| The (Jmaha Morning Jee CITY EDITION “ y0L. 54-NO. 201. OMAHA, WEDNESDAY. FEBRUARY 4. 1925. « ~TWO°SnTS‘* — — ' Joe Potach Exonerated at Inquest | Coroner's Jury Finds Police man Shot (»riffin ‘'^liile Discharging Duty as Officer." Tom Kelly Takes Stand 1 Police Sergeant Joe Potach was exonerated of all blame in the shoot ing of Jimmy Griffin by the coroner's jury which Investigated Griffins death Tuesday afternoon. The jury's verdict said that Potach shot Griffin "In the discharge of his . duty." The reason for which Potach was attempting to arrest Griffin was not brought out at the inquest. Griffin Not Armed. Jimmy Griffin hail no gun when he was shot by Police Sergeant Joe ^J^»;ach Sunday night, was the state P^tnent made by Tom Kelly, Griffin s companion. , He made this statement a few min utes after Sergeant Potach had told the jury he shot Griffin because he thought Griffin was going to shoot him. It was the first time Kelly has been allowed to tell of the shooting publicly. Potach was called to the stand to tell his story Immediately after Dr. S. McCIenaghan had testified that Griffin had been killed by a bullet which penetrated the upper part of his right lung. Potach Sticks to Story. Potach reiterated the story told in his official statement to Chief of Po lice Van Deusen. He tolil how he and Detective Ed Vanous had seen Griffin and Kelly in the Packard car, driving near Twenty-fifth and I, street, lie said they had followed Griffin's car through South Omaha to Forty-second and D streets. Here, he said, Griffin and Kelly had hesitated and almost stopped in front of the establishment of Charles I.enchezewski, who was at one time believed by police to have been im plicated In the slaying of "Hank" McArdle. Ether In Ante. Griffin continued, however, to the home of George Kublk, it 4412 South Twenty-seventh street. A few minutes later, Potach said, he and Vanous drove up. They searched the car and found a can of ether. They then went to the door and rapped. Potach said that he warned Vanous to "he care *-*"Why did you warn him?" asked County Attorney Henry Beal, who personally conducted th Inquest. "I knew Griffin's tod record,” said Potach. Potach said there was no answer to their knock, and they opened the door and went .n. Vanous went di re-ctly into the kitchen, where Kelly was standing, Potach stopped in the hallway, and called to Griffin, who was in the dining room. Griffin came into the hallway. Reached for Pocket. "As he came Into the hallway,” said Potach, "he reached for his hip pocket." “What did you do then, or what did you think?" asked Beal. "I shot him," said Potach simply. "I thought he was going to shoot me." Potach was asked if he and Grif fin had quarreled, or if he had called Griffin names, or had struck Griffin with his fist before shooting him. To each question he answered "No." After Griffin was shot. Potach said, he ran out a side door, and fell about 20 feet away. Potach went out to hint, saw that he was badly hurt, anil returned to the house to call for aid. When he returned, he said, he saw Mis. Kublk for the first time. Detective Eddie Vanous was the next witness. He corroborated Po tach's statement in detail, but said that he had not seen the shooting. He was in the kitchen, searching Kelly. Kelly, Griffin's companion, test! fled positively that Griffin had not a gun when they went to' the Kublk home. He said that he did not know ► Griffin had gone to the Kublk home that evening. Griffin had said only that 9 "wanted to talk to George.” Kelly eaid he had known the Ku blks only about two weeks. George Kublk testified positively that (here had been no argument be fore the shooting of Griffin. Gang Holds Up Bank. Kankakee, III., Neb. 3.—Five men held up the Bradley Slate hank and escaped with $5,000. We Have With Us Today finorgn A. Wilson, Secretory of Rexall Clubs, Boston, Mass. Attending the Nebraska state Hex all stores convention, Mr. Wllaon do dared the state of Nebraska 1" the best business barometer for 1025 that he ran find. ‘ Business Is steady and upward," lie said. "But there are always those who are superoptlrnlstlc and because someone says business Is good they sit down and wait for It to come to them. They will be the ones when the year 'loses that are knockers. Business Is good, but you have to go • .srf* arid get It " hr With Mr. Wilson attending the ron yention at Motel Rome are Miss M. I Nellgan, head of Rexall toilet aril rles department, and M L. Blntpson, yVe president and general sales man arer of the United Urug company, which orgsnlxstlon manufacturer* Rexall product* BISHOP REPROVES FUNDAMENTALISTS Chicago, Feb. 3.