Evening Star Newspaper, March 4, 1940, Page 1

Woatig Forscust - * Estoblished in 1852 = Star' delivered to their homes every 37, at 7:15 am. From the U: Closing New York Ma nited States Weatner Full details on Pags rkets, Page 18. 88th YEAR. No. 35,006. Homes Toppled In Cave-In of 16-Block Area Residents Escape At Shenandoah, Pa.; $1,000,000 Damage By the Astcciated Press. SHENANDOAH, Pa., March 4—A 16-block business and residential section of Shenandoah began to set- tle into a coal mine today. City officials said property damage would reach $1,000,000. Upward of 2,000 persons fled their homes, aroused by a rumbling sound, then the three-blast alarm of the town fire siren. The ground began to settle at 1 o'clock and by noon some parts of the affected region had subsided 18 to 20 inches. Chief of Police Frank Alinsky said there was nothing to indicate how soon the sinking might cease. . Such cave-ins, reported frequently In the long-mined anthracite fields, sometimes continue 12 to 24 hours. Widening cracks gaped in the brick walls of business buildings and factories. Roofs sagged and walls bulged in many of the 500 homes in the section. Street Pavements Split. Cracks, describéd by townspeople as resembling “earthquake fissures,” Japanese See Spy Danger in- Salvyation Army By the Associated Press. TOKIO, March 4—War Minister Gen. Shunroku Hata declared be- | fore the Diet (Parliament) today that the Salvation Army must be placed under “pfoper regulations” for prevention of “espionage.” Hata said military authorities had started watching the religious or- ganization's activities. “Aside from questions of its de- pendency on Britain, or its religious beliefs,” he declared, “I believe that the Salvation Army must be placed under proper regulations in order to prevent espionage.” Atfacks on Viipuri From Three Sides Repelled, Say Finns 1,200 Russians Reported Slain Northwest of Lake Ladoga WELLES GIVEN VIEW of west front lines in leaving Reich; Dieckhoff says farewell to U. 8. emissary. Page A-3 HOPES TO HAVE 3,000 in interna- tional brigade, says Kermit Roose- velt; expects to reach Finland soon to take up post as colonel. eplit street pavements. Some were several feet wide and 6 to 8 feet deep. Residents attributed the steady subsidence to a collapse of old| anthracite workings . beneath the section. They said the collapse probably was caused by rain that has fallen for 24 hours. Soon after the first alarm some houses had sagged so that doors were jammed and occupants had to escape through windows. Police | then organized a squad of volun- teers to arouse the neighkorhood, | house by house. The area affected was roped off. Water and gas mains broke with the first sinking. They were shut |, off. Meanwhile, amid tear of fires, the entire town was without water. 'The pumping plant is in the settling area. Crowds from all sections of town lined the ropes. Women sobbed, Page A-4 MORE NAZI UNITS reported ar- riving on western front; activity mounting in numerous local clashes. Page A-4 GERMANY APOLOGIZES to Bel- gium for planes’ battle; prepared immediately to consider indemnity. Page A-6 ADMIRAL RAEDER, Nazi Navy chief, pledges respect for United States ships; every possible con- sideration to be shown, he says. Page A-6 POPE PRAYS ANEW for peace in mass marking 64th birthday; serv- ice for inhabitants of Rome also marks election year ago. Page B-6 By the Associated Press. HELSINKI, March 4—The Fin- nish high command announced to- day that its forces, fighting invading Russians almost at the gates of Viipuri, had repelled attacks aimed merchants closed their stores. Many residents were permitted to | return almost at once to homes| along the streets only slightly af-| fected. Nearly 1,000 others, tempo- | rarily homeless, huddled in the rain | or took shelter with friends. | Thevaffected section includes al- | most a quarter of the city of 21,000 population. Damage was reported | within a block of the intersection of | Main and Center streets—the heart | of the city. The sinking extended in varying degree from Main street, principal north-south street, and north from one street above Center Atreet, which runs east and west. In addition to private residences, the area included the junior and senlor high schools, the Rescue Hook and Ladder Firehouse, the Hotel Mondour, the Miller Shirt Factory, an Armor packing plant and numerous smaller business places. “The senior high school building {s cracking now,” Chief Alinsky re- ported at 8:30 o'clock. He described the school as a two-story brick structure and said huge cracks were @ppearing in various parts of the building. The chief said the settling “prob- ably would continue mpst of the | day.” Chemists fo Probe Death Of Bride in D. C. Hotel District chemists