davidaulloa/AmericanStories huggingface dataset:
Evening star., 1940-07-13
U. 5. 10 Appeal Case
To Test Negligent
Homicide Statute
Review to Be Sought Of
Quoshine Of information
In Traffic FotoIity

The Government soon will ask
the Court Of Appeals for a writ of
error to review Police Court
judges granting of a motion to
quash an information charging neg
ligent homicide. 1t will be a test
case to determine the validity of the
negligent homicide statute.
Intention to file, Within 10 days,
was announced yesterday by AS
sistant United States Attorney Da-
vid A. Hart after Judge Walter j.
Casey, in a memorandum opinion,
granted a motion to quash a
Government information charging
Rufus r. Henderson, 80, colored,
with negligent homicide in the traf-
flc death June 10 of John j. Stahl,
63, of 1910 Biltmore street NV.
The motion to quash, filed June
"a by Defense Attorney Earl H.
Davis, attacked the constitution
ality of the statute and the suffi-
cheney of the particular information
filed in the case in conformity with
the 1885 act.
In attacking the constitutionality
of the statute. Attorney Davis con-
tended that this alleged 'offense' is
void for uncertainty. vagueness and
ambiguity" He added that the
language of the information charg-
ing his client was indefinite. and
uncertain and amounts to mere con-
clusions Of law. not facts"
The Henderson case is the first
of its kind to be sent to the Court
Of Appeals and because of numerous
attacks by defense counsel in pre-
vious cases on the statutes consti-
tutionality, Police Court judges and
attorneys are hoping for an early
review and ruling when the appel
late tribunal reconvenes in october.
The statute has been criticized
because of its broad wording and
the charge of "vagueness" has often
been made. Judge Casey has on
previous occasions remarked that he
thought it advisable to have a COM
mittee study and revise the statutes
wording.
The defendant, who lives at 2316
Champlain street NV, was held
by the coroner for Police Court
action under the negligent homi-
eide charge upon the death Of
Mr.. Stahl, who was struck by a
motorcycle operated by Mr.. Hen
derson as he was crossing Columbia
road at the intersection of Eight
eenth street NV. on June 13. The
defendant, police said. was operat-
ing the motorcycle on an expired
permit.
Evening star., 1940-07-13
Six Aliens on Payroll
Of District Dismissed

Six aliens on the District Govern
ment payroll have been dismissed
in accordance with q provision of
the District Supply Bill prohibiting
the payment of any part of the
appropriations in salaries to Dis
trict employees who are not citizens
OF the United States, it was learned
yesterday.
A special committee of District
officials said it had found two aliens
employed in the school system, one
of Municipal Court, one in the
Water Department and two among
the per diem workers on District
construction projects.
The six would be eligible to seek
unemployment with the municipal
government at the beginning of the
next fiscal year, If the same provi-
sion Is included in the next supply
bill, provided they have become
citizens or have applied for citizen
ship papers.
Evening star., 1940-07-13
Robert F. Crump, 81,
Dies Suddenly in Boston

Robert F. Crump, 81, a native Of
Washington who made his home
here until year and half ago,
died suddenly yesterday Of heart
attack in Boston, relatives here were
informed, He was an automobile
salesman.
Mr.. Crump leaves his wife, Mrs:
Bertha Crump; a daughter, Gilmore,
8, and four brothers, Harry, Charles,
Samuel and Lewis Crump, all of
this city.
He served in the Navy during the
World War and was a member of
Fort Stevens Post, 80, American
Legion. He will be buried in Ar
lingtou National Cemetery.
Evening star., 1940-07-13
Present Work Week
Ample for Defense,
Fleming Believes
'Armchoir Generals
Not Employers, Said
To Favor Lenethenine

