Frederick News-Post (Newspaper) - February 21, 1935, Frederick, Maryland Today Vol. 62. ASSOCIATED HUMS Morning It Menu that UM foreign to do anything within about their war pay THURSDAY FEBRUARY 21, 1936. EIGHT rAGES TODAY COURT DECIDES CONTEST OVER GRINDER WILL Held The Deceased Did Hot Die Intestate AA To City II I N In an opinion filed tha Frederick County Circuit Court de- that Margaret L. lato of thia did not die aa to her home property at 111 East Church despite the fact that In her the testatrix made for the disposition of the erty and said it was located on Bast Third effect of the opinion is to de- ny absolute title to the East Church property to Mrs. A. wife of Reefer Howard who claimed in a petition In equity court that Miss Grinder died tate as to the property in Mrs. Knill said that since she was the only surviving heir at she entitled to title to the East Church street according to the the erty in question a part of the residuary estate of the lata Miss court decreed that words house on Third and the words said home on Third contained Jn the paragraph of the will quoted in the opinion in both Instances refer to and mean the home of the located at 111 East Church street and the words in the came paragraph includes said home Ths court directed costs of the cose to be paid out of the Residuary legatees of Miss who were defendants in the action instituted by Mrs. for tion of the St. Joseph's Catholic and Rev. M. J. Miss Regina and Rev. John J. pastor of St. John's In an agreed statement of the court was asked to construe a of the walch reads the rest and residue of my with the exception of my home on Third Frederick to be converted into cash and invested by my said and the proceeds arising therefrom gether with the income from my said home on Third street to be paid to my two Tolie Grinder and or the survivor of STERILIZATION MEASURE TO DE OFFERED SOON County Delegate Will Pre sent At Bequest Of Local them during their or the life of the and then to my Viola for and during her and after the death of my saM sisters and I devise and said due as Issues At The court was asked to determine the following to whether the said Margaret L. Grinder intestate as to the dwelling property on East Church A sterilization law for which would be used only In tional cases will be Introduced this week in the House by the Frederick county The it is understood will be of- at the request of a group of representatives of social and civic organizations of the city and The would provide for the of a State Board of Eu- to supervise the law and would grant the right of appeal to state According to its It would have the following Prevents parenthood but is not a birth Control method; does not un- sex the is a protection to the Individual and society and carries no permits patients to re- turn to their homes who would wise be thus preventing breaking up of avoids dren being born to be brought up mentally diseased and takes a great burden off the and is a practical and necessary step to prevent racial The State Board of cording to the would be ed of the Director of the Director of the State Department of Health and the president of the cal and Faculty of any two of whom might act as the The would serve without compensation and the re- cords of the it is would be part of the work of the State Department of It would be the duty of the board to pass on applications for eugenic sterilization and keep a record of Whenever a superintendent or director of any state mental dis- ease institutions for the care of mentally deficient or the head of any state etc. would be of the opinion that it would be for the best interests of the patient and of society that any inmate should be he would submit to Eugenics Board recommendation for Under the he would first be required to submit a petition stating facts of which must be served on the as well as the Inmate's guardian or com- Following required by the the Board of Eugenics would hear the petition and all It could deny the petition or approve it and order the etc. to with the From any Border entered by the Eugenics there would be the right of appeal to the Circuit Court in the county in which the institution is located or the Circuit Court in the county in which the inmate formerly On such an the ARMED BANDIT MAY BE PUT TO DEATH 25, Flnt To Stand Trial Voder New Kentucky By The Associated Feb. A bandit who refused to compromise on a. life holding out for 10 faced the electric chair tonight for a robbery here December 10. Junes 25, was condemned to death by a jury today the first doomed under new statute providing death for armed robbery The trial only lasted 11 Three employes of a company Identified Trout as an ed man who participated in a up of the firm's to whether the saM Circuit Court could consider the re- L. Grinder erroneously descried her I