Indianapolis Times, Volume 42, Number 155, Indianapolis, Marion County, 7 November 1930 — Page 1

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FINAL CHECK GIVES VESTAL 9-VOTE LEAD Delaware Canvassers Find ' Error, Taking Margin From Ball. CONTEST IS CERTAINTY Nation-Wide Interest on Count for Control of House. Bu thi ted Prrtg NEW YORK, Nov. 7—Deadlock between Democrats and Republicans in the house of representatives, with a Farmer-Labor-ite holding the deciding vote, and Republican control of the senate seemed assured by late returns today. Complete unofficial figures from one last doubtful contest (the Second congressman-at-large in Illinois) gave Richard Yates, incumbent Republican, more than 10,000 plurality over Walter Nesbit, Democrat. On this basis the house lineup would be: crats, 217; Farmer-Lanbr, 1. The senate lineup jp: Republicans, 48; Democrats, 46; FarmerLabor, 1; doubtful, 1. The one doubtful contest for the senate is in Kentucky, and latest retirns indicated the Democrat w< uld win. By Times Special MUNCIE, Ind., Nov. 7.—ln the glare of the nation’s political spotflight, Delaware county's canvassing board today corrected an error in its tabulations and declared Albert H. Vestal (Rep.), Anderson, the victor over Claude C. Ball (Dem.), Muncie, for representative in congress from the Eighth district. Nine votes was the final margin of Vestal’s election, canvassers declared at 10 this morning after rechecking the tally sheets from Delaware’s forty-two precincts. Delaware county totals were: Vestal. 11,600; Ball, 9,104. making the district totals: Vestal, 44,202; Ball, 44,193. First recheck of the tally sheets, completed at 1 this morning, had shown Bali as' unseating his Republican rival by the margin of three votes; the Delaware totals being: Vestal, 11,599; Ball, 9,115, and the district totals: Vestal, 44,201; Ball, 44,204. Nation-Wide Significance With Republicans and Democrats running neck and neck for majority control of the house of representatives, the Eighth district contest took on nation-wide significance. Vestal’s narrow victory made representation in the house of representatives: Republicans, 216; Democrats, 217; Farmer - Labor, 1; doubtful (Illinois), 1; necessary for majority. 218. Elza O. Rogers, Republican state chairman; Harry C. Fenton, secretary of the G. O. P. state committee, and Arthur L. Gilliom, former attorney-general, now counsel for the state committee, were on hand early this morning when the recheck began. That the election will be contested by state Democratic leaders was regarded a certainty. R. Earl Peters, Democratic state chairman, is en route here from Indianapolis, it was learned. Review Returns in 1931 Vestal, present house whip, will be secure in his seat, it appears, at .least until the house can review the returns in December, 1931, if this is asked. Vestal’s re-election will make the Indiana congressional delegation four Republicans and nine Democrats, as compared with the ten Republicans and three Democrats that have been in the house since 1926. Thirty of Delaware county’s fortytwo precincts had been rechecked by canvassers this morning without revealing any discrepancy. On the thirty-first, however, in Washington township, it was found Vestal drew 297 votes instead of the 296 originally credited him. and Ball garnered 248 instead of the 259, with which he had been credited. No errors were discovered in the remaining precincts. The canvassing board was without authority to review the actual ballots. but checked and rechecked only the precinct tally sheets. Vestal Now in Hospital Vestal is in Rochester, Minn., for a minor operation for sinus trouble. No statement was forthcoming from him. The final tabulation in the Eighth district, by counties, was: Ball Vestal (Dem.) (Rep.* Adams 4.184 2.581 Delaware 8.104 11.600 Jar 5.162 5.176 Madison 17.807 15.984 Randolph J. 887 5.727 Wells 4,049 2.134 Totals 44,193 44,202 Error Found in Third By United Press JEFFERSONVILLE, Ind.. Nov. 7. —A reduction in the Democratic lead in the Third Indiana congressional district was seen today as the result of discovery that 157 ballots in the Eighth precinct here were handled improperly. The ballots gave Eugene B. Crowe (Dem.), the leader, 318 votes, and James W. Dunbar (Rep.), incumbent, 269. Should the precinct vote be thrown out, Crowe would lo6e the benefit of a majority of 49 votes in the precinct. Dunbar has not conceded his opponent victory, despite an apparently safe Democratic margin.

