Newspaper Page Text
Atlanta Smirnal
.VOL. XXVI. NO. 101
HUGHES RECEIVES
note from tokio;
MAKES NO REPLY
Nippon Charges Discrimina
tion and Violation of Gen-
• lemen’s Agreement
WASHINGTON, June 1— Japan’s
*‘'solemn protest” against the exclu
\sion section of the ev immigration
flaw was formally made public at the
department without comment.
with the protest is the re
quest' of the Japanese government
*that tile American government “take
all possible and suitable measures”
for removal of “discrimination.”
The communication declares inter
national discriminations are partic
ularly “unwelcpme” when “based on
race” and adds that discrimination of
that character is expressed in the ex
clusion statute.
The history of commercial agree
ments between the two countries, it
is declared, shows that the Japanese
government has sought to protect its
nationals from “discriminatory immi
gration legislation in the United
States,” which position was "fully
understood and appreciated by the
American government.”
“The Japanese government desire
now to point out,” says the note,
“that the new legislation is in entire
disregard of the spirit and circum
stances that underlie the conclusion
of the treaty (1911).”
It is added that the provisions of
the new Jaw “have made it impos
sible for Japanese to continue the
undertakings assumed under the gen
tlemen’s agreement.”
"The patient, loyal and scrupulous
observance by Japan for more than
sixteen years, of these self denying
regulations in he interest of good
relations between the two countries,
now seems to have been wasted,”
the protest continues.
Hanihara’s Statement
At the end, Ambassador Hanihara
appended the following paragraph:
“I am instructed further to express
the confidence that this communica
tion will be received by the Ameri
can government in the same spirit
of friendliness and candor in which
it is made.”
Despite the silence of administra
tion officials, it can be said definite
ly that the state department is in a
position to challenge, in its reply,
the Japanese contention that the ex
clusion act can be construed as a
particular ' discrimination against
Japan, and also to take the position
that the negotiations leading up to
the commercial treaty of 1911 in no
way justified an assumption that the
United States was willing to limit
its complete freedom to deal with
immigration questions as it sees fit.
In that respect, it is understood
that the correspondence between the
two governments, incidental to nego
tiation of the treaty, shows the spe
cific reservation by the United States
of immigration matters from the
scope of the treaty.
The Japanese argument as to ra
cial discrimination, is not regarded
here as borne out by the language
of the exclusion clause itself. The
clause excludes all races not eligible
to American citizenship.
The Japanese protest does .ot
make it clear whether the Tokio gov
ernment intends its language with
respect to the gentlemen’s agree
ment to mean that it already has
abandoned that undertaking in ad
vance of July 1, next, the date when
the exclusion clause becomes effec
tive.
Woman Who Crossed
r<Continent in Wagon
Retraces by Machine
NEW YORK, May 31.—Seventv
years ago Mrs. A. N. Gilbert crossed
the continent in a covered wagon.
She has returned to the oast from
Salem, Oregon, in an automobile at
the age of 74.
When Mrs. Gilbert’s father joined
the gold rush to California he took
his family west. Mrs. Gilbert vivid
ly remembers the hardships of the
long weeks of .travel across the wild
country.
Only Mrs. Gilbert’s daughter, Mrs.
O. B. Schucking, accompanied her
on the automobile trip from her
home in Salem. They said they
would start on the return trip to
Oregon after visiting relatives here
a few days.
Mrs. Gilbert declared she enjoyed
every one of the 8.000 miles which
she traversed on the trip to the
, east, despite the fact that they were
caught in the quarantines against
the hoof and mouth disease in the
southwest and had repeated punc
tures and blowouts.
Suspended by Head
Between Cross Ties
He Is Rescued Alive
NEW YORK. May 21.—Suspended
bv his head, which had been caught
between twb ties, a man supposed
to be P. J. Mullins, today hung from
an elevated railway track in Brook
lyn until he tyas rescued by firemen
who cut aw* - the ties.
Police we>e v jneble to account for
the fact tnat the man’s body was
below the tracks and his head was
jammed between the ties. Only his
chin saved him from falling. He
was suffering from lacerations and
a possible fracture of the skull, from
which he was said to be in a criti
cal cond-’tion.
The pt-V-'c said several trains
passed over the victim’s head.
U. S. World Fliers
Make Successful
Hop Across Japan
TOKIO. June 2.—<J3y the Asso
ciated Press.)—The American
army :uound-the-world fliers
reached Kushimoto. on the south
ern end of the main island of
Japan at 10:30 Saturday morning.
They made the 350-mile flight
from Kasumigaura. fifty miles
north of Tokio, whkh point they
left at this more ing. in four
hours and tu. ntx-five minutes.
Published Every Tuesday, Thursday and Saturday
SMITH ‘TRIUMPH’ IN MONTANA
IS EXPLODED WHEN DELEGATE
DISCLOSESM’ADOOAVALANCHE
<Champ Boomerang Thrower
Exists in New York Camp.
