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' Monday, November 23, 1936 The Daily Clintonian, Clinton, Indiana Page 6 given careful thought and. Isn't any other way I can huve there rule." CLASSIFIED APS DEMOCRATS TRY TO AVOID LIKELY SECTIONAL FIGHT (Continued from Page 1) NOTICE! FILLING STATIONS OF CLINTON Which Are Members of THE CLINTON AUTO REPAIRMEN'S AND SERVICE STATION ASS'N Will Close at 11 A.M. THANKSGIVING DAY And Will Be Closed For the Remainder of the Day and I lie receiver nppiilnled hy him. A trust oflcer that comes by all of his authority you mlgtfit say or held all of his authority hy virtue of the order of Ihe Vermillion circuit court. The Court can't see how there could he such a conflict In the first Instance. I think II Is a fact that In other capacities -we'll any a partition suit where a Commissioner Is appointed In sell real estate. The Court happened In make a very careful study of Hint kind of a question some years buck and came to this conclusion about Ihe law In the matter, where Commissioner was appointed lo sell real estate, lie sold real estate and heforo any account had been filed hy him. or before the Court fixed Ihe amount or allowance for Commissioner' fees, a-mount of court fees, and Ihe amount that each party was entitled lo, except In the original order selling out the shuro. or the share each earned when due, I decided thnt a demand hy the land owners against the Commissioner was premature: that the Commissioner was still under the Jurisdiction of the Court and until the Court determined the amount that each owner of the land was to receive and ordered the Commissioner to pay It, why the demand of the land owner would avail nothing. So I think this Is a very similar case, although some phrases of the matter are a little bit tangled up. on account of the fact that the Receiver had been released. That is. Mr. Scott had been discharged from his trust before It had been determined the amount he should pay In court'. I think It appears iere in evidence and Is undisputed that Ihe question of attorneys' fees was litigated in the citation to show cause. So, Gentlemen. I shall sustain this motion. And I am going to instruct this jury to find for the defendant. I don't think under these facts and circumstances and under the law tha if there should be a conviction of this man in this case that the conscience of the Court certainly would not permit it to let that verdict stand. That is very certain. The Court has had a good many vears experience in the court room, both as a public Prosecutor and in he defense of cases. This case Is very clear to the Court. It has been a serious question In the Court's mind as to whether or not there was a proper case to submit to the iury and I am not sustaining this motion merely because under the 'acts as I see them here in evidence hat if I was the judge of the law ind the facta In the case submitted tn the jury I would decide for an vqutttal not on that ground. I am leciding this motion upon such 'hings as the motion involves; lamely, as to whether under the law there should be a conviction, iroper conviction, in this case, as he case now stands. So the motion will be sustained. I ll say this that Couiisel for the State have been very fair to the Court in this matter and probably disagree with him very much, but I . recePon is no V",,; tery! Oversea. ""Ca-medandlo-stations a new "ted Color Dial- 19,7 1 L Tune by name Ph.lco High io0 . rial, br5 ,n V?. come clel ' j .trtion. i for a 1W7 PHItCO 0I i- tt h fl Urst faper Will The nrsi paper mm in uie u. a. was established in Philadelphia io 1690 Phone WASHER While the Supply Last. We Will Give ABSOLUTELY FREE 20 Boxes of RIHSO And One New ELECTRIC IRON a Tends to Knitting Alex Wojciechowtcz . Tou might be inclined to consider any male a sissy who went in for knitting, but It wouldn't be safe to tell this fellow about it because he's no other than Alex Wojcicc howicz, Fordham's 195-pound star center. BRITAIN TO HAVE BIGGER FLEET IN SPANISH WATERS (Continued from Page 1) incident as an excuse to assist the insurgents. The British destroyer Garland is now at Barcelona, and the Gallant is on her way from Marseilles to Barcelona to help evacuate British citizens In view of Gen. Francisco Franco's threat to bombard the Cataloni-an metropolis. There was no official confirmation here of Madrid's charge that foreign submarines torpedoed the loyalist cruiser Miguel de Cervantes in Cartagena harbor. House-to-House Figh tingToday in Streets of Madrid; Whites Leave Valencia Road Open for Loyalists (Continued from Page 1) break and flee. To promote this flight, the whites have left the road to Valencia uncut and open, but so far not enough of the reds have taken advantage of It materially to change the military position. INSURGENT ARMY PUSHED BACK BY COUNTER-ATTACK (Continue rrom Tge 1) eral submarines believed to belong to a foreign fleet, since the insurgents do not possess any attacked the ships of our squadron at the entrance to the port of Cartagena. "A torpedo struck nnd damaged