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The Indianapolis Times Fair tonight and Saturday; rising temperature; lowest tonight about 35 degrees.

VOLUME 42—NUMBER 155

A Reminder —Lest We Forget

“Forget me not.” This will be the unspoken plea of disabled veterans of the World war Saturday when the annual “Forget-Me-Not” drive is conducted by two hundred misses on downtown streets under

MAIL TRAIN IS HELD UP BY MACHINE-GUN GANG

GLORIA FREED FROM MARQUIS Uncontested Decree Given Film Actress. Bu United Press LOS ANGELES, Nov. 7.—The former Marquise De La Falaise De La Coudraye was just Gloria Swanson, film actress again today, as the result of an uncontested interlocutory decree of divorce granted her by a Los Angeles court. Called a day ahead of schedule, Miss Swanson's case was heard and the decree signed within five minutes. She escaped from the court buildnig before newspaper photographers could catch her. Betraying no emotion, the actress testified that the Marquis Henry La Bailly De La Falaise De La Coudraye, known to his Hollywood friends as “Hank,” had deserted her and refused to ret"rn, despite urgent pleadings. Several months ago the marquis returned to Hollywood from Paris, but he refused to live in Miss Swanson’s Beverly Hills home, she testified.

SLAYER JEXECUTED Hears Prison Orchestra for Hours Before Death. By United Press HUNTSVILLE, Tex., Nov. 7.—Luz G. Arcos, Mexican, who killed three men in a quarrel over a quart of milk two years ago this Christmas, was executed early today in the electric chair. “I go prepared to meet my god,” he said as he entered the death chamber. “I have a smile on my face.” The prison stringed orchestra played two hours for Arcos in his cell before he started the death march, Arcos was sentenced to death for murdering Joe Barrientes, Medina county storekeeper, and his two sons.

EXPLORERS TO SEEK HUMAN RACE CRADLE French Group May Reveal Africa as Original Home of Man. By United Press PARIS, Nov 7.—An expedition which may prove that the cradle of the human race was North Africa, and not Asia, set out for the heart of the Sahara desert today. Commander Bernard Le Pontois, France's distinguished “prehistorian,” led the group commissioned to find important prehistoric relics believed to exist in the great desert. A special airplane in which members of the party will make quick dashes into regions where man is able to exist for only brief intervals at a time, was part of the equipment. The expedition will live for two months in two six-wheeled desert trucks, designed to pass over ground never crossed by an automobile. Bishop Cannon Is Unchanged Bv United Press WASHINGTON, Nov. 7.—The serous condition of Bishop James Cannon Jr. remained unchanged today, it was said at the hospital - ''“re he is being treated for arthritis.

the auspices cf the Dr. Worthington post of the Disabled American Veterans. The reminder for the city not to forget will be in “forget-me-not” flowers, sold by young women, three of whom are pictured

$40,000 Pay Roll Is Feared Part of Five Masked Men’s l oot. By Ignited Press BERKELEY, Cal., Nov. 7.—A Southern Pacific passenger train was stopped and robbed today by five masked men, armed with sub maehine guns. The bandits carried out the robbery with the efficiency of the Fleagle gang of notorious outlaws, which has been broken up through executions and prison terms since it robbed the same train one and one-half years ago, near Martinez. The Fleagle gang’s loot was $16,000. The robbery today may have included the $40,000 pay roll of the Columbia Steel Company, which was being sent to Pittsburgh. Stop Train With Tie The train, No. 36, was two minutes out of Berkeley, on route to Stockton, when the engineer saw a railroad tie across the track and slammed on the brakes. As he did, one bandit jumped into the car, and covered engineer and fireman with a Thompson automatic rifle, a portable machine gun. Three other men burst in upon the crew of the express and mail car, covered them with rifles, and took their choice of registered mail of undetermined value. The fifth bandit walked up and down beside the passenger cars, fingering another automatic rifle, but no passenger attempted to interfere. All of Men Masked At a signal from the express car, the five men gathered beside the right of way and backed off, covering the train with their machine guns and rifles as they escaped. The sub-machine guns were of the same type as a shipment from a New' York firm recently to San Francisco and Oakland consignees whose identity could not be traced. The men all wore bandana handkerchiefs over their faces with holes cut for eyes and nostrils, and were attired uniformly in blue jeans trousers. COMMON COLD VIRUS DEFIES MICROSCOPE Bacteria Passes Through Finest Filter, Scientists Find. Bu United Press BALTIMORE, Md., Nov. 7.—Cause of the common cold is a disease producing virus, so small as to defy the most powerful microscope, Johns Hopkins university scientists have announced here. This virus, present in the nose of the sufferer, passes through the finest filter and can not be grown in the laboratory, according to Dr. James A. Doull, former member of Johns Hopkins faculty, and Dr. Perrin H. Long, a professor of the university.

