Evening Star Newspaper, June 2, 1931, Page 5

FALL STILL HOPES - TO ESCAPE PRISON Only Two Possibilities Re- main for Former Secretary to Keep Freedom. By the Associated Press. Failing to obtain relief through the Supreme Court, Albert B. Fall today | had remaining two narrow avenues of escape from & year in prison and a $100,000 fine. ‘The Intcrior Secretary in President Harding’s cabinet was refused a review by the highest tribunal yesterday of his conviction of accepting a $100,000 bribe from Edward L. Doheny, wealthy oil man, in leasing Government oil lands. If Fall receives a Fresldenuul pardon, he will be relieved of the entire penalty, but if that fails there remains the hope of his friends that the prison sentence will be suspended because of his age and ill-health. No Appeal Filed Yet. At the White House it was said no appeal on behalf of Fall had been re- ceived and if one were madce, it would follow the usual course and be sent to the Justice Department for recommend- ations. Fall's friends found little comfort in that, but the recommendation of the trial judge at the time of his conviction led them to believe his chances for a suspension of the sentence good. Justice Hitz, the trial judge, said then if Fall were to come before him for commitment the jail sentence would not be imposed because of Fall's physi- cal condition. Few legal formalities remain before the question is settled. The Supreme Court today notified the District of Columbia Court of Appeals that it would not review the case. The Appeals Court recently affirmed his con- viction. Its order that the sentence be executed was expected to be sent to the District of Columbia Supreme Court tomorrow or Thursday. Will Not Ask Clemency. ‘There the matter will rest until Atlee Pomerene, special prosecutor for the Government in the oil scandals, appears before a District Supreme Court judge and asks for a warrant of commitment. Pomerene said last night in Cleveland he would not recommend clemency for Fall. Unless the President intervenes, the question of the jail sentence will be settled then. If Fall loses, he will come to Washington and begin his sentence in the District of Columbia Jail. If he wins, he probably will re- main at his ranch at Three Rivers, N. Mex. Chief Justice Hughes, one of the Supreme Court judges who passed on Fall's plea for a review, once served in Lheoet:lblneb with him as Secretary of Sta Another justice, Owen J. Roberts, probably owes his position on the bench to the skill he displayed in aid- ing Pomerene in prosecuting Fall, Do- heny and Harry F. Sinclair. FALL'S FAMILY SHOCKED. Daughter Faints, but Former Secretary Calm When Told of Court Action. EL PASO, Tex., June 2 (P).—A daughter of Albert B. Fall, former Secretary of the Interior, fainted yes- terday when told the Supreme Court had refused t> review the case in which her father was convicted of accepting a bribe. Fall received the news calmly. Other members of the family, includ- ing Mrs, Fall, were greatly affected. Mrs. Fall met the newspaper men's announcement with the statement: “They are trying to kill us all. But | they won't kill me. They are trying to persecute decent people.” Just then Mrs. C. C. Chase, a daugh- ter, entered the room. Told of the court’s action, she fell unconscious on the floor. Mrs. Fall and Mrs. Jouett Elliott, another daughter, worked to re- vive her while a physiclan was sum- moned. Mr. Fall came to his El Paso home Tecently from his ranch at Three Riv- ers, N. Mex., to consult physicians and attorneys. Several days ago he ex- pressed hope the Supreme Court would grant a review of his case and said if {fiqdid he would be acquitted at another al. “I have had so many shocks where I expected none that I was prepared for anything,” he said today. Fall has stated several times he is unable to pay the fine of $100.000 as- sessed by the trial court and could “only go" if ordered to prison. DOUMERGUE .AND BRIDE POSTPONE HONEYMOON Retiring President of France Stays in Palace Alone Until June 13. By the Associated Press. PARIS, June 2.—President Gaston Doumergue, married yesterday after decades of bachelorhood, will postpone his honeymoon until the end of his term, on June 13. An official announcement said he would remain alne in the Elysee Palace until he is relieved by President-elect Paul Doumer, and Mme. Doumergue would go to his villa at Tournefeuille, near Toulouse. American Ambassador Walter E. Edge and Mrs. Edge called at the palace to- day and left their cards. BAND CONCERTS. By the United States Marine Band this evening in Montrose Park at 7:30 o'clock, Taylor Branson, leader; Ar- }hur Witcomb, second leader, conduct- ng. March, “The Pilgrim”.. ..Lake . Balfe “Spring Zephyrs". . Vassella Victor Herbert's Favor- Lake Ke'elbey Komzak ogan Intermezzo, Selection, ., “Maids