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JUDGE ANDERSON UPHOLDS MINERS (Continced From Page One.) gaged in producing, handling and dis tributing necessaries—foods, feeds and fuel. The constitutional warrant for this legislation is found in the grant of power to congres to declare war. to raise and support armies, and to provide and main tain a navy. ••Those who produce foods to feed the soldiers and sailors, those who produce feeds to feed the horses and mules re quired by the’army. and those who pro duce fuel to transport the soldiers and propel the ships cf the navy, are all alike helping to win the war. and are all alike in the same general class. ’ "The second ptoviso In amended Sec tion 4. that "nothing in this act shall he construed to forbid or make unlawful collective bargaining by any co-operative association or other association of fann ers. dairvmen. gardeners or other pro ducers of farm products with respect to the farm products produced or raised by its members upon land owned, leased or cultivated bv them. - is as unwarranted as the one just considered. “The indulgence to the excepted class is in respect to the farm products pro duced ur raised upon land owned, leased or cultivated by the members of it. But this does not differentiate the instant case from the Connolly case, for there the exception was to appiv to "agricultural products or live stock while in the hauds of the producer or raiser." “My conclusion is that the classifica tion in amended Section 4 is arbitrary end not natural or reasonable: that such section Is repugnant to the ‘due pro cess’ clause of the fifth amendment, anor is therefore void ORIGINAL SECTION 4 I* NOT SUFFICIENT. “I further conclude that original Sec tion 4 is insufficient to found a.crimi nal charge upon, because there is no penalty provided for the violation of it. It does not of ; tself creite an offense, as that word is used in the criminal law, and there is no general penalty cianae in the statute to cover it. “Section 26 deals with persons carry ing on or employed in commerce among the several states * • * in any article suitable for human food, fuel or other necessaries of life, and it prohibits the storing, acquiring, bolding or destroy ing of any such article for the purpose of limiting the .supply thereof to the public or affecting the market price thereof in such commerce. “The first proviso excepts farmers, gardeners and other persons as to the products of land cultivated by them, and Is objectionable for the same reasons given above )n considering a similar ex ceptlon in amended Section 4. “The se<ond proviso, ’that farmers and fruit growers, co-operative and other exchanges, or societies of a similar char aefer shall not be included within the provisions of this section.' cerves out an excepted class for which no reasonabie basis can be seen. This proviso Is not limited to the necessaries produced by the excepted class, hut It applies to farm ers. fruit growers, co operative and other exchanges or societies of a similar char acter without reference to where or ly whom the neieasaries ar® produced. These persons are set apart as a favored class and are given the privilege of stor ing. aeqnirlje. holding or destroying necessaries for the purpose of limiting the supply thereof to tne public or af fecting the market price thereof in in terstate commerce wlthbut any restraint whatever, while all other persoifc who commit sneb acts are to be punished as erinsffwiis. It is arbitrary legislation and can not stand. Section 2t5 is therefore void.” REGARD ACT BEING WAR TIME MEASU RE. In discussing th* point mile by .Judge Hughes that the law is a wartime measure, and that it has no force nor es feet at this time, the court held that inas much as congress has the right to declare war it has the same power to terminate war and that so long as this latter power is not exercised a state of war continues to exist. The court quotes another section ot the act which holds persons liable for offenses oommitre 1 dnring the existence of the act. after its termination “Under this, even if a stste of war ceased to exist when the armistice was signed and announced to congress by fbe president." the conrt holds, “that act was at least in force until tbeu: and if the act terminated then, by the provisions of Section 24. su *h termina tion could not effect the offenses com mitted before that time, and Hie count* last