New Britain herald. [microfilm reel], July 10, 1925, Image 1

About New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976

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NEW 'BRITAIN HER ALB
.News of the World
By Associated Press
Average Daily Circulation For
Week Ending -l Q AO A
July 3rd.... IjUoU
ESTABLISHED 1870
NEW BRITAIN, CONNECTICUT, FRIDAY, JULY 10, 1925. -TWENTY-FOUR PAGES
PRICE THREE CENTS
ONE CLAUSE OF MOVIE LAW
UNCONSTITUTIONAL ADMITS
A TTY. REPRESENTING STA TE
Shipman Says If Part
Allowing Commission
er To Impose Penalty
Without Hearing
Stood Alone, It Would
Be Wrong.
If One Section Is Violation,
Whole Thing Is, Plain
tiffs Argue Briefs to Be
Filed in Ten Days.
New Haven, July 10 UP) After
hearing argument on the constitu
tionality of the new state motion
Mm 4ax and censorship law, this
morning in United States district
court Judge Rogers of New York
Drdered the attorneys for plaintiffs
ind state to file briefs within ten
days.
Plaintiffs Arguments. "
Argument for the plaintiffs the
Fox Film Coropration of New York
end the American Feature Film
Company, Inc., of Boston was pre
sented by George Wickersham of
New Y'ork while Arthur L. Shipman
presented the case for the governor,
Tax Commissioner Blodgett, Deputy
Tax Commissioner Splain and other
etate officials named In the com
plaints filed by the plaintiffs.
Mr. Wickersham claimed the law
v. as unconstitutional because it "was
a direct violation of the freedom of
commerce among slates and against
the constitution of the country."
Shipman Defends Taw.
Arguing that the plaintiffs had no
interest In the enforcement or non
enforcement of the law except
through a possible loss In business
In this city Mr. Shipman said that
It was not for 'us lawyers and judges
to decide" whether the law was a
(rood or bad one, as it had been pass
ed by the legislature, signed by the
governor and is now a. law the Bame
as others enacted in a like manner.
He said that the governor had affix
ed his signature to the bill and then
had made public reason for so doing.
On Had Clause.
' When questioned by Judge Henry
W. Goddard, who with Judge Thom
as Thatcher was sitting with Judge
Rogers, concerning a clause in the
law which permit..' the revocation of
a permit and collection of a tax
when certain pictures, first permit
ted to be shown under special per
mits without the imposition of a tax,
then found to be violating the law
nre shown, Mr. Shipman admitted
that if that sentence, giving the com
missioner power to Impose the penal
ty without a hearing stood out alone,
the law would be. unconstitutional.
He said that the law was to be
applied as the commissioner saw tt
and that he knew the difference be
tween a good and bad picture,
Mr. Wickersham In rebuttal to Mr.
Rhtpman's argument, said that If
part of the act is unconstltutlonaJ
and the commissioner construes the
act as arbitration, the entire law is
unconstitutional.
Tn presenting the case of the two
film companies, Mr. "'ickersham
traced the movement of films from
the headquarters of each company
to the exhibitors. In the case of the
American Feature company, he said
hat all films were sent direct to ex
hibitors while with the Fox films the
release was sent to the New Haven
fxchange and delivered In Connec
ticut from hece. He mentlcned that
there were only two places where
lhe tax might be paid, New Haven
9nd Hartford.
Speaking of the law, he said that
(Continued on Page 22)
JOHN D. ROCKEFELLER
GIVES ESTATE TO SON
roraatlro Hills Home Heeded Over
To Avoid Payment Ot Inherit
ance Taxes Later.
White Plains, N. T July 10
John D. Rockefeller, today deeded
to his son, John D. Rockefeller, Jr.,
his Pocantico Hills estate at Tarry
town, his home for many years and
alued at $1,738,500. The deed was
filed with the Westchester County
Registrar.
County officials said that the
deeding of the estate to his son by
Mr. Rockefeller would exempt it
from heavy inheritance taxes which
would be assessed if the property
were inherited. The officials said
Mich taxes would have reached
several hundred thousands of dol
lars. If the estate had been left to the
younger Rockefeller in a regular
win, the inheritance tax would have
exceeded the cost of the revenue
taxes several times. If the property
had been transferred as a gift the
tax would have approximated J100,
000. The estate, which comprises more
than 6.000 acres, lies in the two
towns of Mount Tleasant and Green
burg, a . specially-constructed nine
hole golf course, used by the elder
Rockefeller in his dally golf. play,
is Included in the estate.
