The News -and WATCH LABEL L -rear sav. 8a4 laata-al ia X TUKWEATUER Narth Caroliaa Fair frlday 4 probably Batarday, cold er Friday. erve sslastao) stasis tear. TEN PAGES TODAY RALEIGH. H.:., FRIDAY MORNING. DECEMBER 24. 1920. TEN PAGES TODAY. PRieE: FIVE CENTS ,VOLCXIL.N0.177. ECLARES BATTLE IN SENATE 1 j UllttULl) DEFICIT 2 TO DEFEAT TARIFF STATE DEPARTMENT TAKES COGNIZANCE DEMOCRATS BEGIN GOVERNOR WRITES FINAL CHAPTER IN BOOK OF PARDONS HOUSTON D nn col UUiLIt 1 1 L BILLION Consideration of Measure In - Upper House Blocked By Senator Harrison UNDERWOOD PREPARED TO F1GH-F AGAINST BIL1 Democrat! Plan To Delay Ac tion Until Return of Senator Simmons To Capitol; Under. tood President Ready To Veto Measure If It Comes To Him tNqr Signature The New and Observer Bureau, 403 District National Bank Bldg., Br U, E. POWELL. Washington, Dec. 23. Democratic Senators today begun their fight on the so-called emergency tariff bill passed in the House yesterday, when motion to bring the measure up for consid erntion was blocked by the objection of Senator Pat Harrison, of Mississ ippi. ' Senator Simmons is not1 expected to return to Washington to take up the cudgels against this measure on Hon day, but the Democrat ean delay ae- tioa until he doj return and they have indicated tin course will be pursued. The senior North Carolina Senator has givwn assurance that the Democrats will not resort to filibustering tactics to defeat t!:e bill, but Senator Thomas, 6 Colorado, mid today that he was are pared to 'o Quite a bit of talking on the tariff -neasure and Senator Thomas is some taitcr. 8eaa'or Read Smoot, chief mouth piece Oil the Senate floor for Boss Pen rose, announced today that the bill would not be considered by the finance f committee- Tho Democrats insist that ; as it is a protective measure only it should have the same treatment as any other tariff bill. Underwood Againat It. Tl. .;.;., in,i ;n t, BDnnt. Senator Oscar Underwood, will oppose the lull with all bis force, it was said about the Capitol today. Tho Alabama ' Senator is not opposed to a tariff meas ure of some kind at this session "for revenue onlys," but be is against the Fordncy-Uceu jtroposal. The possibility that - this measure will, gniu strength in the Senate has not been overlooked by those Democrats who see in it a net from which no disciple of Jefferson or Jackson can escaiie when the big protective bill cornea in next spring or summer. For this reason, rouamunientian has been established with the White House and it is understood that tha President prepared tn veto the measure if it comes to him for signature. The Dem ocrats in the, Senate cau, if their backs are forced to the wall, prevent passage over a veto, although, two' or three minority members are slated to sup port it now. Briiuon For It. Contrary to anticipation after a poll of the Tar Heel delegation yesterday, Representative Sam Brinson voted for the bill. Five member of the doloaa tion were paired against it, these being' Messrs. Hoey, Doughtonl Godwin, Mob inson and Kitchin. Messrs. Pou, 8mnllN Btedman and Weaver were on the floor when the vote came last night and reg- istered opposition to it. The views of Mr. Kitchin were in eorporated in the hearing on the bill in a telegram yesterday sent by him from Scotland Keck to Representative v Charles B. Crisp, of Georgia, in re sponse to messages sent him by Dem ocrntif-member Of the House. Kltchla's Views. Mr. kitchin said: "While you ran count on my standing br what the Democrats . en the com xaittae do.my judgment is that there to nothing in the proposition that will help the cotton and tobacco farmer of the Booth ana the grain larmer or tne West and much, ia the future, that miaht hurt him. " "It may increase prices, of some of his necessary cure ha sea. Only oil from agriculture products sjhould be includ ed. Certainly mineral . oils should be excluded: their prieM already sky hia-h and too they are already the object of outrageousfavoritism in the tax set The proposition nsy help the livestock man and , peanut growers for next rear's crop not tii yarB. They (the peanut fanners) must sell thisi year's crop before a bag of foreign ants ran reach here after the act. "If Democrats favor the preposition,' said he, "couple it with' a clear, rigid, enforceable, non-profiteering provision protecting the manufacturer or sura products: otherwise, they will take Jt mm an awa to