South Bend News-Times, Volume 37, Number 364, South Bend, St. Joseph County, 29 December 1920 — Page 3

iHE SOUTH BEND NEWS-TIMES

rnrxnsi.Y moiini.vg. ii:ckmiu:u 2. 102

KING ZERO FAILS TO DISCOURAGE SGOUTS ON HIKE

llilrtv Y o 11 n g AmericanLeave Citv While Mrrnirv overs Lou. R'fu.ng to MI'-w (. t h iT-ii' m - tr i". vhlk r-fc; i'-.rr r-l :".'' decr''inn'Mi v. lnt-r ov- -n ::it ;irr,;iri; 1 ton. n.''-rr than "'J hov ou's. ,.iriib:rs of tho various treo, h ..f thSouth Ib-nd council. b-d by Jo Taylor, trout 'X'-utiVf, I' ft h 1 . 1 f ! -j 1 1 -1 r -'TS at the, rhur.h-r f ' mm -r ' Iii 11 lrir i-irly T'"3ejdav morning and ::irt"l to Go-no r-,' ha'i six r:.i!-; : 011th of ihe e it . n farrival :it thir i si i r..i t : n th-j oys imni' diaie 1 v.r- t to w:.. .uepn ririic tr.- noi;-;'l ndj icM to : he bwbriir.g for the-:r op n air fcit h- ... Shortly latere i;o-n .1 1 ; T : - b;i : r w.v-t .-:.irt I and th- h.,ys md::g their in!l-. i'l'i.ti 1 "okir!' utensils ooked a m-al that would make j "to f'f the high salaried i h fs of t'n" city ;: up anil take t:ot,i .-. "Oth'-r Ulke Planned Th- :.'! nimm w.-e.s sj nt Sri pr.'i'"'cmg r.-.v drills ami -ivmg !;r-: aid lemonstratiens t s , r.l "f th :.irm rs living in th.it Pality. -th-lr regular Im of routinork, the boys were a:so alloW'd to indulge in se-vr-ral of the e-utdoor bite r sport.-. Another meal in tlo opn '.v. im prepare d in the ew-riing after which the : -ys again participa'ed in more gar.ieis tun I vinous ;tn,.ti."-'f'ii,ntH. 'i h bugle, calling the scouts to bed, '.vni sounded soon after S o'clock. The return hike to tho city will .ho ma do sono- time thi.s inornlnK. Mi.- fcouhs nil! b taken t( hrad-luartt-ra and aft"r thi final roll call is ta!;-n thy will lr (livin?-'! for the day. Dfpit' tlio 5.vcrc w.-atlK-r, it was 3oport d that not a miik1 scout suf-f.-rf-d any il! -rf ts of th lir.-t v.in-I'-r hike. Thf .M-'outs imvn l,'coTnM) -nthi.f-':(l that in"ri trip- ar lining pl.tnrid l" vout'n:at:rb' ut th'j vijriou.'i iroopi ;.l the city. FEAR EXCLUSION OF U. S. IN OIL FIELDS Dutch Bill Would Give East Indies Rights to Holding Company. THi: TTAGrr.. IXc 2 S. United S!ats authorities here fear that , American interests will 1 -xclud" l from the -rreat IJunha oil fU-hN in the Dtitch l'.at Indies if a hill i-iti-Miui -d in th Iutch parliament adopted. This measure prorn.-s to give the concession to th o fields a .tihldl try of the Itatnvia Oil 'o. The territory' b included in the concession described an the niot vabub'.o netroleum ground in the Hutch K:i Indies. The field lias .:; been th s,-.-ni' cf rumini-n-ial rivalry between I ut h-r.r.i;lih atid American oil groups. ATiH-r;crr.s 1 1 r - say that tin- only way in which American interest could obtain representation there would be for the Dutch govern ni'-nt tu p-ri:i.'t them to sub-i-'rihe to the Ptoek f tlu proposed handling company to be formed to handle the conce.sion. In thi h.oldir.g company, the lejtca I! i?'. Indian government and th Itatavia company would, by provisior.H of the tdll, be joint stockholders, the government sharing largely In the profit.'.. The government, however, will have a majority on the board of dir. cPjtm. Can Vote on Cimtrol. Accord'.ncr to the Amsterdara Ur4r,b-lslIad. the preferred shares, j giving a right to ot- as to the eontrol but not as to the direct inanaKPment, which will b in the ban. is of the Hatavii company, will ! mo.stly tinder governmental cun;nd. but. in orvier to placate forin, partb-ul arly American intera certain proportion of what ar,. known as- th "U"' share?, may e sold to forcicr.cr with the connt of the government. If "AKTS KATIOKAL POLICE OFFICES TO CHECK CRIME i ' 'NTINVCr T'HOM TAGK ONK.. 1. Its at c or o'-u r.ition letv. ( cr the two yt?.tts is r.c dcd. Vac Not National. Tie f a id t iico la c- rtis of orirr. iiN in r.2' cornpa.red favorably ith thoe of recent y sirs r.nd "that uhiie New York Is halr.- a few ' tac'ilar r::r.e--( s'-;r.e atrot. ion -t .'mt- trr.gic." he c'id nor. b.-l'eo thero is a ror.l natb n.-Avivlo wave." "As a r.att'T of f act," Ii. tui!, : r: b,a.'" I e n ed-icated to vi:.nvintis by recent exprrlent ev it '..c war s.-::; o.m r.otliir.g for The. t.tbiic-r cf human lt". The i-ur.trv is uralerKcdr.K a sU-l-o rf suftrir.-: at.d probably will bv eubect to niu'h piiir. for a f-w yean t Tib1 ccr.feror.ee ndcrryd a reo!:!''."n rtius-tinc Jov. Kd wards ;n i.trr.e a comn-itte- to r'r.uW up pro- !' ' I 1 i.,lation abT.? the Hr.-s s airiest cd. SEK. HARDIKCS DECISIOKS OK C AH IK ET KEAR . yNTINI FA KUi'M TACK 'Ni: be kr.own tb-w".:;ltdy uithir. a few ...;y. At the ,-iair. o tiiae Jje may :. ak iuhli' the r.aiv.e of one or two others on whom he i.a d. rirdtely incited for n-.ent crsl:ip in the cab:.ic:. Aj1J fnsm th-" o-.cn r.i::-s n.er.t:one re?nt froj'sip about Harding i.e-idiiurtcrs has brought to th fe.r : h r.air.e.s if pvernl poibilit ie who hitherto hr.J 'l-.-on in th- b.o-k-itt ourl of e vbir: : j-p.-c;:I.tti-n. Antor.g th.-- Ju;:i Iuvi-n ef Montara. i roie.ir. nt! Tantioa-d for .-rrt-tarv of the interior, "l.arb-s I . HilbS Ye d v.'cret i-y i f i i-n:r . ;--. . t e.is--Tj'. ar.! A T. lir; :' Ki-r'noky, - ': os.. r.m. h s i o -, . . .j.mI t ith. th-' pt tfohi. . : w ir. corny in ria ;i'Y. y.r Ah..- . tt.-.l IT. : ' MONTTVIPi: , fruguav, lkiir.br. !g- Colby. :l.. t'tdted i"tates stT'-tarj' ef s'.at', n.rnv-i aer Tutday i::orn;r..

