davidaulloa/AmericanStories huggingface dataset:
Evening star., 1951-11-23

COLORED-477 NJ ST. N.W.-one
rr,1 kit. semipyt. bath; near down
town Wash: S55 per mo. JUSTINE
EaaLTY EEaEaALTY CO., 412 9th st. NV. DI.
Evening star., 1951-11-23
Live at the Top of the City
ALBAN TOWERS
APARTMENT HOTEL

3700 MASS. AVE. NV.
One. and. two bedroom apts.; tele-
vision In every apt: full hotel
service.
Evening star., 1951-11-23

SILVER SPRING, MD.
Brick Cape Cod: 4 bedrms., 2 baths.
auto. heat; partially furn.: SI35
mo-; all modern conveniences; near
transp., shopping, schools, ETC.; l.
year lease desired. To inspect, call
BOSS g. PHELPS, MA. $500. -25
Evening star., 1951-11-23
HOUSES WANTED TO RENT

WANTED-Unfurnished house. 4 bed
room or 3 bedroom and den; con-
venient to Pentagon; occupancy De-
cember or. January; lease ono year
Is and 13. CROSSMAN. AP. 1858.
o7s
2 OR 3 BEDRM. HOUSE, Sc: adults;
will take good care. 10. S-3964. 23s
Evening star., 1951-11-09
Panel 10 Discuss Facilities
For MONTGOMERY Youths

A panel discussion of country
youth facilities will highlight the
Montgomery County Youth Com
missions first annual conference
tomorrow in Leland Junior High
School, Bethesda.
DR. Paul Douglass, recently re-
signed president of American Uni
'versity, will head the panel which
will include DR.. Preston Sharp,
chief OF Maryland training
schools; Miss Maisie Rappaport,
supervisor of protective services in
Baltimore: DR.. John Lewis, men
tai hygiene .consultant of the
United States Public Health Serv-
ice: Thomas w. Pyle, assistant su-
perlntendent of schools for Mont
gomery County. and Judge Alfred
Noyes of the county Juvenile
Court.
Preceding the 1870 am. panel
discussion will be a skit portraying
a f1ctional case history of a boy
brought before the Juvenile Court.
Evening star., 1951-11-09
THE EVENING STAR A-3
Washington, D G. ***
FRIDAY, NOVEMBER 8. 1881.

official conduct without clear
showing Of an abuse of lawful duty
or wrongful usurpation of power"
Laughlin v. Cummings 1880, 10
U. S. App. D. c. 1872. 1914.
No such clear showing has been
made out here. The matter at
the present time is in the nature
of an interdepartmental dispute
and courts have no jurisdiction to
interfere by way of injunction
with the conduct of administra-
tive proceedings. Kiss & Co. VS..
| Interstate Commerce Commission
1950 86 U. S. App. D. c. 70.
There is in this case a mere as
sertion that certain rights may
be denied to the plaintiffs. II
| the plaintiffs do suffer an injury,
they must first exhaust their ad-
ministrative remedies within the
department before they can petit
tion for aid of the court. Gen.
orally a member of the Metro
politan Police Force does not have
the right to restrain the enforce
mcnt Of an apparently lawful
order.
! Accordingly, since the complaint
is premature and the court lacks
jurisdiction at this time to enter
tain an action for the relief
sought, the complaint must be
dismissed and for the reasons
stated in this opinion the tempo
rary restraining order must be
dissolved.
Evening star., 1951-11-09

for two copies of the atomic en-
ergy annual report"
The Senator said that in July
and August, 1850, he was known
to be in the process of procuring
for shipment outside the United
States of certain specialized tubes
used in proximity fuses in artil.
lery shells and in geiger meters
for the detection of radioactive
materials.
| Also in 1850, the Senator said
Col. Biheler undertook to procure
from the United States Air Force
translations of captured German
military documents relating tl
ordnance.
| On two Of his trips outside the
United States Senator O'Conor
said. Biheler was reported to have
been the mastermind behind a
plot to effect the assassination OF
Maj. Carlos Y PaZ-Tejada, chief
Of the army OF Guatemala, and
to have gone to Mexico for the
purpose of co-ordinating "the pro-
curement of information concern
ing the atomic energy and uranium
stock of the United States"
Evening star., 1951-11-09
Text of Ruling on Police Quiz.

