4 DISTRICT BILLS I Washington MEM RINDS FIRE Liner Queen ...

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4 DISTRICT BILLS Group Withholds Indorse- ment of Proposed Small Claims Court. The District Bar Association last night opposed four bills which had been sumbitted by the District Com- missioners to the last Congress, and withheld indorsement of the pro- posed small claims court for the Dis- trict, voting to give the latter project further study. The bills condemned would deprive many Police Court defendants of their present right to trial by’ jury; provide for compulsory service of women on juries: change regulations regarding legal claims against the District government, and permit fore- closures of mortgages and deeds of trust only on court order. President Walter Bastian said the bills were submitted to the association by the corporation counsel for consid- eration with a view to determining whether they should be introduced at the coming session of Congress. Action on the small claims court proposal was deferred almost without debate, although a special committee appointed to study the matter had recommended that the association go on record favoring It. Wheatley Voices Objection. The first objection to it was voiced by H. Winship Wheatley, former president of the association, who said there still is a “marked disagreement" among the judges of Municipal Court concerning it. and suggested that "if we are going back to the justice ol the peace system, we should do sc advisedly and not by indirection.” A motion to table the matter was approved. 1 The small claims court plan has been strongly advocated by Judge Nathan Clayton of Municipal Court and the scheme outlined to the meet- ing by Albert E. Steinem, chairman of the bar association committee, fol- lowed his proposals. Briefly, claims of $50 or less would be heard, without the usual formalities of pleading and practice, by a judge from the Municipal Court bench. The tribunal would be a poor man’s court, permitting the filing and prose- cution of claims with little or no cost to the litigants. Hearings would be | speedy and payment of judgments j would be arranged so as to cause the ; least possible hardship. Similar courts have been established In a number of other cities and have worked with marked success, Steinem declared. It is expected that the matter will i be brought before the association again before the end of the year. I An announcement by George C Gertmnn. secretary for the last 11 years, that he intended to retire from the secretaryship at the expiration ol his present term caused a considerable stir. It is understood that he has been mentioned as a candidate for the pres- idency. Elections will be held in Jan- uary. Recommendation Adopted. The recommendation of a special committee headed by T. Edward O'Connell for disapproval of the Po- lice Court jury trial bill was adopted allhost unanimously. O'Connell contended the bill wat unconstitutional and would lead tc confusion. He listed 15 offenses in which the defendant would be de- prived of trial by jury. They were un- lawful entry, possession of indecent pictures, attempted joy riding, accept- ing a bet, false charges of unchastity, fraudulent advertising, third-offense speeding, 'operating an automobile after revocation of permit, no oper- ator's permit, leaving after colliding, permitting gaming, larceny after trust, unpaid board bill, taking property without right and soliciting prostitu- tion. He said the controlling interpreta- tion here of the constitutional provi- sion that “the trial of all crimes, ex- cept in the case of impeachment, shall be by jury,” was made in the case of Blackburn vs. the United States, in which the Court of Appeals held »t an offense which could be pun- id by as much as 90 days’ im- grtsonment should be tried by a jury. Be pointed out that the bill would w imprisonment for a year with- out a jury trial. On recommendation of a commit- tee headed by Alvin L. Newmyer the association voted against a bill which wrfpld deprive women of the right to decline to serve on juries. llfewmyer said the committee was fljoved by consideration of the hard- ship and embarrassment which un- wanted service would bring to many Bill Voted Down. Without benefit of a committee re- port the association unanimously voted down a bill which would change the period in which a claimant against the District Government is re- quired to file a written report of the occurrence on which he bases his claim from six months to 30 days On motion of William C. Sullivan a committee was authorized to consider the recommendation that the six- nionth period be lengthened to three years. »An adverse vote was recorded on a'bill which would give a mortgagor 90 days in which to cure his default and require a court order tor all fore- closures. The bill was reported bj Joseph low. As an alternative the association directed Low and his com- mittee to recommend a bill which fcouid prescribe terms and condition! Of foreclosures, but without court lotion. .After hearing a report by Gertmar disapproving a bill advocated by Sen- ator King, chairman of the Senate Pfartrict Committee, prescribing the •emotion of a commission to revise thSDistrict code, the association re- ferred the matter to its Board ol Directors. Gertman suggested that tpei^President appoint a commlssior of three lawyers on recommendatior dCiShe District Court, and that each £p«ld $10,000 a year. He said Sena- Klng wanted to give the joint and House District Commit- Sis the appointive power and limit e commission to two members, one to receive $5,000 a year and the other $3,600. A rewriting of the code has tong been urged by various groups. ‘In' Uniform Sales Act. s William E. Richardson said Senator 'has agreed to Introduce In the the association’s redraft of the governing incorporation and A. Roberts, former people’* fcl, said the proposed uniform •ct for the District again will be placed before Congress. The following were elected as a Nominating Committee to choose can- didates for the January election: E. •Russel Kelly, Ralph D. Qulnter, John Charles E. Pledger, George I, Harry T. Whalen and Ed- Jones. I Washington Wayside Tales Random Observations of Interesting Events and Things. CONCLUSION. ANEW nurse, recently arrived at the George E. Hamilton resi- dence on Wyoming avenue, was being regaled the other day by little Betty May. the next to youngest of the household, concerning past servants in the household and when they had left or had been dis- charged. "Only one was ever fired,” said Betty, "the rest just left. “I’ve often wondered whether daddy was ever going to fire mummy or not, but he hasn't done It yet. so I guess mummy will stay on for a while.” * * * * REMEMBRANCE DAY. It is not Armistice day for Cana- dians in Washington, nor for Cana- dians in Canada either for that matter. Canada observes November 11 as a national holiday, but under the more poetic name, “Remembrance day.” And, there is so much to remem- ber. * * * * RELIEF. \ SSISTANT DISTRICT ATTOR- ^ NEY DAVID A. HART at Police Court often has been heard to say a word or two anent his salary, but he never has been known to suggest he might get on the relief rolls. He came mighty near it the other day, however. David lives at 3708 Jenifer street. Another David Hart, it seems, lives j at 42 L street. The Jenifer street 1 Hart got a letter at the home address. It had been sent to L street. Postal clerks had written the Jenifer street Hart’s address on the outside, j Inclosed was an order on any gro- | eery store to furnish to the Hart household 9 pounds of beef. 4 pounds of prunes, 4 pounds of peas and 1 pound of flour. * * * * FLIGHT. 'T'HE Third World Power Conference may be just something that was in the papers last September to the average Washingtonian, but it is a more vivid memory to young women employes of the P. W. A. One of them, selected as a hostess for the occasion, found herself at a social function attached to a repre- sentative of the Czechoslovakian paper industry. They were getting along perfectly grand until, late in the evening, the visitor filled a gap In the conversation with the question: "What do you do with your time?” "Why, I work,” said the girl, as- suming that had been understood all I the time. “For whom?" "For the Government,” the girl ex- plained. It was at that point that the man j fled. “As if,” says the girl, “he had I encountered one of those incompre- hensible Amazons on Stalin's pay roll.” CUSTOM STALES. gELOW the Rio Grande a gentle- man, when lighting a lady’s cigarette, may also claim a kiss if | she blows out the match. One of i the young women at a Central Amer- ican legation here noticed, on her arrival a few years ago, that the cus- tom was quite unknown in the States, j So as time went on she forgot about it herself, and thought no more about it than her escorts when she absent-mindedly extinguished the lights they held for her. She remembered—too late—when with a group from the Mexican Em- bassy the other night. * * * * NO REPLY. An ardent Democratic rooter at the National Press Club belatedly celebrating the Roosevelt election victory sent the following wire to the Literary Digest: "What do you predict for 1940?“ The wire was unanswered. The sender was not Paul Mc- Gahan. who gave flve-to-one odds that London would carry Pennsyl- vania by more than 150,000. * * * * REVISE. J7VEN the Post Office Department is open to an occasional mistake, It seems. Postmasters receiving a recent Issue of the Postal Bulletin, official publi- cation of instructions and notices, wrinkled their brows over a notice by Harllee Branch, Second Assistant Postmaster General, to the effect that packages addressed to foreign coun- tries should be accepted even If Christmas stamps were pasted on con- trary to regulations. The violations could be overlooked, Branch said, be- tween November 15,1926 and January 15. 