Oakland Tribune du lieu suivant : Oakland, California • Page 1

OAKLAND AND night and Wednesday; day; moderate (Chabot Maximum (Oakland Maximum hours ending at Seasonal to date Normal Last year CXXIV-THREE PRIMARY VOTE RUNS LIGHT OVER STATE 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, would by a be less last-minute than rush, per cent of the electorate expressing a choice. PRIMARY TWO YEARS AGO WAS AT 59 PCT. LEVEL VOL. imment on California primary." LEGATION SPONSORED HEARST COMMITTEE The presidential primary election of 1932 resulted in per cent vote throughout the State, and two years a 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 voting heavily, and in these sections the vote cast may run over 50 per cent." Wade declared. interest in the Republican contest over the delegation to be sent to the National convention was aroused by the last-minute. 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 voters on of the primary election indorsing the Landon instructed slate of lelegates? "Thousands of Republican voters re confused by claims of rival Varren ticket that you are not etually supporting the delegation "edged to vote for your nominan." from Governor Landon's private retary, Willard Mayberry, last ht came the Governor's answer, follows: "Governor Landon appreciates our interest, but prefers not to Landon never authorized the lacing of his name on the primary in California.

Lacking this pproval, the delegation using his name was sponsored by a Hearst elected campaign committee. Fred Ilgenfritz and Lottie Huernergardt were two of the official committee which placed the names of the Hearst-Landon-Merriam delegates in the California primaries. The Warren delegation occupies the 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 co the National Convention in: Cleveland next June.

He will release the delegates the day after (Continued on Page 2, Col. 1.) Today's Tribune Subject Page Amusements, Theaters 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 Schedules 29 Society, Women's Events 23 Sports and Sportsmen 30 Theaters: Wood Soanes 24 Vital Statistics 39 00 00 0 0 00 00000000 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 00 000000000 00000 0 0 000000000 0 0 000 00 0 0 0 0 0 Oakland TEN CENTS OAKLAND, 1 2 OFFICERS FACE JAIL IN GRAFT PROBE Brady to File Charges of Contempt Against Shannon, Brouders Early Tomorrow. Action Promised as Pair Refuse to Give Testimony Before S. Grand Jury SAN FRANCISCO, May Attorney Matthew Brady will seek to jail Police Sergeant Patrick 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 contempt. charges against the two men. Presiding Judge Elmer Robinson, 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 guilty or not guilty. The two officers refused to testify last night, and Brady then said he would give them anothe: chance to testify tomorrow night and probably would go into court with the 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 did not say who might be questioned as witnesses. Plans for possible action of the Police Commission against any officers refuse to testify before whom the Grand Jury were to be considered late today at a meeting planned between Brady, Police Chief William Quinn, Theodore Roche, 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 C. Gillen.

SHANNON DEMANDS TO SEE ATTORNEY Shannon, who under, suspension from the Police Department as a result of his story to the jury last week that he won $25.000 horse race betting through the aid of a tipster named "Monk," demanded to see an attorney. Brouders read a lengthy protest apparently by an attorney, Both Shannon and Brouders are special duty men under Police Captain Fred Lemon, who was subpoenaed to attend last night's session but reported he was too ill to do Captain Lemon moved both men with him when he was trans-ferred some time ago from 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 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 be liable to contempt. charges if he neither answered nor cited the Constitutional ground for refusal, Gillen asked if Shannon is a 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 enter- prise?" 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 want to get the advice of an attorney." "Do you realize that is an act of contempt?" Gillen asked.

"Yes, 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. 1) 0 0 00 0 0 0 0 WEATHER VICINITY -Fair towarmer Wednesnortherly winds. TEMPERATURES Observatory) 66, Minimum 55 Airport) 67, Minimum 55 RAINFALL 7 a. m.

.00 24.41 22.24 23.8% CEN -SUNDAY M. C. Chapman, 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. CIVIC LEADER HERE STRICKEN Melvin C.

Chapman, Sr. Prominent in Business and Political Life of Oakland Melvin C. Chapman, dean of the Alameda County Bar and onetime Mayor Oakland, died last night at his home. 131 Waldo Avenue, Piedmont, following a long illness. He was 85.

Funeral services were tentatively set for 2:30 p. m. Thursday, Final arrangements have not been comMeanwhile 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 Association, an office to 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 mental in the consummation of a large number of business transactions important in the of the city. Many of Oakland's outstanding industrial and recreational features, including Lake Merritt, are products of his untiring industry and resourcefulness. Chapman was born in Westfield, 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 early education in the schools of Chicago, attending them 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 Chapman'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 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 depractice alone. He conducted a private practice until June, 1910, when he formed a partnership with E. E.

Trefethen. This partnership 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 now known as Lake Merritt obtained by the City. Chapman's resourcefulness and persuasive force in dealing with Leland Stanford, (Continued on Page 3, Col.

7.) Exclusive Associated United Press 2 Associations Press Service Gribune 24 24 CALIFORNIA, TUESDAY, MAY 5, 1936 40 EDITION Wirephoto NEWSPAPER PAGES NO. 126 SOLON CALLS TAX MEASURE 'REGULATORY' Senator Hastings DeclaresBill Is Attempt to Compel Profit Distribution Three Members of Cotton Institute Voice Objections to 'Windfall' Levy WASHINGTON, May 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 senator added that th M- ministration "again has sen the Congress a patchwork measure about which it obviously knows little or nothing as to its real effect." Arthur A.

