Newspaper Page Text
. - - i.vv
COLUMBIA, MISSOURI, TUESDAY EVENING, JULY 1, 1919.
SALE OF BEER IS
VIOLATION. OF LAW
Attorney-General Says His
Official Statement Does
Not Give Dealers Privilege
to Sell Light DrinKs.
NO ARRESTS ARE
ORDERED AS YET
"When Congress Defines Intoxicating-
Course Will Be Clear,"
Says Cabinet Member.
Uy United Press.
BALTIMORE, July 1. Brewery in
terests won a victory here today when
Judge Rhodes sustained an indictmen'
charging a violation of the Pood Con
Judge Rhodes held that beer is not
intoxicating it it contains only one
halt of 1 per cent alcohol. The judge
stated that makers of beer with "more
Uian that amount could keep on man
ufacturing only at their own risk.
By United Press.
WASHINGTON, July 1. "Dealers
who continue to sell beer are in dan
ger of arrest and prosecution," Attorney-General
Palmer declared to
day. Explaining his official statement of
the course to be followed by the De
partment of Justice in enforcing war
time prohibition, which left doubt as
to whether dealers In 2.75 per cent
beer would be prosecuted, Palmer
"I have not granted amnesty nor au
thority for the sale of such beer. My
contention is that beer containing
more than one-half of 1 per cent al
cohol is intoxicating.
"This has been the ruling accepted
by the internal revenue bureau for
years, and I presume that is what was
meant when war-time prohibition was
passed by Congress."
Palmer said, however, that he did
not intend to order wholesale arrests
"We are endeavoring to get an im
mediate affirmative court decision as
to what constitutes intoxicating beer
in a case being tried today in Balti
more," Palmer said. "In the meantime
district attorneys have not been au
thorized to ignore the sale of beer,
nor ha-ve they been instructed to make
"When Congress defines intoxicat
ing liquor, our course will be clear.
If we arrest thousands of persons all
over the country without a definite
court ruling we shall have to make
a jury case out of each one.
"In the meantime I contend that the
ale of beer is a violation of the law."
Following is the statement of Attorney-General
Palmer telling that the
Department of Justice will not inter
fej S?or the present with the manu
faC Sre or sale of beer and light wines
cohtainlng 2.75 per cent of alcohol.
"After today it will' be unlawful to
sell for beverage purposes any dis
tilled spirit andany beer, wine or oth
er intoxicating malt or vinous liquor,
except for export. This prohibition
will continue under the terms of the
law until the conclusion of the pres
ent war and thereafter until the ter
mination of demobilization. As long
as the law thus remains in force it
must be obeyed, and I intend that the
Department of Justice shall do its ut
most to perform the duty which the
Congress has placed upon it.
"This law has been held to be con
stitutional and valid by the Circuit
Court of Appeals, sitting in New
York. It plainly makes unlawful the
sale of whisky, brandy and other dis
tilled spirits and wine. The only con
troversy that has arisen is as., to
whether the sale of beer containing
so little alcohol as not to be in fact
intoxicant is prohibited.
"The government's contention has
been that the act prohibits the man
ufacture and sale of beer contain
ing as much as one-half of 1 per cent
alcohol, but the interpretation of the
act is not free from difficulty, and I
am endeavoring to have the-question
settled by the courts at the earliest
My course with respect to beer con
taining less than 2:75 per cent of al
cohol, which, it is claimed, is not in
toxicatingwill depend upon the rul
ing which will soon be made by the
district courts, in which cases are now
pending or in which other cases may
irv Prosecute Later.
"I have no power to grant amnesty
to any who may see fit to manuiaciure
or sell beer pending an authoritative
judicial construction of the law, and
I am sure that brewers and dealers
generally understand that the penden
cy of HtigaUon will be no protection
against prosecution for offences under
the law. ', ...
"But, -with respect to whisky, bran
dy and other distilled spirits, wine and
beer containing more than 2.75 per
ite-?aM7iw-----"- --y --. -trrm--,. -r-"-'j2L L" ' ' ' ' " ..-.?-.- ... --. - ---- - '-r 11? ' 2z-S.Zz' .-jj -?!-'. . -
For Colombia and Vicinity: Centrally
fair and continued warm tonight and Wed
For Missouri: Generally fair and con
tinned warm tonight and Wednesday.
Except a light shower at a few widely
separated points fair weather has prevailed
throughout the principal grain region of
the United States and Canada. Showers
hae continued on the Immediate Gulf coast
from New Orleans to Florida;; another
excessive rain, more than 5 Inches, fell at
Jacksonville, making nearly 10 inches In
Temperatures east of the Rocky Moun
tains still approximate pleasant summer
alues but they steadily are rising every
where. The weather continues unusually
warm and dry In the Rocky Mountains, and
the far Southwest.