authorized, with the consent of
the head of the department. or
agency concerned, to utilize the
services, information, facilities
and personnel of any of the de-
partments or agencies of the Gov
'ernment of the United States"
| Agencies Not Specified.
| The resolution contains no spe-
cific reference to any department
Or agency of the Government OF
the District of Columbia, whiel,
the courts have held not to- be g
department of the Government ii
the United States. but municipa,
corporation. metropolitan Rail
way Co VS.. District of Columbia
l32 u. S. l 33 l.. Ed. 231.)
/ The Commissioners obviously
issued the order in a good faith
attempt to cooperate with the
subcommittee in the investigation
tof CRIME in the District OF Colum
fbia,~ which motive is commend
able although the order appears
ito be an ultra Vires act and out
side the scope of their specific
authority. Nor is there any pro-
vision for them to delegate then
authority to agencies outside the
Government of the District OF
] Columbia. @
Injunction Plea Cited.
The complaint herein prays for
an injunction. An injunction pro-
Iceeding is. of. course. mot the
proper remedy for asserting a con-
Estitutional privilege, nor for claim
ing a privilege under the rules of
evidence. A claim of privilege tc
trefuse to answer a question is per
sonal to the witness. Brown V
Walker 1886, l61 U. S. SOL. 16
S. ct. 644. 40 L. Ed. 819. That
privilege must be asserted after a
witness is asked a question and
the witness refuses to answer. May
". United States 1949) "a U. S
App. D. c. 233, 240.
An injunction is an extraordi-
nary remedy and should not be
granted unless necessary to pro.
Itect rights against injuries other
wise irremediable. State Corpora
ton Commission of Kansas V
Wichita Gas Commission 1894
f290 U. S. SCI, 81 S. CT. 321, 78 l.
Ed. 500.
Must Exercise Duties.
There is a strong presumption
that public officers exercise their
duties in accordance with law. An
INJUNCTION will not issue to restrain
Evening star., 1951-11-09

| IHe LeTC OF Ju6ge James n.
| Kirkland's memorandum opin-
ion in the police financial Qaes-
tionn1ire case decided today In
District Court, follo10s::
This is a class suit brought by
Robert J. Barrett, major and su-
iperintendent of the Metropolitan
!, Police Department Of the District
of Columbia, against the members
'Iof the Board of commissioners
for the District of Columbia.
Il It seeks a temporary and per-
manent injunction to restrain en-
!, Iforcement of the Commissioners
memorandum order No. 1877, dated
), October 81, 1851, directing the
: members of , the Metropolitan
:. Police Department to .. fill out
sign, swear to-and mail said ques-
tionnaire by registered mall to
j. the Senate District Crime Investi-
eating Committee within three
, days from the date of receipt
J thereof by such officer or member
: or within such further period OF
time as may be agreed upon by
such officer or member with Ar
mold Bauman, chief counsel of
said committee"
/ Many Questions Irrelevant"
A casual examination of the
27-page QUESTIONABLE containing
some 1.750 questions, many of
4 which appear irrelevant and i'm
material to the inquiry, plus the
apparently unreasonable time to
answer, convinced the court that
a temporary restraining order
should issue.
The Board of Commissioners is
a creature of statute and derives
its powers from express statutory
authority which is in the nature
OF a restraining rather than an en-
abling act. Hazard v. Blessing
(l924, SIS U. s. App. D. c. ia.
The Commissioners are the ad-
ministratlve heads of the Metro
polltan Police 1T. 4, Sec. 119 D. c..
Code. 1910 ed. They have statu-
tory authority to conduct exami-
nations of the police department
and to administer oaths 1T. /, Sec.
237, D. c. Code, 1910 ed.) which
power is a necessary adjunct to
the responsibility for the proper
conduct of the department. This
section, however, contains no pro-
vision for conducting investiga-
tlons for purposes other than
those set forth therein.
| Requested by Committee.
| The order issued by the Com
mlssloners calling for the cues
tionnaire to be answered and for
Wafded to the subcommittee is
not embraced by Section 237, nor
can 1t be justified as an exercise
OF any power which would be
implied as necessary corollary
to their responsibility as head of
the Metropolitan Police Depart
ment. In addition, the order was
issued on the request of a men,
Der OF the committee, which re-
quest does not pretend to be a
directive or order issued by the
subcommittee. pursuant to Senate
Resolution 1856, 82d Congress, first
session. which provides that
For the purpose of this resolu-
ton. the Committee. or any duly
authorized subcommittee is
Evening star., 1951-11-09

