davidaulloa/AmericanStories huggingface dataset:
Evening star., 1923-02-11
.QUEST|0NSVAL|D|TY
OF L.C.C.COAL POWER
Cincinnati Judge Doubts
Right to Issue Priority Or
ders in Emergencies.
VIOLAFOR PLEADS GUILTY
Case, However, Taken Under Ad-
visement Pending Further
Investigation.
VIOLATOR PLEADS GUILTY
BY the Associated Press.

BY the Associated Press.
CINCINNATI. February 10.-The
constitutionality of the law from
which the Interstate Commerce Com
mission derives its power to issue pri-
ority orders during an emergency was
questioned today by Federal Judge
John Weld Peck of the United States
district court here.
Judge Peck said that inasmuch az
no decision had ever been rendered
as to the constitutionality OF the law
he entertained doubts whether the
Interstate Commerce Commission
could say who may and who may not
have coal or what sections Of the
country may or may not have coal
during a coal strike.
Defers Violators Sentence.
The questioning of its constitu-
tionality came as the Judge was
about TO sentence Edward p. Avent, jr..
partner In the Bewley-Darst Coal
Company of Cincinnati. who had
pleaded guilty to five counts Of an
indictment charging him with vio-
lating priority orders in shopping
ing the GOAL strike last summer.
Judge Peck inquired of Frank E
Wood, counsel for Avent whether any
decisions on the constitutionality OF
the law had been handed down. and
when he answered in the negative
the Judge said he would take the
case under advisement for several
days until he had investigated the
matter.
Not Guilty Plea Changed.
Avent. who was originally charged
with conspiracy to defeat the prior
ity order of the Interstate Commerce
Commission and with violating pri-
ority orders, had pleaded not guilty
to the two indictments recently, but
changed his plea to guilty today
when the FIVE counts in the first In
dictment were nolled on motion by
Thomas Morrow. United States dis
trict attorney.
The specific instances named in the
Indictments were that Avent had
sought to ship coal to the Union City
Gas Company of Union City, Mich,
and the Municipal Light and Power
Company OF Chelsea, Mich, but in
stead had diverted the coal to cement
factories, which were on the nom
essential industry list. during the coal
strike last summer. The government
contended that the Union City Gas
Company and the Municipal Light and
Power Company were mythical con-
Germs.
Evening star., 1923-02-11
0BREG0N SAYS HE WILL
DEPORT CLARA PHILLIPS
Declares Mexico Will Offer Muir
deress No Asylum II She
Is Found There.

LOS ANGELES. February 10.-If
Clara Phillips. escaped Los Angeles
murderess. Is found in Mexico she
will be deported, President Obregon
declared in q cablegram to the Los
Angeles Examiner which that news
paper will print tomorrow. The mes
sage was sent In reply to one from
the Examiner asking the president
whether Mrs. Phillips would be turned
over to American authorities II locat-
ed In the southern republic. It said:
Il do not consider 1t justinable to
arrest and deliver at tho northern
frontier Of this nation criminals who
have crossed tho line to evade Justice
while reciprocity has not been es-
tablished.
'The government IL firmly resolved
not to be converted into an asylum
for delinquents and In cases like that
to which you refer you may con-
slider II a settled case that they must
leave the territory"
Evening star., 1923-02-11

CONTINUED from First Page.)
II was suggested. The question would
then arise whether the right to sue
has not been lost By the passage OF
the time limit for those who were killed
on the night Of the tragedy.
Same Question May He Raised.
Attorney Lambert stated last night
that the same suggestion as to the
dissolution or death of the CORPORA
tion will be filed when the time comes
to answer the fifty or more suits
brought late in January by legal rep
resentatives claiming a total of
100000 damages from the company,
Mr.. Lambert speaking OF the dis
solution proceedings, said the applica-
tion was fled July last, and one
week later the receivers were ap-
pointed. The Delaware court ordered
notice of the proposed dissolution
filed Ill a newspaper in Wilmington.
and one in Washington for four weeks.
The publication was made and the
Anal order OF dissolution signed by
Judge J. o. Wolcott at Wilmington,
October IL. The company had ceased
business and its property had been
sold at auction prior to the applica-
ton for dissolution, the lawyer stated.
Evening star., 1923-02-11