In Columbia generally fiir and warm
weather will prevail during the next two
or three days
The highest temperature In Columbia
yesterday was SO; and the lowest last night
was GS. Precipitation 0 00. Relative hu
midity noon yesterday was 74 per cent. A
yeir ago yesterday the highest temperature
was 74 and the lowest was D9. Precipita
'(Summer time) Sun rose today 5:47 a. m.
Sun sets 8:33 p m. Moon sets 11:10 p. m.
cent of alcohol and other Intoxicating
malt or vinous liquors, the prohibi
tion is beyond controversy, and but
one course is open to the Department
of Justice. All persons found selling
such liquors must be arrested and
prosecuted.' The district, attorneys
will cause warrants to issue for all
offenders as to the Bureau of Investi
gation, the agents of the Internal Rev
enue Bureau of the Treasury Depart
ment, local officers or others, and the
marshals and their deputies will
promptly serve such warrants.
Calls for Arrests.
"With the co-operation of local au
thorities, it is Relieved that the law
can be made effective. For this rea
son I call attention to the fact that
it the duty of local arresting officers
to make arrests for offenses committ
ed in their presence, whether the of
fense be against the laws of the state
or the laws of the United States. I
confidently expect the hearty co-operation
of local municipal authorities
and earnestly request that all police
officers be instructed to arrest per
sons found selling in violation of the
war prohibition act, and to take such
persons before a United States com
missioner, when the district attorney
will cause warrants to issue. Local
officers should also report to the Unit
ed States attorneys "evidence of of
fences not committed in their pres
ence." SEWER SURVEY COMPLETED
City Council to Determine Election
Date at Next Meeting.
The preliminary survey of Colum
bia's sewer system and needs to make
the system adequate for the city has
been completed. It was directed by
John Silver, city engineer, assisted
by E. J. McCaustland, dean of the
School of Engineering. Figures on
the estimated cost of a system to care
for Columbia's sewage with ample
septic tanks and filters will be com
pleted by next Monday night, when the
City Council will act in regard to call
ing a special election on a sewer bond
If the. council adopts the estimate of
the city engineer the election will be
called for the latter part of this
The amount of the bond issue will
be fixed to include the cost of a com
plete survey of the amount of sewage
Columbia will have for many j ears to
come and the size of a sewer system
necessary to care for it. This survey
will also determine the best way to
care for' sewage in Columbia, as in
some places the septic tank is not
the best solution.
If the bond issue carries work on
the present outlet on Flat Branch will
be started this falh The septic tanks
and filters can be installed there be
fore cold weather, it is thought The
survey of the remainder of the city
may also be completed this winter so
tha next summer will see Columbia
with a complete sewer system, un
surpassed in any city of its size.
the "suraan" tame j
A New Dance Is Coming? Inspira
tion From Apes in Congo.
A Columbia girl has received a let
ter from a friend in Washington, D. C,
who warns her that the people in the
capital are "quivering a new dance
that is soon due to reach Columbia
on its way .to the West
This new jazz-step that is to in
vade Columbia is described by a writ
er for a Washington paper as fol
lows: "The jazziest of jazz dances, the
first sensation of the summer season,
has made its appearance. It is called
the "Waa-hooa .Dance," and had its
inspiration In the Congo, where the
love talk of the apes was interpreted
by Professor Garner of the Smith
"The dance made it debut the oth
er day on the pavilion at Chesapeake
Beach and bids fair to become popu
lar among couples having nerve
enough to dance it"
CIjdD Oliver Returns From Oklahoma.
Clyde Oliver returned Friday
from Oklahoma, where he has been
working in?the,oll fields. He went to
Oklahoma following the return of
Company F, of which he was a mem
PLANS EDRI OSPITAL
Drawings for $100,000 Build
ing Shown to Board of '
x Trustees Today. j.
TO MEET NEXT WEEK
H. H. Banks Will Call Neajt
Session of Hospital Board
Two architects, Ben C. Elliot of
Mexico, Mo., and W. E. Mathews of St.
Louis, appeared before the Board of
Trustees of the Boone County Tubllc
Hospital this morning with plans for
the new $100,000 building to be locat
ed on East Broadway.
Both architects had plans which
have been used in the construction of
hospitals designed by them. Mr. El
Hot appeared before the' board at Its
first meeting, showing plans of the
hospital that is being built now in
Mexico. It will cost more than the
Boone County (Hospital.
