Evening Star Newspaper, August 4, 1935, Page 5

HTONPRONISED NLYNCHNGEASE California Officials Move to Arrest Members of Mob at Yreka. By the Associated Press. YREKA, Calif, August 3.—The teign of lynch law here early today —when a mob hung the accused slayer of Dunsmuir Police Chief F. R, Daw— brought quick promises of action- by authorities tonight against the lynch- ers. District Attorney James Davis and sherif’s deputies planned immediate steps to identify and prosecute the mob members, who seized Clyde L. Johnson, 24, from his jail cell and hanged him to a pine tree three miles outside this Siskiyou Mountain town. “I will start an immediate investi- gation,” Davis said, “and do every- thing the law requires to apprehend members of the mob.” Undersheriff W. J. Neilon, who said none of the masked lynchers had been identified, declared his office would attempt this task and furnish all evidence possible to the grand Jury. Authotities turned attention to Dunsmuir, 49 miles south of here, in their search for the lynchers as A. L. Wirin, American Civil Liberties Union official in Los Angeles, demanded “im- mediate and aggressive action” from State’s Attorney General U. S. Webb. In San Francisco, however, Webb said he would not enter the case un- less “constituted authorities” fail in performance of their duties. Owen Kessell, State criminal iden- tification expert, announced in Sacra- mento that the bullet which killed Chief Daw came from & gun found in Johnson’s possession after he was arrested last Monday, following Daw’s death and the wounding of a traffic officer. Johnson had protested his innocence in the slaying of the police chief. He blamed Albert Miller, 30, for whom a widespread search was under way tonight. At Sacramento, Gov. Frank F. Mer- riam characterized the crime as “a blot upon the fair name of Califor- nia.” He said new State laws empower the attorney general to take over prosecu- tion of those involved. It was for safekeeping that John- son, confessed robber, was moved to the jail here from Dunsmuir, where he was captured after Daw was slain while questioning two robber suspects Monday. The mob drove up to the county Jail here about 1:30 am, seized a passerby who might have spread the alarm, and converged on the jail. Deputy Sheriff Martin Lange was threatened with pistols, bound hand and foot and carried out into the rugged country when he refused to! give up his jail keys. Other members of the masked mob battered down doors and found the | keys to Johnson’s cell. Dunsmuir authorities said Johnson admitted he was one of two men in- volved in a minor robbery early Mon-, day, and was halted by Daw and Traffic Officer George Malone, but in- | sisted Miller fired on Daw and Mi-‘ lone during the questioning. The lynching, forty-first in recorded | California history, apparently was the result of a well-conceived plan. The; mob members face one to 20 years’ imprisonment if convicted under a re- cently enacted State law. Cartoon (Continued From First Page.) city, but expected to return within a Tew days. Saito Is Silent. NEW CANAAN, Conn., August 3 () —Hirosi Saito, Japanese Am- bassador, tonight said he had “noth- ing to say” concerning a caricature of the Japanese Emperor in Vanity Fair. Reached at his Summer home here, the Ambassador announced he was going to Washington tomorrow, where some statement probably will be made. Innocent Stuff, Says Editor. NEW YORK, August 3 (#).—Frank Crowninshield, editor of Vanity Fair, in the current issue of which appears & caricature of the Japanese Emperor, said tonight the drawing was intended to be “perfectly good natured.” “It is innocent sort of stuff,” Crown- inshield said. “Some of our best known Americans appear on the same page. “I doubt very much if there will be & protest. It is a case of becoming excited about nothing.” ‘The caricature of the Emperor ap- pears on a page of drawings by Wil- liam Gropper, and shows companion caricatures of Admiral Byrd, J. P. Morgan, Senator Huey Long and Wil- liam Randolph Hearst. The page is entitled, “Not On Your ‘Tintype,” “Five Highly Unlikely His- torical Situations by One Who is Sick § of the Same Old Headlines.” The Emperor is pictured carting away the Nobel peace prize, Morgan on a soap box denouncing capitalism, Hearst as Ambassador tp Soviet Rus- sia, Senator Long in a monastery and Admiral Byrd in furs “wintering” in Tahiti. Husband Believed Gang Victim, Wife Is Given Divorce Judge Grants “Enoch Arden” Decree to Binghamtor. W oman. By the Associated Press. BINGHAMTON, N. Y., August 3.