consecutive month. The new estimate was 670,000 bales above the indicated production a month ago, 2,650,000 bales larger than the first 1937 estimate in August and 5,844,000 bales above last season’s production. If realized, the 1937 crop would be 265,000 bales more than the previous largest crop of 17,978,000 bales in 1926. The only other time cottcn production exceeded 17,000,000 bales was in 1930, Farm Administration officials who joined reporters in a locked room where the Government Crop Board announces its estimates were silent about the new forecast. After the cotton estimate was re- vised upward about 1,500,000 bales last month, Secretary Wallace reduced by 2,000,000 acres the cotton goal under next year's soil conservation benefit program. amd Acre Yield Up. The Crop Board also increased its estimate on the average yield to 258.8 pounds an acre for the entire cotton belt. This topped all previous yields. The board’s only comment was that most of the remaining ygpicked cot- ton was “open and subject to weather damage.” . Today's Star New Citizens’ Federation head prom- ises fight for D.C. vote. Page B-1 EDITORIAL AND COMMENT. Editorials. Page A-10 This and That. Page A-10 Answers to Questions. Page A-10 ‘Washington Observations. Page A-. David Lawrence. Page A-11 H. R. Baukhage. Page A-11 Dorothy Thompson. Page A-11 * Pertinax. Page A-11 Lemuel Parton. Page A-11 SPORTS. National, sectional races little changed by upsets. Page A-14 Only 17 grid teams in U. 8. still un- beaten, untied. Page A-14 White of Colorado near top as grid scorer. / Page A-14 Soph stars to add glamour of Hoya- ‘Terp rivalry. Page A-15 Packers, Redskins near lead in pro grid league. Page A-15 Six Nationals go to Chattanooga to complete deal. Page A-16 FINANCIAL, Bonds ease (table). General Motors sales jump. Stocks recover after drop (table). Curb list down (table). Dollar drops at London. MISCELLANY. Page A-17 Page A-17 Page A-18 Page A-19 Page A-19 Page A-6 Page A-6 Page B-6 Page B-10 Page B-10 Page B-11 Page B-14 Page B-14 Page B-15 Press. TWO CENTS. BLACK DELIVERS HIS FIRST OPINION; FOES SEENBEATEN Gives Views on Minor Case After Levitt Renews Re- moval Attempts. IOWA ALLOWED TO TAX INCOME FROM CITY BONDS Ruling May Be Handed Down To- day on Concerns’ Plea in Seiz- ure of Business Telegrams. BULLETIN. A petition by three Florida in- vestment concerns asking the Su- preme Court to bar Associate Jus- tice Black from considering an appeal by them on the ground that gfowers advance of 9 cents a pound | he is prejudiced was denied today. The justices also indicated they will not review a decision of the Third Circuit Court of Appeals branding as illegal a sit-down strike in the Philadelphia plant of the Apex Hosiery Co. The court directed the union of hosiery workers, which had appealed ‘the decision, to show on December 6 why their cause is not moot. Pre- sumably, this action was based on the fact that the strike at the Apex plant has been settled and the sit-downers have evacuated the premises. By JOHN H. CLINE. Associate Justice Hugh L. Black, whose appointment to the Suprem Court is still under fire, today de ered his first opinion as a member of the high tribunal—a step which indi- cates there is little likelihood that pending attacks on the legality of his appointment will meet with success. The fact that the new justice has now taken officials action as a mem- ber of the court indicated to most ob- servers that those contesting his ap- pointment can hope for no greater success than the disqualification of Mr. Black in a particular case. After Justice Black had delivered his opinion, Justice Cardozo an- nounced a 6-to-3 decision holding that the State of Towa could tax the income from municipal bonds issued within the State, although the State law exempted these bonds from tax- ation. The majority of the court drew a distinction between a tax on bond: | and a tax on interest from the bondz which was sharply citicized m the | dicsenting opinfon by Jistices Sutkar land,- MeReynolas and Butler, - T court made it clear its opinion was confined to the Iowa case, and there was doubt whether the reasoning could be extended to permit the Fed- eral Government to levy a similar tax on its own securities. Mr. Black's delivery of the opinion of the court in a ‘relatively unimpor- tant case came shortly after it had been announced that Albert Levitt, former Federal judge, had asked President Roosevelt by letier to in- stitute proceedings looking toward Mr. Black's removal cn the ground his appointment was illegal. E Last month the court refused to hear a petition by Mr. Levitt involy- ing the same contention on the ground he did not have a sufficiently direct interest in the matter. The court's language on that occasion was inter- preted by some as indicating a simi- lar attack by some one having a legitimate interest might receive con- sideration, but this possibility appar- ently has been foreclosed by the selec~ tion of Mr. Black to deliver an opinion of the court. The pending attacks on the ap- pointment are not based on Mr. Black’s admitted former membership in the Ku Klux Klan, which, accord- ing to some contentions, might dis- qualify him from participating in a case involving a religious or racial question. In this connection it was noted he took no part in considering the recent unsuccessful appeal of Haywood Patterson, convicted in the Scottsboro case. Rehearing Request. The court has under consideration a request from three Florida con- cerns for a rehearing of their appeal in an effort to prevent the Securities Exchange Commission from subpoena- ing certain of their business tele- grams. They asked that Justice Black, because of his activities in con- nection with the Senate lobbying in- vestigation, be excluded from partic- ipating in the consideration of their request. The court may announce its ruling on their petition later today. The case in which Justice Black de- livered the court’s opinion involved a Federal Trade Commission order di- recting the Standard Education So- ciety to cease and desist from certain practices in connection with the in- terstate sale of books. Although Chief Justice Hughes had to signal the new appointee twice before Mr. Black real~ ized he was expected to proceed, the new justice acquitted himself well, summarizing the six-page opinion in a few terse sentences. The bonds involved in the Iowa case were issued after the State Leg- islature had enacted statutes various- ly stating that the bonds “are not to be taxed,” “shall not be taxed,” or “shall be exempt from taxation.” At that time Iowa did not have a State income tax. Such a tax later was passed, however, and assessed on ap- proximately $36,000 interest on mu~ nicipal bonds previously purchased by Henry O. Hale and his wife. The legality of the tax was upheld in the Supreme Court, and, following their reasoning, the Supreme Court also upheld the levy. Retired Educator Dies. KIRKSVILLE, Mo.,, Nov. 8 (@.— Dr. John R. Kirk, 86, president emer= itus of the Northeast Missouri State ‘Teachers College here and a former State superintendent of education, died of'a heart ailment at his home here yesterday. He was active pres- ident of the school for 26 years, re- tiring in 1825,