davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1934-07-10
Limitations of Treaty

The object Of the treaties be-
tween the United States and the
Republics abroad was to provide
for the appointment of consuls
as administrators of the estates
of deceased aliens in cases where
such aliens died leaving surviving
them no persons competent un-
der the law to act as administra-
tors, and it was not the purpose
of the treaty with Greece and
Sweden to permit the appoint
ment of a consul as administra-
tor in a case where the deceased
alien left a will or competent
heirs. The treaty with Greece,
33 Stat, 2122, quoted by the
Court of Appeals in Diamanto-
poulos v. Glekas, ante, contains
a condition precedent to the ap-
pointment of a representative of
the Republic of Greece as admin.
istrator that the alien subject of
Greece must have died without
having any known heirs or testa-
mentary executors by him ap-
pointed"
Notwithstanding this condition
precedent, and Notwithstanding
that the decedent left a brother
whose qualifications to act as
administrator are not questioned,
the respondent, without showing
any imperative necessity therefor,
sought and obtained letters of
administration upon the deced-
ent's estate.
In the absence of an allegation
in respondents petition to the
effect that the decedent left no
known heirs, or that he had
made no reasonable effort to as
certain that fact from people who
knew the decedent, and especially
his surviving partner, the court
was without power or jurisdic-
tion to appoint the respondent
administrator of the estate.
After hearing, Mr.. Justice Dan
iel w. O'Donoghue sustained the
petition for revocation, revoked
the letters issued to the First Sec
retary of the Legation of Greece,
and appointed the brother. Abra-
ham Kalinoglou, as administra-
tor of the estate of George Kali
noglou.
The petitioner for revocation Of
the appointment of Nicholas G.
Lely as administrator was rep
resented by George C.. Gertman,
while the respondent was repre-
sented by Reid and Vaurnas.
The Washington times., 1934-07-10

bApp. D. G. 81, the same court
held:
"That where q person Is en-
titled by law to act as admin.
istrator Of an estate, and is q
fit and qualified person, such
person is entitled to the sole
administration of the estate. ="
In his answer to the rule issued
against him in this cause, the re-
Spondent, Nichols G. -Lely, as ad-
ministrator, sets up two claims:
First, that under the treaty with
Greece and the provisions Of the
most favored nation" namely,
Sweden (Which are quoted by the
Court of Appeals in Diamanto-
poulos v. Glekas, 1925 Wash. Law
Rep. 1889, he is entitled to the ex-
elusive right to administer the es-
tate; and, second, that inasmuch
as petitioner Abraham Kalinog-
lou is not beneficially interested
in the estate, he has no right to
be appointed administrator not
withstanding Sec. 279 of the Code.
These questions will be discussed
in inverse order.
The first question, therefore, is
whether under Sec. 279, read i'll
connection with Sec. 287 of the
Code, decede t's naturalized
brother, petitioner Abraham
Kalinoglou, has the right of ad-
miniStration inaSmuch as he does
not take any part of the estate
(Which goes under Secs. 374 and
$50 of the Code to decedent S
widow and father who are sub
jects of Greece. This question
was answered in the affirmative
by the Court of Appeals Of New
York in 1914 in the Matter Of
D'Adamo, 212 N. Y. 214. At page
PIT of the opinion, Mr.. Justice
Cardozo said:
'It is urged in support of the
surrOgate's decree that because
the decedent's brother was not
entitled to share in the estate,
he was not entitled to admin
lister upon it. The decedent
left a wife and infant child in
Italy. His entire estate belongs
to them. They are not quail
fled to act as his administra-
tors.
"The brother, under the law
as it stood when letters were
refused to him, and as it
stands today, is qualified to act
unless his lack of interest in
the estate disqualifies him. We
think that it does not"
The Washington times., 1934-07-10
Effect Of Treaty

