davidaulloa/AmericanStories huggingface dataset:
Evening star., 1940-04-03
Suburbanites Can't File
Bankruptcy Pleas Here

Residents of the Washington sub
urban area who are employed in
the Capital will have to file their
bankruptcy petitions henceforth in
the Federal District Court for the
place IN which their homes are To-
Gated, District Court held today.
Justice Daniel w. O'Donoghue
sustained a motion to dismiss a
bankruptcy petition of a Montgom-
cry County (Md) resident, who
works in Washington. Fred j. Eden,
referee in bankruptcy for District
Court, certified to the court the
question Of whether ones place of
business" is broad enough to in
clude his place of employment. !"
Justice ODonoghue held it was not.
The bankruptcy petition was filed
by Ambrose J. Higgins, a resident
of Silver Spring, Md, but an en-
ploye of the Western Electric Co., in
the District. Mr.. Higgins contended
the majority of the creditors were
Washingtonians.
However, one Maryland creditor,
the State Loan Co. of Silver Spring,
filed a motion to dismiss the petition
on the ground that this court lacked
jurisdiction because Mr.. Higgins was
a resident of Maryland. The COM
pany was represented by Attorneys
Edwin R. Boyd and Camden r. Nc
Atee.
Evening star., 1940-04-03
Association Backs Bill
To Deport Aliens

Approval of Representative Ran
dolph's bill for the deportation of
aliens was voiced in a motion made
last night at the North Cleveland
Park Citizens Association. Under
the bill aliens would be required to
declare their intentions of becom-
ing citizens within one year of en-
try into this country. John B.
Dickman, jr., president of the as
sociatlon, asked the Endorsement.
John B. Dickman and w. T.
Wilkinson were appointed to draft
a resolution to the District Com
missioners asking that more dill
gence by the inspectors depart
ment in the approving of rooming
houses and that the elimination of
existing fire traps be also pressed.
MI. Dlckman. ST., was also ap-
pointed to communicate with Lewis
Il. Barrett, director of recrea ton.
IN an effort to acquire equipment
for the playground at the Phoebe
hearst School, Thirty-seventh and
quebec streets NV.
Inc appointment OF John Russell
Young as Commissioner was lauded
by the group.
The problem caused by rats in
testing the ravine between Thirty
eighth street. Reno road, Albemarle
street and Alton place NV. was
cited.
The meeting was held at 1929
Window place NV.
Evening star., 1940-04-03
Duffodils Are Cooked
Into Bloom for Dinner

The Botanical Society of Wash
ington held dinner last night at
the Hotel Mayf1ower amid a display
OF Is dozen daffodils ,coaxed into
bloom for the affair.
A former president Of the society,
DR.. NJ B. Waite, who had volun-
teered to supply the flowers, was dis
couraged Monday when he viewed
the buds on his farm near Washing
ton. He cut the flowers, placed the
stems in warm water and kept them
in warm room that night, and by
last evening they were in bloom.
Slides on the Fiji Islands were
shown by DR.. Harold st. John, pro-
fessor of botany at the University Of
Hawaii and visiting professor at
Yale. The president Of the society,
DR.. M. G. Merrill, chief of publica-
tions, Agriculture Department, pre-
sided.
Evening star., 1940-04-03
Bust Of Pope Unveiled
At Catholic u. Library

A marble bust of Pope Plus XII
was unveiled yesterday in the Mullen
Library of Catholic University at
ceremonies held in connection with
the conservation of the Most Rev
Joseph M. Corrigan, rector of the
university, as titular Bishop OF
Bilta.
The bust is believed to be the first
Of the present Pope to be unveiled
at any Catholic institution.
The bust was presented to the
American hierarchy of the church
by Giuseppe Tommasi, brother of
Tommaso Tommasi, the sculptor.
and was received in behalf of the
university by Dennis Cardinal
Dougherty of Philadelphia.
Evening star., 1940-04-03
Congress in Brief
TODAY.