Sentences Dambacker And Zim mer to Thirty-Day Term

Curt Di-reiranl-i Jurv Recommendation For Clemency Helea.-e- Rum to Defendants; Government Agents Grah It Firt Seizure Illegal.

I ';.rf gar .h' the r corarhf'ri'.i.il. of th- Jury that convicted '.Tri Zimmer and Kuere-n- I)amb.if h r .f v;.M tt;or! of th Indlatü prohibition law, that j ill , s nter.r' . b- sasp.-mb .!, arid that they be f:n-d $10'' ea'h, and overruling the n.oUon of Tros. Schwartz that the l-ol rases of "American I'ride"' whd.-ky involved be b stroyed. or turn-d owr to the federal authoriti Judge . It. Mcntgoniery. of the superior court. Tueniay ordered the defendants ..liled for 30 days e;i.m in adelition to the lon f'n-s, ;ti;d directed thai their ll'iu'T he la-turne.i tc them. Illotrally UexI, Hilling. .I'bige Mor.tpomery rrfused to lft tli tints and Jail Pente nres already s rv. d by Zimrnep and I)amtach r ffr violating the Wbb-Kenyon law. imposeil hy the federal court, stand in the way of their punishment for violation of the Indiana prohibition law. of which th? jury had found them guilty, and considering the large amount of liquor involved, and the profit that would have inured to the defendants h.id they r.ot been molested they must take their punishment n.s a warning to other yurh law violators. ' n the other hand, the court in a lengthy opinion, submitted in writing, held that Zimmer and Dambacher wer, entitled to the return of their liquor, it having been illegally seized in the tlrst instance, and that though they had been convicted of holding for an unlav.ful purpose, the method of .seizure pre.ercd a proferty value in it for them, that would have to b up.et in a separate proceeding. In legal circles jt in pointed out that the opinion calls attention to some glaring defects in the Indiana .statute, that needs amending", and that meanwhile the. method of the police In confiHcating liquors need o bo more safely guarded. Joy Soon Fnl Is. The "cup of Joy" that was llf'ed to the lips of the defendants, however, by the return of their liquor, was soon dashed to the lloor. as the return was only constructive and very temporary. As pointed out in the decision, there, was present in court Deputy United States Marshal Keam, armed with a writ of libel it?ued out of the federal court at- Indianapolis, on which the liquor could be seized as soon as the superior court released it. Hesldes Tros. Schwartz was there with a search and seizure warrant, in apparemt anticipation of the decision, with which to retake the liquor in ras the federal authorities did not take tt. The V. S. marshal helped himself, it wa.i unnecessary for the prosecutor to act. and the return of the liquor to Zimmer and Dambacher j "roved to be only a sort of legal fiction. Deputy Marshal I team, accompanied by Sheriff Duck. made arrangements for removal of the liquor to Indianapolis. The liquor, now possessed by the federal government, under the Volstead act, will now pass into a government warehouse from which it may be dispensed to hospitals, medical schools, etc., a.s in that act provided. Zimmer and Dambacher will each pay a fine of $l')G and are sentenced each to 3i) jays In the county Jail. To Sue To ItX)rr Hum. Trank Gilmer, one of the attorneys for the defendants, announced he would start a civil suit in the courts for the recovery of the confiscated liquor, and that he would hold a conference with the prisoner's Tuesday afternoon. Zimmer and Dambacher, In the) custody of Deputy Sheriff Taylor, were taken at once to the county jail to start serving their sentence. Judge Montgomery In li Is derision, took occasion to remark on the laxity of the police force of the city in their liquor raids, and declared that they operated with no authority. Soort"S IjoojiI OMiclals. "Local officials," the court said, "Do not operate under search warrants for liquor, and they should du sh. They are not responsible to anyone, and they can give the liquor away, sell it, or drink it themselves, and are not accountable to anyone for doing so. unless they are accountable to the federal authorities. If the federal authorities ask for an accounting of the liquor, they are phown what the local odirials h;vo on hand, and there I rcdhing that can be done to them for falling to produce ah that was taken in a certain tlace." Atty. Arnold, who has also been interested in the defense of the case, iUsked that the court follow the recommendations of the jury literally and liberally. Judge Montgomery refused to grant this plea. The main point upon which Judge Montgomery's decision turned was that th-y Zimmer-Dambacher liquor was in the hrst instance illegally seized, Inasmuch iu there was no search warrant and no arrest made at the time of seizure. The police merely entered the Ziinm.er-lam-baeher warehouse, took the l;;t cares of "American Pride" which dwindled to eases on the way to the city hall and without eith r a search warra.it or making an arrest, holding It until forced to turn it over to sheriff Duck for evidence at the Zimmer and Dambacher trials, after a long legal battle concluded In the supreme court. lliury of iis ZimnuT and Dambacher Wi re r.nt arretted until some two weeks after the s-MTch and seizure of the liquor ir. question. The police had meanwhile steaJfaüy mglected or refused to make any arrest. It was then that l'ros. Schwartz took matters into Iiis own hands, swore out warrants, caused the arrests to be made i.y the sherifs, and that the legal battle for the poes.sion of the liquor began, resulting in several it.1. rs from the superior court directing Sheriff Duck to obtain the liquor lror.i the police, an injunction from tm circuit court enjoining the sh'-rnt from taking it. a writ of prohibition from, the appellate court tying the hands of the superior court judge .- nd prosecutor against further acti !'. :"'d th-n an apikal from Jud-Je Punk's decioti to the upnme cmrt t.wken ly the state, as well a.s an appeal from Judge Montgomery's order. The writ of prohibition obtained by the city was finally dismissed, and th' appeal from Judiie Montgomery's crder resulting in that, cr

