The Philadelphia Inquirer from Philadelphia, Pennsylvania • Page 6

St. abdef THE PHILADELPHIA INQUIRER, FRIDAY MORNING, FEBRUARY 26, 1987 BORAH PROPOSES SUBSTITUTE PLAN FOR COURT CHANGE Revision of 14th Amendment Granting More Power to States Continued From First Page partisan umpire in a baseball game. On the radio front, Senator Arthur Capper delivered a speech in opposition to the President's bill and said that it is an encouraging sign of the healthfulness fidemocracy in the United States that there has been a widespread revolt against "packing the Supreme Court." (Text of the Borah amendment, together with the 14th Amendment as it now stands, is printed in another column.) Introduction of the Borah amendment caused considerable discussion and "off the record" comment in Senatorial corridors and cloak rooms. For the most part proponents of the Roosevelt scheme registered opposition to the Borah amendment, inasmuch as, it tends to enhance the powers of the States over economic and social problems but does nothing to encourage an increasing centralization of bureaucratic control from Washington. On the other hand, opponents of the President's bill were disposed to look upon the proposal with friendly interest if not with outright approbation.

Gives States More Power Explaining his amendment, Borah said: Confederate State debts. Poll Arouses Protest "Under this proposal, the Supreme Court would not have jurisdiction over minimum wage questions as presented in the New York case. The procedure by which acts done by States according to established law could not be questioned by the Su-1 preme Court. All State legislation dealing with social and economic problems would be eliminated from Supreme Court jurisdiction. "It leaves to the States the solution of their social and economic ills." Differences between the existing 14th amendment and the Borah amendment include: 1.

The restrictive definition of the meaning of the phrase "due process of law" contained in the last sentence of Section 2, of the Borah resolution. 2. Addition of the prohibitions against State legislation relating to religious liberty, freedom of speech, press and peaceable assembly contained in Section 3, of the Borah proposal. This section is practically a verbatim copy of the first amendment to the Constitution which imposes similar restrictions upon Federal action; while Borah extend the same restrictions the would. States.

3. Elimination of miscellaneous provisions of the 14th Amendment designed to penalize those who supported the Confederacy in the War Between the States and to prevent validation of Administration leaders in the Senate were aroused today by publication of a poll, vouched for by opposition Senators, and showing that Senators have pledged themselves to oppose the Roosevelt bill to the bitter end. There -were indications during the day that considerable pressure was being exerted to induce some of the Senators listed as opponents, to repudiate the authenticity of the listing. However, the only tangible result of such activity was a noncommittal statement from Senator Bachman Tenn.) to the effect that he does not care to make any public commitment before the Roosevelt bill is actually reported to the Senate by the Judiciary Committee. It was also learned that Administration leaders in the Senate have become apprehensive lest the Roosevelt bill is unable to command a favorable report from the Judiciary Committee in the form in which it was transmitted to Congress by the President.

One report was to the effect that representations had been made to the White House with the view to ascertaining how far the President would consent to a modification of the measure in order to gain needed votes in the committee. There was no indication of the White House response to such representation, if the were made. However, a group of House supporters of the Roosevelt bill, headed by Representative Maverick who called at the White House came away convinced that the President would like to have his supporters go back to their districts and make speeches on behalf of his Court re-organization scheme. This was taken as evidence that the Administration is not satisfied with public reaction thus far and also as a hint that no early action on the bill is anticipated. Suits for Divorce Begun The following suits for divorce were begun yesterday in the Courts of Common Pleas: Harry against Margaret Sargent, Robert A against Jertta A.

F. Salmonsen. Ruth against George J. Craig. Helen against Edmund Wysocka.

Solomon against Sarah P. Hamilton, Irvin H. against Estella B. Silfies, Myrtle against Gustave Lundwall, Saul against Anna Marks, Tillie against Robert Hanover, Kathleen M. against Samuel Sitverman, Florence against Thomas J.

Kyle, Day In Congress WASHINGTON, Feb. 25, SENATE Met at noon and recessed at 4.58 until noon Friday. Debated and passed a bill to extend reciprocal trade treaties. Began consideration of Sumners Judiciary Retirement bill. Interstate Commerce Sub-committee considered Guffey-Vinson Coal bill.

Agriculture sub-committee considered Crop Insurance bill. Judiciary sub-committee considerred O'Mahoney Licensing bill. HOUSE Met at noon and adjourned at 3.40 P. M. until noon Monday.

