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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. Logan completes twen-
Wins Battle With Pacific Ocean
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N R S AR R
Amelia Earhart Putnam, daring American aviatrix who had previ
ously wen fame and fortune on two trips over the Atlantic, conquered
new fields Saturday when she successfully completed a solo hop from
Honolulu, Hawaii to Oakland, California, a distance of 2,408 miles in
18 hours and 16 minutes. 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.
Men Who Will Guide Legislature
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- 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)