ib r bfiiis- uphflil. Juupe I-Mr.k's injunction fell fiat. Thj poliee then wanted the federal authorities to lc the liquor, frcm v.hijh they were enjoin -d by Judge Montiromery. pending the Zlmme-r and Dambacher trial in the superior court that rrs. Schwartz filed his motion for ib.'5-truc tion of the liquor, to bo ordered as a part cf the court's judgment. dleyenl His Jurillction. Judffo MontnuTy holds th.it the liquor 1-s beyond his Ju rislictiori, so far as concerns its destruction under the Indiana prohibition act, due to the manner in which it was taken from the defendants. Had the .'irrest of the m.en been coincident with tho seizure, the motion he held would bo proper, filed a.s it had been

I I nor to tntry of judgment. Had It V-en taken on search warrant, tho only other 1 gal process recognized by law, then it would have to '" disposed of on notice and a hearing e.n the search warrant notwithstanding the conviction. Nume-reus caes and quotations from statues ad decisions are cited bv the court in support of his view, holding that hi position would have to be the same, even under the Volftead act, which runs in much the same channel as the Indiana statute r.s regards search and seizure, though in more explicit terms. Judge Montgomery, in concluding his decision on the above point, look occasion, however, to point out w.ya and means of raving it from ;he hands of the defendants. He says': Points Way to Disposal. 'T.y overruling this petition, nnd oidering the liquor returned to the defendants, I nm not to be undrr-i stood a,s holding that upon iis return it mlqht not afterward, on proptr proceedings on the part of ihj state, bo secured from toe defendants and its destruction effected. Hut tho coirt is not called upon to discuss any such angle cf the ca.se nor Is it necessary. A deputy t.'nlted states marshal with the proper papers Is present In court to tako charge of this liquor in the event of an adverse ruling for the täte on ts petition." It appears that fdnce filing tho original motion to destroy the liquor, I-ros. Schwartz had amended his. petition asking that instead of destruction, it bo turned over to the federal government. Of this amendment Judge Montgomery says: "Hy the .state's petition, it may bv remarked here, in its amended form, reotesbs the court to order the liquor turned over to the federal authorities. As to p'.ich action the court would bo without power. Our state laws make no provision regard im; th. disposition of liauor by the j covrt except to destroy it or return j it to the owner. Hcyord this the i court would have no power or juris diction. After the orde- of thH court, if tho federal officer, on his papers, takes the liquor front tho defendants, then a dilt'trtnt case In a different proceeding i presented with which thb3 court has no concern." It i understood that Pros. Schwartz, anticipat'.ng such a possible ruling, was ready in court with th "proper proceeding" to recover the liquor, by separate action, had tho United States marshal not been there and acted on his libel papers from the federal court at Indianapolis. Declines Jurj'fl Itquesst. As his reasons for disregarding the recommendation of the Jury that convicted Zimmer and Dambacher, that they be fined $100 ach, and that the minimum Jail sentence of 30 days be suspended, Judge Montgomery said: "The court in passing upon the merit of a susp ended sentence, no matter from what source the recom.mendatlon comes may take Into account not only mitigating circumstances as may have become evidence at tho trial, but also any such circumstances within tho court's knowledge that may b outside the record. I'pon what the Jury based its recommendation is of course not known, and I will view the matter considcring anything that tho jury might properly have considered. Also ar.ytliJng outside the record as to them. "The defendants by their testimony admitted the possession by them of this liquor, a very large quantity, but they contended, and offered to explain, that they did not intend to unlawfully disposv of It. The Jury found to the contrary, that they did Intend to unlawfully dispose of this large quantity eif liouor, of course for gain. "Ihi.i being th 'ir.iiu:-. it must be admitted that iciiy rui:ie"ating circumstances calling for a suspended sentence should be of .räch force as would tend to offset the extent of tho offense and RUilt. Nothing Sugots IifiileiK y. "It may be offered in support of a Fuspended sentence that the dcfenebints are reputable business men, that it is their first offense, and considering their business interests that it would be an unu-'ual hardship upjn them to bo confined In j ul for this priod. As to the latter the extra hardship in regard to their business, this is a conseo.uence of guilt to be expected. In addition to the punishment ns prescribed, awould be experienced, in varying degree?, by all persons convicied, and is a matter of minor importance when considering a suspended entence. If considered. however, it works to the eli?erelit rf the defendants rather than to their credit. They had that much more to lose, ar.tl thej certainly kr.ew this. Notwithstanding the more serious consciutives that would result to tbetn, no doubt, that impelled them to engage in thi.s illegitimate enterprise, and I seo nothing about Xh'.i uriety of weakness ir misfortune, taken alor.e. that suggests lerbr.cy. lie -garding its being their first offense, this fact is not to be looked upon in the same light as where a suspended sentence is extended to i outhful first o'fender. lacking in years cf experience, where the purpose is the correction of a trowing, immature mind. The defendants b mr reputable business men. rath?r than raitig:-. ting the offense, aggr iates it. "The defendants were .onvi"t,.l in the federil court for' the offense of bringing this liquor into the state, for which thev have suffered punishment by Jail sentence. Punishment for the federal e.uTense is of course no defef.se to laws. Yet considered a marge tender this no doubt by tho court. the St.1t; might be

