The Key West Citizen Newspaper, June 3, 1933, Page 1

Associated Press Day Wire Service VOLUME LIV. No. 132. Legislature Adjourns Today; Debt Funding Bill Fail Both Branches Kept Busy Finishing’ Up Business Prior To Adjourn- ment (By Associated Press) TALLAHASSEE, June ‘The twenty-fourth biennial sion of the legislature adjourned sine die‘ at 1:15 o'clock today. Shortly after adjournment the governor told newspapermen that “by far the major portion of the it program has been put over for the people.” He declined to make any com-’ ment on the debt funding bill that failed to pass, but said he would discuss the matter in a for- mal statement later. Before adjourning the legis- lature reached an agreement on the biennial appropriations bill, the resolution on judicial re- circuiting, and the $5, $10, $15 and $20 automobile tag bill, in sessions that continued into last night, Ei;. apn — Lisibalic's ruling ‘could | not ' give | further se na to’ the: administra. tion-aponsored public debt fund- ing bill on which the senate and house failed to agree. The vote came on motion to table another motion by Rep- resentative Robineau of Dade; that the house override the} speaker's ruling and recede from its affirmative referendum amend- ment to which the senate and the ; fevernor objected, and which caused a legivlative deadlock after the hour of sine die adjournment arrived yesterday at noon. Tomasello, but killed the bill which Governor Sholtz safi he considered the most important be- fore the legislature. In the meanwhile both houses awaited clerks and — enrolling rooms to complete business, get. ting all measures into the hands of the governor so the final gavel o'clock for Havana with 33 passen- gers from Tampa, 61 from Key West, 168 sacks of mail and one} automobile. Perry Parrott arrived Havana 5:10 o'clock with three ears of asphalt, one of twine, 215 sacks of mail, three miscellaneous | ears and 4 cars of pineapples, might fall, Clocks in both chambers re- nine of which contained oe crcl isha five in bulk. Tomasello’s own vote decided the issue after he and Robineau! engaged in a sharp debate on the correctness of the speaker's rul- ing. The vote not only sustained mained at 11:15 a, om, 3 big: they were stopped Ee 94 PASSENGERS The P. and 0. 8. S, Florida! sailed yesterday afternoon 1:50 i from} FOR ANY MAKE OF CAR Lou Smith Service Station White and Catherine Phone 522} pncsoemnered | : | West ‘meeting. which was the first s To Pass DECREE ISSUED AGAINST SPAIN BY POPE PIUS; ENTIRE GOVERNMENT EX-| COMMUNICATED FROM CATHOLIC CHURCH FOR| CERTAIN ACTIVITIES (By? Associated Press) VATICAN CITY, June The entire goverpment of Spain has been automaticaliy ex- communicated from ‘the Catholic church for signing anti-Catholic decrees, the Vatican state de- partment announced today, after Pope Pius issued a surprise en- cyclical declaring the new Spanish religious laws constituted a grievous attack on the church. The department explajned no deeree of excommunication — will be proclaimed because the acts; committed by the Spanish gov-} ernment come automatically un- der the provision of the Canon law. ORDINANCE ON SALE OF BREAD SS VOTED DOWN ciTy COUNCIL Sr ed is ACTION AT MEETING LAST EVENING; OCCUPATIONAL |, LICENSES DISCUSSED | The city council, at a regular meeting last night, voted to kill the ordinance which was passed on its initial reading at a © previous meeting prohibiting the sale of any bread not baked in Key West. This ordinance was recommended for passage by the Economic League of Key West. The action on the ordinance last night was taken after Mayor Ma- lone, who is acting city attorney, advised the council that he felt that the measure was unconstitu- tional inasmuch as it showed dis- crimination in the provisions set forth. An opinion from George G. Brooks, state attorney, was also read.. Mr. Brooks stated he felt that the ordinance in question | was unconstitutional, and there- foré could not be enforced. Mayor Malone also spoke on the} subject. of occupational licenses, and suggested to the council that the license ordinance .be revised! as it has been shown where the results desired have