The Brooklyn Daily Eagle from Brooklyn, New York • Page 2

2 THE BROOKLYN I DAILY EAGLE, NEW YORK, 17, Evan Fontaine Takes Stand In Fight to Continue Her $1,000,000 Heart Balm Suit Trial was begun before Justice Lydon and in the Manhattun Supreme Court today to decide whether Miss Evan Burrows Fontaine, former Ziegfeld dancer, may proceed with a $1,000,000 breach of promise suit against Cornelius anderbilt Whitney who, she alleges, is the father of her 8-year-old son. Cornelius Vanderbilt Whitney Jr. Former Supreme Court Justice Daniel Cobalan appeared for Miss Fontaine, who, was her own briel witnes at this morning's session of the trial, and John W. Davis, onetime Democratic presidential for Whitney, A complicated legal issue was involved. The breach of promise sult had originally been brought in the Calofirnoa State courts, transferred to the Federal Court an dthen discontinued by Miss Fontaine there.

Despite this "discontinuance." Whit- ANOTHER FERRARI CONCERN PUT INTO RECEIVER'S HANDS Ferral Securities Corp. Investors Face Heavy Loss--Fraud Is Charged In an effort to unscramble the tangled deals that grew out of the dream of the late Francisco Ferrari, president of the defunct City Trust to make millions by marketing Lancia motorcars in this country and aid the "suckers" who bought dream stock to get their money back, Justice Lewis L. Fawcett in Supreme Court this afternoon threw the Federal Securities 15 Park Row, a Ferrari concern, into the hands of a receiver. Justice Fawcet named the Irving Trust already receiver in Federal Court of Lancia Motors of America, whose 58,000,000 stock shares went into the hands of Ferrari and his aids without the payment of a penny by them, while others of its shares brought in 000 or so from "suckers." Rackow Charges Fraud. This sum of $92,000, now tangled up in the assets of the Federal Securities Corporation, was mulcted from share buyers through fraud and misrepresentation, according to Deputy Attorney General Rackow.

who applied for the receivership. His move was bitterly contested by Edward I. Wechsler, counsel for the Federal concern, have been who well insisted and that that Ferrari's plans would have brought rich returns if "Vincent Lancia, who got $100,000 for a contract to supply Lancia car parts from Italy for the American factory at PoughI keepsie, had not run out on his part of the agreement and went in hiding in Italy, where he has the cash and also some shares of stock of the Lancia Motors of America." Deal Like a Merry-Go-Round. Mr. Rackow told the court that the Federal-Lancia deal was like a merry go round.

Ferrari, who seemed to pull all the strings while others held titles as high officials of the various companies involved, was owner of a sales agency for Lancia motorcars and when he got the Lancia Motors of America organized and a contract signed with Lancia, he' sold the sales agency to the other concern. The chief asset of the sales agency, Mr. Rackow pointed out, was a certificate of indebtedness showing that Mr. Ferrari, president of a big bank and financial wizard, owed the sales agency $34,000. But the Lancia Motors of America, where Ferrari also pulled the strings, paid $50,000 for the agency and theoretically tore up Mr.

Ferrari's I. O. making it really $84,000. And then the Federal concern started to sell Lancia Motors of America stock, almost exclusively to Italian people, and collected some $92,000 from investors. WARDER OMITS GIVING PROOF OF CITY TRUST LOOT Continued From Page 1.

plaint of the criminal acts they ailege to District Attorney Banton 1n Manhattan. Banton's position is that he is not warranted in taking action on the bank collapse in the absence of a specific complaint. Law Not Complied With. In addition to Warder's amazing from inactivity, anyone not connected peep has with escaped the Banking Department as to the causes or amount of the failure, not even to the bank's directors and stockholders, who have been left "holding the bag" in the failure. The latter have nothing but the assurance of ex-Justice Jeremiah T.

Mahoney, of counsel for the department, in open court that "there isn't a chance in the world for the stockholders to recover their investment." Warder and his legal advisors have also failed, to date, to comply with the law requiring them to post with the County Clerk in Manhattan the list of the bank's assets and liabilities as of Feb. 11, the day the Superintendent of Banks closed the City Trust doors. Excerpt of Letter. The letter to the Eagle Indemnity Company read in part: "As attorneys for the Superintendent of Banks, we hereby notify ycu, on his behalf, that claim is made for $100,000, the penalty of the bond, by reason of the losses suffered by the City Trust Company through the larceny of Francisca M. Ferrari (the late president of the defunct bank) or others, committed by their connivance and consent.