of Bade “Grand Military Tattoo “The Star Spangled Banner.” By the United States Navy Band this evening at the Sylvan Theater, Monu- ment Grounds, at 7:30 o'clock. Charles Benter, leader; Charles Wise, second leader. March, “The Gladiator's Farewell,” Blankenburg Overture, “In Bohemia”. Radl Cornet_solo, Tpts from the musical com “The Three Musketeers”. Sul’e, “Scenes A]szclenn?’sl'.;" Gems from “Follow Through,” De Sylvia Rhapsodie dance, “The Bamboula,” Coleridge-Taylor ‘Waltz, “Loveland”. March, “ “The Star Spangled Banner.” By the United States Soldiers’ Home Military Band this evening at_the bandstand at 5:30 o'clock. John Zim- mermann, bandmaster; Anton Point- mer, assistant. March, “Adjutant King”........Reeve Hungarian ~ overture, “Csokenay,” Heler-Bela Suite romantic, “From the South” Nicode “Legend From La Provence,” “Moorish Dance,” “In the Tav- ern.” Excerpts from musical “Good News” Oriental patrol, “ Waltz de concert, “Flowers of Au- tumn” ssseeiens Strauss ., “You Don't Know What Spangled Actress to Wed HORACE HOUGH IS FIANCE. DOROTHY MACKAILL. HOLLYWOOD, Calif., June 2 (#).— ‘There is another romance afo-t involv- ing Dorothy Mackaill, film actress. She announced yesterday she was en- gaged to Horace Hough, an actor, and Hough said they would marry “as soon as I can get money enough.” | Miss Mackaill was preparing to leave on ancther voyage to Honolulu. Sev- eral reports that she was engaged or about to be married developed while she was in the Hawallan city recently. BULT IN SLAYING DENIED BY CLARK Candidate for Judge Tells Voters He Is Innocent at Los Angeles. By the Assoclated Press. LOS ANGELES, June 2.—While citi- zens voted on his candidacy for munici- pal judge, David H. Clark today sought the dismissal of charges that he mur- dered Charles Crawford, political boss, and Herbert Spencer, magazine editor. Clark's appeal to voters was simply “I am innocent.” In making it the former deputy district attorney broke a long silence which followed his sur- render 36 hours after Crawford and Spencer were shot to death in Craw- ford’s Hollywood office May 20. Plan Dismissal Move. Defense attorneys, in moving for dis- missal of the charg:s at Clark's pre- liminary hearing, announced that if he was held for trial they would ask his relezse_on bail on the ground that the State had a “weak case.” They said they would offer no defense witnesses. Special Prosecutor Joseph Ford con- cluded presentation of evidence late yesterday. Two Witnesses identified Clark as the man seen at Crawford's office immedi- ately before or after the shooting. Connected With Murder. George Crawford, bodyguard for Charles, his brother, said he saw Clark | enter the office before the shots were fired. William E. French, radio man, testified he heard two shots “and then another sound whizy may have been the backfire of an automobile,” after which Clark ran from the building. DEATH ON WALK LAID T0 TUMBLE OR BLOW Inquest Into Peter Doyle Case Casts Doubt on Hit-and-Run Auto Accident Theory. Peter Doyle, 50 years old, found fatally injured last Thursday on the sidewalk in front of 107 Four-and-a- half street southwest, died as the result of a fall or a blow struck by a person cr persons unknown, a coroner’s jury decided yesterday. Doyle, whose body was not identified until several days after it had been taken to the District Morgue, was suf- fering from a fractured skull, a bruised chest and other injuries when he was found. He died a short time later at Gallinger Hospital. Although fourth precinct police gave some consideration to the possibility that Doyle may have been the victim of a hit-and-run autoist, they consid- ered it more likely that he had been beaten into unconscicusness by a robber. At the inquest, however, witnesses testi- fled that Doyle was a heavy drinker and this gave rise to the theory he received his injuries in a fall. Doyle's body was identified by Paul Distl of 226 Seventh street southeast, who said he had known the man only a short time. DISORDERS ARE FEARED IN PHILIPPINE ELECTION Tension Exists Throughout Islands Following Outbreaks Report- ed Yesterday. By the Assoclated Press. MANILA, June 2.