davidaulloa/AmericanStories huggingface dataset:
Evening star., 1935-10-30
FOE Of COAL CODE
DENIED INJUNCTION
BY DISTRICT COURT
Tax Hating Refused, but
Order Issued Permitting
Noncompliance.
PLAINTIFF WILL FILE
APPEAL Immediately
Justice Adkins Takes Stand Levy
Clause Will Not Injure Firm
in Next Few Months.
By the Associated Press

BY the Associated Press.
Justice Jesse c. Adkins of the Dis
trict of Columbia Supreme Court re-
fused today to grant James Walter
Carter, president Of the Garter Coal
Co, an injunction restraining the
Government from collecting from the
company the Is per cent compliance
tax imposed by the Guftey coal-con-
troll act
At the same time. the justice
granted Carter an injunction re-
straining his company from comply
ing with the producers code pre-
scribed by the act, but required Car
ter to post bond of 81 500 a day for
a tentative To-day period.
Counsel for Carter said an appeal
would be taken Immediately and court
attaches said it would go before the
District of Columbia Circuit Court of
Appeals as the next step in the con-
stitutional test
Sees No Tax Injury Now.
Justice Adkins said he was not
prepared at this time to enjoin Govern
ment officers from enforcing tax pro-
visions of the law because, he said, he
saw no way in which these would
"injure the company before next
December or January"
The tax becomes operative Novem-
Der /. but first payment Will not be
due until January 2.
Carter's attorneys argued that both
injunctiOnS were necessary TO protect
the company from financial loss.
The ruling followed protracted argu-
ment over the courts jurisdiction.
United States Glasses Case as Test.
Government counsel sought to show
the suit was not based on a real con-
troversy and had been filed merely to
obtain an opinion as to constitu-
tionality Of the coal act.
Justice Adkins held that genuine
controversy" existed within the Carter
Coal Co., whose directors overruled the
efforts of the concerns president to
have the firm resist the coal act. The
justice expressed belief that Carter did
everything a prudent man might rea-
sonably do" to have the stockholders
support him in his determination to
fight the act.
Much significance was attached to
ALI announcement that the Bitumi-
nous Coal Commission, set up to ad
minister the little N. r. A." which
the Guffey act provides for soft coal
has started legal study of its powers
under section IA of the act.
This section provides that no agency
OF the Federal Government shall buy
coal produced at a mine which is not
complying with the Guffey code
officials said the effect of the sec
ton appears to be far-reaching and
will apply TO railroads serving the
Government in the transportation OF
mail, as we'll as firms and individuals
contracting with the Government for
the supply of materials
Railroads are enormous consumers
Of coal OF the 358,385.000 tons OF
bituminous coal mined in 1884, the
class / railroads alone consumed 49,
493,809 tons, or nearly one-quarter OF
the total. If these roads, most OF
which are large carriers of mail, could
be compelled to buy coal only from
conforming producers. the Govern
ment would have q weapon of tre-
mendouS power.
Evening star., 1935-10-30
MAJ.P,P, HILL DIES,
4 OTHERS HURT IN
CRASH OF BOMBER
Giant Boeing Ship Falls in
Flames in Test at
Dayton.
BY the Associated Press.

By the Associated Press.
DAYTON. Ohio. october 30.-Maj
P. P. Hill, chief of the flying branch
at Wright Field. died this afternoon
of injuries received in the crash OF a
Boeing bomber during a test flight
today Four others were hurt.
The bomber, one of the largest air
planes in the United States. crashed
in attempting a take-off. The plane
was being tested by the United States
Army Air Corps.
Others injured were Lieut.. Donald
L. Putt, Leslie Power, chief pilot of the
Boeing Aircraft Co; John Cutting,
test observer. and Mark Koegler,
Wright Field employe.
The huge ship-l05 feet in wing
spread, and capable of $50 miles an
hour speed under full fve-ton load
had climbed about 100 feet when the
two left motors cut out, witnesses said.
Hits Earth in Flames.
It's right motors pulling full-out, the
big ship spun in the air and smacked
to earth in flames.
Reported as costing $500,000 to de-
velop. the huge four -motored craft
was offered to the Army at 5000. 900
in lots of 25 1t carried four machine
gun nests in addition to bombing
load. had retractable landing gear,
was equipped with air brakes and
could cruise from to 10 hours under
full load at speed of from ITO to
220 miles an hour. 1t was fully
equipped with radio direction finders
and other safety devices.
The cause of the crash was not i'm
mediately determined.
Investigation Started.
Lieut.. Col Frank Lockland, Capt
j. NJ. Gillespie. Capt. L. C. Craigie and
Capt. H. A. Bogart was appointed to
conduct an investigation.
The plane was brought to Dayton
August 81. In a spectacular nonstop
fight from Seattle, Wash. it set a
record for that time of slightly over
nine hours for the fight.
Wright Field officials said that lives
of the plane occupants probably were
saved by the heroic action of Lieuts.
Robert K. Giovannoli and Leonard F.
Harman. Giovannoli, appointed to the
Army from Lexington, KY, is a ma
tive of Washington, D. c.
The two men rushed inside the
burning plane and carried out the five
men. The rescuers were burned
slightly.
Saw Crash Coming.
LieutS. Harman and Giovannoli. who
witnessed the crash, said a sickening
lurch that ended in a turn of 18O de-
grees warned them that the bomber
was going to crash. They sprinted
toward the spot where they knew it
would fall even before the left wing
dropped and the plane smashed into
the ground.
They threw their coats over their
heads and with their arms over their
faces, clamered into the wreckage.
When the ambulance bumped across
the field to the wreckage, all of the
crew had been pulled to safety.
Evening star., 1935-10-30
COOPER TEST|F|ES
/. ON CHARGE DELAY
Takes Stand to Explain
Continental Interest
Action.
Taking the witness stand in his own