were called on today to dispel mystery surround- ing the death of a 26-year-old bride in a réom in a downtown hotel. Mrs. Geraldine Anderson died yesterday at about 5:30 am. Coro- ner A. Magruder MacDonald, after performing an autopsy, said he had been unable to determjne fhe cause of death and had ordered chemical tests performed. Mrs. Anderson had lived at the Lee House with her husband, Ben- Jamin F. Anderson, since February 25, police said About 3 am. yesterday, Dr. Fran- cis J. O'Bryan of 3060 Q street N.W., was summoned to the hotel by Mr. Anderson and administered a seda- tive to the woman, who had been having an attack of hysteria. b About 4:30 a.m. Mr. Anderson djs- covered that his wife was uncon- scious and summoned the house “physician, Dr. Jesse L. Hall. An hour later Dr. Hall pronounced her . dead. ‘The couple had been married for only a few months, police were told. Mrs. Anderson. came to Washing- ton several years ago from Rome, -Ga. New Deal Debate On Radio Forumk Two prominent members of the Senate will debate pros-and cons of the New Deal tonight on the National Radio Forum over WMAL at 10:30 o’clock. With' the subject “The First Seven Years of the New Deal,” the affirmative will be taken by Senator Lewis B.. Schwellen- bach, Democrat, of Washington, who long has been a consistent supporter of President Roose- wvelt's program. Negative senti- ment will be voiced by Senator Robert A. Taft, Republican, of Ohio. The program is arranged by The Star and is heard over o coast-to-coast network of the Nationsl Brosdcssting Co. at the city from three sides. In addition the Finns reported fighting in the Arctic region far to the north, near Petsamo, and north- east of Lake Ladoga, where they said 1200 Russians were killed. The attacks against Viipuri were beaten back yesterday, according to the daily army communique, as the Russians attempted to advance across the ice of the Bay of Viipuri, at a‘second point between the bay and the Vuoksi River, and at a third point near Ayrapaa, a few miles further to the northeast. Planes Back Up Attack. As the Russians continued to pour a heavy land fire into deserted Vii- puri the Soviet air force backed up ; the attack with an aerial onslaught. ‘The Finns for their part said their own air force bombed “enemy col- umns and sites of assembly.” On the eastern flank of the isth- mus front the Finns reported heavy artillery exchanges in the Taipale sector, but made no mention of new Russian attacks. The communique mentioned “heavy” Russian losses in the fighting around Viipuri, but did not estimate the casualties. In the Far North, the Finns said, their forces had driven the Rus- sians back about 2 miles from Nautsi, to which the spearhead of the Red Army drive penetrated last week. Nautsi is about 60 miles ‘southwest of Petsamo. Red War Planes Active. The communique said Russian war planes had been active yesterday, supporting ground troops on the isthmus and bombing areas behind the front. Lappeenranta, about 30 miles northwest of Viipuri, was de- scribed as hardest hit. The Finns said that so far as could be ascertained there had been no civilian casualties, and an- nounced that four Russian planes had been shot down. Yesterday the high command an- nounced that 1,000 Russians had been slain at Kollaa, northeast of Lake Ladoga, where their attacks were repulsed by artillery fire. On other fronts, where savage fighting was said still to be in progress, the Finnish communique yesterday reported gains on the eastern side of the Karelian Isthmus —where the Russian invaders have failed to dent the Mannerheim Line —and at Kuhmo ‘and Salla on the eastern front. ‘Where the Karelian Isthmus de- fense lines are intact, well-timed artillery fire was reported to have inflicted heavy losses on the enemy lines. Several of the enemy’s strong (See FINLAND, Page A-12) Anglo-ltalian Break Looms In- Coal Blockade Rome Protest Warns " London 1938 Pact Is Imperiled By the Astoclated Press. ROME, March 4.—A rupture of the British-Italian . “gentlemen’s agreement” regulating the Mediter- ranean relations of the two coun- tries appeared threatened todfly as & result of the British blockade of Italian sea-borne coal imports from Germany. - Italy, asserting that her interests were “seriously injured” by this blockade, made public a vigorous protest against the effects on non- belligerent nations of Britain's “eco- nomic war.” The note, bristling with charges of illegality, was delivered yester- day to the British Embasty. The coal blockade, it said, “Is of & Kind to disturb and compromise the eco- nomic and political relations” estab- lished by the agreement April- 18, 1938, While the coal blockade was the immediate occasion for the protest, the Italian note included a.general