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About The Omaha morning bee. (Omaha [Neb.]) 1922-1927 | View Entire Issue (April 10, 1925)
The < imaha M >rning ‘jee 'rzkzz much change in temperature. ^ i„ n,u*|«■, and dhrord U unnatural. ^ ~~—— „ _ unreal. —Mary Baker Eddy. CITY EDITION ^ TWOCEKTS* «Mi! •jSSlSST' — ' Matricide! < wnmitted to Asylum; .- I Dorotli) KliingFon, Slayer of Mother. Adjudged Insane and Taken at Once to State Hospital. Faints as Verdict Read Sail Francisco, Cal.. April 9.—Sev enteen-year-old Dorothy Fllllngson. tile pretty bronze-haired girl, whose pursuit of jazz and joy culminated lost January In a quarrel, in which she killed her mother in a bedroom of their home, was taken to the state asylum for the Insane at Napa, Cal., tonight. Shortly before noon a jury in superior court adjudged her insane. Thus the murder charge against the young matricide was shelved. The jury impaneled to try the case, ex cused until next Monday, will he for ^ mally dismissed then and the matter v ill be placed on the “deferred" calen dar, perhaps for all time. Should she ever be pronounced sane, the murder charge may be revived. The girl had been bitterly opposed in the sanity proceedings launched by her attorney. She denounced them in open court, once threatened to choke one of them for “telling lies," and another time threw water at them. Yesterday she testified as a witness for the prosecution, calm, clear, attired in her best, determined to persuade the jury that the asser vion of insanity was unfounded. Faints at Verdict. Today, when the verdict was an nounced after but 45 minutes of de liberation, she fainted without utter ing a sound. When she was revived she sobbed convulsively In the firms of jail matrons and was not able to leave the rftom for half an hour. Tills afternoon she was brought into court for the final formality of commitment. She had regained her composure and sat stolidly while Judge Harold l.ouderback. pronounced the few words- committing her. The procedure required less than three minutes. Within another hour she was on her way to the state Institu tion at Napa. The girl's attorneys. Alexander Mooslin, chief counsel; Sylvester J. McAtee and Walter McGovern, issued a statement In which they said: “When we first entered upon the defense of Dorothy Ellingson we were immediately impressed with the fact that she was possessed of a very tin ■**’ sual mentality. She failed to co-op mite with us from the beginning. A - nutit naturally arose ill our minds ns in her mental condition, and wc thereupon sought the advice of lead ing psychiatrists and alienists. After a great number of physical and men 131 ie«!s these scientists came to the conclusion that the defendant was in sane. •'Great Victory." The verdict at the hands of the special jury I* the greatest victory for the scientific treatment of ahnor mal persons ever recorded in C^ll fornla. It will mean the beginning of a new era in the treatment of those who are mentally sick. “WhilJ the charge of murder against her probably will not be dis missed. we do not anticipate that she will ever be called upon to face a jury on that charge. From the in formation furnished us. it will be many years, if ever, before she Is cured of her present mental condi tion." The sanity Jury contained nine men and three women. The verdict requlr ing ail agreement of nine, was voted by 11. One mail dissented. COOLIDGE GIVES REPLY TO PERU Washington, April 9. — President i 'ooltdge through the State department today, delivered to the Peruvian em bassv hi* reply to the note from Peru, in which the Peruvian govern ir.ent asked for certain modifications * of his award as arbitrator in the Tacna-Arica dispute between Chile and Peru. Vllpged Swindler Held on Postal l aw Charge l.o* Angeles, Cal.. April 9 Harrs f. Hold was arrested by federal of fleers here today on an Indictment »-«• turned against him in New tort in July, 1922, charging him with ttsin^ the mail* In a scheme to defraud in the sale of stock in a bullet-proof glass corporation. Ifl* hearing bo fore th* United States commissioner was set for April 11 and his tall fixed at $7,500. __ Ex-Governor Bryan Returns From Florida Lincoln. April 9 Former Cover nor and Mrs. Charles W. Bryan re turned today front Florida following a 1 wo-tnonths’ visit at the home of William Jennings Bryan. The former governor declined to discuss his plans for the future. Mr. H. B. Johnson, V Ire president \ntwur A ( o., packer*. 