6
THE WEATHER:
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watch label;
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to Mar esiUwHsa aa evtM
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VOL CXI. NO. 88. !
FORTY-EIGHT PAGES TODAY.
RALEIGH, N.
AY MORNING, MARCH 28, 1920
FORTY-EIGHT PAGES TODAY.
PRICE: FIVE CENTS
. -st' s . s . . ill ii. .ananas
vri i f i ill rw c
Nil II it ll-l I II JVV
1
J
af"'
f
Ifl
ARE GIVEN UNTIL
.Norfolk and Western Men
Warned by General Manager
Jobs Be Lost
BROTHERHOOD HEAD IS
ON SIDE OF RAILROAD
Although He Says Strike Is Il
legal Men Say They Hare
"Withdrawn" From Service
of Road and' President of
Union Has No Power To
- Make Them Return
Roauokc, V., March 2". W. J.
Jenk, general manager of the Norfolk
and Western Railway, in a statement
addressed to heads of clerical depart
ments, throughout the Norfolk and
Western system, made public here .to
night, declared that if the. cjerks who
were on strike du not return to work
by Monday their positions will be de
clared vacant.
Although warned yesterday by J. J.
Forrester, grand president of the
Brotherhood of Railway Clerks, that if
they did not return to work by six
o'clock this evening, their charters
would be revoked by the grand lodge,
the striking clerks on the Norfolk and
Western tonight, through their general
chairman, 0. B. Lane, announced they
will remain away from work until their
demands for. the . discharge of two
-BOTi-iinio"& cirrts Te met by the -com
pany.
The clerks, in a prepared statement
made public tonight, take issue with a
statement made yesterday by Presi-
STRIKING (
MONDAY TO YIELD
" dent : rorresW'thar nhcy af conduct
ing au ''illegal strike" and assert that
they have "withdrawn" from the com
pany s service, without' call and with'
. out vote, simply as a protest against
W. T. Divers and Amos Headtey, clerks.
who, they claim, insulted a young
woman s niploye
Caa't Cell Them Back.' , -
- "Grand President Forrester, of the
clerks' organization, did vet call these
clerks out and ht cannot call them
i Chairman Lan tonight declared. D
of . the 3,000 organised clerks on the
Norfolk and Western arc out Railroad
official bold that leas than 100 hare
struck.
: .' . - t
BROTHERHOOD-. OF Fid Al i
JQVBSnON FORRESTER WljtE.
.. Columbus, O., March 27. A telegram
purporting to be, from J. J. Forrester,
grand president of the Brotherhood of
Railway Clerks at Washington, to V. B.
Lane, ganeeaV-ehairman f the, brother
hood at Roanoke, Va., declaring tha
walk-out of cjerks of the Norfolk and
Westera Bailroad Company at Boanoko
to be illegal and ordering them back to
wore within 4 hours after 6 o clock
Saturday night, given out by company
officials today, waa questioned by broth
erhood officials in Columbus.
P. L. Galvin, president of tha Co-
nmbus brotherhood, who has called a
meeting of .tha local branch of the
brotherhood including both clerks and
ireight Handlers of the Norfolk and
weT.er&r ai- no aa been anaWa le
confirm the report that Forrester had
held the strike illegal. Hs said he wax
advised by Lane to disregard the For-i
rester telegram given out by company
omciais.
CONTROL OF PACKERS IS
URGED BEFORE COMMITTEE
Washington, March 27. Federal reg
ulation of the-peeking industry i the
only thing that will allay distrust of
livestock producers, ti. W. Tomliason,
eecretary of the American Livestock
' Association, told the House agricultural
committee today in its hearings oa reg
ulatory legislation.
Producers generally feel that they are
not paid enough for their stock, said
Tomlinson, and .'do not consider . that
the recent eourt decree agreed upon
by the Department of Justice and the
packers is sufficient to prevent the "big
1ve',-from dominating stock yards aad
holding down prices.
