Wilkes-Barre Sunday Independent

              STRIKE ORDER FINDS SILK MILLS WATCHFUL
A Paper For The Home
SUNDAY INDEPENDENT
Weather
SnMay: Partly cloudy, local shower*.
Moaity: Cloudy, riling temperature.
FIFTY-TWO PAGES
WILKES-BARRE, PA., SUNDAY, AUGUST 8, 1937
PRICE TEN CENTS
MISSING FACTS AND RAILROAD POUCE ADD MYSTERY TO MOUNTAIN MURDER
Latest Picture Of Coal Exchange Building
COURT BILL RUSHED IN BY GARNER
Announces Passage By Sen¬ ate'Without Objection'; No  Vote  Taken
And This One Is Called A Vertaplane
"T'
A parking lot is all that remains of the Coal Exchange building at the corner of West Market and .South River streets, but if you should happen to drive down to Berwick you ean see some of the huge stones that once were a part of it used to construct a retaining wall there.
In all, ten tons of the red facing stone was donated to the WPA by the Cleveland Wrecking Company, which demolished the Coal Ex¬ change, just for the cost of haul-
LA FOLLETTE PROTESTS
ing it away to the Berwick-Shick- : shinny project pictured above.        I When   completed   this   wall   will \ be  400  feet  long  and  will  protect, i
the highways from the slides which j ^^^ PfOVltleS QuIckCr ActiOn
have menaced traffic everwince the highway    was    constructed.    Esti¬ mated cost of the project is $60,000. Soon To Be Finished J. F. McGroarty of North Wilkes- Barre  Is  general  foreman  on   the project,  which  was   held   up   tem¬ porarily   several   weeks   ago   when (Continued  on   Page  A-4)
ORGANIZERS FOR CIO HOLD TWO MEETINGS
Employers  Announce  Mills
Will Be Open; Police
To Preserve Order
12,000 WORKERS HERE
Luzern* county's silk industry- employing more than 12.000 per¬ sons with an annual payroll of $10,000,000- was watchful last night as CIO organizers and mill owners prepared for tomorrow's test of strength. Textile org;anizers have called for a complete shutdown of all silk operations as a demonstra¬ tion of labor's solidified front. Managers of the plants called on their employees to ignore the strike order and report for work am usual.
With tomorrow-morning fixed as the time when the strike order is supposed to go into effect civil authorities declared last night they will enforce law and order In all communities having silk mills. No serious disorder is expected but extra police will be on duty if needed,  it was announced.
Word from Paterson. N. J., re¬ garded as the "silk capital" of the country, indicated that silk manu¬ facturers were organized "on a national basis to deal with any situation arising such as the pros¬ pective strike of the CIO." At a meeting of mill owners represent¬ ing all areas the manufacturers let it be known they were adopting « "passive" attitude toward the threatened walk-out because it might standardize the industry. Workers Addressed
Thirty-seven silk mills in Wyom¬ ing Valley, the second largest in¬ dustry here next to anthracite mining, are the rallying points around which CIO and textile or¬ ganizers plan to make their strong¬ est demonstration. Some night shift forces quit their machines Friday night in sympathy with the move¬ ment, but yesterday strike leaders! emphasized that the walk-out was nol scheduled until tomorrow.
Meanwhile, thousands of em¬ ployees of various mills held meet¬ ings yesterday and heard organ¬ izers declare that the strike will be "a success." They declared that members of the United Mine Work¬ ers will act as pickets at some of the mills, although district oflfices of the miners" union last night de- (Contlnucd on Page A-10)
Dr. Townsend Wants $5j(m,000
Framingham, Mass., Aug. T. (UP)—Dr. Francis E. Townsend announced tonight that he will ask 100,000 sympathiztfre to con¬ tribute $50 each to publicize the Townsend old age pension plan.
Addressing 1,500 persons at a Framingham Townsend Club meeting, Dr, Townaend said that the $3,000,000 fund would he used for organization work and for newspaper and radio adver¬ tising.