"We should be glad to confer with you at your earliest convenience and to furnish you with proof of the statements contained in "this letter." The letter was signed by the firm of Phillips, Mahoney, Liebell Fielding, counsel for the Banking Department, "per W. C. Though officers of the indemnity company declined today to publicly discuss the department's demand, The Eagle learned authoritatively that the company had snapped up the department's offer furnish proof. The result was that lawyers of the company wrote the next day to Warder through his 1929. WEDNESDAY, APRIL ATTACKS RESERVE BOARD IN HOUSE SPEECH Declares Its Course Has Injured Investments.

Backs Stock Market. Emile Burenn. co Colorado Soilding. Washington. April 17-Charging that the Federal Reserve Board's "whole course of dealing with the investment situation has been with destruction, accompishing 110 substantial benefit," Representative Loring M.

Black Domocrat, of Brooklyn, in a speech made on the floor of the House today. the existing credit situation attention of Conbrought, gress in defiance of wishes of President Hoover and leaders the House and Senate that the special session be limited to farm relief, and a few other specified subjects. The Board was also attacked in A resolution introduced by Congressman Reid, Republican, of Illinois, calling for a sweeping investigation of the activities and policies of the Board the war by a House committee nine The Federal Reserve Board, according to the resolution, "seems. to have failed to recognize that there has been a great change in ownership of stocks due to the tendency of the small investor to invest in stocks of sound industrial concerns, and has adopted and is pursuing a policy which is harmful to the small investor." Representative Black is decidedly against any movement to give the Federal Reserve Board any more power than it has at the present time. feeling instead that its powcrs.

if anything, should be further restricted. Hits Arbitrary Action. He. condemns its actions by saying "The Federal Reserve Board has Injected 8 new and unwelcome factor in the investment outlook. This factor is its own possible arbitrary actions, either by public clamor, propaganda, unwarranted increase in rediscount rates and punitive deflation of The New York Stock Exchange, in -Mr.

Black's opinion, is and has been one of the greatest factors in the economic growth of the country. He says: "It is a seasoned institution, which has built up a strict set of regulations, issued on its own expertence of over 100 years. Friction between the Exchange and the Federal' Reserve Board will our economic undoubtedmenis.pend Calls It Socialism. He said in part: "Recently there have been statements issued, charged with apprehension of our prosperity and indicating a movement toward State-regulated financial socialism. Federal Reserve Board, clothed with jurisdiction over credit, has extended its operations to the field of capital.

Capital, under the Constitution, is disposal of its proprietors and the Government has no' legal power to apportion it sectienally or Industrially. "Stocks have advanced since 1920 according to the price trend of 50 important stocks from between 80 and 90 points to a present average of. less than 240. So the stock advance in the last eight years is considerably less than the increase in general income. "Had the Federal Reserve Board lived up to its own disclaimer of Feb.

28, 1929, that 'it disclaimed both the authority and desire to set itself up as an arbiter of security speculations or industry agriculture, as well as the Reserve Board itself, would be more secure. Its course of dealing with the investment situation has bean fraught vith destruction, accomplishing no ubstantial benefit. A great many American investors have been denied the right of ownC13 to profits by the arbitrary action of the board. It has not succeeded in being a stabilizing force. even in its own lariti te area.

The fluctuation from 3 percent to 25 percent in interest charges is not proof of sys. ematized credit conditions. "The Stock Exchange has served the country It is the nerve of the country's finances. There is a nsychological element contrituting to investment activities. The Government is withits province to furnish facts to investors, but the Government has to answer if by injudicious circulation of opinions it affects the business security o.

the country. "Those who c. vocate che Government's stepping; into the Stock Exchange' propose that the Government- shall enter. into all business. This is not the theory of our democracy and it is far from being a dogma of the present dominant political party." AMY WREN DECIDES JONES ACT CASE Federal Commissioner Amy Wren today handed down her decision in the Irst Jones Act case defended by the Brooklyn Lawyers' Committee headed by former Magistrate Joseph Goldstein.

She heard the evidence Friday. Her decision held the case for trial before one of the federal judges. The defendant is James McGuire, 47, of 541 Van Buren charged with possessing and transporting four quarts of whisky and one of gin. He was arrested at 1::30 a.m. March 23, at Broadway and Patchen as he carried the allegeed liquor home in a grip.

