The Austin American from Austin, Texas • 9

THE AUSTIN AMERICAN. AUSTIN, TEXAS. SEPTEMBER 18. 1937. 9 New York Demos Name Mahoney; Tammany Defeat Is Extensive For Delivery Service Telephone 4391 Britain Prepares for Trouble Connally Hits At Black Attacks Court Reform Issue Renewed F.D.

Strikes at Talk Of Threat of Dictatorship (Continufd from Page 1) constitution had fought, me rev GOP Primary Assures Lead For LaGuardia Tiger Machine Said 'Confused' by Loss To Insurgents Tty ttiU rnnt iimal NVw fVn cv NEW'YOPK, Sept. Tarn-manv Tleer pvrnbnl of Tammany ADVERTISING Biggest Neon Sign In Texas Erected At San Marcos 5r(4 to Th Ami j4ru-i SAN MARCOS, Sept. 17. Perhaps not a lamp of learning, but at least indicating an educational center is the giant neon sign erected atop Carroll hall at San Marcos academy. The sign, destined to become a familiar signal along airplane and railway lines, spells "SMV in blazing red 14-foot letters.

Motorists will be able to see it for several miles distance since Carroll hall is on a hill over-looking the city. R. M. Cavnefs, president of the school, was told by men erecting the sign that the letters probably are the largest made for neon in Texas. Each letter weighs 450 pounds.

4 1 i't I kJ wi Hall, oldwt mnnlcipal poliilcnl or-' i ramranon in nmrjuw my ptuc trafe Friday night on the battleground of New York's city-wide primaries. Every one of the Tiger's major candidates for office was defeated by a crushing vote. Several of Tammany's own bosses were beaten for their district leaderships by insurgents. Never in the history of the machine had it been left so bereft and confused, Four new deal leaders in boroughs outside Manhattan, who defied Tammany to support former Supreme Court Justice Jeremiah T. Mahoney for the democratic nomination for mayor, piled urt an overwhelming vote aaginst Tammany's candidate.

Srn. Royal S. Copeland. With only fiO of election districts the vote wa: Mahoney: Corcland: 242.150, The biggest surprise of the pri marv was the exceptionally larw vnf fnr M.ivor La-! Guardta in the democratic primary 1 in which he was not a candidate. Latest figures show 56.099 democrats wrote in his name.

The republican primary with few district1! missing, was: LaGuardia: 70.8R2, Copeland: 46.560. Theft of Automobile Reported to Police Car prowlers took a pistol Out of Grady Maulding's car. parked in the 700 block of Brazos street, po- lice were told Friday. Pantaloon Mercado reported the then or nis roanier irom nis residence, 903 East avenue. Prowlers also took four hub caps off a car belonging to O.

K. Mel-calf while it was parked between Fourth and Fifth streets on Brazos. Edward Rangel said his bicycle was stolen from the 300 block of Chicon. While her destroyers patrol the Mediterranean in search cf ''pirate" submarines. England's merchant marine officers are being trained to protect their ships if it should become necessary to arm them.

Merchantmen are shown receiving instructions in handling a high angle naval gun on the training ship President, anchored in the Thames river at London. New Braunf els Is Seeking Session court from Patrick Henry Kelly, a Boston attorney, asking that a committee of lawyers be appointed to determine Black's eligibility, quite aside from the klan dispute. house Recalls Klan Battle The Liberty league statement was issued over the signature of its president, Jouett Shouse, who had just returned from Europe. "Mr. Roosevelt was a prominent members of the democratic conven tion of 1924, to which I was also a delegate," Shouse said.

"All who were there must vividly recall the bitter controversy that arose over the Ku Klux Klan. "I have no personal knowledge as to whether Mr. Black is now or ever has been a member of the klan. But 1 remember distinctly when he was elected to the senate from Alabama in 1926 his election was hailed as a great klan victory. Says Roosevelt Knew "Mr.

Roosevelt then as now keenly interested in politics, was unquestionably familiar with tne popular listing of Mr. Black as a klan senator. It seems incredible that these circumstances could have escaoed Mr. Roosevelt's mind when he was considering Mr. Black for the supreme court "If they did, then Mr.

