Charleston Daily Mail (Newspaper) - January 15, 1935, Charleston, West Virginia
WEST VIRGINIA: Cloudy, probably light snow changing to rain tonight or Wednesday; rising temperature.
CHARLESTON, WEST VIRGINIA, TUESDAY EVENING, JANUARY 15, 1935
PRICE 5 CENTS
THIRD EXPERT SAYS HAUPTMANN WROTE KIDNAPING LETTERS
3 Arrive With Detective to Rebut, Reports Say, Defense Fisch Story
| HINT OF NEW ANGLE
May Endeavor to Prove Suspect’s Writing Was Forged in Notes
Associated Press Copyright
FLEMINGTON, N. J., Jan. 15.— The defense today again brought the dead Isador Fisch inferentially into the murder trial of Bruno Richard Hauptmann with questions
Mystery W itnesses Are Guarded by Police
FLEMINGTON, N. J., Jan. 15 (UP)—“Four or five” witnesses brought to this country from Germany by Detective Arthur Johnson will be taken to Trenton to await their call as rebuttal witnesses. Attorney General David T. Wilentz said today.
The witnesses were landed in Brooklyn today by a special cutter which met the liner Ile de France, and immediately speeded away in an automobile. ITteir identities were guarded by police.
“Some are members of the family of the late Isidor Fisch. and some are not,” Mr. Wilentz said. “I will not tell you how many are related to the man alleged to have been associated with Hauptmann.
They have been brought to this country in the event it becomes necessary to refute defense allegations regarding Fisch. They are rebuttal witnesses and in the same class with many others in this country who may have to testify in an-
BILL FOR FREE BOOKS DRAWN
Ready to Be Introduced in Senate; Old-Age Plan Also Ready
ORDER 59 ATTACHES
pointed toward the possible thesis ^who may nave ^testily
that Hauptmann s handwriting wras The attorney general said the state
I forged to the 14 Lindbergh ransom was “not interested in absolving Mr.
. I Fisch,” who Hauptmann charged
notes. j gave the $i4 6oo of Lindbergh
The questions were shot at John J ransom monew found in the carpen-F. Tyrrell, of Milwaukee, after he I ter's garage.
had become the third of the state's j b“rn c"
battery of experts to identify j ecj with him are already absolved, so
Hauptmann’s handwriting as that far as the state is concerned. ’
of the ransom notes.
Frederick A. Pope, of Hauptmann’s defense staff, asked Mr.
Tyrrell if “there is nothing that you could discover as a handwriting expert that would tell you that the author of the ransom note probably copied it from another writ- | ing?”
Pauli Made Floor Leader in Upper Branch; Jones on Finance Group
Three municipal home rule bills in addition to two old-age pension measures w?ere introduced Tuesday in the state senate.
Senators Earl H. Smith. Democrat, Marion county, and J. Pat Beacom, Democrat, Cabell county, sponsored the pension legislation.
Home rule bills were offered by Senators Alvin J. Barnhart. Democrat, Kanawha: Dan B. Fleming, Democrat, Pleasants county, and Mr. Beacom.
TOPICS OF OUR DAY
“At This Hour”
“No there are too many of those lit-tlie intimacies in this writing that are reflected in the ransom notes that the forger wouldn't think of.”
“I am not speaking of forgery, sir.” “Imitator.”
“Nor of imitators; I am merely talking of copying from a sample.” Bring in Educated Man
Later Pope asked:
“An educated man desiring to disguise or camouflage his handwriting would use words that would hardly be attributed to an educated man sometimes, wouldn't he?”
Mr. Tyrrell replied that in such "'acases “they overlook something else that is far more significant.”
“Yes.” Mr. Pope went on. “where they slip in here and there an ungrammatical or crude expression, do they also slip in here and there some striking grammatical terms? Is that whai you mean?”
“Well, that would be overlooking something else, wouldn’t it?”
“Well, if it was that kind of a man.” “Well, wrhen you are dealing with a forger or an extortioner, of course you are dealing with that kind of man?”
“No not necessarily,” the witness | insisted.
"Well, from your experience have I they sometimes endeavored to ward j off suspicion by the use of ungrammatical expressions?”
The witness said they had.