after discharge, they will have at
tanned the status (having acquired
dependents, engaged in essential
occupations, incurred disabilities.
etc.) Of average citizens and would
be available ('held for serviceD in
the same proportions as obtained
with those registered under the
last draft"
New Blood Sought.
Application Of the census bureau
death rate. coupled with the
knowledge gained of average con-
ditions surrounding its age groups
involved by the calling up for ex-
animation under the draft act of
millions Of citizens, gives a clear
vision Of what time is doing to the
great body of trained soldiers
poured back into the country after
the armistice. That Is the basis
OF the War Department calcula-
tions as to probable exemptions.
and the basis, too, to the pressure
for filling up the organized re-
serves with new blood each year
into an unfailing reservoir of
fighting strength, at least par
TALLY ready to answer the call to
arms.
BY age groups the veterans
above thirty-stx years in 1918 will
have ceased to exist from & mill
tary viewpoint in 1925 and Of more
than $4,000 in the thirty-six-year
class, some 10000 might still be
ready for a call. BY 1880 all OF
those above thirty-three years in
1918 will be gone and by 1895 all
who were above twenty-eight In
1913 have vanished from the charts.
BY 1910, the youngsters who were
twenty-three years old when 1918
brought them to the colors will
show a bare $4,000 still ready for
active service and by 1945, the
eighteen-year-o youths OF those
hectic days of war could muster
probably only 5,310 veterans OF st.
Mihiel and the Argonne to follow
the flag again.
Evening star., 1923-02-11
BU|LD|NGLAWM MAY
SOLVE D, C.PARK|NG
Garages Under Structures
Provided in Proposed
Amendment to Code.
PLAN PUBLIC HEARING
Commissioners First to Receive and
Look Into Suggestions
and Criticisms.
PLAN PUBLIC HEARING

Washington's automobile parking
problem may be partially solved IL a
proposed amendment to the building
regulations is adopted. providing for
basement garages under buildings.
Officials of the engineer depart
ment have been planning a careful
revision of the entire building code
since Col. Charles Keller took office
as Commissioner, and, it was learned
last night, a tentative revised draft
Is now complete.
1t is understood that the proposal
for basement garages Is one of the
innovations recommended in this
tentative draft, which will be dis
tributed within a week or two among
the builders and architects for study.
The thought of the Commissioners
III submitting the tentative draft to
every local agency connected with
.he building business is to obtain
constructive criticism and sugges-
tions.
All to BE Investigated.
When these suggestions have been
received the building experts of the
and ali that seem desirable will be
woven into the tentative draft. But
even then the Commissioners will
have only a semi-final code.
Aiming to get the fullest possible
degree Of cooperation and advice in
framing a new code. the Commission
ers will submit the semi final copy
TO public hearing.
The code then will be dressed in its
final terms and adopted. The system
which the engineer department plans
to follow should make the new regu-
lations as modern and complete as 1t
is possible to get them.
The present building regulations do
not specifically prohibit basement
garages, but no special provision has
been made for them.
City officials have learned within
the past few days that a company
planning new office building in the
center Of the city has made Inquiries
at the District building as to the
possibility of providing for a storage
place for automobiles in the base
ment.
Fireproofng Necessary.
Under the tentative revised building
code such garages would be permit
ted only in strictly freproof build
ings. And even in such buildings the
garage room would have to be espe-
ctally freproofed with automatically
closing doors.
Machines would enter and leave
these subsurface garages by way OF
inclined runways from the street.
Subway garages have been advocated
from time to time as an effective means
Of reducing parking congestion in the
heart OF the city, but the present sug-
gestion to provide for them in the new
building code Is the first step toward
their Introduction in Washington.
It Is probable that in rewriting the
code all sections dealing with the
height of buildings will be eliminated
since this feature of construction work
IA now Ontr0I1ed nv tho 2opipp ,au
When the tentative draft Of the code
goes out the builders and architects
VIII be given until March 15 to submit
their views on 1t.
Evening star., 1923-02-11
Volcano Breaks
Into Big Eruption
After Long Quiet
By the Associated Press.

