davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1934-06-11
BANK
DEBTS SEEN

Debts to individual accounts,
as reported to the Federal Re.
serve Board by banks in leading
cities for the weeks ended June
6 aggregated $7,615,O00,0O or 43
per cent above the total reported
for the preceding week, which in
cluded five business days in most
Of the reporting cities. and 6 per
cent above the total for the cor
responding week of last year.
Aggregate debts for the al
cities for which a separate total
has been maintained since Janu.
airy, 1919, amounted to about ST.
73,000,000, compared with 81.
966, 100000 the preceding week
and $6,730, 100000 the week ended
June 7, 1888.
Debts to individual deposit &C.
count reported to the Federal Re-
serve Bank of Chicago for week
ended June 6 by 152 banks in 40
leading clearing house cities in
Seventh Federal Reserve district
aggregated 1888, 100000, an in.
crease Of 1877 per cent compared
With 1857 ISL 900 a week before,
The Washington times., 1934-06-11

I. The Secretary of the Treas
ury cannot be compelled under
writ of nGndamus, to make pay
nent in gold as redemption for a
gold certificate.
2. The refusal of the Secretary
to make such redemption is at
best a breach of contract on the
part of the United States and the
right of action, If any, is against
the United States, and relief can
not be obtained by nandGnaus
against the Secretary.
In the case of Davis vs.. Nor
genthau, Secretary of Treasury.
At Law No. 1870, the relator by
suit in mandamus seeks to
compel the defendant, the Secre-
tary of the Treasury, to make
payment to him Of twenty dollars
in gold, demanded for, and in re-
demptian of a twenty dollar gold
certificate rendered by petitioner.
Payment was refused by the Sec
rotary, acting pursuant to execu-
tive proclamation and executive
order of August %, 1888, promul-
gated under authority of the Act
Of March 9. 1888, 48 Stat. /.
The secretary filed an answer
to the petition and the petitioner
demurred to that answer. The
cause now comes on for hearing
upon the petition, the answer
thereto and the demurrer to the
answer.
The petitioner is the holder Of
a twenty dollar gold certificate,
which he has rendered to the
Treasury and demanded therefor
twenty dollars in gold coin. The
demand has been refused.
The Washington times., 1934-06-11
LEGAL NEWS, RECENT COURT RULING
Ruling of Court On Mandamus
Petition By Gold Seeker

BY section 9 of that order, the
Secretary of the Treasury was
authorized and empowered to is.
sue such regulations as he may
deem necessary to carry out the
purposes of the order.
AS to the validity Of the congress
Sional enactment of March 9, 1888
it is clear that Congress has power
to establish, maintain and protect
the monetary system of the Gov
eminent. Article /, section g.
clause 5, of the Constitution, reads
THE Congress shall have power
to coin money, regulate the
value thereof, and of foreign coins
and fix the standard Of weights
and measures"
Having undertaken to provide a
currency for the whole country, it
cannot be questioned that Cor.
gress may, constitutionally, secure
the benefit of it to the people by
appropriate legislation. Veazie
Bank v. Fenno, 8 Wall, 531, SAB,
$40. See Juilland v. Greenman,
10 U. S. 421. 449. 1t. may at
tach such limitations to the title
of the owner of coins as public
policy may require. Ling ST. Fan
D. U. S., 218 U. S. 1927
There was no unconstitutional
delegation of legislative power.
The practice of Congress of dele,
eating power to executive heads
end tribunals has long existed and
persisted. Its power to delegate
administrative authority has been
long recognized and has been uni
formly upheld by the courts
against assertions that such ena It.
nentS are an unlawful delegation:
IF legislative power, and hence in
violation Of article /, section /, Of
the Constitution. (Field D. Clark,
143 U. S. 649; Buttertteld D. Stana.
han, 1872 U. S. 40, 1876; U. S. D.
GrimGnd, 22O U. S. SOC, 517, 518;
I. C. C. .. Crimson, 154 U. S. AT,
42, .473; I. C.. C. D. Goodrich Tran.
sit Co., 224, U. S. 1914, 214, BIS: st.
Louis, S. w. Ry. Co. D. U. S., 245
U. S. 1876, 143, IA; AGENT D. U. s.,
266 U. S. 1877; Hampton G. Co. D.
U. S., 276 U. S. 394.J
The Washington times., 1934-06-11
Demurrer Overruled

