Oakland Tribune from Oakland, California • Page 1

El THE WEATHER OAKLAND AND VICINITY Fair to." nifht and Wednesday; warmer Wednea-. day; moderate northerly winds. TEMPER ATUKES (Chakot Observatory) Maximum 66. Minimum 55 (Oakland Airport) Maximum 67, Minimum RAINFALL S4 hours endinr at 7 a. m.

00 Seasonal to date 4.4 Normal Last year ii.ii Exclusive Service Pm Aijocialion aw fv -x. an war-w'w rr; HI (DM II EDIT. ON A fV VOL. CXXIV-THREE CENTS-SUNDAY TEN CENTS OAKLANDCALIFORNIA, TUESDAY, MAY 5, 1956 NO. 126 40 PAGES C.rChapman DD MADV UnTt m.

nn-nmp in i vuil urnu Italian Army Occupies Addis; 'Ethiopia Ours' Vows II Duce; Victory Is Feted By Millions RUNS LIGHT OVER STATE Latin Populace Mobilizes in Triumph to Hear Mussolini Proclaim Fall of Foe, Signalized by Entrance Into Capital City SPEECH IS HALTED BY OVATION Leader Sounds Warning Against Disturbing Peace of Europe as He Demands Strong Stand in Settling With Conquered People 'Copyright, 1936, ey Ihe Associated Press) ROME, May 5. Premier Mussolini declared tonight "the war is over" and "Ethiopia is Italian." He made his declaration to half the population of Italy as- Abandoned Legation Is Reopened by Americans WASHINGTON, May 5. (IP) The State Department was notified today that the American Legation in Addis Ababa had been reoccu-pied by its own officials and that all of its contents were undamaged. In a message filed at 6 p. m.

Ethiopian time (11 a. T.K over the American radio transmitting set, Viee-Consul William M. Cramp of Phaliadelphia, reported as follows: "Entire Legation white personnel! evacuated by British convoy this morning at 9:30. "Italians arrived 4 p. m.

"I reoccupied the Legation with' Tanner, Anslow and Cavanah (naval radio operators) at 5 p. m. "Everything untouched. "The minister and the rest of personnel remaining at British Legation until tomorrow." The message, which relieved offi- (Continued on Page 14, Col. 2.) free; cafdne Chicago Lawyers Find Loophole iii Status That May Give Gang Czar Liberty CHICAGO, May Attorney William Parrillo said today that he and ah associate expected within two weeks to launch an attempt to win freedom for "Scarface" Al Ca-pone; ntrtOTtons Cfirea alTf leader, and were convinced it would be successful.

A newly found loophole In a Federal statute, used successfully yesterday to defeat an indictment against six officials of the Trustees System Service Corporation, will be cited in the gangster's behalf, he said. It relies on the use of instead of "the" in a statute covering the manner in which grand juries may be extended. CONVINCED IT APPLIES TO CASE OF CAPONE "We arc conviced it applies to Capone's case," Parrillo said, "and our present plans are contend that the indictment on which he was tried is void, so that he is being illegally held." Parrillo's associate is Attorney Lyman Y. Sherwood, who, with Attorney Gerald T. Wiley, brought about the dismissal of the indict- ''Continued on Page 3.

Col. 8.) IE II FACE JAIL IN FT PROBE Brady to File Charges of Contempt Against Shannon, Brouders Early Tomorrow Action Promised as Pair Refuse to Give Testimony Before Grand Jury SAN FRANCISCO, May 5 Dis- i trict Attorney Matthew Brady will seek to jail Police Sergeant Patrick i Shannon and Patrolman Joseph Brouders for their refusal to testify before the Grand Jury in its investigation of police graft charges. He announced this morning that he will go into court tomorrow morning the earliest available time, since today is an election holiday and file charges against the two men. Presiding Judge Elmer Robinson, before whom Brady will appear, presumably will cite Shannon and Brouders to appear to show cause why they should not be found in contempt of court. They will be given time to appear in court to answer before they are found gui.lty or not guilty.

