New Britain Herald Newspaper, July 16, 1925, Page 14

VAN SWERINGEN N DENIAL OF LA Tnsists No Fraud Intended nt Rail Merger Washington tions filed yesterday state commerce comm and Mantis J manded specific and strict proof of July 18.—In petl with the inter- \sslon Van Sweringen de- the charges made by the Scott committee of \l‘.t.m"v*x} what s called stockholders of the rafroad com- | panies in the Van Sweringen Nickel | Plats consolidations. | These charges are that there was an interlocking directorate and that those of the directorate obtained | thefr positions through fraud fllegal methods, The petitions were | in answer to the petitions of vrv:..:‘ vention filed with commission by George Cole Scott Stewart Bryan, Lindsay Hopkins, George § Kemp and Berkeley Wi and the Johy tams, The documents filed vesterday amounted to sweeping denials of the allega- tlons of the Interveners, Another important today was the announcement of the eommission that it would adiourn for the summer on July 29, This is t eertain to defer action on the Van Sweringen consolidation for several months, While hearings will con- tinue through the summer before officlals of the commission, no final decision can be had before fall—and probably late in the fall. In their petitions the Van Swer- \ngens flatly dented allegations that they had failed fo promote the in- terasts of the different companies in the Nickls Plate consolidation or to promote the interests of the public and of stockholders. Purchases of equipment with C. & C funds, they #ald, was made for the use of the road and with large benefits to it. Interveners' Authority Denfed The Van Sweringens' statement says: “That nelther said petitioners, George Cole Scott, John Stewart Bryan, Lindsey Hopkins, George 8. Kemp and Berkeley Willlams, nor any of them, were owners and hold- ers In their own right of the aggre- gate of 7,000 shares of the common stock of the Chesapeake & Ohio ! Rallway company, or any part of #aid aggregate, when the roder com- plained of was made, entered or corrected, and that the interveners are without authority or interest to Justify the relief they seek in re- Epect of said roder, either as hold- s of sald 7,900 shares, or any of them, or as representations of any other stockholders of the Chesapeake & Ohio Rallway company, and that, s to the ‘some 2,500 other holders of the preferred and common stock of the Chesapeake & Ohlo Railway company,’ whom interveners claim to represent, interveners have failed to comply with the rules of prac- tice before the commission, which require that the names of all parties complainant must be stated in full. without abbreviation, and the ad- dress of said complainant, with t name and address of his attorney, | must appear, and applicants demand | development coast south of | [ [ty { mander | porarily |and gales of wind are a trifle |gentine mermaid, MOSQUITOES PESTER MAGMILLAN'S PARTY (Continued from First Page.) ted sea with miles of lce wall er the wate The Peary oft 1 he 1nd while I Greer Hopedale where small B g a brok 18 Imy wdoin is Y propeller led b repair activ- tidal worst a of mosquitoes that Hopedale hae seen fn many vears Washington, July 16 Millan Ar difficult oken propeller of the dule, Labrador, Com- MacMillan reported In a ra- dio message recelyed National Geographic parently Hled last We are making our third attempt on spare propeller,” he said evil spirit of the north, so las tem ttention the south P—The c of the : ship Ma Bowdoin is ha Ing 1h at Ho g a repair today by the It ap- to pu “The familiur to turned the Eskimos. all of his 1o the visitors fr are having tides fall only four r broken propeller chifted all the of the Bow- Unfortunately with fact o above water we h deck load to the bow doin a risc of To raise n this failed to object, therefore accomplish onr tonight we placed four large empty casks under | the stern of the Bowdoin hoping that when the tide rises they will lift the Bowdoin at least six inches. “With the thermometer at 70 de- grees fahrenheit and swvarms of mas- quitos getting into our ears, eves. mouths and noses you can imagine our difficulties in comparison to which pack ice, icebergs, thick fog and even looked forward to with pleas- {ure. Our only encouragement is that the height of the tides is increasing which means that ultimately the job will be done. MacMillan.” Another message said: “Gerfalcon nest seen containing young but not reached as yet. Many grampus whales are sighted between here and Cape Harrigin. Seals were a common sight. Three of our men sitting amid a cloud of mosquito last evening speared 56 flounders. They used