The Birmingham News from Birmingham, Alabama • 3

THE WEATHER For Birmingham and Vicinity Cloudy tonight and Tuesday; mild temperature; lowest tonight 60 to 65 degrees. For Alabama Cloudy tonight and Tuesday, slightly cooler In extreme north portion tonight. Wit Birmingham Nc ms HOME EDITION 5 1 ST YEA 0 1 2 0 BIRMINGHAM, MONDAY AFTERNOON, MARCH 14, 1938 PRICE; 5 CENTS Victim, Husband SWASTIKA FLIES OVER VIENNA gig AFTER WINFIELD Whitney Case Great Break For Roosevelt World 1938. by King Feature Syndicate for The Birmingham New. All rights reserved.

Reproduction in full or In part strictly prohibited. NEWS BEHIND THE NEWS BY PAUL MALLON Special National Correspondent GERMAN NA TION ALL POWERFUL, HITLER SHOUTS "No One Can Shake Us," Fuehrer Roars To Frenzied Thousands As Vienna Turns Out In Wild Welcome VIENNA UP) Adolf Hitler came in triumph to Vienna today and to a frenzied throng that greeted him declared, No force on earth can shake us! Fully a million shouting, flag-waving Viennese greeted the fuehrer as he rode into the capital of the German state he has absorbed into his expanding Ger- Ji Senate Finance Committee Members Predict Changes New Deal Opposes Brad Byers, Former Employe In Planters Household, Under Arrest REPEAL OF LEVY ON PROFITS OBJECTIVE MRS. R. H. BARNES IS SHOT THREE TIMES In European Situation Proving Boon To Proponents Of Big Navy Bill Marauder Enters Home Night; Seen To Leave By Servant Xm if man Reich.

To more than 100,000 hysterical followers thronging the square before his hotel, he shouted: The German Reich as it stands today is inviolable; no one can shatter it! Hitler apparently had not intended to speak until tomorrow, when at 11 a he will address Vienna READY TO FIGHT FIRE WITH EIRE Chamberlain Tells British Commons Force May Be Only Method A MAN WAVES THE SWASTIKA FLAG of Nazi Germany from the balcony of the Austrian chancellery at Vienna, signifying the success of the fantastically bloodless coup that overnight made Austria German and Nazi. ALL A SURPRISE LONDON (INSi Denying he had sought to harm any foreign country, Reichsfuehrer Adolf Hitler characterized his annexation of Austria as a purely internal German affair in an interview with Ward Price appearing in The London Daily Mail today. "I assure you in all sincerity, the Fuehrer told Price at Linz before leaving for his triumphal entry into Vienna, "that four days ago I had no idea I would be here today or that Austria would have been embodied in the rest of Germany. MR. ROOSEVELT and hi; SEChairman Douglas went riding just as the Whitney case broke publicly, but they did not discuss it, according to official word from the White House.

Presumably they talked about the crocuses being in bloom. Reason The Whitney exposure came as a profound shock to officialdom. Top politicos had only a brief advance tip. They could not make out for the first few days after the exposure exactly what had happened. They did not know what line to take.

The story given credence privately here is that Mr. Whitney suffered a breakdown after he left the presidency of the Stock Exchange. This is the only explanation satisfactory to inside Washington, where Whitney stood for years as the model of financial deportment. One assurance has been passed down straight. The SEC has no intention of using the Whitney case as a club to start pummeling all Wall Streeters immediately.

Of course, for the long pull, they will use it handily to move in toward more rigid government control. DIFFERENCE Apparently there are several kinds of people in Wall Street, as elsewhere. On the day that Mr. Whitney was searched in the police station to ascertain whether he had a knife, the London papers arrived here with accounts of the reception of Joseph P. Kennedy at the Court of St.

James. Mr. Kennedy came from Wall Street also. But he came from the opposite direction, and is still moving in the opposite direction. The London Times, which indulges in the pontifical but informative style of the throne itself speaking in each and every paragraph, gave Mr.

Kennedy a restrained welcome. The paper pointed out in the second sentence of its summary of Mr. Kennedy that he "comes to his post with no experience in diplomacy like many of his predecessors. In fact, it seemed to classify Mr. Kennedy as half-Babe Ruth, half-Houdini.

