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VOL. XSCVIL <>70. 97 SCHENECTADY, N. T., WEDNESDAY MORNING, JANUARY 21, 1931 PRICE THREE CENTS

)rdinance to ?ermit Park ^xTension

roved

Wage Battle in Supreme Court Today on Validity

Of the 18th Amendment -•»

.8 App Council President's Vote Breaks Tie; Opposing

Members Protest His Balloting

if ~

Mild Weather, City's Arguments Supporting Forces Remove Snow \ a n d Opposing Recent

In Business Section Decision of Jersey Judge Are to Be

Heard

Bills to Aid Jobless Are Advancedby

Le&islature

:iTY LAW HEAD RULES IT LEGAL

seven Opponents Claim 10 Votes Required,

Not 8; State Probe Threatened

The amending ord inance which changed the park development un­employment ordinance so as to al­low the acquisit ion of land from the Parkview Cemetery Association as an addition to Central park, and which was defeated by a vote of seven to seven when int roduced in the common council a month ago, was passed when re- introduced last n ight by the deciding vote of Alder-manic Pres ident Hugh R. Mc-Par t lon .

The a ldermen who opposed the measure which permi ts the exten­sion Of Feh r avenue, protested PresTdent McPart lon Js ac t i om"de ­clar ing t ha t 10 affirmative votes were necessary for adoption, inas­much as the original ordinance, which was passed unanimously, re­quired 10 affirmative votes. Cor­porat ion Counsel Carleton H. Lewis ruled t ha t Pres ident McPar t lon ' s vote was the deciding factor, but

-yrrcn-cha-lTengrd to-pr-ftdttce-t-he-la-WT-dld not do so.

Adoption of the ordinance, which came as a surpr ise to the seven ob­ject ing a ldermen because of the fact tha t Pres iden t McPar t lon cast no vote when the same m a t t e r re-

-fi.Ull.e.d_"in a tie before, was charac -terized by Aldermen Thomas 37 Broderick and Anthony Rinaldi as "the most outrageous ac t in the his­tory of the local common council." Each of the seven in t u r n expressed indignation and refused to accept

With the rmomete r s rising to 45 degrees dur ing the afternoon the film of snow melted from the side­walks of the city's business section' yes terday while s t reet c leaning gangs with .shovels and scrapers car ted away the slush which had been packed solid on cross wa lks by a million wet feet.

T e m p e r a t u r e s remained above freezing all Monday night and while they re tu rned to sub-freezing after d a r k yesterday, there was little danger of ice except on back roads and al leyways. The only signs of Monday's s to rm in the downtown distr ict a re the piles of dirty snow in the gu t te r s at the rai l road cross-over or cl inging in limp festoons about the l ight poles.

A light wind blowing in the coun­try dur ing the early hours of Tues­day did little to cover the roads again because of the ext reme damp­ness of the last two hours of snow­fall. A h e a v y wind •will still br ing drifts in the hill section, h ighway officials believe.

The compara t ive ly mild wea the r is expected to cont inue for a n o t h e r 24 hours a t least, wea the r fore­cas te r s believe. Whitehal l repor ted T5~" fnches of " s n o w " over the week end; P o r t - H e n r y eight-inches;—War-r ensbu rg 15 inches, and Ticonde-roga 11 inches. t

Jury May Get -Gase~ef—Daisy-

De Boe Today Fate of Clara Bow's Ex-—^ereetnfy May—Be Rut-

lTp to Jurors This Afternoon

LOS A N G E L E S , J an . 20 UP).— EhanAorns-jpjLthe cay life of Clara-Bow, boy fr iends,- l iquor and poker, p a r a d e d before a jury of elderly men and women today as the tak­ing of tes t imony in the t.rial of Daisy DeBoe on g r a n d thef t cha rges c a m e to an end a n d counsel

the ruling of the corporat ion coun—launched closing a rgumen t s , sel until he had produced s t a tu te s T h e case was expected to be given or cour t decisions in suppor t of his i0 t n e j u r 0 r s tomorrow af te rnoon ruling. and may send the former sec re ta ry

T h r e a t e n s S t a t e P robe of fllmdom's, dashing red head to ^ o l l o w l n j P f f l t ^ e T ^

Bv J O H N T. S U T E R WASHINGTON, J a n . 20 t/P).—An

all-day bat t le will be waged in the Supreme Cour t tomorrow a round the citadel of ' prohibit ion — the 18th a m e n d m e n t to the Constitu­tion.

The Supreme Court which up to this t ime has consistently upheld the a m e n d m e n t aga ins t all a t tack , will hear a r g u m e n t s suppor t ing and opposing the recent decision of Judge Clark of New Jersey holding it invalid. '•

T h e a t t a c k i n g forces claim they have a weapon new to the warfare which has been wag ing for 11 years, a n d will be able to ba t t e r down the bu lwarks .

The defending forcks, with equal confidence, declare t he ba t t e r ing r a m s Which will be used a re not new. a n d defeat will a t t end the as­sault .

When Wil l iam H. Sprague and Will iam J. Howey came to tr ial be­fore Judge Clark on a cha rge of possessing a n d t r anspo r t i ng 50 half ba r re l s of beer, he quashed the ind ic tment on the ground the 18th a m e n d m e n t was invalid be­cause ratified by s ta te legislatures ins tead of by s ta te convent ions.

Solicitor General Thacher , former­ly a dis t r ic t judge in New York city, is to p resen t the a r g u m e n t suppor t ing the validity of the amendmen t , while Ju l ius H e n r y Cohen a n d Selden Bacon will be heard in opposition.