A government tax of S1.73S.50 was
imposed in the transfer of the pro
perty, the largest such ta collected
In the history cf Westchester
H
Great Falls, Manhattan and j
Three Forks Tremble
NO SERIOUS DAMAGE KNOWN
Tremors Lasted But Few Minutes,
But Were of Marked Intensity
Throe Forks Reports Most Severe
of AU Temblors
Helena, Mont., July 10 W South
western Montana again today was
disturbed by earthquakes that were
felt here, at Great Falls, Three
Forks, Manhattan and Billings. No
widespread damage was reported. -
The quake was most pronounced
at three forks where it lasted for
two minutes.
People Frightened
At Manhattan and Three Forks
people rushed into the streets as
bricks began toppling from the
ruins of chimneys left by former
quakes.
Although the quake at Great Falls
lasted but a few seconds, it was
somewhat like that of June 27 in
intensity.
At Billings many Inhabitants were
unaware that the city had been vis
ited by quakes, workmen on build
ings being the first to report the
earth's inward convulsions.
Lasted Three Seconds
Great Falls, Mont., July 10 tPv
Great Falls was rocked at 7:45 this
morning by a short but pronounced
earthquake whose intensity was
compared with that felt here on
June 2". The tremors lasted about
three seconds.
MARRIED Ml KILLED
BY HIS GIRL FRIEND
Tragic Shooting and Sui
cide Occurs in Auto at
Rumson, N. J.
Rumson. N. J., July 10 4i Ser
geant Detective Henry D. Availing of
L.ong Brancil, and Miss Mary A.
Linzmayer, of Atlantic Highlands,
were killed early today in Waiting's
limousine at Walnut street and Hart
shoro road by bullets through the
heart which police said were tired by
the girl from Walling's service re
volver. Serge Mendezzo, a watchman on a
nearby estate heard two shots at 2
a. m. He found the bodies in the
parked car and notified Rumson
police.
Walling was 2S years old, married
and the father of one child and 'lie
son of William D. Walling, chief of
Long Branch police.
Miss Linzmayer was 22 years old
and was graduated from the nurses
training school of Monmouth Memo
rial hospital, Long Branch, this
spring.
Coun'y Detective Rue found both
bodies in the. rear seat of the car.
Walling's revolver lay on the car
floor.
PoJtce said that finger prints on
the barrel and butt of Walling's re
volver proved conclusively that Miss
Linzmayer shot Walling and then
killed herself.
The girl left, the hospital last
night at 8 o'clock.
She was the daughter of Mr. and
Mrs. Jacob Linzmayer, of Atlantic
Highlands, and attaind highest
honors of her class at her gradua
tion from the hospital this spring.
Motive for tne shooting has not
been established. Police expressed
the helief that it. was the end of t.
suicide pact brought on by Walling's
attachment for the girl.
DEMANDS SEX EQUALITY IN
USE OF SWIMMING POOL
Girl Writes to Mayor Paonossa Ask
ing Why Women Were Over
looked in Schedule.
In the agitation for evening swim
ming hours for men at the Willow
Brook park swimming poo!, the idea
of providing similar recreation for
women was overlooked and in a let
ter received at the office of Mayor
A. M. Taonessa today, a young
woman asks the reason. She ad
vises the mayor that girls are urged
to learn to swim, then dented equal
privileges. She suggests that eve
nings be set aside for girls, many of
whom, she writes, will take advant
age ot the pool facilities.
Rnrlv nf Harlfnvrl tt'nmjn
4-r Wa J M. 1JLUI iauiu n vtiiuu
Is Found in Fairfield
Bridgeport July 10 lP rolice
are investigating the finding early
today on the banks of the Mill Riv
er, Fairfield, the body of Miss Mary
Grlswell, 55, 1801 Broad street
Hartford.
Miss Griswell disappeared Wed
nesday afternoon from the home of
Mrs. Louise R. Severance a nurse,
and the Hartford police had been
asked to make a search for her.
The woman has been 111 for mere
than 'tn years and her mind la af
fected. ,
NEW YORK AND CAMBRIDGE REPORT
SENSATIONAL DAYLIGHT ROBBERIES
4 I T . .Th t -a-.
mm UUtt I ION
lo ALL-IMPORTANT
This Believed to Be Issue
Kellogg Is to Discuss
DEBT PROBLEM THE OTHER
Secretary Hastening To Swampscott
For Conference With Coolldge
European Countries Not Strong
For Conference On China,
Washington, July 10 W Under
Secretary of State Grew made ar
rangements today to leave for
Swampscott, Mass., to meet Secre
tary Kellogg, who is en route to the
summer White House from St. Paul.