"His chief fame (at Harvard says The Times, "was a player of baseball, though it is not as a rule a game al hich university men excel. Likewise, the official news spokesman of the empire looked at Mr. Kennedy's financial record through the same official monacle, saying: He was one of the few to come practically unscathed through the difficult years which began with the present decade." SURPRISE House members were surprised at their own strength when they dropped the third sledgehammer tax proposal none too lightly upon the administration foot. They did not know it was in them. No campaign had been conducted.

Little publicity had been aroused. What happened on the inside to accomplish the unexpected result was so simple the leaders could not gauge it in advance. DEFENSE LAWYER, LAID TO ATTORNEY IS HEART VICTIM BY GRAND JURORS WASHINGTON UP) Proposals for a thorough overhauling of the administration's tax revision bill gained powerful support today in the Senate finance committee. As the committee called treasury experts to discuss the bill, members said it was almost certain to make changes which would encounter administration opposition on the Senate floor. The House already has overriden administration wishes by knocking out a surtax on closely-held corporations and by inserting a tariff-tax on pork.

Roswell McGill, undersecretary of the treasury, told the Senate finance committee today the tax re- vision bill, as it passed the House, would not provide sufficient revenue. Chairman Harrison of the finance committee, assert-e that capital gains provisions of the House bill should be revamped and that the undistributed profits levy should be eliminated instead of modified. Harrison also mentioned as possibilities reduction of the higher surtax rates on individual incomes and a broadening of the tax base, but said he could "give no one any encouragement" that these steps would be taken. Senator La Follette Wi.s), an administration supporter and a finance committee member, said he would urge amendments to increase the present scale of surtax rates and to lower income tax exemptions. These would bring about 1.400.000 new taxpayers under the income levy.

La Follette would cut from $1,000 I to $800 the personal exemption al-; wouw Father Of Agency Is Willing be whittled from $2,500 to $2,000 By The Associated Press Great Britain and France, shocked into the abandonment of their idealistic policy of peace at any price by Adolf Hitler's armed absorption of Austria prepared today to fight fire with fire. Determined to resist further advances of the Nazi avalanche, the two democratic powers shifted to a sterner foreign policy and stood pledged to a program of action through diplomacy, propaganda and, if necessary, force. British Prime Minister Chamber-lain plainly warned Germany Brittain would expand her vast rearmament program to match force with force in answer to Hitler's coup. However, the prime minister, in a vital statement of policy before a House of Commons packed and tense, did not promise British backing to France if she should go to war to save Czechoslovakia from Pan-Germanism. Chamberlain said Czechoslovakia had been in consultation with Brittain but he refused to discuss what Britain would do to guard the Central European republic for whose 3.500.000 Sudeten Germans Hitler had proclaimed himself protector.

BY BEM PRICE New-Age-Herald Staff Writer WINFIELD. Ala. Charged with murder. Brad Byers, former employe of Dr. and Mrs.

R. H. Barnes, was in the county jail at Hamilton today, while officers checked clues to determine who fired the three shots which last night claimed the life of Mrs. Barnes in their home here. While Dr.

Barnes, a helpless invalid, was powerless to bring aid, an intruder entered the Barnes home last night and pumped three shots into the body of the 42-year-old mother of three, killing her instantly. Dr. Barnes last night told officers Byers had been discharged Saturday from his three-year employment in the Baines household, "for private reasons." Sam Haley, Negro houseboy, who took the position left vacant by Byers' dismissal, told officers he was standing in the hallway and got merery a glimpse of Mrs. Barnes slayer as the latter ran from the back bedroom where she met her death. The Negro told officers Mrs.

Barnes and he were making up a cot in the hallway and that she had gone to the rear bedroom to obtain some blankets. The room w-here the woman met her death, officers said, was that in i which Byers was accustomed to sleep during his three-year stay as attendant for Dr. Barnes. Sheriff H. M.

