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TUESDAY,.' MATICTI 1, 1!)SS. THE DAILY COURIER, CONNELLSVILLE, PA. PAGE FIVE. S L A T E S F A I L OF ACCLAIM; NO HARMONY Pennsylvania Situation Is Regarded as Most Muddled One. LABOR BECOMES "FORGOTTEN MAN" Not only in Pennsylvania arc Democrats ranks being threatened by internal strife. The Keystone conflict is prooably the most outstanding, but the Nation over the ruling party is finding itself faced with choosing between ambitious members desiring elevation to the highest offices. In some instances there is division over the question of the Now Deal, but in. every picture is.at least one candidate who pledges himself to Rooseveltian allegiance, counting heavily on a continuance of the President's popularity. The Pennsylvania picture is not clarifying itself and every harmony effort has met with failure. Labor demanded that Lieutenant Governor Thomas Kennedy be endorsed as candidate for Governor but Charles Alvin Jones, Pittsburgh attorney, has been slated /or that post and despite a demand yesterday by the Philadelphia Record that he withdraw, the Western Pennsylvanian emphatically announced today he will not do so. Jones' endorsement has aroused the ire of John L. Lewis, leader o the United Mine Workers, and it als disappointed Senator Joseph Guffcy who had a keen desire to run for th office. The picture to the right show Kennedy, Guffey, Governor Earlc (who has been endorsed as the sena torial candidate), Luther Harr Philadelphia city treasurer-who wa backed by J. David Stern for th , gubernatorial- endorsement (it wa Stern who demanded that Jone withdraw), David L. Lawrence, part} Â· leader who sponsored Jones, and At torncy General Charles J. Margiott who has announced himself a:* a can didatc, even, though he lacks; slat PENNSYLVANIA SITUATION IN CONFUSED STATE JLlcut. Gov. Thomas Kcnncdyl support. Another marked split is in New York, where many previous New Deal supporters look coldly upon the insistence of President Roosevelt that Robert H. Jackson, solicitor general, be the slated candidate for the Democrat nomination for governor. There are many who insist George H. Lehman be returned for a fourth term but the Chief Executive has cooled in his attitude toward the governor since the latter spoke up so sharply against the "packed" court plan of the President. In Ohio the President is also taking a hand, having personally intervened in an attempt to persuade Senator Vic Donahey to run for the gubernatorial nomination to eliminate a contest between Governor Martin L. Davcy, anti-New Dealer, and Charles Sawyer, national committeeman. Sawyer expected Presidential support. Democrats fear n long drawn battle between Davey and Sawyer would defeat the Ohio Democratic ticket, including Senator Robert J. Bulkley, New Dealer up for reelection. The President also has thought of having his contact man with Congress, Charles West, return to Ohio to enter the primary contest. There nre bitter senatorial fights in Oklahoma, Iowa, Kentucky, Illinois. California, Ohio, Indiana and Florida. In the latter state there is a three-way battle. California also hns n gubernatorial bnttle. CONFUSION IN OHIO GOVERNOR RACE Kobert IT, Jnckson Cov. Mart In U Davcy Charles Sawyer D A Y A T C A P I T A L A S I N T E R P R E T E D BY DAVID LAWRENCE Continued from Page Four, from the unanimous Supreme Court opinion of 1936 in order to see how much on a parity radio stations and newspapers really are with respect to tax restrictions imposed on instrumentalities that disseminate knowledge to the public. The court saldr, "It is not intended by anything we have said to suggest that the owners of newspapers are immune from any of the ordinary forms of taxation for support of the government. But this is not an ordinary form of tax, but one single in kind, with a long history of hostile misuse against the freedom of the press. "The predominant purpose of the ' ^ grant of immunity here invoked was to preserve an unlramellcd press as a vital source of public information. The newspapers, magazines and other . journals of the country, it is safe to say, have shed more light on the public and business affairs of the Nation than any other instrumentality of publicity; and since informed public opinion is the most potent of all restraints upon