1937. Ten years and two months seemed rather long to postmasters, especially since the order would be retroactive for 9 years and 11 months, but now the whole thing is cleared up. In another notice to postmasters Branch says to forget the earlier order. What he meant to say was from November 16, 1936, to January 15, 1937. What’s a decade or so between postmasters, it seems. INDICTED IN KIDNAPING TACOMA Wash., November 11 WP). —A Federal grand jury indicted Ed- ward Fliss, 30, yesterday on charges of conspiracy to kidnap and of pass- ing and transporting ransom money In the Weyerhaeuser ease. The indictment charged Fliss con- spired with William Mahan, Harmon and Margaret Waley to kidnap George Weyerhaeuser, 9, of Tacoma prior to May, 1935. It also alleged two siCclllc violations of the new Federal law prohibiting passing of ransom moneys. Fliss was held in the SeatU^HCttty Jail in lieu of «30,000 ball. i. MEM RINDS FOR MONTGOMERY State Increases Appropria- tion for Secondary Sys- tem Maintenance. Qt a BtaB Correspondent ot The st»r. ROCKVILLE. Md., November 11.— A substantial increase in appropria- tions for maintenance work upon Montgomery County's secondary road system has been approved by the State Roads Commission for the new fiscal year. In addition, efforts are being made by the commission to obtain rights- of-way for widening and paving the portion of Viers Mill road left un- improved when the new thoroughfare was built between Wheaton and Rock- ville several years ago. Difficulty Is being experienced In acquiring land from one of the largest property holders along the road, how- ever, and It is said the surfacing of the mile stretch of unpaved roadway may be delayed further. Increased to $95,000. Cut to approximately $55,000 In 1935-6 because of an overdraft of more than $200,000 in Montgomery’s secondary road account, the main- tenance appropriation will be in- creased to $95,000 during the new fiscal period which began last month. The announcements regarding the Increased appropriation and the Viers Mill road were made by the county commissioners at their meeting here yesterday after a conference with highway department heads on Monday in Baltimore. The road commissioners' decision ends, for one year, at least, worries over the face of the secondary roads in Montgomery. Maintenance was seriously curtailed in 1935-6, leaving many roads in serious need of repairs and it has been felt that irreparable damage would be wrought to the thoroughfares unless immediate action w as taken. Maintenance work is carried on by the State commission and charged against funds apportioned to the county from State gasoline tax revenue. Retirement of Overdraft. Although Montgomery’s share ap- proximates $125,000 annually, only $55,000 was expended for maintenance last year with the State assigning the remainder to retirement of a por- tion of the overdraft occuring from work done in other years. Under the highway officials’ de- cision. but $30,000 will be utilized for retirement of the overdraft this year and $95,000 will go toward upkeep. A delegation from Kensington ap- peared before the county commis- sioners yesterday and urged steps be taken to acquire the right of way of the Kensington-Sandy Spring Rail- way lying south of the Kensington corporate limits. The board, which took the re- quest under advisement, was told Dy spokesmen for the delegation and the Continental Life Insurance Co. the latter concern would build and dedicate without cost to the county a modem roadway running from North Chevy Chase to the Kensington limits if the right of way is made available. Tract for Park. In addition, it was said, the in- surance firm, which plans to de- velop its holdings along the railway into a subdivision and requires the roadway for that purpose, will donate a tract of land to the county for park purposes. Neither the area nor the location of the tract has been determined as yet. but it would be within close proximity to the park system of the Maryland-National Capital Park and Planning Commission. Mayor Edward R. Saunders, Corpo- ration Counsel Wilson L. Townsend and Irving C. Root, chief engineer for the park and planning group, in- dorsed the plan. It was pointed out the town already has obtained the right of way of the railroad within its limits through forfeiture of the railway's charter. The road, which operated between Kensington and Chevy Chase Lake, abandoned operations more than a year ago. “GOOD-WILL COURTS” OF RADIO ATTACKED New York County Lawjers Say Advice Is Unethical and Often Misinterpreted. By the Associated Press. NEW YORK, November 11.—Radio “good-will courts,” In which advice is given by active or retired lawyers or judges on personal and domestic problems, were condemned as un- ethical in a report of a special com- mittee of the New York County Lawyers' Association approved by the organization’s board of directors last night. The committee, headed by George z. Medalie, recommended as the first step toward the abolition of such broadcasts the adoption of a rule by the appellate division against the participation of lawyers in them. The report commented on the broadcasts: “The judge attempts to give ad- vice. He is frequently interrupted and even corrected by the conductor. While the identity of the so-called litigant is not published, other persons interested in the controversy can • • • identify him by listening. “* * * There is no opportunity to obtain a complete statement of the facta and the judge has practically no opportunity to check the correct- ness and the soundness of his snap judgments. The advice is accom- panied by the announcer’s solicitation to purchase the sponsor’s coffee. * * The claim that there is a sociological value is found to be utterly absurd.” Back in U. S. RETURNS FROM ENGLAND AFTER COURT FIGHT. BETTE DAVIS. Hollywood film star, shown as she arrived in New York yes- terday on the liner Aditania. She has just returned from England, where she lost a court fight last month to break her contract with Warner Bros, so that she could appear in a British production. —Copyright, A. P. Wirephoto. HOEPPEL MOTION Extension of Time to Offer Petition for Rehearing Is Refused. By the Associated Press. Chief Justice Hughes today denied a motion by counsel for Representative John H. Hoeppel of California and his son Charles for an extension of time to file a petition for a rehearing of their conviction on a charge of con- spiracy to sell a West Point appoint- ment. The high court recently refused to review the decision of the Court of Appeals here, which affirmed the Hoep- pels’ conviction and sentence of four months to a year in prison. Attorney Jacob L. Morewiti of New- port News. Va., told the court the Hoeppels had been held incommuni- cado in Richmond. Va.. for several days and said the time for perfecting a petition for rehearing in the Su- preme Court would expire tomorrow. A hearing on their removal from Rich- mond to the District of Columbia Jail is set for Friday. Jury Held Not Impartial. In denying the request for an ex- tension of time the chief justice said counsel already had had more than 30 days to prepare their case. The Hoeppels contended the jury which tried and convicted them was not impartial, asserting five jurors had indirect connections with the Government or the Army. RETAIN NEW ATTORNEY. Hoeppcls Remanded to Jail in Hen- rico County, Ya. the Associated Press. RICHMOND. November 11.—Repre- sented by new counsel after their attorney, Jesse C. Duke, was barred from practice in United States District Court yesterday. Representative John H. Hoeppel of California and his son Charles were remanded to Henrico County jail last night on a continu- ance of their removal hearing until 10 a.m. Friday. Federal Judge Robert N. Pollard granted the continuance to allow new counsel, Jacob Morewitz of Newport News, Va., time in which to familiar- ize himself with the case. The Hoep- pels are fighting return to Washing- ton, where they are under sentences of four months to a year for con- spiring to sell an appointment to the United States Military Academy. The 56-year-old Congressman and his son, 24, were arrested in a tourist home on the outskirts of Richmond November 7 on warrants charging them with being fugitives from Washington. As court convened today Judge Pol- lard denied Duke's eligibility to ap- pear before the bar. Duke said defense counsel was con- sidering taking the case before the United States Fourth Circuit Court of Appeals. STEPS OF LEARNING Marble Trod by Ancient Philos- ophers to Go to Bollins College. ATHENS, Greece. November 11 UP). —Ancient marbles, supposed by archeologists to be from the ground trod by Pericles, Plato, Demosthenes and, some claim, St. Paul, will shortly leave Greece to joint other historic flagstones forming the path of fame at Rollins College, Florida. The stones were presented to the American Minister, Lincoln Mac- Veagh, and the Near East Foundation by Archeological Director Alexander Philadelpheus at ceremonies before the Temple of Zeus in Athens. 