ask them all the same questions.
But, he added, the men would
have their attorneys along to ad-
wise them of their constitutional
rights.
Waving of Rights Cited.
Here is the vice of the ques-
tionnaire," he went on. Once
you fail to claim your constitu-
tional privilege, the curtain goes
up and never thereafter may you
claim constitutional privilege.
Once you waive it, there is no
longer any protection"
Mr.. Gasch. also discussing con-
stitutional privilege, made the
same point that was argued earlier
in the motion filed in behalf of
the Commissioners to dissolve the
restraining order.
when police join the force"
Mr.. Gasch argued. certain rights
which they have are not available
to them. If they care to exercise
those rights. they may do so but
not as policemen. When a man
joins. the police force. he doesn't
lose his Constitutional rights. But
when he is asked a question about
his duties and says, I decline to
answer on the grounds of Consti-
tutional rights he's through. I
say he may raise the issue, but not
as a police officer"
Hearing Attracts Crowd.
The two-hour arguments at
tracted a crowd of spectators
District officials. lawyers. bonds
men, police in plainclothes and
Capitol investigators.
Mr.. Bauman attended the hear
ing after telling a press confer
nece total of $50 questionnaires
eventually would be issued. Mr..
Bauman also announced the ap-
pointment Of an associate coun-
sci, Harold w. Solomon of New
York. former assistant district at
torney of New York County.
Evening star., 1951-11-09
Spy
Continued From First Page.)

to deport them even if they took
refuge in diplomatic immunity"
Senator McCarran. who is
under treatment in Reno for q
heart ailment, added:
AS I have said before, in com
ment on another case. it would
seem that the State Department
does not wish to impede the activ.
tiles of these people and the JUS
tice Department does not recog.
nize the authority Congress ha.
given it."
Confirmation Reported.
Senator O'Conor said the infor.
nation contained in his state.
ment was confirmed at closee
subcommittee hearing Wednes.
day. over which he presided, ane
will be submitted to the Interna
Security Subcommittee. He dit
not say who testified.
Senator O'Conor said the infor.
nation obtained from intelligence
officers also indicated that Col
Biheler. in February. 1850, ii
known to have requested the Gov.
ernment Printing Office for al
publications on strategic bomb.
ing and to have placed an ordel
Evening star., 1951-11-09
Nelson Denies Guilt
On All ; Counts in
Prince Georges Court

