Charleston Daily Mail (Newspaper) - January 10, 1931, Charleston, West Virginia CLOUDY VEST cloudy tonight and Sunday followed by rain Sunday and night slowly rising temperature Sunday YEARS TO OF HOLDUPS IN CITY Total of 57 Tears Imposed in Intermediate Court in Cases of Ten CHEAT RIVER Constitutionality of 1929 Water Power Act Upheld Court Overrules Public Service Commission Holds Investigation Was Inadequate IN STEEL AGREEMENT BEACHED ON MUSCLE SHOALS PROPOSAL IS Bobber of Summers Street Place Admits Guilt sa Judge Arthur P Hudson day handed action in granting -3 Boost of Tons in De- cember Exceeds Wall Guess 175 TRUE BILLS FOUND Indictments for Felonies Number 125 Sentences totaling 37 years were imposed in the cases of 10 persons who pleaded guilty in intermediate court Saturday to indictments re- turned by the January term grand jury 40 years of the total going to three young men who committed two holdups in the city In addition two boys indicted for entering were by Judge Henry K Black to serve terms in the state reform school They had been turned over to Intermediate court because of long records Jn Juvenile court Two of the holdup men Howard Hawkins and James C Gates re- terms They held up the American Oil company station end of tha Kanawha City bridge about two months ago and obtained The money was found on Gates after he was cap- tured by Lieutenant Dave man who was summoned im- mediately after the robbery The capture ot Gates ended a foot race flown the C and O railroad tracks In the vicinity of the oil station Hawkins was arrested a short time Each denied having a gui ChlaT Blackwater rivers to the state which thB intent was to promote of Cincinnati on d proceedings th decent citizens j lie test of throughout all the city and coun v of municipal looked on their city's but LARGEST DURING 1930 Improved Inquiry for First Quarter of New Year Responsible a 1 j and the attendant testified at their preliminary hearing that none was displayed but they pleaded to armed robbery Alphonse Mack a youthful bandit who was caught by police after holding up a Summers street and who later confessed to Prosecutor J Blackburn Watts that his only previous crime had been the reading of Western thriller sounded the shame and the They did not i had In about the obtained ment year 1925 civ rather they wok militant pie rose in their might The new city charter pro a govern Thoy nominated a ticke council limited to nir elected Some of Republicans others wer regarded th Democrats but city redemption rul as more Important locally than any political party The ticket won officer of the corps of engineers a sal They him magazines also pleaded guilty to armed His term was set the sible according to state law Additional Sentences The other sentences on pleas Elvin Turner breaking and ing two years Emmett Slack and Wilson Lavender stealing and ing a cow three years each mond Miller larceny of an blU three years Harry Pierce forgery two years Charles O'Neal and Cecil Cook breaking and en- tering two years each giving the sentences Judge Black set the trial dates for several persons indicted by Jury Friday The murder trial of Harry East Bank of ne went to arrest for successively elected Gregory and William Siders who are the city his salary six times In the of just k streets Knows political party t any this efficient officer to Political assessments were stopped The city government was and taken to J there was no sale discharge of city tims of a bad system a long story and we are not The has been At the last ta that no advantage wM om td of tho I o ln his application Bearing in mind that the of this act Is o promote r h nPe that it should be stric that to to stantial economic People thereof as a which and rivers northern decision handed down Hudson In tho of slants to th n the Cheat ern part of the rom the action of the public In granting a license to lop power to the company and NEW YORK Jan 10 Unfilled orders of the United States increased December to a total of 3 tons December 31 In No- an increase of ton was reported The backlog as of November 30 was tons On October 31 unfilled orders aggregated j 30 the total tonnage was tons and December 31 unfilled ders amounted to tons in the backlog the largest shown In exceeded all street forecasts which at between and J i tons he some Influence on the size the Increase a better inquiry and the placing large orders for the firs quarter or the new year were helV largely responsible for the showing Sharp Contrasts Seen CHICAGO Jan 10 contrasts In unemployment and re- developments In the Midwest were seen today with sands of men preparing to go to work In some places as hundreds threatened violence at others In pressing their demands for work While Detroit rejoiced over Henry turds recall of men to work next Monday unemployment in Torre Haute Ind Ariz and Oklahoma City led to protest ings and In some cases violence threatened At Terre Haute about 100 men yesterday marched upon a construction camp where about DO Mexicans were working They de- manded that the Mexicans quit their Jobs About half of the Mexican agreed to leave and the local men said they would apply for the jobs ne of the unemployed revolver shots into FINAL EDITION TO FRAME PROMPT REPLY TO J Refusal to Resubmit nations to Power Body Seen Monday men fired BANK HELD BY BANDITS TILL TIME LOCK OPENS Robbers Detain Cashier and Wife in Directors Room and Overpower Sheriff and Companion Who Come to Investigate Escape With Their Loot two RETIRED PHYSICIAN DEATH Dr A T Mairs 76 Years Old Dies of Heart Disease Of Medical Family Dr A T Malr years old re- laborers refused to the order to get out city of no ma City considered today the which 100 men handed him after a mass meeting his office The petitioners and the police who called were not needed At Ariz 200 jobless men