The Bismarck Tribune Newspaper, April 16, 1923, Page 1

\ Partly cloudy tonight and Tues- day, Warmer. tonight, WEATHER FORRCAST. | THE. BISMARCK TRIBUNE [iam ESTABLISHED 1873 i BISMARCK, NORTH DAKOTA, MONDAY, APRIL 16, 1923 PRICE FIVE CENTS GRAIN FUTURES ACT IS HELD VALID OF a a IISA SII PLD SEEPS PPR PPD CONVICT LEASE SYSTRMATTACK) __ CONTINUED HELD HYSTERI A Financier Says Farmer Must Organize Cooperatively on a Big Scale; Reparations Floridan Defends System,| Saying Abolishment Problem Must be Settled. Wouldn’t Protect Convicts BY EDWARD THIERRY. NEA Service Staff Writer. (Copyright, 1928, by NEA Service.) ny aay, New York, April 16.—-These are OFFICIAL IS INVOLVED the two big things that ‘must be done == {to insure a cantinuation of prosper- ity America, M. |Baruch, financier, economist, and ‘former chairman of the War Indus- in says Bernard Commissioner of Agriculture Charges Road Official Blocked Probe jtries Board: | “The farmer must organize com- mercially to market his goods co- HOLD TO WHIP. Tallahassee, Fla. April 16. Prison reform proposals brought on by the disclosures following the Tabert death are expected to | 70h Ve have their inning in the house of | MER representatives Wednesday when | “Industry, labor, and business ary measures are to be considered organized to help themselves. oking to abolition of the county | farmer remains outside. For convict lease system and corporal | 0Wn salvation he mustworg: punishment. A fight is in pro- mercially or he'll get nowhere. £ on the latter as many mem- | buys from organized industry, and bers who argtin favor of doing. |he sells as a weak individual. The Syay WiGhetnwilen stem hold; credit and other legal machinery has to the view that ,a certain class |been provided for his co-operative convicts cannot be handled | marketing, but he has not yet been Fuh CURRY able to rise above internal quarcels The senate committee already ha between rival agricultural organiza- operatively on a big business scale ‘in order that he will have a fairer ‘relationship established between j What he produces and sells and what BARUCH GIVES PROGRAM FOR | PROSPERITY IN U.S. BERNARD M. BARUCH ‘ENTHUSIASM BEING SHOWN , unfavorably reported on ame tions to safeguard his own pocket- ure to regu ' tes of its abolition consid- } “Abave all the reparations ques- y have a better chance in |tion must be settled in an equitable other legislation ay; first, so that there shall be no |situation like Alsace-Lorraine, which | Com-, will surely end in another war; sec- 16. lahassee, F April missioner of Agriculture W, A. Me-'ond, so that Germany shall not be! ac, who several months ago took forced to undertake an impossible up the fight aga:nst the convict, payment; third, so that our farme men will not! leasing system, made public co workers, and business spondence betweea ‘him and H. B.'be injured by Germany's escape from Phillips, chairman of the state road a just settlement.” department, in which the commi Baruch thus amplified his state- sioner called summarily for the di charge of C, L, Denmark, convict!ahead is in German domination of guard at S val county, and the road chairman{are fixed at too low a figure. It under date of last Friday refused | would be more dangerous to America on the ground that an investigation |he declares, ‘than if it were fixed at} had disclosed charges of brutality too high a rate. dincompetency against Denmark, “Our own prosperity rgely without foundation.” | Whole thing,” he said. q n jtion of honor, with which business is not the | “Hysteria” Is Charged vis inextricably bound. We are in B. H. Lindsey, who in the;honor bound to s justice to G jay sought to broaden the; many us well as to France.” | Baruch believes that Amer scope of the joint legi of convict mis-'dertaken at the time the armis was signed. It will be rather a grim joke on us,” he. said, “if we will not recog- reported instances treatment, both in state and county camps, stated that his idea was to! make the investigation far-reaching ail & jnize this obligution even from @ sel- nll UNM en NAY tce 5. [fish point of view. We ought no: There is a “hysterical” assump-! fish 1 GT tion, Mr. Lindsey said, that to abol-/#llow German to escape en the ish the county convict lease system! round that she is too poor. If we do, we will find that it is ourselves }who are poor—made poor by hard mes—and Germany a commerciai ipower ruling the world. Then Ger- jmany certainly ‘will have won the jpeace. Nor should we