Ballantine, former undersecretary of the Treasury, told the committee on behalf of the Merchants' Association of New York that the bill would the sources of government income." Ballantine, who served under President Hoover, said the proposal to tax undistributed corporate profits "would tend to weaken, if not impoverish, industrial and mercial He proposed instead highes levies against the lower income tax brackets and selective excise taxes. Three spokesmen for the Cotton Textile Institute opposed the "windfall tax" by which it is planned to raise $100.000,000 through an 80 per cent tax on refunded processing taxes. Murchison of New York told the committee the cotton textile industry had received windfall that at the outside figure was not more than $20.000,000, as compared with $183,000,000 paid in processing taxes. HELD 'WINDFALL' ONLY IN TECHNICAL SENSE He contended that it was a fall" only in a technical sense, as the cotton processors had been unable to pass the tax on to the consumers. In fact, he said, the cotton industry over the past 10 years had money, rather than made profits.

"In terms of its 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." G. H. Dorr, of New York, another institute spokesman, said it was vir; tually 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 RHE 0 0 0 0-0 61 Pittsburgh.

0 0 00004000 -470 Batteries: Clark and Phelps; Weaver and Padden. New 0 0 0010 0 21000 Batteries: Schumacher and Mancuso; Schott and Campbell. Philadelphia 0 2 0 Chicago 0 00140 Batteries: Bowman and Wilson; Lee and Hartnett. Boston 0 St. 0 Batteries MacFayden and Lopez; P.

Dean and Davis. AMERICAN LEAGUE RHE Detroit 0 0 0-0 5 Boston 02000000 -270 Batteries: Auker and Cochrane; Grove and R. Ferrell, RHE St. 0.0 0 0 1 0-2 8 0 New York. 0 023000 0 0 0 0 0 03 -8 15 0 Baterie: Andrews and Hensley; Malone and Dickey.

Chicago 0 020330000 Philadelphia 1 1 0 0 3 0 0 0 Batteries: Kennedy and Sewell; Kelley and Hayes. Italian Army Occupies Addis; 'Ethiopia Ours' Vows Il Duce; Victory Is Feted By Millions Soldiers in Trucks Move Into Capital By Thousands ALIENS RESCUED Fliers Make Survey of Region Before Occupation By FREDERICK KUH (Copyright. 1936, by the United Press) LONDON, May 5. (U.P.) 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 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 PROPER From the British Legation the Italian troops had two miles 'of rough, hilly road through thick eucalyptus groves scattered huts before reaching "Four Kilometer," the crossing of the Highway with the street 'old Imperial, to the new palace, 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 palace near the crossroads would be the logical seat of Italy's provisional government. It is almost the only building of any 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 over capital for two hours.

The motorized column of white Italians was accompanied by 15,000 African Askari who had been encomped 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 city. Some tried unsuccessfully to take refuge (Continued on Page 14, Col. 7.) Abandoned Legation Is Reopened by Americans WASHINGTON, May 5. (AP) The State Department was notified today that the American Legation in Addis Ababa had been reoccupied by its own officials and that all of its contents were undamaged.

In a message filed at 6 p. m. Ethiopian time (11 a. over the American radio transmitting set, Vice- Consul William M. Cramp of Phaliadelphia, reported as follows: "Entire Legation white personnell 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.) MOVE BEGUN TO FREE CAPONE Chicago Lawyers Find Loophole in Status That May Give Gang Czar Liberty CHICAGO, May William Parrillo said today that he and an associate expected within two weeks to launch an attempt to win freedom for "Scarface" Al Capone, notorious Chicago gang leader, and were convinced it 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 are conviced it applies to Capone's case," Parrillo said, "and our present plans are to 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.) 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, cy ROME, May war is over" and "Ethiopia is He made his declaration to sembled through the Nation in zation of the public. The populace was assembled Addis Ababa to Italian troops. Today and Tomorrow WALTER 'LIPPMANN The Ethiopian Gamble NEW YORK May 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 Government 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 for, "nothing to apologize 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- (Continued on Page 25, Col. 8) the Associated Press) Mussolini declared tonight "the Italian." half the population of Italy asan adunata-an official mobili- 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 fierce 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, 'definitive phrase: is Mussolini announced that Marshal Pietro Badoglio entered the Ethiopian Capital at the head of his men at 4 p.

m. (whether this hour was Rome or Addis Ababa time was not stated.) The Italian leader was unable. to speak for the first ten minutes after he appeared, so tremendous was the ovation accorded His speech was interrupted many times by the frantic cheering of the thousands gathered before his palace. Il Duce declared that the chieftains remaining in Ethiopia "no longer count" as negotiators. "Italy," said Mussolini, "has lived many memorable hours until that of today, which certainly is one of the most 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." Il Duce said that in this way "we believe we will be interpreting the will of the combatants, those who died fighting and those whose memories are engraved in the hearts of Italians." Il 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, Il Duce declared: more than ever, am convinced that to disturb the peace (Continued on Page 14, Col. 6) mad Half the world was spanned today by this radio- Africa. It was radioed to Paris from Djibouti, then flown to LonP photo to show Emperor Haile Selassie (indicated don, radioed to New York, and then Wirephotoed to The Tribune. Wisephoto by the arrow), after leaving his train in Djibouti, Besides the King of Kings is the French. Governor, in white clothing.

French Somaliland, during his flight from Addis Ababa to Palestine. Note the native salaming to Haile, who may be without empire, but Taking advantage of the marvels of electricity and, photography, The still bears the title of Emperor. Tribune presents the photograph as one of the first ever radioed from CAST YOUR VOTE TODAY -POLLS OPEN UNTIL 7 TONIGHT.