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Waukesha Daily Freeman (Newspaper) - January 6, 1926, Waukesha, Wisconsin FREEMAN 'I'HONES-JHM AND 8-18 .Wniit-AA Binl Jol) 1'rlntlng Dcpt, !118 kdllorhil mid. HJsnluy Advertising, WAUKESHA DAILY FREEMAN WISCONSIN WEATHER ('lonely jiml somoivimt uiiliettleil to-, unil Tliiirsdiij not 'riirfchchange In U'JHiiernlurc. VOL. VI, NO. 54 (SUCCEEDING THE HERALD, VOL. II, NO. WEDNESDAY, JANUARY 0, 1920. TWO CENTS, PAY NO MORE PUBLISHED EVERY THROW ESE CASE OUT OF JUDGE RULES STATE LAW ISILLEGAL BELIEVE STATE WILL MAKE APPEAL OK CASE BROUGHT AfJAIXST SWISS CIIEKSE .HEN ANTIOO. Wis., Jan. P.) Judge A. N. "Whiting in his decision today on the case of the state versus the Langlade County Cream- ery company regarding the manu- facture of Swiss cheese declared Sec- tion 54G07C of the state statutes was unconstitutional and dismissed the case. His decision was handed down here shortly before noon, and is very lenglhy, heiving taken in a great deal of the testimony which was offered In the case during the three weeks' trial in municipal court here. During the trial prominent Swiss chee.se makers from all over the country were called to give ex- pert testimony. The legal battle, which was exT peeled to determine the future of the Swiss cheese industry, was started in municipal com t here December 7, before Judge A. N. Whiting. Doth parties to the' action waived jury privileges and agreed to accept the decision of Judge Whiting. Although nothing official was given out, it is believeil the slate will make an ap- peal. 'Thirty Flee From Burning Apartment House atShorewood MILWAUKEE Thirty persons were forceil into Die streets wlicii a twelve flat apartineni building in suburb, was HWCIJI by fire today. Two womon, who were trapped by (lie names, were carried down lad- ders by firemen. Milwaukee firemen were sent to battle the flames, and wen1 assisted by Mrs. Frances Oliver. The origin of (ho hlaze lias not been determined. The loss is estimated at about Charged iit inn The Langlade Counly Creamery company, considered one of the larg- est Swiss cheese factories in the world, was charged with violating the stnte laws by standardixalion, or tho reduction of butter fat in the- milk which was used in the manufac- ture of cheese. The offense in question was admit- ted by the defense, bill Ibeir attor- neys contended -during the trial of mor'e than that the. state law was unreasonable and unjust and presented .numerous witnesses to Justify their contention. Their reason for declaring the law was unjust was thai it makes impos- sible the manufacture of No. 1 and fancy Swiss cheese, to produce which, standardization is essential and that Hie law is discriminatory because cheese of foreign production, the product of standardized milk, is allowed to compete with the manu- facturers' product on the market in this state. The law upon which Hie complain! of the State Dairy commission was based provides that when standardi- zation is practiced the cheese must he nine inches thick with a diameter of 10 inches. The object of .the .standardization of the dimensions, it is said, is to apprise purchasers of the fact that milk used in tlie manu- facture of the cheese had been re- duced in butterfat. Expert Trstlintiny The defense introduced expert tes- timony to prove that It is impossible to manufacture Swiss cheese of a good quality in cakes of the pre- scribed size and that it is impossible to manufacture Swiss cheese of the better quality unless the butterfat contents of the milk used, Is reduced to conform to a certain ratio of fat and caslen. Attorneys for the defense were E. B. Snyder, Chicago; Judge J. N. Decker, Monroe, and Charles Avery and 1. A. White of Antigo. The prosecution attorneys were: Earl J Plantz, district attorney of Langlade CITY TREASURY OF ASK FOR NEW PUBLIC S Candidate county, and J. E. Mcssershcmidt of Madison.. NO TROUBLE BETWEEN AND JACK CHICAGO, that storms had arisen along the matrimonial path of Marilynn Miller, former star of Kiegfeld productions and her husband, Jack Pickford, were denied today by Mrs. Caro the petite dancer's mother. Mrs. Miller is confined to her apart- ment here with a slight attack of the grippe but admitted newspaper re- porters long enough to say "bunk' when told of the reports of an impend Ing divorce. "I only recently returned from New York, where I had a good visit with Mrs. Miller saiJ. "She is happy in her work and only regrets that It 1s necessary for Jack to he In California. Reports t Of a divorce are the bunk." WILL OARItV C'lTV THROUGH TO TAX COLLECTION TI.UE, IS BELIEF, HOWEVER The first meeting of the new year, leld by the common council, last eve- ning, was featured by speedy dis- jalch of considerable routine busi- ness, aside