The second question is whether
the treaty with Greece and OF the
most favored nation" namely
Sweden, confers upon the repre-
sentative of the Greek govern,
ment the exclusive right asserted
by him to administration. This
question was answered in the
negative by the Court of Appeals
of New York in the matter OF
D'Adamo, ante. The court in
that case had before it for con-
Sideration and construction the
treaty with Sweden, 81 Stat, 1479
reading as follows:
I'm the event of any citizen
of either of the two contract
ing parties dying without will
or testament, in the territory
of the other contracting party,
the consul general, consul, vice
consul general, or vice consul
of the nation to which the de-
ceased may belong, or, in his
absence, the representative of
such consul general, consul,
vice consul general, or vice con-
sui, shall, so far as the laws
of each country will permit
and pending the appointment
of an administrator and until
letters of administration have
been granted, take charge of
the property left by the de-
ceased for the benefit of his
lawful heirs and creditors, and,
moreover, have the right to
be appointed as administrator
of such estate.
"It is understood that when
under the provisions of this
article any consul general, con-
sui, vice consul general, or vice
consul, or the representative of
each or either, is acting as ex-
= ecutOr or administrator of the
estate of one of his deceased
nationals, said officer, or his
representative, shall in all mat
tiers connected with, relating to,
or growing out of the settle
ment of such estate, be in such
capacities as fully subject to
the jurisdiction of the courts
of the country wherein the es-
tate is situated as if said Of
ficer or representative were a
citizen of that country and pos
Sessed of no representative ca.
pacity whatsoever"
And commenting upon it, thu
court, at p. 219, said:
"The extent to which our To-
cal law Of administration has
been displaced by foreign treat.
les, has been, for some years,
an unsettled question in this
State"
The Washington times., 1934-07-10
Local Law Controls

And at p. 222:
considering, first Of all, the
mere words Of the treaty, aside
from extrinsic tokens of the
purpose Of the contracting
parties, we find no expression
of an intent that the cOnsul's
right to be adminiStr tor shall
be exclusive, or that it shall
super EIDE prior rights con.
ferred by local law"
The court was expressly dis.
cussing the treaty .th Sweden
(See p. 22D.
And at p. 225, the Court fur.
ther said:
"The convention with Swe-
den was intended to confirm
the powers thus established by
international comfy, and to
facilitate their exercise. Con.
sulS to have the right, where
The Washington times., 1934-07-10

lestate. That case involved solely
the disposition Of the decedent's
estate by the public administra-
tor. 1t was alleged that the de-
cedent died without any known
heirs or next Of kin and the ques-
ton was whether the estate be-
longed to the Republic of Greece
or to the United States. The
question Of the appointment of
an administrator was in nowise
involved.
The Washington times., 1934-07-10
Court Fixed Rules

Being a naturalized citizen Of
the United States, petitioner had
the exclusive right to apply for
administration upon his deceased
brothers estate inasmuch as those
beneficially interest in the estate
are aliens. (See Secs. 287 and
279 of D. C. Code Of 1929
Our Court of Appeals in Will
liams v. Williams, "a App. D. C.
214, held:
"The right Of administration
is a valuable right, and those
upon whom the right has been
conferred by statute should
not be deprived of it, except
as the statute has provided"
And in Williams v. Williams, Is
The Washington times., 1934-07-10
BEAUTY CURSE
REFUTED

Continued from Local PGee)
but then, I can't see that it
did me any good. And it was
sort Of foolish, don't you think?
One Of those foolish things one
is kidded into doing when one
Is very young"
Mrs. Freer has a daughter, 6.
Asked If she would permit the
youngster to enter such a con-
test, she said:
81 hope when she is the age
/ was at the time she will have
judgment enough for me to
trust her to make her own de-
visions. I hope, naturally, they
will all be wise ones"
All of the six claim they have
practically forgotten" the whole
thing. But each half laugh.
ingly admits that she has "kept
her clippings"
Mrs. Bradley, Miss Washing
ton" of 1925, says:
eyes, / have the clippings and
every once in q while / take
them out and look at them.
When ] am feeling blue, or
times like that. Not often, but
just every SO often"
The blaze of publicity that
surrounded the girls during their
brief reign as Washington'S
Queen of Beauty seems to have
given each of them a distaste
for things of that Sort"
Begged Mrs. Freer:
leave me out of it as much
as you can. You can't imagine
how fed up on it / became"
Mrs. Cahill's husband, a we'll
known Washington real estate
man, said he'd rather his wife
didn't "have any more inter-
views"
Mrs. Homer, married less
than a year ago, is the bride of
the group. She, too, feels the
episode did her neither harm
nor good, but if she ever has a
daughter she most emphatically
will not permit her to enter such
O contest.
"Why, I can't really put it in
words. But the longer the time
eIapses since 1 was Miss Wash
ingtOn the more / am sure I
wouldn't do it again. Or let q
daughter Of mine do it. No rea-
sOn-inst because"
The Washington times., 1934-07-10
LIVESTOCK MARKETS
CHICAGO

