Evening Star Newspaper, May 6, 1930, Page 2

LEE FACTION LOSES FIRST LEGAL CLASH Secrecy of Grand Jury Held Inviolable by Court in Editors’ Cases. BY WILLIAM J. WHEATLEY, Staft Correspondent of The Star. ROCKVILLE, Md, May 6.—Under the incessant, hammering fire of a thundering and piercing oratorical bar- rage that shook the rafters of the Criminal Court room here, the Demo- cratic organization forces of Montgom- ery County, headed by E. Brooke Lee, went down to defeat yesterday in the first skirmish in the legal battle initi- ated by them to stop what they claimed were unwarranted and untrue attacks on the county officials by the Montgom- ery Independent, a weekly paper pub- lished here and sponsored by the so- called anti-wing of the party. At the conclusion of the verbal pound- ing delivered by & great array of coun- sel, there came the judicial pronounce- ment which left no uncertainty as to the inviolate secrecy with which the grand jury is surrounded in the State of Maryland, and the whole procedure of the official: appearing before the inquisitorial body was characterized in the opinion of the court, delivered by Chief Judge Hammond Urner of Fred- erick, as “unquestionably irregular and unusual.” First Clash in Open Court. Tt was the first clash in open court as « sequence to the appearance before the March term grand jury of the county ‘commissioners, E. Brooke Lee and Capt. Joseph C. Cissel, attorney for the com- missioners, who presented copies of the Independent and demanded an investi- gation of the allegations contained therein, which resulted in the return of nine indictments for criminal libel against the present managing editor and three former editors of the paper. Only the cases of two of the defendants, ‘Walter 8. Casey and Halrfllon B. Prench, ere under fire yesterday. ‘.Pr:r more than seven hours, counsel for both sides argued and cited scores of decisions to uphold their contentions. The entire day was given over to grguments on the legal points in- volved, and at their conclusion short- Iy before 6 o'clock, the three justices Sitting in judgment, Judge Urner and Judges John Newman of FPrederick and Robert Peter of Rockville, went into conference on the bench, which was followed by ‘the pronouncement of the opinion and the judgment. Next Move Up to State, With the defendants holding the as a result of the pro- f the judgment by the court, it left the next move with the State. "The State, If it desires, must traverse or deny the allegations in the pleas, and if it does the defendants, by wit- nesses, must prove them, or the State may take an :’lzpnl on the legal point decided yesterday. ‘The p{m are based on the point that the five county commissioners and Capt. Cissel were in the grand jury room at the same time, and that Lee presented a statement and citations of court decisions on the matter of crim- inal libel, which, defense counsel con- tended and the court held, were illegal and improper. Political Dispute Unnoted. Judge Urner, in his opinion, took no i‘llldlclfl notice of the political dispute the county. He said that no political dispute or fractional difficulty would be considered by the tribunal. The procedure challenged by the Pl tgo court continued, Was un- doubtedly an irregular one. It was unquestionably irregular and unusual, the court went on, and poiated out that never before in the history of the State has any body of men, acting in Bt O ooty S5 present. puch an fore @ grand jury to present s issue as was involved in this pro- cedure. Secrecy Emphasized by Oath. He pointed out that it was the law in Maryland that grand jury in- vestigations must be conducted in It is not only a duty imposed led, but_ it the grand jury is at liberty to receive is that of the State's attorney. He said that the oath taken by the grand jurymen not only obligates se- crecy, but impresses the absolute ne- cessity for unhampered judgment. In these respects it was not in accord with the law of the land for these six or seven citizens to appear in a body. It was clearly more impressive and in- fluential than if each had appeared alone, the court held. Continuing, Judge Urner said that however convinced the board of county commissioners and their counsel and Maj. Lee were-that they were properly advised by counsel, it was certainly an innovation in the proceedings in the State. If such procedure was indulged, the court contended, it would make it difficult for the grand jury to discharge the obligations of its oath and reach an independent judgment. Provocation Not Ruled Upon. ‘The court said that it would not pass on the degree of provocation, as its only concern it to preserve the consti- tutional provisions and see that the administration of justice is kept on the ancient land marks. State's Attorney Robert Peter, . said today no plans had been made for the State's next move. John E. Oxley, defense counsel, sald that there never was a case where the grand jury room has been ravished and debaunched as in this county in the present proceeding. He characterized it as a venomous and heinous con- spiracy. Taking up the speech which Lee is alleged to have made before the grand jury, he charged that it was not evidence but merely a number of preju- dical statements. TWO SOLDIERS INJURED IN SHELL BLAST IMPROVE Physicians at Walter Reed Hospital today reported improvement in the con- dition of two soldiers injured in the ex- plosion of a shell Sunday at the Army proving grounds at Aberdeen, Md. Those hurt were Albert J. Allen, 20 years old, of Mechanicsville, N. Y., an William Falk, 22 years old, of Moxaha- lilla, Ohlo. Allen's left arm was blown off and his rlfm arm was mangled so seriously physicians said they might have to amputate it. Falk suffered a fractured leg and lacerations. ‘The injured were members of the 62d Coast Artillery, — EXPLOSION IS REPORTED LONDON, May 6 (#).—An exchange telegraph dispatch states that an ex- plosion -occurred today in a munitions store near the Dolma Baghtche, the his- foric palace of the former Sultans of ‘Turkey. One person was injured and consider- Bble damage resulted, but the news- pers were ordered to refrain from giv- Pepper Backs Dav PHILADELPHIA, May 6 (#).