New Britain Herald Newspaper, December 17, 1930, Page 2

2 ALFONSO CHEERED IN VADRID STREFT No Blowsdshed about than was ey gency army wa the insu the presen a coup whic painstaking appeared to large part o boit Saragossa Tranquil Advices from Saragossa that ecity “continues the military taking s ures to suppress ti An edict signed by tr eral of the r bock to their tasks o placement and nullificat ments which they ployers. Santander ,on, Tuesday 18 es said, was quiet and the city expected during the day to res for (s . Principal in Action Is U N POSTRONNENT = OF WORLD COURT of Mon Miacks Decis L know Annoyed by Publicity A T ® dem., loc- leg ion it OYSTERS TWO OYSTER STEW OYSTERS ToO Tie OLD CRAB -tuitha beauliful face - Founp 07F Swalow, China BErTy Caont-or Communll- | Casmisd KER Hoase Axd 2 BUSKELS OF \JHEAT UP THE TowN-all STEPS Itee EXPLAN Geraldine M ' has an eleva the part ndle Bird"—The Can tne moose, whicl BELIEVE IT OR NOT :* ATION OF YEGSTER 1izza. Climbed Mt. Shasta—On July cisco, who was t est, d envelope, sent Mr with Pats A RAW TOMATO 1S A FRUIT — A COOKED ToMATo 134 VEGETABLE Buty Seymovr, HALF BREED INDIAN — HUDSON BAY CO., 1508 etamped, ad- Ripley will furnish thing depicted by him), ot Y| THE MAN WITH THE LONGEST NAME - ITS MILES LONG ~of Hominy,okla TRAVELLED /92 MILES On SnowSHOES 1N 42 HOURS, ~ FrRoM ForT GEORGE To QUESNEL AND RETURN - WITHOUT A STop / € 1 King Features e, & 18th, 19 11, T B en 8 v me - Great Beiaia rights reverved. DAY'S CARTOON little Geraldine Mazza, of 580 of age, climbed Mt. Shasta, She accomplished this feat without aid because a regulation Alpine stick was too known as sects and para I soap to plug tobacco.” the Moose Bird for its close his insecticide of nature 1w € anyvthing *1 TOMORROW—“A Power of Chinaware” QUATRYALA COTY'S SITUATION GRAVE Jevolt Reported 17 (P CUTS RELIEF BiLL ts Red Cross Millton Affected holiday, execu more 1stma to the ersion of elief tary Hyde how the $8 proposal came — iala- senate had before it 2 g by Senator TLaFolle Wisconsin, asking th; Woods of the president's committee and a lot tell the n e done and is done mployment of other what to Hor al, un These men have ady given such information to President Hoo- ver and their presentations went to e )‘ USE HERALD CLASSIFIED ADS make up the relief program present- two weeks ago. Sen , however, put in his the chief executive reply to a er sen- that he had no report n Woods to send up gestions he had that confidential of the president with gov- ticers which should be Hyde Before Committee agricu committee of the had Hyde before it at its own ade after it again had re- mocratic proposal 1o &p- $60 carrying the house ted a d ght bill, 10; disputed ¢ the eixty million plan | t it came Hyde, from other re- | s in the department | from the national f committee. The figure | t here in connection | 15 of state- drought | | nate today uiso was| report of its conference. commit- 5,000,000 public worke ng abandonment of | ct the president’ spending the n wages to be paid on its and make special provi- states, | republican, Wash- | head of the conferees, sought | ction of each of these nators Dill of Washing- | llar of Tennessece, . wanted the senate | . Senator Robinson | who had the res president inserted, re- | t its removal, in the in- | e legislation pass- | as possible arge Fillbustering s recess plans were torn sntative Ga leader, ¢ an leaders with filibus- | vent action on drought | after Christmas. He 1ed to block any agreement 1 Christmas recess. threats developed d the republican leader, | - Watson of Indiana, sought | majority chief, Tilson | 1. After their talk | unced: “We cannot | rec to the Christmas ntil this reliet legislation fs | | in the MANNING DISCHARGED AFTER RAID HEARING (Continued From First Page) fense counsel, objected to the ad-| mission of this testimony on the ground that the police had no right | under the warrant to search any other place than the club itself. | Prosecutor Woods argued for the | admission of the testimony and the evidence on the ground that the state would be able to prove a con- nection between the two places Judge ceski allowed the testi- mony to stand on provision that the | state form a connecting link be- tween the upstairs tenement and the | operation of the club itself. | Sergeant O'Mara also testified as to the reputation of the place, stat- | ing that many complaints had been | received concerning the liquor sell- | | ing activitics of the proprietor. He PSS I O S S BT, Yellow Fever Hero Is Honored Posthumously Washington, Dec. 17 (A—They do this sort of thing for nothing, but every now and again congress remembers obscure heroes. Private William H. Dean, of the United States cavalry, died after submitting to yellow fever tests 1n behalf of science. Now Representative Mapes of Mich: gan, has put in a bill to give both his father and mother a pension of $62.50 a month, and to have Dean’s name inscribed on the war department's roll of honor. said that Manning had been located in his present | first of October and during that time many men of drinking habits were | observed going in and out or the place. When asked by Judge Man- gan if he had anything other than | personal knowledge that liquor was sold there “he answered negatively. The same 8ort of answer was given to a question put to him by Judge Traceski as to whether any liguor was found in the club rooms proper. Sergeant Feeney's testimony was corroborative of that offered by geant O'Mara. He told of asking | Manning for the