announced they would march to construction site that more men he higher T o men robbed the First National mg Levi Cole assistant cashier and Sheriff John Fry and others were waiting for the lime lock to the vault at 9 a m Cole and his wife were taken to the bank and locked In the tors room They were blindfolded As employees began arriving they were covered with guns and locked in the room Attention to the f fracted until when Sheriff at lta hour John Fry and W C Blank went to Investigate they were forced Into the room with the other cap- TRAPPED MEN GET AIR THROUGH Rescue Squads Labor to Reach 20 Workers Entombed by Cave-in calif Announcement was made at the portal of the Mitchell tunnel at MITCHELL CALLED IN I Attorney General ing Answer 1 DEBATE ENDED Resolution Put Through by Vote of 44 to 37 WASHINGTON Jan 10 leaders in the house decided today to force the drought relief appropriation to conference with the senate under a special rule to speed enactment 10 UP President Hoover called in Attorney General Mitchell today to frame an reply to the senate demand Jan 10 for return of the nominations of the commissioners the White was silent unne at en S T today that Jt would in advance of the -s The latest word interior senate's request the power commissioners in the time for the rescue at carried on as usual today noon was given out by dark M J the senate action All three the etch project commissioners concerned were at A thin metal tube carried air to their desk by 9 was not nis nome i street at fl o'clock vault 310 unlay morning of heart He had not practiced his profession for about three years Mairs father and wer md also grandfather e doctors the available loot In an an his only son Dr Atlec Mairs Appellants In thp case were lobcrt i their editor of Wheeling In- iher of the brought about the strike scores of men working he new county W at the posts to member of the medical At one time from 1910 of tho his father and anci demand I -s 0 a here employed time rather Dr the Dr Atl his medical d Get in Cleveland CLEVELAND o Jan 11 robbed courthouse left demand that s employed with them be and their jobs clven tn a day in governed but of all rated the our ews former Governor Albert B of and A nn engineer of KIkins The appellants attacked the con- o of the 1929 power act and also charged that the fails Commission had the the adequate Investigation of i rnnt and they were I t stay until they had eaten white men at salaries of 54 stead of Raid Made on Restaurant O Jan 10 Seventeen men faced charges creating a disturbance t or his graduation from the of and in 3 us I Dr moved to where mained for 22 years He then moved to In his profession here for 25 Resides his son he leases two Mrs and Mrs Kdw mpn se the telephone ic service commission today as the to conform to provisions fu an Invasion of a nct They further charged that demands for food commission had not made an y men intr the Delaney all of Funeral lie hold at the o'clock Monday will be in services wll residence at f morning Huria Sunset Memorial park If he she handed tho cage snipped the telephone wires m The tunnel a San Francisco wa project was the scene of two disasters that last year claimed the mes of 19 men The cave-In occurred at n m yesterday when a thick wall of and stone suddenly between the 20 miners and the en- to the tunnel Mine officials declared that an a amount of oxygen to keep the entrapped men been destroyed and that there no immediate danger messages not n telephone As the Instrument through he Im- are all right one the men reported to the outside il J Lyons clerk on for a t will get them out as soon as Lyons said but are no immediate danger There possible had Washington street Ar HEARING GANGSTER Asked by Brothers CHICAGO Jan 10 In which SIdera was chased through scored a in the first the streets of the business section esal in the proposed flgh to send Leo V Brothers captured near office requested an to the electric chair for Dates Set nrd S other Jury Indictments ay Kenneth Miller James MIckel Lynch larceny of an auto- murder grocer Efforts Intended to I's hand by produce force the e accused man in court Immediately met with when Judge chief cases Moore p< Willie a reversal Philip J acting Justice of the criminal court made writ returnable e Individual cases of Wednesday one day longer r James Stanley and he prosecutors requested individual L of Th Ear In behalf of his mother ed attorneys who alleged that the Frank Williams and poner Incommunicado In i counts of secret place of Detention since De cember 21 was not receiving his constitutional rights water power projects which It approved that coal mining would be affected that scenic in the Blackwater district would be destroyed and that the license fee provision of five water power act calling for a payment to the state of per 100 er was Insufficient It was charged that the water power act was unconstitutional be- cause it attempted to confer upon the governor powers not his un- der the constitution that it at- tempted to confer powers upon the courts that it license privileges to cor- only and that It was not enacted in accordance with section of article VI of the construction regarding the reading of bills In the legislature Voluminous testimony was In- In the case with the West Virginia Power and Transmission company attempting to show to the court that the economic advantages that would accrue to the state would outweigh the disadvantages paying Police were loaded tho IT Into a patrol wagon and dispersed the rest Market Invaded Jan 10 women and eight men were held by police today for tion as the leader of a crowd of -00 men and women who marched on a market ed to carry Tho some carrying Communistic banners DEFENSE OF COAST RESTS WITH i Longstanding Dispute With Navy is Ended Jan 10 attempt foodstuffs ot 10 S1 J the States