The Baltimore Sun from Baltimore, Maryland • 22

THE SUN. BALTIMORE, SATURDAY MORNING, JANUARY 29, 1919 r.r,E 22 Income Tax Cut Plans Stymied In GAPT. HOLMES ACQUITTED IN PRISON CASE Cleared By Army Court WASHINGTON MAN NAMED TO CHELTENHAM National Training School Official, L. J. Veney, To Head Institution ny ANNK W.

H1SOV Antmpnlis Ihtrcnu of The BYRD ADMINISTRATION UPHELD BY BOARD OF MARYLAND UNIVERSITY Regents Express 'Satisfaction' With President's Work, Attack Series Of Articles In The Sun On Institution's Affairs 4 FINED FOR CONTEMPT IN RADIO BROADCASTING OF DETAILS ON MURDER Three Stations And Editor Convicted Of Violating Supreme Bench Rules; Owner-Operator Of Essex Outlet Is Acquitted Three local radio stations and a news broadcaster were convicted and fined yesterday on charges of contempt of court in having violated the rules of the Supreme Bench of Baltimore. Judge John B. Gray, who rendered the decisions In Criminal Court, imposed fines of S500 and costs on the By THOMAS i. DONNEIX I Sun Staff Correspondent! College Park, Jan. 28 After two lengthy executive sessions, the board of regents of the University of Maryland issued a statement today expressing satisfaction with the administration of Dr.

H. C. Byrd, president of the university. The board also attacked the accuracy of a recent series Summary Of Decision of articles by Thomas O'Neill concerning university affairs, which appeared in The Sun. Editor Note: The full text of the board of resents statement appears in an adjoining column.

The board asserted any implication that Dr. Byrd requests the Legislature for maintenance or capital-improvement funds as he wishes "is not consonant with the facts." Board Satisfied By Work It was stated also that the board is entirely responsible for the policies of the university grid that Dr. Byrd "has worked with and to the satisfaction of the board of regents." The board stated that in the In finding three radio stations and an individual news broadcaster guilty of contempt of court in Criminal Court yesterday, Judge John B. Gray: 1. Gave as grounds for his decision the creation by the guilty parties of a situation of "clear and present danger" to and "actual obstruction" of the administration of justice.

2. Decided that Rule 904 of the Supreme Bench of Baltimore, restricting publication or broadcast of certain information in pending actions was, in most of its provisions, a valid rule. 3. Declared invalid, as contrary to the First Amendment of the Federal Constitution, one section of Rule 904. 4.

Found that the courts of Mary-1 land have an "inherent" right to impose punishment for contempt. 5. Agreed that Rule 904 is an "abridgement" upon the press, but found it justified in the interests of fair and impartial trial. 6. Said that Rule 904 did not impose censorship of news.

7. Declined to decide, as outside the scope of this case, on the ques tion of circulation in Baltimore of out-of-town newspapers containing information unpublishable locally under Rule 904. 8. Held that radio stations, though engaged in interstate operations, are liable to "reasonable" local policing. Mercury Hits 70 But Cold Is Due Yesterday's abnormally warm weather reached a high of 70 degrees at 5 P.M.

and In so doing equaled the record high for the date, set in 1944, -the Weather Bureau here reported. The bureau said this was 12 degrees above normal. At the same time, however, it predicted that the springlike weather would not remain long. The bureau expects the mercury to dip to near 30 in the city today and lower in the suburbs. Tomorrow it is expected to drop to the mid 20 s.

The end of several days rain, however, was in sight, the bureau said. It predicted clear and sunny skies for today and tomorrow. An explanation for the weather was that a cold mass of air in the mid-West had pushed southward across the plains to Texas rather than eastward. Whenever this happens, the bureau said, Baltimore always gets high temperatures which ride southwest winds across the mountains. Fresh strong winds from the West will drive the mercury down tomorrow.

Hit-Run Auto Kills Man On George Street Struck by a hit-and-run automo- bile last night on George street near Perkins street, Michael Scott, 47, Negro, of the 700 block George street, was pronounced dead on arrival at University Hospital, police reported. Witnesses said that Scott apparently fell from the sidewalk into the path of the car which ran over him. The car, a 1947 sedan, continued without stopping. Committees S( nalor Storm proposal, suggestions for postponing the State income-tax deadline 30 to 60 days to ease pressure for early action and debate as to the advisability of tax cuts before the full budget pic ture is available. "I just wonder," Senator Ellison Fourth Baltimore) said on the latter point, "whether it is advis able to take immcdintc action at this time when we do not know what the revenue needs will be for the supplemental budget.