Roosevelt's memory was surely refreshed by when he was elected to the senate debate over the Black appointment that Mr. Black had. been affiliated with the klan. In spite of that fact, Mr. Roosevelt used every power at his command to compel Mr.

Black's immediate confirmation: Noted Minister Here Dr. L. D. Anderson, minister o. the First Christian church in Fori Worth, is to speak and conduct a conference at the Central Christian church, Monday through Thursday evening of next week.

Dr. Ander son is minister of one or me largest churches in America, and is known throughout the nation for his unusual leadership In church life. His discussions will be of an informal, practical nature, dealing with the essential objectives of the church and how these objectives may be achieved in the most ef fective manner. Decker Revival On Revival services at th Decker Methodist church will continue through this week with services at 8 p. m.

Visiting pastors will preach every evening. The series of services will be concluded Sunday night when large delegations are expected to attend from Austin and other communities. Worship Hardt'sTopic the Vurld." Mr. Roosevelt said. But, he declared, both the atti- The Rev.

Charles T. and the prediction are denied pastor of Ward Memorial Meth-j by those who believe in democracy, odist church, will speak Sunday fhis denial, he said, is based on two morning on "Means of Worship." reasons: (1) Because modern men Sunday night the pastor will and women will not tamely com-cus "Almost a Christian." mit to one man or one group the Mrs. Minnie Crider will be the permanent conduct of their governors ist for the morning service, ment and 2) Because the state of Piracy, Battle Is To Hit Surface Craft (Continued from page 1 his demands were satisfied. England and France not only ignored his demands but fortified the accord to include "pirate" surface warships and airplanes as well as submarines. A few hours earlier France and Britain announced without consulting either Italy or Germany that the non-intervention naval patrol of Spain's seacoasts would be abandoned immediately.

Ending of this cordon around Spain virtually opened the door to large scale arms and ammunition shipments to the warring Spanish factions. BRITISH SAY Rt BEL SIBS ESCORTED BY NAZIS, FASCISTS MALTA, Sept. 17. fi British naval sources reported Friday sighting two submarines 50 miles from this British Island naval base, both flying insurgent Spanish colors and both escorted by Italian and German destroyer. These sources said the submarines were escorted respectively by two fcerman and two Italian destroyers, the whole convoy moving toward the insurgent-held Spanish island of Mallorca in the Western Mediterranean.

PLANE ATTACKS BRITISH DESTROYER LONDON. (Saturday), Sept. 13. CINS A Spanish government airplane made an unsuccessful attack on the British destroyer Fearless of the north coast of Spain, the Daily Mail reported Saturday from Hendaye, France. The bombs missed their mark, the dispatch said.

The British admirahy said it had no knowledge of the reported at- tack. Jaycee Convention At' Wichita Is Opened By the Associated Prws WICHITA FALLS. Sept. 17. Five cities began pre-election pressure for the 1938 convention as Texas Junior Chamber of Commerce delegates flocked here more than 300 strong" Friday morning for their annual fwo-day gathering.

Gov James V. Allred arrived early to start the influx of celebrities. The governor, scheduled to speak at the Saturday luncheon, flew in from Atlantic City, K. where he had attended the annual-national convention of governors. Port Arthur, Dallas, Waco, Long-view and New Braunfels are bidding for the next convention.

Boards of Utilities To Be Investigated WASHINGTON, Sept. 17. UP) Chmn. Frank R. McNinch of the federal power commission announced Friday that a campaign would be started at once to inves tigate and eliminate interlocking directorates in utility systems.

McNinch announced that seven officers and directors holding positions in the Associated Gas and Electric system, on which the commission was to bring a hearing i Monday, resigned their positions Friday and withdrew their appnca- tions for permission to hold inter locking positions. Effort To Embarrass F.D. Is Seen 'Continued from Tage 1) firmed bv the senate without any proof and the president has no power to remove him, and it is un fair for the president's critics to urge that he request the resignation of Justice Black." Connally, here In attend a Constitution day celebration, in an interview and a formal statement, criticized Ren, Hamilton Fish of New York, who has attacked the appointment of Black. Charges Embarrassment "If Mr. Fish is so well exercised, let him take action in the house of representatives, v.

here he has a right to do so, and not in the newspapers," he said. "It is well known that Rep. Fish is a bitter enemy of Pres. Roosevelt, and he is just trying to embarrass the president and pick up a few votes for himself. "I don't know vhether Justice Black was a member cf the ku klux klan and I don't know what Fish knows about it either.