—Former Senator George Wharton Pepper today announced he would support Secretary ‘of Labor James J. Davis for Senator and Prancis Shunk Brown for governor in e campaign for Republican nomina- lond, el e Officials and employes of the Civil sion, who recently resigned. Left to THE EVE Service Commission yesterday presented a large silver plaque and cane to Willlam C. Deming, president of the commis- right: Beatrice Bennett, Commissioner Jessie Dell, Commissioner George R. Wales and Dr. Deming.—Star Staff Photo. GANT SOUADRON OF ARPLANES D Biggest Group Ever to Visit Capital Will Spend Night Here in Demonstration. ‘The largest concentration of military airplanes the National Capital has seen is due today at Anacostia Naval Air Station, when 66 torpedo and bombard - ment and observation planes from the airplane carriers, now at Hampton Roads, visit here for the night as a part of a demonstration along the At- lantic Coast. ‘This will be a forerunner to the an- ticipated visit of 160 planes of the bat- tle and scouting fleets to the National Capital during the Curtiss Marine Tro- phy races on May 24. Due at 3 P.M. ‘The 66 Navy planes were to leave ! Hampton Roads at 12:50 p.m., accord- ing to word received by the operations office at the Anacostia Naval Air Sta- tion, The first squadron was due to land at the local station at about 3 o'clock, followed by the others at in- tervals long enough to permit clearing of the field for later arrivals. Eighty more planes are due to leave Hampton Roads tomorrow. The planes are to be staked down on the field tonight, owing to lack of hangar space for so great a number of visitors. The force is to leave Wash- ington at 8:15 o'clock tomorrow morn- ing for New York and other points along the Atlantic Coast in the greatest dis- play of the Navy's aerial forces ever seen in the Eastern United States. ‘The squadron’s coming here will rep- resent all three airplane carriers, the U. S 8. Lexington, U. 8. S, Saratoga 5. 8. Langley. There are to torpedo planes from the Lexington, 18 torpedo pianes from the Saratoga, 12 scouting planes from the Lexingto: 12 scouting planes from the Saratoga' l;nd 6 scouting planes from the Lang- Ve Comdr. Whiting in Charge. ‘The entire force is under command of Comdr. Kenneth Whiting, one of the Navy's pioneer pilots, with the torpedo wing commanded by Lieut. Comdr. A. E. Montgomery and the scouting wing by Lieut. Comdr. George S. Gillespie. ‘The squadrons were expected to cir- cle over the city before landing at Ana- costia. There will be no effort made to fly a formal review over the Capital during the present visit, however, ac- cording to information received by the local air station officers. The largest number of planes seen in the air at one time over the Capital has been approximately 50, this number having flown in tribute to Col. Charles A. Lindbergh upon his return to the United States from Europe, following his New York-Paris flight. Nearly 50 planes were in the air in connection with the inauguration of President Hoover. No unified air force even remotely approaching in size that due here this afternoon has been seen in Washington, it is said. The squadrons will be joined by other squadrons from the carriers tomorrow for a demonstration over New York City, ‘where the largest air show of the year is in progress this week. HOUSE APPROVES 20 PUBLIC BILLS Measures Passed by Unanimous Consent Include Revision of Civil War Pension Scale. By the Asiociated Press. Twenty bills, ranging from a Te- vision of the pension scale for Civil War veterans to a request that Presi- dent Hoover invite foreign governments to participate in the observance of the 150th anniversary of the surrender of Cornwallis at Yorktown, to be held next year, were passed yesterday by the House under unanimous consent. The pension measure, sponsored by Chairman Nelson of the invalid pen- slons committee, would increase the regular rate of pensions from $65 to $75 and would provide a $100-a-month ate to all veterans requiring the aid nd attendance of another person. The atter class now receive either $75 or $90. The bill goes to the Senate. A Senate bill to authorize $950,000 d|to enlarge tree planting operations in national forests, including the estab- lishment of nurseries and the purchase of tree seed or young trees, was passed and sent to the President. Of this fund $250,000 would be expended in the fiscal year 1932, $300,000 in 1933 and $400,000 in 1934. ‘The Secretary of War would be au- thorized to proceed with improvements around the Tomb of the Unknown Sol- dier in _Arlington Cemetery under another House bill passed and sent to | the_Senate. Funds for the work al- ready have been appropriated. ‘The Korell bill to authorize parti- cipation of this Government in the in- ternational conference on load lines to be held in London this month also was approved and sent to the Senate, Japanese Estimates Approved. TOKIO, MAy 6 (P.—The supple- mentary estimates bill, providing 39,- 000,000 yen, about $19,000,000, for an increased educational subsidy export debenture and shipping credit was ap- proved today by the House of Repre- sentatives, ‘The bill now goes to the Upper House. The latter two measures of the bill deal with the aftermath of the restora- tion gold s de TWOKILLED, S0 HURT IN'WESTERN STORM | Twisters Exact Heavy Prop- erty Toll in Oklahoma, Kan- sas and Nebraska. By the Associated Press. KANSAS CITY, May 6.