Evening Star Newspaper, August 16, 1927, Page 4

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PERPETUAL BUILDING ASSOCIATION Largest in Washington Assets Over $15,000,0.0.00 Cor. 11th and E N.W. JAMES BERRY. Presi 208H0R® WO CARR Secretary | State: | touching the proper plan of propos e @ THE EVENTNG HOOVER DISCOUNTS' BOOST IN BUDGET Secretary Declares Engi- neering Projects Will Not Require Big Sum Now. | By the Assoc igust 16.—Con- | struction of s t engineer | projects contemplated by the Federal | G ument, including the d | ment of the Colorado River | sissippi flood control, will not sex |1y disturb the national budset, 't Hoover, Secretary of Commerce, said here yesterday The Secretary, who veste | dicted action by the next Congress on the pi the Colorado for flood velief, power { development and irvi n purpo said there would be no necessity for abandoning radical reductio in With other projects contem- ¢ the Government are the in- |land waterways system, developm of the Columbia River ba lop- W Mis day pre session of tion of the ( one of these t amounts of money are ne: ary them, excepting Colorado and Mi; | state that only preliminar ations will be asked. Only 000000 will be required annually to arry on the work npon the proposed Boulder Canyon dam and the Missis- sippi_projec ‘The only thing necessary is to es- blish a harmony between various of the Colorado River area | development. = That such an agres ment will be arrived at in the forth: | coming_conference of gov of these States is prett t ted. I anticipate early and action upon the Colorado project at SACCO-VANZETTI PLEAS ARE HEARD (Continued from First Page.) and on his attitude at times toward defense counsel in the courtroom. “That Judge Thayer's state of mind was prejudiced,” it said, * appears from the evidence before the court. That evidence need not be repeated | here. It is enough to say that it | shows statements by the judge which were not only a grave breach of ju- dicial decorum, but which indicated a state of mind which must have made it impossible for him to weigh impartially the questions which came before him. Holds Thayer Disqualified. “The state of mind which the record shows existed in Judge Thayer at the time of the trial and afterwai\l: dis- qualified him from acting as a judge, | for it shows that he was not ‘as free, impartial and independent as the lot of humanity will admit’ (quoting from AN UNBEATABLE sposed damming of | to be appropriated. Al of | \ : BY FOUR JUSTICES | the bil of rizhts in the Constitution of Massachusetts). Such a state of mind prevented lhn proceeding before him from meet- the constitutional requirements alEouita ot ek SnR ekl fact which made the proceedings be- fore him wholly void." O the matter of (he petition for a it of error the brief sai "'lu compel. the petitioners to pro- | ceed with their motions before Judge ayer was hoth an error of law and |a_violation of sound discretion. * * * | There is titutional right to have Judge Thayer's decision, both as to his right to sit and as to whether he in fact prejudiced, reviewed by other than himselt I 1o allegations contained in the present petition clearly warrant | the ‘issuance of the writ (of er- ror). * ¢ ¢ “It is_submitted that, If the allega tions of the petition he established upon examination of the record of the | procecdings, including the transcript [of the evidence, the several motions | for new trial and the aMdavits in sup | ot thereof, together with the afii- davits and offers of proof filed here- with, the judgments should then be | reversed and a new trial ordered.’ The defense brief added that * at stay of execu- w without ce,” be- Fuller has & the de. a respite until midnight of .\Nurlm)' General Reads Brief. general, 1 vlflug in hu within the sound discretion of a of th Court, tice Sande sue it <hown any way S After quoting the statutes and pre- vious court decisions, he said It is submitted, therefore, inas much 3 allowance of this writ he sound discretion of e to whom the peti- n which in flected the fairness of the no exception lies in his refu low the writ unless it be alleged ( the refusal amounted to an abuse of judicial discretion. It can hardly be contended seriously that the single justice is guilty of en abuse of d cretfon in this instance. s hrief took up afidavits submitted by de- insel in support of their al- of