Evening Star Newspaper, April 5, 1940, Page 2

A—2 #¥» Taft First Choice, Gov. Bricker Second, 0f Ohio G. 0. P. . Aspirants Given No Place In State Party’s Plans Outside Presidential By G. GOULD LINCOLN 8tar Staft Correspondent. COLUMBUS, Ohio, April 5—Ohio Republicans today are thinking of the race for the G. O. P. presi- dential nomination entirely in terms of Taft, the junior Senator from this State, who cleaned up so thor- oughly in the 1938 elections. If any of them go beyond Sena- tor Taft, they bring up Gov. John ‘W. Bricker, another 1938 winner. The Governor, however, is distinctly not a candidate for the presidential nomination. He has said so publicly a number of times, and pledged his support to Taft. Gov. Bricker, however, is to the Ohio Republican leaders an “ace in hole.” If Taft fails to go over at the Republican National Conven- tion next June—if there is a dead- locked convention—they will trot out the Governor. They believe that they not only have the strong- est condidate for the nomination of any of the announced aspirants, in the person of Senator Taft, but also the most likely “dark horse” candidate in Gov. Bricker. Spurn Outsiders. Under these circumstances there is little wonder that other candi- dates, like District Attorney Thomas E. Dewey of New York, Senator Vandenberg of Michigan and Rep- resentative Martin of Massachusetts, Republican leader of the House, are given little consideration. Ohio is out to get this Republican presi- dential nomination for herself, if it can be done. No outsider need apply—not at this stage of the_ game. In the Governor's office in the State House hang the portraits of Harrison, Hayes, McKinley and other Ohioans who have in the past served as President of the United States. They are a constant inspiration to Ohioans today. And there is a strong impression in this city and State that 1940 is another Ohio year. It is 20 years since two Ohio leaders, Harding and Cox, fought it out at the polls and one of them ‘became President. A Talk of the fast flying Dewey of Senator Vandenberg leaves and the Republicans here cold. Dewey's vie- | tory in the Wisconsin primary on Tuesday, where he defeated Senator Vandenberg in the race for that State’s delegation to the Republican National Convention, has daunted them not at all. The comment com- mon here is that Dewey’s victory in isconsin means an advantage for Senator Taft, since it may have re- duced the chances of the Michigan Senator for the nomination. Republicans in Ohio are supremely confident that the State will go Re- publican next November. The swing away from the New Deal which manifested itself in the municipal elections in Ohio in 1937, grew in importance and power in the con- gressional and State elections in 1938, an in the municipal elections in 1939. | ‘It was manifest anew in the con-| gressional “by-elections” in the 17th and 22d districts a short time ago. Ip the 1I7th distriet, the Republicans won a seat in the House that for 10 years had been held by the Democrats, and in the 22d, Mrs. Chestes Bolton, Republican victor. ran up a vote that in percentage was higher than that of her late husband, who was elected in 1938. -See Roosevelt Defeat. This confidence goes as far as| {nsistence that President Roosevelt | himself, should he run for a thirdi term, would go down to defeat in| Ohio next November. He carried | the State in 1936 by 600,000 votes. The Democrats of Ohio, on the other hand, are thinking only of Franklin D. Roosevelt as their can- didate for the presiflential nomina- tion. That goes particularly for the party leaders. There may be Dem- ocrats among the rank and file who disiike the idea of a third term for any President, but they are not heard in the clamor which has gone up here for Roosevelt to run again. This is partly a panic reaction. Ohio went so strongly Republican in 1938—when the President was not a candidate—that now the former Democratic officeholders, those still in office and leaders of the party, are hoping above all to have the man at the head of the ticket next November who carried them to vic- tory in 1932 and 1936. It is a natural reaction. The Democrats admit they have an uphill fight in Ohio. They are out of office, and there are some wide and bitter factional differences. However, they have united to ar- range a slate of delegates to the Democratic National Convention who, though nominally and legally bound