Taking the witness stand in his own
defense. Col. Wade H. Cooper. ons-
time president of three local banks.
today defended his acts as president
of the defunct Commercial National
Bank at his trial in District Supreme
Court on charges of misapplying funds
of the bank.
Questioned by Defense Attorney Will
liam E Leahy, Col Cooper denied he
was able to dominate the board of di-
rectors of the bank and declared all
transactions approved by the board
were taken in the best interests of the
bank
Referring to interest charges which
the Government claims would have
wiped out earnings of Commercials
affiliate, the Continental Trust Co.
Col. Cooper said he never heard about
these interest charges until he began
to inquire what was becoming of
the Continentals earnings"
Reinstated Charges.
Then, he said. he ordered the in
terest charges against Continental to
stop, pending study of the ques-
ton. Later, he ordered the charges
reinstated, he testified.
The previous defense witness to-
day told the jury that dividend pay
ments, now alleged by the Govern
ment to have been improper, were
based on a statement Of earnings by
Continental which did not take into
account the interest charged by Com
mercial on deposit liabilities assumed
by the Commercial Bank upon affllia-
ton with Continental in 1880.
Isn't it fact" Leahy asked
Cooper, that the earnings of Cont
mental were being eaten up by the
interest charges made by CONNER
cial?"
That's a fact" Cooper replied.
Cooper Voluble.
The former bank executive appeared
at ease in the witness chair and his
volubility caused Irving Goldstein, as
sistant United States attorney, to in
terpose an objection. Cooper drummed
a pencil on the palm OF his hand
during his testimony.
The testimony on the interest
charges came from Miss Alice Barber,
former assistant trust officer of Con-
tinental and, after the affliation OF
the two banks, holder of a similar
office with Commercial.
Golostein brought out from the Wit
ness that Cooper and another officer
of the Commercial Bank had directed
her to withhold these interest charges
| for a period of five months. Later.
after a discussion as to the propriety
Of charging Continental interest, the
accrued charges we're assessed. Gold
stein pointed out that when the inter-
est charges were made there were no
earnings left on which Continental
could pay dividends.
Miss Barber said under croSs-eXam-
ination that all undivided profits, re-
serve and other assets of Continental
were held by Commercial as collateral
for the deposit liabilities assumed.
Tax Statements Barred.
In an announced attempt to i'm
peach Miss Barber's testimony that
she did not consider the interest
charges against Continental as valid
(See COOPER, Page ~
Evening star., 1935-10-30
Laval Reported informing
II Duce His Peace Terms
Have to Be Submitted to
League for Consideration.
MORE COUNTRIES JOIN
ISOLATION OF ITALIANS
Eight More States Give Pledge to
Boycott Italy, Bringing Total
to 37-Same Number Announce
Financial Ban. and 20 Adhere
to Project of Mutual Aid.
BY the Associated Press.