SCHOOL CHILDRESS ACCIDENTS DECREASE

CHICAGO, Dec. 25. Accident to r- 'heol children on the streets of Detroit h.wp dropped from a pak record of Mu reached in the school ear l-tlS-19 to a low record of 459 ir. the school year 131-2, since the introduction of org.tni7.ed safety instruction into the schools, according tr a report received at headquarters -f the National Safety council here from Frank Cody, superintendent of Detredt schools. The numtr e.f deaths dropped from 79 to 40, practically ."0 per cent. The safety Instruction plan of the National .Safety council has been adopted in 29 other of the larger cities of the country including St. Louis, Cleveland. Milwaukee, Rochester. Syracuse, and Huffalo. Hffort is being made by the council to get safety instruction made a pari of the curriculum of every school system in the country'"SUSIE," REAR, JOIXS FEMIKIST MOVEMENT SAN ANTONIO, Texas, Dec. In Hrackenridge park which contfclns the city zoo of San Antonio "Susie," a black bear has leen demonstrating "women's rights." A few evenings ago visitors were watching the feeding of the four J lack bears at the zoo. "Susie"' quietly left her food, and keeping an eye en the others, went to the den. raked all the straw Just spread for all into her own corner, laid down on It and went to sleep. The other bears accepted the situation, but that night a cold breeze, came from the north and "Susie 'proved herself to have been a weather prophet as veil as a believer In "women's righ's" among the bear tribes. PAY LAST TAXES FOR CHICAGO W ORLD FAIR CHICAGO, Dec. 2. The list installment of bonds issTjeel to cover the cost of the World's Fair in Chicago in IF 9 3 is now being paid at the city treasurer' h office-. A check for 2, 500, 000 was signed recently by the Chicago city comptroller to cover the bonds. A total of $5.000,000 in bonds was authorized by the voters a.s Chicago's contribution to the fair. WILL ASK $100,000 FUND ANNUALLY FOR MISSISSIPPI YALLEY Spokesmen From 27 States to Urge Waterway Improvement. ST. LOUIS. Mo., Dec. 2 S Spokesmen from 2 7 central states will ask an annual appropriation of $100,uUO.OuO for 10 years when hey ap-' pear before the sub-committee of: the house committee on appropria-1 tions Jan. 19 and L'O in the interest, of waterways improvements. This; was announced by James K. Smith of thi.-i city, vice president in cnarge of waterways of the Mississippi Valley association, who will head the delegation. Mr. Smith asserted approximately 5 00 persons would compose the delegation, and that virtually every one of tho 250 congressional districts In the 27 valley states would bj represented. Prominent business men and representatives of farmers' organizations have promised to appear before the subcommittee, he added. Tho appropriation to be asked Is not excessive, Mr. Smith declared, as that amount Is needed to make proper improvements on the country's natural carriers. AlttTctl to Ten Years. Rep. Campbell of Pennsylvania. Mr. Smith continued, has promised to resubmit to tho next congress his bill of the last congress, providing for the expenditure of $100,000.000 a year for five years, altered to provide for the appropria tion of that amount each year for i 10 years', for inland waterways improvements. Passage of the Newton bill will! be demanded, Mr. Smith explained. Thlf bill calls for the expenditure of f 100,000.000 to complete improvements already begun. These improvements are establishment of a nine-foot channel in the Mississippi from the mouth of; the Missouri river to New Orieans: j a slx-root enannei in me .Misisir pi from St. Louis to Minneapolis; a nine-foot channel In the Ohio from Pittsburg to Cairo: and a six-foot channel in the Missouri from St. I-uis to Kansas City. Mr. Smith said he expected the delegation's visit to be especially fruitful as it would "exceed in numbers and personal influence" the delegation ef .TOO which two years ago visited W.ashincton and obtained the establishment of the government barge lino on the Mis. sissippi. M F. ico ;ms COAL. Ur Associated Press: "KACfLK PASS. Texas. Dec. 2 v The Mexican fuel problem is gradually improving, 20 to ? 5 e-arloads of coal being j. reduced daily In the Coahuila fields, accordintr to Mexican consulate officials here Tuesday. taken together with the other circwrrstances of the case, in determining upen a suspended jail sentence. Hut the jury's verdict might have consusted of a fine not exceeding $300 and a jail sentence r.ot exceeding a period of six months. They assessed the minimum, however, bedh as to fim nnd jai' sentence, and whether piopcrly en- improperly, i: may have keep the federal punishment that induced the minimum verdict. At least, the verdict is the smallest that cculd have boon gIven. No Grounels For Suspension. "Considering the smallr.es cf the sentence, the character of the offense, the lirue amount of liquor involved and the t'.nancial returns Inter. ded. the knowledge of affairs and intelligence of the defendants, the fact as wcl! that this was not a plea cf guilty but a finding acuir.s: the defendants on their contention as tc the truth after trial; if aj against these? facts thert1 is anything edse in the case thai -u:'ht to le considered as elements propersre commending such suspension of aer.tence, I have been unable to d.scovcr thcra."