from the receiving of a for the Junior High School ap- propriation, as set forth in detail in another column of The Freeman. Aldermen Kiehl and Urimmcr were absent. Not the least gratifying was the in- 'ormation in Hie report of the city treasurer, (hat with the payment of outstanding orders as of Dec. 1, there remained a balance of S22.S11.S4, with .ax-paying time only o few weeks off. The usual payroll and total claims of were allowed. HcNiilrs fur Sewer The liourd of public works request- ed tlie payment of for ueces- ary repairs incident to laying of a sewer on White Rock avenue, near Hrooklield avenue, and also requested for a now engine' in the city tvactor grader. Both items were al- lowed. The board or public works also re- liorled, through City Attorney Daub- ner, thai ICdward Rodden had made a jld of S1S5 for removing the barracks at the ntair school to a site on the Northwestern right-of-way on West avenue. The hid was accepted. In- cidentally. Alderman Dunwoody re- ported that lie had arranged for the lease, at a year, of the site on which the barracks will be placed, with the Northwestern Railway Co. The bar- racks will be used as a polling place. This will place the place of voting in the center of the First ward and re- move it from .the edge of the north boundary of the ward line where it was located in the Wisconsin hotel. Such lease was approved by the coun- cil and formally signed by the mayor and the city clerk. The city attorney also announced thai with of bonded indebted- the city has a leeway of about for further bond issues, to comply with tlie statutes which per- mits any municipality lo bond itself up to 5 per cent of Us assessed valua- tion, the limit In the case of Wauke- sha being-ahout S74S.455. The nnes- tion was raised by several aldermen, incident to the asking1 of the board of education of a bond issue for the propscd new junior high school build- inff. City Attorney Danbner Stated that the claim of Van Ryn DcGelleke, for pending since the erection of the present high school bunding, for preparing plans for the building, bad been compromised for ?800, and he presented a resolution that this claim be settled for that amount and that the suit pending to recover the original claims, he dls missed. There was unanimous agreement by the members of the council. Adjournment was taken to Monday evening, Jan. 18. ZweJfel of Fort1 Tex., 13 beinir groomed oa a guber- j tiatortal candidate by prominent i Texass republicans. He la a U. district attorney who gained In prosecuting oil swindlers, and the G- O. P. leaders hope to cash in on split over tho Fev- LITTLE CHANCE OF RELEASING 1SSELL5COTT TO EliN'OH IN EVENT ROBERT IS FOUND GUILTY OF CHICAGO, III.- When llobert Scott faces trial here for the murder, of Joseph Maurer, a drug clerk, he may find his own brother, Russell enouncing him as a murderer. Kor it is Russell who all along has characterized Robert as the man who lired life fatal shot Into Maurer's body and Ihcn dropped out of sight while he (Russell) stood trial for the murder and went through the ordeal of three times being snatched from lie gallows. Robert Scolt, for more than a year nd a half a hunted man, was discov- red in Han Quenlin penitentiary ervirig a sentence for a store rob- ery under the name of John Red- ing. He expressed his willingness o return here and will be returned o stand trial. Friends of Russell see in Robert's rrest a chance to obtain freedom for Russell from the asylum hut infor- nalioa obtained to the state's attor- icy's office here has this as doubt- ul. .George K. Gorman, an assistant tate's attorney, said no one but the iovernor could bring about Russell's 'olease and added that Hie facts vould never justify that. Russell has contended all along hat Robert killed Maurcr in n tight n the drug store and that the- killing vas not committed during n holdup. throe eleventh hour escapes rom the gallows, Russell dually was idjndged insane and was confined in in asylum at Chester, III. The state's attorney's office nterested today .he Pacific coast 11 Ill I, RUBBER NEED probable Mil today were asked to assist in the search for Al- bert Spoil, 63. who wandered away from his homn following the death of his son. WASHINGTON. D. C. Secretnr of Commerce Herbert Hoover to day asked congress to take action t safeguard the supplies and prices o rubber and latest (level opments of modern life. Hoover went before the hous committee on merchant marines an fisheries to ask for adoption of th bill of Representative White, Main Republican, who gives his commerc department regulatory power over radio broadcasting and transmission of commercial messages. was in reports from that Robert had confessed to a cellmate that it was ic and not Russell that fired the fa- .al