Since Judge Clark 's famous de­cision on December 18 ano the r Fed eral Distr ict judge—and a Fedcra :

Circuit Court of Appeals have ren dered decisions sus ta in ing the pro­hibition a m e n d m e n t aga ins t s imilar a t t acks .

eTh^r^llre~ai)'peat"preF!ents-new'; ground for a t t a c k i n g the validity of the amendment , or old issues al­ready decided by the cour t will hold a p rominen t place in the a rgu­ments .

Cohen and Bacon today submi t t ed i.hair—heii£f._in_ reply to t h a t of the government . I t follows closely the"

Roosevelt's Treatment of General Appropriation

Measure Meets With Criticism

Majority of Law Enforcement Commission Favors Revision of Prohibition Law But Is

Opposed to an Outright Repeal of Statute

111

f i

Report Embraces Dozen Positions Taken by the Individual

SEEK 18 MILLION Bl'ILDING FUNDS

Conflicting Documents Ranging Over Scale

of Wet and Dry Possibilities

TWO MEMBERS URGE A-REPEAL

Law Enforcement Commissioners

Ask Money for Highway, Hospital Construction

to Help Offset Un­employment

ALBANY, J a n . 20 panied by cr i t ic ism

UP).-— Accom-

Four Ask Revision of Amendment, Two See

Solution in Stricter Enforcement and

Referendum

W A S H I N G T O N , J a n , 20 UP)—The o'f Governor law enforcement commission 's pro^

Roosevelt 's t r e a t m e n t of the gen­eral appropr ia t ion bill, the legis­la ture today advanced to the order of final passage $1/8,000,000 wor th of construct ion bills to be used in off­set t ing unemployment .

The appropr ia t ions represented-a-pprt ion of a $48,000,000 group of bills for h ighway a n d hospital con­s t ruct ion and a few smal ler i tems. They were removed from the ex­ecutive budget and sen t to the legis­la ture as emergency measures in order tha t the money appropr ia ted might be used__prqraptly to hire

J a b o t s Senator J o h n Knight , major i ty

leader of the upper house, said from the floor t h a t the Republ icans .already had indicated their desire to co-operate with the governor in hur ry ing the measures through. H e added, however:

"It is a m a t t e r of considerable re­gre t to us tha t in examining the

that ' the hospital "building, p r o g r a m has been curtai led r a the r than ex­panded and the money made avail­able by a Republ ican congress to extend road const ruct ion p r o g r a m in the s ta te will be used, if this hud get- ia-adogteg._aC tual)y ttr-rer

Broder ick declared t h a t In t he event the a m e n d m e n t is allowed to rer main on the records as an adopted measure, he would request Gover­nor F rank l in D. Roosevelt to order a Moreland ac t invest igat ion of the local city government , beginning with the" mayor ' s office.

The legislation was enacted and bi t ter r e m a r k s made by both sides a t one of the s tormies t sessions in council his tory and before the larg­est crowd which has a t tended a meet ing In recent years . Applause greeted the r e m a r k s of the seven a ldermen objecting to the Feh r ' ave -nue a m e n d m e n t a n d from the rear of the audience cames "boos" as Mayor H e n r y C. -Fagal spoke fol­lowing the adoption of the measure .

Charges tha t the F e h r avenue work was intended, under the guise of an unemployment relief measure, to benefit the "Park View Cemetery Association, a t the expense of the taxpayers of the city a t large were made by Alderman Rinaldi .

Alderman J a y DeFores t produced the official city m a p to suppor t Al­de rman Rinaldi 's al legations. He also produced figures to show t h a t of the $126,000 appropr ia ted for un-

•' employment relief t h rough the pa rk development measure November 5, some $20,170 has been paid out in wages while $25,000 has been spent

. for land. He " suggested several ways in which the unemployed could be given work in the pa rks and o ther pa r t s of the city toward p e r m a n e n t improvements wi thout buying any more land.

DeFores t T a k e s H a n d Alderman DeFores t declared that ,

(according to law, t h e - c i t y cannot devote park land to public s t reet purposes. He also said t ha t if the P a r k View Cemetery Association is allowed sufficient t ime to make a real ty development of its land, as is its intention, according to the official city p lanning map, the city will in t ime be given the crosstawn-s t ree t as a gift. Such procedure is usual in the case of real ty develop­ments , he contended.

"Who moved the line back on the official city map so t ha t the city a t large will have to pay for the pave­ment and sidewalks on the Fehr avenue extension, If it should be passed? ' ' asked Alderman Rroder-

«• ick. He also asser ted that Dean ^street proper ty would be ruined if

the extension of Fehr avenue is done according to the plans of- the adminis t ra t ion .

Defends Sincerity

or free he r of the alleged tljeft of $15,300 f rom Clara. If convicted, she also migh t receive probat ion .

David Clartc, chief prosecutor , in a brief closing a rgument , accused Miss DeBoe of del iberate per jury . While she . wen t everywhere wi th the ac t ress under the guise of a companion . Clark said "she was in real i ty a thief, s teal ing from Miss Bow r igh t and left."

• "If you believe Miss DeBoe's tes­t imony," he concluded, " then the tes t imony of every prosecut ion wit­ness w a s del iberate perjury."

Clark b rough t for th points in the tes t imony deal ing wi th the lives of the' two women a n d the i r boy friends, Rex Bell, the cowboy in Clara 's hear t , and curley headed Alfred Mathes , whose swee thea r t is Daisy. Pu rchase s of liquor, gam­bling debts arjd o ther episodes in thei r lives also were called to the i j u ro r s as Clark sought to show how | Miss DeBoe commit ted the alleged :

theft . -•, I Clara was not in the cour t room |

for this las t scene a l though the s t a t e would have had her the re if j her physic ians had permi t ted her to leave her home, where she is 111 with a cold.

