Indianapolis Times, Volume 42, Number 173, Indianapolis, Marion County, 28 November 1930 — Page 1

E I

NOBEL PEACE PRIZE IS WON BY KELLOGG Former Secretary of State Is Awarded Honor for 1929. RECOGNIZED FOR TREATY Swedish Archbishop Gets 1930 Grant: Both Will Go to Oslo. By United Pr> es OSLO, Nov. 28.—Frank B. Kellogg, former secretary of state of the United States and co-author with Aristide Briand of France of the Kellogg-Briand pact to outlaw war, has been awarded the Nobel peace prize for 1929. The award gave the United States her third Nobel prize this year.

Sinclair Lewis won the 1930 prize for literature and Dr. Karl Landsteiner of the Rockefeller institute ip New York, received this year’s prize lor distinguished work in medicine. The 1930 peace award was given to Archbishop L. O. J. Soderblom, primate of Sweden. member of the Swedish acad-

'? ♦ < , ’ | *

Kellogg

emy, and author of many theological works. His most recent work was “The Church and Peace,” written a sa Birge memorial lecture. It was understood that Kellogg ; and Archbishop Soderblom would come to Oslo to receive their prizes, j which amount to between $47,000 and $48,000 each. Signed by Great Powers The award to Kellogg obviously was made for his work on the peace pact, which was signed by the great j powers. Pour other Americans have won ihe peace prize, Theodore Roosevelt in 1906. Elihu Root in 1912. Woodiow Wilson in 1919 and Charles G. Dawes, joint holder with Sir Austen Chamberlain of England, in 1925. Aristide Briand of France and the late Gustav Stresemann of Germany won the prize jointly in 1926. Ferdinand Buisson of France and Ludvig Quidde of Germany shared the award the following year. No peace prize was given in 1928. Career Is Distinguished Kellogg has had a distinguished i areer in United States politics and n international affairs since he en- ; ered national politics fourteen years ~go at the age of 60 when he entered the United States senate from Minnesota. In addition to serving as secretary of state. Kellogg has held the important diplomatic post of ambassador to the Court of St. : James.' The signature of the Kellogg- i Briand pact in Paris on Aug. 28, 1928. by the representatives of six great powers, was the climax of Kellogg's international career. The pact was signed later by most of the other governments of the world. The signatory nations pledged themselves to renounce war ;\s an instrument of national policy. Kellogg now’ is serving as a judge on the permanent court of international justice at The Hague. DELAY GANGSTER TRIAL Prosecution Postpones Hearing of j Lingle Murder Suspect. till United Press CHICAGO, Nov. 28. Despite vigorous objection by the defense, the trial of Frank Foster, gangster accused of the murder of Alfred J. Lingle. Chicago Tribune reporter, was postponed today, this time until Saturday, at the request of the prosecution. DAVIS IN FINAL SESSION Secretary of Labor to Give Up Cabinet Seat on Monday. FIV United Press WASHINGTON. Nov. 28.—Secretary of Labor James J. Davis attended his final cabinet session today. He is retiring Monday to assume his place as senator from Pennsylvania. He has sat in the same cabinet chair since March, 1921. PARIS HAS ’MUD RAIN’ Phenomenon Is Believed Result of Sand Blown From Sahara. Bj United Press PARIS, Nov. 28.—Ihe Park St. Maur observatory announced today that a “rain of mud” fell over the city of Paris today. The mud rain occurred at 5 a. m., the annoijncement said, and it was believed the mud was du# to sand which was carried from the Sahara desert over the Mediterranean at a high altitude and then mixed with rain.

Music Hath — By United Frees BOSTON. Nov. 28. Disguised as a blind and elderly fiddler, Jacques Gordon, Chicago violinist, stood on a street corner here Thursday and played his $40,000 Stradivarius to see whether Bostonians really appreciate good music. He collected a total of $1.27 in small change.

Complete Wire Reports of UNITED PRESS* The Greatest World-Wide News Service

The Indianapolis Times Increasing cloudiness tonight with probably snow Saturday; slowly rising temperatures; lowest tonight about 10 to 15 degrees.

