South Bend News-Times, Volume 39, Number 136, South Bend, St. Joseph County, 16 May 1922 — Page 1

UTH BEND NEW TIMES Monday s Circulation 19,272 Morning Edition VOL. XXXIX. NO. 136 SOUTH BEND, INDIANA. TUESDAY, MAY 16, 1922 PRICE THREE CENTS nro it T T

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A. J U-LL-U-AJJw-LL-Li. ,A J

CITY'S LEADERS! DISCUSS FLANS'

FOR EXPANSION: Mayor Scrbirt and Trrfz Are ; Principal Speakers at Grt1 onci tlirr Mcc tin::, i POINTS OTT PROBLEMS Mayor Prai? Chamlier of Commercr and Other for Support in Mownicnt. A g t h r ; p g of i -i ' i i .'.-.; ,!t'-r-.'l:r.r a u- -f - !: . -, g i by t n' t ' i , i M i : : . -ht a: tii" . ' . i . I . r g I t i . ; . w I. Ii .-lilt of !:.:t M.-ridaV . i. i ii ; r an u rcb-r- ? 1 f . T t : ; prnblen of re .ili! ; - 1 by Mayor and IMv;ii"l F. Tf-fz. ted civic orator of 'hicago. The -esi?y of th" ienpie of this city opepaMrg with the administration v. .is s? re-.-ed 1 y Ward I. M.u k presided at the ii vlnn. Mayor f--1-irt, in evening his talk, praised th 'hambef of rommf-rc1 organization, tr lllr.s: of the reception civn hira ly that body three .'!nys äff'-r h:s inauguration and Vi1.! maintaining its support. In pointing out th expenditures v h'.rh will e entuallj" he made nfC".-piry with the expected growth of the city. Mayor S- b.rt said. "As I seated before nf ring office, it is of the u'rii'V importance that th city hav :n nl. paatf watr d pply .y.tf ni for firo protection. In th u t i art of thr city wt pl in upon f-Fta h!ihinT a power plant which will b adequate for s-up-plying n iter throughout the confine of the city limits. in River I"nr' we are now expending money la the vapt territory north of Mi.-h-awaka a v. in lay ire: birr trunk hev.rrc ar.d hitnllar sewers will h X-iaced in .the ws' an 1 northwest rection. of the city nxt year. wl f .Money a IVohK-ni. "The need nf money h-i the hi problem in makirir other Improvement.jrreatly dr-.-i'rel by the city. A new police and fire alarm system f protection, which will oost from j..i.onn to $,.-,.")" w:;i e estaMI.hed In this city next year, which I regard of utmost importance. "The mo vine of the Grand Trunk irks from Division ft. is at this time rnore nee-s-a ry than ever. No ineill'.pent plan for keeping een lontinud on pa ? two.) SCREEN STAR FACES CHARGE OF BIGAMY Marriage of Rudolph aicntino, Refore Final Divorce Deere-. Held Criminal. los an;j:m:s. Miy i. The marriage of Rudolph Valentino, screen star. and M- Winifred lluddnut. motion picture director. hi ch n a Mex . la.-' so.enin. itur-I iv. ed at Mexic.ili. ' i- void in Caii-J room has made , ;:,i;r..i pi oscu- ; fi rr.i.i an 1 the !,: :.; hi:nelf sL.Pj- et t . t;-."-n, accord, ng to perior court lo i" This c o n n that th In.:- r! .rid Of the Ulue to the fart v decree of dit -rcrp 'a ie r-. : r . Acker?, his P.rt ttained from Jean :fe, on June li"1. l'-l. will not be,-, -me n-ial until text .I.uiti iry. In :he meantime. a cording to the ju Ices. V.ilentin- ! r-rill married t M.ss A'-kers. Judge J. W. Summerf'e'.d. o; the i-rc court, s-aid that the entry of j i Interlocutory de,-;-ee of divorce j as nth;r.g more tliin an cider f, me cour; t i:. r: : :i , ri ,- rnfe-rf.' err irb d ha 1 tl-.e pKirt:.- W-"lb! h or ce aft' r a. vc.i i to a ip-e,. If f h- y arte within t h t : anot lie: :d. n, arr: ii;e i t,o roB.i't ' a Ava ', Z a ? : : . I r-1 j u : r v a 'a'. 't-y studio:. i-j enp'oye 1. n t i nf. r m a t i o n that three -wekhe was, , of (own t o ! CNr3T l'ATAL i ACT

i:VANSVILLF. Ind.. May i'. declarations of s.nrerity and high Ir-.-'ui-s receive,! when -he wAs.purposo on both sides Throughout iu;ht NT.eath .'ci oV rturne.i aute- the opening session the dominant r.:-;iie Surot.av rh.- French Lick 1 note was one of calm confidence b'ghway. . ma" ti l- city . Monday ; over the outcome. Diplomatic rep- - ,i.F-d the .b-arh of r- i .? tboth rser.tati e of great and small govi'e'!irr;s. ngd ': .rrnnienfs and many high cfrlcials td t . . rr-r-r: . i . h e T'nite.j St a t c s wer witnees to

