Newspaper Page Text
‘COLUMN 2’
Oft the news is 8o stupendous,
And there is 80 much to say,
That to pick the most tremendous
We would hesitate each day;
But a spot you can rely on
For the human touch, but true,
We've selected—keep your eye on
Georgian's Page 1, Column 2.
VOL. XVIII 24-Hourd Eui Jutepationsl, News Service
ATLANTA COTTON SOARS T 0 NEW RECORE
MOVE TO COMBINE CITY-COUNTY SCHOOLS UNDER WAY;
" HOKE SMITH REFUSES TO ENDORSE PRESIDENT BLINDLY
-~ ®
WILLGOTE ‘
Central Board to Govern System,
With Authority to Levy Tax,
_ Features Plan Agreed Upon.
Admitting that the schools situa
tion is desperate, city and county
officials early Monday afternoon de
cided on a plan of consolidation of
both systems under a centralized
control, which they detern"fled to
strive with all the force at their
command to have enacted into law
by the Legislature this summer.
The chief features of the plan are
these:
1. Abolish both present city and
county boards of education.
2. Substitute a board of five mem
bers, three of whom shall be resi
dents of the city and two of the
county; all to be elected by the
county at large. 1
3. Authorize the board to levy a
school tax of 756 cents on the SIOO 01’1
property valuations for operation‘
and maintenance, and to levy, when
necessary, an additional tax of :;i
cents on the SIOO for building pur
poses. The tax to be levied on the
ecocunty assessment basis. ‘
. 4. Give the board absolute control}
of the schools. ;
MORE MONEY NEEDED. {
“The schools are doomed unless
we can raise more money,” deelared“
Mayor Key, who arranged the con
ference at the instance of the city
board. “We have reached the point
where we have got to do business
or quit., I am willing to assume my
part of the responsibility.” |
“If Atlanta is going to start for
ward, and 1 don’'t know of a ‘better
place to start, let us do it in a broad
way,” urged Chairman J. Oscar Mills
of the county commission, who
staunchly supported the plan. “T
would rather have my children wad
ing knee-deep through mud to school
for an education than to walk over
the finest highways and mnot have
that education.”
Dr. W. L. Gilbert, chairman of the
Finance Committee of the commis
sion, ' introduced the measure, which
was adopted. It was supported by
Virlyn B. Moore, chairman ‘of the
subcommittee which drew the origi
nal plan; Mrs. Harry P. Hermance
of the City Planning Commission, the
city ana county superintendents, W.
F. Dykes and J. W. Simmons, and
members of the city and county
boards. ‘
TERRELL SCLE OPPONENT.
The sole opposition came from W.
H. Terrell o’ the City Board of Edu
cation. He departed before the vote
was taken.
It was estimated by Mr. Moore, who
explaiend the plan at length, that
$1,500,000 would be raised annually
through the 75-cent tax. This, he
said, was $400,000 more than the
present income of tre two systems.
Various statutory and constitutional
objections pointed out by Mr. Ter
rell are to be met by the city and
county attorneys, who will be In
structed to draft the measure for the
Legislature. The combived act will
ve considered by the conference be
'tore it is placed in the hands of the
.ocal lcgislative delegation.
The plan accepted by the confer
ence varies from the original in three
particulars, reducing the suggested
number of members of the consoli
dated board from eight to five, wip
ing out the proposed eight school
districts and eliminating the clause
suggesting that the city and county
reduce their tax rates proportionately
as they are relieved of financing the
schools.
First consideration was given the
fusion more than a month ago. The
Continued on Page 2, Column 5.
OVER 50,000 ‘LAST LINES’ TO LIMERICKS—BSSO EACH 707 SEST,
. .