~S@s
Charles E. Nelson, reputed over.
lord Of a multi million dollar
gambling racket in the Washing
ton area, today pleaded no
guilty to a gambling conspiracy
charge in Circuit Court in Uppel
Marlboro.
| Arraigned with Nelson were hi.
wife and six alleged associates il
his gambling operations. They
were Mr.. and Mrs. Robert Now.
land of l04 East Braddock road
Alexandria; Detective Sergt. Rob
Iert Kirby; former Detective Sergt
James Lowry; Mrs. Ruby Gear,
Of Capitol Heights, Md, and Mis-
Effie Lou Trent of Seat Pleasant
Md. All pleaded not guilty.
Nelson also pleaded not guilt,
to charges of attempting to brib,
Sheriff Carlton G. Beall and O
assaulting Milford Rurkley O.
1907 Capitol avenue NE.
Charges Whipping,
Burkley. former employe
charged that Nelson pistol
whipped him at the wealthy
horsebreeder's estate on February
%. Judge Charles c. Marbury
did not announce an immediate
trial date but advised the group
to be prepared to return to court
after 10 days.
Nelson will not be tried ir
Prince Georges County until after
charges of gambling. conspiracy
and perjury are disposed of in
Washington courts, States Attor-
ney Carlyle ]. Lancaster said
Mr.. Lancaster said all of the
evidence gathered in Prince
Georges investigation has beer
turned over temporarily to States
Attorney Arthur DoWell of Calvert
County. for presentation to that
countys grand jury. which will
meet at Prince Frederick Mon
day.
Much of the evidence covers
operations of Nelson's establish
ments at North Beach. Md. where
he is alleged to have maintained
headquarters for extensive num-
bers game operations.
Curtails Farming
When he appeared in Upper
Marlboro today. Nelson told re-
porters he is drastically curtailing
farming operations on his extern
sive estate at Richie. Md, where
he raises thoroughbred horses and
cattle. His dairy herd of 20
Guernsey cows. eight heifers. and
a bull will be sold at public auc-
ton Monday, November 10, he
said. the sale will be held on the
farm.
I'VE will keep about 100 head
OF Herefords." Nelson said. but ]
haven't been feeling very we'll
lately and it was just too much
work to keep the Guernseys."
| He has been selling his thor
oughbred horses at sales in Ken
lucky, he said.
The Senate Committee indi-
Gated it thought it was wrong to
raise thoroughbred horses. and
don't want to do. anything wrong. "
Nelson observed wryly.
Nelson and his wife were repre-
sented by former States Attorney
A. GWynn Bowie. T. Edward
IO'Connell represented Mr.. and
Mrs. Nowland.
Evening star., 1951-11-09
DeMuthu PTA TO Meet

The Parent-Teacher Association
Tof DeMatha Catholic High School
will meet at 8 o'clock tonight in
the school auditorium, 4310 Madi-
son street. Hyattsville. Md.
Evening star., 1951-11-09

per cent" of all the 1,750 queries
posed in the QUESTIONABLE deals
with the husband-wife financial
relationship.
Sees Families Attacked.
'"These questions and the Com
missioners' order are Illegal" Mr.
Ford said. They attack, he added
the American family and the very
rock on which this country
stands"
! Maj. Barrett's refusal to answer
his queStionnaire-an action on
behalf of all Metropolitan police
men-waS not done obstinately
according to Mr.. Ford. but be
cause the highest court in the land
has told us not to violate the
privilege between husband and
wife. 1t is our duty not to violate
this privilege"
Earlier, in the arguments on
Maj, Barrett's behalf. Mr.. Garfield
pointed out that the police CHIEF
has repeatedly appeared before
grand juries and congressional
groups investigating District crime
and corruption, and that at no
time has he hesitated to answer
any questions.
Mr.. Garfield emphasized that
the chief will unflinchingly answer
any germane questions pro-
pounded him by the present crime
investigating group or by a grand
jury in connection with the pres
ent probe.
Commissioners Limited.
The District Commissioners. on
the other hand. have no authority
under existing statutes to try to
elicit such information as is
sought in the questionnaires being
circulated, the lawyer contended.
Mr.. Garfield singled out one
question as hitting below the
belt" This had to do with the
expense any policemen may have
entailed in having his children
confirmed.
IF I were asked what I paid for
the confirmation of my children
I certainly could not answer" the
lawyer observed.
AS for the QUESTIONABLE method
OF getting information from
policemen, Mr.. Gasch declared it
is very fair" and more equitable
means than calling policemen be-
fore an open committee hearing.
The present method gives po-
lice a right to study the questions
with aid of counsel posed by the
query sheet, instead of being under
fire by the committee in a hear
ing" he said.
Public Interest Cited.
Mr.. Gasch further declared that
Maj. Barrett's injunction suit in
wolves public interest to high
degree, insofar as the possibility
exists that the Commissioners may
be enjoined from carrying out
their lawful duties.
The suit, he charged, may be
responsible for grave confusion. +"
1t makes a situation "fraught with
peril" Mr.. Gasch said.
Where the public interest is
involved" the Districts counsel
emphasized, "the courts will take
quite a different slant toward the
granting or denying of an injunc-
ton"
Throughout the proceedings
Maj. Barrett sat impassively at
the counsel table munching a loz-
enge. He was dressed in a dark
blue civilian suit.
The police chief heard Mr.. Can
field take responsibility for Mai
Barrett's refusal to answer the
questionnaire.
EnI1nxvnL
Evening star., 1951-06-08
This and That
By Charles {. TroceweN