Most of the agitation for length
ening the work week to speed up
the national defense program comes
from armchair generals" and not
from actual employers in the pri-
mary defense industries, Col Philip
B. Fleming. wage-hour administra-
tor, said in q radio address last
night.
His broadcast, in the form of an
interview with an announcer who
asked him questions about the ef-
feet of wage-hour standards on the
defense program, followed disclosure
by President Roosevelt that Col.
Fleming had advised there is no
present need for relaxing current
regulations.
Emphasis on Training.
The wage-hour administrator
called for emphasis on the training
of new workers rather than the ex-
tension of working hours, pointing
to previous experience demonstrate
ing that efficiency of workers is de-
creased by excessively long hours.
He pointed out that while the law
fixes the standard work week now
at AZ hours, it permits as much more
work as necessary provided the
worker is compensated at the rate
of time and one-half for overtime.
"The law is fair" Col. Fleming
said, because if upon labor is laid
the burden of long hours, corre-
spending burden is laid upon the
employer who must pay for that
overtime"
French Reports Denied.
He denied reports that a 40-hour
work week was disastrous for
France, declaring that deficiencies
in French armament indicate q
mistake in judgment rather than
any shortage of productive ca
pacity."
He pointed out that the wage
hour law here Is flexible while the
French law was made more rigid,
although the French limitations were
gradually abandoned after Ger
manys march into Austria in the
spring of 1888 so that following
the Munich agreement the work.
week in French defense industries
had been heightened to 60 hours.
German industry was on a a.
hour week until 1889 when the 10
hour day, 60-hour week was intro
duced there, Col. Fleming added.
Evening star., 1940-07-13

they needed more than food
sleep.
Thumbs up," in word and gesture,
was the stock reply to inquiries at
the depots. Prof. Tiller said, al
though the Tommies admitted 1t
was almost thumbs down."
The photographer landed In Mont
real last Sunday after crossing the
Atlantic on the Samaria, departure
Of which, he said, preceded by only
few hours that of the Arandora
Star, sent to the bottom by a
torpedo.
AS is his custom each two years,
the brisk, 40-year -old professor gave
instruction in new aerial mapping
equipment at Cambridge. This
method, perfected in Britain, has
proved superior to the German,
long considered finest, he asserted.
Have the British armed services
been using it extensively?
Prof. Tiller found himself obliged
to dodge this question as a matter
of policy"
The professor confided he is some
what worried about his present
financial situation.
"One can only take 10 pounds
out of England now" he explained,
land I don't know whether or not
I'll be able to make it,
Prof. Tiller has made plans to
inspect maps in Chicago, Toronto
and several other cities before en-
barking for Australia on the West
Coast. Transportation arrange
ments are made, but expenses on
the way are worrying him. Cast,
money in his pockets totals about
$50.
Evening star., 1940-07-13
Pollution Control Research
Will Be Launched Here

An 18-man research commission
to work for control or prevention
of pollution in the Potomac River
will be created under a congress
sional resolution signed by Presi-
dent Roosevelt yesterday.
The measure establishes the Poto-
mac Valley Conservancy District,
including Maryland, Virginia, the
District of Columbia, Pennsylvania
and West Virginia. Three members
from each State and the District
and three to be appointed by the
President will form the commission.
The agreement establishing the
conservancy district has already
been ratified by Maryland, Virginia
and the District and the other States
are expected to take like action
when their State Legislatures next
meet.
The commissions duties will be
to work with health departments
and recommend legislation looking
toward preventing further pollution
OF the Potomac. A tentative budget
of $4,000, to be divided among the
States and the District, has been
adopted.
Evening star., 1940-07-13
Willis Sharpe Ki|mer,
Race Horse Breeder,
Dies Of Pneumonia
Medicine Manufacturer
Owned Exterminutor
And Sun Beou
BY the Associated Press.

