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About Athens banner-herald. (Athens, Ga.) 1933-current | View Entire Issue (Jan. 13, 1935)
eI > cOTTON MARKET apae vees:l2%¢ DLlNG.iccoe veee oo r;!z[év. CLOSE.... »ens «0:12%c /e L R S p——. o Washington Lowdown o —o— — Rodney Dutcher The Oil Case Why It Was Lost |s Court Rebuke ganner-Herald Washington Correspondent.” \\'ASHL\'(}TON.—-H you never happened 1o think how compkate- Jy you're governed by lawyers, this seems like a good time. The President, who proposes the New Deal laws, is an ex-lawyer. Congress, Wwhich mulls over and passes them, is made up chiefly of Jawyers. A host of lawyers in the jederal agencies helps prepare and administer legislation and then defends it in the__(:ourts. \iost of the aaministrators are lawyers — Richberg, Ickes, Hull, and so on. Finally, the laws are approved oOr tossed out by nine ex-lawyers known as the Supreme Court. That last group of lawyers has just expressed an angry peeve against the rest of the gang and served notice that both the laws .nd the cases before the court must be properly prepared. One result of its blast is likely {0 be a shakeup in the solicitor general's office at the Department of Justice. This interpretation of the court's rejection of Section 9C of NIRA~ in the oil case, first bhig test of New Deal legislation—is the one [ get after distilling 4 couple of days interviewing of many of those other lawyers. When the news first came, some of the boys felt as if they had Leen. out skating and somebody had suddenly stolen the ice. But after a great yell from all around town for copies of the decision, met in some cases by quick photo stating, study began to show the decision to be based on absence of 2 mere few words regarding limiting standards for the Presi dent's power to bar “hot o0il"— which Justice Cardozo felt might be considered as implied without need of actual expression. There was no denial of congres sional power to delegate ‘the right to stop “hot oil” or anything else, assuming the delegated power were properly hedged. No one is in position to predict further Supreme Court NRA and AAA decisions, but the oil decision seemed to threaten no danger to codes unless similar mistakes are made. Everybody had known the oil case was a weak one, though whether most blame should attach to the Justice Department for dragging it to the court or to the Petroleum Board for insisting on fighting it through is still being debated. The forcement section of the oil code had been inadvertently omitted at one time, which threw the code out from consideration in this case and left only the presi dential regulations. Lawyers most intimate with the court and its members insist that the court—always. a stickler for ood presentation, itk own dignity, and good legal work, as well as faultless legislation—was simply good and sore and intent on de livering a rebuke. Sflcmaries to justices have com- Plained they were getting govern ment briefs so unsatisfactory that, \l’horea.v. they had usually relied on such briefs for source material, their bosses had made them go back to original sourcés and vir tually compile new briefs for guid ance, S Justices have been “leaking” Vord to the White House for some fime that they felt insulted by i’m“‘th‘: the DA'J. p_resemations, E m"lrmjs‘t satisfaction they got (;‘_ngr;l l] dsfumnce that Solicitor not b; in‘ni ;.( P Biggs worta ture im f( ted on them in any fu- S portant cases. léxs;ltt}](?l?gq?ttof'ney General Har st 18\\'\'91: hin t‘}:{sl_)(:onsidered the N it T eth . J., but when court took hi nf ‘(‘ o ca.se the Chief .Tuq‘r.“\ or a bad ride. : htd other m“ e Hughes‘ Brandeis, sarcastic in l(‘“(’,‘(\‘s.\\({re rleghl i e o 1 Qlsstions' S e Wl Xecutive orders operated under e 1 hr; and code decrees. khat the ofl ”.;‘:rm to predict then il case was lost. Steph (Continued on Page Two) LOCAL WEATHER Cloudy with slowly rising temperature, followed by occas ionaj light rain in west and north portions Sunday after 00N or night; Monday rain and colder, much colder Mon day night in north portion. ITTTT—— . TEMPERATURE Highcst.._, shen s Ry v i Lowest, eoes T R R SRS Mean.... sess sied madeaiy RN Normaj, , S 5 00w ven ol U G RAINFALL Incheg last 24 h0ur5....... . o.ot Total sinee January 1...... 2.8% Excess since January 1..;. .85 Average January rainfall... 