—The Protestant Kpiscopal church was definitely aligned with the ranks of the re ligious modernists here today when Bishop Charles P. Anderson, speaking at the 88th annual convention of the Prostestant Kpiscopal diocese of Chi cago, lauded the theory of evolution and declared fundamentalists "out of date." "Kvolutlon is more closely In har mony with the leaching of God than (he old-time mechanical concept of the creation of the earth in seven days," Bishop Anderson declared. "Mplscopalians are modernists. We believe that scientific knowledge is a benefit to religion." Conductors and Trainmen Given S§darv Increase • Railroad Labor Board Grants Raise to 2.528 Employes Upon 17 Different Railroads. Chicago, Feb. 3.—The United States railroad labor board today granted an Increase In the wages of 2.528 con ductors and trainmen, totaling some 328.1,183 a year. Seventeen railroads, which are not covered by the agree ment negotiated by the train service brotherhoods in their wage move ment of 1923-1924, are affected. They are chiefly short lines, hut include the Denver & Rio Grande Western system and Its subsidiary, the Rio Grande Southern. The award Is on the basis of the New York Centra; Increase of 5 per cent. The question of rules was re manded to the interested parties for further conference. The hoard is sued the opinion that the railroad companies \yere entitled to relief from alleged burdensome rules, hut said the changes In rules agreed to on oth er properties were not in Its records The increases In wage rates became effective February 1, 1925. The railroads affected by the de cision are: Ann Arbor Railroad company. Bangor A Aroostook Railroad com pany. Central Indiana, Railroad company. Chicago. Indianapolis A Louisville Railroad company. Cincinnati, Indianapolis A Western Railroad company. .Denver A Rio Grande Western Rail road system. Rio Grande Southern Railroad com pany. Detroit A Mackinac Railway com pany. Green Bay A Western Railroad com pany. Kansas City, Mexico A Orient Rail way company. Manisttque A Lake Superior Rail road pompflny. Midland Valley Rtilroad company Mississippi Central Railroad com pany. New Orleans, Great Northern Rail road company. New Orleans Public Belt Railroad. Toledo, Peoria A Western RailwaJ company. The board excepted from the de clsion the Minnesota, Dakota A West ern railway, on the ground that the transportation act had not been com plied with by the employes in nego tint ions. The management had con tended that the wage dispute had nr't I men submitted In conference In the form in which it was submitted to the board. Texas Bishop Will Fill Vacancy in Washington Tacoma, Wash., Feb. 3. The Rev. S. Arthur Huston of San Antonin, Tex., was elected bishop today by the Episcopal diocese of Olympia to fill the vacancy caused by the death of the Right Rev. Frederick Keator. Three nominations were before the annual convention of the diocese. Those nominated were the Rev. H. W. Van Allen of Boston: the Rev. S A. Huston of San Antonio, Tex and the Right Rev. Theodore T. Thurs ton, bishop of Oklahoma. The diocese has been without s bishop for a year. New Judge Imposes Heavy Penalties on Bootleggers Ponca, Feb. 3—Mark J. Ryan of Pender is meting out heavy penalties at the beginning of hla career aa district judge. In district court here several who were convicted of boot legging and unlawful pnssesslon of stills were sentenced to three months In Jail and fined 1500 each. K. C. Zietler, Kcrmtt Zletler, Charles rich and C. O. Edwards were convicted of violation of the liquor lawa and sen tenced. Cedar River Bridge Damaged by Flood Being Repaired Columbus. Feb. 3.—Boons county commissioners have begun the work of Raising the bridge across tbs Cedar river north of Cedar Rapids, which was thrown out of line during the flood last spring when one of the piers was undermined by water and sank two or three feet. The repair work Is being made at this time be cause Ihe frozen surface of the river facilitates the operations Married in Council Bluffs. Th* following peraona obtained me»rl iigfi Iteenim*i< In Council Muff* y***l'**1*y Ka v perry. * »»*>■ bn .... 11 tafffcha Alfred Koerlck. KrlcWaon, Neb . J* llitniiiih Hanford, lOrlnknon, N#l» . Theodor* K. Wlmm»r, I.lmoln. N#t>. .. 24 M*• j« Muller, Telinage, N*h .21 Murry I*. <1 r<»t•*, Council Hluff* ... *’2 Kilim Mae M*ld. Council Hluff*.2l ,lo« H Ward oil. Omehn • *:l Marie Waugh. Valley, Neb : Jam** Pl*rr* Rlnux City I*. . - nianrhe Devjg. V*r*alll*a. Ill .10 Richard .fohnaon. Omaha ’’ Gwandole Jon**. Trenton. N J . 