Conscience Directs
Former Carrier Boy
To Return Dollar
The Georgian has the nucleus of
a “conscience fund” now in its
treasury. It amounts to $4, and (
it represénts a dollar which a car
ried abstracted about five years |
ago and which he has returned—
with interest heavier than ‘even a
usurer would charge. |
But there's no way to return the
excess interest, for the money came
in an unsigned letter, reatly penned ‘
upon paper which bears no mark
to identify the sender. The letter
told the story of temptation and
repentance—the true repentance |
which begins with restitution. It
follows:
“About five years agc, while tak
ing a paper route 1n Atlanta, I
took from The Atlanta Georgian
about sl, which I am now return
ing with interest. Hoping this will
be satisfactory and 1 beg your par
don for the act.”
‘Why, boy, whoever you must be,
it is more than satisfactory, and
the pardon you ask is gladly grant
ed. And The Georgian and Amer
ican is proud that one of its boys
who wcouldn’t resist temptation one
day when theneed moy have-begn -
great, has realized that he mnever
! could be square with the world and
with himself until he lestored what
; belonged to another.
%Snow in New Orleans
| Makes March Record
‘ NEW ORLEANS, La., March B.—
l'[‘he first snow in the nistory of the
New Orleans Weather Bureau in
| March fell between 6 and 7 this
'morning. It melted as soon as it
[struck the earth and was recorded as
'a. trace by the bureau. There had
‘been no previous snow since Febru
ary 12, 1899.
‘ SNOW AT PENSACOLA.
{ PENSACOLA, Fla., March 8.--The
first snowfall of any consequence here
?in twenty years came this morning, It
started about 9 o’clock, but melted as
Ifelst as it hit the earth.
Blizzard May Bring
Food Crisis in East
| (By International News Service.)
BOSTON, March °B.—Completely
isolated by snowdrifts, hundreds of
families in Northern Maine, New
Hampshire and Vermont today faced
a food crisis as the result of the sus
pension of transportation.
! Milk trains have railed to battle
Itheir wa- through the drifts. Bos
ton faces a milk famine. Hundreds
of passengers are aboard stalled
trains.
700 Pounds of Sugar
And Auto Confiscated
B. J. Gantt, federal prohibition
agent for Georgia, went to a down
' town garage Sunday, and on the pre
ltnnse of inspecting an automobile,
discovered over 100 empty gallon
‘c:ms and 700 pounds of sugar. He
confiscated the goods on the theory
lthat the owner of the automobile had
planned Yo carry the sugar to the
mountains to manufacture whisky.
Old Proverb Is
Proved Again!
If at first vou don’t succeed,
ete.! Of course, you've
heard it.
And an Atlanta man
proves it’'s a good prov
erb. He’s been gending
in ‘‘last lines’’ in Lim
erick contest of The
Georgian for some time—
and he gets across num
ber 23, and lands the SSO.
So you of faint heart and
| ebbing courage, remem
ber the proverb and the
case of Limerick 23.
Let’s go!
ity THE
— g .g'; ‘\\.‘v . Y .TN
T ANTATmGEUR
o - 'T‘;lwwld‘/e? 7 “
A TEADING NEWSPAPER SErAes WX 4/ OF THE SOUTHEAST F)& 7]
7 e x
k 2
Letter on Treaty Sent by Presi
dent—Senate Adopts Cloture,
Rushes Through Reservations.
(By International News Service.)
'WASHINGTON, March B.—Presi
dent Wilson has prepared a letter,
stating his position on reservations
to the peace treaty, it was announced
at the White House today.
The letter is to Senator Hitchecock
in reply to the request that the Pres
ident receive Senator Simmons, dele
gated to explain the Democratic sen-~
ators’ position,
The President's letter was deliv
ered to Senator f{ljtchcock this aft
ernoon. * It is understood that-it-will
be made publie tomorrow, ]
The President’s position will be
plainty stated for the benefit of thel
Senate, It was said. It is generally
understood the President refused to
accept reservation to Article Xof the
IL.eague of Nation covenant.
