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THE BRUNSWICK NEWS VOLUME XXXII. NO. 67. CAPONE IN COURT IN LEGAL BATTLE TO GAIN LIBERTY Notorious Underworld l ord Now Serving Sentence in Penitentiary Fights For dnm OPENS LONG FIGHT BEFORE UNDERWOOD Federal Judge l akes Case Under Advisement When Attorneys Seek Freedom on Grounds limitation. Atlanta, Nov. 16. (A 3 )—Federal Ju-dge E. Marvin Underwood today took under advisement, the motion government counsel to dismiss A1 Ca pone’s writ fo, habeas corpus to tain his release from the Atlanta fed era! penitentiary. taking the Judge Underwood in tion under advisement gave for both sides a week in which to file briefs setting forth their contentions. Throughout the morning and into the afternoon counsel for the Chicago gangster and tjie federal government argued technical points in Capone's efforts to gain freedom on the claim that he is illegally imprisoned under the statute of limitations. Assistant District Attorney Lindsay said the question of the statute of lim¬ itations involved in the Capone case was one for appeal and not habeas corpus action. Lindsay contended that regardless of the statute of limitations the gov¬ ernment could bring to trial any per¬ son on a charge of wilful violation of the income tax laws even if the vio¬ lation occurred 10 years ago, prosecute him and obtain a conviction. The assistant district attorney said, however, that it was not necessary in the Capone case to go back ten years and that the government could have placed the violation as late as the day before his indictment. Assistant U. S. District Attorney O. A. Youngquist, in attacking the Capone petition said it “practically pleads itself out of court and it gives the government no opportunity to re¬ ply to allegations concerning the statute of limitations.’ Youngquist contended that Capone resided in Florida much of the time before the indictments were returned and that any time spent outside the federal district in which his residence was established could not apply to the period of time covered by the statute. Youngquist called the court’s atten¬ tion to the case of William Randolph Pi barton, cited by Capone counsel, in which it was ruled that the statute of limitations had run and the victim, could not stand. Youngquist said that in the Scharton case a “plea at.bar” was made immediately on victim,, which he said, was the proper procedure “This was not done in the Capone case,” the assistant attorney-general said. “The only move made by pone’s lawyers immediately after conviction was a motion to dismiss on the grounds that the statute had run. Capone’s attorneys call this a plea at bar, but it is not.” Wiliam E. Yeahy, member of Ca¬ pone counsel, took dfverging views from those of Youngquist. He said the time Capone spent in Florida and also in Philadelphia did apply to the period covered in the staute. ATLANTA GROCER SLAIN IN FIGHT WITH 3 BANDITS Atlanta, Nov. 16. (TP)—-I. Yagol, grocery store proprietor, was shot to death here last night in a gun battle with three bandits. Police said they found a pistol by Yagol’s side from which one cartridge ’ Hyman and Nathan Y„ol. Kmory University students and sons of the s am man, wore in an apartment over the st..re when the shooting occurred ^Vagoi ‘ was dead when they reached -said the bandits stole $75, PEACH INDUSTRY SEEKING LOANS Atlanta, Nov. 16. UP)— A. D. Jcnes, director of the state bureau of mar ket . and C. C. Adams, who nas been elected to succeed Eugene Talmadge r commissioner of agriculture, left today for Macon to file with the Agri cultural Credit Corporation branch i request for a loan of around otic mil lion dollars to rehabilitate the peach industry in Georgia. The application has the formal ap proval of Talmadge, who will retire as commissioner of agriculture to be -mr.e governor in January. Officials have conferred with peach growers for some time and they ad vise now i- the time to lay ou ; and f spare the 1933 cron and that f - ■ are financially unable to go ahead, The government Ipan is intended remedy th - difficulty. Jone- said that unless the loan is made the 1933 crop will be of no bene fit to the state. Trances Perkins, New York state in dustrial_ t i commissioner, eonnect.on w.th has been the labor men “ )n « ,n l.ortloho .. in . the cab.net of President. e * ect R«<>se\elt. DEEP SOUTH HIT Y SEVERE COLO Winter’s Most Powerful Visita tation Sweeps Into Sections Bringing Near Record Tem¬ peratures. New Orleans, Nov. 16. Winter’s most severe visitation swept into the deep south today, bringing near-rec¬ ord temperatures and a cold wave of widespread proportions that drove eastward from Texas in a blast of stinging winds, sleet and snow. With thermometers tumbling gen¬ erally, the weather bureau here pre¬ dicted still lower levels for tonight, with sub-freezing temperatures in the coastal states. Twenty degree weather hit sec¬ tions of Texas last night and a sleet and snowstorm swept into northwest Arkansas, causing two deaths when an automobile and bus collided in blinding snow near Eureka Springs. Mrs. I). J. West, 55, wife of the pres¬ ident of the First National Bank at Berryville, and W. L. Sneed, 45, Ber ryville business man, lost their lives in the accident. Fort Smith reported 20 degrees during the night with sleet and snow in several sections of the state. South of the Arkansas line, Shreveport, ■ - La., reported - a drop • of 48 de , *?' eeS l lnce . yesterday , afternoon w,th . the thermometer at 24 this mo rning. , Ice and killing host was 111 North Louisiana, Tn New Orleans, there was a 20 d ®«™ e 47 ’ Mem P his re P ort ' Vicksburg, , Miss., 30. Little 25, Nashville, Tenn., 29. 1 anla8 , , thermometer, , standing at 52 at 7 a. m., dropped a couple hours later to 45, with a 20 degree level, lowest of lhe wi,lter ’ indicated for to ‘ morrow morning. . POLICE CHIEF’S SON ATTEMPTS END E!EE T. O. STURDIVANT, JR., SHOOTS HIMSELF THROUGH BRLAST IN EFFORT TO SUICIDE Atlanta, Nov. 16. UP) —-T. O. Stur¬ divant, Jr., 18, only son of the Atlan¬ ta police chief, today shot himself in his right breast with a .25-caliber automatic. Just before lapsing into " J ■ l »* »“ 1 j chief ■ huntj Sturdivant and U was -ft Valdosta in south by ( « ^ f Atlanta after being noti of his son - s condition . The hoy’s SedSy'^^ould 0 ^: no reason for her son’s act. She said her son came to her this morning and kissed her before he left and seemed to be wiping away tears a * went out the door. He was a student at Tech High School in Allan ta - Tvvo "°V K Yf hich 1° had written we,e found in his pocket. Jne was ; addressed friends all the to “my over world” and expressed his pleasure in having known them and his hope “to meet them up yonder when the roll called.” The second letter was addressed to : Chief and Mrs. Sturdivant. Neither gave any reason for the shooting nor would the boy explain it to the mern hers of his family at his bedside in the hospital, Young Sturdivant was found by a passerby shortly before noon today lying in the doorway of a vacant store on Wall street, just off Peach A second cartridge was found jammed in the breach of the gun from which the first shot was fired, Sturdivant was dressed in his Tech j High School uniform. BRUNSWICK. GA.. WEDNESDAY. NOV. 16, 1932. ON JOB IBIS President-Fleet Hard at Work in Mansion at Albany Arrang¬ ing Matters For His Suc¬ cessor HF STILL SUFFERS WITH SLIGHT COLD Summons His Secretaries After Breakfast in Bed and Starts Tedious Task of Shaping Affairs. Albany, N. Y., Nov. 16. (A 5 )—Pres¬ ident-Elect Roosevelt, virtually recov¬ ered from an attack of influenza, roll¬ ed up his sleeves and went to work today on his job as governor of New York. Although he was described as feed¬ ing “fine,” he remained in his bedroom in the southwestern corner of the ex¬ ecutive mansion. He summoned his secretaries, after he had breakfasted in bed, and proceeded to dictate let and, for the first time, attacked the problem of shaping a state bud¬ get for his successor at Albany. Desiring to take advantage of at least one more day of rest, Mr. Roose¬ velt planned to see no one during the day, except his director of the state budget, Mark Graves. Planning to devote most of his work¬ ing time between now and Saturday to the state budget, the president-elect avowedly is giving “no further con¬ sideration” at the moment tq what will transpire at his conference with the nation’s chief executive. There were indications today that Mr. Roosevelt would suggest next Tuesday or Wednesday as the date for the meeting