4 lilcagn, III. Mr. Johnson is in Omaha on an In •pert Ion tour of the local Armour A 4 0. plants. He I* registered nt lilt Hotel Fonlenelle and will return to his home lu Chicago late today. W hile In Omaha Mr Johnson con ferred with officials of the Armour ylarit snd other men Interested In the livestock business of the west, sl'h ■ view in determining the company * pol&JM iA varioug Cupid Again Scores Over Career as Jeweler Wins Society Girl _ ' n i _Mj>^ ■ , , . ■Score another for < unicl. Houle has vanquished career again. Miss Kendall I.ee. daughter of the wealth* Rirharrl l-ecs of New York, ha* quit the pursuit of fame as a dancer to wed Jules Giaenzer, vice president of Cartiers, international jeweler*. ____ I Son of Governor Pays $100 Fine Ohio Youth Returns to Home of His Father and Girl Incident (dosed. Columbus. O . April Hn! Dona hey, 19-year-old son of Governor 'To Donnbev. was home tonight and the episode which linked his name ■with that of Gillian Vogel. 15 year-old Zanesville (0.1 school girl, was closed. In the probate court at Zanesville Judge Clarence Graham found young Donahey technically guilty of con tributing to the delinquency of a minor and fined him $ 1 r*0 and costs. He also was placed under the juris diction of the court until he becomes of age. Miss Vogel, who disappeared from Zanesville Sunday night and was found in a local rooming house Wed nesday by Mrs. Donahey, was -placed on probation. Miss Vogel came to Columbus with Hal late Sunday nighr after he had spent the afternoon and evening with her and another couple. When qu"s tinned regarding the disappearance of the girl he denied knowledge of hs*r whereabouts saying he had let her out of his ne-sv roadster at her home and not until he was confront ed with the girl at the executive mansion did he change his story. Judge Graham said he was con vinced there had been no impropriety In the conduct of the couple. The judge told young Don8h<" that he fined him principally because he did not tell the truth about the affair at first. Governor Donahey’s only comment on the affair was: "1 am grieved over the episode and l hope I he public will be fair in its judgment." WALES PERSPIRES UPON GOLD C0A9T fir The \kio<latH Pre**. Seecond* e. Goldooast, West Africa, April t>.—Experiencing the intense heat of equatorial Afri< a for thr first time, the prince of Wales ‘.tiling southward on hi« four «-f Mou111 Africa and South America. arrived her*, todav. iu i« \v deck the tempera ture on II. M. S. Acpufca- for the la*t few day* ha* at time* leached II* degreeand although a \ rint nrrayj <»f awning* has been spread over the decks, everybody on board the bnttie cruiser ha* been living in n hath of perspiration. The whole town wa* deco’rated in honor of the prince. Na five chief* appeared in palanquin* nnd the enthusiasm and excitement wo* tho Krcateat e\er known In this < 1 old const port. There wufi some difficulty in the royal landing, however, and the prince Jiad to cross one nnd one half loile* of water bet w pen flic Kepill.se and the shore in an open shore boat be.auMc a heavy swell made the use • f the battleship's boat* Impiac tlcable. Upon landing, the prince pmcetded to a email hill overlooking the new harbor which 1* Mtill under construe I t1on. On the Rummit. h* unveiled n memorial commemorating hi* visit. President Guneo Dies. Jersey f'Uy, S. .1.. April rJ- Nlcho la* CHineo, 72, who *» president of the ('unco Importing company <*f New York tva* regarded »* the only independent rival of ilie United Unlit (ompany l* dead. Minister In China !