EVENING SCHOOL OPENS ON JAN. 3

Many Subjects Included in Courses Offered During Second Term. Th" second term cf the publi : e-v-ning v-hocl will open Monda" evening. Jar.. at the smith IHnd High fv?hool. and will continue each Monday and Thursiav evening un til Mar. i'3. TN. subjects t.ifercd at the high pcho.il building include penmanship. typewriting. bookk coping, stenography, busine-s Ensr- ' lish. advanced English. AmcreaniJ nation English, commercial arithmauc, geometry, algebra, spelling. So.ir.Ish. dictation, basketry, applied deislgn. commercial- advertising, forge, punting, oh-ctricity, auto reP.'iir, .r.'tchir.e shop, pattern making. shop matbeiratles. phvsirs. n.J'itneiy, eooking and sewln-r. blue print reading, mechanical drawing, architectural orawing. vocatlona. chemistry, a cuirro in mc:i!s and table service and toy making. May Form Morv C'lacs. Short courses will also be offered at tho Muo-l, Studebaker and L,afiyette schools. n Monday and 'ihursday evenings the Oliver chml will have classes in Americanization English and millineiy; the Elder school wil! teneh sewing and millinery and the Laurel and K-ab-y schools Americanization English. Docncstlc science, ex-win;:, millinery, printing, wood working and Americanization English will be taught at the Washington school on Mondav and Thursday evenings. Cl'.sses will h formed in subjects where there are applications from 15 or more students. Further Information ir;iy be gained from the board e.f directors, which consists of o. Osborn. director; (J. I. Weber and Miss Ada Hilller, assistant directors. MINERS AGREE TO PARLEY TO ADJUST WAGES Anthracite Workers Will IS'ot Drop Demand For Increase, Says Head. (e'QNTINriEP FROM PA G EG N E. ) stand ready to .agree upon a constitutive remedy." "We take this to mean Individual e-Iasses and rather indefinite as p what interpretation." said the statement i-sued by tho general -seal committee. The committee's statement denied that they "liae tre-ate.l lightly" the award of tho United States anthracite coal committee. "We concede nothing and have not dropped any of our demands," asserted Chairm.in Kennedy. "We interpret the operators' reply as leaving the way oion for the consideration of further wage increases and inequalities. Negotiations to this end will be started at onc-." H' declared that there would b" no stoppage of Aork and that no threat or ultimatum would be used against the operators, no matter what the final outcome of the negotiations. Agree to Policy. C. J. Golden of Samedtin. Pa., piesident of the United Mir.e Workers organization In district nine, ami lehn Collins of erantcn. Pa., president of district one, loth declared that they would abide by the committee's policy 'and expected satisfactory adjustment of their grievancex." (iolden, in whoso district there. ha.s been considerable unrest beeviuso of the failure of the operators to grant additional increases, e-xpre-sseel confidence that hU men would remain at work and fulfill tho union agreement. Stockholders Sue on Claim Railroad Was Sold Through Fraud Hy Assmiated Press: DLNVLH. Cob. Dec. 2S. Charging that the judgment agidnst the Denver and Hlo Grande railroad company on which the sale of tho road to a trio of New York men was based, was obtained as a result of unlawful conspiracy and collusion, a number of stockholders in the Dener and Itio Grande railroad company have begun further court proceedings to prevent confirmation ef the sale, accoreling to announcement by the clerk of the United States district court here. The complainants, who claim to be owners of S3 5 shares of preferred strck ef the company, ask that the collection e.f the judgment of $36,-OOO.O-öO against the railroad company in favor of the Fquitaale Trust romp try of New York, be prohibited and the sale not allowed. PLAN FOX HÖHT IN 3 COUNTIES Launch Drive Next Week Round Up Foxe? in This Section. to Si'evlal to New -Times : LA PORT FT, Ind.. Dec. 2 5. A drive to rid this part of the suite1 of foxes will be start.il by hundreds of farmers of Laporte, St- Joseph and Elkhart counties: early next week, according to inform ition received fiom one of the prominent fariaers of thie county. Several packs cf dogs will aid the hunters in tracing the foxes and the hunt will extend from, the Kankakee liver to tho borders of Lake Michigan. The Large amount of damai" caused by tho fox this year hs prompted the farmers to take immediate action. Not only has tho f-x been the cause- of alnust exterminating tho rabbits in this part of the state, but they hare also vlsite1. many poultry farms, according to the reports of the farrnr& Farmers alao claim that there aro more fox in Lupcrte county this year than at any priod in re-cent years. Try NEWS-TIMES Wan Ads