— An “Enoch Arden” decree of divorce was granted here today by Supreme Court Justice Ely W. Personius to Mrs. Cecile D. Hastings of Binghamton, who believes that her husband was imurdered by gangsters in a New York | City bootleg fued. The decree will become effective November 2. She married Joseph Hastings, a na- tive of Tulss, Okla., at Montrose, Pa., in 1927, she told the court. Shortly afterwards they moved to Bingham- ton and hey husband engaged in ug. {in the convention. Lynched SLAYING SUSPECT TAKEN FROM JAIL BY MOB. Copyright, A. P. Wirephoto. C. L. JOHNSON, Accused of fatally wounding Police Chief F. R. Daw of Dunsmuir, Callf., was dragged from the jail at Yreka, Calif, by a mob snd then lynched. Roosevelt (Continued From First Page.) Huey Long followers for failing to go _far enough to the left. wold of their close friends, both are uneasy about their renomination prospects in the primaries next Spring. Senator Long, in his determination to be free to fight their renomination. has changea the Louisiana statute to move up his own State primaries to January, 1936. Once his own renomi- nation is out of the way, he will move into the nearby States of Arkansas snd Mississippl. On the floor of the Senate, he has announced his deter- mination to get the scalps of Senators Robinson and Harrison. His conten- fion that he brought about the re- romination of Senator, Hattie Cara- way in Arkansas in‘'193¢ is un- disputed. The challenge is to President Roose- velt as well as to the two Senators. Should the most conspicuous Demo- cratic radical in Congress succeed in “winging” the foremost two adminis- tration leaders in the Senate in the Spring primaries, it would complicate M:. Roosevelt's course in the Demo- cration National Convention in late June or early July. The President has not only to be renominated, it is pointed out, but also to put through a platform in support of the New Deal without provoking a demoralizing split Orthodox Demo- On the GPTAC LVERS N B A S Three Members of Firm Here Authors of Book Attacking A. A. A. BY BLAIR BOLLES. Three Washington lawyers will take lesding parts in the Lillion-dollar drama entitled “Are Processing Taxes Constitutional?” which rrobably will open before the Supreme Court in October. ‘They are Kingman Brewster, James 8. Y. Ivins and Percy W, Fhillips, who conducted the appeal in the Hoosac Mills case which led to the Circuit Court’s granting an injunction re- straining collection of the taxes from the receivers of the Hoosac Mills. This case, the fourth processing tax suit they have conducted, is the fa- vorite for choice as the test of the A. A. A’s validity. The lawyers have written a book on the subject of processing taxes. The 241-page vol- ume, called “Taxation Under the A. A. A" considers the agricultural ad- justment act- from che standpoint of its history, its constitutionality and its administration, and smong other things concludes that “It would seem that if the Agricultural--Adjustment Administration act can be justified as a regulation of interstate commerce, { then there is no limit to the power of Congress to interfere in purely local matters. “If the agricultural adjustment act can be found to lie on the constitu- tional side, it is difficult to imagine any degree of delegation that could not be validly accomplished by the use of forms and phrases similar to those found herein.” Four bases on which unconstitu- tionality of the processing tax can be| argued are set forth: 1. The taxes, or exactions, are not ! for public purposes. i 2. The law constitutes regulation of business not charged with a pub- lic use. 3. It represents usurpation of powers reserved to the States by the tenth amendment, which puts under control of the States all authority not spe- cifically granted the national Gov- ernment. 