smooth tined pitchforks GIRL SWIMMER FAILS IN CHANNEL ATTENPT (Continued from First Page) rique Tirabocchi of Argentina also swam it last year Cape Cris-Nez, France, July 16 (® —Miss Lillian Harrison, youthful Ar- teday began her the Fnglish water here at third attempt Channel to swim entering the 4:29 a. m, Should she succeed in her battle against the treacherou schannel cur- rents she will be the first woman to accomplish the feat, in which only u few men have heen snccessful, The swimmer's parents and a Land of newspaper correspondents em- strict proof of interveners' author- ity in the premises and a statement | of the names, addresses and inter- ests of all persons whom interven | ers claim to represent.’ " | The Van Sweringens asked the | commission to djsmiss the petitions for intervention and denied in fur- | ther detall the allegations of the in- | terveners. They asked further that | the commission proceed with their | applications for the cosolidation af | certain lines and for the construe- | tion of the Va Crossing and Gregg. Ohio line between ey Director Andrews of Prohibltion De- partment Has Not His Agents Named Any of ashington 16 | only o makn tary e Anitel administr Aug. 1 forcemer A which will which he July 7. in which two ections, Assistz Andrews of the treasnury unable to decids on a si tenty-tnwn prahibition s who wi the take offire inite | ennel i that | rertair naved from ror brative Afetr 2] Liq the and New estigated by Mr A . : He will ' o8t Albans » View 7 Conservative (‘ahinet Takes Office Todav | n 5 Halif new Nova € \n tod 1ast and pr rington works las, attor bald Wa sources Percy Ch highw coune ADS $25 CHECK TOWERS SF barked at Boulogne on the tug Al ice which ia accompanying her across Miss Harrison's two previous at- tempts were both made last vear. The first she was forced to abandon when she injured a leg on a sharp rock In the seeond she gave up beeaus: of adverse being in he water eight hours, She first jee in currents after {nternational she for achieved n 1923 when snam 1 hours down the In the same of the azi) vear she swam the estuary River Plata, a notable feat Her start foday gives the Argen tine girl a jump on her American rhal, Miss Gertrude Ederle, who fs training at Rrighton, England, un- der Jabez Walfe, well known English mmer. Fderle to transfer her headquarters here late this month in preparation for her et Mies Harrison passed out of s svim her was perfect for th RIGHARDS ARRESTED Mies plans T Rrother af Famaue Tennis Star Held in New York on Charge of Grand Farceny Brook- of harged b 3 500 from her a o 1A and e Rich MITTAT IS RANKRUPT Ha 1 (7. Y H time | river Parana in | NEW BRITAIN DAILY HERALD, THURSDAY, JULY 16, 1925. FORECASYT \ e [ | OF FALL FAGHIONCY i WE, *MODE. MASTIULINE" EQUALLY GO, 1 THE * GMIRAIGHT LINE*QILKOUETTE,, WHICK CONTINIES® TO B N GREAT FAVOR FINOS® U] THE. "GUIM MOTIF* 15 SLL DECIDEDLY PRESENT I THE FALL SHOWING S EYPRECION THE NEW INDERWEAS AR PATCHES APPLED N WAYSY TO THE S0DY oF FALL 'COATS) - IS AN Y LN THE - NE! ETHEL: The Styles Will Be Whatever They Wear - MDD GXITS™ WILL COMNTINIE. TO PE WORN FROMK LY SHoRT OUITSTANDING FEATURE ' | | LINDER TALKS ON LONING ORDINANCE 1t Means o the City The proposed zoning ordinace and what it means to New Britain was xplained to the members of the New Britain Rotary club and a del- egation from the Hartford club at | the Burritt hotel today by Thomas | 3. Linder, appraisal engineer, today. | Mr. Linder read the enabling act | as passed by the general assembly |and explained what it meant. He | sald zoning as applied to New Brit- ain means orderly development and that it means no Interference with present conditions but is to prevent future encoachments of undesirable businesses Into restricted districts. He eXplained that the manufac- | turing district will be parallel with | the railroad, the two family district | will be in the northeast section and [ south of West Main strect. One fam- ily districts will be in the southwest | and Belvidere sections, Class A business will be spotted |all over the city. Class B business with a !imited four story height | will be found on the main arteries | of travel except in the central dis- | tricts, f He said districts can be changed | by a board of adjustment subject to the approval of common council at any time. Referring to recent con- troversies over smaller stores and | gasoline siations he sald this would | control future objections. | Next Thursday the club will meet lat the Boy Scout camp at Job's | Pond near Portland. The men will leave from the Burritt hotel at 30 o'clock. The committee in consists of