excessively ' profiteer, TherrSroBositlon, it enacted, "may prove indirectly virtue by undeceiving the-t Western farmer witn respect w me tariff, since in any opinion, the far. atCT will experience praetieally no ben edeiaT e'ifect from if. Ia our aeetioa the only thing that will help now are for the Secretary ,or me iressury v ru na tion according to the intent ana par nose of too War Finance Corporation extension set we passed in the Sixty. Jlfth Congress for the beaefit of eVports ad for the Keservn ' uoara aot re eh rage discount rate higher than ena per cent" less than the legal rate of interest la we Btaia n wuica u loan 1 atade. ' . ' "y - I Cite Legal Kate. For instance, -legal rate .fa , North Carolina is si pr' cent When money ia loaned to banks in this State by re serve banks the rate should aot exceed fir per cent. This leaves a margin ef ene per cent to cover the expense and some little profit to the borrowing bank which will loan t the . people. Be member, if hprohibitive tariff or em barge is good ia times of emergencies, H is good la aormal time to prevent future emergencies. Caa we afford tn educate ur farmers that bjgjf tariffs (Ceatlaaed aw Page Two) - - Two Conditional Pardons, One Parole and Eighteen Sen dee Reductions "JIM POWERHOUSE" GOES FREE AFTER MANY YEARS Hag The Distinction of Being Only Man Who Operated a Still Within Penitentiary; X Governor's List Made Up Mostly Out of His Personal Knowledge of Prisoners The, final chapter in Governor Biek- ctt's pardon record was written yester day when he made public bis Christ mas greetings to the men who serve ia the State prison, two conditional pardons, a single conditional parole and IS commutations of sentence, many of which terminate the sentence immediately. The list is the Gover nor's last before he retires rVom office early in January. There is no outstanding story in either of the 21 items of elemency in the Governor's list. For th most part the men who are set free had none to apeak for them. The Governor found them for himself, and of his own judg ment, determined to cut short their sentences, because their eases seemed worthy to him. Classified as to their offences the cases arc: Second degree murder, 11; second degree burglary, 2; blockading, 3; rape, 2; murder, 1; man- salughtcr, 1 ; assault, 1. Oldest Prisoner Freed. Oldest among the men who go home is liunnon Haynes, a negro, seni up from Columbus county in November, 1897, for murder in the first degree to serve a life sentence. - Twenty-three years has served to Plot mm out of the memory of everybody, but in looking over the roster of prisoners and their prison record, the Gover nor behoves that Haynes has served long enough. He has been a good pris oner. And there is Richard Blanton, com ing to prison from Rowan eounty in 1902. to serve a life sentence, lie, with another negro, were sentenced to dio for rape, but Governor Aycock commuted him. Ia these latter years Blanton has operated the machinery that transforms a 220-volt current of electricity into more than 2,000 to ba poured through th oodies or con demned mn when they are strapped in the electric chair. They sailed him Jim Pgjrrrhoo.' ' I i Baa Death Machine. Something of distinction wan, gained by Jim Powerhouse last fall when he took a few odds and ends or nu aua contrived a steam distillery ia the basement of the prison, set it up and tried to make liquor. It didn't quite work. He has- made a perfect prisoner and is one of the ablest mechanic in the institution. The clemency list loiiows: Ashley Southerland, Wayne eounty convicted of second degree murder April, 1919,- and sentenced to 10 years in prison, rardoned conditionally. B. U. Newsome, rorsytn eounty, convicted of second degree murder in October. 1918. and sentenced to 30 years in prison. Pardoned condition' ally. John Henderson. Guilford county. convicted of second degree burdlary in December. 1913. and sentenced to 10 years in prison, raroied eouaiuouaiiy Dok Harden. Kobeson eounty, con victed of manufacturing liquor in July, 1920. and sentenced to la months on the roada. Commuted to 6 months. W. H. Williams, Lenoir county, con vleted of second degree murder ia De cember, 1918, and sentenced to 16 year n prison. Commuted to expire. lecem bcr 21, 1920. Sentences' Shortened. Dave Monroe, Kobeson eounty, eon victud of rape in February, 1914, and sentenced to 30 years ia prison. Com muted to 20 years. J Eugene Jackson, New - Hanover tounty, convicted of second degree burglary ia June, 1918. Commuted to expire JMeember Xl, 19Z0. . Sam McRae, Richmond eounty, eon victed of second degree murder ia .Sep tember, 1912, and sentenced to 10 year in prison. Commuted to expire Heeenv Der 21. lvzu. Ernest N, tune, Randolph eounty, conv'.rted of second degree murder in March. 