All Eight Delegates to Vote
for Ex-Secretary, Says
Former Committee Chief
BY RALPH SMITH
NEW YORK, May 31. —Anti-Mc-
Adoo activity in New York has de
veloped a champion boomerang
thrower in the camp of Governor
Al. Smith, from w’hose headquarters
the coalition candidates are conduct
ing an abortive campaign to dead
lock the Democratic national con
vention and thus prevent McAdoo's
nomination. Boomerangs usually re
act to the injury of those who pro
ject them, and the reaction to the
anti-McAdoo activity this week in
New York has been anything but
hurtful to Mr. McAdoo’s candidacy.
The day after the Montana presi
dential preference primary last Tues
day, Governor Smith’s campaign
manager announced that advices
from Montana indicated that dele
gates favorable to Governor Smith
had been chosen at the polls.
Franklin Roosevelt, the campaign
chairman, professed unusual gratl
lication over the reports, because, as
he said, Governor Smith hadn’t made
a campaign in Montana, and his
campaign committee hadn’t expect
ed to get any support from that
state.
In the midst of all the jubilation
about the unexpected success of
Smith in Montana and the surpris
ingly weak showing of McAdoo,
Thomas Arthur, former chairman of
the state Democratic executive com
mittee, arrived at the Waldorf. He
was among the delegates elected at
Tuesday’s primary.
McAdoo Made Clean Sweep
“William McAdoo made a clean
sweep of Montana in our primary,”
said Mr. Arthur. “Our eight dele
gates will vote for McAdoo until he
is nominated. They received a man
date from the Democrats of Mon
tana that binds them irrevocably to
McAdoo.
“The alleged Smith delegate about
whom the New York papers are
making such a fuss is not a Smith
delegate at all. He did not carry a
Smith slogan under his name on the
ballot, but -was the candidate of the
anti-prohibition forces and an ex-sa
loon keeper. His name is W. H.
Maloney, and in Butte he has al
ways been a violent and Radical
liquor leader. Under his name on
the ballot he carried a slogan
against the Volstead prohibition act,
and made no mention of Governor,
Smith. However, he is instructed
for McAdoo.
“There was no contest over the
question of instructions in Montana.
McAdoo was the unanimous choice
of our people. No other candidate
sought our indorsement, although
we challenged the opposition, in
cluding Governor Smith, to enter
our primary. We offered to defray
all expenses attendant thereon, but
neither Smith, nor Underwood, nor
Ralston, nor John W. Davis could
be induced to file. We were anxious
for opposition because we wanted
to show the country just how highly
we. esteem McAdoo in Montana.
“Eight delegates were elected at
the primary Os them, seven car
ried the McAdoo slogan under their
names. W. H. Maloney, the eighth,
tailed the ticket and carried as his
slogan, “opposition to the Volstead
prohibition act.”
600 Early Votes Seen
“During the campaign, United
States Senator Thomas J. Walsh,
chairman of the oil investigation
committee at Washington, wrote a
letter to Montana, which was pub
lished, in which he said the wise
ones in Washington are making the
prediction that McAdoo will have
over 600 votes in the New York con
vention at the start.
“In Montana, the Democrats view
the contest as onesided. They re
gard McAdoo as the only sure hope
of the Democratic party, and they
Look upon the other so-called candi
dates as gestures, put forward in
the hope of deadlocking the conven
tion.
“I do not believe it will be possi
ble to prevent McAdoo's nomination
at New York, and I am absolutely
confident that he will be elected.
He is the logical man and the only
man. It is the height of absurdity
to talk of a candidate whose prohibi
tion record is questionable and it is
equally absurd to consider any reac
tionary or near progressive. The
Democrats of the west and south
demand a progressive leader, and
McAdoo is the only man in the field
who meets the requirements.
“The people of Montana do not be
lieve that LaFollette will make the
race as an independent candidate in
the event of McAdoo’s nomination,
and that is a consideration that will
and should influence the New York
convention.”
Slipped Up in Florida
The delegates elected in Montana
were Senator Thomas J. Walsh, J
Bruce Kremer, vice chairman of the
national committee: Thomas Arthur,
I ex-governor Sam V. Stewart. W. B.
> George, J. Burke Clements, Tom Me
, Tague and W. H. Maloney.
The Montana boomerang followed
closely a faux pas about Florida.
Smith headquarters gave wide local
publicity to a statement that in the
convention Florida would yield to
New York on the roll call of states
for the nomination of Al Smith. It
was announced in all seriousness
i that since Florida was the only
southern state in which Smith had a
j formidable following. Smith s mana
i gers expected to avail themselves of
i Florida's alphabetical advantage on
the roll call and thus set Smith’s
I name before the convention at an
i early stage of the proceedings.