to Charles Sawyer, the na- tional committeeman, for the pres- idential nomination, will plunk on the first ballot for President Roose- velt provided he runs. The slate of delegates, made up by the organ- ization, will be elected at the pri- mary on May 14. One of the most discouraging things to the Democratic organiza- tion yet to happen was the recent declination of Senator “Honest Vic” Donahey to become a stalking- horse favorite son candidate for the presidential nomination in the Democratic primary. His further declination to be a candidate for the senatorial nomination to suc- eeed himself merely added to the gloom. Senator Donahey is not only recognized as a great vote getter, but as a shrewd politician who knows when to run. Bricker to Be Renominated. The May 14 primary in Ohio not only elects the Democratic and Re- publican delegates to the respective national conventions, but also makes the nominations for State and con- gressional office. Gov. Bricker will be renominated by the Republicans. Addison Q. Thacher, a former Mayor of Toledo, filed against Gov. Bricker, but withdrew at the last moment. There is a brisk race for the Re- publican senatorial nomination be- tween Representative Dudley White and Mayor Burton of Cleveland. At a pre-primary rally of 4,000 Re- publican party workers held here ‘Wednesday night, both Mayor Bur- ton and Mr. White spoke. The lat- ter was given an ovation, and Mayor Burton was treated anything but courteously. Mr. White is given the edge in this contest. The Democrats face a nice mess in their contest for the guberna- torial nomination. Eight candi- dates filed, among them former Gov. Martin L. Davey, who has a strong ceme to the mm,\:’!%‘.'!d T el T i THE EVENING - STAR, WASHINGTON, D. C, HIGH SCHOOL CADET BATTALIONS COMPETE—A view from the stands as Roosevelt High School's first battalion passed in review yesterday during the battalion competitive drill in Central High School Stadium. second. Western High School’s first and second battalions took first and third following of his own but who 1s hated by no inconsiderable number of Democrats. The other candi- dates for Governor are former Gov. George White, William J. Kennedy. former Secretary of State; Harold Mosher, former Representative-at- large and former Lieutenant Gov- ernor; Herbert S. Duffy, former Attorney General; James R. Mack- er, who at one time was a highway director; Frank Dye, a Columbus lawyer, and James F. Flynn, a Sandusky lawyer. The last two are | newcomers in the political field. | Macker withdrew last night, leaving | seven in the race. | The setup, with so many candi- | dates, is the kind that favors Mr. | Davey. It is in such races he has| | won nomination before. The Demo- crats who do not like Mr. Davey | would give much to narrow the field to Mr. Davey and a single other candidate. But that cannot be done. The zero hour for withdrawal of candidates from the primary was last night. The Democrats have no hope, they admit, of electing Mr. Davey Governor should he be nomi- nated. Enough scandals broke dur- | ing his administration to sink him if he runs again. He was defeated two years ago for renomination by Charles Sawyer, who, in turn, was Gov. Bricker, = . MP. Davey and me%t administration were at ' swoids points. A ticket with Roosevelt and Davey both on it would make the angels laugh, if they did not weep. Former tative John, Me- Sweeney: is favored to win'the DS ocratic nomination for Senator. He is a former welfare director and is highly regarded. His only opponent is Herbert S. Bigelow, whose old- age-pension plan was defeated bad- ly in the 1938 elections. Mr. Bige- low proposed that single persons of pensionable age should receive $40 a month and couples $80. Senator Taft is the only entrant in the Republican presidential primary and the delegates will all be pledged to him, to stay until he is nominated or until he releases the delegation. Ohioans Hear Simpson. | The principal out-of-State speaker | at the Republican rally here Wednesday was Kenneth Simpson, New York's Republican committee- man. Mr. Simpson told the Ohioans what kind of a presidential candi- date the national convention should nominate in Philadelphia next June. To the Ohioans, the descrip- tion did not sound at all like Thomas E. Dewey. At one point in his address Mr. Simpson said: “FProm my point of view, the object of this campaign is not to put the President