Edward J. Reilly, chief of the defense staff, replying to a penciled query on the purpose of the questions pertaining to an “educated man,” said:
“In Europe a person attending a ! university is classed as an educated man. A laborer or carpenter like Hauptmann is nothing but a mere peasant or laborer.”
Recall Hauptmann Claim Nothing has come out in the trial to indicate that Fisch was either edu- i cated or uneducated, but one of the ; prosecutors declared as an aside today I that “we are prepared to tell Fisch’s life from ‘z’ to ‘z’ and show that he j had no connection with the kidnap- I *ing.”
1 Hauptmann claims Fisch gave to him the $14,600 in ransom money which ; wras found in his Bronx garage the I day of his arrest last September 19. j Fiseh died in Germany of tuberculosis before Hauptmann’s arrest.
Mr. Pope said during the luncheon recess that he intends showing during cross-examination of Tyrrell this aft
A bill is to be introduced in the legislature which provides in a most progressive manner for the reform and improvement of police departments in all West Virginia cities
where paid officers are employed.
It is a measure which should receive the most careful and sympathetic attention—to the end that,
in its present form, or in a form
substantially like it, the bill may be enacted.
Of course it provides for a civil service, based on the merit system. Appointments to “the force.” and removals therefrom, are to be made only after approval by a civil service board of three members. The bill makes definite provisions regarding the selection of the commissioners; its form may be altered by the legislature, but a board of some kind is, naturally, of the essence of the plan.
This measure, if enacted, promises a real esprit de corps in the police forces of our cities—a feeling of reasonable security in individual tenure—at the same time setting up standards of character and efficiency which will surely mean much for lave and order in all the communities.
Perhaps the most important fundamental advantage of this police civil service system is that it takes the police out of politics. In examinations for appointment, no candidate is even to be asked as to his political views or party affiliation; nor is the knowledge of such views or affiliation, when possessed by the examining board, to have any influence in determining appointment or rejection. Members of the j civil service board must, however, ' be known as to their politics: not more than tw'O shall be from the same political organization. But the j commissioners are forbidden to be j members of any political party ; committee, or to take an active part j in any political campaign.
Two bills seeking to legislate recommendations of Governor Rump w’ere to be introduced in the senate Tuesday afternoon by Senator J. Patrick Beacom, of Huntington.
Senator Beacom’s measures would provide for furnishing free textbooks to all children in elementary schools, and setting up an old age pension system, financed two-thirds by the state and one-third by the federal government.
The Cabell county senator declared his textbook bill, the principle of which he said he had favored for several j’ears, would simply amend the state's general revenue law, making it provide not only for a minimum school term throughout the state, but for books as well.
Indications that the textbook bill will be the target of a powerful lobby were seen by Senator Beacom. He declared that it w’ould effect a tremendous saving to parents because texts would not have to be purchased more than once every five or six years, instead of once every semester as is frequently the case at present.
In his old-age pension bill, Senator Beacom declared, provision will be made for a $40 monthly pension for persons 60 years old or more. Any income pensioners may have, he said, would be subtracted from their allowance. A pension could be awarded both a husband and w-ife.
Figured on the same basis as the Ohio pension law. Senator Beacom said, the income from a $2,000,000 fund, prudently invested, would produce sufficiently revenue to defray the expenses of the pensions. The state would be able to borrow' funds for this purpose from a special fund set up by the Carnegie institution, and the act would be administered by the department of public welfare.
Delinquent Tax Bill Ready
Another bill bearing the indorsement of Auditor Edgar B. Sims, and calling for extension of the time for redemption of tax delinquent lands will be submitted to the senate by Senator Byron Randolph.
It calls for an extension of the redemption period on a1! property taxes delinquent for 1932 until June 3. 1935.
Mr. Sims has said that under previous extensions of time for paying delinquent taxes, $2,500,000 was paid to the state and 74 000 tracts of land were redeemed by their owners.
The state senate met at 2 o’clock, with its committees named and ready for work and its rules adopted.
At its brief session Monday afternoon it heard the announcement of committee appointments, approved the appointment of 59 attaches and held over until Tuesday Senator J. Patrick Beacom’s resolution indorsing the policies of President Roosevelt.
To J. T. Garrett, of Hurricane, in private life an insurance and real estate man. went the chairmanship of the senates temperance committee, formerly the committee on prohibition and temperance. It is expected that this group will have before it the highly - controversial liquor control plans, action upon which probably will
(Continued on Page 9, Column 4)
In the Legislature
Convened at 2 p. rn.