Couch, of Marion County, said Byers had given him-self up about dawn today to the sheriff of Fayette County. Byers I had been sought for questioning ever since a short time after the shooting. He was not at his Fayette I County home last night when offi- cers went there following the shooting. Milton McDuff, head of a Birmingham private detective agency, was summoned to the scene and -was ordered by Dr. Barnes "to spare no expense until the slayer Is electrocuted if you have to follow him to Mexico.

Until McDuff arrived from Birmingham nothing in the room was touched. Mrs. Barnes was dressed in a red polka dot house dress with a short Spring coat. She was lying. police said, on the bed with I her left hand drawn up as if to protect herself.

Her face showed directors of the Tennes- surprise and terror. Powder bums were found on her left hand and neck. Although none of the furniture and the German world from the Heroes Square. But the crowd that called him again and again to the balcony of his hotel suite would not be denied. Attorney Noted In Leopold- Bond Of $500 Is Posted mu coming by announcing the absorption of Austria into the German nation, now stretching from the North Sea almost to the Adriatic.

The frenzied welcome to Vienna i w-as the climax of a 100-mile ride Morel Montgomery, widely known (rom Linz where he had remained Birmingham attorney, today posted since arriving in Austria Saturday. $500 bond on an indictment re- The journey was like a royal pro- CHICAGO UP) Clarence Dar- row, 80, who rose from a $30-a- month country school teacher to the nation's most famous "attorney for turned by the Grand Jury in which I cession, In front of the Imperial Hotel the defense, was dead today. he is charged with having attempted men women and children wept and The noted lawyer-philosopher to bribe two police officers to in-1 kissed each other, died at his home here yesterday fluence them re-after a long illness with a heart i garding a charge ailment. With him at the end were pending against Enthusiasm of the crowds far surpassed that of early Nazi days in Berlin. with Hitler said never Officers ian independence, the German an- Chamberlain bluntly rejected a German statement that Britain had no right to interest herself in Aus tin thny epen such an unbounded Richard Melvin, his wife, Ruby; his son, Paul, and a sister, Mrs.

Jennie Darrow Moore, a 1 1 "big Funeral services will be held at 2 p.m. tomorrow iq Bond Chapel on the University of Chicago campus where the body will lie in state. Federal Judge William H. Holly, close friend of Darrow. will be the only speaker.

The body will be cremated. During his half century in courts, Darrow was always the defender. He fought for shot" in the pol-I icy slip racket here. The indictment was returned Saturday before the Grand Jury recessed until next Thursday. when it is expected to Senator King Utah), anothe member of the finance committee, said he always favored repeal of the capital gains tax and "drastic modification" of the levy on undistributed profits.

He said he also would support a proposal to broaden the tax base. Senator George Ga.) said he swer to Bntisiuprotests over the annexation. Chamberlain insisted Britain must always be interested in developments in Central Europe. Baron Konstantin Von Neurath, head of Germany's new secret council, had written the British government is not within its right in claiming the role of protector of Austria. Chamberlain said the defense all German police, rode in his mo- program will be reviewed in the tor cavalcade.

Joachim von Ribbon- i light of the new circumstances" a trop, his foreign minister, and Franz virtual announcement that the na-von Papen. the ambassador who tion's $7,500,000,000 rearmament helped prepare the Austrian coup, drive would be expanded even fur- favored a flat-rate capital gains tax instead of the present sliding scale, see Valley Authority became as-The tax bill is one of the big is- sured today when Senator Norris Many a legislator could recall in-j sues remaining before Congress. I (Ind Neb yielded to pressure for dividual instances in hi- 1 row among own home Most members expect adjournment the poor, the oppressed. the captive and the weak because, as he once said, "those found in prisons are practically always poor; it is a game where the 'Sfcp. was out of place, police said there had evidently been a brief but terrific struggle.

Mrs. Barnes bled very little, showing that death had been almost instantaneous. An autopsy disclosed that one of between June 1 and 15. but Demo- a congressional inquiry cratic Leader Barkley, of the Sen-1 The Nebraskan offered a resolu- ate, held to his earlier forecast of I tion in the Senate for appointment May 15. of a committee of five senators by Three major bills farm, housing 1 Vice President Garner to make a and emergency relief have been sweeping investigation into all passed.