'ATTACOYSUB
K CALLED TAKE'
Spanteti    Loyalists   Assert
Aet Was Planned To
Provoke Tension
REBELS ADVANCING
Marseilles, Aug. 7. (IP) — The naval radio station an¬ nnunced tonight thr.t the Greek steamer Tsintakis was bombard¬ ed   18   miles   west   of   Algiers.
Valencia, Spain, Aug. 7. (UP) — The Loyalist government issued a communique tonight asserting that the alleged submarine attacks on the German cruiser'Leipzig on Mav 15 and 18 were constituted acts designed to provoke international tension  and  possibly  war.
The government said that docu¬ ments obtained from a member of the Leipzig's crew indicated that the reported attacks on the cruiser ma.v never have  occurred.
The documents were said to have a.sscrted that Italian and Spanish Nationalist officers had conferred aboard the Leipzig several days be¬ fore the reported attacks, and that after the conference the munitions aboard were shifted to safer quar¬ ters on the cruiser "to insure that (Continued  on  Page  A-4)
In    Cases    Involving Constitutionality
Washington, Aug. 7 (UP)—Vice President John Nance Garner ham¬ mered the substitute judiciary bill to passage today under the noses of startled senators in an anti- climatic conclusion to the bitterest congressional battle of modern times.
Garner, who played a significant role in the collapse of President Rosevclt's unsuccessful six-months campaign for enlargement of the Supreme Court, took the Senate by surprise one hour after it bad started consideration of the sub¬ stitute bill calling only for changes in lower court procedure.
Garner Ends Discussion
Sen.  Warren  R.  Austin,  R.,  Vt.,
i and   Sen.   J.   Hamilton   Lewis,   D.,
III., had just concluded a long dis-
I cussion   of   the   substitute,   which
Lewis charged was an  unconstltu-
1 tional   violation   of   rights   of   the
individual.
Sen. Pat McCarran. D., Nev., in charge of the measure, offered clarifying and strengthening amendments, including one that made mandatory the notification of the government in lower court ca.ses involving constitutionality of I a  federal statute. I
The   final  words  of  the  amend¬ ments   had  hardly   been   approved | when Garner's voice broke through the confusion of the chamber.
"Without objection," shouted the Vice President, "the bill is read a third time, engrossed and passed."
For a few seconds there was not a sound in the chamber.
Then Garner's gavel sma.ihcd on the desk and the probably last act of the Senate Supreme Court fight f <r this session was ended. Guffey Demands Vote
Sen. Joseph F. Guffey, D., Pa., leaped up demanding a vote on the bill  but   finally  contented   himself
4-HOUR DELAY MAKING REPORT NOT EXPLAINED
Only One Of Lehigh Valley. Men Involved
Surrenders And Gun Of Victim Has Not
Been Turned In; Stolen Box Of Candy
Dry While Cap Near By Is Wet
COUNTY PRESSES INVESTIGATION
Perhaps it looks like a gigantic i a vertaplane. Its inventor, Ger-1 plane and an autogyro, so it can praying mantis, squatting on a darus Post Herrick, asserts it com- fly through the air and then settle Philadelphia   field,   but   it's   called | bines tbe best features of an air-1 down  vertically.
^ ^fff f l,?"f/LJ. 4'Mile Swim In Storm By
Girl Astounds Men Of Sea
In A Single Day
Thetford. Norfolk, England. Aug. 7. (UP) —Mrs. Bernard Lingwood of Brand, Suffolk, gave birth to boy quadruplets today at the Thetford Nursery Home. All were doing well. Mrs. Lingwood is the wife of a local manufacturer.
Allahabad, India, Aug. 7. (UP)
A   woman   in   the   village   of
Nawada, United Provinces, gave
birth today to two sons and two
daughters.
With one railroad policeman under $20,000 bail on a charge of murder and the arrest of two other ofiicers demanded in additional warrants, authorities here last night openly accused Lehigh Val¬ ley Railroad PoUce of withholding facts concerning the fatal shoot¬ ing of Stephen Bashar, 25. of 88 Hazleton street, Ashley. A com¬ plete showdown between the dis¬ trict attorney's office and the rail¬ road police is expected to come to¬ morrow morning at 10 oclock when at least one of the defendant officers will be taken before Judge B. R. Jones.