The sound it makes then is sharp,
sudden, filled with alarm.
It is not in the least afraid Of the
hawks, even the largest ones, but is
sane enough to use discretion.
It does not show itself more than it
has to; it keeps under cover. but at the
same time keeps shouting its warning.
which the smaller birds always heed.
Occasionally jay falls victim, itself.
That pathetic pile Of blue feathers In
the front yard is not the work of cat.
as many suppose. but almost always the
result Of q hawks nefarious way Of
getting its dinner.
Hiding food is another way the mettle-
some jay helps the smaller birds.
An observer may feel quite sure that
the jay does not hide peanuts and other
foods for it's own sake
We have watched this many times
and have never seen jay go back to
the food it has hidden.
It will take one peanut after another,
fly to tree, and there secrete the food
in crevice.
Or it will take the peanut to the side
Of the yard, and there bury it under
some leaves, raking the whole much as
q squirrel does after burying bit Of
food.
At the completion Of this task, It viii
Evening star., 1951-06-08

A popular song has a line about the
blue jay "cheeping."
Now, brother. If there is anything
jay doesn't do, it is make noise of that
character.
A blue Jay may yell, scream, roar.
holler, even COO, but it doesn't cheep.
1t simply doesn't, that's all.
The sort of sound usually written as
"cheep" is not in the birds capabilities.
1t just isn't cheeper.
Sometimes jay will make noise
resembling. that made by small boy
with a rattle.
Just how it does this we have never
been able to discover.
When it does it, 1t bends its knees,
sticks forward its head. and lets go.
At times it will COO, making q sound
which may be put on paper as pussy,
pussy, pussy
At others, it will scream thief, thief.
thief usually at cat or hawk.
One of the best things this big bold
fellow does is to keep watch out for
the smaller birds.
II is the first to spot o maurauder,
and the very first to sound the alarm.
The hawk, In particular, the jay
loathes. and is never slow in telling the
other birds that one 10 In the neighbor-
hood.
Evening star., 1951-06-08

give yell. as if very much pleased, and
then fly away. and thereafter pay no
attention to what it has hidden.
But the smaller species, the nut
matches. chickadees and others, have
seen what he has been up to.
They have watched the whole pro-
ceeding. and know just what the jay
has buried, and. what Is more impor-
tant, where.
No sooner has the jay flown away,
with great squawk, than the little ones
have flown over and started to uncover
the food.
In this way the jay probably does
more good to the other woodland crea-
lures than almost any other species.
While it is impossible to say that the
bird is a philanthropist, or whatever a
bird s1o-gooder" is to be called, there
can be little doubt that the jay has some
sort of realization of what 1t has done,
and why
1t is, without doubt, a feathered hui
morist. Mark Twain and others have
testified to this. The jay has on its
side many if not most Of the bird
watchers over the decades.
It is bold, blustery American, sort
Of red Indian in. appropriately enough.
feathers!
It is one Of the best adornments Of
the suburbs,
Evening star., 1951-06-08
An Essential Flood Control Item,

