Democrat and Chronicle from Rochester, New York • Page 23

SECTION TWO Pjj-Ji "ECTIOIT TWO 105TH YEAR ROCHESTER. N. FRIDAY. APRIL 23. 1937 PAGE TWENTY-THREE City's Newest Judge Takes Oath Former Governor Visitor to City SMITH, SAD, ARRIVES FOR LABOR BALKS AT PLEA FOR MAY DAY AID 300 ORGANIZE TO PRESERVE FAIR COURTS Committee Seeks Referendum on FDR Plan DRIVER DIES AS MACHINE OVERTURNS Car Careens Out Of Control, Hits Another WARNERRITE Former Governor V3 vr Remains Silent On Issues Silent on national Issues, tired and touched with grief, former Governor Alfred E.

Smith arrived James Whalen, 47, of 180 Hoberle Road was Injured fatally last night when hit ear la believed to have struck a depression In pavement construction at 1R4B Portland Avenue, collided with another auto. In Rochester last night. Central Council Refuses to Join United Group Labor last night turned thumbs down on plans for the annual May Day celebration. By an almost unanimous vote. Central Trades and Labor Council, parent body of organized labor, quashed an appeal from the United Front May Day Committee headed by Joseph Stenglein that it send a committee to city fathers to ask use of Convention Hall.

Because no further Central Trades and Labor Couitcll meeting A Mi RA I) fife )7 i-' Today he will attend funeral services for his close friend and father-in-law of his daughter, Foster Warner, noted architect, overturned several times and landed on its top. Committee of Three Hundred, formed to "fight for the integrity and independence of the United States Supreme Court," wa announced yesterday by William F. Strang, its executive committee chairman. Known as the Citizens' Committee for Court and Constitution, it is the group which is bringing United States Senator Burton K. Wheeler of Montana to apeak at the Masonio Auditorium at 8 p.

m. Tuesday. The announcement also disclosed the reason for the distribution of thousands of buttons bearing the Whalen, driver, was going north In Portland Avenue with Frank who died Tuesday. Last rites will be conducted at 3 p. m.

in Christ Episcopal Church with uniformed Stalker. 47, of 1040 Whltlock Road State Troopers as bearers. as passenger when the accident It was a different Al Smith than the city has known in the past occurred at about 7:30 p. m. Whalen died at 8:43 p.

m. In Gen-esee Hospital. that reached Rochester last night Somberly dressed, short of speech, ho was far removed from the en His companion suffered face lacerations. Operator of the car which was enigmatic letters C. C.

in office buildings, will be held until after the 1937 May Day celebration on May 1 is paet history, the final vote that knocked down Stenglein'a appeal for union help appeared to spell a struck when Whalen' machine careened out of control was James ergetic gubernatorial and presidential nominee of the 20's. Accompanied by Family Accompanying the distinguished It '), streets and K. 9 schools early in Bartholcmny, 23, of 4378 Culver Road. He was accompanied by hit brother, Nathaniel, 28, and the May Day celebration with union visitor were Mrs. Smith, three of assistance.

the week, as well as the appear-a of myste their children and their spouses. former Gov. Alfred E. Smith, who arrived in Rochester lost latter wife, 29. None in this car was verbal crossfires and accusa Greeted at the station only by Injured.

rious C. C. C. emblems in the advertising col THE BUTTON tions raked the Carpenters' Hall auditorium for more than a half hour after Stenglein, executive of the United Front Committee, made the appeal for Central Trades night to attend the funeral today of J. Foster Warner, tarried in the lobby of Hotel Seneca only long- enough to greet the clerk.

With him is Mrs. Smith. They return to New York City tonight. umns of all Rochester newspapers this week. Movement Grows The movement, originally launched informally by a small Stenglein said the United Front Mrs.

John A. Warner, their daughter and Major Warner, superintendent of the State Police, the Smiths left New York Central Station Immediately upon arrival for the Warner home. Returning two hours later to Hotol Seneca, Governor Smith avoided discussion of surrent issues. "Nothing to say," he muttered, brushing past to the registration desk. Will Leavo Tonight Hit by an automobile while cross-ing at 93 South Union Street late last night.