Bu t Miss DeBoe was there , pr imed for a las t fling. She led the list of witnesses who crossed the s t and before t ak ing of t es t imony closed and claimed that , wha t eve r Clara was now, she saved for her .

T h e r e w a s only $30,000 to t he Bow t r u s t fund when she took over the flnanaclal reins, Daisy testified, a n d when she lost her job las t Novem­ber $227,000 was piling up in te res t in a bank "because 1 a r r a n g e d it so t h a t Clara could not touch I t " .

The damper Judge Wil l iam Doran put on recr iminat ions flung by the two women earlier in the tr ial proved ineffective only once in the closing testimony. Re la t ing w h a t s he bought for Clara. Daisy l isted a $600 beer -making mach ine and with a show of anger J u d g e Doran quickly s t ruck that from the record as a p a r t of the "mud sl inging," abovit which he said he wan ted to hea*r no more.

Rex Bell and Alfred Mathes had their t u r n s on the witness s tand a n d succeeded in cont radic t ing each other .

Mathes said Miss Bow gave him a pair of $75 pa jamas and a

line of reasoning of J u d g e Clark 's opinion.

Numerous a t to rneys have sought permission to in te rvene a n d file briefs in connection with both sides of the controversy.

Among these were cqunsel for the associat ion for the a d v a n c e m e n t of eolored peoole, which contended t h a t if the l&th a m e n d m e n t w a s in-

tures , then the a m e n d m e n t ending slavery also was invalid. ..->...

duce the amoun t to be pald^by NeW

hibit ion repor t embraced a dozen conflicting documents ranging over a sca le of w e t : a n d dry. possibiljAies t h a t prec luded only the old saloon or the government going into the liquor business. —The—major report , s igned by all the 11 commiss ioners except Monte M. Lemann of Louisiana, declared flatly aga ins t ei ther repeal or modi­fication to pe rmi t beer or-wine. Im­mediate ly adjoining were the indi­vidual repor ts o£ six m e m b e r s r ecommending either immedia te ah^Mtinn of the , amendment^ or^ Jts^ revision.

The compromise a g r e e m e n t of the commission as a whole concluded t h a t t he re has yet been "no ade­quate observance or enforcement ," a n d r n a c h i n e r y to this end "is still inadequate ."

I t . said federal enforcement has improved under its a l tered regimes of the pas t three years, andi wha t -

W A S H I N G T O N , Jan . 20 t .P>.~Here's the position t aken by the indi­vidual law enforcement commissioners :

C H A I R M A N G E O R G E W. W I C K E R S H A M : "A fur ther tr ial should be made of nat ional prohibit ion's enforce­

ability, wi th s t reng then ing of enforcement agencies." H E N R Y W. A N D E R S O N : "The dry a m e n d m e n t can not be enforced, so should be modified to j

i l low congressional control of the liquor traffic, a plan for which he submit ted."

N E W T O N D. B A K E R : | "Repea l of the amendment and remit ta l of the problem to the s ta tes i

is the solution." ADA L. COMSTOCK: "Enfo rcemen t is impossible without more public suppor t , bu t re­

vision is advocated ra ther than repeal of the amendmen t . " W I L L I A M I. G R U B B : "Cons t i tu t iona l prohibition is entit led to further trial , b e c a u s e ' i t is

an uncomple ted exper iment and no satisfactory subs t i tu te has been presented."

* W I L L I A M S. KEN YON: . "Enforceab i l i ty deserves a further trial, and if demons t r a t ed prohi­

bition can no t be enforced any bet ter than in the past, then the amend­men t sb^oiiIdJie„mQdJiiecLlo_empower Congiess to deal wi th the subject . Meanwhile, a re fe rendum on repeal should be held."

M O N T E M. L E M A N N :

!A Divided Congress Gets Wickersham Report, With Message From

President; Placed on Shelf

PRESIDENT AGREES WITH COMMISSION

Senator Borah Declares, Repeal or No Repeal,

18th Amendment Is Issue to Go Before

the People

W A S H I N G T O N . J a n . 20 (JP).— The long-debated report_ q f _ l h * W i c k e r s h a m commission, broadly

j uphold ing const i tu t ional prohibi t ion " S u p p o r t of public and law agencies of the s ta tes a n d cities, essen- I b u t leaving the door a ja r for bas ic

g o v e r n o r s b u d g e ^ w e ^ a ^ - - f o u n j f ^ e - r - - f f i e - o u t c o m e the-benef i ts de=; TivedTinder the dry laws should-be re ta ined. For the immedia te future, it r ecommended increased appro­priat ion and personnel for enforce­ment , and variolas s t a tu te s to im-prove conditions.

- N ot^even-tnese-^elfonimgrnlTrtiTTrrs

France* Italy, Naval Truce Is at an End

$75

P A R I S , J a n . 20 i/P).—The naval t ruce between F r a n c e and I ta ly h a s come definitely to an end. it was learned in official q u a r t e r s tonight , and both countr ies now a r e free to engage in wha tever war sh ip build­ing they wish.

So far as F rench official circles a re aware , the hoped for pour­par le rs between the F r e n c h a n d I ta l ians a t Geneva have not been resumed, following their b reak­down last summer . The F r e n c h say they have not lost hope of a n agree­m e n t but seem to see no immed ia t e chance of successful negot ia t ions .

Tonight ' s a n n o u n c e m e n t t h a t t he t ruce definitely was ended is re­garded as significant. F r a n c e has been ready to accept pa r i ty wi th I ta ly in the Medi te r ranean , it is unders tood, b u t w a n t s an addi t ional 150.000 naval tons to offset the pro­jected German fleet and ano the r 100.000 to keep up communica t ions with her distant colonies.