BY the Associated Press.
BINGHAMTON, N. Y, July 13.-
Willis Sharpe Kilmer, II, one of
the Nations leading breeders Of
thoroughbred race horses, died last
night at his summer home at nearby
Sky Lake. a.s ..s
Owner Of three Of Americas best
loved Observation-Disclosures, Sun
Briar and Sun Beau-Mr. Kilmer
also was publisher of the Bingham
ton Press and a manufacturer of
medicinal supplies.
In i'll health for the past year,
the horseman, whose Court Manor
stud in Virginia has sent some of
Americas greatest horses to the
races, died of pneumonia. His wife,
the former Sarah Jane Wells, whom
he married in Paris, was at his
bedside.
An early lover of sports, Mr.. Kim
er turned to horse racing early
in his career and in 1918 his Ex-
terminator--beloved "Ole' Bones" to
many turf fans-won the Kentucky
Derby. The horse went on to be-
come one of the best known in the
country.
The next Kilmer great" was Sun
Briar. a champion runner and a
sire still standing in his owners
Court Manor stud. Sun Briar has
sent many famous offspring to the
races, the best known of his get
being Sun Beau, winner of $376, TIA.
Sun Beau held the American
record for the amount of money won
on the race track until Seabiscuit
came along to take the title from
him last March.
Evening star., 1940-07-13
Gravel Strike
Ends as u. 5.
e.
Yields on Hours
$50 Smoot Workers
Return to Duty ond
Building Resumes

Two hundred and fifty Sn:oot
Sand & Gravel Corp. employees went
back to work today following set
tlement Of a five-day strike, which
had halted materials and stalled
all major construction projects in
Washington, throwing more than
$500 men out of work.
: Major factor in breaking the i'm
passe, conciliators agreed, was a
concession by Col. Philip B. Flem-
. ing. administrator of the Wage and
Hour Division, that 60 operators Of
dredges and other floating equip
. ment should be classified as sea-
men.
q, The decision meant that the men
were exempt from the Fair Labor
Standards Acts 42-hour-a- re-
striction and, in effect, reversed the
Wage and Hour Divisions previous
contention that none of them were
. seamen and that all working more
q, than AZ hours a week must be paid
for overtime.
Wages to Be Increased.
r. All employees involved will receive
10 per cent wage increase and be
paid for the time lost during the
strike, 1t was announced after a
final conference of company and
union representatives late yester-
day. This conference and earlier
meetings designed to end the strike
were arranged by Labor Depart
ment Conciliators Howard T. COL
: win and John j. Conner.
The walkout, union representa-
tives said, was caused by the "arbi-
trary attitude" of the Wage and
Hour Division and not by disagree
ment with employer. The union
protested reduction of its work week,
with proportionate reduction in pay,
which the Smoot corporation had
arranged to comply with the labor
standards law.
Inquiry Will Go Ahead.
The Justice Department, which
announced it would investigate
charges made by Federal Works Ad-
ministrator John Carmody that the
Smoot corporation has "a practical
monopoly" over sand and gravel
needed for vital national defense
projects, said its plans to present the
matter to grand jury would pro-
ceed despite settlement of the strike.
A spokesman for w. E. Reynolds,
public building commissioner, said
today the contractors for the Social
Security and Railroad Retirement
buildings were still hoping, but
not sure" that the buildings could
be completed for occupancy by the
War Department as scheduled on
September /.
All work was resumed today. in
cluding concrete work on buildings
effected by the strike. To speed
up construction work on the Social
Security and Railroad buildings the
concrete work will be continued this
afternoon and full day tomorrow.
No night shifts, however, are con-
templated over the week end at
present.
Evening star., 1940-07-13
Pun-Americun Officials
Leave for Havana PorIev

DR.. L. S. Rowe. director general
Of the Pan-American Union, was
to sail from New York today for
Havana to attend the meeting Of
foreign ministers Of the American
republics opening July 20.
DR.. William Manger, Counselor Of
the Pan-American Union, and Will
liam Sanders, chief Of the juridical
division, are accompanying DR..
Rowe.
Secretary Of State Hull viii re-
main at his desk as long as DOS
sible before leaving to take part in
the Havana Conference. He plans
to leave next Thursday, going by
train to Miami from where he NAV
reach Havana by airplane or boat,
Evening star., 1940-07-13
D. {. Plan 10 Train
Defense Workers
Awaits j. ). Action
School Board Approves
Vocational Courses
At Special Meeting