DISORDER IN COURTROOM "
AS VERDICT ANNOUNCED
' Winnipeg, March 27. Serious dis
order which for a time threatened to
become a riot marked sthe announce--
ment today of a verdict convicting five
'leaders of the general strike here last
May of seditious coiispiraey. The crowd
' in tfis eourt room received the verdict
" with derisive erien, hisses and hoots
and when Justice Metcalfe ordered the
court room cleared by a squad of con
stables, the crowd voiced ita disapproval
with lond shouts. : "
One ef the deputies was struck ia the
" face by a man in ' the erowd and two
constables attacked his assailant, After
tea minutes the erowd was drivea into
--the - streets aad the deaoastratioa
ceased. ' v ;' . ..4
FORM. LABOR BATTALIONS T ;
Jn;iRhi:;OFaoutEViBa
r-WTashigtoBV March 27. Organization
. ef four labor bstfajions by the Bolahe
viki as the first , step toward the me
billration of all labor ia Russia was
reported ia advices today to the State
.Department. The four battalions nre
located one each ia Petrograd. the Doa
- reior4hst'kainaeetor. endla Bi..
beria. H,-.
The advices said the purpose of the
mobilisation waa to put labor ia a posi
tion eaalegou to that of the military
. fereM and that Uhe bat,talibna, werej
made u of former soldiers whose eerv-j
ice in the Bolshoviki armies no le?-
aras needed. - v.. -, :
HEADS CONFERENCE
ON SOCIAL SERVICE
WawWasoauSPWaiBeBBBaeBBeBBBU
r - -
fi - t
Dr. E. C Branson, Kenan professor
of sociology at, the university of North
Carolina, waa elected president of the
North Carolina- conference for social
service at ita eighth annual meetisg
in Goldsboro tho past week. Dr. Bran
son, who is a native of Slorchead City,
haa been active in the work of the or
gaaixation since his return to North
Carolina six years, ago - after, a dis
tinguished career as educator in tat
State of Georgia.
Half Million Dollar Loss From
Blaze Thought To Be T -
Insignificant
j.
.-JteajOtorA.!
origin tonight destroyed the mata
building of tha Tilghman Lumber
'Company, oa tha northern edge of town,
entailing a loss of half a million dol
lars, partially covered by insurance.
Jit midnight the fire waa still "raging,
but it waa thoaght that ft could be
eonflaed to the building ia which it waa
burning. Millions of feet of tho finest
dressed lumber in the State ia stored
oa the grounds, and . should the fire
spread -it would taase millions of dol
lars la loaae. '
- Waea first discovered about 10 dock
the fire waa eoaiaed to a Small area
of the southern part of the plant. Work
men thought they could control the sit
uation without the aid of the fire de
partment, and no alarm was turned la
uatil-10:30. SoOaT: aftcr!e: fir-department
arrived the blaze was almost
under control, but suddenly spread to
the wooden tower of the water tank,
fhe' tank collapsed, and 1b firemen
were forced to resort to only a. pateat
fire extinguisher. -
The Tilghmaa liumbereompany is
one of the largest lumber companies
operating ia Virginia and the Caro
lina. The plant here is the largest of
a number owned by the company. , J.
M. Tilghman, presideat of the company.
ia ia a hospital at Hot Springs, and no
one could tell tonight the extent ef
the insurance that waa carried oa the
destroyed sections of the plant.
CANT BLAME COPS FOR
LORD MAYOR'S MURDER
Cork, Ireland, March t7. A full and
complete investigation of the ' whero
abouta of the police oa the night of
the murder ef Lord Mayor MaeCurtaia
haa proved that none waa off his beat,
or at Ms home at the critical hour, the
government counsel told the coroner's
jury which is conducting aa inquiry
into the murder today.
Mr. Wyllie, the government counsel.
lid that a system of book waa kept
at the barrack ia such a manner that
the movements of the men were checked
and showed it, to oo" impossible that
the crime was committed, by. a police
officer. Numbers of police rifles had
been taken ,ia raids so that it was
possible they were used by others than
the police, Mr. Wyllie added.
RUPERT BLUE LEAVES
. . ON EUROPEAN MISSION
New York, March 17. Dr. Rupert
Blue, forojer surgeon general of the
Uaited States Public Health Service,
left here today en the steamship New
York for Southamptoa oa a government
mission te iaveatigate health conditions
ia Europe. Dr. Blue will give special
attention to the control of typhoa from
the standpoint of quarantine reculatioae
as affecting this eatryr-
In anticipation of aa early increase
la lmmigrat,ioa.'ytha public health ser
vice has ' stationed representatives ia
several of 'the large ' European ports TO
keep check aad report oa general health
conditions.