RRITISH FIRM BACKS DOJT'K JK PURCHASE; RAISE SHIP'S PRICE

MANIIA. P. I.. Dec. 2. Two former German ships seized during the war are offered for sale here by the Fr.Ited States shippi:;; board. The Fteamer Quinnebauir, whle'i was chartered to the Philippin' government for some time, was turned back to the shirpir.g board , and Is now at Hong Kong, where a British firm contracted to burcha-j I her for $120.000. After Inspection, t however, in dry dock at Ilong Kong, j the firm deeitled extensive repairs j would be required to make the ves sel serviceable and refused to accept the ship. J. F. Morias, shipping board representative in Manila, inspected the Quinnehaug at Hong Kong and estimated that repairs ar.d cost of maintenance for the las; three months would amount to JCOO'"'. The Quinn?baug has now ben offereJ for pale at $149,000 by th shipping board. The Midge, another former German ship which was chartered to tli-. Philippine government, is offered tor sab at $100.000 and it Is understood the local government lias an option on tho vessel at the figure. ITALY GRANTS PARLEY PLEA OF CITY HEAD Mayor and Director of Defense Hold Conference With Gen. Ferrario. (CONTINFKD FIUM PAGE ONE.) They objected to the manner of the legionnaires who. they said, treviV d Fiume as .t cor.qi e.red city and trave the Chilians no recognition. They disliKod IVAnnunzio'.s militarization of civilian employes also. Most of the destruction thus far has been caused by the legionnaires-, they said. The poet's force was accused ef mining many buildings 'as well as streets and bridges. Consider!! Tniltors The government prepared for harsh punishment of D'Annunzio's assistants. Fifteen years imprisonment "trahorx" will be meted emt to the poet's followers. Premier Giojlitti declared. Glolittl informed a j parliamentary" commission that Gen. j Cavigila has issued a manifesto demanding capitulation without fur'tlur opposition. He announced that the Itapallo treaty which settled the Adriatic boundaries was a national necessity and that those opposing it must be considered traitors. Rose Poly Fraternity House Destroyed By Fire v Associated Press: TEltIU: IIAUTF, Ind., Dec. 2S. The chapter he use of the Kose Poly Theta XI fraternity was burned early Tuesday by fire of undetermined origin. Walter Hoyel of Sullivan, Ind., the only member remaining in the house during t.'C holidays, escaped in his pa'amas by way of a preh root". Mri. Alice Heine, housekeeper, was respited uninjured. The loss is about $8,000 on house and fixtures. Judge Denounces AntiFraternity Legislation Uy AssiH-hited Press: ST. LOUIS. Mo., Dec. 2S. Legislation inimical to college fraternities was denounced by Federal Judge Arthur J. Tuttle of Detroit, in an address before the convention of the Sigma Alpha Fpsilon fra- ! ternity, in session here. He speci fied the University of Mississippi as one which has prohibited its studenta from membership in fraternities. JAPAK'S GAIN IK POPULATION SLUMPS TOKIO, Dec. 2S. Japan's population during 1919 was Increased by only 200,000 as against a usual rate of 623,000, according to an olficial report of the recent census. During 1919 births numbered 1,82?, 4SI and deaths 1,513.68 7. the net gain, therefore, being 305,794. Reduced num1 bor of marriages in consequence? of higher cost cf living is eine reason given by the- authorities fer the slump. But it is probable that the principal caue was an abnormally havy infant mortality elue to the inhuer.za epidemic. The elivorc? rate in 191K is unofficially returned at Uli per thousand marriages. This compares with a German divorce rate of 21.6 which is the highest in Lhirope. Elks to Hold ''Open House At Temple Now Years Eve General open-house will be observed at the Elks' Tern fie fn NewYears day for Klks and tneii fr'.ends. Stelnrick's orchestra of Elkhart will play ut. a dancing party for the children in the afternoon and again hi the ever.irg for the ' grown-ups." City Made Defendant in Suit of Charles Weidler Charles Weidler filed suit against the city of South Bend In circuit court Tuesday, appealing from the decision of the park board, which has asrsi-ssod improve-ment taxes or. certain porticms of real estate owned by the plaintiff. Weidler allerein his complaint that the park board on M.irch 19, 1920, opened JIhgh st. from Du bail av. to Dayton st. and that the lots assessed ar; situated so that they will not benefit by the ne-w fitreet. Hi.s remonstrances before the park board meetings were overruled, and now he askes the court to set a-ide all tha assesirnents of benefit against the real i state in question. THKLAN IS IIFI1SFI) NILES, Mich.. Dec. 2S John The!an, alias Waller Molum. accused of ras-sing bogui checks for $128 on William Rice of this city and arrested In Aurora, 111., under the name of John Yv Baron, has been released from custody. Rice refused to prosecute tho case.