20 Walter Chapin Halting* la }’ Haiti) IJkJJBI*. 11 W K MO3 30S ^3l Chief of Air to Explain Secretary of War Aroused by Statements of Mitchell on Aircraft and May 1 akc Latter’s Job. Startling Stories Told Washington. l"’eb. 3.—Brigadier General William Mitchell, who has become the stormy petrel of a row among army and navy officers over the relative importance of aircraft in warfare, must explain to Secretary Weeks some of his reported state ments about tbe prowess of the aero plane. The secretary revealed today that untirsuch an explanation L* received he will defer n decision on the reap pointment of General Mitchell as as sistant chief of the army air setvlce. If the decision is against reappoint ment, the officer will lose his tem porary rank as a brigadier general and revert to the grade of colonel. His term at his present post expires March 26. Weeks Not Specific. Weeks would not go into details about the statements of General Mitchell he wants to have explained, but it was indicated the War Depart ment's chief concern was not so much directed to expressions of per sonal opinion as to what the general has been quoted as saying in rela ting supposed facts to a house com mit tee. Something af a stir was Treated by the general a few days ago when he declared that recent air bombing ex periments had so badly Jarred a bati tit-ship a mile and half away from the explosion that she had to limp into port. Secretary Wilbur promptly pre sented the committee a statement by the commander of the ship in ques tion flatly denying the story. Bombs l/oadcd.Witli Sand. Later General Mitchell told the committee that officers were afraid to tell the real truth about the effi ciency of aircraft and that officers who gave testimony contrary to the views of superior* were likely to be disciplined, "indirectly.” He was ap pearing in favor of the Curry bill, proposing creation of a unified air service, a measure opposed by both Secretary Weeks and Secretary Wil bur. The controversy Is aUi'WlsM in creasing attention in congress, where the views of General Mitchell have been used to support a campaign for more aircraft and for the Curry uni fication bill. On the house floor to day Representative McCllntlc, demo rcat, Oklahoma, quoted the general a* having said that army airplanes could have sunk the hull of the bat tleship Washington in from two to four minutes. The Oklahoma repre sentative declared he had been in formed unofficially that bombs load ed with sand had been used by the navy planes which made the attack on the Washington. SHERIFF REFUSES TO RESIGN PLACE Marlon, 111., Feb. 3.—Sheriff George Galligan late today refused to accede to the demand of the Williamson county board of supervisors that he resign. The hoard offered to pay him $4,400, representing his salary for the remaining 22 months of his | term. MARIE VETSERA’S MOTHER IS DEAD Hy I nlrfnml Vienna. Keb. 3.—Darone** Vetfieni is dead here at the age of 78. Hhe was the mother of Marie Yet sera, who was found dead at Meyerlim? in ISkO with the crown prince of Aus tria? Ten of Schooner's Crew Picked Up From Lifeboat Bremerton, Wash , Feb. 3.—Ten men of the echooner Caoba were picked up by the eteam echooner Hanlfy late today In a lifeboat In the.j Pacific ocean off Gray* Harbor. Wash., stated a wireless message from the coast guard cutter Algon quin, received here. The men were believed to be Capt. Alfred Hnndvlk and nine of the crew of the Caoba which went adrift Sun day, 50 houra before the Hanlfy found the llfelsjat. The Algonquin said that the schooner Thomas F. Ral had the Caoha In tow bound for the Columbia river. Big ( volrl Consignment Swells Kxport Movement New York, Feb. 3.—Gold consign ments of mors than $10,000,000 were added today to the heavy current ex port movement, swelling the Febru ary total to above $13,000,000. Most of today's shipments were scheduled for India and Australia with small engagements announced for F.urope ami Columbia. With last month's gold shipment* from the United .Slides approximately $#0,000,000. I he total export move ment, which began last year, now exceeds $110,000,000. "VioimiM ^ ho AI tuck ct I Cliilil Adjudged Insane Heat rice. Feb, :t Mrs. Hose Young of this dly was andjudged Insane and taken to the state hospital hy Sheriff Hulling. She was taken Into custody hy officers after she had at tacked her little child at their home on South Ninth sliest Mrs Young Is 25 years of age. She and her hue band ate tepeitiled. Tattered Old Letter Saves Woman From Burial in Paupers Grave Husband and Stepdaughter Disappear En Route to Home in Alabama and Body of Tuberculosis \ ictim Is Held in Colorado 1!S Days Behore Identification Is Established. Denver, Colo., Feb. 3.