at which he has agreed to talk over informally and personal¬ ly with M.r. Hoover “the entire situa¬ tion” pertaining to war debts and oth¬ er national affairs. Propped up in bed at his first press conference in five days, the New York governor late yesterday revealed that the cold with which he went to bed last Friday developed into “a slight attack of the flu.” “I ached all over,” he related, “even to the top of my head. But I feel all right now, although a little weak.” FOR STATE SCHOOLS DES1MIE reduction in appro¬ priations SYSTEM EXPECT¬ ED TO CONTINUE WORK Atlanta, Nov. 16. UP )—Despite a 14 per cent cut in state appropriations “the prospects now are that all coun¬ ties in the state will continue their schools in operation until the Christ¬ mas holidays and reopen as usual in January,” says Dr. M. L. Duggan, state superintendent of schools. He discussed the school situation today after conferring with his state supervisors of schools yesterday. “Of course, local school taxes are coming in slowly, and none of the schools has as much money as it or¬ dinarily does,’ ’he said. He added that “about 80 per cent” of the state school appropriations of $4,400,000 had been paid and that so far, re¬ ceipts from the gasoline tax fund have held up to about normal. In addition to the $4,400,000 by the state appropriation (now . reduced , . 14 per cent) about $2,500,000 is paid fuel the schools from the gasoline and oil tax fund. The 14 per cent cut does not apply to the latter fund. The 14 per cent cut does not apply to the latter fund, although it may be less than the $2,500,000 if the receipts from this source show a slump. The supervisors, J. O. Martin for north Georgia; J. S. Smith for south¬ west Georgia; Paul Ellison, south¬ west Georgia, and J. 0. Dixon, state supervisor for negro schools, were in the superintendent’s office during a part of his discussion of the school situation. Mr. Duggan paid tribute to the loy¬ alty of school teachers of Georgia for carrying on their work despite the stress of the depression b JS nodded their assent. “In some in stances, the teachers have been teach ing on Saturdays, in order that the number of days in a term may not be lessened and that the children might be given the advantage of as many school days as possible. These teach ers have undertaken this extra day of work despite a cut in their pay.’ The supervision! likewise wen loud in their praise of the teachers for “bearing the burden” of educat ing the youngsters of Georgia. They said that most schools of the state would operate this year on about the same basis as last year, a- regards : length of terms. In the 1931 term. Dr. Duggan said, a total of $18,250,000 was paid out for operation of public school- in Geor¬ gia. Of this amount the state fur riished $6,154,000, the remainder coming from local school taxes. Dr. Duggan’- term a- superintend ent ends in January. To Head U. S. G. A. Robert M. Culling, of Chicago, is slated to succeed Herbert Ramsay of New link as president of the United States Coif Association for 1933. Socially Prominent Philadelphia Couple and Maid Attacked and Thieves Get $0,000 in Gems and Cash. Philadelphia, Nov. 16. (A 3 )--Mi;, and Mi's. G. Harrison Erazier, Jr., socially prominent Philadelphians, and a nmid were bound and gagged and threaten¬ ed with torture in their Chestnut Hill home early today by two burglars who escaped with $9,000 in jewelry and cash. For two and a half hours, they lay helpless on the floor of the living room, struggling with cloths and ropes with which the robbers had bound their hands and feet. Finally Mrs. Frazier managed to crawl to an asli tray, strike a match, burn her own bonds and release her husband and the maid. With the victims unable to move, the burglars lighted matches and threatened to burn Mr. and Mrs. Frazier’s feet unless they told where their valuables were concealed. They also threatened to burn the maid, and finally learning the loca¬ tion of the jewelry and money, they started a systematic clearing out of clothing and other articles. Frazier is the son of G. Harrison Frazier, identified for years with the sugar industry, and a great grandson of George L. Harrison, founder of one of the great family fortunes of Amer¬ ica. HOUSE GROUP WILL PROBE ELECTIONS