keys"to the up- stairs tenement and of receiving them, When asked by the court if Man ning had anythipg to say relative to e finding of the liquor upsfairs the police sergeant said that he would not talk On cross examination by Judge Mangan he admitted that Manning told him that he was the owner of the place. He also reiterated the statement that he knew that Man ning was the rightful owner, He answered Mangan rela ceived about that none of ve to the complaint re- the place by stating these ged com- plaints came from persons who were willing to testify as to the reputation of the club, Further testimony was also of t Flynn, and Police Bloomquist and Har cerned the reputation of the club. At the conclu s case. t he did not feel it ne- any defense as in ed to tenement where the or was found was in ar 1ected with the club owner. key which Manning i ven to ster or skeleton key 1 1o open any door e testimony of the rinking ter- Judg o0 ged to ha eney was a 1 Labits were y seen place hat many a man 1abi had gone in and his law office and nonc of bad ever purchased a drink Prosecutor Woods followed with a iction arguing that t fact that Man ¥ to the upper t nt wus proof enough of connection with the Judge Traceski denied the motion of the state and remarked that the evidence presented failed to prove the case against Manning. As re- gards the opinions expressed in the testimony regard g tf reputation of the place he s noth- ing that would other than th the policemen. JERSEY COURT TO |GNORE DECISION PENDING APPEAL (Continued From First Page) sa . personal opinion of amendment The liquor raid nouncement of the decision w der direction of George S prosecutor of Bergen county as a member of the legisla sponsored the Hobart act, the enforceemnt measure, Hobart first after an- led a question put by Judge| he police state | unconstitutiona | ay Take Appeal | Philip Forman, the United States attorney, who prosecuted the case |of Willlam Sprague, clerk of Wan- | tage township, and a farmer, on a |charge of transporting beer, n which the indictment wes quashed |by Judge Clark's decision, was |studying the opinfon today with a |view of taking an appeal. He said the appeal might be car- ried either to the United States cir- | cuit court of appeals or direct to the supreme court, | “Meanwhile,” he said, “as T un- | derstand it, no other judge in the | United States, nor the judges of | this district are bound by the opin. "mn. and therefore enforcement of the Volstead act in New Jersey will quarters since the continue until the remaining three {judges of this bench all decide in agreement with Judge Clark, or, un- [til a decision of the higher courts |is reached on his opinion.” overnor Larson said: As far as 1 am concerned the cighteenth amendment still' is the aw of the land. The prohibition question just now is a wilderness and there will some day be a Moses to lead us out of it. T would not ad- vise my friends to transport liquor.” i Outcome of Test Case Judge Clark’s decision was the outcome of what amounted to a test case of the contention mittee of the New York County Lawyers’ association that the adop- | |tion of the eighteenth amendment was invalid under the 10th amend- ment to the constitution which modi- | fied article five. Selden Bacon, Daniel T. |and Julius Henry Cohen, members lof the committee, presented the argument against validity of the amendment before Judge Clark. Frederick M. P. Pease, of Newark, | a former assistant United States at- | torney, was counsel of record for the | defense Judge Clark at 38 is the | est member of the federal | He was appointed in May, 11 | President Coolidge, gning from the bench of the New Jersey court of appeals to acceyt the federal post. His appointment was backed by the late Mayne B. Wheeler, | perintendent of the Anti-Saloon | Leagu He was born in Newark and is a aduate of Harvard. He served as a captain in the World War and was cited for gallantry in action In his five years as a federal judge three of his decisions have been reversed out cf 33 cases car- ried to higher courts. Uses 15,000 Words Judge Clark's decif of 15,000 words, devoted little attention to points raised by counscl. Authori- ties cited were, in the main, picked from the volumes which lin walls of the library in his hug colonial house in Princeton. For was there, far into many nights, that this tall. angular man who gradu- ated from Harvard in ec years and although an heir to millions, took his place in the ranks during the World war, pondered his prob- lem Declaring the points he was decid- | ing had never been submitted to the supreme court, Judge Clark noted | tha} the fifth article states amend ments to constitution may be | ratified “'by the legislatures of thre fourths of the several states, or by conventions in three fourths there- ot Cohalan young- su- Cites 2 >olitical sc cive only one ques- tion presented alternative | methods of ratification prescribed by | ticle five. 1f the amendment to | considered is one designed to sfer to the United tes powers hieretofore reserved to the states, or if there are any such, to the peo- ple, that answer must be in favor of {the convention method.” He held his decision should not affect other amendments ratified state legislatures, since the only onc ‘\\7. S¢ nature in any respect sembled the 18th, was the 13 | slavery amendment. | The distinction, he said, was that |the 13th amendment did not, “as | does the 15th, contain a grant of rower to regulate and prohibit cer- | tain acts.” Washington