You know that I have always opposed the klan. "Most of the furor is simply politics Connally voted for confirmation of Black's appointment to the high court, although he -was active the senate fight against the president's supreme court reorganization plan. Impeachment of he said, is "wholly improbable." HAMILTON" HOrES F. D. WELL FIND SOLUTION WASHINGTON, Sept 17, aNS) John D.

M. Hamilton, republican national chairman, Friday night deplored "partisan criticism" of Pres. Roosevelt for his appointment of Justice Hugo Black to the supreme court. Hamilton hope the president would find a "solution of this difficult problem." BLACK STEPS OUT TO FORGET FUROR LONDON. Sent 17.

tINS) Justice Hugo L. Black of the United States supreme court put on his white tie, top hat and tails Friday night and went off to the bright spots of London's West End to forget the furor raised over charges that he is a member of the ku klux klan. Climaxing a day which brought him for the first time out of his hotel suite fortress, Black escorted his wife to dinner and the theater. LIBERTY LEAGUE ATTACKS FDR ON APPOINTMENT WASHINGTON, Sept 17. i.P) The government already has paid Hugo L.

Black 12 days salary as a justice of the supreme court. The justice department disclosed Friday it had mailed him a check for $fiG6 66 at his office in the sen ate office building, covering the period from the time he took the oath of office on Aug, 19 to the end of that month. Meanwhile, the American Liberty league, virtually dormant since the election of last November, returned to the political wars with a statement contending that Pres, Roosevelt must have known of Black's alleged Ku Klux Klar connections when he appointed him. Bankhead Denies Statement At the same time. Sen.

Bankhead (D-Ala issued a statement in Jasper, denying he assured his senate colleagues, prior to the vote on confirmation, that. Black was not a member of the klan. A fourth development was the receipt of a letter at the supreme wrth Mejnofn and THI 9 Precepts Mislaid, Say Supporters of Plan (Continued from Page 1) judicial branch of our government cooperate as the constitution Intended that it should cooperate," Ickes said: "Nowhere in the Constitution do find that there was any purpose to lodge in a small group of men selected for life, and therefore beyond the reach of the people, the power to function as a suipr-legis-lature. And yet during the course the years this is precisely what has happened." Republic 'Saved Sen. Vandenberg (R-Mich) said the defeat of the supreme court proposal n'ot only saved this constitutional anniversary from becoming a hollow mockery but also saved the soul of the republic." He spoke at Detroit.

Secy. Wallace, speaking in Wash ington, said trouble always had followed any narrow approach to national problems which departed from the broad spirit of the founding fathers and added: "When a supreme court, not responsible to the people, invalidates an act of congress on the grounds policy, there can easily be serious trouble unless the court is animated by the most sincere desire continually to reformulate in line with modern times the principles which guided the men who signed the constitution' Safeguard Needed George Wharton Pepper, former republican senator from Pennsylvania, told a Philadelphia observance the Constitution was the safeguard for minorities from executive tyranny. He asserted the supreme court was not nullifying the will of the government when it overruled an act of legislation. The court, he said, "is as much a part of the government as are congress and the president. The deciison of the court is an act of government just as much as a statute itself." While Pres.

Roosevelt spoke in Washington Friday night, part of the national observance of the 150th anniversary of signing of the constitution centered at Philadelphia. There representatives of the original 13 states gathered to commemorate the occasion. Poisoning Bill Returned Here (Continued from Page 1) state in the Indictment charged Santa Ana's statement was false and that. Santa Ana knew it to be false when he allegedly made it. $4,000 Total Bonds The murder indictment against Santa Ana charged he did "voluntarily and with malice aforethought kill" Felix Escamilla by then and there, with intent to injure and kill him, the said Felix Escamila, causing him, the said Felix Escamilla, to swallow a certain noxious substance injurious to the health and functions of the body, to-wit, strychnine, and the said swallowing of said noxious substance by him, the said Felix Escamilla.

so administered as aforesaid bv the said R. C. Santa Ana, did cause the death of the said Felix Escamilla on the 11th day of July A. 1937 in the said county ol Travis and State of Texas, Rnnds for Santa Ana were fixed at $3,000 in the murder indictment anH l. 000 in the perjury case.