I     Bashar,
I who   had
Rises   Nude  From  Surf  Before   Fisherman  Who!f':,°^^;.f""LMnitL"1l*''^ln^^^''
two railroaa policemen lay in am-
KILL 2 PRISONERS
ESCAPE AHEMPT
Jail   Break   Try   Is Made In Kentucky
WARDEN SEIZED
Thought He Was Seeing Things To Spread Alarm That Rescued Friends From Capsized Boat
New York, Aug. 7.  (UP)—Along i the    treacherous    Far    Rockaway |
coast tonight they talked of noth ing else. Grizzled   veterans   of
Unaware Of Storm Warning
The   two   couples   put   out   from
many
with   announcing   that   he   would j prisoners  seized  a  deputy  warden
Now Comes *Kah-Kah* From Paris To Replace Banished 'Strip Tease*
New York, Aug. 7. (UP)-Now it's the can-can ^pronounced "kah- kah" with the nose held tightly.
With License Commissioner Paul Moss' farewell to the strip-tease still echoing on Broadway, Mile. Andree Rapo arrived from Paris and the Folies Bergere with the announcement that she was going to make America "kah-kah" (hold that nose) conscious.
What Mile. Rapo has in mind is not the can-can your grandfather used to applaud in the days when (Jueen Victoria ruled it out of the empire, but a modernized version which she described as follows: "The can-can-it is the dance that makes the joys. It makes you excite.    It is like the strip-tease
dance. It makes you feel so ooooh." "It Is .Merely Excite"
Mile. Rapo is billed at the Inter¬ national Casino, a costly music hall venture about to blossom under one of the big signs on Times Square. She is captain of a troop of French girls who will dance the dance which, the encyclopedia says, is "accompanied by violent leaps and indecorous contortolons of the body, originated by the demimonde of Paris and resembling the old bacchic dances."
The word "indecorous" made Mile. Rapo pretty mad.
"Non, non, non," she said, "it Is not in—how-do-you-say-it — decor¬ ous.    It is merely excite."
Time and License Commiseioner
with the clothes on.   It li the tease- Paul Moss wiU telU
have voted against It if he had had a chance.
Sen. Robert M. LaFollette, P.. Wis., shouted a protest at the pro¬ cedure, which was reminiscent of the brusque manner in which Garner returned from Texas and ended the court fight after the death of Senate Majority Leader Joseph T. Robinson.
"Mr. President," said LaFollette, who was a supporter of the original court bill, "I think that is a very bad practice for the Senate to get into. I shall not object this time because of the peculiar circum¬ stances but I wish to announce that if such a request is ever made again I shall object."
La Follette's criticism was di¬ rected at the announcement of Gar¬ ner that "without objection" all senators would be permitted to in¬ sert in the congressional record an explanation of how they would have voted. The Wisconsin senator said that such explanations should be "printed in small type in order to show that they were not made on the floor."
"They shall be." Garner snapped. Important Provisions
Chief provisions of the substitute bill were:
1. Direct appeal from the lower courts to the Supreme Court in cases involving the constitutionality of a  federal  statute.
2. Intervention by the Attorney- General in lower court cases in¬ volving constitutionality of a fed¬ eral statute. The Senate passed an amendment making this interven¬ tion mandatory rather than leav¬ ing it up to the trial judge to de¬ cide if there was "substantial" reason for notifying the Attorney- General.
3. That three judges shall sit in lower court cases seeking to re¬ strain enforcement of an act of Congress.
4. That the senior judge shall have authority to re-assign judges within  his  circuit.
Lewis contended that the bill was unconstitutional because it denied the rights of a citizen seeking re¬ lief from provisions of a federal atatute.
encounter with the sea shook their heads and marveled. Hardy mem¬ bers of the Coast Guard spoke wonderingly and in tones of awe. Youthful recruits of the Junior Life Saving Corps were stirred to a pitch of emulation that made them long for an opportunity to prove that they, too, could be heroes.
