The Daily Alaska empire Newspaper, January 21, 1931, Page 1

THE DAILY ALASKA EMPIRE “ALL THE NEWS ALL THE TIME” VoL, xxxvu., No 5622 JUNI-.AU ALASKA WEDNESDAY jANUARY 21 I93I MEMBER OF ASSOCIATED PRESS PRICE TI:N CENTS HOOVER'S PROHIBITION STAND CAUSES AMAZEMENT CLARK. DECHS]I@N BR@UGHT U ARGUMENTS ON VALIDITY OF EIGHTEENTH AMENDMENT TO BE SUBMITTED, HIGH COURT Both Sides Are l’repared to Present Issues in Court cf Last Resort—Solicitor General Has Arguments for Government — Those Upholding Decision to Show Measure Illegally Adopted WASHINGTON, Eighteenth Amendment is at of the United States as attorn: eral Judge William Clark’s ruling that the amendment was illegally adopted. 7 Solicitor General Thatcher has prepared the argument | in the case but presented no questions which have ot previously been decided. Attorneys upholding the decision are prepared to argucl‘ the Amendment was illegally adopted and is therefore| m\ahd D. C, Jan. 21.—The validity of the| ue in the Supreme Court eys argue the merits of Fed- FOUR OF THE PRESENT JUSTICES PASSED ON | THE SAME LAW BEFORE, By SAM BLEDSOE WASHINGTON, D. C., Jan. ‘21 semi-circular room almost under the capitol dome. The audience rises. “Oyez, oyez, the Honorable, the Chief Justice and| —— The Supreme court is in session, and before this body comes | the decision of Judge William Clark of New Jersey holding the Eigh- A voice begins: teenth amendment unconstitutional. Charles Evans Hughes, chief ju overlooking the spectators. beard is white. It is a bold lawyer‘ who does not regard him with' awe. He looks like a chief justice., If his honors were medals—and he has a collection of them, too—| they would weigh him down. He| is a New Yorker, was governor of‘ the state for two terms; has been‘ associate justice of the court over, which he presides; was the Rflpub-! lican presidential candidate in 1916; | Coolidge's secretary of state; judge of the Permanent Court of Imfir-; national justice and named chxer justice in 1930 to succeed William| Howard Taft. Oliver WenJleii Holmes At the right of the chief justice sits Oliver Wendell Holmes. Ninety years have stooped his body but his head with its abundant snowy hair is magnificent, his mind quick and keen. His father was Oliver Wendell Holmes of Boston, wit, author, aris- tocrat and physician. The son is| wit, author, aristocrat and jurist.| They call him “the great liberal” | and his dissenting opinions have become legal classics. He was a| member of the bench in 1920 when| the court by a unanimous decision | held the Eighteenth amendment constitutional. Willis Van Devanter sits to the left of the chief justice. Born in Indiana and educated at Yale, he went to Wyoming when the state| was a territory. He was an assxst-l ant attorney general and Wwas named %o the Supreme Bench in 1910 by Taft. Lawyers who have He is & big man and his fan-shaped !did no emigrating. He was born m|New York. —Whispering stops abruptly in a Town Clerk. His counsel includes New. York. William J. Howey stice, sits in the center of the bar | driving when arrested. (left) The latest test case on the Eighteenth Amendment’s constitution- ality, before the United States Supreme Court, involves an indictment concerning beer transporaed by William Sprague (right), New Jersey Frederic M. P. Pearse (center) of owned the truck Sprague was dian laws and treaties. He deliv-| ered the 1920 decision holding the | Eighteenth amendment constitu- tional. James Clark McReynolds, a Ten- |nesseean and a bachelor, sits by Holmes. He was attorney general from March, 1913, to August, 1914, ] when he was appointed associate| WASHINGTON, Jan. 21. — The Justice. bcer laden truck driven by William | He is blunt and direct, as many Sprague husky New Jersey town a lawyer attempting oratorical clerk and farmer, has deposited a heights has learned. McReynolds legal bombshell for the Supreme ‘also participated in the 1920 deci- Court to examine. sion | It is the decision of Judge Wil- Louis Dembitz Brandels is a Ken- liam Clark of New Jersey, holding tuckian, born in Louisville and edu-"the Eighteenth amendment invalid, cated abroad and at Harvard. He and at the same time quashing an was named an associate justice in indictment against Sprague for il- 1916 by Woodrow Wilson and con- legal transportation of liquor. firmed after a sharp {ight. Last March Sprague, Wingate Distrustful Views township clerk, took the wheel of Some senators viewed his lib- & truck