HINES AND ROOSEVELT'
:civend;s.crosses
Washington. D. C March TI. Award
of distinguished service cross to Maj
or General John L Hint aad lieuten
ant Colonel Thaoduro Roosevelt, ws an
aauaced today, at the War. Department,
Celeael-Booeevelt received the-award,
according to the c-Uaioa, f or aeioixm ia
the Cantigay raid aad later ia action
at Boissoas. -
... v--. r . ? "
T aT4iy lFateCw'C
Washtegtoa, March ST-Tho Mexican
government oon wUI resuma.peyaient
of interest oa its foreiga debt, the
Mexican Embassy here, wa advised, to-
dsy-by the Mexico City Forsio Offiee.
Tbis isteatioa-Ot Us government was
mawi,ed..B
by Che Dermrtmeat of Finance. Interest
jnyments have aot Oeea made aince
. :c -- -
LUMBERPLANTAT
DUNN DESTROYED
CALL BORAH FOR
ASSERTION AS TO
CAMPAIGN MONEY
Lowden Offers To Furnish
Statement of Expenses In
Seeking Office
DOHENY FLATLY DENIES
HELPING WOOD IN RACE
Latter Calls Eeport of His Con
tribution "Unfounded, Un
warranted, and Without Ba
sis;" Senator Calls On- Oil
Magnate For a More Thor
ough Explanation
' Washington, D. C, March 27. Fol
lowing up his charges of excessive ex-
denditures in the interests of Bepubli
can Presidential aspirants, - Senator
Borah. Republican, Idaho, today wired
Governor Frank O. Lowden, of Illinois,
askina that he sond a representative to
Washington to make a detailed state
ment of money ussd in Lowden Cam
paign....
The telegram waa in response to one
from Governor Lowden offering to fur'
nish such a statement. Henator Borah
alse wired Edward L. Doheny, Califor
nia, California oil magnate, asking for
further information in connection with
the latter' .denial that had had con
tributed to the expenses of Major Gen
eral Wood.
A telegram from Ednard U Doheny,
of California, denying reports that he
had MtrAute-to-the campaign-fund
of Major General Wood waa put into
the Senate record today by Senator
Phelan, Democrat, 'California; .It
character! led statements on that , sub
ject published ia the Kw. .York Worjd
and quoted ia the Senate yesterday
by Senator Borah, Republican, Idaho,
as 'unfounded, unwarranted aad with
out oasis.
- Barak Replica.
Senator Borah's reply to Governor
Lowdea follows:
Wir received aarbteascd cr eet It.
If jou are ao disposed and will send
the party hero who can give me details
of contribution and expenditure I will
take a aUnographla report, plaee it ia
the record and snake it public. As I am
otherwise engaged aext week. I would
Sx the date for April .fifth or sixthXf.
so Mr. Xoueny, who had telegraphed
that the story of a contribution bv him
to the Wood campaign was a falsehood,
Senator Borah sent the following mes
sage:
Toes "Jour' ffehMrrntutTdins
eover your business concerns or busi
ness interests wtth which you are as
sociated I am led to ask this for the
reason that since receiving your wire
I am again assured the eoatribution
wis made and that it i understood
to have comer from you and your busi
ness concerns. I shall be glad: tie make
your statement public."
LIEUTENANT MAYNARD .'.
LANDS AT MORGANTON
Hies By AsheviQe, Bnt Wires
Back That He Will Betnrn '
- There Today y-vUv;;.
Asheville, March 27. Lieutenant B.
W. Maynard, the "flying parson,' eould
aot find Asheville in the skies this
afternoon, so he landed at Morganton,
tO miles beyond anil ever the moun
tains. He left KaoxvUle at 4 p. m. and
evidently fearing thjL high mountain,
something he was Bot used to, overshot
the city, landing la a Held near Mor
ganton and Wiring back here.. It is
estimated that 10,000 . people waited
from 4 o'clock .until 7 on the field in
the Biltmore estate for the arrival of
the aviator whose message did not get
baek feere until after dark tonight,
, Maynard wired that he would return
to Asheville tomorrow and give the
scheduled exhibition here at that time.