Both architects recommended?that
thp old rpslrtpnrp which ta now on the
premises where the hospital will be
constructed, be used for a nurses'
home. Their plan was to move th'o
house to one corner of the tractVand
face it west.
H. H. Banks and N. T. Gentry-.eave
reports concerning their trip to,.Kan-
sas City, St: Louis and Mexico'on an
inspection tour of the hospitalsilocat
ed in those cities. '
' The final action of the board today
was to decide on a called meeting to
be held some time next week.
(The board adjourned at noon' to
take dinner as the guests of T. P.
kBrown of Hallsville, member of -the
Unless Exterminated, Epi
demic May Be Worse Than
One of Last Year.
Boone County is likely to go through
a grasshopper epidemic within the
next few weeks that will be worse
than the one last year, according to
the department of entomology of the
College of Agriculture. Grasshnuners
are appearing at various placeV'ovay
the county in numbers, and the ex
perts in the Agriculture College are'
advising the farmers to get busy n-
try to exterminate the pests before
they reach the flying stage.
Last year these insects destroyed
many thousands of dollars worth of
grain in Boone and surrounding
counties. To prevent a repetition of
this, the farmers are being warned to
take preventive measures before the
grasshoppers reach maturity.
The formula for the bran.mash pois
20 pounds bran
1 pound paris green or white ar
senic 4 to 6 lemons or oranges
2 quarts syrup
3 gallons water.
The wet and dry ingredients are
to be thoroughly mixed' separately,
and then combined. This bran mash
is to be sowed either late in the even
ing or early In the morning over the
infested pastures and meadows. The
above formula is enough to provide
for from three to five acres.
MRS. J. E. RIMMER DIES
Lung Trouble Causes Death After Four
Mrs. J. E. Rimmer, 620 North Eighth
street, died early this morning of lung
trouble after an illness of nearly four
The body will be burled in Howard
County tomorrow afternoon. Serv
ices at the house will be conducted at
1:30 o'clock tomorrow afternoon by
the Rev. S. F. Taylor.
She is survived ty a husband and
The Month of June Again Proved
THE EVENING MISSOURIAN
is Columbia's Best and Newsiest Newspaper .
During the month the Evening Missourian carried 4,497
''inches or 225 columns of live city, county, state,' national and inter-national
news, excluding all headlines, telegraph and local
feature stories, pictures and plate matter, a record for Columbia
Of this total amount of live news 2,904 inches or 145 col
umns was local news and the remainder, 1,593 inches or 80 col
umns, was telegraph news.
The Evening Missourian covers the local news field thor
oughly for its readers, while the United Press news agency serves
them with the best telegraph reports each-day.
THE EVENING MISSOURIAN
Columbia's Best and Newsiest Newspaper.
. i ftJI.- - , .. , .. ....j iC-vt; w .. a-, . . rr..
.'City Health Board Will Pub
lish Result of Bacteria
Tests, If Necessary.
TO FIGHT TYPHOID
Community Council Urges
Children With Whooping
Cough Be Kept Home.
Plans for the summer work of the
public health committee of the Com
munity Council were outlined at a
meeting' of the committee held in the
office of Mayor James M. Gordon yes
terday afternoon. Those attending the
meeting were: Mayor Gordon, the Rev.
T. W. Young, Mrs. J. E. Wrench, Or.
A. W. Kampschmidt, Miss Laura
Franklin, county nurse, Mrs. Brandt,
city nurse, and L. T. Hopper,, city
The dairy 'inspection will begin this
week, according to the report for the
City Health Board, made by Doctor
Kampschmidt The members of the
board will visit the dairies and have
bacteria count made of the milk. It
the milk is not up in standard the own
er of the dairy will be informed. If
Improvement in quality is not made
after sufficient time, the board will
make public the names of the dairies
having -jure nill and those havinJ
impure milk. It will take several
weeks for the board to get this work
The committee yesterday afternoon
ec'ded o see thtt th ci'y orlnaac'
requiring the covering of garbage cans
was more rigidly enforced during the
Attention of Columbia people will
also be called to the ordinance for
bidding children with whooping cough
to be on the streets. A special plea is
made to parents to keep children hav
ing this disease at home and away
from picture shows and picnics, since
whooping cough following influenza is
Members of the committee pointed
out that -it has been- several years
since man) cisterns in Columbia were
properly cleaned. A special endeavor
will be made to have all cisterns in
town cleaned before typhoid season
Before the committee adjourned it
commended highly the course taken
by Walter J. iBraselton, manager of
the Hamilton Brown Shoe Company, in
securing a marked decrease in the
number of cases of illness among the
McPHEETERS TO SPEAK
Will Address Northwestern Mutual
Life Insurance Convention.