permit Ger- Imany to be destroyed by over-bur- dening her or stripping her of her will convic true.” The state now supervises all pri- son camps, regardless of whether they are county or state camps, he pointed out. He made known that insure good treatment for the “which is not necessaril he was investigating the Denmark) territory, case, “Suppose American railroads and Woman’s Letter Starts Probe industries, manufacturers, _ citie "The investigation of Denmark's camp started from a letter to the agriculture commissioner last No- vember from Mrs. R. W. Jennings prominent club woman of Jackson- ville, who forwarded a report made| to her that Denmark had gived con-| ‘That is exactly what will happen in working on the highway as| Germany with too low reparations many as fifty or sixty lashes, State; with all fixed obligations practically ment itself could get rid tomorrow of all fixed charges, mortgage bonds and interest! Cost of produc. tion of everything would deere tremendously; p Inspector J. B. Thomas immediately; repudiated by inflation, with nothing | was ordered to make an investigation! te pay externally or internally ex- and subsequently reported that he‘ cept their own industrial taxes, found the camp in excellent condi-; “Our country has in our federal tion from a sanitary standpoint, that| budget alone annual fixed charg: none of the convicts bore evidence; of $4,000,000,000, of which about $2 of mistreatment and that Denmark's! 500,000,000 grew out of the war trouble seemed to be “in whipping| How could we, or any other coun- times but not severcly| try, stand up against Germany's Jow The inspector expressed) cost of production when she emer the opinion that he would be able to| on a new gold basis that she and recommended his retention. jation is not fairly determined? Says Prisoners Complain prosperity will probably be avoided, ‘The latter part of December, how-| Baruch believes, if reparations are ever, the inspector reported that “hej set at $12,500,000,000, which figure, had come to the conclusion that Mr. not including the $2,500,000,000 al- Denmark is not capable of handling| ready paid he was the first person a cump. I have made two visits to! among world statesmen and finan- his camp this month, Every prisoner | ciers to declare to be a just amount. has complained of his brutal treat- He aceentuates the necessity of ment. He hag only twelve prisoners; freedom of action by Germany, the and reported’ eleven punishments,;Testoration of her territory .when when he_really had between twenty-; the amount has finally been deter- five and thirty punishments, On his; ™ined upon, and recognition of her report he stures ue-uit them seven | equality ered: eee Aaa when she to ten leks when He really (gaye | eee ee ical farm bloc, Baruch smiled an ‘said: “It is no different from any other interest, but it is so unique for far- mers to demand and get equality of he followed this with a peremptory | “etment, that it amazed everybody, order for Denmark’s discharge, HD gee eae iis eet preee out result, and again under date of | : April 12 wrote the rpad departhent | head that reports still continued tol come in of “cruel treatment” to Den- | mark’s prisoners and said he ie | NIGHT TONIG . placed Denmark on the “black list Banquet, Ynitiation, Honor to them anywhere from ten to fifty.” «; The agriculiure commissioner ' promptly requested Mr. Phillips to! remove Denmark on the strength of the inspector's report, On March 8 and will not allow him again to have charge of prisonerg until such time ‘as he has been re-instated.” Charges Held “Exaggerated” Mr, Phillips replied, under date of Friday, that he had the charges ( st Denmafk investigated and Past Masters. Features: had become “satisfied that these charges were largely exaggerated and I found no cause for the remov- ul of Captain Denmark.” He asked that the commissioner submit to him any further charges he had against Dénmark, asserting that! it had been brogght to his attention that “certain individuals are at- tempting /to get Denmark _ removed from the service of the department.” (Continued on page three.) The apnual big occasion of Bis- nfarck lodge No. 5, A. F. and A. M., Past Master's night, opened late this afternoon at the Masonic temple. The first section of the Master Mason’ degree was given at 4 p.m. Dinner follows at 0 p. m. with music and an address, by Grand Mas- ter Hh A. Ripley. The third section of the Master Mason degree is set for 8:16 p.m. - te the