By the Associated Press.
HII1O, Island of Hawaii. T. H., Feb
ruary 10.-Mauna Loa, Hawaii's In
termittently active volcano. which
looks down from its 13.o00-foot 'ele-
walton on the perpetually active vol
cano of Kilauea, has broken out in
an eruption of large proportions. ac-
cording to reports received from the
Kinds ranch, which has q clear view
of Mauna Loa's dome.
Rising from the summit are great
clouds of smoke, through which the
sun is seen shining like a bronze ball.
Last night a slight earth tremor shook
the island. The seismosraph At the
Kilauea observatory timed the tremor
at $3.50 pm.
The last great eruption from Mauna
Loa occurred in September, 1919. The
lava poured down the mountain
slopes to the sea, thirty miles dis
tant. The lava geyser at the source
of the flow was estimated by OBJ.
servers to be 800 feet high and 800
feet in diameter.
Evening star., 1923-02-11
BODIES OF MARINES
FOUND IN POTOMAC
Believed to Be Two Who
Have Been Missing From
QuantiC0.
sneciaI nisnatch to The Star.


FREDERICKSBURG, Va, February
10-Decomposed bodies Of two uni
Identified enlisted men Of the United
States Marine Corps were found on
the Virginia side of the Potomas river
yesterday by fishermen, one being
along Stafford shore near whitewater
and the other near the Chatterton
wharf. Both had apparently been In
the water several weeks.
The bodies are believed to be two
men Of the 10th Regiment. who dis
appeared from Quantico early in De-
Cember. Two marines were reported
absent without leave and were
thought to have deserted. The re-
mains are being kept and measures
taken for Identification. 1t is not
positively known If they are the two
missing men. Finger prints will be
compared with Bertillon classification
on records of Marine Corps.
Evening star., 1923-02-11
GET 81 BODIES
IN DAWSON MINE
Rescue Work, Hampered by
Blizzard, Again Moves
Forward Rapidly.
81 CHILDREN ORPHANED
Fifty Women Widowed by Explo-
sion-Cause Of Blast Still
Is Undetermined.
By the Associated Press.