Since by Section 4 of the Elk
ecutive order of August %, 1888,
it was provided that mo person
other than a Federal Reserve
Bank shall acquire any
gold coin -" it is manifest that
the refusal Of the Secretary of
the Treasury to redeem in gold
coin the petitioners gold certifi-
cate was required by the order
and was consistent with the policy
and purpose of the Congress in
enacting the legislation under
which the President proceeded.
Since it is manifest that the
petitioners suit seeks to obtain
gold dollars, which indisputably
are the property of the United
states, the United States is a nee
essary and indispensable party to
the suit and it's title in the gold
coins cannot be tried behind its
back.
U. S. &c rel Goldberg .. Daniels,
231 U. S. 218, 221, 222; Wells D.
Roper, 246 U. S. 1875, 337, 1888;
New MEXICO D. Lane, 243 U. S. 81,
81, So.
Mr.. Justice Jennings Bailey,
after consideration of the above
cause, filed the following opinion:
"The claim of the plaintiff
is at best one for breach Of con-
tract ON the part of the United
States. The Secretary of the
Treasury does not hold any Spe-
cific coins as special deposit
or in trust for the holder of a
gold certificate. The plaintiffs
right of action, if any, is against
the United States, and he can
not obtain relief through man.
damus proceedings against the
Secretary of the Treasury. The
demurrer to the answer will be
Overruled."
The petitioner appeared in
proper person, while the Secre-
tary was represented by Harry l..
Underwood, Assistant District At
torney.
The Washington times., 1934-06-11
PRINCIPAL PRODUCE MARKET REPORTS

broken and unbroken cars on track.
Wester stock: Supplies moderate: de-
Washington, Western crates, Iceberg
type, AS dozen, $45O@5, poorer lower;
Eastern stock: Supplies light; demand
light; market steady. New Jersey,
Eastern crates, Big Boston type, 2-dozen,
$1.0O.
Onions-One Tex. arrived; I broken
and unbroken cars on track. Supplies
light; demand light; market steady.
U. S. Commercial, $1.60@1.75, fair condi-
ton, $1.25@1.50.
Peas-Truck receipts moderate: sup
plies, moderate; demand light: market
steady. Virginia. bushel hampers, $1.25
@15o, fair condition, 75c@$1.
Potatoes-One Idaho, 8 Me-, N. c., 4
s. c. arrived; 6 broken and 10 unbroken
cars on track. Old stock: Supplies light |;
1O0-pound sacks, Green Mountains, U. s..
No. 1, $1.6O@1.65. New stock: Supplies
liberal; demand light; market steady.
s No. l, stave barrels. mostly around
$3.50, fair condition. $2.25; bushel ham
pers. 85c.
strawberries-No carlot arrivals: no
cars on track. Supplies light: demand
light; market steady. New Jersey, 32-
quart crates, various varieties, $3@S.5O
per crate, poorer lower.
Oranges--Two California arrived: 2
broken and unbroken cars on track
California, boxes, $4.5O@5.75, according
to size.
Lemon$-No carlot arrivals: un-
broken car on track California. boxes
1915 @7.00 according to grade and size.
Pineapples-Cuba, $2.70@3.75, accord
ing to size.
Peaches-North Carolina. bushel bas-
kets. Mayflowers s1.5O@2.50. according
to size; u -bushel baskets, $1.25; South
Carolina, 6basket crates XXI Early Rose,
$3.50.
Okra-Florida, bushel hampers. $780,
poorer, lower.
Plums-Two California arrived;
broken and unbroken cars on track.
The Washington times., 1934-06-11
How Law Reads