whip but the book. i j;ment that a real danger now lying ate Camp No. 11, in Du-!world trade in case war reparations! It is a ques-| ca must | growing out of the death of Martinjhave a share in fixing reparations ‘abert’ of North Dakota to cover all’ because it is 4 moral: obligation un- states, und the United States govern-| is” make a good warden of Denmark| bound to set for herself if the repar- | This danger threatening American ; FOR BAND AID | Drive on for Attendance of, 1,500 at Concert Here | H Thursday Night Committees to promote the band benefit. concert to be at the Auditorium Thursday night! ‘© busy today enrolling 1,500 per- ! sons as ticket-holders for the con-! cert. ! Local people are asked to buy as! many ‘tickets as possible) blocks of five to 25 being offered to business rms and others. The’ members of the women’s com- mittee to aid in promoting the band benefit, named by the Band Commit- the Association of Commerce, | ' Chairman, Mrs. G. D. Mann, } i FB. Strauss, Mrs. Josepi | | Breslow, Mrs. Alfred Zuger, Mrs. | son, Mrs. Edward Bannon, | Setzer, Mrs. H, F Already ‘interest has the concert, An exceptional oppor- tunity is offered for the clearing of , /a large sum from the benefit. The! | Hallowell musical organization was! isecured for the evening because of jan open date, and the expense is at; a minimum, If 1,500 people buy j tickets at $1 a large sum will be | realized to aid in the new program orchestras \ i} J. Taylor said the Thurs- day music club members all were. deeply interested in the concert, and| were prepared’ to help in evéry way. An executive committee meeting was j scheduled to be held to consider best; | possible ways of cooperating, | ND.ACTION DEFENDED i Tart Answer Given to Critic-! . o. i isms of Florida Solons | i | The North Dakota _legistature's! resolution which precipitated the | | Florida legislature investigation of | the Martin Tabert flogging case “was very mild,” Secretary to the Gov-! ernor A. B. Cox declared in a letter | ‘to Chairman John P. Stokes of the! | Florida committee today. Apparently taking cognizance of feriticism of the Florida legislature! jand an applied intent’ upon the part | tof the Florida solons to go behind the ‘yesolution, Secretary Cox in-! formed Chairman Stokes that G./ Grimson of Cavalier county, named ‘special assistant attorney general, 1s‘ jrepresenting the state of North D: |kota in Florida during the consider-! jation of the case. } Chairman Stokes in a telegram; asked for all evidence presented to! jth North Dakota legislature before jthe resolution calling upon the Flor- ida legislature for an investigation, jwas adopted. Mr.’ Cox replied dy ‘telegraph that all evidence was in ithe hands of Mr. Grimson, now in | Florida, ; : In a letter to Chairman Stokes, Mr. Cox said: “In general I may: | State, for your information, that the jsenate committee and the state sen-{ jate, when. the Porter resolution was; junder consideration, had ‘before ‘+! evidence in the form of affidavits | and otherwise which tended to show | that Martin Tabert had been beaten to death by a camp boss under cir- cumstances of brutality unparalleled outside of fiction.” “The. evidence before our senate committee was overwhelming,, “he continued, “and the resolution is very mild in its terms in view of the out- rages it condemns.” FLOUR MILI, Fessenden, April 16.—A new busi- nesg enterprise for Fessenden is on the way. H. F, Speiser and Adolph Sauer are having ins formujated for the erection of a flour mill, Up- to-date machinery will be installed. Besides flour, the concern will man- ufacture breakfast cereals and -also ‘handle feed and, fuel, A | Say Man Who Mysteriously | Keller, | kindled inj FATHERS, SONS ‘arranged for the third annual FARGO POLICE CHARGES POOR|PRODIGAL FATHERS QUITPROBEOF HANDLING OF WIERD STORY/U.§, RAILROADS ~.. FATHER GETS U. S. JOB enator Couzens, Michigan Former Ford Partner Reiterates Charges Disappeared, Doesn’t Tell Straight Story PTURED; HE SAID; LOCOMOTIVES BA Claimed that Demand was’ Senator Declares Condition of Made to Surrender Val- Equipment Shows Lack of uable Documents ' Good Management i Fargo, April 16.—Police here have Washington, April 16.