Several appropriations bills phases of the government's resume its special investigation of matters affect- ing the county Montgomery government Montgomery w-ent to the sheriff's office on his own volition and made the bond. The indictment charges that he offered Policeman W. C. Garrison and C. W.

Hopkins $100 to influence their official acts in regard to an accusation pending before the Recorders Court, which said accusation was against Richard Melvin for driving an aulomo bile while intoxicated. Rumors of Montgomery's indictment having circulated freely last week, the attorney went to the Grand Jury room uninvited and ap- peared before the body with the purpose of making a statement before the inquisitors. Whether the jurors heard him could not be learned. Emphatically denying that he attempted to or had intention of bribing the two officers, Montgomery issued a formal statement today charging that "politics" was responsible for his having been indicted. the bullets had entered her neck dice are loaded and the victim is almost sure to lose.

His outstanding legal cases were in defense of Eugene V. Debs, many times date for president; 000.000 project in the Tennessee Valley. Majority Leader Barkley, of Kentucky, and Minority Leader Mc-Nary. of Oregon temporarily blocked action on the Norris proposal They said they wanted to examine the proposition before it arrived by plane from Berlin Also en route from Munich was Julius Streicher, the Reich's chief Jew baiter. All classes of the population were in the streets along his route.

Other parts of the city were deserted. Even Jews seemed to be mingling with the crowds, although the coming of the new order had filled Vienna's Jewry with dread. Deeply moved himself, Hitler at times appeared so filled with gratitude he could not speak. Throughout his drive through Vienna's human forest he was smiling broadly. He seemed to be at the height of his meteoric career.

Nothing like this ever happened in Munich or Berlin nothing like it ever happened anywhere," declared the official radio announcer are moving toward enactment, and Barkley said he was hopeful of Senate action this week on the administration's government reorganization bill. The House took up the billion dollar nu'al expansion program. Some Senate proponents said ther. "These events cannot be regarded by his majesty's government with indifference." the prime minister said, referring to Hitler's swift, bloodless coup in Austria. Chamberlain disclosed Field Marshal Hermann Wilhelm Goering, Germanys No.

2 leader, had assured the Czech minister in Berlin that German-troops marching into Austria had been given "strict orders to keep 15 kilometers 964 miles) from the Czech frontier. A statement similar to Chamber-lain was made in the House of Lords by Viscount Halifax, who became foreign secretary less than three weeks ago to direct Chamberlain's policy of realistic dealings with the dictators a policy now in ashes as far as Germany is concerned. The prime minister expressed se- President Roosevelt might send Con- formally considered. Support for gress a new message urging enact-! the Norris resolution was given by ment of the wage-hour bill, which Senators King iD Utah), and a House labor subcommittee is re- Bridges N. H.i who had been and ranged downward, while the other two had pierced her body.

One of the bullets found on the floor, police said, indicated that she had been shot with a 32-20 caliber pistol. Another point brought out by Haley, police stated, was that save for Mrs. Barnes' screams, not a word passed between Mrs. Barnes and her assailant before the shots were fired. Surviving Mrs.

Barnes are Dr. Barnes, and three sons. Herbert, of Coffeeville. R. G.

Barnes, student at Tulane University, and John J-Barnes, a freshman at University of labama Evidently, police said, there had been a good deal of friction in the family over the suspected employe. The moment the younger son ar town of citizens who slaved to get family businesses started. These citizens poured their money back into the business, for years, trying to expand it as social security for themselves and their children. Every small city in the industrial regions of New England, the Central States and the oil states in the Southwest has one or more living instances of such successful family business building. It was the legislators from these cities who.

without making any speeches, walked up to the tellers at the first voting opportunity and contributed the majority which defeated the tax. The legislators did not know or particularly care whether the exemption would free the particular business builders they had in mind. They just did not like the idea of discrimination against such a class. ASSISTANCE Several southpaws also came quietly in under the opposition tent. Some of them had the idea that widely held monopolies would be encouraged.