Since Smith is not a candidate in
Florida, it is presumed here that the
New Yorkers expect to receive un
usual favors from Florida, in the
event Underwood should carry that
state It is the belief of the Smith
managers in New York that event
ually all the Underwood delegates
will vote for the New York governor.
Weevil in Hancock
SPARTA, Ga., May 31.—The first
boll weevils of the season were
found here by H. H. Starr, a farmer
j living on the Treadwell place. He
said the weevils we’re on the youns
i cotton plant. just out of the
! 'ound. Many farmers hj\e begun
j spraj ing.
TV or Id News
Told in
Brief
PEKlN.—China decides to recog
nize soviet Russia.
PEKlN.—Chinese government rec
ognizes soviet Russia.
CAMBRIDGE. Mass. George F.
Baker, New York banker, gives $5,-
000,000 to Harvard university.
WASHINGTON.—House adopts
conference report on agriculture ap
propriation bill, carrying $61,147,993.
TOKIO—Anti-American sentiment,
as result of Japanese exclusion legis
lation, is growing throughout Japan
WASHINGTON.—FormaI report
on long inquiry conducted by oil
committee will be submitted to sen
ate next week.
WASHlNGTON—Deficiency oill
carrying $131,943,138 to meet cost of
soldiers’ bonus until July 1, 1925, is
reported in bouse.
VIENNA. - Chancellor Ignaz Sei
pel, of Austria, is shot and seriously
wounded while alighting from a train
here, and assailant attempts suicide.
CLEVELAND.—RaIph E. Wil
liams, Portland, Ore., vice chairman
of Republican national committee
arrives Dr Republican national con
vention.
LONDON,. —Pre-war brilliance fea
tures dinner and ball given by Am
bassador and Mrs. Kellogg, in honor
of Wales, Duke and Duchess of York
and forty otbel’ persons.
WA SHING TON.—Wh i te House
says there is little possibility of Pres
ident Coolidge being able to meet
President Obregon, of Mexico, on
border within next few months.
PARIS. Premier Poincare, of
France, tenders resignations of him
self and cabinet to President Mil
lerand and it is predicted M. Miller
and’s own retirement will follow.
NEW YORK.—Bishop William J.
Manning, in Memorial Day address,
denounces “a false and foolish paci
fism” and appeals for obedience to
law, with stress on prohibition.
PARlS—French ministry of fine
arts arranges to dispense million dol
lars given by John D. Rockefeller,
Jr. for repairs to Rheims cathedral,
Versailles and Fontainebleau palaces
WASHINGTON. Congressional
leaders plan for adjournment next
Saturday, but admit advocates of
farm relief, railroad and reclamation
legislation may block their program.
WASHINGTON.—President Cool
ide in Memorial dav address at
Arlington, announces his opposition
to changes in Harding-Hughes’ plan
for American participation in world
court.
CHICAGO. Nathan E. Leopold,
Jr., and Richard Loeb, wealthy young
Chicago students and confessed slay
ers of 14-year old Robert Franks,
charge each other with actual com
mission of crime.
Joel Wolf Thorne, wealthy New
York banker, is killed by automobile
at Danbury, Conn., within 24 hours
after confirmation of his divorce
from Mary Casey Thorne, whom he
married secretly in 1911.
TOKIO. Suicide of a Japanese
outside ruins of American embassy
in Tokio in protest against exclusion
legislation gives impetus to “nation
al spirit movement” and plans are
suggested for a national funeral.
LONDON.—Portuguese aviators,
attempting flight from Lisbon to Ma
cao, China, who crashed several
weeks ago in storm in T odhpUr, In
dia, hav.e purchased new plane and
left for Chica, news dispatch says.
LOS ANGELES.—Bodies of twen
ty-two persons—twenty sub-normal
girls and two adults—are recovered
from ruins of Hope Development
school at Playa del Rey.-near here,
which was destroyed by fire late Sat
urday night.
INDIANAPOLIS.—Joe Boyer, De
troit, relief driver for L. L. Corum,
of Indianapolis, wins twelfth annual
automobile race over Indianapolis
speedway, driving 500 miles in
5:05 23:51, a record-breaking average
of 98.24 miles an hour.
Cleveland.— Bishop William
M. Brown, testifying in his defense
at heresy trial at Cleveland, reaf
firms his belief in Bible, Book of
Common Prayer, and church creeds,
and acknowledges authorship of
w Rings on which charges are based
V ASHINGTON.—Senator Pepper,
Republican. Pennsylvania, author of
compromise plan for American entry
into world court, reported by senate
foreign relations committee, in state
ment expresses hope that senate
will move “along lines of committee
report.”