—Reiteratin,: | dropped an investigation into the: Charges that the condition of rail- mysterious disappearance of H, D,|"etd equipment showed incompetent : jis wfunagement Senator Couzens, Re- Russell, husband of a wealthy Fargo) pubtican of Michigan, in a statement; woman, who returned carly Saturday! today quoted figures to show that | with a sensational story of baving! modern locomotives were not effici- been held prisoner for more:than 48;°MtIY used and that in recent ye fia : ‘that there had been a great iner hours across the state line in Minn ' bad order cars and engines sota, as they have also the matter! In a’ previous statement Senator of attempted removai of valuable {Couzens said he had asserted that | of railroad man-; ut wages or raise | the general polic papers and documents from the Rui i gement was to sell home by three persons, ong of | Wages instead of endeavoring to find them a woman, during the alleged; other moans of cutting cost. detention of Russell. The railroads replied, he said, that; This ig William C. Deming, Chey- The officials gave as their;reason | they had reduced expenses in 1922! enne, Wyo., who's been spocintec for dropping the case diserdpanc jover a billion dollars and that they | civil'service commissienee ty fill the in the story of Russell and his un-j ged only 1,645,237 employ | vacancy caused by the resignation willingness to further the police in-}1922 as against 2,012,600 in of John H. Bartlett. vestigation into the phase of removal {though that traffic was PO OS SE Nee of the family document: lbeyond the volume of 19 sacs When Russell reappeared Saturday! “Now let us see," said the Mich-} he is reported to have told friends n senator, “just how deceptive | he had been taken to Minnesota by Stare mont) he interstate commerce figures toa bed. Demand, he is quoted as; Showed that the 1922 traffic was ap-| saying, had been made that he op-jProximately 19 per cent less than) tain liberty by turning over} 1920 and you will observe that the | prop over which he had control. difference in the number of em-+ ‘al persons concerned in the 3 Was approximately w per Russell home episode during which | So where is this vaunted ef- it believed that valuable papers : were about to be removed apparent: f the railroad had cut more than } ly have satisfied the police that their | & billion dollars from cost of oper: | ucts were merely to prgtect personal | Mr. Couzen said, “the inter-! effects of the missing man during commerce commission shouid | his absence dof Mrs. Russel', who t the public benefited by re-) had been taken to a hospital on aic- j duced railroad charges. H count of illness. |NORTH FARGO EOlUchite INDICATES WISH [ee us us i TO JOIN FARGO jonal court o} his captors and left in a building t 6,0.P. LEANSTO WORLD LEAGUE ‘ormer Candidate for Pres- idency Addresses Minne- sota Democrats hi April Me~Membership 9 MORE MINES ates in justice the intern the begin- ining of theend of Am isola- to 47, residents of the Village of /¢tatic candidate for president in North rgo Saturday turned down 1920, in an address Saturday night a bond issue of $44,500 for the con-lat a Jefferson Day banquet here. struction of a new school and, im} My, Cox expressed confidence that ithe opinion of several prominent villi. senate, would approve membe lagers, signified their desire of unit-| chip in the court and asserted t jing with the city of Fargo, rather |«the work of conversion is over. |than continuing separate exist: } “There should be no disposition al ence. ae ..., (this Jeffersonian observance to ex- “the vote was a decisive defeat jai: over tho confusion in the ranks {not only for the bonding of the city jof the old guard in the Republican {for schools, but for other improve |party,” he said. “The mere |ments as well, and carried with iti cumstance of hundreds of thousands Jan affirmative attitude towards un-!9¢ republicans coming to the Demo- ion with Fargo,” one villager stated: | cratic view on international que been seized by the French and Bel-{ a Itions is sufficient unto our joy a TAKEN OVER 260 Coal Shafts in All the Ruhr Now in Hands Occu- pation Forces Duesseldorf, April 16.—Nine addi- tional coal mines in the Ruhr have gians, it was announced today, mak- leis hour. ing a total of 31 manes and coke A ING A | “Let us hope that the submergence plants now in the hands of the! fof the lodges and others of th Ropevaioflecccpation. type by an overwhelming pubis opinion will mean the certainty of There are approximately 260 coal! IS CANCELLED | taking this great moral issue out of shafts in all the Ruhr. At the last | politic: Teas : ming seized there were about 160,000! Wahumeers Auth al: Peadson it suns tons of fuel: enietly ents, Al per BY U, N JAPS “In the presence of pressing world- | SP nee eS eT a Way wide ities, let us lose sight of Belgéans, it is announced, will be- jany political advantage that might gin shipping today an average of 10,000 tons of coal and coke daily to France and Belgium. The Germ mine owners estimate that the ship: ments will be only between 4,000 and | 5,000 tons. i Three French cabinet ministers ar-| Ss rived in the Ruhr today—Magninot,! Washington, April 16.