Police Capt. Martin J. Kenny, who in his 20 years on the Long Island waterfront has participated in and witnessed many stirring battles with surf and undertow, cx- _ ,   ,,        ,., ,    ,   ,.,, pressed the sentiment of all when
Guard Also Wounded When ^ he caiied it "the most thriiiing
thing I've ever seen or heard of."
The object of Kenny's praise was 19-year-old Marjorie Murray of Woodmcre, Long Island, who swam four miles through mountainous seas to obtain help for three com¬ panions clinging to the wreckage of a capsized cabin cruiser.
The three indebted to the athletic young blonde for their lives were Arnold McCloat. her 21-year-old sweetheart; Helen McNiff, 19, and John Jancoski, 22, owner of the 27-foot boat.
Eddyville. Ky., Aug. 7 (UP)— Two prisoners were killed, a third was shot critically and a guard was wounded   late   today   when   three
at the Western Kentucky State Penitentiary here in an attempted jail break.
Ezra Davenport. 21, and Rcberf Bcncwitz. 35, were killed instantly by guards. Anderson Allen, a prisoner not believed involved in the attempted break, was shot in the neck and was not expected to live through the Bight.
Roy   Hogan.   40,   a   guard,   was wounded  when   the   escaping  con¬ victs returned the guard's fire. Seiied Guard
Wilson said three convicts, Davenport, Benewitz and Barl Webb, seized him as the prisoners left the prison dining hall.
"They grabbed my guns and forced me to walk toward the gates." Wilson said. "When we got near the gates I made a break for it and the shooting began. The guards dropped Benewitz and Davenport instantly. They cap¬ tured Webb just as he reached the gate.
"Allen was standing in the yard watching the shooting when he was shot in the back of the neck. I don't believe he was mixed up in It.
"Hogan was standing on the wall firing at the prisoners when one of them shot him In the leg, breaking  it."
Wilson said Davenport was serving 50 years for criminal as¬ sault charges, and that Benewitz and Allen were serving sentences for bank robbery.
MAINE PLANE CRASH INJURES TWO FLIERS
Edgcmere last night, unaware that the Coast Guard patrol had warn- an ' ed all small craft to stay in har¬ bor. The launch soon was in dif¬ ficulty and at midnight began to take water. Jancoski passed life preservers around.
The girls bailed while the men attempted to steer the boat through the bulging seas toward the Edge- mere channel. Then a wave higher than all the others collapsed upon the frail craft and pitched its oc¬ cupants into the water.
Miss Murray, the most powerful swimmer of the group, found her¬ self separated from her friends by | waves.    From the crest of one she j saw  the  lights  of  Far Rockaway. j four miles distant.   She struck out toward them, kicking off her beach pajams  and shoes.
For hours she fought through undertow which has vanquished many a male swimmer, through the roughest surf of that section of coast. For long moments conscious¬ ness left her. At times the lights appeared to recede and she feared she was swimming In the wrong direction. Some time during the ordeal, without knowing It, she lost her life preserver.
(Continued on  Page A-10)
of 273 Gardner street. Plymouth, one of the railroad officers named defendant on a technical charge of murder, was released last night at 9 oclock under $20,000 bail. He surrendered yesterday at noon at the office of District Attorney Leon Schwartz in company with Attorney Michael Sheridan, coun* «el for the railroad. He was imme¬ diately held on a charge of mur¬ der and, when bail was not forth¬ coming, was committed to Luzerne County Prison.
Matthews remained in jail until last night, ^vhcn a surety bond waa ! secured for him.   He was taken to a   young   married   man j the   home   of  Judge   Benjamin   R. a  good   reputation,   was : Jones where the bail was accepted ~    " and   Matthews   was   released  with
instructions to appear in court to¬ morrow morning at 10 oclock. As¬ sistant District Attorney Benjamin R. Jones jr., appeared as prosecu¬ tor.