CLOTURE ADOPTED. °*
‘The Senate today adonted ('loturcl
on all the Lodge reservations to the
peace treaty still to be acted on ex
cept those involving Article X and the
equalization o fthe voting power ofl
the United States and the Britisb
Empire.
The action of the Senate was made
unanimous.
Both sides agreed to®speed up fur
ther discussion of the trealy by limit-l
ing debate to 20 minutes for oa.c:h|
Senator on all pending reservations,
except those concerned with Article |
X and the equalization of voting
power.
The Senate readopted the eleventh
Lodge reservation by a vote of 44 to
28. The reservation provides: “Thz:!
United States reserves the right 101
permit, in its discretion, the nation
lals of a covenant breaking state, as
|defined in Articla XVI of the cove- |
{nam of the League of Nations, resid
| ing within the, K United States or in
| countries other than such covenant
%breaking states to continue their'
commercial, financial and personal]
tnlations with the nationals of the
United States.” .
‘ By a vote of 27 to 45 the Senate
re-adopted the twelfth Lodge reser
ivation this afternoon.
This reservation reads: “Nothlng
!in Articles 296, 297, or in any of the
| annexes thereto, or in any other ar
!ticle. section or annex of the treaty
'of peace with Germany shall, as
‘against citizens of the United States,
be taken to mean any confirmation,
ratification, or approval of any act
otherwise illegal or in contravention
of the rights of citizens of the United
States.”
THIRTEENTH RESERVATION.
By a vote of 44 to 27, the Senate
adopted the oriiginal thirteenth |
! reservation. i
! The reservation provides: "Tlm‘
!(’nitpd States withholds its consent
jlo part XII, (Articles 387 to 42E in
iclusive) unless Congress by a joint)
;resulution shall hereafter make proJ
|vision for représentation in the or
|ganization established by said part,}
IXIH. and such event the parucipationi
iof the I'n'ited States will be governed
{and conditioned by the provisions of |
}sut'h act or joint resolution.”
{ President Wilson 18 convinced the
peace treaty will be the big issue of
this year's presidential campaign,
i whether the Senate ratifies it or not.
That the President has so informed
those close to him became known to
day through official White House
channels.
Attorney General Palmer, Senator
IHit(-hvock of Nebraska, the adminis
,trat;(m's treaty manage:, and senator
;Gla‘.w_: of Virginia, until recently a
mehber of the cabinet, are among
l_ Continued on Page 2, Column 4.
ATLANTA, GA., MONDAY, MARCH 8, 1920.
Memberships Reported Monday
at Luncheon Leave Only 705
Enroliments To Be Secured.
Success was in sight in the Chanf
ber of Commerce canvass for a 4,000
membership, as the canvassing teams
reported at their luncheon meeting
Monday a day's total of 142 new
members, bringing the campaign to
tal to 1645 new members.” These,
with the original membership, leaves
only 705 new members to be ob
tained.
Tuesday will sea the last day’s
work of the canvassing teams, dl
though the campaign may be contin
‘ued-along other lines if neecssary te
complete the total. A meeting will
be held Tuesday afternoon at 4
o'clock, when prizes will be awarded
for individual workers.
. R. C. Lecraw, a member of James
B. Nevin's team, reported the high
score for Monday's work with 32 new
members., Arthur Howell was second
with 24.
The team of B. D, Watkins, of
which Mr. Howell is a member, re
ported the largest team score, with
57 members.
There were several plural member
ships reported, including Webb -and
Vary, 6; Lester Book ana Stationery
Company, 6; Byrd Printing Company,
6; Southern Cotton Oil Company, 8;
Excelsior Laundry, 4. The team
workers reported as follows:
Mrs. Julian, Boehm, 3; Harry Coh
en, 11; W. E. Sexton, 4; Bayne Gib
son, 3; Alvah E. Harless, 2; Newton
C. Wing, 8; Capt. L. A. Smith, 2; F.
W. Allcurg,, 11; W. D. Hoffman, 6;
R. C. LeCraw, 32; William Burckel,
23; Frank E. Davis, 2; Frank Daub,
8; Arthur Howell, 24.
