The Boston Globe from Boston, Massachusetts on March 16, 1927 · 1
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The Boston Globe from Boston, Massachusetts · 1

Boston, Massachusetts
Issue Date:
Wednesday, March 16, 1927
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J READ Tb Beal Estate adrt In today Globe. To Sell or Rent City, Country or Sea-chore Property, advertise in tba Clole. lore READ Tbe Automobile advts In tedsy's Globa. To Sell New or Used Automobile, Tire, Trucks and Accessories, u the Globe. Keg- t S- Off. i tr ot. rxi f 75 Entered as neond Him mall matter at Bouton. Mata.. uimW tbe of March 3, J&7& -242 Vashmiton fct. BOSTON, WEDNESDAY MORNING, MARCH 16, 1927TIlIRTY-TWO PAGES COPYRIGHT, 1127. BT THE GLOBE NEWSPAPER CO. (2) TWO CENTS eat BATTLES PRINCIPAL . OF LYNN SCHOOL Peloquin Says Whipping More Than He Deserved POLITE THIEF : GETS 8 YEARS OLDEST BOOTLEGGER, 6. PAYS FINE OF $50 Somerville Man, With Flowing White Beard, Totters Into Court Middlesex Prosecutor Tells Judge He Thinks Goldberg Is Taking the Rap FORD TO TAKE STAND IN $1,000,000 SUIT pix Men and Six Women Chosen for Jury Attorney for Sapiro Outlines Case in Libel Action DETROIT. March 13 (A. P.) fTcnry Ford will take the witness Hand Monday In the $1,000,900 libel tuit fled against him ly Aaron Sapiro of ChicagoLhganizer of cooperative marketing associations, who claims his reputation was ln-Jr-ed by articles appearing In r ri'B publication. The Dearborn Jsd- pendent. This was decided at a conference tf counsel for both sides today after a j try had been sworn in before J u ize Fred M. Raymond of the Ur. ted Mates District Court. lord will appear as a witness for Faplro, counsel for the plalntifT. who d-Dred they suopeuaed him, have enounced. The manufacturer will be ia the unique position of testify-lor against himself, but will benefit ty the Federal Court rule which pro-M i s counsel to Impeach the testi-t "f.y of Its own witnesses, i'.t women and six men parried attorneys and the judge In the I.37 inarble-walled courtroom and e. impeded in being chosen to sit as J.rers In what promises to be a profited trial. No alibis were forth-ctr.-Jng as to business duties. Illness 1 1 he family or prejudices. It was of vious all wished to serre. Quizzed by Senator Reed , Carefully, the white-haired United States Senator from Missouri. James A. Reed, appearing for Ford, questioned the veniremen to bring out pos-a.bihties of prejudice, religion or unfavorable fraternal alliances. One man was excused after he informed the court he bad been a member of the Ku KIux Klan, although he had never ben active and two members of the Jewt.-h race were excused. tVitliam Henry Gallagher, Attorney for Sapiro, began his opening plea otter the jury had been sworn In. He declared the right of free speech was open to all, but when a publication injured the good character and reputation of an individual it w'as to be re-girded as a menace. ft was important, he said, to take ia'o consideration the motives behind the article, whether the heart was tn the right place or malice and ill will Were involved. The phraseology nd Continued on the Fourth Page. DUMB-BELLS T k TELCPHONE SCRVC 'V JOHM U)C MTf AS CUGU. HA we -1HTmM6 TAMN OUTst CAUCD NOO THRCTlMCSlN Five MiNUTCS AND -YOU UJERC t OUT ACV -Tl ME ! a .Iff toll out in many places tut Sunday. Order next Sun-di js Globe in ad ranee from your nrtctdraler or netesboy. CRAFTSMEN-AT-WORK Abe Lmi Evhibllloa of Old Coverlets Horticultural Hall, Boston Kirch 15-19, 11 A. M.-6 P. M. GAINING EACH WEEK More Want and Classified advts are appearing n the Globe each week. Help us out by ordering your ant and Classified advts for the Daily and bunday Globe as far in advance of the date of publication as is possible. YOU USE THE BEST MEDIUM when you advertise in the Globe. Advise your neighbors, to read and us'C the Glob? s advertising columns. City Property For Safe? Country Property For Sale? Seashore Property For Sale? Advertise in the Real Estate columns of the Daily and Sunday Globe. If out of town, mail your Poultry and Tiffeon Farm and Garden, Automobile, Business Chances and Real Estate advts for next Sundays Globe toda. Tottering along with the aid of a cane, his age-dimmed eyes turned appealingly toward the judges bench, Barrett Goldberg of Somerville, 96-year-oid bootlegger, probably the -oldest defendant ever arraigned In the Middlesex Superior Criminal Court, stepped to the prisoners bar yesterday afternoon and in a quavering voice entered pleas of guilty to charges of illegally selling liquor and of keeping and exposing liquor for sale. A flowing white beard, reaching almost to the patriarchs waist, bobbed In agitated manner as the nonagenarian made apparent efforts to control his emotions. Asst Dlst Atty Frederick A. Crafts, addressing the court, said that, although the dendant had pleaded guilty, he (attorney Crafts), felt that the old men was taking the rap for somebody else. It was brought out that the defendant lives with relatives. Attorney Crafts said that he could not Continued on the Sixttli Page. TODAYS GLOBE CONTENTS Page 1. Tie vote in Massachusetts House of Representatives prevents referendum Modified Baumes law before Massachusetts Legislature. Oldest bootlegger. 