11l 20 Years, Floyd
Woman Crawls to
Creek: Drowns Self
ROME. Ga.. May 31.—Mrs. Dennis
O Brien, aged 50 veats. of Pope -
Chapel community, Floyd county,
slipped out of bed shortly before mid
night, walked on. cru tones for half
a mile toward Woodward creek, lest
her crutches in the darkness and
underbrush, crawled the remainder
of the way and drowned herself in
the creek, according to evidence ap
parent. when her body was found
early today.
The Weather
FORECAST FOR TUESDAY
Virginia. North Carolina and South
Carolina: Unsettled, probably local
showers.
Georgia. Alabama and Mississippi:
Partly cloudy; local thundershowers.
Florida: Generally fair.
Extreme Northwest Florida: Part
ly cloudy. Tuesday, possibly local
thundershowers.
Tennessee and Kentucky: Local
thundershowers.
Louisiana: Partly cloudy.
Arkansas: Generally fair, some
what warmer.
Oklahoma: Fair, somewhat warm
er.
East Texas: Partly cloudy, some
what unsettled.
West Texas: Generally fair.
WM'SIOEAS
DABBED BY CHURCH;
PENALTY RESERVED
Retired Bishop Corrects Ad
missions He Made in
Friday Session
CLEVELAND, Ohio, June 1—(By
the Associated Press.) —Declared
“guilty” of teaching doctrines
not,held by the Protestant Episcopal
church, William Montgomery Brown,
retired bishop of Arkansas, asserted
his case was far from settled.
“I cannot be deposed,” he said, and
this was supplemented by formal no
tice of appeal, filed by his counsel.
The trial court gave the defendant
a respite of nearly six months’ by
announcing that it would not pass
sentence until October 14, next. After
that the defense will have sixty days
in which to file its appeal to the
church’s board of review.
Beyond that lie possible appeals to,
first, the house of bishops and, if
j deemede necessary, to a general con
vention of the church, embracing the
house of delegates as well as the
house of bishops.
The functions of the trial board
j will end with the passing of sentence,
j This may be, according to the canons
of church law, either a mere ad
I monition, a suspension from the
I bishopric or expulsion from that
i body. „
It was emphasized by Charles L.
i Dibble, church advocate, in his clos
( ing argument that there was no pow-
■ er to expel Bishop Brown from the
i church, the most severe penalty be
: ing a reduction ot the ranks. This
I would deprive him of his seat in the
house of bishops wit’ll its rights and
i privileges. It also would take away
his commission from the church to
baptize, confirm and ordain, although
the defense quoted authorities on a
contention that anything the bishop
might do in this respect would be, at
| the worst, only “irregular” and not
; invalid.
Verdict Brought In
A solemn-faced court of seven
i bishops brought in the verdict ot
I guilty. Two members were absent,
Bishop Edwin Lines of New Jersey,
having been kept away by illness and
Bishop John McCormick, of Western
Michigan, having been called home
Friday. The other seven members
of the court, headed by Bishop John
G. Murray, of Maryland, as president
and including Bisnhps Lerman Page.
Michigan: Benjamin Brewster. Maine:
Wilbur Faber. Montana: Frederick
Reese, Georgia: Edward Parker. New
Hampshire, and Theodore Bratton.
Mississippi, signed (Jie verdict. It
was a brief pronouncement, announc
ing that each had declared his opin
ion and concurred in the finding as
follows: . ■ ‘
“The accused is guilty of holding
and teaching publicly and adv'sedlv
(doctrine con*r nT ’v to that held by the
I Protestant Episcopal church in the
j United States of America, in manner
i and form as set forth in the present-
I ment. as to each of the charges and
i specifications in the presentment."
Bishop Brown was asked if he
i wished to make a statement, but
I Joseph W. Sharts, his attorney, sa d
i the defendant would submit a writ
i ten communication to the court
1 when it meets for sentence next fall/
Bishop Murray pronounced a bene
diction of peace and the proceedings
were finished.
Bishop Brown’s Statement
j Tn a statement issued after the
j trial Bishop Brown declared himself
i gratified with what had been accom
plished “in making the public see the
real issues involved in all heresy.”
i “The trial has brought light into
theological darkness and the dark
ness comprehended it not,” said the
statement.
i The document reiterated Bishop
! Brown’s regard for the church, com
plained because the defense had not
drawn f r on) the court “a standard
. of orthodoxy” and added:
“The inference is that one may be
very liberal, so long as no bishop is
; shocked thereby. But every new
| thought is shocking and so long as
j the church assumes to set limits to
human thinking, it must exhaust its
i time and energies hunting heretics.”
The statement concluded:
“The trial, of course, is not over.
Long before the higher ecclesiastical
| courts can pass upon the question, it
■ will have become obvious to those
whose minds live in this scientific
ago, that a charge of heresy cannot
,be sustained. More than that, it will
become obvious that such a charge
j cannot even be stated. And what is
I obvious to every one must sooner or
| later become obvious to the theo
' logians.”