The banquet which had been' arranged
for tonight by the local alumni of
Wake Forest College ha been "called
off, a haa the sddress to be delivered
at the First Baptist Church tomorrow
pyMayard. . .. -
COURSES IN MEMORY
. TRAINING ASSAILED
Philadelphia. Ps . March 27. Over-
night - or week-end - educations ia
"memory tralaing and boainese man
agement" were eritieiced today by. Dr.
Hollis Godfrey, president of tho Drexel
Institate, addreasihg ther Convention (f
the Technology Clubs, Associated. Jle
said courses ia - "business efficiency,''
etc,,, frequently advertised for quick
and easy assimilation " were ' "get rich
quica education. -There are 7-aot
enough freshmen In technical colleges
now to make up for the shortage ia
executives,'' le aaid. "Many industries
also need foremea. One of the great
needs ' of "the' day to for management
educatioa of the proper kind." '
ANOTHER FRUITLESSDAY
t,;0F,SEARCH FOR AIRMEN
Carlstrom - Aviatioa Field. Arcadll.
Flaij March S7-Anoher day -haa paased
without nay trace being round of lieu
tenant Omar Niergarth, the army flyer,
who has been missing einee laat Tuesr
day, when he left here for Fort Myers.
Fifteen airplaaea front Carlstront apeat
the day ovr 4h-vast w ilderness ef the
everglade in, the section of Deep Lake,
where it was reported he bad been seen
by some Seminole Indiana, denixena wf
the '(lades, ,late Tuesday.
p. m. Big Caxd. JBunaing and' Harness,
, : -- ,ad v.)..
NEW ASSAULT MADE
ON GENERALVOOD
BY
Claim Army Officer Not Physi
cally Fit To Lead Divi
sion To France
MANAGERS TO REFUTE
LATEST OF THE CHARGES
Republicans Expect To Get Del
aware ia Line for Equal Suf
frage; Overman Gets For
estry Bill Through For Ashe
rille : Britton Breaks Into
Print Again
The Newa and Observer Bureau,
floa District National Bank Bldg.
Br . K. POWELL.
. (By Speciai Leased Wire.)
- Washington. March new as
sault on GeacfgrWood's candidacy for
the, Bepublleaa nomination for the
Presidency haa arisen within the ranks
of the Republicans and promises right
now to relieve others of saying, in ex
plaining away th Wood cry, that be
didn't receive a square deal when he
waa left over here while ht division
went to France, just why General Wood
stayed home. . .,.
The story is told for the first time
publicly that the frieade of General
Wood are preparing to ahow that Gen
era I Wood is physically and-mentally
unfit in consequence of .publicity given
to his lameness, growing eut of the re
moval f a tunw-f rom hia- beaia aome
v ears' aao,
It ia almost th unheard of thing Sa
politics, the discussion of the physical
fltneM of candidate for the Presidency,
but is the -one thing the Republicans
harp upon w&eft they are appraising
the possibility of President Woodrow
Wilson running again. ; la his case, h
is entirely too siek, they say.
Weed Pesea aa Martyr,
But General Wood was kept at horn
because he ia a Republican, insist hi
followers, and not befauie he dcsllned
to allow the vegurnr army meaicai ex
aminers to pass upoa hia Otaeao to lead
a divisio i ans. Uachose a board
of civiliflt dootos-vho. said that he
wa ia good shape and the the cartais
rang down.; It didn't stay down long,
because General Wood was soon before
the Amerleaa people in" tate. role of a
m'aMy-rv ..- ' -.: .
Wood managers 'at tha National capi
tal, it Va aaid today, are preparing vo
refute this 'charge just as they denied
the charges made by, Senator. Borah yes
terday that-Wood backers are lined up
REPUBLICANS
with Wall street snd sittjng up nightfiiiteFfbof H Herr-ehliekr-a
to devise way and means for spending
money aad corrupting the electorate.
