New-York tribune. [volume], August 06, 1921, Image 3

About New-York tribune. [volume] (New York [N.Y.]) 1866-1924

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Congress Finds
Real Puzzle in
TaxLegislatioi
Folks Back Home Threatei
Political Death Unies
Burden Is Lessened a
Mellon Asks More Fund
Can't Sidestep Problen
Billion Bond Issue Hin??
At to Care for War Debt
Harding May Come to Ai<
From The Tribute's Washinaton Burea*
WASHINGTON, Aug. ?5.?Rep?blica
leadership of the House has bee
forced into a corner on the qucstio
of reducing the tases.
The Administration, through Score
tary of the Treasury Mellon, says mor
revenue than the present laws wil
yield must bo provided to take car
of the actual needs of the executiv
departments. It has suggested ways o
raising this money.
The "folks back home" are lettin;
Congress know in very certain term
that there will bo a House of a dif
{?rent political complexion here tw>
years heneo if there is not some sub
stantial relief from the present bur
densome taxes. These letters arc pay
ing especial respects to Secretary Mel
Jon's proposal for a 2-cent tax on banl
checks, 3 cent postage, 510 tax oi
automobiles and a IS per cent corpora
tion tax, without the $2,000 exemption
a? a substitute for the excess profit:
tax.
On the one hand Republican lender:
are confronted with estimates tha
some of them seem to regard a:
sacred; on the other, with the people de
manning relief, with political death a:
the alternative. Congress would like t*
sidestep, but there does not appear t(
be any way to do it, although one sug
gcstio'ii, in that direction is being dis
cussed about the Capitol.
Bond Issue of Billion
The side-stepping proposal is to floa
a bond issue for $1,000,000,000 to tak*
eare of items of expense, totaling about
that amount, which are chargeable tc
the war. By such a mo#ve, which woult
merely be passing the debt to future
years, Congress could give the execu?
tive departments the money they wan!
and reduce present taxes about $700,'
000,000.
In its predicament the departmeni
leadership is turning its eyes tc
Charles G. Dawes, Director of the
Budget, in the hope ho may be able
to offer some way to reduce estimates
bo that taxes will not have to be in?
creased ?2G0,000,000, as suggested by
Mr. Mellon, but reduced half a billior
dollars. When President Harding gets
back from his New England vacation
it is expected he will find this prob?
lem on his doorstep and will be com?
pelled to help Congress out of a hob
aga;n, just as he did when the Senate
got itself entangled with the soldiers
bonus bill.
The estimates which Mr. Mellon pre?
sented to file Ways and Means Commit?
tee cannot be changed by him. His bus?
iness a? Secretary of the Treasury, sc
far as ?-.timates are concerned, ia little
move than than of an errand boy. The
departments tell him what they want
and he passes the word along to Con?
gress. Under the new law the budget
officer will have authority to make re?
ductions. The trouble is that each de?
partment will make a convincing argu?
ment and the resulting estimates will
be high. The departments already have
been urged by President Harding tc
hold down everywhere. But the figures
submitted by Mr. Mellon ?hows they are
still reachiiig out despite Mr. Dawes's
recent repirt of a saving of more than
$100,000,000 on thi3 year's expenses.
Can Limit Appropriations
Congress makes the appropriations
and it can limit them to suit itself, with
the exception of the permanent appro?
priations, interest on debt and sinking
fund to pay the debt, all of which are
fixed by law. These total only about
one-third of the amount it is proposed
to spend.
The revised estimates submitted by
Mr. Mellon are out of harmony with
the appropriations which Congress has
made for the year. Congress has ap?
propriated $3,909,000,000. This includes
$676,000,000 for the Postoffice Depart?
ment. The estimates total $4,550,000,
000, and include only $72,200,000 for
the Post.otnce Department.
The War Department wants $450,
000,000 and the total given it by Con?
greso is about $100,000,000 less. The
Navy expects to spend $75,000,000
more than granted. The United States
Railroad Administration is asking
$595,000,000 for the railroads. The
Shipping Board wants $200,000,000.
Departments like Labor, Commerce,
Agriculture and Interior want from
two to five millions more than Con?
gress thought they needed. In the past
the custom has been to go ahead and
spend the money and put in deficiency
bills.
Congress could reduce taxes, keep
?penses up and reach the end of the
year with an enormous deficit. The
People might be fooled now by such
* procedure, but next July is pretty
dose to election time and the deficit
Would have to be taken care of then.
Both floor leader Mondell and
Uiairman Fordney of the Ways and
Means Committee insist that reduc?
tions in the taxes of $500,000,000 can
bo made dsspite Mr. Mellon's state?
ment. They say a way v/ill be found
*o cut down expenses, but as yet have
not pointed in the direction.
Representative Madden, of Illinois,
intended that the public should not
? o*s assessed in one year the amount due
."? '?ai'r?ads under the transportation
*C $045,206,000, and declared that by
apportioning this sum over several
*r*r? ,a "?g reduction in expenditures
wui*t be made for this year. Congress
w b? depended on to keep down ex
5"?s, ?3. Madden said, and he asserted
wuc government receipts would be
es* fw ff Trea3ury Secretary had
-?.-?- 9 i ? i.....?..??
*>& Infantile Paralysis
<<?*es in Westchestcr County
BLDFORD, N. Y., Aug. 5,-There are
\v, .Ca.'ies of "Pantile paralvsis in
westchester County, including one pa
1 wnt m Bedford Township, according
hA? anu"S received to-day by county
"Wth officers from Dr. Herman M.
&*'. state (-'ommissioner of Health.
Notice to this effect was sent to Dr.