BY the Associated Press.
PARIS, October 30.-Premier Pierre
Laval of France was reported today
by circles close to the French foreign
office to have let Premier Mussolini
of Italy understand peace terms must
come from II Duce and must be SUBJ
mitted to the League of Nations.
simultaneously French officials de-
clared British and French navy, army
and air leaders were preparing a
program of full wartime cooperation
in the Mediterranean Sea, to operate
under Article XVI of the League cov-
enant (the sanctions article. They
said French army and air chiefs will
go to London to join French naval
officers there in working out the plan
with British experts.
Laval in a talk with Italian Am
hassador Vittorio Cerruti was reported
to have told him Mussolinis terms for
settlement of the Ethiopian war
might be acceptable if he made
certain concessions.
Modified Demands Sought.
given to understand that if he sub
mitted modified demands along Ger
tain lines to the Leagues Committee
of Five they could then be discussed
at Geneva. The certain lines" were
interpreted as being Italy'S acceptance
of a sort of lease on the outlying
territories in Ethiopia, leaving the
cities of Aksum and Harar and the
interior highlands under the SOW
ereignty of Emperor Halle SelaSsie.
1t was stated, however, that the
French view is the initiative must
come from Mussolini, as Great Britain
is opposed to other nations taking a
cut-and-dried plan to Geneva for sub
mission to the League.
Laval was quoted as telling Cerruti
Mussolinis demands thus far were not
possible. but as adding that certain
proposals which II Duce had outlined
might be possible"
The French were said to recognize
that Britain is unable to agree to any
is that any negotiations must be within
the League.
Conflicts to Be Avoided.
France and Britain were reported
to have agreed, however, that they will
avoid working at cross purposes at
Geneva, when and if the Italian pro-
posals are submitted
French circles said the British
foreign secretary, Sir Samuel Hoare,
might suggest at Geneva that the date
for application of sanctions against
Italy be fixed at November Is.
The conversation between Laval and
Cerruti following similar one in
Rome between Mussolni and British
Ambassador Sir Eric Drummond. was
held in secret conformance with the
recent French policy.
Authoritative sources continued to
insist French and British experts are
still studying proposals acceptable to
sthe League of Nations, Ethiopia and
Italy.
These proposals, the same sources
said, suggested there might be an
(See WAR, Page 81
Evening star., 1935-10-30
Japan Accepts Farley Bid.

LONDON, October 80 R.-The
British government announced today
Japan had accepted an invitation to
attend the conference of naval powers
here December 2. No other accept
ances had been received up to today, it
was said.
The Japanese reply said some men,
bers of the delegation would not be
able to reach London for the formal
opening.
Evening star., 1935-10-30
BY the Associated Press.


ROME, October 30-All was be-
lieved ready today for the next big
Italian push on the North Ethiopian
front toward Makale.
An official communique announced
that communications, lines of supplies
and commissary stores have been so
completely organized that the troops
may move forward at any time.
Whether the advance will be as
barren of combat as was the march
three weeks ago on Adigrat, Aduwa
and Aksum is not certain.
The Italians have been placing much
stress on the peaceful character of
their invasion Although the troops
were said to hope for fighting, the
high command was regarded as quite
willing for the present that the un-
Evening star., 1935-10-30
RAIL RETIREMENT
BOARD APPOINTED
Murray w. Latimer Is Chairman
of Group Selected by Presi-
dent Roosevelt.

BY the Associated Press.
President Roosevelt today named the
Railroad Retirement Board of three
members with Murray w. Latimer of
New York, chairman.
Latimer will represent the public
on the board, which will administer
the new retirement act.
James A. Daley of New York was
named representative of the employers,
and Lee NJ Eddy of Missouri, repre-
sentative of labor.
Latimer was given two-year term,
Daley, three, and Eddy, four.
Evening star., 1935-10-30

the active supervision Of Deputy Pub.
lie Printer George Ortleb and Chief
Clerk H. H. Wright the big Govern
ment Printing Office organization has
been enrolled in The Star safety drive
and special safe-driving pledge cards
are being distributed to all officials
and employees Of the plant who drive
cars.
Although practically all of the 5000
special pledge cards turned over by
The Star Council to the Government
Printing Office are for the use of en-
p1oyes and members of their families
who operate their own automobiles,
approximately 80 are for the use of
drivers of a feet Of Office trucks which
handle the transportation through
Washington streets of some 100000
600 pounds of paper and supplies
each year.
The Government Printing Office,
which takes care of all printing and
bookbinding for the Federal Govern
ment, Is one of the most complete
and easily the largest plant of its kind
in the world. Its employees operate
in day and night shifts and as a re-
suit are factors in the city's traffic
problem at all hours of the day and
night.
The decision to put the big print
ing establishment behind the safety
campaign is in line with the progress
sive policy which has made the office
a leader in the printing and allied
crafts. The Office is constantly ex-
perimenting with new methods of pro-
duction and many important advances
ISeN S1FTTY- pace K0
Evening star., 1935-10-30

VICTORIAVILLE, Quebec. october
80 CR.-Two children were missing,
81 families left homeless and damage
estimated at $4,000 caused early to-
day when fire ragged through large
block in the center of this Arthabaska
County town. The cause of the fire
was not Immediately established.
Evening star., 1935-10-30
s2,729,ooO TO U. S.

