Indianapolis Times, Volume 41, Number 245, Indianapolis, Marion County, 21 February 1930 — Page 17

FEB. 21, 1930.

LEGAL STATUS OF NEGRO AIRED IN ÜBEL CASE .West Coast Paper Fights to Set Standing on Par With Whites. 2J(/ Bcrippn~lJoward Xeirspapcr Alllanre SAN FRANCISCO, Feb. 21.—For the first time since Lincoln’s emancipation proclamation a court today v-. asked to fix the legal status of the American Negro as equal to that of the white man. This Lssue was presented in a 175page brief prepared by Sidney McMechen Van Wyck Jr., counsel for the San Francisco News, in defense pf a libel action filed by one Louis Gomez. demanding $50,000 damages lor a story in which he was described as “a Portuguese Negro.” The contention Is that the appella- ' tion “Negro” is “false and defamatory” and “caused him contempt, ridicule, shame, mortification and Obloquy." Van Wyck did not question the fact of Gomez’s alleged whiteness. He based his defense on the simple question: Is it libelous in the United States of America, slxtyeeven years after emancipat.on. to refer to a white man as a Negro? The Issues raised, thinks Van Wyck, are as important for the Negro as any since the Dred Scott decision. Defines Stand "The standing of the American Negro on the date of publication of this article. Oct. 19, 1929, is here up lor judicial appraisal,” Van Wyck told the court. “Will the highest branch of government in California rate the American Negro of today as ‘infamous’ (adjective equivalent to obloquy) ? If the American Negro, on Oct. 19, 1929, was neither contemptible, ridiculous, nor infamous, but was a human being, entitled to respect, then no libel has been committed. If he was, Louis Gomez has been libeled. "To hold the word ‘Negro’ libelous In itself, if applied to a white man, is to place a brand upon the Negro race.” Van Wyck recalled that there have nineteen court decisions In southern states touching the question of libel in the use of the word “Negro,” seven before emancipation and eleven following. The first was in 1791 in South Carolina and the last in 1919 in Oklahoma, and all these decisions held the word libelous if applied to a white. Asks for Ruling In only one case has a court ruled otherwise, an Ohio case in 1818. Thus, should the San Francisco superior court rule favorably to the Negro, it will be the first ruling of the kind in 112 years. The point never has been passed upon by the United States supreme court. “Tire case thus raises the whole question of the advance and accomplishments of the Negro in America,” Van Wyck said. , “Now for the first time since Abraham Lincoln gave freedom to the American Negro and two-thirds of a century since his emancipation procir.mation, the courts of a state outside the south are to pass upon the wisdom of Lincoln’s gift of freedom and say whether the American Negro has justified, after these many years, the hopes and beliefs of the great emancipator.” ILEANA GOES TO CAIRO Princess, Free From Alliance, on Way to Egypt With Mother. Bu l nffeef Press BUCHAREST, Rumania, Feb. 21. —Free from her projected alliance With Count Alexander Von Hochberg. Pr incess Ileana is on her way to Cairo with her mother, Queen Marie. The princess’ trip to Egypt, scheduled to last two months, was to have brought her home shortly before her marriage. Now it has become a consolation journey.

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Bu United Press PARIS, Feb. 21.—Efforts of Jane Aubert, French actress, to divorce Nelson Morris of Chicago, were continued in the first tribunal of Paris today when her attorneys appealed against the decision of the Versailles divorce court, which declared itself incompetent to handle the case. Morris’ lawyers were fighting to prevent the case from being tried in Paris, which would force the actress to abandon her suit, as she has no legal domicile except in Paris. Meanwhile, Morris’ suit against the Palace theater, where his wife is the star of “Good News,” will be heard early next week. In an effort to force his wife to abandon the stage, the Chicagoan has sued the theater for 5,000 francs ($200) damages for each performance in which she appears. GOVERNOR ENROLLED AS WALTON MEMBER Leslie to Confer on Reforestation Program for State. Governor Harry G. Leslie today enrolled as charter member of the Indianapolis chapter of the Izaak Walton League being organized here by Ivar Hennings, South Bend, state president. Hennings will confer at the executive mansion tonight with the Governor and Director Richard Lieber of the state conservation department regarding a state reforestation program. Other charter members announced by Hennings include Walter Shirts, head of the fish and game division of the state conservation department, and Charles Biedenvolf, clerk of the supreme court. Swiftest, Easiest Way to End Bilious Spell When you neglect those first symptoms of constipation bad breath, coated tongue, listlessness, the whole system soon suffers. Appetite lags. Digestion slows up. You 'become headachy, dizzy, bilious. It’s easy to correct sluggish bowel action! Take a candy Cascaret tonight. See how quickly —and pleasantly—the bowels are activated. All the souring waste is gently propelled from the system. Regular and complete bowel action is restored. Cascarets are made from pure cascara, a substance which doctors agree actually strengthens bowel muscles. All drug stores have Cascarets. 10c.—Advertisement.