in jail, but to relieve him of office.” In other words, the candidate need not be a district attorney—even a New York district attorney. The Taft sup- porters also noted that Mr. Simpson | did not mention New York’s favorite son by name. Since he was speaking in the home State and in the pres- ence of Candidate Taft, this might have been reckoned merely a piece of tactful reticence. But Mr. Simp- son’s personal antipathy to Mr. Dewey has permeated the ranks of Republican leaders in the Middle West—as well as in the East. Democrats who would talk at all of presidential candidates other than Roosevelt had kind words to say of Secretary of State Cordell Hull Funeral Services Today For Miss Amy Miller Miss Amy Phillips Miller, retired instructor of science at the Training School for Nurses of Johns Hopkins University, died Wednesday at her home in Sandy Spring, Md, and funeral services were to be held at 2:30 p.m. today in the Sandy Spring Meeting House. Burial will be in Greenmount Cemetery, Baltimore. Besides being a science instructor at Johns Hopkins, Miss Miller was also at one time head nurse of the university infirmary. Miss Miller had made her home in Sandy Spring since retiring sev- eral years ago. She is survived by & brother, Lau- rence M. Miller, president of the Colonial Trust Co. of Baltimore; two sisters, Mrs. Knox Taylor of High Bridge, N. J., and Mrs: Stanton G. Smith of Baltimore, and an aunt, Miss Frances N. Osburn of Wash- ington and Sandy Spring. Will Is Probated ROCKVILLE, Md., April § (®.— The will of Homer A. A. Smith of Takoma Park, Md. bequeathes his entire estate to his widow, Mrs. Hazel Grace Smith. The will has been admitted to probate in Or- phans’ Court here. The instrument does not reveal the value of the estate, & Holmes’ Legacy The unit placed entrants, 4 to U. S. to Go To Preserve His Writings By the Associated Press. The $265,000 which Associate Jus- tice Oliver Wendell Holmes left “to the United States of America” on his death in 1935 will be used to pre- serve his writings in a specially edited volume. A small memorial park directly | behind the Supreme Court Building also is tentatively planned. This decision, it was learned to- day, has won the approval of a committee of executors who first had considered spending the money to make a memorial of the late jus- tice’s Washington home. It also had been suggested that the home | be used as a law library. | It was said that the memorial | volume would be edited by Justice | Felix Frankfurter. A joint committee composed of three members of the Supreme Court, three Senators and three Representatives will direct the ex- penditure of the Holmes legacy, which is the largest ever given the Government. Justice Holmes died March 6, 1935, two days before his 94th birth- day. He had been retired since 1932, having served 30 years on the high bench. His total estate approximated $550,000. Second Flood Crest In Week Surges Down Susquehanna . .New Rise Is Expectea ) To Go Within Three Feet of Monday’s Mark By the Associated Press. WILKES-BARRE, Pa., April 5— The second flood crest in a week ! surged down the heavily-populated Susquehanna Valley today. With headwaters of the stream still rising, observers predicted the new crest would go within 3 feet of last Monday's flood levels. North of the New York line, the river, fed by recent rains and melt- ing snow, went up 3 feet overnight and was expected to rise 3 to 4 feet more. Just below the New York- Pennsylvania border, Sayre reported a rise of 2 feet. At Towanda, where lowlands are awash for a second time, the river went up 31, feet to a 19.6-foot stage. Monday’s crest there was slightly over 23 feet. Stream Still Rising. In Wilkes-Barre, where populous nearby communities were hard hit earlier this week, lowlands are under water again, with the stream still rising at 25.4 feet. The river had gone up almost 3 feet and a crest of 275 was expected by tomorrow; laset Monday the river hit a high mark of 31.6 feet. Downstream as the valley widened, less rise was reported, Although there was no alarm, resi- dents throughout the Valley watched the rise anxiously. They recalled that during the destructive 1936 flood & second crest surpassed the first by several feet—after a lapse of six days. Most Return to Homes. With the exception of nearby Kingston, part of which is still under water, stricken towns saw a return of most of the 30,000 persons who were driven from their homes by the flood. One hundred and twenty persons who had beerr driven out here were quarantined in a church for several hours yesterday until authorities determined that an ill man among tHem was not suffering from spinal meningitis, which has taken 26 lives this year. Rivers Top Flood Stage In Southern New York OLEAN. N. Y., April 5 (®.