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Lawrence Daily Journal World (Newspaper) - October 4, 1937, Lawrence, Kansas VOLIJME LXXXI LEASED WIRE ASSOCIATED PRESS OCTOBER TEN PAGES NUMBER 237 BUCK TAKES SEAT RIGHT QUESTIONED Court Defers Action on Mo tion to Test His Qualifications TOOK NO OATH TODAY supreme court deferred action to day on a motion by Albert Levitt designed to compel Associate Jus tice Hugo Black to show cause why he should be permitted to sit on the high Whether the court will grant or deny the motion probably will be announced netft be taken at any Proceedings were Leavitt merely arose and said he had mitted the motion asking permis sion to file a petition challenging the Black Hedid not read the j may submit the Chief Justice Hughes told Leavitt acted a few minutes after Black had taken his seat on the high The whose appointment by President Roosevelt aroused a storm of controversy over whether he had or was connected with the Ku Klux entered the room with the other members of the court just after the noon He did not take over again the oath administered to new members of the high He was sworn in privately shortly after his con firmation by the senate in had been some that in keeping with usual court formalities he might be sworn in again Spectators Jam Room i The court room was jammed with Seated in the front of the chamber were Black and several of the justices personal friends and The record crowd which had gathered at the court only a comparative few of whom were able to get into the was attracted largely because of the dis pute which had developed from the charges of Klan in his sole public state ment on the Klan told a nationwide radio audience Friday night that he haa once joinjed the Klan but had resigned Just before Levitt Patrick Henry Boston asked permission to challenge the Black After a brief exchange with Chief Justice he was told by the chief justice to submit the motion in Kelly took his wrote a few moments and sent papers to the clerk of the He said this was the text I request a hearing on the title of Justice Black to his seat on this a slender man dressed in a dark business made his j motion after being ruled out of order while attorneys were being admitted to Put Motion in Writing I arise to the question of per sonal privilege as a member of this he said on the second Is your motion in writing the chief justice It is not in Kelly re He addeid that he had writ ten letters to each of the justices asking appointment of a committee on the Please put the motion in writ ing and submit Hughes said Oral statements are not permitted on a motion of that This situation is such that tech nicalities should noW Kelly be You may not take your the chief justice commanded stern I will write out my Kelly said as he sat Submit it to the clerk and it will be considered by the Hughes During the 22 minutes the court was in before adjourning until next Black sat sol emnly at the left of Justice Rob7 He looked over to where Black was seated and frequently glanced about the packed Greeted Black When court Black turned to wife of the chief justice and wife of Associate Jus tice Brandeis smiled and apparently introduced themselves as they shook Black and Hughes talked and laughed together for a few min As Black walked from the there was a rush of friends to greet you were love one woman Black said that she expects to go to to i Her threeyearold Jo stayed relatives there the Justicec and Black were in Europe The new justice entered the packed chamber to the accompani ment of the criers traditional oyez which opens the daily Black smiled happily as she watched the proceedings from a closeup seat at the side of the cham was the first of a new eightmonths Piecedediby Justices Butler anc Black entered the cham looking1 After taking his seat he looked overto the place in the room where bis was Announcedby Hughes Chief Justice Hughes announcec formallyafter the justices were Continued on page 2 URGES CONFERENCE Hoover Believes Republicans Should Draft Fundamental Principles Soon Hitler Trips Light Fantastic With Farm Lass at a Festival Germanys Number One Bach elor Shows Himself in Happy Mood at Dance unique picture of Chancellor Adolf Hitler 1 swinging a comely farm lass n a peasant round dance was pub ished today in Westphalia news t Few spectators saw jwhat the ong distance camera lens revealed at yesterdays great harvest festi val at Bad attended by Hitler was shown whirling the costumed peasant lass in a country Within a cept clear by his Hitler s pictured holding the hands of the peasant girl as she did a turn ing The usually stern Hitler face showed a happy The girls turned toward the was Beyond the square of all guards was a surging mass of humanity with arms upraised in but it was unlikely these saw much of the Bueckberg scene of the fes became Hitlers personal The deed was handed to lim as a sequel