(Decision 45 Minutes
Before Father’s Death
Makes Boy Wealthy
DANBURY, Conn.. June I.—Joel,
! Wolfe Thorne, Jr.. 10, earn® into
I complete possession of the Joel Wes»
estate Saturday by margin of less
than an hour. His father, a New
“•York banker, was killed by a mo‘or
car yesterday about 45 minutes aft
-1 er receiving a divorce decree from
I Mrs Thorne, once known as the
“belle of Third avenue.” Through tne
' divorce decree Thorne received
custody of the child.
Killing Is Confessed
By Former Georgian
GASTONIA. N. C., May 31.—Jim
Wilson, twenty-two. arrested here
late Friday as a suspect in the kill
i ing of J. H. Fletcher, near here, last
Monday, has confessed to the kill
ing. He asserted, according to of
ficers. that he shot Fletcher after
I the pair had, quarreled, and after
Pletcher had threatened and shot
at him with a pistol.
Fletchers’ body was found last
Tuesday afternoon at the one-room
cabin six miles from here where
he lived alone. Death had been
caused by a load from a shotgun
| fired into the man’s back. In one
hand was grasped a pistol with three
shells exploded.
Fletcher's former home was at
Forsyth. Ga.. and he was a Carpen
ter. Wilson asserted that he had
only one living relative, a step fa
. ther at Augusta.
UMHff: GIVES
DEDUCTION PLANS
IN TAX PAYMENTS
Allowances Are Divided So
That Revenue Will
Not Cease Entirely
BY DAVID LAWRENCE
(Special Leased Wire to The Journal.)
(Copyright, 1921.)
WASHINGTON, May 31— Treas
ury officials today explained the
method by which taxpayers could
calculate their next payments on
June 15 if the conference report
adopted by congress is approved by
President Coolidge, which now is
certain.
Instead of permitting the taxpay
er to take a 25 per cent reduction
i on his 1923 taxes in a lump by
• omitting the June installment, the
, new plan provides for- a scheme
’ which will not make a. hole in
treasury receipts at this time.
Th° method is as follows:
; The taxpayer has the option of
paying his taxes in full, and if lie
. did so on March 15 he will receive
a credit of one-fourth. If he pays
his taxes in quarterly installments,
I he will be allowed on his June 15th
payment a credit of one-fourth for
j that payment and one-fourth for the
payment which he has made in
. ! March. In other words, the one
\ fourth reduction on 1923 taxes will
be allocated in four equal parts, but
“* in view of the fact that the March
. payment has been passed, the tax
. payer will get a credit of two
, fourths of his installment in June.
. Thus a taxpayer who had a tax
; bill of $1,200 to pay and who paid
> S3OO on March 15, last, ordinarily
[ would have had to pay another s?<o
■ on June 15, but instead he will be
> permitted to deduct the pay
i ment he made in Maxell and $75 for
l the credit which he is allowed in
> June, or a total deduction of $l5O,
so that he actually will pay only
$l5O in June.
September Deduction Less
When the September 15th pay
i ment comes, he will deduct only $75
• from lijs S3OO bill, so that the net
payment will be $225. On Decem-
\ ber 15 he will deduct the remaining
I ■- $75 so that his bill then also would
ij be $225. In this way the govern-
> ment permits the taxpayer to take
; the full one-fourth reduction in four
i equal parts land the revenues com
ing into the treasury are not se-
. riously disturbed. The whole thing
: may be reduced to a formula by
: taking one-half of what was paid
r in March and subtracting it from
i what ordinarily would be paid in
June. In December and September
• ‘ each only one-fourth of the March
' installment would be deducted.
’ The treasury department depends
upon an even flow of money into
the treasury from income taxes and
' ; when they fall short, the govern
‘ ment has to borrow and pay inter-
‘' est. which increases the expense.
’ | In order to reduce borrowings to
I the minimum it was thought best
’ ; not to permit the taxpayer to omit
I his June installment altogether, but
to let him pay a half of it then and
h take two other credits in September
1 : and December.
■ All the features of the new law will
I be retroactive to January 1 of this
'j year. There is some doubt of the
-| power of the government to levy an
excise tax on gifts which were made
I prior to the signing of the new law.
Have Won Test Cases
■ There have been some test cases
’ in which officials contended that
they had a right to make a certain
> l transfer of property because no law
’ j was on the statute books and that
j: they might not have done so had
. they had knowledge of the tax that
, would be levied later. The govern-
} ment in the past has won these test
, cases on the ground that an excise
. I tax may be levied on any transac
. : tion which has occurred. There is
I | room for difference of opinion on
i this feature of the law, however, it
, I is not unlikely that varying circum
' I stances will lead to litigation and
further testing of the constitutional-
, | ity of this provision.