—Tension author- ities feared might lead to disorders pre- vailed today in many sections of the Philippine Islands as Filipinos voted in a general election. ‘The constabulary and peace officers throughout the archipelago were warn- ed to be on the alert to prevent dis- turbances. Several pre-election clashes occurred yesterday. A fist fight yesterday on the streets of Sorsogo® between 600 Nationalistas and Democratas left two of the latter slightly injured. An alleged intoxicated policeman shot and seriously wounded a man at Mabal- acat, Pampanga Province. EX-CONGREéSMAN DIES William L. Carss, Minnesota La- borite, Dead at 66. i DULUTH, June 2 (#)—Willlam L. Carss, 66, for six years Farmer-Labor Representative from the eighth Minne- sota district, died at his home Sunday ight. pi-xe first was elected to Congress in 1918, and after being defeated in 1920 and 1922, was elected in 1924 and in 1926, but was defeated in 1928 and 230 by Representative Willilam A. Pit- Subscribe Today It costs cnly about 1% cents per day and 5 cents Sundays to have Washington's best newspa- per delivered to you regularly every evening and Sunday morn- ing. Telephone National 5000 and the delivery will start immedi- ately. The Route Agent will col- lect at the end of each month. THE EVENING STAR, WASHINGTON, D. C, TUESDAY, JUNE 2, 1931. COURT LIBERALISM AGAIN' DISPLAYED Freedom of Press More Deeply Entrenched by Su- preme Bench Decision. BY MARK SULLIVAN. ‘The Supréme Court yesterday in its final decision ending the werk of the year, dealt with a case involving free- dom of the press. As on several recent cases involving principles classified very roughly as “liberal” and “conserv- ative,” the liberals on the court pre- valled, with five giving the majority opinion, while the conservative four dis- sented. That the case, and the cleavage upon it, was regards as impertant, was evident in several ways. The mere fact that it was the last case decided gave it a certain amount of dramatic weight. Six cases in all were decided during the day. Justice Brandels announced decisions on two technical cases involv- ing the Interstate Commerce Commis- slon. Justice Vandevanter, with similar | routine perfunctoriness, made brief an- nouncement of decision in a group of cases involving the efforts of divers persons, institutions and lawyers to get hold of slices of upward of a million dollars which accrued to a feeble-mind- ed Indian named Barnett, thrcugh Oklahoma ofl royalties. All the five cases involving no disputed principles were decided by the entire nine judges without dissent. Hughes Reads Opinion. ‘Then Chief Justice Hughes drew his chair forward and proceeded to read in his vigorous voice a majority decision in the case involving freedom of the press. It was one sign of the important and controversial character of the case that the Chief Justice read the entire opinion. The usual practice of the court in ordinary cases is to give a very brief oral summary of the decision, while the printed decision is merely filed for record. Similarly, when Chief Justice Hughes had concluded reading the majority opinion, Justice Pierce Butler read with a vigor equal to Mr. Hughes,’ the complete text of his own dissent, tcgether with Justices Suther- land, Vancevanter and McReynolds. The case was described thrcughout and will stand in constitutional his- tory as one involving freedom of the press. Justice Hughes made it the oc- casion for going deep into what he called the ‘“historical conception of liberty of the press.” Probably, hcw- ever, most newspapers and most new paper men, while grateful for protec- tion of their historic guarantee, would have preferred that the particular case should have involved a more typical example of the press. “Press” Not Representative. The “Saturday Press” of Minne- apolis, according to evidence read, was not a newspaper in the sense in which the public understands the word. It was a casual theet which, according to evidence in the case, “regularly and customarily” made a business of pub- lishing “scandalou: malicious and defamatory matter. Minneapolis appears to have suffer- ed from a plague of similar sheets. The Legislature of Minnesota enacted a statute which in effect browght such sheets within the provisions of the usual type of law against nuisances. Under the new law, the Saturday Press was judicially declared to be a nuisance and further publication of it was enjoined. The publisher appealed through several steps to the Supreme Court of the United States. Justice Hughes, and 'the four other justices making up the majority, in holding the Minnesota statute to be a violation of the Federal Ccnstitution, laid particular emphasis on the fact that the operation of the statute has the effect of “previous restraint of future publications.” That phrase or its equivalent appeared perhaps a score of times in Justice Hughes' opinicn, Butler Reads Dissent. Justice Butler, reading the opinion of the dissenting four, said in effect that “previous restraint of future pub- lication” would be unconstitutional if dictated by a mere administrative offi- | cial of the State. He strongly argued, however, that Injunction against co tinuance cf publication is not uncon- stitutional when, as in this case it comes about through judicial process after a court has duly declared past issues of the same publication to be a common nuisance. Aside from this “freedom of the press” case, there was an extremely