—Invaded by tornodic winds for the second time in four days, the South and Middle West today counted a further toll of two lives and thousands of dollars’ damage, exacted in Oklahoma, Kansas and Nebraska. Loosing their fury in Western Okla- homa, a series of small twisters last night swept over farm lands into Cen- tral Kansas and north into South Central Nebraska. Mrs. C. T. Bush, 63, and a 16-year- old colored boy named Edwards were killed in Blaine County, Oklahoma, near Greenfield. ‘Approximately 30 persons were known to }nve been injured, but few danger- ously. Damage was believed to total thou- sands of dollars, aithough complete reports were not available because of crippled transportation and communi- cation. At Walters, Okla., where three cot- ton gins and a dozen homes were razed, loss was estimated at $150,000. Central Kansas losses, near Langdon, Chase, Ellinwood and Lorraine, were estimated ‘unofficially at approximate- ly $200,000. Four men were injured, one critically, when the tornado struck Walters. ‘The injured were: Jack Hurley, Bill Smith, Bill Hood and a man named Dycus. Hurley, whose skull was fractured by debris tossed in a storm sewer which he was working, was in a critical condition. Smith sustained a broken shoulder, and Hood suffered several broken ribs They were working in the ditch with Hurley, At least four farm homes were swept away between Grand Island and Hast- ings, Nebr. No one was reported hurt, families taking refuge in storm cellars, Northeast Kansas, Northwest Mis- souri and parts of Nebraska were visited by another series of storm winds last Thursday night. Work of rehabili- ation there still is in progress. Two deaths were attributed to the Thurs- day tornadoes at Kickapoo, Kans. Six ersons were killed in and near No/- rne, Mo. An unidentified motorist was re- ported injured when his automobile was blown from the highway near Lorraine, Heavy crop damage resulted from the winds and from hail and heavy rains which fell in the ravaged dis- tricts and other sections. At Ellinwood, Kans.,, 40 empty rail- way freight cars were strewn over the countryside, some of ‘them a quarter of a mile from the right of way. Santa Fe trains were halted at Ellinwood, as the tracks there also were wrecked. A girl was injured and five farms dam- aged. The farm house of Lawrence Tibbetts near Langdon was destroyed. . CITY CLUB BUILDING SOLD AT AUCTION Four-Story Structure Brings $1,000 Plus Indebtedness When Put on Block. (Prom yesterday's 5:30 Edition of The Star.) The City Club property, four-story structure at 1312 to 1320 G street, was sold at auction this afternoon to James A. Purcell, local lawyer, representing undisclosed principals, who offered the sole and low bid of $1,000 over existing encumbrances, which brought the total consideration to $633,345. ‘The sale of the property throws the future location of the City Club into doubt, since the property was auctioned off subject to but one existing lease, that affecting store quarters on the first floor of the building. The City Club organization has had quarters in the upper stories of the structure. The property was sold in default of payment of interest on both the first and second trusts, plus unpaid taxes and other encumbrances, The sale, conducted by Adam A. ‘Weschler, auctioneer. attracted a crowd of approximately 100, including & num- ber of prominent business men, realtors, bankers and Chatham Towers, District tax collector, and Willlam P. Richards, tax assessor, ‘The bullding was subject to the first trust of $550,000, plus $34,274 in ac- crued interest; delincuent taxes, pen- alties and interest amounting to $48,070. Outstanding second trust gg\u amounted to approximately $180,~ 0. The sale lasted exactly one hour. When the property finally was knocked down to Mr. Purcell he posted a deposit of $1,000 as earnest on his contract to complete the sale. === -— Plane Takes 2 From Icebound Ship. MOTORSHIP NANUK, North Cape, Siberia, May 6 (#).—Reports reached here today that the Russian aviator Gladyshev and his mechanic and two passengers from the “icebound ship Stavropol here, had arrived safely at Whalen, St. Lawrence Bay, on their flight from North Cape to Valdivostok. Bicentennial Series The next article in Mr. Craig’s series® on the bi- centennial celebration will appear tomorrow. NG STAR, WASHINGTON, D. C. SENATORS CONSENT T0 VOTE ON PARKER Long Wrangle Over Ashurst’s Charge Is Ended by Dill Statement. (Continued From First Page.) is & friend of mine. He did not clai=a that he had any gssurances from the White House that he could get me an appointment.” Senator Norris of Nebraska inter- rupted: “Since the matter has gone as far as it has, ought not the Senator from Washington, tell us who the man was and whether he is in Washington now?” “He is a private citizen, and has no connection with the administration,” replied Senator Dill. “I see no reason for dragging him in. T do not want any one to think that if any one came to me with such a proposal to change my vote that I would not resent it, but I am not so thin-skinned as not to be able to understand that people some- times let their enthusiasm run away with them. I think this whole matter is ridiculous.” “Just a Republican.” Senator Glass of Virginia asked if the man who had talked with Senator Dill had a personal interest in Judge Parker. “He was just a Republican,” sald Senator Dill, “ready to support a Re- publican proposal.” Scnator Watson, Republican leader, submitted a motion at this juncture to suspend until next Monday further consideration of the Parker nomina- tion so that the charges made by Sen- ator Ashurst could be investigated b; the judiciary committee in the interval. Senator Ashurst declared that he could see no reason for such an investi- gation; that he had no further infor- mation beyond what already had been given the Senate. “All the evidence I have is before you now,” said Senator Ashurst. Senator Robinson of Arkansas, the Democratic leader, opposed the Watson motion, “It is clear to me,” said Senator Robinson, “that little would be ac- complished by adopting the proposal of the Senator from Indiana. Senator Ashurst has stated that all the facts in his knowledge have been brought to light on the floor of the Senate. The Parker nomination has been before the Senate for a long time. “I belleve it would be a fruitless ac- tion and fruitless to indulge now in the favored pursuit of the Senate and order an investigation. If anything could be disclosed by an investigation I would be the last man to oppose it. But we all owe something to the dignity of our