Borah haa thrown such a scar into the
Republicans that the general opinion,
gathered from any but partiaan observ
er, is that the chances for the 'Dem
ocrat to nam the President next No
vember are far better thaa ia 1912. A
'split worse than the Boosevolt-Taft split
then 1 threatening the Bepubltcaa party
today.-.. "" "- " ;;i
' Delaware Will Pans SusTrage. 1
Not only is there a pronounced fight
within the , party, but supporter of
Herbert Hoover in Philadelphia
other parts of the country have organ
ised Hoover Kenublioan clubs. ' The
fact that ho Hoover Democrat club a f
being organised is embarraaaing Dem
ocratic newspspers who kept Hoover
on the first page for several days
Hoover stock, so far ss the Democrats
are concerned, isn't a political invest
ment any longer,
Perhaps no one thing ha brought
tear into the heart of the Republicans
Ss great aa the situation is Delaware
where the eyes of the nstion are turned
for the final verdict on suffrage. Suffrage
leader have declared the delay un
pardonable but at the asm time ia.
sisted that they will keep the fight up.
It now looks aa if North. Carolina may
be denied the chance to be the 36th
State to ratify because of tho enormous
pressure Chairman Hays and nationally
prominent Republicans are bringing to
bear upon the member of th Delaware
legislature.
Overmaa Get BiU ThrMxh.
. Senator Overmaa late yesterday had
aa amendment inserted -ia. the Agri
cultural Appropriation bill carrying as
item of $45,000 for the establishment
of a forestry experiment station at
Asheville. -"' m .'-',, , .;.
While the particular smendnscat did
not eomo within the scope of a peculiar
situation existing ia the 8eat at th
time, there, were a number of amend
ment offered by Democratic Senator
which weat through without objection
en the part of 8eaater Gronna, Bepab-
eommiftee, because of a diltmma iu
which tje Republicans found themselves.,
- A gxeat ar members of the-minor-
Uy side f the chsmb'evral-rf L
wnom are running lor th presidency,
are ,out .of the city. 80 are several
Democrat who are resting their bodies
after much fighting over the treaty.
Therefore, on yesterday, wbea Seas tot
Ashurst offered aa . amendment that
didn't suit Senator Gronna, the Arizona
solon delivered' ah ultimatum. "Pass
it, or I'll call for a quorum" Ashhurst
demanded in a sloak room conversa
tion, a fev amautciv later. - It went
through. " -! , " ' '
'lr tips' Ma'Cem Back; sJL' " '
John, Early, the North Carolina leper,
is threateaing to com baek to hia old
quarter in th Anaeostia Flats, near
t Washington, according : to -Wlllard
Oatlivre, another victim of the snow l
whit, pjague,. who . turned., up at. . tht
emergency aospital her yesterday. Dr.
WiUiam Fowler, District Health officer, i
pronounced Centlivre a leper.
Early h bees quiet ia New Orleans
rollowiac ais- senAatienai -eecape .from
Anaeostia hearly two year ago. Cent-
. (Continued on rsg Twe.)- . ..
RALEIGH WOMEN TAKE HAND
IN CITY PRECINCT MEETINGS
Members of Fair Sex Appear At Precinct Meetings of
Democratic Party and Ask For Recognition of Their Right
aV. Democrats to Voice in Councils of Party.. Three
Precincts Authorize Them to Attend County Contention
as Delegates. .
Demoeratie women of Raleigh plunged
into politic - last night -when - they
appeared at Democratic precinct meet
ings and asked for recognition of their
right as Democrats to a voice iu the
councils of tho party.
Ia both divisions of the second ward
aad ia the second division of the fourth
ward tfieir claims were granted. Women
were elected on the precinct committees
in the second ward and by resolution
were authorised to sit in the approach
ing county convention. In other wards
opposition modified the recognition to
that accorded to all Demoeratie voter
and'1 the right of fie women of these
precincts to sit in convention is con
ditioned upon the ratification of th
suffrage amendment this week.
The result puts the issue squa rely
up to the county convention unless
Delaware acts favorably on the nine
teenth amendment. If Delaware doc
not-so-net' the ...convention, will have
the task of determining whether or
hot the Democratic women of the first
aad second divisions of the second
ward, authorised by their precinct meet
ing to sit in that convention, are en
titled to seats.
Wsats Prove Ability.