CHICAGO. July 10 N.Ns.).-Hogs-
Receipts. $4,000: market. 10 cents lower; :;
top. $3.50: bulk. $4.5O@4.S0: heavy
weight, $4.6o@4.9O; medium. $4.65@490:
light. $4.4o@4.75; light lights $3.50
40: packing sows. $3.75@4.25; pigs,
50@3.50: holdovers, 5000
Cattle-Receipts. 1900; calves. 5000:
market steady. beef steers, good and
choice, $S.5O@1O.25; com m on and
medium. $5@S50; yearlings, 5000;
butchers-heifers, $S.5O@7.25: COW 8,
$3.50 @4.5O: bulls. $2.75 @5: calves 1905;
feeders $4@5.75; stockers. $3.50@5;
stocker cows and heifers, $2.75@4.50.
Sheep-Receipts. 5000; steady: medl-
um and choice lambs. $S@s.5O: culls
and common, $506; yearlings. $500
6.75: common and choice ewes, $1@2.50;
feeder lambs, $5@6.5O.
The Washington times., 1934-07-10

PHObAIE - DM1N1SIHA1OHS
TREATIES ALIENS. SO
STAT. 212-37 STAT. 1479.
SECTION 261 D. C. CODE.
I. The treaties existing be-
twesn the United States and the
Republic of Greece, 80 Stat. 2I2,
and the most favored nation
Sweden, 81 Stat. 1879, do not
supersede the prior rights of 0d-
n1inistration conferred upon rel0-
tiUes by the code of laWs of the
District of Columbia, nor do they
contain any provision that the
cOnsrlGr's right to be GdminiS-
traitor shall be exclusiVe.
2. The absence of the petit
tioner (brother) from the District
of Columbia at the time of de-
cedent's death did not disqu0lify
him from being appointed admin
istrGtOr of the deccdent's estate
upon his return to the District
of Columbia; nOnresidence not
being ole of the grounds of dis
qualification pToOIded by section
261 of the Code.
,. The appointment of the
First Secretary of the Legation
of Greece and Acting Consul Of
Grece us administrator Of the
decedent's estate W0s imprOUi-
IDENTIFY made and his letter Of
administration shall be revoked.
The cause In Re George Kali
noglou, Administration No. 46076,
now comes on for hearing before
Mr.. Justice O'Donoghue on the
petition of decedent's brother to
vacate letters of administration
heretofore issued to the First
Secretary of the Legation OF
Greece.
The Washington times., 1934-07-10
BUFFALO

EAST BUFFALO, N. Y, July 10
GN.s.).-Hogs-110 holdovers none
market around 1Oc lower: most mixed
weights averaging around 100 to 21O lbs,
$5.16; load 2S0 lbs, $5.35: plain quality.
40 to 40 lbs, $3.75@4.50; packing
sows, $3.75@4.25.
Cattle-5O; supplies mostly low grade
cows; steady; low-cutters and cutters.
$1.75@25O
choice vealers, s6.OO@6.25; common to
medium, $4OO@55O.
Sheep-3OO: slow about steady; small
lots mixed lambs. $3.50: choice ewes
supplies common to medium, sorts sal
able at $6. 800; mixed slaughter
ewes, $1.50@2.75.
The Washington times., 1934-07-10

milton in the
District Of Co
lunbia and its
environS as the
result of eX-
p e r i m e n t S
W h ich have
been successful
ly comp l e t e d
with a view to
lowering costs
of such con-
Struction.
Ber n ard L.
johnson, editor
of the "Ameri-
C a n Builder, B"
told the Nation
The Washington times., 1934-07-10
PITTSBURGH

PITTSBURGH. July 10 O.N.s).-Hogs:
500; holdovers 500; slow. 18O-2SO pounds,
sc lower; 100 pounds down, steady.
Heavies. $4.75 as; medium, S5.15@5.2O;
light. IS $50; light lights. $3.75@45O;
packing sows, 1925 $50; pigs, $3@3.5O.
Cattle-25; nominal. xSteers (90O-1 100
pounds). good. $3.50. xHeifers (55O-s50
pounds), good, $450@5. Cows. good,
$3@3.75; bulls good beef. $3@3.75.
Calves-1OO; steady. Vealers, good and
choice. $5.5O@6.
Sheep-3OO: steady. Lambs good and
choice. $S.25@E.6O; yearEng wethers,
good and choice. S5@6: aged wethers.
medium good. $2.25 @S.25; ewes good
and choice. $2@2.25.
Knot extreme limit Of grade.
The Washington times., 1934-07-10
ILLEGAL NEWS - D. c COURT RULINGS
Produce Markets