VOLUMS 42—NUMBER 173

Four Found Stabbed to Death in Home

Dairy Man, Wife and Two Children Are Murdered by Intruder. Bu United Prrus POUGHKEEPSIE, N. Y„ Nov. 28. Husted Germond, his wife and two children were found stabbed to death today in their home at Stanfordville, twenty miles from here. Police expressed the theory that the family had been murdered Wednesday. Germond supplied milk to a dairy, and when he made no delivery today the dairy sent Wilbur Coon, an official, to investigate. He found the four bodies. When Coon entered the house he found the body of Mrs Germond on the kitchen floor. Murdered by Intruder The body of her 18-year-old daughter was under the kitchen sink, and police believe she may have tried to hide when the assailant entered the house. Germond and his 8-year-old son, Raymond, apparently were stabbed while in the back yard and their bodies carried into a wagon house. Sheriff Bernard Rockefeller and Coroner John Card said it is certain the four persons had been murdered by an intruder. No Family Trouble Residents near Standfordville declared there had been no internal trouble in the Germond family. The farmer, who was 45, had lived in this section all his life and had built up a modest fortune in the dairy business. The milking machine still was running this morning, indicating Germond and his son were engaged ! in chores when attacked. The cows I appeared not to have been milked Thursday, which indicated* to authorities the slayings occurred the 1 night before. BANDIT FORGES COUNT OF LOOT Tired of Exaggerated Loss Claims, Victim Told. By United Press JOLIET, 111., Nov. 28.—Police 1 records showed to the penny today i what was obtained Thursday night j in the robbery of the Ailing station ! where Walter Gurney works. Gurney dispensed some gasoline ; to a well-dressed young man, who then served notice he was staging a holdup. “Now take your hands down and j count the money in the cash regis- I ter,” the robber ordered. “What’s the idea?” asked Gurney. “The idea is that if you don’t report to the police the exact amount I am taking, I am coming back again and make you suffer for it. I’ve pulled several jobs around this town and I’ve seen in the papers where every filling station guy I have held up has reported a lot more than I got away with.” PREDICTS BILL - PASSAGE Presidential Opposition to Norris Bill May Fail, Rep. Taylor Says. By United Press WASHINGTON, Nov. 28.—A prediction that the house would pass the Norris bill for optional government operation of Muscle Shoals was made to President Hoover today by Representative J. Will Taylor (Rep., Tenn.). Presidential opposition to the plan embodied in the bill, will fail to change the apparent sentiment of the house, Taylor believed. E A RTHQUAKE IS~~ FELT Shock Recorded at Harvard Thought to Be 1,750 Miels Away. By United Press CAMBRIDGE, Mass. Nov. 28.—A i “well-marked” earthquake of mod- j erate intensity was recorded today at the Harvard seismograph station. The distance of the quake was estimated at 1.750 miles from Cam- I bridge. Officials said this was “a relatively short distance and the : source may have been within the \ limits of continental North Amer- ! lca ” PILUDSKI MAY RESIGN Polish Premier Reported Ready to Quit, Form New Cabinet. By United Press WARSAW. Poland, Nov. 28.—Marshal Josef Pllsudski, who has been premier with dictatorial powers in recent months, was said reliably today to have decided to resign and permit formation of anew cabinet in which he would be minister of war. FIRE DAMAGES HOME SI,OOO Loss Caused at Dwelling on North Pennsylvania. Sparks igniting the roof of a two- i story frame house at 1628 North j Pennsylvania street, occupied by j Mrs. M. Coleman, caused SI,OOO damage this morning. Turkish Chief to Visit U. S. By United Press ROME, Nov. 28—Rushdi Bey. foreign minister of Turkey, expects to visit the United States in the j autumn of 1931, he said today in 1 discussing his visit to Rome. Fifty to Get Jobs By Times Special TERRE HAUTE. Ind.. Nov. 28.- ; Postmaster Will G. Hays announces j that employment will be provided for about fifty men at the postoffice : here . during the holiday season* 1 _ -

Wild Turkey? By United Press DETROIT, Nov. 28—Taken from behind the wheel of an automobile, which, police said, was zigzagging along snowcovered Michigan avenue, Ralph Meldrum insisted that he hadn’t been drinking. “But.” he solemnly added, “I did have a lot of stuffing.”