Consideration of Beacom resolution indorsing New Deal, and introduction of bills scheduled.
Free textbooks and old-age pension bills expected to be introduced.
Convened at 2 p. rn.
Committee assignments announced.
Resolution authorizing appointment of 59 attaches adopted.
Senator Dan B. Fleming named president pro tempore.
Convened at 2 p. rn.
Speaker to announce committee assignments.
First bills to be introduced.
Resolution to create joint commk-tee of 16 to study liquor problem to come up on its passage.
Adopted new' and revised rules.
Engaged in first liquor control battle over Thomas resolution to create joint committee of 16 to study the problem.
Adjourned at 2:45 p. rn.
GROUP IS ASKED ON LIQUOR PLAN
Special Committee Would Be Named; Opposition Arises in House
REICH VICTOR IN SAAR VOTE
Nazis Launch Drive Aimed at German Foes; Hundreds Flee Across Borders
WIN BY 90 PER CENT
JUSTICES CAN’T CLAIM FEES FROM FINES THEY COLLECT, SAYS STATE SUPREME COURT
Sets Speed Record
League Plans to Transfer Rich x4rea in March; Ask for Peace in Valley
Assignments of committees in the house of delegates were announced Tuesday afternoon. Chairmen of some of the most important ones are: W. M. LaFon, finance; H. E. Woodward. labor: J. N. Strouss. education; Dr. Ward Wylie, medicine and sanitation: T. E. Bigg. mines and mining; J. B. Saville. temperance; Roy F. Jimison. railroads: Jame? K. Thomas. taxation and finance: H. L. Van-Sickler. roads.
The question of whether a special joint committee of 16 shall have charge of drafting all measures designed to legalize the liquor traffic under the repeal amendment was to come up for further consideration in the house of delegates at Tuesday’s session, which convened at 2 p. rn.
The proposal, which came in a concurrent resolution offered by Delegate James Kay Thomas, of Charleston, was put off from Monday when several members opposed his move to put through the measure immediately.
Mr Thomas wanted immediate action. but Delegate Ben H. Butcher, of Parkersburg, veteran contender for outright repeal, opposed, saying the matter was too important to pass upon hastily. Delegate W. S. Wysong. of Webster county, expressed the same view, and Mr. Thomas withdrew his motion and allowed the resolution to he over a day under the rules.
Tries to Change Name The second flare over the liquor question came when Delegate W. M. LaFon, explaining certain changes in the rules which the house later adopted announced that the name of the old house committee on 'prohibition and temperance” had been changed to “committee on temperance,” since “prohibition” had become obsolete.
Delegate A. D. Preston, of Raleigh county, offered a new name for the committee. He moved to make it “alcoholic beverage control and temperance” committee.
Fearing such a committee would come into conflict with the special committee suggested in Delegate Thomas’ resolution. Delegate LaFon opposed Mr. Preston’s idea. telling the house that “we want to get the liquor question out of the way.” Delegate Ralph M. Timer, of Pendleton county, and others joined in Mr. LaFon's view, and the house voted down Delegate Preston's “alcoholic beverage control and temperance committee'’ name, retaining for the committee the name of “temperance.”
The resolution as offered by Mr. Thomas and w'hieh probably will come to a vote Tuesday afternoon provides (Continued on Page 12. Column 8)
Deputies Indicted On Killing Charges
WELCH. Jan. 15 (AP).—Indictments charging three deputy sheriffs wuth emoon that the ransom notes were I murder were included in 68 true bills I written by “an educated man,” and I returned by the McDow ell county I not by Hauptmann, the laborer. grand jury today.
The prosecution was ready to com- j Tile officers are: Harry Tracey, for bat the Fisch inferences with the ar-j the killing of Bill Newberry at Iaeger .rival of Detective Arthur Johnson and jn November; Bill Payne, deputy and four mystery witnesses from abroad. I chief of police at Iaeger for killing Whether or not any are relatives of Boe Thomas at Sandyhuff in October; Fisch has not been disclosed. I Harve Rowe, deputy," for killing of G.