1919, and sentenced to 30 year. Commuted to 20 year ia prison. . Richsrd lilantoa. Bowaa eountr. con victed ia August, 19021 for rape and sentenced to life imprisonment. Cat to 30 yoars and, now commuted to expirs December 81, 1920. Liunnon Haynes, Columbus eounty, convicted of murder and sentenced te 30 years. Commuted to expire Decern ber 81. 19201 Leonard Armond, Beaufort eounty, convicted of second degree murder ia April. 1918, and sentenced te 20 years. uommuiea to ia year.- - Will Mtevenson, Mecklenburg eounty. eonvieted ef, second degree murder inJ July, .1914, and senteneed to 30 years. Coramutea to kv years. ( ; v "! 1 Claude nance. Columbus eountr. -eon- victed ef manelaaghter ia August, 1019. ana sentenced to to m years. Com mated to O to S years. John Hairstoa, Forsyth eounty. eoa victed of second degree murder ia July, wis, ana eenteneea, to 2U years, com mated te 20 'years. 1 -- Will Funderburk, Union eousty. con victed -of second degree murder in Jan uary, 1911, and sentenced to 30 years. commutea to xv year. - , , Sob Beid, Mecklenburg: .county, con victed - of second decree murder In ApriL.1909, and sentenced to 30 rear. Commuted to 20 years. " t . , J ' -. : . J. JN. Carter, Yadkin eou a ty 4' con victed ef mautfacturiag liaoor ; and barn burning la March, 1919 and sea teneed tes. 10 year. Commuted to I years. . .- ....... A ,U, Johnson, Buncombe - eountv. convicted of an asaatttt ia May. 1920 (Ceatlaaed ea Page Two) Foreign Countries Require Credit to Putvhase Cotton T IS NOW EXHAUSTED Trie News and Observer Ex presses Its Appreciation To Those Who Made It Success The entire list of sixty-three Oppor tunities for Christmas Service offered by the News and Observer to the people of.Italeigh haa been exhausted and tha paper ia it owa name and ia tha ancie of the folks who are made happy Jbj thie manifestation of the real Chrirmas spirit offora it sincere thank to the friends who eo operated to maks It a success. Id sddition to the opportunities al ready credited the Junior Bed Oros Society of Cary obtained the address of Opportunity aamber 49, destitute family living1 near Cary, in order to add to the Christmas cheer of this family. This opportunity had already been taken but the Cary Junior Bod Cross felt that the mare Christmas provided for the family the better they would like it. Mrs. A. C. Wilson, of Raleigh, also sest a 15 contribution to be used in the manner deemed, best for meeting the needs or one Christmas oppor- tunity. The-, opportunities taken yesterday were : OPPORTUNITY NO. T. Taken byia friend. OPPORTUNITY NO. 14. v Taken by Mrs. J. Crawford Biggs. OPPORTUNITY NO. 4s. Taken by U O. Bullard, 401 Jones street. OPPORTUNITT NO. 42. Tken by Jck Ooursey, 920 W. Lenoir ret- ' f TAR HEEL SENATORS : HOME FOR CHRISTMAS Secretary and Mrs. Daniels To Spend Holidays In The Na. tional Capital By R. E. POWELL. -(By Leased Wire. Washington, Dee. 23. Both the North Carolina Senators will spend the Christmas holidays ia North Caroliaa, Senator Simmon having left last night for New Bern and Senator Over man for Salisbury. The junior Senator is expected to return here about Jan uary 3rd whea the Congress will reas semble ia full aambers . and Senator Simmons will get beck day or two aaeaa to jlne op the tariff opposition. : osererary an Mrs. uaniela will spend the holidays da Washintrtoa and will have with them-their four sons, Jo sephus, from Raleigh; Jonathan, from Chapel Hill; Worth, from Baltimore. ana rang. .