$20,000,000 Surplus Cited "A considerable amount of money may be needed in connection with the mental institutions. We don't know how much. Perhaps we should raise the rate from 2 to 3V2 per cent if we can." Senator Carter Baltimore) reminded him that "we have or more in the surplus" which could be tapped for budgetary purposes. "Hut the Governor said he wants to use the surplus for capital im provements," Senator Ellison said. "That's the point," Senator Car ter objected.

"Are we just going to sit' here and go along with the Governor?" Would Grant Lane Request "From the practical point of view, when the Governor says he wants something, we give him what he wants," Senator Ellison replied. "Maybe some of you will, but I won't," Senator Carter assured him. Senator Monroe Charles) offered this question: "Don't you think it's time someone in politics started looking out for the taxpayer and reducing some of the load he is carrying?" That is "to be wished," Senator (Continued on Page 4, Column 4) DIVORCE MEASURE HELD UP BY HOUSE Delayed Until Tuesday After Skirmish At Annapolis By E. T. BAKER 3D Annapolis Bureau of The Sunl Annapolis, Jan.

28 The House took up the McGrath divorce bill again today, found it too hot to handle and, after trying to dispose of it, made it a special order of business for Tuesday. The parliamentary skirmishing proceeded so swiftly that there were four motions before the House including one to adjourn before the delegates voted on any of thorn. One was lost in the shuffle. The House had adopted favorable committee reports on seven other bills when the Judiciary Committee reported favorably on the divorce bill as amended overnight. The bill, introduced by Delegate McGrath Prince Georges), would make imprisonment ground for divorce.

The Judiciary Commit tee first reported it favorably yesterday, but after a prolonged de bate it was returned to the committee to be rewritten to require eight een months imprisonment (in consequence of a sentence for three years or longer) instead of six months. Proposal Voted Down Today's fight began when the first of the amendments approved by the committee was put to a vote. This amendment, first reported yesterday but not challenged at that time, would provide that im prisonment for any crime, not onlv a felony, be ground for divorce. The voice vote was weak. "The noes seem to have it." Speaker Sybert said.

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Sat. ii Sun. after 12. money talks Annapolis, Jan. 28 State in come-tax reduction proposals re mained stymied today in commit tees of both houses of the General Assembly.

The bill introduced by Delegate Sklar Fourth Baltimore) to cut the rate on earned income from 2l2 to 2 per cent failed to come out of the Finance Committee of the Senate, where it was recommitted yesterday for a hearing on a pro posed amendment. In executive session, the Ways and Means Committee decided to hold for further study bills to increase the allowance for dependents and reduce from five to two per cent the rate on taxable investment income up to $3,000. Favorable Reports Voted Favorable reports on these bills were voted yesterday. It is understood that Governor Lane asked the committee to suggest budget cuts to meet the revenue loss of $2,145,000 estimated to result from the proposed legislation. Joseph O'C.

McCusker, chief deputy comptroller, told the Senate Finance Committee that the income-tax office, because of the approaching April 15 deadline, was "getting in worse shape all the time." "Each day's delay is really hampering our operations," he said. Wide Field Covered The main business before the Fi nance committee was consideration of an amendment proposed by Senator Storm Frederick) to cut the investment income tax rate from five per cent to two per cent on the first taxable $1,000. Before the meeting was over, however, discussion had ranged over a wide lieid. including questions as to the constitutionality of MORE HELP URGED Senator Ellison Addresses Maryland Hygiene Society Public pressure on Governor Lane demanding deficiency appro priations to meet immediate needs in the State mental hospitals was urged last night by State Senator Daniel Ellison Fourth Baltimore). Speaking before the Mental Hygiene Society of Maryland at the University Hospital, Senator Ellison reminded 58 hearers that any annual budget which may be adopted by the Legislature will not become effective before July 1.

He said he believed Governor Lane would submit a supplemental budget allocating more funds to the hospitals after current investigations are complete, but that money from the regular and the supplemental budgets could not be used before the beginning of the new fiscal year on July 1. Proposals Approved "Therefore several months would elapse before those funds could be used to relieve acute hardships," he said. "Only a deficiency appropriation made as the result of con centrated public demand could bring speedy action to ease imme diate needs." During last night's meeting, these proposals were approved: 1. Sending a delegation to call in person upon Governor Lane to urge more funds for the hospitals through whatever legislative procedure is required. 2.