not been ob- tained in many cases, He cited that the ordinance was discriminatory in many respects, especially in reference to the pay-| ment of the amount of license fixed for representatives who come here handling products for} outside concerns. He showed | where some were forced to pay} while others had the same privilege | and were allowed to operate with-{ out paying any license whatever. Mr. Malone also said that felt that if the license was placed at a nominal sum for those com- | ine here operhting for a brief! eendreg that the parties in ques-! tine may be willing to pay same,! but said. in any event, he thought it would be wise to revise the whole ordinance pertaining to the issue, A communication was received from the Key West Electric com- pany in which it stated that the company had accepted all provi- sions of the ordinance recently passed by the city in connection street | irailway and bus service in Key which was in accordance with an agreement reached a short time ago between the city and electric company on this matter.| Aside from these matters there was nothing other than routine business as coming before the <e3 sion of the month By ROBERT H. BAKER (Professor of Astronomy, Univer. sity of Illinois (iy Associated Press) URBANIA, Iill., June 3.—The planets Mars and Jupiter have KEY WEST, FLORIDA, Tone Heavens To Show Mars Victorious In Erratic Race With Planet Jupiter The Key West Citsen SATURDAY, JUNE 38, 1933. eeeorcecec eneeecesececcs been tacking back and forth for’ several months through the con- stellation Leo, Now they dre set on their courses straight ahead to- ‘ward the east again. . Mars is easily the speedier of the two. It will overtake Jupi-! ter on June 4 and soon leave it far behind. Planets Nearest Them At the closest approach the space in the sky between these two bright planets will be half the, width of the full moon. event is scheduled fer 5 p. m., jeastern standard time, June 4. By nightfall they will be a little far- ther apart, but still close enough ( The’ to provide an interesting sight in} the western sky. The two planets are nearly a third of the way from! Regulus in the handle of the sic- kle of Leo toward the bright star Spica in Virgo. The line join-| ing these stars is almost exactly the sun’s path among the stars near the beginning of autumn. The autumnal equinox, where the sun stands when it crosses the equator on September 23, is nearly two-thirds of the way from Regulus to Spica, Race ‘Course’ Irregular Many ,people have watched | spring. were in the east They were shift-' located \ Mars and Jupiter, which | race in the skies, will be separated in the heavenly map at 5 p. m. | June 4 (map) by half the widt | stars traces closely the sun’s course in early autumn. ing eastward, too, t sta nd Ma had nearly caug! up h Jupiter, the brighter the two. In January both planets tun ed and began moving toward tl | west. By the middle of April Ma j had retreated almost as far gulus. Then it turned among towa’ {Mars and Jupiter in the evening , the east again and resumed thejthe stars, will be | skies of the past winter and pursuit of Jupitem which will end.north on June At first these planets | on June 4. Venus makes _ its MULDOON, BOXING COMMISSIONER, IS DEAD INNEW YORK GRAND ou MAN oF ATHLET- ICS. SUCCUMBED TODAY IN} HIS 98TH ‘YEAR; SPORTSMAN GREAT (Ry Associated Press) /PURCHASE, New York, June .—William Muldoon, state box- ing commissioner and grand old! man of athletics, died in his 83rd) m Muldoon, a link binding the earliest days of Marquis of Queensbury boxing with the pres- ent, became known as the “solid; man” of sport by his leadership of | the New York State Athletic Co! | mission, one of the most power- ful regulating organizations in the’ boxing world. He was appointed to the com- mission in 1921, when boxing be- came legal again in the state un- der the Walker law, and he served | with an iron hand, several times! as chairman, always a dominating factor, for more than dozen years, | Muldoon was a farmer’s son, born at Belfast, N. Y., May 25, 1845. TWELVE EXCERPTS FROM THE CITIZEN Diuttig “the past 30° dese? 12 excerpts from The Citizen