mentioned charge offenses • otnmi'tej between the date of the at' and tli signing of the armistice in November. ;*ais. Section 5> of the Lever act, which the court sustained, makes consiprat y to lim it facilities for transportne. manufactur ing. supplying, storing cr dealing in any necessaries, to restrict she distribution of any cero6SJrios; to prevent, limit or lessen she manufacture or production of any necessities, unlawful, and provide* a fine cf $lO 000 or imprisonment for not more than two years. ‘TOOK TEETH OUT OF LA W; SA YS JUDGE AMES WASHINGTON, May 2d. The decision of Federal Judge Anderson at Indian apolis knocking out parts of the law will leave unaffected the campaign of the Justice department to reduce living costs by proceeding against profiteers. Judge C. It. Ames, assistant attorney general, said here today. Ames is in charge of ail prosecutions under the Lever act in connection with profiteering and strikes. “Judge Ande"son practltcally took, the teeth out cf the law." said Ame. “His decision, however, will be effeetive only in that district. “The seme provisions have been knocked out in four or five other districts, but in each esse the justice department appealed t<> the i'nited States supreme court, which Is expected to take up the appeals early in she October term. "Meanwhile the justice department will continue to prosecute profiteers in all dis- WE HAVE WITH USTODAY THE TIMES has prepared a ques tioflnaire consisting of ten ques tions, which It submits each day to some well-known person. Introducing Miss Mamie 1,. Bass. President of the Woman’s City Club. Q. What Is your name in full? A. Mamie Louella Bass tdon't blame nie for that ‘•Mamie"). Q. Hare you ever had a nickname? A. Yes. but it wasn't my fault. Q. What was 'your favorite sport when you were a girl. A. Tennis. Q. What was your star accomplish ment when you were In school? A. Wheeling my brother In a go cart and getting a Greek lesson at the same time. Q. What is your hobby today? A. Boosting the girl that earns her way Q. What was your ambition when you were a girl? A. TANARUS be a great writer. Q. What event in your life caused you to choose your present .profession ? A. I didn't; it chose me. Q. If you had your life to live over. wnat profession would you choose? A. Writing; If I could hold my breath until I made good. Q. What would you do million dollars if you had it to giVe away? A. Build a wonderful building for the Woman's City club. She's in the Pageant! ~ JUNE .lOHNBTONE HUNT. Dressed in tjie costume of the period : of ISrtO, .Tune Johnstone Hunt wilf. take an important role in the centtnnlai pageant to be staged in the coilseim at. the state fair grounds on Tuesday aigitt.. June S. Miss Hunt is the daughter of Mr. .and. Mrs. Elmer H. Hunt. 2202 Broadway. More than 2,0:0 person* will take part in the pageant, which will be one of thee biggest events of the centennial celelwa-s tlon in Indianapolis. , , tricts where the law has been held con-< atltntlonal." PENNSYLVANIA MISERS RAP JUDGE ANDERSOS WILKESBARRE, Pa., May 26. Judge A. B. Anderson of Indianapolis was scored in a resolution adopted here to day by a convention of anthracite coal, miners. The resolution was forwarded to l’resi- ( dent Wilson. Political ‘Machine' Casts Six Ballots ATLANTA. Ga. May 2 Talk about! political machines Look what happened in Precinct 12.19., Appling county. In selecting a Justice of] the peace. The result was certified to the secretary) of state and showed the following: Six votes were cast. One vote was that of the retiring Jus 'tice. The second vote was that of the can ididate for the plsce. The third, fourth and fifth votes were thoe of the three election managers. Now capitol attaches want to know ‘who w’.as fbe sixth voter. iLondon Phone Cos. Instructs Kickers LONDON. May 26. —Undaunted by the 'constant .ind sometime!' prot.-ine nt tacka liVon the efficiency of the lele phone service, the general postoffice has Wf out to correct the habits of the tele phone subscribers.. Anew phone book is out. It carries throughout its pages enrt instructions t" ithe complainants, such as: "Short conversations reduce engaged call* "Give the courtesy you expect." "The telephonist '-an not make your fcli ent answer promptly.'" "Answer promptly.' “Roll the R in three" Italian Puzzled by U.S.; Can’t Beat Wife PfF.RLO, Unio., May 2*5--Salvatm.' Colorarsl, 25, can't accustom himself to the strange American methods. His 15-year-old wife sued him for di vorce, charging that Salvatore had flogged her nearly every day since they were married three years ago. When brought into court Uolorassi aßknowledged she truth of the young wife's statements, and was very much peeved when the court allowed an in terlocutor.v decree. “Since when can't a man lick his wife when she needs it?" he demanded of the court. 