to the TO INCLUDE YOUNG PEOPLE President Herbert Hoover urged to day that the Republican party pro pound a courageous draft of fundamental as a foundation for midterm national party conference he has proposed for After a conference with Colonel the Republican vice 3residential candidate in 193C Hoover issued a statement Colonel Knox and I discussed he proposal which willbe before the Republican national committee at its meeting here in Chicago on November We favor the creation of a committee of distinguished Re publicans who will formulate a Iraft of fundamental principles to submitted to a general confer ence of party leaders sometime in the The voice of the young members of the party should be given a place In these party This dec aration must be coura geous and free from personal declaration in fact that will neet the crisis in the party j and he The meeting of Hoover and Knox was unannounced at the Sinnissippi farm home of former Frank Lowden near Hoover and Alf the Republican presidential nominee last were Lowdens Colonel Chicago also issued a statement declaring he concurred in the Hoover sug I am firmly of the he that great good would flow from a courageous declara tion of fundamental principlaes around all elements opposed to the policies of the new deal could To be most effective and con such a declaration must be so handled as to be utterly free froni any suggestion of personal and the daclaration must be confined to bed rock principles rather thany any attempt to define emergency proposals for temporary questions that grow out of matters of obviously temporary If such a declaration can be formulated under auspices it would be of highest usefulness in anecoi nomic and political situation which daily grows more difficult and The voice of the youth of the country should be incorpor ated in the councils of the party in any conference that may be The timing of a general convention to ratify such a declaration can be postponed for the present until the political situation has further de veloped as it is sure to be following the reassembling of congress next SPECIAL SESSION STRONGLY HINTED President Wants Early Leg islation to Control Sur plus Crops A RAP AT THE COURT Grand In an address strongly hinting at a special session Pres ident Roosevelt asserted today sur plus crop control legislation fought to be passed at the earliest possible Mentioning the supreme court convening today for its fall for the first time on his western he disagreed with its majority ruling invaliding the AAA form of production He also quoted excerpts from a letter from a re tired member of that court John Clarke saying he saw eye to eye with the President as to his socialeconomic and peace The President spoke in dedicating a federallysponsored grand stand at the fair coming here from Fort Peck where he rebuked doubting Thomases who have been critical of his ob Two Farm Objectives Declaring better land use in the arid regions and control of sur pluses were the two objectives of his farm he told his Grand Forks I feel certain that a majority in both houses of the congress will heed the wish of most of the far mers of the nation in enacting crop surplus control And it is my thought that legislation ij ward that end ought to be passed at the earliest possible evidencing he might be thinking of a special he continued Because this legislation was not passed at the last it is too late for it to have any bear ing on the winter wheat which is now in the Even after a bill is passed and becomes law on the signature of the it takes a month or two before it is humanly possible to set up the machinery in all parts of the country to carry out the provisions of the new there new legislation is to affect the 1938 haste seems to im portant from every he No Mention of Court Plan President did mention his defeated plan to enlarge the In leading up to criticism of the AAA decision he said he believed it was essen tial to our national economy that we have something to say about the control of the major crop sur The he had ruled in a divided opinion that the govern men could not make a contract with a farmer to fix his acreage upward or I have never subscribed to the constitutional he that agriculture is a purely local matter and that it no national The chief executive prefaced the reading of former Justice Clarkes letter with a reference to his trip to He said he had had another of that part of the nation so greatly dependent for its prosperity on agriculture and its sister adding I am more lhan ever convinced of the importance of continuing our national policy of working towards a better economy by stabilizing and improving the life of the average The citing many ex amples of the need for surplus con declared If an enormous surplus of wheat piles up on the hands of buyers and you know from past experience how the price of wheat will drop almost out of sight the