Three Nominations .Confirmed by Senate

ALBANY, Jan . 20 </P).—The sen­a te today confirmed Governor Roosevelt 's nominat ions of H e n r y Morgenthau , jr., as commiss ioner of conservat ion, Thomas F . Behan as supe r in t enden t of Insurance, and Wal t e r N. Thayer as commiss ioner of correct ion.

WOMAN K I L L S S E L F T U X E D O P A R K , J a n . 20 (IP).—

Apparently* despondent because of the illness of her husband, a police­man, Mrs. El i jah Pr ing le com­mit ted suicide here today by shoot­ing. Her husband had been unde r hospital t r ea tment for several weeks.

• R E D CROSS S U B S C R I P T I O N S W A S H I N G T O N . J a n . 20 </P).—

i Subscr ipt ions to the $10.000.000-na-! tional relief fund asked bv the Red

Cross today totalled $812,000. P l t t s -lou'nging robe fbr 'h i s b i r thday last I bu rgh subscribed $102,000; Buffalo, Augus t 3 and Daisy paid for it out *>•• Y- $13,900. of he r own a c c o u n t Bell followed him and said that , instead, Daisy

trrcrrrmn-Simon EtKiii said the t p r o p o g i u i - C l a ^ - g i v e ^ V l f r r d ongj THE WEATHER

• , « , , , ,-, - R a s l e m New Yurk: Mnstly CIOIKIY aldermen had proved the sincet itv j present and she the o ther but Daisy j d n ( J r o | d p r w i t h | i p h t j o o a | s n o V v s of their feeling for u n e m p l o v m e n t i P»'d «° r "or own

York for h ighway purposes ." The sena tor said_he-i3ethrv*ed-tha-t-

when congress increased funds to be paid s ta tes for h ighway purposes it was wi th the idea t h a t the money would be used in addit ion to s ta te funds and not to b r ing about a re­duction in the individual s ta te ' s sha re toward h ighway building.

Hit* Roosevel t P l i a ^ ^ _ ^ ^ W h a t ^ t h e g o v ' e r n o r s 2 p ^ ^ s ^ > r t o

do is to reduce the. s ta te ' s normaP appropr ia t ions for roads by $5,000,-000," Sena tor Kn igh t said, "and to .make it up out of the federal aid money. T h a t i s ^ t a k i n g $5,000,000 in jobs away , from the people out of work.

I "At the same t ime we note that i he has reduced the appropr ia t ion j for much needed hospital facilities.

Now I hope he won ' t come to us in a few mon ths and tell "lis ajfain t ha t overcrowding in the hospitals is caused by a penur ious Repub­lican legislature t h a t refuses to ap­propr ia te money for the case of the unfor tuna te w a r d s of the s ta te .

"The members of the legislature will recall t h a t in the s u m m e r of 1929 we made an ag reemen t with the executive to app ropr i a t e funds for 6,000 beds a y e a r for th ree years, in order to b r ing our building pro­g r a m up to date . W e appropr ia ted for t h a t n u m b e r of beds las t year. This , the second y e a r of the agree­ment , when beds a re needed for the sick and jobs are needed for those able to work, the governor proposes to reduce this p rogram to 4,800 beds."

The Republ icans have prepared a resolution which Senator Knight said he hoped would be supported by Democra ts , cal l ing on the vari­ous executive depa r tmen t s of the s t a t e gove rnmen t to inform the legislature w h a t plans are now ready for immedia te let t ing of con­t rac ts , how much appropr i a t ed in pas t yea r s for bui ld ing r emains unused and to give the legis la ture as ftoon as possible a bui lding pro­g r a m covering a n u m b e r of years .

State Commission To Study Supply of

Water Is Requested

ALBANY, Jan . 20 OP) . -As an ou tgrowth of a season of drought , a legislative resolution caling for the creat ion of a commission to s tudy the problem of wa te r supply and distr ibution as a s tate-wide problem will be in t roduced by two ups ta te Republ ican legislators.

The measure , to be introduced by Senator Fred J. Slater and Assem­blyman T r u m a n G. Searle, both of Monroe county, calls for a com­mission composed of four assembly­men and three sena tors .

"With probably the most con­s t a n t and a b u n d a n t supply of wa te r sources of anv s ta te in the Union,"

consent of gained the unan imous the members .

Individual R e p o r t s In thei r individual reports , two

c'Ofnmlssio'ners declared prohibi t ion unenforceable and urged repeal ; four asked revision of the 18th

tial to enforcement , is lacking as is sufficient reason to believe it c an be obtained, so repeal is the only al ternat ive. Meanwhile, con t inuance Df efforts to enforce is a duty."

F R A N K J . L O E S C H : _ J . "Effective enforcement of the present amendment is una t ta inab le ,

so revision should be unde r t aken to empower-Gongress to control liquor traffic."

K E N N E T H MACKINTOSH: "If fu r the r efforts a re not product ive of reasonable enforcement an.d

abservance a n d pr iva te and s ta te co-operation, revision of 18th amend­ment should give Congress power to meet changing conditions and dif-fefing s i tua t ions fn~dIfTerenrrocaltttes/ ' —— —

PAUL—Jr-MceeR-^iieK-i———;

"An oppor tun i ty should now be given for a fair tr ial of the prohibi­tion exper iment . If conditions a r e not—improved—within—a—Reasonable-time, the a m e n d m e n t should be "revised to empower Congress to deal with the problem. The quest ion of repeal should be put up immedi-atelv to the public th rough s ta te convent ions."