A plan to make possible District
public school participation in the
vocational training aspects of the
national defense program, for which
$15,00o,0o0 recently was appropri-
ated today was headed toward the
United States Office of Education
for approval.
Consent by the Federal unit is a
prerequisite to participation in the
funds. The program was approved
yesterday by the Board Of Educa-
ton In a special meeting following
its earlier Endorsement by the
boards advisory committee on voca-
tional education.
Only general outline of the
program, however. is now complete,
contemplating the instruction of
certain selected persons from the
rolls of public employment agencies
and the w. P. A. in various shop
and related subject courses.
Details to Be Worked Out.
Details of how many will be
taught and in what trades will be
the subject of a meeting of the
advisory committee Wednesday at
2 pm The group consists of repre-
sentatives of employers, employees
and homemakers.
The plan now going to the Fed
eral Office for approval sets up an
administrative staff headed by Supt.
Frank w. Ballou and using school
vocational officials as far as pos
sible. These would not be paid out
Of the Federal funds except that
provision is made for travel expenses
for DR.. Ballou should he need to
60 outside the District in carrying
out the program.
Harold A. Clark and E. j. West
moreland. who have charge of voca-
tional education in the white and
colored schools, respectively, would
constitute the supervisory staff, with
additional personnel taken on as
assistants and paid out of Federal
funds when necessary.
Donovan to Control Funds.
AS a controlling purpose, it was
stated, the plan should include
courses supplementary to employ
ment in occupations essential to the
national defense and pre-employ-
ment "refresher" courses for work.
ers preparing for such occupations
selected from the public employment
office registers.
Auditor Daniel j. Donovan will
be custodian of the Districts share
in the Federal funds.
The program sets up qualifications
for the teachers and administrators
1t requires.
The plan indicates that only those
will be selected from the registers
of public employment agencies for
whom there is a reasonable assur-
ance there will be employment in
jobs essential to national defense
at the end of their training. Only
those w. P. A. workers who can be
made employable in such industries
likewise will be trained, with the
additional proviso that they must
be citizens or have declared their
intention to become citizens.
Evening star., 1940-07-13

A thumbs up" attitude Of de-
termination to "see things through"
characterizes British military men
and civilians alike today, according
to Kenneth c. c. Tiller, F. r. G. s.
aerial mapping expert and professor
in two universities at opposite
reaches Of the empire.
Prof. Tiller is pausing briefly in
the Capital to examine map collec-
tions while en- route back to his post
at the University of West Australia,
Perth, after having conducted
courses at Cambridge University.
Morale in England remains high,
he declared yesterday, and the
principal British Isle gives the i'm
preston Of being a huge prepared
fortress" Speaking with admira-
ton for the evacuation from
Flanders, Prof. Tiller told how he
witnessed indescribable fatigue as
troop trains moved into Kent from
Channel points.
"On one train there was only one
man awake-the officer in charge"
he said.
He related the manner in which
returning Tommies were received:
Each received a bar of chocolate
and fruit as he disembarked from
one of the motley flotilla of craft
pressed into service for the Channel
crossing. This assuaged in some
measure the pangs of hunger until
the first food depot was reached.
Here nourishment was handed up
to the trains from portable army
kitchens moved to the station, and
then the trains moved on to billets
where the soldiers could get what
Evening star., 1940-07-13
Man Arrested Again
On FuIse-AIurm Churoe

A 41-year-old man was held today
forturning in three false alarms last
night. Police say he was released
only a few weeks ago after serving
prison term for the same offense. (
Last nights alarms were turned in
from Sixth and A, Fourth and c and
Sixth and F streets NE. Motorcycle
Policeman A. K. Bowen apprehended
the suspect after the alarm had been
turned in from Sixth and F,
Evening star., 1940-07-13
Service Will Honor
French War Dead