positions and to engage in investigation now would be only to make ourselves ridiculous.” Senator Norris of Nebraska, chairman of the judiciary committee, and a lead- ing opponent of Judge Parker, also de- clared he saw no good reason for going ahead with the investigation. ‘The controversy in the Senate over the charge made by Senator Ashurst yesterday flared up immediately after the Senate met today, with Senator Carter Glass of Virginia, Senator Sim- mons of North Carolina, and Senator Allen of Kansas demanding that the Senate conduct an investigation with- out delay. Senator Allen declared that scores of newspapers throughout the country had interpreted Senator Ashurst's charge as reflecting on the President. Glass Opens Fight. Senator Glass opened the discusison in |of the Ashurst speech today. He read one of the news r accounts, which quoted Senator Ashurst as having sald that the offer of judgeships had been made with the consent of Judge Parker. Senator Glass said he wanted to ask those in charge of handling the case be- fore the Senate, if it is proposed to pro- ceed with the consideration of it without first ordering an investigation of the statements made during the debate yes- terday. Senator Glass he decided th 5 he could not vote inst Judge Park- er, but “if there is any semblance of truth” in the charges as he had read them in the published report, he could not vote for the nominee. ~After it had been brought out in the debate that Senator Ashurst disclaimed having said that the offers he referred to were made with the consent of Judge Park- er. Senator Glass declared that, even divested of those words, he wanted to know if the accusations were not of such gravity as to call for inquiry. Watson Clears Parker. Senator Watson, Republican, of In- dia and majority leader, said that, 50 far as he knew, no one had impli- cated Judge Parker in the matter referred to by Senator Ashurst. Senator Ashurst interrupted and re- iterated the statement that he did not say Judge Parker knew of the develop- ments he referred to yesterday. Senator Borah, Republican, of Idaho, declared that he was ready to proceed with consideration of the nomination on the theory that if any one made such an offer as was referred to yester- day it would have no effect. Senator Bol also sald he did not think any charge had been made or implied that involved Judge Parker. It was at this juncture that the Ashurst-Dill angle developed. The eonfirmation of the nomigation of Judge Parker today appeared to hinge on one vote. Supporters of Judge Parker said to- day that they had believed last night that confirmation was assured. They admitted, however, that disquieting news had come to them indicat- ing that a Democratic Senator, whose support had been expected in the end, would cast his vote against Judge Par- ker’s confirmation. According to their count, such action would defeat Judge Parker by one vote. Jones to Vote for Parker. Senator Jones of Washington, chair- man of the Senate appropriations com- mittee and regarded as a staunch friend of labor and of the colored people, told the Senate today he intended to vote for confirmation of the nomination of Judge Parker. He contended that Judge Parker had shown himself fair to the colored people in his decisions as Federal judge of the fourth judicial circuit. He insisted, too, that Judge Parker should not be saddled with criti- cism of the decision in the Red Jacket Coal Co. case, which organized labor has raised as a barrier to Parker's ele- vation to the Supreme Court. After asserting that Judge Parker met all the requirements of high char- acter, honesty, ability and impartiality, Senator Jones took HK the charges which have been brought against him during the debate over his nominaion, “If these charges are worthy of con- sideration,” saild Senator Jones, “they should have been made when ne was named to the high office he now holds.” 1. 1. KEEFER TO LECTURE Scheduled to Address Association of Oldest Inhabitants. An f{llustrated lecture on George Washington and Mount Vernon will be given tomorrow night at the regular meeting of the Association of Oldest In- habitants of the District of Columbia by Joseph I. Keefer. The association meets at 7:30 in the Old Union Engine House, Nineteenth and H streets. i Farmers head the list of bankrupts in England, with builders second in num- TUESDAY, Bullet of Woman Saves Life of Man, Physicians Assert By the Associated Press. CHICAGO, May 6.—The law has a paradox. Miss Eva Martinez, 30, shot Fred K. Petmesas, hotel owner, in the abdomen, March 28, ‘The bullet, physicians said, saved his life. Rushed to the ital after the shooting, doctors found that within an hour or two Petmeza's appendix would have burst and possibly caused his death. DIRECTOR STUDIES PREPAREDSPEECHES Extemporaneous Topics Will Aim to Test Contestant’s Knowledge of Subject. Subjects for the extemporaneous speeches of The Star finalists, who will strive Thursday morning for the right to represent this zone in the national contest, have been prepared at naticnal contest headquarters, in The Star Build- ing, after careful consideration of the prepared orations. In selecting the topies for impromptu development, Randolph Leigh, national director of the contest, has studied each speech with & view to hitting on a subject which will test the con- testant’s knowledge of the content of his speech, yet fall clearly within his chosen theme. Of the 11 finalists, but five have participated in preliminary contests in which extemporaneous addresses have been required, although permitted at discretion of school authorities in all district finals. As s consequence, these five are expected to have a slight edge on their opponents in this feature ‘Thursday. Five Districts Effected. The five districts requiring extempo- raneous speeches in their eliminations were Central, Western, Eastern, Mc- Kinley Manual Training and Business High Schools of this city. Each of the local high schools is a separate di- vision in The Star’s area and is en- titled to & representative in the sone