\ainr<l. Washington. April 9. John V A. MacMurrny, under secretary of slate wa* appointed minister to <‘blna, *ue reeding Hr. Jacob Gould Hchunnsn, ho hs* been mad* ambassador to j^StrUn. Split Widens at Saints’ Meeting Omaha Attorney Addresses Chureli Conference as Fac tional Fight Crows Hotter. (iprilul OUpatrh to The Omaha Her. Independence, Mo,. April 9-— Anxiety and bewilderment marked to day’s sessions of the genet 1 confer pik-p of the Reorganized ( hureh of Christ "f Letter Day Saints as the differences Vie tween the two factions approached more closely to an irrep arable split. Carl T. Self, Omaha attorney, ap pea red before the conference today to diseues the legal phases of the question of church gmerrimenl which are agitating the conference. Bishop McGuire, the presiding bishop, in whose name all church properties are registered and the leader of one of the church factions, yesterday evaded a direct answer when asked what action he would take In the event that the split widens. The president of the church has not yet expressed an opinion on the question, and members of the church are anxiously awaiting a statement front him. EXPELLED PAIR TO LEARN FATE TODAY Robert M. Bell, second .t ear student In the college of medicine at Oreigh ton university, told Father John f. McCormick, president and the board of trustees Thursday afternoon what he knew about fraternities in ex tsfence at the university. Bell, ex pelted for alleged activities in connec tlon with the Theta Nu Epsilon fra ternity. 1* understood to have made a sweeping denial that he ever had had any dealings with that organl xatlon. barred In numerous colleges and universities throughout the coun try. The board r,f trustees withheld d* vision In his case. However, it Is expected to tol.e action 1-rloa-, sftet noon. ( lieinical Socitdv W ill < dtnlimip Ksstn I nnlrsl Haltlino, p, Mil April ft -The Ainet icait ' litem)cal *o dely «IH «uniinue It* prize PHsitv contest tills car op loph't dealing with the relation of ehenrfslry to health and Industry, luntcs F. Nor ris. president, addounvetl. The re wards are five college scholarships and rash prize, and the contest Is open to pupils of high schools and colleges. I'.iipliiiul to Help Australia llinigrnlc t.»(f,IMK) Persons London. April " The British gov minimi h?m tMinrhidrd mu hizi ^mimt wiili ili,* AnMmllnn nmiinnnwealth jjuvmnmmt for in tin* **ml Kratlon of 4 50,000 pemon* from th«* I filial Kingdom to flu* • ommon v,oa 11h within tho n*xt do. id**. Th«**r emfjrr*nt* will includ* 34.00m famlllt*. wu h a v pruning fl\** pfr*nn*. Lloyd (rforgr VI ill Spend Faster Season in Madeira I>Vndon, April ft - Former l'r#iulir Floyd who ha* not entirely rmnvrrrd fmni hi* raernf lllno** *tai pd on m trip to Madeira h* will 0|)f*nd mm I'm•t#*rtid* r^iMipor* \ #* holiday II*- \Mtn ac > imp < nl«‘*l hy Ml*. I Jn\ *1 < i*»*l| Ifc'*'. Marriftl in 1 jtiincil Itlufl*. I h» following pi»r*t»n« «M«in***l irmr fi»r* II* *«■*»* In t'ouro ll Mluff* tla > (‘(•runo# C, *n#nc«r, N'*>ll|b, N#F . t,<••»«« KirW S*Hfh N#b It i Herbert -I NftlfL Vu**n*. Or* !14 Pinr**** V' Xax#l filntoln, N*4»..... **4 H41 old Moot #, Oin«h» <MIMI*#M#0 Jlabst r*ltvkola uuiiu ..-ihMkgwi h Sea ett Gn^fAigh r4&inU.P. V*/* Valuation ami (JouiimTco j (umnscl Appointed to Nice Presidency of Railroad System. With Company 21 Years H. A. Scandrett, valuation and com merce counsel of the Union Pacific system, has been appointed a vice president of the system lines with of fees at Omaha, effective May 1. Presi dent Gray announced last night. He will continue his present duties and also perform other work to be as signed to him by the president. Mr. Scandrett Is a Jtaehelor, living at 210 South Thirty-second avenue, with his mother, Mrs. Whipple -Sean drett; sisters, Mrs. Jane W. Bart and Miss Cornelia Scandrett; and nephew. Horace G. Burt. He is a graduate of Shattuck Mili tary school and the University of Minnesota. Promotion Surprise to Family. The promotion was not a complete surprise to him, but be bad kept It a secret from Ills family, who were sur prised when given the information last night by The Omaha Bee. He entered the Union Pacific serv ice in January, 1901, in the claim de partment at Omaha. Up was appointed assistant general attorney in the law department at To peka, Kan., November 1, 1901, and on January 1, 1911, was made assistant interstate commerce attorney of the Union Pacific-Southern Pacific sys tern. In May, 1912. he succeeded F. C. Dillard as interstate commerce attor ney of both systems. On the disso lution of the Union Pacific-Southern Pacific merger In 1913 he remained with the Union Pacific as Interstate commerce attorney. Change Made at Cheyenne. He was appointed assistant director of traffic in addition to his duties as interstate commerce attorney, on Jan uary 1, 1918, and on July 1, that year, became traffic assistant to Hale Hol den. region director of tile central western region of the United States railroad administration. On Novem ber 1, 1919, he returned to the Union Pacific system ss valuation and com merce counsel. Another appointment was also an nounced by Mr. Gray, that of N. A. Williams as general superintendent of the northern district, with headquar ters at Cheyenne. -Mr. William* was division superintendent, at Cheyenne and was transferred to lavs Angeles .