Also among state witnesses ready to ! Q. Row e, his cousin, at Lex in De-estify is Louis Blitzer, a New York Cember.
ittorney, who told police that Haupt- j The ‘report included other indict-nann came to him shortly before his « monte for murder
Arrest and sought the number of Fisch’s j ™ ----
safety deposit box, asserting Fisch . . .
iw'ed him $14,000. Prosecutors have I | resent IN HA AttflCKCii
jaid they believed the call was an at ^ .'40 empt upon Hauptmann’s part to ar * Vange an alibi in event of arrest
Speakeasies in High School Area, Says Robertson, Urging Home-Rule
Business and Professional Vi omen Aet Upon His Plea and Indorse Program; (dies Parental Care
(Continued on Page 3, Column 1>
By Johnson in Article
Tile prosecution also said it plans to! PHILADELPHIA, Jan. 15 ntroduce another “surprise” witness General Hugh S. Johnson today at-
-» — **— - «-• -* tacked “his baby.” NR A, as it is
presently constituted. His attack was j
in a signed article in the Saturday Evening Post.
“I think that NRA has been put to sleep,” he said, “that the codes are , ... being allowed to languish, that the j
Cold weather, with the promise of Blue Eagle, without which it cannot j
nore immediately, and light snow' i;ve, is dying, that the principles or.
lurries Monday marked a further j which the whole plan proceeded are J bange in the weather from mild to being ignored. . .
itter cold. Tuesday dawned cold j _______
CUT WK* tnt Chronic haypwew. CAH HOW LAUCH At IHE fttHO WKH -THC CHIL&AIW* *■
Temperatures Max Monday ...... 32
Min. Monday ...... 24
1:30 p. rn. Tuesday ...... 40
River Stages The New, at Hinton, 3.1 feet, falling. The Kanawha, at Kana-
Appointment of Kennedy Gets Committee Approval
WASHINGTON, Jan. 15 (AP).—
Nominations of the five members of the securities and exchange commission, including Joseph P. Kennedy, the chairman, were approved today by the senate banking committee.
The committee deferred action on President Roosevelt’s nomination of Marriner S. Eccles as governor of the federal reserve board and Adolph C. Miller, veteran member of the board
Grain Prices Slump
CHICAGO, Jan. 15 (AP).—Wheat and corn prices slumped suddenly around noon today after Winnipeg .
ha Falls, 4.6 feet, falling: at Charles-h« 7 feet, pool; at Point Pleasant, 17 et. falling Dams are up as far down i quotations dropped to the minimums 'feck 9 I fixed by the Canadian government
Because speakeasies are “w’ithin tho shadow of our high school.” Thomas D. Robertson, juvenile probation officer. Monday night urged the Charleston Business and Professional Women’s club to “correct these terrible conditions” and bark a movement for homo rule.
The elub, at its meeting rn the East Side woman's clubhouse, voted a general indorsement of the home-rule program, but did not express itself on a specific measure.
Mr. Robertson's assertion about .the speakeasies climaxed his plea for the home-rule measure.
He asked for a “stiffening up of parental discipline in the home,” and added:
“When speakeasies come within the shadow of our high school, and they do, it’s time that something w'as done,
“It’s not the fault of tile school authorities that the speakeasies have crept in. They are just there and something should be done about it.” Juvenile (‘rime. he reminded his audience, “nearly always has its start in the home. The time when n child is in the most dangerous age,” he said, “when first tendencies and companionships are formed, is between 7 and IO years of age.” In urging the passage of the municipal home rule bill. Mr. Robertson said that, he believed that it was the duty of the legislature to deal with state-wide interests and not “take up half their time fighting over a charter bill for some municipality.” He cited the recent Shirley Ross charter bill.
“Under the municipal home rule bill.” he said, “the police department would be very much more efficient under its civil service. Policemen could go out and arrest those that politics may protect at
Hie prosent time. Every depart merit in the city government could be bettered. There would be no more speakeasies in the shadow of our high school.”
The passage of the bill by the legislature does not mean that the present government iii municipalities necessarily has to be changed he said, or will have to until a demand is made by the citizens of the municipality. A petition of 15 per cent of the population of Hie municipality, he added, would be sufficient to call a vote for a change in the munieipalitie’s charter.