im- portant aspect of Monday's session of | the Supreme Court. With the handing down of Monday's decisions, the court is absolutely up to date with its work. Literally every case that has been ar- gued before the court has been decided by it. That is an extraordinary condi- tion. Further than that, every case has been argued in which the attorneys are ready for argument. Even as respects cases not yet argued, there is no case now on the docket of the Suprem= Court which arrived on the docket previous to last March. It is doubtful if the same could be said of any other court in the country. If there are exceptions, prob- ably one example of similar industry and expedition would be the Court of Appeals of New York State. Supreme Court Expeditious. Up to a few years ago it was no un- common thing for cases to remain be- fors the Supreme Court for as long as two years. It is still no unusual thing as respects most State courts. The Su- preme Court is absolutely guiltless of the condition epitomized in the phrase “the law's delays.” Carrying a case to 'HUGHES' AND ROBERTS’ OPINIONS SHIFT SUPREME COURT LINE-UP Chi ef Justice Aligned With Liberals in Press, Chain Store, Red Flag and Naturalization Cases. By the Associated Press. Members of the old Supreme Court majority, target of many a bitter Senate assault, found themselves a dissenting minority in several outstanding cases of the session just closed through the positions taken by Chief Justice Hughes and Associate Justice Roberts. ‘When the late Chief Justice Taft and Sanford were members of the bench, the phrase “Holmes, Brandels and Stone dissenting” became famous in the annals of the Nation’s highest tribunal. Now, however, these three often are included in the majority, while Justices Vandevanter, Sutherland, McReynolds and Butler generally render dissenting opinions. Opinions Watched. In the determined Senate battle which preceded his confirmation Hughes was denounced by his foes as the “personification of the spirit of big business,” and as one who favored “the exaltation of property rights above all rights.” The opinions of the new Chief Justice were scrutinized from the start. It was not until recently, however, that the trend became clearly defined, notably in the cases of the Indian chain store tax, the Minnesota press suppression statute, the California red flag law and the Maclntosh-Bland naturalization cases. In the first two of these a five-four decision _ruled, with Hughes, Roberts, Stone, Brandies and Holmes forming the majority. In the third the dis- senters were Justices McReynolds and Butler. In the naturalization cases, Justice Roberts sided with the old majority, and its view prevailed by another five-four decision. Holmes Drafts Opinion. The Indiana case presented the issue of a special tax on chain stores not applied to other merchants. The new alignment upheld it. The red flag law, which prohibited the display of any emblem in Cali- fornia as a symbol cf opposition to organized government, stimulous to anarchistic action or as an aid to propaganda of a seditious nature, was set aside. Chief Justice Hughes pre- pared the opinion, asserting that “the maintenance of an opportunity for free pclitical discussion to the end that Government may be responsive to the will of the people * * * is a funda- mental principle of our constitutional system.” The Minnesota law gave the courts power to suppress publications of a malicious, scandalous or defamatcry character. Again Chief Justice Hughes prepared the majority opinion, setting the law aside. He took a broad view of the “freedom of the press” and said the libel laws provided a remedy for those attacked by such periodicals. In the naturalization cases, two Ca- nadians seeking citizenship, refused to take an unqualfied oath to support the United States by bearing arms in any war in which the Nation might be- come involved. Naturalization was denied by the court, but Chief Justice Hughes, again siding with Holmes, Brandeis and Stone, prepared and read the dissenting opinion. Minnesota Press Case. The Minnesota case, though involving an obscure publication, the Saturday Press, a Minneapolis weekly publication, had attracted wide attention as one considered likely to lead to further limitation upon the press, if the law should be upheld. The appeal had been carried to the highest court by an financed the appeal of J. M. Mear, chief proprietor of the Saturday Press. The case, which the Supreme Court decided finally was prosecuted in the first instance by Floyd B. Olson, who was at the time prosecuting attorney of Hennepin County (Minneapolis) and is at present in office as Minnesota's first Farmer-Labor Governor. In his in- augural message on February 4 of this year he urged repeal of the law as be- ing “unwise.” On February 4, by 68 