THE NEWS-TIMES W ait Ads and Classified Display produce results That's T.rr.f-s why Tr. ch rries N e w s - more "want ads" ach wf 'k other S r. e w p a p e r . tvn dayr than any )-:h per: 1 More Ads More Inches More Circulation

State w;"s Poi'nt in Opening Skirmish in Gov. Small Trial

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Juilr Edward Hilles Private Rrrord. Krpt During Term of Treasurer Fred Sterling, WVrc A'lmi-r-aiilf as Evidence

Attempt to Prove in Vv A iat-I Pre. I U'AIIKKGAN. III.. May IT.. The ! .rat wf.n the opening skirmish on ! Monday in th trial of fJnv. Small. I harged with conspiracy to embezzle hen judge naire Kuards ruld. over the f(jection3 of the defence, that private records kqt during the term of Fred K. St'-rlim? a -.täte treasurer, could be admitted in evidence. C, Iyforgee, chief of counsel for the envnor, fouuht to bar the record book, n "tickler" or dally: ash balance sliest from evidence and challenged the riclit of H. O. b;i'la'. a-itant tate treasurer and uitc- ffr the state, to t?tify a : it( um appearing in it. It wa brought .fat that the bork was considered in the treasurer'.1 offjee as the nerona! proprrty of th treasurer and that it wa. the practice to turn it over to that official, alonp with certain other records, when he retirM. The Ftate developed that a number of books and records for which they called had been turned over to Gov. Small when he rtired from the treasurer' office in lfir. "Safe rund" Trarwirtion-i. Through the "tickler." K.lward Tree, of the prosecution, told the court the state would perk to show that the CJrant Park bank, to which it is alleged the governor and Mr. Sterling IoanM sums totalllnc J20,rioo.noo was ."synonymous with a "pafe fund" carried on. the treasurer'? hooks. The state alleges that the Grant Park bank did not cxit. ' Mr. Ijiiehrs testified that when a draft wa. drawn on the treasurer' office payable to the Grant Park bank, the o-called "safe fund" was increased a corresponding amount, and when the draft was repaid :o the treasury the "safe fund" decreased. All other F'ate funds carried on the books under the title oz "vault fund"" wer loaned to .ome 2."0 other banks, he caid. The witness stated that interest statements: were mailed to the.e other hanks each month with a request for a remittance hut that so far as he knew no uch statements were sent to the Grant Park bank. He also said that the collateral pledced by the other banks a.s security for the state funds wai kept In the treasurer's office, but that he never saw collateral representing the deposits in the Grant Park bank and that Gov. Small told him th;t the certificates nf deposit for the afe fund were kept in 'hicacro. PATTERSON CHILDREN DIVIDE $6,800,000 PAYTON. (.. May 10. The will of John P. Patterson, founder of the National Cash Register Co., filed for probate Monday," loaves an estate estimated at Jfi.SOO.Ofin to his two children. Frederick P. Patterson and porothy Patterson Judah. who are named joint executors. According to the document the estate consists of r0.000 shares of common stock of th National Cash R cister Co.. the par value of which i- $:.onntonn; 19.250 shares of preferred stock of the wmc company, alued ai 1.2r0.O00. Liberty bonds valued at 2.r.0.000. and real ertaf ' h" - at Lte't.ö'IO.

Hughes Opens A rbitration Conference To Settle Chilean-Peruvian Problem

ir-Year-01d Controversy Over Taena-Ariea Started Toward Peaceable Settlement. l!y Ao-eriited I'rer WASilLW.T N, Mav 1 In a 1 new environment of peace and coni , ciüation and under the friendly ausof the l nited Mates govfrnChile and Peru resumed nenient. otiations Monday for settlement ot heir 4". year old controversy over Tacra-Africa. Cha ractcriztxl by Sec'y Hughes as a "harhtneer cf a better day ar.d h lasting peace upon this hemisphere. " the conferance Pecan with fcrnml j The in.prf.:ve preitid o the Peru n-.ft feet their de. c.attoT o: i ti' a. . i further per separately to 'organization and to arrange for the!; ' first Joint session ! private committee tomorrowroom. It in a i s a : 'tomorrow's meeting that the ret wi rk is expected to begin. Allies: a spokesman of Prest jHanl:rr. on xvhose Invit.ation the J dec.at in came here. Sec'y Hughes tailed the cpenipg session to crd-r a few minutes pa.t r.on an! leliv--rel a hört addre-s of welcome. I.u.s Izquierdo responded for Chile, declaring hH government welcomed I Vi a Anrirturlli' trt M o lr a n n Air i - ii ''I , a i tu;,i.j ittanr n hi n a w - .... . . i pc.pt r.ere settlement or tne oia controversy and Meliton Pcrr.as. j -praklr.s: for Peru. pdced full co- : '. pt-ration by h:s delegation for a j ist settlement. DROPS DEAD ON WAY TO GET MARRIAGE LICENSE PORT WAVNL. Ind.. May 15. Margaret Opdvake, 24. Iropped dead in the court hou Mond.y after noon -while on ht-r way with Rugene Counsellor to gel a marriage Ixense. Her fiance Mid ph had been euf-