’ As for the retroactive effect on the
’j transactions of the taxpayer gen
’’ erally, the government has no doubt
! of the constitutionality of the new
I provisions for the individual’s m-
• | come is supposed to be calculated on
yearly basis and the revenue of
[ I 1918 which was not signed until
5 1 February, 1919, was retroactive to
: I January 1, 1918, without being upset
l ! in the courts. There are other phases
1 j of the new bill which, as usual, will
?: be open to attack in the courts.
- ’ but they cannot be conjectured in
■jadvance for nearly every revenue
act has something in it which pro-
< duces a lawsuit.
i The gift tax provision is probably
the principal one on which legal con
test will be made. The treasury it
self did not insert these ambiguous
provisions in the bill, but will be
> compelled to> defend them when once
■ the measure becomes law.
,Sons March On, After
Father Drops Dead, to
Save Mother Shock
CHICAGO. June I.—Fcur sons
of Colonel William Finn, field sec
retary of the central territory of
the Salvation Army, kept their
places in the band he organized and
j marched in the memorial day parade
yesterday so their mother would not
learn immediately that he had drop-
1 ped dead.
Ths band was standing in Ohio
street, and he was to lead it. The
sons saw him fall, and were told he
| was dead. But over on Michigan
boulevard their mother and their
sisters were waiting to see the
parade. So the boys remained and
i marched smiling past their mother.
She did not learn until she reached
home, and the sons had arranged to
prepare her for the shock
Waterways Measure
Is Killed for Session
WASHINGTON, June 1. —Possibil-
ity of house action at this session
, on the $30,000,000 rivers and harbors
authorization bill has gone glimmer
- ing with the refusal of the rules com
! mittee to give the measure privileged
j status on the calendar.
It covers a score or more projects.
! including the proposed intercoastul
I canal between the Mississippi river
jajid Corpus Christi, Tex.
Atlanta, Ga., Tuesday, June 3,1924
Millionaire Boy-Killers
Nathan Leopold, Jr., (left) and Richard Loeb, confessed slay
ers of 14-year-old Robert Franks, whose fight for freedom began
with habeas corpus proceedings in a Chicago court Monday. *
..
Mnfl
SOCIETY BLAMED FOR FALL
OF FRANKS’ KIDNAP-KILLERS;
“SILENCE PLOT” IS CHARGED
Noted Psychiatrist Urges Fuller Instruction of Young in
“Mysteries” of Life—Says Leopold and
Loeb I nsane
CHICAGO, June 2.—“ Nathan Leo
pold and Richard Loeb are victims of
society’s ‘conspiracy of silence’ —
they are not responsible for the
crime they have committed and
should neither be hanged nor im
prisoned,” Dr. Max Thorek, surgeon
and psychiatrist of international rep
utation, declared today.
“These boys are insane. They are
in the same class with Harry Thaw
and Oscar Wilde. To hang them or
send them to the penitentiary would
be barbarous. They should be con
fined, of course, but as patients and
not prisoners.”
Dr. Thorek expressed great inter
est in the case of the two young in
tellectuals' who “just for the fun of
it,” they said, killed 14-year-old
Robert Franks, hid the body under
a railroad culvert on the outskirts
of Chicago and devised an elaborate
alibi to cover their crime. In an
interview, Dr. Thorek explained
from a medical and scientific stand
point what he believed actually
prompted the murder.
Eliminates Ransom Idea
“I have studied this case careful
ly because it is in line with some
professional work I have been do
ing,” he said.
“In the first place, we can elimi
nate the ransom theory because
both boys are sons of millionaires.
They did not need the money. That
fact convinces me that # the murder
was committed in a fit of insanity.
The particular form of insanity is
what interests us.”
CiNHESGWED
INTERVENTION PLM
iniG FIVE" CASES
WASHINGTON, June 2.—A de
cision that may have the effect of
re-opening- the whole field of litiga
tion involved in the big five packers
consent decree case was handed
down today by the District of Co
lumbia court of appeals. Reversing
a lower court ruling, the court of
appeals upheld the right of the Cali
fornia Co-operative Canneries to in
tervene in the case.
Under the consent decree, entered
into between the packers and At
torney General Palmer in 1920, the
packing companies were to wljvest
themselves of various collateral prop
erties, including their stockyards and
grocery distribution agencies. The
California Canneries, in asking to be
heard, declared they were vitally in
terested because Armour & Co. had
contracted with them to market 52
per cent of their entire output. H
the decree were permitted to stand,
the business of the canneries, they
insist, would be materially injured.
Recently, while the ease was in the
court of appeals, the Armour and
Swift concerns also attacked the va
lidity of the decree, alleging it had
been entered into w.htout authority,
and declaring the federal govern
ment. in a brief filed by Attorney
General Daugherty, had wrongly in
ferred that the very existence of the
consent agreement indicated that
therefore there had been evidence of
anti-trust violations by the packers.