—Cancella-{ Le Trocquer and DcLastéyriec re-|tion of the Lansing-Ishii agrcement | spectively the ministgrs of war, pub-! between the United Staies and Ja-! Formal Signatures Ending |" the 1917 Agreement are Completed Today attained, and support any enter- ¢, having for its purpose the re jpair of civilization, regardless of ithe auspices under which it is pre ‘sented. The irreconcilables are now fighting among themselves. “Our membership in the "3 ion, It ill van, er, lie works and finance, After spend-/ pun was formally announced by the |t#n It will mean, however, onl _ . our participation in judicial ma ing today and tomorrow in the Ruh department — yesterday ‘ters. If an international arran; studying the general situation, but! statement making public an particularly the economic aspecis| change of notes between Secretary they will go to the Rhineland for} Hughes and Masanao Hanihara, the | everal days inspection. j Japanese ambassador. ‘trative agen , The exchange of notes set forth!the number of | that in the “light of the understand-! necessary? jing arrive at by: the | | state i “|ment is absolutely necessary for the adjustment of national dispute. isn't it fair to me that adminis- » which will reduce disputes, are also ES Washington { Lemaire elles | conference of the limitation of ar-| P RA VEN serene ure agreed to consider! | thé Lansing-Ishji correspondence: of | | November, 1917,\a8 cancelled and as | : jof no further force and effect.” ide| It was reveuled for the first time! Dr. E. P. Quain Will Beetle) in the communication that the ne-! at Banquet on Friday | gotiations leading up to the cancel-; Walton Peteer, manager of the « ‘ j lution agreement which now givesj operative marketing department of Night UeTSReecxetes tor he ulniuoner (cont eR Tite Pa Rec ,of the powers in restoring a parity |tion, will discuss plans of that or- An interesting progranr has been {,of interests in#the Japanese and|ganization with representatives of (American governments in China,|Farm Bureaus, county agents and : ;_| Were conducted personally by Se-| others in Fargo April 30 and May 1, er and.Son banquet, tu be held Fri-| cretary Hughes and the Japanese | A. F. Bradley, secretary of the Bis. day night, April 20, in the hig) embassy officials in Washington, Its|marck Association of Commerce, has school gymnasium. The program, a8! actual consummution was effected in| been advised. : announced today by L, 8. Craswelly! tokio by former Ambassador, War-| At the same time the North Dakota chairman of the program committee, | ron and officials of the Japanese for-| Commercial club secretaries’ associa- follows: sal R eign office when they affixed their! tion will be recognized. Chairman: Dr. Erie P. Quain | signatures, America, (1st verse)—By the Assem- | bly. ) i eo) aura oy siteation - Rev. Geo, .B. Neweon Drives While Furniture Burns Singing, By the Assembly—Led by J, B. Sayler, returning from his Henry Halverson. Instrumental solo, selected—Archie farm yesterday, proved a fireman in an unexpected way. McGray. He noticed ahead of him a wagon, Reading, Selected........Bert Dunn, Our Program—J. J. M, MacLeod, Di- with a hay-rack, loaded with furni- ture, and flames and smoke coming rector of Boys’ Work. from the center of the load. He Los Angeles, Cal., April 16.—Mrs. Clara Phillips, cénvicted “hamme: murderess,” who escaped from the Los Angeles county jail Dec. 5 has been located in San Salvador, accord- Our, Program..........Herb O’Hare Vocal solo, selected—Eugene Hahn Singing ---By the Assembly! speeded up. The driver was un-|ing to a copyrighted story in the Address—George Shafer, Attorney| aware of Jit. The two put the fire Los Ange! a Exaaiiee today. Her General. out after it had badly damaged the| apprehension is momentarily expect- America, (Last Verse)—By the As-| dresser. t * led. Mrs, Phillips escaped by sawing sembly. Me : ‘The fire/had been started from through the bars at the window of Piano Accompaniments, Mrs. P. E.) matches left in'the driver's coat. | her cell. . Byrne. : Mr. Saylor said the man was