BROOKHART PLEDGES VOTE TO DEMOCRATS TO FIGHT MELLON

Bu United Press WH| ASHINGTQN, Nov. 7.—Senator Smith W. Brookhart (Rep.. la.) announced today he would vote with the Democrats to organize the next senate if they would adopt a program “to correct the evils of Mellonism.” “This election,” Brookhart said, “is the flrri. emphatic defeat of the Mellon policies. If this election and the great victory for progressive ideas are to amount to anything, democracy and progressive Republicans at once adopt

INDIANAPOLIS, FRIDAY, NOVEMBER 7, 1930

here. Left to right in the photo: Miss Etta May Wilkinson, 331 South Dearborn; Miss Edna Wilkerson, 1814 West New York street, and Miss Edith Fibiger, 3360 North Meridian street,

MATE ACCUSED IN FIRE DEATH ‘Husband Set Fire to Me,’ Last Words. Bu United Press JERSEY CITY, N. J., Nov. 7. Mrs. Elizabeth Swavely died in city hospital today from burns which she said were inflicted by her husband, Howard, who was hungry and wanted to collect $2,000 insurance on her life. Swavely was charged with murder after his wife died. He denied the charges, telling police the fire started from a gas heater in their furnished room. Police at her bedside obtained this statement from her: “I was in bed when my husband came in. He woke me up and chased mr Ith a lighted paper and said to me, T got you now.’ “ ‘He put the lighted paper up to my face and set fire to my clothes and I tried to fight him off. “After he set fire to me he ran out into the hall and started to call ‘fire’ but that was a bluff on his part. “He is up against it and is hungry. He knows I am insured for a couple of thousand dollars.” GILBREATH IS COLONEL Motor Club Official Is Honored by Kentucky Governor. William S. Gi’breath, first secre-tary-manager of Hoosier Motor Club, has been made a Kentucky colonel by Governor Flem D. Sampson of Kentucky, for services in pioneering the Dixie highway.

IGNORE NIPS’ Dallas Police Will Smile at Pints or Less. Bu United Press DALLAS, Tex.. Nov. 7.—“ Wee nips” will go unheeded by city police in Dallas under an edict by Mayor J. Widdy Tate. Declaring that liquor law violations involving a pint or less would be ignored, the mayor asserted the Dallas prohibition squad would be directed toward the big sources of liquor supply and sale. Tate regretted, however, use of bicycle delivery boys for bootleggers, which he said was a recent innovation in Dallas. Hourly Temperatures 6 a. m 28 10 a. m 37 9a. m 34 11 a. m 40 7a. m 28 12 (noqn).. 42 Ba. m 31 Ip. m 44

an aggressive and affirmative policy. “First, I think they should demand the resignation of Secretary of Treasury Mellon and Ogden Mills, his understudy, and not appropriate another dollar until this is brought about. “Second, I think they should demand an extra session of congress unless the regular short session gives agriculture a debenture that would make all of its tariff rates effective and adequate and nation-wide program for re-