ROOT, HOME, SEES COURT ISSUES MET Elibu. Root, who had been in attending the International Commission of Jurists in an effort toe arrange an adhesion of th United States to the World Court, returned today on the French liner Ile de France. He issued a statement in which the inference is that the issues raised by the Senate as to entrance of the United States into the World Court are removed. Mr. Root was met at the pier by his son.

Ellhu Root and many friends and left at once for his apartment at 998 5th Manhattan. DIES ON EVE OF MERGER Samuel Barnett. MEXICAN REBELS ENTRENCH TO MEET FEDERAL ADVANCE Several Battles Loom in Sonora -Indian Snipers pected to Delay Troops. Nogales, April 17 (AP)-Mexican rebel fortifications at Nogales and Agua Prieta, Sonora, were being strengthened today as federal armies crept nearer the last stronghold of the revolutionary movement. Agua Prieta, which has been occupied by about 1,800 rebels from Chihuahua, under General Martin Barcenas, apparently was being made ready to repulse an attack from federals reported, to be moving toward from Pulpito Pass, from the loyal garrison at Naco, Sonora.

Unemployed men in Nogales, Sonora, were placed under rebel guards and put to work digging trenches more than half a mile long. United States troops were distributed at various points along the American side of the border. HINTS QUEENS ENGINEERS BUILD PRIVATE SEWERS Continued From Page 1. endar in Queens about half of which are sewers and that until these are taken care of no new work of this kind can go forward. He sadi that the sewer construction was held up largely by reason of the fight over the paying of the assessments on the Jamaica sewer.

This, he pointed out, is a $16,000,000 item of "frozen money" which automatically has a tendency to holar up other uQeens sewer construction. Paino's Name Enters. William Bishop, engineer in charge of sewers in Queens, was called on next by the commissioner and stated that the "Federal Pipe" was first used on Rockaway blvd. last fall. When asked who made up the company that produced that make of pipe, he said he only knew one man in the concern.

"That was Angelo Paino," he added. "Was Paino ever present at the laboratory tests of his pipe," asked the commissioner. "Yes, he was there twice, once in the company of Professor Byers of Columbia University, who was advising on the use of materials incorporated in pipe." ARSON SUSPICION BRINGS PROBE IN $300,000 BLAZE Continued From Page I. the Rockaway Beach Hospital, to which they were taken after being dug out of the debris. None was seriously hurt, it was said.

All of the buildings involved were unoccupied, as they had not yet been opened for the summer season. Two fire engines, an automobile truck and tractor likewise were damaged by the flames. Fire Alarms Turned In. Fire Commissioner John J. Dorman, Fire Chief John Kenlon, and Deputy Chief John Davin, in charge of Brooklyn and Queens, went to the fire when five alarms were turned in.

The Colonial Hotel, owned by Hotel, La Lakewood, N. and Michael Herman Green, of the Mayflower Rosenberg, of the Paramount Hotel in Manhattan, was one of the largest hotels in the Rockaways. The Briton Hotel, owned by a Miss Briton, of Brooklyn, was a threestory frame structure containing about 50 rooms. The six double bungalows were owned by Max Gold, of Amstel blvd. and Beach 67th Arverne, and the damaged boarding house, which was at 130 Beach 64th by Mrs.

L. Berkowitz, of Far Rockaway. PAINO DEFENSE RESTS WITHOUT ANY TESTIMONY Jury Expected to Get Case This Afternoon -Summing Up Is Ordered. Queens. County Courthouse, Long Island City, April 17-Half an hour after Assistant District Attorney Froessel completed presentation of the people's case against Angelo! Palno, wealthy Queens sewer contractor charged with aidinz and abetting the offer of a $10,000 bribe to Boro President George Harvey, of Queens, at New Milford on Nov.

11, 1928, Robert S. Johnstone, counsel for Paino, announced that the defense rested. without offering the testimony of a single witnes. After the people rested, Johnstone made a number of motions to dismiss and strike out various portions of the testimony offered by the prosecution. Judge Adel, after denying all the motions, told the attorneys to prepare to sum up at once.

It is expected that the jury will get the case this afternoon. The prosecution had closed its case an hour after the trial got under way again, only two witnesses testifying. Shepperd Glucroft, treasurer of Geltz real estate brokers, of 162-10 Jamaica Jamaica. testified that his firm leased to for the use of Democratic League of Kew Gardens, four rooms at 92-15 Union Hall Jamaica. Meyer Guthorn of 114-15 107th Richmond Hill, Queens, former timekeeper in Paino's Federal Concrete Pipe Company, at Springfeld and Rockaway followed Glucroft.