FOUR KILLED IN CROSSING CRASH Two Automobiles Wrecked by Fast Train. By United Press HOBART, Ind., Nov. 28.—Four persons were killed today when the two automobiles in which they were riding drove on to the tracks of the Nickel Plate railroad at the same time and were demolished by a fast passenger train. The dead: Attorney T. H. Grabowski of Gary, wealthy retired president of the First Indiana State bank; his wife; Norman Gabel, 25, of Valparaiso, and Rudolph Nicksch of Hobart. Grabowski was driving along the main street of Hobart, accompanied by his wife and the caretaker, when Niksch came alongside in another automobile. The two automobiles were abreast when they passed on to the railroad crossing. The machines were struck by a freight train and hurled off the track with such force that one of them shattered a switchman’s shanty and set fire to it. The switchman was off duty at the time. HOLD WOMAN FOR QUIZ IN MAN'S FIRE DEATH Search Is Continued for Husband Suspect in Rum Slaying. By United Press WEST FRANKFORT, 111., Nov. 28. —Mrs. George Miller, at whose home Joseph Palumbo Unnan was found murdered Tuesday, was held by police today, while a search continued for her husband, missing since the night before the slaying. Urniah, who had lived here for several years, was an alleged bootlegger. His body was found in his bedroom at the Miller home Tuesday. He had been beaten and his clothing saturated with gasoline and then fired. Mrs. Miller said three men came to the house the night before, threatened Urman, and then left with her husband. EDISON WILL RECEIVE POPE’S MEDAL TODAY Award I)layed in Customs Office i (ding Decision on Duty. By United Press WEST ORANGE, N. J., Nov. 28. The gold medal which Pope Pius presented to Thomas A. Edison will be delivered to the inventor today after being tied up in the New York customs office for several days. Customs officials first contended it was subject to duty and held it, but later they reversed their decision and classified it as a decoration conferred by a foreign government. ONLY 700 JOBS OPEN More Than 3,000 of City’s Unemployed to Be Disappointed. More than 3,000 of the city’s unemployed are scheduled for disappointment soon, when 700 temporary postal jobs are handed out by Postmaster Robert H. Bryson. Approximately 4,000 applications have been made for the jobs which will be filled by Dec. 10 to take care of the Christmas mail rush. All applications are being checked carefully, that the most needy may receive them. Bryson said. LAUDS FRATERNITY MEN Survey Chief Finds Scholarships of Organized Students Highest. By United Prr ,<s NEW YORK. Nov. 28.—A statistical study of 125 colleges and universities during the past year shows that fraternity men average higher scholas ically than nonfraternity students, Alvan E. Duerr, chairman of the scholarship committee, told the inter-fraternity conference which opened today. CHARITY - FUND COUNTED Receipts From H. S. Grid Game for Jobless Not Determined. The sum raised by Thanksgiving day’s Shortridge-Cathedral high school football game for unemployment relief w’ill not be determined until all reports are in from stores, police, firemen and other groups which participated in the ticket sale, it was announced. From averages reported Wednesday, it appeared the sum would approximate SB,OOO.

FASTEST TRANSPORT PLANE FOR ARMY AIR CHIEF

By United Press Detroit, nov. u.—what is understood to be the fastest transport airplane in the world, and one of the fastest military planes of any type. i§ receiving final tests at the Grouse He airport of the Detroit Aircraft Corporation, it was learned today.