H. M. McPheeters will be one of
the speakers at the annual convention
of Northwestern Mutual Life Insur
ance Company which will be held at
Milwaukee, July 21 to 23. Mr. Mc
Pheeters will talk upon "Taxation"
with special reference to the federal
and state inheritance tax bill. He is
a recognized authority upon taxation
and. especially in relation to inheri
tance. He will also take part in the annual
golf tournament held at the conven
tion. Charles Fawcett of- Columbia,
who has recently received his dis
charge from the navy, will also enter
Son Born to Mr. and Mrs. Lee Walker.
Word was received in Columbia this
,afternooi that a son was born to Mr.
and Mrs. Lee Walker yesterday.
Mn Walker, is a graduate of the Uni
versity and unUl recently practiced
law in Columbia. At present he is
practicing law in St Louis. The baby
has been named Robert Lee Walker.
Can Still Go to France.
The local recruiting station has
been ordered to remain open for busi
ness until midnight each day to in
clude Saturday. Enlistments will be
accepted for service in France and
Germany up to midnight of July 5.
28 WEDDINGS IN JUNE
Month of Brides Is Now December.
Says John 1. Henry.
Soldiers just returned from France
have this year kept June up to its
reputation of being the month of
"brides and roses."
"Under ordinary conditions, how
ever, June is no longer the month of
brides," said John L. Henry, recorder
of deeds, this morning. "December
has come to the front with the record
number of marriages."
Twenty-eight marriage licenses
were issued in Boone County in
June. Six of these were issued Sat
urday. WHEAT NEARLY HARVESTED
Considerable Grain Will Be Pastured
Due to Wind and Rain.
About 95 per cent of the wheat in
Boone County has been cut, is the
estimate of W. T. Anderson of the
Boone County Milling Company. There
is a considerable amount of uncut
grain that has been beaten down by
recent wind and rains, and some of
this cannot be harvested, but will be
used to pasture hogs. Threshing will
begin in a few days.
The oat harvest will begin short
ly. One farmer reports that he has
already cut one field of oats.
AUTO CBEJO JURY
Shannon Hawkins Testifies
That Accident Was
The case of the state against Shan
non Hawkins, charging manslaughter
In the fourth degree went to the jury
at 4:15 o'clock this afternoon.
.Hawkins is accused of being respon
sible for the death of Mrs. Maggie Mc
Grath, April 6.
Mrs. iMcGrath and six men, includ
ing the defendant, were riding In an
automobile driven by Hawkins which
ran off a culvert about three miles
south of Columbia on the Providence
road. 'Mrs. (McGrath was instantly
killed and severa.1 of the others were
Doctor James Jordan, one of the
witnesses for the state, testified that
Mrs. McGrath suffered a fractured
skull, a broken neck and a crushed
chest, and that -any one of these
wounds would have caused her death.
Other witnesses for the state testl
fle'd, that the car approached the
bridge at a rapid rate of speed, some
claiming that it was running between
35 and 40 miles an hour.
The testimony for the defense was
that it -R as an unavoidable acccldent
and that the car was not running more
than 25 miles an hour.
Hawkins admitted that he drank
some wine that day but said that at
no time during the day was he intox
icated. He said that Mrs. McGrath
and a. man with her hailed him on the
road and asked him to take them back,
Other witnesses for the defense
were John Stewart, E. A. Murray, Lou
is Rice and J. Fox, all of whom were
occupants of the car.
SUES FOR $50,000 ESTATE
Mrs. John Kerr Bases Claim on Adop
tion Papers of Foster Parents.
Pans, Mo, is the scene of one of
the greatest legal battles in years,
with the issue entirely new in Mis
souri courts. The plaintiff is Mrs.
John Kerr who fprmferiy livted in
Boone County at Deer Park, where
her husband was pastor of the Pres
Mrs. Kerr lays claim to a piece of
property, valued at $50,000, by vir
tue of adoption papers filed In Au
drain County probate court by her
foster parents. The defendant claims
the estate as the only blood heir.
DUST ON THE OCEAN
Marines Say Salty Water Evaporates
and Makes Salt Dust
NEW YORK, July 1. Is the ocean
dusty? Marines aboard the U. S. S.
Pennsylvania, now In port here, say
- "The salt in the air crystallizes on
the decks and bulk heads," Corporal
William H.' Allen explained to a re
porter. "It is then ground under foot
and becomes dusty, although ' we
throw overboard a couple of cans -of
dust there Is the same amount the
next time we sweep down."