Conspiracy CIki

arse. COURT HOLDS PART OF FUTURE TRADING ACT UNENFORCEABLE Declares Federal Act Infringes' on Police Powers of Individual States. WASHINGTON, May 1 S. Section four of the future trading act and fhcse part.'i of the act wh'ch are regulations affected by the so-called tax Imposed by that section Monday were held unenforcah'e liy the supreme court in an opinion delivered by Chief Justice Taft to which Justice Prandies dissented. The ser-tion was held unenforceable because it was not a valid exercise of the taxinc power of the fed eral firovernment in that It attempt- ; ed to regulate transaction over j whioh the federal government had nc constitutional control and was ani Invasion of the police power of the : state. j Section four imposed a tax of 20 j cents a bu hel upon future trade In Krain when made on exchanges, not 1 designated a "contract markAs" j subject to federal control or when ' not Tnade by actual owners of the j grain or by the owners of the renters of land on which the praln Is to ; be prro--n. Whlie the decision stated that a number of the .sections of the act i were valid, fn. Capper, republican, j Kansas, one of its authors, declared ' th.'it the decision "practically des-j troyed the effectiveness of the act." j The purpose of the statute was primarily to regulate fifTure trndinc in crain so as to compel! the larger exchanges to admit to the tne-mbership co-operative farmers' organizations. The court found, however, that there were sections which must bp held valid such as section nine, thorizing Investigations by the secretary of agriculture and publication of the result. , Section three also was declared valid. It Imposed a tax of 2f cents ' a bushel on transactions. The provisions of sections- 7 and 10 and other parts of the act defining the method of collrntlnc the trxx under flection three, with penalties for ervadlng it and limitations upon it application will stand, the chief Justice stated. The sdit "was brought by John Hill. Jr.. and other member of the Chicago board of trad? to prevent that exchange from complying with the act. PITTSBURG THEATER ROOF CRASH HURTS 16 PITTSBURG, the roof of the May 10. Part of Majestic theater, a moving picture house, collapsed late Monday and 10 persons were hurt., Les than a hundred persons were; in the building at the tinw Four of the ln''n-rr" were taken to hospital-. WASHINGTON TRIES DAYLIGHT SAYING

, smooth road is not necessarily easy " j and thi.s is the case of th road In n ., e f v I -i the G'od Will Contest. There are Loiiprc-S. l eartlll Ot Wratll Ot:4 obstacles on the local road in th Farmers. Has Nothing to l Hs of -4 Plr!s against every cn-. r W 1 I1 1 winning girl or woman will h IO Itll 1 lau. Jthe one who succeeds in surmountling the two dozen feminine obstacles

w ASIII.MiTO.N. .May asn ington Monday tried out the plan of i saving daylight by getting up ami golrc to work an hour earlier With - , ' out advancing the d.-ck and found j uiaw ,..:;;,.,. u. i eu. ;.ot.s. , it wcrKeii rctty wfii. Tb.ere was some confusion, but no', on the scale that was fear d in some quarter after Pre-'t Harding's request order went out to cx'-otfMv. rje. partmentsjo start work at irstcd of ? o'clock. Some per-ons n.i-srd suturian tram-, w n:cn ran an nur earlier, and nnr.y w ere und-': 1 d wlietlvr to ,at Iura h at ll or 12 ti'oloi k. S oil- ch;l lr n -bj-cted to be hurried off to school at V o'c'o,and R p. Tree republican. California, the father f two yets of twin-'. introdiP 'd a hull in the house to make 1 mi .-d meaner for th-.- boar.1 of edncatl-m or other authorities to p.: iki children under 14 attend sr-hooi In the Iistrict of lumte. . I ".-fore ? o'clock eiMcrr. t.r.'.e Pres't Hardinir and members rt the cabinet followed the r.ew schedule and will i'o so in holding the smi-werkly cabinet ma ting tomorrow at in m-Tena oi li o chck. . Congress, apparently still fearful of j the wrath of the farmers, as shown ; when

nation-wide dayi:ght-faving j P- votes you can amass, me nei-pa.-fd s-vt rai years ago. j ter your chances of victory. Re-

a act was would h '. r.othinc to do with the ! act. and the supreme court lc!de," to uphold the pre edent of meeting at high noon, as establish 1 hr. I that auust tribunal r.rst convened more than a century and a quarter ago. LINEMAN" i:i.r.CTitociTi:p. i MUNCIK. Ind.. May 15 Homer r.Utle.lg. 4R. lineman mpoyel by the Central Union Telephoncomrany, was electrocuted Monday afternoon Tvhll working- on a line