Likewise they recognized the principle of taxing one corporation more than another was revolutionary. It seemed obvious that if the supporters of the plan were right, they had done just as bad a job of draft- CLARENCE DARROW Socialist candi- I "Big Bill" Hay- wood and other officers of the Western Federation of Miners, charged with the slaying of former Gov. Frank Steunenberg. of Idaho: Rich-; ard Loeb and Nathan Leopold, "thrill 1 slayers of little Bobby Franks, I John T. Scopes in the Tennessee "monkey trial.

and Mrs. Granville Fortescue and Lieut. Thomas Massie. U. S.

tried for the spying of a native in Honolulu. The Loeb-Leopold case was one of the most celebratrd Darrow ever Representatives of the Austrian vere condemnation'' of Germany's government and the city of Vienna step and admitted that in it lay new welcomed Hitler at his hotel. danger to European peace but Outside an Austrian honor guard pleaded for "cool judgment. marched past In chorus the people Turn to Page 8. Column 3 shouted just as in Berlin, "We want our Fuehrer! Turn to Page 8, Column 1 THREE DIE, FOUR Turn to Page 8, Column 5 OFFICERS STAGE ROADHOUSE RAID HURT IN CRASHES I agitating for a congressional inquiry.

Investigation of the TVA "from A to was advocated today by Senator George L. Berry, Tenn.) in a defense of claims by him and others for alleged damages to their marble lands in the TVA flooded area. Berry made public a letter he sent to Senator Norris father of the TVA" charging the TVA had resorted to cruel procedure in dealing with citizens who owned marble lands. The Tennessee Valley Authority." Berry said, "developed the Nor-, ris Dam and built it without consul- ever that we be moderate in- tation or condemnation proceedings ing as they did on the undistributed stead of wild, he said. To go oft being brought against my associates earnings tax last year.

If they were on a war-preparing spree and go and self. just trying to hit some tax evaders navy crazy is to get into war. "As a matter of fact, condemnation under the one-familv cloak, they The House today voted to in- proceedings were taken in the lat-were certainly shooting at a lot of crease the liquor tax from $2 to ter part of 1937. notwithstanding the earnest business. $2.25 a gallon.

As the Senate will certainly kill fact that the law was enacted in I 1933. This, of course, is an amazing STEEL OPERATIONS UP rived from the university he cried fought. It was in the Summer of -i 1924 that Darrow defended the two sons of wealthy families for the kidnap-murder of a 14-year-old boy. He once termed the murder "the most foolish, most act ever conceived in a diseased brain. Turn to Page 8, Column 5 WHITNEY ADMITS GRAND LARCENY out as he saw his father: Mother's dead and I know who did it.

The suspect, said police, was widely known in the community as a dangerous man. His record showed, according to police files, that he had once shot a Negro during an altercation and was once arrested for assault and battery. Dr. Barnes made this statement to police: "At first I couldn be lieve it happened, and then tor of 2.2 Points To 32.i Per Trio Jailed After Accidents i In City And County ANNISTON, Ala. State Highway Patrol officers today went before! fjEW YORK iPi Operatini ,1 Advance Cent Is Predicted the Calhoun County Grand Jury the more than an hour I couldn't convince myself that it wasn't suicide.

Now I know it's murder. Funeral services will be announced by Killingsworth Funeral Home. I with evidence collected last night in a raid on The Pines, a roadhouse about 16 miles from here on I Gadsden Highway. the the steel industry for current week will advance 2.2 points to 32 1 per cent of capacity, compared writh 29.9 per cent last week, the American Iron and Steel Institute esti-Six officers swooped down on the mated today, place last night and confiscated dice A month ago operations iH tables, money boxes and chips fol- 'he rate of 31 per cent of capac lowing a reopening of the estab- while a year ago they stood at lishment which had been closed sev- Pr cen- in at Planes Too Low Disturb Chickens Cows, Is Plaint Three persons died, four were injured and three men are being held County Jail as result of automobile accidents in the city and county during the week-end. Chester Higginbotham, of died at Hillman Hospital 7:10 a m.

yesterday, three hours after being admitted with injuries suffered when the automobile in which he and two companions were riding was in an accident near Bradford. Ala Viola Myhan and Joe Wavie Howton Negroes, died at Bessemer hospitals Sunday night several hours after officers said they were struck by a truck at Adger. A charge of manslaughter will be made against James Anthony, driver of the truck, officers said. Anthony and his two companions. Jesse Thorn and John Kelso, were arrested following the id PERSHING 'O LEAVE BED TUCSON.