misgovernment, ~, the suppression or abridgement of the publicity afforded by a free press cannot be regarded otherwise than with grave concern. "The tax here involved is bad not because it takes money from the pockets of the appellees. If 'that were all, a wholly Hiffcrcnt question would be presented. It is bad because, in the light of its history, and of its present setting, it is seen to be a deliberate and calculated device in the guise of a tax to limit the circulation of information to which the public is entitled by virtue of constitutional guaranties. A free press stands as one of the great interpreters between the government and the people. To allow it to. be fettered is to fetter ourselves. . . . "The form in which the lax is imposed is In itself suspicious. It is not measured or limited by the volume of advertisements. It is measured alone by the extent of the circulation of the publication in which the advertisements are car^ ricd, with the plain purpose of penal- Â·' izing the publishers and curtailing their circulation of a sclecled group of newspapers." Government ofllcials sponsoring the radio tax idea will, of course, deny that they have any intention of limiting the circulation of large broadcasting stations. It is not especially relevant just what their purposes arc because, after nil, every ... destructive tax ever imposed was 1 always first suggested us a "revenue producing" levy. Graduated laxcs on bigness as such have been upheld Â· by the Supreme Court when levied on chain stores, but can sucli fixes also be imposed on instruments of transmitting knowledge to the public? This is the real issue, and, if the press and the radio are on all fours as means of disseminating knowledge, then it would seem the imposition of the radio tax could be restrained by court action. Unfortunately, on other occasions, the National Broadcasting Company, by its own public statements, has tactlessly conrcdtd that it construes the radio law to mean that the Federal Communications Commission has broad rights over broadcasting itself, derived from the wording of the act which refers to regulation in the -, "public interest, convenience nnd .Jicccs-Mty." Such a view has been ''Â·Â·ngcd by competent lawyers familiar with broadcasting law Â«ho;u/' ftmon LI 3 [/a Raffar insist that the regulatory power had) "UIIICII I'lOrvC UCIIGI by the F. C. C. is merely to allocate " " wave lengths nnd regulate the mechanical side of broadcasting and that, cxcsept for the general laws governing libel and obscene publication, the government has nothing to say about whether any program is "in the public interest" or where it meets the specification of "public convenience or necessity." Some day, the radio industry will become awakened to the danger it has run of allowing itself to bo considered in a special class just because it gets some mechanical facilities from the Government. Analogous facilities have been granted to other forms of communication, such as publishers who use second class mail, yet his has not in any way increased the Federal regulatory power over the actual user of such facilities. Taxation is an easy device with which to destroy a free press and a free radio. Officials of the Federal Communications Commission nonchalantly say the tax on radio stations can easily be passed on to the advertisers and hence ultimately lo the consuming public. But the question of degree is covered by the words of the Supreme Court of the United States in the Louisiana tax case: "Its effect (the tax) is to curtail the amount of revenue realized from advertising, and, second its direct tendency is to restrict circulation. This is plain enough when we consider that, if it were increased to a high degree, it well might result in destroying both advertising and circulation." Once granted that the Congress has the power to levy a graduated tax based on the size or transmission range of a broadcasting station, the opportunity is given to the government to destroy the economic livelihood of such stations whenever speeches or news items broadcast from such large stations happen to displease the party in power. It will Executives Than Men, Research indicates NEW YORK, March 1.