-.: Representative Kiichia trill return - - v. wvwvicvw 1 hu arciAW WIV aouaaye at ni some With bis family, Major Stedmaa. BeoresenUtiva Pou aad Representative Godwin will spend tne Monday ia Washington also. Representatives Hoey, Brinsoa aad Kobinson are already ia th State and Representatives Small. Weaver aad Doaghtoa loft today for their homes la . washingtoa. Ashevills and Laurel Spring , ' - Frank A. Hampton, secretary to Sen ator Simmons, goes to Rocky Mount for the holidays, and C. Hubert Martin, Wi let ' or Starr ia Senator Overman's office, will-Tialt Louisburg and Smith- aeia during the recess. . . J. it, JlalL ef Wilkes eounty. was today appointed prohibition agent and will be assigned to duty under Chief Inspector Herbert Galley. ' Mr. and Mrs. Edward E. Britton have with them for the holiday Mrs. Lewis P. Armstrong. Mrs. Britton's niece, ef OPPORTUNITY LIS Richmond, 1 The Governoi and Mrs. tend Christmas Greetings to All the People of North Carolina May the Joyovt Suon brini to'vt all a now birth of love and tau$htet, a uii gratp of HoaVon and a hemer relish of tho earth; and above the diteoidant criet hf thell-thochei and debt-haunted men mop We still be able to heai the Blessed Anjels sin$. Consular Agents Report Ques tion of Credit Is Now De termining Factor GERMANY NEEDS OVER HALF MILLION BALES Detailed Figures From Agents Show Needs of American Cotton Abroad Washington, Dec. 23. The question of exchange and ability to get credits will determine largely the amount of American cotton which will be taken by foreign countries, particularly Ger many, American eonsuTaraCnt i4 in a report which was" transmitted to day to the Senate by President Wilson. No summary of the reports was made by th State .Department, the detailed figures from each of the consular agents being transmitted. . The reports were gathered last sum mer in response to a Senate resolution aaking for the amount of cotton which will be' needed during th year, the re ports of the consuls covering the pe riod generally from August 31, 1920, to August, Ul-l. Germaay'a Needs. Between 600,000 and 700,000 bales of eotton will be needed by Germany for the year ending August .31, 1921, the American consular agent at Berlin esti mated. Germany is operating between one third and one half of her 10,000,000 spindles and the market is short of the better grades of eotton snd the short fibred low grade cotton for which there has been considerable demand and has been largely of East Indian production. Germany before the war consumed about 10,800,000 bales of Americas eot ton annually, he said. "The question of the extension of the sales of American cotton in Ger many is a matter of credit, he assert ed. The Germans require aix months credit, the report sdded, and while pro posals have been put forward for those furnishing the product to tnke the fin ished product in payment this has not gotten anywhere because a German law forbids a creditor tSf hold a lien on ma terial furnished to a mill under such term. Belgian ' Requirements. Belgian needs for the year are esti mated st between 50,000 and 150,000 bales. Her demsnds ars confined to high grade staples of one inch to one and one eighth inches in length, the re port, added. . Greece's reqirements were estimated at about 26,000 bales, snd that country produces a quantity of eotton similar to American middling of 7-8 . inch in length Spain s requirements were placed at 330,000 bales, with the statement thst the amount of Indian eotton imports would probably be reduced owing to exchange conditions. The eonsnl at Havre reported Frances textile industry rapidly recov ering from Ue war and her imports of American eotton placed at -695,000 bales as against about lfiwpOO prior to the war. ' Holland was reported a largely In creasing; her warehouse manufacturing facilities' with a view of increasing the imports of American eotton which she intended to manufacture and sell the manufactured goods to Germany. A eotton market ha been opened at Rot terdam. Jaaaa Uncertain. The forecast of what Japan will want was declared to be ''very ascer tain by the consul at Kobe) and he estimated the needs at between 623,000 and 800,000 bales. ; , Estimates for Norway were placed at about 25,000 bales aad for Denmark, the same'BomleTV.'i V'rf ':," The consul at Liverpool reported no definite information as te what Eng land might need, while the report from the consul at Portugal said that it was posible Brasul might be able te com pete with the Americaa jeottont, "' Mexico uity reported no Imports of cotton necessary as that country .raised enough to take care of tha noaieatie needs. w Cotton for Austria was reported te be Aaadlel ) fBta ot 4 owi Am, I Bichett L MATTER IN SENATE Sharp Criticism of Coal Asso ciation and Government De partments Made Washington, Dec. 23. Senate investi gation of the 'coal industry was sus pended today until next Wednesday, but sharp criticism of tho National Coal Asvciation and government de