0 Night Final Delivered by Carrier Anywhere in the City Full Sports Race Results, Complete Market News of the Day, Latest News Flashes from Around the World. Whatever it is, you'll find it in The Night Final Sports Edition, j THE NIGHT FINAL SPORTS and SUNDAY 8TAR—delivered by carrier—70c a month. Call National 6000 and service Will start at onoe. 1 I 4 SAVED AS FIRE DAMAGES HOME Two Invalid Women Carried to Safety at Silver Spring. bpeclai Dupatch to The Star. SILVER SPRING, Md., November 11.—Four people, including two in- valid women, were saved from pos- sible death or serious Injury when a member of the family returning from work discovered the home of Thomas A. Murtaugh, at 8710 Georgia avenue, on-fire early today. The blaze had spread from the basement to the rear of the first and second floors of the structure and was eating its way toward the bed rooms of the sleeping persons when Joseph Murtaugh, a brother of the tenant, arrived shortly before 2 o’clock. Joseph Murtaugh hastily aroused his brother and sister-in-law and his invalid mother and aunt, Mrs. Fran- cis Murtaugh and Miss Agnes Mur- taugh, and removed the latter two to the porch of the house with the assistance of his brother. Silver Spring firemen, responding on the alarm, carried the two in- valids to a neighbor's home by means of a wheel chair and stretcher. The fire, which was extinguished Soon after the firemen, arrived, caused damage estimated at approximately $1,000. It is believed it started in a clothes hamper near a container in which hot ashes had been deposited before the Murtaughs retired. It spread upstairs through a clothes chute. Abattoir (Continued From First Page.) Planning Commlsalon. The latter also Is chairman of the American Planning and Civic Association, which, through its Committee of One Hundred on the Federal City, has taken a leading part in the fight to block issuance of the abattoir permit. Developments’ Harm Feared. Their chief reasons for opposing the projected slaughter house opera- tions are based on the grounds that such a “nuisance industry” would be harmful to the public parks in the vicinity and projected low-cost hous- ing developments. The site of the proposed meat rendering business is near Benning road and Kenilworth avenue, opposite the Benning viaduct. Nolen's report gave it as his opinion: “1. That the testimony presented to the committee Indicated that the design of the plant, the volume of business transacted, the varied activi- ties and the methods of operation | inevitably necessary to the transpor- tation. holding, killing and disposal of 5,000 hogs, cattle and sheep per week would per se create a public nuisance from one or more sources. “2. That the inspection of the plant in Baltimore indicated that the same ; activities on the scale proposed for ! the Gobel plant would probably create a public nuisance under the conditions of location and the psysical and at- mospheric environment obtaining at the site of the proposed Gobel plant in Washington. “3. That the known experience of other cities leads to the further con- clusion that even though the existence of a nuisance in any particular in- stance may be mitigated by special conditions surrounding an existing abattoir, packing and rendering plant, the fact remains that these cities I have either prohibited the enlarge- 1 ment or new construction of such plants entirely or have adopted the most rigid restrictions as to their lo- cation and the operations conducted. This very fact, based upon first-hand experience, proves that the character- istics of such an industry are in- evitably objectionable and a nuisance. In fact, such industries have been rec- ognized legally as nuisances per se under certain conditions of environ- ment.” Standards Here Higher. He recounted the various Federal improvements and expenditures in the abbatolr area and then argued: "The existence of nuisance may be relatively more obvious In certain cases. The District of Columbia was established for the sole purpose of providing a seat of government for the United States and as a result the standards established by law and reg- ulation are, on the whole, recognized as desirably higher than in most com- munities. "With these public interests at stake, in addition to those of private property owner, it it difficult to conceive of an abattoir with its necessary stock pens, casing and rendering (blood and fer- tilizer) being conducted in such a manner as not to lead inevitably to a public nuisance. If that be the case, the granting of the permit for the abattoir would place the Commission- ers in the position of having tacitly allowed the Gobel Co. to make a sub- stantial investment in the face of a very reasonable doubt that it could operate such a plant without nuisance. “Is it not, therefore, a more proper and consistent policy in the public in- terest. for the Commissioners to refuse to grant this permit, and if the com- pany then so desires, let the court decide whether, upon competent testl- many, ine acuon oi me wmmissioneio can be sustained.” The committee of District officials, headed by Dr. Ruhland. urged In Its report that the District Zoning Com- mission give immediate consideration to an amendment to the coning regu- lations to prohibit establishment or enlargement of abattoirs In the Dis- trict unless the approval of the Zoning Commission was given. The commissioners yesterday con- sidered, but did not act on the report of the Ruhland Committee. Members of that group told the commissioners they felt "there was no alternative,” but to issue permits for the erection of four three-story buildings and the remodeling of a sausage manufactur- ing plant, provided certain require- ments were met. The committee would require that certain sewage features of the plant must meet the approval of the di- rector of sanitary engineering; that plumbing plans must be approved by the director of sanitary engineering and the Bureau of Animal Industry, Agriculture Department; that manure bins must be water and fly tight, and that grease tanks must pass certain requirements. Two Phases to Inquiry. "The committee has concerned It- self primarily with two qqestions,” the Commissioners were told. “First, whether the character and quantity of the water and waste matter will be In- troduced by this plant into the sani- tary sewer will create a nuisance either In the sewer Itself or at the aewags * A Commands Liner Queen Mary Capt. Robert Irving, recently appointed commander of the liner Queen Mary, shown with his wife at the doorway of Bon- shaw Tower, Ecclefechan, Scotland, home of the Irving family for hundreds of years. Capt. Irving, formerly in command of the Aquitania, succeeds the late Sir Edgar Britten. Detectives Hold Sailor for Questioning in Moritz Murder Case. BJ the Associated Press. BALTIMORE. November 11.—A sailor wanted for questioning in the ; murder of William Moritz, retired New j York merchant, and two other slay- ! ings, walked Into a police trap today j and was arrested by New York and i Baltimore detectives. The fqur detectives took the sailor to police headquarters, where he was docketed as Gall Gilmore. He had the words "hard luck” tattooed across his knuckles. Detectives James T. Smith and Gus- ta» Schley of the 120th squad, Staten Island police, came here with a de- j j scription of Gilmore and trailed him ! down with Detective Lleuts. William Feehley and George Klemmick of the ; Baltimore police. They said they arrested him early today on the doorstep of a rooming ! house near the waterfront on charges | of murdering the wealthy Moritz three ! years ago. ] The New York detectives said Gil-1 ! more also will be questioned in 1 1 the disappearance of Carl Schmidt, 1 New York boat owner, and the un- solved death of Starr Faithful, whose body washed ashore on Long Island 1 in June. 1931. Detectives reported they found blood- | stains in the cabin of Gilmore's sloop vjv.1 ii (jinwa. iuviiiu* wv-'-u three times and stabbed. Lieut. Freehley said Gilmore would be questioned "on general principles" in cases similar to that of Moritz. He said the Starr Faithful case was in- cluded in this class, but that there was nothing definite to link Gilmore with the crime. Smith and Schley said that when Gilmore was arrested, he was carry- ing papers belonging to Schmidt, who disappeared about the same time as Moritz and who was believed to have; been killed. SMOKE SCARE CALLS ENGINE TO CAPITOL Guard Turns In Alarm, but Thor- ough Search of Wing Fails to Find Fire. A "smoke scare” sent No. 3 Engine Company and No. 1 Truck Company rushing to the Capitol last night. One of the Capitol guards had turned in a local alarm after he saw smoke pouring from the south wing and settling around the dome. Every room In the wing was searched and the roof was inspected, but no fire could be found. When the smoke dis- appeared the firemen left. The theory advanced today was that some one in a committee room may have started a fire in one of the fire- places. disposal plant; second, whether the plant, when constructed according to the plans, will create a nuisance to the neighborhood in which the pro- posed establishment is to be con- structed. "On the first question, the commit- tee Is of the opinion, based entirely upon the report submitted by Harold A. Kemp, general superintendent of the design and construction of the District sewage disposal plant, that the water and waste matter Intro- duced into the sewerage system will not constitute a nuisance, provided that the changes In the plumbing plans hereinbefore suggested are made, and assuming that the plant will be operated In accordance with the as- surances given this committee In writing by the Gobel Co.” Second Question Held Difficult. Asserting that the answer to the second question was more difficult, the committee referred to the protests by the P. W. A. and certain property owners and an Indorsement from the Bennlng Citizens’ Association, and concluded: ‘This building permit can- not be denied when the plans are made to conform to present regula- tions unless the Commissioners are In a position to prove that this plant, when operated, will create a nuis- ance." A Pledge of Loyalty May Win Approval of Italy at Conference. Bt the Associated Press. VIENNA. November 11.