ALUMNUS BUYS RURAL SCHOOL
Noted Scientist Returns Tearlj to His
Dr. Thomas J. J. See, an alumnus
nf the University, now one of the
world's foremost astronomers, recent
ly showed his love for his boyhood
surroundings by purchasing a coun
try schoolground near Montgomery
Doctor See studied in the lltue ru
ral school forty years ago.
F. R. Hughes Returns From France.
Lieutenant F. R. Hughes, who was
emanated from the School of Engin
eering in 1916, is visiting his parents
in Columbia. Lieutenant Hughes re
cently returned from France, where
he saw eleven months service with
the Uth Engineers of the Thirty-Sixth
Division. He was In the St- Mlhiei
and Argonne offensives.
1 2 YEAR SENTENCE
Jury Finds Him Guilty of
Murder in the Second
5 HOURS TO DECIDE
Divorced Wife Testifies That
Sutton Was Armed at
The jury In the Ewell Watson case
returned a verdict of guilty of mur
der in the second degree late this aft
ernoon and recommended that he be
sentenced to twelve years in the state
All the evidence in the case was
heard yesterday and finished at 9:30
last night The testimony present
ed by the defense tended to show ttiat
Watson killed Sutton in self-defense.
Mrs. Watson, the divorced wife of
Watson, testified that Sutton was
armed when he went to the Watson
farm October 16 the morning on
which the killing occured.
She testified that just before Wat
son fired, Sutton told him not to shoot,
that he did not have anything against
him. The only witnesses to the kill
ing were Mr. and Mrs. Nichols and
It was brought out in the evidence
that when the body was examined
after the shooting only personal ef
fects and a box of 22-callber cart
ridges were found In the clothing.
The shooting was a result of a dis
pute over a feed bill which Watsor
claimed was due him for feeding some
hog3 which belonged to Mrs. Watson.
She sold the hogs to her brother, Sut
ton, and went with him to the Wat
son farm to obtain possession. It
was then that the dispute to'ok place
which resulted in the killing.
Ratification of Suffrage
Amendment Will Cause
The Missouri Legislature will con
vene tomorrow at a special call from
Governor Gardner to ratify the federal
suffrage amendment to the Constitu
tion. Missouri suffragists from over the
state are going to Jefferson City to
attend this special session of the Leg
islature. As soon as the women of Columbia
receive the news of the passage of
the amendment, they will burn red,
white and blue lights on the court
house lawn in honor of the occasion.
The celebration will be announced by
slides in the picture shows here.
Today the suffragists held a pre
paredness luncheon in Jefferson City
at which leaders discussed the promo
tion of intelligent voting among the
new voters of the state.
At the ratification dinner to be held
this evening Governor Gardner will
give his reasons for calling the extra
session. Lieutenant-Governor Wal
lace Crossley will talk on "As Soon
As We Can Start" Speaker O'Fal
lon, Senator James McKnight, and
Representative Walter E. Bailey will
discuss various phases of the subject
National committeemen will discuss
"Interesting Interludes". Mrs. Wal
ter McNab Miller will also talk on
"Over the Top" and Mrs. W. E. Harshe
willgivo suggestions on "How to Hold
the "Branch Leagues Together."
Columbia women who went to Jef
ferson City to attend the ratification
banquet are: Mrs. J. J. Phillips, Mrs.
L. D. Shobe, Mrs. John N. Belcher,
Mrs. C. P. Algeo, Mrs. George Ven
able', Mrs. George Troxell and Mrs.
W. E. Harshe.
EASTERN STAR HELPS WOUNDED
Dr. John PIckard Receives Inscription
Placed on Beds In Hospitals.
Dr. John Pickard, curator of the art
museum of the University, has re
ceived a marble plate from France
bearing the inscription, "This bed is
supported by grand chapter order of
the Eastern Star of Missouri."
This plate Is the duplicate of the
plates that have been placed over
twenty beds in old French chateaux
that have been used as convelescent
hospitals for American wounded.
These beds were financed by the East
ern Star of Missouri, of which Dr.
Pickard is the Worthy Grand Patron.
Each bed cost $700, and the funds for
the twenty were raised by subscription
last fall from the different chapters
in the order in Missouri. The cam
paign was the result of Doctor Plck
TVheat Crop Good Near Maryrnie.
Robert R. Hudelson, professor of
soils in the College of Agriculture,
was in Maryville Friday and Satur
day during the harvesting of the wheat
crop in the University experiment
field there. "The crop Is good," Mr.
Hudelson said, "because the soil
around Maryville is about the best In
the state. But on account of the wet
weather, the heads of the' wheat are
not well filled. The straw, however, is