OFFICIALLY OPEN CONTEST TO WIN

-STRIP TO FRANCE

Twenty-Five Candidate? Entlmia$tir After First Day of Voting Period. ORIGINALITY DISPLAYED G.irl ...i w,,,. ucourcefi in Securing Votes Hardest Part of Race Over. STANDING OF ENTRANTS IN GOOD WILL CONTEST Mrs. L. A. S. Wood !10 Miss Uclfn Gregory 110 Mrs. Vera Schamel 100 Miss Hazel G. Harris 100 Miss Margaret McKnight. . 100 Miss Louise Contate 100 Miss Jo.-ephine Decker ... 100 Miss Jessica Doyle 100 Miss Mary MacKibbin 100 Miss Petty Weber 100 Miss Irene Goffeney 100 Mis.i Ursula Perley 100 Miss Dora C. Williams ... 100 Miss Anna Kaminski 100 Miss Isabel Chamberlain.. 10) Miss Thadessa Taylor 100 Miss Theresa Salinger ... 100 Mis.s Louise Studehaker. . . 100 Mrs. Corwin P. Hartwick.. 100 Mrs. Lucille Varier 100 Miss Agnes Roloff 100 Miss Virginia Pyers 100 Mis.s Dorothy Cooklngham 100 Miss Esther R. Greiner 100 Miss Dorothy Crabb 100 TOTAL 2,520 With prospects of a free trip tc France to spur them on. 25 candidates in South Pend'.s Good Will Contest yesterday began individual campaigns to attain a ceveted honor that of representing South Pend on a delegation of 90 girls and women which wil ail In the late summer for a personally conducted tour of Krance. Th delegation will consist of a

au-lgirl from each of 90 cities who haa

been elected in a Good Will Contest .-imilar to that of South Rend. Thesv contests are neing neia oy tne iocai . . . . ... . . I committees and newspapers under the. ausplco of the Anu-Tican Comimittee for Devastated France. In South Bend the local committee headed by Bishop John Hazen White and the medium is The News-Times. Kveryonc is familiar with the American Committe for Devastated France. Fveryone has heard of th1? humanitarian work in the devastated regions of France. Kveryone realizes how the American Committee is helping a stricken country to help itself. The Good Will. Con te.t are being held for the purpose of raising sufll ci'-nt fund to further this work. Votes are sold at the rate of 10 cents ach. The money will go to aid the work of the Committee and the girl for whom the hlchest number of i votes i: old will hn elected a ren.on.Mv nf hfl ritv l"irt Voting Day. South Bend's flrstvvotlng day was yesterdav. This is another dav and i the contest now is ottieially on. i andidatcs, the first day of voting has closer! fnr you, the hardest part , of your individual campaigns. The first day of the voting period In every Good Will Flection looms up as a fearsome .pectre which proves In passing1 to be but a harmlos bogy. Your road from now until closing time will be smooth. But Ion't make the mistake of confusing smoothness with eas-4. A tin her tia t h -h f . th, . h t Mn ( of to j are tf)f Rrpat ,n R rar, of j i.i , . 1 1 is iype ar w ron. it is not a i . pf dIfferfnt ods on pvrr. entrant.' y v . woman candidate In has entered at the same odds. . t 1. And the victor will, b- a w inner on a '2 4 to 1 shot. wi. is no. nor-e rHce uu. a straight advice coming from th' '.on, win i.anor. i wepiy-in e cir. ard women of this city and vicinity i are striving for a cr.erishe.i goa. that of reprf S'-ntir.g South I nd on n t"ur which will tak- m eyerv- po:nt f France rful tr. at Knowing what a wona in store for ome cirl r wo i in of this city the Good Wilt ITditor :s going to be a Ht.nct ta K" master during the davs of the voting I'eriod. The winner will be the on" who ge;. th hiizhe! numUr o! vots Therefore, the Good Wi?. I'ditor ha but one thine to say to h ! t'ock. Get Votes! Mental Uu-Iid Pa-kct. Votes! Little Ftubs in your bab Of the smallest sired coin in Uncle Aril's exchequer. The greater the memhf r the Goon will manors re- j cent sucgest'.on aoout ine n"n; u (Continued on r'ce two.) tiii: wEAinr.R. Indiana: Pometrtiat unsettled Tumdar; pe!hlT local nhowr Tudj rd Wpdnf-P'luy : not mu?h ctitnge in tr niprstur Isomer Mlrhlcant Sftrnwhil nn'ffle,l Tii'-fdsT : pr"iMr local howrr ia feutb pertlni: Wfdrenl.nj ger,rllT fnir: r.ot nuh char.g ia temperature.

After War Grafters

i : - -hv--Vv . . . : m. -. . ' ; ' V:'

HARRY M. DAUGHERTY Following the repeated declarations by Atty. (Jen. Dauglierty that th Department of Justice was without funds to prosecute the many cases of graft arising out of war time contracts with the srovernment. the house yesterday parsed a bill earning an appropriation of $.00,000 to enable the department to bring to Justice those -who had illeally profited under war contract.", ine dim aiso proviuea ior me esia nashing an ndditlonal grand j iry in the District of Columbia. HOUSE GRANTS HALF MILLION FUND FOR