R O S C O E POUNDS - — . - -"The dry a m e n d m e n t should be revised to, preserve federal control

and provrde -a—check- against-r-e4ur-n--of—the-saloon-;—and—to^allow '.an effective control adap ted to local condi t ions in p laces -where , a s th ings are a t least, it is futile to seek a nat ional ly enforced total abs t inence ."

revision, was pu t on the crowded"^" ca l enda r of a divided Congress to­day by P r e s i d e n t Hoover.

T h e P r e s i d e n t agreed wi th t h e _ commission t h a t the d ry—amend—-men t should- not be repealed. H e disagreed " w i t h a suggest ion t h a t revision m i g h t be_.the._be_t£e_r. p a r t of wisdom. H e pointed out to t he l a w m a k e r s t h a t all t he commiss ion- -ers favored l a rge expansion of en­forcement facilities, a n d . said he hoped Congress would consider th&t__ at some a p p r o p r i a t e t ime.

T h e a r r iva l of the r epor t on capi-tol hill s e t off explosions t h e r e t h a t

" p r o m i s e d — t o b f t h e a r d i h ~ t h e - n e x t • election.

S e n a t o r B o r a h of Idaho , a n ad­vocate of prohibi t ion, sa id repea l or no repeal of the 18th a m e n d -m e n t waa the issue and d e m a n d e d t h a t it be t a k e n to the people.

Commission's Report Immediately :^=I=G^ner^tesr-Cwnii^tmg^Comments

(By t h e Associated P r e s s ) — T h e W i c k e r s h a m repor t immedi ­

ately gene ra t ed such confl ict ing c o m m e n t s as follow:

Sena to r Borah , Republ ican, Ida ­ho, a prohibi t ionis t—"The repor t will soon t ake its place in the dus t

•{paid for her own present relief by passing the original* bond j Clara ' s money, issue and tha t th'ev were willing to At lecesses the two boy appropr ia te more funds to p r o v i d e ' w e r e found conversing on

out of

work, but not to buy more prop­erty. He declared he believed the chamber of commerce , the m a y o r * commit tee on unemployment re-

fr iends the as­

pects of the trial In an an te room and the hardsh ips it WAS working on them.

"Why," Mathes said. "I 've lost " lief, and the t rades assembly, all of j or 20 pounds and I only weigh 125 which have announced their favor i pounds now." of misled Alderman Pitkin re i te ra ted his ob­jection thAt the taxpayer* of Ihe city hAd not heen„feiven an oppor­tunity to voice their opinion In the mat te r . He also objected on the grounds tha t no district of aaaeM-ment Is provided for And thAt the Improvement is no immediately necessary. '•

.Alderman J . H a r r y Yale* »Ald the promise of the Administration t ha t the money WAS to be* spent for development In All p a r k s had not been kept , Inasmuch A* work had not- been done In PleasAnt Valley park .

The Republ ican a ldermen who opposed the F e h r avenue ord inance originally have been " tor tured, ridiculed, and horsewhipped" by the adminis t ra t ion and ordered by the pa r ty heads to vote for It when It c ame up again . Alderman Brod-

. e r i ck charged. "TheVe must be fomethlhg behind this Insistence t h a t the a m e n d m e n t be passed," he said.

(Continued on P a g e Two.)

Bell.

in the inter ior Wednesday, fair a n d colder Wednesday n igh t ; T h u r s d a y fair with rising t e m p e r a t u r e in wes t portion.

Western New York : Ix>cal snows and colder Wednesday, fair and colder Wednesday n igh t ; T h u r s d a y increasing cloudiness wi th r is ing t empera tu re .

Western Pennsy lvan ia : Snow flur­ries and colder Wednesday , fair And colder Wednesday n igh t ; ThursdAy

wi th r is ing tempetAture .

a m e n d m e n t ; two saw the best solu­t ion in s t r ic te r enforcement a n d a r e fe rendum to determine--sent im£nt | on the upper shelf a n d the g r e a t wrule^the^yemaJLnlftggJli^^ fu r the r m a l a n d more ' enf.orceTnenT: . Mr .Leman. r i , a, New Orleans law­yer, r ecommended repeal . ' W i t h h im in t h a t s t and was Newton D. B a k e r of Cleveland, former secre­ta ry of war .

H e n r y ^ W . Andersbn. Richmond, Va., lawyer, Dean Roscoe Pound of H a r v a r d , Miss Ada Comstock. presi­dent of Radcliffe College, and F r a n k J. Loesch, Chicago a t torney, were those s t and ing for revision of the amendmen t , placing upon Con­gress the t a sk of de te rmin ing w h a t the sys tem of prohibit ion should be.

Those for fur ther trial and a na­tional re fe rendum were Federa l Judge William S. Kenyon of For t Dodge, Iowa, and Federa l Judge Paul J. McCormick of Los Angeles.

Judges Stand Together Cha i rman Wickersham, Federa l

Judge Will iam Grubb of Birming­ham, Ala., and Kenne th Mackin­tosh, former chief justice of the Wash ing ton . Supreme Court, stood for both a fur ther tr ial and im­proved enforcement of t he -p resen t system.

Anderson, however, went consid­erably beyond other members in recommending a definite system for gove rnmen t liquor control to re­place absolute prohibit ion.

I t would be based in pa r t upon the Swedish system, set t ing up a nat ional liquor control commission and a corporat ion to m a k e and sell liquor, wi th sister organizat ions in the var ious s t a t e s to dispense it un­der a license system. Five of the commiss ioners urged this proposal be given considerat ion. They were. Kenyon, McCormick, Mackintosh, Loesch and Pound, the first two do­ing so with reservat ions .