—A 10 year old letter, tattered and yellow with age, saved Mrs. Loretta Downs of Birmingham, Ala., and daughter of a well-to-do Domitt (la.) family, from burial in a pauper’s grave here, it was revealed today. Mrs. Downs, who died here of tuberculosis January 15, managed to gasp out an almost incoherent tale to a priest just before the end came. She said her husband and stepdaughter were en route to Den ver from Birmingham in an auto mobile. For 15 days her body was held in an undertaking establishment, but no word was received from Birminghn m. Searching among the dead wom an's effects, the letter was found. It was .written by P. S. Judge, then an attorney at. Domitt, la., and conveyed to her a partial settle merit o ft he $00,000 estate of her father, the late Patrick Gorman, Iowa farmer. Undertakers sent a letter to .Judge at Domltt. List Sat urday the letter, having traveled to Iowa, reached Denver again, where Judge is now practicing law. lie Identified the body and wired to relatives for money covering fu neral expenses. Today the body was shipped back to her old home in Iowa. Gathered about the cpffin at the station were a hrother, Joseph Gor man, of Elizabeth, Colo., and 11 women, girlhood friends of the worn an and now' residents of Denver. She is survived by two sisters at Cedar Rapids, la., and numerous relatives at Domitt. No word has been received from Downs nor the woman's stepdaugh ter and it was feared here today that they had met with an accident en route. Nebraska Girl Sought in Iowa Mary Pappas Leaves Grand Island Home Mysteriously Sunday; Seen in Iowa. Special Dispatch to The Omaha Bee. Cedar Rapids, la., Feb. 3.—Miss Mary Pappas of Grand Island, Neb., who has been missing from home for the last 10 days, is not in this city, unless she Is in hiding, police say. Police have been conducting a quiet search for the girl sinue Sunday, when it was reported she left Iowa City either for this city or Mason City. Iowa City polire say a girl answering Miss Pappas’ description! was seen on the streets there last Wednesday and was seen again Sat urday. Mason City polite said today they had been unable to obtain any trace of her. Just why she left lmm? police tip not know'. The alarm was sent out by John Pappas, sr., her father, and also by her brother. Only a meager description was fur-„ nished. except as to the kind of clothes she wore when she left home. Police have a suspicion that she is mixed up in a love affair. ENGINEERS MEET AT ICE PLANT Members of the Omaha chapter of the National Association of Practical Refrigeration Engineers "ill meet to night at the municipal ice plant. Tfie meeting will he addressed by C. D. Robinson, chief engineer. The association Is conducted in the hope of aiding practical engineers In more completely maetering their vo cation. H G. Venemann of the Baker Ice Machine company le president of the organization. R. Branham of the Pa eifle Coast Fruit Express company is secretary and Fred Melehoir Is treas urer. George 0. Fairchild Choien Head of Kearney Chamber Kearney, Feb. 3 -Kearney Cham ber of Commerce annual election wan held Monday. George <>. Fairchild wan elected president, J. H. Dean j treasurer and Father Stork Kroger secretary, the latter to serve tier sixth consecutive year. The office of vice president was abolished by a constltu I ttonal change, the chairman of the executive committee officiating in that capaclt y in . 3.—The discovery of n new source of supply of radium has been reported from the town of Holtsl.Iunga. the Province of Holland, on the west coast of Sweden. If early Indications are fulfilled, this may be on* of the richest find* yet made anil exploitation will b* begun Immedi ately. M. W. A. Camp Reorganized. Bridgeport. Feb. 3.—Hemming* ford's M. W. A. camp, that has pot been meeting for a year, because of the fire that destroyed Its hall and paraphernalia, has been reorganized by Deputy Council BK-knoll of A1 I lance, and will meet regularly In I. U. O. F. ball In the future. The head camp has promised to assist In getting uniforms for the forpstei team. K, E. Pierce has boon elected consul; R. A. Colvin, clerk. Eeon Grace, svorthy adviser, and J. L. KlndrlcV, banker. Senate Passes Bill on Supreme Court Powers Washington. Feb. 3.