—Restoration of Hungary's war-carved domain was acknowledged today in informed quar- ters as one of the most important questions to come up in the tri-power conversations here. Italian approval, observers said, may be forthcoming in return for a pledge of Hufigary's loyalty. Simultaneously, as the foreign min- isters of the three nations—Italy. Aus- tria and Hungary—opened the first of a two-day series of conferences, a chancellery spokesman said Austria and Hungary would recognize the Italian conquest of Ethiopia as a birth- day present to King Victor Emmanuel of Italy. The formal recognition, the spokes- man said, would take place at the of- ficial dinner for the conference min- isters at the Schoenbrunn Palace to- night. (So far. Germany alone of Europe's great powers has recognized Victor Emmanuel, who celebrates his 67th birthday today, as King-Emperor of the Italo—Ethiopian empire.) With the opening of the far-reach- ing conversations, informed quarters said "independence and equality" had been adopted as the keynote of the talks. This was Interpreted as meaning Hungary may demand permission to rearm herself on a large scale, thus joining Germany In casting off the shackles of the post-war treaty of Versailles. The three foreign ministers—Kolo- man von Kanya of Hungary. Count Galeazzo Ciano of Italy and Dr. Guido Schmidt of Austria—opened the two- day ceremonies by attending a birth- day mass for Victor Emmanuel at the Minorities Church. Heavy police concentrations cor- doned the church area to guard the diplomats. WARMER WEATHER DUE HERE AFTER DROP TO 30 Minimum of 38 Predicted for To- night, With Cloudy Day Tomorrow. Warmer weather was in prospect to- day as the mercury started up after dropping below the freezing mark for the first time in two weeks. The low temperature—30 degrees— was recorded at 7 am. today. At 9:30 the temperature had climbed to 43. The forecast is for fair and warmer this afternoon and tonight, with a minimum of 38 expected overnight. Tomorrow, the Weather Bureau says, will be mostly cloudy and warmer. Yesterday’s maximum was 52 at 1:15 p.m. The last freezing weather here was on October 28, when there was a killing frost. Frost was evident in the suburbs again today. INDICTED ON CHARGE OF POISONING BROTHER Indiana Painter Reported to Have Planned to Uee Life Insurance for Honeymoon. Ft the Associated Frets. ELKHART, Ind., November 11.—A grand jury indicted Lester B. Slack, 34-year-old house painter and in- terior decorator, yesterday as a mod- em “Cain,’* charging him with the first degree murder of his brother, Elgy Slack, 38. ‘The Indictment was returned after two days of Investigation, during which the grand Jurors heard police officers say Slack confessed having placed poison crystals in a bottle of wine he had given his brother. Offi- cers said Slack told them he planned to collect 81,000 life insurance carried by his brother, wed Mrs. Helen Ker- ebevaL Mishawaka, Ind., divorcee, and honeymoon with her in Florida Ibis Winter. I Letter to Frederic A. Delano Gives Gobel Company’s Side of Controversy. W. Owynn Gardiner, counsel for Adolf Gobel, Inc., In their efforts to obtain a permit to construct an abat- toir in Northeast Washington, has written a letter to Frederic A. Delano, chairman of the National Capital Park and Planning Commission and the Committee of One Hundred on the Federal City of the American Planning and Civic Association, giving addi- tional data on the company's side of the controversy. Old LofBer Plant. "This plant is the old LofBer plant that has been in operation since 1887,” the letter said. “In 1934 there was a very bad fire which damaged the machinery and destroyed a part of the building. It necessarily required some time to ad- just insurance and to prepare lor the repairing of the building and the re- placement of the machinery de- stroyed. The Gobel plant, which is the old Loffler plant (the corporation name having been changed! desired to rebuild the plant in the most ipod- ern way and to equip it with the most modem machinery, having in mind three things: (1) Economy, (2! com- petition, (3> improvement of work- ing conditions for those employed by it and the destruction of any possible offensiveness to individ- uals or the community. The plant is being constructed on the same os wjc uiigmai piani. is of the same size as the original plant, no smaller and no larger. Its operations are to be of the same char- acter, no larger, no smaller, no dif- ferent. Its construction Is under plans prepared by the leading architects in the construction of this character of building in this country. Its machin- ery is of the latest and most compe- tent kind. It has been selected after more than six months of hard work with engineers studying various ma- chines and equipment in order that we may have the best that money can buy. It has for its purpose the bring- ing of considerable money to Wash- ington in bank deposits, in the employ- ment of 400 persons, whose money will be disbursed among the merchants in Washington and deposited in the banks in Washington. Furthermore, for six months these plans have been before the Bureau of Animal Industry of the Agriculture Department and Dr. Moh- ler, the chief of that bureau,, and his assistants have approved these plans as meeting all requirements and in every particular the most modern plant. "We are not establishing an abattoir in the District of Columbia. We are simply carrying on a business which has been carried on uninterruptedly since 1887. (I say ‘uninterruptedly' because, while we have not killed cattle since the fire, live stock of all kind have come into the yard and been transferred to other plants for slaugh- ter during the period of our prepara- tion for rebuilding.) Why should a man’s business be taken away from him because some one who feels un- kindly toward such a business thinks that at some future day something is going to be done in that community and that the business established since 1887 might be offensive to something that might be done at some future day? Partly Destroyed by Fire. “Now, you know very’ well that a plant that has been operating since 1887, which was partly destroyed by fire and which, as a result of being partly destroyed, is being rebuilt in the most modern manner, with Ut- most modem machinery, cannot add to what now exists. Furthermore, do you know that there are eight slaugh- ter houses In the District of Columbia now operating? Do you know that those eight slaughter houses are kill- ing live stock for human consumption and that some of them at least have no Government supervision or inspec- tion over the meat killed and sold for human consumption? Do you know that some of these places are right In the most thickly populated part of Washington, whereas, may I tell you that this plant is being operated under the most stringent rules of the Fed- eral Government; that a Federal in- spector stands by and examines every cow and hog and sheep that is killed and that several inspectors stand by and examine the carcass of every one after death before it leaves the slaughter room to be put in refrigera- tion? And do you know that an In- spector puts the Federal stamp of ap- proval upon every piece of meat before it goes into the chilling room? These are facts that are worthy of considera- tion and facts that business men with common sense and good Judgment cannot turn their backs on. “l*t me go further. The Com- missioners of the District of Colum- bia realize that they have no right to decline a permit to this man and withhold the final permit for the com- pletion of the building (they have granted the permits for the founda- tions and the foundations have all been laid) at a very considerable cost to my client, until a committee ap- pointed by the Commissioners could determine whether or not there was any nuisance connected with the op- eration of this nlant. Approved by Association. “The citizens' association of that community has by a resolution passed by it approved this project, and 150 of the citizens in the community and surrounding neighborhood, including all of those in close proximity to the plant, have signed a petition urging the rebuilding of this plant and the re- sumption of Its operations. That reso- lution and that petition signed by our citizens has been placed with and is now before the Commissioners of the District of Columbia for their infor- mation and guidance In the matter. "The distance of this plant from the Federal project now being opened up and developed is exactly one mile.” Iowans to Honor Chemist. The State University of Iowa Club of Washington will welcome Dr. Ed- ward Bartow, president of the Ameri- can Chemical Society and head of chemistry and chemical engineering at Iowa University, at luncheon at the Harrington Hotel at 12:15 p.m. Friday. The meeting will take the place of the regular November luncheon. ; Gridster Gets 5 Yean. For attacking and seriously Injuring a referee after a game, a member of a foot ball team at Sosnowlec, Poland, has been sentenced to five years in prison. 4' I '