Whether or not they got all they
wero after, the women proved conclu
sively thcier ability to manoeuver po
litically. No political coup was ever
planned with keener judgment 4a -the
city, aad none carried out with more
precision. 80 carefully did - they work
that aot half a dozen men in the city
knew half aa hour before hand that
anything unusual was afoot. Whea th
hour for th precinct meetings struck,
th women, a scor or more strong to
';n.irMr,iiiMlw--i
MUELLER IS HEAD
t-OF NEW CABINET
German Body As Formed Said
-k To Satisfy Labor; one :
Appointee Declines
Berlin, March 7-ormation of
. cabinet for Germany with HeT-
msa Mueller as Premier and Foreiga
Secretary waa "announced" "today. Th
Socialist, as is the Premier. The Mia
f-istcr of Economics is Herr Schmidt,
also a Socialist member. The other
ministers r: Gustav Bauer will br-H
come MinUter of Finance; Minister
ithout Portfolio, Dr. Edward David,
Socialist; Vice Premier and Miaiter of
the Interior, Herr Koch, Jpemoerat;
Minister of Defense; Herr Gessler,
Democrat; Minister of Justice, Herr
Pluuck, Democrat; Minister of Posts
and Telegraph, Jobann Gieaberta, Cea-
triet; MinUter 1 of Food, Aadrees
4Ievmes,- Centrist; aad Minislet. of th
.Treasury, Dr. Wirtb, Centrist.
Csptain Cuno, Centrist, and manager
of the Hamburg-American Steamship
company; Minister of Post, and 1 ale-
urarihs. Johann Giesberts, Centrpt;
Minister of Food, Andreaa Hermes,
Centrist; and Minlstcr of the Treasury,
Dr. Wirtb. Centrist.
Tha portfolio for reconstruction has
aot been filled. It will be allotted to
a Democrat.
Dr. Wirth was formerly a Minister
of Finance oa the Baden, government
and a member of the Badea Diet. He ia
one of the leader of the Centrist party
in South Germany.
Htrr Plunck was a member of the old
Reichstag. He is a Hamburg attorney
and assiseted Mathias Erberger in
drafting taxation measurea when Ere
berger was Minister of Finance. -" Herr
Hermes wa a departmental chief la the
Prussiaa ministry of agriculture
Herr Gessler, who succeeds Gustav I
Noske aa Minister of Defense, i thetad been ia New Tork City the week
chief burgomaster of Nuremberg. Up
to this time he has not participated in
politic. t , ' , . - - . ' .
Th labor federation ha expressed
it approval of th cabinet. Th Demo
crats wsnted Count, Bernstorff In
th ministry, but were opposed by the
majority Socialists. Th latter propos
ed their leader. Otto Laadsberg, for S
cabinet poition,; but hi (election was
bitterly , opposed by th Democrats. .
A telegram from Hamburg say Cap
tain" Fischer Cuno has telegraphed Pres
ident Ebert refusing to accept the post
of"mtalteTTfnweeB-th-gTouad
that too many political aadnoa-po-
litieal objections hav - boea raised
against hi appointment. ' :-y.ai v
ONLY TWO
roliiilMfl
APRIL 12 TO
Advertisers deflinnjr space in Automotive Edition, '
Sunday, April 11th, should furnish their copy to
The News and Observer's Advertisinj; Department 1
at once.
m .-.
tho precinct, marched to the place of
meeting, presented their claims, sad
stayed the meeting through.
The nnexpeetsdnes of th stroke
gave the made Democrats no time to
formulate any anawer to the claims of
th womea to recognition. They were
nonplussed for a answer whea they
were confronted with such a demand.
In some of the Second Ward they had
ehamplona among the men. and things
went smoothly. In other parta of the
city they were left to spesk for them
selves .and there waa but little speak
ing. The meeting for th most part
were brief and very formal. Men were
not quite prepared to admit off-hsnd
that women were really qualified to
take part la precinct conventions.
The attitude of th womea was ex.
pressed by Drt Delia Dixon Carroll ia
th First precinct of the Fourth ward
when she dec tared -that they were Dem
oeratie women, and entitled to a voice ia
the" deliberations of too party. "Wear
Democratic women," ehe said. "W
have com here to offer our vet to
tho Demoeratie party. We realise that
aa yet we have aot txsra seeorded thi
right of suffrage, but we feel that the
nineteenth amendment will have pasaod
by the time of the general election. We
feel that we, as prospeetkvr voters,
hav a right to a part in the prelimi
nary campaign."