He explained that he was treasurer of the Democratic League until the last campaign started, when Paino took over the post. He listed Paino as treasurer and Levin as executive member of the club on the letterheads. He said that in November and December, 1923, Paino contributed two sums of $500 each to aid the campaign. Frank H. Berg and Al Levin were convicted about a month ago of having offered the bribe in question.

Johnstone began summing up at 11:30 a.m., and talked until 12:55 n.m. In his address to the jury he bitterly attacked the credibility of and asserted that Harvey concocted Boro President Harvey's testimony, a his story "to get Berg before Berz got him." As a result of the Bergfeud, he said, Paino was an Innocent victim of circumstances. BABE AND CLAIRE WED AT 5:55 A.M.; CROWD IS FOOLED Continued From Page 1. on this statement, however, got left this morning. There were about persons inside the church for the low mass, most of them regular worshippers of the parish, when Babe and Claire arrived in a limousine driven by Henry C.

Penney of Chicago, a triend of the ball player, In the same car were the best man and matron of honor, Mr. and Mrs. George H. Lovell of Scarsdale Also in the wedding party were Mr. and Mrs.

Irving Rosenzweig, Mrs. C. L. Merritt, mother of the bride, and H. L.

Merritt, brother of the bride. During the mass, Pt which the Rev. Father William F. Hughes officiated, about 50 more persons entered the church, and when the bridal party emerged, after posing for the photographers lucky enough to arrive ahead of the announced time, there were about 200 basebail fans and workers cn their way to their jobs waiting in the drizzle for 3 sight of Ruth. Honeymoon on Diamond.

"I guess I'll spend my honeymoon on field." said Ruth. referring to the game this. afternoon. No wedding trip is planned. Ruth, who was raised in a Catholie orphan asylum in Baltimore.

has George Herman as his first names, but is never called by either of them. His first wife, Helen Woodford Ruth, died in a fire in the home of Dr. Edward H. Kinder in Watertown, three months ago They had been living apart for three years. Frank Hodgson, Mrs.

Hodgson's first husband, is also dead. Judging by the broad grins, two of the happiest persons at the ceremony this morning were Johr. Shaughnessey and James Momahon, the two altar boys who assisted at the mass. They have been promised autographed baseballs. None of the Yankee team was there, but Christy Walsh attended the mass and drove with the wedding party to 345 W.

88th the bride's home, for the wedding breakfast. The Ruths and the Lovells, posed for photographs with Hughes in front of the altar and the boom of flashlights resounded loudly from the low ceiling. Ruth later capitulated to the importunities of reporters, "Why was marriage planned so early?" he was asked. "That's hard to answer," said Ruth. "Did you stay ud all night?" "No; I good night's rest.

I got up at "Will there b. party?" "Parties are off now." Mrs. Ruth was asked whether there would by a honeymoon. "No." she said. "We are going to play ball all summer and win a pennant." 'Judges' Yearbook" Racket Is Revived -Beware of It Herman Rubin of the firm of Ja- cob Rubin Son, wholesale glass distributors, answered a telephone call in his office at 1380 Metropolitan ave.

today without suspecting that the telephone was just about as good as the knock of Opportunity. In a moment, however, the matter was made clear to him. "Mr. Rubin?" asked the caller. "I 910 from Judge Leonard's office.

We are getting up the Judges' -surely you've heard of the Judges' Yearbook? Yes. Well, your name has been recommended to us as that of a man who would be interested in advertising with us. Naturally, a man of your intelligence can understand the value of coming in with 115. You can see how, if you should DOCTOR ACCUSED WITH WOMAN OF ABANDONING BABY She Says Patient Didn't Want Child Who Was Deserted in Valley Stream. Mrs.

Anna Fitzgerald, 49, proprietor of the Shelton Arms rooming house at 193 Shelton Jamaica, and Dr. Henry T. Pflug, 50, a physiclan, who lives and maintains offices at the same address, were arrested today and charged with abandoning the infant found last Sunday on the doorstep of Mrs. Emma Zuber's home at Valley Stream, L. I.

They were arrested by Detectives Theodore Berger and Horace Holder of the Jamaica squad. According to the police, Dr. Pflug last Saturday night invited Mrs. Fitzgerald for a drive in his car. wood section of Brooklyn Mrs.