Sending letters to Governor Lane and other State officials to the same end. 3. Formation of a council of civic organizations to give service to the hospitals either by way of gifts of supplies or gifts of services. Recruit More Members 4. Recruitment of more members for the Mental Hygiene Society and larger attendance at meetings so that the weight of numbers may be given to the program of the society.

5. Organization of an information center through co-operation of the society and volunteers so that individuals and groups wanting to help relieve conditions may be told what may be done and how to proceed, Lynn Adams, director of community activities of the society. who presided at the meeting. Sena tor Ellison and others present emphasized the fact that there is (Continued on Page 4, Column 8) SPECIAL NOTICES Selline Out! Entire record stork of an Fast Balto. Btore.

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DANCE TONIGHT Hindle Band FAMOUS BALLROOM. 1717 N. Chas. TIMES now ROSLYN "Daredevils of Clouds" Plus Jack London's "Sian of Wolf" Of Neglect At Camp In Germany By A Sun Staff Correspondent! Fort Meade, Jan. 28 Capt Joel G.

Holmes, army medical officer, was acquitted here today of charges of medical neglect of American soldiers in a European prison camp. ine noi-guuty verdict was handed down late today by a panel of eight officers composing the court-martial, which was headed by Col. Alfred C. Devereaux, The court-martial has been in ses sion since January 19. The charges alleged that neglect by Holmes and three higher ranking officers at a disciplinary camp at Wurzburg Germany, resulted in three pris oners suffering frostbitten feet.

One of the prisoners, Private Jo seph Suggs, Negro, subsequently had to have both-feet amputated when gangrene developed. Private Suggs is now a patient at the Wal ter Reed Hospital and appeared jn the courtroom in a wheelchair. Camp Called "Hell Hole" During the final hearings this afternoon, Lieut. Col. William C.

Fitzhugh, trial judge advocate, de scribed as a "hell hole" the prison camp in which Suggs and the other two prisoners Henry W. McElroy, Bronx, N.Y., and Louis Henderson, Dumfries, Va. were held. Colonel Fitzhugh, who was prin cipal prosecutor in the case, painted a picture of cell blocks with no neat, no not water ana in tolerable filth." Colonel Fitzhugh said the cell walls were full of rats, the bedding was "smelly and moist," and there were no sanitary containers for food in the cell. He charged that Captain Holmes had failed to make proper inspection to correct condi tions which existed early in January, 1947, when the mistreatment was alleged to have taken place.

Report Called Whitewash He also charged that a previous report in the case had been a whitewash made by the officer who originally sent Suggs into confinement. He asked the court to place responsibility for the loss of Suggs's feet "to reassure parents with young boys in the Army." "How can we explain to parents with sons in the Army that a man can be so badly injured as to require his feet to be amputated with out holding somebody responsible? "The eyes of the United States are on this court," the colonel declared. During the morning session today, Major John W. Burtchaell, who flew here from California to testify for the defense, declared Suggs's injuries were not incurred in line of duty and were due to his own misconduct. Could Have Had Aid "The preponderance of 'evidence indicated he could have had medi cal assistance if he wanted it," Major Burtchaell, who was at the time commanding officer of the garrison of prisoners, said.

The major said his investigation made at the time satisfied him that a medical-aid man was on duty day and night and that Captain Holmes was available if necessary. Captain Holmes was addressed by the court and told of his rights under a court-martial. Asked whether he wished to testify, Captain Holmes replied. "I choose to remain silent." Suggs was recalled to the stand as a witness and denied ever having been visited at his cell by anyone other than the man who brought him bread and water. Defense Counsel's Plea Capt.

Kermit C. Calloway and Capt. Frank J. Verderber acted as defense counsel and assistant de fense counsel, respectively. Declaring that the court must determine the "level of respon sibility" for the condition of the al legedly maltreated prisoners, Cap tain Calloway asked the court mem bers, most of whom were colonels.

to judge the actions of Captain Holmes in the light of what they would have done at the time involved "as a first lieutenant on your first duty station with no instruc tions." R. McD. man. "I want to explain. There wasn't any.

The magistrate banged down his gavel. "Guilty or not guilty?" "Not guilty. There wasn't any. "Do you want me to try you or do you want a jury trial. "You try me, judge.

Now as I was saying, there wasn't any disturbance. We were just having a little drinking party when the police busted in. I jumped up and said What goin on here? "It was a surprise to me. We weren't hurting anybody." In emphasizing his remarks, Evans gestured broadly with his arms. "With all that eloquence," the magistrate interrupted, "you should have asked for a jury trial." It Ends In Dismissal Then the magistrate turned to Mrs.