proceedings before the home property as being on Third i Eugenics such In it was on East Church street and whether the tion of the after referring to it as her when she only had one home property in can be treated as the said Margaret L. Grinder died intestate as to said to whom does it the at law of the said deceased or the residuary devisees in her The court real Question to be determined by the court 5s whether or not the testatrix died in- testate as to the real estate therein described by her as home an Third Frederick by reason of the fact that the only real property she owned in erick city ai the time of her death was her situated on East Church Court Cites The court then cited general rules applying to the construction of wins as cited in a nun decisions and my this is a case within the above the home oa Third Frederick so far it Is that Third applies to no sub- ject at will be rejected and wiH not the devise since tie part of the description which is Frederick plies to one subject and when read in the light of the surrounding the testatrix de- scribes the property with sufficient certainty to identify and when taken Jn connection with the rest of the sentence 5n the ing to make a part of She residuary the final disposition of after the death for is not before the court for construction in these The sane rale of tion applies to UM words said home on Third occurring ther on in the same paragraph of the will the testatrix did not die intestate as to the said home by reason of the fact that her will states thai Jt was on Third street instead of its true location Church Jacob Rohrback was attorney for i Mrs. B B. this and Calvin and were attorneys for Uie uary other evidence as would be deemed The law would also provide for a further appeal to the Court of During such in regard to sterilization would be etc. would not be liable ly or criminally for such action as they might It is understood that the is modeled after a similar statute now ir. force in Proponents of the measure say that more than half of the states now hare such POLICE PASSED Increases Force To 31 Md. Feb. placing the Montgomery County lice force under the merit system cleared the last hurdle of legislative channels Tuesday when the Senate concurred in a Bouse The measure goes to the Governor for his Senator Stedman Prescott ed the measure which increases the force to 30. It made rapid progress through the Senate as well as the although the latter ed it by reducing the salaries the police chief to of HOTEL MANAGEMENT IS SPEAKER'S THEME Manager Of Guest Speaker At Weekly eon Of Botary An Interesting hotel including experiences with various types of by Russell A. ager of the Ambassador D. featured the weekly meeting and luncheon of the Rotary Club at the Francis Scott Key Hotel Wednesday I. singing was led by R. Ames Announcement was made that the club had been invited to attend an meeting of Rotary Clubs at Alexander February 27 and that about persons from various states in- in the Oxford movement in religion will hold a three-day beginning today and continuing until Sunday at the local The meeting will in the form of a house Mr. said the hotel is a large subject with many He ed out the advertising value of a kept hotel to any city and added that ss the trade of a hotel is made up largely of tourist traffic it is therefore a real asset to any The speaker then related some very in- cresting experiences with types of patrons and explained that a successful hotel manager must sess the faculty of making the best of emergency situations and dealing with different types of to a manner that will bring about the cest stated that hospitality and courtesy are necessary factors in the management of any hotel and that varied experiences keeps the manager elert and he becomes very fond of his Mr. Conn described that a modern hotel is a city within itself snd that it is not necessary for its patrons to go beyond Its doors for any practical Speaking of the Ambassador Hotel of which he is manager Mr. Conn that approximately sons visit its lobby each day and that about 100 checks per involving more than annually are and about per month goes the way of bad The speaker paid tribute to the ment of the Francis Scott Key The visitors were J. D. Roger B. and M. J. the latter proprietor of Hotel 225 GUESTS AT RECEPTION LAST EVENING Grand Commander A. E. B. Jones Among Officials Entertained About 225 including attended a delightful event by Jacques DeMolay Com- mandery No. 4, Knights Templar at the Masonic Temple Wednesday The event included dancing and refreshments and planned by a com- posed by o. Cyril Clifford E. Raymond H. Joseph 8. and coln D. Right Eminent Grand Commander of Knights Templar of fred E. B. Jones and Mrs. and representatives of burg No. 7; Brightwood No. 6, Orient No. 5, Palestine No. 2. Beauseant No. 