Captain Hennig Also Absent Meanwhile, according to Assist¬ ant District Attorney Dando, coun¬ ty detectives and Pennsylvania Motor Police continued their hunt for Patrolman Harry Carty, who moved to Ashley recently after be¬ ing transferred from New Jersey. He also is named a defendant in a murder warrant. He was supposed to have surrendered along with Matthews but failed to put in an appearance.
At the same time, Dando admit¬ ted he had prepared a warrant for Captain Hennig, local head of Lehigh Valley police, on a charge of being "an accessory." This charge, it was stated waa based on Hennig's alleged failure to re¬ port the case promptly and his alleged part in failing to turn over all evidence and facts to the publio authorities. The di.strict attorney'* offlce last nijrht declared that Carty had not been located and was not sure whether Hennig had been act¬ ually served with the warrant. Basilar's  Gun  Missing
The fatal shooting of Bashar oc¬ curred between 8 and 9 oclock Fri-
PREDICTS END MONDA Y FOR CHRYSLER STRIKE
bush for freight car thieves at Mountain Top. Last night, after a full day of investigation, county authoritioi declared that tomorrow in court they will preu for answers to these questions:
Why Has the kiHing nf Bashar not reported to any other police agency, except the railroad, for nearly four hours after the shooting?
Why was Bashar's gun, wHth which he is said to have opened fire on the railroad police, taken from the scene of the shooting and why wasn't It surrendered yesterday to county authorities?
Why did only one of the rail¬ road policemen surrender al¬ though at least two of them were at the scene of the shoot¬ ing?
Why did railroad police, who were in possession of all the facts, leave the scene before county detectives and Pennsyl¬ vania Motor Police arrived to question them?
Assistant District Attorney .lohn Dando declared last night that he had  filed  a vigorous  protest  with
Division Superintendent Frank I (jay night but it was not reported Mitten of the Lehigh Valley over to county authorities until hour* the failure of the company's police later. At 12:20 oclock Deputy Cor- department to co-operate with | oner Emmet Brislin was notified by county authorities in the mysteri-1 Captain Hennig of the killing^ ous shooting of the Ashley man.     | Brislin was  not fully informed  ol
Dando's formal complaint was | the nature of the case until he wag based on his assertion that while ' taken to Mountain Top by railroad only one of the rkllroad policemen 1 police  and  shown  the  body.  Real-
Trenton, Me., Aug. 7 (UP)—Two fliers were injured, one seriously, tonight when they overshot Bar Harbor airport in dense fog and crashed their plane in Jordan's river.
Though suffering from face cuts and bruises, Rodney Lawrence, about 22,  of Bar  Harbor dragged
Detroit, Aug. 7 (UP) —Richard T. Frankensteen, organizational direc¬ tor of the United Automobile Workers Union, announced tonight that a conference with Chrysler i Plymouth officials had resulted in "a basis j for agreement" to end new auto¬ mobile labor troubles that have made 21,000 workers idle.
Terms of the settlement will be presented to UAWA members em¬ ployed in Chrysler's Plymouth plant at a Sunday meeting and those affected will return to their jobs on Monday morning, the union leader predicted.
Neither side would comment upon the terms of the agreement, but Lester L. Colbert, Chrysler at¬ torney, announced:
"We have agreed with the offi¬ cers of the United Automobile Workers of America and the nego¬ tiating committee on a basis of settlement of the controversy at the Plymouth plant.
"If the settlement is approved by the members of the union the Plymouth plant will go into full operation for all shifts on Monday, August 9.
Union  to  Approve
"We understand from the union officials that they expect that the agreement will be ratified."
"It is expected that the Sunday meeting will ratify the agreement and that all workers affected by the (Plymouth) closing will return at their regular hours Monday," he added.
