HENDERSON
GATEWAY TO
CENTRAL
CAROLINA
TWENTY-THIRD YEAR
GUFFEY COAL ACT HELD UNCONSTITUTIONAL
JERSEY PRIMARIES
GRIP ATTENTION OF
NATIONAL POLITICS
Roosevelt Unopposed For
Delegate Slate, But
Breckenridge Is En
tered There
BORAH AND LANDON
SEEK G. O. P. VOTES
Fight Between Hoffman
and Fort To Be G. O. P.
Delegates Based on Hoff
man’s Activities for Haupt
mann; Both Are Pledged
To Landon Standard
Washington, May 18. —(AP) —A 'big
week of pre-convention politics got
under way today, with major tension
directed toward a strength test be
tween supporters of Senator Borah,
of Idaho, and Governor Alf M. Lon
don. of Kansas, in tomorrow’s State
wide presidential primary in New Jer
sey.
While neither of these two Repub
licans officially entered the primary,
their supporters put the two names
into the presidential contest and en
tered candidates for delegates in near
ly all of the 14 congressional districts.
A fight between Governor Harold
G. Hoffman and Foremr Representa
tive Franklin W. Fort for a seat as
delegate-at-large to the Republican
convention is a feature of the New
Jersey primary. Fort opposes Hoff
man on the issue of the latter s ac
tivities in the Hauptmann case. Both
are pledged to Landon.
On the Democratic side, President
Roosevelt is assured the State’s 32
convention votes, although Colonel
Henry Breckenridge of New York is
entered alone In the vote for presi
dential preference.
SEEKS COMPROMISE
ON COMMODITY BILL
Senate Agriculture Body Considers
Changes in Cotton Futures Ex
change Contract
Washington, May 18.—(AP>— The
Senate Agriculture Committee consid
ered a compromise on proposed leg
islative changes in the New York cot
ton futures exchange contract today
in an effort to reach an agreement on
the commodity exchange bill.
After brief consideration, however,
the committee adjourned until tomor
row to receive recommendations from
Secretary Wallace.
The changes suggested as a result
of the agriculture committee’s cotton
futures investigation would restrict
trading in cotton futures and reduce
the number of southern points at
which cotton sold oci New York con
tracts could be delivered.
STOCKS SWING HIGH
ON COAL ACT RULING
New York, May 18 (AP)-'The stock
market swung into a sharp advance
today following announcement that
the Supreme Court had declared por
tions of the Guffey coal act uncon
stitutional. In the buying rush many
early declines were cancelled and re
placed with gains of $1 to around $4
a share.
Looters In
Addis Ababa
Given Death
Meanwhile, Europe
Wrestles With Its
Problems of Ger
many and Italy
(By The Associated Press.)
Native bandits were executed today
by military tribunals in the former
Ethiopian capital for murder during
the looting of Addis Ababa.
Ethiopians caught in the act of
Pillaging and killing were placed be
fore the guns of the troops as Fas
cists sought, to halt sporadic raids.
The annexationi of Ethiopia fey Italy
and the still outstanding problem of
German remilitarization of the Rhine
'and zone were two vital questions to
'o discussed at a special cabinet ses
sion in London. Anthony Eden was
expected to report to his government
on the progress of his conferences
with foreign diplomats at Geneva.
TTcnftcrsmt -Datht Bis natch
Human “Guinea Pig”
jiflH
mm H** m
Jerome J. Shepard
Describing his life as a complete
failure, Jerome J. Shepard, formerly
of Cleveland, 0., has offered himself
at Phoenix, Ariz., to medical science
as a human “guinea pig” for labora
tory disease serum tests. Shepard,
who has been a fireman and also was
on the legitimate stage with Otis
Skinner, says he is tired of a make
shift existence and wishes to offer
himself to “service of fellowmen.”
McDonald’s
Rivals Are
Encouraged
- <
They Think McDoh
ald Strength Defi
nitely Waning;
Claim East Wavers
Dnlly UlNpatcb lliirenn.
In The Sir Walter Hotel,
Hr J. C. BASK ERVILL
Raleigh, May 18. —Tnere is more
optimism today in the headquarters
of Clyde R. Hoey than since the cam
paign for the Democratic nomination
for governor opened. His managers
and workers are now definitely con
vinced that Dr. Ralph W. McDonald
is slipping and slipping fast all thro
ugh the eastern counties, which so far
have been overwhelmingly for him.
The severe hammering which Mr.
Hoey gave Dr. McDonald and his pro
gram all last week in his intensive
(Continued on Page Four.)
CIVILGOVWENI
IN BOLIVIA OUSTED
Peaceful Military Coup Car
ried Out By Soldiers
and Socialists
La Paz, Bolivia, May 18.—(AP) —A
provisional junta of soldiers and So
cialists ruled Bolivia today, after the
civilian government of President Jose
Sorzano fell in a peaceful military
coup.