Americans Win Approximately 43.5
Per Cent.
DUBLIN, Irish Free State, october
80 (P.-American purchasers of
tickets in the Irish Hospital Sweep
stakes added $l,423, 900 to their win
nings today when Commander III,
Mans Pal and Finalist finished IN
that order in the Cambridgeshire race
at Newmarket.
Today's winners, added to previous
(see CAMBRIDGEsHIRE, Page ~
Evening star., 1935-10-30
Woman Is Reunited
To Barber Husband
By Child's Haircut
BY the Associated Press.

READING, Pa. October 30
Mrs. Lloyd L. Dickinson. 80,
taking her 8-year-old son into a
barber shop to have his hair cut.
found the man with the scissors
was the husband she hadn't seen
since their divorce in Philadel-
phia several years ago.
They talked it over between
SHIPS. then he dropped business
and both left with their son to
get another marriage license.
Its not a chance" Dickinson
said. This time it's a sure
thing"
Evening star., 1935-10-30
Government Printing Office
Joins Star Safety Campaign
Pledges Are Being Distributed to 5000
Employes-Truck Drivers Handle
1OO,OOO,OOO Pounds Each Year.


Printing because the
of
approval of Public Printer Augustus
Evening star., 1935-10-30
BAR RULING ASKED
.0NL|BERTYLEAGUE
NEW DEAL REPORT
President Says Committee
Requested to Pass On
Propriety.
BULLETIN.


NEW YORK, October 80 GPJ.-
William L. Ransom, president Of
the American Bar Association, said
today that its Committee on Pro-
fessional Ethics and Grievances
had been asked to give an opinion
concerning the propriety of the
American Liberty Leagues Law
yers' Committee in publishing
opinions regarding the constitution
ality Of certain New Deal legisla-
ton
Ransom, commenting on reports
from Washington. denied, however,
that the Grievances Committee had
received any complaints asking
that the Liberty Leaguers be dis
ciplined.
In Washington, it was stated
that the Bar Association Commit
tee had asked the Liberty League
group for description of its pur-
poses and activities, preliminary
to a meeting Of the Bar Associa-
ton group November Is, 16 and II.
BY the Associated Press.
The American Liberty League dis.
claimed any knowledge today of pub.
llshed reports that members of it.
Lawyers Committee had been citet
to appear before the Complaints ane
Grievances Committee of the Ameri
can Bar Association for renderin,
unsolicited opinions on New Dea
legislation.
League officials said they had heare
nothing of the action and referred al
inquiries to r. E. Desvernine of New
York, chairman of the committed
which recently contended the Wagner
labor disputes act was unconstitu'
tional.
Members Of the committee includ,
some Of the Nations most prominent
lawyers, among them John w. Davis
former Democratic presidential can.
didate; James NJ Beck, former so.
licitor general. and Frank Hogan
Washington attorney.
Appointed June 9.
Formation of the committee wa!
announced by the league June Il
advise on the constitutionality of pro-
posed New Deal legislation and "con'
tribute its services in test cases in
volving fundamental constitutions
questions.
Lawyers conversant with the actiyi.
ties of the Bar Association said, how.
ever. there had been discussion re.
Gently among officers Of the associa.
(See LIBERTY LEAGUE, Page %
Evening star., 1935-10-30

(See HULL, Page D.
Evening star., 1935-10-30
WEATHER,

%. 8. Weather Bureau Forecast0
Partly cloudy, slightly colder tonight:
tomorrow fair, slowly rising temperature;
gentle northwest winds. Temperatures
Highest, 10, at $3.50 pm. yesterday; low
est. 81, at 7 am. today.
Full report on page Az.
Evening star., 1935-10-30
2 Children Missing in Fire.

(See OEHMANN, Page A.
Evening star., 1935-10-30

(See WAR, Page 3.
Evening star., 1935-09-18

Across.
l. Be in process of adjustment.
5. An elementary book
IL. Short-napped French).
IA. A hodgepodge.
IS. Attract.
Is. Letter of Greek alphabet.
IT. Compulsion to serve.
19. Tooth for transmitting motion.
20. Headlands.
II. The fifty-second asteroid.
%. Precludes.
rs. City in Prussia.
~. To be.
28. River in Poland.
80. Tedium.
S3. Blade of an ak.
"a. Disliking intensely.
81. Units of internal capacity for ships.
5S. A singing voice.
20. Australian waffle tree.
Il. The threshold.
q. Prophet.
<3. Cries of sheep.
Is. Knot.
46. Was mistaken.
48. Quaint.
90. Noteworthy occurrence.
81. East Indian xylophone
50. Moses.
81. Dust.
Sc. Examines closely.
So. Coin of Denmark.
SO. In Successional turns.
81. A rubber tree
IS. Bewailed audiDly.
66. Lake port in Pennsylvania.
81. Spoil.
Evening star., 1935-09-18
Message Floats for 25 Years.