mov-| No definite clues us to her where- Orchestra music by pupils of St. ing to McKenzie. . He did not learn| abouts ever have been obtained. Mary’s school. his name. , Her husband was questioned after cir- | interna- | tional court of justice is the begin-' ning of the end of American isola- | URGED TO MAKE GOOD FRIDAY EVENING AT AND SONS BANQUET Record Attendance Is Sought | By Those in Charge of | Third Annual Given Here ed unto them his living in that be paid the boy's bil and sent) him to seiect preparatory school, dancing school, and to college tried to believe that he was his full duty by the boys. “And not many days after the father gathered all his interests and aspirations and ambitions and took | his journey a land of stocks and bonds and curities and other things which not interest a boy; and there wasted his precious opportunity being a chum to his own son. And when he had spent the very best of his life and had gained money but! had failed to find satisfaction, th arose am hty famine in his heart nd he began to be in want of sym- {pathy and real companionship. And he went and joined himself to one | jof the clubs of that country; and, ‘they elected him Chairman of the House Committee and President of the club and sent him to Congress. | and doing do he of) co And he would fain have satisfied himself with the husks that other! |men did eat and wo man gave unto thim any real friendship. | “But when he came to himself he said, ‘How many men of my ac- !quaintance have boys whom they un- jderstand and who understand them, who talk about their boys and asso- | ‘ciate with their boys and seem per fectly happy in the comradeship of | ‘their sons, and I perish here with heart hanger! 1 will arise and go sto my son, and will say unto him, | Son, I have sinned against Heaven jand in thy sight; Tam no more wor- thy to be called thy father; make ‘me as one of thy acquaintances.’ And he arose and came. to his son. But iwhile he yet afar off, his son saw him, « hment, and in ws [falling on his neck, he drew back jund was ill at ease. And the father ! said unto him, ‘Son, I have sinned against Heaven, and in thy sight; 1, jam no more worth¢ to be called thy | father. Forgive me now and let me ;be your friend.’ But the Son said, Not so, 1 wish it were possible, but jit is too late. There was a time when I wanted companionship and counsel and to know things, but you were too busy. I got companionship {and I got the information, but 1| 'got the wrong kind and now alas 1} am wrecked in soul and body, there | ‘is no more heart left in me, and! {there is nothing you can do for me. { It is too late, too late, too late.” | Don't forget the date, next Frida evening at the high school gymnasi- ,um. Boys get you dads lined up and | jdads, don't forget the boys. { DEMENTED MAN "BROUGHT HERE 'Found Wandering on the Prairie Near Brittin An unidentified man was | wandering on the prairie near Brit- jton Saturday afternoon and brought {to Bismarck yy :tarsnull Dralle and ‘lark Crawford. He was unable to found {give any account of himseif, © but jtwo or three addresses found on jhim are to be investigated by av- | thorit | After being piuced tn a room in ithe jail here he became violent, | necessitating transfer to a cell. He apparently is of Russian extrac- j tion, about or 38 years old and jwas well dressed. . | People in the vicinity of Brittin Ihave no idea how the man happen- led to be where he was found, as he was not seen to enter the commun- ity. BOY SCOUTS RANK WELL Minot, April 16.—The Minot dis- trict council of boy scouts is fourth in Region No. 10, comprising the states of Minnesota, North and South Dakota, ag regards the number of troops and membership, und the largest in North Dakota, according to C, N. Meserve, Minneapoiis, re- ‘gional executive. ' APPREHENSION OF MRS. PHILLIPS MOMENTARILY EXPECTED, IS REPORT she broke jail but added nothing to the police theory that her break for liberty was a task too great for an unaided woman. Police here early today suid they knew nothing of the finding of Mrs. Phillips, although she might have been retaken at some point. from which rio official report has been filed, Last week «a cablegram was re- ceived from Guatemala City. Nothing apparently developed from thut query, howeyer. z e Banquet | In order to avert such a situation as is ated below in the “The Par able of a Prodigal Father, Mathers | and Sons banquets are given “A certain man had two sons, dy the young of them suid to his | father, ‘Father, give me the portion of thy time, and thy attention « thy companionship, and the counsei which falleth to me.’ And he divid and to | into a far country, into! \ have d was moved with aston- | tead of running gail! ‘SECOND ACT T0 GO BEFORE THE "HIGHEST COURT | Objections in Former Decis- ion Met in New Proposal Court Finds ‘INTERSTATE — BUSIN Finds that Chicago Board Oc- cupies Place in Inter- statement Movement Washington, April 16-—The grain futures act was declared valid and constitutional today by the supreme court : It was the second time the court has passed on the validity of a grai futures trading law, a previous stz tute d, based on the power « the federal government having be held unconstitutional The upheld today on the right to control commerce. Justice Taft, in delivering opinion, said the decision in th former grain future case was in ay gument in favor of the constitutior ality of the present law because i he latter the court had met objec tions which the court had point: out made it invalid. It is impos ble the court said to distinguish be tween transactions in gush — tray and grain to arrive from spot shir ment which the court had held: + be interstate commerce. The grui exchange, the court said, was mere? the gateway through the grain flow in its jcourse from west to ea Europe, pas: was base intersta the Sales Necessary Sales on the Chicago board trade are as necessary tothe co tinuity of the flow of grain, tl court held, as are stockyard sal the movement of cattle. It w. added that the evidence showed th futures trading does have an effe on the cash price of grain. The fact that corners in gra been brought about by dex ing in futures evidenced, the said, the relation re trade and The Chicago board of trade, th: court concluded, in engaged in business which makes it subject regulation. s McReynolds and cou futur Suthe ip al control of the grain ¢ changes of the country was broug! into question for a second time the attack by the Chicago Board Trade upon the grain futures act, After years of agitation for fe erul supNision over exchange qu tations in grain futures, based « the theory that “gambling” throur the use of the quotations by irr sponsible “wire houses” should Suppressed, Congress enacted grain futures law. It was sponsor by the Form Bloc ana tis object w d red to be the stabilization prices for the benefit of the produ er by the elimination of all specul tive features. ederal control w: based upon the taxing power of (1 government, but the Supreme Cou held the law unconstitutional and 2 attempt by Congress to regulat something over whten it iad no jur isdiction. Congress promptly met the issu by enacting all the principal regu latory features of the law, but erting jurisdiction under its po er to regulate interstate comm The Chicago Board of Trade, in own behalf and as representative o: the interests of the other grain ex- changes of the country immediately attacked the revised law, contendin that the exchange transactions whic it sought to supervise and regulat could not be made interstate cor merce by an arbitrary declaration { Congress. Although they were unable agree as to the motive for the le; lation, there was no divergence opinion among the litigants as its effect. The grain exchanges rected their principal opposition that provision under which repres:1 tatives of farmers’ cooperative sociations were made eligible membership, insisting that the ¢x change organizations were stric: devoid of any public interest, should remain within the control those who formed them, U. S. Position The federal government insisted that the price the farmers receive: for their grain was determined the quotations made upon the es changes, which had been subject violent fluctuations and manipu!: tion by speculators, and that the ‘ quotations would not accurately flect the actual value of the - ducts until the Federal government exercised supervision over the trans- actions, "The fundamental question presented from the viewpoint of the government was whether the grain exchanges or Congress should regu- late the’ great “current of ¢am- merce” flowing between the produc- ing-selling and the purchasing-con- suming markets. Oppose Co-op. Membership The “beneficent aspects” of the grain futures’ act justified the ox- ercise of the congressional power far beyond anything contain i the Packers’ and Stockyards wee the government asserted. . Contending tnait ine taw would compel the exchanges to admit tg