loaded with beer and set eral attitude with distrust. He didiout for Paterson, N. J. On the route not change them and goes along & motorcycle policeman hailed him with Holmes many times on ques- and glanced at the cargo. It was tions involving broad matters of the end of the journey. public policy. Brandels is an au-| Sprague set up no denial and thority on law affecting the Inter- made no excuses. He went to jail |state commerce commission and\und came out slightly bewildered railroads. i" few hours later. He had an ar- George Sutherland sits to the(ray of counsel that ordinarily right of McReynolds. He was bornWwould have cost a moderate fortune TRUCK L !in Buckinghamshire, England, edu- [but they had not mentioned fees land they have not until this day. Brings Exhaustive Opinion Among them were Frederick M. P. Pearse, Daniel F. Cohalan, Sel- cated at the University of Michi- gan, went to Utah and was a United States senator. He was ap- pointed by Harding in 1922. Pierce Butler, at Brandeis' left,| They were of the don Bacon and Julius H. Cohen of | Minnesota and in 1922 when Hard-, opinion the Eighteenth amendment was unconstitutional and Sprague'’s \DRY LAW TEST CASE STARTED BY FARMER’S OAD OF BEER |substance held the Elghteenth Amendment invalid because it was ratified by state legislatures and not by conventions called for rati- fication. Clark Makes Distinction | Both methods are provided for by the constitution and all the | amendments have been ratified by legislatures. Clark made the point, however, that regulation of liquor was not one of the powers trans- ferred by the states to the govern- ment. A power originally retained, he held, must be transferred by conventions. On two previous occasions the Supreme court has ruled the Eigh- teenth amendment constitutional, and the legal consensus with few | exceptions, is that Judge Clark’s decision will be reversed. Should his ruling be upheld, how- ever, something approaching legal chaos might result for a time. Problems of Reversal States having no prohibition laws would be as they were before the Eighteenth amendment was passed. They could license saloon keepers on the very day, if they chose. Another problem would be the thousands who have gone to prison, or who are under sentence for vio- AMENDMENTS TO GAME LAW PASS THROUGH HOUSE “hqufll to Nothing” Says Edison on Enforcement Rt’port JACKSONVILLE, Fla, Jan. 21—Thomas A. Edison today said the Wickersham Enforce- ment Commission report was “equal to nothing but siightly in favor of pruh\bilionl' ENFORCEMENT RE AND ITS POLITIC HOOVER OCCA PORT MEANING AL EFFECT ON SION DISPUTES Interpret Enforcement Com- Wets, Drys and Straddlers mission’s Findings as Its Chairman Denies to Influence Decision WASHIN( to Suit Themselves, While that Chief Executive Tried of Members Bill Protestmy Alaskansl Gets Approval of Lower | — .- , Jan, 21.—The dispute over the report of the W |<l\m\hfxm Law Enforcement Commission today centered on two points—how far did the Commission igo toward recommending revision, and what will be the House of Congress A bill, amendatory to the Alask-n iGame Law, providing for searches jof boats, camps and camp out- its without warrants and author- (izing a combined $2 hunting and trapping license for residents of the Territory and other changes, has |just been passed by the House of Representatives. The measure, which was intro- duced last April, was the object of | protests by practically every Alas- !ka Chamber of Commerce, all of | which objected to the authority for searches without warrants. Text of Provision The authority bestowed by the measure is broad, as is indicated by the language used as follows: “Any officer or employee em- powered to enforce this Act shall have authority without warrant to search any camp, camp outfit, pack or pack animals, automobile, wagon or other vehicle, sled or any boat, vessel, or other craft, in the Ter- ritorial waters of the United States, when such officer or em- ployee “has reasonable cause to be- lieve” that such camp, etc., has any of the animals or birds protected by the Alaska Game Law, “taken, pos- sessed, -sold, intended. for sale or | transported contrary to law.” Other changes include: provision for a resident export license for trophies, combinating hunting and trapping license, reduces fur-buying license fees for resident co-part- nerships or partnerships to $10 each, and nonresidents to $100, and fixes the alien license