Senate:
Continues debate on reciprocal
trade program.
Banking Committee continues
hearings on investment trust bill.
Wire-tapping Investigation Com
mittee organizes.
House:
Debates War Department appro-
priation bill.
Dies Committee renews inquiry
into Communism.
Labor Committee considers Wag-
ner Act amendments.
Agriculture Committee hears Farm
Bureau officials on farm credit legis-
lation.
TOMORROW.
Senate:
Will debate on reciprocal trade
agreement bill, unless it passes to-
day.
Commerce Subcommittee (execu-
tive) considers merchant marine
bill, 1890 am.
House:
Continues debate on War De-
partment appropriation bill.
Flood Control Committee re-
sumes consideration Of floor-con-
troll program, 10 am.
Subcommittee of Ways and Means
Committee continues consideration
Of Patman chain store bill, 10 am.
Agriculture Committee continues
consideration Of farm credit bill, 10
am. -. *
Evening star., 1940-04-03
Pay Fixing Provision
OF 0fWage-HourLaw
Held Constitutional
Appeals Court Refuses
To Set Aside 32Lz-Cent
Textile Minimum
BY the Associated Press.

By the Associated Press.
NEW ORLEANS, April 3.-The
setting of minimum hourly wages
under the Fair Labor Standards Act
of 1898 passed the constitutional
test here yesterday before the
United States Fifth Circuit Court
of Appeals.
The appellate court held in the
case of the Opp Cotton Mills, Inc,
of Opp, Ala, that the wage fixing
provision was constitutional and
denied a petition Of Opp Mills and
others to set aside an order of the
Wage-hour division administrator
fixing minimum wage of 321a cents
an hour in the textile industry.
The court ruled that the Wage
Hour Act constituted a valid ex-
ercise Of power delegated to Con-
gress under the commerce clause of
the Federal Constitution and denied
petitioners claims that it violated
the due process clause of the Con-
stitution.
Wage Differential Sought.
The Opp Mills were joined as in
tervenors by 13 other cotton mills
located in Alabama. Mississippi,
Louisiana and Texas. which attacked
the act as misuse of power by the
wage-hour division and sought a
wage diferential for the South.
The Southern mills were contest
ing an order of the administrator
fixing the minimum wage at 32la
cents an hour, effective October
"a, 1899, for the entire textile in
dustry, including silk, rayon. fax
and jute textile manufacture in
interstate commerce. An estimat-
ed 5000 workers were affected.
..'Meager Living" Provided.
The opinion pointed out that the
Industries Committee for the tex
tile industry, had conducted ex-
haustive hearings on the wage sug-
gested and found that the commit
tee proceeded in accordance with the
law"
Whatever discrimination may be
pointed out in the conflicting evi-
dence. labor should not be called
upon to equalize this discrimination
by bearing all the load" the court
stated.
THE minimum wage fixed by the
order of the administrator provides
weekly earning of approximately
$13. When one takes into consid-
Grafton living expenses scaled down
to the necessities of life it can read
lily be seen that the minimum fixed
by the administrator wage order
proveds, at most, a meager living"
Evening star., 1940-04-03
Peley Will Learn Fate
AT Hearing Today

Whether William D. Pelley. Silver
Shirt leader. shall be released or re-
turned to North Carolina for sem
tence on conviction five years age
OF making false representations in
connection with the sale of securi-
ties was the problem confronting
Justice Daniel w. ODonoghue In
District Court today.
The much-publicized Mr.. Pellev
was slated to appear in court at / go
o'clock today to learn his fate. as the
outgrowth of habeas corpus pro-
ceeding. A writ of habeas corpus
was made returnable this afternoon
before Justice O'Donoghue. The
]urlst may grant the writ, insuring
Mr.. Pelley's release, or cancel it, sig
nlfying that he must return to
North Carolina.
Under an extradition hearing re-
Gently before Chief Justice Alfred A.
Wheat Mr.. Pelley was ordered to re-
turn to North. Carolina. His coun-
sci, T. Edward O'Connell, applied to
Justice F. Dickinson Let's in Dis
trict Court for habeas corpus and
the jurist issued the writ. Justice
Let's has since moved to Criminal
Court No. 2, replacing Justice
O'Donoghue, who is now sitting in
Motions Court, where today's hear
ing was scheduled
Representing the Government is
Assistant United States Attorney
John c. Conliff, jr., who explained
that today's hearing centered on the
question whether Mr.. Pelley is the
man named in the papers from
North Carolina; if he is substan-
TALLY charged with crime in that
State, and If he is fugitive from
North Carolina.
Evening star., 1940-04-03
First Munroe Memorial
Lecture Toniqht