- s general superintendent several tears ago. He succeeds A. W Wood ruff, resigned. REPORTS DELAYED IN SHEPHERD CASE Chicago, April 9.—William T>. 3h»p herd's arraignment on an Indictment charging him with the murder of William Nelson McCiintock, his youthful millionaire ward, was con tinned today hy Chief Justice Jacob Hopkln-s of the criminal court until April tfi. Coroner'* chemists who have been examining the exhumed bodies of Mre. Emma Nelson McCiintock. McClln tock’s mother, who died IS years ago, and Dr. Oscar Olson, the McCiintock family physician, w ho died three years ago, said that their report would not be ready for another 24 hours at least. ttdg# Harry Olson, brother of Dr. Olson, and the man oho Instigated the investigation, today questioned two former nursee of Mrs. McCiin tock. KIDNAPED GIRL FOUND IN OHIO Dennison, O . April 9 —Esther Simp son. 4 year-old girl kidnaped in Chi cago hy her father. T.ee Simpson, was brought Iter# today by the father who took her from a hone* in Chicago, r.here the mother, sn actress, had left her. The rather eluded the police hv carrying the child from the house to an automobile In a large suitcase. Man. 2,000 Chicks I.osr T,i\<" in Mlii/.c: Buildings Ruined Wheellpg « Va . April 9 One man was fatally buti,e,l and seven small buildings were destroyed by a fire which swept en entire square in i lie business dial riot. Damage esti mated St 975.0*0 wa* caused. An explosion followed 'he fire. Two thousand baby chicks died ft am fumes. Jury Convicts President of Defunct Hank of Puxico Kannett, Mo . April 0 I> K. Wat *7f-r, sr.. former president of the de Ifunrt batik of IMjxIco. wa* fo\in«1 KUlltv by n jury of accepting .» dr 11Minit In nn Insolvent Institution nnd [sentenced to two yewra in the prnl tentlary. The bunk loss was ftp iproxlmstety 8400,000. Ma\ Force Civil Sen ice Schools to ( .lose Doors Washington. April !>. Active etei>* to end the practices of severs! enter prises railing themselves civil service schools era being taken by the civil service rnnimtsslon. cooperating with * ha Aseorlftted Advertising clnha of world Complaint* will l*e mod# t•» fhe federal trade commission Dtncnporl Denied W r11. Si I'h ul, Minn April 0 The elate suprenie court denied ft. writ of hiibeea corpus to John Davenport of Minneapolis, wanted b\ Milwaukee iWis ) authorities In connection with the 1800.000 bank robbery there Isa Ueoembe *• EX-COUNTY JUDGE HELD FOR FRAUD Aurora, Neb.. Aril 9.—On return of n indictment charging Fred Jeffers, former county ;udge of Hamilton county with embezzlement, he "as nested AA'ednesday morning. The Indictment consists of six counts and has to do with the collec tion of rentals on the AVIllfcnn Wick estate. The counts allege that Jef I'ers. under color of his office as county judge, received these rentals from the AVilllam Wick estate and that he converted the money to His i own use. | Packers' Hearing Before Secretary « Extended for Day Federal Counsel to Submit Argument ^ et Upon Merger of Yrmour and Morris Concerns. Washington. April 9.—The packers ended their argument in the dispute over the validity of the Armour .Mor ris merger today, and tomorrow gov ernment counsel will begin their clos ing statement. Secretary of Agriculture Jardlne. Who ,1s hearing both sides of , the con troversy before ruling on the question whether the consolidation of the two packing companies violates the pack ers and stockyards act. extended the time of the hearing today. At today's hearing. M. W. Boqders, counsel for Morris & Co., declared the sale of its properties to Armour in itself did not constitute any Illegal ity. Former Secretary Wallace, h< declared, had held that the act had not been violated by the sale and that the department could institute no pro ceedings unless some irregularity de veloped from the transaction. ‘‘Every person has a right to sell what he owns" Borders contended, "and there Is- not a single case in the I'nlted States where a seller has been held liable. Morris & Co., should never have been made a party to the complaint and should now !