City Plan Expert Is
Called to Florida
Because of the sudden illness of his
father at Punta_ Gorda, Fla., Robert
Whitten, advisor of the city plan
¢commission, Cleveland, 0., was un
able to meet with the executive com
mittee of the Atlanta planning com
mission Monday. Mr. Whitten ar
rived in Atlanta Sunday night and
found a telegram uvlvait’mg him here
calling him to Florida.
While at the station he held a short
conference with R. R. Otis, of the
commission, and explaine dthat he
would be compelled to hasten on to
Punta Gorda to see his father.
The city planning commission will
meet at the City Hall at 3 o'clock
Wednesday afternoon.
Payne Starts Fight on
Hearst’s Ship Injunction
(By International News Service.)
WASHINGTON, March B.—United
States District Attorney John E. Las-
Ky, representing John Barton Payne,
chairman of the United States Ship
ping Board, today filed a motion in
the Supreme Court of the District of
Columbia to dissolve the injunction
granted February 24 on petition of
William Randolph Hearst to enjoin
the Shipping Board from selling the
ex-German passenger vessels seized
during the war.
Hearing on the motion will he
heard Friday morning.
3 THE WEATHER.
Forecast—Fair, slightly warm
er tonight; Tuesday, fair and
warmer.
Temperatures—6 a. m., 16; 8
a. m, 21; 10 a. m,, 28; 12 noon,
3 1pm,37:2p.m,. BB
Sunrise, 5:58 a. m.; sunset,
| 5:40 p. m.
Diamond Rings
As Engagement
Tokens Taboo
(By Universal Service.)
| CHH'AG(), March B.—Diamond
engagement rings will not
be acceptable to the unattached
members of the Chicago branch
of the Daughters of Martha
Washington. Unanimous agree
ment to taboo this stumbling
block to matrimonially inclined
swains was reached by the 1,700
members of the lodge.”
A circular, signed by Mary T.
Mahoney, president, and Anna
E. Murphy, secretary, explains
the cause,
“The diamond mines of the
world today are controlled by
‘the government of England,
which arbitrarily determines
the prices that are paid for them
in this country,” the circular
states. “We decline to pay tri
bute to any foreign power and
therefore advise our sisters
against accepting diamond rings
as engagement gifts."”
i
Constructinn Records Will Be%
Broken, Says Leader of i
Builders’ Excllange
The year 1920 will be a record
breaker in construction in Atlanta,
according to R. 8. Wessels, president
of the Atlanta Builders' Exchange.
More residences and business struc
tures are being constructed now than
ever before, according o figures from
the city building inspector. i
Mr. Wessels obtained infurmations
from A. C. McDaniel assistant city
building inspector, that 1,800 new
homes are being erectcd here with%
plans for double that number in a
few months. If the labor and ma-}
terial situation improves Mr. Mc-l
Daniel estimfates 2,500 residences will
be erectzd in the early spring. 1
Some of the new buildings to bes
started soon are shown in reports of
building permits issued in January,
February and March, tabulated as|
follows: |
January -— Seventy-eight l‘rame‘
dwellings, $541,000; brick dwellings, |
$45,000; five apartments, $363,000;
lt‘rume church, $200; two frame busl-;
ness houses, $7,100; twelve brlckj
business houses, $568,700. 1
| February — Thirty-three frame
dwellings, $173,200; three apartments,
$110,000; three factories, $170,700;
two frame stores, $725, and twelve
brick business houses, $142,750.
