davidaulloa/AmericanStories huggingface dataset:
Evening star., 1938-02-05
TECHNICAL FAULTS
TERMINATE TESTS
OF BUSINESS TAX
3-Judge Court Dismisses 2
Suits to Enjoin Collection
OF Assessment Here.
WRONG PROCEDURE
RULED IN BOTH CASES
Payment Should Have Been Made
Under Protest, With Litiga.
tion Following.

A judicial determination Of the con-
stitutionality Of the Districts business
privilege tax remained in the future
today, following decision late yester-
day by three-judge statutory court
dismissing on technical grounds two
suits to enjoin collection of the levy.
In both cases, the court held the
plaintiffs adopted the wrong pro-
cedure for testing the law, indicating
they should have paid the tax under
protest and then sued at law for its
recovery, instead of seeking injunc-
tions.
Declaratory judgments also sought
in both cases likewise were refused.
Reasons for Refusal.
I'VE think the adequacy of the plain
tiff's remedy at law, the procedural
difficulties involved in both suits as
to the right of plaintiffs to maintain
them as brought. and the elements of
public policy involved in matters
affecting taxation are sufficient reasons
for denying the prayers for declaratory
judgment" the court stated.
The opinion was rendered by Chief
Justice D. Lawrence Groner, of the
United States Court of Appeals, and
Chief Justice Alfred A. Wheat and
Associate Justice James M. Proctor
of the District Court. The jurists
heard arguments in the cases We'd
nesday.
The suits concerned in the decision
were brought by Max Shapiro, presi-
dent of the Wholesale Produce Dealers
Association of the District of Columbia.
and Fisher-Brown. Inc, and seven
other produce and meat dealers.
Second Suit on Tax.
Recourse from the decision of the
three-judge court can be had only
to the Supreme Court.
Inc decision marked the second
time constitutional questions concern
ing the tax have been avoided. Late
last year. Justice Jennings Bailey of.
District Court, dismissed suit brought
by Howard w. Berry, local advertising
man. on the ground that Mr.. Berry's
business did not involve commerce
between the States, as the plaintiff
had claimed.
The principal questions raised in
the arguments Wednesday were
whether the tax burdens interstate
commerce and whether 1t is discrim-
inatory
Special Assistant Corporation Coun-
sci 10 V. Morgan appeared before the
court to defend the validity of the
taxing statute.
Evening star., 1938-02-05
PRINTERS UNION HERE
VOTES BENEFIT FUND
Unemployed Members May Re-
ceive Payments of $15 to
$50 a Week,

Unemployed members of Columbia
typographical Union are now eligible
for special relief benefits from the
union treasury.
In special referendum the union
voted. 941 to 834, to establish bene-
fit fund. marking the first relief pro-
vision voted by the membership since
1882. The result was announced by
George Rooney, union secretary.
A special committee of three will be
named to administer the fund. which
is being started with $1,000, and to
pay out up to $40 week for married
and SIS for unmarried members who
are out of work. Those receiving re-
lief from other private sources or the
Government will be eligible for bene-
fits sufficient to raise their income to
the union benefit level.
Union officers estimated approxi-
mately a tenth of their membership
OF 5000 is unemployed.
Evening star., 1938-02-05
OBSERVERS DESCRIBE
ECLIPSE SHOOTING
Members Of Geographio-Naval Ex-
pedition in Pacific Give
Lecture

High lights of one of the most am
bilious and difficult observations of
the sun ever taken-the eclipse shoot
ing at Canton Island in mid-Paciflc
last sprlng-were described last night
IN Constitution Hall by four Washing
ton members of the National Geo.
graphic Society," United States NAVY
eclipse expedition of 1887.
A special feature was the first show
ing OF the only successful natural color
motion pictures ever. made of an
eclipse. The film was made by Charles
A. Bittinger, Washington artist and a
member of the expedition. Clearly re-
vealed was the mysterious corona or
halo of light around the sun, which is
visible only during total eclipse, and
the f1ame-like prominences.
Besides Mr.. Bittinger, other speak
ers were Capt. j. F. Hellweg, director
OF the Naval Observatory; the Rev.
Paul A. McNally of Georgetown UNI
versity. and DR.. Irvine c. Gardner of
the Bureau Of Standards.
In addition to making a 6-foot-
square painting of the phenomena, Mr..
Blttinger took many natural colored
picturtes of birds and crab life on
Canton Island
Evening star., 1938-02-05
U. S. EMPLOYEES TO HEAR
ADDRESS BY SECREST