I1I11UJJ1V1-. 1 Ulli 1 VlVlbrouirht l,v th.. Drevel Knrn!tiirp Co

PROBING WAR GRAFT Wav Cleared for Unrelenting Prosecution of Grafters hv 0 Attorney General. WASHINGTON'. D. C. May 15. The house cleared the roaW Monday for what some members ders?ribed as "an unrelenting prosecution cf war grafters" when it put through the senate bill appropriating $000. 000 for Investigation and prosecution of war fraud cases by the department of lust ire- and nasvcH a n.nnt! .... - ...-w fi T ft i,i4HII nnnl I i . . : VM hihiii.u inni juiy m, the District of Columbia, before r which the attorney general may pre-! "t -venc, in his fight for in - tlictments Attorney (Jen. Daugherty hr.d re-uutfit-u ?iieMi ijt'n ii nun rne.is ures . Some men ' who think they have power In the nation today wM find tlioUKi Ivcc )-eliin,1 t li a 1,-irj " - i ,,,, r . .. f ... a result of the activity of Attv. Gen. r,n,,, , , . . r , Daugherty, declares Chairman Mad- , - ... den of thtf appropriations committee j Supporting the chairman In his pica. pep onnally. de.-ioorat. Texas, said' ; he wanted the government to "p-e the grafters in flesh ahd not in the imagination. "' whether they wero demo'.rats or republicans. Frgr Thonnigli t'loatiup "Hut before the r.et campaign. -asd Mr Connal'y. "I hope the derartment of ju-tice will get one man put him in a jail and exhibit him throughout the country, and rwr hi name write what he has done." Pep. livrn--, Term , ranking democrat on the appropriate ns -nmniiti" sr.id th tv.onry should be .tcd ; forthwith, addinir how ver. that the , bureau of investigation hid ben j riven $2.000.000 and that ' there was! no excus. for the situation ia which th1 department finds itself tol.ay." As jint author of the WoodruffJohnson resolution for the :nvesti-! gation. Pep. Woodruff, republican.' Michigan, told the houe that hisj vote for the appropriation m.eisur, "m no way affects my dete rmination to press for action tinder th" r solution." "The n-at-'rial iues!ion new", . added, "is why was not congress in April advised of the situation pet torth in the letter of the Attorney (iencral which he -juickly frjlowed the introduction f the WoodrufJohnon resolut:on." There was sharp debase . n both sales on th. fiUfticn. which close, , -f . a greemci.t. . p Qp FORTH npl 1T1C1 f,IJRTTI'rc ' ( i .'Lai iL.au vjij i-v li uo j a .-i 1 1 i . i . . D. J.. M.i.V 1 , Recommendations of the poetical , cbrctive? w h:ch organized Labor! ; should se-k in the congress ,Ana i ' ie,-:i-.n wt- .ut1in-d In a "nr.. c a- . ,,n;;ljn- iist r uted Monday by the m- rrrin 1-Vderaton of 1.a r to ps I 4 1 1 e ( 'j 1 , ; rgan;-ed

c.a'.s through the recently ; Pc-ed. Included Fred Ma der. pres-non-parti-ian i ar.an ign ! i,-ir.rf r.r the "hicasro Puildine

jcornmi'tee. Wi -arp,ers ar.d thel - 1 sy!np.athi7. rs should kep two arJina! principls ment fagl. and ln view, th- Etatejenumerated th s to opposition to very candidate who will not pledge himce.f to oppc. a-y I form of compuury labor law an'l I opposition to evry candidate "far any onic- wno wi,i not pKag iitnylt to oppos "court injunc:op.s and contempt proceedings .as a substitute for trisl by jury." FIVE LETTS CONDEMNED ON ESPIONAGE CHARGE RIGA. May IS. ( By the Associated Press.) Five Letts Monday were convicted of -pplonac and fer.tencei to death, and six others accused of spreading communist propaganda were given .sentences of 15 years In prison. It was charged that the convicted men. the chief cf -whom was known as the "Red General." regularly received money from Russian hoPhevlkl sources for ecret Information regarding ttxe Latvian axmy ad ucrv-