The effect of today's ruling will be
to send the case back to the federal
district court with an order that the
plea of the canneries be admitted to
consideration in any decision as to
the validity of the decree.
Florida Flogging Boss
Granted xNew 1 rial by
State Supreme Court
TALLAHASSEE. Fla.. June I.
Thomas W. Higginbotham, convict
' "whipping boss.” who was convicted
iin circuit court here last July of
second degree murder, and sentenced
j to twenty years' imprisonment as an
• outgrowth of the death of Martin
Tabert, of North Dakota, was grant
ed a new trial in a decision handed
down Saturday by the Florida su
preme court rever. ag he lower
court.
The lower court was reversed on
the change of venue, one of the
grounds raised by Higginbotham.
The supreme court, in its opinion,
held that the circuit judge erred in
granting the change of venue from
Dixie county to Columbia county, on
motion by the state and over the de
fense objection, without first having
made an actual test as to whether it
was practically Impossible to procure
an impartial jury tn Dixie county.
Ell
■WYJkjE
Dr. Thorek insists there is noth
ing new in the case from the medi
cal or phychological standpoint. He
scouted the theory that the murder
was committed “for the fun of it”
or was inspired by exaggerated ego.
“The element of murder must be
considered,” he said. “No mere
craving for adventure can account
for that.
Says ’They Feared Exposure
“It is my opinion that these two
boys, both super intellectuals, pet
ted and pampered, given all the
money they wanted and without
proper restraint, lost their moral bal
ance. Despite their mental precocity,
they z became what some people call
morons. Fear of having their prac
tices exposed, I believe, was respon
sible for the murder.”
It was at this point that Dr.
Thorek launched into an attack upon
what he called “a conspiracy of si
lencfe.”
“Every physician,” be said, “knows
how common perversion is. There
are thousands of the abnormal here
In Chicago. They are more common
in intellectual and socially promi
nent classes than in any other. We
simply don’t say anything about >t.
We have a conspiracy of silence.
“What we should be doing instead
of raising a cry for punishment after
an incident occurs is to prevent ab
normality, which is a disease and
can ordinarily be checked. Parents
should be educated to the dangers
and should take their children into
their confidence.”
HILL TO BE MOVED
TO ANOTHER STATE.
OALLARO DECLARES
A statement to the effect that
f members of the state board of edu
cation will be informed Tuesday by
s a representative of the general ed-
J ucation board that the state school
superintendent is the only person
g who can administer the fund given
f the state by the general education
i- board, and that Walter B. Hill Is
.- no longer connected with the Geor
gia state school system, but will be
3 placed in some other section of the
country, was made by N. H. Ballard,
e state superintendent of schools, Mon
day upon his return from New York,
L where he went to discuss the con-
- troversy with the general board.
1 “Mr. Hill will be taken care of by
; the general education board in some
other section,” Superintendent Bal
lard stated. “The general education
board has stopped his pay for work
1 in Georgia,” Mr. Ballard added.
» Superintendent Ballard said the
<• notice that the state superintendent
of schools is the only person who
' r can administer the general education
board’s fund because he is the only
2 bonded officer in the state school sys
-1 tern will be communicated to the
. members of the Georgia bo-.rd by
1 Supervisor Davis, of the general
. education board, who is scheduled to
- arirve Tuesday on an inspection trip,
r The information brought back by
- Mr. Billiard was said by him to
3 mean that the controversy, which
r ■ has raged for several weeks, has
f been ended. Mr. Ballard said he
• and not the state board of educa
-5 tion was empowered to administer
1 the fund, and he took the position
; i that this was the only point in
’ I volved.
’ In discussing that angle Monday,
: Mr. Ballard said:
I “I was confident I was right. I
i took the position that I was the
; only authority who could adminis
. ter the fund and that I should have
a say so as to who should handle
it as my agent.
t“I asked Mr. Hill for his resigna
tion, to be effective May 1. When
he declined, I took the matter up
t with the general education board,
; and they forthwith stopped his sal
r ary. As I see it there has been no
1 controversy. Unfortunately, though,
i ' Walter has tried to try his case in
i the newstapers.”
Mr. Ballard, in discussing his pow-
I ! ers in handling the fund, said he
could accept or decline the trust. If
the latter course were followed the
state would not get the fund, he
explained.
Indictment Charges
Death of 7th Spouse
RICHMOND, Va„ June 2.—Mrs.
Julia Dorff Stull, of Houston, Tex.,
i was indicted today for the murder
| Os her seventh husband, Raymond
Sylvester Stull, here several weeks
I
r
5 CEN’Ao .a COPY,
SI A YEAR.
MILLIONAIRES’ SDNS
CONFESS TO KILLING
CHICAGO SCHOOL BOY
Slew to Get Money They Say.