The Act of March 9, 1888, is a.
follows:
"(b) During time Of war or
during any other period Of ma
tiOnal emergency declared by
the President, the President
may, through any agency that
he may designate, or otherwise,
investigate, regulate, or pro-
hibit, under such rules and reg
ulatiOns as he may prescribe,
by means Of licenses or other
wise, any transactions in for
eign exchange, transfers Of
credit between or payments by
banking institutions as defined
by the President, and export,
boarding, melting, or earmark-
ing of gold or silver coin or
bullion or currency, by any
person within the United States
or any place subject to the juriS-
dictiOn thereof; and the Presi-
dent may require any person
engaged in any transaction re-
ferred to in this subdivision to
furnish under oath complete
information relative thereto, in
Guiding the production of any
books of account, contracts,
letters or other papers, in con-
nectiOn Herewith in the Gus
tOdy or control of such person,
either before or after such
transaction is completed. Who
ever willfully violates any Of
the provisions of this Subdi-
vision or of any license, order,
rule or regulation issued there
under, shall, upon conviction,
be fined not more than $4,000,
or if a natural person, may be
imprisoned for not more than
ten years, or both; and any Of
ficer, director, or agent Of any
corporation who knowingly par
ticipates in such violation
may be punished by q like fine,
imprisonment or both. AS used
in this subdivision the term
person means an individual,
partnership, association, or cor
pOratiOn."
It will be observed that this Act
conferred upon the President the
authority to declare a nationa
emergency and during the exist
ence of the emergency to regulate
or prohibit the boarding, melting
or earmarking of gold or silver
coin, bullion, or currency by any
person in the United States. The
is further given power
to require any person to furnish
information under oath relative
to the matters referred to. The
details as to the extent Of the
prohibition and matters of similar
import are delegated to the Presi
dent who is clothed with the au
thority to issue orders and regu
lations.
The Washington times., 1934-06-11
BANKERS FAVOR
HOUSING BILL

President Law of the American
Bankers Association, in discussing
the general legislative program
with President Roosevelt, said that
the association favors the hous-
ing bill and feels that it will be
Salutary and useful.
Mr.. Law, accompanied by R. s..
Hecht and r. V. Fleming, vice
presidents of the association, re-
ported to the President that they
had contacted State banking asso-
Citations and instructed them to
familiarize themselves with the
provisions of the bill so they would
be able to operate intelligently
under it when it becomes effective.
Discussing business conditions,
Mr.. Law said that outside the
drought areas sentiment was i'm
proving and the outlook cheerful
and hopeful.
The Washington times., 1934-06-11
NEW MILL COST
IS S6,000,000

Youngstown Sheet and Tube
Company announces that it will
build a wide strip mill at the
Campbell plant at $6,O00,000 esti-
mated cost. Work is to start at
once.
The mill will produce hot strip,
hot rolled sheets, pipe Skeip for
fire weld and electric weld pipe,
and commercial plate. Capacity
will be 10000 to 10000 tons a
month. The mill will be of the lat
est design.
Mesta Machine Company of
Pittsburgh has been awarded the
contract for the mill, plans for
which were started four years ago
and dropped because OF depression
conditions.
The Washington times., 1934-06-11

Up Fraction

The wholesale c o m m o dity
prices advanced $40 Of per
cent during the week ended
June 2, the Bureau of Labor
Statistics reported. The index
stood at 1873 per cent CON-
pared with 1871 per cent for
the week ended May rs.
The present index compares
with 63.8 per cent for the cor
responding week last year and
is "a per cent higher than on
March 4, 1888, when a low of
59.6 per cent was recorded.
The bureau attributed the
advance to gains in farm prod
uctS, food, fuel and lighting
materials and building mate
rails. The largest increase was
$40 of 1 per cent in farm
products,
The Washington times., 1934-06-11
Extend RichfieLd
Oil Deposit Date

Time for depositing bonds and
claims under the Richfield Oil
and Pan-American Petroleum re-
organization plan on the basis of
the Standard Oil of California
offer has been extended to June
%.
The United States District
Court, which has jurisdiction over
the reorganization plan is sched-
uled June II to consider a petit
ton by the committee to fix the
date Of sale Of the. two properties.
The Washington times., 1934-06-11
SALES IMPROVE.
FOR CHAINS: i
IN MAY .