INDIANAPOLIS, FRIDAY, NOVEMBER 28,1930

NEW BLIZZARD SWEEPS DOWN FROMARCTIC| Storm’s Vanguard Howls Over Dakota Plains, Bringing Snow. LITTLE RELIEF IN CITY; Virtually All of Eastern Half of U. S., Canada to Gulf Is Frozen. • Hourly Temperatures 1 a. m 8 7 a. m 3 2 a. m 8 8 a. m 4 3 a. m 7 9 a. m 6 4a. m 5 10 a. m 8 sa. m 4 11 a. m 10 6 a. m 3 12 (noon).. 11 6:15 a. m.. 2 Ip. m 15 Anew snowstorm, born in the \ Arctic circle, rolled southeastward i across the Canadian border today !in the wake of temperatures that reached 19 below- at one spot in the | | frozen middle and northwest, United ! Press dispatches said today. The vanguard of the storm j ! howled across the plains of North i ; Dakota and struck first today at j Bismarck with its loi and of snow\ Then it pointed southeast across | the northwest, preliminary to pow- j ! dering the middle west with snow : | within the next tenty-four hours. 100 Persons Killed | The new storm found virtually all | the eastern half of the United i States from Canada to the gulf frozen in zero or lower temperatures and approximately 100 persons dead, directly or indirectly, in the tenday siege of cold weather. Temperatures in Indianapolis and Indiana continued near zero today, with promise of some relief tonight j and Saturday, with accompanying ! snowfall. | After setting anew Thanksgiving j j record of 1 degree Thursday morn- ; | ing, the cold wave gave way and j I temperatures rose several degrees, : j only to fall again early this morn- ] ing. Fight Highway Drifts | At 6:15 thermometers of the ; United States weather bureau showed 2 degrees. At noon the temperature had risen to 11 degrees. Forecast indicated temperatures would not fall below 10 degrees to- I night and that they will continue j | to rise Saturday. Snowdrifts in northern Indiana ! called out the state highway de- ! payment's big plow's, which labored i Wednesday and Thursday nights to open trunk highways for traffic Thursday and today. Heaviest snowfall Was reported in | the La Porte, Valparaiso, and South | Bend regions, where many roads | were blocked with drifts several feet | deep. j Ft. Wayne was the coldest city in ! the state Thursday night and this morning, reporting zero weather, i Many other cities in the state reported temperatures within a few ; degrees of zero. Normal is about ; 35 degrees for this season. Central Avenue Lines Halted Locally, ice-coated streets presented many dangers to automobile i and pedestrian traffic, and street car j service on Central avenue lines was : I tied up two hours this morning I when trolley wdres snapped in sev- I ' eral localities. An emergency bus service was ; thrown into action by the Indian- ! apolis Street Railway Company while the wires were being repaired, j but many workers arrived downtown ! | late because of the rupture in serv- ! I ice. Contraction of wires due to j extreme cold caused the breaks. | Air mail and regular passenger ; air lines though Indianapolis were I operating without difficulty as skies i were clear today. 19 Below in Minnesota The lowest temperature in the | country today was in Brainerd, on j the plains of northern Minnesota ! where unofficial thermometers registered 19 below. It was 10 below in Duluth and 6 ; below in St. Paul when early alarm | clocks rang this morning. In Wisconsin. Lacrosse reported 8 j below- and Madison 4 below'. The sub-zero readings were rising, however, as the new stowstorm approached. Southward the mercury ranged . higher, but still unseasonably low. ; Municipal airport in Chicago re- ; ported 2 below; central Illinois reported from 10 above to zero; La- ; fayette, Ind., in the northwestern part of the state, reported 6 below. Other Indiana towns shivered as the mercury stayed around zero. Nips Citrus Crops It was so cold in Joliet, HI., that 1 convicts in the state prison were; excused from their tasks in the stone quarries. The lowest reading was 5 below-, anew record for i ■ Nov. 28. Frosts nipped the citrus crops ; along the gulf coast and far into I Florida. Asheville, N. C., w-here nothernj ers go to escape the cold, laid aside j white flannels for overcoats when j the mercury registered 20 above, j

The plane, equipped with many new designs to facilitate speed, is reported to have made 200 miles on previous tests. A final speed test when it will be “let out” is to be made soon, after which it will be forwarded to the army.