8, St. Bernard No. 9, Hagerstown and others were The Sir Knights and their ladies were welcomed by Marion Stull commander of Jacques deMolay who referred to the pleasure of greeting the visitors and At the con- of his remarks a grand march was held followed by entertainment by professional entertainers from Refreshments were served at intermission followed by another appearance of the entertainers and concluding with Music was furnished by The ers were Fred East and Raymond and Miss Mary the latter a dancer of Decorations were in black and colors of tha Among those present Mr. and Mrs. Alfred E. B. Alfred S. B. Dr. and Mrs. P. Rev. Dr. and Mrs. G. Ellis Mr. and Mrs. liam O. Mr. and Mrs. Paul S. Mr. and Mrs. Albert T. Mr. and Mrs. Sperry L. Mr. and Mrs. Grayson E. Mr and Mrs. M. F. 3r. and Mrs. Charles E. Mr. and Mrs. Alvin G. Mr. and Mrs. Samuel U Mr. and James Heinlein Mr. and L. William Mr. and Mrs A LeRoy Mr. and Mrs C. Mr. and Mrs. Charles COAL WEIGHING ORDINANCE HIT IN CITY COURT Attorney For C. C. Says Fees Are Frederick city's was attacked as arbitrary and enacted the purpose of ing the local coal end not for the general welfare of the zens of by William M. former state's and counsel for Carroll C. during another long sion of Police with Magistrate Walter E. Sinn Wednesday la addition to the the magistrate heard a number of other sending one man to the House of Correction for assault and another to jail for 90 days for indecent held a. third in band for grand jury action for malicious destruction of property and disposed of a of minor city The case was held under advisement by the magistrate following arguments by Mr. Storm and Benjamin B. the city in the absence of Edward J. city who was called to a meeting of the board of Counsel indicated they would give the magistrate references on a number of decisions upholding their respective viewpoints Attacking the constitutionality of the Mr. Storm said it com- Warfield and other such sons haul coal here direct from the mines to have the coal weighed on yet mitted local coal dealers to weigh PRICE TWO CENTS KENNAMER MURDER CASE GOES TO JURY Defendant Claims He Shot John F. 23. To Prevent napping Of Oil Feb. men listened today to conflicting de- of Phil Kennamer and faced the duty of determining which is the true of a cold scornful of the or that of a cor- nered man fighting for his life and to protect the girl 19, charged with killing John F. 23, at Tulsa last Thanksgiving himself said he killed in self-defense and to prevent Gorrell to carry out a plot to kidnap Virginia oil The state's attorney scoffed at this EVERYTHING T 0 CONSIDER NRA Both Branches Favor Provisions To Protect Little Business DEFENDANT WINS IN APPEAL CASE Litigation Involved Allegedly Due In their coal on their HAUPTMANN COUNSEL WILL CONFER TODAY Effort Wilt Be Made To Compose Recent Differences Which Developed Among The Associated N. Feb. Richard four lawyers will meet here tomorrow to try to straighten out their differences and decide on the next move in the peal from the death sentence for the kidnapping of the Lindbergh The conference win either close the breach in the ranks of the lawyers or widen it. probably Should J. disagree with C. Lioyd Fisher and F. A. Pope on Ihe next action to be Egbert of the New York sel has indicated he will side Meanwhile Pope is preparing the writ at which he win mail to the clerk of ihe Court of Errors and A copy will be sent to the warden of the state prison and this will automatically stay now fixed for the week of March 18. until the appeal is No Policy Yet Says New Motor Vehicles Commissioner Mt. Airy Man Succeeds Col. Long Head Of ML Md. Feb. Walter R. business man and roll county political leader who has been named by Governor Nice to ceed E. Austin Baughman as Com- missioner of Motor said day had no fixed policies to an- yet in connection the ad- ministration of his new Tm conduct its affairs titter and Mrs. A. G. of entertained the officers of UK Lather League at fellowship day A very delightful was Those present and Mrs. A. G. Dr. and Mrs. S. E. Mr. ana Carlos i Miss Josephine I has on business and run it as economically .as he as far as any policies are con- Tm not in yet and have nothing say about Mr. Rudy was postmaster oT Mount Airy for sixteen bot never has held may other public His practical knowledge of motor vehicles thai of a man who has been his own since and who for twelve years was in the automobile in his Mr. Rndy JH Knee 18t7. ft member of a firm of selling out to a He is still the senior member of a hardware firm and is of the First tional Bank of Mount He is also interested in a Mount Airy canning Mr. Rudy became active in politics before be was of age and since 3900 has been a member of the Republican State Central Committee of Carroll Since 1918 he has been dent of the From 1S9S 1914 