Lambert Lord, Hubbard and H. 8. Hall. Dr. George E. Tucker of Hartford {1ed the singing for the Hartford group charge | Russell | ASK EXTRADITION Hartford, July 15 (P—James H. { Moore. a police officar of New Han - en, made a request today at the of- the for a requisi- tion on the governor of New York for the extradition Michol Teotosin who Is wanted in this state to answer to the charge of deserting | his wife and child. The accused is under at FEllis Island. He went to Europe and on his to a fow days ago he was fice of governor Istate of arrest urn this conuntry arrested as he was walking down the gangplank | WILL TAKF, sAlL | Hartford. July 16 (P—The eoclety of Connecticut executives will meet th the shellfish commissioners at it New Haven, on be taken on a ovster hoat Paint Friday for a three hours rafl. The annual will be held meeting vear will be hoat. At afficers for the coming meeting ot abnard the this clected JUDGES FOR LIFE Indianapolts, July 15 (A al of the appaintment of judges for ite was volned by the International Assaciation of Police Chiefs in con- Traffle law ican cities can be ampered Appra o vesterday Amer fudges, Jitical ebligations ion ¥ a1t unt b violators ed in a P enaral dis RADIO York. July g Mayor H INJUNCTION 18 (Pi—An order an and Wi 2 jam rt Mills plant ~h 1 atructures. tn show cause y be operation of the restrained municipal for broadcasting politi- by riek they should not from radio stat al propaganda was handed T Court Justice McGol order, secured by FOOTLOQSE Explains to Rotarians Just What | ON EVOLLTION Thinks Religion and Science Are| Close Together Chicago, July 16 (P—SEcience and religion are closer to a reconciliation |at the present time than ever before. {in the opinion of BRishop C. P. An- derson of the Episcopal diocese of Chicago. “Strictly speaking, there has been |no warfare between science and re- |1igion, though there have been many | |lively skirmishes between scientists | and theologians with many wounded on both sides,” he said. “The war- fare is between the new science and the old science. “Contrast the materlalistic sclence | of a few years ago with the new | scientific doctrine of matter. The | old materialism was somewhat ar- | rogant, Tt boastsed that it had ex- | plored the heavens and measured the | stars and analyzed the contents of | the planets and had not found God. It resolved the human body into its | chemical constituents and found no | soul. “Against this kind of science re- ligion was at war. It Insisted that was not the way to know God, or to arrive at human values. ‘The new | definitions of matter have over- thrown the old materfalism and ar more reconcilable with the affirma- [tions of religion concerning spiritual reality. “The definitions of matter which the learned physicists are now giving make it a form of ceaseless activity. instead of the mere solid stuff that |we formerly conceived it to be. Mat- | Iter itself seems to be something quite |subtle, ethereal, unimaginable, aad | |ene might eay, spiritual. Tt is as | sonable for religion fo postulate | |God as it is for science to postulate |ether. Of course the certitudes of |relteton do not depend on any such | |considerations as these. Neverthe |less, all the truth is at unity with [itself. A thing cannot be scientifi cally tfue and theologically false, or [theologically true and scientifically false.” |Hearing on Injunction { Action in Bridgeport | Bridgeport, July 16—The hearing ;r‘n the injuncti sought by Percy |'T. Litchfield against the city of | Bridgéport and its paving program {mill not be held tomorrow it mas learned today. City AeEr Delaney. appiied to Judge 1. J. Nick- | lerson of the superior court and has | obtained permission havs hearing transferred te Norwich | | | Attorney 1o h and it will be held hefore Judge Allen 1 Brown on Tuesday EV'en«i;fi of Time ;)n St. Paul Bond Deposits New York. July 18 (A—Extension of the time for receiving 1. Paul railway stocks slenifying assent to the |tien plan for the road {*4 today by Kuhn, Loeb & the National City Co., zation managers. A time limit ori ginally eet expired vesterday, but dn :pnu!"r( have been instructed ta con deposits of and bonds was announe and the re-organi tinue aceepting all offers of secy [ tHes, Deposits at present in bonds and $23 Holders of additional both bonds and have signified their approial of the exreed $44 A9 in arge stocks | storks. amounte of plan, eaid the bankers, but able have not been actually to deposit Foreelosure proescdings wers gal to be progressing with the 2 \iew tn completing re-organiration as :5rww‘ as possible } FLOWERS VS, BOGASH Julv 