*???\ O. Squire, health officer of
M,.? Sin?' ?vho was als? informed by
'no Mate Department that twenty-three
-?ses had developed recently in the
???re state. Of those in Westchester
comity, all are in the Eastern part,
fetors have been warned by health
ES*2 t0 notify the town and state
?auionties as soon as a case developed.
Gotihen Inn Damaged by Fire;
Nearby Towns Send Assistance
GOSHEM, N. Y., Aug. 6.?The Goshen
'fin ??g lmdly damaged by flro and
W*X*r this afternoon. The fire started
?? tnc kitchen and the flames spread
inT ti'? the uppcr part ol the build"
?- rhe three local fire companies
hi.,-.'' la'lsled in extinguishing the
' *"<-V>y irenien from Middletown and
w.? w ,ne "ppcr Part ?? the hotel
w?s burned out.
r-~--1-:-:-j-j
Grasshopper Suicides
Clog the St? Lawrence
QUEBEC, Aug. 5.--Hundreds
of thousands of dead grasshop?
pers iloatcd down the St. Law?
rence River to-day. At Three
Rivers the insects covered the
river from shore to shore at one
point.
Agriculturists advanced the
suicido theory. They explained
that, like Napoleonic: cavalry,
these insects never turned back.
Scientists believe that, having
eaten everything behind them, the
horde approached the river, failed
to negotiate the broad jump and
plunged to their death.
?-?-__J
Ship Board to Ask
Mail Case Hearing
When Liners Return
Government Is Busily En?
gaged in Collecting Affi?
davits, and a New Sur?
prise Has Been Forecast
Although the attorneys for both sides
in tho injunction suit brought by the
United States Mail Steamship Company
against the United States Shipping
Board have tacitly agreed to permit
the case to remain dormant for the
time being, it is known that the gov?
ernment is busily engaged in collect?
ing affidavits and will ask for a hear?
ing in the Federal District Court as
soon as its documents are complete.
DeLancey Nicoll jr., attorney for
the Mail company, said yesterday that
there was no way the board could act
to have the injunction proceeding va?
cated without going to court and mak?
ing a motion to that effect.
As all the. vessels in commission art
on the high seas or in foreign ports
there is little likelihood of any furthci
measures being taken by the board's
counsel until the ships return to this
jurisdiction.
Rumors were persistent in shipping
circles, however, that the government
plans a new surprise in its efforts t<
regain possession of the nine linen
that were seized and later restored tc
the charterers by injunction. It. hai
contended all along that the arbitra
tion clause in the contract docs no
affect the validity of the seizure foi
charter hire past due.
Denial was made by E. A. Quarles
assistant to the president of the Mai
company, that the Kcrr Steamshij
Line interests had made any offer t<
consolidate the two corporations. Sucl
a procedure was never even discussed
he added. No information was mad?
public regarding the identity of th.
financiers who will back the Mail ii
its bid for the nine ships, which bii
they have informed the board will sooi
bo forthcoming.
Chairman Albert D. Lasker of th
Shipping Board already has begun t
put his house in order on a ?^strictl;
business basis. Orders have been is
sued making the hours of duty for em
ployees from 9 a. m.'to 5 p. m., wit!
only half an hour for lunch, and o:
Saturdays from 9 a. m. to 1:30 p. m
with no time off for lunch. This is
saving of seven and one-half hours pe
week, which will mean thousands o
dollars in actual money saved.
It was learned at headquarters, 4
Broadway, yesterday that all emloyee
on leave in Washington have had thei
vacations canceled and orders give
for them to return to duty at one?
This action is causing uneasines
among the personnel in the New Yor
office as it is believed it will be put int
into effect here shortly.
None of the board's directors was i
the city yesterday. William Marsha
Bullitt, special counsel, returned t
Washington Thursday night to consu
with Elmer Schlesinger, general coui
hoI for the board.
Haytian Assails Wilson
For Island Occupation
Senate Committee Also Hears
Protest Against Troops Re?
maining in Charge
From The Tribune's Washington Bureau
WASHINGTON, Aug. 5.?Before the
Senate committee investigating the
conduct of the Navy Department in
Hayti and Santo Domingo, Stenio Vin?
cent, former President of the Haytian
Senate, charged to-day that the Wil?
son Administration "took advantage of
a weak and defenseless nation" when
it sent armed forces into the country5
in 1915.
A protest against the present occu?
pation was presented to the commit?
tee by Captain Ernest Angel?, on be?
half of the Haytl-Santo Domingo In?
dependence Society, the Union Patri?
otique d'Hayti ana the National Asso?
ciation for the Advancement of
Colored People.
The complaint declared American
occupation had been destructive and
not constructive, and that physical im?
provements, such as the building of
roads, had been made at indefensible
cost and by "forced enslavement" of
the people. The protest asks investi?
gation of the landing of American
forces in 191b, the censorship, suspen?
sion of elections, alleged military ex?
cesses, imprisonments for political of?
fenses, rumored administrative abuses
; and laxity and increase of the public
i debt. .__
Court to Decide Whether
Japanese Race Is White
Claim of Caucasian Origin To
Be Heard While Arms
Conclave Is On
Special Dispatch tolThe Tribune
WASHINGTON, Aug. 6.?Conten?
tions that the Japanese are' a white
race, and therefore entitled to Amer?
ican citizenship, are down for argu?
ment at the forthcoming session of the
United States Supreme Court. The
case is No. 4 on the docket and may
be heard on tue first day Chief Justice
Taft takes his seat?October 3.
Apart fro i the extraordinary char?
acter of the litigation, which officially
is entitled, "Takao Ozawa agt, tha
United States," it will be occupying
the attention of the Supreme Court at
the very moment President Harding's
disarmament-Far Eastern conference is
in session. Tho claim of a Japanese
to be recognized as a Caucasian thus
may synchronize with the revival be?
fore the Washington conference of
Japan's demand for "race equality."