—For the second time within a week, three Southern New York rivers passed therr flood stages and continued to rise today, despite near-freezing overnight temperatures in some places. At Binghamton the Chenango River rose to 19.15 feet at 8 am., compared to flood stage of 16 feet, and the Susquehanna to 15.08 feet, compared to flood stage of 14 feet. Both were expected to continue their upward trend during the fore- noon. possibly climbing to within a foot of Monday’s crests of 1898 feet for the Susquehanna and 23.02 for the Chenango. ‘The Allegheny River continued its slow but steady rise at Olean, attain- ing its highest point of the year, 15% feet above normal, at 8 a.m., but still approximately 5 feet below the city’s dike system. -The Chemung River was 1115 feet above normal at Elmira, 3 inches be- low yesterday’s level and 5 feet un- der last Monday's crest. Sections of several streets were closed at Jamestown, and numerous cellars were flooded as Chautauqus Lake and streams rase. } Doctor Refurns to Auto To Find Father Dying Dr. John F. Finnegan, 1342 East Capitol street, came out of a pa- tient’s house in the 800 block of | Varnum street N.W. last night to! find his father, whom he had left| waiting in his automobile, dying. John Thomas Finnegan, 63, had suffered a cerebral hemorrhage while his son was visiting his pa- tient. He died within a few minutes. Mr. Finmegan retired from the Government Printing Office 1933. Dr. Finnegan said he often took his father with him in making the rounds of persons under his care. His father would sit in the automobile listening to the radio while he made the call, Dr. Fin- negan explained. Mr. Finnegan was born in Fall River, Mass., and came to Wash- ington in 1901. Besides Dr. Fin- negan, he leaves his wife, Mrs. Mary Ellen Dunn Finnegan: a daughter, Mrs. Earle J. Hoyt, and a sister, Miss Annie Finnegan, all of | ‘Washington. He made his home with his son. Funeral services will be held at 9:30 am. Monday at the residence, with requiem mass at Holy Com- forter Catholic Church at 10 am. Burial will be in Cedar Hill Ceme- tery. Mrs. Irwin Winner Of Essay Contest Mrs. Frances Maurine Irwin, a Treasury Department employe, has been awarded first prize in a Wash- ington area essay contest sponsored by the District Association of Life Underwriters, that group announced today. Mrs. Irwin is eligible to enter the regional contest, which carries with it a prize of $200. The award was made at the asso- ciation’s monthly meeting in the Willard Hotel. Six candidates, three of whom will be elected to the Board of Directors at the May meeting, ‘were nominated. They are Raymond A. De Four, Paul Grove, Raymond B. Hotchkiss, Arthur H. Minor, Charles B. Sinclair and Warren 8. Stone. A joint congress with Baltimore underwriters will be held in that city on May 17, Col. Mann to Be Buried In Arlington Tomorrow Funeral services for Lt. Col. Wal- ter R. Mann, U. S. A, retired, who died yesterday in Walter Reed Hos- pital, will be held at 9:30 am. to- morrow. Chaplain H. D. Southard will of- ficiate and burial with full military honors will be in Arlington Ceme- tery. Honorary pallbearers include Lt. Col. Allen R. Kimball, Quarter- master Corps; Lt. Col. A. Worrell Roffe, cavalry; Maj. Stanley J. Gro- gan, infantry; Maj. David A. Watt, Adjutanf General's Department; Maj. Le Roy W. Nichols, infantry, and Maj. Ward H. Maris, fleld artil- lery. Buchalter Sentenced To 30 Years to Life By the Astociated Press. NEW YORK, April 5—Louis (Lepke) Buchalter, notorious rack- eteer, today was sentenced to 30 years to life in State prison for ex- torticn in the bakery and trucking rackets. General Sessions Judge John Freschi directed that the sen- tence should begin after Buchalter had served a 14-year sentence re- cently"imposed in Federal Court for conspiracy to vivolate the narcot- in| |R. Dulin and Louis R. Moore, jr., |to take the field, and it appeared | fes law. ‘/ Western Cadets Win First, Third Places In Battalion Drill Roosevelt Gets Second Place as 13 Units Compete for