These were the same size bonds under which the accused tailor secured his release on justice court complaints. Indictments Voted The grand jury did not return an indictment against Abel Botello, who also was charged in a justice court complaint with murder growing out of Escamilla death, but it was reported the grand jury was continuing its investigation in the Tb indictment against Santa Ana were in a list of 27 felony and four misdemeanor indictments returned by the grand jury Friday before it 'recessed until Monday at 10 a. m. I No Bills Voted Other defendants in custody Friday on indictments were: Alfonso D. Robertson alias Jack D.

Gale, charged with burglary; Jack De-Viney and Paul Jackson, charged with burglary; M. D. Townsley, charged with burglary and theft; David Lattimer, charged in two forgery indictments; James Baker alias Iron Head. Buckskin and Buffalo, charged in six burglary indictments. Woodie Lowery, charged with ag gravated assault, was the only defendant in a misdemeanor indictment in jail Friday.

The grand jury returned no bills" releasing W. W. Welsh and Leroy Weir, charged in justice "court felony complaints. Significance 0 Faith Is Topic For Rev. Sadler Dr, M.

E. Sadler, minister of Central Christian church. Is preaching Sunday morning on the subject "The Practical Significance of Faith." The following are among the questions which will be raised in phis sermon: wnat is faun, wnai types of faith are necessary if men and women are to satisfactory ana effective lives" hat relationship does faith in God have to the other essential faiths of man? 1 Stated in terms of practical every- day experiences, what is the value of faith human life? In connection with this service, the choir will sing. Sacred Head Now Wounded." by Liszt The special solo parts will be sung by Frank Gardner. and that he believes that demo-, rratic government in this country can do all things which "common-sense people, seeing the picture as a whole, have the right to expect." 'I believe that these things can be done under the constitution, without the surrender of a single one of the civil and religious liberties it was intended to safeguard," Mr.

Roosevelt continued. "And 1 am determined that under the con- Ptitntion those things shall be rionp Constitution Not Rigid The president reiterated his oft repeated contention that the constitution never was intended by the founding fathers to be a rigid, unyielding document, but was rather a statement of objectives. He said that the framcrs of the document used broad and general language capable of meeting evolution and chance when they referred to com merce between the states, the taxing power and the general welfare. "Even the supreme court was treated with that purposeful -lack of the chief executive said, to the belief of many Americans, the constitution says nothing about any power of the court to declare legislation unconstitutional; nor does it mention the number of judges for the court. IMeas for Vnity "Again and again the convention voted down proposals to give jus- tiPF-c r.f iha Mitrt a vot- avai lotic lation.

Clearly, a majority of the delegates believed that the relat inn of the court to the congress and the executive, )ike the other subjects IratrH in irenrral tnrm -nrV I -i i ntij. uul cvuiuuuu aim uiiaiifce over the years. Earlier in the dav the president had motored to Sharpsburg, where, at the scene of the Civil War's bloodiest battle Antietam he made a plea for national unity. The president's remarks on dictatorships were the sharpest be has made since he came to the White House, He concpdpd that thpen regimes have given manv people material things which they did not obtain under democracies which have failed to function. These ben- efits.

he said, include iobs. Thrratens Civilization Order prevails under these gov-t ernments. Mr. Roosevelt said, even though it is maintained by "fear and at the expense of liberty and individual rights." "So their leaders laugh at all constitutions, predict the copying of their own methods, and prophesy thp parlv pnri nf Hpmnrrafv thrnii0h. world affairs brought about by the new forms of government "threat ens civilization." Keeping Menace Away "Armaments and deficits pile up together." Mr.

Roosevelt explained. "Trade barriers multiply and mer- chant ships are threatened on the high seas. Fear spreads throughout the world fear of aggression, fear of invasion, fear of revolution, fear of death." Then he snapped: "The people of America are rightly determined to keep that growing menace from our shores." He concluded His address with a 1 i1'!" a mat Tnr-y guarantee me effectiveness of each of its parts by living by the constitution as whole. 1 ask that they have faith in its' ultimate capacity to work out the problem of democracy, but that they justify that faith by making it work now rather than 20 years from now. Faces War Banger 'T ask that they give their fealty to the constitution itself and not to its misinterpre.ters, "I ask that, they exalt the glorious simplicity of Us purposes rather than a century of complicated legalism, "I ask that majorities and minorities subordinate intolerance and power alike to the common good of sU." The president said the United States faces confidently the "known and measurable danger of becoming involved in war," But he said that it takes foresight, intelligence and patience to meet the "subtle attack which spreading dictatorship makes upon the morals of a democracy." Explains Demands A new ideal has come to dominate thought about democratic government, Mr.