following Neither you nor I want to repeat the experiences of Educating Land Users He said the program already under way of educating land users to put noncrop soil into of bringing water to dry and of i Continued on iaye 2 BRITISH DESTROYER IS MISSED BY A TORPEDO I Dropped the Klan Basilisk Retaliates to Submarine Attack by Releasing Depth Charge f First Trouble Since Mediterranean Patrol Began SHIPS AND PLANES SEARCH This unusual picture of a supreme court justice in an unprece dented address shows Justice Hugo Black as he broadcast his denial of present affiliation with the Ku Klux which has caused a tur moil since his appointment to the nations highest This picture was made with a candid camera as he made his historic broadcast in a private home on the outskirts of d unidenti fied submarine tried to torpedo the British destroyer the ad miralty said in an encounter in the western first since inauguration of the patrol plan drafted at Nyon to drive pirate warcraft from the great One torpedo was fired at the which replied by releasing a depth The torpedo missed the but whether the depth charge took effect was not Seven British destroyers and two said a message from port south of Valen are engaged in searching for the attacking The search was under way in the neighborhood of Cape San The admiralty said it was not in formed of the but that it is safe to assume British warcraft would bend every effort to seek out the Britain and France were empow ered by the recent ninepower agreement at Nyon to direct a war ship patrol of Mediterranean ship ping lanes and ferret out subma warship and airplane attack ers which have endangered mer chant Planes are being completed for addition of Italy to a major place in the LIGHT ONJRIENT Three Wellinformed Men Give Ro tarians Insight Into China and Japan MOST INSTRUCTIVE MEETING One of Ithe most instructive meet ings Rotarians have ever had was held The speakers were of the department of history at the University Karl head of the at the and Lyle world speaking hur riedly covered the historical and physical background of China and address was in no wise but was illuminating in giving a better understanding of conditions in the both past and One very important Davis not generally under stood by westerners is that there is a back door to China in the northwest corner of her vast do This road is the nearest ap proach to railroad connections in Could Japan control the front door at Shanghai and the back she would have China bottled Russia thoroly understands this Colonel from his rich background of service in during which he has formed a high regard for the Japanese people cut lined the historic differences and struggles between China and Japan and the steps taken during the last half century during which Japan had secured control of large ter ritories formerly or under Chinese With blackboard and and with vivid impressions gained dur ing miles of travel in China last Powell gave his hear ers a birds eye view of the entire and at least a suggestion of the trials and suffering of China since she threw off the yoke of the Manchu dynasty in Practically Japan to day represents the Nazi form of while China is impreg nated with communistic So much of history 2nd geog raphy was embraced in the three addresses that it would require columns to adequately report Among the guests for the da were Charles Ed mond Clarence Major Raymond Eugene new member of the and Joe new member of the faculty of junior Tonight a group of Rotarians will attend the Rotary dinner at Kansas Bakers to Hold District Meeting Here A district meeting of the Kan sas Bakers Association will be held in connection with luncheon at the Eldridge hotel at noon Wed Mqre than 50 bakers and associated tradesmen are expected to be first vicepresi dent of and Carl secretary of the are making arrangements for the meet Jake presi dent of the is expected to STAFF IS REPRESENTATIVE and Negro Will Serve Justice Black ciate Justice Hugo Blacks of fice force is composed of a Jew and two one of them a This became known when the justice appointed as his law Jerome Cooper of He is of the Jewish said a statement issued in connection with the Earlier Black had appointed Miss Anne a as his secretary and the Supreme Court had designated Leon Small a Negro and as his i Ford 702 Mussolinis Message of Cheer to Spanish Rebels Causes Hitch Hope Fades That Italy Will Be Party to Pact Agreeing to Stop All Aid to Spain message from Premier Mussolini expressing most fervent wishes for an in surgent victory was considered day to have dashed the strong AngloFrench move to force with drawal of Italian volunteers from the Spanish civil The informed Italian press indi cated II Duce would turn down the Feench and British invitation to a threepower conference ending aid to both Spanish factions de spite a hint his refusal would bring a retaliatory of the French border to supplies