— A house bill changing I ha Judicial coda was passed by the senate today, with amend .ments. and will go to conference. It is designed to speed up the work of the supreme court by enlarging its discretionary power in determining what cases it will consider. Triple Tragedy. Sheboygan. \V||. Feb 3 ('baric* Ifochnkc. n9 shot hi* wife yesterday, and, after running .1 him V down the street, killed himself A third death was added Its the lint when physician* operated unHiine**full\ on hi* wife In an effort to hji v «* their unborn i hlld I ,u( iuardia 11 old- Seal Washington, Feb, n Without d< hate or a dissenting vote the holies declared Representative I .a Guantla, republican. New York, entitled to hi* sent, which wap contested by Heni) Frank, his democratic opponent* Keith County Audit Sought Tax Payers’ League Organ ized in Ogallala to Cheek Hooks. Special Hlnpatch to The Omttiin Bee. Ogallala, Neb., Feb. 3.—County of ficers of Keith county are about to have an opportunity to explain the correctness of their accounts. This morning a group of 70 repre- | senfatiw citizen.*, mainly farmers anti ranchers, gathered at the theater building here and organized the Keith County Tax Payers’ league. After the league was organized a meeting was called for this afternoon at which the county officers were re quested to be present. At the second meeting a resolution was presented and adopted to ask for anti conduct a thorough audit of the county officers’ books. The league was organized along the lines adopted by the Lincoln County league. William E. Shuman, chair man of the Lincoln county body, was present to aid in the organization. J. W. Pissell of Ogallala was elect ed temporary chairman, and Roy Johnson of Keystone was elected tem porary secretary of the organization. The proposed audit of the county books will cover a period of several years. M’COOK PASSES CLOSING LAW Special Dispatch to The Omahn Ber. Me( ook. Neb , Feb. 3—The Sunday '•losing law carried at an election here today by a majority of 49 votes. The law provides for the closing of moving picture shows on Sunday. More than 1,900 votes were cost. A1 C. Smith W ins Columbus City (.boss Championship Columbus. Feb. i—Al C. Smith, one of the owners of the Dolly Tele, gram, won the city rhp«n champion ship In the annual tournament which closed four day session here yes*-, terduy. Pert Phillip*. assistant cashier of the Central National brink, ichampion the past two years, wan runner up. .fudge Louis Light ner of the Sixth judicial district, finished In third place. Sidney Churches to Aid in Law Lnfnrcemenl Sidney, Feb. 3.—One minister and a layman for every 1U0 member* of a congregation f* the representation decidfd upon for the newl\ organized Ministerial association of Sidney, that will assist the officers in enforcement of all laws. Rev. Samuel Light is temporary secretary of the organisa tion. Number of Freight Cars in Need of Repair Decreases Washington, Feb 3.—A total of 187,310 freight cars, representing 8.2 per cent of the number on line, were In need of repair on January 15. This was a decrease, the American Rail way association announce*! tonight, of 3.089, com pit red with the number reported on January 1. Pioneer Blacksmith Dead. Red Oak. la . Feb. 2.—Private fu neral services for Oeorge It. brown. 7S, one of Red Oak's eldest business men, were belt! Sunday at Rnlleau d fThoma* funeral parlors. Mr. Prown cams to Red Oak from Illinois In 1870 and has since conducted here a wagon and blacksmith shop. He Is survived by two sons. H F of Oak Park. Ill . and M R of Red Oak. Mr. Rmwn was a member of all the Mn sonic bodies. Large Damage Suit Filed. Independence. Mo . Feb 3 A suit for damages, alleging unfair conipetl tlon. aggregating 59 000,000. said to be the largest ever died In Missouri, was filed In circuit court by the Klee trolltlc Chlorine company against the Fleetrh (I ts < ompany of Now York Sfiirttr lloont* HntlgPl. W ashington |>Vh 3 The Mil mak lug appropriation* for the State, | Justice. I'nrnnu'irr and Labor depart ment* w.ih ie|*irted by the senate appropriations committee, after 5180. ooo had Wen added to the 571.000,000 approved hv the house. Boxing I jim in kiiti*ji9. Topeka, Kan . Kelt. 3 A lull to per mlt and regulate boxing In Kansu# was introduced In the state senate and bouse Ho use Bars Measure on Postal Pay Bill S«-nt Back to Senate l»y Vote of 225 to 153 Under Constitutional Technicality. May Die in Committee Washington. Heb. 3.