Awards The Capital's High School Cadets in general were looking toward the regimental, band and company com- petitions today, and those at two schools, Western and Roosevelt, were jubilant over results of yester- day’'s battalion competitive drill in | Ceentral High School Stadium. Western's 1st Battalion repeated | its showing of last year by taking | first place, and the fourth cadet | regiment's 2d Battalion, second | place winner last year, took third. Roosevelt's 1st Battalion was sec- ond. The judges placed it third | last year. | The respective commanding offi- | cers were Cadet Majs. William Du- laney, Richard Mott and Warren Oster. Thirteen battalions took par, two from each school, with the excep- tion of Anacostia, which had one representative. The regimental bands participated in the review, and McKinley's musicians provided the martial airs for Anacostia’s cadets, who had no band of their own. Several thousand high school stu- dents, mostly girls, cheered the units from their respective schools, shouted to their friends on the parade ground and gave forth cries of dismay when a unit made an | obvious fumble. Judges were First Lt. John D. Lawlor and Second Lts. Thaddeus all of Arlington (Va.) Cantonment. Western’s two battalions were last | for a time as if they would have | to perform in the rain. Only a few drops fell while they were going through the movements, however. Lt. Col. Wallace M. Craige, U. S. A., retired, supervisor of cadet ac- tivities in the high schools, was on the fleld throughout the competi- tion. The six cadet regiments will com- pete next Thursday afternoon in the Central High School Stadium, as will the bands. The company competition, climax of the cadets’ year, will be held May 13 and 14, according to present plans, in Grif- fith Stadium. _— C. F. Crown, 57, Dies At Capitol Heights Charles Francis Crown, 57, a na- tive of Washington, died yesterday at his home in Capitol Heights, Md., after an illness of several months. Mr. Crown had operated a bakery in Forestville, Md., for the last sev- eral years, He was the son of the late Joseph and Mary Grubb Crown and had lived in Washington until six years ago, when he moved to Capitol Heights. Mr. Crown is survived by his wife, Mrs. Blanche L. Crown, and three sisters, Mrs. Nellie C. Stewart and Miss Rachel M. Crown, both of Washington, and Miss Frances J. Crown of Forestville. Funeral services will be held at 1 pm. tomorrow at the Hines fu- neral home, 2901 Fourteenth street N.W, with burial in Rock Creek Cemetery. Georgetown Debaters Defeat Harvard Team Georgetown University’s Philo- | M demic Debating Society won a de- cision over a Harvard team last night in Gaston Hall. This was Georgetown’s second victory over Harvard debaters. Burke E. Schoensee and George A. Christy of Georgetown defended the negative side of the question, “Resolved, That the United States should maintain a policy of strict economic and military isolation FRIDAY, APRIL 5, 1940. honors, respectively. Several thousand high school students, with girls predomi- nating, watched as Army officers from Arlington (Va.) cantonment judged the —Star Staff Photo. 150 Get Scout Awards At Court of Honor; Boy, 13, Made Eagle Badges Presented by Mothers at Macfarland School Ceremony ‘Washington Boy Scouts whose rec- | ords showed distinguished achieve- ment in their organization had their rewards today, following Court of Honor ceremonies conducted by the National Capital Area Council last night in Macfarland Junior High School. More than 150 received recognition. Among the honors distributed were 10 Eagle Scout badges, the youngest recipient of which was Ralph Raney, 13, of 612 C street NE, a Scout for little more than | Linn C. Drake, Scout exec- | a year. utive, delivered the charge to the Eagles and the badges were pre- sented by the boys' mothers. Troop 107 Gets Plaque. Capt. Chestér Wells, president of the National Capital Area Council, presented the President's plaque to Troop 107. The Commissioners’ plaque was given to Troop 18 by Dr. Paul Bartsch, vice president of the council, who presided. George Revitz of Troop 30 re- ceived the gold quill award from Thomas King, and Yule Fisher be- stowed the organizer award upon Adrian L. Caufiman and Jerry Hen- shaw, Troop 81, and Harry Good- man, Troop 13. J. A. Carney and George C. Free- man, assistant Scout executives, and Dr. W. T. McCloskey. also assisted in giving out the nonors. 