Representative Secrest, Democrat
Of Ohio will speak on Congressional
Aid for the Low-Paid Government
Employe" before the United Govern
ment Employees Forum at 4 pm. to-
morrow in the Garnet Patterson High
School Auditorium, Tenth and u
streets NV.
On Lincoln's birthday anniversary,
February IL, Senator Logan, Demo-
crat, of Kentucky and Judge Almond
w. Scott Of the Municipal Court will
deliver addresses at exercises at q
pm. in the 1nterdepartmental Audi
torium
Edgar G. Brown. president of the
U. G. E.. and H. T. Hawthorne, head
of the Good Fellowship Recreational
Association of the Interior Depart
ment, will preside at the exercises.
Evening star., 1938-02-05
Penguins Haze Zoo attendants
Puzzled as to Which Laid Egg

A mated pair OF penguins at the Zoo
are so alike in their pride, happiness
and eagerness to share their domes-
tic duties that keepers are still guess
ing which one laid their egg.
The couple paired off several weeks
ago. When the solemn, erect and
dignified birds paraded about their
air-cooled cage the happy couple kept
siding off into a corner together.
Malcolm Davis. chief keeper of the
bird house, took the hint. He scat
tered straw in the cage and the couple
soon built a nest on the floor.
When the keepers came to work
Tuesday morning the nest contained
an egg, rare product of captive pen
gums. If it matches it will be the
Evening star., 1938-02-05

Conn, on "A Concept of Future Dental
Education" Both are Georgetown
alumni.
DR.. Philip Robin is chairman of the
scientific sessions and DR.. Maurice is
general chairman in charge of ar
rangements for the clinic Last night
the dental alumni entertained at a
dance at the Wardman Park Hotel.
The Rev. David v. McCauley, S. j.,
regent of the dental school, opened the
sessions with a convocation. This
afternoon the speakers will be the Rev.
Wilfrid j. Parsons, S. j., professor of
political science at Georgetown, who
will discuss "Today's Social Problem
and the Dentist" Other speakers will
be DR.. James G. Townsend of the
United States Public Health Service
and DR.. Wilson r. Couran of Hart
ford, Conn, also alumni.
DR.. James j. Greeves, president of
the local chapter of the Alumni As
sociation and the Very Rev. Arthur
A. O'Leary, S. j., president of the
university. will give greetings at the
dinner tonight at O'Clock. There
will be entertainment.
Evening star., 1938-02-05
SCHOOL CUSTOD|AL.
RIDER IS OPPOSED
Chi|Ium Heights Citizens Also
Seek Addition to Keene
Building.

Opposition to the rider affixed to
the 1889 District appropriation bill
transferring authority over the Gus
todlal service in school buildings from
the Board of Education to the Com
missioners was voiced last night at a
meeting Of the Chillum Heights Cit
liens Association.
A resolution, introduced by Joseph
j. Whelan. secretary. was unanimous
ly passed at one of the largest meet
ings the association has seen in re-
cent years. More than IS members
Jammed classroom at Keene School,
chiefly because of written appeal
sent to the membership by Mr..
Whelan
The group also discussed steps to
get the needed new wing for the
schoolhouse, included in the school
plans. but as yet not appropriated for
In the last six months there has been
an increase of Ill students, and
classes are packed to more than ca
pacity, o. N. Forrest, chairman of the
Schools Committee. reported.
DR.. Stewart M. Grayson, chairman
of the zoning Committee, reported the
Zoning Commission has not taken any
action on charges made by the asso-
citation that property at Third and
Oglethorpe streets NV. now zoned
residential, is being excavated in the
form of gravel pits.
Fred G. Orsinger, chairman of the
Entertainment Committee. and sew
eral other members presented q
humorous skit poking fun. at the
efforts of Cyrus T. Bright. vice presi-
dent, to obtain better bus service for
the Chillum Heights area The play
ers advocated buses use perfumed
gas and stop in the middle of the
block whenever Mr.. Bright requested
it. An escalator from Petworth to
Chillum and radios for the busses also
were urged in the skit.
Evening star., 1938-02-05
FIRE R0UTS LEGISLATOR
FROM HIS SHOWER BATH
insulation Burns on Air-Condi.
tioning Equipment in House
Office Building,