The Japanese petitioner, who is seek?
ing tc enforce his right to become a
naturalized American, will be repre?
sented before the Supreme Court by
George W. Wickersham, Attorney Gen?
eral of the United States in the Taft
Administration.
Arguments on behalf of the claimant
will range around the "race origin" of
the Japanese. It will be pleaded that
"the root stocks and tho dominant
strain of the Japanese" are of the white
race.
Harding Ends
Vacation With
Four Speeches
Feeling Fit, Wearing Golf
Tan, President Starts for
Capital To-day to Pre?
pare Disarmament Plans
Regards Council Vital
U. S. Is Intent on Helping
Its Afflicted Ex-Soldiers,
War Patienta. Are Told
By Boyden R. Sparkes
LANCASTER, N. H., Aug. 6.?The
last day of President Harding's White
Mountains vacation was more in the
nature of a campaign speaking tour
than a recreational period. In the
course of a 150-mile automobile trip
ho delivered four extemporaneous
speeches and shook hands with thou?
sands of natives and summer resort
visitors. To-morrow the President and I
his party motor to Portland, Me., and
there board the Presidential yacht
Mayflower for the voyage to the capital,
where they expect to arrive early
Tuesday.
Renewed in vigor and looking bet?
ter with his coat of golfing tan than
in a long time, Mr. Harding goes back
to the White House prepared to do
vote all of his energy to the task of
preparing for the disarmament con?
ference.
Visit to Invalid Soldiers
It is understood from his own. words
that he considers this approaching
round table conference to be more
vital to the future welfare of the world
than any similar gathering of states?
men in the history of modern civili?
zation. It is also known that the Ad?
ministration views the agreement of
all the conferees to forego preliminary
conferences as a splendid diplomatic
victory for the American Stato Depart?
ment.
The most important of the speeches
made by the President was at Gorham,
N. H., early to-night, where he went
to visa fifty-seven former service men
at a government hospital there. The
men, who no longer wear uniforms, wel?
comed him with all the vigor of their
weakened lungs. Taking a stand at
the edge of the porch of this converted
summer hotel, Mr. Harding said in
part:
"I sjjeak the heart of America when
I tell 'y?u, the men impaired in the
defense of their country, that America
is interested in them in every way it
knows how.
First Duty to Sick
"There was some criticism recently
because the President and the Con?
gress were interested for the time
being in passing up what was known
as the compensation bill. I like to tell
the men who are now wards of the
government that the chief reason was
that we all believed we owed our first
consideration to the men impaired in
the service.
"It is a very wonderful thing and
it is some compensation in itself to
have had the unspeakable experience
of defending our country' and coming
back entirely whole, but I want Amer?
ica first of all to do everything that
can be done to somehow make well
those who have suffered physically as
a result of their war service.
"My idea of a republic I would like
would be an America of mutual confi?
dence and good will, an America of
perfect understanding, of abiding jus?
tice, of God-fearing people, committed
to the task of reforming the world and
teaching mankind that it is not good to
make warfare. I believe that it is go?
ing to be the mission of America, and
if I can be your representative in pro?
moting that ideal I shall not have
served in vain."
More than a thousand persons heard
that speech. Mr. Harding told them
he would like to greet each of them
personally, but that his time would
not permit, and he wanted them to give
him and Mrs. Harding a chance to
speak to all of the service men.
Words Help Sufferers
The veterans, most of whom trace
their diseased condition to German gas
attacks, filed past the President, and if
their expressions meant anything the
contact with the Chief Executive was
better than medicine for them.
He exchanged a word with each of
the men. Then he asked to see the
bedridden. A nurse led hira inside.
Mrs. Harding went with him.
The nurse opened th.o door of the
first of these rooms. For almost ten
minutes the President and Mrs. Har?
ding were in there. When they
emerged their eyes were suspiciously
bright. They visited several other
TOomB in similar., manner, and then
leaving the hospital completed the
twenty-five-mile journey back to Mount
Prospect, arriving at the summit in
time to admire the first flashing rays
of the evening's show of the aurora
, borealis.
The first speech of the day was de?
livered at New Stratford. At Cole
brook, the next town visited, the crowd
of almost a thousand met the Presi?
dent's car at the edge of the town
and escorted him to the ' speaking
stand that had been prepared for him.
After a round of golf at Dixville
Notch and a reception there, the Har?
ding party drove to Berlin, N. H.
There was another speech, and then
came the wind-up at Gorham,
In throe of hia speeches Mr. Har?
ding reminded his audiences that he
was doing his best to fulfill their
trust. He told them it was this that
bad prompted him to call the disarma?
ment conference.
Senate Sanctions Agreement
Creating Port Authority Here
From The Tribune's Washington Bureau
WASHINGTON, Aug. 6?The Senate
to-day adopted the resolution of Sen?
ator Edge granting the consent of Con?
gress to an agreement entered into by
the states of New York and New Jer?
sey for the creation of the Port of New
York District and the establishment of
the Port of New York Authority. The
agreement looks to the comprehensive
development of the Port of New York.
The agreement was entered into by
commissioners of the two states, and
provides for the close cooperation in
the future planning and development
of the port by the two states.
War Department Dismisses
Desertion Charges Against 4
The War Department has set aside
charges of desertion against Peter
Gallagher, Order 2212, Local Board for
Division 36, New York City; Helfand
Solomon, Order 1726, Local Board for
Division 86, New York City; John
Henry Marx, Order 1901, Local Board
for Division 1, Nassau County, and
Francisco Fassanello, Order 1743, Local
Board for Division 96, New York City.