45 Men Given Certificates. A Scoutmaster’s key was presented to Herbert C. Tucker. Troop 56, by Henry P. Blair. Virgil E. Howard, Troop 12, received a 15-year veteran award, and 45 men were given Scout training certificates. Those listed for awards were: STAR AWARDS, Maudlin, Bob Robb. Jjohn Faerber. Nelson Barbella, Joseph ambers. R. L., jr. Vossier, W. M.. jr. Broughton, Tim Marine, Wendell Sigsers, Philip Reybold. Phillip C. Siggers. Lawrence Veeder, James Gibson. Faison Fadeley, Henry gaddock, Thomas Adams, James 2 i Myers, George P. McClure. John IR it Brodie. Mayo L. King, Hoffman. Jack Allen. Waiter Tucker, Ray Turner. Ralph D'Agosth 8tell, Whetzel, Stanly W. Weimer, Samuel Dawsor. William i : Reynolds. William R. Wintermyer, V. Laughlin, Jimmy Levdahl, " La Rickols. P. Andre Hill, Edward Mohier. Philip . Fred Sebastian. Gerald Bryan, William Cordua, Russell Moreno, J. A Hoyt. Hazen L.. jr. Schimmack, Harold Schreiber. Morris ~ Hartranft, J. B. Gray. Elmer Junior Meisels_Henry Bonini, Willlam E. Hicks. Norman LIFE AWARDS. Davis, Roger Tood ~ Donneliy. B. P., ir. Thomas, Jerry Moore, James R. 8adak. Parris ‘Thompson, T., jr. Morrison. ' Karl Loyd. Donald James Lambros. Demetries Bayer, Robert Dick. ' Charles Moyér. W. A.. jr. Cogswell. Guy Baumani, G. D' raper, Dona Edwards, Arthur D, Morana,” Nicholas ‘Wysonz. Earl Humphreys. Gaskins, William Williams. Moll. Jebi MeCener, Hyatt, egstrom. Denal Prance. C. Lee Southajd. Sim 8, Deck, F. W, ir. Stevenson, Donald T. Heckman,” Pred Flato. Matthew Libert, Manuel J. Oscar B. il EAGI Taylor. Porter Johnaton, Hush s Raney, Raiph Saur. Albert J. o rumei ™ AFasra. B, i . Russel aser, G. B., ir. b TN McCullough. T Cole, Frank Quinnell,_ Robert noelly. B. P. wan, Plerce Doy tom Wilkinson. Gerold Smith, Percy C. Collins, Joseph SPECIAL AWARDS. Cauffman, Adrian L. Henshaw.' Jerry Goodman, Harry VETERAN John ames Revit, George AWARDS. Manuel. J. A. Blaughter, Williams, Arneson, Herbert. Sutcliffe. D. K. Page. J. H. Awalt. Francis, jr. Wesley k. Louls Stewart, Elmer V. Hebrew. John_P. nzoni, & D. L L Sowara” Virstl =, SCOUTMASTER'S KEY. Tucker, Herbert G Park Fort.. di Rogers, R. Ettenger, Evans. Rich: Burgess. Kaufman, ‘l;. L. toward all belligerents outside the Western Hemisphere.” The Har- vard debaters were Stanley O. Beren and Payson R. Wolff. Undefeated to date in their inter- collegiate schedule, ¢he Philodemic Society will close the season Mon- day night against the University of Vermont. Last night’s decision was given by a board consisting of Judge Oscar E. Bland of the United States Court of Customs and Patent Ap- peals and Arthur J, May. N The car and the road are safe. How about you? ' West Virginians Here Reminded of Vote Date West Virginia residents living in Washington were reminded today by the West Virginia Democratic Club that their State’s primary will be held May 14 and that absentee voting facilities have been estab- lished here. Offices of the club, located at 219 | 1oy First street NE., are open for the convenience of West Virginia vot- ers, and registration forms, clerical ubdle and notary service are svail- al Maryland Trade Act Is Voided in Enfirety By Appeals Court Judge Rules It Violates Constitution and State Bill of Rights BY the Associated Press. ANNAPOLIS, Md,, April 5—~The Court of Appeals today held Mary- land’s Fair Trade Act of 1939 un- constitutional and void in its en- tirety. Upholding a ruling by Chief Judge Samuel Dennis of the Baltimore Su- preme Bench, the appellate court ruled the statute violated the Fed- eral Constitution, as well as the Maryland Bill of Rights, and placed unusual restrictions on lawful occu- pations and “unreasonably and ar- bitrarily interferes with private bus- iness.” Act Creates Uncertainty. ‘The opinion, written by Associate Judge Walter J. Mitchell, asserted: | “No trader embraced in its (the | act’s) provisions can conduct his business at any time with any de- | gree of certainty that he is not violating the law, whenever, in his | own business discretion, he sells a | commodity below cost, without first complying with unnecessary and burdensome regulations placed upon him * * *, “He may have no knowledge that his below-cost transactions will in- jure any competitor within the rea- sonable radius or zone in which he | conducts business, but somewhere or somehow, his below-cost sale has had the result of injuring a com- petitor in the far end of the State, and he has violated the act.” The ruling was handed down in a case involving the Daniel Lough- ran Co. Inc, and the Lord Balti- | more Candy & Tobacco Co. Inc.