Ariz. (INS) Continuing his remarkable recovery after being on the verge of death two weeks ago. Gen. John J. Pershing may leave his bed for a wheel chair in a few days.

Expressing that opinion today. Dr. Ronald Davison said the war-time leader of the A. E. F.

now sleeps less, is more alert and is steadily growing stronger. eral months. The raid is one of a series of drives made by state highway patrolmen to clean up gambling places in Calhoun and other counties after Gov. Graves issued direct orders the places be put out of business. No arrests were made during the raid last night.

Judge Lamar Field today organized a new' session of the Grand Jury and it was this body which heard the details of the raid as related by the patrolmen who were headed by Sergt. M. W. Kimbrough. HOSFORD QUITS POST Chairman Of Coal Commiision Sub-mits Resignation WASHINGTON (INS) Charles I S.

Hosford, chairman of the I bituminous Coal Commission, has submitted his resignation to President Roosevelt, and it will be accepted as of April 30 next, it was announced here today. Senator Guffey Pa.) made the announcement after a conference with Mr. Roosevelt at the White House. Hosford simply wanted to retire to private business. I Guffey explained.

fact, but nevertheless, it is the record. No specific amount of indemnity for alleged marble land damages I ever has been presented by Berry and his group, he said. All they asked was a settlement, he said. 1 Prior to the flooding, marble actually was sold to fabricators at Knoxville, according to the senator. Attempts have been made by TVA I to cover up their failures by attempting to develop a great mystery and in this mystery they make the effort to besmirch the record and I the character of the gentlemen associated with me by the injection of the claim of 'bad faith' and an at-! tempt to defraud The so-called Berry marble claims are now being litigated in the courts.

Meanwhile. Senate and House sponsors of resolutions to investigate the TVA planned a meeting in an effort to agree on a united program. SPRING'S A FUGITIVE CAPONE LOSES PLEA Once Stock Exchange Head Ready To Pay Penalty NEW YORK iPl Richard Whitney. 49. five times president of the New York Stock Exchange and head of the bankrupt Wall Street brokerage firm of Richard Whitney pleaded guilty today to grand larceny in the theft of $105,000 worth of securities from a trust fund Turning a deep crimson under a healthy coat of tan.

the socially-prominent financier read a statement to the court in which he made a full confession of guilt and said he was ready to pay the penalty. He said: "I fully realize the gravity of what has been done. he said in conclusion, "and that a penalty must I be paid. I also fully realize the na- ture and consequence of the state- ment which I am now making, but 1 I have nevertheless determined to make it." In numerous instances, hi said, he had pledged securities ithout authority of customers who owned them, using the proceeds in firm business. Whitney may be sentenced to i serve from five to 10 years in prison for first degree grand larceny.

Whitney read his statement with a choked voice. In addition to the Grand Jury in-: diriment to which Whitney pleaded guilty today, procured by District Attorney Thomas E. Dewey, he has also been accused of the theft of $109,000 worth of securities from the New York Yacht Club, of which he was treasurer. The second indict- ment was broght by State Attorney General John J. Bennett.

Jr. UTILITY CASE DELAYED the tax, this means it is finally and forever dead. Nothing could be a more significant revvlation of the underlying self-thinking trend which has developed lately in Congress. PRESSURE Nervousness within Congress over the Hull reciprocal trade program was noticeable even before adoption the import tax on pork. Individual Democrats have been arising daily in the House making minor complaints against trade treaty reductions in the tariff.

One congressman is preparing to publish data showing 440 tariff items were reduced by treaty be-! fore the Czechoslovakian agreement was signed. There is little chance that the law will be changed to require Senate ratification of these treaties, but heavy congressional talk-pressure will be brought to bear during the British negotiations. FACTORY JOBS ATTRACT ROCHESTER. N. Y.