The under-seeretary will be the
bearer of state department ex
changes which have taken place
since Secretary Kellogg left Wash
ington last week for an indefinite
vacation stay at his St. Paul, Minn.,
home, and will submit them to the
secretary as a basis for conferences
with President Coolldge.
Important Subjects
There is reason to believe that the
two most important subjects to be
discussed between Secretary Kellogg
and President Coolldge are those re
garding the Chinese and debt situ
ations. A certain amount of reluctance
has arisen abroad toward participa
tion in the proposed conference on
the Chinese question. Secretary Kel
logg has taken a stand in favor of
a discussion between the powers
signatory to the nine-power treaty
of the Washington conference relat
ing to China and the governments
whose representatives approved a
resolution then dealing with extra
territorial rights in the Far East.
Europe Not Anxious
While none of the governments,
including Great Britain, France.
Italy, Japan. Belgium, the Nether
lands and Portugal, has actually de
clined to participate tn the confer
ence, thetr objections as to the meth
od and time of such a meeting have
been such as to give Secretary Kel
logg some concern.
It is the secretary's belief that a
conference should he held as soon
as possible to keep faith with China I
In carrying into effect the promises
stipulated by the resolution and to
call upon the various governments
to give assistance toward the at
tainment by the Chinese government
of Its desire to reform Its judicial
system and to obtain freedom from
worry over troublesome special prlv-
lieges enioyea vy loreiguerii in v.wiki t
Relinquishment of extra-territorial
rights in China, it is believed
here, would go far toward the elim
ination of friction between foreign
ers and Chinese, a principal cause
for recent riots in Shanghai, Canton.
Peking and other Chinese centers.
Opposition to participation in a
conference dealing with extra-ter-ritorlality
has been found on the
part of several governments to be
based on the belief that the Peking
government, admittedly weak and
incapable of enforcing law and or
der, Is unprepared to assume respon
sibilities which it would be necessary
In the event limitations upon Its
political, jurisdictional and admin
istrative freedom are removed.
Ratisfication by the French par
liament of the Washington confer
ence treaties, which was accom
plished today, while not relating di
rectly with the extra territorial is
sue, would have an Influence on
clearing away preliminary obstacles
to a final agreement.
LEAYES ESTATE TO DOG
St. Louis Man nad First Selected
Home for Canine From Among
1.200 Offers.
St. Louis, July 1" UP) Jacob Siler,
83, died last night, leaving a trust
estate ot $5,00" to care for his dog,
Joe, as long as Joe lives. Joe stayed
by his master to the last.
Last January, anticipating death.
Siler advertised In a newspaper for
a home for his pet dog. He received
almost 1.200 offers. After much de
liberation Siler selected the home
stead cf W. P. Mertz. near here,
which has a pond for Joe to swim in,
a dog and children for Joe to play
with, and a home for Siler himself.
After Joe's death and if Joe ha6
been "cared for exactly as Silver spe
cified, Siler's estate of perhaps J5,
000 is to be divided between Merti
and Otto F. Schmitt. a friend cf Siler
for SO years.
Sues for Half Million
For Husband's Love
New York, July 10 A suit for
$500,000 for alienation of affections
has been filed by Mrs. Walter Scott
Roberts, wife of the former presi
dent of the Pennsylvania Textile
company and nationally prominent
in that industry, against Miss Ger
trude Warnken, his private secre
tary. Its entry in the supreme court
was disclosed today when Justice
J,evv vacated a notice of examina-
ttlon petore rnai.
I Mrs. Roberts alleged in her com-
olalnt that her husband and Miss
Warnken had been living together as
man and wife for upward of three
years and that two children had
been born to them. She placed her
husband's estate at 10.000,000.
RIFFS ARE REriTSED
Fei. French Morocco, July 10 VP)
The French official eommunique
today says most of the enemy tribes
men who recently came south of the
Quergha river, as part of a threat
ened Riffian drive upon Taia. have
been forced hash to the north side
ot the river by th French.
Gems Valued at $20,000
Taken in Fifth Avenue
Holdup While Bandits
Get $25,000 in Mass. City,
Looting Armored Truck.