and its overseas Is now up to th to the United possessions The a that has involved several other government branches and congressional debate Jn future the naval air force will arm of the guns I Is no gas down there to -an who had cut 1 They ran out of If I It was timbers pressure became too ran out of the door Chicago Bank Robbed earth suddenly tunnel The slide the collapsed Into the ACTION IN GAS CASE COURT Motion for Suspension Will Taken Up Next Week sponsion of increased ently granted the United high the of that the men were not in great sAeT out- thC rescue Precedent in Action jan 10 19 senate last night asked to return the er of the The action unprecedented BO far as senate records showed sinco tho had assumed taken by fl roll call vote of 44 to 37 after five days debate The reconsideration move was launched gainst Chairman George Otis Smith Draper and because upon taking oath of hi A Solicitor A Russell and Chief countant V Power Trust Charged The general power trust Issue figured in the debate Several re- advocates that the electric interest the In their action Republican Washington sal by thp power trust The opposing side argued that t dismissal was a routine of law to all employees the commission hat power trust nor Power were at that the recall move was the senate's rights since the com had taken The White out no H li rom Page Eight RIVERS AM Saturday and the aK after a cloudy and Both the Kanawha and Elk r were still falling The mercury to 38 degrees Friday Sun rises Sun sets Moon rises OF TOWN'S 12 POLICEMEN IN JAIL Charged With Robbing Stores in Palestine Tex Tex Jan 10 -One half of Palestine's police t t in today under guard I of the other half of the town's six policemen The The case was to Judge Hudson on last 21 Purposes of Act Misconstrued Paragraph of Judge Hudson's eight page written opinion The court's conclusion Is that the commission misconstrued the purposes of the act that the evidence does not disclose that sub- stantial advantages will result to the People of the state as a whole from the development of the posed projects involved in the cense authorized by tho commission and that the commission has failed to require from the applicant such reasonable economic advantages for the state as a whole and the peop thereof as tho act contemplate Therefore an order may be remanding the application to th commission for further tlon proceedings and orders In ac cordance with this decision to the attack on th constitutionality of the water pow er act the court is of the opinion that he had authority to pass upon and determine under section 53 POPE'S ENCYCLICAL WILL NOT HURT THERE Divorce Mill Officials to Se Small Decline a Suits to Sever Marriage Bonds as Result of Letter Regret Domestic Strife Min Friday 24 The three not under arrest said m that a search of the homes of Hosea o Morris 20 year traffic the nct he question a m Jack Pryor 27 years old and Tom the Protestants and whl i Turner 45 years old night i have been argued by man cigarettes cigars Tho Kanawha at Kanawha Falls 3.6 feet falling Charleston feet pool The both tho of gars furniture and clothing stolen from i that the said act Is merchants here They were unable to give bond so at were Imprisoned In their own jail natl 13.2 feet at Pittsburgh 10.8 feet pool Boat Movements The Reliance dam 11 clock botti down the river pany Eastern Air Transport planes on the line I upon tions made by the public commission before It the water power license to the West Virginia Power nnd Transmission opinion la apparent from tile a ml also when tho magnitude of The passengers and otherwise had make them feol at home i CrtO months try to and perhaps years to I On Page Eight the RENO Nev Jan 11 though respectful toward cal ot Pope Plus annr leading figures In famous divorce mill wore of thp opinion today that the col- no flino In the commodity sought here In the past The fallings of human nature attributed by many the THREE ARE KILLED IN AIRPLANE PLUNGE Fourth Man Injured During Races at Miami MIAMI Pla Jan 10 CUP to in'The missed fire at an altitude of abou -0 feet when rounding the north tho field tangled In sor wires and into a of SrS ere ln a home ent will as lfl B'y Thomas Moran who If I were not thoroughly eon that divorce Is fair and then my conscience would no illow mp to on bench annually grants th tha ousands of de E at- a prominent ami mayor of I times suffering mental and anguish as a result of misfit marriages are entitled to a tion nnd to a new clean slato to start thp remainder of their lives 1 t extol divorce but I do Justify agreement that made no demands concerning ty and general faithfulness was hold for the greater lumber of divorces Bicker TRADEWIND LEAVES ON AZORES Flight for Paris is Resumed at Bermuda Bermuda Jan 10 The seaplane Mrs Hart and enant William s on a light from New York to Paris arted at a m E s T day for the Azores Islands The plane arrived here from folk its second attempt to make the stage of the flight from New lork to Bermuda It was bH day condition the Azore Nathaniel Ushur Dies in Potsdam N Y POTSDAM N T Jan 10 AIM Admiral Nathaniel 75 years old retired n work edition and who saw ac c lhC Ue After brief funeral services at his FIRE INJkTDOWELL Buildings at Fordson Coal Plant Destroyed fire Hoover that President limner take hut friends In the senate predict be will refuse to a difficult would he the only moans then open to re- move thc commissioners forces wore led bv Couzens gan both How Thoy Voted Tho roll call on of nomination Chairman Smith the only record vote taken Blame Jan 10 How Hatfield Stood D ces a this afternoon the will Hebrew Educator Tells of Dis- covery in Jerusalem Jan 10 rus C Hebrew Association of E a tomb had been discovered Jerusalem which bore the explaining that Illness m Huntington by ich vota to free from ha On