Transcript of 4 DISTRICT BILLS I Washington MEM RINDS FIRE Liner Queen ...

Page 1: 4 DISTRICT BILLS I Washington MEM RINDS FIRE Liner Queen ...

4 DISTRICT BILLS

Group Withholds Indorse-

ment of Proposed Small Claims Court.

The District Bar Association last night opposed four bills which had been sumbitted by the District Com- missioners to the last Congress, and withheld indorsement of the pro- posed small claims court for the Dis- trict, voting to give the latter project further study.

The bills condemned would deprive many Police Court defendants of their present right to trial by’ jury; provide for compulsory service of women on juries: change regulations regarding legal claims against the District government, and permit fore- closures of mortgages and deeds of trust only on court order.

President Walter Bastian said the bills were submitted to the association by the corporation counsel for consid- eration with a view to determining whether they should be introduced at

the coming session of Congress. Action on the small claims court

proposal was deferred almost without debate, although a special committee

appointed to study the matter had recommended that the association go on record favoring It.

Wheatley Voices Objection. The first objection to it was voiced

by H. Winship Wheatley, former

president of the association, who said there still is a “marked disagreement" among the judges of Municipal Court concerning it. and suggested that "if we are going back to the justice ol the peace system, we should do sc

advisedly and not by indirection.” A motion to table the matter was

approved. 1 The small claims court plan has

been strongly advocated by Judge Nathan Clayton of Municipal Court and the scheme outlined to the meet-

ing by Albert E. Steinem, chairman of the bar association committee, fol- lowed his proposals.

Briefly, claims of $50 or less would be heard, without the usual formalities of pleading and practice, by a judge from the Municipal Court bench.

The tribunal would be a poor man’s court, permitting the filing and prose- cution of claims with little or no cost to the litigants. Hearings would be

| speedy and payment of judgments j would be arranged so as to cause the ; least possible hardship.

Similar courts have been established In a number of other cities and have worked with marked success, Steinem declared. It is expected that the matter will

i be brought before the association

again before the end of the year. I An announcement by George C

Gertmnn. secretary for the last 11 years, that he intended to retire from the secretaryship at the expiration ol his present term caused a considerable stir. It is understood that he has been mentioned as a candidate for the pres- idency. Elections will be held in Jan- uary.

Recommendation Adopted. The recommendation of a special

committee headed by T. Edward O'Connell for disapproval of the Po- lice Court jury trial bill was adopted allhost unanimously.

O'Connell contended the bill wat unconstitutional and would lead tc confusion. He listed 15 offenses in which the defendant would be de- prived of trial by jury. They were un- lawful entry, possession of indecent pictures, attempted joy riding, accept- ing a bet, false charges of unchastity, fraudulent advertising, third-offense speeding, 'operating an automobile after revocation of permit, no oper- ator's permit, leaving after colliding, permitting gaming, larceny after trust, unpaid board bill, taking property without right and soliciting prostitu- tion.

He said the controlling interpreta- tion here of the constitutional provi- sion that “the trial of all crimes, ex- cept in the case of impeachment, shall be by jury,” was made in the case

of Blackburn vs. the United States, in which the Court of Appeals held

»t an offense which could be pun- id by as much as 90 days’ im-

grtsonment should be tried by a jury. Be pointed out that the bill would

w imprisonment for a year with- out a jury trial.

On recommendation of a commit- tee headed by Alvin L. Newmyer the association voted against a bill which wrfpld deprive women of the right to decline to serve on juries.

• llfewmyer said the committee was

fljoved by consideration of the hard- ship and embarrassment which un- wanted service would bring to many

Bill Voted Down. Without benefit of a committee re-

port the association unanimously voted down a bill which would change the period in which a claimant against the District Government is re- quired to file a written report of the occurrence on which he bases his claim from six months to 30 days

On motion of William C. Sullivan a committee was authorized to consider the recommendation that the six- nionth period be lengthened to three years.

»An adverse vote was recorded on a'bill which would give a mortgagor 90 days in which to cure his default and require a court order tor all fore- closures. The bill was reported bj Joseph low. As an alternative the association directed Low and his com- mittee to recommend a bill which fcouid prescribe terms and condition! Of foreclosures, but without court lotion.

.After hearing a report by Gertmar disapproving a bill advocated by Sen- ator King, chairman of the Senate Pfartrict Committee, prescribing the •emotion of a commission to revise thSDistrict code, the association re- ferred the matter to its Board ol Directors. Gertman suggested that tpei^President appoint a commlssior of three lawyers on recommendatior dCiShe District Court, and that each

£p«ld $10,000 a year. He said Sena- Klng wanted to give the joint

and House District Commit-

Sis the appointive power and limit e commission to two members, one

to receive $5,000 a year and the other $3,600. A rewriting of the code has tong been urged by various groups.

‘In' Uniform Sales Act. s William E. Richardson said Senator

'has agreed to Introduce In the the association’s redraft of the governing incorporation and A. Roberts, former people’*

fcl, said the proposed uniform •ct for the District again will

be placed before Congress. The following were elected as a

Nominating Committee to choose can- didates for the January election: E.

•Russel Kelly, Ralph D. Qulnter, John Charles E. Pledger, George

I, Harry T. Whalen and Ed- Jones.

I Washington Wayside

Tales Random Observations of Interesting Events

and Things. CONCLUSION.

ANEW nurse, recently arrived at

the George E. Hamilton resi-

dence on Wyoming avenue, was being regaled the other

day by little Betty May. the next to

youngest of the household, concerning past servants in the household and when they had left or had been dis- charged.

"Only one was ever fired,” said Betty, "the rest just left.

“I’ve often wondered whether daddy was ever going to fire mummy or not, but he hasn't done It yet. so I guess mummy will stay on for a while.”

* * * *

REMEMBRANCE DAY. It is not Armistice day for Cana-

dians in Washington, nor for Cana- dians in Canada either for that matter.

Canada observes November 11 as

a national holiday, but under the more poetic name, “Remembrance day.”

And, there is so much to remem-

ber. * * * *

RELIEF.

\ SSISTANT DISTRICT ATTOR- ^ NEY DAVID A. HART at Police Court often has been heard to say a

word or two anent his salary, but he never has been known to suggest he might get on the relief rolls.

He came mighty near it the other day, however.

David lives at 3708 Jenifer street. Another David Hart, it seems, lives

j at 42 L street. The Jenifer street 1 Hart got a letter at the home address. It had been sent to L street. Postal clerks had written the Jenifer street Hart’s address on the outside,

j Inclosed was an order on any gro- | eery store to furnish to the Hart

household 9 pounds of beef. 4 pounds of prunes, 4 pounds of peas and 1 pound of flour.

* * * *

FLIGHT.

'T'HE Third World Power Conference may be just something that was

in the papers last September to the average Washingtonian, but it is a

more vivid memory to young women employes of the P. W. A.

One of them, selected as a hostess for the occasion, found herself at a

social function attached to a repre- sentative of the Czechoslovakian paper industry. They were getting along perfectly grand until, late in the evening, the visitor filled a gap In the conversation with the question:

"What do you do with your time?” "Why, I work,” said the girl, as-

suming that had been understood all I the time.

“For whom?" "For the Government,” the girl ex-

plained. It was at that point that the man

j fled. “As if,” says the girl, “he had

I encountered one of those incompre- hensible Amazons on Stalin's pay roll.”

CUSTOM STALES.

gELOW the Rio Grande a gentle- man, when lighting a lady’s

cigarette, may also claim a kiss if | she blows out the match. One of i the young women at a Central Amer- ican legation here noticed, on her arrival a few years ago, that the cus- tom was quite unknown in the States,

j So as time went on she forgot about it herself, and thought no more about it than her escorts when she absent-mindedly extinguished the lights they held for her.

She remembered—too late—when with a group from the Mexican Em- bassy the other night.

* * * *

NO REPLY. An ardent Democratic rooter at

the National Press Club belatedly celebrating the Roosevelt election victory sent the following wire to the Literary Digest:

"What do you predict for 1940?“ The wire was unanswered. The sender was not Paul Mc-

Gahan. who gave flve-to-one odds that London would carry Pennsyl- vania by more than 150,000.

* * * *

REVISE.

J7VEN the Post Office Department is open to an occasional mistake,

It seems. Postmasters receiving a recent Issue

of the Postal Bulletin, official publi- cation of instructions and notices, wrinkled their brows over a notice by Harllee Branch, Second Assistant Postmaster General, to the effect that packages addressed to foreign coun- tries should be accepted even If Christmas stamps were pasted on con- trary to regulations. The violations could be overlooked, Branch said, be- tween November 15,1926 and January 15. 1937.