4. It constitutes an imporper dele- gation of authority by Congress to & branch of the Executive. Challenges of Tax. These challenges of the processing tax the three lawyers apply to the Bankhead cotton control act, the Kerr tobacco control act and the A. A. A. flour tax, with other specific objec- tions for each of these items. For i instance, the conclusion they reach re- garding the Kerr bill, which imposes & penalty tax for tobacco grown in excess of the quota set by the Secre- tary of Agriculture, is this: “The tobacco control taxes will crats would be more likely to resist, it is assumed, in the light of Demo- cratic repudiation of two leading Senators, whatever the underlying causes. ‘Would Set Precedents. The tentative plan, if carried out, would make Mr. Roosevelt the first Democratic President to open his re- election campaign in the traditionally Democratic South. Viewed from an- other angle, it would make him the first Democratic President to see fit to go to the aid of two Southern Democratic Senators facing hard fights because of their support of a Democratic administration. The tentative itinerary would take the President through 15 States on a trip having all the elements of a campaign opening. The object, os- tensibly, is to take the President to the San Diego Exposition and thence con a sea trip for fishing and relaxa- tion. In whatever pubMc commit- ments there have been with respect to the trip, the White House has re- sisted political implications, just as it resisted political interpretations con- cerning the President’s clearly polit- ical overland return trip from Hawaii last Summer. It was a year ago today that he landed at Portland, Oreg., 1rom Honolulu. Having on that trip put in a good word for Senator La Follette, progres- sive candidate for re-election in Wis- consin, Mr. Roosevelt, it was pointed out yesterday, could hardly do less for his loyal Senate leader, who, as such, frequently has had to subordi- nate personal political convictions to steer New Deal measures through Congress. The same is felt to be true with respect to Senator Harrison, especially since the President’s disas- | sociation of himself from the recent five-day social tax drive, although announced from the White House steps, left the Mississippian “out on a Hmb Adjournment Hurried Now. It is partly with a view to expe- diting the start of the Presidept's trip that steps are under way to hurry Congress to adjournment. Although Senator Robinson doubts adjournment can be reached before August 20, if then, some of the more optimistic were disposed to feel yesterday that there is a chance to wind up in two weeks. The New Deal case is now in, complete, it was asserted, and Congress, if it is as tired as repre- sented and as anxious to get on with belated Summer vacations, has only to vote the proposals up or down. A large part of the legislation is con- centrated in conferences between probably be attacked upon the grounds that their regulatory purpose is beyond the jurisdiction of Con- gress both because the production of tobacco is not charged with a public use and because, if there be any power to regulate such production, it is reserved to the States or the people by the tenth amendment.” Sharp critieism of the method used by Secretary Wallace for setting the amount of the cotton processing tax | was made by the three lawyers in their brief on the Hoosac Mills appeal. In contending congressional dele- gation of authority to the Secretary of fixing the tax at whatever rate he thinks best is invalid, the brief com- ments: “In the case of cotton, the rate is 4.2 cents a pound, regardless of mar~ ket classifications, types or grades thereof. “The fact is that there are 481 mar- ket classifications, types or grades of cotton. “On April 23, 1934, the prices of these grades of cotton ranged from 9.15 cents per pound to 18.7C cents per pound. “It is immediately apparent that a tax rate of 4.2 cents a pound canuot apply with equal propriety to all types of cotton.” Dirt Subject to Tax. The dirt in a bale of cotton, too, is subject to the tax, James