| Both parties in the action are| wholesale tobacco dealers. ‘The Loughran firm brought the appeal from Judge Dennis’ decision. | alleging that the other company | had been engaged in the tobacco| business in competition with the | appellant and in violation of the Fair Trade Act. In argument before the court,| George V. Parkhurst, counsel for | the Lord Baltimore Co., contended | that the Legislature exceeded its authority under the police power in | attempting to control, through the | statute, all sales, whether or not the sales are effected with a public interest. . The act was designed to prohibit | sales below cost, with reference to | transactions by wholesale and re- | | tail dealers made within the State. The court held that the basic ele- | | ment of computation in determining the costs under the act “is the in- | voice cost or replacement cost to | the dealer in the quantity last pur- chased by him, whichever is lower."” Dealer Takes Chance. “This is modified by certain de- ductions representing permitted dis- | counts, and various additions, rep- | resenting specified, actual or arbi- | trarily estimated expenses; the figures ascertained being the min- | imum price at which the dealer may legally dispose of his wares within | this State. “The dealer takes a chance and if he has accurately judged market | conditions, and the relativity of | | prices to those conditions, he is clear of the law, but if not, he is open to its consequences, criminal and civil.” “When the far-reaching effect of | such legislation is visualized,” Judge | Mitchell wrote, "one is startled at | its possibilities. Geographical equa-~ | tions have no standing in the act.” Based on Tydings Act. The Maryland Fair Trade Act was | based on the Miller-Tydings Act,! which has been adopted by at least | 44 States. As operated in Maryland, |a manufacturer of a trade-marked | | article enters into a contract with one or more retailers in the State ! to fix the minimum retail price for | the product. The contract becomes binding upon all other retailers in the State, including those who did | not enter into the contract. | Last June 29, the same court | turned down an appeal from a con- viction under the act, and held the statute to be constitutional. At that | time the court pointed out that the | Supreme Court of the United States had upheld the constitutionality of similar acts in California and Illi- | nois. Socialists Ready To Open Convention Here Tomorrow Thomas Expected To Get Presidential Nomination Again The National Executive Commit- tee of the Socialist party conferred here today on final pians for a rare political event in political Washing- ton—the national convention of & party. The Socialist convention, open to the public, will begin at 9:30 am. tomorrow in the audilorium of the National Press Cluk Over the Nation at 10 a.m. will go the keynote address of Maynard Krueger, eco- nomics professor at the University of Chicago, which is scheduled to be carried by stations of the Na- tional, Mutual and Columbia broad- casting networks. supporters are ex- pected to furnish one of the few convention contests, party members said. He will probakly battle Mrs. Mary Donovan Hapgood of Indiana and Frank Crosswaith of New York for the vice presidential nomination. Norman Thomas Unopposed. All indications pointed to nomina- tion of Norman Thomas for his fourth race for the presidency of the United States. Travers Clement of California, party national secre- tary, said he expected no contest. Mr. Thomas, 55, an ordained Presbyterian minister, writer and lecturer, has made known to party members his hope for a fourth straight nomination. The late Eu- gene V. Debs of Indiana, first So- cialist candidate for President—in 1900—holds the record. He was on the ballot five times. After the keynote tomorrow the 250 delegates will turn to election of committees to draft the platform and guide procedure. At 11:30 am. Secretary Clement will report on activities of the party since the last presidential campaign. A pre-convention hint of the party’s platform was given in a statement released at headquarters, asserting that many Americans are “disgusted with the lean results of New Deal programs and the falsity