Roosevelt went on, and this nation can not go back. This ideal, he said, makes understandable the demands of lahor fnr cKnrt. cr hours and higher wages, the de- manos or larmers for more stable income, the demands of the "great majority of business men for relief from disruptive trade practices, the demands of all for the end of that kind of heensp, often mistermed liberty.1 which permits a handful of the population to take far more than their tolerable share from the rest of the people' Mr. Roosevelt said there are two forces in this country which fear the majority rule of democracy those who would perpetuate a plutocratic dictatorship or control and those who would set up a proletarian dictatorship. Both Dangerous Both types, be said, are equally dangerous, on renresentme a cold blooded "rosohe to hold power" and the other a 'mckless resolve! to seize power The government i has successfully fought the first croup, he said, and is equally against the second.

'And the overwVlming majority of the American people fully understand and completely approve that rourse as the course of the present government of the United States," he said. Layman's- Document 1 Recalling that the framers of the of i a 1 olution, and "drew the kind of agreement which men make when they really want to work together under it for a very long time," the president added: "The constitution of the United States was a layman's document, not a lawyer's contract, That ran-not be stressed too ofton. Madison, most responsible for it, was not a lawyer, nor was Washington or Franklin, whose pense of give-and-take of life had kept the convention together." For this reason, he said, the framers used specific language in dealing with "eternal verities," forbidding titles of nobility, suspension habeas corpus, prohibition of treasury withdrawals without appropriations, and the guarantees of the bill of rights, Long1 I'nending Struggle "But," he added, "when they considered the fundamental powers of the new national government they used generality, implication and statement of mere objectives, as in tention phrases which could adapt to time and circumstance But for 150 years there has been an unending struggle between the broad constructionists and "those who would shrivel the constitution into a lawyer's contract," Mr. Roosevelt said. Asserting that the former group held "no rancor" against those who professionally think in legalistic phrases and cry "unconstitutional' i ni Ta group ultimately always has been overruled Refers to Liberty League Ve! lw vearS ago' tie said.

coming down to his own ad ministration, "58 of the highest priced lawyers in the land gave the nation (without cost to the nation) solemn and formal opinion that the Wagner labor relations act was unconstitutional. And in a few months, first a national election and later the supreme court overruled them." The president referred to an opinion by a lawyers' committee of the American Liberty league. For three years, Mr. Roosevelt said, the odd man on the supreme court refused to admit that state minimum ware laws for women were constitutional. But, after his message to congress on rejuvenating he judiciary the odd man admitted.

he said, that the court had been wrong "for all those 20 years and overruled himself." Respected All Branches "In this constant struggle the lawyers of no political party mine or any other have had a consistent, unblemished record: But the lav rank and file political parties has had a consistent record. "Unlike some lawyers, they have respected as sacrrd all branches of their government. They have seen nothing more sacred about one branch than about either of the others. Thy have considered as most sacred the concrete welfare of the generation of the day And with a laymen's common-sense of what the government is for, they have demanded that all three branches be efficient that all three be interdependent as well as independentand that all three work together to meet the living generation's expectations of government." He said the lay rank and file can take cheer from the historic fact that every effort to construe the constitution as a lawyer's contract rather than a layman's charter, has ultimately failed. Terrible Cost' But the word 'ultimately' covers a terrible cost," the chief executive I continued.

"It cost, a Civil War tn gam recognition of the constitutional power of congress to legislate for the territories. "It cost 20 years of taxation on those least able to pay to recognize the constitutional power of the congress to levy taxes on those most able to pay. "It cost 20 years of exploitation of women's labor to recognise the constitutional power of the states to pass minimum wage laws for their protection. "It has cost 20 years already and no one knows how many more are to come to obtain constitutional interpretation that will let the nation regulate the shipment in national commerce of goods sweated from the labor of little children. Takes Time for Adjustment "We know it takes time to adjust the government to the needs of society.