were featured in the tri-week- ly broadcasts sent out by the Florida Air Dispatch over the All Florida Network. Stations from which these broadcasts are made are WDAE, Tampa; WDBQ, Or- lando; WJAX, Jacksonville; WQAM, WRUF, Gainesville. This paper was | Miami; credit, verbally, for the origin of the the broadcasts were made. articles when Miltox Bacon, Jr., in charge of the programs, offers thanks to The Citizen, by letter, for its courtesy and co-operation | in “telling the world about our great state.” s Re-! CHOLelees | ‘CONFESSION IN WERE BROADCAST | SiESIEL aS Ss For 58 Years Devoted to the Best Interests of Key West PRICE FIVE CENTS RooseveltExpectedToMakeDirect — Appeal To Various States Urging Repeal Of Eighteenth Amendment — Judge Jefferson B. Browne, in circuit court, today handed down) his decision in the case of the city jot Key West against M. A. Kelly; ‘charged with soliciting business | ' without license. Mr. Kelly an odd sort of | fined $50 in police court, pealed the case and a writ habeas corpus was issued by de- jfendant’s attorney, George G he low in the northwest in the early| Brooks, against Laurie Roberts ht evenings of June. | It crosses, chief of police.» Mr, Kelly is or-j of behind the sun on April 21 into, dered released. |the evening sky. Early in June|, The decision and nit sets an hour after sunset, Venus brief follows: Ae he Will be the evening star for the! “This case was decided in 1787; rs Temainder of the year. [when the framers of the Con-) es ; stitution of The United States, The sun, now nearing the most | “ s J wrote ‘The congress shall have} rd northern point on its path among power to regulate commerce with the farthest forei ‘ diwith tt 21 at 4:12 m, Loreign nations and with the sev- oa a eral states and with the Indian, eastern standard time. Then ‘tribes.’ eae mer Demi “This provision was first con-! strued by Chief Justice Marshall,! lof the supreme court, in 1827 in) the case of Brown vs. Maryland,} '12 Wheat, 419, where the court! | held that a state law requiring an ates to take.a license and pay! before he could sell imported! oon is ‘in conflict with the fure- ‘iene provision. of. the. constitu. tion. “It is still argued that this is | WALTER McGEE, * bie not a tax upon the article, but on was have been running h of the moon. The line joining the opinion — in j _ KIDNAPING CASE _ WASMADETODAY. Judge Browne Hands Down Decision In License Case; Defendant Ordered Released ; within the state selling the goods ‘the person. The state, it is said, orc coNvicT, CON: nay tax occupations, and this is NECTED’ WITH i i | | CASE) OF nothing more. . It is impossible to ! 3 / conceal from ourselves that this is MARY McELROY | varying the form without varying ; he substance. It is treating a | proposition which is general, as if! (Ry Associated Press) lit were confined to a particular) KANSAS CITY, June 3.~Walter mode of doing the particular) Gee, former Oregon convict,'thing. All must percieve that the, id by police today to have tax on the sale of an article is a; ax on the article itself. Cites Two C “T shall, however, cite , two cases decided by the supreme | court of the United States, al-| Tl ‘though there are scores of others} homas J. Higgins, chief of de-' that support the doctrine that .» aie said ae admitted he jicense tax upon a person, whether i 1 ence Stevens, now sought ‘he be called a salesman, drummer pads pullce, were the aovuel kidnap- | commere’ 1 traveler, agent, can-| i ‘ = vasser, solicitor or what not, who} ay tei tis, besten: and Clar-\takes ‘orders for merchandise t | t | | j | I fessed he was one of the men | who kidnaped Miss Mary McElro: ! daughter of City Manager H. F.} | McElroy, one week ago, and col- | lected $30,000 ransom for her re-! | Jease, ‘MEMBERS FOR KEY HAVE BEEN NAME | } When Lincoln called the} north to arms, Muldoon went as aj drummer boy. After the war he worked at a variety of humble oc- cupations in New York, then got an appointment to the force. John L. Sullivan and training “ Boston strong boy” for the lat-/ ter’s victorious bout with Jake! ain, Out of this experience gre ship with noted men, riches and} he| finally his place on the New York ; boxing commission. ‘MATTERN TAKES OFF ON FLIGHT, . ; TEXAS AIRMAN PROPOSES TO MAKE SOLO FLIGHT AROUND WORLD (hy Associated Presa) NEW YORK, June 3.