The Daily Courier from Connellsville, Pennsylvania on January 4, 1938 · Page 4
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January 4, 1938

The Daily Courier from Connellsville, Pennsylvania · Page 4

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Connellsville, Pennsylvania
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Tuesday, January 4, 1938
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PAGE FOUR. THE DAILY COURIER, CONNBLLSVILLB, PA. TUESDAY, JANUARY 4, Daily Qfowrter THE COURIER COMPANX , James J. Driscoll R, A. Walter S. Stimmcl James M. Driscoll J. \Vylic Driscoll J. Publisher . President and General Manager Secretary and Treasurer ,, Editor Associate Editor -- Advertising and Business Manager MEMBER OF Audit Bureau of Circulations ·Pennsylvania Newspaper Publishers' Association Bureau ot Advertising, A. N. P. A. Served by United Press and International News Service SUBSCRIPTION RATES Two cents per copy; 50 cents per month; $5 -per year, or 52.50 for six months by mall if. paid in advance. · Entered as second class matter at the Fostoflicc, . Connellsville, Pa. TUESDAY EVENING, JANUARY 4, 1038. AID I'O BUSIXESS OMBLAYED ,PraiEcd by Democrats, as a rule, denounced by others; admitted by Republicans to have been more conciliatory than expected; accepted even by Wall Street as moderate in tone, yet President Roosevelt's message to Congress Monday passed up the real issue of the hour--prompt action to head business and industry back toward normal after the most acute recession in the -Nation's history. About the only'encouragement business finds in the" address is the promise that changes in law as affecting business will be dealt with in a later message. The President agreed that revisions of taxes are desirable but insisted they must/ not be such as to reduce revenues. He says rightly that abuses by corporations or individuals designed to escape taxpaylng should not be restored. He admits "we should change certain provisions where they are proven to work definite hardship, especially oa the small business man of the Nation," but the regret is that at a crucial time he did not offer at once a program to bring about this relief.- When a. man is drowning there is no time for discussion of the next world. That can be done after he is rescued. The President stands pat on hours and wages, repeating his request that Congress enact minimum hours and wages legislation, which' would meet the approval of the laboring class. As to balancing the budget that did not seem possible to the average individual under present conditions. "I am. as anxious as any banker or industrialist or business man or investor or economist that the b u d g e t . . . . be brought into balance as quickly as possible," he said. lie added he is determined to "contiue the policy of not permitting any needy American who can and is willing to work starve because the Federal Government does not provide the work." He continued his opposition to the dole. More conciliatory as a. whole, but what business will await is some action to help it get back on its feet. HEADY TO MAKE CITY GREATER "I pledge you four years of the best I have in me and I invite your cooperation," Mayor Ira D. Younkin declared when he took the oath of office Monday as the city's chief executive for four years, his own successor. We believe the Mayor will make every endeavor to keep that" promise. It was noted ^ie took the oath and n^ade his declaration in the presence of a rabbi and two ministers, one of whom, the rabbi, opened the inaugural ceremonies with prayer, another pronouncing the benediction. Councilman Abe I. Daniels ventures into a new field. "I will do all I can to make Connellsville a great city," said Mr. Daniels, whose friends remembered him with floral pieces, which graced the Council table. Abe, as his friends know him familiarly, was assigned to the superintendcncy of public safety. There is much to do there if the office is properly managed. Councilman Paul II. Beighley was given a real job in the Department of Finance and Accounts, but one for which a business career has fitted him. Councilman B. M. Swartzwelder is assigned to the Department of Parks and Public Property, where he may, to a certain extent, rest on the laurels he won as the efliclent head of the finance department. The Buperintendency of the Department ot Streets and Public Improvements is left to x the one who shall be chosen to fill the vacancy caused by the failure of Dr. Earl C. Sherrick to qualify. By virtue of his office the Mayor is always head oE the Department of Public Affairs. Even in times of depression there is much for a live councilmanic body to do for the welfare of the city. May the one inaugurated Monday find time to map out a worthwhile program. : HE EUJLFIKLED HIS MISSION Judge .Thomas H. JHudson must have thrilled with pride as the venerable "Judge Edmund H. Reppert, under whom the "retiring jurist gre%v up in oilice, pronounced these words as Judge Hudson^completed his work on the Fayette county bench:- -" ' " -.; "Judge Hudson, you possess in great and unusual measure the respect and' esteem.' of those gathered here around you. Your learning, your unselfish devotion to your official duties, the-faithfulness-, ability and sound judgment that have distiriguished your judi'eial service, have won for you their warm" regard. But .In the years to come, when the incidents and details of this service have passed out of mind, there