fee at $500. Agent Fee Fixed Non-resident agents of nonresi- dents and nonresident corporations are subject to the same fee as 1 agents, even though representing residents or resident corporations as well as alien corporations, are required to pay a $500 fee. It is also provided that no li- cense shall be issued to an allen agent for any principle who has not himself procured the proper kind of license. The following fees are provided: Nonresident general hunting and trapping license, $50; non-resident small-game hunting license, $10; export resident and return license, $1 for each trophy; residence ex- $1 for each animal, $1 for each bird, if otherwise, $5 for each animal, $1 for each bird; registered guide license $10; alien special li- cense $100; and for farm license $2. BISHOP CANNON IS NOW FACING their principles, that is, $100. Alien! port permit, if removing residence,} BEAUX ARTS . BALL TURNS MODERNISTiC Skyscrapers Insplre Cos- tume Ideas for Event of January 23 NEW YORK, Jan. 21.—Some of Skyscraper town's tallest buildings inspire costumes which famous ar- chitects announce they will wear to the annual Beaux Arts ball Jan- uary 23. Whitney Warren, designer of Lou- vain library, will attend the ball dressed to represent the Grand Central terminal. William Van Alen will dress as the new Chrysler building. Other (tall structures depicted in cos- (tume will be the Metropolitan Life Insurance building, the Interna- | tional Telephone building and the | new Waldorf-Astoria hotel, which is under construction. A model tenement house and the | museum of the ciyt of New York also will be portrayed in costumes. Modern Fete This year's dance is a modern fete. The color scheme is silver land flame and the setting will be | modernistic and typlcal of New York and New Yorkers. Society turns out en masse for the architects gala night. Last year's party harked back to the rennaissance and was Florentine in setting and costuming but the 1931 ball is wider in scope. Guests may attend in costumes of any period and any country, pro- vided they conform to the color scheme of silver and flame. Gayest of Nights New York counts the Beaux Arts ball one of its gayest nights and the closest approximation of the |famous Quat'z'art ball of Paris the social calendar offers. Proceeds of the evening go .to education projects of the Beaux Arts institute, which provides in- struction in architecture, sculpture and mural design to students of the country. This is the last Beaux Arts ball for Broadway. Future parties are to be staged at the new Waldorf- Astoria hotel. .- Warsaw Crowd Applauds Clown’s Finale;His Deat WARSAW, Jan. 21.—Ribo was a clown and there was something clownish even in his death. political effect on President Hoover? Members of the Commission are aroused today over repnrh that President Hoover intervened to forestall an uneqununal modlrlcatmn propoml MODIFCATION FAVORED SAYS | GOL, ANDERSON Member of Enforcement| Commission Makes Statement to Public RICHMOND, Virginia, Jan, 21.— Col. Henry W. Anderson, member of the Wickersham Law Enaforce- ment Commission, who recommend- ed federally controlled and private- ly operated liquor establishments, endorsed by three other membdrs of the Commission, said: “Taken as a whole, the Commis- sion favors modification. “A rccommcnd:niun of the sort was not contained the general report, but individh#“reports show five members favor modification now, four others favor modification if further trial fails, and two oth- ers are in favor of repeal.” The report was given dent Hoover by Chairman George W. Wickersham Monday morning and was submitted to Congress yes- terday noon by ihe Chief Executive. e MOB I.EAI]ERS SEIZING F0OD, ARE ARRESTED Will Be Charged with In- citing Riot — Food to Presi-| George W. Wickersham, Chalr« man of the Commission, said: “Thv statement in the Washing- Herald that the President per- suadad the Commission to abandon a tentative recommendation in fa- | vor of revision is absolutely untrue and without foundation.” None of the Commissioners is ‘M]llng to discuss details of the \long period of investigation or of ‘lhe debates or how the separate | decisions were reached. It is re- | ported that a new amendment was drafted with the understanding that it would be submitted to the President with the statement that the opinions of the Commissioners | respecting it were divided. Six of |the eleven Commissioners declared in appended statements they