partments came up on the Henate floor, when Senator Colder, of New York, chairman of the investigating commit tee, brought recent disclosures into de bate. The New York Senator gave no tice that the committee would proceed next to clear np charge by George H Cushing, managing director of the Americaa Wholesale Coal Association that government officials had person ally participated in coal profits during me periou oi suunago last jhii. Senator Calder, speaking on the Sen ate floor, aid the War Department had enabled eoal men to make (8.000.000 profits by buying two million tons of eoal during the stringency, and report ed that D. W; Wentx, president of the National Coal Asoeiation, took $75,000 in commissions for purchaing a part of the quantity. Senator Pomercne, Democrat, Ohio, demanded that the committee refer the matter to the Department of Justice if found that Col. Wcntz sold coal mined by himelf for $3.50 a ton while the government paid $11.50 for its qiiot: Senator Edge, Republican, New Jersey, a.' 1 that in fairness to the Association president, the 'Senate should note that he advised the War Department agninst making the purchase and did not sell the government his own eoal. Senators Pomerehe and Kouyon, Be publican, Iowa, exchanged " remarks as to the "common honesty" involved in coal dealings, whild Senator Calder charged that sthe coal association had influenced the Interstate Commerce Commission, manipulated Geological 8urvey figures on coal production and collected $1,000,000 from its members to maintain for Ihree years the organi sation, the activities' o which he criti cised. 5TH ARTILLERY REGIMENT IS AWARDED FOURRAGERE Camp Bragg Outfit Awarded The Highest Honor Within ( The Gift of France Fayettevillc, Dec. 23. Christmas cetc brat ions by the Fifth Field Artillery, stationed at Camp Bragg, took on an added fervor here today when the regi ment received notice that it had been awa: ' t'efo -g-rj .:.o highest dis tinction that can be bestowed by the French Republic, ia recognition of beroism. Announcement of the nward was made in a telegram to Colonel' A. J. Bowley, eommsnding officer of the regiment nnd of the camp, In a telegram from Gen ertl Summerell. The regiment served overseas with th First Division and with tho. Sixth and Seventh. ' was in almost continuous action for a year. The award corresponds to the personal decoration ef the Croix do Guerre, and tarries with It the privilege of every man in the outfit wearing the colors of the order in a shoulder nigrette. Flan are being made foe the official presentation of the award. Invitatioa will be extended to General Colingy, military attache to tho French em bassy, to make the presentation,. ' Colonel Bowley commanded the regi ment prior to th outbreak of the war, whea he -was advanced to the rank of Brigsdier-Genersl snd placed- ia com snand of the artillery of tho" Second Division. Since ths war he ha ben returned to the regiment and accom panied it here sevsrat weeks ago whea Gamp Bragg became the regiment's per maaeatpost. 1 i ki him 1 r . New Orleans, Dee. 23. CALDER AIRS COA Orleans, Dee. 23-Totai rieelij) bed at :30 e clock each night for production for Louisiana for this sea eoa was estimated at 25,EOU,ooo bushel ia-a report 'mad public today-by th local ofliee of th bureau of crop esti- Apiculture. t , ., . ". Secretary Says Congress Must Avoid Putting Heavier Bur den On Treasury DEFICIT MUCH LARGER THAN WAS ANTICIPATED Continued Discussion of Sol diers' Bonns and Legislative Measures For Financial Re lief Affecting Market Prices of Government Securities, Secretary Asserts Washington, Die. 23.- Declaring that the government fares a gross deficit of $2,100.ixK),ikmi tr the current fiscal year, Secretary nttuston today warned tho Senate finance committee that Congress nhould avoid putting a heavier burden on the Treasury Department. The estimate camn as a surprise to the com mittee, as it !U nearly $ 1 ,000,000,000 greater than tlwit recently estimated by Senator McCunilicr, Nprth Dakota, one of its members. For the fiscal year, ending June 30, !22, the treasury head estimated the deficit would lio approximately $1,500, 000,000 and he added that it could be seen that new. Sources bf- revenue nmst ho sought to meet even current require ments. Dlacuaars Bonus Bill. Mr. Houston was called before the committee to discuss the soldiers' bon is bill which, according to estimates, would require an outlay of $1,500,000,. 