•« dis missed out of the case.” Vrglng the secretary of agriculture to decide the case solely on "law and facts." free from outside Influences, the attorney -declared "there is too rntn-h cowardise in Washington non." He asserted that A\‘. L. Fisher, chief government counsel, In recom mending that Secretary Jardlne Issue a rule against the merger sending it to the courts for settlement virtually had advised him "to pass the buck." BURTON TO HEAD U. S. DELEGATION Washington. April 9.—Appointment of Representst it e Theodore K. Bur ton of Ohio as chairman of the .Amer ica ndelegation to the Geneva inter national conference on the control of the traffic In arms, was announced today at the State department. The Geneva conference will he held under the auspices of the league of nation*, with American participation based upon the preparation of a draft convention to control arm*' traffic which does not involve »nv proposal to deal w ith the subject through legis lation to curb the manufacture of arms In any country. The agenda confine* the discussions strictly to plana for licensing all International arms shipment# and to the declara tion of prohibited zones for the fut there protection of police *nd order among the backward nationalities. SHRINE POTENTATE COMING TO OMAHA James R. Chandler. Kansas City. Mo.. Imperial potentate for North America, will be the guest of J E. Fitzgerald, potentate of Tangier temple. A. A. O. N. M. R Omaha, at the local temples spring ceremon ial Friday, April IT. at Masonic temple. Initiator; ceremonies will be conducted at the temple at T 3ft Fri day night A special train will carry mem ber* of the Omaha Tangier temple to the ftl*t session of the Imperial Tangier council, which will be held at l.o* Angeles, June 2 3 and 4. The train will leave Omaha May 3<V Participant* in Fatal Cra'Ii \rc Fxoneratrtl T.incoin, April 9.—A coroner's jury ■ cloy found that Waiter ltocroft. ?l. University Place, met hi* death In an accidental collision between an auto driven by I*. O. SThIxuc of l.ln coln. and a sidecar of a motorcycle In which Recroft wa* riding 11 A Greer of University Place, wa# driv ing the motorcycle. The accident occurred Wednesday night on lower P street In I incoin. Recroft was thrown from the side car and died a few hour* later In a local hospital. Htaberg we* driving out of an alley when th* motorcar mid motorcycle collided. Greer was thrown to the pavement, hut escaped serious Injury Car* SihIIimI on Mutltlv Knail*. Norfolk, Neb., April 9 — Heavy twin which ha* been falling over north Xebrgftkft ha* mad# mud# very aoft.1 Numerous cars at# stalled wMt of hers on country highways. Hill Friz** Winner Dies. Austin, Minn.. April John .1 Furlong. 7*. former elate legislator, who h $1,000 prise donated bv the l it# InmM .1 Hill for the longest ear of coin In .Minnesota, died r " — " . 'a (>cnoa Sunday Schmd hirst to (om/dotr the Standard I ourse ---> (Jenna. April Fnder direction of (lev. John M. Minds, |>n at or of the First Fongregatlonal church here, the Sunday hool Is the first in the • ♦ate in this denomination »o com Ul! jlAUdgjd UihUUia Supporters of Herriot Lose Votes \ ole ul < !onl itliMirc Ui\cn trench Premier l*y (.ham her Slums Reduction of Majority li\ 30. Dance of Billions Begun Ht I nltersai Sertlre. Paris, April 9 —The French cham ber this evening gave the Herriot guv eminent a vote of confidence on a. question of general policy. The vote "as 291 to 26b, thus re dm ins the government's majority by 30. Ilj- ( . K. IIKIt'l Kl.l.l. luUernal her,ice staff Correspondent. Paris, April 9.—The dame of the billions began in earnest "lien the Bunk of France officially recorded an im reuse of 2.100.896,000 fiance in crease in circulation. Tills brings tlie total paper in circulation up to 43, 000.000,000 fram e, while the legal limit is 41,000,000,000. At the same time the bank's ad vances to tiie state have rca* lied ihe legal limit of 22,090.000,000 francs. Furious attacks on the government, and especially on Premier Herriot, are being made by the entire opposi tion pre.ss. The Temps says lie is "adrift," while Liberte asserts that the premier is desperate and Is cling ing to power “because lie knows tit.it the first act of his successor would be to bring him and his accomplices to justice." The article adds: “Fraudulent Bankrupt!) .