Mr. Robertson, continuing on his subject of juvenile clime, repeated the plea he made last Friday to the West Side Woman's club:
“When children are at the age of 7 to IO there should be a stiff parental discipline. If mothers and fathers only realized the dangerous association a child can form, that later on in life may prove his undoing, they would be more careful.
“I urge that parents really get to know their children. See more of them. Know more about where they are and who their friends are. Be one of them. Study your child and give him every consideration, but at the same time, never relax on the home discipline.
“When parents do not give proper consideration to their young children, it is only natural that the child go out and find that consideration.
“A child going out and searching for this consideration is the first forming of a gang. This may be all right and again it may not. How do the parents know if they don’t investigate?
“As the child grows older, the gang feeling is there and he still seeks that consideration from the gang.’ ”
By The Associated Press
The Saar basin territory, under the sponsorship of the League of Nations since the World vcar, voted decisively to reunite with Nazi Germany.
Shortly after results of Sunday’s balloting were announced on Tuesday, arrests of anti-Hitlerites in Saarbruec-ken, which has a pro-Nazi government, were begun.
Hundreds of refugees, many of them Jews, crossed the border into France and Luxembourg.
Reichsfuehrer Hitler in a radio address of appreciation for the Saarlanders vote said “your decision gives me the possibility of contributing to the solution of Europe’s problems.” See Better Relations
Geneva foresaw improved Franco-German relations and Berlin’s possible return to the League of Nations as a result of the vote. Speedy action by the league to award the Saar formally to Germany was expected. It was expected that the territory w’ould be handed over formally to Germany about mid-March.
Although France had held no hopes that the territory would vote to join it. officials expressed surprise at the size of the vote. They had hoped for a large minority vote which might have led the league to divide the territory.
French Premier Pierre Etienne Eland in appealed to Germany to respect the rights of minority voters in the plebiscite and not to force them to leave the territory. He announced that no Frenchman would think of contesting the result of the plebiscite.
Official Result of Vote
The official results of the voting were:
For a return to Germany, 477.119; for the status quo, 46.513; for annexation to France. 2.124.
Great Britain is willing to enter a swapping deal with Germany—the abrogation of the military clauses of the Versailles treaty in return for Germany's whole-hearted participation in a general pact for the limitation of armament.
This announcement came from an authoritative source after the British cabinet met and reviewed the European outlook in the light of the improved atmosphere resulting from the Franco-German agreement of Rome last month and Sunday's plebiscite by which the Saar Basin territory voted for reunion with Germany.
Nazis W in 90 Pi t Cent
Associated Press Cog; right
SAAR BRUCKEN. Saar Basin Territory. Jan. 15. The Nazis, having swept the Saar plebiscite with a poll of 90 per cent of the more than half million votes cast Sunday, today assumed full command of the Saarbrueeken police force.
They started out to round up about 120 men—all the anti-Nazi members of the blue coat s. Thirty of them, and these included some who fled from Reichsfuehrer Hitler's Germany were said by the Nazis to have been jailed before 1:30 p. rn.
Sixteen Communists previously reported arrested turned out to be policemen.
The entire 120 the Nazis said, would be jailed before nightfall unless they escape across the frontier. These men formed a special group recruited several months ago as the day of the plebiscite neared.
Although the League of Nations governing commission still directed the affairs of the territory, all public services were in virtual rebellion against foreign control on “freedom day.”
Up until early afternoon there had been no sign of mob action anywhere. So far as could be discovered, the only concerted action had been against the local police.
One of the police who were arrested had bc#n sent as bodyguard for Max Braun, leader of the “common front,” organization which fought a return to Germany. Braun'had expressed fears for his life should the territory reunite with the reich. The officers were held for “stealing arms” after their seizure in the socialist welfare center, where Braun has lived for months.
Braun refused to flee across the frontier despite the insistence of his friends.
Magistrates Shorn of Power in Criminal Cases as Result of Ruling, Declares Attorney, Following Decision
PRACTICE IS UNCONSTITUTIONAL
Writ of Prohibition Issued Against Brannen in Test Action; Profited by Penalties, Says Opinion
Major Doolittle established a new transcontinental speed record for transport planes Tuesday, darting across the country from Burbank, Cal., to New York, in 11 hours, 59 minutes, to break Captain Eddie Rickenbacker’s mark by 3 minutes, 59 seconds. (Story on page 3).