of war for the MadridValencia govern London observers saw little evi dence in Mussolinis note of con gratulations to Insurgent General issimo Francisco Franco of that change of heart which the British and French have tried to persuade themselves they had seen in his at titude since their determined stand at the Nyon conference brought Italy into the Mediterranean anti piracy There was still that the reply would not be a blunt refusal to join France and Britain around a conference table at which there were only three but would be a suggestion that the question of withdrawal of volun teers as well as the whole Spanish problem be referred once again to the London 27nation noninter vention HEARING ON FEES Distribution of Registration Money to Counties Will Be Settled OFFER REWARD FOR Search for Man Who Fatal ly Beat Student Meets Difficulties MAY ADD TO AR MEETING IS OCTOBER 12 The matter of distribution of some in mortgage registra tion held by the county treasurer but belonging to a group of Kansas may be settled at a hearing ordered before the state tax commission at October at 10 The money was paid in by the Kansas Electric Power company as registration fee for a mortgage given on its real and personal prop erty in Kansas counties to cover bond The doubt over proper distribu tion to the counties affectea arises over whether only real property should be the basis for the or whether per sonal property valuation also should enter The first mortgage registration fee paid in was on Decem ber covering a bond This was increased by on July as the mortgage registration fee cover ing a bond issue of The counties in which the com pany has real or personal or which secures the mort gages are Johnson Leav Woodson and The big fee sum has been held by the Douglas county treasurer since it as the counties could not as to what was the legal basis tor i Allen Address to of C Postponed to Wednesday The address of Henry former Kansas governor and sena tor from the now editor of the Topeka State sched uled to be given tomorrow at the noon luncheon of the Lawrence Chamber of has been postponed to oclock Wednes The postponement came at the request of Alien who will attend the funeral of Ed noted which will be at Atchison shortly after Allen was scheduled to have spoken Allens subject Wednesday will be He is ex pected to compare the manner of handling relief in England and in the United RETURN IS DISCOURAGED Attempt Made to Keep Americans Out of Shanghai tary Hull said today the United States government was doing all it could to discourage American nationals evacuated from China from returning to that country dur ing the present He made the statement at his press conference in commenting on assertion made by Americans arriving at Shanghai that Ameri can consular officials at Ja had refused to permit 20 American women and chil dren to return to The secretary of state said he had no specific informafion con cerning the reported Kobe incident but that the state department was investigating FIND JAPAN UNJUSTIFIED League Committee Does Not Rec ommend Action Yet League of Nations SinoJapanese sub committee has found Japanese mili tary unjustified in China since the current conflict broke out at Marco Polo bridge outside Pei ping on July Members of the emerging today from secret ses announced their preliminary They that it is too early to indicate what if any action is to be recommended because the discussion had not yet reached the stage of final con clusions or Offer of reward by two To peka men for the arrest and convic tion of the unidentified assailant of Russell student from Topeka who was fatally beat en following a motor car accident the night of September 24 near was the only new de velopment in the baffling case to Suggestions the Douglas county board of commissioners to day that the county offer a reward for the assailants capture brought announcement from the commis sioners that they might consider the matter but that it would take some time before they could make a Discuss Further Rewards Reports from Topeka were that a move was contemplated there to discuss a possible reward by the state in the Kelly The To peka men who are reported to have posted each as a reward for arrest and conviction of the as sailant are Hugh at and Lewis business County and state highway patrol officers continued today to investi gate all possible clews to the identi ty of the but had reported no Sheriff Fred Vogler went to To peka this afternoon to confer with hghway patrol officers about the Funeral services for Kelly were held this afternoon at Burial was in Hope cemetery GIANTS KIND TO ALL Green Declares Time Has Come for Active Fight Against President Is Cheered Convention Delegates as He Rallies Them to Action New York Club Distributes Series Money Share Widely New New York champions of the Na tional took care of every body from Manager Bill Terry down to the