he was postmaster of Mount He was a delegate to the can National Conventions which nominated Hoover at Kansas and Harding at Chicago and has served as a Presidential in 1923 he Republican candidate for the State Senate from Carroll but was As a candidate for the State Senate Mr. Rudy announced himself as oring good roads and enforcement of the Eighteenth and as being opposed Jo race-track Generally he be still stands for Jaw enforcement and Mr. Rudy is married and has one Mr. and Mrs. A. Hart Mr. and Mrs. Harry O Mr. and Mrs. Roger B Mr. and Mrs. Byron A. Mr. and Mrs. Francis B Mr. and Mrs. R. Mr. and Mrs. J. W. Mr. and Mrs. R. L. Dr. and Mrs. J. W. Mr. and Mrs. W. H. B. Mr. and Mrs. Clifford M. Mr. and Mrs. Raymond X Mr. and Mrs. Charles W. Mr. and Mrs. Thomas B. Mr. and Mrs. Joseph S. Mr. and Mrs. F. C. Mr. and Mrs. A. S. Mr. and Mrs. Walter L. Mr. and Mrs. Thomas J. Mr. and Mrs. Albert Mr. and Mrs. J. C. Mr. and Mrs. J. B. Mr. and Mrs. J. T. Mr. acd Mrs. Harry T. Mr. and Mrs. William N. Mr. and Mrs. Horace C. Mr. end Mrs. E. Mr. and Mrs. R. Ames Mr. and Mrs. Frank A. Mr. and Mrs. Walter Mr. and Mrs. T. J. Mr. and Mrs. Frank E. and Mr. and Mrs. L. W. Mrs. Preston E. Mrs. Harry Mrs. Grayson E. Mrs. R. C. Mrs. Paul Mrs. Grover L. Mrs E. S. Mrs. Charles Mrs. W. C. LeCore and Mrs. Irwin Misses Helen Eleanor Virginia Dolores Mayetta Ruth Barbara Ruth Annabel C. Alice A Mary Ruth Kathryn Florence Blanche Lee Helen M. Con- Jane Mary L Marjorie Betty Helen Frances Edith Liday Mae Charlotte Katharine and Rosena R. A. Dr. A. J. Edward A. Frank C. L C. Leonard Marion Stall P. A. W. C. Lincoln D. Albert M. A. K. F. A. Albert N. Charles L. bert M. Condon and William 4-H MEETS he the ordinance was dis- The he de- adding that his remarks were not was designed to in- the business of the local coal had depleted by and others hauling from the Attacks Weighing He bitterly attacked the provision of the ordinance charging 25 cents per ton for saying the est price he could find charged in any othar state was 10 cents per It was arbitrary and he He also questioned whether tie hours during which coal is ed in the had been set by of the which he claimed was and whether the from 8 a. m. to 5 p. m- had been officially recorded in the minutes of the board of He that such hours against his client could not get to Frederick during an nary day with a load of coal from the mines until after 5 p. which prevented weighing until the next resulting in loss of a ing Mr. Rosenstock gaid the ordinance A verdict for the defendant was re- turned by a jury in the case of Myer Fannie Abram lon and Anna trading as V. and Company against liam B tried in the Circuit Court Wednesday afternoon with Judge Arthur D. Willard on the The case was an appeal from the Magistrate Court of Justice man P. Bowers and was based on an alleged debt for rent held by Lhe Kaplon Company against The parties are from The case was originally tried be- fore Justice Bowers who returned a verdict of one month's in favor of The latter claimed that for two month's rent was due him and he appealed from the decision of the lower court to the Circuit Following the mony of twelve four for the plaintiff and eight for the de- fendant the jury returned a verdict twenty minutes for the de- The testimony was to the effect that Wenner conducted a store in ihe property of the Kaplon Company for some years On different sions Wenner asked for improvements which it was alleged promised by but which did not Following a discussion ner said something about vacating the store room and Kaplon replied that that he could do this at once as he had another in Wenner left 7 and Kaplon sued to recover the rent for the month of December and also for the month of January claiming that un- der an agreement he should have had one month's notice in advance of intention to no such agreement existed and that he left the promises after being informed by Kaplon that the latter had another Witnesses for the plaintiff Victor Myer Ralph to show their weight The hours for he are noi unreasonable and he felt 23 cents was a reasonable price weighing a ton of The he passed to prevent impositions on the public and the practice of fraud by short The he down to what is able and is what discriminatory and what is non- Both lawyers cited opinions from different Testimony was given by cer George cer Daniel arrested John a driver for Thursday He said ter said the of which he was placing ai a local hod baen weighed on scales not by the City it was are at and Deitrich and Chief Alkn Bartgis also the latter stating that the trip from the mines to Frederick required such a length of time taer he was not able to reach Frederick until after for ing in ths Bar Broke Evidence on a charge of was considered sufficient to hold Roger near action of grand jury under said hs was awakened early