New York, July 10 UP) Two
armed men held up the office of
Barnett, Robinson and Co , In Fifth
avenue, at Forty-fifth street today
and escaped with diamonds and
other gems worth $20,000. rollce
believed the robbers were the men
who shut and killed a jeweler in
the same building five years ago.
Near Police Headquarters
Headquarters of the Fifth Avenue
police squad are only one block
from the scene of the robbery. The
squad wn organized for the special
protection of Fifth avenue following
the robbery five years ago, when
F.dwin W. Andrews, president of a
jewelry linn, was shot and killed by
robbers who escaped- with loot
valued at. J 50,000. Despite offers of
huge'rewards and a world wide
search, these robbers were never
captured.
Tuday's hold-up was on .a floor of
the building directly below that one
on which Andrews was killed.
Hold-up In Cambridge
Cambridge, Mass., July 10 P'
Four bandits today held up the
driver of the American Trust com
pany's armored auto truck and
drove off with the machine while
the bank messenger was Inside the
Neapolitan Ice Cream Co. plant
on Landsdowne street this city.
Bandits abandoned the bank ma
chine a half a mile away from the
scene of the hnld-up and escaped in
another car with the hank funds,
which officials place at about $25,
O00. Olilalnifl Much I.oot
Tn spite of the official statement
by the bank treasurer that the loss
was $11,001 the police insisted that
the robbers obtained $25,000 0f
which $ 15.000 was in cash. They
said the car left the bank In Boston
with, $20,000. Before the hold-up
occurred the messengers had deliv
ered a payroll of 5", nun and made
two collections totalling $7,ooo. In
the abandoned car the police found
$00 which had been overlooked.
FATHER ARRESTED ON
DAUGHTER S STORIES
I UodgfjcJ t
McQuanic
and Friend, Frank B.
Hewey, Locked Up
After hearing from the lips of the
nine and 16 year old daughters of
Roderick N. MaoQuarrie. 44. of 12S
Cherry street, what he termed one
of the most revolting stones ever
told a police officer. Detective Ser
geant William 1'. MeCue went out
yesterday afternoon and promptly
arrested, MacQnarrie and this morn
ing went to Hartford and brought
back Frank B. Hewey, 4. of 35
Laurel street, that ci'y. both being
held on a techniral char, of
the peace. MacQnarrie was brought
before Judge Benjamin W. Ailing in
police court this morning and his
case was continued until tomorrow
when he will be arraigned along
with Hewey and the charge changed
to one more serious.
Hewey, when brought to police
headquarters here this morning,
slated that he was at on time a
regularly ordained Methodist min
ister and that he preached in Ash
land. N. Y. Hewey Is emploved at
the Arrow Electric Co., Hartford,
and MacQuarrie Is a door sweeper
at Landers. Frary fir Clark's.
Information turned over to the
welfare association worker and in
turn brought by her to the detec
tive bureau, sent Sergeant MeCue
hurrying to the respective bonns of
the two girls yesterday. The mother
of the girls has been dead for a year
and the nine year old girl Ins been
living at the home cf a kind'y-spir-ited
neighbor, while the. oiler girl
has been keeping house for her
father. It was the guardian of the
younger girl 'who reported the case
to th welfare worker.
Sergeant MeCue Interviewed fh
two children. He immediately
down to the factory where
Quarrie Is employed and pine
under arrest at 4: So o'clock
day, first confronting him v
stories of his daughters an
having the girls themS' vs
their stories in his pretenc
Acting on further nfc
Sergeant MeCue hastened o
ford Immediately after poV.-e
was over this morning s"d at P'
headquarters In that c!-v. Hew
was turned over to him. Hewey
was safe in the lockup a she-rt time
after.
Final Workouts Today
In Women's Contests
rasadena. Cal., July 10 (4n.pit1ai
workouts for the lafl athletes who
are gathered here for participation
tomorrow afternoon in th" women's
national A. A. I, tra-k and field
championship meet at Tournament
Park, were on today's program.
Thirteen events, three for men. are
scheduled.
Eastern women athletes are fav
orites here to triumph over th.nse of
the middle west and far west in the
women's titular events.
Otto and Norman Anderson, two
Southern California slars. are favor
ed to uphold western honors tn the
nntiopal A. A. V pentathlon cham
pionships, which will be held 1n
conjunction with ths women meet
ft X
f 1
m m
V 1
FLYING AUTO RIPS
PORCHOFF HOUSE
Narrowly Misses Plainville Man
Sleeping on Veranda
DRIER ESCAPES INJURY
With Police in Pursuit, William So
loskl of New Britain Crashes Into
Home of W. A. Hyde Arrested
on Four Counts.