Washington, Nov. 16. t/P) The house campaign comrrfitt.ee, headed by Representative Raeon, Arkansas Democrat, decided today to ipvesti gate last week’s elections in Penn¬ sylvania and Delaware. The committee will staid its hear¬ ings tomorrow at 10 a. rn., in the | Philadelphia federal building. Philip r ,. ook asK istant sergeant at arms, was Kiv< , n w subpoenas to serve in Philad( .i ))hia lhis afternoon. The subpoenas were for General Edward Martin, state treasurer and chairman of the Republican state committee; Blakely D. McCoughan, treasurer of the Republican state comrpitt.ee; James W. Hazlett, Phil adelphia Republican city committee chairman, and .John J. McKinley, Jr., city committee treasurer. The committee will sit in Philadel¬ phia tomorrow and Friday. The time for the Delaware investigation has not. yet been fixed. This committee is empowered to in¬ vestigate only elections to the house of representatives. warned j TO LOOK OUT FOR j | CARS’ RADIATORS ; ; i Atlanta, Nov. 16, (/P)- -With an ! icy wave hearing down on Georgia from the Canadian Rockies, George H. Middling, federal weather forecaster here, today j warned their auto motorists radiators. to look out for i He also said housewives should I take precautions to prevent frozen water pipes. Middling said a drop to 20 de¬ gree-, the lowest, point this win¬ | ter, was predicted here by morn¬ ing. The day dawned with a min i inurn temperature of 52 degrees arid shortly afterward the ther¬ mometer began a downward 1 . plunge, falling to 45 degree: by 9:45 a. rn. HOOVER PLUNGES FOREIGN DEBTS Immediately Upon His Return to Washington This Morning He Calls Advisors For Confer¬ ence RFI D AND MILLS ARI: AMONG HIS CONFEREES Chief Executive is Making Preparations For Meeting With Governor Roosevelt at White House. ! Washington, Nov. 16. i/P) Con fronted by the pressing war debt dif¬ ficulties, President Hoover quickly j went, into the matter with his advis ors on return to Washington. For almost half an hour, the secre¬ tary of the treasury Ogden Mills conferred with the chief exeeiilive. He and the secretary of state, Hen¬ ry Stimson, were among the cheering throng which welcomed the president and Mrs. Hoover at the station in the early morning. Mr. Stimson had a luncheon en¬ gagement at the White House, with opportunity to help the president on arrangements being made for the meeting soon to come between him and President-elect Roosevelt. Although official information was lacking, the impression in informed quarters was that this country would insist on some sort of payments on amounts due from the debtor nations December 15. How accurately Ibis represented the administration attitude remained purely conjectural, however, none of the high officials familiar with the situation being willing as yet to state their views for publication. Among those who called at the White House was Senator Reed, of Pennsylvania, a Republican leader, - who was one of those consulted at the time the moratorium was an¬ nounced. Reed stayed with the chief execu¬ tive half an hour, and had no com¬ ment on their conversation on leav¬ ing. In the senate last July, Reed reit¬ erated opposition to revision of the debts. He said: “The people owing ns are paying many times for arma¬ ments wind they are required to pay us.” Later the Pennsylvania senator vis ited Europe, and on his return said he felt that most of the countries owing the United States were “bet¬ ter able to pay than we are to can eel.” Representative Parks (It, Ark,), today told newspapermen llmt “any attempt, to have this or the next con¬ gress extend the Hoover moratorium or revise the war debts will meet in failure.” Gibbons Teaches St. Paul Coppers Many New Tricks By I). It. MACKNESIK Associated Press Stall Writer St. Paul, Minn., Nov. 16. UP) Mike the phantom, teaching St. Paul policemen tricks new to them hut old to him, lias changed his tune. He’s fighting kid crime today by proxie 325 proxies, the St. Paul po¬ lice department’s personnel and where it once was “poke him in the jaw,” clout him in the body,” when the phantom Mike Gibbons was in the hey-day-of his middleweight box¬ ing career, it’ now “one-two-three, then kick him in the shins if neces¬ sary.” During a moment of respite from his : pai ring with pen and pencil