Gallagher and Fassanello failed to
notify local boards of enlistment, Sol?
omon died before he was inducted in?
to the service and Marx was cited
through an error in hi*, registration.
Bank Denied Special Jury
In Girl's $125,000 Suit
Cites Medical Points Involved
In Damage Case, but Court
Objects to Delay
Supreme Court Justice Martin, sit?
ting in Special Term, Part I., yester?
day denied tho application of the Na?
tional City Company for a special
jury to hear testimony in the suit
brought by Miss Amanda Byrd, a for?
mer employe, for $125,000 for alleged
assault and false imprisonment.
Miss Byrd alleges that the bank
forcibly ejected her from the premises
and sent her to the psychopathic ward
of Bcllevue Hospital.
"I believe it would be an unusual
departure, as well as an unnecessary
one," the court said, "to grant this
motion. It would probably lead to a
practice which would cause delay In
litigation, a fact which is much de?
cried and which should be avoided."
Attorneys for the bank urged that
a special jury was needed because of
the technical medical points involved.
Dirigible Casts
Off Crew and
Makes a Boll
(Continued from pags en?)
jacent communities. By wireless at the
station a general alarm was flashed to
surrounding communities. warning
them to hold the blimp if it alighted.
Balloon Defies Pursuer
So far as recapturing tho balloon
was concerned, the airplane was help?
less, but it frisked about it like an
exasperated pup trying to drive a
headstrong cow. Residents of the Bronx
and Westchester County enjoyed the
spectacle hugely.
Officers at the naval air station had
realized that the airplane could do
nothing but trail the errant blimp, and
a powerful motor truck, with Lieu?
tenant Grant Carpenter aboard in com?
mand of a wrecking crew, had been sent
out to trail the chase.
The balloon and the airplane, which
was in charge of Lieutenant Myron
Eddy, were traveling at an altitude of
6,000 feet or more and were visible
to the motor truck crew when they
started and most of the time there?
after. Only the uniforms of its occu?
pants and the grim determination with
which its driver kept his foot on the
gas pedal kept the speeding motor
truck ou? of the hands of the police
as it raced through three counties in
pursuit of an airplane and a dirigible
balloon.
High Flying Forces Descent
By the time the balloon reached
Mount Vernon it had mounted to an
altitude of about 8,000 feet, and Lieu?
tenant Eddy knew that the automatic
valve, whose action is dependent upon
tho expansion of gas,^ which takes
?place at high altitudes, soon must open.
Accordingly he descended and tele?
phoned to tho naval air station that
the H-l would descend within a few
miles.
The descent, forced by the auto?
matic valve, began almost immediately
and grew swifter as the blimp ap?
proached the earth. When it passed
over Scarsdale it was so low that it
threatened to impale itself upon the
steeple of the Dutch Reformed Church
or catch in the branches of trees.
Men and women, wild with excite?
ment at the strange sight, rushed from
their homes and pursued their aerial
visitor across lota, heedless of ditches,
barbed wire fences and flower beds
and lawns which obstructed their path.
Between Scarsdale and Tuckahoe the
balloon made an almost faultless land?
ing on the farm of Alexander N. Crane,
quite free from trees. William Seely,
a justice of the peace, whose home is
nearby, and William P. Mattil, who
has a garage in the neighborhood, were
the first to reach the runaway.
Serious Damage Averted
The justice of the peace was ready
to quote the trespass law to the aviators
who had ventured on his neighbor's
farm and Mattil was prepared to under?
take repairs. Only Mattil's services
were needed. He quickly found the
valve release and pulled it wide open,
expelling what gas remained in the bag
and reducing the surface exposed to the
wind.
This saved the blimp from being
rolled across the meadow by the wind,
probably with considerable damage.
Within a few minutes several hundred
persons were on the scene, all eager to
be of assistance, and in a jiffy the H-l
was bound as intricately as was Gulli?
ver when he awoke in Liliput.
Lieutenant Carpenter and his motor
truck were only a few miles away
when the balloon came down and
reached it about the time the moor?
ings were completed. They found that
little damage had been suffered and
reported to the Rockaway Point sta?
tion. "
Another motor truck was dispatched
and the two crews loaded the blimp
aboard the two vehicles and started
the return trip. The field in which the
balloon landed is more than a mile
from any road and the wrecking crews
had to carry the dirigible, bit by bit,
on their shoulders to their vehicles.
The H-l is of the type known as a
towing dirigible and carries 37,000
cubic feet of gas. It is used chiefly for
observation purposes and is towed
overhead by a battleship or cruiser
when in action.
Hoover to Hear of Cibrario
Simmons Will Tell of Alleged
$800,000 Film Fraud
Assistant District Attorney Jerome
Simmons left last night for Washing?
ton to confer with Secretary of Com?
merce Hoover concerning the alleged
activities of Jacques Roberto Cibrario,
who is charged with defrauding the
Russian Soviet government of $800,000
in a film enterprise.
Cibrario was arrested last Monday
and is at liberty under a $10,000 bond.
The man is said to have been custodian
of a fund of $1,000,000 soviet money
ostensibly to have been used in the
purchase of motion picture supplies to
be used in Russia for educational
propaganda among peasants. Dr. Wil?
liam Chapin Huntington, who was en
route to Europe when halted by a tele?
gram from Mr. Hoover, left for Wash?
ington last night to inform the Sec?
retary of Commerce as to matters
within his knowledge as to Cibrario's
enterprises.
? . -.
Free Wall St. Bomb Suspect
Federal Authorities Recognize
Alibi Given by Prisoner
With the consent of John E. Joyce,
Assistant United States District Attor?
ney, chief of the criminal bureau,
United States Commissioner Samuel H.