Justices of the peace in West Virginia Tuesday were, in effect, shorn by the supreme court of powers to try criminal cases.
The court ruled that payment of fees to justices from fines they collect is unconstitutional.
“It practically strips the justices of any power to try misdemeanor cases,” declared Elliott Nefflen, counsel for Justice P. L. Brannen in a test case.
“They haven’t any fees now, and the result will be they won’t have any desire to try these cases because they won’t get anything from them,” said Mr. Nefflen, a former assistant attorney general.
“It puts the u'hole problems righto back in the hands of the legislature to
HEARING BEGUN UPONOIL CODE
Viarlington Officials Hear Dispute on Board Jurisdiction
Subsistence Plan For Needy Racked
United Press Copyright WASHINGTON. Jan. 15.- Plans to reduce federal relief rolls by 4,OOO,OOO persons through a nation-wide subsistence homestead and rural rehabilitation program received serious consideration today from administration chieftains.
The costs, estimated between $750.-000,000 and $1,000,000,000 would come from the $4,000,000,000 Prcsid e n t Roosevelt is asking from congress to finance work for tho 16,000,000 persons now receiving government doles.
Trusty Flees With But Small Part of Term Left
MOUNDSVILLE, Jan. 15 (AP).— I William Lough. 22. of Tucker county,! a trustry with bul four months to j serve of a five-year term walked J away from the state prison today. I Dr. ('. F. McClintic, warden, said I Lough was working at a new wall j project. He was sent for a bucket of j water but did not return. He was I serving a sentence for breaking and entering.
A hearing to determine the jurisdiction of the federal petroleum board to act in a complaint of the Oil and Gas Well Refinery Workers of America against the United Fuel Gas company was being held Tuesday in the federal court room.
The hearing was granted at the request of the union, whose members are employed ct gas compressor and gasoline extraction stations, following the refusal of United Fuel Gas company officials to recognize and negotiate with the union.
The workers threatened to call a strike at the compressor plants if they were not recognized, according to Henry A. Wallace, president of United Fuel. The company’s attorneys challenged the right of the petroleum board to act in the case on the ground that the compressor and gasoline stations were incidental to the natural gas industry.
To Decide Jurisdiction
Tho board of representatives expected to decide the question of jurisdiction Tuesday afternoon.
Th*> case is being heard by Dr. John A Lapp, member of the board, an/ Mortimer Kollender, an attorney for the petroleum administration board Both are from Washington.
Testimony was taken Tuesday forenoon on whether the extraction of gasoline from dry gas at the compressor stations comes under the petroleum code. Decision was deferred until the afternoon, when additional testimony was to be taken and the case was to be argued.
'rho complaint of the workmen's union will be taken up if the board holds that the workers come under the peroleum board’s jurisdiction.
Witnesses representing the union testified that the compressor stations and the usually adjoining gasoline extraction plants could operate from gas from oil wells or from natural gas. and were therefore a branch of the petroleum industry. Union witnesses included T. L. Armstrong, of Catlettsburg, Ky., who is employed at l.eaeh, Kv.. and Lyle Pridernore. of Kenova, who is employed at a gasoline plant a few miles above Kenova.
Doesn’t Examine Them
Harold A. Ritz and H. D. Rummel, representing United Fuel Gas company. waived cross examination of the union witnesses. Mr. Ritz announced that his witnesses would be heard in the afternoon and he told tho board representatives that he challenged its authority to aet in the case because the gasoline plants were incidental to the natural gas industry because they were first started for the purpose of extracting moisture from gas which tended to obstruct the pipe lines. Mr. Ritz also challenged the right of congress to undertake through a code to regulat ethe relations between an employer and employee
A copy of the proposed gas code, which has not been adopted, was introduced in support of Mr. Ritz's argument that the extraction of gasoline from dry g;is comes under the provision of the gas industry.
The petroleum board representatives expected to complete the hearing Tuesday.
Mr. Wallace said that although the compressor station men held key positions the unions did not include, at present, more than 5 or 6 per cent of the company employees.
The 25 or 30 plants of the company and its .subsidiaries are scattered over W7est Virginia. Pennsylvania, Ohio, Kentucky and Maryland.
devise a system whereby justices can receive compensation without regard to fines.”