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PARLEY DELAY IS IRRITATING TO AMERICANS U. S. Party Confronted With Awkward Situation. BY ARTHUR F. DE GRIEVE United Press Staff Correspondent LONDON, Feb. 21.—Delay in the five-power naval conference, caused by the French cabinet situation, may prove embarrassing to the United States delegation, it was disclosed today. While the delegation, at present, is said to be running well within the $200,000 appropriated by Congress for its expenses, the unexpected prolongation of the conference may cause unforeseen financial burdens that possibly might make a supplemental appropriation necessary. The most immediately embarrassing factor, however, Is the fact that the United States, at the outset of

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THE INDIANAPOLIS TIMES

the conference, expected It to last only six weeks, and reserved headquarters in the Ritz hotel only for that period. The delegation occupied fifty-two rooms used as offices and twenty-four as living quarters. Unless the conference Is expedited, an awkward situation confronts the Americans and the hotel management, which needs the rooms by April 15, when the regular “season” starts. Moreover, the prices may have to be raised, the Americans now being accommodated at the lower winter rates. It was estimated the expenses of the delegation have averaged $3,000 daily, the cost of their passage being figured in. The Ritz quarters cost upward of $4,000 a week and expenses for supplemental use of the Mayfair hotel will swell the total. The delegation Is entailing little “luxury” expense. Entertaining has been reduced to a minimum and only necessary social functions are returned. Dealers have donated the motor cars used during their stay. Secretary of State Henry L. Stimson likewise will feel the delay financially, as he has rented the luxurious country place, Stanmore, for the duration of the conference, paying for it out of his own pocket. From marines to the heads of departments, all members of the delegation receive $5 per day upward, depending on the importance of their duties. Most of them now

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are enjoying a vacation, with full pay, during the adjournment. NAB TWO IN DRY RAID Police Claim 50-Gallon Rum Find in Novel Hiding Place. In a liquor raid today, Sergeant John Eisenhut and police arrested William Schmoll and William Albert, restaurant proprietors at 940 East Washington street, on blind tiger charges. Police claim an old patched inner tube hanging on a wall concealed a nail which, when pulled, opened a trap door into another room. In the room, police charge, they found fifty gallons of alcohol, whisky and wine. ENVOYS ENTERTAINED President and Mrs. Hoover Receive Diplomatic Corps. By United Press WASHINGTON, Feb. 21.—President and Mrs. Hoover were hosts to the capital’s diplomatic corps at a White House dinner Thursday night, which ranked among the most brilliant of the social season. Representatives of forty-nine nations were present. Ambassador Heman Velarde of Peru was ranking guest.’ He became dean of the diplomatic corps Wednesday when Sir Esme Howard, British ambassador, departed.

EQUITY IN TAX DISTRIBUTION IS AIM OF PARLEY State Study Group Will Submit Findings to Legislature. New sources of revenue and a more equitable manner of tax distribution are the two problems confronting the state tax study commission which has effected an organization preliminary to a thorough study of the tax problem. Recommendations of the commis-

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sion will be reported to the 1931 legislature as provided in the 1929 statute creating it. At the first meeting held Thursday in the directors’ room of L. S. Ayres & Cos., State Senator J. Clyde Hoffman was elected chairman, and State Senator Joe Rand Beckett, secretary. Both are from Indianapolis. Tt is planned to submit each major question to two of the fourteen members for preliminary study and report to the entire committee for discussion. Elimination of taxation of real property for state purposes, distribution of taxation so that all citizens will bear the burden equally and no one class will be penalized; and a manner by which even; citi-

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zen upon reaching majority shall contribute directly by taxation to tire support of the state government are the three aims of the commission. Merits of each proposal submitted will be passed upon by the commission before any question is directed at Its constitutionality. Auditors to Report OREENCASTLE, Ind., Feb. 21,Two auditors from the state board of accounts will go over the Barrett law books here before any payments will be made to bondholders. The incoming city administration found that the amounts in some of the funds were insufficient to cover payments due. A number of recent street improvements are covered by the bonds.