votes to 58, the House of Representa- tives at St. Paul voted for repeal. Suggestive of the importance of the case, both the majority opinion, by the Chief Justice, and the minority opin- jon, by Justice Butler, were read in their entirety from the bench. Cus- tomarily a brief oral summary of the majority opinion and any dissenting opinion is considered sufficient. Need of Vigilant Press Stressed. courageous press, especially in great cities, had been emphasized,” the ma- jority opinion held, “by the fact that administration of government has be- come more complex, the opportunities of malfeasance and corruption have multiplied, crime has grown to its most dangerous proportions, and the danger of its protection by unfaithful officials and of the impairment of the funda- mental security of life and property by criminal alliances and official neglect. “The fact that the liberty of the press may be abused by miscreant purveyors of scandal does not make any less nec- essary the immunity of the press from previous restraint in dealing with offi- cial misconduct. Subsequent punish- ment for such abuses as may exist is the appropriate remedy, consistent with constitutional privilege.” Press to Be Free. Chief Justice Hughes held that pub- lishers were liable for what was printed, but on the other hand freedom of the press meant that the press was to be unrestrained and not censored in time of peace. On the other hand, Justice Butler, the Supreme Court was once a defeated litigant’s device for postponing justice, or a convicted criminal’s means of de- ferring the time when he must serve his sentence. It is so no longer. The pres- ent cleanness of the docket of the Su- preme Court ends what Chief Justice Hughes, speaking of courts gendrally once called a “deserved reproach.” Credit for what has been done by the Supreme Court is due largely, of course. el industry and vitality of the justices. It is due in part to legislation by Con- gress which took away some of the auto- matic right previously possessed by some classes of litigant to carry their cases before the Supreme Court. (Copyright, 1931.) How’s the Roof Standing These Heavy Rains? {|Better let us make a thorough examina- tion, and put the roof in good condition be- fore small leaks have a chance to become serious. fiColbert roofers have a reputation for su- perior work, and its lived up to with con- sistency. Maurice J. Colbert Co, PLUMBING, = HEATING, G 1908 M St. n.w.—Tel. NO. 0402-3-4 8] g for the minority, said it was alf”;rkéu:t lmronance to the state to be free to employ appropriate measures to prevent abuse of the principle of a free press. According to Justice Butler, the record showed the derendent’s business was_the publi of defamatory ar- ACACIA We Invite Your Application for a Real Estate Loan LOW INTEREST RATES COMMISSIONS REASONABLE COURTEOUS SERVICE Monthly Payments If Desired | ASSETS MORE THAN $40,000,000 Prompt Action om Applications Investment Department ACACIA MUTUAL LIFE ASSOCIATION Wm. Montgomery, President “ 101 Indians Avenue ‘Washington, D. C. organization of newspaper men Wwho | “The primary need of a vigilant and | | existence, does not depend, as that ticles concerning public officers, leading newspapers in the city, many private persons and the Jewish race. Constitutionality of the Minnesota law was assailed in the courts by Near, who contended that the law violated not only the State constitution but also the fourteenth amendment of the Constitution of the United States. A District Court of the State held that Near was in error and the Supreme Court of the State affirmed the Dis- trict Court. Repeal of Law Sought. The law has been a center of con- troversy in Minnesota. ~Although its repeal was recommended by the Gov- ;;noor. it still remains on the statute ks. The statute of Minnesota, known sometimes as “gag"” law, pro- vided for the abatement as a public nuisance of a “malicious, scandalous Sther periodical It provided That any other lcal.” person in the business of publishing such a periodical was guilty of a nui- sance and that publication might be enjoined. . In the action brought to suppress the Saturday Press it was charged that it published, scandalous and de- famatory_ articles concerriing certain public officials. These included Mayor George E. Leach of Minneapolis and Chief of Police Frank W. Brunskill. The publication in articles charged the chief of police with nnlawful relations with gangsters and grafting. It was alleged that the county attorney knew of existing conditions, but failed to take action against them. Mayor Leach was attacked for inefficiency and dereliction of duty. A member of the grand jury was said to be in sympathy with the gangsters. These were but a part of the scathing attacks made on officials and on conditions in Minneapolis by