favored either revision or repeal and two alluded to revision as if they und- erstood the full commission was for it. Until all members speak, the re- port will continue to be interpreted as Wet, Dry or a straddle accord- ingly as the reader inclines him- self. There is less dispute over it, however, than over the Presi- dent’s position. It is said definite- ly that he agreed that the Eigh- teenth Amendment should not be repealed and that he did not want it understood he favored revision. The President’s stand is regarded as amazing in many quarters in view of the revision leanings that some saw in the report itself. FIRST STEP IS JTAKEN IN LINE OF SUGGESTIONS Senator from Wisconsin Introduces Substi- Rightly his name was Richard Given to Needy tute Dry Law OKLAHOMA CITY, Okla, Jan.. WASHINGTON, D. C, Jan. 21.— 21.—Mob leaders who stormed gro- Senator John J. Blaine, of Wiscon- cery stores yesterday and shouted sin, has introduced a resolution for for food, are in jall as the state a substitute to the Prohibition and city prepared to relieve suffer-' Amendment, similar to that outline ing. led by the Wickersham Law En- Charges of inciting a riot will be forcement Commission, which erit- filed against seven of those under icised concurrent state and national arrest. Jjurisdiction. Practically one thousand men Senator Blaine’s resolution is a porticipated in the raid. | proposal that Congress regulate the The state is to provide food and liquor traffic but not prohibit. shelter for 100 and the Salvation Foy e T e Army will do the same for 200. | SEE MILLIONS OF STARS PRSP RaSE, i i ) | Mantsbach, born 64 years ago in | TON OF AIR ON FOOT OF EARTH MT. WILSON, Cal—In distant argued before him have squirmed inted to the bem;h' iing appointed him Belgium. under his penetrating questions. He is the court specialist in In- —icase gave them an opportunity ’o lation of the liquor laws. The Pres- (Continued on Page Twn) test that belief. The case was argued before Judge CHILEANS REVAMP Clark. His opinion, handed down December 16, was an exhaustive treatise, sprinkled with hundreds | | ident, might fling open the barred ‘doors by wholesale pardons in the ‘case of federal prisoners, or Con- |gress high be called on for hasty legislation to free them. Some legal authorities feel that SHARP QUIZZES Nye Commlttee, Also Eld- ers of Church, Prepare For 46 years Ribo had smiled his painted smile and taken the falls. So he was doing In Warsaw with his pet goat. On the last night the goat butted space, beyond the Milky Way, the NEW YORK — The air weighs 100-inch telescope here detects about 2160, pounds upon every many thousands of objects believed square foot of earth’'s surface. to be separate universes of stars. lhlm unexpectedly. Ribo fell with a peculiar cry so comic that the — audience stormed its applause. His OPINIONS ON COMMISSION’S REPORT of references to works on govern- | ment, going back to maxims of other action than opening the doors for Investigation Confucius and coming down the by guards would not be necessary. NAVY AS GUARDIAN The following are various comments made on the report of OF SOUTH PACIFIC SANTIAGO, Chile, Jan. 21.— “Guardian of the South Pacific” is the title applied to the revamped Chilean navy, now one of the out- standing fleets among the minor naval powers. Largest in the Pacific. except for armadas of the United States and Japan, the Chilean navy is just| completing a three-year program | of modernization and expansion. +The Almirante Latorre, a battle- ship built in England before the World war, is being refinished in English yards and soon will steam back to this country. Carrying ten 14-inch guns, in ad- dition to smallet bore rifles, the battleship has been refitted with oil burning engines, has been given new battle control equipment and has generally been revamped at a home the Chilean navy will count one battleship, four cruisers, eleven destroyers, nine submarines, a new submarine tender, two new oil tankers, a submarine mothership, two mine sweepers, a large school- ship and,several lesser craft. Six destroyers and three sub- marines are brand new and follow |the latest designs in naval engi- neering. The navy has about 10,000 en- listed men, including the coast guard and the personnel at the naval academy and naval stations. The 1931 budget submitted by the minister of marine, Rear Admiral BEdgardo von Schroeders, lists 814 officers of whom 455 are line of- ficers, with a total salary roll of 16,500,000 pesos. A British mission of naval con- 'sultants recéntly completed an as- cost of $6,000,000. here, acting in an ad- line to such recent books as Beard's | “American Leviathan.” It referred to scores of decisions | jand discussed philosophy, but in! In turn would come hundreds of ‘compucatiom and possibly attacks upon every other amendment to the constitution. [ = TODAY’S STOCK QUOTATIONS NEW YORK CITY, N. Y., Jan. {21.