HOOVERUKELY TO ASK LEGAL SALE J BEER Believed Reason President Recalled Woodcock to Capital. PREDICT LAW CHANGE Argue 4 Per Cent Beer Is Legal Under Dry Amendment. BY LEO R. SACK Times Staff Correspondent WASHINGTON, Nov. 7.—Congress may be asked by President Hoover to modify the Volstead law to permit brewing of 4 per cent beer observers here believe. This was the reason for the sudden recall to Washington of Amos W. W. Woodcock, prohibition commissioner, just as he was preparing to sail from San Francisco for Honolulu, some believed. Attorney-General Mitchell announced Woodcock was called back to assist in gathering prohibition material for the President. Confer With Hoover Earlier on Wednesday the President conferred with Ogden Mills, undersecretary of the treasury, whose duty it is to present treasury estimates to the house in advance of revenue legislation. Mills, and his chief, Secretary Mellon, conferred again with President Hoover late Thursday. The first conference, Mills declared, was with reference to the unemployment situation. Meanwhile, it is reported the Wickersham law enforcement commission is preparing to recommend modification of the Volstead law to permit legal manufacture of beer. The eighteenth amendment prohibits the manufacture of intoxicating beverages. The Volstead law prohibits the manufacture of beer in excess of IV2 per cent alcoholic contents. The supreme court has never passed on the technical question of what constitutes intoxicating beverages. It has been argued that 4 per cent beer would be held legal. Financial Proposition Liberization of the Volstead law, as regards beer, is being considered by government officials as a financial proposition. It would increase the revenues of the national, state and municipal governments, and would rehabilitate a number of industries now suffering from the depression. Legal beer, it is pointed out, would create a greater demand for farm products, particularly grain, provide adidtional markets for coal, stimulate the building, bottling, cooperage and other industries. In his budget message to congress, President Hoover is expected to ask an increased appropriation of about $2,000,000 with which Colonel Woodcock can add 500 new agents to the federal dry army. His tours have convinced Woodcock that the present force is “pitifully inadequate.”

MOVE TO REGAIN LAND # Civic Groups to Discuss Steps to Reclaim Golf Club Tract. Legal steps to repossess land now occupied under lease by the Woodstock Country Club by the city will be discussed Tuesday night by north side civic associations meeting at the Rauh Memorial library. Gustav G. Schmidt, chairman of the committee to outline plans for the court action, declared he expected final plans for the proposal to be presented for approval at the meeting.

Tangled Love Judith Grant was a young and beautiful dancer and she longed for love. But the man who asked her to marry him was her best friend’s sweetheart. And so, secretly liking him, she spurned his advances out of loyalty to her girl friend. Judith is the heroine of a sparkling new serial novel called “Dancing Judith,” which starts next Monday in the Pink Editions of The Times. She lived in picturesque Greenwich Village, and turned to modeling to earn her living when she was unable to find work on the stage. A rich financier who became Judith’s patron, and a povertystricken artist are among other principal characters in the story. Watch for it Monday, in the Pink Editions only of The Times.

lief of unemployment by increasing trite appropriations for public roads and immediate enlarging all inland waterway developments.” * a a BROOKHART said congress during the coming short session should pass the Caraway bill to prevent short selling on the wheat and cotton exchanges and the Glass bill for a tax on speculation. “If the present congress refuses to do these things in the regular session,” ' Brookhart continued,

Science Loses 5,000 Doctors Unable to Save Hiccough Girl From Death.

Bn United Press TUT, CLEMENS, Mich., Nov. 7. —Virginia Mae Coppins, who was visited by almost 5,000 doctors while she was ill of hiccoughs, is dead of the ailment. Miss Coppins first became ill of hiccoughs in September, 1929. It was fifty-three days before the hiccoughing was stopped. Her case aroused much interest among medical men and about 5,000 of them, who were attending a meeting of the American Medical Society at Detroit, visited her. The girl suffered another attack of hiccoughs four weeks ago, was relieved after two weeks, was returned to the hospital a week ago, again suffering from the same ailment, and died Thursday. CHARITY GAME BOOSTED Business Men Pledge Aid for Grid Match to Relieve Jobless. Mercantile and business associations of the city have pledged their co-operation in assuring the success of the Tranksgiving day football game between Shortridge and Cathedral high schools for the benefit of the unemployed, it was announced today. Slips urging attendance at the game will be inserted in all packages sent from the stores and advertisements of various establishments will carry a plea for support.