(Social to ths HraM.)
Flatnville, July 10. Climbing the
front of a house in an automobile
driven at a high rate, of speed was
the experience of William Soloskl,
10, of 3tl Silver street, Nw Britain,
early this morning, while W. A.
Hyde of this town underwent the
even more terrifying shock of being
awakened by the machine as it
plowed alongside his bed. All in all,
it was a bad night for Soloski, and
he ts in jail now awaiting trial for
practically all the crimes on the
books.
Soloskl In on probation in New
Britain, and reported to the proba
tion officer early In the evening,
but there his law-abiding tendencies
ceased. Returning to his home, he
borrowed his father's automobile
without consent and set off on the
Plainville road. The Plainville po
lice had been looking for Soloskl for
several months, and three of them.
Constables Fred Callen, William
Buys and Thomas Royce, were clus
tered on East street shortly after 1
o'clock as Soloskl went by. Callen
whistled for the driver to stop, but
soloski had other intentions. He.
turned out the. lights and Btepped
cn the gas, fairly Hying down East
street to Tomllnson avenue with the
officers in full pursuit.
Drives I'p Onto Veranda
And then Soloskl made his mis-
take. He thought he turned into
Broad street but he actually swung
into Tomllnson avenue. So, as he
flew up what he thought was a long
straight road, he reached a turn and
the Hyde home loomed in front of
him. As William admitted, he had
been In this position before, so he
merely ducked behind the wheel.
The car .smashed into the front
veranda, climbing, the steps and
being stopped only after it had
broken through an 8x6 inch plank.
Mr. Hyde, who had been sleeping
on the porch, was rudely awakened
:y the impact, but before he could
1 catch Soloskl the latter had hopped
from the car and disappeared. Cal
lci passed the spot on his motorcy
cle a few minutes later, but went by
in the darkness and the auto was
not discovered until Buys and Royce
canto along in another auto. The
three thn resumed the search for
Soloskl and picked him up on the
New Britain road about two hours
later. He was arrested on charges
of reckless driving, driving without
a license, evading responsibility and
failure to obey the signal to stop.
Veranda Torn From House
The veranda, which runs the
whole length of the Hyde home, was
torn from the house by at least six
incites. The steps were completely
.splintered, the screening was ripped
off, the pillars were broken, and the
whole porch was knocked out ot
shape. The damage Is estimated at
about $1,000. The automobile was
totally demolished, the radiator and
front springs being jammed far back
info the rest of the machinery.
Soloskl escaped with a cut mouth
and .;vere bruises about, the body,
only a miracle preventing his death.
Soloakl's father was Interviewed
by the authorities this morning and
satii that his son had stolen the car.
The boy himself was sore and stiff
but kept up a bold front and told the
officers he had been tn these scrapes
before. He will be held for trial tn
the local town court, but no date
has yet been set.
ROMANCE SHATTERED
Winthrop .Mass., Couple Who Floped
July 2 Are Arrested Ry Police at
Syracuse.
Syracuse, N. Y . July 10 (.Ta What
was intended to have been a roman
tic elopement by automobile ended
disastrously here today for Mary
Elizabeth White. 15$, and Myles A.
Madison, 20. who said they were
from Winthrop, Mass., when, the au
tomobile ran out of gasoline and the
two were arrested by state troorrs.
loung Madison confessed, the
apers said, to have stolen the car
his father and he was bocked
ehnteal charge of grand lar-
'ie pair started from their
July I they said and by
obs along the read, man-
as far as North Syra-
l-h they eventually hored
trip really romantic by
alo and Niagara Falls.
e told the state troop
fter her arrest that she
'ter of Captain Charles
WniTTJ.e Vntted States army
i medical curps. stationed at ths Bos
ton airport.
HIGH TH'E
o
.Tuly 11 (Standard Time)
At New London t:08 a. m.:
1:45 p. m. At New Ilaven,
2:45 a. ni.; 3:33 p. m.
THE WEATHER
o
II art ford. July lf).FCTe
rajl for New Britain and lt
r'nity: Clearing tonight; Sat
urday fair.
V 1
CHEERS GREET BRYAN AS
COURTROOM
GRAND JURY
Interesting Sidelights On Case
Attracting World-wide Attention
Courtroom, Dayton Tenn., July !
iP) Development ot the Scope case
was as follows:
March 13: Tennessee legislature
passed Butler "Antl-Blvolntlon" bill.
