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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (June 2, 1921)
THE BEE: OMAHA, THURSDAY, JUNE 2, 1921. Internal Revenue Laws Annulled by Prohibition Act Certain Statute! Covering Il licit Distilling Superseded by 18th Amendment, Su. preme Court Holds. AVshington, June 1. Various in ternal revenue laws enacted prior to adoption of the 18th amendment and designed to cover illicit distilling have been superseded and annulled by the amendment and the Volstead art tUm mnrftnn rnnrt heA todav. The court sustained the United States decision in Oregon in quash ing an indictment under the old stat- ' utes against Boze. Yuginovich and "Cousin" Boze Yuginovich. on the ground that no offense had been charged under the- Volstead act. Miss Annette Adams, assistant at torney general, who appeared for the government, said that the effect of the decision would be to abate prose cution in a number of cases in which indictments were similarly based and possibly cause remittance of fines ' imposed in cases already decided con trary to today's ruling. Wheeler Pleased. On the other hand, Wayne B. Wheeler, counsel for the Anti-Saloon league, held that thedecision would serve as further support for the dry forces. The court agreed with the lower tribunal in holding that "congress manifested an inten tion to tax liquor illegally as well as legally produced." Boze and "Cousin" Boze were in dicted for violations of sections of the revised statutes. The first count charged "unlawfully engaging in carrying on the business oi dis tillers," the second with having failed to keep "conspicuously" over their place OI Dusmess, a '8 '"s fircgistered distillery," the third with having failed to give the required bond and the fourth with hving un lawfully fermented a certin rash." The only question before the court, the . government conceded, was whether the lower court had erred in deciding that the laws on which the indictments were based had been re pealed by the advent of national . prohibition. ' "The Volstead act," the opinion said, "repeals all prior acts to the ex tent of their inconsistency with the national prohibition act. - - s! ' Early Acts Repealed, s "In construing penal statutes, it is the rule that later enactments re peal former ones practically cover ing the same acts, but fixing a small er penalty. Having in view these principles, we do not believe that the general language used evidences the intention of congress to inflict for such an offense, the punishment provided by Section 3257 with the re sulting forfeiture, fine and imprison ment and tt the same time to au thorize prosecution and punishment under Section 25 enacting lesser and specific penalties for failing to pay atax by imposing a tax in double ' the' amount imposed by law. "We agreewith the Sourt below, that' while Congress manifested an intention to tax liquor illegally as well as legally produced, it did not intend to preserve the old penaltie in srfHitinn tn thf sneeific provision for punishment made in the Volstead Blair Welcomes Church Meeting Stores Close in Honor of Luth- efan Convention Cedar Falls Man President. Blair, Neb., June 1. Alt business houses here closed today in accord ance with a proclamation issued by Mayor John Aye, that the citizens could all take part in a -program welcoming the annual convention of ' the- United Danish Evangelical Lu theran church of America, which 'convened here yesterday. The scs . sions re being held in a large wooden tabernacle erected on the v campus of Dana college. Dr. C , R. Mead, on behalf of Mayor Aye, and Morris Nielsen, i president of the Chamber of Com "merce, welcomed the delegates to K Blair. Rev. G. B. Christiansen, Au dubon, la., president of the church , body and presiding officer of the convention, responded. The large tabernacle, with a seat ing capacity of 1,500, was packed 1 to hear the addresses and musical i' program that followed. The Blair . band gave several concert numbers and the Blair community chorus, un . der the leadership of Prof. J. E. Car nale of Omaha, sang several selec tions. Miss Gladys Moore sang a solo and several encores. Rev. Mr. Christiansen, after serv- ing as president during the entire ' 25 years since the federation was - formed, was- given a rest. Rev. M. ' N. Anderson of ' Cedar Falls, la., - was elected president Otto Hansen t of Blair was re-elected treasurer. 