170 Producing Wells in Disputed Land WICHITA FALLS. Tex.. May 2d There are 170 producing oil wells on a tract of land In the‘disputed Red river bed now involved in federal receivership, with a total dally production of K,ssto barrels, according to figures made public by Stephen Delano, receiver, who Is now in control of the disputed land under an order issued out of the United States su preme court. A number of oil companies and many Individuals of Oklahoma and "fexas are interested in the land and the oil being produced therefrom. The oil is being marketed as produced and the receiver is holding the money re ceived under the order of the court. SCHOOL PROPAGANDA ASSAILED. ST. LOUIS, May 26.—An ordinance will be submitted to the St. Louis boaed of aldermen by a municipal improvement association asking a maximum penalty of six months in the workhouse or a fine of SSOO, or both, for any director, officer or teacher in t.he public schools who should ask pupils to circulate petitions, circulars or other paper* relating to any political document. HOWTO DESTROY A GOOD DISPOSITION Bad digestion will ruin the best, dis position. If the world looks dark and blue. If you feel as if you never wanted to smile again, if you are generally “out of sorts" and fesl gloomy, stuffed up nd uncomfortable, just take a Foley Cathartic Tablet. Relieves mean head acres, biliousness, blotting, sour stom ach. constipation and other ills that fol low disordered digestion. This fine and wholesome physic sweetens the stomach and invigorates the liver. Cleanses the bowels without griping. or nausea.—Ad vertisement. < Mother's sAl ♦Mothers ADxoiutety Safe ‘ /1 •.it AH Druggists V I A Mi SeoUrt tMuMaul Btbr. Trm I -fir REGULATOR CO. |tPT S-O AnT< ta | The pageant is under the direction of tleoige So nines, director of the Little the ater. W. O. Bates is the author of the pageant book Joint tickets are now being sold for the centennial music festival at the state fair gronuds on Sunday afternoon and night, June 6, and for the pageant. Reserved seats may be purchased at the Merchants Heat and Light Company. 6-Year-Old Enrolls for College Classes OAKLAND. Cal.. May 26—The young est college entrant in the United States has Just signed for admission to Mills college. Beatrice Ruth Yonngberg, 6. has en roiled for the class of 1032. The freshman enrollment for the next semester closed two months ago with 150 students turned away because of iack of accommodation, and the parents of Beatrice are raking no chances. FIN HD FOR FOOD VIOLATION. Charles Moßeynolds of the Sanitary Milk and Ice Cream Company of Ko korno ha* been fined $lO an 1 costs for a violation of the pure food laws, a-cord ing to word received by I. 1,. Miller, state food and drug commissioner. “DANDERINE” Stops Hair Coming Out: Doubles Its Beauty. A few cents buys "Danderine." After n application of "Danderine" you can not find a fallen hair or any dandruff, besides every hair shows new life, vigor, brightness, more color and thickness.—* Advertisement. Plumpness Makes Health Thin People Hoed ThJo. If you are too thin; if you are pale and sallow; If what you eat seems not to strengthen you; If your lips and cheeks are colorless, tt is. because your .blood is deficient in red corpuscles and disease can easily overcome you. as you have no reserve strength or nourishment to uphold you. A pharmaceutical product, celled 3 grain hypo-nuclnne tablets, is much pre scribed for these conditions, and If taken for several months, rapidly Increases slight and Improves the color. But In sealed package of any well stocked • ootliecaiv shop.—Advertisement. THE BEST ON EARTH Says Mrs. Staples of Lydia E. Pinkham’s Vegetable Compound. Taunton, Mass.—“l could "not cat or sleep for six months, hats fa intin" Bisftjsvrr!