FitzWhile driving through the Ridge- gerald told the police, the doctor asked her to go with him to visit patient there who was expecting to give birth to a child. She went with him, she told police, and stayed to assist. The mother then told them, the police allege, that because she had been a widow 16 months and because she had 14-year-old daughter whom she did not want to know of her having the child, to have the child adopted immediately. Mrs. Fitzgerald volunteered to find a home for the infant, the police said.

Mrs. Fitzgerald and the doctor were to be arraigned today in the Jamaica Magistrate's Court. WHEAT INELIGIBLE TO BE JUDGE HERE; HOOVER RENAMES 3 Woolsey, Caffey and Stryker, Whom Coolidge Picked, Are Approved by White House. Washington, April 17 (P)--PresIdent Hoover is understood to have decided to reappoint three of the four' Federal District Judges for Greater New York whose nominations were sent to the Senate at the last session by President Coolidge but failed to receive action. These men are John M.

Woolsey, Francis G. Caffey and Lloyd P. Stryker, all for the Southern District, which embraces Manhattan and the Bronx. The name of Alfred -A. Wheat, now an Assistant Attorney General, to be District Judge for the EastDistrict, embracing Brooklyn, Kings, Nassau and Richmond, will not be sent to the Senate again, as it develops he is not a resident of that district, which is a legal quirement for appointment.

There has been no indication who the Chief Executive has selected in Mr. Wheat's place. DEAFNESS SEIZES JUDGE AT TRIAL OF HELEN MORGAN Continued From Page 1. short recess of five minutes." he said, and he almost fell as he stepped down from his bench. Twenty minutes later he reported he felt a little better, but he called off the session.

During the enforced intermission, Miss Morgan held court. She sat on the seems uttable- terly unable to sit in a chair for -and talked and talked with her friends. Miss Morgan is making these night club trials a study in contrasts. She is contrasting herself with Tex Guinan, who preceded her into the same courtroom, and who walked out free. Helen is demure where Tex was almost strident.

She is retiring where Tex was dominating. She wore a severe but trim looking tai suit, where Tex wore colors c.J frills. She rarely smiles while court is in session, while Tex was always smiling. She never comments on what ha ens in court, where Tex was forever wisecracking. There was promise today of lively doings.

Prohibition agents of lesser rank than White, who caught Miss Juinan; Mitchell, nabbed Helen, and Tyson, who helped on both, brought in seven bottles. Two were marked champagne, the other five being the common variety of ginger ale bottles. There was some Auid in them all, however, and Salter was all set, he said, to prove that the fluid was liquor and that it had been purchased in the Morgan club. Tyson was put on the stand to testify to that fact. He might have cone so had not Judge Thomas' illness intervened.

As it was, the agents who brought the bottles in stowed them away in pockets again and took them out. Maybe they'll appear again before this is all over. The Jury is a most peculiar one. There are six members of it who are not working. One admits he favors modification of the Prohibition law.

All of them are over 50 and court attendants say the jury has a higher average age than any which has sat in a Federal Court before. If the Tex Guinan jury was one of tired business men, this is a jury of men who have been tired a long time apparently. It is the of panel that is likely to do anything. QUITS TEMPLE PULPIT REV. DR.

J. C. MASSEE LA GUARDIA FAILS TO OFFER PROOF OF WINSLOW FARE FEE Engle Bureau, Colorado Building. Washington, April 17-After making the specific charge in his resolution of April 15 that Federal Judge Francis H. Winslow of New York had accepted "Improper and unlawful considerations" for having signed the injunction on Feb.

17, 1928, which transferred from the State to the Federal courts the Interboro's litigation in an attempt to establish a seven-cent fare, Representative La Guardia of New York completely failed today to produce proof that any such considerations had passed. La Guardia said to an Eagle representative today that because of the way his Impeachment resolution was worded Judge Winslow would have to go on the stand and answer questions about whether he received "improper and unlawful He added: "As the case rests now, everything is unsettled. There is no guilt fixed on anyone, and the public has a decided interest in settling the whole affair. For that reason, the investigation should continue to a conclusion in order that Judge Winslow, if found guilty, may be punished." La Guardia said that he was attending to his business as a Representative from New York, and that if A crime had been committed it was up to District Attorney Charles H. Tuttle of New York to establish the crime.