000, nnd ho indicated that i1- Treasury would oppose any action by. Congress that wtiii Id ten.1 to open a new drain on the treasury. x The Secretary also reiteratod his ob jections to the revival of "the War Finance Corporation. It would mean, ha said, thnt t' e treasury would bo com pelled to launch a new program of bor rowing. The committee was unable to com plete its work today and asked Mr. ifoiixton to return for further testimony Monday. BOND PRICES Bl'FFERING AS RESULT OF DISCUSSION Wushington, Dec. 23. Market prices of Liberty bouds and other govern ment securities were said today by Secretary Houston to be suffering as u lesult of the continued discussion of the soldiers' bonus and the various legislative measures for the relief if the farmers, auch as the revival of tho War 1'iuaaoe Corporation. r . - Enactment into raw of either of these propositions, the Treasury Secre tary declared, would, necessitate flota tion by the government of a loan which would add to the amount of govern ment securities now outstanding sag cause consequent reaction in the market for government bonds. Must lsaua Bonds. Necessity of a bond issue to finance a soldiers' bonus, Mr. Houston said, is readily understood, but it would be equally necessary for flie government to borrow in o:der to enablo the War Finance Corporation to function. Tha corporation, ho said, has about $370,000,- 000 in book credits against the Treasury but to resume its setlvities it would have either to issue bonds of 'its own to obtain funds or call upon the treasury for its balance, in which esse the Treasury would be forced to issuo certificates of indebtedness in order to raise the money. The Secretary also said he was op posed to the various proposals for ex icnamg ereiit to loreign nations on the basis -of government funds, the ad ministration having decided there should be an end to foreign loans. ,. Against Bales Tax. Discussing a sale tax te provide gov ernment revenues, a subject now under consideration by the House ways nnd means committee, the Secretary dee la r ed himself opposed to a general sales tax on the ground thtt it .was eon trary to the theory of progressive taxa tion. He added, however, that ne favored a selected sales tax applicable to certain classes or articles not neces' sarics whiclf he said would keep ths burden or 1 e tax from lose unable to WEAVER INTRODUCES INDIAN tAND MEASURE Bill For Distribution of Chero kee Lands In Weatorn N. C. To Come Up Soon Washington, Dec. 2.1.J-Distribution of the lands now held by Cherokee Indians in Western - North Carolina, provided for in a bill introduced in the House by Representative Weaver, Dem oc rat, North Carolina, will come np noon before a sub-committee, Mr Weaver today announced. ,ach Indian would be allowed .thirty acres of' land under ths bill. Repre sentative Weaver said the lands of this colony" consisted of between 40,000 an 150,000 acres in Swain county, contain' ing valuable water power sites which probably will be retained by the gov ernment.' . GIVES CHRISTMAS JOY TO SENTENCED BOYS West Orange, N. "J.; Deo. 3. Recall ing the day when, he too' was a boy, bent upon pillaging jam larders snd mother's pies set out to cool, Recorder John B. Lander's heart softened today ahd he issued an order that brought Joy to three West Orsnge youngsters. Hailed before the recorder, a trio or mischief-makers -was sentenced to re ceive no Christmas presents,' to take no part in Xuletide celebrations ana go mourn. . ., . , . : .Citizens 'intervened, ' protesting thst the panislinieut was to severe. . To night th sentence wss suspended ever Christmas. v aad Christmas, and .Santa Ciaus was. notified. OF. CABLE INCIDENT ' V -'j British Embassy May BAsked For Explanation of Letter To Senator , ,' . KELLOGG SENDS DATA TO STATE DEPARTMENT Letter of Embassy Direct To The Senator Denying Testi mony That British Anthori- , . ties. Censored Cable Mes. sages Regarded As Breach of Diplomatic Courtesy Washington, Dec. 23. (By the Asso ciatcd Press.) Official eognizaace was taken today by the State. Department of the action of the British embassy in writing diiectly to Chairman Kellogg, of the Senate committee investigating cable communications, denying testi mony of witnesses that. the British an-- " thorities imposed a censorship on eabls mcssag's coming to the United States from Great Britain. At the