Fire that burned the insulation
from recently installed air-condi-
tioning equipment in the new House
Office Building yesterday filled the
lower corridors with smoke and forced
several Congressman and their secre-
taries to leave their Offices.
So dense was the smoke firemen
were forced to don gas masks before
they could locate the source of the
fire. Representative Fuller, Demo-
crat, of Arkansas fed from a bath
room. where he was taking shower
when the fire broke out, in q mailing
room next door.
Stacks of House stationery ant
agriculture records in the room vers
not damaged. Building officials SAN
the damage to the equipment w
negligible"
Evening star., 1938-02-05
BUTLER IMPROVED
Former Carolina Senator Ill at
Nearby Sanitarium.

The condition of Marion Butler, IS,
former Senator from North Carolina,
who has been seriously ill at Wash
ington Sanitarium, Takoma Park,
Md, since January 10, was reported
slightly improved today
Attending physicians said his con-
dition was not critical and that his
eventual recovery is expected The
nature of his illness has not been re-
vealed.
Mr.. Butler, who was North Caro-
iina's Populist Senator from 1895 to
1901, was prominently identified with
the politics of his State until the
Democrats came into power at TIE
turn of the century.
Former Senator Simmons defeated
him for reelection to the Senate in
1900.
Evening star., 1938-02-05

first in the history OF American ZOOS,
it was said.
The penguins. male and female,
share their domestic responsibilities
so exactly that keepers can't tell them
apart. They think. however, that the
male works the night shift over the
egg.
While one sets on the egg, the other
stands guard to fight off intruders,
occasionally leaving its stand beside
the nest to bring its mate a piece Of
fish.
When the penguin on guard duty
wants to shift posts, he Tor she, settles
down in the nest and slowly edges the
other out upon the floor.
1t was believed the Matching period
will be about 80 days. Meanwhile, Zoo
officials hope for the best.
Evening star., 1938-02-05

loading platform
at North Capitol
street and Mas
SachuSetts a We
nue..
Patrick Taylor.
1000 block of A
street NE. was
listed by police
as driver of the
automobile which
knocked a red
lantern from one
end of the load
ing platform be-
fore striking Mr..
Partin. Mr.. Tay-
lOr was held at
Evening star., 1938-02-05
$19,50O FOR DREDGES

An allotment Of $19,500 for mainte-
nance Of dredging equipment now be-
ing used by the Army Engineers in the
vicinity Of Washington was announced
today by Secretary of War Woodring.
Installation Of pumping machinery
In the dredge Talcott is planned as a
part OF the repair and upkeep Of the
dredging fleet.
Evening star., 1938-02-05
HONOR FOR SCIENTISTS
Drs. Scribner, Edwards and Mer.
rill to Be Given Dinner.

Three distinguished scientists-Dr.
F. Lamson Scribner, H. T. Edwards
and DR.. E. D. Merrill-who served in
the Philippine government during the
early days of the American regime,
will be honored at q testimonial din
ner tonight at 8 O'Clock at the Hamil-
ton Hotel. The dinner is under the
management of Gervasio Juan of the
Agriculture Department.
Among the principal speakers will
be Quintin Paredes, Philippine Resi-
dent Commissioner; Col. Joseph M.
Heller, secretary of the Military Or
der of the Carabao, and Manuel Roxas
and Jose Romero, members Of the
Philippine National Assembly. James
g. Wingo, Washington correspondent
Of the Philippine Free Press, will be
toestuastae. r.
Evening star., 1938-02-05
TO SPEAK ON CHINA

ARLINGTON. Va, Feb. Especially
Miss Roberta Ma, Phi. D., professor
Of bacteriology and plant physiology
at the College of Sun Yat-Sen, Canton,
China, will speak at the United Bap-
tist Church, on Lee highway near
Oakland street, tomorrow morning at
II o'clock. Miss Ma received part OF
her education In China and her Phi. D.
degree in tbs country.
Evening star., 1938-02-05
Free Plane Rides
Now Being Offered
For Wives in East