will still remain the indelible impression made by your gejnarous-thpughtfulness for the comfort and wel- fare'of others,-and"'that r best part,'of a good man's life, his little unremembered acts of kindness,' the by-product of your character.",,:: - ---- · - - There is nothing wo could say that would equal the foregoing. Judge Hudson at all times upheld the dignity of his office. He retires with the^knowledge that his 12 years on the'bench reflect credit on him and the "bar of which lie was a member: His .mission, in large measure, was to protect the innocent-from the transgressor. We believe he lived up to his calling. FRAKK HONAGHAX CASES CLOSED Signature^ of Judge Harry-H. Rqwand in Allegheny countyrcriminaV court Monday wrote-finis to the Frank'C. Monaghan SnurUer cases. ~The -court approved two-orders quashing chargesiagainst thc.jiine remaining defendants in the notorious Uniontown "ticcurrence." - The "disposition was made at-the Instance of.District Attorney. Andrew T.- Park, whose'authority^ came from Attorney General Charles J, Margiotti. It was admission-by the" Attorney General that- further prosecutions would be futile. Taxpayers of the county are gratified that it is all over and that they are thus spared further expense. It cos't close to ?100,000 to convict one of the original twelve defendants and finally close the prosecution. That one is now free by virtue of the order of Justice George W. Maxey of the Supreme Court, after he had served a part of his less than a year sentence. Whether justice has been done is for the public which followed the testimony to determine, each in his or her own mind. Volumes written as the sequel would not otherwise decide the question. A man convinced against his will Is of his own opinion still. That old saying holds good with the -Monaghan case. We are glivd the record has been closed. ANOTHER SHOTGUN WEDDING! IT LOOKS .1 AS IP ' ' Attorney General Admits Defeat in Monaghan Case In the Day's News Brlet Comment on Current Events Here and Tbere. Old Doctor Stork has been unusual- iy liberal with the Clyde E, Turncy family at South Connellsville -twenty-one children, among whom were three pairs of twins, the last one a New Year gift. Twenty ot the children arc living, all but two of whom are ot home. A Christm.'is dinner must be a real event for the Tumeys. High Cost of Living, too, must come in for a considerable share of attention. ' A big item in the cost of operating railroads is derailments, such as occurred on the Baltimore Ohio line near Stewarion Saturday night. Jt was a fast freight that piled up, nine cars leaving the rails. In addition to the annoyance o£ having the road tied up for many hours and the necessary dctouring of trains over another line, there is the damage to roadbed, equipment and loss on contents of cars to be figured. Not n very welcome New Year gift. Even wors,e than the sufferings of American soldiers in the Revolution arc those reported in dispatches from the battle front in Spain where "a heavy storm had covered the battlefield with three to four feet c£ alow," under which "were the bodies of thousands of men killed in action or, helplessly wounded, frozen to death in the near zero weather." Hardly could a more terrible picture of horrors of a useless war be painted. With the elevation of Ross S. Matthews to the Orphans Court bench his name disappears from a law firm of long standing In the city. It is to take on the name Higbce, Lewellyn and Higbce--E. C. Higbec, Charles I/. Lewcllyn, Donald M. Higbee and W. Brown Higbce--the lost two sons ot E, C. Since the firm first began practice here it had numerous names. Others associated from time to time with it'wcre the late William H. Brown, Judge H. S. Dumbauld and Bruce F. Sterling. L. T. Sherwood, 'Jr.,--Tom--whosn mother, Mrs. L.. T. Sherwood, pinned on him an eagle Scout badge during an investiture service at ihe Christian Church Sunday, is a six-footer, just about the height ot his dad. He was the tallest in Troop 8, towering above his scoutmaster, James M. Southard. Because Tom, a college student, was unable to come nomc during Scout Week in February it was arranged that he be decorated during his vacation. The year 1937 ended with relief rolls in Fayclte county mounting at an accelerated rate. Karl dc Schweinitz' tabulation shows, as of December J8, nearly 6,000 cases, representing more than 23,000 persons. The head of the household is listed as "case." At the same tima the embattled Assistance Secretary reported more Ih.in n half million on relief in the State. Greetings ot the reason to William R. Griffin (of Gary, W. Va.,) new chief clerk at the offices of the H. C. Fnck Coke Company at Scottdale. Mr. Griffin, who takes the place of the late E. Boyd Glasgow, is not a stranger to the coke region. He was in the employ of the Frick Interests for 29 years. From 1912 to the present year he was at the Standard plant, now in suspension. He was also at Hccla and Bufflngton. Endurance Locomotives In Use. MONTREAL, Jan. 4.