Same Eights as Mea.
-Doubts are entertained by ame of
th male edrs..aj to the .right of th
party, to accord womea a votler's privt
m until their statu haa been definitely
established by the pas tags of th suf-
(Ceatiaaed oa Page Two.)
!T
Mn, Bristol Asks $150,000
Damages Because of Total
Allnta, 6., March CTCharging
that she was given wood alcohol with
nurderoua iateat to prevent her from
giving damaging evidaace, ilra. Catbe
ria Bristol, of Baltimore, formerly
of Atlanta, hl filed uit her against
John Kelley, of Atlanta, asking iw,uuu
damage. Mrs. Bristol alleges that, a
a result of having drank the poison,
she is permaeently injured, being totally
blind. :
Mrs. Bristol, ia her petition, allegi
th defendant gave her the poison to
prevent her from giving testimony that
he had made threat against the lire
of Miss Lucille Sharp, former Atlanta
girl, who died several months sgo
Baltimore.
It 'is also allea-ed' in-the petition
that a post-mortem examination made
by hospital 'authorities at Baltimor re
vealed that Mum ejharp had come 10
hex death at result of driaktogmwd
alcohol.
IS AFTERMATH OF TRAGEDY
IN BALTIMORE LAST FALL.
Baltimore, Md, March 27 The suit
of Mrs. Catherine Bristol, of Philadel
phia, in Atlanta against John Keiley,
la the aftermath of a tragedy in Bal
timore last November. Miss Lucille
Sharp died oa November 23 last, after
drinking what was believed to have been
brandy, ia the Keiley apartment in
Eutaw place.
Mrs. Bristol drank soras ol th liquid
and for nearly two month lingered be
tween life and death, M Jobna Hopkins
hospital. Sh finally was able to leave
the hospital, but is blind.
The death ef Mia Sharp, aa Atlanta
girl, and th blinding of Mrs. Bristol
caused a tir. Th women, w. rieilev
and Alii Osman, a yonag Turk, weis
occupying an apartment at the Euta
nlaes address.
Usmaa and Hum Sharp
prior to her 'ssth, and had purchased
several quart of alleged brandy. It
was later discovered that the brandy
eontaiaed a large percentage of wood
alcohol.
Mrs. Bristol, a former friend of Eel
ley, had come dowa from Philadelphia,
the Saturday befor Mis Sharp s death.
Keiley aad Osman were held la jaj
for mvertlday, Mis Sharps'" body
wa lent to Winston -Salem. N. C, -for
burial, it having been thought that she
died from Bright' diseasS. Coroner
T. IX Smith and Dr. Henry G. BrfchamJ
dty phyatemn went t w instoa sjalem.
performed aa autopsy .and declared that
wood alcohol aad caused' the woman'
death. . . :..'-; ''':,. .
WEEKS OFF
17 INCLUSIVE
...
North" Carolina
-a-.s
POISONED LIQUOR
CAUSES BIG SUI
BRIEF ATTACKING
"DRY" AMENDMENT
IS BEFORE COURT
New Jersey Brewer Appealing
From Decrees To Highest
Tribunal
T
CLAIMMS IT It OUTSIDE R
SCOPE OF LIMITATIONS
Alleges Amendment -Threatens
"Tederal System of Go vera -.
ment, And Is Unconstitution
al Tor Several Reasons ; Gov.
ernment In Reply Attacks
Each Contention
Wsshington, March 27-CoBstilulios-lity
of the prohibition amendment and
I aria of th enforcement act were at' '
tacked ia a brief filed in tbe Supreme "
Court today Jiy counsel for1 Christina
Feigenspan, a brewer of Newark, N. J
Feigenapan is appealing from Federal
Court decree dismissing injunction. -proceedings
to enjoin prohibition o(B
eials from preventing him from menu-
-faclurtBg beer alleged to be non-intoxi-'
rating, but containing more than one
half of one per cent of alcohol. '
Arguments in this esse as well ss in
the original suit brought by New Jer
sey and appeals from Wisconsin inrelv
ing these questions will be heard by
the eourt Monday. .t
The' brief,' which : wil prepared ' by
EHhu Root and William D. Guthrie,
contends the amendment is invalid be cause
ia reality it ia legislation outside ,
of the scope of limitations imposed by
Article V of th Constitutioaf that it
Impair the state's poliee and govern-,
mental powers,' snd 'that it; aot been '
legally ratified by three-fourth of the ,
state because the constitution of set-
eral states require submission of the
amendment to th electorate. . .;.