Gets Himself a Bird

> ||i|i

He couldn't take it home for Thanksgiving day dinner, but William Honan, 13, of 516 East Tenth street, got himself quite a bird on his holiday hunting trip. The chicken hawk he exhibits along with the big smile, has a wing spread of forty-one* inches. William ended its career with one .22-caliber bullet cleanly thro ugh the head when he caught it sitting eleven miles north of the city near the Marlon county line.

Nine Injured in Car Crashes on Icy Hill

Pouring Party Assorted liquors flowed freely today at a party at the federal building, but there were no guests. Approximately thirty gallons of neatly labeled whisky, wine and beer destroyed represented evidence in twenty-two disposed of liquor cases. James G. Browning, acting deputy prohibition administrator, poured.

MOTHER FACES MURDER JURY Death Penalty to Be Asked in Ground Glass Case. By United Press DENVER, Nov. 28.—Mrs. Pearl O’Loughlin went on trial in west side court today on the charge of murdering her 10-year-old stepdaughter, Leona. Prosecutor Earl Wetengel indicated at the outset of his questioning of prospective jurors that the state will demand the death penalty if its case is developed by the witnesses as he expects. Leona had been fed ground glass before her body was found in a lake. He challenged Moritz Bachenheimer for cause, and was sustained when Bachenheimer admitting holding religious and conscientious scruples against inflicting the penalty of hanging. Mrs. O’Loughlin did not flinch when Wettengel visioned a dangling noose in a brightly lighted room. Instead, she lay her head on her purse on the counsel table and closed her eyes. Sunshine streaming into the courtroom glistened on her recently hennaed blonde hair, and it shone brightly on her silken wrap. The hair protruded from a modish, tight-fitting black hat. But Mrs. O’Loughlin appeared weak and weary, and not at all interested in the proceedings.

NO JOB; KILLS SELF Man Provides Dinner for Family Before Suicide. Bit Times Special SOUTH BEND. Ind., Nov. 28. Jobless and despondent, Alex Pali, 65, a factory worker, provided a Thanksgiving dinner for his family before he went to a shed adjoining his home and hanged himself. Palis went to the Studebaker corporation factory and asked for a job. There was no work available, but the corporation gave him $lO. His wife reported that he returned home and left instructions that the $lO be used to buy a Thanksgiving dinner. An hour later she found his body. BANK ROBBER IS SLAIN Four Others Arrested in Suspected Attempt to. Raid Institution. By United Press PATERSON, N. J., Nov. 28.—One alleged robber was shot and four others arrested after what was believed to be an attempt to hold up the First National bank of Bloomingdale, ten miles northwest of here, today.

TT is a Lockheed ship, powered with a Wasp motor. The speedy ship built to carry enough gasoline for 2.800 miles will be used by General James A. Fechet, chief of the army air corps, it was understood.

Entered as Second Class Matter at I’ostoffDe. Indianapolis. Ind.