map¬ ping out a program, Mike outlined his ideas on the- job of physical director of the police department to which he has been provisionally appointed to pare poundage from ponderous po¬ licemen. The girth control business will be his biggest job besides teaching box¬ ing, wrestling, disarming, running, kicking, and other tricks. “I will teach them aggressive fighting,” Mike explained, referring to the younger athletic officers. ‘/When one of the boys meets a tough mug in ari alley he doesn’t ward, He to box ari hour to win a decision. wants to heat him quick.” If fists fail, the phantom sugge • a kick in the shins. “There is a right way and a wrong way to kick a man,” j he said, “the right way being to | shoot the foot straight football.” ahead, riot up, a; in hooting a NAMED EVSPEt TOR Atlanta, Ga,, Nov. 16. (A’> W. B. i Harrison, insurance commissioner of ! Georgia yesterday appointed Hal 1 Hutchens of Dallas, Ga., state fire I inspector to succeed J. Albert Sharp, resigned. Hutchens for more than 10 years has been a special agent in Georgia for the National Board of Fire Underwriters. 'I he fire inspector investigates case:- of at -on and sus¬ pected arson. Named Correspondent Hetty Hill, movie script girl, was named by Eleanor Boardman as co¬ respondent in her divorce soil against King Vidor, movie director. Master of National Grange Makes Dublin Flan to Be Pre¬ sented Congress at Short Session. Winston, Salem, N. Nov. 16. (A‘l A “double header” program for the relief of agriculture to he pre¬ sented the coining short session of congress was outlined by Louis ,1. Ta¬ ber, master of the National Grange, in tin address at the opening of that organization’s annual convention to¬ day. “Four essential steps should he dr mandril trom t tie next, session of congress,” Tuber suid. “They are: "I. An amendment to Lhe federal marketing act providing adequate machinery to deal with the surplus problem and to lift prices. “2. Monetary stabilization which shall make an ‘honest dollar’ mean exactly that, lo debtor and creditor alike. “3. Gredit machinery to prevent foreclosures, In reduce interest charg es and to give the farmer a fighting chance tn hold his farm and his home. “4. Reduction of governmental costs, local, state and national, and a lightening of the burdens on real es late.” Amendments to the marketing act suggested by the Grange bead were: “To provide for a bi-partisan board; to restore to lhe hoard funds spent for wheat given to charity and to Ghina; and one substituting for stabilization some additional method nl lift ing farm price: Gontinuing his discussion of the Grange’s legislative policies, Taber said “distribution costs niiisl. be re¬ duced so that the fanner may receive a larger share of wlmt the consumer pays” and that “the Grange will con¬ tinue to advocate the export deben¬ ture or some equivalent, method as a compliment to the protective tariff structure.” “We must oppose any repeal or change in the IHth amendment that does not make for true temperance,” lie continued. “The return of the sa¬ loon in any form would be the na¬ tion’s greatest backward moral step.” Taber opposed proposals for “a general moratorium on farm debts,” a “farm march” on Washington, and “the proposal to relieve the unem¬ ployed by removing large numbers from the cities to the farm." SHORTER WORKING WEEK NOW SOUGHT IN TEXTILE MILLS Spartanburg, K. Nov. 16. UP) A shorter working week for textile mill employes wa favored by the hoard of directors of the Gotten Tex¬ tile Institute in a resolution adopted at a meeting here yesterday. the George A. Sloan, president of institute, said after the meeting he was honeful of the future for the tex¬ tile industry “because of the recent fine demand for its products.” of the Sloan announced the move directors is going on record as favor¬ ing a shorter work-week and also as opposed to night work fur women and children. LOAFERS FIRED Moscow, Nov. 16. UP)- The Soviet government issued an order today dis¬ charging all workers who loaf one working day a month from a addition job without valid excuse. In loafers are deprived of food cards and lodging . Heretofore workers have been allowed three absences monthly before action was taken against them, COUNTY SNOW HOUND Von Wert, O., Nov. 16. UP) j day. Van Wert Twelve county inches was of snow hound fell dur j snow ng the night and today buses, trucks arid other vehicles were down in the drifts. PRICE FIVE CENTS TAX MED FOII Outgoing Congress Will Have Opportunity to Vote on Both Measures Before They Re* tire | TREASURY EXPECTED TO tilVH APPROVAL In View of Mounting Deficit It is Believed Department Will Recommend Another Revenue Source. Washington, Nov. 16. (/!’)