--Women make better executives than men, according to scientific experiments announced by Johnson O'Connor, director of the human engineering laboratory at Stevens Institute of Technology. Case studies o! 20.000 person* were presented to support the view. He said: "When we measure by aptitude tests two groups of executives of roughly comparable ranges--i group of men and a group of women-women executives as a group score immeasureably higher than men." Germany Abolishes Military Age Limit By United Prcsj. BERLIN, March 1. -- Germany abolished the age limit for military service of retired, regular and reserve officers under a decree issued by the supreme command of the armed forces. As a rsult of the decree, retired officers are liable to military service as long as they fulfill medical requirements regardless of age. The age limit for military service generally been 45 years. bo argued that the Federal Government, by its right to issue or revoke licenses, already can punish individual stations, but here again there has been no clear case brought before the Supreme Court of the United States that in any way sanctions such arbitrary use of a discretionary power which was originally aimed at mechanical allocation of wave lengths rather than program content. Judge Describes Plight Of Man Over 40 as "Pathetic' By United Press. PHILADELPHIA, Mar. 1.--The plight of the man over -10 looking for a Job was written into Federal district court opnlon as "pathetic" by Judge Oliver B. Dickinson. The ruling was given on the petition of 32 veteran clerical employes of the Pennsylvania Rnilrond who were furloughed last December nftcr serving the company from 21 to 46 years. They were dropped to the bottom of the seniority roll by an arbitration board because they wore shifted through several departments during their years of service. They asked reinstatement and full seniority rating. Judge Dickinson refused to grant their petition without a full hearing of the case. Likewise, he refused to grant the company's petition for dismissal of the suit on the ground the court was without jurisdiction. "Modern methods of our industrial life have brought It about," said Judge Dickinson, "that industrial activities have become centered and concentrated in large combination's so that Uio individual employe who has accepted employment with cne of them nnd who continues in the employment for any length of time must dovotc himself to that service. "This is as inexorable as if he had bccc sentenced for life to that rcla- tfon. "This is because after years of service ho becomes unfitted for employment elsewhere and especially because after he hns reached the age of 40 he cannot secure such employment. "This truth makes pathetic the statement in this bill that 'pit intiffs have no oilier vocation, profession cr means of livelihood than that which they have for years been following' and that their average Is now about 54'years." James Bailey Named Grand Jury Foreman Special to The Courier. UNIONTOWN, March 1.--At the opening of the grand jury session Monday, James Bailey of Fair- chnnce was appointed foreman. Judge H. S. Dumbauld presided and Rave a routine charge, emphasizing the fact that organized crime will receive no encouragement from the Fayettc county courts. "Crime is one of the most costly elements of our government. Crime costs Fayettc county, Pennsylvania and the Nation more than the amount expended for education," the court told the March grand jurors. May Legalize Mailing Of Wine, Liquor Samples By United Press. WASHINGTON, March 1.--The House passed and sent to the Senate a bill to legalize the mailing of small samples of wines and liquors. Benswanger Takes First Pirate Group To Camp Tomorrow PITTSBURGH, Mar. 1.--President William E. Benswanger will be in charge of the first group of Pittsburgh Pirates leaving here Wednesday for their San Bernardino, Calif., training camp. Pitchers Russ Bauer.i and Mace Brown, Scout Bill Hinchman, and Assistant Trainer George Aston, and two rookie pitchers will start from Pittsburgh. They will be joined by other players and coaches at Chicago and Omahn while seven pitchers will go direct to the training camp from their homes. ! First practice session is scheduled for next Saturday with the pitchers Â»nd catchers working out. The outfielders and inficlders will reach camp March 12, one week later. ATTORNEY CITED FOR DISBARMENT, CHARGE DENIED Selects Wcddlnir Date. NEW YORK, March 1. Only child of Secretary of Labor Frances Perkins and Paul Wilson ot Washington, Miss Susanna Wilson's marriage to David Hare will take place March 12 in New York City. Secretary Perkins throughout her public life has retained her maiden name. Two Sets of Twins in a Year in This Family! HARRISBURG, March 1.