Hitchcock yesterday dismissed the
complaint accusing Giuseppi de Filipis,
a Bayonne truck driver, of being impli?
cated in tb,e Wall Street bomb explo?
sion on September 16, 1920.
De Filipis was arrested some week:;
ago by agents of the uepartment of
Justice. He was brought to New York
City for examination, but no testimony
was taken before United States Com?
missioner Hitchcock. His release was
obtained through an alibi showing
that he was loading freight cars on the
?lay of tae Wall Street outragt.
Rum Deadline
Held to Extend
12 Miles Ont
Customs Statutes Provide
for Seizure of t?raft and
Also Prevent Cargo Trans*
fer, Under GofFs Ruling
Marshall's Crew Heard
Federal Grand Jury Begins
Inquiry Into Capture of
Ship Under British Colors
The United States intends to dry up
the Atlantic, alcoholically speaking, for
a distance of twelve miles from the
coast, according to an application of
the customs statutes made by Acting
Attorney General Goff to the prohibi?
tion situation.
"The statutes provide," said Mr.
Goff yesterday in Washington, "for the
seizure and forfeiture of vessels and
their cargoes for unloading without a
permit within four leagues (about
twelve miles) of the coast and also
provide against the transfer of car?
goes."
Under this application of the law, it
was declnrfd, the seizure of the Brit?
ish schooner Henry L. Marshall, or
any other rum-laden loiterer which lay
within the twelve-mile zone, Imight be
justified, particularly if the vessel had
jettisoned or transferred any of its
cargo.
The schooner was nine miles off the
Jersey coast when captured by a Coast
Guard cutter. Mr. Goff pointed out
that although the vessel's manifest
listed 1,500 cases of liquor, there were
only 1,200 cases aboard.
Colonel William Hayward, United
States Attorney for the Southern Dis?
trict of New York, who is in Atlantic
City for the week end, 'said that he
had not directed the Beizuro of tho
Henry L. Marshall and denied respon?
sibility for a statement made in the
office of the United States Attorney
Wednesday afternoon. This read:
"We will seize ships of Italian,
French, British or any other national?
ity which may anchor outside a United
States harbor and engage in smuggling
liquor, drugs or anything else."
Goff May Libel Vessel
Mr. Goff announced in Washington
that the Department of Justice con?
templated libel proceedings in New
Ycrk to obtain forfeiture of the
schooner. He said that Colonel Hay
ward had been instructed to take such
action as the case warranted. Colonel
Hayward declared he had turned the
case over to Mr. Ross, as it was in
the Brooklyn jurisdiction that the sup?
posed landings of liquor were made.
Mr. Goff said the Marshall was re?
ported to have landed liquor in New
Jersey, Georgia and the eastern district
of New York, but not in the southern
district of New York, which is under
Colonel Hayward's jurisdiction. At
the time of her seizure, it was re?
ported that she had aboard 1,500
cases of whisky, had landed 300 cases
more and had been engaged in smug?
gling for six months.
Four members of the crew appeared
yesterday before the Brooklyn Federal
Grand Jury. Charles H. Hyde, City
Chamberlain under Mayor Gaynor, ap?
peared for them and characterized the
j seizure of the Marshall as "an outrage."
Before going into the grand jury
room the four were taken before Fed?
eral Judge Harland B. Howe, of Ver?
mont, serving for Judge Chatfield. They
were permitted to confer with counsel.
The grand jury did not complete its
consideration of the case. Mr. Hyde
said:
"The ship was nine miles out. It is
well settled law that a boat outside the
three-mile limit is virtually in no man's
jurisdiction.
No Flight, Says Hyde
"I wish to correct the impression that
has been given that the captain and the
mate of the Marshall escaped from the
officers and crew of the revenue cutter.
They left the Marshall some hours be?
fore the arrival of the cutter and had
no means of knowing that the cutter
was proing to visit them.
"The Seneca is an armed boat, car?
rying guns* therefore, it is not fair to
presume tnat her crew would aliow
these two men to escape in a small
boat. If they were unable to capture
the captain and mate with their guns
it is high time we had disarmament.
"The Henry L. Marshall is under
British registry, so the crew certainly
is not in a position to tell the grand
jury or any one else what became of
the liquor supposed to have been
aboard. Conceding that small boats
drew up to the Marshall and took from
her any given quantity of liquor, how
could the crew or anybody aboard, nine
miles from shore, know the destina?
tion of liquor?"
The men held are Robert Pike,
Michael Murphy, Clarence King and
Joseph Maul.
Five Coney Island Raid
Victims Freed by Court
Search Made Without Warrant;
Chemist Must Back Police
Evidence, Magistrate Rules
Five of the fifteen Coney Island
hotel and restaurant proprietors whose
places were raided by the police were
tried before Magistrate James T.
O'Neill yesterday and dismissed when
it was proved the police had had no
search warrants.
Magistrate O'Neill said that he based
his decisions on those of County
Judges MacMahon and Haskell, the Su?
preme Court and an. opinion by Corpo?
ration Counsel O'Brien.
Magistrate Louis H. Reynolds in
Bridge Plaza Court yesterday decided
that a policeman's testimony that a
drink was alcoholic was not good evi?
dence without the corroboration of the
city chemist. He discharged Louis
Buchinsky, of 669 virand Street, who
had been arrested by Policeman Joseph
Jahoda.
"The police are *ot 'rummies,' '.' said
the court. "They cannot be whisky ex?
perts, able to testify correctly when
they appear against defendants charged
with violation of the Mullan-Gage act."
Police boarded a sleeping car at?
tached to an early morning train from
New York to Boston on the New York,
New Haven & Hartford Railroad at
New Haven yesterday and seized
eighty gallons of alcohol. The alleged
contraband was concealed in an upper
berth. Two men in the lower berth
were arrested. They said they were
Alexander Witkas, of Hartford, *nd
Benjamin Gottliev, of Worcester, Mass.