As nobody except La Guardia had directly charged that "improper and unlawful considerations" had influenced Judge Winslow, who has since resigned rather than face impeachment proceedings in connection with bankruptcy cases, District Attorney Tuttle has nothing to go on. He could do nothing except start a fishing expedition through a' grand Jury for evidence which La Guardia's resolution implied did exist, but which La Guardia. does not offer. La Guardia has refused to appear before a Federal Grand Jury. Tuttle wrote a letter yesterday to La Guardia offering to investigate a criminal charge, but La Guardia has sidestepped.

and the direct charge has thus been a flash in the pan. GUINAN CLUB'S GAYETY HALTED; COPS FIND LIQUOR Continued From Page 1. first entertainment started. Then they the manager. Karl Dopita, an assistant, responded and they demanded his cabaret license.

He said he had none. He was served with a summons returnable in West Side Court today and the detectives ordered all music and entertainment stopped. Then, to be sure it was stopped, they called in Patrolman Bradv, a uniformed man from the West 47th st. station, and left him there. The managers made a halting explanation to a subdued roomful of guests.

The guests began to trickle cut, but pretty soon there was more excitement. Detectives Mitchell, Haake, Fallon, Connors and McMahon, who make up the "dude squad" -they operate in Tuxedos strolled in and got a table. Pretty soon Sergeant Kenneally, their commander, joined them and that was a signal for them all to march toward the kitchen. In the march, they say, a wailer tossed a bottle of liquor under table. Frank Pasaro of 417 W.

43d st. and Robert Ronan of 243 W. 100th both Manhattan, were promptly arrested, charged with possession. This was no hunt for liquor, nowever. All the employees of the club were herded into the kitchen and told to produce their certificates to handle food.

Maltiers Spieglitz of 9011 186th Hollis, L. who has the restaurant concession, had no certificate. Chang Foo, a cook, and Alvara Alcarez, William Rosenberg, William Foster and Hoyt Raleigh, all waiters, could produce no certificate. They were given summonses and the police went away. By that time the' so-called merrymakers had got tired of looking at themselves.

They booed and hissed the police a little and then went away. The club was virtually closed because of no business when curfew rang at 3 o'clock and Commissioner Whalen had won a sweeping victory in his first skirmish. Incidentally, Inspector Loonam, who was out looking the clubs over early today, reported every one closed at 3 o'clock as per instructions from the Police Department. Police in Harlem, Greenwich Village and Brooklyn reported the same thing. Embezzled $30,500 Because 'Father of 5 Should Enjoy Life' Philip Agres, under arrest for the theft of $30.500 from the brokerage Arm by which he was employed AS cashier, had an intriguing explanation, the police declared, for his detalcations.

Agres lives at 103 4th pl. and was cashier for Edgar Williams Co. of 20 Broad Manhattan, He is 47 and the father of five children. When he was arrested late yesterday he told the police, they said later, that the missing money was spent in enjoying the night life of Broadwav-because he was the tather of five children. DR.

MASSEE QUITS HIS PASTORATE IN BOSTON TEMPLE ney moved the sult for trial and a verdict was returned against the plaintiff without her presence, elether in person or through counsel, The jury before Justice Lydon will have to settle whether the judgment of the Federal Court acts as a bar to bring any trial here and whether the facts adduced there are conclusive against Miss Fontaine, The boy, whose paternity is at Issue, sat through the proceedings today reading a book and paying no attention to what went on. The plaintiff -witness was permitted to answer oly one relevant question. Asked if she knew Whitney, she said "When did you meet him?" Judge Cohalan asked theen, but Mr. Davis objected and this objection, as well as others made to a series of other questions by the plaintiff's attorney, was sustainede. A recess was called until later this afternoon.

SAMUEL BARNETT DIES AS 2 BANKS EFFECT MERGER Continued From Page 1. becoming vice chairman of the board of the Bank of United States. Earned $3 a Week: Mr. Barnett's career was unusual. He came to America 40 years ago from the Ukraine, and after a time in Mississinni.

come York with $350 and took a $3 a week job. In 1905 he went 441.0 v0 bale clothing when business retiring organization some years was doing an annual business of about $3,500,000. He became president of the Municipal in 1922, During his early days in Brooklyn, before his venture in the clothing field, Mr. Barnett sold dry goods from a pushcart in the Brownsville and Williamsburg sections. Surviving are his wife.

Mrs. Hannah Barnett; a daughter, Mrs. Marion Levinson, and a son, Herbert. Two brothers and four sisters also survive. Death Was Sudden.

At the home' of Mr. Barnett, 1376 President it was said today that the funeral arrangements have not Leen completed. The family said that Mr. Barnett's death was very sudden. Although he had been in poor health for some time it was thought that he was on the way to recovery.