the cruiser Miguel de Cerrantes. Other torpedoes were launched by the submarines against J,hn cruiser Mendez Munez, but caused no damage." German submarines, it was semiofficially alleged, had recently been sighted in Spauish waters, although that government refused to link the torpedoinc directly to the reich fleet. Snail's Speed The speed cf a land snail is placed by scientists at about a mile a montH COLUMBIA Last Times Tonight Colored S-reel Comedy SVIII1. J AMIS in "Changing of the Guard" Paramount Newsreel 10c and 15c y:'-V JUDGE'S OPINION in scon CASE Ill-low Is the remainder of the opinion handed down hy Minl Judge John S. Hall when he in-trull (he Jury o find Matthew M. Hrutt not icullty embraale. incut I'hui'KcN lodged against him (iii the Vermillion circuit court. The Hint portion of this statement was published In Saturday's Clintonian. All of those acts named In thai statute miiHt be under the direction of the court. Now here's the situa tion in this lawsuit, as I see II. Mr. Scott resigns. Mr. Marietta Is appointed receiver. Mr. Marietta is under the control of this court. It Is by authority of the orders of this court that he has power to do this and that III reference to the trust property. The receiver can hardly do any act without some direction ot the court. It Is the general practice of a court, und&r this statute, in appointing a receiver, to define his authority. And in the appointment of Mr. Scott the court you will notice if you will read that order or remember what is in it set out very definitely what Mr. Scott was authorized to do. And that order defined the power that Mr. Scott had in the matter of handling tiie property of the trust. Now Mr. Marietta was ap pointed receiver. His authority wai not defined. Of course he would have some general authority probably; but such matters as were mentioned in the originnl order appointing Mr. Scott were not mentioned in the appointment of Mr. Marietta: therefore, he would not have those powers. If I remember correctly Mr. Scott was authorized in his appointment to bring suits and to collect promissory notes, and given r lot of general powers. Mr. Marietta was not given those general powers. And if he wanted to bring a suit to foreclose a mortgage or to collect a note he would have to petition this court and get an order to do so Now since the administration of the trust established under Mr. Marietta the power to direct what should be done and what should not be done lay in this court and since after Mr. Scott's resignation the court retained jurisdiction of the question as to whether Mr. Scott should pay thiF money Into court it seems to mc like there has been a total failure on the part of Ahe state to make any kind of a case that could Btand in a court of appeal, in view of ail those facts. Certainly if this court had decided that Mr. Scott should only pay $2,000 into the court, instead of $4,425, then could It lie claimed that yir. Scott, if he only paid in $2,000, would be guilty of embezzlement of $2,425? That would apparently bring up a conflict of authority between whom? Between the judge of the Vermillion circuit court FINAL TONITE PALACE ROUND BY ROUND with RHYTHM and ROMANCE! DIWIE5 1 -i rURK WX- : oncLE y . W r News . . Cartoon . . Band COMING TUE. & WED. l WM It TURKEY DAY Continuous Show 2 to 11 V Rates for Classified Ads and Paid Notices First day of Insertion: So tor each reading lino (one column line, like one of these). Next two day. Insertion: the same Be charge (you got throe days at double the cost of the first day). Next throe days Insertion: the ume 8c harge (you get a whole week, six days, at three time, the cost of on insertion). Kach gr iip of three dayi thereafter, 8c a line. Iliac k 1M (Ilk this), 10c per line. All cla.lfll ad Including mem riania and notice of nil kinds ronst b paid In advance except tliose by regular customer, whose accounts are nld n.imthly or thwc from or-.antwitlon whose bill" mutt beal-lowed before being; paid. In the latter ons- the person asking the publication of the notice wUl be held re8)onlble for H payment,. Business Services Twelve Photographs. Solve twelvo Xmas gilt problems. Make the appointment today. Caeliner Studio. FURNACE REPAIRING. Have that smoke l'ipe renewed now. Esti mates free. Koy lajiur, ru.. ft 1 A. .--. FOR SALE Lunch room. 227 Mulberry St. U7 Coif Want coal hauling. James Fox, ph'.-ne 890-W. 15tf Turkeys, 9 to 14 pounds, fat. 20c per pound. 70 head. C. E. Woo-ten, Bug Island, west of Mecca. t!6 Four room house at 1060 South Sixth Street. Inquire Dave Law-tl6 -Turkeys. Mrs. Terrance Boyd, Sandytown road. tl6 Quarter osk office desk table with two drawers. Like new. 60 inches long and 4 0 inches wide. Dr. Mc-Guire, 660 Mulberry St. tl5 iet our orders in now for Thanksgiving. Turkeys, geese, ducks and fat hens at lowest prices In years. I'hone 155-W, Reeder's Feed jit Poultry .Market, Dressed chickens. Mrs J. F. Car- lin. tl Baby grand piano, like new. Can be had for small balance due on contract. Write Credit Mgr., 200 No. 3, Terre Haute, Ind. tl6 Jersey cow. Two gallons milk a day. John Toffolo, Falrview. tl5 YOU ARE LOSING MONEY ON furniture and other household articles which you are not using Cash in on them through the For Sale columns. For Sale Coal For good coal phone 797-W. 6Qtf FOURTH VEIN" COAL, UNIVERSAL, MIAMI NO. 4, AND BLACK BETTY NO. 5. HA RLE Y HUFFMAN, PHONE 10. 