DR.. E. A. Hauser of Massachusetts
Institute Of Technology will deliver
the first annual Charles Edward
Munroe Memorial lecture at George
Washington University tonight at 8
O'Clock in Corcoran Hall. He will
speak on recent advances in the
colloid chemistry of clay minerals.
The lecture is under the auspices
OF Alpha Chi Sigma Chemical Fra
ternity, whose George Washington
University chapter has established
the lecture in memory of the late
professor Of chemistry and dean Of
the school Of graduate studies Of the
university from 1892 to 1919.
Evening star., 1940-04-03
Stark Is Flying Here
10 See President
By the Associated press

os liIS E1SSOl4dLeu tTeSS.
JEFFERSON CITY, Mo. April 3.
Gov. Lloyd c. Stark left by air
plane for Washington today to con-
fer with President Roosevelt on Mis-
souri's w. P. A. and relief situation
and some other State matters I'll
talk about when l get back"
Gov Stark will seek special con-
sideration, because of the relief Sit
uatlon.' from Federal officials in
their plan to cut w. P. A. rolls to
between 10000 and $4,000 by July.
TIE outcome of his conferences
might have some bearing on his plan
to call a special session of the Iegis-
lature to deal with the approaching
relief crisis, he added.
Gov. Stark said he probably would
call at the Federal Security Admin
istration~ and the War Department
and see Secretary of Agriculture
Wallace.
Evening star., 1940-04-03
Woman Injured in Crash
OF Auto and Truck

Miss Anna Althouse, %, of Gran
vile, Ohio, was injured last night
when an automobile in which she
was passenger and a truck collided
at Rhode Island avenue and Sixth
street NV.
Police said the driver was Kath-
crime H. Bline, Is, of Granville. She
escaped injury. The truck driver,
James Brooks, 80, colored, of Phil
adelphia, was held on technical
charge of reckless driving.
Miss Althouse was admitted to
Casualty Hospital with multiple
face cuts. knee injuries and brain
conclusion. Her condition was de-
scribed as good today.
Struck by bicycle at Twelfth and
w streets N. w., Nevada Hunt, 10,
colored, 2210 Twelfth place NV,
was taken to Children's Hospital
with severe head injuries. Doctors
said she possibly suffered a skull
fracture. The bicycle was operated
by Robert Young, IS, colored, 2257
Twelfth street NV.
Evening star., 1940-04-03
Edward A. Smith, Jockeys
Father, Dies al Bowie

Edward A. Smith, Sc, of 3O9 K
street NE, retired fireman and race
horse owner and father of Jockey
Eddie Smith, dropped dead at the
Bowie race track a few minutes be-
fore his son was to ride in the sixth
race yesterday.
Mr.. Smith, who formerly owned
and trained a string of race horses,
was standing along the backstretch
of the Prince Georges County racing
oval when he was seized with a
heart attack and died, police said.
His son was to have ridden
Clymene in the sixth race. When the
jockey received word of his fathers
death he withdrew and Lucas Dupps
rode in his place.
Mr.. Smith. who retired from the
District of Columbia Fire Depart
ment several years ago when his
health began to fail, is survived by
two other children, a son, John j..
and a daughter, Ernadine, and his
wife, Mrs. Elizabeth Smith.
Evening star., 1940-04-03
Farmers Disturbed
By designations in
Credit Agency
Farm Bureau Head
Urges Independent
Status for F. c. A.
By the Associated Press.