Schooner Unloads Rum
Off New Brunswick Coast
SHEDIAC, N. B., Aug. 5.?Prohibi?
tion inspectors learned to-day that
a three-masted craft unloaded contra?
band liquors sixteen miles from hero,
near Cape Bauld, just before dawn last
Sunday. Three motorboats chugged
out to the schooner and were loaded
with cases of cognac and West Indies
rum, h, was said. The liquor was be
lievecr to have been hidden in th<
woods fringing the shore.
The name of the schooner was cov
ered with canvas.
Lightning From Gear Sky
Kills Two, Welds Chains
Bolt Also Fatal to Four Mules
and Dog in Alabama
Lumber Team
TALLAHASSEE, Ala., Aug. 5.--Whilc
riding one of the mules of tho team
with which he was hauling timber to
the railroad, Luverne Haynie, a nine?
teen-year-old white boyi was instantly
killed yesterday by a bolt of lightning
which came from an apparently clear
sky. Two negroes and a dog, taking
rofuge from the intense heat under
the sheltering branches of an oak
tree beside the road, were hit by the
Fame bolt and one negro and the dog
instantly killed, while the other was
knocked unconscious. All four of the
mules in the team were killed.
The heat of tho lightning, according
to those who visited the scene welded
the links of the trace chains on the
harness.
Lawyer Slain
By Nurse as
Police Watch
_
(Continuad from pass ona)
been haunting that section during that
time.
She will, be arraigned to-day in the
Gates Avenue court, charged with
homicide.
Special Diapatch to Tin- Tribune
CINCINNATI, Aug. 5.?Ellis Guy
Kinkead was born in Cincinnati in
1867, was graduated from" the Univer?
sity of Cincinnati and began the prac?
tice of law in 1891. He- served as
Corporation Counsel of the City of Cin?
cinnati from 1897 until 1900.
His early associate in law was Wade
H. Ellis, former Attorney General of
Ohio. He later entered ? partnership
with H. Kenneth Rogers.
Miss Olive Stone was Mr. Kinkead's
nurse during his illness. Mr. Rogers
said he heard that the nurse and Mr.
Kinkead had trouble after the lawyer
regained his health. According to Mr.
Rogers, tho nurse went to New York,
where she tried to take action against
Mr. Kinkead in the courts.
In August, 1919, Mr. Kinkead mar?
ried a girl whose home was in Lexing?
ton, Ky. Shortly after the marriage
he went to New York, .where he took
up the practice of law. Mr. Rogers
said he understood that Miss Stone
followed Kinkead to New York.
Mr. Kinkead served as a member of
the board of trustees of the Univer?
sity of Cincinnati some years ago,
and about two years ago was a pro?
fessor in the Cincinnati Law School.
Plague Reports Denied
By Southern Officials
Confer With Surgeon General
on Pellagra; Assert 1921
Cases Below Average
WASHINGTON, Aug 5.?Denial that
there is a "condition approaching a
famine or plague in the South" was
made to-day in a report unanimously
adopted by health officials from a dozen
Southern states in conference here
with Surgeon General Cumming, of
the Public Health Service, to discuss
the Pellagra situation. It held that
"erroneous and misleading" state?
ments had been made to the public,
but the sentence, "We do not regard
the situation In any sense as more
serious at the present time than dur?
ing the last several years," in the
committee draft was eliminated.
The report said the Southern health
officials in conference at the request
of the surgeon general, "deplore the
fact that an impression has been
created that famine conditions exist
in the South, and as a result that
pellagra has increased to an alarming
extent."
After making an investigation, using
all information available, it said:
"Data in hand show in an unmistak?
able way that the number of cases and
deaths from pellagra during 1921 will
still be less than the annual average
during the period of 1914 to 1921."
Reeve Asks Wife to Return1
____________
Doctor Says Her Court Action
Has Destroyed His Practice
WHITE PLAINS, N. Y., Aug. 5.?Dr.
Oscar Reeve, whose marital troubles
were aired in the courts hero last
spring, filed an answer yesterday to
his wife's complaint, which charges
contempt of court, and expressed a
wish for a reconciliation with Mrs.
Reeve.
Dr. Reeve sets forth that he ?3 un?
able to pay the sum ordered by the
court for support of his seven-year
old daughter, Delora, now in Mrs.
Reeve's custody, declaring the lucra?
tive medical practice he formerly had
in New York City had been ruined by
publicity following Mrs. Reeve's court
actions. The doctor says he has been
compelled to accept a position as as?
sistant physician at the New Jersey
State Hospital, with a salary of $35
a week. He suggests that the only
possible solution is for his wife and
^daughter to go there and live with
him.
Mrs. Reeve and her daughter are
now living at Ossining.
Tighe Gets Police Delay
Detective Called Clubber to
Face Leacb on Monday
Charles F. Tighe, the detective ac?
cused of wholesale clubbing in a
Ninth Avenue raid on July 28, ap?
peared in the trial room before John
A. Leach, Deputy Police Commissioner,
yesterday on departmental charges
that followed the court accusations on
which he must stand trial.
The specific charge against Tip-he
contains eight specifications, which
include illegal arrests, use of improper
language to women, and assault. At
the request of his counsel the case
was adjourned until next Monday
afternoon at 2 o'clock.
Tighe is under bond on five com?
plaints of assault in varying degree.
The facts in these cases will be pre?
sented to the grand jury by Assistant
District Attorney Sullivan early next
week.