1 One Person in Critical Condition After Accidents at Glenn Valley. Two automobiles crashed on an ice-coated highway at Glenn Valley, ! eight miles south of Indianapolis, at coon today, injured nine persons, at least one critically. Bernard Williams, 50, Bedford (ind.) druggist, with his wife and two children, were descending the hi.’l on Bluff road in their car when it skidded and crashed head-on into 1 a car driven by Joe Cassidy, 28, of 323 South Fleming street. Second Accident of Day Mrs. Caroline Williams, 33, was badly bruised; her husband’s right leg was injured; their son, Bernard Jr., 7, was severely cut, and another son, Robert Williams, 4, was slightly bruised. | Cassidy suffered cuts on the face and head and Herbert Dyer, 31, of 130 East France street, was critically hurt. All the Injured were treated by Dr. Byron Spees at Glenn valley and then brought to Indianapolis hospitals. Oniy a few minutes before the : crash, Mrs. C. P. Boone of 1208 Seventeeth street, Bedford, had darted driving down the hill when i she jammed on her brakes to avoid ! collision with a rural mail delivery I car, driven by Fred Breuer, 1559 i Gilbert avenue, as Breuer drove cn i to the Bluff road. Car Is Overturned Mrs. Boone’s car overturned. She i was bruised and suffered a severe : nervous shock. Her daughter, Lois, 13, and son, Everett, 15, suffered body injuries. Attendants of the Dixie garage at the top of the hill said the motorists evidently had ignored a red warning flag they had erected there. U. S. POWER PROBLEM OUTLINED BY WILBUR Warns That Federal and State Officials Must Get Together. By United Press WASHINGTON, Nov. 28.—Power development in the United States may be impeded seriously “unless ; the state and federal agencies find a basis whereby each may properly j .supplement and not duplicate the ; other.” Secretary of Interior Wilbur ! said in a summary of the annual report of the federal power commission. | Wilbur said control over water power was primarily a state, not a federal, question, except for safeguarding the interests of navigation and federal properties. Some state officials, he said, have complained that the federal government is encroaching on their field. BELASCO IS RESTLESS Little Change Noted In Condition of Producer; Crisis Is Past. By United Press NEW YORK. Nov. 28 —Condition of David Belasco, veteran theatrical producer, was described as “about the same” today. He passed the crisis in a pneumonia attack several days ago, but was reported as having spent a restless day Thursday.. DIES FROM IXPOSURE Recluses Body Found by Neighbor; Freezing Weather Blamed. ! By United Press J WARSAW. Ind., Nov. 28.—Clinton I Elder, 60, Claypool, was found in J his home today, dead from ex- ; posure to the cold. He lived alone and the body was discovered by a neighbor.

Although it is a transport type it has but one seat in the cabin, the remainder of the room being taken up with extra fuel and oil tanks. Secrecy has surrounded the building and testing of the army pl^ne.

NOPE LOW FOR PAROON OF MOONEY; COMMUTATION OF SENTENCE BELIEVED LIKELY Supreme Court Expected to Hand Governor Its Billings Case Recommendations Monday; Finding’s to Rule Fate of Both Men. YOUNG’S LAST CHANCE FOR ACTION Present Executive Leaves Office Jan. 1; Rolph, His Successor, Never Has Committed Self on Bombing Sentences. By United Press MANILA, P, 1., Nov. 28.—Major Vicente IL. Darros, U. S. A., retired, told the United Press today he saw a man place a suitcase at the corner of Market and Steuart streets, San Francisco, the day of the Preparedness day explosion and that the man was not Thomas J. Mooney nor Warren K. Billings. By United Press SAN FRANCISC(L Nov. 28.—The United Press learned today from a usually reliable source that there is little, if any, hope that Thomas J. Mooney and Warren K. Billings will bei pardoned from life prison sentences imposed after their con. victions on charges of complicityMn the San Francisco Preparedness day bombing in July, 1916. Commutation of sentence apparently is the most they can expect, the United Press was told. Ten persons were killed and forty injured in the Preparedness day explosions, which rocked downtown San Francisco on the eve of America’s entry in the World war. Mooney and Billings were convicted at separate trials. They always have claimed they were innocent.

Touchdown ! The Times carries the pigskin over the chalkmarks for a touchdown today with Knute Rockne’s all-Big Ten selections on the sports page. Don’t miss it. Notre Dame’s famous coach picks his Western Conference “who’s who” for the exclusive use of The Times in this district. And Saturday, another touchdown will be scored with Dick Miller’s tenth annual Times’ ail-state college teams. Miller, one of the best known officials and writers in Indiana, picks his teams after seeing every Hoosier college eleven in action. And don’t miss Monday—the launching of another year for the state’s prize basketball column—Off the Backboard, by Vera Boxell.