Sales of 20 important chain
store and mail order organize
tons in May show an average
increase of 1876 per cent over
1888. The average gain has been
rising as more reports appear:
the first nine to report had an
average increase of 14.6 per cent.
In April these 20 identical
companies did a business 1914
per cent greater than in the
similar month of last year. ~
Total volume Of the 20. con-
Germs in May was $170,69, 040,
compared with $143,877,75O in,
May, 1888, an increase of $26,.
781, 200. During April an ad.
vance of $l7,452,678 brought the,
aggregate for the month to
$157,2S2,118 from $139,829 ,440 IN.
the similar month of 1888.
The Washington times., 1934-06-11
D. c. BAR GROUP
COMMITTEES
To REPORT

When other committees of the
District Bar Association, ap-
pointed earlier in the year, are
making their written reports to
the membership at the general
meeting tomorrow night at the
Mayflower Hotel, new commit
tees, appointed within the past
few days, will be making head
way in their tasks.
Charles Keigwin is chairman
Of the most important of these
new committees the committee
on law rules.
Necessity not only for revision
of these rules, but for proper
enlightment of the practitioner
on their provisions, has long been
apparent to members Of the bar.
Buhrman Appointed
It is significant that President
F. Regis Noel has appointed
Alfred G. Buhrman, veteran law
clerk assistant to FSank E. Cum
bingham, as an ex-officio men,
Der of this committee.
William C. Sullivan is vice
chairman of the committee; Ira
L. Ewers is secretary. Members
include Edmund D. Campbell,
Charles w. Clagett, Fred J. Eden,
E. Hilton Jackson, Lawrence
Koenigsberger, Charles H. Merrill
lat, Alvin L. Newmyer, Leon
Pretzfelder, Roger O'Donnell, and
Joseph Sherier.
With the best intentions in the
world to all concerned, Judge
George A. Aukum has brought
a deprivation upon some of the
colored workers at the court
house and grave hints of poverty
against one of the prosperous
lawyers of the bar.
Al Newmyer has always been
an inveterate cigar Sunderland
his cigars are very fine, as the
writer can attest.
More often than not the lawyer
gets just a few puffs when he is
Unexpectedly called into court.
The cigar is left on the chair
rail in the corridor to be picked
up and finished by one of the
watchful janitors near by.
They Miss Them
Recently Judge Aukum pre-
sented AL with a very fine pipe
and the latter has begun to
smoke it just as if he enjoyed it.
The colored janitorS are not
only beginning to miss the cigars
Al formerly left lying about but
when they see him smoking the
pipe they whisper to each other:
"Man, whoever thought this
depression would hit MIR. Alvin
Newmyer SO hard it would
make his smoking cigars"
Harking back to the first story
in this column re the enlightment
of the brethren on the law rules
we have solution for the prob
lem.
Later during the summer when
things get otherwise dull in the
matter of adequate opinions to re-
port, William w. Stickney, who
writes the District Supreme Court
reports for this paper, will present
Well-prepared treatise on the
rules of the District Supreme
Court.
Because of its Importance and
the interesting detail in which it
is being prepared, the treatise will
cover several issues.
The Washington times., 1934-06-11
Can Designate Agency

It will also be noted that the
President issued an executive
order relative to the boarding, ex'
porting. and earmarking of gold
coin, bullion, or currency and to
transactions in foreign exchange.
This order was issued by virtue
of the Act of March 9, 1888, SUI
pra.
Section 4 Of that order provides
in part as follows:
"NO person other than Fed
eral Reserve bank shall after
the date of this order acquire
in the United States any gold
coin, gold bullion, or gold certifi-
Gates except under license there
for issued pursuant to this
executive order. -"
The Washington times., 1934-06-11
PITTSBURG