N. Y. Trolleymen Accept Cut
Locals Agree to 10 P. C. Slash
After Hearing Receiver
T. M. Fazakerley, president of the
Brotherhood of New York Railways
Company Employees, announced yeu
terday that the organization had voted
to accept a wage reduction of 10 per
cent. Its representatives conferred
with the receiver for the company con?
cerning the proposed pay cut and in a
vote which was taken among the vari?
ous locals of the brotherhood 92 per
cent of the men voted to accept the re?
duction.
The new scale becomes effective to?
morrow.
>
Captain*? Rank Asked for York
WASHINGTON, Aug. 5.?A bill to
give Sergeant Alvin York, of Tennes?
see, war hero who captured many Ger?
mans single handed, the rank of captain
with retired pay was introduced to?
day by Senator McKellar, Democrat,
of Tenner^ee. York is reported to be
in straitened financial circumstances.
$15,000 Bank
Theft Probed
As Inside Job
______*"??
Robbery in Long Island
City Called Climax to'
Series of Losses Rang?
ing From $10 to $500:
-,
View Denied by Official?
Burglary Insurance Mana?
ger Says One Knowing
Combination Opened Safe I
A $15,000 robbery was reported to
the police yesterday by the Long;
Inland City branch of the Title Guar?
antee and Trust Company. Details of
the loss were withheld from the press
by the bank officials, who would say
only that the money disappeared
while being brought to the bank. They
added that it did not occur while ife
offices were being 3noved on August
1 from Jackson Avenue and Fifth
Street to the present quarters on
Skillman Avenue and Bridge Plaza.
A different story is told by William
Morris, superintendent of the claims
department of the United States
Fidelity and Guarantee Company,
which had issued a blanket policy
covering all larcohy at the branch.
He is in charge of the investigation
into the case which his company and
the Burns Detective Agency have been
conducting for the last two weeks.
Series of Losses Charged
Mr. Morris declares that the theft
occurred on the night of Wednesday,
July 20, and was the culmination of
a series of small losses ranging from
$10 to $500, which early in the month
led the management to place a special
auditor in the branch. The manager
alone knew the reasons for his pres?
ence and the scope of his duties.
Among these was that of verifying
the cash in the vault at irregular in?
tervals and without warning.
This the auditor had done only once,
a week before the $15,000 loss was dis?
covered. At that time he found no
discrepancy, and his decision to make
I a second count, on July 21 was un
! expected. The paying teller opened the
j vault in the presence of the auditor
l and the chief clerk as soon as he ar
j rived at the office that morning and
brought out the cash. This was found
to be only a little over $66,000 al?
though, according to Mr. Morris, it was
admitted $81,440.41 was put away the
night brfore. The loss was chiefly in
large bills.
Story Told by Teller
The teller claims, Mr. Morris says,
that he found the third of the three
I doors to the strong box unlocked. He
I declares that he turned the combina
I tion before leaving the night before;
! und suggests this fact as evidence that
! the vault was opened during the night,
The branch is protected by burglar
alarms and no marks of violence wer?
found on the safe. The investigators
believe, therefore, that the thief must
have been familiar with the three com?
binai ions. These, Mr. Morris says,
were known only to the teller, the mali?
nger, John H. Penche?n, and the twe
assistant managers, one of whom, Wil?
liam H. Gardenier, was away on hi;
honeymoon at the time.
All the bank employees have beer
cross-examined by the investigators
and their records have been carefullj
; looked up. Mr. Morris says thai
i enough evidence has already been ob?
tained to make arrests within the next
two weeks probable.
I Chicago Declares War on
Restaurant Profiteers
High Prices Wnile Ex-Service
Men Walk Streets Hungry
May Cost Licenses
Special Dispatch to The Tribune
CHICAGO, Aug. 5.?"It is not neces?
sary for you to charge 15 and 20 cents
for a 5-cent bowl of soup to 'help win
the war,' " said. Chairman Govier, of
the High Cost of Living Committee, to
a delegation of managers and proprie?
tors of "cheap" restaurants to-day.
"Evidently you have not heard of it,
but the war is over, and hundreds of
ex-service men are walking the streets,
jobless and hungry. Twenty cents for
a spoonful of sloppy soup that costs
you about 1*? cents does not make a hit
with these boys."
The city is rounding up the worst
profiteers and may revoke their li?
censes.
Albert Levy, president of the Man?
ufacturers and Importers* Association,
in an address before that body, also
served warning upon retail m?chants
that the public is about out of patience.
"There will be no business revival
until the retailers adopt a new price
scale," said Mr. Levy. "Manufacturers
have all come down in price, but the
retailers take the goods at the'new low
prices and then sell them at the old
prices." ?
m
Newberry Vote Tuesday
Democratic Demands for Ex
animation Refused
WASHINGTON, Aug. 5.?The Senate
Privileges and Elections Committee
will take a final vote, next Tuesday,
under an agreement reached to-day,
on the election contest between Sena?
tor Newberry, Republican, Michigan,
and Henry Ford, his Democratic op?
ponent in the 1918 election.
By straight party vote the commit?
tee rejected Democratic demands for
examination of Senator Newberry.
The sub-committee report, submit?
ted confidentially to th?t full commit?
tee to-day, was understood to recom?
mend dismissal of Mr. Ford's contest
and to declare that virtually all of his
charges of fraud, excessive use oi
funds and irregularities were un?
founded,
? -
Senate Seeks Film Data
WASHINGTON, Aug. 5.?Tho Senate
adopted to-day Senator Wadsworth':
resolution asking the Department o'>
? Commerce for information regardinj
competition of European motion pic
tures, said to sell in this country ai
one-fifth of the domestic cost.