shot. MAIDS TESTIFY AS SHEPHERD REOPENS FIGHT SERVANTS STATE THEY WIT- NESSED THE WILL BILLY SIGNED FOR SHEPHERD CilllCACJO Shepherd's fight for possession of Hilly McClin- tock's estate opened in cir- cuit court today. Marie Gartner and ISva Nelson, maids in (he Shepherd home, testified that they witnessed the will which Billy signed and which Shepherd is now seeking to have accepted In the courts. This will, which Shepherd ulmlUs drawing up, leaves all of tbo McCllntock fortune lo Mr. and Mrs. Shepherd, except for an annuity of for Isabel girl Utlly ivonhl have married had not death prevented the marriage. Opposed to Shepherd In the will contest are eight of Billy's cousins, who argue that Shepherd used "un- due influence" in having Billy sign the will and that it Is therefore in- valid. They art- supported In (heir contention by Miss Pope., who has jcen promised half of the fortune if the cousins succeed in breaking the will. Shepherd was tried on the charge murdering young .MeClinlock by nnoculaling him with typhoid gerniB .ind wns acquitted. During the course nf that trial, Miss Pope, a pretty young society jirl testified that Shepherd Had pre- vented her marriage to. Billy by tell- ing her it would be impossible to ob- tain a marriage license without IMlly's presence and by keeping her from Billy's sick room. JARDINESEEKS NEW PROGRAM OF FARM RELIEF MILL ADOPT SOME SC1IFMK IX 3IAIOIONT 1V1T1I PRESIDENT'S ATTITUDE, TO SEKYE FAIIMEKS new pro- gram of agricultural relief is being sought by Secretary of Agriculture Jardinc, In a series of conferences with farm leaders and other inter- ested parties which he announced to- day, following a call at the White house. Program Xot Decided Jardlne said he was unable at pres- ent lo indicate what program will he evolved, but the administration's de- termination for economically sound measures and yet serve the western farmers in their plight. The conferences were arranged by Jardine as preliminary to the meet- ing of the fourth national co-opera- tive conference to be held here next week. DISCUSSION INVOLVES FAILHEIIS1 FAIU SHAIiK REVIVAL OF CHINA CIVILWAR FEARED WASHINGTON, D. revival of civil war; in China is reared, American Minister John Van A. McMurray reported to the state department today. Inasmuch as there remains an out- post in Shantung, the danger of im- mediate warfare appears to exist on the Hupeh-Honan and Chuhli-Shan- lung borders, according to the de partment's statement of McMurray's advices which added that an ad- vance by Chang Tso Un south ot the great wall seems unlikely. JOHN MIXK SENT TO HOUSE OK John C. Mink, proprietor of Tour- ists' Tavern on Highway No. 19 town of Powaukee, was sentenced to eerve'three months in the house ol correction by Judge Geiger in fcdera court today, on liquor law viola- tion charge. SUGGESTS NEW BRIDGE AT FOOT OF MAIN STREET While everyone Is talking of what nlng, on some of (Jio downtown Wmikeshn mosl needs lor the new j streets, snow and slush was about year, Kdw. Ijiiiglilin addressed tho G inches deep, and only this morning, following Interesting letter lo the} I noticed womon wading through as common council, Inst evening: much slush near the M. K. H. '1 read with greal interest, In thnj waiting station. It seems lo me it Wiiukesha Daily Kroeman. of bo well to look over these needs most, and 1 would muin streets of our city and have them like In add what I think WnukesbH (-'leaned up before looking over the nneds most. I many mil raveled streets, on the mil- 'First. a bridge ni (he wesl end nf tlln Main street, to St. Paul avenue; seo- "I-must further add thai I have ond. a police force that would clean seen the slrcel deiuiUmenl ul various up and rid the city of the numerous] times gather up a lilltc pllo of leaves uoonshlno and gambling houses and. n learn of horses (bat would places that exist right in this city! weigh at least 3.GOO pounds, also a today. If the force claims not to driver weighing nt least 200 Ibs.. and know these places exist Ihoy surely throe or four men following along, ought to be enlightened of the "-More police prolcction might fur- for the protetctlon of the (hbr'lho safety of pedestrians trying "There is still room for Improve- cross (bo Five Points, nient in (he street department, also. "Think Ibis For Instance, I noticed. Saturday eve- EDWARD LAlKiilLIN. SHOESTRING PLAYS BIG PART FREEMAN CORRESPONDENT WRITES STORY OF FLORIDA SCHEME WHICH FAILED By PUTNEY HAIGHT (Copyright. 