Chauffeur’s Story Breaks
Smooth Alibis
CHICAGO, 111., June I.—Youthful
sons of Chicago millionaires Satur
day confessed to kidnaping and
claying, ten days ago, of Robert
Franks, thirteen-yeax-oid son ot
Jacob Franks, another millionaire,
according to State’s Attorney Crowe.
The boys who confessed are Na
than Leopold, Jr., and Richard Loeb,
both university students and both,
residing within a few blocks of the
Franks home in a fashionable south
side residential district.
They kidnaped the boy as he
walked home from school, strangled
him in theii' automobile, concealed
Lis body and demanded a SIO,OOO !
ransom from the parents, according
to Mr. Crowe.
A pair of spectacles led to their
arrest, and the chance remark of a
chauffeur resulted in their break
down and confession when the au
thorities, after hours of questioning,
were virtually convinced the youths
bad established alibis and were con
sidering releasing them.
Their motive was a puzzle, State’s
Attorney Crowe declaring that they
wanted excitement and the $10,003 \
ransom, while friends asserted they
could not need the money and doubt
ed the truth of the confession.
Both youths have records as bril
liant students, one being the young
est ever graduated from the literary
college of a leading midwestern uni
versity and the other doing special
work at a university here.
Sons of Millionaires
Leopold is the son of Nathan Leo
pold, Sr., wealthy paper box manu
facturer, and Loeb is the son of Al*
bort Loeb, vice president, of a Chi
cago mail order house. At one time,
according to Mr. Crowe, the boys
said they considered kidnaping a
relative of Julius Rosenwald, multi
millionaire head of this mail order
firm.
The boy’s confession, the state’s
attorney believes, clears up one of
the most mysterious crimes in Chi
cago’s history.
Robert Franks disappeared on the
afternoon of May 21, as he was go
ing from a private school to his
home, a few blacks distant.
That night a man, posing as
“George Johnson,” telephoned the
boy’s mother that her son was be
ing held for ransom and the next
day the father received a letter do
manding SIO,OOO foi' th e boy’s re
lease and instructing him further
orders would follow.
In the afternoon came a telephone
call to Franks from Johnson in*
structing Franks to take the money,
which he had ready, to a drug store,
the address of which Franks did not
know. A few minutes afterward the
nude body of a boy found stuffed Into!
a culvert in a. south side swamp,
was identified as his son.
According to the state’s attorney,
Leopold and Loeb said they con
ceived the plant to kidnap someone
and hold them for a ransom of $lO,-
000 last November. They picked the
Franks boy, whom they knew, as a
victim on the spur of the moment,
when they saw him walking home
from school.
Struck With Chisel
Inviting him into a rented auto
mobile in which they were riding,
they said, according to Mr. Crowe,
that they struck him over head
with a chisel when he resisted and
then strangled him. The chisel,
tossed from their auto, was found
later and is a part of the evidence
against them.
For hours they drove about the
city with their victim huddled in
the tonneau of the car covered by a
-
That night they said, according to
Mr. Crowe, they disrobed their vic
tim, applied acid to his face in an
effort to make Identification Impos
sible, and drove to the swamp where
they concealed the body in the cul
vert. They then burned th e cloth
ing at Loeb’s home, according to
1 their confession, disposed of the
shoes and belt on a prairie, and rode
about the city for a time; finally re
turning home, where Loeb notified
the Franks family that Robert was
held for ransom while Leopold pre
pared the ransom letter.
Then they threw the typewriter
on which the ransom letter was pre
pared in a lagoon and when their
plans to collect ransom miscarried
because Franks did not understand
their instructions, Loeb pretended
to assist the police in finding the
drug stor e from which he made one
of the calls to Franks.
The only clue from which the
authorities had to work was a pair
of spectacles with tortoise shell rims
of distinctive” make. Identifi
cation of the owner of the glasses
in a city of three million persons,
assumed the proportions of looking
for a needle in a hay stack, but the
police, realizing that their only hope
of solving the mystery lay in find
ing the owner of the set to
work canvassing every optician,
optical supply and manufacturing
house in Chicago, eventually extend
ing their search to other cities.
After a week’s hunt a Brooklyn J
firm was found which said it made A
the spectacles. Its Chicago agencies A
were then canvassed. Thousands of
records were carefully scrutinized
until one was found which ta'.lied ™
with the description of the glasses in
question.
Opticican’s Record Found
Such a record was found by an
optician Wednesday night and the
trail led direct to the Leopold home,
a few blocks from that of Franks.
Leopold and Loeb, has bosom
were arrested at once.
Then came the surprise.
Leopold readily admitted owner
ship of the spectacles, expl lining
that he is an ornithologist and in his
study of birds had visited the swamp
were the body was found many
times an I probably had lost his
glasses on one of these trips. The
boys told a straightforward story of
their activities on the day Robert
Franks disappeared, declaring they
spent the day riding about in Leo
pold’s car, and. after a day and most
(Continued on f, Column J)