64tf PAD NOTICES BAKE SALE! Thanksgiving bake sale at Lewis' Hardware Store Wednesday, November 2f. Sponsored by Center Epworth League. 116 RUMMAGE SALE! At Morgan's building November 23 and 24. Sponsored by south section of Me'.hodist church. tlB FOR RENT Modem room. 458 Elm St. tl7' Modern lif-lit housekeeping rooms. 239 Vine street. tl5 Modern rooms wiih board. 356 Vine street. tl5 Piemonte bakery and equipment. Inquire 320 N. 9th St. tl5 NOTICE! Big minstrel at Lyford School Tuesday. November 24, 7:30 p. m. Ringing, dancing and novelty music. Ausplris of Parke County Recreation. Adir'ssion 10c and l.rc. 115 WANTED River hollom laud. Will purchase tracts of 80 acres or more. Give particulars and price. Write Box II. Alvln 111. t26 Help Wanted , Boy for shining shoes. Moo-e Shoe Shop. 2..0 d. Main m. Help Wanted-Female Girl for housework. 618 Blackman. Call between 6 and 7. tl5 WANTED TO BUY Timothy bay. alfalfa, bean hay and clover hy. Write to Frank Mc-Neer, 1712 South Main Street, Paris. Illinois. t16 LOST Parker fcnUin pen with name Pauline Tate. Return J ttrar-ker street. izutiou fight centers on the leadership. While some of O'Connor's friends say that a northern member should be selected since Biinkhend enmes from the south, his recognlied spokesmen decry the sectional Issue. This is riot a sectional matter." said Rep. Sol Bloom (Dl of New York. "We are asking Mr. O'Connor's election on the ground that he Is best qualified for the post. I hope that the sectional Ibsiio does not become prominent. Nor should religion or nationality figure In any such election. In my opinion such Issues won't get far." AFL'S DECISION ON REBELS WILL BE GIVEN TODAY (Continued from Page 1) Suspended In Seplcmlier These unions were suspended from A. F. of L. membership In September by the federation executive council, after they joined Lewis and his United Mine Workers In a defiant drive to organize the steel Industry along mass or industrial lines. Today, the full membership of the A. F. of L. will vote to determine whether that suspension shall be confirmed and continued indefinitely, the unions shall be reinstated, or be finally expelled from the parent organization. A careful check-up of sentiment among delegates revealed that only one thought dominated the majority indefinite suspension, with the executive council empowered to meet or initiate any new peace negotiations which opportunity presents. Frey Mends Fast On the minority side. President John P. Frey, of the A. F. of L. metal trades department was almost alone in his determination to bring about expulsion of the Lewis faction. Again, a militant minority seeking reinstatement of the CIO unions had no chance for success, but will provide much of the verbal warfare against the old guard majority set on suspension. ROOSEVELT SHIP NEARS EQUATOR . ON PEACE TRIP (Continued from Page 1) the same time. You will stop your ship and render proper honors." The royal police have been busy today painting the "pollywogs" with a red dye so that the unitiated may be recognized. Anybody trying to dodge the crimson smear was put into stocks. AVALANCHE HITS ALASKA CAPITAL:' VICTIMS SOUGHT (Continued from Page 1) CrewB of miners were working in relays on the mountainous piles or debris which blocked the various buildings. Wile DetttiiH-tion With a roar that could be heard for miles the avalanche, fully ion feet wide, swept down the mountainside while the city slpt. HinasliinK the buildings like matchwood. Then was si .en? for a few second h him! then shouting men and women roused the city to action. A heavy rainfall, ranging from half an inch to 1 inches, loosened the soil on the mountain, causing hundreds of tons to suddenly galvanize into action and begin the terrific descent which swept all before it today. Grass Juice Aid to Growth Grass juice has been found to contain a growth factor which has made it possible for rats receiving it to increase their weight by more than n r,f" c-"t Buy neckties with what it saves im' t r J ta pf SOC or men p V1T tiffin. LMtertae Tooffe PMe, m& by tbe W'W MrMinbffMeil. Tm (HI 1MB I , LWt PIwxmm. Ce. LISTERINE TOOTH PASTE 25e PS , 7. . . EASY TERM- DOUGHTY ' 1 A 7L . Fl- Covering ..yai r'lr. A Christmas Gift That will save you time and money for years to come!.. A New . . . GENERAL ELECTRIC 10c MON.-TUES. 25c felt 1 I 8 With the C E. Washer FOR $ ONLY Sold On Easy Payment. GAXYfCOFERa-J WILLIAM FRAWliY DUDLEY DIOGfS AKIM TAMIROFr . PORTER HAll J. M. KERRIGAN News - Popeye Comedy WED. "3 Married Men" THI R. IHOXXE Ql LVTC PLKTS FKI. can HershoH and and Kochrlle Hudson in SAT. KKINIOX" $1.00 Deposit Lay. Away A New Washer for Xma DON'T WAIT SOLD BY 456 North Ninth St Phone 792 We Service All Make, of Washer.