UP) Pros- pects of social security and unemployment insurance benefits have caused a marked shift of girls from domestic service to factory jobs, Rochester Employment Bureau di-j rectors said today Girl laugh when you suggest they take house- work. Allen Soppe. manager of the Rochester Employment Agency, declared. If housewives don't change their attitude and treat their help like professional 'household the day will come when I they won't be able to get anyone to work for them." -The Su-! to hand utionality many act recessed ruling ist for a i Airplanes that fly low over the home of V. V.

Thomason. 1526 Fifty-Third Street. Central Park, are frightening his "chickens and cows to death. the man complained to City Commission President Jones today. Not only that, but there is a woman seriously ill across the street from his home.

Thomason said And in addition, he said, several men who work at night are finding it impossible to sleep during the day because of noisy airplane motors. Thomason's home is located two and a half blocks from the airport. "Many times." he told Mr. Jones. "I thought they were going to knock off my chimney in landing on the field.

They seem to cut off their motors until they get very low and then turn them on full force for the landing, and my cows and chickens have been trying to jump out of their pens eevry time they hear the motors roaring." He was referred to City Atty. Wiilis, who said he would write a letter to the operators of the flying field and send a copy to the Police Department, to which Thomason said he had appealed several times. Clurki Amusements Today Alabama- Claudette Colbert, Charles Boyer in "Tonight Our Night." 11. 1:12. 3:20.

5:25. 7:30, 9:50. Ritz Frances Farmer. Ray Milland in "Ebb Tide." 1. 2:45, 4:30.

6:15, 8. 9:45. Empire Jean Parker. John Howard in "Penitentiary." 11:15. 1.

2:40. 4:20. 6. 9:25. Strand Peter Lorre in "Thank You, Mr.

Moto," 11. 12:40. 2:15, 3:50. 5:10. 6:50.

8:20. 9 55. Lyric "The Firefly." Galax Legion of Missing Men. Rialto The Last Gangster. Capitol "General Spanky, and "Walt Disney Revue." North Birmingham Stage Door.

Woodlawn "Dead End." Fairfield "Heidi." Five Point "God's Country and the Woman." Central Park "Double or Nothing. Avenue, about 14. ith, were in today with in the automobile riding collided eth Street Gang Leader Must Chicago Jail Term WASHINGTON OP Alphonse I WASHINGTON (INS) Capone, former Chicago gang lead- preme Court today fade er. failed in the Supreme Court to- down a ruling on con-ti day in his effort to escape serving of the utility holding eoi a one-year term in the Cook County of 1935. Since the eoui Jail at the expiration of a 10-year today until Maich 28, sentence he now is serving at Al- I will be postponed at 1( catraz.

fortnight. Delay in ann He was indicted in 1931 on charges of the decision, in the of income tax evasion for 1925 to some observers, forecasts 1929 He was convicted and sen-1 the court on the case tenced to serve 11 years imprisonment and to pay a fine of $50,000. One year was to be served in the Cook County (Chicago) Jail after expiration of the federal prison term. Allowing time off for good behavior. the sentence Capone is now serving will expir Jan.

19. 1939 He became eligible for parole Sept. 3. 1935, but his application was denied. TRAIN CARRIES JACKSON.

Ala-fighting unit from Mobile on a special train, hel under control a fire in pile which for a while damage to the Rathbore Ridgeway Veneer Mill Damage to the mill wa firemen said. (A5 No; FIREMEN A fu Yesterday's Sunshine Has Turned Into Clouds And Gloom Clouds lowered over the city to-1 day. and cloudy prospects an- nounced by the Weather Bureau for tonight and tomorrow drove away the springlike sunshine w'hich sent I I Birmingham residents trekking to I the country Sunday. Weatherman Horton this morning I said conditions in Birmingham and vicinity will be: Cloudy tonight and I I Tuesday. Mild temperature, lowest I tonight 60 to 65 degrees.

The temperature high for the past 24 hours was 76 degrees, the low, I 1 61 degrees. At ALLEN WINS FAIRBANKS, ohnny Allen wc og derbv Sund me. He finished DERBY Fairbanks the thint hours (9 the 3U Arne a ible..