Listless Washington, Dee. 17 (#—Neither cheering nor groans cchoed in Five he wrote, “can wer to the the a squad of police in a raid on the | Riverside Boat and Yacht club early today. Thirty men and women were arrested. State Senator Emerson L. Rich- ards, who has a bill in the judiciary committee for the repeal of the its enactment. Wants Act Repealed “It becomes obligatory on the etate to repeal the Hobart act in view of Judge Clark’s decision,” he said. Judge Clark held that ratification of the eighteenth amendment by the state legislatures was not the meth- od prescribed by article five of the constitution of the United States for adoption of amendments which | transfer powers from the states to the federal government. He held that the amendment to be valid should have been ratified in consti- cutional conventions in the several states, Prohibition enforcement authori- (ies in New Jersey said they would proceed as if no such decision had been rendered “My deciston,” commented Judge Clark, "will not affect the operation of the prohibition laws in any w The Horbart act, the New Jerse enforcement law is also still in force.” Judge Differs Common Pleas Judge Willlam B Hardley at Trenton said that in view of the fact that every possible phase of the question had been threshed out, he could not conceive of Judge Clark's decision being sound. “I had a part in the drawing of briefs in the famous Feigenspan case in 1920, he said. “In that case Thomas F. McCran and Elihu | Root represented Chris Feigenspan | (brewer). Charles Evans Hughes and George S. Hobart, with whom | 1 was assoclated at the time, repre- | sented the Anti-Saloon League. The point raised by Judge Clark in his decision came up for discussion | while we were preparing our briefs | and we passqd it up as being of | little consequence or value to the opposite side as one of their argu- | ments in support of their contention | c- | Hobart act, said he would press for | t Cards of a com- | beneh, | the | 11 | were made Washington at the news that a fed. eral judge had ruled the eighteenth | amendment invalid. Such opinion as was expressed here today held the decision wold not cut much ice. The drys predicted the supreme court, if and when the ruling comes up for review, will reverse it. They cited numerous precedents. The jus- tice department held it could’ not, until after supreme court action, af- fect the status of prohibition. Anti- | prohibitionists in Washington had |not summed up their attitude, but |most heads of national wet groups jin other cities were conservative in | comment. The drys gave their position 1o | expressing belief that the grounds | upon which Judge Willlam Clark, of New Jersey, vesterday decided |against the prohibition amendment, (had been held unsound by the su- | preme court years ago. Court Liberal | The highest bench has held re- peatédly that various attacks on con- stitutional prohibition along similar lines had no merit. It has refused |to entertain several other attempis to break down the amendment. Those who know well the workings |of the court hold the view that in | matters of this sort it is inclined to |a liberal construction of the consti- | tution’s provisions. The justices thus | would be interpreting the amend- | ment as an expression of the peo- | ple’s will which should prevail over {the narrower technicalities. The only direet effect anticipated | from Judge Clark's ruling was a | possibility that in his jurisdiction | authorities ight refuse to act against violators. This was enter~ tained by one government official here while others were emphatic in asserting it could have no control |over the actions o other district Jjudges even in New Jersey, and that vould not prevent arreste in thag under the national prohibition estion was advanced by ons Oliver. W. Stewart, presi- dent of t 3 tion, that if the eigl ment were held invalid, |teenth—it abolished slavery—al: must fall. It too, was ratificd by | the legislatures and not by conven- f tions the Skating at City Parks; Ice in Good Condition Stanley Quarter Brook rks which opened esterday was 8 been for a num- rcording to Park Su- M. Eilingwood large number of people as each of the Walnut Hill park, pected Willow m- parks, including is cx ool at Wash flooded for short time There is skating today at Walnut Hill, Stanley Quarter and Willow Brook parks that the gton park first time will within a the | Russwin Girls Meet And Plan for Supper eting of the F s* was held at the club ro ey g Supper was held an followed a business session. Plans for the annual banquet to be given in February., Ent ment was provided by Johinson, Betty Johnson, L son, Ge ude Cullinan Johnson. ON DANGER LI Dec. 17 (A—Hyman o as on the danger New Haven hospital injuries received a truck last night | Miller, 20, operator of the | held in ) bonds, on a driving MAN t today a result o | struck by as when Morris uck was ch DANA ESTAT Salem, Mass,, Dec Dana, mer All-Ame Harvard football star, left a $3( 000 estate, his will, filed here probate showed. Dana was dro while duck shooting off Marbleh | December The document crea {a trust fund for his' widow upon her death the couple's three will become the be nean nd for v @ @ Distinctive selection of Parch- ments, Lustre Paper, Etchings and reverything that reflects good taste . . . and the future trend . . . THIS year, the most exacting Card Connoisseurs are making their se- lection at the BEACON Book and Gift Shop 85 WEST MAIN RT. — TELEPHONE that the cighteenth amendment was |