The terms of the merger provide exchange of units of Bank of United States for each share of Municipal Bank. One Bank of United States unit will be exchanged for each three shares of Municipal Financial Corporation, securities affiliate of the bank. Brooklyn's Second Largest. The Municipal Bank and Trust Company is the second largest bank with the majority of its offices in Brooklyn. Total resources of the two banks exceed $300.000,000, exclusive of the assets of the Bankers Corporation, securities affiliate of the Bank of United States.

into which will be merged the Municipal Financial Corporation, occupying a similar position with respect to the Municipal Bank. Present resources of the Bank of United States are $232,127,249, while those of the Municipal at the most recent call were $31,219,629. Combined capital, surplus and undivided profits of the enlarged Bank of United States will be in excess of $46,000,000. Such funds of the Municipal now amount to $12,261,264, and those of the Bank of United States to $33,984,565. Marcus Is President.

Bernard K. Marcus, son of the founder of the Bank of United States, will remain as president and C. Stanley Mitchell as chairman. Saul Singer will remain executive vice president, The board of the Bank of United States will be enlarged to admit several Municipal directors. The merger will give the Bank of United States 16 additional offices in Brooklyn, where its chain heretofore has been weakest.

Out of 37 offices in New York City, the Bank of United States has had only one Brooklyn branch. The four Manhattan branches of the Municipal, including the headquarters at 70 Wall also will be added. bringing the total number of Bank of United States offices to 57, exceeded only by the Corn Exchange Bank, with 66, and the Bank of the Manhattan Company, with 62. Had Remarkable Growth. The growth of the Municipal has been one of the most remarkable episodes of Brooklyn banking.

Organized in September, 1919, with capital and surplus of $300.000, its operations were confined to Brooklyn until last August, when the Wall Street office was opened. Deposits grew from $1,739,594 on Dec. 1, 1920, to $42,017,703 at the time of the Wall Street office opening. Capital has been increased seven times and numerous small banks absorbed and converted into branches. The Bank of United States has had an almost parallel record in Manhattan.

Organized in 1913, it acquired the Central Mercantile Bank and Trust Company and the Cosmopolitan Bank last year, and about a month ago added the Colonial Bank and the Bank of the Rocka ways. SENATE O. WAY OF NAMING MELLON Washington, April 17 (P)-The Senate Judiciary Committee, after deciding today that Andrew W. Mellon had a right to remain in the 'Hoover Cabinet without his nomination being resubmitted, deferred until Friday a determination of whether his business connections would bar him. counsel demanding the promised "proof." The indemnity company, it was vouched to The Eagle, has not had a line in reply to its demands on the Banking Department.

Nor will the company come forward with the $100,000 demanded until the heralded proof is forthcoming. The $500,000 amount fixed as the minimum of losses sustained by the frauds, it was brought out today, would practically cover the $1,225,000 stockholders' losses admitted to by Mahoney with the addition to the $500,000 sum of the fictitious entry, "Due from foreign banks, $800,000," found on the defunct bank's books. This entry, uncovered by The Eagle, was unearthed in the City Trust records by examiners of Dr. A. H.

Giannini after it had been passed up by Warder's examiners, and the fact that Dr. Giannini's men were unable to find a single paper confirming the entry was a principal cause of his failure to take I over the institution. Ex- Brooklyn Minister's Resignation Accepted After Row on Deacons. I ever get into difficulties of any sort, the judges--you understand? Suppose we one of our men over to see you, and you can arrange then 'as, to just how much space you want." Mr. Rubin, unfortunately, had heard of the "Judges' Yearbook" racket and he suggested that he'd prefer to call "Judge Leonard" back.

"Where can I telephone him?" he asked. Without answering, the caller hung up. Thus it appears that the yearbook racket, which was investigated six or eight months ago, is again operating in Brooklyn, and any one who wants to buy a promise of pull with the judges may do so for a mere $25 and up of advertising in the "Judges' Yearbook." And? Oh, yes--of course the promise won't be kept. Boston, April 17 -The Rev. Dr.

Jasper C. Massee, formerly pastor of the Baptist Temple, Brooklyn, has resigned as pastor of Tremont Temple here, one of the largest Baptist congregations in the country, and announced his intention of entering the evangelistic field as offering "an avenue of wider usefulness." The resignation was accepted at a protracted and stormy meeting of the Temple congregation last night. There had been reports of friction between Dr. Massee and members of the board, but the pastor denied these when, recently, ho read dis resignation to the church members. Strives for Harmony.