SUPREME COURT HOLDS U.S. CHILD LABOR LAW VOID

Attempt to Regulate State Affairs Through Taxins Power Decision Rasis. ALL JUSTICES CONCUR Government Will Dismiss Child La I or Bureau, Employing Aliout 30 People. WASiIINf;TX. May 1 ",. The child liboj- law was der-. i red unconstitutional Mor-. ay by the supreme court. Ihe law, e-r.ac'ed :n : w is intended to regulate eic.ploynient ot children in a, y m i:, rann-ry. work .-nop, iaciory ot in a n ut,n-tur:r.; establishment, under the ace of 14, or In any mine or quarry under 10 by imposing an exc:se of 10 percent on the annual profits of those employing such labor. It ,va.s attacked on the ground that it attempted to regulate an exclusively state function, in violation of the federal constitution and the i'Oth amendment, and was de-lined as a mere excise tax levica ry ennen s under its power ' of taxation. j The law wn.s attacked in the su preme court by three cases from Xorth Carolina appealed by the gov ernment. Two of these, the Atherton Mills and that bv John JGeorge ami others-, were dismissed on te-hnicalltif s. but the case J was found In r roper form atid It was in that that the law was dej dared invalid. The opinion was delivered by Chief Justice Taft with no dissent ; .i nnouneed. Official.s of the internal revenue .bureau deidinerl to discuss the de cision until they could read the full opinion but stand that the amount of money involve in taxes was .'mall ar.d that 'he child labor bureau, employing about 50 persons, would be dismissed. "Does the law impose a tax with only that incidental restraint and regulation which a tax must inevijtably involve." the rhief justice askt 3 ,i , , , It regulate by the use II. III.. FO-cald tax penalty. If it 1 ... - It is clearly an excise.. If It I were an excise on a commodity or ! ' " " n .l . J Ions of this court to infer solely '-.1 it a Vi o , , ' V" 1 1 r,1 n Hint tViA n rt I from ! intends a proliibltlon instead of a tax. Put this ac is no more. After ar.ahT.'.ng the principal features of tlie law and its operation, lie . , ... , , , A , , ' sad: "In the ;ght of features , , . . , ,. . ; of the act. a court must be blind not ,, , . . . , (l t"r Hill I in- t-j-irtiirn inii'r?- .... . ,. ... ill '; Willi ill Iii it.- llllllil 'ieI scribed." Declaring it the duty of the court to decline to reoognize or enforce laws of contrre- dealing with sub- , ijects not entrusted to congress but jleft by the law to the control of the (states, he sail that the court must i perform that duty, "even though it j require ns to refu.-v to crlve effect to 1 legislation dignl to promote the ! ! i rr b ecf cnod .''

Bandits Elude Posses A iter Failure To Holdup "Golden State Limited" CHICAGO POLICE 0n- ?f nM K:i,!-, and Anotlier Wounded SEIZE DYNAMITE

Quantity of Explosives Found in Home of One of Last W eek's Raid Victims. CHICAG'. May 1.".. A quantity of dynamite, fuses and percu. -on caps, believed by the police to have been the chief source of ' "''.' , . , , ... i oonii'S usea in nie noor ariarc I i - H ' v Ii t-rnTlrc.r !r Va lr!l'"rey rf t ft j ....... . jp.dicemen and the arrest of more :tnan ion union auersjast weeK. 'was found Mor.aav m the home oi ',l '"j.--" ine expiosiven. arrnrii;:; in ir.r I pol;re were foun 1 in the hom- ot .John Mli:er, owner erf the abandoned -v lutorncbile In wi-ph the bomber? ; i, chi.r m-i-i not rem en made their c . xti'Ter rt. imo," th antnmn. i wi- 'iri ,r, Atan fm h'm. I I I , t. M l U VI kvv t - ....... .t,f,rrt.vS fnr frf f-'i-iit !ahnr men J tra.i(.c rr ur.cilfl and "P:g Tim" Murphy, known as the city's "labor czar." appear-! :r court to nmanu .. ... . j j trials for tr.e;r c;ier,ts wno.o :rip.o cer.ee they protested. nepr'-ser.tstivf-s of th- ftare's at-ttr.rr-v r?:ie exrra wuiinzr.'ss to hrry tne ir:ai-. Tw o cor.f :"r,' one said to pe t from one oi tne aciuai Ma.wr the two policemen, ant tn second from a man thoucrat to be the driver! of the death car. ere in the hands cs the ponce .Mortua nicni. 1 identity of the men and full deaih? of the confessions were kept secret. The police declared. however, they had established the identity of .all the four men in the death car as well as that of the "men higher up" whom they Y ad ir.stirated tho slaying. TUIBLS CONSOLIDATE MUNCIE. Ind., May four IocaI tribe of the Impmved Order of Red Men were consolidated here Monday night with a membership of more than 1,500. making it the. largest Red ilea' lodge In the

Vviinut in Windpipe Causrs T h r c r Year Ohl Child's Death LA FAY FTTH. May l.V W-.;-ü'trn Finnegan. jr.. age three, of lhi City, die: Mor.. lay at St. Kliz.iheth's hnspit; a. the revolt of ü peanut Indein in the . h iM" windpij. The th. ree chil ii' :-. -f tlie Fir. n"gan fnr.iy were all eating peanut- Mond y for-noon when tie- mo'her n'j.. rvo I that the your.ee; chiM wa choir?. She called a physician an. 5 h.e chii'l wis taken to the l;---p:ta!. where he died an hour liter.