1925 Tabnews Syndicate.) uplte of the COUNTY'S PENAL FINES TO STATE TOTAL STATE ALSO RECEIVES LAHIJUH .Sit All K (IF IMlEltlTAM'E TAX; COUNTY (lETS S.MALI, EM) Although the Wankesha County judiciary, and law enforement offleialK do the entire work In (he really, great qjccomplInhmenlB being administration of estates, making ar- carrled out In property development rests, nnd other dnlles relative to carrying out justice as prescribed by and promotions In Florida, there lire many enterprises j receives the larger portion of the linen of Iho shoe-string variety and the taxes, according lo llgurcs con- fer usually do business In the north with northerners, or In tho south with ,ltl the sale of Wisconsin j t. Comllv iirer Daniel 1'icriicr. northerners. The "sour" develop- ments, to the credit of the. southern- er may It be .said, flro generally the product of the mlndsi of men who come Of the total Inheritance taxes col- lected through the administration of estates In' the county court, the Blate received 02'X: per cent, while the county's share in but per cent. The south with the sole purpose of put-'total amount collected In 1025, ac- ting on a racket nnd then getting put j cording to Treasurer Pierner, was while tho getting Is good. This class of adventurer Is general- ly low in funds and when active Is AH considerate of victims as the claso 1) of which the stale received the ndmlnlNlrator, ?9S0.10, and the county court, XI.IM.SG. The. hint amount is not sufficient to pay (lie LINCOLN, "very impor- tant point" of whether the American farmer Is gelling his fair share of (he national Income is pertinent lo the liscussion on the proposed export plan between Vice-president Dawes ind other Americans on one side and Sir Josiah C. Stamp, on the other Sam P. Thompson, president of tho American Form Bureau federation declared today. "I refer to this statement of Sir Josiah." Thompson said. As has al- ready been emphasized In previous correspondence, the scheme is whether the return on the capital and labor of the farmer is fair and reasonable in comparison with that secured by capital and la- bor in other spheres." "I have studied the debates mater- ial very thoroughly and was particu- larly impressed with this Thompson said. "Who is there to say that the farmer is getting his fair share of the national income? Everyone knows he Is not. It IB that The same is true of tlie state's tihare of the penal lines collected. In 1925 there was rolled eel a total of GD, In both municipal court districts In the county, of which amount tho stale received or ES per cent, while the county's share was 2 per cent, or This amount likewise goes but little way in paying for the services of the Judges, court officials and members of the sheriff's force. Treasurer Daniel Plerner has for- warded 10 the state, treasurer its share of tho penal fines for the past year, amounting lo hold-up man. But then It must bo re- n( nf court officials, membered that the stunts arc per- formed by desperate operators who must acquire the means to eat nnd live; nnd a starving man grasps at n straw if that be all in his vicinity. Ml of which leads up to a story that Is going around about a recent business enterprise In Tampa. Two-Cent Stamp Smashed Three northerners. In the utmost straits and in imminent danger of be- ing pitchcil out of their hotel and In- to the hoosegow, gathered In the room of one and hatched out u plan for a development company. One waa a salcsmangager by trade; one claimed prowess as a publicity sharp and the third had an old con- tract covering a thousand acres of swamp that hln brother had given him with Instructions to give it away. He had failed to find anyone who would lake it. It was agreed that they should or- (Continued'on Page 4) SAYS MOST PRETTY CIRLSJRE "DUMB" MILWAUKEE, WIs. "All beauti- ful girls may not be dumb, but most dumb girls are Dr. Al- 1 women of the address MIKESHA ROADHDUSE LATESTJNDER LOCK The Firefly cafe. Highway 19, near Wnukesha, was closed yesterday for one year by Feder.il Judge A. jcielgcr afler William Orabo, owner ot I the cafe, had appeared Iwfore the court and consented to a decree pad locking tlie place under the- nuisance1 provision oF the Volstead act. CIrabo was given permission to use the sec- ond door of the building as living quarters. iaKizeu m fred Hall Quest told the ultimate test or deplorable situation we ore. trying to stead of brainy women." relieve." KENOSHA Police, today were looking for a red haired man, who with the aid of a "hard luck" story talked himself into a good dinner at a home here and after he had gone, it was discovered several valuable pieces of Jewelry were missing. women in an Service Star legion here. "There Isn't enough beauty a_nd brains to go round so nature divides them up, giving good looks as a sub KN1PFKL TO .iriL TAKEN HOSPITAL Mrs. George Knipfel, who was in- jured In Milwaukee when a car driv- en by Dr. Albright struck her, has been taken to the Milwaukee hos- SCHOOL BOARD AND SCHOOL OF FICIALS PRESENT FIGURES1 AND FACTS TO COUNCIL The board of education formally made rcn.uc.it of the common' council nt its meeting last evening foi the sum of of which is o be expended for the building of a iunlor high school adjoining the pre'sf- high school building and. for making improvements and repair- Ing of the Ulnir grade school Tho lioard of education was- recently granted for purclmse of the jile niHin which the proposed junioi :ilgli school is to be built. Tho petl- lion, together with tho architect's Irav.