Devoted day to speeches on various subjects. Intorstate Comerce Commission reported Long and Short-haul bill. Foreign Affairs Committee reportand Permanent Neutrality bill. In Washington Kenney Presses Lottery Measure Seeks Early Public Hearings on His Bill (Copyright, 1937, by United Press) WASHINGTON. Feb.

25. Reo. Edward A. Kenney N. tonight urged Congressional leaders to speed action on his bill for national lottery to raise money to meet "everincreasing" Government expenses.

Kenney estimated that a lottery giving the public a chance to win from $500 to $120,000 on a $2 ticket would "painlessly" raise 000 in new revenue and thus reduce the national tax burden. In a letter to Chairman Robert L. Doughton of the House Ways and Means Committee, where all revenue legislation must originate, Kenney asked that a date be set for early public hearings on his bill, which was introduced on the first day of Congress. At the same time, wrote every member of the House and Senate soliciting co-operation in bringing the measure to a vote. Ship Labor Bill Filed Senator Joseph F.

Guffey Pa.) introduced a bill providing a method of arbitrating maritime labor disputes through an advisory board of 40 members and establishing the principle shipping of collective bargaining in the industry. The bill sets forth five principles to govern settlement of maritime disputes: 1. Disputes taken to conterence for settlement. 2. Representatives of both parties must be U.

S. citizens and must be selected without coercion by the opposing party, 3. Employers shall recognize labor's right to collective bargaining. 4. The majority of any class of employees shall have the right to determine who shall represent that class.

5. Employers shall be prohibited from making contracts which force employees either to join or refrain from joining labor organizations. 'Quoddy Under WPA Passamaquoddy village in Maine has been transferred to control of the Works Progress Administration, it was announced by Aubrey Willams, National Youth Administrator. He said the transfer was made because NYA not the engineers necessary for administration does, of the $1,000,000 model Flood Relief Act Signed President Roosevelt signed a flood relief bill under which he may allocate relief funds to the Public Health Service to combat disease in the Ohio and Mississippi flood areas. MANUEL QUEZON White House guest today.

Quezon to Meet Cabinet President Roosevelt arranged A personal welcome for President Manuel Quezon, of the Philippine Commonwealth, who arrives in Washington Friday, President Quezon will proceed directly from the station to the White House, where he will lunch with President Roosevelt in the latter's study, After the luncheon, Roosevelt intends to present his visitor to Cabinet members as they arrive for their regular meeting. No Coal Bill Hearings Chairman Matthew M. Neely W. of the Senate Interstate Commerce Subcommittee considering the revised Guffey Coal bill, said his group had decided not to hold hearings on the measure. He said a request had been forwarded to the Commerce Department, however, for figures relative to imports and exports of bituminous coal.

New Anti-Lynching Bill A Federal Anti- Lynching bill, simllar to that sponsored unsuccessfully for several years by former Senator Edward P. Costigan was introduced in the Senate today by Senators Robert F. Wagner N. and Frederick Van Nuys Text of 14th Amendment and Borah's Substitute (By United Press) WASHINGTON, Feb. 35- Following is the text of the constitutional amendment that Senator Borah proposes substituting for the 14th Amendment.

It is followed by the amendment as it now standa. The Borah substitute for the 14th Amendment follows: "Section 1. The Fourteenth Article of Amendment to the Constitution of the United States is hereby repealed. "Section 2. All persons born ol' naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any persons within its jurisdiction the equal protection of the laws. Due process of law as herein used shall have reference only to the procedure of executive, administrative, or judicial bodies charged with the execution and enforcement of the law. "Section 3. No State shall make or enforce any law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble and to petition the State or the Government for a redress of grievances. "Section 4.

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. "Section 5. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution in the several States, as provided in the Constitution, within seven years from date of the submission hereof to the States by the Congress." As Amendment Stands Now Following is the text of the 14th Amendment as it now stands: 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws, 2.

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens WHY FEEL OLD? No doubt your glands need re-building. We have a tablet that has been used with success in treating men over 40 for such conI ditions. This is a physician's prescription. month's treatment $3.