PITTSBURGH, June II G.N.s).
Hogs. 1900; holdovers $50; active, $50
Csc higher; heavies, $4.0004.15; medium
S410@415; light. $3.S504.15; light
lights, $2.75@3.5O; packing sows. $2.250 D.
2.65; pigs. 2.25@2.6O. j.
Cattle-60O; dry fed steers Csc high
er, grassers lower. top load averaging
1,O4O pounds. $7.25; steers { 9OO-1, ZOE
pounds) good. $S.OOQT25; heifers $3.50.
$50 pounds) good $5.50@6.0O; COWS
good, $S.25Q3.75; bulls, good beef $S.O0
@3.75.
Calves-1,2OO; active; vealers. good
and choice, $5.00@6.00.
sheep 500 osborn basis, except spring
lambs); steady; x-springs lambs good
medium good. $2.00Q3.OO; ewes, good
and choice. $2.OOQ2.25.
The Washington times., 1934-06-11
Burial Tomorrow
FOr'Chute Victim

NEW YORK, June ii U.S0.
The body of Jerry WesSling %,
champion parachute jumper killed
in a 6,0O0-foot leap at Floyd Ben
nett Field Saturday, has been
home to West Toledo, Ohio, for
funeral services and burial.
The funeral is to be held to-
morrow with Squadrons of planes
flying overhead. 'che young jump
er's skull was fractured when his
parachute, caught in high wind,
dragged him along the ground 100
feet after he landed.
The Washington times., 1934-06-11

"With the present pressure
for early adjournment Of Con-
gress there Is need for the peO-
pie of every community to let
their Congressman and the
President know, quickly and un-
mistakably, that the people OF
the country believe in the per-
manent value of the owned
homes of the country, and that
they are back Of a sound and
well considered plan to stabi-
lie these values and SO bring
the lowest cost possible for
new home mortgage financing.
"The Administration, in shap-
ing the present bill to meet the
major need for economic re-
COvery, has consulted the vari-
Gus groups concerned with the
practical operation Of home
building and home financing,
and has made an honest effort
to shape a measure that would
meet the need and would work.
The proposed act, In the form
in which it is being discussed
as this statement goes to press,
should be an encouragement to
sound home ownership, a sta
biIizing factor for home mort
gage values and home mort
gage practice, and q benefit to
all real estate"
President Potter believes that
amendments suggested by the
association, in hearings before
the House and Senate committees
would help to hasten the OBJ
jectives sought in the bill. The
amendments would make the bill
apply to homes whether owner
occupied or not and by adding
a separate title to the bill would
set up a provision creating the
National Mortgage Discount Cor
poration, which, under proper
safeguards, would make all types
of mortgages eligible for discount
Wisely enough, the proposed
latter amendment would apply
only to mortgages made after
passage of the act, thus eliminat-
ing the possibility Of mortgages
made under predepression con-
ditions being dumped on the
mortgage market.
T Among the scheduled speaker!
at the Minneapolis convention
June $3.50 will be Waverly Taylor
q member of the Code COMMITTEES
and chairman of the association
Land Developers and Home Build
er's Division. He will tell tn
realtors what the code has done 81
far in the real estate brokerage
industry. He will also give then
some advance information on tn
home builders code, hearings OF
which will begin June IA.
It has been decided that thu
price of tickets for the mid-sum
mer outing will be $3.50.
This figure pleases most of tn
realtors but they cannot conceive
Of such a swanky party being
thrown for such a small sum. IT.
all in organization, and Charlie
j. Rush knows the secret.
The Washington times., 1934-06-11
TGkOn1G Junior High
Will Graduate I25

Commencement services will be
held for 1875 junior high school
pupils at the Takoma-S Silver
Spring high school tomorrow at
8 p. m. The program, to be given
entirely by the pupils, was an
nounced today as follows:
Introductory talk by William
Bowman; original poem, Miss
Katherine Wadley; talk What
the Ninth Grade Should Do to
Help the New School," by Miss
Margaret Scott; music by the
school orchestra; Essay. big
Thoughts and Little Deeds"
Harry Case; THE Need of Co
operation" James Henderson;
art talk, by Miss Doris Beck;
senior representatives talk to the
graduates, by Miss Doris Leizear.
The Washington times., 1934-06-11
MARKET EASIER
ABOUT CRISIS
IN STEEL
The Wall Street Spectator