'The secretary and. other, officers will, be chosen tomorrow. Madame' Curie Is Forced to ; Further Curtail Her Trip New York June 1. Madame - Curie, co- discoverer of radium, has been obliged further to curtail her trip-to western cities on account of her health, it was announced today. n Proposed visits to ' Dayton, O.; Adatnana, Ariz.; cities in California, Salt Lake City and Albany have been cancelled. She will leave here tomor row and go to the Grand Canyon for five days. Senate Reaffirms Action J On Increasing Navy's Size Washington, June 1. By a vote of 3d to 24 the senate today reaf firmed its action on the navy appro priation bill providing 120,000 men instead of 100,000 men, as voted by the house. , Steal Butter at Beatrice 1 - Beatrice, Neb., June 1. (Special.) ' Thieves broke into the Co-opera-, tive Creamery company's plant and stole three tubs of butter valued at 1 $60. EnUaiss rained through a window, . ..... Omahan Chosen Head of B'nai B'rith Grand Lodge Henry Monsky. Henry Monsky, prominent Omaha attorney, was elected president of the B'nai B'rith District Grand Lodge, No. 6, at the annual conven tion in Des Moines Tuesday. Mr. Monsky was vice president of the district last year. He is popular in Jewish welfare circles, having taken an active part for many years. Premier Refuses To Disband Guard Considerable Dissatisfaction in Germany Results From Refusal. Berlin, June 1. Refusal of Premier von Kahr of Bavaria, to disband civilian guards, or einwoh nerwehr of that state, which has come up on the eve of Chancellor Wirth's program speech before the Reichstag, has caused great dissatis faction in crrtVPrntTllnf m'rrlf. tiAr it is viewed as embarrassing to the new cnanceiior, who had intended to inform the German Parliament that his cabinet was bending every ef fort to fulfill the rnnriitinns nf the latest allied ultimatum. ihere is an impression here, how ever, - that Premier von Kahr and his coalition cabinet were rrariv tn yield to demands from Berlin but tnat local pressure was too powerful tor tnem to take such a step. In his retllv to the central vnvern. ment Premier von Kahr is held to have placed all responsibility for the disbandment of the einwohnerwehr on Chancellor Wirth and his col leagues. ' Move Made for Cut In Railroad Rates (Continued From Page One.) . commission that he had called be cause he recognized that the commis sion was the rate-making agent of ttie congress and that in as much as he had the official right to com municate with congress, he wanted to communicate directly, although in formally, with the agent of congress in railroad affairs. Working on Reductions. During the conference the nresi- dent made special inquiry concern ing the progress of the commission in revising numerous rates wherebv the last horizontal increase had put a burden on commodities which the traffic would not bear. He was grati fied when informed the commission had been working on a reduction of the rates of many commodities by the process of securing a volun tary reduction through a concerted action on the part of the carriers. une ot the specific things which the president had in mind was modi fication of the fruit carrying rate concerning which there had been so much complaint in the west. He was assured by Chairman Clark that modilication of this rate was infor mally under consideration by the commission at the present time. ihe president is understood to have been much eratified also to learn that the many ineaualities which resulted from a horizontal in crease in rates were generally being eiumnaieu oy ine commission, al though little had been made public concerning the commission's activi ties in this regard. Before concluding his conference. the president expressed satisfaction over meeting the membrs of the com mission and told them that he want ed to be helpful whenever it is pos sible and wanted to be in close touch with the exceedingly important work which the commission is doing. f I 1 I 1 : I 1 I 1 . I i I I jjjjj s THE CHEVROLET "FB 50" Touring Car has been, built to fit the requirements of critical motorists. Its smart design, roomy comfort, certainty and economy of service reflect the thoroughness of its construction. Chevrolet Motor Company RaUil Stor 2659 Farnam St. Phona Harney 7280 OMAHA Chmtld "FB VT- Tom, Striking Paper Mill Employes Control Factory Strike Breaking Workmen, Employed Since March!! Forced to Quit Plant Help of Militia Asked. Green Bay, Wis., June 1. Follow ing a day of excitement which threat ened at any moment to break into open rioting the Northern Paper mills were dark last night and strik ers apparently were absolutely in control of the situation. With the withdrawal of the last of the em ployes from the threatened plant and the shutting off machines pending the arrival of state troops asked by the sheriff, danger of an immediate outbreak is believed to have passed. The temporary victory of the strik ers was manifest when Judson C Rosebush, ireneral manager of 'the properties, met a committee of for-J mer woricers anu escoricu uicm through the mills to convince them that work would not be continued by strike breakers. Departure of the crew which has been operating the plant since the strikers quit in