The two officers refused to testify last night, and Brady then said he would give them another chance to testify tomorrow night and probably would go into court with (he contempt charge Thursday. This morning, however, he moved his plan ahead one day, indicating he saw no reason to give the men another chance. Another session of the Grand Jury will be held tomorrow night, but District Attorney Brady not say who might be questioned as witnesses. Plans for possible action of the Police Commission against any officers who refuse to testify before the Grand Jury were to be considered late today at a meeting planned between Brady, Police Chief WllllHrn QUIR; commission president, and Warren Atherton, special investigator for Brady. Refusal of Shannon and Brouders to answer questions before the Grand Jury at their appearance last night was accompanied by their attempts to argue legal technicalities with Assistant District Attorney Leslie Gillen.

SHANNON DEMANDS TO SEE ATTORNEY Shannon, who is under suspen- as a result of his story to 'the jury last week that he won in I hnrse race betting through the aid I of a tipsier named "Monk," dc-jmanded tft sec an attorney. Brouders read a lengthy protest apparently l-prepared by an attorney. Both Shannon and Brouders are; special duty men under Police Cap-! lain Fred Lemon, who was sub-) poenaed to attend last night's session but reported he was too ill to do so. Captain Lemon moved both men with him when he was transferred some time ago from the Mission District to the Central District. Dr.

John M. Graves, police surgeon, examined Captain Lemon this morning at his home and reported him "too ill for police work." Shannon, who had talked freely in his Grand Jury appearance last week, first refused to answer questions last night "until I can see an attorney." Assistant District Attorney Gillen told him that the only legal ground for refusal to testify was his Constitutional right permitting him to zation of the public. The populace was assembled Addis Ababa to Italian troops. Today and Tomorrow BY WALTER LIPPMANN The Ethiopian Gamble NEW YORK May 5. Ever since October the League, the British Government and the Emperor of Ethiopia have been gambling on the opinions of two groups of experts: The military men who told them that the Italians could not conquer the country in one campaign and the financial men who assured them that Italy could not finance a second campaign.

The military men were wrong, disastrously wrong, and as a result the League has suffered a stunning defeat, the British Gov ernment a serious loss of prestige, and the Emperor has lost his throne. Whether or not, as Mr. Eden has just said, the statesmen "have nothing to reproach" themselves -forrnuthinir apulogl for, depends upon Whether one believes they were justified in relying upon the military advisers who told them that Ethiopia could not be conquered before the rains began again this Summer, For everything that has been done by the League and by the British has been sheer speculation based on that military prediction. POSITION AIMED AT SECOND CAMPAIGN The Italian war of conquest began in September. In October the League took the positive decision to oppose Italy by cutting off part.

but not the most important part, of her trade, It took the negative decision to refrain from a blockade or a closing of the passage through the Suez Canal. In other words, the League decided to let the war go on for one campaign but to attempt to injure Italy's financial po- I (Continued on Page 25, Col. 8) i Former Mayor Bar Leader, Dies Melvin C. Chapman dean of the Alameda County Bar, and one-time mayor of Oakland, who died at his Piedmont home last night. Melvin' C.

Chapman, Sr. Pro tnin cut in Business and Political Life of Oakland Molvin C. Chapman, dean of the Alameda County Bar and onetime Mayor of Oakland, died last I night at his home, 131 Waldo Ave nue, piedmont, following a long illness. He was 85. Funeral services were tentatively set for 2:30 p.

m. Thursday. Final arrangements have not been completed. Meanwhile the body is at the Grant Miller Cathedral Chapel, 2850 Telegraph Avenue. During his life, a large' portion of which was spent in Oakland, Chapman won prominence in the fields of jurisprudence, real estate, politics, and civic development.

His ability and devotion to the law and government won him the presidency of the Alameda County Bar an office which he was elected 18 times, and the position of Mayor of Oakland. CHAPMAN NATIVE OF WESTFIELD, ILL. In addition to his civic and fraternal activities, he also was instrumental in the consummation of a large number of business transactions important in ihe history of the city. Many of Oakland's outstanding industrial and recreational features, including Lake Mcrritt, are products of his untiring industry and resourcefulness. Chapman was born in Bureau County, Illinois, on September 5, 1850, the son of Charles de Grasse and Cynthia (Palmer) Chapman.

Both his parents were members of families long identified with the early professional and business history of America. He obtained his eafly education in the public- schools of Chicago, attending thjm from 1856 until 1867. He was graduated from Onarga Seminary, in Illinois in: 1870 and three years later, came to California to win his fortune. His first move was to establish himself in the real estate business in San Francisco. He followed this field for three years, and then moved to Oakland.