Whatever the merit or lack of merit attrib-
uted to various other rivers-and-harbors projects
under consideration by Congress, the modest
item for planning flood control measures in the
Biadensburg area deserves congressional ap-
proval. AS Representative Sasscer of MARYLAND
told House appropriations subcommittee, this
is Hood relief not only for the local community
but for the militarily and industrially impor-
tant U. 8. Route l. main North-South automobile
tramc highway Sporadic blocking Of this route
by Hash foods from the Northeast Branch of the
Anacostia River is serious problem-one that
could have possibly grave effects in event of a
coincident District emergency
The Army Engineers have asked only
$4,000 to conduct additional surveys and to
draw up plans for the work, which was author
lied in last years Rivers and Harbors Act. No
funds for actual construction of levees, dredging
OF channels or other phases of the project have
been requested. It has been tentatively esti-
mated. on the basis Of preliminary studies, that
the cost to the Federal Government would be
$50 million, with nearly that much additional
to be contributed by State and local authorities.
Until the new survey and plans are completed
the exact cost to all jurisdictions concerned
will not be known
Besides, there are desirable but not really
essential parts Of the original improvement pro-
gram that might be eliminated In the final study
and planning. The tentative proposal was drawn
up before the Korean crisis and hence needs to
be revised to accord with new fiscal policies and
material controls Shorn of boat-basin naviga-
tional and landscaping features and limited
solely to food-relef objectives it is possible
that the undertaking could be substantially re-
duced In cost.
The primary goal should be protection of the
Baltimore pike and bordering land in the Peace
Cross area from foods of the type which have
occurred there several times this spring and
which will continue to occur until major engi-
neer1ng measures are taken to control them.
Collateral recreational aspects can be considered
wnen times are more favorable for non-essential
spending.
Evening star., 1951-06-08
Unavoidable Then, IndefensibIe Now

Last years cut In the Federal payment to
the District was an unavoidable consequence OF
the inclusion of the payment in the overall
omnibus appropriation bill. Although the re-
duction was unwarranted in principle, it was
impracticable to single the item out for special
exemption from the across-the boards economy
slash But to apply similar cut to the Federal
obligation again is wholly indefensible This
year the payment is not part Of one-package
bill but stands ON its own feet With the cost of
running the District at an alltime high, 1t would
be more realistic to increase the Federal pay
ment than to reduce it. Certainly reduction
in the $12 million fund cannot be justified at
this time. The Senate as a matter Of simple
equity, should insist on elimination of the 10
per cent cut voted by the House-and the House,
for the same good reason, should reverse yester-
days action when the matter reaches conference.
Evening star., 1951-06-08
Thinks, Judge Edgerton

trust many citizens will add their
words Of gratitude to this one for Judge
Edgerton's decision of violation Of con-
stitutional rights Of riders in streetcars
and buses, by the radio programs
therein.
Even though many may not write
about it or express their sentiments
except in talks in cars and buses, you
may be sure there are thousands Of
riders who will feel that their days are
frightened from now on and made
happier by knowing that they do not
have to endure the roaring voices Of
commercial announcers, and continual
din Of what seems to pass for music
these days. No words can express the
relief Of uncounted riders. Thank you,
Judge Edgerton and all connected with
the decision. for the opinion handed
down.
The evening of the opinion, in riding
in streetcar, held The Star so that
several back Of me saw the heading.
It was enough! isn't that wonderful"
"You don't mean It'll" How glad ami"
were few Of the expressions heard. In
seeing one of the best-known profess
sional musicians In the city on the
street, he saw only the heading. 90! I
think that is wonderful!" was his in
slant reaction.
Sarah Z. Dawson,