WAR ON ‘PARASITES’ St. Louis Cops Convict Two in Drive on Crooks. By United Press ST. LOUIS. Mo., Nov. 28.—The first two men charged with vagrancy in a police drive against “underworld parasites” were fined S3OO my Henry Stein, provisional city court judge, today. The action was the first test of the police department’s drive to clear the city of undesirables, announced after the daylight machine gun slaying of two gangsters Saturday. The men fined today were John Blockberger and Tommy Hayes, arrested Tuesday as pickpocket suspects. The minimum fine under the vagrancy ordinance is $5, the maximum SI,OOO. STATE JOBS DISCUSSED Democratic Party Leaders Confer With Frank Mayr Jr. By United Preis SOUTH BEND. Ind., Nov, 29. R. Earl Peters, Ft. Wayne, and Lee Bays, Sullivan, rivals for the Democratic state chairmanship last June, were to meet today for a final conference with Frank Mayr Jr., secretary of state-elect. Appointments to positions in the secretary of state’s department were to be discussed, it was learned. OPERA ON AIR “Fidelio” to Be Presented Saturday Night by Chicago Civic Opera. By United Press CHICAGO, Nov. 28.—“ Fidelio,” Beethoven’s only opera, will be presented Saturday night by the Chicago Civic Opera Company with Frida Leider, soprano, and Rene Maison, tenor, singing the leading roles. Part of the opera will be broadcast over a national radio chain. DRAFTS BILL FOR JOBS House Measure Would Provide Boulder Dam Work for Americans. By United Press WASHINGTON, Nov. 28.—Rep- j resentative Phillip D. Swing (Rep., Cal.) said today he would introduce on the opening day of congress a bill making it compulsory for contractors on Boulder Dam to give ! preference to American citizens in I hiring labor. Rockefeller Jr. Is Confident By United Press NEW YORK, Nov. 28— John D. Rockefeller Jr. expressed a “profound confidence” in the American people to pull the country out of the business depression, on Ills return with Mrs. Rockefeller on the Homeric from a visit in France and Spain.

HOME

Outside Marion fountv ;; Cents

TWO CENTS

Pardon petitions by botli men are being considered. Thq Billings appeal is before the California supreme courV* while that of Mooney is in the hands of Governor C. C, Young. Early next week, probably Mon* day; the supreme court will deliver to Governor Young its recommendation in Billings' case. Governor Young can not act fa* vorably on Billings’ application unless the supreme court so recommends. This is because California law requires supreme court recommendation in the petition of twice convicted men, such as Billings. Mooney, a San Quentin inmate, legally may be pardoned at any time, but the Governor insisted that the two cases are similar, and both men will receive the same treatment. Thus, if the supreme court flatly rejects Billings’ appeal, it will mean that Governor Young will refuse! Mooney’s plea of pardon. Both men have said they never 1 would accept paroles, insisting that a parole carries with it an inference of guilt. Commutation Is Likely Commutation, like a pardon or reprieve, is part of a Governor’s power to exercise clemency. Unlike a parole is the fact that a convict can not refuse a commutation of sentence. Virtually positive information coming to the United Press is that a pardon will not be granted, that leaves two courses open—a commutation or parole, and the former, according to those who have studied the case, seems the most likely. A recommendation one way or the other by the court will mark the end in all probability, of Governor Young’s part in the controversy. He leaves office the first of the year. James Rolph Jr., San Francisco mayor, succeeds him. Roiph's Stand Unknown Rolph’ never has committed himself on the Mooney-Billings case. His only reference to it during the Republican gubernatorial primary, in which he defeated Young, was that the case would be settled without delay should it ever come before him. The Mooney-Billings controversy has been a stormy issue between liberals and conservatives since the men were convicted. Efforts in their behalf never have ceased and wall not now, should their appeals be denied, according to Mary Gallagher, secretary of the Mooney Defense League. Three Governors have considered Mooney's petitions. William D. Stephens, who commuted Mooney’s original death sentence to life, refused his pardon appeal as did Friend W. Richardson. Last June Billings, the obscure member of the pair, asked the court for a pardon recommendation. This was denied after which Governor Young also denied Mooney's pardon petition. Young Left Loophole Governor Young, however, left a loophole. He suggested that John MacDonald, recanting star witness against both men, be found and returned to California to tell the supreme court his story. MacDonald was found in Baltimore a week later and brought to California where he told a special session of the supreme court that he testified falsely when he identified Mooney and Billings as the bombers. The MacDonald hearing brought the case before the court again and • it is evidence gathered then which is to be ruled on next week. All justices have reached conclusions, Chief Justice William H. Waste has announced. Editing the decision is all that remains, he said, J