- The out¬ going congress apparently wfill have another opportunity to vote on both a manufacturers’ sales tax and beer before it. passes into history March 4. Congressional leaders close to the administration have indicated they will not be surprised if the treasury rec¬ ommends a sales levy in view of the mounting deficit and the failure of new taxes to producle expected revenue. Also, a vote on modification of the Volstead act to legalize beer for re revenue purposes lias been predicted by most of the lenders of both parties in view of the wet strength displayed in the general elections. The present, congress rejected tho sales lax and beer last spring and the attitude on those issues of the. nearly 200 “lame ducks" resulting from the primary and general elec¬ tions sill is unknown to the party leaders. Wei organizations contend sufficient gains have been made in tho present congress since adjournment, last. July to make immediate modi¬ fication of the Volstead act possible. Dry i’i groups hold the opposite view. ohibitionists in congress, led by Senator orali of Idaho, are prepared to oppose Vigorously any attempt to legalize beer. Uepreesntative Rainey leader, of Illinois, Democratic floor doubts that, sufficient wet strength has been gained to overcome this opposi¬ tion. Rainey said yesterday that “this is a dry congress.” He predicted both beer and repeal of the eighteenth amendment would pass in the new con¬ gress with ease, adding that a special session for that purpose should he call¬ ed early alter the inauguration of I'resident-Elect Roosevelt. Already surveying lax possibilities, Chairman Collier of the house ways and means committee that drafts tax legislation, said the revenue bill en¬ acted last, spring “has fallen far short” of the $1,118,500,000 yield estimated by Secretary Mills for this fiscal year to meet, an anticipated deficit of $1,- 24 1,0(10,000.” months The deficit for the first four <>r the fiscal year was placed by the treasury around $625,000,000. Sena¬ tor Reed of Pennsylvania, administra¬ tion : pokesman, has predicted first re¬ turn:: I'rinii increased income faxes next. March 15 “will fie surprisingly low.” Chairman Mead of the house post office committee said the increased postage rates not only will “luil to produce the $160,000,000 estimated by the treasury, hut have actually reduc¬ ed the value of mail to such an extent the total return will he less than at, the lower postage rate." ROOSEVELT LEADS HOOVER MORE THAN 6,500,000 VOTES Washington, Nov. 16. (/!’)— Frank¬ lin I). Roosevelt’s plurality in the presidential election stood today at. 6,451,302 over President Hoover’s vote. The total vote for all candi¬ dates thus far compiled by the Asso¬ ciated Press is 37,199,946. Figures were complete today for only fourteen states. Tabulation showed Roosevelt had received 21,506,742 ballots arid Pres¬ ident Hoover 15,055,440. Until the official count in the var¬ ious dates has been completed, lhe standing of the various minor party candidates cannot be computed. received Iri the returns, thus far Norman Thomas, Socialist candidate, has a total of 566,301 votes. THREE MEN SLAIN IN STRANGE CASE Rocky Mount, Vn., Nov. 16. (A 3 )— Three men were killed here yesterday evening and early this morning, two while they were keeping watch over the body of the first victim after it had been taken to his home. The slayings took place in the Un¬ ion church section of Franklin county, near Johnson’s Mill, ust across the line from Patrick county. The dead are: Ernest Shelton, Hen¬ ry Holly and “Dump” Adkins, all white. Adkins was killed during the late afternoon and Holly and Shelton about three q’clock in the momng. One man was held in jail here in connection with the case. Circum¬ stances surrounding the shooting:# could not be learned. Officials an# onntinuim/ thpir invpufiff&tion.