department's request, Senator Kellogg scr.t to Acting Secretary Davis a copy of the embassy's letter, together with a transcript of the testimony of officials of American cable companies thnt a censorship was imposed. Officials declined to discuss the inci dent, but it was indicated that the em- . bassy would be asked for an explana tion of what was regarded as a breach of diplomatic, courtesy. A similar efnirse was followed recently when Dr. Julio Binnchi, the Guatemalan mini ster, took up directly with Senator. Moses, of New Hampshire, a discussion of the Senator's resolution Hiking the State Department for information con cerning the detention of former Presi dent Cabrera by the present authorities in Guatemala. Incident Not Similar. It was made clear, howver, 4hat th two incidents were not regarded as within the same category as on dealt1 with ontemplnted acticn by the legis. lative branch of .the government, whereas the other had only to, do with an effort to correct what was regarded by the embassy as erroneous informs, tion which had becu given to a Senate committee in the course of a hearing. Officials also indicatiaftheir belief that there aa aoiae reasonable explana tion of the embassy's action in dealing . . directly with Senator Kellogg instead of through the State Department as is the usually accepted procedure. Kellogg' Explanation. - Senator Kellogg said today that ia referring the matter to the State De partment he had acted on th advice of Fred K. Nielsen, solicitor of the de partment. With bis letter to Acting Secretary Davis the Senator trans mitted a copy of the letter received" from the British embassy and also " copies of the transcript of the test mony of Mr. Carlton and of John Gold- hammer, secretary of the Commercial Cable Company, charging that the British censors required suifenission of all American cable message!. Senator Kellogg said that in view of. these positive statements that a British censorship existed, he was asking ths State Department to inquire from ths kBritish embassy, despite its letter of denial, whether 11 was irueaai a sen- sorshin existed. The question of making public th embassy's letter nnd the Senator' let ter to Secretary Davis will be decided, Senator Kellogg said, after diseussioe of the incidont between the department, and the embassy. - -r Not Made Pablle. ' . Neither the embassy's letter nor that written by Senator Kellogg to Mr. Davis was made public. The former was understood to have been signed by R. Leslie Cralgi, .first secretary of th' embassy and It w dispatched after a- public statement had been made "at the embassy for publiewtiaa that such a communication wonld be Sent. Enclosed with the embassy's let ter was s newspaper dispatch printed in this country quoting a high official of Scotland Yard as denying that thers was a censorship on cablegrams origi Sating in the British Isles for th t'nited States. Despite this deniar Sen ator Kellogg, in his letter to Secretary Davis, asked the State, Department to inquire of the embassy whether a censorship existed as testified to by Nowcomb Carlton, president of th Western Union Telegraph Company, and John GeJdhammer, Secretary ef the Commercial Cable Company. , Close Incident. While this incident was under cos. sideration by department officials, jn ; nouncemcnt was made that the incident of the call of Dr. Julio .Bianehi, ea r Senator Moses had been closed "la ' view of the minister s explsnation and apology. ,--.' In a communication - to the depart ment Minister Hianeni saia 11 naa neea him 1nfniAn when ha called 'nfSMI Senator Moses merely to explain the policy of his government in the t'nv pTisonment of Dr. Cnbrtrs snd to ox-" ' onerate himself. He said he had not commented upon the policy ' ef th United State nor that ef th Americaa legation in Guatemala, adding 'that he . rearretted th incident and promised thnt it would not, be rpeatd. . ' . PNNUNZIO SAYS HE ' - W1LL, F.GHr.lU IHb.tNU- Rorae. Dee. S3. The; Popolo Romano today published a -dispatch from . Ah--basie, saying; that d'Annansio haa de clared he wtil resist to the end and has invited the people of Flume to . hold themselves ready to sacrifice their lives snd their fortune. -1 , sV - D'Anaunxio. the despatch add, had . several house searched bees us of fear of a revolt asninst him, most or the population of Flume desiring to avoid a eonniol wub toe regular asanas troona. V i i