The new council called war hero
Colonel David Toro back from the
Grande Chaoco to become president,
gained suspension of a general strike
movement and proclaimed as its ob
jective to “arient the nation toward
a socialistic state by prudent, gradual
means, without convulsions."
Advices from the interior indicated
(absolute tranquility prevailed' thro
ughout this South American state of
almost 3,'000,000 people.
Colonel German Busch, acting chief
of the Bolivian army general staff,
led the swift, successful La Paz coup
d’etat.
So sudden and unexpected was the
movement that President Sorzano
worked at. his desk until late Satur
day night, left the palace without
noticing the slightest indication of a
plot and announced he would return
to his office this morning.
ONLY DAILY NEWSPAPER PUBLISHED IN THIS SECTION OF NORTH CAROLINA AND VIRGINIA
LEASED WIRE SERVICE OF
THE ASSOCIATED PRESS.
HENDERSON, N. C., MONDAY AFTERNOON, MAY 18, 1930
Measures *he Brain
kI ~... .F jPPjfefas,, H
' I W
Dr. Hallowell Davis of the Harvard
medical faculty is shown with the
instrument with which he measured
the electrical energy of the human
brain at the American Medical As
sociation’s scientific exhibit in
Kansas City.
(Central Press)
HOOVER’S PULL AT
CONVENTION TALKED
Walter Brown, Ohio, For
mer Postmaster General,
Speaks for Him
LANDON CHANCE BEST
But Secret Conferences in Clubs and
on Lake Erie Yachts May De
cide G. O. P. Nominee
for Presidency
By LESLIE EICHEL
Central Press Staff Writer
How strong will former President
Hoover be at the Republican Nation
al Convention in Cleveland next
month?
That question has been asked many
time,s in Cleveland since the Ohio pri
maries. The Republican “Old Guard”
won 47 of Ohio’s 52 convention dele
gatee in a fight with Senator William
E. Borah.
The “Old Guard” was under the
leadership of Walter F. Brown, of To
ledo, who was Hoover’s postmaster
general. But Clarence J. Brown, also
a : power, who led the field among the
Candidates for delegate-at-large, is Col
lA’rq.nk Knox’s Ohio campaign man-/
ajger. And Robert A. Taft, for whom
the majority of delegates are pledged
to vote for (on the first ballot) as
“favorite son”, is friendly to Gov.
Alfred E. Landon; in fact, even has
been mentioned as a running mate.
It must be recalled that the so
called Hoover slate won in California
—although the delegation is counted
as pro-Landon.
If Hoover is to have any say in the
convention, it probably will be
through Walter F. Brown, “boss” of
the Ohio delegation, a crafty politi
cian. He is assumed to be the former
president’s chief tactician.
The question is: “How far will Wal
ter Brown go?”
Cleveland, full of pre-convention po
liticians, believes that Brown is in an
admirable trading position. With,
however, approximately 400 delegates
(out of a necessary 501) already indi
cated for Governor Landon, Brown
will do his “trading” with the Landon
forces.
According to the best information
available in Cleveland, the Ohio dele
gation will split like this on the sec
ond ballot:
For Landon, S 8; Borah, 5, and four
'Continued on Page Four.)
Eden Says Tales
Dum-Dum Bullets
Were Fabricated
London, May 18.—(AP)—Foreign
Secretary Anthony Eden charged be
fore the House of Commons today
that forgery, deception and trickery
were used to obtain “fabricated evi
dence” of Ethiopian dum-dum bullets
purportedly made in England.
He said the evidence was obtained
by Colonel Pedro Lopez, whom the
British knew as a “notorious purveyor
of false information.”
Stung by Italian allegations which
were hastily withdrawn from Geneva
last week, Eden took advantage of
questions in the Commons to tell the
story of Lopez’s activities.
He began the narrative after tell
ing the Commons that he was un
aware of any practical steps which
could be taken to bring the United
States into the League of Nations.
SSerses
IN SUPREME COURT
1 1 . ' ‘% .
’- - -
Six-to-Three Decision Says
Conclusion Uinavoidable
As To Price-Fixing
Order
_____
CARDOZO, BRANDEIS,
STONE DISSENTERS
Chief Justice Hughes, In
Separate Opinion, Says
Act Might Be Sustained as
to Marketing Provisions of
Interstate Commerce; Big
Audience Pfesent
Washington, May 18 (AP)
The New Deal lost today in the
Supreme Court in its contention
that the Guffey soft coal act
was unconstitutional.
In a trenchant decision, the court
said the conclusion was unavoidable
“that the price-fixing provisions of
the (bituminous) code are so related
to the dependent upon the labor pro
visions, as conditions, considerations
or compensations as to make it clear
ly probable that the former, being
held bad, the latter would not have
passed.”