--Thirty new semi-streamlined locomotives, put into service in the Canadian Pacific Railway will be capable of hauling long transcontinental trains more than 800 miles without a change of engine, according !o H. B. Bowcn, chief of motive power and lollins stock. As Others Think INVESTIGATION NEEDED (Washington Observer.) A young Washington man met iragic death early Christmas morning in West Chestnut .street when apparently struck down by an automobile and run over by at least two others, none of which stopped after striking him. The person who first found the man lying on the street reported he saw two automobiles pass over the prostrate form and continue on their way. It is possible that other machines had run over the Injured man before he was found. Officers who Investigated the accident said the night was misty, rain was falling and there was little light at the scene of the accident, just n few feet from the Pennsylvania Railroad crossing over the street. They also said the crossing Is very "bumpy," and expressed the opinion that due to poor visibility and the fact the rough crossing causes cars to bounce It was possible that the automobiles ran over the man without the drivers' being aware they had struck him. It is almost inconceivable that the drivers of three or more cars would all have fled the scene had they known they had struck the man. A much more reasonable conclusion would be that they simply were not aware their machines had struck anyone. As is entirely proper, police are endeavoring to find the drivers of the automobiles involved so that, if it is proven they knowingly struck the man and left him lying in the street, they may be brought to justice. They should be unrelenting In their search. At the same time city officials should make a thorough investigation to determine whether the condition of the crossing and lighting at the scene contributed to the ragcdy, for a human life has been lost and every step should be taken to prevent a repetition. It cannot be forced by the This point Is clearly set forth QUATRAINS Safety Zones, That courage everywhere survive:. Today is plainly shown By those who daily risk their lives Within the "jafcty zone." Paradox. We talk of peace a* year, BO by. And Mill, art inflnltum. Yet every school and college cry » "Fliht 'cm! Fight 'em! FiBlit 'cml" The Old Kxeu*e. "The best of men make mistakes," A poor excuse If any. Indifference counUcss blunders makes And watchfulncbji not many. A ^elf-made man I've never seen The very word success Implies the conqueror has been Assisted more or less. (The following was urlttcn Louis II. lmon. who abated In covering the Gundcrman and Sanute trials at Somcr- ct for The Courier, His articles- dcalv vilh Icual phases, «·» docs this one bcor- if! on the nolle pros) By LOUIS H. SIMONS Although the abrupt ending of the ·cmaining Monaghan cases by the entry of nolle prosequi (to be unsvlll- ng to proceed) docs not, in this cas,e, constitute tin acquittal, it Is generally conceded that the Commonwealth of 'ennsylvania, in effect, makes it a matter ot public record in this instance that its case against the several defendants was insufficient In law for the purpose of procuring a conviction. The utter futility ot further prosecution became glaringly apparent when the jury In the Rcilly case returned a quick verdict of acquittal after balloting only once in the course of its deliberations. A nolle proscqui is the voluntary withdrawal by the Attorney General or the district attorney of further proceedings upon a particular bill. Its effect is to annul the indictment. The entry of a nolle proscqui is not properly the act of the court, but of the Attorney General or the district attorney. But a nolle proscqui cannot be entered by the district attorney without the assent ot the proper court in writing first had and obtained. A nolle proscqui may be entered with the consent of the court, ogainsl one or more defendants leaving the indictment in force against the remaining defendants. The act must be the voluntary ac' of the district attorney, but may not be entered without the consent of the court, court. by the following which is related ot Sir John Holt, chief justice of the king's bench in the reigns of William and Anne: "There were some per- ions in London who pretended the power of foretelling future events and who were prophets.' Holt casion, committed one of these to prison, a disciple of his came to the chict justice's house, and desired to sec him. On being admitted, he said j 'I come from the Lord, who bade me desire thee to grant a nolle prosequ j for John Atkins, his servant, whom | thou hast thrown into prison.' 'Thou art a false prophet and lying knave, returned the chief justice. 'If the Lord had sent thce, it would have been to the attorney general; for the Lord knoweth that It is not In my power to grant a nolle prosequl.'" Ovcr-zcalousness on the part o: Mr. Margiotti in the presentation o: his case was perhaps the prlncipa reason for his ignominious failure in gaining the confidence of the tria judge in any ot the three cases tha' were tried. The Attorney General's flair for the dramatic and fantastic Is accountable in a great degree as a determining cause of his loss o prc.-,lige. This was evidenced by his contention thpt there were "missing papers" after the arrest of Monaghan that Reilly and Wall were lying in wait for Monaghan, even though i was generally known that the district atlo.