March was a dra matic spectacle. Under police and sheriff protec tion, scores of the men were slipped into boats and brought down the river to a landing close to the busi ness district. From the dock the men were hustled into covered pa trol wagons and under heavy guard driven to the court house. Crowds witnessed the transfer from boats to patrol wagons. From the court house the men after being paid off, left for their homes or for other cities. This ac tion was considered necessary to in sure the safety of the men, the mill j being surrounded by a crowd esti mated at 1,000 men and women. A company official declared today the mill would reoDen' as soon as adequate protection was given by the state or local autnoriues. Wife Says Hubby Sentenced to Pen; Asks Separate Support Senarate maintenance and the nietriflv nf hpr lfi-month-old babv is asked by Margaret O. Babbington in a netitinn aroinst her husband. William B. Babbington, filed yester day in district court. The Babbingtons were married May 9, 1918, in Council Bluffs. Mrs. RaKKirnrtnn rharces her husband with nonsupport and abandonment. she says he was convicted oi a felony and sentenced to the peni tentiary in November, 1919, for one voir TTe was rharced with at tempting to steal an automobile, she says. Jrle is now an employe oi ine city, according to the petition. Coroner's Jury Exonerates Motorist in Death of Girl A coroner's jury in Council Bluffs yesterday morning exonerated Geo. Lausman, 809 First avenue, Council Bluffs, from blame for the death of Flora Cue, 9, who was struck by Lausman's automobile on the Doug las street bridge May 19. The iiirv held that the street rail way company was to blame for not thng the child ott at tne last stop before the westbound car, on which she was a passenger, reached the bridge. She had rung the bell, but the car failed to stop. Testimony was that Edward Isadore. motor man of the car, had been in the serv ce only a(few weeks. . Rains Near North Platte Big Benefit to Small Grain North Platte, Neb., June 1. (Spe cial.) This section has had several rains during the past week, which ha oreatlv revived small cram that had began to show the effects of dry weather. Wheat, tnougn snort in stalk, promises nearly the average yield. Hebron Youth Admitted To U. S. Naval Academy Hebron, Neb., June 1. (Special.) Bernard Cruise, son of M. J. Cruise, has been notified that he has been admitted to Annapolis. His brother, Edgar, a student at" the academy, starts June 4, on a cruise, and will finish his course next year. Geneva School Closes Geneva, Neb., June 1. (Special.) St. Josephs parochial school held closing exercises at the parish hall. The program of drills, songs and a musical fairy play was well attended. Seven Graduate Hayes Center. Neb., June 1. (Spe cial.) The graduation exercises of the Hayes county high school were held for a clas of seven. CHEVROLET f'For Economical Transportation" iiiiiiiimiiiiiimiiiiiimiiiiiiiiiiiiiiiininmiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiil Cm, 145.a. Flirt. Ml. 85 Killed in Race Riot; n r it Many Durn m nomes (Continued From Pat Ooa.) It was filled, as was also the police station. The remainder of those gathered up are being taken to the base ball park, all under armed guard. v The trouble is reported to have started as the result of the arrest of Dick Rowland, a negro, alleged to have assaulted an orphaned white girl. Rowland was spirited out of town at 2 a. m. by sheriff's deputies and they refused to divulge his whereabouts. First attempts to fire the negro quarter occurred at -1:30 a. m. Fire men, who attempted to lay hose on two burning houses used as a garri son by about 50 negroes, were turned back by the whites. About 6:40 a. m. fires in negro shacks along Archer street were started. As the flames spread ne groes with upraised hands and ey ing "Don't shoot," fled from the blazing houses. They were rounded up and placed in the prison camps. Adjutant General Barrett took up his headquarters in the city hall and announced that Col. B. H. Markham of Oklahoma City would be in com mand of field operations of the guardsmen. Show Signs of Terror. The negroes, assembled as refu gees and prisoners, were being cared for by civic organizations and pri vate citizens who volunteered for the work. Ice water and sandwiches were being served and the wounded or sick were receiving medical at tention. Throughout the morning long lines of negroes teamed westward along the streets leading to Convention hall. Many wore their night clothes and ran to safety in their bare feet. Their sunken eyes told of a sleepless night and their ashen faces bespoke gripping fear.' Men, women and children carried bundles of clothing on their heads and backs. One old woman clung to June Sales at Thompson-Belden's Offer Important Savings in Every