SOVIETS DEi ACCEPTANCE 0 F THEIR PROPOSAL Declare New Conference Will Fail Unless Mixed Commission Plan Is Adopted. Hy Aseri,i f'il Press. GK.VOA. Mav 1 . Ru w participate in the 1 v " ence at The H tgue to . di.-.-u-s the Russian question. M. Kako.'ky an nounced Monday night after a meet - ing of the Bolshevik delegates M. Kakovsky declared that in hi" judgment, whieh he said was a!-o the judgmer.t of his fellow delegates, unless the Russian idea of a real mi.f-d commission were adopted, instead of the double commission idea propo.-ed hv the powers. The Hague

1AND

conference was hound to prove as;'" h- -ecnied sterile .as th- Genoa conference. j tore if ilii'--

M. Ilak.v.-ky emphasized that the1 Soviet delegation had found unac-l centable the nronosition of the now-' m - r - ------ , ers whereby no treaties iuld be entered into with Hus-sia during the Hacue m-etintr. He said this would mean a disruption of the conference Obj't T Hi' llacuc. He wanted the entire world to! understand that communistic llussia , w'as heartily in favor of a permanent non-aggression pact by which nations; would mutuallv encatre to re -

spect fach other's territorial integ-j "give ' serious.-.atteiuicn to p.ny pnritv. Aft er ha ving disclose, that th . posals Issued from a Cr"r.oa orfer-

Russian delegations would iarticlpate in Th Hague conference, the Russian spokesman said his delegation ivould prefer that the conference he held in some other city. There were two reasons for this first. Holland. unlik Italv and som of the other powers, had com luded j no treaty with Russia nor even tridj to do so; and second, oommuniea-; tions between Moscow and Th" Hague wdll be ditlicult. He added emphatically: "We will inr.ist on ; some city other than The Hague." Tho cathering t hear whit M. Rakovsky had to say came somewhat near belnc: dramatic. The Ftussian kept the press orrrspond - ent-s waiting so long that they cr. ganlze! what some d-scribr- a- a soviet, others a plebecjte. voting that "journalistic solidarity and dignity require that thf- correspondents leave immediately. Sud'h'nly M. Rakoysky fame rlashIng up. He jmrsented hi excuses rami ' 1 Hi' UUiii pmi. He explained that the delav wui due to the fact that the Pus!an dee. (('ontin'.K-d on pace two. Tl'CSON. Ariz.. May 1 .'. Pandit

who, in true wild we.-t s.'ylt. a'te:npt-J of t1i- pi ed to hold up the Golden State L'.m-i Russia. " Ited r.f the Chicago. Ro k Island and In thPacific railroad nar h.eie ear'.y Mop-; j.arti'-:; v

lay. and who not rebuff when Harry Stewart, express n.'-s-f-rer, k ill" d one cf the eight robh. i and wound - rd another in a revolver light. Mop - i day night were being so;;glP by rossf. ftfict rs rxnressrd a belief -r-lief ' I tili. -0'-n l.f. 'Min- fr, r t,1 " J ""-"I. ll'-""-. in lii. tills city, to have j ...... . . . . . li I ii'iutiii ui iiü r taken two automobil. s a;n H(.ntinM Trie man j Thema.- O. j j , n,rri? a raR(.h,r livin? VJ, ! r r , '.V e v i Des-riiPg the holdup. IV.r.due'or t, ,r ,;r, .r : , .v,.. m, ! R. M. ser.ger Stewai-. who ha serv ice s- ' ra I years ar.d

'- -n in th" 1 r, :t '. w as plan - i anailing eye - i that

nir.g to retire because oi sight. K h.: p. gei shots with tr." ba r ( -o was ur.dr rr i I 'Ai I oji'-n i the door of th- yrsj tibu, of th car." M.adigan '-aid. "a I man fired four sho,ts a' tr.e. I was ; temporarily Minded y,y fragments of' flying g'.as-s. Thce was another re-1 port a mornen later. It was Stewart i j Fhaoting the bandit "After the fxnri'-ss ard hagrae I cars had 'been cut 0ff. the mAk-1 j j,,,,, nn ,;,Jo f,,0J. nf j v.A rftrj fr.r the ,v,rfJ, me.-r.-r to open them. S'ewart swung the a ,.. . j .1 a , 'iui ij'e:i iu ..i a. N-'. "i.a ui..'- an ' I believe he wound d another of the gang. Thcv thr. took ro th-ir he-an-d I heard the roar cf th :r ma - i chlne9 hort:y afterward as th-v sprd awav " i - . . TT r-rtt'i'T CT-CTiTr"r i-UViL. iiii-i i 3bi rxi WAIVES EXTIUDITION PRTR'HT. Mich., May I. '. Mrs Vldan Skruggs. of Jackson. Mich., wanted In Indianapolis in connection wth a rcn!I robbery' at Rlkhart. Ind.. lat Febn:ar'. waived extradition when arraig-ned in federal court

15 rvlhere Monday afterrooTi and was re-

1 rna.r.ded to the ourtody of the ITnit'd

States Marshals orr.ee kt re.mo-v-a: to Indians. In th ahi-nrr ff Henry Behrendt, the marshal, there was no Information forthcomin ajs to the cc hex Iniiirfor