By the Associated Press.
Edward A. O'Neal, president of the
American Farm Bureau Federation,
told Senate Banking Subcommit.
tee yesterday that recent resigna.
tions of top-ranking officials of the
Farm Credit Administration had
greatly disturbed" farmers through
out the country.
Testifying in favor of legislation
to return the F. c. A. to its former
status as an independent agency,
Mr.. O'Neal said that farmers had
built up local cooperative credit
organizations over the years and the
series of designations had raised
doubts in their minds.
The designations referred to oc-
CURED after President Roosevelt
transferred the F. c. A. to the De-
partment of Agriculture in a re-
organization order.
Mr.. O'Neal, a Democrat and sup
porter of much New Deal farm legis-
lation, said the possibility Of a Re-
publican victory in the national
elections this year was an argument
for divorcing the F. C. A. from the
Department of Agriculture. Re-
ferring to Secretary Wallace, he
said:
"Henry's probably the greatest
Secretary Of Agriculture in history,
but he's human. He's got too much
to do"
Byrnes Sees No Danger.
Senator Byrnes, Democrat, of
South Carolina, who presided at the
hearing, said he had sponsored both
the reorganization law and the act
setting up the Farm Credit Admin
istration as an independent agency,
but that he saw no danger in the
transfer.
Other legislation affecting the
Farm Credit Administrator was
criticized on the House side of the
Capitol.
L. J. Taber, master of the Ma
tional Grange, told the House Agri-
culture Committee he was terrified
by some provisions of a measure by
Representative Jones, Democrat, Of
Texas, to reorganize the agency.
The legislation would make the
Federal Land Banks fully-owned
Government corporations and would
provide for Treasury guarantee Of
land bank bonds. All stock, now
partially held by farm loan associa-
tions and their members, would be
retired.
Would Permit Scaling Down.
The bill also would permit the
scaling down of land bank loans
and would eliminate the personal
responsibility of borrowers by per-
mlttlng them to discharge their
loans by deciding over the property
involved 10 the land bank.
Mr.. Taber said he was alarmed"
by the bill because
1T will increase the danger of
Capitalization of authority and bu-
reaucratic control.
1T will destroy local interest and
local participation in farm loan af-
fairs.
BY one legislative step it destroys
% years of work and investment of
sl30 900 900 of farmers in their own
system"
Evening star., 1940-04-03
F. &C. Chief Goes
On Air 10 Defend
Te|evision Ru|ino
Permit for Programs
Held Up to Protect
Public, Says Fly
By WILLIAM ]. WHEATLEY.

Chairman James Lawrence Fly
of the Federal Communications
Commission has taken his fight
against the television receiving set
merchandising practices Of the Ra-
dio Corp. OF America directly to the
country. He defended last night
the action of the majority of the
commission In suspending the rule
permitting limited programming OF
television beginning September |, in
an address on national networks of
two broadcasting chains. Beginning
Monday the commission will start
public hearings on its action.
Asserting the commission does not
desire regulatory power over sale OF
receivers or advertising, Mr.. Fly
said any action taken under the
commission S duty to license expert
mental operations and to encourage
advances In the radio must be taken
in the light Of facts.
There is at present in the in
dustry," he said, "a very wholesome
state of competition between rival
manufacturers to develop their
transmitting apparatus to a point
where the quality of reception OF
their telecast pictures will be SUPER
ior to those of any other manufac-
turer. tt was the commission's con-
sldered judgment. and in this judg-
ment I might say there has been
universal concurrence of the en-.
gineering profession, that no one
manufacturer of transmitting equip
ment has yet perfected his ap-
paratus to a point where it should
be accepted as the standard for
universal application. On the con-
trary, no voice has dissented from
the proposition that further research
and experimentation is needed
He explained that teleyision
broadcasting was different from
sound. In the case of television, he
declared. a receiving set is so SYM
chronized with the transmltter that
the two are inseparable in opera
ton. He said if the American peo-
pie should buy television receivers in
large numbers and if at a later date
alternative or improved transmits
sion standards are adopted, it would
be, in effect, changing the locks
ann lea ing the set owners with a
bunch of highly expensive keys rem
oered utterly useless.
Evening star., 1940-04-03
D. c. Man Is Held
In Companions S Death
Special Djspatch to The Star