Ward Thyng, SO, of 1 LaFayette Place suffered a possible skull fracture, possible fracture of the right ankle and leg bruises. Driver of the car, pollea reported, was William LaRock, SO, of 85 Park Avenue. Officer Stephen Rlloy took Thyng In a prowl car to Genesee Hospital, where his condition was reported a "fnlrly good." Picture on Page 8 Union Chided by Hoesterey Committee had been 'shunted' from city office to city office in Rochester's newest judge, former Representative James P. B. Duffy, is seen at right as he took the oath of office as a Supreme Court justice yesterday from Justice Benjamin B.

Cunningham of the Appellate Division, Fourth Department. group, skyrocketed in interest as the announcement was made that an unsuccessful attempt to arrange for Convention Hall for amaas meeting. As he finished talking Senator Wheeler would speak in Councilman Julius Hoesterey Jr, uhphI an attack against Rochester against President Roose several delegates leaped to their himself and Councilman William W. Campbell last night as a weapon to urjre union labor to exercise more care before it velt's proposal to boost the membership of the United States Su feet with the demand that he "name the organizations that com preme Court from nine to 15 ac bombards City Council with requests for legislation. prise the United Front." The attack was in the form of In the Smith party wore Mr.

and Mrs. F. J. Qullllnan, Mr. and Mrs.

Walter Smith and Mr. and cording to Mr. Strang. With the announcement of the Stenglein did not name specific Illness Postpones Bus Consideration the way of union labor organiza a communication drafted by Paint organizations. committee, Mr.

Strang also r- Julius Hoesterey city Justice Duffy Makes Ready To Begin Duties Monday Without fanfare, James P. B. Duffy yesterday afternoon at the Courthouse took, the oath that he will support the federal and state constitutions and faithfully discharge his new duties as justice of the Court, Seventh Judicial District. ers Union Local 130, and read before tho Central Trades and Labor councilman as well as delegate to Council, protesting that Hoesterey the Central Trades, charged Stenglein with evasiveness. and Campbell "helped defeat" union-sponsored resolution in City "He (Stenglein) showed the oom- mittee this fame evasiveness," de clared Hoesterey.

"Convention Hall Illnosi of Mrs. Gertrude C. Lamb, Board of Education member, yesterday resulted In postponement of that body's consideration of proposal to provide bus transportation for parochial school pulls. Scheduled to oonslder recommendations of Suerlntendent of School! James M. Spinning on the matter yesterday afternoon, the board It is expected Justice Duffy will is your hall.

It is your property. But the city for its own protec Mrs. Arthur W. Smith. They leave Rochester tonight Honorary bearers for Mr.

Warner, longjjme friends of tho beloved will be Hiram Sibley Jr. Douglas C. Townson, J. Craig Powers, George L. Swan, James S.

Watson, Wesley M. Angle, William L. Phillips, Joseph B. Hoyt, Leo Ruebson, Paul LeHardy, E. Allen Stebblns, Fredorick T.

Pierson, Herbert M. Stern, William H. Grs-llne, Arthur L. Veddcr and Slg-mund Firestone, Officiating will be the Rev. Charles C.

Carver, rector of Christ Church, and the Rev. Frank L. Brown, rector of St. Simon's Church. tion and recognition, By way of illustration he pointed out that some city employes only work 35 hours a week; that since 1034 it has been the city's policy work employes no more than 40 hours a week except In emergencies; that labor should be explicit and decide if It means policemen and firemen and that It should think twice on this last point "If you want policemen and firemen under that classification, you must remember that you've got to foot the bill.

Do you want another $700,000 or so added to your tax bill? These are points that must be thought out." vealed that headquarters have been established in Room 305, Sagamore Hotel, and made public the platform on which the "Four C's" will stand in the fight to preserve constitutional government. The platform follows: "We believe that the Supreme Court of the United States should bo maintained without impairment as an independent, co-ordinate branch of our government. "We believe that always, especially In changing times, the people should have the opportunity through the orderly process of amendment provided in the Constitution itself, to alter the Constitution or established Interpretations don his robes for the first time Monday In the Monroe County Courthouse. The new judge is a tion must know the names of the responsible organizations asking for the hall. I resent Mr.