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CEMENT MAKERS IN "TRUST," IS CHARGE

Hoisting Association Promire. Dissolution to ew York Committee. .Hearing of Indicted Baseball Players Kcar ' by As -;a.'d pres : NEW YOKE. Ibc. L - C' small fraction of th -em-r t a ind terra cotta mar.vfacturr.s of America exchange their price ;uotaior.s and other data or. the amount of business handled thrc-jrh nation'1.! and regional associations, it d.-v el oped lie Tu . so. ay it t o- b-gi -Native -d h.uHmg i.Tjuiry Jut i ih-- a): Wliile th -"e l -vt laiior. accumulated op. top .f similar ons recently brought forth in the investigation of ether construction lira s, cn. more organization of buiKliivr contractors the. hoistinc asocia.tion announced it had dfolxed. The numbers to have "unrestricted, open con petition" in the future. Had Prlev Sjstcm. The medium through whirh tho terra Cotta makers i-i wed data on the business of all their competitors was t Jit National Terra Cotta siH-iety, its former president, Willi am 11. Powell, told the e ommitteo. lb vplained an "open price system" of cards was i.ssu-d. with earh him decorated by "code letters." This was done daiH In detail among regional branches of the society in the ea:t, west and central sections of ther country-. General data was exchanged between the svetions weekly. U. S. OUTSTRIPS BRITISH SHIPPIKG IK PHILIPPIKES MANIIV. P. I.. Dec. 2S. The feature of the eieve-iopment of the foreign trade of the Philippine Islands for the month ef Sc-p; inber was th' gain made? by American shipping ever that of the Hritish in the e arryIng trade to and from the inlands. Vessels of American registry plying in I'hilippme waters carried imports; and exports of the islands, the value of which was f 'J, 0.17,000, and British ships carried goods worth $0,045.000 as against $0, "0 0.000 for American ? 7.270,000 for British vessels for the same month last year. The total foreign trade of the Philippine Islands during September amounted to $21.70Os00O, ;l gain of ? 4,000 over tho trade of September 1910. WATCHES DELIGHT IKDIAK PRIKCESS GENEVA, Dec. 2S. The Keeum (princess) of Bhopal, India, who bought 4,000 silver watches to take back to her people in the central Indian state when she visited Switzerland in 1911, has just sent for another lot of 2.500 timepieces. She wants her subjects to be punctual and not rely on the sun for the time of day. Soviet Refuses to Let Americans Leave Russia Pr Asselateri Press: WASHINGTON, Dec. 2S. An unexplained refusal of the bolshevik authorities to permit them to proceed, caused a few Americans who had almost succeeded In having soviet Ituwsia to bo returned to Petrograd, according to advices received Tue.Iay at the state department from Baltic sources. Reports to the department earlier in the day were that the Americans and several physicians of British and other nationalities had been permitted to move toward the frontier with tho object of having the country. Approximately 100 American? were still being detained in Russia. according to state department estimates. Catch Alleged Murderer After Four Year Search SACRAMKNTO, Calif.. Dee. Frank Holmes Sain, 2, a mining engineer, was arrested here Tuesday on the charge of killing William S. Crabtree, also a mining er.cineer . in Jenkins. Kv.. May 7. ! 191C. Sain said that he was glad his long term of wandering is ove -, according to the police. He will waive extradition, the police rtated. adding that he contended he killed Crahtreo in self-defense. Masked Robbers Hold Up Train at Kankakee, III. Ev Aeel.'tb'd Prss: "KANKAKEE. 111.. T Iv-Two masked men hoard d .tn E'inol Central train from New Orb-ans at Gillman. HI.. Tuesday nigh:, and robbed a number of sleeping ear passvr.gcrs hef-ire the train p"!,o! here. The- valu ot .n. (-1 talne-1 is no k n Highest s5-90