*’ "France is fated with fraudulent bankruptcy. If it cannot save its fortune, at least let it try to save its honor.” Commenting on the report of the Bank or France, Temps reveals that the treasury obtains large sums from the bank and in return “deposits for eign banknotes hoarded b) the treas ury for the purpose of paying sums due abroad." This is presumed to refer to in terest due soon on the recent A uteri I can loans to France. AGED ROMEO 6l SUPREME COURT Special IMepateh to The Omaha Bee. l.lncoln. April 9.— l-evi Keiser. T9 j t ear (lid “Romeo.'' brought his fight for freedom from a guardianship, clamped <>n him a year ago in count) court at Wahoo. to the supreme court Thursday morning. Accompanied by his wife, formerly Miss Irene 1*. Buell, an attorne: Keiser. nattily atttlred and spry of step, appeared at the statehouse, but did not remain for the heei in Mrs. Keiser looked in on the tour: scene through a partly -opened door for a moment. After a nrief conver satlon with their attorney. J. J. Thomas of Seward, the man who said at Wahoo that "all the wonten are I crazy about me" left witlt bis Portian bride of 4S for downtown l-ir'-oln. Fighting to have the guardianship lifted. Thomas propounded these questions to the court: "If such a love affair had been aired in a city rather than on Main sties:, whore gossiping tongues,are always busiest, would this hate happened?'' "Has not a lonely old ntan the right to trade his fortune for the devotion of a woman who will do anything she '■an to ntake the last dn>s of his life happy?" Decision was tsken under advisement. NEW COMPOUNDS FOUND IN CELLS Baltimore. M l . April 9.— S* lenee is near an understanding of the chemistry cf life procfsses, according to a report to the division cf organic chemistry cf the American Chemical society heie today i»y Prof. Treat B. Johnson of Vale university, "ho an nounced the finding of new com pounds in the nucleus < f the « • ii. Pro feasor Johnson s report was one of a series submitted to the division show ing rapid co-ordinate development of chemistry and medicine in attacking disease. The minute cell. Professor John son explained. Is the fuiula? ;eiual unit of all living matter, and it is wiUiin the nucleus «*f the single cell that nil vital force Is centered. once the chemical bchnvi.! of life processes is understood, it was pointed • tit, the conquest of dis« ase may l*e found com pa rati vely simple. It is e\on possible !♦ was kmid that the riddle of life may he strived first through the conquest of tuberculosis. Contract Is Awarded for New Odell School Beatrice. Neb . \prlF 9 The board of education at Odell. Neb . hns .awarded the contract for budding the new school house there to Williams Marian of Falrbury. Neb., for *2ft.7SC. Work will start at once so that the building can be completed b> fall I riend* of Klori«t-(*unman l ined $1,000. Sent to Jail Chicago. April 9 IVippar n»n" McCarthy, a union business Agent, and. Pa11 Weiss, l*oth friends of the Assassinated IMon O'Bannion, florist gunman, pleaded guilty to violation of the prohibition law and were sen fenced to six months In the Kane county Jail Knoh also was fined < 1 poo . .. _— Minn Help* Crop*. lien’’i • \f \ p 11 9 I * i.e * slate that the rool, rain> weather of lit# last few da> a in tins section of i he stsie has been \e \ beneficial to l he winter wheat. < u* ng it to make rapid trow lb Some fields thought to have been dead bs>e begun to shoe **WL COOLIDGE SAYS DECISION FINAL: Washington. April 9. -President Coolidg? informed the Peruvian go\ - eminent today that he was con strained to regard his award as ar hltrator in ti e Tacna Arlca dispute between Peru and Chile as “final and without appeal.” The i-ominunlcation pointed out that this action agreed with jthe terms of submission a. signt-d by the two governments and. also with the general principles of in ternational law. Government Files | Brief in Supreme Court on Tax Case — Appeal Taken Upon lest Suit* \"ain*l Newspapers for Publication of In come Tax Return*. By t'niversal Service, Washington. April 9.