Open till 9 P. M. DE.BROWN'S DRUG STORE, 113 N.10th St. PRESIDENT GRANTED NEW TARIFF WHIP Senate Votes Extension of Treaty Power; Finesse Puts Down Uprising Continued From First Page of 43 to 36. The shrewd Mississippian promptly jumped up, asked for reconsideration on the ground that he had changed his own vote from "nay" to "aye," and stated, in calm contradiction of his legislative strategy, that the amendment must be killed, or it would "kill" the President's program.

Thereupon there was a great seurrying of Democratic Senators out into the corridors to collect colleagues. and a great rounding up of Administration supporters. Before the final test came a second LouisianaFlorida amendment, prohibiting trade agreement concessions on agricultural commodities of which the American production is sufficient to meet domestic demand, was defeated, 52 to 30. Both amendments were motivated by the effect of trade agreement concessions on the winter vegetable growers in the two States. Then the test vote was called, and Senators Key Pittman, of Nevada: Hattie W.

Caraway, of Arkansas, and Edward R. Burke, of Nebraska. switched back to the Democratic fold, and Senators Henry F. Ashurst, of Arizona, and M. N.

Neely, of West Virginia, both Democrats, added their votes to the opposition. Thus the amendment was defeated on reconsideration, 42 to 39. The trade agreement extension bill, which was approved by the House some time ago, now goes to the White House, since Senator Harrison managed to have it passed intact. The President will unquestionably sign it, thus giving Secretary Hull power to make new trade agreements until June 12, 1940. GEORGE O'MALLEY George W.

O'Malley, veteran railroad man, who was assistant road foreman of engines for the Pennsylvania Railroad here before his retirement, died yesterday at his home, 3326 Haverford after an ill ness of more than a year. He was 73. He was a member of William L. Elkins Lodge, No. 646, F.

and A. and Washington Camp, No. 546, P. O. S.

of A. He leaves his widow. Mrs. Minnie Riebe O'Malley; a son, George W. O'Malley, of this city, and a sister, Mrs.

Sara James, of Stonehurst. SAMUEL H. M'FADDEN Funeral services for Samuel H. McFadden, for 25 years an employee of W. F.

Potts Son 1224 Cherry will be held tomorrow from his home at 1724 N. Front st. He was 42. Mr. McFadden died Monday of heart disease in a Macon, hotel, where he was traveling for his firm.

He had long been prominent in Masonic circles and was also a member of the William Penn Lodge, Loyal Patriots of America and the Quaker City Commandery, Knights of Malta. OBITUARY C. J. Waddell Dies; Investment Broker Succumbs At Age of 55 to tack of Pneumonia Carroll J. Waddell, prominent investment broker of this city, died of pneumonia in Pennsylvania Hospital at midnight Wednesday, Mr.

Waddell, who was 55, was manager of the investment department of the Philadelphia office of W. E. Hutton and Co. He was one of the founders and a former president of the Bond Club of this city, Born in Albany, N. he was graduated from Yale in 1903, and became associated with Harris, Forbes and where he became bond department manager.

From 1919 to 1930 he was syndicate manager of Drexel and Co. For the following five he was with Jackson and Curtis. He joined W. E. Hutton and Co.

two years ago, Mr. Waddell, who was unmarried, resided at the University Club, 16th and Locust sts. He was also a member of Merion Cricket Club and the Club of New York, one of the founders of the Elihu Club at Yale and a member of Alpha Delta Phi. His mother, Mrs. Mary C.

Gorham, of Albany, survives. JOHN E. DUFFY John E. Duffy, son of Police Sergeant John J. Duffy, of 3318 Ryan died Sunday after an operation.

He was 37. His father was formerly an inspector and is now attached to the Police Superintendent's office. In addition to his father, Mr. Duffy is survived by his mother, Mrs. Annie C.

Duffy, and four brothers, Very Rev. William P. Duffy, superior Holy Ghost Fathers, Puerto Rico; Rev. Joseph L. Duffy, assistant to the master of novices, Holy Ghost Fathers Novitiate at Richfield, and Edward R.

Duffy and Francis R. Duffy, students in the Holy Ghost order. Funeral services will be held this morning at 10 o'clock at St Matthew's Church, Cottman and Hawthorne sts. Burial will be in Cathedral Cemetery, 48th st. and Lancaster ave.