-lngs were referred to the finance' with a request Unit it re V oort at the nest meeting of tho conn- IS. Mayor Blair also sug :o.sled thai, all members of the conn'' study the plans In (he nieantiriio. Tlio request for (lie money to oe by n bond Issno, was presented ly 1C. R. ICstbc-rg. president. of the icbool hoard. Mr. Ustbcrg stated" hut thn school was absolutely neces iary although he reiilixed that tho ra- liiesled appropriation wan large, coh- ;ldortng tho frequent reeiueato made luring Iho last five years. However, ic staled, lhat owing to the ovor- of Ihu present high school ind ibo need of special attention aiid for pupils in tho seventh', slb'lith and ninth grades. Hie expense :van worthwhile. The board had con- ddered several plans, one involving mly JM.OliO but this did not apiiear feasible and would only mean a re- inest for more money within u short lime. Discuss Needs of School J. K. Worlbington, principal of the. ilgh school, discussed the need of Jie junior high scliuol in greater de- Me said that the high school was built with a capacity of 800. Mirolliuctil now is 108S, including 60 in the vocational school. On January1 !0 of (his year there will come 56 new pupils from (ho grades and only 12 will graduate and there is an ex- pectancy of -10 to iO from out >f town so lhat the high school must take care of sonic 1150 pupils. The ncreiising attendance at high schools :s a lesk nation-wide development. "Tho capacity is only 050 so hiuny lupils 1111131 tisf! desks of other p'iiplta. Right teachers have no "home room' ind one period must bo added to tho iverage day's work. Kach teacher should have a "home room1' in order to have time to prepare work on the boards or prepare for experimental work. The new junior high school will add twelve rooms and will pro- vide facilities for manual arts and science courses for the younger pupils. As a result of special legislation nst year, said Mr. Wprthinglon each- high school pupil must be given hali jn hour a day in physical education This means that eighty-three pupils must bo assembled for one gymna-- litim class during the time available mil tiiis is impractical as the best work can be with only 40 to 50 mipils. Greater off ice -space is need- ed also for administration of school! .iffairs, concluded Mr. Worthington. G. O. Hanting, superintendent schools, cited some objections to junior high school project and an- swered them. The first was the lhat the younger high school pupils might be distributed umqn'K the graded cchnols. There is no room'' ii> the grade schools as there a, net gain of WO pupils from 1324 to and furthermore tho best au- tliorities agree that pupils must .bo segregated according to ages, .the first six grades boing the childhood stage, tho next three grades the mosf, critical in any hoy's or girl's life and the last three grades being the period stitute for high power j pital. where- she will be under mnnhood and womanhood. ho said. Dr. Hall Ques', who is director of the Milwaukee university school, said that as a result of this condi- tion "a lot of children are brought Into the world by bumb-bells, In- KENOSHA Local Leglo'.iairres paused a moment at their meeting, hero, last night, to honor the memory of Malor General Hobcrt McCoy, who died yesterday. Slate Command- To mix these seventh, eighth and ninth grade pupils svith older chil- dren or with younger children was dangerous. At that time too is when the average boy or girl needs REV C- W. HEYWOOD j gymnasium work the most and also SPEAKS AT DELAFIELD to "PP'? himself or herself to work, such as manual training and domestic science. care of Dr. Kv.'uis. Her right hand was severely crushed and it is feared that some, or at least one, of her fingers will have to be removed. Rev. Charles W. Heywood spoke to the Men's club of Delafiold at the Episcopal rectory In that village Tuesday evening, his theme being Makes a Nation Greal." The c-r.H, L. Plunimer. guest of the local Men's club has been In existance. only pout, gave a eulogy a', the famous war: three months Ijut Is already a power- officer. fill Influence In the village. WELCH. ORIGINATOR OF (UtAPK JUICE, DIES ST. PETRRSBURG.' La. Charles Edgar Welch, 73, originator of Welfcll. grape juice and a prominent facturer, died here toiiny.
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