Price Tea High.
"It Is submitted,'' tho brief said "thai
th destruction of the liquor traftV,
etsa it desirable fa com aspects, at
th expense of ultimately subverting
oar Federal systsm and local lf-gov'
ramrat end turning out Con.it It utlou
iat a mere code of atatatory enact-,
mean, e." erecting a constitutional pre
eedeat which, will afford legal Justifica-
tioa for spoliation ad th deatructiea
f republic a government, and of leav
ing' every natural tight, whether of
life, liberty or property, wholly at th
mercy of futur constitutional amsnd-'
ment may b too high a prie to pay for
eve th greatest reform, and, such a k
misfortune ahould not be visited upon
tbe people of the United State because .
a comparatively smell minority of them -'
are incapable of self-restraint ia the
use of liquor. It msy bo th duty of
government to protect the comparative- .
ty few weak and degenerate among th -
people, but it cannot be it duty to
remedy aa evea admitted evil if aueh
remedy necessarily involves laying tho
foundation for tbe possible ultimate
overthrow-of our Federal system of
government." , .
Government' Contentions. '
Replying to contention raised in th
Feigenspan brief, the Government de
fended both the prohibition amendment -
and th Volstead act. As to th latter
the "brier aaid: 7 " "
"In order to effectively enforce the
prohibition against intoxicating liquor
Congress had ample power to adopt the. .
definition contained in the Volstead act
ss a mean appropriate to such enforce-
ment. The Volstead act is aa exereis
ef the poliee powers, nd whatever
hardships may result from th destrue-.
tion or impairment of th value of
property or of beer heretofore lawfully
manufactured, it cannot be aaid that
there haa been a taking of property or .
beer aa require compensation, or that .
the resulting impairment , of vlue i
unconstitutional. f. .
''It is said that the amendment an -
thorised Congress to prohibit only in
toxicating liquor and that a beverage
which-does not contain largely more' -
than one half of one per centum of,
alcohol is not Intoxicating. Tk con- '
tentioa I that Congress, being empow
ered only to prohibit ' intoxicating li
quors, cannot by definition, mak a
beverage-intoxicating which i aot . ia .
fact intoxicating within the meaning of
the language of the amendment. For -this
reason it is said that th definition
adopted 1 untruthful and arbitrary and
therefore unconstitutional.
I'M ef Wards.
If is of eours true that Congree. .
cannot extend it powers by giving to-
the language used ia conferring those
power aa arbitrary, meaning which does
cot belong to it. But s0' long ss it ha J
th constitutional power to do tho thing '
which it does it msy use th word em- .
Dloved by it' for that purpose ia any
ser.se which it choose to give them. In - '
otiier word if, in ordef to' afore the
eighteenth amendment, it ha the power '
to prohibit the aale or manufacture of. -
beverages containing leas alcohol thaa '
is necessary to render them intoxieat- .
liiK it ia immaterlil whether It pro'
vidr separately for their prohibition
or aceomplishe-th same thing by in- :'
eluding them, for the purpose of the -act,
in tbe definition of intoxicating
flioie4-f4 tareiefio oay reasoa it .
io. compcteat far Congree to prohibit .
i such beverstc as a mesns f or earing--rf
the - eaforecment "Of the- prohibition :
gainst intoxicating liquors, th defioU
tioa . adopted in the Volstesiaet can- 1
ae Be successfully aasiled.'w
, Beolying ' to- coateatioas that the
Lemendmcat - wd ot eta ratified prep- J;
erlwiy three-fourth of th states, ow
infto provisions in many state pro
viding fr r a referendum vote upoa such
matters too -government asserted that
.the pnty method of ratifleatlon men
tioned ia through representatives as'erj!
blitd either in the Letrialahire or in f
tonvenUoa called for V -i r "-.1