* [out help for three ; months, caused by female trou ble. My cousin, who was a doctor, told me to take ham’s Vegetable Compound and it helped me great ly. Then during the Change of Life I used the same remedy. I am seventy years old now and am able to do my own housework and walk one mile to church every Sunday morning and evening. lam “recommending the Vegetable Compound to my friends having the same troubles as I had. Your remedy is the best on earth. I cannot find words to express my grati tude to it.—Mrs. Susan C. Staples, 157 B. School St., Taunton, Mass. The reason that thousands of wo men from all parts of the country write such grateful letters is that Lydia E. Pinkham’s Vegetable Com pound has brought health and happi ness into their lives, once burdened with pain and illness such as displace ments, inflammation and ulceration. Why don’t you try it* J, INDIANA DAILY TIMES, WEDNESDAY, MAY 26, 1920. PROCTOR ANGEL IN WOOD RACE (Continued From Page One.) to determine whether it had made a complete tax return that the government case against Dupruy and his wife was started. Carlin admitted. He denied any criminal proceedings had been started against Dupruy and his wife. “Is not the question of criminal pro ceedings still open?" demanded Senator tvenyon. “Yes, but does the senator not know that under "'he statute the settlment of money in a case like this is understood to obviate the necessity of criminal pro ceedings?” “Has your connection with the Pu pruy case affected your relations with Mr. Palmer?” asked Senator Pomereno. democrat, of Ohio ‘‘Not at all,” Carlin answered. "Have you talked with Mr. Palmer about the Dupruy case?” Senator Ken yon asked. “No, but T have talked with Mr. Kel if her, the special assistant attorney gen eral. once,” Carlin replied. Carlin also admitted Dupruy had em ployed Bruce Sterling, Palmer's cam paign manager tu Pennsylvsnta, as coun sel. “What was the reason for that?" asked Senator Kenyon. "Mr. Sterlings law firm is well known in Pittsburg, where Mr. Dupruy resides,” replied Carlin. Carlin stated Francis P. Garvsn, who succeeded Palmer as alien property eus todtan, was one of the heaviest contribu tors to the Palmer campaign fund. He insisted tiarvan, aside from Robert P Scott, Palmer's secretary In the at torney general’s office, was the only one of Palmer’s subordinates who had "coughed up.” Senator Kenyon also wrung an admis slon from Carlin that an agent named Dalian employed in the Internal revenue service, who had been instrumental In enforcing the Crucible Steel Company to make restitution to the government of f9, 000.000 in up paid income taxes, was now out of the government’s service and In the company’s own employ. “Whan did this man Calian quit the government service and enter the Cruci ble steel Company's employ?" ake<l Senator Kenyon. "I believe it was around April 1.” “Ha* the government, through the at torney general's office, begun any crimi nal proceedings against either the Crucible Steel Company or Dupruy?” inquired Senator Kenyon. "! don‘t know of any.” Carlin respond ed "There has been no criminal end ot it yet." “Is the Guffey Gliiesple Oil Company. READ ABOUT IT IN THE PAPERS The experience of welt known and reliable persons impressed him. so he acted for himself. Now declares he is free from rheu matism, constipation, stomach troubles, sluggish liver and nervousness, thanks to Dreco. "I read in the papers about how these folks right here a* home got over their sickness hr taking Droo. so I thought what would do them good would do me good alao so I got Dreco too,” said Mr. Fred Mills, furnace operator, employed by the Warner Geir Cos., and living at fi* I' Flrat St.. Muncle. Ind. "Fve been sick for quite a while and have tried many remedies recommended for my troubles but none reached me: I was daily constipated, my stomach pained me, and after meals I'd get nauseated, have aching pains and fee! that a lump wn choking me in my throat. Mr liver was inactive and often spots danced before my eyes, gtddy speiis attacked me. and Da hsv* splitting bend aches. ! bad a dull, aching pain in my back, in the region of mv kidneys; my nerves were on edge so t couldn’t sleep. "If any one doubts what they read here, they can '-"me to my address and I'll tell them how Dreco gve complete relief from these troubles ; I'm like anew heing, full of strength, energy and vitality. Dreco did the work for me." * The underlying ■'Sime of most stomach troubles, such as gas. belching. Indlg*** fion. dyspepsia, sour risings, foul breatji. acidity, heartburn, etc., seems to be faulty or Impaired nutrition of the digestive tract. It is the height