Ten years and two months seemed rather long to postmasters, especially since the order would be retroactive for 9 years and 11 months, but now the whole thing is cleared up. In another notice to postmasters Branch says to forget the earlier order. What he meant to say was from November 16, 1936, to January 15, 1937. What’s a decade or so between postmasters, it seems.

INDICTED IN KIDNAPING TACOMA Wash., November 11 WP).

—A Federal grand jury indicted Ed- ward Fliss, 30, yesterday on charges of conspiracy to kidnap and of pass- ing and transporting ransom money In the Weyerhaeuser ease.

The indictment charged Fliss con-

spired with William Mahan, Harmon and Margaret Waley to kidnap George Weyerhaeuser, 9, of Tacoma prior to May, 1935. It also alleged two siCclllc violations of the new Federal law prohibiting passing of ransom moneys.

Fliss was held in the SeatU^HCttty Jail in lieu of «30,000 ball.

i.

MEM RINDS FOR MONTGOMERY

State Increases Appropria- tion for Secondary Sys-

tem Maintenance. Qt a BtaB Correspondent ot The st»r.

ROCKVILLE. Md., November 11.— A substantial increase in appropria- tions for maintenance work upon Montgomery County's secondary road

system has been approved by the State Roads Commission for the new fiscal year.

In addition, efforts are being made by the commission to obtain rights- of-way for widening and paving the portion of Viers Mill road left un-

improved when the new thoroughfare was built between Wheaton and Rock- ville several years ago.

Difficulty Is being experienced In

acquiring land from one of the largest property holders along the road, how- ever, and It is said the surfacing of the mile stretch of unpaved roadway may be delayed further.

Increased to $95,000. Cut to approximately $55,000 In

1935-6 because of an overdraft of more than $200,000 in Montgomery’s secondary road account, the main-

tenance appropriation will be in- creased to $95,000 during the new

fiscal period which began last month.

The announcements regarding the Increased appropriation and the Viers

Mill road were made by the county commissioners at their meeting here

yesterday after a conference with

highway department heads on Monday in Baltimore.

The road commissioners' decision ends, for one year, at least, worries

over the face of the secondary roads in Montgomery. Maintenance was

seriously curtailed in 1935-6, leaving many roads in serious need of repairs and it has been felt that irreparable damage would be wrought to the

thoroughfares unless immediate action w as taken.

Maintenance work is carried on by the State commission and charged against funds apportioned to the

county from State gasoline tax revenue.

Retirement of Overdraft.

Although Montgomery’s share ap- proximates $125,000 annually, only $55,000 was expended for maintenance

last year with the State assigning the remainder to retirement of a por- tion of the overdraft occuring from work done in other years.

Under the highway officials’ de- cision. but $30,000 will be utilized for retirement of the overdraft this year and $95,000 will go toward upkeep.

A delegation from Kensington ap- peared before the county commis- sioners yesterday and urged steps be taken to acquire the right of way of the Kensington-Sandy Spring Rail- way lying south of the Kensington corporate limits.

The board, which took the re-

quest under advisement, was told Dy spokesmen for the delegation and the Continental Life Insurance Co.

the latter concern would build and dedicate without cost to the county a modem roadway running from North Chevy Chase to the Kensington limits if the right of way is made available.

Tract for Park.

In addition, it was said, the in- surance firm, which plans to de- velop its holdings along the railway into a subdivision and requires the

roadway for that purpose, will donate a tract of land to the county for park purposes.

Neither the area nor the location of the tract has been determined as

yet. but it would be within close proximity to the park system of the Maryland-National Capital Park and Planning Commission.

Mayor Edward R. Saunders, Corpo- ration Counsel Wilson L. Townsend and Irving C. Root, chief engineer for the park and planning group, in- dorsed the plan.

It was pointed out the town already has obtained the right of way of the railroad within its limits through forfeiture of the railway's charter. The road, which operated between Kensington and Chevy Chase Lake, abandoned operations more than a year ago.

“GOOD-WILL COURTS” OF RADIO ATTACKED

New York County Lawjers Say Advice Is Unethical and Often

Misinterpreted. By the Associated Press.

NEW YORK, November 11.—Radio “good-will courts,” In which advice is given by active or retired lawyers or judges on personal and domestic problems, were condemned as un-

ethical in a report of a special com- mittee of the New York County Lawyers' Association approved by the organization’s board of directors last night.

The committee, headed by George z. Medalie, recommended as the first step toward the abolition of such broadcasts the adoption of a rule by the appellate division against the participation of lawyers in them.

The report commented on the broadcasts:

“The judge attempts to give ad- vice. He is frequently interrupted and even corrected by the conductor. While the identity of the so-called litigant is not published, other persons interested in the controversy can • • •

identify him by listening. “* * * There is no opportunity to

obtain a complete statement of the facta and the judge has practically no opportunity to check the correct- ness and the soundness of his snap judgments. The advice is accom-

panied by the announcer’s solicitation to purchase the sponsor’s coffee. * * •

The claim that there is a sociological value is found to be utterly absurd.”

Back in U. S. RETURNS FROM ENGLAND

AFTER COURT FIGHT.

BETTE DAVIS. Hollywood film star, shown as she arrived in New York yes- terday on the liner Aditania. She has just returned from England, where she lost a court fight last month to break her contract with Warner Bros, so that she could appear in a British production. —Copyright, A. P. Wirephoto.

HOEPPEL MOTION

Extension of Time to Offer Petition for Rehearing

Is Refused. By the Associated Press.

Chief Justice Hughes today denied a motion by counsel for Representative John H. Hoeppel of California and his son Charles for an extension of time to file a petition for a rehearing of their conviction on a charge of con-

spiracy to sell a West Point appoint- ment.

The high court recently refused to review the decision of the Court of Appeals here, which affirmed the Hoep- pels’ conviction and sentence of four months to a year in prison.

Attorney Jacob L. Morewiti of New- port News. Va., told the court the Hoeppels had been held incommuni- cado in Richmond. Va.. for several days and said the time for perfecting a petition for rehearing in the Su- preme Court would expire tomorrow. A hearing on their removal from Rich- mond to the District of Columbia Jail is set for Friday.

Jury Held Not Impartial. In denying the request for an ex-

tension of time the chief justice said counsel already had had more than 30 days to prepare their case.

The Hoeppels contended the jury which tried and convicted them was

not impartial, asserting five jurors had indirect connections with the Government or the Army.

RETAIN NEW ATTORNEY.

Hoeppcls Remanded to Jail in Hen- rico County, Ya.

B» the Associated Press.

RICHMOND. November 11.—Repre- sented by new counsel after their attorney, Jesse C. Duke, was barred from practice in United States District Court yesterday. Representative John H. Hoeppel of California and his son

Charles were remanded to Henrico County jail last night on a continu- ance of their removal hearing until 10 a.m. Friday.

Federal Judge Robert N. Pollard granted the continuance to allow new

counsel, Jacob Morewitz of Newport News, Va., time in which to familiar- ize himself with the case. The Hoep- pels are fighting return to Washing- ton, where they are under sentences of four months to a year for con-

spiring to sell an appointment to the United States Military Academy.

The 56-year-old Congressman and his son, 24, were arrested in a tourist home on the outskirts of Richmond November 7 on warrants charging them with being fugitives from Washington.

As court convened today Judge Pol- lard denied Duke's eligibility to ap- pear before the bar.

Duke said defense counsel was con-

sidering taking the case before the United States Fourth Circuit Court of Appeals.

STEPS OF LEARNING Marble Trod by Ancient Philos-

ophers to Go to Bollins College. ATHENS, Greece. November 11 UP).

—Ancient marbles, supposed by archeologists to be from the ground trod by Pericles, Plato, Demosthenes and, some claim, St. Paul, will shortly leave Greece to joint other historic flagstones forming the path of fame at Rollins College, Florida. —

The stones were presented to the American Minister, Lincoln Mac- Veagh, and the Near East Foundation by Archeological Director Alexander Philadelpheus at ceremonies before the Temple of Zeus in Athens.

0

Night Final Delivered by Carrier

Anywhere in the City Full Sports

Race Results, Complete Market News of the Day, Latest News Flashes from Around the World. Whatever it is, you'll find

it in The Night Final Sports Edition, j

THE NIGHT FINAL SPORTS and SUNDAY 8TAR—delivered by carrier—70c a month. Call National 6000 and service

Will start at onoe.