F. H. CLYMER Special to The Inquirer. DOYLESTOWN, Feb. Frederick Hiester Clymer, 68, a retired mining engineer and former Tennessee banker, died suddenly this afternoon of a heart attack while seated in his automobile in Bethlehem, where he had driven with a daughter to meet his son, a sophomore at Lehigh University, who planned to spend the -week-end at Mr.

Clymer was the youngest son of William H. and N. Valeria Smith Clymer, the former a well ironmaster of Eastern Pennsylvania. Survivors include his wife, two daughters, Mrs. Lewis Rumford, of Baltimore; Mrs.

Emily Ellsworth, of Doylestown; a son, Frederick a student at Lehigh and former Doylestown High School football star, and one sister, Mrs. Valeria Hill, of Reading. YORK'S NEWEST (NEW $3 $4 Single Double HOTEL New! but already famous as one of America's distinguished hotels 1200 Rooms 1200 Baths All with radio and circulating ice water HOTEL GOVERNOR CLINTON 3187 STREET 71h AVENUE, NEW YORK CITY Di .0 OPP. PENN STATION Under Knoll Management -BURNSSEE FOR YOURSELF! 0 Triple Trait REFRIGERATORS With Automatic GENERAL ELECTRIC THRIFT UNIT Sealed-in-steel General Electric offers greatest refrigerator value in 10 years. More ice cubes, more storage space, more cold capacity, more conveniences AT NEW LOW PRICES! Save on PRICE! Save on CURRENT! Save on UPKEEP! JUDSON C.

BURNS 1204 WALNUT ST. STEvenson 5600 123 So. 52nd Street 5914 Germantown Ave. 404 Broadway Camden 4709 Frankford Ave. 4647 No.

5th Street 884 Main Darby 7049 Garrett Road 3157 Kensington 21 W. Lancaster Ave. Ave. 933 No. 18th St.

Ardmore 122 40th 255 No. 52nd Street 1514 Snyder Ave. 4836 Broad St. 2100 Chestnut St. 307 Broadway, Camden No.

2402 No. Broad St. 5702 No. 5th St. 428 Camilen Frank Brown Dies; Retired Engineer Former P.

R. R. Supervisor Expires at Overbrook Frank Brown, retired construction engineer, died Tuesday night at his home in Overbrook, 6370 Church after an illness of two years. He was 67. Born in Altoona, he entered the engineering department of the Pennsylvania Railroad at the age of 19 and was made supervisor of the Middle Division at 24.

In 1896 he became associated with the Drake Shatty Company, construction engineers, later becoming a partner in Kerbaugh Company. He supervised the building of the Rockville Bridge, Pennsylvania Railroad's long stone span over the Susquehanna River west of Harrisburg, and the construction of the railroad's bridge over the Raritan River at New Brunswick, He was a member of the Union League. His widow, Mrs. Edith Kendig Brown, and a son, William survive him. Funeral services will be held at 2 P.

M. today in his home. Burial will be in West Laurel Hill Cemetery, MRS. R. M.

CONNOLLY Mrs. Sarah C. Connolly, sister of the late President Judge F. Lamorelle, died Tuesday afternoon, unaware that her brother had been buried the day before. Mrs.

Connolly, the widow of Richard M. Connolly, had been so seriously ill that relatives did not tell her of her brother's death. She was 74, and lived at 1 Wellington Stonehurst. She is survived by three sons, Richard M. Connolly, Rev.

Paul A. Connolly, of Brooklyn, N. Joseph A. Connolly, and two daughters, Mrs. John A.

Duffy, and Mrs. Harry Keefrider. Also surviving is a brother, Paul Lamorelle, of Wayne. Funeral services will be held tomorrow at 10.30 A. with Solemn Requiem Masa in St.

Alice's Church. Interment in Holy Cross Cemetery will be private. CHARLES ERWIN JUDD MARGARET HILLYARD Miss Margaret Hillyard, employed for many years in the music publishing house of Theodore Presser, at 1710 Chestnut died suddenly last night as she was about to leave the shop for her home at 477 N. Orianna (st. A She was 55.

John J. Hilliard, of nephew, 1208 N. Hancock had arrived to take the woman home in an automobile when she complained of illness. physician was summoned, but she collapsed and died before his arrival. She was pronounced dead at Graduate Hospital, Members of Miss Hillyard's family said she had been in poor health since suffering a stroke some time ago.