of Republican promises.” Nominations Sunday. Nominations for President and Vice President will be made Sunday at 4 pm, after committees have made their reports, beginning at 9 am. The Socialist election campaign will open with an 8 o'clock mass meeting Sunday night, when candi- dates will make their first orations In quest of votes. The delegates are expected to go home Monday after- noon, following election of a cam- paign committee and new national executive committee, Cherry Buds Swelling; Tomorrow fo Be Fair The thermometer turned down- ward today after a flight which brought a new 1940 record of 75 degrees yesterday and swelled buds on chery trees. The National Parks Service, after careful inspection along the Tidal Basin this morning, reported no | blossom had yet appeared, but was imminent. “Generally fair” was forecast for tonight and tomorrow, with a mini- mum of 45 expected tonight. Yesterday's high record brought mild hailstorms to several areas in the city, chiefly in the Northwest. The mean of 60 degrees was 11 above normal, the Weather Bureau reported. The vear's previous high of 70, s>t last Sunday, was topped | at 1 pm. and at 3:25 the new high was recorded. Congress in Brief TODAY. Senate: Final approval of trade agreements extension bill expected. Securities Commission officials ex- plain proposed supervision of invest- ment trusts. Appropriations Committee consid- ers $73,000,000 increase in waterways funds. House: In recess. Agriculture Committee continues hearings on farm credit bill. Flood Control Committee hears testimony on Mississippi River and tributary projects. (Purnished by the United District of Columbia—Generally tonight, with minimum temperature northwest winds. generally fair. West Virginia—Generally fair; c Weather Conditions Last 21 Hours. The disturbance that was over Lake Huron Thursday morning has . advanced eastward to millibars (29 4 “he disturbance that was off the New Jersey coast has | moved northeastward being central about 400 miles east of the Massachusetts coast. Pressure is also low_over Arizona, Phoenix, 1007.5 millibars (29.75 ‘inches). with a trough extending southeastward to the| middle Rio Grande Valley. A weak cold front extends southwestward from North Carolina coast to Southern Alabama and thence westward to Southern Texas. Relatively high pressure prevails over Flor- 1da, Tampa. 1018.0 millibars (30.06 inches). A high-pressure area of consid- erable magnitude is moving southeastward over the Plains States and the upper Mis. sissiopi Valley. Pembina, N. Dak., 10: mililbars ¢30.63 inches). During the last 24 hours rains have occiirred in the North Pacific States. the Middle and Northern Plateau. the lower Lake region and in the Atlantic and East Gulf States, and light snows in the ubper Lake region and the Dakotss. Temperatures have fallen in the Ohio Valley. the Appalachian region and the lower Lake region. River Report. Potomac River muddy. Shenandoah cloudy at Harpers Ferry: Potomac ____ &t Great Falls today. Report for Last 24 Hours. Yesterday— ches. 4 pm. 0,50 (From noor vesterday Highest. 75, 3 p.m. yesterday. ago. 58, Lowest. 46, 11 a.m. today. Year ago, 33. Record Temperatures This Year. Highest, 70. on March_31. Lowest.' 7. on January 29. - Humidity for Last 24 Hours. (Prom noon yesterday to noon today.) Highest. 50 per cent, at 8 a.m, today. toCest: 44 per oent, at 3:30 pm. yes- erday. (Purnished by United States Coast ;. and Geodetic Bur;n.) = 2 o 8Un: {omorrow < loon, today ._. one-half the | J Weather Report States Weather Bureau.) fair tonight and tomorrow; cooler about 35 degrees; moderate to fresh Maryland and Virginia—Partly cloudy and cooler tonight; tomorrow oniinued cool tonight and tomorrow. e i e e gty e ek Precipitation Monthly precipitation in_ches Capital (current month to daters, © ¢ Month January o EnIES5E Dna, 2aSSSS Dy SBRSEERESRRE October __ November December Weather in Var Temp. Barom Hizh. Low. 30.08" 91 2971 3 30.03 Abilene Albany Atlanta Atl. City Charleston icago Cincinnati Cleveland Columbia Davenport . Temperature, Barometer. | De; Des ‘Mot 's Moines Detroit El Paso Galveston. Helena Huron Ind'apolis Jack'ville Kans. City L. Angeles_ Louisville Miami Mpls.-St P 30 N. Orleans 20 D0 S O 13 S DS o RS SGIRIERSREIZEERSER £33 0.05 0.01 0.04 WASHD.C. 1088 0.07 Foreign Stations. Horta (Fayal), Azores 63 ¥ ((;:lfl‘ent observations.) 5:!: ‘ill‘ll. erto Rico. 7 Colon, Ganal