-ney and his county detective were not armed that night, ant Margiotti's widely publicized state mcnts before each case came on foi trial. In the Sanute case, Jvistlci Maxey made this pertinent statcmcn in his charge: "A criminal accusation against a defendant must be supported by something more substantial than the vaguest suspicions and the wildes guesses." Concerning Margiotti's desperate efforts to make out a "torture" case, the court told the jury: "Why there should have been so much lime consumed in showing the exact location by feet and inches of the blood spots found on the wall and one on the ceiling of the Bcrtillon j loom, 10 feet oboe the floor, is something that I am at a loss to under- tand. When the Commonwealth xok such pains to prove the precise ocations of all these blood stains, I naturally assumed that it expected he Jury to infer that · Gunderman md Sanute took hold of Monaghan and threw him against the walls and ceiling, and that these spots resulted 'rm such violent treatment. As the evidence developed I found that such an inference would be absurd." Other parts ot the charge also unmistakably indicated the judge's im- . atiencc with the Attorney General's llogical inferences and improbable ^resumptions. On this point Harry W. Byrne, of the Fayette County Bar, his scholarly treatise, Pennsylvania criminal procedure, cites numerous Supreme Court cases to show that "it is the duty of the prosecuting attorney to present his case fairly, not make misstatcments of fact or oik for the drawing of unwarranted deductions, nor assert his personal opinion as to the guilt of the defendant." The consensus ot public opinion, however, was forcefully stated by the late John L. Cans in an editorial in The Courier on June 26, a brief excerpt of which reads as follows: "With rather more boastfulness than the average attorney employs upon assuming the prosecution of an important case, the Attorney General made 'public announcement of his purpose to take personal charge ot the prosecution and that he would seek the conviction ot all the persons against whom he had indictments drawn for presentation to the grand called the Trench having, upon oc- jury. In his trial ot the cases Attorney General Margiotti had at his command all the resources of his office, including testimony ot expert witnesses and other aids not available to the defense." About a c-uarter ot a century ago a New York prosecuting attorney was skyrocketed to the governorship of his state as the result of the notorious Lieutenant Becker case. Becker was convicted of murder and finally executed. But he did not take the witness stand, preferring to stand on his constitutional rights. If Mr. Margiotti-cvor entertained the hope that the defendants in the Monaghan case would not testify in their own behalf only he himself could say. Factographs There are more than 88,000,000 inhabitants in South America. i A survey by an Ohio State University professor indicates that business executives read fewer books and periodicals than any other group of employed persons. During the flrst halt of, 1937, U. S. railroads carried 246,997,59-1 passengers--an increase of 10,000,000 over the corresponding period ior 1936. The world's record codfish catch was brought into Seattle in 1935 by the schooner Sophie Christcnson. She carried 455,000 pounds. TOO MANY POTATOES, (Detroit News.) There is too much food in Michigan. Of course that is not saying that every one in Michigan has an ] abundance. But Michigan potatoes are good food. The associations of potato growers proclaim that proudly. And now it is agreed--by some farmers and Federal ofllcials--that there are too many potatoes. ,, So, just like the 6,000,000 little pigs that got in the way of progress a few years ago, the potatoes have to be sacrificed. An official of the United States Goveinment has made agreements with 8,000 Michigan farmers. The farmers arc to destroy or in some other way get rid of 709,854 bushels of good merchantable potatoes. The potatoes must not go to market. And the Government is going to spend about $107,000 to ease the consciences of the farmers who waste the food. Farm organizations often express their disapproval ot unscrupulous business interests that form combinations in restraint of trade for the purpose of keeping up prices. And the Government just recently h,is been studying the ways of business concerns with a view to bringing into court those who make such agreements. But, anyway, people who have been depending on Michigan's fine ·potato crop to keep down the cost of living this winter will need to revise budget estimates. lcnlores World's Trend. NEW YORK, Jan. 4.--Rt. Rev. Henry St. George Tucker, bishop of Virginia and presiding bishop of the Protestant Episcopal Church, deplored the modern world in which, he said, it was evident "how horrible the destruction may be where men allow their control of nature to be conducted by human ambitions." It was his inaugural address as temporal head of the church. i OKGANIZED '1890 Connellsville Pa. Condoned Statement, Dec. 31, 1937 .' ASSETS Bond and Securities $1,955,134.82 Loans and Discounts Overdrafts Banking House, Furniture and Fixtures Cash and Due from Banks Other Real Estate LIABILITIES Capital, Surplus and Undivided Profits Reserve for Contingencies Interest and Taxes Accrued and Unpaid Deposits Unpaid Dividends 927,419.79 .00 94,000.00' 620,171.22 28,477.14 $3,'625,202.97 $ 361,678.09 88,000.00 10,000.00 3,161,024.88 4,500.00 $3,625,202.97 MKJUJJiU F J i D K U A L IHil'OSIT IXSUKANCtt OOIU'OHATJOX L'MTJEI) STATES WEI'OSITOKY DIJREC'i'OKS: William J. Davidson David Wertheimer D. II. Hoi-ton Grant Dull Louis P. McCormick E. B. Zimmerman Alex B. Hood OFFICERS: Willaim J. Davidson, President Alex B. Hood, Vice President Grant Dull, Vice President H. P. Pore, Cashier J. C. WIIITELEY, Assistant Cashier y,

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