The Washington French Congre-
cation will hold. special memorial
service for French war dead at 4:30
pm. tomorrow in st. johns Epis-
copal Church.
The service was called for Bastille
Day, Frances national holiday, at
the request of the French Ambas-
sador to the United States, Count
de Saint-Quentin, after the French
Congregation had disbanded for the
summer.
The Rev. DR.. Marcel Brun, Epis-
copal clergyman of Philadelphia, will
conduct the service. -. '-- =;
Evening star., 1940-07-13
Tracy Sworn In as Aide
In Labor Department
BY the Associated Press.

Daniel w. Tracy, president of the
A. F. Of LIS International Brother
hood of Electrical Workers for the
past seven years, was sworn in yes
terday as Second Assistant Secre-
tary of Labor. He will act as liaison
man on national defense problems.
Mr.. Tracy resigned his union pres
idency to take the Labor Depart
ment post. The unions Executive
Board elected Ed Brown Of Milwau-
kee as Mr.. Tracy's successor.
Evening star., 1940-07-13
Worker Dies Of Injuries
After Fall From Tree

John Fox, As, colored, 724 New
Jersey avenue NV, died in Emer-
gency Hospital this morning of in
juries received in a fall from tree
in the rear of 3753 Oliver street NV.
Fox was working for q contract
ing firm which was cutting branches
out of trees on the premises. He
fell IS feet, suffering a fractured
skull.
Evening star., 1940-07-13
Look-ut-Moon Porty

With the moon at the first quar-
ter tonight, members of the Ma.
tional Capital Amateur Astronomers
Association will take a number Of
telescopes to Meridian Hill Park to
let the public have a peep at the
celestial orb. This is part of an
educational campaign recentlv in
augurated by the astronomers, their
president, Stephen Nagi, said. The
telescopes will be placed in position
about 8 o'clock.
Evening star., 1940-07-13
Mrs. Crosen Wins Divorce

A limited divorce with the right
to merge it into a permanent action
has been granted Mrs. Marcella B..
Crosen, 1881 North Randolph street,
Arlington County, Va, from Leroy
D. Crosen, 1901 North Randolph
street, tr the County Circuit Court.
Mrs. Crosen was awarded custody of
her three children and alimony for
their support.
Evening star., 1940-07-13
Auto Clubs Oppose
Measure 10 Boost
District Gas Tax
Gov. O'Conor to Confer
With House Committee
Studying Proposal

AS Gov. O'Conor OF Maryland
promised to confer with a special
House District subcommittee in
vestigating gasoline taxes here,
strong opposition arose today from
two Washington automobile clubs to
proposed legislation to raise the
District gas tax from 2 to 3 cents
a gallon.
Spokesman for the District di-
vision of the American Automobile
Association and the Keystone Auto
mobile Club both attacked the
measure introduced by Chairman
Randolph of the House District
Committee. It would divert the
additional revenue to the District
general fund.
I'VE are opposed to an increase
in the gas tax at this time because
1t is not needed" said George E.
Keneipp, manager of the Keystone
club. I'VE are opposed to the use
of gas tax funds at any time for
any other purposes except those
having to do with the improvement
of highways or for essential traf-
f1c projects"
Federal Penalty Seen.
Washington I. Cleveland, manager
Of the local divisions of the A. A. A.,
said:
Before adopting a further policy
of soak the motorist.' law makers
should bear in mind that motorists
pay one out Of every eight tax
dollars paid by the taxpayers of the
United States. Advocates of this
measure may or may not know that
diversion of highway funds is con-
trary to the policy adopted by Con-
gress and would automatically sub
ject the District of Columbia to the
penalty of losing one-third of its
share of the Federal highway
fund"
Gov. O'Conor and Gov. Price of
Virginia both hsd been invited by
Representative Poage of Texas,
chairman of the special subcom-
mittee on the Randolph bill, to tes-
tify at the first public hearing next
month. Although neither Governor
had replied to Mr.. Poage today, 1t
was learned that Gov. OConor had
answered a previous request from
Representative Randolph.
Seeks Nearby Highways.
"It will, of course, be a pleasure
to us to confer about these mat
ters," Gov. O'Conor said. IT would
suggest, however, in approaching
the consideration of the joint in
terests of the State of Maryland
and the District of Columbia it
would be preferable to have these
questions taken up with the Mary
land Commission on Tax Revision. I"
Mr.. Poage invited the Governors,
he explained, to get assurance that
If the District tax is raised to bring
it more in line with Maryland and
Virginia gasoline taxes, steps will
be taken by adjacent States to build
new highways leading into WASH
ington. Virginia's gas tax is 5 cents
q gallon and Maryland's is 1 cents
q gallon. "
Evening star., 1940-07-13
Bond Concert