' III.!. HI. I W IfiMWil'IMWl I H'f ' I lM 111''' ' 1 i i;i.l-ia.t..:ii'-'.it:f- ihi'Jiii'iifc. ' ! -k ;.j 'ii' i m Liqfa y ft 12 i

PROBE REPORTS OF JAPANESE CRUELTY

Official- From Tokio Invc-ti-jiatt; Charges Made By Missionaries. TeKIO. D 2. A .Tap.ir'M military mission he add hy Co:. Mir.üT.o, formerly of th Japan.embassy at Washington, ha. t re:. s -nt to Ch'.ar.tao to investigate the chinr-s that :h. Japanese soldiers have Pti guilty of crueltv In their measures aca'.r.?! Korean outbiw in Chines.? territory. S-tIous chargeha been made against tho Japanese forces, principally hy Arntricar and nr-.s'lMi mKMon irle . Thc: include arcusat'.or.s of th burr.lnr cf seven -hurchc. five Hchoo'.- and a large number of hen--., ar.d C the ind. . rir. ir.atc- f'.'iughter f villagers. Telegrams to rh- J.ip.!nse r."w papers report th formation of a n w- Korean a.ocl.it-.oii which s,iid to be tr.aking retr.arkab! dv. lopii-if-iit under the guidance cf th Japanese auth.critie. ThTokio Asahi reports th it er. ar.MChristlan moveroer.t Ins now ovr 4 1" . o o 0 membeTf-, all of whm ar pro-Japnr.r-Pt?. and another dispitrh states that the foreign missionaries an trying hard to regain th Influence which they have lest ar..i with this in view they nro reportir.r to every mean to impart th!" spirit of Ir bpendar.ee to th Koreans. This news does not harmonize with the reports of American missionaries concerning the Fltuat'on. Welsh Gets Technical K. O. 'in Come-Back Fight S; Kial t News-Tiu-e : Newark. N. J.. Dec. 2$. FTedrtlr Welsh, who r tired after losing the world's lightweight boxing chaJllpior.ship to P.enr.io Ir-onard In 1?17. returned to the ring Tuesday and .cureu a technical knockout over Willi Green c f Posten after four rounds of a twelvo round match. e:r--n refused to respond to tho hell for the fifth round, claiming he hnl Ir.ured his shoulder. The former title holder showed only flashes o his end time form. Republican Committee Meets at Capital Today P. V As bated Press: INDIANAPOLIS. I"W. 2. Tito republican state committee, meethere Wednesday, will lay plar.s. for the coming city ejections throughout the state, discuss means for promoting party harmony In the legislature and consider Indiana.'part In th inauguration of Sen. Harding as president next March. The rart looking toward the municipal eleetlons will center about tin- meeting date or republican com-mitt'-e; to r i'-rt city chairmen and other officials, who will direct the campaign locally. Thes, organization meetings usually aiv hell lit' in January. Bank President Given Four Years For Theft P.y A.mn l.ded I're-s: " P.A 1 1 it 11. Vt.. Deo. 2 . A se-!. tence (if four to seven years at bar 1 labor in state prison was Imposed Tuesday on Frank G. Howland. president' rf the Barre Saving--Bank and Trust company, after h had ob-aded guilty to embezzlement cf the bank's funds. The charge on which lie was arreted net hi thefts nt J23.9S0, but when Howland ohjected to an item of S 10,300 hiadmission of guilt was accepted on the four other counts aggregating 51", 10. County Authorized to Hold Pardoned Mexicans ! Bv As' "-luted Preset SANTA KK. N. M.t D-e. IS. Pardons granted by Gov. L'tr.i.tolo to 10 Yi Hist as serving terms In th" i state penitentiary f.r thejr partici pation in a raid c:i o'.ummis. .v. M., are v.tlid, the Kate snpre-ruq court ruled Tuesday, hat it likewise upheld th.- action of Luna county officials in n at resting the men I efcre they had been i-le:ised. The Mexicans will b kept at the state prison p-raiin-r trial on n--charges of murder in conne-ctlu.u with the raid. Committee on McCray Inaugural Meets Today lly Associated Pre?.-: INDIANAPOLIS. Ind. I ' 2. Final plans f.-r the inaugur.t:n of Wairet T. Md;:iy u-i governor ef Indiana oa Jan. 10 wi.l bo made here Wednesday by a ca m: e act inj? fur Gov. Goodrich. Th-. ormo: 1 -s art' exp.-cted to mhody tlie c.r.iphclty of former years. Tlie Indiana so--I-ty i f Iblcago will strul a d.ebg.itioa to th-- c cremt -r. I -s. us well Kent: and, Mr. McCray's home town. The ."hicag cori.ndtte-e is head-d hy Charles W. MfGuirc. A d'.nmr at the CoiumbL. lub r.fte r th- inauguration will be ore- e.f tho f.-atur-c. ST. Price