—By a vote of 225 to 153, the house today sent back to the senate the postal pay and rate increase bill, on the ground that the measure infringed on its exclusive right to originate revenue legislation. With the way barred to house ac tion on this proposal, the house post office committee immediately set out to drafe a salary rate bill of its own with republican leaders planning to bring it to a vote before the end of the week if agreement can be ob tained as to Its provisions. The committee went into executive session tonight with members pre dieting that a measure similar in its main provisions to the senate bill as it was reported from committee would recejve approval. In this event, leaders are pledged to give it right of way under a rule limiting debate and shutting off amendments from the floor. I/nigworth Joins Green. Joining with Chairman Green, of the ways and means committee, and Representative Garrett, the demo cratic leader, in urging passage of the resoluton which returned the pos tal hill to the senate. Representative Longworth, the republican leader, said such action would pave the way for final action at this session on a salary and rate measure. He declared lie favored bringing a hill to a house vote, hut insisted it would have to provide for more revenue than it was estimated the senate bill would raise. "There's no use passing a hill," he told the house, "that the president won't sign.'' At the White House it was made known that President Coolidge felt that rate provision* of the senate hill would yield insufficient revenue and was looking to the house to take care of this angle of the problem. The bill used by the house postoffice com mittee as a hast* for its deliberations carries the same pay Increases as proposed In the bill vetoed last year by the piesident. wiih the rate pro visions drafted In accordance with recommendations of the Postoffice de partment. Hack lo Committer. When word was conveyed to the senate that the house had declined to accept the postal bill. Senator Moses, republican. New Hampshire, presiding, referred the proposal hack to the i»i«toffice committee. There. It was predicted, the measure will re main, although there was some talk that an effort might he made to pul It through the senate minus its rate provisions, leaving it to the house to insert them. It was generally agreed, however, that If It becomes apparent th t the house will have a hill of its own which will come to a vote within a few days nothing could he gained by reviving the senate proposal. Party lines in the housp were shat tered In the roll call vote on the resolution to turn hack the senate hill, even the Wisconsin delegation, which usually votes solidly, splitting on this Issue. Stone Will Try to Knforee I.aws on Alaska Frontier Washington, Fob 3.—Attorney General Stone has begun a study of the situation in Alaska with a view to tfetermlnlng what can t>o done to improve hive enforcement conditions. The attorney general, 11 was said today, has inquired Into conditions far enough to convince hlntself that "Alaska I* a very tvad spot" with re spect to law enforcement. He Is aware that frontier renditions natu rally are reflected In the general situation, but he believes much Im provement can be accomplished and It wai indicated that a department agent might he sent to Alaska to ob tain information *t first hand. Stoke? to Trial Upon Charge of Conspiracy Chicago, Feb. 3.—W. K. P. Stokes, millionaire hotel owner of New York, will go to trial tomorrow charged with conspiracy to defame his wife, Helen Klwood Stokes Mr. Stokes Is alleged to have plotted to obtain false and damaging evidence in con nectlon with his six .tears' litigation for divorce. Daniel Nugent. New York attor net. Mr Stokes' cqunael tn the ril vorce proceeding. Is his co defendant. Tart of the alleged false evidence figuring In the allegation of conspir acy Is said to have represented Mrs. Stokes as a hahltus. before her mar riage, of a then notorious Chicago resort. Wife Charge? lltishami With Inhuman Treatment Madison, Feb. 3.—Anna Fuhrman of Norfolk has filed in district court of this county petition for absolute di vorce from chsrles Fuhrman. exclir site custody and control of her two minor children and for alimony for the support ami maintenance of her self and minor children. The plaintiff alleges ns grounds for i-lton Inhuman treatment, assault and threats to lake the lift- of the plaintiff l‘ai l Carroll III. Halllmore, Feb. 3 Karl Carroll, theatrical producer, who wan taken to John* Hopkins hospital last night suf taring from a heart Attack, was r#» ported to havii iwisssd s itstful night. His condition, bowavrr waa regarded at atrlour H# ia 32 WHEAT BREAKS IN MIDSESSION Chicago, Fch. 3.