Department Silk Hosiery for $1.75 a pair Pure thread silk with tops and soles of lisle. A splen did hose for service. To be had in black, cordovan, polo gray and white, in the June sale for $1.75 a pair. Lamrj Shade Frames $1.50 and $2 Two sizes in wire lamp shade frames are reduced for the June sale, 18x20x 22-inch frames are $1.50, 24x26x28-inch ones are $2 each. Artneediework Second Floor Cocoa Castile Soap for lyc Hardwater cocoa castile soap is an economy at Thursday's price, 7c a cake. v Center Aisle Main Floor Silks for Sport Wear Are All Reduced in Price Novelty Sport Silks $4.95 a yard Our entire stock of novelty weaves and patterns to choose from. They are this season's materials from reputable makers, ; and offer a selection of silk crepes, Can ton, or silk and wool crepes. White Silks Repriced Thursday Shirtings, dress and blouse materials are 1 to be had at an important saving. The Silk Shop Main Floor A Real Sale of Finest Madeira Linens Larger table cloths, luncheon cloths, tea v cloths, centerpieces, scarfs, luncheon sets and doilies, hand embroidered in the finely scalloped and eyeleted patterns that dis tinguish Madeira work. The material is a fine round thread Irish linen and at the prices fixed for the June sale every piece is a splendid value. You can scarcely afford to neglect an inspection Linem Main Floor a Bible; a girl with dishevelled hair carried a wooly white dog under her arm and behind trotted a little darky girl with a big wax doll. Fires Rage All Morning. But all those who came to Con vention hall were not noncom batants. Repeatedly, grim faced men, heavily armed, whirled up to the big hall directly from the scene of fighting. With them closely guarded, were negro prisoners, cap tured with guns during the fray. After Rowland, the negro, had been lodged in jail last night, a crowd of about 200 negroes assembled outside the building. Armed white men soon began gathering. The first shot, so far as known, was fired soon after dark when a policeman killed a negro who, he said, resisted efforts to dis arm him. The body was left in the street more than three hours. A' white man was killed shortly afterwards near the court house. The crowds meantime were aug mented and the authorities then communicated with Governor Robertson and asked for troops. Fires continued to rage all morn ing in the negro section, but at 11:30 a. m. it was believed that the white residence districts which were im perilled would escape. "It would mean a fireman's life to turn a stream of water on one of those negro buildings," Fire Chief Alder asserted earlier. All persons not deputized as spe cial officers are ordered to disarm in a proclamation issued shortly before noon by Mayor T. D. Evans. Per sons carrying guns will be arrested under the mayor's orders. . Rioting Starts Early. Steady gunfire broke out shortly after daylight near the negro quar ters of Tulsa, the scene of all-night race disturbances in which hundreds of armed white men and negroes took part and which resulted in the death and injury of an unknown number of persons and the calling out of Oklahoma national guard units to put down the disorders. The firing came from a spot where, throughout the early morn ing hours, 500 white men and 1,000 A Clearance of NECKWEAR Organdy, net and lace col lars will be placed on 3ale for greatly reduced prices. North Aisle Main Floor Lisle Vests 39c Women's lisle vests with band or bodice tops in white or flesh color are a June sale value at 39c ea. Second Floor Seamless Sheets Thursday $1.49 "Cast Iron" bleached, seamless sheets (81x90 inch), of an excellent ma terial, without dressing. A very good special for $1.49 each. Sunfast Draperies for $1.25 a yard Rose, brown, blue and gold, 50 inches wide. Second Floor negroes faced each cth.t across rail road tracks. First reports to the police said that the bodies of from six to 10 negroes could be seen lying in a space described as "no man's land." Three Firemen Killed. The police also had a report that three St. Louis and San Francisco railway switchmen and a brakeman had been shot to death. The trainmen were killed, it was reported, because they refused to permit members of the opposing mobs to ride upon a switch engine passing between the lines. The en gineer was reported to have escaped. Officials had hoped that with the coming of dawn the trouble, which be gan over the arrest ot a negro late yesterday for an alleged attack upon a white girl, would die out. As the dawn broke 60 or 70 motor cars filled with armed white men formed a circle completely around the negro section. Half a doen air planes circled overhead. There was much shouting and shooting. A row of houses along the railroad tracks was fired. A party of white riflemen was reported to be shoot ing at all negroes they saw and fir ing into houses. The