4,82 ATHENS BANNER-HERAILD Full Associated Press Service Georgia Legislature Convenes Monday For 70 Days Amelia Earhart Is First Bb Complete Hawaii.Californis 1 AMERICAN AVIATRIX CONQUERS PACIFIC IN DARING FLIGHT Ends 2,408-Mile Hop in Eighteen Hours and Sixteen Minutes LANDS AT OAKLAND Big Crowd Creets Blonde Flier at Finish of Flight Saturday - BY LOUIS ASHLOCK (Associated Press Staff Writer) (Copyright, 1935, Associated Press) QCAKLAND, Calif.—Through the clouds, fog, capricious winds and some hair-raising silence, Amelia Earhart Putnam emerged out of Pacific skies Saturday, landing here to complet: the first solo flight ever made beiween Hawaii and California. ‘The famous aviatrix flashed into Oakland like a red streak and landed at 1:31 p. m. P.S.T. (4:31 p. m. E . S.T.) 18 hours and 16 minutes out of Honolulu, 2,408 miles across the ocean. ' Not satisfied with two aerial trips across the Atlantic, one of them also a solo hop, and a long list of other honors already to her credit, the famous 36-year-old avi- atrix challenged the Pacific as no other person, man or woman, ever has, and won neatly but not with out a battle. Swoops Down Quickly So quickly was her swoop down on the airport that watchers did not recognize her swift red plane ot fiat. g’ When the crowd realized she had arrived at last, after more than three hours of anxious waiting and confusion over her whereabouts, it set up a mighty cnieer and surged onto the field. The cockpit popped open and Miss Earhart met the oncoming hundreds with a smiling face. The feminine instinct asserted itself in the geath daring aviatrix »nd she pullid a comb out of her heavy fur flying suit and fixcd wup her tousled, blonde locks, Wastes No Time She didn't waste a foct of dis-~ tance or a second of time. She dig@ not circle the field as a ges ture of delight over her extraor dinary and exciting feat. She slia straight down to the runway and (Continued on Page Two) Birthday Ball Group Will Hold Luncheon Meeting Tomorrow Committees for the Roosevelt Birthday ball will meet tomorrow at 1 o'clock for luncheon at the Georgian hotel, as guests of Mayor A. G. Dudley, member of the ad visory committee. At that time further plans will be discussed for the affair, which is expccted to be larger than any entertainment ever held here. Tickets, which are being pre pared by Charles E. Martin of the finance committee, will be ready by then, it has been announced, and the ticket selling campaign will begin this week. Definite an nouncements as to members of the general sales committee will be made soon, it was stated and plans for organization for the sale of tickets will be made at the lunch eon tomorrow. Mrs. Lamar Rucker is chair man of ticket sales. Bob Gunn is general chairman for the Ball. THE NEws IN A NUTSHELL Superior court begins trial of] eriminal cases tomorrow, conven-‘ ing at 10 o'clock. W. E. Whitehead, Carlton, elect-l 2d president of Georgia Division Calhoun Highway association. t College of Agriculture :mnouncesl conference of specialists next week | to attract about four hundred visi-| tors to Athens. ’ County officers capture man wanted in Gordon county for high way robbery. §sso reward. Read the story on the sport page page about _he Athenian who was judged the best developed man in the United States. Mr. and Mrs. D. R. Freeman cele brate golden wedding anniversary in Ila. 2 Rev, A, E. 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She is shown above with her plane in 2 pic ture taken several days ago. 4 Congressional Leaders Map Plans For Session i | ! | i I 8 i |i| i y i ' 5 | | — e | |« Spa )| | ‘Square Deal Association’| ¥ : : ! { Calls on Public to ‘Break| i ¢ s { | Dictatorship | I ! e lialist % | NEW ORLEANS —(® — Sena- | Itm‘ Huey Long's industrial pension | 1 !law was enjoined Saturday in thei i federal court here while the| "‘Smmre Deal association,” organ-l li:}.sd at Baton Rouge to reéstore; | “constitutional government’” called | on the people to stand by them in: their movement to ‘“break” the | Long dictatorship. i i It was announced in federal dis- | gtri(‘t court that Judge Wavn? (I,] ;}"m‘uh had signed an injunction; | temporarily restraining Attornfl_\'l i(:enoml Gaston L. Porterie from! | enforcing the Industrial Pension | jlaw passed at Long's request by | { th> third special legislative ses- | [ sion of 1934 and had set a hearing | i for January 25 before a three-judge | | federal tribunal. 