weak. North Carolina. standard crates,
sugar corn, Use, few higher; poor, 76c.
Blackberries-Supplie light; demand
light; market steady. North Carolina
also Maryland and Virginia, 32-quart
crates. 1925 q $50 per crate; poor lower.
Blueberries-New Jersey, quarts, cell
1ophone- wrapped, 25@35c, mostly ESQ
SOc.
Apples-Supplies moderate; demand
moderate; market. steady. Virginia,
bushels: Transparents, U. 8. No. /, IN
inches minimum, $2.25; 2-inch mini
mum, $2.00@2.25; combination u. s. No.
1 and u. s. Utility, inches minimum,
$1.65 Oils: unclassified, IN inches mini
mum, $1.0O q 1.25.
Celery--One N. Y. arrived: . unbroken
cars on track. Michigan, Highballs, 11.SS
@1.50.
Okra-Tennessee 12-quart baskets. 81:
North Carolina, bushel hampers, $3.50
62.00.
Huckleberries-North Carolina, 2 quart
crates, $4.OO@A50, according to condi-
tion.
oranges-Three California arrived ;
2 broken and 10 unbroken cars on track.
California, boxes, $4.0004.50, according
to grade and size.
Lemons-One Calf. arrived: un-
unbroken car on track. California, boxes,
$6.75@S.50, according to grade and size.
Cabbage-One Virginia arrived; un-
broken car on track.
Plums-One broken car on track. No
carlot arrivals.
Pears-Three unbroken cars on track;
2 Calf. arrived.
The Washington times., 1934-07-10
PITTSBURGH

PITTSBURGH, July 10 U.N.S).
steady. Leghorn broll-
ers. 1S@ lie; colored hens, 14@16c;
Leghorn hens, II @12c; barred rock broil-
ers, 22@25c; white rock broilers, 200
24c; mixed colored broilers. 20023c;
turkey hens lac; ROSTERS s@9c: stays
IL @1Sc: ducks, 10@12c; geese, &C.;
young TOMS lie
Butter-Market st ady. 92 score,
24hc: 80 score. 2SAc; SO score, 22hc;
standard, 24c.
Eggs-Market firm. Nearby current
receipts. lac: fresh extra firsts, 15kc:
hennery white extras. 16@17c: South
Carolina. West Virginia, Kentucky cur
rent receipts 13hC
The Washington times., 1934-07-10
CLEVELAND

Hogs-Receipts, 500; market little
slow; largely steady on all grades.
Cattle-Receipts, ESQ; market steady
on all grades: common grass cattle SELL
ing slow.
Calves-Receipts, 400: market steady
with very good action. Top, $6.50.
Sheep-Receipts, 500; market largely
steady; quality not very good. Choice
strong lambs quotable at $3.50.
The Washington times., 1934-07-10
CHICAGO

CHICAGO, July 10 .S.).-Butter:
Receipts. 1862 tubs; weak; old cars,
%; new, IL. Creamery extras, 23c;
standards, 22%c: extra firsts, 22@22hc;
firsts, 21A @211hc; seconds, 2O@20hc;
specials, 23h @24c.
Eggs-Receipts, s.513 cases: firm; old
cars 9: new, 2. Current receipts, 100
13c; fresh extra firsts, less than cars,
14c: cars. 141hc; fresh firsts, less than
cars. 13%c: cars. 14Nc; dirties, 1917 a
111ac; checks. 101z a lie
Cheese-Twins, 1914 @12%c: daisies,
prints and longhorns 13@13Ac.
The Washington times., 1934-07-10

al Association Of Real Estate
Boards of new developments
along this line when he addressed
the land developers and home
builders division in Minneapolis
recently. --
His idea already had been
graSped by a far-sighted local
realtor, however, and it is re-
ported that this realtor is pre-
pairing to develop a large and
desirable tract with homes which
have been ready-cut to q degree
The Washington times., 1934-07-10
BY DICK BAKER

The factory-built unit, as ap-
piled to small dwellings, is ex-
pected to gain considerable recog-
The Washington times., 1934-07-10
NEW YORK

NEW YORK, July 10 CI.N.S.).-But-
ter-Market unsettled and easy. salted
and unsalted creamery, higher scoring,
PAX @2SAc; creamery extras, 24@25Ac;
creamery firsts, 22h @24%c.
Cheese-Market quiet: State whole
milk flats, specialA 1S@19c; average
run, 16@16hC.
Eggs-Market steady. Nearby white,
specials, 23c: standards, 2O@20hc; me-
1s@24c; standards. liz h@17N; mixed
specials, 17M @21c: standards, 1873 @17c;
first, 15hc; seconds. 14%c; mediums,
14h @14%c. Pacific Coast white, fancy
packs, 25h @26hc: standards, 23h @
csc: mediums. 22@23c.
Milk-Wholesale. 1Oc per 100 pounds
No. l fluid milk within 201-21O-mile
zone.
The Washington times., 1934-07-10

CLASSIFIED SERVICE
The Washington times., 1934-07-10

PROBATE -ADMINISTRATOR
TREATIES - ALIENS. 80
STAT. 212-37 STAT. 1479.
SECTION 261 D. C. CODE.
The Washington times., 1934-07-10

R. Aubrey Bogley and Thomas
E. Lodge are members of the gen.
eral committee for the Presidents
Cup Regatta and have already
gotten in harness, thereby beating
their brethren of the bar associa-
tion's regatta committee by sew.
eral days.
Evening star., 1934-03-01
BY the Associated Press.