The Wall Street Spectator
NEW YORK, June II ON.S).
The market goes into the new
week with adjournment of Con-
gress seven days nearer.
This is the important thing
speculatively as Wall Street is
displaying little apprehension over
the steel strike situation and is
taking a settlement for granted.
The market absorbed a lot of
profit-taking without much of a
flicker on Saturday. If it can
continue to act this we'll in the
next day or two it will be reas-
surfing.
The Boston crowd seems conf
dent that the Armour reorganiza-
ton plan will go through. This
would explain the revival of in
terest in the preferred stock in
the last few days.
The latest guessing game is
when steel operations will begin
to taper off.
The gains IN the last three
weeks have COMPOUNDED previous
forecasts. There is a possibility
that a business squirt this sum.
mer along with the Governments
new spending campaign will re-
suit in much less of a drop than
so many been expecting.
There is talk of switching from
high-grade bonds selling we'll above
par into stocks.
Apparently the inflationary as
poets of the general situation are
in influencing some people. The
favorable showing of Southern
Pacific's traffic so far this year
is beginning to attract comment.
The Washington times., 1934-06-11
BUFFALO

EAST BUFFALO, N. Y, June II
better grades, ITO pounds and up, active
GENERALLY Is over Fridays average.
Lighter weights, slow, steady, desirable.
16O-26O pounds. $41O@4.26; few decks
qualities, 15O-19O pounds, $s.26@S.76:
12O-i5O pounds, s25O@3.S5; pigs ana
unfinished underweights 1925 ana be-
low, packing sows &S.OO@3.25.
steers, 900 pounds and up Csc nd more
higher. lighter weights and plain grass
ers, steady to weak, good steers. 900
1900 pounds. $7.OO@S.25; yearlinss, $3.50
@725. few heifers. $5:76; common grass
bulls unchanged, fat cows, 1926 $50;
cutter grades, $l.35 Q2.5O; medium buIls's
$3.O0@3.25. u
Calves-8OO; holdovers, $50: vealerA'
slow, steady, $50 down. e.
The Washington times., 1934-06-11
PayrOlls Rise
In Wisconsin

In April, 1884, there were
800 per cent more workers on
Wisconsin factory payrOllS than
in April, 1888, and 2O.2 per cent
more than in April, 1882, the in
dustriaI commission of that
State announces.
"The average per capita week
ly earnings of manual workers
in Wisconsin factories amounted
to 1881 during April, as COM
pared with $3.50 during April,
1888: $16.44 during April, 1882;
S22.26 during April, 1881, and
S25.S6 during April, 1880.
The Washington times., 1934-06-11
CLEVELAND

CLEVELAND, o., June 11-GNs).
Hogs-Receipts 1900; market fairly
active, 15c higher; top and bulk of the
good hogs, $500.
Cattle-Recipts $50; market fairly
active on the better grades; come sales
stronger; choice steers quotab BILE at $3.50
@S.
Calves-Receipts 700; choice calves
fairly active; medium and out grades
slow; top on a few choice s..
Sheep-Receipts 700; choice spring
lambs active, soc higher; others slow
and steady. =
The Washington times., 1934-06-11
LIVESTOCK MARKETS
CHICAGO

CHICAGO, June 11-G.N.s.).-Hogs-
$4,000 0@15c higher, top, s.; bulks
$3.50 1880; heavy, sa.5oG4; mediun.
$a.6OQ4; light. sa.4O@875; light lights,
$2.75 $3.50; packing sows. $2.9O@S 40S'
pigs, $I50@2.50. Holdovers. 1000. 90
Cattle-1O,OOO; Csc higher. Calves,
1000; steady. Beef steers-Good and
choice, $8.5O@10; common and medium,
$5@S.5O; yearling, $6@S.75; butcher
cattle-Heifers, $3.50@6.50; cows $3.50
g46o; bulls $500 "a :; calves $4,000
steers, $S.5O@5; stocker cows and
heifers, $2.75Q4.
Sheep, 900; 15@25c higher. Lambs.
5000; common. $5@7; yearlings $50
6.75; feeders, $5.5O@7; ewes, $150Q3.75.