the Saturday Press. Hughes Reads Opinion. In the majority opinion, Chief Jus- tice Hughes said, in part: “The fact that for wrroxtmluly 150 years there has been almost an entire absence of attempts to impose previous restraints upon publications relating to the malfeasance of public officers is sig- nificant of the deep-seated conviction that such restraints would violate con- stitutional right. Public officers, whose character and conduct remain open to debate and free discussion in the press, find their remedies for false accusations in actions under libel laws, providing for redress and punishment, and not in proceedings to restrain the fluhliullun of newspapers and perjodicals. “The general principle that the con- stitutional guaranty of the liberty of the press gives immunity from previous restraints has been approved in many decisions under the provisions of State constitutions. “The importance of this immunity has not lessened. While reckless as- saults upon public men, and efforts to bring obloquy upon thos> who are en- deavoring faithfully to discharge official dutles, exert a baleful influence and deserve the severest condemnation in public opinion, it cannot be said that this abus: is greater, and it is believed to be less, than that which characterized the period in which our institutions took shape. Cites Constitutional Barrier. “The recognition of authority to im- pose previous restraint upon publica- tion in order to protect the community against the circulation of charges of | misconduct, and especially official mis- conduct necessarily would carry with it the admission of the authority of the censor against which the constitutional barrier was erected. The preliminary freedom, by virtus of the very reason of court has said, on proof of truth. “Usually unavailing is the insistence | that the statute is designed to prevent | circulation of scandal which tends | to disturb the public peace and pro- | mote assaults and commissions of | crimes. Charges of reprehensible con- | duct, and in particular of official mal- feasance, unquestionably create a pub- lic scandal, but the thcory of the con- stitutional guaranty is that even a more serious public evil would be caused by authority to prevent publication. * * * There is nothing new in the fact that charges of reprehensible conduct may create resentment and the disposition to resort to violent means of redress, but this well understoed tend¢ncy did not | alter the determination to protect the press against censorship and restraint upon publication.” Law Called Unconstitutional. ‘The court held the law, “so far as| it authorized 1injunction proceedings against publication of a malicious, scandalous and defamatory newspaper, magazine or other periodical,” to in- fringe the liberty of the press guaran- teed by the fourteenth amendment. “We should add,” said the opinion in conclusion, “that this decision rests upon the operation and effect of the *The Good Old Forget!” “Lest We By statute, without to the ques- tion of the truth of the charges con- in the particular 'l'l: that the public named and those associated with cannot affect it ice fact this 0t restraint lissenting opinion, Justi Butler mlnud out that “the act was the exertion of the State’s of Pollee and this court is by well established rule required to as- sume, until the is clearly to appear, that there exists in Minnesota a state of affairs that 1%1‘; fles this measure for the preserva ost"gnmundlwdwdero!m “The Minnesota statute does not op- erate as a previous restraint upon publication within a meaning of that phrase. 1t does not authorize , peace and good order. gemon of the power of t nounce such transgres- sions. - “The doctrine,” he said, “that meas- ures such as the one before us are invalid because they operate as previous restraints to infringe freedom of press, exposes the peace and good order of every community and the business private affairs of every individual to the constant and protracted false and malicious assaults of any insolvent publisher who may have purpose and sufficient capacity to contrive and put into effect a scheme or program oppression, blackmail or extortion.” o “FAMILY CAR” LAW UPHELD BY COURT Refuses to Place Liability for Accident of Third Person on Owner. for ‘The District Court of Appeals, in an opinion by Justice Josiah A. Van Orsdel, yesterday refused to extend the pro- visions of the “family car” doctrine to fix liability on an owner for injuries in- flicted when the car was used by member of the family but actually be- ing driven by a third party at the time of the accident. ‘The court sustained the verdict of a Jjury in the lower court which had found in favor of Mrs. Agnes Burch, who had been sued for injuries after Ralph S. ‘Turoff was struck by the car. Justice Charles H. Robb