BY the Associated Press.
DAWSON, ". NJ. February TO-
Dawson's death list In the disastrou,
blast which wrecked Mine No. 1 OF
the Phelps-Dodge Corporation Thurs.
day. probably will be 120. Officials
have abandoned hope OF finding any
OF the missing men alive. II was an.
nounced late today.
The total number Of bodies recov.
cred from the mine passages reached
hfty-four early tonight. The body
OF Albert E. English, jr.. foreman
was removed shortly after 4 o'clock
this afternoon.
w. d. Brennan. manager Of the To-
trip through the mine. declared en-
phatically there Is little doubt that all
have perished.
Cause Still Mystery.
This afternoon-forty-e eight hours
after the blast-the cause Of the ex-
plosion was as much a mystery as II
has ever been.
Rescue crews were hampered early
in the day by a blizzard. but the
storm subsided at noon and by to-
night the crews had taken the bodies
OF flfty-four men from the mine.
Omcfals OF the company tonight
We're wrestling with the mass of ad-
the deaths of Thursdays day shift
Organization Of a welfare department
to care for dependents, burial Of the
victims and reconstruction of the
mine were some of the activities of
the large corps of company officers
and employees stationed here.
II none of the miners still unac-
counted for Is found alive the disas-
ter will have made widows Of fifty
Ave women and orphans Of ninety
two children, according to figures
compiled late today.
Three Explanations.
Three probable explanations for the
blast were given by Manager Bren-
nan. A miner may have carried a
match into the workings, although all
workmen are searched for inflam-
mables. An electric wire may have
caused a spark which ignited dust
In the mine, or q spark from a mine
car may have set fire to dust or
gases.
The first bodies Of mine victims are
to be inferred in tho Dawson cemetery
tomorrow.
The heroic work in Dawson's under
ground tomb Of scores OF volunteer
counterpart In the more prosaic but
none the less heroic work Of the women
In Dawson. AS fast as news OF the ex-
plosion flashed throughout the town the
women began mobilixing for relief work.
When the first rescue crew emerged
from the mine late Thursday night hot
coffee. sandwiches. fruit and warm
clothes were on hand to bolster them
up and alleviate their weariness.
Phone Girls HeroineA
Hour by hour since then. as shifts
changed and exhausted workers drag
Hed themselves from the mine, the
woman relief workers have remained
on the Job.
Scarcely less heroic has been the
work OF the two telephone operators
employed in the Dawson exchange. For
shifts ranging from twelve to sixteen
hours Jessie Sneddon and Goldie White
ley have been at their desks in the
once.
PLAN PUBLIC FUNERAL.
Evening star., 1923-02-11

record Of the negotiations brought
before the committee, while Senator
La Toilette sought to summon Elliot
Wadsworth, assistant secretary of the
Treasury. and secretary Of the COM
mission.
Senator Smoot was reported to have
told the committee that the agree
ment entered into was q modiflca-
tion of the original American pro-
posal. which contemplated a nat in
terest rate Of 81 per cent over tho
entire period the loan was to run.
This was unacceptable to the British
agreed upon--3 per cent for tho first
ten years and sh per cent thereafter
then were proposed.
At the request OF Senator Reed,
democrat, Missouri, Senator Walsh
requested that the committee vote be
deferred until Tuesday. when Son.
ator Reed expects to return to Wash.
ington. but republican leaders want
cd to get the measure on the Senate
calendar Immediately. They did
agree, however, not to call 1t up in
the Senate until Senator Reed 70.
turned.
Early Vote Expected.
Committee democrats opposing the
legislation agreed not to resort to
obstructive tactics during Senate con-
sideration of the bill and republican
leaders were hopeful Of getting vote
after debate Of one or two days. There
were some Indications. however. that
the discussion would be rather gen
eral ana that several senator's would
insist upon more Information regard.
inr tho debt negotiations than has
been made public.
Only ono minor change was made in
tho House bill. This 10 an alteration
Of the text. and the expectation was
that II It should be approved ~ the
Senate the House would accept 1t
without sending the measure to con.
ference ana thus delaying dnal con-
gressional action.
Senator Harris. democrat Georgia,
yesterday introduced an amendment
to the funding bill. his pending bill
to add three democrats to the Amert-
can debt commission. which now con-
sists entirely Of republicans. The Har-
ris bill has been before the finance
committee for several months with
out action but with republican lead
srs recsntly disposed to give Il their
support
Evening star., 1923-02-11

