Evening Star Newspaper, December 3, 1929, Page 26

AUTD SEEZURES RULING PROWISED Supreme Court to Pass on Federal Government’s Right in Liquor Cases. By the Assoclated Press. ‘The Supreme Court yesterday con- sented to decide whether the Federal Government has the right to confiscate under the internal revenue laws auto- | ‘mobiles seized in connection with illegal | transportation of intoxicating liquor, a | question of great importance in the au- | tomobile industry. The question was presented in a case| from North Carolina. { The Richbourg Motor Co. contended | the Government had no discretion, but | must proceed to forfeit the seized auto- mobile_under the national prohibition act. The company “said more than $2,000,000 worth of automobiles were confiscated annually for illicit liquor traffic, and insisted proceedings must be under the Volstead act. ABE MARTIN SAYS Mrs. Em Moots hit a movin’ van head-on today, a student wearin’ one o' In February, 1927, a Federal prohibi- | the new cinnamon bear overcoats ob- tion officer in Western North Carolina | seized a Ford coupe with liquor. The| siructin® her view o’ the highway. ‘Why they call a feller that keeps machine had been parchased from the |losin’ all th’ time a good sport gits me. Richbourg Motor Co. under a condi- tional contract and a balance of $417 remained ‘unpaid. The Government proceeded under the internal revenue laws for the forfeiture of the machine and was sustained by the lower courts. ‘Under the internal revenue act the com- pany selling the machine on deferred yments had no right of recovery and ro.st all rights in the automobile. - e e All migrating birds are liable to be bl;wn out of their course by winds. and snowy owls from Canada and Green- | J. A. Riordan Chosen General Man- ager of Norfolk Boat Line. ‘The Norfolk & Washington Steam- boat Co., at a meeting held here yes- | llam’ D. Hoover and Henry N. Brawner, jr., directors. J. Allen Riordon, who for a number of years has been auditor of land have sometimes found their way across the Atlantic. R | OW the company, was appointed general manager. . | others and th> “split” opinion was ren- {in favor of the Shults Bread Company THE EVENING STAR, "WASHINGTON,” D. C. 'TUESPAY, DECEMBER 3; 1929. COURT SUSTAINS - TTAX DECISIONS “Split” Opinion Rendered in Eighth Case From U. S. Board of Appeals. The U. S..Bsard of Tax Appeals was sustained in seven decisions rendered yesterday by the District Court of Ap- peals. In the eighth case the decision wes affirmed in part and revers:d in part. Chief Justice George E. Martin announced th: decision in four cases, Justice Josiah A. Van Orsdel in three dered by Justice Charles H. Robb. The Board of Tax Appeals also won a reversal of a decision® of the District Supreme Court granting a mandamus to compel the board to enter a judgment of New York on a’petition for redeter- mination. The company had asked a default judgment when "the commis- sioner of internal revenue failed to answer its petition within 60 days. The appellate court holds that the man- damus should have been denied because the writ may not be invoked to compel the board to enter a default judgment. The opinion was by Justice Van Orsdel. Mandamus Writ Reversed. A writ of mandamus granted by the District Supreme Court to the Heine- |, man Chemical Company against the commissioner of internal revenue was formal letter registered mail as re- ply with the 3 court points out, by sendi & registered letter April 25, 1925, and also the un- registered letter of December 17, 1925. The plaintiff thereby received actual notice on the latter date of the com- missioner’s final determination and the duty rested upon it to with due diligence to enforce whatever rights it | “claimed to have in the premises. A delay of two years and six months was allowed to ensus before filing the peti- tion for mandamus, Among Decisions Affirmed. Among the decisions of the Board of Tax Appeals afirmed were the Gatliff ! Coal Co. of Kentucky, Pridolin Pabst, | Howard Moran and James P. Shea, es- tate of John B. Atkins of Louisiana, Belt Railway Co. of Chicago, Louis Goldberg of New York and Leo G. Had- ley of Missouri. The “split” opinion was rendered in | the case of the Corning Glass Works at Corning, N. Y. The board had dis- allowed deductions of $240,000 broker's | commission for refinancing deducted | from the tax returns for 1921 and 1922 | and a deduction of $25,000 as a con- ! tribution to the Corning Hospital in ! 1922. The appellate court sustains the refusal to allow the broker’s commis- sion, but reverses the board's actin on the hospital donation. < —e Hailstorm in Buenos Aires. By Cable to The Star. BUENOS AIRES, December 3.—/| Streets here temporarily resembled the ! snowbound cities of the Northern Hem- isphere Saturday evening, when a ter- rific hailstorm, following a day of swel- tering heat, covered the city to a depth flft more than an inch with the icy pel- ets. also reversed in a decision by Chief Justice Martin. The case involved the failure of the commissioner to send “by | i d il tice of his final de- | terday, elebted Col. Risley Brown, Wil- | feominasion of & case o termination of a case pending before him. The court holds the company guilly of “laches” in waiting from the receipt of notice through an unreg- istered letter December 17, 1925, until February 28, 1928, before asking for the | Headquarters 14th & C Sts. N. W. 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By the Assoclated Press. i ‘The Los Angeles (Calif.) Railway Co. yesterday was granted by the Supreme Court an increase in street car fare, the court holding the company was not're- stricted to a 5-cent rate by contract. ‘The opinion was delivered by Justice Butler, who said the question before the court' ‘'was whether the company was prohibited from asking an increase in rates because of a contract fixing l‘ltesi at 5 cents. Justice Butler sald there was no specific authority for Los Angeles to make such contracts, and that the court was bound by previous decisions hold- ing that before the contract rates could | be enforced it must be clear there was authority to-contract. Analyzing California laws, the court | stated there was no power conferred in express words authorizing Los Angeles to contract away its right to regulate rates. The commission and the city had failed, the opinion said, to establish their contention that the company was bound by contract to a 5-cent fare. It sustained the three-judge Federal court in_holding that a 5-cent rate was con- fiscatory. Justices Holmes and Bran- deis dissented. ‘The decision of the lower court fixed a 7-cent cash fare or four tokens for 25 cents. . .. MRS. ROGER SULLIVAN ILL: Slight Hope Held for Widow of Democratic Leader. CHICAGO, December 3 (#).—Mrs. Roger C. Sullivan, widow of the late Democratic party leader, is critically ill at the home of her daughter, Mrs. Robert N. Wolf, it was learned today. An illness first noted last Spring has become steadily worse, and physicians now hold only slight hope for her re- covery. PERTUSSIN loosensthe phlégm—soothes the irritation and quiets the cough spasm quickly.Contains no dope. ussj; B Oughy Rizik Brothers Announce General Reductions on All Fur-Trimmed COATS SUITS Affording_you an opportunity to obtain exclusive smart Rizik costumes at considerable savings. 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