? ? '
Colonel Colt Suffers Stroke
BRISTOL, R. I., Aug. 5.?Colone
Samuel P. Colt, chairman of the boarc
of directors of the United States Rub
ber Company, suffered a paralytic shod
to-day at his summer home here
Physicians said his condition was criti
cal. Colonel Colt, who is sixty-nin*
years old, had been ill since June.
Five Varotta Murder
Suspects on Triai Aug. i 5
Preliminaries To Be Sett!**} on
Tuesday; Two Accused Men
Still at Liberty
Five of the seven men ind;ct?d for
the murder of five-year-old (
Varotta last June will i
Judge Alfred J. Talley, in
Sessions Court, Tuesday. Pr*
details of the trial will be arranged,
and it will begin August i">. It. was
announced at the 1 >y'n
office yesterday that Acting i ?3
Attorney .loab H. Banton -.-.
personal charge of the . -
assisted by Assistant D At?
torney George N. Brothers.
Two of the seven men indicted as
the slayer.- of the boy have
been arrested. Those wl nae
up for triiil are Robert > of
171 Pnlisade Avenue,Union Hi'i.N. J.;
John Milchionne, who lived in ?< B*?W
iry lodging house; Antonio Ma.
Santo Cassamano and Jaraes Ruggieri,
ail of 349 East Thirteenth Street.
The Varotta child lived at ""-i East
Thirteenth Street. The five mejvorigi
nally were indicted on a kidna; :
charge and held in $1.000 bail each.
Later the boy's bodv was found in the
Hudson River off Piermont, N. X.. ?nd
thpy were indicted on charges o? first
degree murder.
"Wolf of Finance"
Implicates ' Two in
Mail Robbery Ring
French Confesses and Will
Be Witness Against Wash?
ington instead of Co-de?
fendant; Names Reeves
CHICAGO, Aug. 5. ?Charr?
French, known as th<- "Wolf of Fi?
nance," made such an important con?
cession to the Federal author'.
?day that ho will b^ used as a witi
! against John W. Worthington, instead
? of being a co-defendant. He was re?
leased at liberty under bond oi J 1,000,
I which he was allowed to sign himself.
It is said the confession mads by
I French seriously implicates both,
i Worthington and Milville W. Reeves,
the "skyscraper burglar.'
Discovery also was made thai the
? "mail robbery trust" had
? small banks of Illinois anil V.
i for the disposal of stolen securities
j worth hundreds of thousands of dol
I lars. The system was so business-like
and efficient that it vied with the meth
1 ods of the largest legitimate financial
: houses. '
The portrait of the mysterious'*Marie,
j which was seized in Worthing?
? ton's office and whose letter.- to him
jwere intercepted, was recognized to?
day by persons who hav ' .' in,
Los Angeles in company with V.
ington and Reeves. Federal officials
have her name and have instructed
Los Angeles agents to arrest her.
Arthur M. Goldsmith, proprietor of
the commercial school known as
President Institute, in East Seventy
second Street, who was arrested sev?
eral days ago in_:onnection with thr?
bond trust, has ?formed the Federal
authorities in New York that in* in?
tends to contest his removal to Chi?
cago.
Goldsmith, with his counsel, Charles
H. Griffiths, yesterday visited the
United States District Court and ex?
pressed a willingness to answer ??
tions regarding his dealings in Liberty
bonds and Victory Loan bonds. ?
At the end of the conference^
lasted three hours. Goldsmith s
he would call again to-day at
of Maxwell S. Mattuck, Assistant
United States Attorney, and bring his
books showing his dealings.
Goldsmitn said that he had conceived
the idea of buying Liberty bonds at a
small discount from person? who
needed ready money and that he prof?
ited by these transactions.
Later on, Goldsmith according to his
; story, began dealing in War Savings
stamps and Bupposed everything was
all right until he wan arrested by the
United States Secret Service in NQvem
ber, 1919. At this time he was ar?
rested under the name of Goldsehmidt,
for trafficking in War Savings stamps,
from which the names or the orig-inal
purchasers had been erased.
In the course of the bond and stamp
business, Goldsmith said, he had ad?
vertised extensively throughout tho
country offering to buy War Savings
stamps at 10 cents less than tiVeir re?
demption value. In that way, he ex?
plained, he communicated with the .
company which was run by Worthing?! ?
t0n- ? I
Five Killed by Toadstools ^
AH Deat'is Through Error in
: One Family
WINNIPEG, Aug.' 5.?Toadstool?,
eaten in the belief they wero edible
mushrooms, killed five persons in one
fanTily at Stuartburn, near Dominion
City.
It's not the heat?
but!
Then you hear the old General
get his. It doesn't make you
any cooler to know that it's the
Humidity and not the actual
temperature that gives you a
mouth and throat as dry as the
proverbial covered bridge.. But
it does make you cooler just to
hear the tinkle of Knickerbocker
Ice in the tall glass?just -to see
a great sparkling bowl of it
| ready for the cooling drink:;.
j And it's both cooling and soothing to
! hear your icije say?"1rs wonderful
j how regularly Knickerbocker drivers
come?the fruit and berries ueirr spoil."
\ Knickerbocker
ICE
Company
Ir?r?sT fi??ls Inri
The ?uthor of "M?!n Mr?*!" t??? it Ij !
the one holel that he r<rrreU<"d i" .?
I'lfteen minute? from PwnarlTUtU SU- ?
ton: clihtyfour electric tri.na ?Uily.
??OUSCUsa plan. Booklet uyou n
j_; Forest Hill?. L. I.
k_i_j?Tirti'jphone Itoutrxaid a:>u s______
Going Abroad?
82 passenger vessels scheduled for all ports in the
world are listed among the 354 passenger and freight
vessels in to-day's
NEW YORK TRIBUNE
Shipping and Trav,el Guide