Special Dispatch to The Star
MART1NSBURG w. Va, April
"a man who identified himself
as Alfred T. Davis OF the 1000 block
of G street Sc, Washington, was
being held here today pending an
investigation in the death of another
Washingtonian, Charles E. Wrenn
of the first block of Newton street
NV, whose body was found along
the right of way of the B. & o.
Railroad near Gaithersburg, Nd,
early yesterday.
Davis told police his companion,
with whom he had jumped aboard
a train in Washington, leaped oil
near Gaithersburg. Police indicated
Davis will be returned to Montgom-
cry County, Md, as a material wit
ness in Wrenn's death.
Evening star., 1940-04-03

=, The disturban nee that was over Western
Nebraska Tuesday morning is advancing
slowly northeastward over Southwestern
MINNESOTA Springneld, 1880 nillbars
f29:41 inchesl. with a trough extending
south and southwestward to Central Texas
FROM this center warm front extends
sast.southeastward TO Northern Virginia
pressure continues relatively low over Utah
Modena, 1902 millibars t29s3 inches
hleh-pressure area is moving eastward
over the North Atlantic States. Burlingtor
Vt. ,024.7 millibars t3O.26 inches).
Pressure is also hieh of the Middle At
lant1c coast. Delaware Breakwater, 1.Oc3 o
millibars t30.21 inches1 and over Florida.
Pressure is also high over Montana and
southern California. During the last "A
hours rains have occurred in Northern Cali
fornia end the upper Lake region showers
IN the Upper Mississippi and Missouri VAL
leys. and in the east and west Gulf States
and rains and SHOWS in the Northern Rocky
Mountain region and the Dakotas Tenn
nnratures have risen in the Ohio and the
Mississippi Valleys. the lake region and
IN the Middle Atlantic States while they
have fallen in the southern plains States,
New Mexico and the West Gulf States.
Evening star., 1940-04-03
Gen. Miles 10 Head
Military Intelligence;
Now Is in London
Sails for U. S. April 20
To Become Assistant
Chief of Stoff

The War Department announced
today that Brig. Gen. Sherman
Miles, a native of Washington,
would be named assistant chief
staff in charge of the Military In
telligence Division. Gen. Miles at
present is military attache at the
United States Embassy in London.
Gen. Miles is expected to sail
April 20 from Genoa. italy. He
will be succeeded at London by Col.
Raymond E. Lee. former military
attache at the post. Col. Lee is at
present on duty at headquarters
Of the lst Division, Fort Ben
ning- Ga
Gen Miles. son of the late 1t.
Gen. Nelson A. Miles, one time COM
mander OF the Armies of the United
States, was born September 5. 1882.
in Washington. He graduated in
1905 from West Point.
Was With Peace Commission.
Long experienced as an Army in
telhgence officer, Gen. Miles served
from 1912 to 1916 as military at
tache in Rumania, Bulgaria and
Russia.
During the World War he was
with the military intelligence divi-
sion of the 1st Army Corps and later
assistant chief of staff for military
intelligence of the 9Th Army Corps.
Following the Armistice he served
with the peace commission and re-
turned to this country in 1919 to
become chief of the military at
tache section in Washington.
Served in Turkey.
In 1922 he went to Turkey as mill
tary attache and served in this
capacity for three wears. Later he
was assistant chief of staff of op-
erations and training in the Ha-
waiian Department. In 1884 he
returned to Washington for duty
in the War Plans Division of the
War Department general staff.
Last year he was promoted to
brigadier general and sent to Lon
don as Military Attache. h addi-
ton he held the position of Military
Attache for Air to Great Britain.
Gen. Miles is a chevalier of the
French Legion of Honor.
Evening star., 1940-04-03
War Department
EmpIoye Finds Out
About the Parade