Even in its majori ty repdrt, how­ever, the commission looked with appa ren t favor upon revision of the 18th a m c n t l m t n t Likewise it praised the Swedish avsfem.

"I t would seem wise," the main repor t asser ted, "to el iminate the provision for concurrent s ta te and nat ional jurisdict ion ov.er enforce­ment conta ined in the second sec­tion as the amendment s tands . *

Provis ion Not Accomplished "This provision has not accom­

plished wha t was expected of it. and there are no signs that it eve

1 should line to s e e " t h o s e - op=~ pos"ed to the 18th a m e n d m e n t p r e ­sent the i r a l t e rna t ive a n d let t he people choose be tween t h e m In a n order ly a n d proper fashion," he said .

Sena to r Blaine, Republ ican , Wis-^ciorisin.-an_QRP-Qrient of t he d r y law.

in t roduced a resolut ion for a sub-I s t i t u t e prohib i t ion a m e n d m e n t s imi-

Cha i rman Fess, of t h e Republ i - l a r to t h a t t he commiss ion outl ined. can nat ional commit tee , prohibi t ion advocate—"The r epo r t in the m a i n is sound a n d sa t i s fac tory ."

Senator Howell, Republ ican , ~Ne^ braska , prohibi t ionis t—"I a m gra t i ­fied t ha t it isn ' t worse than it is."

t£ ^wilL £ 0 fo rward ^ort^ rtepeal t Republ ican Leader Tilson, of the fr^~pY£lT*~~^Js;^::'T^~ ' '"KS*^^THbuse==*±!

Sena tor Walsh , Democra t , Massa­chuse t t s , anti-{prohibitionist—"The r epo r t is a n exhaust ive ind ic tmen t of prohibi t ion, Mr. Hoover t akes his s t and wi th the prohibi t ion wing of his p a r t y a n d nails his own a n d his pa r ty ' s banner t o ' t h e dry •masthead."

Bishop Nicholson, of the Meth­odis t Episcopal Church, pres ident of the Anti-Saloon League—"So far as I have the facts in general they a r e most grat i fying."

Sena tor Tydings, Democra t , Maryland, ant i -prohibi t ionis t—"The s ignif icant th ings is t h a t af ter two yea r s s tudy a major i ty finds t ha t prohibi t ion is unsat is factory ."

Sena tor Jones , Republ ican, Wash­ington, a prohibi t ionis t—"I like the c lear cut, -definite s t and the P re s ­ident t akes . The re is no quest ion abou t his position."

Rep re sen t a t i ve La Guardia , Re ­publican, New York, ant i -prohibi­t ionis t—"The repor t shows the im­possibility of enforcement and the noble exper iment which still is a failure af ter 10 years and won' t be a success after 20."

F. Scott McBride, nat ional super­in tendent of the Anti-Saloon League —"It is a good report for us, and wha t we had a r ight to expect."

Represen ta t ive T inkham, Repub­lican. Massachuse t t s , a.nti-prohibi-

| t ionis t—"The recommenda t ions of the r e p o r t t aken as a whole a re an insult to the intelligence of the Am­erican people."

Andrew J. Volstead, au thor of the Volstead act—"Most of the recom­menda t ions made by the commis­sion have my cordial approval ."

is no t work ing out the solution -of the ' p r o b l e m as. its f r iends had" hoped. I t ind ica tes t h a t the com­mission as a whole has no hope tha t the solution will be found th rough const i tut ional prohibi t ion."

Represen ta t ive Black, Democrat , New York, ant i -prohibi t ionis t—"It is quite evident the Whi te House, under the guidance of the Anti-Saloon League, d i rected the con­clusions. I t is a fine mix tu re of trrpe. hash a n d baloney."

Mrs. El la A. Boole, pres ident of the Women's Chr is t ian T e m p e r a n c e Union—"We are gratified t h a t the report justifies our fai th in prohibi­tion as the best method of deal ing wi th the liquor traffic."

Sena tor Blaine, Republ ican, Wis­consin, ant i -prohibi t ionis t — "The first 100 pages d e m o n s t r a t e s con­clusively t h a t prohibi t ion is a fai lure."

Sena tor Sheppard, D e m o c r a t Texas, au tho r of the 18th amend­ment—"I am del ighted wi th the substant ia l ly dry recommendat ions coming from the commission."

Represen ta t ive Igoe. Republ ican, Illinois—"It is wishy-washie."

Cha i rman Snell of the House rules commit tee—"I t leaves the s i tuat ion as confused as ever."

Among those who refused com­men t were :

Cha i rman Wicke r sham, of the commission; Federa l J u d g e Will iam Clark, of Newark , who recently held the a m e n d m e n t inval id; Democra t i c Leader Garner , of the House ; Sena­tor La Follette, Republican, Wis­consin; and the Association Agains t the Prohibi t ion Amendment .

will do so. I t is anomalous to hav? two governments concurrent ly en­forcing a general prohibition. Ac­tion on the part of the states can not be compelled. If it comes, it will c o n n voluntari ly by s ta te en­ac tment and enforcement of state

New Buildings for Elmira Reformatory

Suggested in Report

ALBANY. J a n . 20 (.P). Wal te r j W. Nicholson and John S. Kennedy of the s t a t e commission of correct­

i o n , in a report on conditions at the ' E l m i r a reformatory , made, public today, s ta ted that a t least 60 per cent of the inmates are either men­tally abnorma l or subnormal .

i The commiss ioners reported tha t the re formatory "in spite of many

I handicaps , cont inuea . to be opera ted .upon a very high plane ""or~TrTl-ciency, and the m a n a g e m e n t de­serves commendat ion for the re­sul ts achieved."

Find 7 Bullet Holes in Body of Enid Marriott)

Slain Teacher in Colo.