Girl Teller Is Saved by Bullet-Proof Cage

Bank Bandits Fire Nine Shots at Woman, but Glass Is Unbroken. Bu United Press PLAINFIELD. 111., Nov. 7. Funds of the Plainfield State bank were saved by Miss Florence Lund when she refused to open the teller’s cage of the Plainfield State bank to three bandits today. The bandits fired nine bullets at the girl teller from close range, but they rebounded harmlessly from the bullet-proof glass of the cage. As the bandit leader fired the first shot, Miss Lund stepped on a button in her cage, sending an alarm to the headquarters of the volunteer town guard. Eight more shots in quick succession rattled against the glass of Miss Lund’s cage when the leader saw her act. Not a mark was left on the glass. The other two bandts, herding together several bank patrons with revolvers, then called to the leader to “let it go,” and they fled. Miss Lund’s alarm sent the town guard in almost instantaneous pursuit of the bandit automobile, which was driven away toward Aurora. The guard was established several months ago after the bank had been robbed of $3,000. “I didn’t know how bullet-proof that glass was, but I’m glad my confidence in it was right,” Miss Lund said.

U. S. SCHOONER BURNS Four-Master Catches Fire and Is Destroyed; Ten Are Rescued. Bn United Press KEY WEST, Fla., Nov. 7.—The four-master American schooner Rosemary of Mobile, Ala., which anchored seven miles off here in distress two days ago, caught fire today and was destroyed. Her crew of eight men and two women, commanded by Captain George A. Edden, owner, was rescued by the United States naval survey ship Hannibal. FAIR WEATHER DUE Sunny Skies Forecast for Ideal Week-End. Another ideal football week-end was promised today by the United States weather bureau here, with only one of the state’s three major teams in action at home. Sunny skies, with temperature? somewhat higher than today, will tempt thousands to watch the Northwestern - Indiana game At Bloomington. DOX IS READY TO HOP Flying Boat to Proceed to Calshot, England, on Saturday. Bv United Press AMSTERDAM, Nov. 7.—The flying boat DOX will proceed at 10 a. m. Saturday to Calshot, in England, en route to France, Lisbon and the United States, if weather conditions are favorable, it was announced today.

“the coalition in the senate should hold up all appropriations and force an extra session at once so the new personnel can consider these vital matters. “If the Democratic victories do not mean tweedledum instead of tweedledee I for one will not let the organization of the senate stand in their way and gladly will give them the organization to get results. “I will not do this as a political move, but will gladly do it to correct the evils of Jfjellonism which

Entered a8 Second Class Matter at Postoffice. Indianapolis. Ind.

BAnLE IS STARTED OVER TWO BANK RECEIVERSHIPS; COURT CHANGE IS FOUGHT Ogden Denies He Approved Attempt by; Commissioner Symons to Shift Suits Away From Judge Chamberlin. SUDDEN, MYSTERIOUS MOVE PROBED State Official Declares He Has Right to Dismiss Washington and City Trust Cases, Refile in Other Tribunals. BY DANIEL M. KIDNEY Receivership suits against two Indianapolis banks were at a deadlock today with refusal of Circuit Judge Harry O* Chamberlin to approve their dismissal and transfer to probate and superior courts as sought, without explanation by Luther F. Symons, state banking commissioner. Thousands of depositors and stockholders in the Washington Bank and Trust Company and the City Trust Company were left to wonder why the transfer was sought, as Attorney-General James M. Ogden and Judge Chamberlin stated their disapproval of the switch. “Any statement to the contrary, I did not approve the dismissal of these receivership suits,” the attorney-general told The Times today.

DRY CONVICTED AS EMBEZZLER Virginian Found Guilty of Robbing Orphanage. By United Press RICHMOND, Va., Nov. 7.—A jury returned a verdict of guilty today against James P. Jones, former treasurer of the Virginia Anti-Sa-loon League, accused of embezzling funds of the Virginia Methodist Orphanage while its treasurer. The verict carries with it an automatic sentence of five years’ imprisonment. Notice of appeal was filed by Jones’ attorney, staying execution of the sentence. CAPONE THREATENED Letter to Terry Druggan Hints Death Plot. By United Press CHICAGO, Nov. 7.—A plot to kill Scarface A1 Capone, was disclosed today when Judge John H. Lyle reported the discovery of a letter in the apartment of Terry Druggan, ex-beer baron, in which a notorious hoodlum offered to “take care” of “the big boy,” as Capoi.e commonly is known. Lyle made known the contents of the letters as he issued a warrant for Druggan and authorized the opening' of Druggan’s safe deposit box by state’s attorney’s detectives. The offer to “accommodate” Druggan in connection with Capone was made by a gangster, whose name was kept secret, but who was said to have been in hiding in Florida. CALLS CAR ‘LEMON 7 -" AUTO COMPANY SUES $200,000 Asked by Firm Because of Derisive Signs on Machine. By United Press CHICAGO, Nov. 7.—F. S. Hendricks disliked very much the automobile he paid $5,000 for last April. He attempted to induce the company that had sold it to him to exchange it. The company refused. Then Hendricks, according to charges by the company, drove the car about with large signs on it proclaiming that it was “a lemon,” giving the name of the seller, and offering to “trade it any time for a flivver.” A suit was on file today charging that Hendricks injured the firm’s reputation to the amount of $200,000. GOLD MEDAL FOR BYRD Recognition to Be Given Explorer at Chicago for Polar Visits. CHICAGO, Nov. 7.—Rear Admiral Richard E. Byrd will be presented the gold medal of the Geographic Society of Chicago Nov. 16, it was announced today, in recognition of his expedition to the north and south poles.