March—Sixteen frame - dwellings,
$87,700; one frame apartment, $50,-
000; one brick office building, $16,000,
and a four story office building, per- 1
mit to be issued Monday, March 8,
costing $25,000. ;‘
Here is' an interesting table ufl
building statistics for January, print- ‘
led in The Georgian February 17: l
l Atlanta, $1,721,5686; Augusta, 811:.-i
297; Macon, $103,085: Lexington,
| $137,695; Louisville, $515510; New
Vi()rleuns, $338,160; Chaitanooga, 87;58,—;:
;os:; Knoxville, $72,937, Memphis.
i 5447,973; Nashville, $535,456. |
|
. . o ‘
| Americus Visited by
| Meanest Auto T hies
| AMERICUS, Ga., March B.—The
!mflanesz automobile tnief has visited
lAmori:-us. He stol a Cole car be
longing to Dr. B. F. Bond, county
health officer. As a result, Doctor
| Bond will be unable, temporarily, to
| attend to his duties. With an in
| fluenza epidemic, this may result
| seriously in any community,
| The car bore a United States Pub
{lic Health Service tag.
| CLERK FLEES WITH $30,000.
| HERMOSILLO, Mex., March 8.-—-
! Enrique Espanosa, a clerk in the of
!fic&- of the Stateof Sinaloa, hu:q dis.-
appeared with SBO,OOO of the State's
‘funds, it was reported here today. A
French woman left with him.
|
|
|
’
i
Hardwick, Back From East, Says
Anti - Administration Forces
- Will Enter a Candldate.l
By GEORGE H. MANNING, t
Washington Corresgondent of The!
Georgian.
WASHINGTON, March B.—Because
he can not give his unqualified en
dorsement to every act of President
Wilson, which A. Mitchell Palmer |
takes as the predominating issue iu‘
his platform, Senator Hoke Smith
will not support the atorney gep
eral's presidential candidacy in Geor
gia, he declured today.
Sénator Smith denies, in a ptate
ment issuedtoday, the report that he
favors Palmer's candidacy, and as
serts he isg taking no part in the com
ing Georgia presidential primary be
cause he has no fixed opinion as to
whom should bhe selected.
He is proud of the vrecord of)]
achievement of the Democratic party
in the past seven years, Senator
Smith says, but he differs with many
acts of the President, especially those
committed recently. I
“Not having a fix: opinion as to
who should be selected as our stan
dard bearer at the Democratic Na
tional Convention,” says Senator
Smith in his statement today, “I have
sought to avoid any .part in the com
ing Georgia presidential primary, but
Holleman of the Atlanta Constitution
seems determined to force me into
it.
“In a telegram to the Constitution
of Wednesday, he stated that the
members of the eGorgla delegation j
are lining up almost sclidly behind
Attorney General Palmer for the
Democratic nomination for President,
and that 1 have repeatedly expressed
my high regard for him. The obvious |
purpose ¢f this article was to m‘eute’
the impression that 1 favored Mr.
Palmer's candidacy. T wish te correct
any such idea. My personal relations
with Mr. Palmer have bheen very
pleasant and 1 trust will remain so.|
but when he announced as his plat—l
form an unqgualified endorsement of
every act of President Wilson, he
made it impossible for me tg support
him for the nominatioun. S
“The Wilson administration has
many splendid achievements to its
credit. It has also done a number
of things especially in the latter
yvears with which I was forced to
differ.
“Only a small percentage of the
voters of the country approve every
act of the administration. The wise
course for the party is to plant itself
on its greamachievements in the last
seven years and not to insist upon |
blindly following those policies of lhe'
President of which the public have
shown they disapproved. l
“It has been, and m, my desire to
take no side in the Presidential pri
mary. But I have no hesitation in!
expressing the hopes, since we are '°l
have a primary, that all Democrats
may have an opportunity without re
straint to vote for whatever candi
date they wish.
“To deny this privilege will cre
ate discord in the party, and espe
cially so if a large number feel that
their rights have been taken from
them.