After apparently floating for 25
years, a bottle containing a message
has been picked up by the trawler
Shandwick and delivered to a fishery
board official in Aberdeen, Scotland.
The glass messenger was covered with
seaweed and barnacles. The word
ings on the paper inside read: "Drifter
M. e. $40 Vine, August S, 1910 Lati-
tude N. 56.40, longitude E. 2.43. ALI
we'll" The bottle was found a short
distance from the Scottish coast.
Evening star., 1935-09-18

letter from spell the word
IetteredOu"
when a does it.
Evening star., 1935-09-18

68. Treats maliciously.
SO. Engrossed.
Down.
/. A Hawaiian food.
2. Hard, tough wood.
3. Blast, as by frost.
4. Woman who sewed for poor.
5. Coarse files.
6. II not.
7. Charity.
8. Owing.
9. Sea eagles.
10. Having apex rounded, as leaf.
IL. On the summit.
l3. Ancient romantic tale.
18. The land.
%. Tears.
%. To lower.
"a. One who expels from home.
Is. A climbing plant.
26. A. group of nine.
%. Shoot at base of parent plant.
20. Exposed for public notice.
81. Remove inside covering.
80. Small islands.
IS. The woof.
36. Obtain.
80. Mountain nymph.
A. An herb.
Al. Imagines.
so. Huger.
So. Lowest deck of vessel.
So. Beach.
81. To stream.
SIS. Flat plinth.
56. Caused to 60.
81. Algonquin Indian.
so. japanese porgy.
81. Signal stage of history.
81. Part of the mouth.
SO. Still.
Evening star., 1935-02-13
AUTOMATIC ENTRY
POLICY IS SOUGHT.
Would Relieve Mcleod and
Many Other Stars of Try
ing Sectional Trial.
BY w. r. McCALLUM.

NO4x1Gft StSp GOhuA0 AAoSA "a
~ izing the national golf cham
~ pionships is on the verge OF
being announced from head
quarters OF the United States Golf
Association.
It will be the declaration of auto
matte eligibility for the open cham
pionship Of all former champions,
according to word coming from New
York, and probably will be announced
prior to the next tourney, scheduled
for the Oakmont Country Club, near
Pittsburgh, on June 6, and 8.
Under this lberalized ruling of the
u. S. G. A. a veteran Washington pro,
and the only pro in this area who
has won the national, will auto
matically become eligible to play for
the crown he won 81 years ago.
This man is Fred Mcleod, the North
Berwick Scot attached to the Colum-
bia Country Club.
Freddie has qualified at interval,
for the national and has played in
many of the big tournaments, but y
he is automatically eligible to play il
the forthcoming tourney in June &
will give this sector another entral.t
and will go long way toward reliev-
ing Freddie's mind of the heebie-
jeebies Of qualification. :
Evening star., 1935-02-13
ERNIE RATED REAL
FOE FOR zAHARIAS
Young Dusek's Ability to Take
It" Gives Him Chance in Rassle
Show Tomorrow.

IF THE ability to take it, means
anything, Ernie Dusek, stormiest
Of four wrestling Duseks, may
emerge the victor when he ties up in
two-out-of- -three-fan wrestling war
fare with George Zaharias at the
Washington Auditorium tomorrow
night
Such is the slant of Promoter Joe
Turner. long an admirer Of the
younger Dusek.
Il know George is a tough wrestler
and one of the most Furnishing in the
game, but that won't bother Ernie" Z"
Turner confidently asserts. That fel-
low Ernie) can mop up more punish
ment than anybody I ever saw and
then, in some way ! can't explain,
come back still strong.
II don't say that Zaharias isn't
stronger and hasn't good chance of
eventually wearing Ernie down. But
I do maintain that anything can hap
pen when Ernie Dusek has one of his
good nights"
Another Dusekian brawl is cast in
the semi-f1nal which finds Emil Dusek
matched with Ed Meske. Emil, it is
claimed, possesses every characteristic
Of mis- more celebrated brothers and is
Just as good a card In some points.
Opening shorts book Sander Szabo
against Willie Davis and Eli Fischer
against Frank Brunowicz.