that tho nationality Of the land of
birth IL established for the son OF q
foreigner born in any American country.
Obligations of Members.
The members OF the association
would have the following obliga-
tions:
First. to fulfll the resolutions of
the council and assembly.
Second, to respect the territorial
and political integrity OF the other
associated nations, obligating them
selves not to go to war until three
months after the pronouncement OF
an arbitration award.
Third. to prohibit the sale or ex-
port of arms or munitions OF war to a
private person.
Fourth, to prevent the transit OF
arms and munitions which are not
destined for governments.
Fifth. to assure liberty OF traffic and
transit
The project establishes that IL an
associated or non-associated country
should refuse in case OF conflict to
obey decisions adverse to 1t. or should
refuse pacific solutions. preferring to
impose its will by force, the associa-
tion would break diplomatic, COM
mercial and financial relations with
that country, and also prevent its
holding relations with tho associated
nations.
Council and Assembly.
The authorities OF the association
would be a council, assembly and
secretariat. The council would be
formed Of tho representatives Of nine
nations The term OF once OF the
members Of tho council would be six
years, and two-thirds OF tho msm-
years. tho representatives to be
chosen by majority vote OF tho as
sembly. The presidency would be
renewed annually.
The representation Of q nation on
the council would be suspended II
1t were governed by q de facto gov
ernment until such government was
recognised a. do jure The duty OF
the council So:inn, weSd of ,bs be to Sny sTs Su
see to tho fulnlLment Of tho prin.
ciples and objects Of tho association,
for which purpose II would enforce
such measures as It deemed con-
venient.
Ons Vote to Each Member.
The assembly would be formed Of
representatives Of all the members,
each holding ono vote. Ordinary ses-
sions Of this body would be held at
least once yearly. while extraordi-
nary sessions could be called by the
council or at the request Of five
countries having q total population
equalling 1T least half that OF the
continent
The secretariat would be organised
on the basis OF the pan-American
union, with headquarters In Washing
ton during the formation OF the as
ISOLATION, after which it would be
removed to some other country. DR..
Brum suggests Panama ~ . favora-
Bile site.
A statement was issued today by
the secretary OF President Brum Civ
ing denial to the declaration attribut-
ed to the president that Uruguay
would be pleased to see nations out
side Of those Of tho American con-
tinent At the pan-American congress
in Santiago.
The statement declared that Pres
ident Brum had said only that Uru-
quay would be pleased to see all
American nations represented.
Evening star., 1923-02-11
Army Flyers to Make Trip
to Porto Rico Via Cuba

Six De Haviland Abb type planes
are being equipped at Kelly Field,
each plane with gas capacity Of 1sS
gallons, and other devices, including
speed propellers and extra sturdy
landing gears.
The itinerary calls for the Hrst stop
at Lake Charles, La, then to San
Juan, via Montgomery, Ala: Arcadia,
Fla; Havana, Cuba; Camaguey. Cuba;
the United States naval base at
Guantanamo, Cuba; Port-au-Prince.
Haiti, and Santo Domingo City.
The cruise will be made In. easy
stages, and 1t is expected the air
planes will arrive at San Juan IN
about three weeks from the time thsy
leave Kelly Field.
Evening star., 1923-02-11

Arrangements have been completed
by tho Army air service for an ex-
perimental airplane hight from the
United States to Porto Rico by way
Of Cuba, 1t was announced yesterday
by Secretary. Weeks.
In making the announcement. the
War Secretary said the Porto Rican
trip had been decided upon after 1t
had been found Impractical to make
the flight to Panama, plans for which
were originally contemplated by the
air service.
The flight will start from Kelly
Field. near San Antonio. Tex. late
Cart. Thomas LAnthier, now COM
manding the air service troops at
Fort Sill, Oklahoma
Evening star., 1923-02-11
Coal Control Posts and Train
Movements Watched.

By the Associated Press.
DUESSELDORF, February 1o.-Air
patrols began flying over the Ruhr
today, watching the various coke and
coal control posts and the movement
of trains in the direction of the from
tiers. The French have completed the
installation of an airdrome near Dues
seldorf. and airmen will inspect the
entire occupation frontiers daily.
The French are slowly improving
the railroad service; the movement Of
cars entering the Ruhr yesterday in
creased to $500 and 1900 departed.
This is about one-twentieth of the
normal service.
The municipal authorities have for
bidden the population to accept soup
from the French free kitchens; the
burgomaster Of Bochum informed the
French that these kitchenr were not
necessary. that the Germans were we'll
able to take care of themselves, and
that, in any event, should famine
come to the Ruhr, owing to French
occupation, the Americans had prom
ised to organise q relief commission" !"
7oO- -131 ACRES OCCUPIED
Evening star., 1923-02-11
PLAN PUBLIC FUNERAL.
Victims Of Canadian Mine Blast to
Be Honored Today.