5 { | Suit was filed against “the law| ;h_\' the Standard Oil Company of ! | Louisiana and the Standard Pipo-g | line company, an affiliate of Stand- i | ara Oil, who alleged trat their S4O,- | | 900 000 industry in Louisiana \v;w! (Contirued on Page Six) By Jack Braswell ty years as pastor, preaching an- | niversary sermon in same church he delivered first sermom. Georgia legionnaires will assem ble in Macon tomorrow to meet their new national commander, Frank N. Belgrano, ir.,, of San Francisco, who will pay his first official visit to thi« state. In its biennial report to the' governor and the gkneral asem-' bly, the highway board of Georgiai shows revenue receipts during the| fiscal year ended June 30, 1934 of! $14,113,836. o i g H. B. Mitchell, alumnus of tlge! University ang a resident of Ath ens gave a message to the Banner- Herald yesterday with a plea to (Continued on Page Twa) —ESTABLISHED 1832— Athens, Ga., Sunday, January 13, 1935. New Ways of Expediting Action on Bonus and Others Prepared WASHINGTOU—(#P)—New ways of expediting action on the bonus, social insurance, “nuisance tax” extension and the President’'s relief appropriations were mapped Sat urday by cengressional leaders. Although bhoth house and senate were in recess with nothing of par- ticular consequence in immediate sight, arrangements were being made for the senate to take up the world court protocol and the house its second wannual appropriations bill on Tuesday. 5 At the same time, one leader, Chairman Doughton (D.-NIC.) of the house ways and means com mittee, made a “guess”’ for the first time as to what his commit tee will do on the bonus. “I think it will report out a bonus bill,” he said. House and senate leaders have said that a $2,100,000,000 cash pay- (Continued on Page Two) IMPORTANT SAAR VOTE SET TODAY Hitlerites Are Expected to Hold Upper Hand in Re union of Basin By MELVIN K. WHITELEATHER Copyright, 1934, By The As sociated Press, SAARBRUECKEN, Saar Basin Territory. — A ding-dong, rough and-tumble campaign, in which Adolf Hitler and ~his Nazi regime were the main issue, at an end, the Saar today will choose its fu ture national allegiance. The plebiscite, the last of 12 is suing from the World War will be held exactly 15 years and three days after the treaty of Versailles went into effect. Experts call it by far the most important consultation of public opinion resulting from the = late Woodrow Wilson’s famous doc trine that all peoples have the right to decide as to the rule un der which they wish to live. " Through Wilson, it was recail ed, the United States is responsi ble for giving the 790,000 residents of this rich industrial region their opportunity to choose among con tinuance of League of Nations government, reunion with Germany or union with France. On thoes three issues the Saar’s 543,328 qualified wvoters-—qualified (Continued on Page Two) HAUPTAAANA WILL BE JSKED 7 QUESTIOS B ATTOREY PELY BY JOHN FERRIS (Acczociated Press Staff Writer) (Copyright, 1935, Associated Press) FLEMINGTON, N, J. — (#) — Bruno Richard Hauptmann's wit ness stand fight against the :lec tric chair, his lawyer annaunced Saturday night, will consist of ans wers to seven questions—and six of the answers will be “N." Hauptmann's wife, Anna, will follow her husband on the stand. 'he defense expects the state “to accord her the sam? consideration the defense has shown Mrs, Lind bergh,” mother of the baby for whose murder Hauptmann is now on trial, 3 Seven Questions . Said Edward J, Reilly, Haupt mann’s chief couns:l, Saturday night: “I think we shall ask Hauptmann only seven questions. '‘'he ques tions, and their expected answers, are: : “]l. Diq you kidnap the Lindbergh baby? A—No. + “2 . Were you in Hopewell, N, J, sthe night of the kidnaping? A— NO.. G “3. Did you make the ladder which the state contends was used in gaining admission. to the Lind bergh nursery?) A—No. “4, Did you go up that ladder to kidnap the Lindbergh baby A—No, “5. Were vou in New Jersey the night of the kidnaping? A-—No. “g. Did you . write the ransom notes? A—No. g “7. Where did you get the money that was found in your garage? iA—From Isador Fisch.” ‘Although Hauptmann's direct examination, as outlined Saturday (Continued on Page Two) 3THIKE TROUBLES ARE COMPLICATED Threats of Spreading Dif ficulties Halt Negotia tions for Peace BY ROBERT BUNNELLE (Associated Press Staff Writar) ROSSVILLE, Ga.