Stcng-leln's assertion." Council asking a 40-hour week and recognition of labor unions. Hoesterey first explained that the movement had not been defeated, but simply referred to com-mlttoe for further study. Ho pointed out that the resolution was so poorly put togothor that essentially it did not even refer to city omployes. Furthermore, he declared, union labor must be considerably more clear on what It wants of the city administration In SPEAKING CONTEST SET Evening classes of the Adult School at Monroe High will compete in a speaking contest Thursday evening in the auditorium at School 15, Averill Avenue. Following the contest music for dancing will be furnished by a WPA graduate of Harvard Law School, class of 1904.

The committee to which Council was ready to convene when word of Mrs. Lamb's Illness reached Mr. Spinning. Action was deferred to 4:30 p. m.

Tuesday when It Is The oath was administered to the former representative and one man Hoesterey referred was a City Council committee which governs letting of the Convention Hall for gatherings. hoped Mrs, Lamb will be able to time department store head by Justice Benjamin B. Cunningham of the Appellate Division, Fourth Department. In swearing in at McFARLIN'S Justice Duffy, Justice Cunningham thereof. "We believe that the question of amending the Constitution in the manner provided therein should promptly be submitted to the people, and that experience has demonstrated that action thereon can be returned to the Supreme Court bench adjacent to his third-floor chambers where he sat for years prior to his promotion to the Appellate Divjsion of Supreme obtained within a reasonable time.

Five of the last six proposed amendments were ratified within 10 to 15 months. Court. Declines to Sign Order "We, therefore, favor the early proposal by the present Congress Our Variety In 2-Trouser Suits Is Surpassed Only By Our Value-Giving On receiving formal notification of such amendment or amend that the Senate had confirmed his ments as It deems necessary for subission to the people at conventions to be called as promptly as appointment by Governor Lehman to the judgeship, Justice Duffy quietly slipped into the Courthouse possible in the several states for the specific purpose of taking ac and expected to slip out again tion thereon, and consequently op pose the enactment of legislation without special notice. authorizing the appointment of He scarcely had finished intoning additional judges upon the Supreme the oath when a lawyer, Leo G. Court of the United States." Sponsors Listed Besides the sponsoring commit Imitated, But Never Duplicated Our Adler-Rochester LLAMBAK TOPCOAT $37 Hosenfeld, sought the honor of having the new jurist sign his first order.

Justice Duffy, however, exercising for the first time his tee of 300, the movement is already attracting a large membership, Mr. Strang said. The com ludicial prerogative, declined to 8ARMAC 2-Trouser mittee Includes: Mrs. ldortlmsr R. Anstice, Joseph T.

Ailing. John F. Ancona, O. L. Angevlne, Mrs.

WhKney Allen, Dr. 8. J. Appeltiaum, Mrs. George Bailey.

Mrs. William J. Baker, Mrs. Edward Bauch, Mrs. OeorK sign the application, a show cause petition involving an Incompetent, on the ground his oath of office, the ink of which was not yet dry, should first be filed with the Secretary of State at Albany.

Witnesses to the ceremony and they watched from outside the Courtroom door were Miss C. Marie Blackwood, who for years has been Justice Duffy's secretary and who will continue in that ,50 Suits capacity, and Miss Mary L. Slcilia, secretary to Justice Cunningham. To Serve Out Year Justice Duffy will serve to the end of this year under the Gov ernor appointment. Election or a D.

B. Bonbrlght. Mrs. H. J.

Burkhart, Miss Margaret J. Bacon. Mrs. Carlton Bown. Mrs.

Raymond N. Ball, Mrs. Sidney Backus of Wehster, George A. Brown, Carl Bauarn, Theodore C. Brlggs.

Joseph A. Bauer, George O. Batterson, Or. Harold U. Baker, Raymond N.

Ball, Kdward Bausch, Ftorus R. Baxter, Daniel M. Beach, Joeeph W. Bentley, Oeorge M. Bonbrtght, Herbert W.