“The fall of the former (before the
court), therefore, carries down with
it the latter.
“The price-fixing provisions of the
code are thus disposed of without com
ing to the uestion of their constitu
tionality; but neither this disposition
of the matter nor anything we have
said is to be taken as indicating that
the court is of opinion that these pro
visions, if separately enacted, could
be sustained.”
The six-to-three decision was deliv
ered by Justice Sutherland before a
Crowded audience.-
Justice Cardozo-, Brandeis and Stone
dissented.
A separate opinion was delivered by
Chief lustice Hughes, who contended
the act might be sustained “in rela
tion to the provisions for marketing
in interstate commerce.”
"The decisions of the courts below,
so far as thtey accomplish that result,
should be affirmed,” he asserted.
The majority held that Congress, in
the law, had exceeded its power und
er the Constitution in attempting to
regulate interstate commerce.
Constitutionality of the Guffey act
to permit Federal control of prices,
wages and hours in the bituminous
industry had been challenged by
James Walter Carter, West Virginia
and Virginia producer, and by 19 Ken
tucky operators.
The majority also held that it was
an improper delegation of power to
permit a majority to dominate a mi
nority so far as wages and hours in
an industry are concerned.
“The delegation,” the opinion as
serted, “is so clearly arbitrary and so
clearly a denial of rights safeguarded
by the due process clause of the fifth
amendment that it is unnecessary to
do more than refer to decisions of
this court, which foreclosed the ques
tion.”
8 Drown In
2 Carolines
In Week-End
(By The Associated Press.)
Eight persons drowned in the Car
olinas during the week-end.
Six of them were in North Carolina,
two in South Carolina.
A father and three sons lost their
lives while fishing in the Toxaway
river, near Brevard.
Raymond Fisher, 35, stepped into
water over his head while seining
and three dff those who went to his
rescue, Ben Fisher, 60, Odell Fisher,
28, and Otis Fisher, 19, drowned with
him.
Harrison Holden, 141-year-old boy,
drowned while swimming in the Val
ley river near Marble, N. C.
Pinkey iMarley, 21, drowned when
his boat capsized on Kimesville lake,
near Greensboro.
"OUR WEATHER MAH
FOR NORTH CAROLINA.
Partly cloudy tonight and Tues
day; scattered thundershowers in
north and west portions Tuesday;
cooler in west. and north central
portions Tuesday afternoon.
Resettlement Program Held
Unconstitutional In Ruling
By District Federal Court
The G-Man Has a Heart
| Hal
W " 4 •//. ./SI
il
Little Iris Arlene Hildebrant, daughter of a deceased ex-service man,
pins a Buddy Poppy on J. Edgar Hoover, No. 1 G-man. Hoover halted
»n the midst of his work of apprehending Public Enemies to help the
cause of the disabled veterans. (Central Press)
Six Lepers Escape And
Kill Seven Near Manila
Zeppelin Battles
Rain In Atlantic
New York, May 18.—(AP) — The
Zeppelin Hindenburg, weathering a
heavy rainstorm, steadily sped far
out over the North Atlantic today
on its second flight from Germany
to the United States.
The Hindenburg; left Frankfort,
Germany, at 11:35 p. m., eastern
standard time, Saturday.
At 7 a. m., eastern standard time,
the Hindenburg reported her posi
tion as about 1,560 miles east of
New York.
“High Command” Unaccus
tomed to Operating As
Minority Politicians
By CHARLES P. STEWART
Central Press Staff Writer
Washington, May 18—The inepitude
of the Republican management in
shaping the preliminaries of the G. O.
F.’s coming campaign is the subject
of much astonished comment in poli
tical circles.
In the past the Democrats general
ly have been the folk who have bung
led.
The Republicans have had a repu
tation as very able strategists. Now
their fingers all seem to be thumbs.
Individual candidacies for the G. O.
P. presidential nomination are being
handled judiciously enough. For ex
ample, Governor Alf M. Landon of
Kansas appears to be an extremely
crafty aspirant. Colonel Frank Knox
undoubtedly has done the best he
could for himself. Senator William E.
Borah of Idaho has committed no se
rious “faux pas’.” Senator Arthur H.
Vandenberg of Michigan is a good
dark horse.
Who isn’t the candidates, separately,
who are so persistently falling over
their own feet.
It’s the Republican organization,
collectively.
NOT USED TO IT
Apparently the trouble with them
(Continued on Page Five.)
U. S. AND FINLAND
SIGN TRADE PACT
l Washington*, 'May 18 (AP) —The
United States and Finland today sign
ed a reciprocal trade agreement de
signed to expand their commercial
relations. Details of the agreement
were withheld.
PUBLISHED EVERY AFTERNOON
EXCEPT SUNDAY.