Mr. Nefflen emphasized that the ruling applies only to cases in which justices have conducted trials, not to actions where they hold defendants for grand jury action.
Can’t Be Judge in Own Case
Quot/ng from old English common law-, the supreme court in its decision declared “no man can be judge in his own case.” and held “the maxim applies to a case in which a judge or justice of the peace is interested as well as to one in w'hich he is a party.”
The court upheld contentions of John H. Williams that Magistrate Brannen, of Cabin Creek, W’as without authority to try him on charges of violating the mining laws because the justice w'ould receive fees from the fine imposed in event of -conviction.
Williams’ petition for a writ of prohibition was granted.
The court cited the law providing that fines collected by justices of the peace shall be turned over to the sheriff and set aside for the general school fund subject to withdrawal of fees due the justices and constables.
Must Convict to Get Fees
“The effect of these provisions is that a justice has only two sources of compensation in misdemeanor cases— costs paid by the accused w'hen convicted. and the fund accumulated in the hands of the sheriff from fines assessed by the justice,” the court held.
“It is obvious that a justice must convict in an appreciable number of such cases where fines and costs are collected in order to secure payment of his fees in those cases wherein he collects no costs.”
Supporting its ruling, the court in a decisic i written by Judge John H.
Hatcher, cited opinions of several other courts in related cases, including a decision of the United States supreme court that:
“Every procedure which would offer a possible temptation to the average man as a judge to forget the burden of proof required to convict the defendant, or which might lead him not to hold the balance nice, clear and true between the state and the accused. denies the latter due process of law.”
The ruling cuts deeply into the reve- Charleston automobile owners will nues of the justices of the peace which pay more for their theft insurance if
from several j a proposed adjustment of fire, theft .t ae.' in recent weeks. land collision rates sought by the Na-
Other Lines of Attack tional Automobile Underwriters asso-
Auditor Edgar B. Sims has ordered I elation is allow'ed by Harlan Justice, a check on accounts of justices and j deputy insurance commissioner. Hear-court action against those whose ac- | ing upon the underwriters’ petition is
against his interest to have acquitted him.’
“We are of opinion that counsel’s position is sound and that the respondent had a direct and material pecuniary interest in convicting the pe-tioner,” the court ruled.
“The common law of England (to which we are committed by our constitution ),” the court declared, “has a hoary maxim ‘nemo debit Esse judex in propria causa,’ w’hich Broom, translates no man can be judge in his own case.’
English Law', Burns Quoted
“The maxim applies to a case in which the judicial officer is interested, as well as to one in u'hich he is a party. A leading case illustrating the inflexibility of the maxim is Dimes v. Gr. June. Canal, decided 1854, which held that a decree even by the Lord Chancellor of England in a case where he had an insignificant interest ‘was not according to law’ and should be set aside. Chief Justle Lord Campbell said, ‘No one can suppose that Lord Cottenham (the Lord Chancellor) could be. in the remotest degree, influenced by the interest that he had in this concern (the canal company); but, it is of the last importance that the maxim that no man is to be a judge in his own cause, should be held sacred. And that is not to be confined to a cause in which he is a party, but applies to a cause in which he has an interest.’
“The attitude of the common law against entrusting the scales of justice to an interested tribunal is w'ell reflected in the philosophy of Burns:
“ ‘If self the w'av’ring balance shake,
“ ‘It’s rarely right adjusted.’ ”
Beside the wisdom of early jurists and poet-philosophcrs, the supreme court took into account numerous decisions of more modern times, including several handed down from former benches of the state tribunal.
“Counsel w'ould avoid the maxim on the grounds that the accused may nave a jury instead of the magistrate to try him. and that the accused has the unrestricted right of appeal,” said the court. “Both of these grounds are unsubstantial.”
Insurance Boost Hearing Is Called
counts with the state are not paid in full.
An informal opinion of Attorney General Homer A. Holt held that justices should not impose fines in cases involving charges of operation of slot machines, but that such charges should be presented to the grand-jurv.
From Cabell county came a test suit in the supreme court on the right of constables working out of justice of the peace courts to serve processes outside the district in which they were elected. “A special constable racket” was declared by Prosecutor E. E. Winters to be operating in Cabell county. The court held that constables were without authority to serve processes
set for ll a. rn. Thursday.