1 I

4 SAVED AS FIRE DAMAGES HOME

Two Invalid Women Carried to Safety at Silver

Spring. bpeclai Dupatch to The Star.

SILVER SPRING, Md., November 11.—Four people, including two in- valid women, were saved from pos- sible death or serious Injury when a

member of the family returning from work discovered the home of Thomas A. Murtaugh, at 8710 Georgia avenue, on-fire early today.

The blaze had spread from the basement to the rear of the first and second floors of the structure and was eating its way toward the bed rooms of the sleeping persons when Joseph Murtaugh, a brother of the tenant, arrived shortly before 2 o’clock.

Joseph Murtaugh hastily aroused his brother and sister-in-law and his invalid mother and aunt, Mrs. Fran- cis Murtaugh and Miss Agnes Mur- taugh, and removed the latter two to the porch of the house with the assistance of his brother.

Silver Spring firemen, responding on the alarm, carried the two in- valids to a neighbor's home by means

of a wheel chair and stretcher. The fire, which was extinguished

Soon after the firemen, arrived, caused damage estimated at approximately $1,000. It is believed it started in a clothes hamper near a container in which hot ashes had been deposited before the Murtaughs retired. It spread upstairs through a clothes chute.

• Abattoir — ■ ■ ■ ■

(Continued From First Page.)

Planning Commlsalon. The latter also Is chairman of the American Planning and Civic Association, which, through its Committee of One Hundred on the Federal City, has taken a leading part in the fight to block issuance of the abattoir permit.

Developments’ Harm Feared. Their chief reasons for opposing

the projected slaughter house opera- tions are based on the grounds that such a “nuisance industry” would be harmful to the public parks in the vicinity and projected low-cost hous- ing developments. The site of the proposed meat rendering business is near Benning road and Kenilworth avenue, opposite the Benning viaduct.

Nolen's report gave it as his opinion:

“1. That the testimony presented to the committee Indicated that the design of the plant, the volume of business transacted, the varied activi- ties and the methods of operation

| inevitably necessary to the transpor- tation. holding, killing and disposal of 5,000 hogs, cattle and sheep per week would per se create a public nuisance from one or more sources.

“2. That the inspection of the plant in Baltimore indicated that the same

; activities on the scale proposed for ! the Gobel plant would probably create a public nuisance under the conditions of location and the psysical and at- mospheric environment obtaining at the site of the proposed Gobel plant in Washington.

“3. That the known experience of other cities leads to the further con- clusion that even though the existence of a nuisance in any particular in- stance may be mitigated by special conditions surrounding an existing abattoir, packing and rendering plant, the fact remains that these cities

I have either prohibited the enlarge- 1 ment or new construction of such plants entirely or have adopted the most rigid restrictions as to their lo- cation and the operations conducted. This very fact, based upon first-hand experience, proves that the character- istics of such an industry are in-

evitably objectionable and a nuisance. In fact, such industries have been rec- ognized legally as nuisances per se under certain conditions of environ- ment.”

Standards Here Higher. He recounted the various Federal

improvements and expenditures in the abbatolr area and then argued:

"The existence of nuisance may be relatively more obvious In certain cases. The District of Columbia was established for the sole purpose of providing a seat of government for the United States and as a result the standards established by law and reg- ulation are, on the whole, recognized as desirably higher than in most com- munities.

"With these public interests at stake, in addition to those of private property owner, it it difficult to conceive of an abattoir with its necessary stock pens, casing and rendering (blood and fer- tilizer) being conducted in such a

manner as not to lead inevitably to a

public nuisance. If that be the case, the granting of the permit for the abattoir would place the Commission- ers in the position of having tacitly allowed the Gobel Co. to make a sub- stantial investment in the face of a

very reasonable doubt that it could operate such a plant without nuisance.

“Is it not, therefore, a more proper and consistent policy in the public in- terest. for the Commissioners to refuse to grant this permit, and if the com-

pany then so desires, let the court decide whether, upon competent testl- many, ine acuon oi me wmmissioneio can be sustained.”

The committee of District officials, headed by Dr. Ruhland. urged In Its report that the District Zoning Com- mission give immediate consideration to an amendment to the coning regu- lations to prohibit establishment or

enlargement of abattoirs In the Dis- trict unless the approval of the Zoning Commission was given.

The commissioners yesterday con-

sidered, but did not act on the report of the Ruhland Committee. Members of that group told the commissioners they felt "there was no alternative,” but to issue permits for the erection of four three-story buildings and the remodeling of a sausage manufactur- ing plant, provided certain require- ments were met.

The committee would require that certain sewage features of the plant must meet the approval of the di- rector of sanitary engineering; that plumbing plans must be approved by the director of sanitary engineering and the Bureau of Animal Industry, Agriculture Department; that manure bins must be water and fly tight, and that grease tanks must pass certain requirements.

Two Phases to Inquiry. "The committee has concerned It-

self primarily with two qqestions,” the Commissioners were told. “First, whether the character and quantity of the water and waste matter will be In- troduced by this plant into the sani- tary sewer will create a nuisance either In the sewer Itself or at the aewags

*

A

Commands Liner Queen Mary

Capt. Robert Irving, recently appointed commander of the liner Queen Mary, shown with his wife at the doorway of Bon- shaw Tower, Ecclefechan, Scotland, home of the Irving family for hundreds of years. Capt. Irving, formerly in command of the Aquitania, succeeds the late Sir Edgar Britten.

Detectives Hold Sailor for Questioning in Moritz

Murder Case. BJ the Associated Press.

BALTIMORE. November 11.—A sailor wanted for questioning in the

; murder of William Moritz, retired New

j York merchant, and two other slay- ! ings, walked Into a police trap today j and was arrested by New York and i Baltimore detectives.

The fqur detectives took the sailor to police headquarters, where he was docketed as Gall Gilmore. He had the words "hard luck” tattooed across his knuckles.

Detectives James T. Smith and Gus- ta» Schley of the 120th squad, Staten Island police, came here with a de- j

j scription of Gilmore and trailed him ! down with Detective Lleuts. William

Feehley and George Klemmick of the ; Baltimore police.

They said they arrested him early today on the doorstep of a rooming

! house near the waterfront on charges | of murdering the wealthy Moritz three ! years ago.

] The New York detectives said Gil-1 ! more also will be questioned in 1

1 the disappearance of Carl Schmidt, 1 New York boat owner, and the un- solved death of Starr Faithful, whose body washed ashore on Long Island

1 in June. 1931.

Detectives reported they found blood- | stains in the cabin of Gilmore's sloop

vjv.1 ii (jinwa. iuviiiu* wv-'-u

three times and stabbed. Lieut. Freehley said Gilmore would

be questioned "on general principles" in cases similar to that of Moritz. He said the Starr Faithful case was in- cluded in this class, but that there was

nothing definite to link Gilmore with the crime.

Smith and Schley said that when Gilmore was arrested, he was carry- ing papers belonging to Schmidt, who

disappeared about the same time as

Moritz and who was believed to have; been killed.

SMOKE SCARE CALLS ENGINE TO CAPITOL

Guard Turns In Alarm, but Thor-

ough Search of Wing Fails

to Find Fire.

A "smoke scare” sent No. 3 Engine Company and No. 1 Truck Company rushing to the Capitol last night.

One of the Capitol guards had turned in a local alarm after he saw

smoke pouring from the south wing and settling around the dome.

Every room In the wing was searched and the roof was inspected, but no fire could be found. When the smoke dis- appeared the firemen left.

The theory advanced today was that some one in a committee room may have started a fire in one of the fire- places.

disposal plant; second, whether the plant, when constructed according to the plans, will create a nuisance to the neighborhood in which the pro- posed establishment is to be con- structed.

"On the first question, the commit- tee Is of the opinion, based entirely upon the report submitted by Harold A. Kemp, general superintendent of the design and construction of the District sewage disposal plant, that the water and waste matter Intro- duced into the sewerage system will not constitute a nuisance, provided that the changes In the plumbing plans hereinbefore suggested are made, and assuming that the plant will be operated In accordance with the as- surances given this committee In writing by the Gobel Co.”