F O R T MORGAN., Colo.. J a n . 20 OP).- The mystery of the disap­pearance of . Miss E n i d Marr io t t , Wiggins, Colo., school teacher , w a s part ial ly solved ton igh t .

Seven bullet holes were discovered in her body today when It waa thawed from the t omb of Ice In which it was found ye t e rday in an i r r igat ion canal n e a r F o r t Morgan .

The motive Tor the m u r d e r and the person responsible for the cr ime were still u n k n o w n .

H a r r y E. Moore, n o r t h e r n Colo

H i s p roposa l would give Congress the power to regula te l iquor traffic, b u t n o t to p r o h i b i t

T u r n s B a c k to W o r k Af te r . the first s t o r m of words

subsided, Congress t u r n e d b a c k to its b u r d e n s o m e legislat ive task* T h e r epo r t was sen t to the" jud ic ia ry

a t e wi th indica t ions tha t , i t ^would r e m a i n there , unt i l n e ^ Sess ion a t least . v -

C h a i r m a n Nor r i s of the Sena te jud ic ia ry commi t tee -said he ex­pected, no act ion by it a t this ses­sion, a l though he would n a m e a sub­commi t t ee to s tudy -the Bla ine p ro ­posal if t h e Wisconsin sena to r de­sired.

W i t h the r epor t w e n t the le t te r -of P re s iden t Hoover . T h e P re s iden t briefly reviewed the personnel of the commission a n d the scope of Its 18 m o n t h s tudy.

Mr. Hoover m a d e no d i rec t refer­ence to t he fact t h a t six of t h e 11 commiss ioners a s k e d for repeal or modification. N o r did he men t ion the s t a t e m e n t by the whole commis ­sion t h a t a revision to e l imina te c o h e u r r e n t power to t h e s t a t e a n d na t ion would be wise.

H e reviewed t h e gene ra l r ecom­m e n d a t i o n s for i m p r o v e m e n t of t h e en fo rcemen t m a c h i n e r y a n d sa id :

"The commiss ion by a l a rge ma­jor i ty does no t favor t he repeal of the 18th a m e n d m e n t a s a m e t h o d of cu re for the i n h e r e n t abuses of the l iquor traffic.

" I a m in accord wi th th i s view. * • •

"I do, however , see ser ious objec­t ions to, a n d the re fore m u s t no t be unde r s tood as r e c o m m e n d i n g t h e commiss ion ' s p roposed revis ion of the 18th a m e n d m e n t wh ich is sug­ges ted by t h e m for possible cons id­era t ion at- some fu tu re t i m e if t h e con t inued effort a t • e n f o r c e m e n t should n o t p rove successful . My own du ty a n d t h a t of all execut ive officers is c lear—to enforce t h e l a w wi th all t h e m e a n s a t o u r d isposal w i t h o u t equivocat ion or r e se rva ­tion." "

Of the commiss ione r s ' two advo­ca ted o u t r i g h t Tepeal of t he 18th a m e n d m e n t , four u r g e d revis ion of t he cons t i tu t iona l c lause a n d the r e m a i n i n g five favored fu r the r t r ia l a n d s t r i c t en fo rcement . All of t he commiss ion except one, however, jo ined in p ropos ing s t r e n g t h e n i n g of en fo rcemen t agencies .

T h e commiss ion "opposed the re­t u r n of t he saloon, or federal or s t a t e l iquor sale.

One of Its members , H e n r y W. Anderson , presented a plan for fed­eral control led pr ivately operated mercan t i l e liquor es tabl ishments , Three, m e m b e r s Indorsed the Idea, and two o the r s ' gave a qualified rec­ommenda t ion t ha t it be considered.

The commission opposed modlfl-

m

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1

m

3

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1 ff 1

out any basis s t i tu t ion ."

in the federal con-

> h r avenue project, were r "Tha t ' s tough." sympathized bv the adminis t ra t ion , "you sure do look kinda thin."

Mathes testified DMsy frequent y tt 6 in* c l o u d l n M 8 pAid CIAIA'P bills out of her own pocket . Last October, on her re­t u r n from New York, he said, she , told Daisy to "get me A lot of new th ings . " He said ClAr* told him j she WAS going to go out a lot And needed clothes, jewelry And fur coals .

T h e n to the tune of $1,600 And | $1,700 at a t ime, the s ta te clAlms. j some of It she gave to Clara and ! Daisy bought and bought and some of it she kept . Tomorrow, or soon a t least, the jury will decide the case.

8 T E A M K R A R R I V A L S __» N e w York—Pres iden t Garfield,

Mani la ; Caledonia,--Glasgow; Bre­men, B r e m e n ; Ascanla, Soxithamp-ton ; Vulcanla, Naples .

Algiers—Bri tannic , N e w York . H a v a n a — C a r i n t h i a , ' New Y o r k ;

Caronla , New York . Monaco—Resolute, New York . G ib ra l t a r—France . New York ;

[ F t a n c o n i a , New York.

racitimaff»j& » > » • • »

I lev* to *it Wfor^ v

And l«t my tXoi^kw drift uricor\fm*d.