flled a dis- senting opinion, in which he pointed out that more than 32,000 persons were killed during the past year and several hundred thousands injured by auto- mobiles. “The suggestion,” said Justice Robb, “that it would be a harsh rule to hold the parent under such cricumstances is, in my view, without merit and entirely overlooks the demands of public policy. If a parent finds that a member of the family is unwilling to obey instructions to permit no one not a member of the family to drive the car, the remedy is simple—withdraw permission to drive from that member of the family. “Innocent third parties should not be permitted to suffer injuries because of the willfulness of a member of a family. It is all very well to suggest that the injured 'glny woyld have recourse against the person permitted to drive the car, but it is common knowledge that in many instances such person is financially irresponsible.” ‘The majority opinion reviewed a num- ;er of cases on both sides of the ques- on, Four Die in ;l‘nin Crash. CALCUTTA, India, June 2 (#).— Four persons were killed today when the engine and three coaches of the Rangoon-Mandalay mail train were de- railed and overturned. Radicals were believed resporsible. UTLER-FLYN P-A-I-N-T-S 607-609 C St. wire of all the screens in a 7- room house. Does not . ™" Summertxme Yea, Bo—it's with withering sun and wilting col- lars. Keep your disposition sweet by keeping your body cool. us— Linen Suits Cool as a cucumber. $1 5.00 520 .00 Worsteds 525.00 Light as a feather. SPRING SUITS—; at Clearance Prices $30 Spring Suits, $19 (Extra Pants, $4) $35 & $40 Spring o SO (Extra Pants, $5) $45 & $50 Spring (Extra Pants, $6) Nurotex Suits Smart as Silk. Tropical G Buy 'Em on the Kaufman Budget Plan HOME OF SMITH SMART ] 1744 PENNA. AVR. R & 3 EDITORS HAIL “GAG” LAW SUPPRESSION Supreme Court Decision Min- nesota Press Regulation Not Valid, Wins Approval. By the Assoclated Press. ATLANTA, June 2.—Leaders among editors here for the annual convention of the National Editorial Association ex- pressed gratification upon learning of h&: me‘l:m',::!wcourmeclflon yesterday inne: newspaper suj pression law unconstitutional. o “When restriction is started there is always danger that it may develop into lfi" said George B. Dolliver of Battle Creek, Mich., president of the associa- tion. He said, however, that “newspapers of the country are satisfled with the {:gleflvmn(mepreuumeynowh:ve H. C. Hotaling of St. Paul, Minn.., executive secretary of the association, xpressed approval of the decision. He added that ‘some Minnesota editors feel that regulation of “certain types of “bllufiom would not be undesirable,” t believed that regulation could be accomplished through statutes other than the one declared unconstitutional. The convention turned today to broad national problems. The first business on today's program was an address by E. F. Flynn of St. Paul, Minn., assistant to the general counsel of the Great Northern Railway, on “Governmental Encroachment in Business.” Presenta- tion of the report of the legislative committee by John C. Brimblecom of Newton, Mass., was next in order. | Cranston Williams or Chattanooga, ‘enn., secretary-manager of the South- ern Newspaper Publishers’ Association, had prepared a discussion on “Perplex- ing Problems Affecting the Press.” —_— TAX CAMPAIGN STARTS v A8 " o APPELLATE COURT REVERSES D. C. BODY - Sustains Trustees Under Will of James McDonald in Distri- bution of Estate. The Fulton Trust Co., of New Yark and Joseph S. Graydon, trustees under the will of James McDonald, repre- sentative of the Standard Oil Co., were sustained yesterday by the Court of Appeals in their refusal pay the income from the shares two grandchildren directly to them fore they reach the age of court reversed a decision of ated income or allowance until he reached 30, when he would receive $20,000 annually until the division of the estate. It was further provided that the son should receive an addi- tional allowance for each of the two grandchildren and when the eldest reached 30 the estate was to be di- vided, one-half to the father and one- half to the two children. James McDonald, 3d, and Robert A. McDonald, the grandchildren, through their guardian claimed a vested interest in the estate although the elder is only 8. They sought to have the paid to them directly, and court agreed with them. The 15,703 doctors undertaking na- tional health insurance work in England received $22,500,000 from the English government last ye: BETTER RADIO RECEPTION «..for Apartments The RCA Antenaplex System is designed to provide the mostsatis- factory antenna and ground con- nections for any number of radio receivers. New York Landlords Want Ten- ants to Understand City Costs. 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