—Wheat for May de livery broke sharply here today about mid session when the market touched *1.93% a bushel, showing a decline of 5%®6 cents, as compared with the previous close, and a difference of 12% cents, compared with the sea son's top record reached Inst week when wheat for May delivery sold at *2.05%. The market recovered as bullish sentiment appeared toward the finish, however, and the close was %«1% cents down, with May. >1.9 <%@ 1.98. No Extra Session of Congress for Farm Relief Lawsj — j Coolidge Believes Matter Is Entirely in Hands of Legis lators to Art I pon Before March 4. Washington, Feb. 3.—Responsibil ity for enactment or failure of legis lation to aid the farmers is regarded by President Coolidge as now resting entirely In the hands of congress. The president’s position, as made known today at the White House, is that, having submitted through the report of his agricultural commission recomniendations as to farm legisla tion. and given congress five weeks to consider them, it is up to congress and particularly its agriculture com mittees to obtain enactment of legis lation before adjournment March -i. Failure to enact bills based on the agricultural commission's reiiort will be regarded by the president as evi dence that the congressional commit tees entrusted with farm legislation do not regard the present farm situa tion as of an emergency nature and accordingly he will not be disposed to call an extra session of congress to consider such legislation. Committee Adjourns. Some nifmliers of congress, holding that passage of farm aid bills is im possible in the four remaining weeks of the present congress, have pro posed that the president call a sp« dal session of the new congress after March 4 to take up such legislation. This, it was made plain, Coolidge lias no intention of doing. The agriculture committee of the senate and house met separately to day l>efore the pronouncement of Coolidge s view s. The senate com mittee, meeting to begin hearings on the basLs of the agricultural com mission's report. adjourned until Monday without calling any wit nesses Chairman Norris announced It was decided to hear members of the commission first and, as most of them had returned to their homes during a temporary recess of the commission, nothing could be done until next week Two New- Measures. Hearings were continued bv the house committee with Repjresenta tive Williams, republican. Michigan, explaining his revised co-operative marketing bill designed to cairv out the agricultural commission s recorr. mentations. The oommtttee decided to hav> drafted for use as a basis of consideration a bil lembedying all of the commission's recommendations excepting its suggestions relative to the tariff. Two additional agricultural bills made their appearance during the day. Chairman Haugen of the house agriculture committee presented a measure containing some of the fea tures of the McNaryHaugen surplus marketing bill, which the agricultural commission refused to endorse. Sen ator •'upper, republican, Kansas, re introduced his bill creating a federal co-operative marketing hoard such as has Iveen recommended by th pros! dent's commission. Americans Snap l p French Bond Issue Within Hour Paris, Feb. 3.—The snapping up of a $20,000,000 bond issue of the K-t Railroad company today by American investors inside of an ho^r was gi\cn great prominence by all the financial newspapers issued after the closing hours of the bourse today. One newspaper says: "The crisis of France's credit with the United States is ended." It is added that the declar allon of Premier Herriot and Ambas sador Paeschner concerning the set tlement of interallied debts is re sponsible for the renewed confidence manifested toward France by the American public. York Board Settles Claims. York. Feb. 3—York board of educa tion, through a committee Appointed for the purpose, has effected a com promise settlement with Herkinghof and l'avis. Architects of Lincoln, on their claim against the «*. hoot dis trict and Avoided a lawsuit. The firm uaa suing for $4,245 for Architectua! services in building school houses in York A settlement was made for $3,185. a saving to the district of $2,181. Gasoline Tax Increased. Nashville. Tcnn., Fab. S —(i x a: no Paajr signed the bill more. sing th* tax on gasoline sales from I to S rents a gallon The new tax goes Into effect Mondnv Textile l eader Dies. Boston, F«b. S William II. Wei llngtnn, In. a well known figure In the iextlle Industry, died The Weather | ' For ?4 hours uniting ? |* m FVhru*r \ i I'rrolplUIUm lu.hr* *n«t hun.lre.lt h« Tot* l o o total *tn> • .Uttutrv 1 t >4. Mi lN, 0 0* Hourly 1>ltt|i^rNlttrr* Hum -t t ». m 41 • • t»r ...... ? J I p m 4.1 Turn ... * T S 0 w * * • • W JT 4 v- m 4 • • m 4A S V m 44 I « n m .U * l' m . 