March 21: Governor Austrlii Peay
approved the bill.
May 5, John T. Scopes charged
with violation of act at Dayton In
warrant Issued at Instance of George
W. Rappleyea.
May 9, Scopes given preliminary
hearing and held for grand Jury
action.
May 25, Rhea county grand Jury
called In special session, indicted
Scopes,
May 25, Rappleyea withdrew as
prosecutor In favor of Walter White,
superintendent of schools, Rappleyea
becoming active in the defense.
May 25, Judge John T. Raulstnn
ordered special term of court July
10 to try Scopes.
The, defendants John T. Scopes.
24, formerly science teacher tn the
Rhea county (Tenn) schools, his
first position after being graduated
from the University of Kentucky.
The scene: Rha county circuit
court at Dayton, Tenn., a town of
2,00 population.
The judge: Judge John T. Raul-
Lion
rvnhihte
durntion: Estimated at
from two weeks to a month.
The prosecution: Walter White,
superintendent of Rhea county
schools and official prosecutor; X. T.
Stewart, attorney general of the
i . mill, . iiiii i -. no. ........ ,
, William Jennings Bryan. William
.Jennings Bryan, Jr., Sue K. Hicks,
! j. o. McKcnzK Wallace C. Haggard,
Herbert E. Hicks,
Ti,e defem-v: Judge John R. Neat,
chief of staff: Clarence Harrow.
Dudley Field Malone, Arthur Gar
field Hayes, Bainbridge Colby John
(Continued on Page 15)
ami WINS FIGHT
OVER MAIN ST. LEASE
Judge Ailing Rules Segall
Voided Right to Evict
Tenant
Judgment for the defendant ren
dered today in the city court by
Judge Benjamin W. Ailing in I In
case of David S. Segall vs. Angvlo
Gagliardi. Segall. who is proprietor
ot a store tenanted by Gagliardi at
519 Main street, brought a summary
process for the eviction of the, tenant
claiming violation of the lease agree
ment because of Gagliardi's comic
lion for violation of the prohibltn;
laws. Judge Ailing tonnd in his
decision that the alleged breach ot
the lease agreement happened in
December. 1924. whereas S.p.ill enn
tn accent rent from ; tenant
up to May 1. 1025. H
Segall had the right tc
liir.ll n the time of til
fated that
evict Gn;;
b reach but
th
fact that he had n-e-m-i ic.
from
him four t.mes sun e in- .
l,rni,-!i f,-onrre.l. voided t1'
right
and Gagliardi is given the right to
remain as a tenant in tlv store.
A jurv this morning derided in
favor' of' the plaintiff in the amount
of $S04 this morning In the city
court in tl.e case of tl-. Salem Trad
ing & I-Tuaiire Co. against Fusetv
raquette alla!) o P:i.u"e. The
session was presided over by judge
Ailing. The lawyers representing
the parties involve 1 pairrd off into
ams of brothers wi'h lW.il anl
Israel Nair representing 1h Pontiff
and Ponahl and Cyril rep
resenting the deter dan;.
It was claimed b t.
that the Asb-stes Ltd. cf
had a n.gotiable ir.str'
$2SS alleged to b sicne
ouette and er lre-f 1 by
tog Ltd. o th S.ileri
Finance. Co. ! w vr--payment
and r.i p---'-'
pav it claiming 'hit h ?
the note and w -? si.l .
plur'.if
w ork
-,-t for
by m-
Asbes
: ill'g
e,i tons-
1 to
- tisrr . d
triii'l
and m1srepr"Vat-on?
raquette claim-, ' t!:a h" "'as t
become the 1) ag'-V Mr the As
bestos I.M They ,.-t I 'm nvr-
l rpan,iis. to t
i.-re,i V-:'
T'-e suit
the company .
this sllec-itio-.
he dent
was base
pav.
r-i.vi.-f
ffr.enr.-r H
Wc
-r.-!"..n of
Pl.-mhet-S
n ! Hit's
; .... .'an' s
Hlg'Fl.
the hirv a" t he ot'-c
were TV-reer M. Ml'.l?