16 P—Tiger Flow Atlanta negra middleweight, has Chicago. | been matched 1n meet Lou Rogash in a Adrera of Bridgeport, Conn July Stia 1 24 at They 165 pounds | ——— | i | would be no FOOTLOOSE x BISHOP ANDERSON | [ senses to | officer present to think for him. If | CLERGYMAN RALLIES T0 NEWSPAPERS' DEFENSE Methodist Minister Says Never Has So Much Religlous News Been Printed Chicago, July (F—Despite some ministers and church members who talk about a decadent and dan- gerous press, said Rev. John T. Brabner Smith of the world service 16 commission of the Msthodist Epis- copal church today, in general there never were more church news and religious editorials printed in the dally newspapers. Kev. Mr. Smith was addre hool at Garrett Biblical Institute, Evanston. “Church officlals and laymen,” he continued, “may study to advantage the point of view of reporters, edit- ors anhd press assoclations. News- papers welcome co-operation from the religious organizations, but they resent dictation or propaganda. me church news can be made so interesting that it will supplant crime news. “In answer to a questionnaire nearly 100 managing editors of large city papers replied that they could use more church news if it could be secured.” AUTO ACGIDENTS TAKE GREAT TOLL (Continued from First Page) diteh.” “is reasonable in using the traveled way, at a speed which is and proper. Neither loiter; be temperate in your driving or court disater.” “Even where traffie is well direct- the pedestrian should get his ance, both right and left, before leaves the curb and put his duty when there's no reasonable rush nor ed el he necessary wait a second of a mo- ment before stepping out. Likewise the motorist who takes pains to ac- commodate his actions to the move- ments of railway trains and trolleys best serves his own interest. Time may be money, but the maimed and the read lay up few material rich- es.” Don't be discouraged, it you oc- casionally an Incompetent driver. No tests, not even the men- ta) and manua! ones which are glven preliminary to the issuance of licenses, will positively determine that a driver is equal to meetin emergencies which frequently are surrounded by entirely new and un- thought of conditions. Don't worry too much about dfunken drivers. They and the incompetents and | corrigibles must inevitably be ruled off the roads; the law will get them if the ‘Grim Reaper' doesn't “Above all, please remember that we need your help in performing a difficult administrative task and that when all is said, the only open muet sesame o a better world for mfi'or-\ ing 18 a recognition of your rights and their limitations due regard for the rights of others own BIG [1QUOR HATUL. Rockland, Me,, July 16 (#—Near- v 2,000 cases of liquor valued at 200,000 were found in a sealed com- partment on a barge eeized by the coast guard vesterday. The barge. one of a flect owned by Wil- liam Smith of New York, was on its way from Eastport fo New York Captain Steward Miles and the en- gineer were arrested. The cargo at first appeared of empty barrels, but when 1,000 of these had been remoted by the crew under or- ders of the coast guardemen the sealed compartment was disclosed Keepers were put aboard the barge pending removal of the liquor here to consist NEW GARBAGE PLAN New York, July 18 (F—-TW. B Roulstone, counsel for the Parks and Playgrounds association. suggested ast night that the ships the United States Shipping Bo: ving 1dle in the Hudson utilized to carry New garbage to a point least a hun- miles at sea that danger of beach and pollution. At the e made public the results of a gar- bage nivestigation made ago. which traced the eity's garbage 90 miles to ea river York city's dred €0 there 20 years ing the pastors’ summer | NONKEY TRIAL ~ HEARING 1S 0N (Cotninued from First Page) |nere in the interests of sclence. | “Does your honor or anyone else know what evolution is without hear 'ing the evidence? If your honor !says that opinion evidence may not be produced, may not evidence of |the facts be introduced?” he continu ed. | He argued that under ths law |anything was relevant as evldence that tended to throw light upon the | subject in question. The defense attornoy pleaded that |they be allowed to show that evolu- ition is and what the Bible ls. | “Even if on no other ground,” he |argued, “this evidence should be ad- | mitted as information for the | court. l Argument on the question of | whether scientific testimony shall be admitted occupled all of the fore- “\‘mfvn session and was to continue into the afternoon when court ad- |journed at 11:45 o'clock until 1:30 {p. m | Arthur G. Hays for the