“Without regard to any candidate,
the only way to run the party is to
let o\'flr& Democrat express his pref
erence and let the wishes of the ma
jority vnn?rfll."‘ # A
Anti-Administration ,
Democrats to Run '
Thomas W. Hardwick. fnrmerl
United States senator, returned to|
Atlanta from the East Monday with |
announcement that an :onti—ndminifl-’
tration Demoecrat will be entered in|
the Georgia presidential nrr\fnrancef
primary April 20. Democratic oppo
nents to the League of Nations will|
be given an opportunity to set forth |
their nosition, he said, without going |
outside the party !
Mr. Hardwick made the annnunce-z
ment in outlining plans for a speak- |
ing tour of Georgia by Senator Jam:s|
A. Reed. foremost opponent of the!
League of Nations in the Democratic |
wing of the Senate. Mr. Hardw!ckf
sajd:
“Receiving many requests to rp-!
turn to Georgia after speaking in At- |
lanta last July, Senator James A,s
Reed has consented to make speeches
in Georgia prior to the April prim:n‘y,l
Continued-on Page 2, Cohm‘n &
P . N W e ” - SaIEE < aC TER
& yg, fi':%{ . I& ‘
- ’ A Hy sfl\j b
B 8k Woa A e
MV I R S
" .
T h 3 Y ]
o I - e sy e
# g en W\
Jssued Dadly, and Entersd as Second Class Matter at NO 198
the PostofMce at Atlants Under Act of Mareh 3, 1879 . .
Turks Roast
.
Armenian on
.
A Slow Fire
(By Universal Service.)
PARIS. March B.—Details of
the recent butchery of more
than 100,000 Armenians shows
that the massacre was the most
barbaric yet recorded, Ten
Catholic bishops weré among
those tortured to death.
Mgr. Tchelebian, Bishop of
Diarbekir, it is learned, was
buried alive with only his head
left above the ground, while
Mgr. Katchadourlian, bishop of
Malakia, was roasted to death
over a slow fire.
Clues Said to Have Been Found
? by Sleuths on Trail of
i r Aoaiahiden o
P - Batcheller,
| AT
Nation wide search of R.(C. Batch
eller, missing vice president of Bank
of Palmetto, who disappeared last
week after a shortage of funds, was
started Monday when detectives took
up his trail. . Clues are sald to have
been found regarding his movements
since he left Palmetto.
While officials are reticent, it is be
lieved he is either in the vicinity of
Atlanta or took a train from this city
for another part of the country. The
automobile in whieh he came to At-
Janta from Palmetto last Tuesday has
been found in a local garage.
" No statement as to the amount of
Batcheller's shortage could be ob
tained from officials of the bank
‘Mnnda_\' other than that it amounted
to a substantial sum, all of which has
tbeen made good. They declared a
State law forbids publication of such
figures. ¢
STOCK SPECULATION.
Speculation in cotton and stocks is
thought to h.ve been the cause of
Batcheller’s shortage, A suit was filed
in the United States District Court
last week by Alex Hyman and Com
pany, a stock firm of New Orleans,
against the Bank of Palmetto, seek
ing to collect $25,000, alleged to have
been deposited by them and for
which they claim they received tele
graphic acknowledgement from
Batcheller. They set forth the claim
that drafts sent to the bank a few
days afterward were not honored.
Officials of the bank say this action
grew out of Batcheller's transactions
and that records of the institution
show no such deposits had been made,
The theory is also advance dthat, as
there is no telegraph office at Pal
metto, the telegrams sent by Batchel
ler were evidently sent from Atlanta
or some other place either by him
self or some one else.
Judge Sibley issued a rule nisi re
turnable March 15 requiring the bank
to show cause why the draft was not
horored. Monday morning he va
cated this order, reducing the liti
gation to a civil action between the
firm and the bank. # |
WITH BANK 10 YEARS.