fally projected the public and that j Weedy and Thomas For the the coal dealers of Frederick are A. A. Earl Irving William B. John W. James Andrew and William H. Kieffer was attorney for and Patrick M. fei for the The ward H. C. Edwin Charles A. Vernon T. Upton W. Hanson B. Walter W. Milton E Homer L. D. Saylor William U. Harry An appeal on a judgment for 555 rendered May 9 last against George W. 1035 North Market and in favor of James W. local was heard by Judge Arthur D. Willard Wednesday asked 853 for 110 bor he said he performed in the spring and summer of 1933 in building a boat far lumber which had obtained and supplying er Engle said he did the work in extra upon promise to Ogle claims that the keel of the boat was at first im- properly laid and Engle sought to overcharge him for the time The case came before Justice ter May in on action far and failed to appear Engle was awarded the Two days later Ogle filed an was represented by Manual M. 87 The Associated Feb. recommendation for a new PRA today caused Congress to re- legate gold security and other pending questions to secondary Both Republicans and Democrats praised in particular Roosevelt's call for stronger provisions to protect tle business and prevent Roosevelt advocated minimum wage and maximum hour tion of codes and reassertion of labor's right to collective The Senate finance went ahead with plans to investigate code The Senate expected today to vote on the McCarran prevailing wage amendment to the administration's work relief but the debate will continue through row or Sen. Byrd urged the defeat of the Roosevelt today signed a feed loan but in so ing he asked that the money be taken from relief funds contained in the work relief William B. big Navy interrupted a session of the Senate munitions committee to deny testimony that he had threatened shipbuilders with death and scandal for failure to pay him money for his Secretary Swanson said he did not favor construction of new dirigibles for the The Senate Commerce Commission heard John L. Mine Workers of America assert he believed the dent favored the Guffey to give bituminous coal industry a public utility POLICE SHAKEUP IN MONTGOMERY AGAIN Five Members Of Department Dis- missed With Other Changes dered And County Commissioners of gomery county effected another shakeup of the police force Tuesday and several other county jobs and Five of the police force were making 18 changes out of 27 possible ones since the new commissioners took Seventeen were while one Those dismissed Corporal Harry W. Privates Roy Robert L. Phillips and Aubrey all of and Robert who had been named a deputy sheriff in place Policeman Robert of incapacitated by Four of those dismissed lost their jobs deputy sheriff post ceased New members appointed to the force Charles O. of salary Jack James A. Silver Weldon Glen and Leo C. Private James S. McAuliffe was promoted to sergeant at a month SALES TAX IS INTRODUCED BY VEASEY Would Abolish Property Taxes By 1957, Claims ITaw Be HeU OH At Members of the Frederick county 4-H Club Council met Wednesday evening Ihe home of She Misses Nellie and Helen Harmony when reports of the arranging for banquet to be held In the auditorium of the high school on Friday were A committee on decorations was an- as Misses Nellie Millard Hall and C. and Charles Refreshments were was made of a 4-H Club which will be held this evening in Parkway teams from Baltenger and Frederick schools Ar- Shar Ahalt Instructor of with be the The of Ihc council mill tv held cm March at the day morning and heard glass er in a downstairs window of als He ran downstairs in his night seized a stove paker and weni t-o a window Jn which were and said he saw held under consideration by Judge He struck at Bugle with the j he sakL and the boy Sxz said he started out over the frozen ground in pursuit Joseph Nolte was trans- from the Rockville Precinct to the Bethesda present commander at was transferred to became effective Other changes in county Harry of to ceed as night man at the Bethesda salary Miss Rose assistant keeper of the liquor control board to replace Donald at a reduction of the salary of James C deputy clerk o the county commissioners from to Harry of to replace George A. Gloyd night watchman at the Rockville liquor salary per George W. clerk of the dispensary to re- place Richard Peacock at Mrs. Annie R. of to By The Feb. calling for a 2 per general sales tax to supplant the state levy on was introduced today into a General which had been whipped into a stete of ment by announcement of ments contained in the Meanwhile the House received a signed by 36 members proposing restoration of half the 1932 salary cuts of teachers outside Baltimore The Senate also received the ad- ministration measure to abolish the office of conservation but to create instead a three-man board