During the rest of February,
wives OF all man passengers buy
ing tickets on airplanes Of Ameri-
can Airlines operating between
Washington and New York and
Washington, Cincinnati, Indian
apolis, Chicago and intermediate
points will be given free rides
with their husbands, it has been
announced.
The free rides to wives" plan,
recently inaugurated ON the West
Coast, is intended to familiarize
tho families of business men with
the advantages of air travel.
Evening star., 1938-02-05
SCOUT SUNDAY

Observance Set for Tomorrow at
Immaculate Conception.
The annual observance of Scout
Sunday by Boy Scout troops under
Catholic supervision will be held at
S pm. tomorrow at the Church of the
Immaculate Conception, Eighth and
N streets NV.
The sermon will be delivered to IA
troops by the Rev. Thomas J. Crow
ley, assistant pastor of the Shrine
Of the Blessed Sacrament and local
area Scout chaplain. Following the
services an entertainment program will
be presented in the parish hall.
Evening star., 1938-02-05
RITES SET MONDAY
Capt. Edward Sykes Will Be
Buried in Arlinrton.

Funeral services for Capt. Edward
D. Sykes, 81, u. s. A., retired, who
died January 20 in San Diego, Calf.
will be held at 2 pm. Monday in the
Fort Myer Chapel. Chaplain Ora J.
Cohee will oficiate. Burial will be
In Arlington National Cemetery, with
full military honors.
Capt. Sykes, who had many friends
in this city, was on duty here in
the Office Of the Surgeon General
from June, 1920. to June. 1924, and
again from June, 1929. to May, 1893
He was retired on September 80. 1886
Evening star., 1938-02-05

About 500 den
fists, many from
nearby States, at
tended the OPEN
ing session, this
being the second
annual clinic for
alumni give n
under auspices of
the school. Lee
lures were given
by DR.. F.. w.
NaSn OF scranton,
Pa, on "A Look
Into Orthodontia
and by DR.. Will
liam A. Duffy of
New Have
Evening star., 1938-02-05
CLINIC IS OPENED
AT GEORGETOWN U,
500 Dentists Attend Session De-
voted to Discussion of Mod
ern Methods.

Modern trends in dentistry were to
be discussed by specialists at an all
day clinic that opened this morning
at the Georgetown University Dental
School
Evening star., 1938-02-05
ORDER RESCINDED
Judge Raedy's Ruling, Result of
Oversight, Affected Jerman & Co.


Oversight, Affected Jerman & Co.
Judge Ellen K. Raedy of Municipal
Court yesterday rescinded an order
which, through an oversight, had re-
suited In the suspension of the per-
nit and registration privileges of the
B. d. Jerman & Co: because of a judg-
ment pending against it.
The judgment, it was explained, had
been satisfied, but a clearance order
had not been filed with the Municipal
Court.
Judge Raedy informed the division
OF financial responsibility of the De-
partment Of Vehicles and Traffic,
which had announced the suspension
that the judgment was paid as of De-
cember 2.
Evening star., 1938-02-05
LIBRARY EMPL0YE
INJURED BY CAR
Knocked From Street Rail-
way Loading Platform
by Motorist.

Frank Partin. %, of 22l B street
NE. received severe head injuries
when struck by an automobile early
today and knocked from a street car
Evening star., 1938-02-05
BAND CONCERT.

By the Soldiers Home Band Or.
chestra at $50 pm. today in Stanley
Hall. John s. M. Zimmerman. band.
master; Anton Pointner, assistant.
Program. ~
March, Beau Ideal" -Solsa
Overture, 'nes Petite Rien"
(TrlfleS) MO1Art
Entr'acte.
(a) "Menuetto all Antico."
Karganof1
(b) Vanity" (Caprice) Jackson
Excerpts from musical comedy,
Stepping Stones" Kern
Popular numbers.
"Old Pals Are the Best Pals After
All -ROGe
"Operatique" ION themes from
"TannhauserD --- Katman
Waltz suite. "Pluie dor" (Shower
of Gold O------W -Wsldteufel
Finale, THE Trail to Sunset VAL
ley" Roberts
THE Star Spangled Banner"
Evening star., 1938-02-05

DIR. HARRY w. TYLER,
Consultant in science at the
Library of Congress and for
mer head of the mathematics
department at the MdsSdchu-
sets Institute OF Technology,
for 1Uhom funeral services are
being held this afternoon in
Bethlehem Chapel of the
Washington Cathedral. The
Right Req. Julius w. AtUOod,
retired Bishop of Arizona, is
officiating. DR.. Tyler, ,uho
1Uds II, died Thursday in
Emergency Hospital.
Milford chronicle. [volume] (Milford, Del.) 1878-1974, 1938-09-23
University Of Delaware.