policeman stationed at the dressing room door when they split their share of the world series money They divided their end of the re ceipts into 27 full shares and gave part shares and stipulated amounts to nine In addition Terry said he would take care of Pitcher Bill Lohrman out his Lohrman was purchased from Baltimore Orioles late in the sea son arid won his only start for the In addition to the 22 players and full shares were voted to Coaches Adolf Luque and Pancho Snyder William and Eddie club secretary Blondy shortstop who was brought up in was giv en a halfshare and Pitcher Don Brennan a Pitcher Walter Brown and Out fielder Phil both late season acquisitions to the were given each along with Ed Lo assistant clubhouse and Tom Henry ground and Fred clubhouse attend were voted The John came in for Following the meeting in the Terry announced that Hank Leiber would be in center field and bat in cleanup position if the Yankees start Lefty Gomez on the mound in the first game Wed Against righthanded Lou Chiozza will be in center with Jimmy Ripple batting in the cleanup COOLER Showers May Fall in Northeast Kansas Tonight low pressure moving in from will bring unsettled and cooler weather to Kansas tonight and federal forecast Showers may fall in northeast Kansas he Only precipitation reported in or near the state over the week end consisted of sprinkles too light to measure at and at where it was shower ing The sky was cloudy over eastern Kansas today but clear over the west half of the Flora said temperatures between 55 and 60 western Kan sas and 60 and 65 in eastern Kan sas will prevail Maximums Tuesday will to 70 in western counties and 75 in the eastern part of the Phillipsburg had Sundays state 88 Low this morning was 54 at Douglas to McGill University Canadian Lewis former United States budget direc has been appointed principal of McGill University succeeding Morgan who resigned last Chancellor Sir Edward Beatty announced Douglas also is a former Arizona congress Weather Halts Fighting artillery resumed shelling central Madrid at noon today after a three day Shells fell at about twominute Fighting was halted by weather on practically all Heavy rain turned to snow in STOCK MARKET INDEX Average of 60 stocks Sat urday i Washer Green William president of the American Federation of told the fed erations 57th annual convention to day that the hour had arrived to start a united fight against John Lewis While the delegates shouted and stamped their Green said the clock has The hour is Having appealed to them two years to come you will now order your board of directors to revoke the charters of this dual The of Green would then become the greatest f ightine machine that was ever cre ated within the ranks of The Green would be a battle for Declaring a policy of toleration has the federations exec utive council said in its report to the 57th annual conven opening that the time has arrived te expel the rebel unions and set up rival or ganizations in their In its printed the council accused the labor rela tions board of TEST FORJRIVERS Applicants For State Driving Per mits Obliged to Undergo Examinations ON 27 PERSONS TODAY Persons applying for a motor car drivers license today were given actual examinations and tests in the basement of the court house by examiner for district five for the state vehicle commis sioners assisted by Twentyeight persons had been examined up to noon very few of them being taken outside for driving The tests consist ed mostly of examination for knowl edge of the state motor vehicle laws and color and Of the group only one man was discovered who did not have sufficiently good He had been unaware of his lack of seeing he He did not wear glasses and he had been driv ing he He was able to see the first large letter shown him in the test at 15 but he was unable to distinguish letters in the next letters an inch and a quarter His application for a license was not McComas will be here for exam inations from 8 to 5 to morrow and hopes to return here each week on Mondays and Tuesdays so long as licenses are The fee for the drivers license still remains at 50 No one cannot obtain a license now without certification of his application by Of the 28 persons handled to noon today five were 70 years or more and there were no juniors be tween 14 and FISH FRY FOR TEAM Jayhawk Gridsters Entertained at Greens Cabin Sunday Members of the sports committee of the Chamber of Commerce and Al former president of the entertained coaches and members of the football team at Greens cabin east of town with a fish fry yesterday A group of Chamber of Com merce members acted as hosts to the coaches and Mayor Al fred Lawrence was a Before the dinner was Softball was played by the Short talks and a program of en tertainment followed the Those who played the part of host were Gene Dolph Fred Charles Rob ert Art Weaver Pat Ma Carl Achningi