Ivins, who wrote the brief, points out, for the secretary makes no allowance for the dirt in the boll, although such — e — NO MONEY DOWN ON HOT WATER Let us install American Radi- ator Co. Heat now—pay in 36 months on Federal Housing terms. Installed complete as Senate and House. In addition to the speeches at Lit- tle Rock and possibly in Mississippi, Mr. Roosevelt is schetuled to speak to the Young Democrats in Milwau- kee on August 23 (if Congress ad- journs in time), at the Boulder Dam, and at the San Diego Exposition. Im ptu station speeches and ap- pearantes along the way will be in- terspersed. To touch the ‘points mentioned in & single swing Would take the Presi- dent from Washington to Milwaukee, to St. Louis, to Little Rock, to Texas, to Boulder Dam and to San Diego. In any event, he will avoid the North- west, since he came through there last year and passed that way on his first presidential campaign swing. (Coprright. 1935, New York Herald __rv@m—i PRCABRL o sec No Mohey Down 36 Months to Pay Delco OIL BURNER Before you buy oil heat of We will install a Delco with no payment. Pay in 36 months Federal housing tgrms. First payment September 30th. FREE ESTIMATES ANY TIME See Us About Heating Your Home AMERICAN HEATING ENGINEERING 'CO. 907 N. Y. Ave. Nat. 8421 "years, when most of the constitutional exemption is granted in the case of the tax on peanuts. The Supreme Court’s decision on the processing tax question will be a guide to how far the tribunal is will- ing in the future to depart from prece- dents established during the last 40 points raised by the industrialization of the Nation have been settled, ac- cording to Brewster, Ivins and Phil- lips. They write in their book: “The enactment of the agricultural adjustment act and other New Deal legislative acts marks a revolutionary change in political theory. The trend from the conservative to the liberal theories of Government appears in the recent decisions of the Supreme Court of the United States as clearly as in the enactments of Congress and the activities of the administration. | “If the liberalization of the Su-| preme Court is an accomplished fact, the question remains as to how far the court will go in departing from the precedents of the past 40 years. The answer to that question will be reflected in its decision on the con- stitutional points that are already in ment act, and on other points that will undoubtedly be raised in litigation of the constitutionality of the Bank- head cotton control act and the Kerr tobacco control act.” e VOTE OFFICIALS HELD — e e 118 in Chicago Arrested on Charges of 1934 Election Praud. CHICAGO, August 8 (#) —Fourteen men and two women, who served as officials at four polling places in the November 6, 1934, election were ar- rested Rere today on warrants charg- ing ti with fraud in vote tabula- tions. All were held at tre county jail in lieu of $2,500 bonds each. They will be arraigned Monday. Balliffs sought 59 ochers, whose names were withheld pending service on warrants issued in Ccunty Court | July 8. All were cited to show why | they should not be held in contempt | of court because of irregularities. e Brazilian Plants Busy. Many plants in Brazil are operat- litigation by parties aggrieved by the operations of the agricultural adjust- ing at capacity. ' SUNDAY RBTAR, WASHINGTON, D. C, AUGUST 4, 1935—PART O POLICE SEIZE PAINTING Work Held in Detroit Is Believed Missing Vienna Titian. DETROIT, August 3 (#).—Detec- tives Daniel Casey and Arthur Burrell seized an oil painting today which they said they believed was a genuine Titian which disappeared from Vienna during the Austrian revolution after the World War. Arthur Ryckman, leutenant, said there had been a “technical ar- rest” in the case, but would not say where the painting was found. Case communicated with the Aus- trian consulate in Chicago. —_— New Study Ciub to Meet. PURCELLVILLE, Va, August 3 (Special) —The first meeting of the newly organized Junior Garden and Nature Study Club will be held at “Exedra,” home of Mrs. Franklin H. Kenworthy, here Wednesday at 4 o'clock. Mrs. Nan Lippitt Hatchell of the staff of St. Hilda's Schonl -at Charlestown, W. Va., will address the meeting. MARLAND PUSHING FOR DRY OKLAHOMA Governor Paving Way for Later Vote on Repeal of State Prohibition. By the Associated Press. _OKLAHOMA CITY, August 3.