IN REAL ESTATE BUSINESS SIX YEARS Real estate operations and the development of the growing City- of Oakland occupied Chapmart's attention for the following six years. But his love for the law caused him to abandon his business activities for study. He won his place at the bar and then entered into a partnership with Roscoe Havens, the firm being known as Chapman and Havens. This partnership lasted for eight months, after which Chapman decided to practice alone, He conducted a until June, 1910, when he formed a partnership with E. E.

Trefethen. This partner--ship lasted for many years, operating under the name of Chapman and Trefethen. ELECTED AS MAYOR OF OAKLAND IN 1891 In the midst of his rise to fame in the legal world, Chapman had been busy in civic affairs, and had won for himself the position of Mayor of Oakland by 1891. It was while he held this office that the property1 now known as Lake iMerntt was obtained by the City." Chapman's resourcefulness and persuasive force in dealing with Lejand Stanford, (Continued on Page 3, Col. 7.) i CIVIC LEADER HERE STRICKEN TAX Senator Hastings Declares Bill Is Attempt to Compel Profit Distribution Three Memhers of Cotton Institute Voice Objections to 'Windfall' Levy WASHINGTON, May 5.

OF) The Administration tax program was assailed today by Senator Hastings Del.) as a "regulatory bill" that "violates every principle of taxation." The Delaware Republican issued a statement on the measure as the Cotton Textile Institute expressed to the Senate Finance Committee, of which Hastings is a member, its opposition, to the proposed "windfall tax" in the House bill. Hastings said the purpose of the bill was to "compel the corporation to pay out all its profits to its stockholders." "It really is not a tax bill from the corporation's point of view," he said. "It is a regulatory bill, in that it sets forth a policy which the administration thinks the corporation ought to follow, and then it adds severe penalties upon failure to follow such policy." CALLS IT 'ANOTHER PATCHWORK MEASURE' The senarlor added that tb 1-ministration "again has set the Congress a patchwork mtasure about which it obviously knows little or nothing as to its real effect." Arthur A. Ballanline, former undersecretary of the Treasury, told the committee on behalf of the Merchants' Association of Now York that the bill would "dry up the sources of government income." Ballnntine, who served under President Hoover, said the proposal to tax undistributed corporate profits "would tend to weaken, if not impoverish, industrial and commercial enterprises." Ho proposed instear) highes levies against mo lower IHconie tax brack-ets and selective excise taxes. Three spokesmen for the Cotton Textile Institute 6pposed the "windfall tax" by which It is planned to raise $100,000,000 through an 80 per cent tax on refunded processing taxes.

Ci Murchison of New York told the commitlec the cotton textile industry had received a windfall that at the outside figure was not more than $20,000,000, as compared with $183,000,000 paid in processing taxes. IN TECHNICAL SENSE He contended that it was a "wind-fail" only in a technical sense, as tin; cotton processors had been un able to pass the tax on to the con- sumers. In fact, he said, the cotton industry over the past 10 years had lost money, ralher than made orofit.s in terms of us benevolence, in providing the American people with essential goods at prices below the actual cost of production," he said, "it takes rank as the leading charitable institution of all times. "The industry does not, therefore, oppose this contemplated windfall tax in the sense that it has ill-gotten gains which it dislikes to surrender, but only in the sense that the yardstick of equity fails to reveal any measurable windfall." C. H.

Dorr, of New York, another institute spokesman, said it was vii'i lualiy an "income tax on a deficit. He said the first step, in determining whether a taxpayer had been unjustly enriched during the taxable year was to determine whether he had any profits at all. EASTERN BASEBALL NATIONAL LEAGUE RUE Brooklyn. .00000000 00 6 1 Titlshurgh. 00004000 470 Batteries: Clark and Phelps; Weaver and Padden.

New 0 0 10 0 Cincinnati 2 10 0 0 Batteries: Schumacher and Man-cuso; Srhott and Campbell. Philadelphia .0 0 0 2 0 Chicago 0 0 1 4 0 Batteries: Bowman and Wilson; Lee and Ilarlnelt. Boston 0 St. Louis 0 Batteries MacFaydcn and Lopez; P. Dean and Davis.

RUE Detroit 00000000 0 5 0 Boston ....02000000 2 70 Batteries: Auker and Cochrane; Grove and R. Kerrell. RUE St. 00100001 02 8 0 New York. 02300003 8 15 0 Baterie: Andrews and Hensley; Malone and Dickey.