Batcheller is about 35 years old and
had been with the Bank of Palmetto
ten years. Up to last October he was
cashier. He was elected a vice pres
jdent. He is married and has three
children. He formerly was a mem
ber of the Campbell County schon!‘
board and considered to be of ex
emplary habits. He formerly owned
about 145 shares of the 250 shares
of stock in the bank, having. accord
ing to Dr. T. P. Bullard, president
of the institution, hypothecated most
of his holdings. |
Dr. Bullard declared the shortage
was discovered after Batcheller's dis
appearance and that every cent of it
had been made good and the bank
wae doing business as usual. He
declared the bank to be in better
financial condition than ever. Last
vear an 18 per cent dividend was
paid. i 2
An interesting fact was brought to
light Monday in connection with the
suit filed by Alex Hyman & Com
pany when it was cited by legal
authorities that rules of the New
York and New OQrleans cotton and
stock exchanges forbid members from
engaging in any gambling specula
tions with officers or employers of a
bank. It was intimated that suits
to recover money turned over to the
cotton firm by Batcheller might be
based on“this point. Y
Supreme Court Decision Was
Eagerly-Awaited by Big Corpo
rations—lssues Are Expected.
Spot cotton was quoted by the At
lanta Commercial Exchange Monday
afternoon at 41.25 cents a pound,
basis good middling.
This is the highest price on record
in Atlanta.
(By International News Service.)
WASHINGTON, .\)Zw'h B.—Stock
dividends are not taxable under the
1916 income tax law, the United
States Supreme Court decided today.
}A test ocase was brought by Mprs.
Myrtle H. Macomber in the New York
iJv‘edural Courts to recover taxes filfl
on 1.100 shdres of stock of Standard
Oil of California given as a Stock
dividend. The lower courts decided
in her favor and the government,
through Mark Eisner, collector of in=
ternal revenue for New York, ap
pealed the case to the Supreme Court.
The decision of the lower court was
sustained by the Supreme Court.
The decision upholding that of the
lower court was handed down by
Justice Pitney. %
Justices Holmes, Day, Brandeis and
(lark dissented from the decision.
The decision has TDbeen eagerly
awaited for months by the big finans
cial interests of the country. It will
be followed by the declaration of
stock dividends by many great cor=
‘porations which have been withhold
ing action pending the announcement
of the view held by the Supreme
Court.
News of the court decision was
followed by a great rise in stocks
on the New York exchange. ‘General
Motors jumped more than 30 points
and most of the other stockd rose
sharply.
Court to Hear Attack
On Prohi Amendment
WASHINGTON, March B.—Another
attack on the constitutionality of the
prohibition amendment and portions
of the enforcement act was sched
aled today in the Supreme Court,
when argument was to be heard on
the original proceedings brought by
the State of Rhode Island to have
the amendment declared invalid@ and
its enforcement enjoined.
Appeals from Kentucky and Mas
sachusetts, where Federal Courts
have sustained the constitutionality
of the prohibition amendment, were
also to be argued. :
Attorney General MeCran of New
Jersey, w:‘s to ask the permission of
the court Yo bring proceedings simi
lar to those brought by Rhode Island
and to be heard in argument.
Solicitor General King and Assist
ant Attorney General Frierson ap- ¢
peared for the government,
Wayne B. Wheeler, general coun
sel for the Anti-Saloon lLecgue, made
application to file a brief in the Ken-~
tucky and Massachusetts cases.
The brief set forth that the eight
eenth amendment was legally sub
mitted by Congres to the States for
rejection or ratification; that the
people of a State can not reserve
power to act In the matter of ratifi
cation of a federal amendment with
out further amending the federal con
stitution; that the ratification of an
amendment to the constitution ijs a
legislative act and can not be sub
ject to a referendum; that concur
rent power to enforce the eighteenth
amendment by appropriate legisla
tion authorizes both State and. nation
to enact prohibiticn laws, but does
not allow license or permissive laws;
that a State prohibition code may
contain more drastic provisions than
the federal code, but such State en
actments can not permit what the
federal act prohibits; that in case of
conflict between the federal and
State laws, the courts are mnd to
support the authorized fed ’
as supreme laws; that Com_ ;
— e g q'&,il Lfifi“
: Co. :_fl o "