finals. Other districts consist of the MAY 6, 1930. FAGLETON HONORED BY MEDICAL GROUP Newark, N. J., Specialist Awarded Honorary Degree by District Society. ‘The Washington Medical and Surgical Soclety at its thirty-third annual ban- quet at the Mayflower Hotel it night paid tribute to Dr. Wells P. Eagleton of Newark, N. J.,, with the presentation of an honorary degree in the soclety, awarded annually to an outstanding | American practitioner chosen by the organization for this distinction. Dr. Eagleton is one of the leading American authorities on ear, nose and throat diseases, and rendered distin- guished service in the Medical Corp of the Army during the war. He has been honored by & number of leading medical organizations of the country. Besides bringing together more than several hundred of local physicians and sur- geons, the prominent guests included Dr. Luther Reichelderfer, newly ap- pointed president of the Board of Dis- treit Commissions; Surg. Gen. Hugh S. Cumming, chief of the United States Public Health Service; Dr. William Gerry Morgan, president-elect of the American _Medical Assoclaiton; Capt. Joel T. Boone, U. S. N, President Hoover's personal physiclan; Dr. John Foote, president of the District of Columbia Medical Soclety; Dr. Hall Skillern of the University of Penn- sylvania. In addition, Dr. J. Burr Pig- gott, & member of the society, was pre- sented with a fellowship. The banquet also marked the retire- ment of President Dr, Earle G. Breed- ing, who presided at the meeting. Fol- lowing the reading of a paper on ear, nose and throat diseases by Dr. Eagle- ton, an entertainment program was pre- sented by a commmittee under the chairmanship of Dr. Custis Lee Hall Dr. Frank E. Gibson was chairman of the banquet committee. Dr. Truman Abde, Dr. Roy Adams, Dr. Albert Allemann, Dr. W. P. Argy, Dr. J. S. Arnold, Dr. F. 8. Avery. Dr. John F. Baber Dr. Willlam M. Ballinger, Dr. Edward A. Balloch, Dr. J. M. Bankhead. Dr. Noble P. Barnes, Dr. Grant 8. Barnhart, Dr. Edmund Barry, Dr. Charles Bassett, Dr. Lewis J. Battle, Dr. Sam Battles, Dr. H. W. Baxley, Dr. Charles M. Beall, Dr. E. B. Behrend, Dr. V. V. Bele, Dr. A. B. Bennett, Dr. Harry S. Bernton, Dr. R. A. Bier, Dr. J. Rozler Biggs, Dr. G. S. Birdsall, Dr. Walter Bloedorn, Dr. Joseph Bogan, Lieut. Comdr. Joel T. Boone, Dr. Daniel private and parochial schools of Wash- ington and the nearby counties of Maryland and Virginia. Mr. Leigh took pains in his selection of extemporaneous topics to avoid those assigned in earlier stages of the contest. Judging of the two sections of a con- testant’s oration will differ slightly. The judges will be instructed that each ora- tor is expected to limit himself to six minutes in his prepared speech, and that failure to do so will mitigate against | him, although he may be rated first it {he stops on the signal and his address warrants it. In the case of an extempo- raneous speech, however, the judges will be instructed to consider the calling of time while the contestant is still speak- ing as an indication that he is fully ac- quainted with his subject matter and consequently & point in his favor. No “padding,” however, will be tolerated, and if a speaker fully develops his sub- ject n less than the four minutes al- lotted he will be given full eredit. Topics Bear on Speech. The extemporaneous topics assigned to contestants in district eliminations are examples of- the relation that the four-minute speech will bear to the first part of the oration, At Central High School, Griffith John- son, who was chosen to represent the school, e for six minutes on “The Constitution; a Symbol of the Ameri- can Spirit.”. The extemporaneous sub- Spirit in Relation to Present Day Ob- stacles to World Union.” Other local high school winners who spoke extemporaneously and the sub- Jects of their six and four minute speeches, respectively, are: David Akers Hill, McKinley Manual Training, “Who Shall Modernize Our Constitution?” and “The Effect of the Dissenting Opinions of Justice Oliver ‘Wendell Holmes on the Modern Inter- pretation of the Constitution.” Edmund Gullian, Western, “John Marshall and Federal Supremacy” and “Is Marshall's Conception of Federal Government on Trial in 1930?" Dorothy Marie Zepp, Business, “The Liberty Offered to the Foreigner by the Constitution of the United States” an “The Significance of the Designation of America as & Great Melting Pot.” Charles W, Hart, Eastern, “The Liv- ing Constitution” and “How Does Our Government Today Carry Out the Ex- press Purpose of the Constitution to Promote the General Welfare?” “DEADWOOD DICK” PNEUMONIA VICTIM Hero of Western Lore Is Last of Famous Frontier Characters. By the Assoclated Press. DEADWOOD, 8. D., May 6.—"“Dead- wood Dick” Clarke, 83, hero of Western and Indian lore, died yesterday from a combination of old age and yn};umom-. His passing fsllowed by less than three months the death of “Poker Alice” ‘Tubbs, a cotemporary character of the old West. Deadwood Dick died with his boots off. Survivor of the rigors of pioneer life, he lived to becom= a tradition in the decades that followed the passing of the stage coach, the gold rush and the threat of Indian uprising. Weak: ened by old age, he for several s had been pointed out to tourists as the last landmark of the old West. Early last year he made an airplane trip to Washington, where he was received by President Coolldge. It was the last long trip he made from the Black Hills. He was born in Hansborough, Eng- land, December 15, 1845, and came to the United States when 16 years of age. Joining a party of prospectors in Illi- nois, when & young man, Dick made the long overland journey to the Black Hills at the time when the excitement of gold discovery was at its height. During the years that followed he Was & pony express rider, Indian fight- er, guide and assistant to United States marshals. RANCH DEATH BLAMED ON OLD FEUD IN OREGON Body Found in Desert Cabin Rid- dled With Bullets—Son Slain Three Years Ago. By the Associated Press. LAKEVIEW, Oreg, May 6.