of to be ed by the The chairman of the commission would receive 500 yearly and the other members Sales Tax Companion The sales tax with a companion measure providing for abolishment of stale taxes on property by 1957 was sponsored by Sen. It is mated that the measure would raise Restoration of the ies would cost the state an- the money to come from the equalization It would benefit all from principals of high schools to teachers in the elementary Meanwhile have sought to place their sex on jury vice since 1921, crowded into the House of Delegates chamber today to sponsor the House judicial committee a which would give them equal rights with men on Four women delegates introduced the measure in the House to allow women to serve on Maryland A report -on ihe is expected in a few Men as well as women appeared as proponents of the On Friday S. Senators Tydings and will meet with the Senate finance committee to discuss the state's emergency revenue needs in relation to the Federal program on social Consider Pension After deciding upon a bond issue to raise funds for the states in 1936-37, legislators turned to consideration of money needed for old-age ployment relief and lar Resolutions were passed through the two chambers requesting the ators to meet the finance group to talk over the The tions pointed out that the legislators were handicapped in evolving a nite emergency program until they knew how much federal aid would be to the May Cot Relief Fund Feb. of reducing the lowed annually for 1936-37 in the state budget to the Relief Commission to or an- was discussed today by the House Ways and Means CITY REQUESTED TO TAKE OVER PIPE LINE Linden HUb Residents File Petition With Board Of Aldermen At Regular bat could not find the nard a oaM not identify the face ai Sier said four doors three windows had tampered apparently In an effort to Engte was drank and did not know he was at the His Howard who give him good saad the boy was in bod aad asleep 20 minutes after Sicr ed The felt Alton Y Bennett appeared for I ceed Miss Beverly Jennings as clerk Argument in the case was withheld of the county treasurer's office at after the testimony had been Miss Jennings to be- After it was agreed to submit the j come a county commission clerk at case without argument and it was the same Gerald R. of to become assistant county building inspector at and Alfred of Meetings Planned A revival to be held at the Church of God in Brunswick will start on Friday March 1 at 7.30 o'clock and continue until The city was again asked to take over the Linden Hills water owned by local at a ing of the Board of Aldermen in Citr Hall Wednesday No action was taken since there were only four aldermen Mayor Lloyd C. Culler and Alderman Charles T. Butcher being The proposition was presented by David C. 3rd. speaking for the owners of the water It was brought out that the owners of the main paid over to have it laid years ago and are now willing to sell it to the city for approximately Reasons why the should be purchased by the city ad- and were to those brought out Hammond Clary and Joseph Newcomer also at- tended the meeting in the interest of the water main taken over by the Representing the Hose Dr. A. A. Earl Fleischman and Gay V. Brast appeared before the city Takoma to succeed j requesting the purchase of Blunt as assistant county engineer at 5110 per got Its name from day March 3J, Rev. Floyd an oW logging Fort will be j which operated la thai district for the evangelist in many there was evidence hold on a 10 Commissioners Of 23 Maryland Counties To Hold Parley Today Damage to and porch were Smith the window Found guilty of assaulting Charles aged local colored with a inflicting an injury over his which required treatment for Will Whip Legislative Program Into soms 1 Feb. s from the 23 counties of Jhe George will assemble here tomorrow to put in shape a legislative program to three months in upon at a similar m the House of Officer Former Senator J. H. an fw jhe Anni's will C. at CQ The deliberations at H a. but a committee will assemble to discuss the open question of ing the state property tax ment scheduled for this During the December meeting sentiment of the was to postpone the assessment to re- lieve the counties of expenses ed. A headed by Thomas J. president of the Anne county was appointed out an acceptable which waild please the counties that dcuna aacb a tional A total of 790 feet it this the firemen asked the city to purchase SCO feet and allow hose company to chase 250 out of the sinking fund The proposal was en under It was decided to extend the water main on Center street southward one hundred feet totaling were ordered THE WEATHER The weather forecast for colder in and east portions slowly ing Winter will after today bat it nas already produced more than enough snow for an average couch