—Closing quotation of Alaska Juneau mine stock today is 9%, American Can 108%, Anaconda | 2 General Motors 37, Granby Con- solidated 16, International Har- vester 50%, Kennecott Corporation Motors 9%, Simmons Beds 15%, of California 47, Standard Oil of New Jersey 47%, U. S. Steel 139%, Curtiss-Wright 3%, Hudson Bay Refining and Smelting 5, Pacific Gas and Electric 47%, Pennsylvania Railroad 61, General Electric 43%, ‘Westinghouse Electric and Me- signment ‘When the Almirante Latorre gets|visory capacity to Chilean officers.|chanical 84%. Copper 33, Bethlehem Steel 47%,| 124%, National Acme 8, Packard| {Standard Brands 18%, Standard Oil | | ' Don’t Call by |{Name—Use Hello Numbers Because or new operators in the Juneau Telephone Exchange, pat- rons are asked to please use the telephone directory and not call by names. The numbers of all tele- phones are designated in the new |directory and they should be used by name,’ it necessitates recourse change and consequently the opera- tor loses much valuable time. The request for numbers only is made by Mrs. Anna Webster. Dm0 ] The maximum salary of a Prohi- bition agent 1s $2,900, while the lmmimum is $2,300. in the calls. If a telephone is called | to the directory board in the Ex-| WASHINGTON, D. C., Jan, 21.— [80n, sensing a miscue, swiftly car- Bishop James Cannon, Jr., facesjried his father to the circus doctor. investigation by the Nye Commit-| Out front the goat trotted about tee for his anti-Smith activities in|the stage while the audience called Virginia and other Southern States |for Ribo. in 1928, and also by a group of| But Ribo had taken his last blow. Elders of the Methodist Episcopal |He was dead. Church of the South. —_————— Senator Nye attempted to ques- Fme‘ by lmtallments tion Bishop Cannon' before on his 2 % activities but the Bishop success- Save City Jail Expense ST. JOSEPH, Mo, Jan. 21.—The fully defied the probe. The Elders of the church will meet here to determine whether|installment plan for paying fines the Bishop can be held for tml’ls becoming increasingly popular before the General Conference on| here, charges of the church, which are| Under the “easy payment” not named, but which are under-'tem, court officials point out, istood to include political, imxrket and other activities. e — C. V. Carlson and R. C. Peacock, who spent several weeks redecorat- ing and refitting the Capital the-| atre here, left yesterday on the! NEW YORK—The value of salt Alameda for Ketchikan. They will in the Dead Sea is estimated at be engaged there for some time 100 billlon dollars, enough for the 'in work on L. W. Kubley's theatse Eastern Hemisphere's needs for Am that city. ) centuries. sys- of- meet fines are not sent to jail to live at the city’s expense. ——.——— MUCH SALT IN DEAD SEA stock | fenders unable to raise cash to, the Wickersham Law Enforcement Commission: Nicholas Murray Butler, President of Columbia University, New York City, quoted Poet Horace: “The mountains are in labor; a funny little mouse has been born to make us laugh.” Senator William E. Borah, Republican of Idaho: “The report will soon take its place in the dust on an upper shelft. Debate will go forward on repeal or no repeal.” Senator Thomas J. Walsh, Democrat of Montana: exhaustive indictment of Prohibition.” Bishop Nicholson, President of the Anti-Saloon League: “The facts in general are most gratifying.” Senator Wesley L. Jones, Republican of Washington: “I like the clear-cut stand the President takes.” Mrs. Ella gBoole, President of the W. C. T. U.: “I am grati- fied with the report. It justifies our faith in Prohibition.” Representative Emanael Celler, Democrat of New York: “If I were an owner of securities in a brewery or distillery, T would hold on to them.” Senator Robert B. Howell, gratified it isn't worse.” Senator Millard E. Tydings, Democrat of Maryland: “The significant thing is the majority of the members of the Coms mission find Prohibition is ungatisfactory.” “It is an Republican of Nebraska: “I am