Frankensteen referred to an esti- I mated    11,000    Plymouth    workers who became idle Wednesday when the company closed the plants fol-
turing Co., makers of Plymouth bodies, and 2,000 employees of Chrysler's Dodge division who had been engaged in  similar work for
unconscious  Hollis Bragdon.  about
25, 150 feet through shallow water \ lowing a scries of fights"
to shore. I    The Plymouth shutdown also af-
Bragdon suffered a leg fracture. 1 fected    an    estimated    8.000    em-
Both fliers were hoepitaliied. plojreei   of   the   Briggi   ManvlfK-
Old Warships
To Be Leased
Washington, Aug. 7. (UP) — Chairman David I. Walsh, D., Mass., of the Senate Naval Affairs Committee, introduced a resolution today at request of Secretary of State Cordell Hull authorizing lease of decommis¬ sioned U. S. destroyers to Amer¬ ican   republics.
The resolution was In connec¬ tion with a specific request of the Bazilian government for lease of six destroyers which are now retired.
Leasing of such vessels by order of the President, accord¬ ing to the resolution, would be "upon application from the for¬ eign governments concerned, and whenever in his discretion the public interests render such a course   advisable."
Terms and conditions of the proposed leases would be pre¬ scribed by the President.
The administration was said to believe that if governments of other American republics de¬ sired external assistance in naval matters it was preferable that aid should be given by the United States rather than oth^ foreign governments. The ministration believed also thai leasing of over-age destroyers would result in their mainte¬ nance in good condition in event of  emergency.
that
had surrendered for a preliminary hearing, two other officers, includ¬ ing Captain Walter Hennig, had failed to appear promptly for ques¬ tioning. Dando also declared that circumstances at the scene of the shooting warranted a deep-rooted investigation of the killing of the Ashley man Friday night along Lehigh Valley tracks at Mountain Top. Patrolman  Edward  L. Matthews
izing the seriousness of the situa¬ tion. Brislin immediately informed his superior. Dr. I. C. Morgan, and Assistant District Attorney Dando, but by that time at least two more hours had pas.sed. Meanwhile, Bashar's gun had disappeared and even last night It had not been turned over to the county author¬ ities. As attaches of the district at* (Continued  on  Page A-4)
Mother Gives Up Claim To Baby She 'Kidnapped* From Mrs. Horst
Chicago, Aug. 7  (UP)—Two wo¬ men walked from an assistant at¬ torney-general's office tonight. One was weeping because she had given I up her last claim to the baby she bore  but hardly  knew.   The  other I was happy—"so happy I feel numb I all  over."  She  had  regained what ! the other lost.
John   and   Lydia   Regan   signed
their   consent   to   the   adoption   of
I the  31-months-old  son  they found
I two   weeks   aga- found   and   then
I risked the law to regain  for their
own.
I    "We think he will have a better home," Lydia Regan said.
"-and more advantages," John Regan added.
Court to Rule Monday Martha and Otto Horst said they would ask the courts on Mon¬ day to restore from St. Vincent's orphanage the baby they had rear¬ ed  as their son.
The two couples paused for a moment together. Mrs. Regan, sob¬ bing   clung to Mrs. Horst's arm.
"I con see him once in a while?" she asked.
Mrs. Horst looked at her husband and nodded.
It was the end of more than two years of hopeless searching for Lydia and John Regan, and the end of more than two ^ean of fear
that   their   baby   might   be   takes from them  for the Horsts.
County Judge Edmund K. Jar- ecki already has indicated he will order Donald restored to the Horsti if they appear before him on Mon< day. 'The Horsts also on that day will submit the formal adoptioa papers.
Given  I'p at Birth
On Jan. fi. 1935. Mrs. Regan gave birth to a baby boy at the home of Fred Ewert. chauffeur and handyman, who had received $7 a week to provide room for her whil* she awaited the child.
Ewert was employed by Dr. John Rose, who delivered the baby.
Less than an hour later, the child was placed in the hands of Otto and Martha Hor.<t ''-reafter to b» known  as   their The   Regani
never   saw   the   ¦    ^    again   until about two weeks i
Last Tuesday afternoon an auto< mobile pulled to a stop in fjont of the house. A man and a womaq alighted and slipped along tha shrubbery to the back of the Hored home.
"Are you Mrs. Horst?" the ma4 asked.
"Is this Donald?"
Mrs. Horst answered yes te ba4k questions and the man wtc^ftj and picked up the obJMi
L^