BY the Associated Press.
Abolition of company unions, estab-
lishment of permanent National
Labor Board and denial Of the right
of direct representation to labor min
critics we're proposed in bill intro
duced today by Senator Wagner,
Democrat. of New York, chairman Of
the National Labor Board.
Wagner described the bill in an ac-
companying statement as designed ito
clarity and fortify" the provisions of
section Ia of the recovery act gov
erning the right of workers to COL
lective bargaining and to provide
means of enforcing the section
through increased powers for the
Labor Board.
The greatest obstacles to collec-
tive bargaining are employer-domi-
mated unions, which have multiplied
with amazing rapidity since the en-:
actment of the recovery act" Wagner
said. Such a union makes sham
of equal bargaining power by re-
stricting employees cooperation to
single employer unit at time, when
businessmen are allowed to band to-
gether in large groups.
The bill which I am introducing
today forbids any employer to foster
or participate in or influence any or
ganization which deals with problems
that should be covered by q genuine
labor union"
Evening star., 1934-03-01
OF COMPANY UNIONS
IS PROPOSED IN WAGNER BILL

The bill would give the Labor Board
powers of subpoena and investigation
and to prevent violations of the SUBJ
stantive features of the law by re-
straining orders, enforced through the
courts in the same manner as the
orders of the Federal Trade Commis-
SION"
The Senator declared his bill does
not dictate any policy as to the closed
union shop. adding that is prob
lem which labor must work out for
ITSELF"
But the new bill does make clear
that section IA was not intended to
ban the closed union shops and that
Congress never intended to place
employees in a worse position than
they were before the recovery act
was passed." he said.
Wagner described as an "evil" Of
the recovery act its guarantee of the
right to organize, but not the right
to recognition.
my six months as chairman of
the National Labor Board has proved
conclusively to me that the second
guarantee should be firmly established
by Congress" he added. "Over 10
per cent Of the disputes coming before
the Labor Board have been caused
by the refusal of the employers to
deal with representatives chosen BY
their workers."
Evening star., 1934-03-01
ALL SO PASSENGERS
SAVED FROM SHIP
Transfer From Stricken Polish
Steamer Is Made in
Heavy Seas.
1y the Associated Press.

By the Associated Press.
\ HEISINGFORS, Finland, March l.
Nj so Of the passengers aboard the
olish steamer Zieszys, dangerously
lear sinking in violent seas near Ma
'celliot Island, we're taken off the
stricken vessel early today by salvage
ship.
The salvage steamer Juaeaekarha,
which effected the rescue, had re-
ported hours earlier by wireless that
she had reached the neighborhood of
the Zieszys, but was unable to pull
alongside because of high seas.
S o S calls were flashed from the
vessel and rockets were fired when
she struck the rocks last night. Later
wireless messages said the Zieszys was
IN a critical position, a hole in her
hull, the engine room flooded and the
|engines stopped
Other messages told of attempts by
the crew to launch lifeboats in the
darkness which came with the extin-
gushing of all lights after the stop
rage of auXiliaries.
Icebreakers and other steamers
lowed through the heavy seas join
hg the salvage steamer in the race
, the scene Of the wreck.
Evening star., 1934-03-01
ARMY ECONOMY AND EFFICIENCY
VIEWS OF McCARL TO BE ASKED

profits Of as much as II per cent
have been made.
Other committee members, chanc-
ing to refer to the law which created
McCarl's post in 1921, discovered
language instructing him to report to
Congress annually and adding:
I'm such regular report, or in spe-
cial reports at any time when Con-
gress is in session, he shall make
recommendations looking to greater
economy or efficiency in public ex-
penditures."
Committee members made clear
that they thought McCarl had ham
died his job excellently. but said they
would like to have his explanation.
They pointed out that he could have
had nothing to fear since his ap-
pointment was for Is years and he
could not be removed from office save
by impeachment.
McCarl was appointed by President
Harding In 1921. Since then he has
thwarted many an ofiicial's wishes
by reminding that official Of the law.
Only recently he held illegal the pres
ent administrations housing laws.
He may be overruled only by
changes in the law.