— (#) —Threats of spreading labor trouble and sympathetic strikers Saturday night complicated negotia’ions for peace between the BRichmond Hos fery mills and striking employes. Local unions at several plants across the Tennessee line and in the Chattanooga industrial district held meetings Saturday ang al though thrre were no announce ments of purpose various informed sources told cf unrest over the en tire area. The Richrmond mill and ite sub sidiary at Daisy, Tenn., were clos ed for the week-end while negotia tions for settlement of the strike continued. Both plants, officials announced, expect to be in full operation Monday with old em ployes who have stuc®: by in spite of the strike call and new workers hireq to replace strikers, At the Richmond mill where a wage reduction officials said was (Continued on Page Seven) Best Developed Man In U. S. Tells Story In His Own Words Did you know that an Ath enian won first place in‘a na tionwide contest in which thousands upon thousands of men competed for 'selection as the best physically developed specimen of manhood in the entire nation? You will find this interesting story on the sport page of to day's Banner-Herald together with an announcement which will prove of interest to you if you are inclined to paunchi ness, flabbiness of muscle or just generally not up to what you ought to be. 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R iy LR e ; . } o s ",“:-: B RO A iORI AR s YAN AR & S - e - ED RIVERS UGENE TALMAL Governor Eugene Talmadge, shown speaking at right, will tell the Georgia legislature what laws he wants when the assembly meets in Atlanta tomorrow. The governor has picked State Scnator Charles Redwine (upper left) for the presidency of that body and Representa tive Ed Rivers (lower left) for re-election as speaker of the house. Many Old Faces Reappear Among State Legislators Only One Senator Will, Return From 1932 | Body, However , By JACK BATES l Associated Press Staff Writer | ATLANTA—(#)—Although Geor- ! gia's two legisltaive bodies were ! virtually transformed at the last elections, a great many old faces will reappsar at the capitol Mon day to begin the 1935 sess.on, i The new general assembly has | added one more authority to its| ranks—an authority on the game | of bridge. Otherwise it takes in | the various trades and professions | of its people. » | Despite the members of the sen- | ate, a simple ‘calculation shows; that it is made up predominently | 29 have served previously in both | 29 have serevd previously in both | branches. | Only one senator, however, Wil- | liam M. Lester of the 18th, was ! returned from 1932. i The house likewise boasts few | hold-overs, yet more than half of: the membhership is composed of — i ** (Continued on Page Twn) ; l WL PR et Nppn——— 'SUPERIOR COURT | | : . RE-OPENS MONDAY | g ? Criminal Cases Will Be | Tried During Second | ] - | Week's Session i ! Trial of criminal cases will be-| gin in Clarke Superior court tu-i morrow in the second week of the‘ January term. Court conveneg m% 10 o’clock with Judge Blanton Fort-! son presiding and Solicitor Gener- | al H. H. West in charge of the prosecution. i Armong the cases which will be] tried during the week is that ot‘i |the State versus W, C. Thornton,! ljr., who is charged with lnvolun-g tary manslaughter, as a result™ of | !the death of Frank Cape, a taxi-g |cab driver, Christmas day from in- | juries received in an automobile! wreck, when an automobile driveni by Mr. Thornton collided with the; lcar in which Mr. Cape was riding | on Milledge avenue. { John Henry Thomas, a Negro,‘ 'will be tried for the murder ot‘ ißobm't Byrton, also a Négro. This | jcase was passed at the last session | of the court on account of the ill- | ’ness of Thomas J. Shackleford, at-} torney for the defendant. : George 1. Morris, who was ar- | rested here at the Georgia-Tech football game for picking the pock et of Senator James H. Skelton, i o ¥ 4 (Continued on Page Two) l W A. B. C. Paper—Single Copies, 2c—s¢ Sunday UNIERSITY DEAN'S [ Forty-One Students From Athens and Community - | Make High Average : | TPorty-one students from Athons| and vicinity are included on the| current Dean’s list of the Univer-' sity of QGeorgia. To make the) dean’s list students must have an averag: of 87 in all work for which | they are registered. | Local students so honored are,| Athens: W. Taplev Bennétt, son of | Mr. and Mrs. M. T. Bennett; How- | ard S, Brandon, son of Mrs. G. W. | Rrandon; Lucy Evelyn I)urkhalt?r:i Ora Lee Christian, daughter of Mr. | and Mrs. R. F. Christian; Rufus S. | Crane, son of Mrs, R. S. Crane; | Mary Lamar Erwin, daughter of | Mr. and Mrs, H. C. Erwin; ancns! Hawkes, daughter of Mrs. Gmce! Hawkes; George H. Heidler, son of | Mrs, H. S. Hg:idler; Deupree Hun-! nicutt, jr., son of Mr. and Mrs.