Hafele. "If I fine him." he asked, who will pay the fine?" "I'll have to. Your Honor," replied Mrs. Hafele. "That's what I thought." said Magistrate Kozlovsky.

case dismissed. By ALBERT W. QUINS Annapolis BurcaH of The Sun! Annapolis, 28 Vacant since the ousting of. Calvin L. Kiah, eleven months ago, the superin-tendency of the Cheltenham School for Boys was filled today with the appointment of Lawson Jerome Veney, of Washington.

The appointment, made by the school's board of managers, was announced from the office of Governor Lane. Mr. Veney, 38 years old, now is parole supervisor of the Training School for Delinquent Boys in Washington a post he has held since September, 1944. Prior to that time, he was intake supervising probation officer of the Juvenile Court in Washington. Howard University Graduate Mr.

Veney is a graduate of Howard University, Washington, where he received degrees of bachelor of arts and master of arts. He is married and the father of six children. There were ten qualified candidates for the post of superintendent. Two of them failed to attend the oral examination. Of the eight who took the examination, three failed.

Those Who Gave Test The examination was given for the Department of State Employ ment and Registration by a panel of three, selected by that depart ment. The members of the panel were: Frank Loveland, assistant direc tor of the Bureau of Prisons. United States Department of Jus tice, Washington. Mrs. Anna D.

Sanford, member of the Division of Juvenile Causes, Circuit Court of Baltimore City. Dr. F. Lovell Bixby, deputy com missioner in charge of correction and parole, Department of Institu tions and Agencies. Trenton, N.J.

Interviewed By Board The five men who passed the examination were interviewed by the Cheltenham board of managers, which selected Mr. Veney, Mr. Kiah, former superintendent, was appointed after an exami nation in which he received a higher rating than some of the other applicants because of his status as a veteran of the second World War. After his six months' probationary period in the job, during which time there were many complaints about administration, Mr. Kiah was dismissed by the board.

Office Remains Vacant Later there was an effort by some of the members to reinstate him, but the Department of State Employment and Registration interfered, and the office remained vacant. In the interim, supervision was conducted by members of the board of managers with the assistance of trusted members of the staff. Management of the institution for Negro boys has been one of the main points of contention in the State for years. About six months ago, the old board resigned and a new board, made up entirely of Negroes, was appointed by Governor Lane. Members of that board gave assurance yesterday that they will give full support to the new superintendent.

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WFBR Essex Owner Cleared Sidney H. Tinlcy. owner and operator of station WSID. situated in Essex. Baltimore county, was found not guilty.

The case of Hearst Radio Station fWBAL. also named in the contempt citations, has been severed from those of the others, with a preliminary hearing scheduled for February 21 and trial set tentatively for February 23. Judge Gray, in a two-hour oral decision, found that the three stations and Mr. Connolly had "not only created a clear and present danger. but an "actual obstruction to the administration of justice" In their broadcasts last July 8 and 9 in connection with the arrest of Eugene James, charged with and later found guilty of the murder of Marsha 11.

Grounds For Acquittal He acquitted Tinley on the grounds that doubt existed as to whether the broadcasts of WSID constituted such a danger and that there was no proof or admission that the station's programs were heard in Baltimore on the days in quction. The defense had argued that Rule 904 of the Supreme Bench, having to do with the dissemination of certain kinds of information on cases pending before the court, was unconstitutional in that it denied the nsht of freedom of the press. It had contended, also, that the rule established precensorship of news and was "vague and ambiguous'' in its wording. Point Is Disallowed Judge Gray, disallowed the first cf these points, and found invalid one section of the rule which he said wa so broad as to be in viola tion of the First Amendment to the United States Constitution as now construed. The section in question declared contemptuous "the publication of any matter which may prevent a fair trial, improperly influence the court or the jury, or tend in any matter to interfere with the ad ministration of justice." The jurist said this section seemed to be based on the old con cept of a "reasonable tendency" to obstruct the administration of jus tice, a concept which the Supreme Court has now replaced, he said, with that of "clear and present danger to justice.

Pertinent Sections With this deletion, the pertinent lection of Rule 904 now forbids: The issuance by police authorities, the State's attorney, counsel for the defense, or any other person having official connection with the case, of any statement relative to the conduct of the accused, statements or admissions made by the accused, or other matter bearing upon the issues to be tried. The issuance of any statement cr forecast as to the future course of action of either the prosecuting authorities or the defense relative to the conduct of the triaL The publication of any matter obtained as a result of a violation of this rule. To a defense argument that Hamilton R. Atkinson, police commissioner, talked to the press in violation of rule 904, Judge Gray said "The court is not impressed by the contention that there has been ciscrimination Detween the com missioner of police and the radio stations. It true that the rule prohibits what both of them did.