SEES NO HOPE

F SUCCESS IN NEW CONFERENCE IiMruction Child Sav t nihd-ador r Meet inn Is Old. anie a(HITS SOVIETS" STAND Declares Inquiry of Expert Could Deal With Recognition of Ru-ia. w sü i. ;t : 1 1 " i ;m- ( ITi: ü l ! I l-r 1 e T-i! at ion lit? :t 'I ! fai-i. t a i; ah , i ii'i til" ou if 'Mr.g 1 app;:r ..t T fr- 1 !i . Ihe 1 ' ! . ' 'undd i upf. 1 !.' ! "' !.:- : , i i . t!l- Mill i: c . ! ; . ! 1 O li:h- i. ri;r JP I 1 ! ! h"- ( I no,; i . i o r nc o a n: er j 1 " it::: ude di-r-;, M , i n I r e!. l,. rat .um or .Mav 1 1 n unchang (I" ('ciiili-nm 1 1 ii C'mllti"nTho i -Ar i p 1 1 ! : r. 1 i. !:;::: a um ion . ... r;ca ;i m -t- .- i would ,ii'n'.ir t be t!1" rio'oratu f pr- ductivitv r.i Pussia, ihe , nti.i! condi;:op.s ,f whn!i -;;:i n hi". md m pri r , II the ed W j Ku-ia liis If Th- star- d n trt menfs ca t mn -aid the AniTiMii ill" star- I i i rr n: e n j s -"tnii cation -aid the Amrri'.an overntr.ent "lias a!w ays be-n r ad " to jo.n i oth-r go1. .-rn m-::t s in arranging for ' "an inquiry hv expert into the connmio .-itua'io'i :, I tu; ia a: -I th..: a d d d . wit h i cop:t:ec..v;.ary rr m-di' Su"l: an ie.ijuiry. it w.is "couhi deil a ppropr; a !y" j -ho r -c -.tion of Uu;a In cop.cltision lh. American : mur.i at. -i i n'W"l the . .ff r to ence or any later conf-'-n ); ", ic add"d that the suge -t i, n for tl:c meeting at The Hague, m f.aor of the pucian mcj.ioranduni ff May 11, tacked "the dehnitene-s which would maKe pos-ih'e (-, concurrence of this go r i.mnr in the proj ed p'a n " BORAH ASKS U. S. TO RECOGNIZE RUSSIA ; j . . ... I(c?olutlOIl Calling for N let Recognition I- Laid on lahle. WASHINGTON. Ma sals made at G-qc-a th 1 i , T(.,. ,0 invite, to .V'.-n'l ur'h r ' n n m i n v. ov h Mortll- ., .9 1 1 iii-.ir,.n 4 d .s. u -si- n of Ih.roj, i n probkms at The Hague r we j q u s.-r a ;n th'- .-f-n l f i dav v. h :; '"n. P."i ah. republican. lu'-e,l a r--'du".on f a o,--Id ho. in' f ! u.z Am : jet U IV j ha.PL'e j dem... r J of the I inl'.i'i ! ;-a n "ee,-p ; t ,;) r.f the sovn.mcit ot i;u-.-ia ari i v. - w :t!i S.-n. H.' . N bras I. a . on t h . j -. " n 1 1 I S ' t ' a c e r i . ; - - n to p ir'h on f 1 e j r e. ! p a e , n HauThe bV Set i : :j - s : r: IV.rah :. it 1: r- -1 :r Tthe ta'le ifs. : the - f 'ivr- r o ", ' t ro , ' - I th Cn:' let. ae Sen. p. i " n by ,:.' I "r , : r n e at Thi v : ' g t V. e lid :'! 1 to c i r e th con f . mor.r h. j u ,:s r i i;;r.e o " r h e ' T e W orbl ! ;r. j"a s due o I, i ;!. S p.. HP- h r ; l f r . r t b i - .. ne-i f-X'-t! Coup,1 l.s. G frnnii'iil -trong. "7' the i r e : . ! . ( ' -'.at :: - h- ! Ti.c w w ! h- r" !v"l b e'v from R' s rr n gr r g r, I. t C 1 V, I ir-t W. -. t ' p - y I ! i, ' h a K . " rg I -.vr r. g Roc'a. cent ;: . . r h e r ; h ; -rob! r-rp r. i c, T p r p g Th"re i-a p. 5 l P. ' : e ; e : 1 1 u - -: g o e - r-. m e r - I . t. our rr: 1 0 o d 5 h e . '(- are f a e o face w.th he js-'.a or exc'.vilir.g :!y of rations. It if-rifr.r. that :h r h r vgnltPn of fr"-m the R f.l! - ? rr.c , .-"- fac'o government." I:: :. u.-.r,g 'lie Gen.'ni rcr.fr ence the Idaho senator s-all the Vr.P.ed Stat ' very w:-!;-' frair.ei from . r.dlr. repr5 had rttatlves 'and he adlM that he hopM t ahn would decllre the invit ation r f The Hairue cfr.ferep.re. Srn. Hitchcock said he believed the United 8ta-ei could exert its ir.fl'j.'r.ce better by -1 participation.

S"n. Porah said this r.atlcr. cc.I!',, '..et rxrc!se it Influence fre frm Kuropean Influence. He said tha the VerEallles treatr couM Tne modiried and ItusV.! re5ognired without American participation In Ruronean councils. Pen. Pomerrne, dtT'T&t, Ohio afked If he thr.urht tie Ruseian noernmer.t wru',3 reKcirn-ixe debts of the prior gove rnment to the Vtiit4 States and other countrle and SeA. Iioaxh Aid that this eppeaxed prot title