of folly to try to drown a sick stomach with patented tnedSeines nr deaden the nerves with dope pills. You must use nature's own methods by reaching the cause of the trouble first. Once remove the cause and see how quickly all stomach troubles vanish. Mr. Williamson, the well known Dreco expert, has headquarters at Claypool Drug Cos., to meet the local public and explain the merits of this great remedy. Pee him today Advertisement. Begin to Purity Your Winter-Blood Grandmother’s Old-Fashioned Sul phur and Molasses Did IL But Not So Well As This Sulpherb Tablet—Sugar Coated. Through the winter the blood accu mulates poisons, becauso you do not per spire enough, because you do not live in the open air, and because you eat more meat, muah and other rich foods. Every spring we feel sluggish constipated, liver and kidney ills beset us. colds and chronic coughs, pimples, noils and car buncles, all evidence* of impure, thick, sluggish blood. Sulpherb Tablets (not sulphur tablets) are composed of extracts of roots and berbs, combined With sulphur and cream of tartar—and no better physic, blood tonic and blood cleanser has ever been developed. Every spring thousands who already know their value take them to purify the system of Winter Poisons. Now is the time to begin, so you won't bo attacked by serious ailments when Spring and Summer come. Sold by all druggists. 60e per sealed tube, with full directions.—Advertisement. After you eat —always use E■ATONIC BcFob your stomach's saket —one or two tablets—eat like candy. instantly relieves Heartburn, Bloated Gassy Feeling, Stops indigestion, food souring, repeating, headacheand toe many miseries caused by Acid-Stomach EATONIC is the best remedy, it takes the harmful acids and gases right out °* ~ e J XK *y *nd, of course, you get well.Tena of thousands wonderfully oenefltedd Guaranteed to satisfy or money refunded by your own drug gut. Costl a trifle. Please try its with which Joseph F. Guffey Is promi nently identified, connected in any way with the Standard OH Company?” “No." “Do you know of the department of justice prosecuting any oil company?" “No. but If it has not I believe it might be wise to.” Carlin denied any corporation or any other big financial interest was behind the Palmer boom. In the George primary fight the TRalmer forces spent only about SIO,OOO, Carlin said. Me did not know how much was spent in Pennsylvania. "The limit in Michigan was SI,OOO for advertising purposes," he said. JOHNSON S OREGON LEAD OVER 2JOOO PORTLAND, May 26—Senator Hiram Johnson in Oregon’s republican prefer-, ential prjmary last Friday cet-sdlshed a lead of 2,003 over Gen. Wood, practically complete returns today indicated. These were: Johnson, 44.M5; Wood. 42.310; Lowden, 10,813; Hoover, 14,180. TEXAS SPLITS ON DELEGATE QUESTION SAN ANTANIO. Tex., May 26.-Texas republicans today bad two slates of dis trict delegates and delegates at-large to the Chicago convention. Seating of delegates at the state con vention here yesterday caused dissatis faction among the negroes. They held their own convention. Both sessions nominated delegare*. Netther convention instructed for pres ident. WOOD IS TRAIIJNG IN W. VA. PRIMARY HUNTINGTON, W. Vs. May 26. Senator Howard Sutherland, a favorite son, was leading Gen. Wood In the presi dential primary on returns today from Vacation Shoes for Boys Memorial Day Special White Canvas Athletic Shoes with red rubhpr soles and tan leather trim- mmmm *| EXTRA SPECIAL Black or White Tennis Oxfords Fourth Floor Department. Buy Shoes at a Shoe Shop—Eight Floors of Shoes. Marott’s Shoe Shop 18 and 20 East Washington Street Steaming Hot Water is available at any hour during the day or night in any part of the house if you have A Pittsburgh Heater You need only turn the faucet and an inexhaustible stream of piping hot water continues to flow until you turn off the faucet. You Save Ten Dollars on any Pittsburgh Automatic Water Heater purchased either from us or your plumber this week. This special offer good only till next Saturday. This Is Water Heater Week Come in and see the “Pittsburgh" in actual operation Our ex pert will advise you regarding any water heating problem without charge. Citizens Gas Company Majestic Building 49 South Pennsylvania Street. M 112 of the state’s 1,330 precincts. These precincts gave Sutherland 3,115 votes and \yood 2,362. PENNSYL VA NIA NTO NOMINATE PALMER WASHINGTON, May 26.