F. Hedce. .Limes M F'.rr
F Andrews anl fiecr?'-
mOPC.FTT W W I INtT.t ASF
W.,.nr,1 .T-l'v 10 ATTVPCIheUX
tf-en applications for inrr.
arv which "tp h.-'ove
ase in f al
the state
board ot ron-rol st
Thursday wa. ths
s pw-c on
Tax Coum'.s-
an
year
At the present tvm Mr i .o ,-
gett receiv
siiary of ?..', " ami
i. u n tT.-iveling ar. 1 personal
expenses" ?:,5"0. I
anno homfi vs
Manila. July 10 (P Mere than
5,000 persons have been mad home,
less by a typhoon which wrecked
hundreds of small house In Cam
arlnes Frovlnce. On the s'rength of
reports received here, the Red Cross
todav sent assistance to the stricken
area.
sinner William H I-IP"' :r " operators today aeeunea to ms
Increase of $2. "00. w'-i h ouid , rue this disclosure, other than to
make 'his compensation M'W a . f,y they stood upon the proposals
IN EVOLUTION CONTEST;
VOTES NEW
EVOLUTION TRIAL
Germany and England Especial
ly Interested in Case
BRITISH CLERGYS' VIEWS
Many Xoted Divines Consider Ten
nessee Law "Ignorant Fanaticism"
Papers in Smallest German
Provinces Printing Stories of Case.
London, July 10 UP) Some of
England's most noted divines and
scientists condemn the Tennessee
law forbidding the teaching of evo
lution, in a symposium published by
the Weekly Nature. These views
were assembled by the Weekly be
cause the trial at Dayton, Tenn., of
John T. Scopes for teaching the
theory of evolution Is attracting al
most as much Interest tn England as
in the United States.
Some of the opinions quoted say
the Tennessee law Is the result of
"ignorant fanaticism," that it is a
"mediaeval gesture," and a "curiosi
ty in the history of civilization."
liishop Shocked.
The Bishop of Birmingham Is
uiioted by Nature as saying: "As one
I who values intellectual freedom, I
lain slioel.-pd that Ane-lo-Kaxon com
munities should seek by legislation
and prosecution to prevent the
spread of knowledge.
"As a. Christian, I am dismayed by
a movement which opposes a reason
able formulation of the Christian
faith. The normal, educated, Chrls
lian Britain regards the process of
evolution as the machinery whereby
God created man. Every divine of
any emminence among us accepts
this point of view."
Catholic. View.
Nature ouotes the Rev. A. F.
I Day. of the Catholic church of the
j Immaculate Conception, London, as
! saying: "I do not regard the teach
ine of evolution in any moderate
form as necessarily conflicting with
I the revealed account of creation,
! but of course such teaching lends
1 Itself fairly readily to being made a
vehicle for communicating an antl
rejiglous bias."
Sir Ed win Hay T.ankester, distin
guished scientist, said: "The normal
and healthy result of excluding from
state colleges studies which many
citizen wish to have accessible to
themselves and their children must
be to produce a boycott of those
state Institutions and the endowment
of free colleges to take their place."
K. W. Macliride, professor of zo
ology at the Imperial College of -Science,
London, said: "The most
practical obection to the fundamen
talist position is its entire futility.
(Contlr.ued on Page 14)
ANTHRACITE MINERS
SEND OUT ULTIMATUM
Won't Agree to Arbitration
Xor Agree to Work
After September 1
.V'-in'ic Citv, N. J., July 1" 14
Anthracite miners will not listen at
this time to proposals of operatore
to agree upon arbitration tn event
of .1-a Lock in the coming .negotia
tions, or to agree to remain at work
a'''--r September 1. whether a con
tract has been signed or not.
Th- miners' sub-commi'.tee of six
- : -e 1 this decision at a meeting in
a.iv anc."1 rf the opening of actual ne
gotiations 'his afternoon. No official
s i:em-nt was made hut it was
learned from a responsible represen
tative of the miners' union that ob-,-
o-ion to the proposals was based
;pon -wo grounds. Jmnr He was h'isv shaking hsisds
l-i -st, the miners were said to feel i . ,
'hat with soen weeks until S"ptm- I
her 1. there wis still plenty of time I
to reach an agreement if cne were:
VSMO;e. L'JII I. nvn'iaius .i.;v
iv.formation. the miners frowned up- i
on. a-nitriticn m a nenei laai oprr- i
iters w, emit try to make it the f'.ib-
sr.tu'e for the present negotiations.
Or."! the miners agreed to submit
my differences to arbitration, if was
faid. they would be uncomfortable
tor fear the mine owners would
b ook decision being reached here at
A"antic City tn a "play" for a Ju
dicial decision later on.
made by samnei it. warrmer. crair-
, man 0( ,ne anthracite operators
i center. nc. Arbitration and a non-
strike pledge wer simply measures
caicu ated to serve public interest,
they said.