defense |had advanced the contention that | testimony from experts on evolution was competent, Willlam Jennings | Bryan, Jr., Herbert E. Hicks and Ren T. McKenzie opposing the posi- [tion in behalf of the state. Questioned by Arthur G. Hays during his argument, McKenzle |asked Hays: “Do you belfeved the divine story of creation?” “That is none of your business,” shouted Mr. Hay “Then don’t ask me any more im- pertinent questions,” eald Mr. Me- | Kenzie. . At the suggestion of the {apologies were exchanged lawyers. court, the by Prosecution Rests | The prosecution, contending that the sole question for the jury to de- cide is whether the young biology instructor taught evelution contrary to law, or not. rested its case late vesterday after a brief examination |of four witnesse: The prosecution’s proof was of- | fered after court had overruled the {defendant’s motion to quash the in- | dictment. With the frank declaration that levery word spoken by the state's witnesses was true, Clarence Darrow, Dr. John R. Neal and their asso- | clates of defense counselimmediately |called In their seven sclentific ex- | perts and had them sworn together. | A moment later when the Chicago [1awyer sought to have the first of |these explain the theory of evelu- {tlon, Attorney General A. T. Stewart cbjected and the issue was joined. | The jury was excluded while Dr. Maynard M. Metcallf. professor and research zoologist of 'Oberlin. Ohio, told for the benefit of the state and the record his definition of and views upon the subject of evolution. | Professor Metcalf, avowed “evolu- [tionist.” was to resume his testimony |early today before a juryless court, {untll the state had obtained suffi- |cient information of the testimony to |make the naturs of his objection clear. For the prosecution, Willlam Jen- nings Bryan, Jr. held in reserve {until this stage, and Attorney Gen- , |eral Stewart will present the argu- | ment against the admission of he lexpert testimony. | For the defense. Arthur Garfield |Hays and John R. Neal will address |the conrt and seek to convince Judge |Jonn T. Raulston, presiding, that [the nature of the evolutionary hy- ;vn”‘"ll ought to be explained to the jury. | Pleads Not Guilty | TYoung Scopes’ plea of not guilty. the swearing in of the jury—chosen |four davs earlier—and the opening statement of defense counsel, pre- [sented by Mr. Malone, immediately {preceded the calling of state’s wit- nesses, Mr. announced to the court and to the jury that the de- |tanse would seek to prove that pri- | marily the theory of evolution was Malone now | be | same time | not in eonfiiet with Christlanity and secondarlly, that Professor Ecopes was not gullty as charged. He as- serted that the outlawing of the teaching of evolution would put a ban on geology, physiology, blology, astronomy and other sclentific studies and would cripple the prog- ress of agriculture and other inhdus- tries. Bryan's Name Enters A diversion was created as the New York lawyer sought "to intro- duce In his statement the ‘name of Mr. Bryan, whom he designated as the embodiment of anti-evolutionary sentiment and the recognized cham- plon of fundamentalists throughout the country. Mr. Malons quoted trom a former -address: of Mr. Bryan and declared that he eum- moned to testity for the defense the “Modernist Bryan" of that time against the “Fundamentalist Bryan" of today. Then the state objected to use of Mr. Bryan's name in the declaration of the defense's position, the court sustained the objection, but Mr. Malone appealed to the former secretary of state to say that the use of his name was not objec- tionable. Mr. Bryan at length arose announced he would not ask for the protection of the court. He sald he would prove “at the proper time" that the quotation imputed to him was consistent with his present beliefs and contentions in this case and not contradictory, as the de- fense lawyer held. As his witnesses, Attorney General Stewart called to the stand Walter White, superintendent of Rhea county schools, and designated as official prosecutor in the case; two former puplls of Mr. Scopes, and F. E. Robinson, chalrman of the county school board. Admits Teaching Mr. White told of a conversation he had had with the defendant, in which Mr. Scopes admitted to him that he had taught the theory of evolution to his science class in the high school, employing as a test the statute’'s authorized volume. Mr. Scopes, he sald, told him that he had reviewed the text in the last three weeks of the recent school session which closed early in May, and that this book contained a theory of evolution which set forth that man