— Jimmie Mattern, of Texas, set forth oa his sole flight around the world today. Taking off from Floyd Ben- nett Field at 4:20 a. m., Mat- tern passed over Lewixport, en Notre Dame Bay, New- foundiand, at 12:09 p.m “police | t He added to his fame by taming the | the health farm idea, friend-j | PINDER; MARSHALL, PERE: ALBURY AND DILLON WERE ONES SELECTED; BAILEY| DIES IN NEW YORK |... TO BE HARBORMASTER | (ty Aw TALLAHA Governor cinted Preas) | E, June Da yesterd Bailey harbo port of Ke pilotage appointed E. } master for | Members of the pn were, | lews: Ri V. Marshall, Eugene & Dition also appointed as W. Pind Dr. Aurelie Albury and C} | t rt P ve Incumben of | pilotage peric of service a J rs; F. F. | man. eight years; W. E. | eight years; Wm. A. Freeman, « year; Vivian Pinder, owers, there y four 50 Turkey Supper 50c GUILD ST. PAUL'S ALTAR Teesday Evening, June 6, PARISH HALL--Babame 5t ‘ | WEST PILOT BOARD , William Hoff Huston. } year ence Click acted as guards to the : i : oman while she was being held be shipped from without th 9 hours in a house near here, *t2te, is an interference with th | Higgins said McGee told him ‘sole right of congress to regulate! that Windell Johnson, and others, mterstate commerce and is uncon- << in Amarillo, Texas, yes. stitutional and inoperative. y, had no actual part in the! “One ca } piraig but he picked them up, ¥* Shelby Taxing District decide: ‘o aid in passing a part of the in June 1886. In this case it wa Hes om mon jheld that a state could not im | pose a tax on a person, whether! a resident or not, engaged ini |toliciting orders for goods to be} shipped in interstate commerce. The case of Stockard vs. Mor-! 185 U. S. 27, is more com- pletely on all pik with the case; at bar than is generally found; probably due to the fact that the| jlaw being so clearly definitel tirrevocably and unequivocally set- | ted, states and cities have cease ;to indulge in a futile attempt t |cireumvent it. » “In Ube Stockard case the state of Tennessee sought to col-' lect a license tax from persons cause was heart resident in the state for selling f the demise; merchandise to be shipped into nembers of the| Tennessee from a firm in another { state. Relative To Orders Taken “These persons, like the peti. i tioner here, resided in the state. “TS \in which they took orders for the goods and were psid a salary in| the nature of a comminsion based; lupen the amount of sales. They, like the petitioner, sold no goods j that were the property of persons ——« residing in the state. In that lease, like the one at bar, it was! Deontended that the license tax was om the individual and there- fore not a tax on interstate com-! merce. “The supreme United States disposed D Z,! MRS. ALFRED RECIO FORMER KEY WEST RESI- DENT SUCCUMBS TO HEART FAILURE jay or- | » 46 years! ck Tuesday after-; York. Death was den and the Recio, formerly Mine Alice | of Key We had been ed 30 years. § urvived | r band, three daugh Another daughter, died several months dy R bu: the youngest, ago. The body was ashes mn cremated and the fe ' will be taken to Miami. PALACE Tiana Wynyard-Clive Brook: CAVALCADE King of Pictares Matinee 10-1S¢; Night, 15-25 ‘ —s in f court of the vf that com) { ‘gress, and that tention in this language: ‘Although lit is said in the opinion of the state court herein that the thing taxed js the occupation, morchan- dise brokerage, and not the busi- ness of those employing the brok- » yet we have seen from the: i of the already cited that when the is applied to an individual of his principal. who is a non-resi- dent of tie state, it is in effect tax on interstate commerce and that fact is not in anywise alter- ed by calling the tax one upon the | oecupation of the individual resid-| }ing within the state while acting as agent for a non-resident pri- | Many Coane From Doubtful Sections Are Urging Early Action On Outstanding Issue (By Associated Press) WASHINGTON, June 3 —President Roosevelt is ex pected