complaint against the entire system of contraband control. Seconding the United States’ pro- tests against interference with the mails, the note called such acts “flagrant violation” of postal secrecy which the 11th Hague Convention of 1907 “explicitly intended to guar- antee.” Protest Considered Streng. Diplomats considered the Italian protest strong and the newspaper 11 Popolo di Roma described it as “measured in form but crushing in content.” Various informed Italians pre- viously had seen the blockade as po- litical pressure to force Italy to sell England arms instead of agricul- tural products in return for substi- tuted Welsh coal. The importance of the situation to Italy is indicated by the fact that 60 per cent of the 11,000,000 tons of coal which she imported in 1939 came from Germany, and most of this traveled by sea. Despite Italy’s common border with Germany, supplies of rolling stock now available for coal trans- portation in the two countries are insufficient to take over the full burden of the traffic hitherto car- ried by sea lanes. In recent months Italy has gath- ered approximately 6,000 freight cars in Upper Silesia to facilitate coal shipments, informed sources said, but they estimated that these could 40t -handle more than 3,000,000 tons yearly- than half the ton- nage Italy ha¥ been importing an- nually from Germany. Effort to Strike Twice Charged. The newspaper 11 Tevere charged Britain with having attempted to deliver “two blows in one against Italy” through the blockade. “With the first seeking to monopo- lize the products of Italian heavy industries it obviously was aimed to disarm Italy under the pretext of commercial exchanges,” I1 Tevere said. “With the second England at- tempted through devious means to acquire the services of our merchant marine. Having to go to England to load coal, it’is logical that our ships would transport arms there.” The submission of all maritime traffic of non-belligerent countries to contraband control, the note said, “is manifestly abusive.” British Protest Reported. The British were reported reliably already to have countered the Ital- ian .protest with one of their own against treatment of news of the blockade in the Fascist press. The British were understood to have complained against alleged in- sinuations that the blockade was an attempt to exert economic pressure on Italy to make her agree to ex- change armaments for British coal. Italy’s protest yesterday was ac- companied by the newspaper attack of Robert Farinacci, Fascist Grand Council member. He called the British blockade “reaction to our refusal to sell arms to. England,” and chagged thét Britain “hoped to (See PROTEST, Page A-5) Parran Is Renominated As Surgeon General By the Associated Press. President Roosevélt renominated Thomas Parran of New York today to be Surgeon General of the United States. He also nominated Jonas W. Gra- ber of Kansas City, Kans, to be as- sistant to the Internal Revenue Com- missioner and James J. Murphy, Jr., of Pennsylvania, a foreign service officer, to be a consul general. The nominations are subject to Senate confirmation. $250,000 More for Byrd Trip Refused by House Group By the Associated Press. % ‘The House Appropriations Com- mittee refused today to approve an- other $250,000 appropriation for. the Byrd Antarctic expedition, saying it had been misinformed last year as to the expedition’s needs. The $250,000 fund for the:Byrd expedition was refused on. the ground -the committee was given wrong information last year as to how long it would be -necessary provide money for that project. As- serting that $350,000 already had been appropriated for the purpose, the committee left. provision E ] LIl crat, of Oklahoma, told Y =i Genesis XLI, 29, 30 Census Subcommittee Votes To Ban Income Questions Senators Secretive About 3-to-2 Action in Execupive Session By J. A. O'LEARY. The Senate subcommittee dnquir- ing into the scope of the 1940 census today voted, 3 to 2, to support the Tobey resolution, which would place the Senate on record against re- quiring citizens to answer questions about their personal income in this year's census, it was learned today on reliable authority. x ‘The subcommittee threw a cloak of mystery around its action, and made no announcement of what had taken place in a two-hour executive session this morning. 