was descended from a lower: form of life, The prosecution, through all its witnesses, sought to fix the time of the alleged offense in the latter part of April, the last three weeks before the close of the school year. The two school boys testified that from the text book and in lectures the defendant had taught them evo- lution, telling them that human be- ings had evolved from a single eell, and that the first Jife had been in the sea. Cross-examined by Mr. Darrow they were unable to recall that their teacher had told them what a mammal was. The defense lawyer read portions of the text and the boys acknowledged that these parts which deacribed the ‘*‘evolu- tion tree” and the types of mammals had been taught them by Mr. Scopes. The youths admitted they had never received to their knowledge, any inquiry from the instructor. Mr. Robinson recounted a dlscus- sion at his drug store in which the defendant announced that he and every one who taught the adopted text hook on biology were violating the recently enacted Tenneasee stat- ute. The defendant had said, the wit- ness stated, that.no one could teach the text without violating the Jaw. On cross-examinition, Mr. Robin- son testified that he, chairman of the county achool board, had sold at his store the text book in question for “six or seven years." Mr. Stewart, at the beginning of and the | “Dress Well Dress Better, And You Look Better; Look Better, And You Feel Better; Feel Better, And You Work Better; Work Better, And You Will Be Better Regarded and Better Rewarded. the state's testimony, introduced as exhibits to the testimony, the school text on blology used by the defend. ant, and a Bible. On the introdue- tlon of the Bible, Mr, Hays, for the defense, declared to the court that 1t was the purpose of the defense to force the prosecution to show what Bible was meant by the words of the statute, under which Mr, Scopes was Indfced. He pointed out that there are many versiona of the Scriptures and that many sects have Bibles which differ among themselves in number of books and in numerous other particulars. He insisted that the state would have to Introduce sis an exhibit the Bible which the words of the anti-evolutien statute referred to. The Bible entered as exhibit was the King James version. Suit for $6,000 Brought But Settled Out of Court Bridgeport, July 16 (—A $6,000 suit brought by Miss Ellz Pekshine, internationally known music teacher of Montclair, N. J., agalnst Miss Mary Taylor, daughter of the late General Nelson Taylor, whose Iin. eage traces back to the first settlers of Norwalk, Conn,, has been settled, it was Indicated in superlor court here today. According to counsel for Miss Taylor the plaintiff has re- celved a payment. ' Miss Pekshine claimed to have rendered services to Miss Taylor in the capacity of pri vate investigator, Her task she alleg. ed was to establish the fact that Mrs, Nelson Taylor, Jr., wife of Nelson Taylor and sister-in-law of Mism Taylor, was also the wife of Count Constantin Erglon, a Russian army officer. The Norwalk woman, Miss Perkshine alleged, desired ths infor- mation In order that she might block Mra. Taylor from sharing in hus. band's $600,000 estate. PAYS $121,000 FOR SEAT New York, July 16 (#) — Walter Dulsenberg of San Francisco paid $121,000 today for the New York stock exchange seat of Robert A. Kobloes, Jr., of Springfield, Mass., who was recently expelled from the exchange. The transaction was $1.- 000 under the recent record high price. The membership of Albert Brown was bought by Willlam J. Ehrich of New York for $120,000 and that of James A. Garland was transferred to Nelson §. Bartlett of Boston for a nominal consideration, ELKS ON PARADE Scveral Thousand, in Brightly Col- ored Costumes, L. March Through Streets of Portland. Portland, Ore, July 16 (A—The purple hosts of Elkdom gathered here at the 61st annual conventlon of the order today lNned up in a col- orful parade through Portland thor- oughfares, Several thousand bright- ly costumed marchers were in line and scores of bands from all parts of the United States added a thrill- ing touch to the spectacle. Among the striking features of the parade was the Elks delegation from Pendleton, Ore. Twenty-four In- dians, two stage coaches of ploneer days and 112 horses were in line. The eouthwest vied with Pendle- ton with a cowboy showing from Texas and Oklahoma. Fqually interesting was the elabo- rately costumed sections of Philadel- phia’s big division, along with many other contingents that added to the galety of the spectacle. There were stunts, floats and pranks thronghout the long lines. and Succeed”