— Gov. E. W. Marland, once elected to Congress on a modification platform, pressed ahead today with plans to | make Oklahoma ‘“bone dry”"—appar- ently with a view to paving the way for an ultimate vote on repeal of State prohibition. After warning gheriffs recenily that wholesale bootleg bouses must be pad- locked and speakeasies closed, the Governor took things into his own hands. He directed raids last week in Kay County, his home bailiwick, in | which 6,500 pints of liquor were seized. More than 20 persons were arrested and now face State or Federal charges. “The raids will continue from time to time in other parts of the State ' | sure. Valley * A-S unti] Oklshoms is dry,” Marland an- nounced. Dry Forces Meet Tomorrow. The United Dry Forces of the Dis- trict will meet at 8 p.m. tomorrow at the Young Men's Christian Association Building, Eighteenth and G streets. On Tuesday Dr. Everett M. Ellison, president of the organization, will broadcast over Station WJSV at 9:50 a.m. Don’t Neglect Dangerous lis may Sare. ‘To & Mis Met. 1062, 1405 K St. N.W. ACT 11 in the Half~Yearly Grosner Clear difice Men’s Furnishings and Hats—added! Every year, just as the Clothing Sale gets going, we stage “Act II,” THE FURNISH- INGS CLEARANCE... this spreads the savings through every department in the store. Men have come to recognize this sale as THE BIG CLEARANCE EVE! $1.65 SHIRTS White broadcloth, neckband and collar attached. Sizes 1314 to 171%. $1.95 to $2.50 SH (6 for §7) IRTS 5w Including high-grade woven madras and broad- cloth. Regular collar, button down, tabs and eye- let collars; British stripes, checks, pn stripes and candy stripes. (3 for $4.50) $2.50 WHITEBROADCLOTH SHIRTS Collars attached; all sizes. $1 NECKTIES All handmade with res lined; also bows. (3 for $4.75) ilient construction; wool (6 for $3.75) $1.50, $2 & $2.50 NECKTIES. Jacquard crepes, foulards, basket weaves, reps; handmade resilient construction; wool lined; also KNITS. MEN’S HOSE .. Special group rayon, lisle 55c MEN'S HOS (3 for $2.15) and Jacquards. (6 for $1.50) E. Including lisle, silk and rayon; clocks, stripes and checks. (6 for $2.25) $1.65 and $1.95 PAJAMAS. ... Fancy or plain broadcloth in middy and coat styles with contrasting trim. $1.65, $2 and $2.50 (3 for §4) SPORT SHIRTS Polo shirts, pullover and meshes, heather mixtures cloth and some celanese. $3.95 and $5 BAT coat style; plain shades; and broken stripes; Terry HING SUITS. ... Zipper and one-piece styles. $295 MEN'S ROBES............ Terry -cloth in yellow, blue and white, fancy and plaid patterns. SPECIAL GROUP $5 STRAW HATS (choice) A group of broken styles and sizes. $2, $3 and $4 STRAW HATS Any one in the house. $3.50 GROSLITE "Light-weight felts in light and medium gray, tan brown. FELT HATS.... $2 T Regardless of former price; single and dou- ble breasted drape and single and double OF THE SEASON ... they know that the reductions are from regular stock merchan- dise and they wait for it. It is important to point out that if you miss this sale, with its many savings opportunities, you'll have to wait six months for another like it. ice of the House’ y Tropical price; some of them _ have vests—in navy blue, blue gray, tan, gray and brown; also _in stripes and checks. . breasted regular models ANY LINEN SUIT IN THE HOUSE $1 1.95 $12.75 SEERSUCKER & CORDED SUITS Single and double breasted in gray, tan and $ .95 cream Any $35 Gabardine Suit in the House Shirred back with drape front and bello swings; in brown, gray, blue, pastel shades. $24.75 ANY SPORT COAT IN THE HOUSE Regardless of former price; single breasted belted back and double breasted regular back; navy blue, brown and gray $1 1.75 Any Summer Sport Trouser in the House .65 Regardless of former price; Bedford cords, flan- nels, worsteds; in gray effects, tan effects and black stripes as well as plain white......o0000e IT’S AIR COOLED TO 75° AT GROSNER of 1325 F Street Ask About Our TEN-PAY CHARGE PLAN $ 5 95