1t is understood an agreement was reached not to announce the result formally today because the Cém- merce Department had requested an opportunity to be heard again on the issues involved. Latest reports were that the department will be given this opportunity before the entire Commerce Committee tomor- row. ‘The subcommitiee wentnito utive session lfl;; several :lm blic hearings week, af wemms officials u;lendefl m:he 1946 questionnaire, while Senator Tobey, Republican, of New Hampshire, sup- ported by a number of outside wit- nesses, vigorously attacked the in- clysion of income questions in the 1940 enumeration of population. Meanwhile, Senator Tobey filed with the committee today s new brief challenging the legality of these questions as being outside the scope of the law authorizing the taking of the census. He quoted the act of 1934, which declared the census “shall be restricted” to ques- tions relating to population, agri- culture, i tion, drainage, dis- tribution, unemployment and mines. Under the ordinary rules of con- struetion, hé contended, no other classification can be read into the statute in disregard of the restrictive clause. He said census officials have endeavored to stretch the meaning of the words “population, unemploy- ment and distribution.” “They have even contended,” he continued, “that income is included within the term ‘unemployment’ on the ground that an Act of Congress passed in 1938, providing for a re- stricted census of employment speci- suthorized questions in. fically on in- come and used the word ‘intome.’ " constitutional rights. “It'1s not fair to the people,” Sen- ator Tobey said, “for.the Senate, without protesting, to allow. locally and politically appointed temporary employes of the Government to de- mand from their neighbor citivens such private information under f.htel‘tnol penalty of fine and impris- onmeht.” Roosevelt Atiends Church Rite on Tth Year as President Hears Biblical Anti-War Exhortation in Divine Services at St. John's By the Associated Press. President Roosevelt ' heard a solemn exhortation from the Bible today, that “Nation shall not lift up & sword. against nation,” at divine services commemorating the 7th an- niversary of his first insuguration. Seated in' “the ‘church of the Presidents,” St. John’s Episcopal, a block from the White House, the Chiet Executive bowed his head while these words from the fourth chapter of Micah were read: “And they shall beat their swords | into plowshares and their spears into pruning hooks: nation shall not lift up a sword against nation, neither shall they learn war any more.” As he has done every March 4, the President drove to St. John’s for a 20-minute service. He heard Dr. Endicott Peabody, who was his boyhood headmaster at Groton Hazen Plans fo Call |Conference fo Spur Drive on Crime Will Seek to Determine If Present D. C. Laws Need Stréngthening | crime -wave in W Com- missioner, Melyin C. said to- dnyhcphmr .tauu;:poehleon- ference: of - police an yroaecuzh\: officials to determine what messures should be taken to further the drive on criminals here. The Commissioner said he would propose the conference at tomor- row’s meeting of the Board of Com- missioners. He' said he is certain the other .two Commissioners will approve the canference. Commissioner Hazen said he ex- pected to call “every police official from captain on up” to sit in on & conference with the Commissioners, Corporation Counsel Elwood H. Seal and a representative of the United States attorney’s office. “My idea in. cal this con- ference,” the declared, “i3 to detérmine whether any of the (8ee SERVICES, Page A-4) “Summary: of Amusements, Comics ..l-i-l-ll Soctety Editorials -10 | Sports Finance ° _A-17| Woman's Lost, Pound B-12| leaving Reich. Page More Nazi units reported arriying on western front. Page A-4 ‘Hopes.to have 3,000 in brigade, says. Kermit Roosevelt. (8ee CRIME, Page A-12) Today's Star Page A-4 evening snd Sunday morning. UP) Means Asseciated Press. THREE CENTS. -Ihdictmnt Upheld (s ~ Committee Refuses To Halt District Liquor Inquiry Schafer’s Charge of Exceeding Authority Is Rejected ‘The House District Committee to- day refused to call an abrupt halt in the investigation of the liquor con- trol situation here as demanded by Representative Shafer, Republican, of Michigan, who had charged the special subcommittee conducting the inquiry had exceeded its au- thorized authority. Subcommittee Chairman Eber- harter said the inquiry would pro- ceed without further delay, and in- dicated the scope would not be re- stricted. Another public hearing will be held tomorrow at 10 am. Other Mattefs Also Discussed. Mr. Eberharter made his an- nouncement following an hour's executive session of the committee at which the liquor probe was dis- | cussed as well as several other mat- ters “pending before the committee, including the bill of Representative Cooley, Democrat, of North Carolina, which would repeal the local income tax law. ‘The committee also considered a request by Mrs. M. O. Lorenz, presi- dent of the District League of ‘Women Voters, and Mrs. Ruth Bu- chanan that a bill permitting minors to take’part in professional concerts or. theatrical