41 il i m T r w 41 II noon tMtMM.U I I' m... •••*•• 4t Pinned Man Loses Hope of Rescue Workers Make No Progress After Hours of eary Laiior; Trapped Man Prays Constantly. He Pleads for Companion By Aatorlated Pren«. Cave City, K.v., Feb. 3.—His hope* of being rescued alive gone, Floyd Collins. 36. trapped in Sand Cave, near here, since Friday morning, has been praying constantly for several hours, rescue workers reported late today when they emerged from four and a half hours' weary lulior at widening the passageway from the cave en trance. Collin* repeatedly asked that some one remain in the cave with him and pleaded for his chum. John Gerald*, according to Nelson Jonea, a miner, who was the last man to leave the cavern, this afternoon. The dozen men in Jones’ party made little prog ress between 10:30 this morning and 3:15 this afternoon In widening the cave and none of their work was done in that section nearest the imprisoned man. Guardsmen to Scene. Right members of the Kentucky National guard, under command of two lieutenants, left Smith Grove for Sand Cave with the intention of as listing with such excavation as is being done. No progress has been made toward removing the huge sandstone boulder which clamps Collins' leg Into a crevice and prevents efforts to pull him out of his prison. The cave is little more than a hole at the point where Collins was caught and he is pinned, half erect and half in a re clining position, face upward toward what portion of that aperture ia not occupied by his own body. No one has been ablg to reach beyond his knees to determine just how securely he is imprisoned. Prisoner Eats Soup. A dozen workers went in this morn ing to deepen and widen the passage way to Collins. Only nine of them went farther in than the first ’ squeeze" and Jones was the onl> worker to reach the victim. Jones carried soup with him, which he said Collins took. There wa« nothing to be done but remove bits of earth and rock which had fallen about the pros trate man. Shortly after the eight guardsmen left Smith Grove a telegram was aent Governor Fields asking for troops to maintain order in Cave City. The request emphasized that no disorder existed at present but that the situa tion lacked orders. Chum Prostrated. Geralds, for whom Collins ha* been calling, has worn himself out in his four days of fruitless rescue work and is reported to be under the care of a physician. An attempt to bore through the hillside into the cavern by which it was hoped to reach Colline from be hind and thus get at the rock which bear* down on his leg. was abandoned upon advice of workmen within the cave. Those underground at the time asserted that there was danger of falling rock crushing or imprison ing them as a result of being loosened by vibration originating from the out side. Battle Creek. Mich., Feb. S—The congregation of the Central Christian church here united tonight with Rev. George IV. Titus In a special prayer service for Floyd Collins, Imprisoned In Sand Cave K.v. A general prayer service, bringing together all de nominations of Battle Creek. Is being arranged. Vi estinghou»e Checks for Dividends Stolen Pittsburgh. Keb. 3 —The number of dividend cheeks of the Westinghouse Airbrake company, stolen from the Pittsburgh postofflce "will not exceed •W." S C. McConahey, treaaurer of the company, declared in a abatement Issued late today. The number, the statement added, affecte "only a small proportion of our stockholders.' ----— Summary of the Day in Washington Senator Mayfield, Texas, was seated by the senate The house sent the postal pay and rate increase bill back to the senate New lie.rings were ordered by a senate committee on the MoKadden national hanking MU. A federal grand Jury began hear irig evidence in the new proceedings in the Wheeler raee The house foreign affaire commit- , tee approved a resolution favoring Vmerican world court adherence. The German commercial treaty, with resei xatlone, was approved by the senate foreign relatione commit tee A resolution for a federal oommls sion Inquiry into control of the power Industry xxas repxxrted by a senate committee. The house xmmmittee on alcoholic liquor traffic reported It had ftouml federal penal tics for prohibit ion x U> lalions inadequate. President iVolidge xxas said at the White Mouse lx' have no intentixxn of j calling an extra session of pong teas to con aider farm legislation It xxas irx.-aled that reappointment of IPtgidtr: General MHchell a» si sietant chief of the army air service xx111 Ixe .iefsried until he explains x-et lain ■ airmen's legaidma abtUU ot the aiiplan*.