Chicago ..020330000 Philadelphia 11003000 Batteries: Kennedy and Scwell; Kclley and Hayes. MEASURE REGULATORY' Soldiers in Trucks Move Into Capital By Thousands ALIENS RESCUED Fliers Make Survey of Region Refore Occupation By FREDERICK KUH (CooyriKht. 1936. by the United Press! LONDON, May 5. (U.R) Italy completed her conquest of Ethiopia today when a stream of triumphant Italian troops poured into Addis Ababa, relieving the menace to more than 4000 Americans, British, French and other foreigners besieged in the legations.

The Italian troops, In motor trucks, rolled down the Imperial Highway into the eastern quarter of the city and past the British Legation compound, where the British and American residents of the capital had been holding out behind barbed wire entanglements against ferocious attacks by the natives. News of the occupation was flashed to the foreign office here by Sir Sidney Barton, British minister, over his own wireless. Sir Sidney said the Italians began passing the legation at about 4 p. Addis Ababa time (9:10 a. E.S.T.).

PASS THROUGH HILLS INTO TOWN FROPER From the British Legation the Italian troops had two miles of rough, hilly road through thick eucalyptus groves and scattered huts before reaching "Four Kilometer," the crossing of the Imperial Highway with the street from the old to the newjjalace, and the beginning of the town proper. Beyond "Four Kilometer" is the dingy business section which four days of rioting reduced to ruins. Unless it has been destroyed completely by the looters, the new palacencar the crossroads would Ie ihe logical seal of Italy's provisional government. It is almost the only building of ar.y modernity owned by the former Ethiopian Government. AERIAL SURVEY PRECEDES OCCUPATION Official advices from Paris said meager wireless dispatches reaching the French Government reported that the entrance of the.

Italians was preceded by detailed aerial observations by several air squadrons which flew dver the capital for two hours. The motorized column of white Italians was accompanied by 15,000 African Askarl who had bern en-comped on the heights dominating Addis-, Ababa for the last 24 hours. The Italians took up their positions in the center of town and the natives, Including bandits and looters, stampeded out of the cityj. Sorne tried unsuccessfully to lake refuge (Continued on Page 14, Col. 7.) "Tyft I Half the world was I Ij i Balloting for Presidential Delegations Estimated at 50 Pet.

of Registration Republicans Cast Heavy Return; Alameda County Total Is-Below Average By WESLEY E. ROBBINS Early reports from various sections of the State revealed that a light vote was being cast in today's presidential primary election. Earlier estimates of a 70 per cent vote throughout the State were revised by public officials, who at noon today estimated that hardly more than 50 per cent of the California electorate would go to the polls. In Alameda County, G. E.

Wade, county clerk, said reports from various precincts showed a light vote being cast in the early hours, and unless the total is swelled by a last-minute rush, there would be less than 50 per cent of the electorate expressing a choice. PRIMARY TWO YEARS AGO WAS AT 5d PCT. LEVEL The presidential primary election of 1932 resulted in a 56 per cent vote throughout the State, and two years ago the State primaries attracted 59 per cent of the voters. More interest is being displayed by the Republicans and their vote will show a heavier percentage of ballots cast than in the Democratic ranks, Wade said. "A check of scattered precincts throughout the county showed that the Republican 'strongholds are I voting heavily, and in these sections 'the "Vote cast may run over 50 per cent," Wade declared.

New Interest in the Republican contest over the delegation to be sent to the National convention was aroused by the last-minule refusal of Governor Landon to state his position In the California primary election. LANDON GIVES REPLY. REFUSES ANY COMMENT A telegram was sent to Governor Landon yesterday, asking him the direct question: "Have you any message for California1- voters on the eve of (he primary election indorsing 'he Landon Instructed slate of "Thousands of Republican voters re confused bv claims of rival Varren ticket that you are not iuumj sufipui ting tne uriegauon edged to vote for your nomiiia-n." Governor Landon's private retary, Willard Mayberry, last ht came the Governor's answer, follows: "Governor Landon appreciates interest, but prefers not to imment on California primary." "LEGATION SPONSORED HEARST COMMITTEE Landon never authorized the lacing of his name on the primary jallot in California. Lacking this pproval, the delegation using his nme was sponsored by a Hearst elected campaign committee. Fred Ilgenfritz and Lottie Huer- nergardt were two of the official committee which placed trie names -f the Hearst-Landon-Merriam delegates In the California primaries.