by democratic lead- ers to make a direct appeal to the states to ratify repeal Eighteenth Amend- ment, ote Copgressmen from doubt- ful states urged early action jand believe he will respond | soon, His appeal, the congress- cipal, The tax remains one upon ‘interstate commerce, under what- ever name it may be’ designated. Although the state has general | power to tax interstate commerce even in the person of a resident of the state.” Matter Of Policy “This is a matter of policy and not a judicial question. It might well have been addressed to the convention that framed the consti- tution of the United States. But when the convention, whether wisely or not, provided that “The Congress shall have the right to regulate cofamerce among the sev- eral states” and when-the supremm court of the United States con- strued that provision to mean that such power is exclusive in con- interstate com- merce shall be free from all regu- lations and taxations by the state rv its instrumentalities, whether di- sctly or indirectly, a judge, hav- jing due regard to his oath and proper pride in being right, must shape his decisions according to the doctrines laid down by the sud preme court of the United States, | without regard to politico-economic questions, “Bound, therefore, as I am by | the decisions of that court, I hold: “That the business in which the petitioner is engaged, is solely in- terstate commerce. “That the ordinance in question, which seeks to require a person whether a resident or non-resident of the/state of Florida, to pay a license tax before he can take or- ders for merchandise to be shipped o the purchased by a business} irm outside of the state, is un-, constitutional and void. “This is a cose in which a writ of error may be obtained from the | supreme court of Florida and. my Laesbag as I may be or wrong. “In consideration of the fore- goimg it is ordered that the peti-' tioner, M. A. Kelly, be and he is hereby ae from m emitody.” ‘CONCERT SUNDAY AT BAYVIEW PARK’ right | TO BE RENDERED BY MUNI. CIPAL BAND BEGIN. NING AT 4:20 The Key West Municipal Band has arranged an excellent program to be red at Bayview Park tomorrow afterncon, bexinning at 4:30 o'clock, and the public ts in- vited in attendance The program for the event fol- owe March Overture Baumann Waits, L. King. ‘The Sweetest Toki" —J, M. Stutta, March. Overture, “From Dawn to Ti light"—-C. W. Bennet. “A Dream”-—-U. $. Bartivtt, Ballet, “Prom William Tell” “Mignennette” — i “Enchanted Night”-—K Story Ever ) Rossini March. A. Barrow, conductor. | men said, would streas party {pledges during the cam- Paign and the importance of revenue from liquor taxes. Eight states are now on record for repeal and eight more will vote this month. Speaker Rainey said ex- perts figure that repeal would mean $100,000,000 annyally from __ tariff. revenues besides $450,000,- 000 for internal revenue tax. |ASKS PROBE IN PRISON ESCAPE “OF H. SITAMORE. MAYOR OF MIAMI BEACH SENDS WIRE TO GOVERNOR SHOLTZ DEALING WITH AC- TIVITIES (My Associated Press) MIAMI, June 3.—Mayor A ;Frank © Katzentine, of Min! Beach, today announced he wired | Governor Sholtz asking for an in- | vestigation of the «seape of Harry Sitamore from the state . prison farm yesterday. He was serving se was that of Robbins! decision reviéwed, and affirmed | 40 years for jewel thefts, and got j oF reversed by that tribunal ac-| away with two trusties in a prison | truck. | Katzentine also announced that i Miami Beach police were in. formed that Sitamore, also known as Harry Gidmor, sent a telegram « es: brge fe ps Beach yesterday at . to his wife here saying |p see you and baby soon.” iit was signed “Harry.” Katzentine charged gross neg! gence as responsible for Site wore’s esampe. ‘STOCKHOLM POLICE PROVIDED SIDE AR! (iy Aesncinted Press? STOCKHOLM, June 3. Stockholm’s policemen prefer the sabre to the club and now may wear it all hours Heretotar tne eworda were regulation eqeip. ment only during late afterneon ‘and at night. STRAND THEATER TODAY RASPUTIN AND THE EMPRESS tho MUSSOLINI SPEAKS Matines, 10-156; Might 1%-26< MONROE THEATER SON OF THE BORDER Matines, B-iGe; Wight, 10-20 od }