BIOS FOR BOFT
New Haven. July 10 An effer for
a bout between Babe Herman and
Champion Kid Kaplan at New Ha
ven has been made by Tony Paollllo,
matchmaker of the Nutmeg Athletic
club.
HE ENTERS
INDICTMENT
This Action Overcomes
Technicality Under
Which Legality of
Original Finding
Could Have Been As
sailed.
Another Change in De
fense Lineup Seen as At'
torney Godsey Fails to
Appear Great Crowd
Throngs Courthouse.
Dayton, Tenn., July 10 0F A nw
indictment, based upon the evidence
responsible for the old document
was returned against Johu Thomaa
Scopes by a Rhea county jury here
today. The Indictment charged vio-
latlon of the recently enacted Ten
nessee law prohibiting the teaching
of evolution theories In the public
schools.
The technicality involved was the
question of elapsed time between tha
summoning of the special grand
Jury In special session and the meet
ing of the body. Thirty days should
have separated the two. Reindict
ment today cured this defeat, it was
said by attorneys.
On motion of the attoorney gen
eral the former Indictment against
Scopes was quashed, having been su
perseded by the second official
document tn the case.
Change In Counsel.
A last minute change tn counsel
for the defense was Indicated by the
failure of John L. Godsey, Dayton
attorney, to appear with the other
lawyers in court after his absence '
from a conference of defense attor
neys last night had been regarded
as significant.
Cheers For Bryan.
During the rlrst two hours of to
day's court session one outburst of
cheering came from the hundreds
of spectators crowded into the court
room. It marked the arrival of
William Jennings Bryan to begin hit
work In connection with the prose
cution of Scopes.
Several schoolboys, former stu
dents of Scopes, were called befor.
the grand jury to testify. They were
followed by the presentation ns evi
dence of Hunter's biology, the text
book used by the defendant, and the
testimony of Walter While, super
intendent of the Rhea, county schools
and prosecutor of the case.
Attorney-General Stewart stated
to the court that the state would re
sists vigorously that evidence at
tempting to reconcile evolution and
the Bible and that the defense was
just as insistent that, such testi
mony was competent.
The attorney-general - suggested
that an adjournment be taken until
9 o'clock tomorrow morning when
the discussion of this question would
be renewed.
"Some of the visiting attorneys In
the defense camp have not become
acclimated. We are willing to give
them half a day."
Judge Raulston said he was re
luctant to lose an afternoon and
suggested a recess be taken with ths
possibility of proceeding at once to
the selection of a Jury.
The court proceeding to adjourn
until 1:30 o'clock, the judge In
structing the sheriff to have 100 men
in court at that hour to Insure the
completion of the panel.
Crowd Arrives Early
Spectators began to find seats In
the courtroom two hours before the
Scopes trial began. By S:2i o'clock
the hlgh-ceillnged room which wilt
seat approximately see. persons,
contained s hundred mn with a
scattering of women observers.
The lawn and walks outsine were
thronged with visitors who included
mountaineers and khaki-clad tour
ists. Motion picture cameras w-t
p'aced at strategic pole's t-- "shoot"
the principals in the case .is they
approaehed the scepe c th vcilu
tion trial.
Judge F.aulsto entcrd ? ?0
follow.-. 1 by his wife and t o young
daughters and mother-In-'v.. The
intc-e's fimitv took fVc xvi.Mn the
At S 4a ew se-,s .fm,n;.r-1 n"-
, taken ar.d the et-ance p. -1 st-ilr-
and th defendant wefe p'ow i Ar
riving. Ru'es t-ff lcVing for con
' . re i , 1 1 1 K . ;! f
ed rv cf p-vMtp--s
Raulston indicated tM' rgu'atlpn
to check th overflow w on' j- per
fected lawyer Fntrr
Dudley Field Malone. o! defers
counsel, followed by Scores Darrow.
Havs. Neat and the defendant's
I father entered st ' 5 and took sea's
at the counsel table to the left of the
judge's st.
All principals in the esse passed
through a group of photpgrs phera
at the entrance to the courthouse
grour. Judge Raulston. with
Bible and a dictionary under hjs
arm, posed for them for several
minutes,
Pcopea, entering the grounds with
Dsrrow, Malone, Hays. Neal and
Rappleyea. was held for several
minutes. When they finally push4
their way through tha crowd. dU
appolnted cameramen urampared
(Continued cn Fag Twtity-on)
n
h. .
-; i
Ul c