Second Question Held Difficult.

Asserting that the answer to the second question was more difficult, the committee referred to the protests by the P. W. A. and certain property owners and an Indorsement from the Bennlng Citizens’ Association, and

concluded: ‘This building permit can- not be denied when the plans are

made to conform to present regula- tions unless the Commissioners are In a position to prove that this plant, when operated, will create a nuis- ance."

A

Pledge of Loyalty May Win Approval of Italy at

Conference. Bt the Associated Press.

VIENNA. November 11.—Restoration of Hungary's war-carved domain was

acknowledged today in informed quar- ters as one of the most important questions to come up in the tri-power conversations here.

Italian approval, observers said, may be forthcoming in return for a pledge of Hufigary's loyalty.

Simultaneously, as the foreign min- isters of the three nations—Italy. Aus- tria and Hungary—opened the first of a two-day series of conferences, a

chancellery spokesman said Austria and Hungary would recognize the Italian conquest of Ethiopia as a birth- day present to King Victor Emmanuel of Italy.

The formal recognition, the spokes- man said, would take place at the of- ficial dinner for the conference min- isters at the Schoenbrunn Palace to- night.

(So far. Germany alone of Europe's great powers has recognized Victor Emmanuel, who celebrates his 67th birthday today, as King-Emperor of the Italo—Ethiopian empire.)

With the opening of the far-reach- ing conversations, informed quarters said "independence and equality" had been adopted as the keynote of the talks.

This was Interpreted as meaning Hungary may demand permission to rearm herself on a large scale, thus joining Germany In casting off the shackles of the post-war treaty of Versailles.

The three foreign ministers—Kolo- man von Kanya of Hungary. Count Galeazzo Ciano of Italy and Dr. Guido Schmidt of Austria—opened the two- day ceremonies by attending a birth- day mass for Victor Emmanuel at the Minorities Church.

Heavy police concentrations cor- doned the church area to guard the diplomats.

WARMER WEATHER DUE HERE AFTER DROP TO 30

Minimum of 38 Predicted for To-

night, With Cloudy Day Tomorrow.

Warmer weather was in prospect to- day as the mercury started up after dropping below the freezing mark for the first time in two weeks.

The low temperature—30 degrees— was recorded at 7 am. today. At 9:30 the temperature had climbed to 43.

The forecast is for fair and warmer this afternoon and tonight, with a minimum of 38 expected overnight. Tomorrow, the Weather Bureau says, will be mostly cloudy and warmer.

Yesterday’s maximum was 52 at 1:15 p.m. The last freezing weather here was on October 28, when there was a killing frost.

Frost was evident in the suburbs again today.

INDICTED ON CHARGE OF POISONING BROTHER

Indiana Painter Reported to Have

Planned to Uee Life Insurance

for Honeymoon. Ft the Associated Frets.

ELKHART, Ind., November 11.—A grand jury indicted Lester B. Slack, 34-year-old house painter and in- terior decorator, yesterday as a mod- em “Cain,’* charging him with the first degree murder of his brother, Elgy Slack, 38.

‘The Indictment was returned after two days of Investigation, during which the grand Jurors heard police officers say Slack confessed having placed poison crystals in a bottle of wine he had given his brother. Offi- cers said Slack told them he planned to collect 81,000 life insurance carried by his brother, wed Mrs. Helen Ker- ebevaL Mishawaka, Ind., divorcee, and honeymoon with her in Florida Ibis Winter.

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Letter to Frederic A. Delano Gives Gobel Company’s

Side of Controversy. W. Owynn Gardiner, counsel for

Adolf Gobel, Inc., In their efforts to obtain a permit to construct an abat- toir in Northeast Washington, has written a letter to Frederic A. Delano, chairman of the National Capital Park and Planning Commission and the Committee of One Hundred on the Federal City of the American Planning and Civic Association, giving addi- tional data on the company's side of the controversy.

Old LofBer Plant. "This plant is the old LofBer plant

that has been in operation since 1887,” the letter said.

“In 1934 there was a very bad fire which damaged the machinery and destroyed a part of the building. It necessarily required some time to ad- just insurance and to prepare lor the repairing of the building and the re-

placement of the machinery de- stroyed. The Gobel plant, which is the old Loffler plant (the corporation name having been changed! desired to rebuild the plant in the most ipod- ern way and to equip it with the most modem machinery, having in mind three things: (1) Economy, (2! com- petition, (3> improvement of work- ing conditions for those employed by it and the destruction of any possible offensiveness to individ- uals or the community. The plant is being constructed on the same

os wjc uiigmai piani. is of the same size as the original plant, no smaller and no larger. Its operations are to be of the same char- acter, no larger, no smaller, no dif- ferent. Its construction Is under plans prepared by the leading architects in the construction of this character of building in this country. Its machin- ery is of the latest and most compe- tent kind. It has been selected after more than six months of hard work with engineers studying various ma- chines and equipment in order that we may have the best that money can buy. It has for its purpose the bring- ing of considerable money to Wash- ington in bank deposits, in the employ- ment of 400 persons, whose money will be disbursed among the merchants in Washington and deposited in the banks in Washington. Furthermore, for six months these plans have been before the Bureau of Animal Industry of the Agriculture Department and Dr. Moh- ler, the chief of that bureau,, and his assistants have approved these plans as meeting all requirements and in every particular the most modern plant.

"We are not establishing an abattoir in the District of Columbia. We are

simply carrying on a business which has been carried on uninterruptedly since 1887. (I say ‘uninterruptedly' because, while we have not killed cattle since the fire, live stock of all kind have come into the yard and been transferred to other plants for slaugh- ter during the period of our prepara- tion for rebuilding.) Why should a man’s business be taken away from him because some one who feels un- kindly toward such a business thinks that at some future day something is going to be done in that community and that the business established since 1887 might be offensive to something that might be done at some future day?

Partly Destroyed by Fire.

“Now, you know very’ well that a

plant that has been operating since 1887, which was partly destroyed by fire and which, as a result of being partly destroyed, is being rebuilt in the most modern manner, with Ut- most modem machinery, cannot add to what now exists. Furthermore, do you know that there are eight slaugh- ter houses In the District of Columbia now operating? Do you know that those eight slaughter houses are kill- ing live stock for human consumption and that some of them at least have no Government supervision or inspec- tion over the meat killed and sold for human consumption? Do you know that some of these places are right In the most thickly populated part of Washington, whereas, may I tell you that this plant is being operated under the most stringent rules of the Fed- eral Government; that a Federal in- spector stands by and examines every cow and hog and sheep that is killed and that several inspectors stand by and examine the carcass of every one after death before it leaves the slaughter room to be put in refrigera- tion? And do you know that an In- spector puts the Federal stamp of ap- proval upon every piece of meat before it goes into the chilling room? These are facts that are worthy of considera- tion and facts that business men with common sense and good Judgment cannot turn their backs on.

“l*t me go further. The Com- missioners of the District of Colum- bia realize that they have no right to decline a permit to this man and withhold the final permit for the com- pletion of the building (they have granted the permits for the founda- tions and the foundations have all been laid) at a very considerable cost to my client, until a committee ap- pointed by the Commissioners could determine whether or not there was

any nuisance connected with the op- eration of this nlant.

Approved by Association. “The citizens' association of that

community has by a resolution passed by it approved this project, and 150 of the citizens in the community and surrounding neighborhood, including all of those in close proximity to the plant, have signed a petition urging the rebuilding of this plant and the re-

sumption of Its operations. That reso- lution and that petition signed by our citizens has been placed with and is now before the Commissioners of the District of Columbia for their infor- mation and guidance In the matter.

"The distance of this plant from the Federal project now being opened up and developed is exactly one mile.”

Iowans to Honor Chemist. The State University of Iowa Club

of Washington will welcome Dr. Ed- ward Bartow, president of the Ameri- can Chemical Society and head of chemistry and chemical engineering at Iowa University, at luncheon at the Harrington Hotel at 12:15 p.m. Friday. The meeting will take the place of the regular November luncheon. ;

Gridster Gets 5 Yean. For attacking and seriously Injuring

a referee after a game, a member of a foot ball team at Sosnowlec, Poland, has been sentenced to five years in prison.

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