She is by a sister, Miss Annie Hillyard; two nieces, Florence H. and Helene Hilliard, and another nephew, Nelson Hilliard, all of this city, JOHN MORONEY John Moroney, proprietor of the West Philadelphia beverage distributing firm bearing his name, died Wednesday in Misericordia Hospital after an illness of three weeks. Mr. Moroney lived at 5626 Cedar ave. He held membership in the Catholic Philopatrian Literary Institute, the Notre Dame Club of Philadelphia, and the Layman WeekEnd Retreat League.

He leaves his widow, Kathryn Brown Moroney, and two children. The funeral will be Saturday morning with mass of solemn requiem at the Church of the Transfiguration at 11 o'clock. Burial, will be in Holy Cross Cemetery. CAPTAIN R. G.

CORNISH Captain Royal Girard Cornish, of Darby, who died suddenly in New York City, Tuesday, will be buried in Arlington Cemetery Saturday after funeral services at 2.30 P. M. at 1820 Chestnut st. He was 53. Born and educated in Philadelphia, Captain Cornish was master of the S.

S. Executive of the American Export Lines, plying between New York and Mediterranean ports. He had been a master since 1926. During the World War, as a Lieutenant Commander in the United States Merchant Marine Naval Reserve, Captain Cornish was engaged in transporting gasoline to France for the Government. He is survived by two sisters, Miss Gertrude Cornish and Mrs.

John B. Shotts, both of Darby. MRS. JOSEPH MILLS Mrs. Katherine Carroll Mills.

widow of Joseph Mills, of Fort Washington, former Philadelphia attorney, will be buried Saturday morning from her home, 5th ave. and Maple Conshohocken. She died Tuesday. A daughter, Catherine, one brother and two sisters survive. Services will be held in St.

Matthew's R. C. Church, a Conshohocken, at 10 with interment at St. Matthews' Cemetery. Charles Erwin Judd, for 38 years an employee of N.

W. Ayer and Son, died suddenly of a heart attack Tuesday at his home, 4518 N. Uber st. Mr. Judd, who was 67, was an active member of many fraternal organizations.

He was secretary of the band in both Kadosh Commandery No. 29 and B. P. O. E.

No. 2. He was also a member of LuLu Temple, Koran Grotto, and Royal Arch, Palestine Chapter No. 240. He belonged also to F.

and A. M. No. 512 and the Knights of Malta, Quakertown. Surviving him are his widow, Bessie, two sons, Charles and James; two daughters, Mrs.

Jewel Little and Mrs. Charles Baumann, and a brother, J. Andrew, all of this city. Funeral services will be held from his home at noon tomorrow. Interment will be made in Richlandtown Cemetery.

MRS. MARY NEWLIN Mrs. William Ver Planck Newlin died Wednesday at the Palm Beach home of her daughter, Mrs. Peyton Van Rensselaer, where she had been living several months. Mrs.

Newlin, who was 77, was the widow of William Ver Planck Her home was at Whitford, near Downingtown. She was the former Mary Helen Bennett. She is survived by three daughters, Mrs. Van Rensselaer, Mrs. Paul Tunnell and Miss Edith Caroline Newlin, and by two sons, Walter Bennett Newlin and Earl Newlin, all of Philadelphia.

ON TRUST FUNDS. LOANS LEGACIES. ANY LIFE INCOMES AMOUNT, TO B. WATMAN CO. HEIRS Rit.

1524 8768 Chestnut Race Phila. 2110 BENEFICIAL MUTUALI SAVING FUND SAVINGS 1200 CHESTNUT ST. BANK 826 E. ALLEGHENY AVE. BROAD ST SNYDER AVE The Tareyton Cork Tip is always firm HERBERT TAREYTON CIGARETTES "There's something about them you'll like" of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President or holding any office, civil or military, under the United States, Or under any State, who, having previously taken an oath, as a member of Congress, or as an officer the United States, or as a member of any State Legislature or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid and comfort to the enemies thereof. But Congress may, by a vote of twothirds of each House, remove such disability. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection and rebellion, shall not be questioned.

But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. 5. The Congress shall 1 have power to enforce by appropriate legislation the provisions of this article. J. J.

M'CARTHY DIES BEVERLY HILLS, Feb. 25 (A. -Joseph Jefferson McCarthy, 58-year-old movie pioneer, who amassed a fortune in promoting D. W. Griffith's "Birth of A Nation," died at his home here today after a protracted illness.

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