University of Delaware.
Charles Murphy, a graduate of st
Andrews School at Middletown, will
begin his freshmen year at Yale.
Robert Smith, valedictorian in this
years graduating class, has entered
the University of Maryland where he
will take up dentistry. He is the son
of former City Councilman and Mrs.
r. B. Smith.
MIR. and Mrs. Frank O'Neal were
Wilmington visitors last week.
Mrs. Oscar T. Roberts has been
visiting relatives in Connecticut.
The Ladies Auxiliary who will
sponsor the annual firemen's supper
have selected their date for October
1S. Committees win soon be select
ed to canvass the city and rural sec
tiOns for aid toward the supper.
Mr.. and Mrs. Clarence Barlow en-
tertained Mrs. Lille Ryan OF Ches-
ter, Pa, over the weekend.
Mrs. Mildred Powell Of Baltimore
spent the weekend with relatives
here.
Team number one of the Harring-
ton New Century Club will sponsor
a card and bingo party on Friday
evening, September Both, at eight
o'clock, in the club room.
Milford chronicle. [volume] (Milford, Del.) 1878-1974, 1938-09-23
HARRINGTON

Willard Smith Wright, age II
years, only child of Mr.. and Mrs.
Willard L. Wright, died in the Mil
ford Memorial Hospital on Wednes-
day evening of a streptococcus in
lection which is said to have deVel-
Oped after having been injured
while playing soccer. After his con-
dition, became serious the young man
was rushed to the hospital. 1t was
thought that blood transfusions
might save his life and several of
his class mates offered aid but blood
tests were not comparative with the
patients. He lived but a week. He
attended the local public school and
was in the eighth grade, also at
tended the Methodist Protestant
Sunday school, seldom being absent
from the Young Americans" class
taught by Harry C. Tee. Funeral
services were held from the home
of his parents on Mispillion street,
Saturday afternoon at 2. The SER
vices were in charge of Rev. Gil
bert E. Turner, pastor of the NJ. P.
Church. Besides his parents he is
survived by his grandmother, Mrs. !
Maggie Smith, who resides with her
daughter Interment was made in
cemetery.
Kent Chapter No. IL Eastern Star
is making elaborate preparations to
the Worthy Grand MatrOn
of the Grand Chapter of Delaware.
who will be accompanied by her
staff of officers on their official visit
to the local chapter.
The Ladies' Aid Society of the NJ.
P. Church is making plans to serve
IN oyster and chicken salad supper
n the annex on Wednesday evening,
September 2S.
The annual Rally Day services
will be held in the Methodist Pro-
estant Church next Sunday.
Harry CULLEN and Miss Ruth
are among the students
their freshman year at the 1
Milford chronicle. [volume] (Milford, Del.) 1878-1974, 1938-09-23
FRANKFORT

Elwood Hancock has purchased
the building recently owned by AL
bert F. Murray, and is preparing to
soon reopen it and conduct an up-to-
date restaurant. 1t is located oppO-
site the depot.
Mrs. Eta Layfield Watson, of
Williamsport, Pa, is visiting at her
home in this town.
Mrs. William H. Beacon, of Will
mington, was a recent guest of Mrs.
Margaret Heath, at Bethany Beach,
at the Trimble cottage.
Mrs. ]. w. B. McNeal and her
niece, Mrs. G. Aldon Adkins, have
returned from an extended visit to
Portsmouth, Norfolk and Broadneck,
Va; Washington, d. c., and Philadel-
phia.
There will be special services this
morning at the Presbyterian
Work was started last week to give
the bitches in and around Frankfort
a good cleansing, The heavy rains
this week has temporarily stopped
the work.
Milford chronicle. [volume] (Milford, Del.) 1878-1974, 1938-09-23
LINCOLN