TV\* fWr** d*ra* $Mty . tn i t* <Jr»vt«.— —~

T}* dr*vfrv5 flit pjV/ throvxJk my mind.

the in t roducers of UU nTPmntrtrttaid-MfrWr—^PhereVatee-e*n—de-44u*-with*_ tonight , "New York finds many of Us in ter ior a r e a s In a dangerous s ta te of water dest i tut ion. The fact that large a r ea s suger ing from dry wells and dried-up small com­muni ty sources ,were forced to plead for the use of wa te r s from the barge canal Is basis enough for b rand ing the p resen t s ta te wa te r supply as wholly inadequa te present ,and future needs."

rado road worker , cha rged wi th ab- i ,. , lt „„v-» «,««„« « « H The repor t advocates the erection . ductlon was re leased today on bond | cat ion to permi t l ight wines a n a

M 528

£1

Virtual ly all were uni ted , in the' to which might be commit ted first s t a t emen t that if such fevi<ion ^ . l ? 0 1 ; ; ! w h o a , ' V n » " h a t i s t P r m '

of a new inst i tut ion, with a cap^q~m*-$2,00b. His pre l iminary hcaTTng city of not more than .VK) Inmates , was set for J a n u a r y 30.

-beerr

should t ake place, the form of the a m e n d m e n t to replace the 18th should read substant ia l ly as fol­lows:

"The i Congiess shall have phwer tO j to regula te or to prohibit the man-

(Cont inued on Page 21.)

Tinkham to Renew His Fight on Bishop Cannon

WASHINGTON, J a n . 20 </P).-~ • c lsm of Bishop Cannon has been Represen ta t ive T i n k h a m announced the, l e t t e r ' s refusal to account for today he p lans to renew before . the $65,300 con t r ibu ted by ant i -Smith Sena te campa ign funds commit tee ; D e m o c r a t s dur ing the presidential his fight to compel Bishop J a m e s : election. He has accused the Cannon jr., to explain how he spen t ' bishop of a "shameless violation of $65,300 lit the .1928 pres ident ia l elec- t he co r rup t pract ices ac t " and in a t lon. ; speech in the house last sessioir

The Massachuse t t s Republ ican sa id: sa id he, would renew charges he ) "Under all the c i rcumstances , m a d e before t he Sena te lobby com- until Bishop Cannon has made, mit tee , In a speech In the House under oa th and subject to cross-and to the a t t o r n e y genera l . examinat ion, under duress or other-

He will appear , he said, and place wise, an explanation of how he t h e "facts before Sena tor Nye's ex-; spen t $48,300 of the m o n e y . h e will

ed the "hopeful class. "Under the present scheme." says

the r e p o r t " the feeble-minded and i psychopathic , and tht* degenera tes , I a re sent to associate with a few 'first offenders and fairly n o r m a l l n -mates who are all commit ted to the same Insti tut ion,

"The super in tendent es t imates that there are about 500 inmates of

( th is Inst i tut ion who a re dist inctly j in the hopeful class, and if segrc-jgAted from the hardened offenders ; and hopeless ones here, a sys tem of j educat ion And trAlning might be set u p which would br ing results which

! would be very much wor th while In '' r e tu rn ing these boys to free life."

Town Bans Fire Truck, But Hires 6 Truckmen

T A R R Y T O W N , J a n . 20 <7P).—A s t r ange s i tua t ion exists in Har ta -da lc ."

T h e . t a x p a y e r s had a mee t ing las t night, vot ing on two proposi t ions

Charges of abduct ion aga ins t Melvin G. McClanahAn, Mitchell, Neb., farmer, probably will be dropped. Sheriff Rufus Moore were the only persons ar­rested in connection wi th the school teacher ' s d isappearance , Novem­ber 16.

Authori t ies said evidence against Moore is wholly c i rcumstant ia l .

Diversi ty of View* pending Widespread diversity of views a*

' t o the best solution of the problem were spread over 100 pages of t h e full document , compris ing t h e 1 1 repor ts of the Individual member s .

S tand ing flatly for o u t r i g h t repea l of the 18th a m e n d m e n t were N e w ­ton D. Bake r of Cleveland, f o r m e r sec re ta ry of war , a n d Monte Le­mann. New Or leans l awyer . . TH«

An exhaustive alibi, port ions of which have been checked a n d veri­fied. "

*

f

Moore denied knowing Miss Mar- former declared in favor o t h a v i n g riott and has supplied officers with | the "whole ques t ion of policy k n d ,

enforcement with regard to prohi­bition remitted to tha ataUlA*

The four memberi united, fo* early revision ot the prohlMUbft laws were Anderson, Miss Ad* ContV stock, president of Radcliffe CeV-lege; Dean Roicos Pound ot H*r»~ vard and F^ank J. Loesch, Chicago attorney, ^

Prior to presenting his liquor control plan, Anderson concluded that prowMUott; !»vrltt not bt «b* served and cannot b* enforced,"

Miee . Comstock declared hei

Day in Washington | -X .

By the Associated Presa. President Hoover transmitted

Wickersham prohibition report to Congress, where it loosed a flood ot comment

Irt r./v«A HillV, « . A « I « > .Vina. <v# l » . ¥ 1 V . n *

mm rF to cope with growing mass ot leg 1 si at I on.

Red Cross announced 1812,000 re* One was for the purchase of a 1 celved In its $10,000,000 drive. $13,000 fire truck; the other was ,to President Hoover accepted invlta

pendltures committee whenever lt is ready to receive them.''

TlnkhanV* principal point of critl-

stand convicted In the eyes of all honest men of Jhavlng appropriated the money to his own uses.".

pay six men to operate the truck. The proposition to buy the truck

lost. The proposition to engage six men to operate it won.

Hartsdale, ergo, has six truckmen and no truck, >

tlon to participate In dedication of Harding memorial in Marion, Ohio.

Senate agriculture committee en­dorsed hill to authorise farm board to devote 30,000,000 bushels of

IVheat to ilMK purpose*. .

Is Impossible, out the support of a much {iroportlon of o\

t now comma* hope federal « more effectlVS*, states she favored than rep**!/*/

Dean, Pound: "f utlts U t f g j ^ gsnstst

1M

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