—A flare- up of the old Wl:fl Tire, Oreg., feud, which previously had claimed one life, was blamed here today for the death of Ira Bradley, 45, mountain rancher. Bradley's body, torn by several bullet holes, was discovered by Bradley's son and two other ranchers Sunday in Bradley’s desert cabin, 125 miles north- east of here. ject assigned him was “The American | E. d | Lee Hall, Borden, Dr. Willlam C. Borden, Dr. Robert J. Bosworth, Dr. F. W. Braden, Dr. J. Chester Brady, Dr. W. H. Bran- denberg. Dr. Earl G. Breeding, Dr. J. P. Brennan, Dr. George Brilmyer, Dr. Edward B. Broocks, Dr. F. J. Brosahart, Dr. J. H. Bullock, Dr. Caryl Burbank, E. W. Burch, Dr. John W. Burke, Willlam Burns, Dr. H. J. Bush, W. Byron. Dr. James Cahill, Dr. T. Cajigas, Dr. Charles' Campbell. Dr. Ralph J. Carbo, A. C. Cardwell, Dr. L. B. Castell Dr. Pred Chlgpelnr. Dr. H. C. pelear, Dr. C. N. Chipman, A Choisser, Dr. A. C. Christie, Dr. M. H. Christie, Dr. Thomas Claytor, Dr. Charles 8. Cole, Dr. Eugene Cole, Coursen B. Conklin, Dr. R. J. Conlon. Dr. P. 8. Constantinople, Dr. E. P. Copeland, Dr. L. A. Cornet, Robert J. Cottrell, Dr. Sidney Cousens, Dr. George W. Creswell, Dr. Cyrus R. Creverling, Dr. Thomas B. Crisp, Dr. H. J. Crosson, Dr. Jerome F. Crowley. Dr. H. L. Darner, Dr. E. Y. Davidson, Dr. James Davidson, Dr. Hugh J. Davis, W. T. Davis, Dr. B. 8. Dean, Di D. Delaney, Dr. R. L. DeSaussure, George Dewey, Dr. M. €. Dollman, R. Y. Donn, Dr. H. H. Donnally, atthew Donohue, Dr. H. N. Dr. Charles Dugan, Dr. J. Dull Wells P, Eagleton, Dr. John Paul Earnest, Dr. John C. Eckhardt, Dr. P. J. Eichenlaub, Dr. H. Einstein, Dr. W. W. Eldridge, Dr. Edward Ellerson, J. Illerwntd "; Dr. Henry R. Elliott, Dr. . M. ison, Dr. Joseph F. Elward, Dr. J. W. Esler, Dr. A, B. Evans. Dr. J. M. Fadeley, F. A. Fenning, Dr. C. E. Ferguson, Dr. Aubrey D. Fischer, Dr. M. Pischer, Dr. F. C, Fishback, Dr. John A. Foote. Dr. Leslie H. French. Dr. G. R. Gable, Dr. Leslie T. Gager, Dr. James A, Cannon, Dr. J. P. Gibson, Dr. G. Bache Gill, Dr. W. T. Gill, jr.; Dr. W. T. Gill, sr.; Dr. J. Burton Glenn. Dr, Edward Earl Golden, Dr. Carl Gold- enburg, A. C. Goldsborough, Dr. Delmar , Dr. E. W. Graefl, Dr. Edward Grass, Dr. A. C, Gray, Dr. 8. M. Gray- son, Dr. 8. H. Greene, Dr. Allen Grif- fith, Dr. J. Beaty Griffith, Dr. Thomas A. Groover, Carlin E. Guy, Dr. W. C. Gwynn. Dr. Francis A. Hagner, Dr. Custis Dr. C. R. L. Halley, Dr. Charles Hammett, Dr. W. S. Hardesty, Dr. C. W. Harnsberger, Dr. J. P. Har- rington, Dr. James Hawfield, Dr. M. L. Heiges, Dr. G. B. Heinecke, Dr. J. M. Dr. Dr. man, Dr. Harold Bradley, another son of the rancher, was slain about three years ago by R. L. Hutton, a Harney County rancher, for whom the younger Brad- ley worked. The slaying, authorities said, caused considerable agitation among ranchers. Heller, Dr. Robert Henderson, Dr. Ernest Hendry. Dr. Roy Higgins, Dr. H. 8. Hoffman, Dr. George W. Hoover, Dr. Gerald A. Hopkins, Dr. Herbert C. Hop- kins, Dr. Edmund Horgan, Dr. J. Hor- gan, Dr. F. A, Hornaday, Dr. William H. Hough, Dr. O. B. Hunter, Dr. G, W. fiu&chlluon. Dr. C, W. Hyde, Dr. LeRoy yde. Dr. Benjamin F. Iden, jr.; Dr. John Hooe Iden. Gen. Merritt W, Ireland. Dr. Willlam A. Jack, jr.; Dr. V. B. Jackson, Dr. J. Bay Jacobs, Dr. X. W. Jaeger, Dr, Joseph A. Jeffries, Dr. Wil- liam Jenkins, Dr. John Johnson, Dr. L. B. Johnson. Dr. Howard F. Kane, Dr. Harry Kauf- man, Dr. J. T. Kelley, Dr. Addm Kem- ble, Dr. R. J. Kemp, Dr. H. H. Kerr. Dr. Sothern Key, Dr. C. P. King, Dr. D. S. Knowlton, Willard Kochenderfer, Dr. Charles Koones, Dr. W. E. Krecht- ing, Dr. Joseph Kreiselman. Dr. Robert S. Lamb, Dr. Thomas E.| Latimer, Dr. I. Lattman, Dr. Huron W. Lawson, Dr. R. M. LeComte. Dr. Frank Leech, Dr. H. H. Leffler, Dr. C. Leiva, Dr. William L. Lewis, Dr. W. A. Linthi- cum, Dr. T. Linville, Dr. A. B. Little, Dr. John R. Lloyd, Dr. Thomas Lowe, Anthony Lucas, Dr. Dan Lynch, Dr. J. Neill, Dr. Edward on, Dr. George H. Magee, Dr. Nichol Mandelos, Dr. J. Ward Mankin, Dr. Willlam. M. Mann, Dr. J. Otis Marshall, . E. H. eller, Dr. H. E. Martyn, Dr. Lyle Mason, Dr. W. B. Mason. Dr. T. Mattingly, Dr. C. W. Maxfield, Dr. J. J. McCarthy, Dr. Lee McCarthy, Dr. | F. M. McChesney, Dr. George McClain, Dr. C. H. McEnerney, Dr. F. X. Mc- Govern, Dr. J. J. McHale, Dr. John H. McLeod, Dr. Arnold McNitt, Dr. Henry McNitt. Dr. R. J. McNulty, Dr. E. A. Merritt, Dr. W. A. Mess, Dr. Meyer, Dr. W. C. Miller, Dr. F. H. Mistretta, Dr. C.'W. Mitchell, Dr. D. B. Moffett, Dr. | G. O. Monroe, Dr. C. W. Montgomery, Dr. William C. Moore, Dr. R. E. Moran, Dr. E. L. Morgan, Dr. W. G. Morgan. Dr. F. H. Morhart, Dr. R. L. Morrison, Dr. E. L. Morrison, Dr. Edwin C. Morse, Dr. W. B. Morse, Dr. S. B. Muncaster, Dr. J. J. Mundell. Dr, Harry Nalley, Dr. E. E. Newcomer, Dr. W. S. Newell, Dr. Lester Newman, Dr. 8. Noland, Dr. A. C. Norcross. Dr. William Norton, Dr. Upton D. Nourse, Dr. G. K. Nutting. Dr, Edward O'Brien, Dr. H. Ong, Dr. L. an Owens. r. Albert E. Pagan, Dr. R. Massle Page, Dr. R. V. Palmer, Dr. Joseph W. Pe:!e:ody, Dr. Ivy Pelzman, Dr. R. Pen- dexter. Dr. W. R. Perkins, Dr. E. T. Pickford, Dr. J. Burr Piggott, Dr. J. T Preston, Dr. Walter Price, Dr. Milton H. Prosperi, Dr. Paul E. Putski. Dr. S. B, Ragsdale, Dr. H. P. Ramsey, . M. Randolph, Dr. C. A. Ransom, . H. G. Rawson, Dr. Boyd R. Read, Dr. J. T. Ready, Dr. John A. Reed. Dr W. P. Reeves, Dr. L. Reichelderfer, F. A. Reuter, Dr. Fred Repetti, Dr. 8. Ritchie, Dr. Edward Roberts, Dr. J. A, Rolls, Dr. T. J. Rosser, Dr. T. J. Rossi- ter, Dr. R, C. Ruedy, Dr. J. Ruffin, Dr. Sterling Ruffin. Dr. L. T. Rummieselle, Dr. W. A. Ryon. Dr. J. B. Sacasa, Dr. W. W. Sager, Dr. Robert Oden, 8. Otell, Dr. 8. ’ Dr.|Dr. F. Chicago Temple Bombing Averted By Curious Woman By the Associated Press. CHICAGO, May 6.