Brlgham, Harvey 1. Burkhart, Dr. Willis Bowen, Frederick Barry.DeLancey Bolce of ChurchvlUe, A. Emerson Babcoclt, David B. Brady, Willis O.

Broadbooks, James C. Bristol Dr. teams Bullen. Mrs. H.

Sverest Clements, Mrs. Henry Chine. Mrs. D. R.

Chamberlain, Mrs. w. V. Castle, Mrs. Harvard Castle, Mrs.

Walter Campbell, C. Maude Clements, Mrs. Kdward Cumpitton, Mrs. Algernon S. Crap ey, Mrs.

Paul 8. Collier, Earnest K. Clark. D. N.

Calkins, George H. Clune. Ralph T. Coe, B. K.

Colborn, Rev. Weidon 7. Cmssland. James E. Cuff A.

Edwin Crockett, Kloyd L. Christ, Karl Case, Oeorge H. Clark, Oeorge A. Camahan. Mrs.

Henry O. Danforth, Mrs. James C. Dryer, Christopher H. D'Amanda, John P.

Day, A. K. Dean, Rufus K. Dryer, Robert T. Dwyer, Samuel Dicker, Harold D.

De-snon, John A. Doyle, Charles T- DePuy, Oliver B. DeRldder, Mrs. Mack Elllngsun, Mrs. M.

Herbert Eisenhart, Mrs. W. D. Bllwanger, Albert B. Eastwood, M.

Herbert Eisenhart, Mark Elllngson, Mrs. Albert B-. Eastwood, justice to serve the full 14-year term will take place in November. The vacancy arose through death of Justice Robert F. Thompson of When we set out to have Rochester's outstanding 2-trouser suit department, we left no stone unturned to make it so.

For fabrics and tailoring value, for choice of models, colors, and patterns, we offer an enviable display. The 'Barmac' is just one of several feature groups you may pick from. See the handsome Spring selections today! Men's Clothing, 2nd Floor. Canandalgua. Trial justices of the district will meet in the Courthouse tomorrow to rearrange assignments, made necessary by appointment of Justice Duffy and promotion of Justice Marsh N.

Taylor to the post of temporary additional justice on the Appellate Division. TIMELY Some topcoats may look like a Llambak but they won't ACT like one! For warmth, protection, good looks, little weight, and long wear, a Llambak simply can't be matched. Llambak comes in new tans, browns, grays, oxfords, raglans and box models, plain colors and patterns. The logical choice for your Spring topcoat! Justice Clyde W. Knapp of Lyons is now senior trial justice.

Continued on Page Twenty-four Halts Work 'On Side' City Police and Firemen By New Gabardine Suits 29 New-Chalk Stripe Suits 35 Safety Commissioner Cox will allow no city policemen or iremen. to do plumbing on the side. The commissioner has given this assurance and will post a notice to that effect in all police1 precinct stations and fire-houses, Frank J. Hillock, Plumbers' Union executive, told Central, tradei requested CLOTHES Also ask fo see) our pop-. ular Pace-setter 2-trouser suits at $39, one of many Timely Clothes groups tailored by Keller-Heumartn-Thompson and sold in Rochester at Mo Farlin's only.

New sport back models in the Spring season's wanied plain shades. Ons trouser. One of several pattern features in our famous Ranger Worsted group. One) trouser. the Board of Education to (1) for Trades and Labor Council last I night in Carpenters' Hall.

This disposed to the union's. bid teachers In public schools from engaging In that business, (2) for-! Globetrotter TOPCOATS bid the use of school materials or equipment in competitiv business, and (3) provide for disciplinary measure for enforcement of these regulations. School teacher are turning out work at "ridiculously low prices" satisfaction of Its formal protest at the previous council meeting that on city policeman was doing plumbing on th side. Even a this camplalnt died, a Bw on was carried before the union labor body tost night, the formal charge by th Allied Print MeFABUN due to dependable salaries and in some instances the us of school ing- Trade that teacher in public school ar engaging In printing material, th union printing body1 WHERE THE GOOD CLOTHES COME FROM ines on th Ida. cnargM..