BY the ASSOCIATED fre9S.
CUMBERLAND, B. c., February 10.
Plans were being made tonight for
q public funeral for the white men
who lost their lives by an explosion
Of fire damp in Nine No. 4 Of the
Canadian Galleries tDunsmuir) Inc,
near here Thursday night.
The death list from the disaster
has been fixed officially at SO, includ-
ing 10 orientals. Mayor Charles p.
Parnham ana the mine officials have
Joined efforts to give relief to the
destitute. The company is giving
temporary relief.
No. was the only mine Of the
Canadian collieries group In this vi
cinity in operation. It had been re-
opened recently, having been closed
following an explosion last August
when Ii men were killed, and now is
to be. closed again. throwing many
out Of work.
Evening star., 1923-02-11
GRANTED RIGHT TO SUE.

Tho right OF New York city to
prove a claim for $1,07s,I7S against
the bankrupt estate of Daley 4
WINS, who for years held contracts
for the collection Of that city's ashe 3
and garbage. was sustained by the
peals here today. The claim was for
Reimbursement OF moneys spent by
New York city in collecting ashes
and garbage after the contractors
went into bankruptcy and their re-
ceiver and trustees refused - carry
out the contracts.
Evening star., 1923-02-11
72o,131 ACRES OCCUPIED.
Population Of S,177,6S7 Under
French Control in Germany.

ESSEN, February 1o.-Ths area
now occupied by the French and Bel
gians in the Ruhr aggregate approxi-
mately 72o.131 acres. or nearly the
size Of Rhode Island. according to
frures announced in German quar-
ters. Tho population OF this area il
8.177,6s7, which compares with the
population Of Massachusetts and
Michigan.
The military forces hold fourteen
total railway mileage in the Ruhr ID
l,242 kilometers. OF which two lines
are militarixed.
Evening star., 1923-02-11
BRITISH SHIP RAIDED.

NEW YORK, February 1o.-Cus-
toms officers raided the British
steamer Parma. lying at her pier
IN Brooklyn early today and confis-
Gated 500 bottles Of Scotch whisky
concealed In coal bunkers. A further
search was ordered in the belief that
$50 cases would be found in obscure
parts OF the ship. The PARMA ar
rived Thursday from the West Indies.
Evening star., 1923-02-11
GEN. TRAVIS rs I'LL.

SAVANNAH, Ca. February To-
Brig. Gen. Robert J. Travis, COM
manding national guard artillery in
Tennessee, South Carolina and Geor-
gia, is critically Ill here. He re-
Gently returned from = trip to WASH
case Of pneumonia. phystciana saad.
Evening star., 1923-02-11
DANUBE FLOODS BUDAPEST.

BUDAPEST, February 1o.-Thou-
sands OF families in the suburbs of
Budapest were forced to fee their
homes this morning by the over
dowing Of the Danube river. The
RAterS tonight were recedin&
Evening star., 1923-02-11
BANKS OPEN TOMORROW.
District Fs!ls to Observe Ldncoln's
Birthday as Legal Holiday.

Birthday as Legal Holiday.
Contrary to an announcement made
in the financial column Of The Star
Of yesterday. the banks and financial
institutions OF the District will be
open for business tomorrow, Linooln's
birthday.
The New York Stock Exchange and
banks in many OF the other states
where the day il observed as q legal
holiday will be closed,
Evening star., 1923-02-11
BRITISH DEBT BILL
is NOW IN SENATE

Continued from First Paxe.)
Evening star., 1923-02-11
LEAGUE WOULD BAN
WARS IN AMERICAS

CONTINUED from First Page.)