performances be re- called from the House calendar for further consideration. But at the executive session the committee re- fused to grant the request. Aside from refusing to order the. special liquor investigating sub- committee to end its activities, the committee, béhind closed doors, also directed its subcommittee on fiscal affairs to begin consideration of the Cooley income tax repeal bill and other proposed amendments to the income tax law within the next week. - The proposed changes in the income tax law, it was said, will be considered in executive session. Discussion over developments in’ the liquor investigation was not re- vealed . by. committee members. Ohairman Randolph, however, said the: investigating - subcommittee would proceed, as formerly directed. Kennedy Intended Sweeping Probe. Fate of the liquor investigation had been in the balance since last Thurs- day when Mr. Shafer charged at the last public hearing of the investi- gating subcommittee that it had gone beyond its jurisdiction. He contended the subcommittee was created to inquire only into the cases of Leo J.-Rossiter and h A. Lee, restaurant proprietofS, whose li- censes to sell liquor by the drink had been denied by the Alcoholic Beveragé Control Board. Since these licenses were subsequently is- sued, he argued the investigating subcainmittee had no authority to further. Representative Kennedy, Demo- crat, of Maryland, who inspired the investigation, has L % he intended the subcommittee to make a sweeping inquiry intop the entire liquor control situation and the practices of the A. B. C. Board in issuing and renewing.licenses. Against Doctors By Appeals Court Gist of Opinion Society’s Action Held More Than Discipline A partial text of the opinion of the Court of Appesls today up- holding the medical indictment follows: .We think enough has been said to detmonstrate that the common law governing restraints of trade has not been confined, as defendants insist, to the fleld of commercial activity ordinarily defined as “trade,” but embraces as well the field of the medical jprofession. And since, as we think, we are required by the ! decisions of the Supreme Court to look to the common law as the chart by which to determine the class and scope of offenses de- nounced in Section 3, it follows that we must hold that a restraint im- posed upon the lawful practice of medicine—and a fortiori—upon the operation of hospitals and of a lawful organization for the financ- ing of medical services to its mem- t. ‘Restraint of Trade’ Covers Professions, Tribunal Rules BACKGROUND— Federal grand jury, December, 1938, returned indictment against Jour bodies of organized medicine, and 21 doctors, charging violation of Anti-Trust Act, for conspiracy in restraint of trade of Group Health Association, and Washing- ton hospitals. District Court, July, 1939, dismissed indictment, holding medicine not a trade. Supreme Court, October 23, re- Jused to review case om direct appeal. Government appeal was argued January 13 in Court of Appeals. By WILLIAM A. MILLEN. Holding that the practice of med- icine falls within the scope of the Sherman Anti-Trust Act, the United States Court of Appeals today sus- tained the validity of the indictment against the American Medical As- sociation, the Medical Society of the District of Columbia, the Harris County (Texas) Medical Society and 21 physicians. The Appellate Court reversed and remanded the case to District Court. Previously, District Court held that the indictment was faulty, and had sustained a demurrer which the doctors had filed. When, and if, the case will go to trial, however, still was uncertain as the defense and Government studied the latest development. CHIEF JUSTICE GRONER. (Delivered opinion.) bers, is just as much in restraint of trade as if it were directed against any other occupation or employ- ment or business. And, of course, the fact that defendants are physi- cians and medical organizations is of no significance, for Section 3 prohibits “any person” from im- posing the proscribed restraints. Congress did not provide that one class, any more than another, might impose restraints or that one class, any more than another, might be subjected to restraint. This brings us, then, to consider whether the indictment shows un- reasonable restraints. Three Major Charges Against Medical Societies. The charge, stated in condensed form, is that the medical societies combined and conspired to prevent the successful operation of Group Health’s plan, and the steps by which this was to be effectuated were as follows: (1) To impose re- straints on physicians affiliated with Group Health by threat of expul- sion or actual expulsion from the so- cieties; (2) to deny them the essen- tial professional contacts