The Warren delegation occupies (he second column on the ballot and iS" a list of representative Republicans of California who are uninstructed and unpledged. Earl Warren, name heads the list, is not a candidate for President. He permitted the use of his name for the convenience of Republicans who want to send a free delegation to the National Convention in Cleveland next He will release the delegates tpic day after (Continued on Page 2, Col. I Today's Tribune C.I? outyecf rage 24 Classified Advertising 37 Comics and Strips 28 Cross Word Puzzle 26 Editorials and Columns 40 Editorial Features 25 Financial and Tables 34 Geraldine Columns 27 Knave Daily Column 33 Marine News, Weather 36 Martha Lee's Comment 27 National Whirligig 33 A. and Clubs 23 Radio Schedule Society, Women's Events 23 oports and Sportsmen Theaters: Wood Soane 24 Vital 39 in celebration of the fall of 'I announce to the Italian people and to the world that peace is re-established." said Mussolini, his voice trembling with emotion.

"It is not without emotion and not without pride that' after' seven months of fiejje hostilities I pronounce this great word, but it is strictly necessary for me to add that it is our peace and a Roman peace which is expressed in this simple, irrevocable, "def iriltive phrase: is Mussolini announced that Marshal netro-BadogiiQ entered the Ethi. -opian Capital at the head of his men at 4 ht was Rome or Addis Ababa tim was not stated.) The Italian leader was unableto speak for the first ten minutes after he appeared, so tremendous was the ovation accorded him. His speech was interrupted many times by the frantic cheering of the thousands gathered before his palace. II Duce declared that the chieftains remaining in Ethiopia "no longer count" as negotiators. i'ltalyr'' said Mussollnij "haa lived many memorable hours un til that of today, which certainly Is one of the tnost solemn." Recalling how last October 2 he said he did not wish to make the Ethiopian question a European question, Mussolini declared: "We now are ready to defend our victory with the same Inexorable decision with which we achieved it." II Duce said that in this way "we believe we will be interpreting, the ...111 l.

1. win i me cumuiuaniH, xnuse wno died fighting and those whose mem ories are engraved in the hearts of Italians." II Duce gradually raised his voice to a shout to make it carry through the almost continuous ovations from the listening throng. With reference to Europe, II Duce declared: t-: more than ever, am convinced that to disturb the peace (Continued on Page 14, Col. 6) mm XV mm A Ml .77 1 ifmmt? refuse answers that "might incriminate or degrade him," or that might "subject him to criminal prosecution. Shannon repeated his need for an attorney, and sat silent when Gillen warned him that he would he liable to contempt, charges if he neither answered nor cited the Constitutional ground for refusal, Gillen asked if Shannon Jja special duty man, and if serves under Captain Lemon.

There was no answer. Then Gillen asked: "As a special duty man, did you ever take a gift -of money from the keeper of a house of ill repute, or a gambling house, or a bootlegger, or any illegal or unlawful enterprise?" GILLEN ASKS IF HE UNDERSTANDS Shannon sat in silence until Gillen asked if he understood the question. He said he did, but asked a delay because "I want to-protect my rights here." Finally Shannon said he refused to answer "because of my Constitutional rights." Gillen questioned his understanding of his statement, and Shannon amended it to say "my real reason is that I swant to get the advice of an attorney." "Do you realize that is an act of coMempt?" Gillen asked. ''Ycs, I understand that," Shannon "replied. Shannon further explained his, refusal to answer was based on his desire to see an attorney and (Continued on Page 15, Col.

I) i yy, y74j Jz-jH pht t0 snow tmperor riaile Selassie (indicated Africa. It was radioed to Paris from Djibouti, then flown to Lon-don, radioed to New York, and then Wirephotoed to The Tribune. Besides the King of Kings is the French Governor, in white clothing. Note the native salaming to Haile, who may be without empire, but still bears the title of Emperor. spanned today by this radio- leaving his train in Djibouti, from Addis Ababa to Palestine.

electricity and, photography, The one of the" first eve.r radioed from the arrow), after French Somaliland, during his flight Taking advantage of the marvels of Tribune presents the photograph as HTIL7 A OAST YtUMQTE.I WAY FILLS JflK i L-" i I I.