—Attorney- General A. Mitchell Palmer’s name will be put in nomination at the San Fran cisco convention by John H. Bigelow of Haxelton, Pa., It was stated here today. Bigelow is a lawyer and a lifetime friend of the attorney-general. Gov. Edward I. Edwards of New Jer sey, will be nominated by Charles F. ;X. Oxbrun of Jersey City, director of MOTHER! “California Syrup of Figs” Child’s Best Laxative Accept "California” Syrup of Figs only —look for the name California on the package, then you are sure your child is haring the best and most harmless physic for the little stomach, liver and bowels. Children love its fruity taete. Full directions on each bottle. You must say "California."—Advertisement. the department of public safety. Former Got. A. B. Sbellenberger of Nebraska will nominate Gilbert H. Hitch cock, Nebraska’s favorite aon. Will Claude Porter, chief counsel of the federal trade commission, will per- Fa; l" jj Each I FRIEKD Week Week Remarkable Reductions OUR ENTIRE STOCK OF HIGH CLASS CLOTHES FOR LADIES, MEN AND BOYS REDUCED FROM 15% TO 25%. YOU CAN CHARGE IT Ladies’ Suits, *25-00 a LADIES’ Dresses, *ls-00 J^Sp Ladies’ Coats, * 15-op Ladies’Skirts, *5-pp ]Kk Sweaters, *6-po Waists, *5-oo Men’s Suits, *2O-po Boys ’ Suits, * 10-00 Raincoats, * 12-? o We Trust You lp|||||t|..£ Consider for a moment what these remarkable re ductions mean to you—with one of the largest and finest stocks of ready-to-wear clothes in all Indian apolis to choose from at REDUCED PRICES, and on our usual easy terms of payment. Open Open y rai* lVz SQUARES WEST OF STATEHOUSE Notice to Patrons of Ft. Harrison Line On account of shortage of coal, the service between In dianapolis and Fort Benjamin Harrison will be changed as follows: All limited trains except the Marion Flyer will stop at Spring Valley, on signal, connecting with shuttle ear operating between Spring Valley and Fort Benjamin Har rison. Local cars leaving Indianapolis at 6 :00 A. M.. 8 :00 A. M. and 12:00 noon will make all stops between Thirty-fourth street and Lawrence. Local cars leaving Lawrence at 7:09 A. M., 9:09 A. M. and 1 :09 P. M. will make local stops west bound Lawrence to Thirty-fourth street. Regular Fort Benjamin Harrison cars will run as follows: Leave Indianapolis at 5:00 A. M., 7:00 A. M., 4:00 P. M. and 6 ;0O P. M. ■ Leave Fort Benjamin Harrison at 5:52 A. M. t 8:05 A M„ 5:05 P. M. and 7:05 P. M. Union Traction Company of Indiana “PEPGEN MEANS EVERYTHING THAT BRINGS GOOD HEALTH,” SAYS MRS. M. BAEYER, SOUTHERN AYE, “A small sum paid for a bottle of Pepgen is the best investment I ever made." says Mrs. Mary Baeyer, 126 West Southern avenue, Indianapolis. "It has paid the handsome dividend Os restoring me to health. No medicine could do more than tha*. and from my experience I doubt whether any medi cine could have done as much. “For thirty years I suffered until my system was all broken down. Stomach trouble had caused loss of strength, fitful sleep, no appetite and finally a near nervous collapse. “I was much interested in the state ments that had been published about Pepgen and finally decided to try it. "After the first few doses of Pepgen I felt improved. I eontlnned to take it and I continued to get better. My appe tite returned and I could sleep sound. “Pepgen means everything that stands Take a Hot Cup of Tea on Rising It acts like magic in overcoming morning irritation after waking. f Safe-tea First. Packed only in Tin, to keep the Flavor in. form a similar service for E. T. Meredith, secretary of agriculture, of lowa. Who will nominate the other candi dates for party standard-bearer at San Francisco has not been definitely deter. mined. for good health to me.” Pepgen is composed of the oils and juices of a great many different kinds of leaves, roots and barks, each recog. nlzed for its value in treating stomach, liver and nerve troubles. Thousands rec ommend it. For rheumatism, lumbago, neuralgia, aches and pains try Pepgen Liniment. It Is made from mustard, red pepper, sassa fras, menthol and ammonia. It pene trates, but will not blister. If troubled with constitpation Peparen Laxative Tablets. They thor oughly cleanse the liver. They are dif ferent from anything you have ever tried —eaten like candy. Pep sen Products are sold at the Henry ,T. Huder drug store, corner Washington and Pennsylvania Sts., Illinois and Mich igan Sts., and by all other leading drug stores everywhere.—Advertisement.