with other physicians, and (3) to use the coer- cive power of the societies to deprive them of hospital facilities for their patients. Sufficient facts are stated to demonstrate that, unchecked, this exertion of power will necessarily accomplish the abandonment of the co-operative plan of medical serv- ice, as well as destroy the lveli- hood of dissident doctors, because the genéral restraint thus applied would make impossible the contin- ued operation of the one or the successful practice of medicine by the others. Defendants say that what they are charged with doing amounts to o more than the regulation of membership in the society and the selection of the persons with whom they wish to associate; that under their rules disobedient members may lawfully be disciplined and that disciplination does not amount to unreasonable restraint. This may very well be true, and in consid- ering the contention we are not of the importance of rules of conduct’ in medical prac- tice; rules which can best be made by the profession itself. We recog- nize, in common with an almost universal public opinion, that in the last half century, through this (Continued on Page 3, Column 3.) Citizens Storm Legislators, Get Action on Zoning Review (Picture on Page A-2.) By JAMES E. CHINN. ‘The House District Committee to- day voted to ask‘the Zoning Com- Justice ‘at the District Building and 'We now appeal to you.” Behind her followed 40 men and women, who stood as she told ‘the Ordinarily, the defense has one of two courses—either to go back to District Court and ask for a bill of particulars, thereby preparing for trial, or to seek a review by the Su- preme Court. Decision Will Be Delayed. Seth Richardson, of defense coun- sel, said a decision on the next step would be delayed. After the District Court ruling in the case, the Government sought to speed up action by appealing directly to the Supreme Court for a review, but this was turned down by the high court early in the present term and the Court of Appeals action then was pressed to decision. Defense counsel for the docters probably will get together soon for a conference on defense procedure, it was indicated. Most of them indicated informally, without mak- in a definite announcement, that the most likely step would be ap- plication for a writ of certiorari from the Supreme Court of the United States. ‘ Says Appeal Will Be Taken. In Chicago officials of‘the Ameri- can Medical - Association said the organization no doubt “would at once apply to the United States Su- preme Court for a definite decision as to whether or not the practice of a profession can be considered to come -within the scope of the Sherman anti-trust law.” The statement was made at asso~ ciation headquarters by Drs. Olin West, secretary of the A. M. A, and Morris Fishbein, editor of the or- ganization’s journal. ! Defense counsel, in addition to Mr. Richardson, include Charles A. Baker and William E. Leahy of this city, and Edward M. Burke of Chi- cago, who is general counsel of the American Medical Association. One of the defendants, Dr. Prentiss Will- son, is represented personally by John L. Laskey. Chief of Government counsel in the case is Thurman Arnold, As- sistant Attorney General in charge of anti-trust cases, who led the prosecution staff in arguing the case pefore the Court of Appeals. Specifically the defendants were charged with conspiracy and re- straint of trade in the District of Columbia, in violation of section 3 of the Sherman Anti-Trust Act. The appellate court recalled that the main purpose of the conspiracy, as shown in the indictment, was to Impair or destroy the business and activities of Group Health Associa- tion, Inc, which was organized jn 1937 as a non-profit co-operative association for the provision - of medical care and hospitalization to its members and dependents. List of Defendants. The 21 individual defendants in the case are: ] From the American Medical Asso- ciation—Dr. Morris Pishbein, editor of the Journal of the American Medical Association; Dr. Olin Wi secretary and general manager; Dr. William Creighton Woodward, rector of the Bureau of Legal cine and Legislation; Dr. Wi Dick Cutter, secretary of the (See MEDICAL, Page Child s Killed, 15 lnj As Truck Hits School By the Associated Press. ) \ carrying 35 children from . rursl homes to Dover schools today, 1 and injuring at least 15, Seven-year-old Elwood Williams of Cheswold died of head injuries two hours after the accident on the Du Pont highway two miles north of Dover. Five others were detained .:m:. hospital, one in a serious condi- 12 State police sald the ° super- had | structure of the bus was demolished. Some of the children fell uneon< scf their shoes and Six Farm Hands Killed BY the Associated Press.