Philippine Constabulary
Gives Chase but Desper
adoes Are Still
At Large
CITIZENS FEARFUL
OF CONTAMINATION
For That Reason They Re
main Far as Possible from
Fugitives; Call fo* Help
Brings Soldiers; Lepers
Plan To Sail to the Island
of Borneo
‘ J
Manila, P. 1., May 18. —(AP) —Six
desperate Moro lepers fled before the
constabulary today after killing seven
men in a bloody dash from the Culion
Island leprosarium.
The armed lepers, under the lead
ership of one who called himself Ab
dullah, killed four fishermen, seized
a boat and fled the colony for Pala
wan and neighboring islands, where
their ruthlessness spread terror a
mong the inhabitants.
Stopping on Aboba island, the
marauders killed three more persons
and robbed Chinese stores. Then they
proceeded to Bonon Bono, where they
attacked another Chinase merchant,
but citizens of the town gathered in
force and drove them away. They seiz
ed another boat and escaped to sea.
A call for help brought the soldiers
to Bono Bono a few hours later. The
lepers were quoted as saying they
were sailing to Borneo island.
Citizens told the soldiers they fear
ed to seize the lepers because they
were afraid of infection from the dis
ease.
WARNSPUBLISHERS
OF “ISMS” DANGERS
South Fertile for Seeds of Commun
ism and Fascism, S. N. P. A.
Group Is Told
Asheville, May 18. —(AP) —Mrs. Jes
sie Daniel Ames, executive director of
the association of Southern Women
for Prevention of Lynching, told the
Southern Newspaper Publishers As
sociation here today that “it seems to
me the Southern press is cultivating
the field of public opinion, which is
now fertile for seeds of communism
and fascism.”
She said the basic emotions caus
ing war and lynch ings were the same
and called on the press to exert itself
in news stories to aid in preventing
lynch wigs and spread of propaganda
(by not suppressing facts, even unin
tentionally, and by reporting the news
truthfully.
Mrs. Ames was one of today’s prin
cipal speakers at the opening of the
convention, on which advertising,
news, labor and traffic problems held
prominent places.
8 PAGES
TODAY
FIVE CENTS COPY
ASKEDTO REVAMP
1935 RELIEF LAW
Entire Court of Five Holds
Authority Lacking, But
Two Partially
Disagree
RELIEF WORK WILL
GO ON, REGARDLESS
New Deal Officials Confer
To Determine Status Os
Act and Decide on Wheth
er To Take an Appeal;
Opinion of Court Is Sweep
ing in Its Nature
Washington, May 18 (AP) ; —
Attacking the 1935 relief act
through a test case involving
the Resettlement Administra
tion, the District of Columbia
Court of Appeals held today
that it transgressed the Con
stitution.
Three of the five judges ruled, as
had the Supreme Court in the NRA
and AAA cases, that the law appro
priating $4,880,000,000 delegated pow
ers improperly to President Roose
velt and violated states’ rights. The
Resettlement Administration was con
sidered invalid.
New Deal lofficials conferred at
once to see where the decision-left re
lief policy. Whether an appeal would
be taken was uncertain.
A spokesman for Harry L. Hopkins
said the work relief program would
go on, despite the decision.
With Congress in session, he Said
(Continued on Page Five.)
killsTiimself as
OFFICERS COME UP
Man Wanted for Robbery In Green
ville Shoots Himself in Taxi
cab in Goldsboro
Goldsboro, May 18 (AP) —A man
identified by papers in his pocket as
Rudy Ellers, 20, was shot to death in
ia taxicab here today and officers said
he committed suicide to avoid arrest.
The Goldsboro police department
had just received a request from
Greenville, N. C., police asking appre
hension of a man said to tally with
Ellers’ description, on charges of hav
ing held up a filling station. The
two officers had spotted Silers in the
taxioab and were in the act of stop
ping the car when the shooting took
place.
Taxße venue
Totals Fixed
By Treasury
u i
Estimates of Prob
able Yield from New
Compromise Pro
posal Submitted
Washington, May 18.—(AP) — The
Treasury estimated today that the
latest compromise tax plan of the
Senate Finance Committee would pro
duce $642,000,000, of which $173,000,-
000 would come from individual in
come tax payers.
Indicative, however, of the fact that
the committee still is groping for an
agreement on how to re-write the
tax bill as it passed the House were
(requests for additional estimates on
other ways of raising the $623,000,000
of permanent revenue sought by the
President.
Chairman Harrison, Democrat, Mis
sissippi, named three sub-committees
to report Wednesday morning on the
“windfall” tax feature of the measure
on a provision for refunds on floor
stocks on hand at the time of in
validation of the AAA and on “the
question of insurance that might be
applied to pay the government's
taxes.”
(Continued on Page Five.)