have brought us to our present condition. mam rIS the Mellon financial policy of reducing the taxes of the rich, refunding nearly $3,000,000,000 of taxes to himself and his friends, his general theory that, industrial prices should be higher and agriculture prices lower, together with his Insincere policy of enforcing prohibition that has brought disaster to agriculture and now to practically all little business in the ttuntry.’’

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“I still am attorney for all state departments and, so far as I’m concerned, the receiver* ship actions still stand in circuit court.” That the suits do remain in circuit court was affirmed by Judge Chamberlin, as reflled in probate and superior court five without Chamberlin’s approval, they can not be recognized by those courts. Tries to Refile Ogden. through his deputy, Charles Werner, had filed the receivership suits on behalf of the banking department for the City Trust Company and the Washington Bank and Trust Company with. Judge Chamberlin in circuit court Wednesday. Symons came to the court Thurs- 1 day afternoon and secured dismissal, paying the costs with his personal check. He then filed the City Trust receivership in probate court and the Washington in superior court five. ' Judges of both of these courts were defeated for re-election and will retire from the bench Jan. 1. Chamberlin remains on the bench. But Symons refused to explain this mysterious action. It had been reported at the statehouse earlier in the day that a move was to be made by him to secure these receiverships for his assistant, Thomas D. Barr. Symons’ Term Ended Symons’ term of office expired Oct. 1, and he has not been reappointed by Governor Harry G. Leslie. It was reported some time ago that Barr, at one time banking commissioner, was to take the chieftainship again. Appointment as receiver for either Barr or Symons would settle that difficulty, as the appointee would leave the department. Receiverships long have been “fat pickings” in the way of fees in Marion county. Symons Is Reticent Informed of Ogden’s refusal to consent to change of courts today, Symons still refused to offer any light on his action. He contended that he has the right to dismiss such suit without consent of the attorney-general’s office. Ogden is a member of the board of trustees of the City Trust Company. Both banks closed recently. County Clerk George O. Hutseil, himself a depositor in the City Trust Company, said Thursday afternoon he, too, would investigate circumstances of transfer of suits. Arriving at his office this morning, Barr vigorously denied he was seeking the receiverships and said he was not a candidate for any receiverships "so long as I hold this office.” However, he did not remove the element of mystery surrounding the transfer of the suits. TAXI DRIVER CARRYING BLACKJACK IS FINED Tells Court Concealed Weapon Was Defense Against Ba adits. Ray Vincent, 1342 Noith Illinoi# street, one of fourteen taxi drivers found recently when they entered a restaurant they teripei a night club at 146 West Maryland street, was fined SIOO and costs today for carrying a concealed weapon. Municipal Judge Clifton R. Cameron suspended the fine on payment of the costs. Vincent said he carried a blackjack found in his pocket as protection against bandits who have preyed frequently on taxi drivers. Ray Duncan, 22, of 1030 Division street, and a 16-ye#i*old companion were bound to Marion county grand Jury on burglary charges, with bail fixed at $3,000 each. Max Ramsey, Negro, who confessed an attempt to rob a jewelry store downtown* also was held to the grand jury under $3,000 bond on robbery charges. V. S. to Honor Japanese Prince Bv United Prr WASHINGTON, Nov. 7.—Twentyfour high government officials and members of the Washington diplomatic corps have been invited to a state dinner at the White House tonight in honor of Prince Tokugawa, .resident of the Japanese house of peers. •"$