| Deupree Hunnicutt; Mrs, E. J.| Cook, daughter of Mrs. Ula Fort-| son Hunt; Walter Jennings, son oti Mr. and Mrs. W. R. Jennings; Richard Joel, son of Mr. and Mrs.! Abe Joel; Dorothy Kimbrell, daugh- | ter of Mrs. C. B, Kimbrell; A]ico' Morrow, daughter of Mr. and Mrs. | P. 1. Morvow: Oscar B. T\Tc'Ra(’.i son of Mr. and Mrs. O, B, Mcßa<; | sary Elizabeth NiX, daughter of} (Continued on Page Two) } LEGISLATIVE BRIEFS By The Associated Press ATLANTA—(#)-~Here are some facts and figures about the Geor gia legislature’s approaching meet ing. Time: 10 a. m., central time Monday. Place: State capitol. Length of session opening Mon day: 10 days. (The regular, 60- day biennijal sessibn will follow immediately the 10-day session.) Presiding officers: Charles Red wine of Fayetteville unopposed for election as president of senate; Ed Rivers of Lakeland unopposed for speaker of house, a post he now holds. : Next ranking officers: Prestgn Rawlins, of Mcßae, slated for elegtion as president pro tem of HexE BATTLE O LIQUER QUESTION EXPECTERD T 0 BE HeHeaT Little Opposition Seen For Pet Measures of Governor Talmadge HOLDS WHIP HAND Tax Revision Also Likely To Be One of Main Objectives By BEN F. MEYER Associated Presc Staff Writer ATLANTA ~— (&) — Confronted with a bitter fight over thz liquor issue, the Gyorgia Legislature. meets Monday in a 70-day session expeécted to bring momenteus changes in state laws and in a‘tutq, governmental opsrations. ke The fight over repeal or liberal ization of the state’s bon: dry lip uor laws is expected to be the highlight of the entire session. The clamor for tax reduction is expect ed to make this the next most controversial issue, % Although the controversy over prohibition and tax reform have stolen the spatlight of interest from the legislation sponsored by Governor Eug:ine Talmadge, ad ministration forces are planning to push through the governor's biils before the assembly becomes em broiled in dispuets over oth:r is sues. Al With Talmadge expected to) hold the whip hand, his bills are ex pected to be passcd in rapid-fire order by the 205-member. halise, and ths 51-member senate. The governor's selections for president of the. senate—Charles Redwine of Fdyetteville—and for the speaker ship of the house—Ed Rivers of Lakeland-—are .expected to be elect ed without opposition. . . : The chief items of business ex pected to comg before the assem bly are: e, i .. Repoal or modification of the prohibition laws, with many legis lators saving the assembly will legalize. beer and submit h whisky question to the peopie;’%fif referendum, The drys wang a ref erendum ¢n both, and they want it on the county unit plan. 2. Tax revision. Speaker Rivers will' ren=w his f{ight for a sales tax. There is much agitation for a rcduction in ad valorem (propgr ty) taxes, and a proposal to %~ empt homesteads from taxation up to 82,500 or SSOOO has found favor in many quarters, 3. Ad4a tional fingncing of pulilic hite AL (Continued on Page Twoy ' . 4‘!:. Miss Martha Berry, ! vt Founder of Schosl, H dby Alumai onored by Alums MOUNT BERRY, Ga. — 4 & . The woman trespensible Fm'_" e growth of the schecols she ftlu‘:gde«! 22 vears ago in a 4 log cabin-+iss Martha Blrry-——Saturday was hion oreq by students and alumni. Here in the hill country, of nesth Georg’a pre lecated the scheols Miss Berry has developed. Thére are now a hundr:d buildings on 22,000 acres of land with c¢ver 71 - 000 students. The exercises marking the thirty - third anniversary of the founding were held in Mount Berry chapel Mors than 1,500 students, alurani and members of the faculty'were present : Students presenteqg gifts worih several hundreds of dollars. There was a full program of school songs and addr-sses by members of the faculty and alumni as well as stu dents. iy senate; and Elis Arnall of Newnan ifor speaker pro tem of house. | Secretarial officers: = John W. | Hammond of Macon unopposed for secretary of senate and Andr:w Kingery of Summit for elerk of } house. 3 | Pay of presiding officers: $lO a - day. o 4 | Pay of representatives and sena tors: $7 a day. _Pay of semate segretary S6O a day and house tlerk S7O a day. Out of each of these salaries, however, ‘the secretary of the senate and clerk of the house must employ ’clericnl help for the two house Schedule of the first’ few days: (Continued on page four)