--David H. Weiner, Washington county solicitor, was cited to the Pennsylvania Bar Association for disbarment on grunds of unethical and Illegal practices by Attorney General Charles J. Margiotti. Margiotti charged Weiner de- lauded William E. Hall, a blind Canonsburg taproom operator, of several hundred dollars on the pretext of using the money to obtain for his client n malt beverage license. At Washington, Weiner charged 'the whole story is false.' I have never received money from Hall a1 any time for any license. I told liquor board ngcnts that two or three months ago." Weiner, an active Democrat, unsuccessfully sought Democratic nomination of register of wills in Waash- ington county two years ago and then was named solicitor by the Democratic majority of the board of commissioners. Param.ou.nts Take Thriller From Millers Jackie Kline's thrilling last minute ,wo-pointer from the center of the court coupled with Tommy Conway's charity toss gave the Paramount Juniors a victory over a towering and determined Phy-Mo-Me team from the Scottdalc Y. M. C. A., 27-26. - T h e game was played as the preliminary o Ihe Westinghouse-Casey; clnsh. By virtue of the win the theatre lads chalked up No. 24 on the right side of the ledger as against five reversals. Robinson was also on for ;he locals getting six points while Vallence was outstanding for the Millers hitting the hoop for 10 tallies. The line-ups: Phy-Mo-Me .Fretls, f Harris, f -Vallence, ,e Jarrctl, g Lewis, g _ G. 1 3 4 0 . 2 F. Fix. 3 K Â· 30 1 6 Totals 10 6 26 Non-scoring substitute--Mulroy. Paramount Jrs. G. P. Pts. Conway, f 2 Stone, f 1 Hoover, c 1 Kline, g Robinson, g' -Jones, f Fortncy, f 2 3 1 . 2 Totals ..._ 12 3 27 Non-scoring substitute--Lopes. Score by quarters: Phy-Mo-Me .6 0 4 7--26 Paramount Jrs 0 9 6 12--27' Referee--Tom Logan. Arm Never Grew Tired. CHESTERTOWN, Md., March 1.-A man who drrove 16 tons of horseshoe nails with 17,500,000 hammer blows has retired. He is William E. Ringgold, for 57 years blacksmith for this section of the eastern shore.-An assistant will carry on. David Milter's Funeral. MOUNT PLEASANT, March 1.. The funeral service for David McCarl Miller, 77 years old, who died Thursday night at the home of his daughter, Mrs. Hurry Ellenbergcr of- Fairfield township, as a - result of apoplexy, was held Saturday afternoon at Zioii Evangelical Church with Rev. J. M. Miller in charge. Interment was made in Zion Cemetery. He is survived-by the following children: Mrs. Jacob Young of Alverton; Mrs. Ellenberger of Fairfield town-r. ship and Lawrence J. Miller of LaiiRhlintown. Seventeen .grandchildren, 11 great-grandchildren and the following brothers and sisters also survive: Mrs. Belle Smitley of Ligonier township, Mrs. William ShalTer- of Cook township, Mrs. John Ituslirmiri of Connellsville, Mrs. Charles II. Palmer oT Ligonier, Mrs. Iliinry Hunger of Donegal township, John V. Miller and James M. Miller, both of Ligonier township. His wife and one dimnhu-r preceded him in death. ITM] Jack Gikrvcy with flol sot Two sets of twin. 1 ! in this Provirimoe, K. I-, family in otto yr;ir! At Irft, we KCC Jack Gurvey, 23-ycnr-oM salesman, at a relative':* homr fc Craoolon. R. L. araarvaidac the carÂ« of tho older twina, John. icii. Mrs. Gurvi'y tvilh sponntl wl and (.ioiT.y, horn liul .March -. At the right, wr .we A!re-. 'J.T.-yry, a3.Â«TO 23. with her .-loconrl .sot of twins within a. year, a. boy and a girl, fca a Providence hospital. Cow With Twin Complex. PUGF.T SOUND, March 1.--Milk isn't the only thing produced by a row ownud by Frank Swanson, dniry- m:in. The cow has given birth to four .*ct* Â«[ Iwin ralves during the p;i5t four years. AH oC the calvc.s were normal. Hating* or Cooking APPLES,10lb.19c;liu.65c California or Florida ORANGES - each 1c ge Tloridu Â· Â· ' Â· GRAPEFRUIT 6 f o r 2 5 c Buy Now ONION SETS 5 lb.25c. I'uncy Ripe TOMATOES 2lb.19c Well nlcachcd CELERY 2 stalks 9c ENDIVE ( . 3 Ib. 25c ESCAROLE '3 Ib. 25c SPINACH Ib. 5c FRUIT MARKET JS7 W. Crawford Avc.