—The govern ment filed Its brief in the supreme court today in support of its appeal of two test suits lost in the lower courts, seeking to penalizj newspa pers for publishing income tax re turns. James M. Beck, solicitor general, prepared the brief on behalf of the Department of Justice. His main contention is that, although the new revenue law makes Income tax pay ments available to public Inspection, ibe phrase “available to public inspec tion1' does not impart a right to pub lish the returns. “( rime Under l.avt.” The brief applies to the case of the l.'nited States against Walter S. Dickey and Ralph Kills, publishers of the Kansas City Star, and c*f the I nited States against the Baltimore Post. It sets forth that in both cases the facts at e the same, the newspa pers having published the names of certain taxpayers and the amount of income taxes paid. The brief states that it cannot be doubted that prior to the enactment of subdivision B of section 257 of the revenue act of 1924 such publication "was under the law a crime.” It points out that section 31R7 of the revised statutes, which was re enacted in 1924, makes it “unlawful for any person to print or publish in any manner whatever not provided v‘ law. any income tax return or any part thereof. . Open Only for View. I The only exception to that general rule of law, the brief points out, is the .act that subdivision B of the new revenue law requires the commis sioner of Internal rev euue each year | to make “available to public inspc tlon" merely mean* "open t/» all to ■ examine and view. ' but not open for | publication. The brief adds: “It is not thought a reasonable construction of a statute to say that print or publish' was intended by congress to b* expressed in the term 'available to public Inspection’ when it would have teen just as easy, and In strict accordance with other uses of the word ’publish' to say publish.' if that was meant.” VISITING ALIENS DESIRE TO REMAIN Washington. April 9.—Aliens coir, ing to the l r.itei States to vi*:t and finding the country so much to their liking that they want to make their homes here, have become one of the chief concert * of the Immigration bureau. These aliens are besieging the bu reau with re- jests for extension? of their leave to remain here, many ex plaining that sine their arrival they have found work and like it so well they don't want to go home. Their enthusiasm, however, oftei prove* their own undoing for under the Immigration laws the bureau is required to depart su. h aliens when they go to work after oeing admitted as visitors. The only methods by which these aliens can attain permission status i officials said, is for them to returnj to their homes abroad and return to! this country under the immigration quota. 3 CHILDREN DEAD IN NAPHTHA FIRE Saginaw. Mich.. April 9—Police were Investigating today the fire In which three little girls were burned to death when a ran of naphtha In the automobile of lgtwrrin ? Boyd < aught fire while Boyd was taking the children riding. Boyd himself suffered severe burn* in an effort to rescue the children Robber* (iet S7.00U in Jewelry Store Holdup Chicago. April 9. Without the knowledge of the proprietor, hi* wife and three children, who were In a tear room, the robbers appraised the stork of Renjanvin Wernlkoff. jewrler. held np a clerk and a customer, and departed with merchandise worth IT, 090. < .amnia** Debt Low ered. Ottawa, April &.—The net debt of Canada *f the end of the fiscal vear. March St, stood at S ' AOS.OOJ.OSp as compared with Ji'.AOS HJS.W9 at the end of the previous ft son 1 vear. Samuel IVarson Die*. Ruenor* Aires, April 9 —Samuel H. I’earson, ST, Argentine financier, connected with several railway, bank ins and commercial enterprise*, died. rhe Weather | I O’ , * h»*«*•• ( ■•!;«« i V rn ' ♦ I t* tlUt'4r<*4 ’ total 1*. r 1 • t JtftUAM I ■ U j ■ l A*' ' j , 5* Hwtirb lenn*rrg|nro» i a «*i H I i tv s "••;}? * s z - t? * I »n * » t' rn J * ™ 1 e r n » m , i: t .