Charleston’s loss ratio from theft during the fiscal years of 1932 and 1933, the underw riters’ schedule shows, was 125.1 per cent, the highest in the state. It means, he said, that the company paid out on theft claims 25.1 per cent more than it received in premiums on theft policies.
A 15.2 per cent reduction on theft rates would be established at Huntington and Wheeling, wJth the remainder of the state virtually unaffected by fire and theft rate changes, except that it is proposed to advance the rate on gasoline trucks $1 per $100. For the state as a whole for the two
issued by another justice in any dis- j fiscal years, the underwriters reported, trict other than that in which they their experience was a 67 per cent loss
The court pointed out in holding that Brannen was without authority to hear the case against Williams that he had deposited with the sheriff $3,-574.87 in fines collected, and he and his constables hod collected fees totaling $3,573.65 leaving a balance in his fund with the sheriff of $1.22.
ratio on fire policies, and a 54.3 loss ratio on theft policies. The lowest theft ratio reported to the deputy commissioner, 23.2 per cent, wras at Wheeling.
Charleston’s average fire loss ratio for 1932-33, the schedule sets out, was 58.4 per cent, and for all forms of
It added that at the time Williams’ automobile insurance throughout the
state for the two-year periqd, the loss ratio was 62.6 per cent.
Declare That Congress Has Ratified Deflation
Find 3 Dead Men
HAVANA, Jan. 15 (AP)—Police today found three dead men beside an automobile near Marianao beach. Each bore several wounds on his head and a large bomb, the fuse of which had not been ignited, lay near the bodies.
The men were identified as three who escaped from a police station January 12 after being arrested for the possession of explosives.
Find Ex-Follies Actress Dead on Brooklyn Beaeli
NEW YORK, Jan. 15 (UP) — The body of a blond woman, tentatively identified as Lillian Kolker. said to be the wife of an actor, was found today on a luxurious fur coat on an icy beach in Brooklyn.
An autopsy was ordered to determine whether she had committed suicide or had been slain. Tentative identification was through papers in a purse. Checking on papers found in the purse, police learned that she was an actress and at one time was in the Ziegfeid follies.
trial w'as set the justice had on file with the county court unpaid fee bills amounting to $256.
Petitioner’s Contentions Upheld "Counsel for petitioner,” the court said, “resolve the situation as follows:
“‘If the petitioner (Williams) wrere ^ ... ,
acquitted the amount bf unpaid fee; WASHINGTON, Jan. 15 (AP)
bills would be increased: if he w ere Treasury experts contended today that convicted, the fine imposed, if collect-1 congress already has, in effect, ratified cd. would go to decrease the bills I President Roosevelt’s proclamation delodged with the court, and incidentally J valuing the gold dollar, would go into the pocket of the justice, j Officials busy with plans for action at least to the extent of the unpaid ! turning on the supreme court’s ruling fee bills ... j in the gold clause cases held that con-
“ ‘It is submitted that it would have j gressional approval of last June’s been t.o the respondent’s (Brannen) in-j philippine currency act represented terest to have reached a conclusion ; fuj] indorsement of devaluation, against this petitioner, and_m u c h | The philippine currency act of last
I June 19. appropriated money to pay S the islands the dollar profits accruing j to its gold deposits in this country I through devaluation.
Shoppers & Buyers Guide
The Diamond ............ 5
Groceries and Provisions
Kroger Grocery ,V Baking Co....... 3
Charmeo Mills ..... 4
Chicago Market ................... 4
Lee Furniture Co................. 2
Iladley’s ................ 7
Kcarse .......... 3
Rialto ............................... 2
Virginian ..................... 2
Greenbrier ............. 3
Capitol .............................. 8
Plymouth Automobiles .............. 14
Dan Cohen Shoe Co................. 14
Camel Cigarettes ................... 2
Charleston Clearing House .......... 3
Buhl Optical Co................ 2
Pritchard Motor Co.................. ?
Galperin Music Co. 5
Mrs. Robinson Is Up For Post Office Post
WASHINGTON. Jan. 15 (AP) — Representative Edmiston, Democrat, West Virginia, named Mrs. Eva C. Robinson, the only woman serving as a Democratic county chairman in West Virginia, to a postmastership today.
He recommended her for appointment at the post office at Harrisonville. She is chairman of the Ritchie County Democratic executive committee.