But modern history proves that reforms too long delayed or denied have jeopardized peace, undermined democracy and swept away civil and religious liberties. "Yes, time more than ever is vital in statesmanship and in governmentin all three branches of The president said that "we will no longer be permitted to sacrifice each generation in turn while the law catches up with life." We can no longer afford the luxurV of 20-year lags, he added. "You will find no justification he declared, any of the language of the constitution, for delav in reforms which the mas of American people demand yet nearly every attempt met those demands has been jeopardized or actually forbidden by those who have sought to read into the constitution language which the framers refused to write into the constitution PRESIDENT ABANDONS SPECIAL SESSION PLANS WASHINGTON, Sept. 17. ONS) Pres.

Roosevelt has abandoned plans to summon congress into special session this fall, it was rpnortoH Fridav nieht. as a result of the na. tional uproar over charges Justice Hugo L. Black is a life member of the ku klux klan. i ne president anvisprs were said to have convinced him a spe- cial session now would lead onlv i to congressional bickering over vertigating Black's affiliations with the klan.

Reports were the president would call a special scrsion only if Black resigned, thereby paving the way tor a new appointment to the su- preme court. I of it of I HAVE A f. Fl l-a 1- 34 11 I r- I I 1U-W 1 while Mrs. George K. Hamilton; will play Sunday mght Mortuary JAMES CORNELIUS Funeral services for James F.

Cornelius were held from the Cook Funeral home Friday with the Rev. O. F. Dingier officiating. Burial was in Oakwnod cemetery.

Pallbearers were N. O. Oclctree, E. W. Prry.

Tho Baker. Bprt Howell, Thomas Taylor and W. T. Fatton. MRS.

JULIA McCLAIN ATTS Funeral services for Mrs. Julia; McClain Watts will be held from the Cook Funeral home at 2 p. m. Saturday with the Rev. J.

W. Black officiating; assisted by the Few E. G. Hocutt. She is survived by two daughters, Mrs.

Sarah Eubanks and Mrs. Stella Py of Houston: four sons, J. Wato of Fort Worth. Marvin A. Watts of Houston, Henry Mac Watts of Long Beach, and W.

B. WaHs of Kentucky; and one brother, John McClain of Austin. Pallbearers will be nephews. Burial will be in Rock Church cemetery. J.

B. STOREY J. B. Storey, 92, died at the Confederate home Friday. He was bom in Green county.

Alabama. April 1845. The body is at the Cook Funeral home pending completion cf funeral arrangements. mrs. rr arl rorLiN Mrs.

Pearl Poplm, 56, died late Thursday. She is survived by her husband Dr. R. W. Poplin of Terrell.

The body was sent to Waxa-hachie for burial. MRS. ERIE WAITMAN GIDD1NGS, Sept 17. Funeral services were held here Wednesday for Mrs. Erie Waitman, 72, who died at her home Tuesday.

l'r. fc. L. Joekoi ol Austin con- ducted the services -w hich ee followed by interment in the city cemetery. She was born at Whichever, Texas, daughter of Mr.

and Mrs. Jones Bishop, founders of Winchester. Texas, having named it after their home town. Winchester. Aug, 24, 186.5.

She was married to George Waitman April 15, 1885. They lived on a farm near Winchester for several years, moving to Giddings about 50 years ago where they made their home. He died March IB, 1027. A daughter, Miss Powy Waitman, survives. Flowers carry tort into the homes where needed.

sweet com-hearts and it is most Hillyers "lour florist for 50 Years" Pa? Phn ifiht phone 3-IUa 3-SM3 Law J-1I47 2-3621 WTH DISTILLED Hi food to cool en Oooi 00 food for you. too. HtVt wliy mmm you pertpirt during not witW tKe body lout i $rtt dc! oF ht tnd it it tMt tKtt ciutet neat prostration. Magnolia Bf conti'mt fhi nd ottir dementi ifcet delp to oFfict tne ruturd tFFecti of not wettW. Tnti wliy you Iwiyi feet Wtter dtr a cool, delic'oui bottle of "MAGNOLIA." lIUtSTOft -KOBST0 mWttlEi 1m.

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