* w . I 41 UOCtt «»..ae..M 4 9 «1 Raiders on Carpet for Rough Work Tlioinah Offers to Suspent Agents Uter Pliysieian Com plains. but Apology End» i»* Controversy. K i n s 1 e r Investigates Kiniei' Thomas. state prohibition di rector. personally apologized Thura tiny afternoon to Dr. Frederick Wearne. prominent Omaha physician, for an attack which was made upon Dr. Wearne by Karl Schmidt and Kug*ne Fatten, prohibition agents, at the Hill hotel Tuesday night. Thomas also instructed the agents to apologise to the doctor. Tin mas offered to rusiiend the two agents I'ter Dr. Wearne's complaint had started an of ficial Investiga tion of the lrc; deni. but Dr. Wearne was an pea sed by the lpologies. The two agents .. cording to l»; Wearne, seined him as he war l-.ivirg toe eleva tor on the IJth floor of the Hill hotel, where lie lives, Tuesday TJmer Hi nma». night. The manhandled him. he assert*, r-no searched him, but found no liquor. •'.Men Here Wrong. "Xly ir.o 1 were wrong in attacking and searching Dr. Wearne. and f want to lie the first to admit it. ' Ulmer Thomas said Thursday after noon. "1 have known Dr. Wearne for 30 year*, and am exceedingly sorry that the attack occurred." United State* Attorney J. C. Kipa ler began an Investigation of the at tack following Dr. Wearne's com plaint. It was predicted that this in quiry might lead into other chan nels, as a result of the visit of H. H. Lepper. special agent of the In telligence department, who has been conducting an undercover Investiga tion in Omaha for the last week. County Attorney Henry B*a! went into conference with Lepper yester day-, following Dr. Wearne's com plaint. He declared that the inciden* had brought to fever-heat the op position against the methods of loc.,! prohibition forces. - Dr. Wearne. now- the certra! figjre in the var.ous probes, told his story to The Omaha Bee. "I left the Omaha Feld ciub. where T had been playing golf Tuesday night. " he said. "I had a bundle of oid clothe* to take home with me. "H er I reached the hotel 1 put lie i Lndle beneath my coat, not wish ttc to display it in the lobby. I en ter* d the elevator and called for the •\. Lb f.cor. When l Hepped out o . i r, v. i* in front of me and one i ho’ Without a wori tf warning or* o' *:-- nren grabbed rev hands and th iotf.e cinmped his hac-J down on rr jl-U ; "IA n’t Drop Tint Mottle." Don't drop that botle " on* of them O' mmanded. tnought they- v - e a couple • f hMdi.p men and Ji,11 r know whs th*y were talking , o *u*. when th* s-'id not to drop the ! o.*!e. I had * v rl . l ie ring and a diamond Stickp.. r r J I supposed the. were going • ter- them. "'What do you want from me*1 an* • \ilio arc y ou?’ 1 isv i. After they li**1 t :sted mv hands nd other* s* c'ft’ed m« about they -oid they n fe-ier.il agents and shewed tot. badge*. "I told t her. I w • o bootiegg* .-nd then told them ; name. Also id, :h*t i I would not let the maut ■rest and node them accompany in* to the hotel, desk downstair*. There I took their names, in th* presence of the ierk. ‘You have started mpt tuire.' now, I told them. ‘I ,vn rot * bootlegger and will not be treated a* a < riminal w hen 1 am going pea r fully home.' " Dr. Wearne said that while ht so talking with the agent* at the de* lie saw their chief Samardiek. stand ir.c only a few fee* aw ay Saniardn the doctor wild, made no attempt *■■ ’earn what the trouble w- * about. "He didn't even come near u* D. Wearne said. Ionia Sfhoollioiief Hurn* Now,,* * Apr:! >.—The Jon - " toolhouae. four miles northeast of here hull! about SO years ago, burn*, to the ground this w-eek Harr' Belle a house and barn nearby we-* endangered as t .* ft:-# th eatened i spread lue to th* dryness of leave and other things #o that th p*oj\> «lie gtthsred fought fir* until ml right before it was under control. r - > Summary of the Day in Washington T he Armour Mono* mercer has. rs continued before Secretary Jar dine John Y'an A MacMurray. easts «nt secretary of state, xvns appointed minister to F'ektn. FVrmer Representative Tredei. ( C. Hicka \ew York, was appointed alien property custodian The Muscle Shea Is commtaasot met. organised so! am ounced ever, •t\e heat loss would be held. V tlWiV * • ?r, \&*-{ > <\i of rt0d b\i»h<*»? in winter nhMt pronUn* • On f» #y aj»t by i!>* d^jv* tm#nt of Th^ Si A l# «t*p<r. tmtttl mad* puhbt ** t*\ tv t*'# TV- \ •.**• vti#rv»rl4 *’ -w ;> T»cma A no* • %w >*:- i'lmdtQ! CcXicU# t t+v\y