prejudice on the part of Judge cer. One affidavit refer- ring to an alleged conversation be. tween the judge and George U. Crocker the iid “Indicates simply that Judge Thayer, in the vacy of a club and not In the court- |hv Amer| protecting themselves from ‘Reds,’ radicals and anarchists, and offered to read a part of the charge which he was going to deliver to the jury, a charge which, we may point out, counsel for these defendants that no people HAY FEVER ;ASTH e teresting booklet on Doctor ery of " the basic cause of POWER was apparently so satisfactory to | Discovered STAR, WASHINGTON, exceptions to 1t were taken at‘the tria Tlunh!g to the statement of Prof. James P. Richardson of Dartmouth Collega as to a purported conve tlon with Judge Thayer at Hanover, . H., in November, 1924, after Judge Thaver had denied motions f trial, the attorney general's | Called Breach of Good Taste. “In this conversation Judge Th is sald to have applied vile name defendants and to have suggested that the defendants could go to the Supreme Court and see what relief they would get there. Subsequent events have shown that the defend ant got no relief in the Supreme ourt. Even if one word of this state- ment of Lawyer Richardson Is to he belleved, we feel it our duty to point out that the constitution of Massa- intee that v time and place within and without the court- room refrain from the use of profani- ty_and vile language, It believed, this statement indi cates nothing more than that Judge Thayer was guilty of breach of good taste and would by no means either rrant a finding by Mr. Justice Sanderson that in dealing with the defendants and. their mo- tions the judge had heen actuated by any improper motive. A judge who has sat on a critical case, is en- titled, if not indeed required, to have formed a definite opinion as to the guilt or innocence of the accused, and cxpressions by him of that opinion, affer the trial and outside the court- room, hre not evidence of prejudice sufficient to warrant reversal in an appellate court.” Of ‘the affidavits as a whole brief said: “We submit that Mr. Justice San- derson could in his discretion refuse to believe any and all of them. Even it he belleved them he was not bound as a matter of law to rule that they constituted sufficient ground to re- quire him to permit the issuance of a { Wit of error. inasmuch as they can fairly be said to show nothing more than tactless conversations held out- side the.courtroom.” The attorney general argued ‘that RY CLEANIN 1l Ounmv uml n Teosts Mens Sults, 95¢ fimates, Maln 1100-1401-7413 the o, s, W |} “YheBest Oilin the orld i ‘ It is super-refined — “The l Cream of | | ! the Crude.” OIL. THAT IS DIFFERENT FROM ALL OTHERS TRE Beware of Substitutes. At Good Dealers Everywhere Bayerson Oil Works, Columbla 5228 L\ . ” SAmA have caused ‘Standard Motor Ol to he accepled by the wkly blw as the measure o 0ll value” “STANDARD" MOTOR OIL & GASOLINE | only D. €. TUESDAY. Judge Thayer had no right under the statute to grant a new trial after sen- tence had been pronounced and that | the motion for revocation of sentence ‘was obviously addressed to the di cretion of the court and the judge's decision is final. Have Less Than Week Left. cco and Vanzetti, ¢ had less than a_week to live unless the court proceedings in their hehalf should suc- ceed or there should be executive clemency or furuther dels Should Sacco go to the el early next Tuesday morning he will have greater strength than on the night of August 10, when the gover- spite saved him within an hour ime appointed for death. Yes- terday he broke the fast he had main: ained for 30 « nd, while he took liquids, his diet will be bullt up as fast as his body ean accommodate itself to di M onee mors The Sacco-Vanzettj defense commit- tee has broadened its activity by urg ing Gov. Alvan T. Fuller and Presi dent A. Lawrence Lowell of Harvard a_member of the ady committee of the governor, to make public all the testimony it heard. Walter W. Liggett of the new cltl- trie chalr AUGUST 16, 1921. zens' national committee for Sacco and Vanzetti is to make a speaking tour designed to bring about the public: tion of files of the Department of Jus- tice which may concern the con-| demned men. Sacco, in contrast to previous days, showed a genuine interest in hus| breakfast today. 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