Mrs Bessie j. Cassie of Philadel-
phia, spent last week with Mr.. and
Mrs. John COverdale.
Mr.. and Mrs. Charles Passwaters
of BayOnne, n. j., spent the week
end with his brother and family, Mr..
and Mrs. Willie Passwaters.
Mr.. and Mrs. John Donovan had
as guests on Sunday Mr.. and Mrs.
William Rau, Mrs. David Hartnett
and Mr.. and Mrs. William Hufnell of
Philadelphia.
After spending two weeks with
relatives, Mrs. Howard Beideman re-
turned to her home at Yeadon, Pa,
on Sunday.
Due to the stormy day on Tuesday.
the w. C. T. U. was postponed until
Tuesday, Sept. 81.
Mr.. and Mrs. Charles Gere, Jr., are
receiving congratulations on the
birth of daughter, Monday. Septem-
Der II. The new miss has been
named Doris Luff. Both mother and
baby are doing fine.
The Ladies Aid Society will meet
at the home of Mrs. Joseph Messick
Tuesday night, Sept. 81. The enter
tainment committee is composed of
Mrs. Evelyn Morris, Mrs. Mae Shew
and Miss Eleanor Morris.
The Goodwin Glass of the NJ. E.
Church School, under the direction of
the teacher, Mrs. Mae Wyatt, held a
"doggie" roast at the Wyatt cottage,
Slaughter Beach, on Wednesday of
last week.
Mr.. and Mrs. John Donovan, Mrs.
ANNA B. Collins and Mrs. Jay Abb
bolt spent last Wednesday in Will
mington.
The first fall meeting of the Lin
dale Home Demonstration will be
held in the community hall on We'd
nesday at 1880 P. M. Mrs. James
wilkins and Mrs. Alton Beebe, prof.
ect leaders. will give talks on school
lunches. Mrs. Elmer Greenly will
have charge of the music period.
Mrs. A. B. Donovan, Mrs. Clifton
and Mrs. Joseph Morgan were dinner
guests of Mrs. w. H. Clendaniel and
Mrs. George Derrickson at their sum-
mer home at Slaughter Beach on
Thursday.
H. L. Holden and family of Phila-
delphia, visited relatives over the
weekend.
Services Sunday as follows:
Preaching at 10 A. NJ; Church
School at IL.
Epworth League at 1880 p. M;
Sermon at 8.
Slaughter Neck
Church School at P. NJ; preach
ing at 3.
Rev. s. L. Handy, pastor.
Milford chronicle. [volume] (Milford, Del.) 1878-1974, 1938-09-23
OVERLOOK

Mr.. and Mrs. John White, of Phil
| lipsville, Pa, have moved to the home
of their son, Mr.. and Mrs. Lew White
where he will make his future home.
Mr.. and Mrs. Ralph Steele, of Mil
ton, spent last Sunday with Mr.. and
Mrs. Thomas Mitchell.
Mr.. and Mrs. Elisha COnwell, of
Lewes, and Mr.. and Mrs. Arthur
Campbell attended the funeral of
James Mason in Milton on Sunday.
Mr.. and Mrs. John Legates spent
Sunday with the formers sister, Mr..
and Mrs Harvey McIlvaine of JEFF
Persons Cross Roads.
Mr. and Mrs. Elmer Babcock, of
near New York City. is spending the
week with the latters mother, Mrs.
Effie Parsons and family.
Mr.. and Mrs. James Lowe and chill
dren, of Philadelphia, spent the week
end at their country home here.
Miss Mary Robinson formerly of
Wilmington who has been spending
the summer with Mr.. and Mrs. Geo.
Sharp, has gone to Kenneth Square,
Pa, where she will spend the winter.
Mr. and Mrs. Russell Parsons spent
the weekend with friends in Will
mingtOn.
Rally day will be observed at
Whites Chapel, Sunday, October End.
Miss Elsie Hitch and Miss Dorothy
Hitch. of Milton. spent the weekend
with their father, John Hitch.
Mr. and Mrs. Frank Reed and son.
called on Mr.. and Mrs. Coral David |
son.
Sunday School next Sunday morn
ing at ten o'clock. followed by class
meeting at eleven by the leader.
Capt Fred Johnson spent last Sum /
day with John and Theodore Rich
ards and family.