BY the United States Soldiers
Home Band at the bandstand to-
night at z o'clock. John S. M.
Zimmerman, bandmaster; Anton
Pointner, assistant.
March, Abraham Lincoln"
Goldman
Overture, "The Traveller -Buchtel
Solo for piccolo, Polka
Caprice" Damn
Musician John Prezioso.
Scenes from the opera Mari
Popular numbers
If I Didn't Care
Sing, You Sinners" -Harling
Waltz suite, Mon Reve" (My
Dream) ---W Waldteufel
Finale, I'm the Springtime"
Goldman
The Star Spangled Banner"
Evening star., 1940-07-13
Rail Official Dies
Of Crash Injuries
By the Associated Press.

By the Associated Press.
NEW ORLEANS. July 13-Au-
gust E. Capdevielle. So, assistant
treasurer of the South Pacific Rail-
road and general agent for the lines
here, died today of injuries received
Wednesday in an automobile COL
lision.
Mr.. Capdevielle, son of the late
Mayor Paul Capdevielle, was COM
modore of the Southern Yacht Club
and president of the Gulf Yachting
Association.
Evening star., 1940-07-13
Boy. II. Accidentally Shot

Carlton Smith, II, colored, was in
Georgetown Hospital today with a
bullet wound in his side, suffered
yesterday on q farm near Langley,
Va, when rife was discharged
accidentally. Police were told the
boy was wounded when his 15-year-
old brother dropped the rifle.
Evening star., 1940-07-13

His wife, Mrs. Dora Lewis, died
several years ago. He leaves a
daughter, Mrs. Edna Strauss; a son,
Herman Lewis; four brothers,
Shachna and Samuel Lewis, both
of Baltimore; Nose Lewis of Wash
ington and Maurice Lewis of San
Francisco, Calf.
Funeral services will be held at
/ pm. tomorrow at the Danzansky
funeral home, 3501 Fourteenth
street NV, with burial in Adds
Israel Cemetery.
Evening star., 1940-07-13

Of Washington,
Mr.. Lewis en-
gagged in the
S oe business
here for 40 years
prior to his re-
tirement three
years ago. His
shop was at 1873
P e n n S y lvania
avenue NV.
Mr.. Lewis was
a member of
Lebanon Lodge,
No. Z, of Masons
and the Adds
Israel Congrega-
Evening star., 1940-07-13
Barney Lewis, Shoe Dealer
Here for 40 Years, Dies

Barney Lewis, SO, of 1925 'Uushur
street NV, retired shoe merchant,
died yesterday in Providence Hos
pital after brief illness. A native
Evening star., 1940-07-13

Certain beverages, inferior fruits
and other foods deteriorate quickly
at high attitudes, airline dietitians
have discovered. .-.
Evening star., 1940-07-13

The United States is the worlds
largest consumer Of cof3ee.