—A woman’s inquisitiveness prevented a bomb- ing of the Moorish temple last night. ‘The woman, passing by, won- dered what was in & truck park- ed behind the temple. She walked into the alley, where the truck was parked and looked into it. Then she ran screaming for & policeman. Inside the truck she had found 40 sticks of dynamite. Percussion caps had been attached. The I‘mlllfl‘n w Finmdve| .n"’l:';l - arently ned & Pombers before the bombing could be consummated. The Moorish temple is head- quarters for a colored cult. BRANCH BANKING HELD IDEAL PLAN Chairman of Advisory Com- mittee of Bank of Italy Tes- tifies Before House Group. By the Assoclated Press. e Pursuing its investigation group, branch and chain banking, the banking ,and currency committee of the House today heard James A. Bacigalupi, chair- man of the advisory committee of the Bank of Italy, say “the ideal system of banking should permit present banks to establish branches in any part of the world.” Basing his conclusions on the ex- perience of the Bank of Italy, Califor- nia’s billion dollar branch banking sys- tem, Bacigalupi told the committee that such a system need not “proceed GRAF WILL START 10 RIO ON MAY 18 Eckener Estimates South American Round Trip Will Require 23 Days. By the Assoclated Press. b FRIEDRICHSHAFEN, Germany, May 6.—When May 18 dawns Dr. Hugo Eck- ener will lift the Graf Zeppelin into the air here and begin the first trip ever attempted between Europe and South America by lighter-than-air craft. After stops at Rio de Janeiro and Pernambuco, Brasil, Dr. Eckener will turn the nose of the big ship northward. She will visit Havana, then Lakehurst, N. J., and then turn toward the Atlantic again for Seville, Spain, where an an- chor mast has been erected. Dr. Eckener estimates that it will take 23 days, including stops, to accomplish this journey of 18,000 miles. That is a little more than a day longer than the time consumed in the round-the-world flight last Summer, when the time was 21 days, 7 hours, 53 minutes for the flight ‘of 22,000 miles, Three or Four Days to Brazil. After leaving Priedrichshafen May 18 the Graf will fly via Switzerland and France to Seville, planning to arrive there from 20 to 24 hours after the start. During the one-day stop the passengers will be taken on a sight- seeing tour around the city and envizons. The Zeppelin will be fastened to & mast. Should it remain in Seville onnnflt the gmennu will be put up in a hotel. The stretch of about 4,000 miles from Seville to Pernambuco will, it is esti- mated, take three or four days. Dr. Eckener expects to fly along the Moroec- can coast, possibly also via Madeira, then, weather and visibility permitting, past’ the Canary Islands to the Caj entirely from New York.” “In our great country the future will ong commercial centers fully able to exist inde- pendently of New York” he said. “There would be branch banking sys- tems with head offices in Minneapolis, San Francisco, Detroit, Chicago, Buf- falo, St. Louis, Atlanta, New Orleans and other cities. “We firmly believe that large-scale branch banking over wide and diversi- fled areas is decidedly superior,” he continued. “It is more economical be- cause of lower operating cost, lower overhead expense and reduced credit losses. It provides safer and more adequate banking service because of greater diversification of assets, greater capital investment and greater credit capacity. It is more convenient for the public and more permanent. in char- banking is now possessed by all of the leading foreign banks and has been of - | great value to them in building up and -| holding their foreign trade. We have become a great financial nation and our prosperity is dependent upon the Dr.| efficient development of our foreign trade in all sections of the globe. Con- gress has recognized the fact that bank- ing should follow trade by giving to national banks the - right, with the approval of the Federal Reserve Board, to establish branches in foreign coun- tries.” ‘| CAPITALIST TELLS OF $172,800 GIFT TO OPPOSE SMITH (Continued From First Page.) “in time” would support prohibition and said he would not support a party that advocated repeal. without & party in New York,” Caraway commented. The witness said the $172,000 was his own money, but that $18,000 had been collected from his “Insurance Club” in New York. “Have you any evidence that this was your money?” Caraway asked. “No evidence is needed, said. “It was my own money." He added about 4,000 persons gave the $18,000. Caraway read from records that Jameson had contributed $9,475 to the Anti-Saloon League during the last three years. After concluding with Jameson, the committee adjourned until Thursday, when F. Scott McBride, general superin- tendent of the Anti-Saloon League, will testify. Jameson BAND CONCERT. By the United States Marine Band Orchestra this evening at 8:15 o'clock at the Auditorium, Marine Barracl Taylor Branson, leader; Arthur 8. Whi comb, second leader. i “Symphony No. 13 in G Major". .Haydn Adagio, allegro. Largo. Menuetto, allegretto. Finale, Allegro con spirito. “Concerto in A ..Goltermann Cantilena, andante. Allegro moderato. Musician John Auer. “Song of the Volga Boatmen,” Paraphrased by Stoessel A choral-symphonic paraphrase of an old Russian folk son Overture and Bacchanale, hauser” .. Marines' hymn, zuma.” “The Star Spangled Banner.” Club to Hear Admiral Cowie. Rear Admiral T. J. Cowle, retired, ad- ministrative officer of the Liberty Loan drives during the World War, will ad- dress the Probus Club’s luncheon meet- ing tomorrow at 12:30 o'clock in the Ambassador Hotel. Dr. F. Sanderson, Dr. E. F. Sappington, Dr. H. H. Schoenfeld, Dr. F. Schreiber, Dr. H. Sebrell, Dr. E. G. Seibert, Dr. Sharp, Dr. J. P. Shearer, Dr. E. R. Shepherd, Dr. J. J. Shugrue, Dr. D. K. Shute. Dr. W. B. Sims, Dr. Ross Hall Skillern, Dr. James A. Smart, Dr Charles Smith, Dr. Chester Smith, Dr. Conrad C. Smith, Dr. E. Kirby Smith, Dr. Edgar Snowden, Dr. F. G. Speidel, Dr. H. M. Spillan, Dr. R. L. Spire, Dr W. J. Stanton. Dr. R. M. Stedman, Dr E. T. Stephenson, Dr. W. C. 8!!rltn|.