Geoffrey M. Thornett, sec
retary OF the District Board of
Commissioners, received a tele-
phone call today from a Federal
employe who explained he had
seen flags being attached to
lamp-posts on PENNSYLVANIA
avenue and wished to know if
some celebration was in pros
pect.
Yes" Mr.. Thornett replied,
we're putting up the flags for
Army Day on Saturday. Where
did you say you were en-
ployed?'
AT the War Department"
was the reply.
Evening star., 1940-04-03
High Court Hears
Arguments in Steel
Pay Controversy
Definition Of Locality
Issue in WoIsh-HeoIey
Litigation
BY the Associated Press.

! os t-le SHSOtlHteQ 1TeSS
The validity of Labor Depart
ment ruling fixing minimum wages
which seven steel companies must
pay their employees in order to OBJ
tain Government contracts came be-
fore the Supreme Court today for
argument
The litigation arose under the
1886 Walsh-Hea Act, which re-
quires companies contracting to sell
the Federal Government more than
$4,000 worth of supplies to pay
their employees the prevailing mini
mum wage for their locality
| Challenging wages fixed by the
Labor Department, the steel COM
panies contended that 13 States,
part of fourteenth and the Dis
trict of Columbia had been en-
braced within one locality" under
the order.
Locality" they said in brief,
plainly means local center of
MANUFACTURED community or sim
ilarly described small geographical
area surrounding the place of per-
formance of a Government con-
trac,."
U. S. Insists on Broad Definition.
The Justice Department con-
tended in reply that the definition
of locality must be sufficiently
broad in meaning to cope with the
evil Of industrial migration to low
wage areas and sweat shops"
Th" sLeei companies, located in
PENNSYLVANIA. Connecticut and
Mary land. won before the Federal
Court of Appeals for the District of
Columbia. 1t neld the wage deter
mination was without authority of
law anC enjoined its enforcement.
Arguments completed, the Apex
hosiery case, meanwhile, was under
consideration by the Supreme Court
with the prospect that a decision
would be forthcoming within
month on the important question
of the extent tc which labor unions
are subject to the Sherman Anti
Trust Act. which prohibits conspir-
acy to restrain interstate commerce.
Three hours of argument were
concluded late yesterday with an
assertion from Sylvan H. Hirsch,
attorney for the Apex Hosiery Co..
of Philadelphia, that Congress has
never immunized violence insofar
as it restrains interstate commerce"
Labor Exemption Claimed.
1sador Katz, counsel for a Phila-
delphia unit of the American Fed
Grafton of ull-Fashioned Hosiery
Workers, contended that a labor or
ganlzation never could violate the
Sherman Act.
"The Sherman Act does not apply
to labor unions" he asserted repeat
edly in response to questions from
members of the court.
This act was used by the Apex Co.
as the basis of damage suit against
the hosiery union as a result of a
seven-week Shutdown strike in 1887
The Federal District Court at
Philadelphia awarded the Apex Co.
a SILL .932 judgment, but the Federal
Circuit Court reversed it on the
ground that the purpose of the
labor organization was to unionize
the plant and not to restrain inter-
state commerce.
Evening star., 1940-04-03
Party and Dance to Aid
Georgetown Hospital

A card party and dance for the
benefit Of Georgetown University
Hospital will be given by the Ladies'
Board April 10 at the Willard Hotel
at 8 pm.
Proceeds will be used toward the
purchase of an additional incubator
for the maternity ward Of the hos
pital. Mrs. Henry I. Quinn Is presi-
dent Of the board.