Friction among the members of the Temple was openly manifested at the meeting and election of six deacons of the church organization and intimations were made that the question would be taken to the courts. The election was carried out after four ballots and resulted in the defeat of two of the old deacons. It was protested by Deacon McCoy. Dr. Massee strove in vain to bring about harmony at the meeting.

On several occasions he censured members for cheering and applauding, declaring such actions Improper at a church meeting. Strife in the church became apparent a few days prior to the submission of the pastor's resignation, and has been on the increase pending the annual meeting. Dr. Massee, however, denied that he was leaving the parish because of any trouble. His only reason, he said, was a desire to take up evangelical work.

He is already booked for months ahead at big revival meetings. Came to Brooklyn in 1920. Dr. Massee came to the Baptist Temple here on Jan. 1, 1920, and in March, 1922, announced his resignation, effective April.

15, to answer the call at Tremont Temple in Boston. He came to Brooklyn from Dayton, Ohio, where he had held a pastorate for the seven years preceding. Dr. Massee was born in Georgia and graduated from the Baptist Theological Seminary of Louisville in 1893, when he was ordained. Before coming to had charge in Chattanooga, and Raleigh, N.

He became widely known as an evangelist. Bible conference teacher and author of books and articles on religious subjects. He was one of the best known Baptist ministers in Brooklyn during the pastorate here. being a frequent contributor to The Eagle's Monde cormon pages. PRESIDENT TO B3 TARIFF DICTATOR IF AIM SUCCEEDS Continued From Page 1.

House, it is bound to run into violent opposition in the Senate. In view of the decision of United States Supreme Court in the flexible tariff case, there seems little doubt that Congress has the right, under the Constitution, to delegate to the President the power raise or lower rates. There is grave question, however. whether Congress would have the right to. delegate to the President the power to impose duties on articles which are on the free list.

Would Avoid Friction. The formula under which the Taiff Commission now recommends changes to the President is based on the difference in production costs at home and abroad. This requires that agents of the U. S. Government have access to the book of foreign concerns.

The practice has been a constant source of friction, as the President pointed out in his message. The alternatives to this formula, now proposed in the tariff commission's plan, are as follows: 1. Comparison of American production costs with what American importers have pay for foreign goods; information readily available in this country. 2. Comparison of American domestic costs with what similar articles are sold for abroad.

3. Comparison of the wholesale selling prices of American goods with foreign wholesale prices at the chief point of entry. On the basis of these formulas, the Tar Commission coull make qui-': decisions. Recommendations to the President would become far more speedy than in the past. The above plan represents the maximum that the Tariff Commission and the President can ope to attain.

If Congress decides to give the President more power in this fle'4, is safe to predict that the discretion now proposed will be much modified. TEXTILE PEACE NEAR AS STRIKE RANKS THIN Charlotte. N. April 17 (AP)Textile mills in the Carolinas opened today with the strike ranks depleted at least temporarily by approximately 600 workers and with official forecasts of early peace by labor leaders and plant operators, Charles Wood, Department of Labor Conciliator, announced in statement last night that satisfactory progress toward early settlement of strikes was being made at all mills except those where strikers are under the leadership of the tional Textile Workers Union. There, he said, the situation was at a standstill.

PERSONALS "The father of five children has little opportunity to enjoy life," the police said he informed them, out of the depths of his own experience and in the ordinary course of events never would. Agres had been steadily employed by the same concern for 21 About two years ago he decided he had enough of this- that he'd get his enjoyment of life, children or no children. The money for. this he is accused of having acquired by the simple process. of making out checks for sums ranging between $400 and $500 and tearing out the stub or marking the stub for 3 much smaller amount.

H. GREENE, 3002 Avenue K. has sold grocery and dairy to Erhart Norby; all creditors must present bills on or before April 19, 1929. I WILL not be responsible for any debts Incurred by my wife, Winnefred. Henry C.

Wehmann, 12835 146th st, S. Ozone Park, N. Y. WILL NOT BE responsible for any, debta incurred by my wife, Rose. Richard Aidinis, 68 Ellery st, Brooklyn.

SOUTHERN PACIFIC STOCKHOLDERS! 1 Help old navy yarders receive pay found due, Federal Court! Also call attention Government action Death Valley expenses 1903, Vote for me 21st Congressional District. George Hiram Mann. THE PARTNERSHIP heretofore. existing between the undersigned is hereby dis solved as of April 1, 1929. CHARLES A.

FISHER. HUGH B. POLSON..