| Dr. J. R. Stewart, Dr. W. R. Stokes, Dr. H. P. String, Dr. H. H. Strine, Dr. J. Duerson Stout, Dr. R. Y. Sullivan, Dr. R. Sutton, Dr. B. H. Swain. Dr. John A. Talbot, Dr. Lewis H. Tay- lor, Dr. Walter Teichman, Dr. D. P. ‘Tenhallow, Dr. Willlam Tewksburg, Dr. J. D. Thomas, Dr. L. Lawn Thompson, Dr. R. K. Thompson, Dr. T. C. Thomp- son, Dr. Albert F. Tibbetts, Dr. J. A. Tilfon, Dr. E. W. Titus, Dr. Willlam J Todd, Dr. M. L. Townsend, Dr. G. B. Trible, Dr. Morton B. Twogood. Dr. A, W. Valentine, Dr. John Van Rensselaer, Dr. George Tully Vaughan. Dr. Reginald R. Walker, Dr. Joseph Wall, Dr. H. E. Walls, Dr. Clifton Wallace, Dr. H. H, Walton, Dr. J. O. Warfleld, Dr. C. Warner, Dr. Daniel Washington, Dr. Clarence Weaver, Dr. Benjamin Weems, Dr. W. C. Weiburn, Dr. Walter Wells, Dr. C. H. Wendt, Dr. John Wharton, Dr. Oscar n, W. Williman, Dr, Prentiss Will- son, Dr. Allen S. Wolfe, Dr. J. T. Wolfe, Dr. H. C. Wooley, Dr. J. C. Wynkaop, acter. “The privilege of world-wide branch | P& “I'm afraid you're going to be a man Verde Islands, over which mail droj L g The Atlantic then will be crossed with the Graf heading for the Islands of St. Paul and Fernando Noronha. In case the passage was a comparatively good and easy one, no stop will be made at Pernambuco, but the airship will proceed directly to Rio Janeiro, Others to Board Her at Rio, At Rio, it is contemplated, some - sengers will disembark, while others will take their places for the rest of the flight, and mail will be unloaded and taken on. The stop is to be a brief one. On the northbound voyage.a stop of two or three days will be made at Pernambuco, The ship will be fastened to & mast taken there by one of the Friedrich- shafen engineers, Ernst Besch, who left for Brazil in March, carrying with him & large assortment of Zeppelin spare rts and the mooring mast. There, as at Seville, the ngers will be ac- commodated in hotels. ‘The next objective will be Havana, which Dr. Eckener expects to reach within about three days. Weather per- mitting, the passengers will be allowed to go sightseeing for a day or so. Or, if conditions are ially favorable, the Graf may give them a pleasure cruise over the West Indies and possibly Florida. ‘The flight from Havana to Lakehurst is expected to take about 24 hours. The route will be either along the coast of Florida, to the Bermudas, or else di- rectly to the Bermudas, where mail is to be dropped. After a stay of three days, the airship will point its nose eastward and head again for Seville, which, Dr. Eskener figures, should be reached in three days. i The stop at Seville will be only long { enough to change passengers and mal. and some 24 hours later the commander and crew of the Graf Zeppelin hope to 1be home again in Friedrichshafen. iBIG SUPPLY HOUSES WILL BE ATTACKED BY DORAN’S FORCES (Continued From First Page.) llegal but sets forth the protection which shall be thrown around a private dwelling, and the necessity for search warrants to raid homes. “It shall be unlawful,” tion of the lynmeld act, possess any liquor or property for the manufacture of liquor m:‘d’ for use in violating this title or which has been so used, and no y rights shall exist in any such or property, “A search warrant may issue as pro- vided in title XI of public law num- bered 24 of the sixty-fifth Congress, approved June 15, 1017, and such liquor, the containers thereof, and such property so seized shall be subject to such disposition as the court may make thereof. If it is found that such liquor or property was so unlawfully held or possessed, or had been so unlawfully used, the liquor and all property de- signed for the unlawful manufacture of liquor shall be destroyed unless the court shall otherwise order. . “No search warrant shall issue to search any private dwelling occupied as such unless it is being used for the unlawful sale of intoxicating liquor, or unless it is in part used for some busi- ness purpose, such as a store, shop, saloon, restaurant, hotel or boarding house. The term ‘private dwelling’ shall be construed to include the room or rooms used and occupied not tran- siently, but solely as a residence in an apartment house, hotel or boarding house. The property seized on any such warrant shall not be taken from the officer seizing the same on any writ of replevin or other like process.” Another Law Section Cited. In view of the “liberal” interpretation by the Supreme Court of this section of the law, attention was called by legal experts of the Government today to an- other section, No. 18 of the Volstead act, which in some respects is even more specific in naming the things which may be confiscated. “It shall be unlawful,” says this sec- tion 18, “to advertise, manufacture, sell or possess for sale any utensll, contriv- ance, machine, preparation, compound, tablet, substance, formula direction or recipe advertised, designed or intended for use in the unlawful manufacture of intoxicating liquor." “Wort” Campaign Promised. One of the products which will come under Government fire in the new cam- paign is known as “wort,” Assistant Sec- retary Lowman said. This is a product of cereals, and is made very widely in many plants throughout the country. It is a base for making beer, and nee only the application of yeast and time for fermentation to set "Wort,” according to Mr. Lowman, no other good use or purpose, except for the manufacture of illegal beer. In itself, “wort” was claimed to be a legal prod- uet, as it contains no alcohol. “The procedure which probably will be followed in general was explained by the assistant secretary in charge of prohibi- tion. Where an establishment, includ- ing either a big manufacturing plant or store, is found to be handling the con- trband articles, the Government will R.[make a raid. The illegal materials will be seized. The proprietor who has vio- lated the law by possession of illegal ma- terial will be hailed into court and prosecuted for violating the Volstead .| act, and if the court finds a bona fide case has. been made, and the law vio- lated, the property can be confiscated and destroyed and the owner found gullty and sentenced, If the manufacture and supply of Dr. J. Wynkoop, jr. Dr. W. M. Yater, Dr. Willlam G. ‘Young. Dr. Harry Zehner and Dr. A. M. Zinkham. “wort" can be stopped—and Mr. Low- man‘believes it can—the big business of “alley beer,” he thinks, will be virtually wiped out of existence.