negroes were said to be returning the fire des perately. In a fresh outbreak at 7:30 a. m. in the Standpipe hill district in the extreme northern section of the negro quarters, Mrs. S. A. Gitmore, a white woman, was shot in the left arm and side. Mrs. Gilmore was standing on the front porch of her home when she was picked off by a negro, one of a score or more barri caded in a church. Other Crimes Charged to Alleged Postof fice Robber Alliance, Neb., June 1. (Special.) Ernest Conrad, 55, who was ar rested here May 20 and now is in iail in Denver awaiting trial on a charge of robbing the postoffice at Brush, Colo., May 10, is wanted at Louisi ana, Mo., in connection with the robbery of a mail car on the Chica go & Alton railroad near there several weeks ago. Even Better Values Than Usual in Thursday's Sale of Dresses All Taffeta Dresses Are $39.50 A choice of every taffeta dress in stock, including our most exclusive models. The sizes which remain are 16, 18, 36 and 38. Georgette and Foulard Frocks $59.50 Combinations of Georgette and foulard and all George ette, very attractive dresses in sizes 16 to 40. Light Crepe de Chine Dresses $69.50 A few unusual models in light colors, a bit soiled and therefore priced remarkably low. Hand Made Organdies in Four Groups $43.30, $46, $50, $56.75 These are the beautiful designs and colorings which have been so admired this spring. There is only one frock of a kind. Other Cotton Frocks Have June Sale Prices, $15, $18.75, $25, $26.75, $33 Imported ginghams, dotted Swisses, voiles, organdies, tissue ginghams, handkerchief linens in innumerable styles and shades. , rA Charge for Alterations. Wood Returns to Manila Following Extended Probe General and W. Cameron Forbes Complete 18-Day In vestigation of Conditions In Philippines. By The Aiaoelated Prwi. Manila, P. I June 1. The mis sion composed of Maj. Gen. Leonard Wood and W. Cameron Forbes, for mer governor-general of the Philip pines, which was sent to the islands by President Harding to investigate conditions, returned to Manila Tues day, after traveling 18 days by train, automobile, launch, horseback and steamer, through the northern sec tion of Luzon Island. The mission held scores of public meetings and private conferences throughout its travels, lisening to the views of natives regarding in dependence for the Philippines, ex amining local financial affairs, sani tation, schools, public works, the ad ministration of justice and agricul tural conditions. After visiting the central provinces of Luzon Island, the mission sep arated. General Wood traveled through the northern Pacific prov inces while Mr. Forbes traveled through the mountainous provinces among the non-Christian tribes. The parties united again on the west coast of Luzon. Favor Independence. Both commissioners said that their sojourns everywhere had been mark ed by the friendliest feelings of the natives for the Americans. At the public hearings they said virtually all the speakers among the popula tion favored independence with a protectorate by the United States, only a few advocating total inde pendence. Many natives, especially property owners, told the commissioners that they believed he present relations between the United States and the Philippines should continue indeh- nitely. Question Up to Congress. Commissioners Wood and Forbes, in a statement which was read at public meetings in the various prov- inces, empnasizcu inai uic iiussiuu had no authority to promise in dependence and that the entire question was solely in the hands of congress and President Harding They .told the audiences that tin mission had come to investigate con ditions in the Phillippines as thej exist and to report to Presidem Harding. ' Breweries Seizfed By Government Ordei Chicago, June 1. Samples of beer taken from three breweries i . j a i i'...fl.. rt nave resuueu in ino muwm , orders ordering the breweries seized. lne orders were received irom tne bureau of internal revenue in Wash ington. This action, the most drastic of the revenue bureau's weapons against law breaking breweries, was the first of the sort attempted in this district. The plants which will pass into the possession of the government ar those of the John Beilfeld Brewing mmnniv nf Tlinrntofi. Til the Ham mond Brewing company, Vest Ham mond, 111., and the North American Brewing company ot Chicago. House Committee Votes to Report Out Volstead Bill Wueliincrfnn Tlin 1. The house judiciary committee agreed today to report out the Volstead Dili, wnicn would prohibit sale ot beer on pnysi cians' prescription for use by sick. Judee Colfer Speaks Hayes Cente', Neb., June lw (Spe cial.) Memorial day was observed here under the auspices of the Loyai Leorion, the G. A. R. and the Odd N . T..J I?..! rV.1f- nf V McCook was the speaker. 5 Apparel Third Floor - w e