Noble John Paul Fritz Harrv Art Da Emset Glenn Schwahn and George Hed WAS A PUBLISHER AT 19 Ed Howe Started on Newspaper Ca reer Early in Life JP A youthful venture into the publish ing business started the late Ed who died at his home on the career as a newspaper editor which brought him national Howe came to the pioneer town of Golden at the acre of 19 and be came publisher of the Golden Globe in After a few he de parted for where he founded the Atchison THE WEATHER Kansas Forecast Generally fair in mostly cloudy in possibly showers in northeast Tuesday cooler in ex treme vest tonight cooler Tues except in extreme Morning weather Generally misting at Dirt The Temperatures Gas Office Record 7 7 today Noon today Maximum yesterday Minimum today Maximum Saturday University Phone 68 63 71 79 63 88 WAR LINK AT SUBJEGTJOF PROBE Chancellor Will Investigate Facts of Don Henrys Enlistment CHECK TRAVEL FUNDS An investigation of alleged com munistic activities at the Univer sity of Kansas was begun Chancellor Lindley an Lindley said he had wired Ed Dodge father of Don a former stu dent who was killed while serving with the loyalist iarmy medical corps in stating that the University will assist in an investi Henri sdid Saturday he would ask for a probe of communistic ac tivities i The Chancellor announced that he is personally conducting the I am now checking the various sources of he Asked what action would be taken in the event anything im portant is the Chancel lor said That lies in the future and de pends upon the character of the Lindley said he no idea how long the investigation would He stated that he would make a statement at the comple tion of his Chancellor has had no word from the board of j Dean Paul Lawspn said today that Ed Henry had visited him about the middle of August u make inquiries about Don saying the parents had not heard from him in some time and that the mother was getting He showed Dean Lawson a which his son had written The envelope bore a Paris The question of how the trip of the young men to Spain financed is one of the points of major interest in the investiga How Was Trip Made Speculation as to where the two boys got the funds for their trip has led some to believe that money collected on the in and in Kansas for medical supplies for the loyalists mav have paid their professor of Spanish at said that he handled the funds received on the campus and in Topeka and that he sent them to the American Friends of Spanish He explains that he does not represent this or any similar group and has remained impartial thruout the Spanish con He performed this service be cause he had been asked to do He does not believe the money he sent was used for Graeber and Part of it was raised thru the showing of a film of the Span ish war here and in assisted in selling tickets for this The money from was sent directly ito New York and that from Topeta was taken to and turned over to representatives of the Spanish government during a meeting at Carpenters hall at which Professor Osma About was given to the represent Three including an associate editor of a Catholic newspaper in a military man who is a and a nurse said to be affiliated with the Republican party in also spoke at the A special formed by William instructor at Junior college in Kansas or ganized the gathering and the of Kansas City After the the committee collected the fund and dissolved shortly Lewis j said he had been requested to per form this service by the American Friends of Spanish Democracy of New York and that there was no branch of the organization here at that Neither nor anyone else on te committee he was a Contacts in Kansas City No local group was involved in the contacts made by Don Henry and Kenneth Graeber regarding their trip to John said last there was no local no local and no officials were for their he The boys made their arrange ments in Kansas That 135 all I Hunts statement came after he had been informed that Ed Henry of Dodge father of the 19 yearold boy whowas killed Sep tember 3 while serving with the loyalist army would press an in vestigation of communistic activi ties at Letters May Contain Clues Henry has found two letters in a ship trunk his SOTI left in New York which he considers a possible clue to the One is a of introduction to Marie Luria of New York It closes with Best regards to all Mischa and Olga and is signed Jeanne and Paul Rapo Jeanne wife of Paul a graduate stu dent at the University of said when that she might have written the letter but could not recall She said that Marie Luria was her Rapo who is a native of New York and who has attended the Univer sity for the past six denied any knowledge of the The second letter is signed Max and a sum of had evi dently been It was post marked Kansas mother of Kenneth said that Henry intended to come to Lawrence ConiinueL OH page
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