Had Limited Audience "But the fact remains that Commissioner Atkinson had a relatively limited audience. His voice was low. It couldn't be heard far away." In contrast, the judge said the brnqdeans were amplified, "literal ly blanketing the city." Mention also had been made by the defense of a letter from Governor Lane to Commissioner At kinson congratulating the Balti more Police Department "on the (Continued on Page 4, Column 1) Other Local News Yardley cartoon Page 8 Solution is hinted in Green Spring Valley transmission line dispute Page 10 All modern art i3 intelligible, critic says 5 hird bill due Monday in city police battle Page 4 Landlords planning to sell barred from evicting tenants Page 5 Favorable reports adopted on six jobless pay bills Page 4 Galen L. Tait congratulates Hugh Scon for keeping the Republican chairmanship Page 5 The Regents' Statement The statement issued yesterday by the board of regents of the Uni versity of Maryland was, in full, as follows: The Board of Regents of the University of Maryland, in an ex ecutive session this morning, took cognizance of the recent series of articles in the Baltimore Sun about the university. The articles, as a whole, centered on lour general themes, namely that the educational standards of the university were low, and that the faculty and staff were unquali fied and incompetent; and that the university's finances are poorly managed; and to cast personal re flections on the president of the university.

Points Are Listed With reference to The Sun's arti cles, there are certain outstanding facts that are so contrary to the impressions that The Sun created lhat we feel it to be the duty of the board to plainly place these facts before the public, the Governor and members of the Board of Public Works, and the Legislature, as follows: 1. The hoard is confident that, in the quality of the personnel that mans its departments, the university, department by department and man for man. compares well with any other university in this State, or in this region. The Sun's articles, calculated to discredit the academic standards of the university and its faculty and staff, are totally unjustifiable in the light of the report by the professional staff employed by the Marbury Commission, which only recently completed, by visiting the departments of the university, a study of the university's scholastic standards and faculty. Formal statements made in the report of the Mar- burv Commission, which refute every impression that The Sun un fortunately tried to convey, follow: "Prior to 1920 the position of the University of Maryland in the educational pattern of our State was useful but inconspicuous.

Today it (Continued on Page 5, Column 2) MARYLAND KENNEL CLUB, INC. 36th ANNUAL row BENEFIT Or Recraetion and Athletic Fund of the Md. National Guard AT THB 5th Reg. Armory Preston St. Entrance TODAY 10 A.

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ice. 1948 Crosley Station Wagon. 5 0O0i sood condition. WL 6831 alter 7 F.iL BOGS quality of personnel, the university, "department by department and man for man, compares well with any other university in this State, or in this "The Suns articles, calculated to discredit the academic standards of the university and its faculty and staff, are totally unjustifiable in the light of the report by the professional staff employed by the Marbury Commission, which only recently completed, by visiting the departments of the university, a study of the university's scholastic standards and faculty," the board said. Gift Statement Disputed The board'also criticized what it termed indications that the uni versity's system of spending money was lax and characterized as completely erroneous a statement in one of the articles that Maryland received a gift from the Glenn L.

Martin Company only after it was offered to the Johns Hopkins University. Judge William P. Cole, chairman of the board, announced at a brief public session late this afternoon that the board had taken under consideration a series of questions (Continued on Page 5. Column 1) iz Special To-sfay and Sunday Large-Sizzling T-3one Steak and French Fries Regular Price 1.50 Today and SIRLOIN STEAK Blue Ribbon Bfef Regular Trice $1.75 511.53 Today and Jl Tenderloin Steak .31.25 With Trimmings Manhattan and Martini COCKTAILS THE HOUSE OF WELSH Established 1903 Guilford Ave. at Saratoga St.

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Sarah Hafele, said that she asked police to arrest her son yesterday "when I heard a racket next door and knew that he was drinking." There Wasn't Any She described Evans, who gave his age as 43, as "a good boy but he seems to go wild when he drinks that stuff." At this point Magistrate Kozlov-sky attempted to ask Evans how he pleaded, guilty or not guilty. "Well now, judge, there wasn't any disturbance "Now wait a minute," interrupted the judge," how do you plead?" "Now you listen to me," said tha.