96. fined In Middlesex Superior Court. for selling liquor in Somerville. Henry Ford to take stand Monday in trial of 51,000,000 libel suit filed against him by Aaron Sapiro; jury of six men and six women selected. Herman B. Weltz. Gentleman Robber sentenced to eight years in Concord Reformatory. Boy hurls flower pot and chair at principal Arthur P. Driggs of Shepard Grammar School, Lynn, when about to be whipped for playing hookey. Innocence of Lieut Becker, executed with four others for murder of Herman Rosenthal 12 years ago. said to be established in papers in possession of Ex-Commissioner of Accounts Klein. Award of D. S. M. to Col Roosevelt five years ago revealed in order to Army -Reserves. Public Utilities Commission allows the Boston & Maine Railroad to abandon passenger stations at East Cambridge, Prospect Hill, North Cambridge. West Somerville and Somerville Highlands. Norman H. White files petition in bankruptcy, also pleads not guilty of larceny of $174,000 from Suffolk banks. Benjamin F. Smith, one of New Englands richest men, is dead. France will decline to send even an observer to the Three-Power Naval conference. Will Rogers dispatch. . Page t. Sinclair contempt of the Senate case to go to jury stripped of its legal technicalities. Fireman of steamer San Benito rescued from drowning. Man held In Seattle on Boston charge in connection with auto theft. Aged man killed by train at Chelsea. Medford man fatally injured in fall on stairs. Womans cries foil two pocketboolr snatchers in Cambridge. Page 4. Nicaraguan Conservative forces defeated at Muy Muy in battle in whi;h 200 are reported killed. Page 5. Style parade brings some of fashions latest fancies for Boston inspection. Plans completed for Evacuation Day parade in South Boston tomorrow; Asst Secretary of War McNider to be speaker at banquet. Norma L. Ehrenzeller seeks nullification of her marriage to Donald MacGregor. Prof H. H. Tweedy of Yale will be guest of Mt Vernon Church and speak at Technology Christian Association March 17 to 20. Page 6. Warm weather predicted for next two days. Snows block the passes to Weepah new scene of latest gold strike. Page 7. Frank J. Sokolski sentenced to serve five years in reformatory for Somerville store robbery. William Marconi upheld by shareholders of Marconi Wireless Telegraph Company after he threatens to quit the concern. Mary Cabell. 15, glad to go home with her father after wanderlust made her go to the Adlrondacks. Men of sch Jessie G. Noyes being cared for In New York. Disagreement as to Number of Boy's Absences LYNN, March 15 I dont see why I should get 100 cracks with a rattan when 25 cracks was all that was coming to me! , This is the contention of 15-year-old Edgar Peloquin, son of Mr and Mrs Joseph Peloquin of 28 Stickney st, pu- EDGAR PELOQUIN pil at the Shepard Grammar School, who hurled a chair and a flower pot at the principal, Arthur P. Driggs, this morning, when the latter attempted to chastise him for repeated absences from school. The principal and the boy do not agree at all about the number of these absences, the boy insisting he had only played hookey three times, while the principal contends the school records show he was absent 20 times, only three of which were legitimate. Continued on the Eighth Page. TODAYS GLOBE CONTENTS Page 7. Burglar, locked in bathroom, makes his escape by duoppir.g down an air shaft. Commissioner of Insurance Monk 6ays non-resident motorists may operate on liability policy or bond for period of three months. Rosalie Jones, heiress to 1 $5,000,000, a noted feminist, becomes bride of Senator Dill of Spokane. Yellow Cab drivers guaranteed wage dropped 50 cents a day. Will H. Hays, film Czar, gives lecture at Harvard in appreciation of the universitys decision to make a permanent motion picture collection. , Page 8. Two Harvard, 1922, men named Assistant Attorneys General. Three prisoners brought from Western cities to face charges here. State's attorney brands as bunk story that Leopold planned jail delivery at Joliet, 111, State Prison. Page 9. Missionary centers in Greater Boston receive reassuring messages from China regarding conditions at Nanking. Editor found guilty of blasphemy by jury at Toronto. Edward R. Tuck, Dartmouth graduate. elevated in French Legion of Honor. Tage 10. Miss Edna Waible weds E. Rudolph Stern on deck of the Hamburg-American liner Cleveland. Two men held by Revere police on charges of assault with intent to rob. Attorney James OKeefe files a motion for a new trial for William Haggerty, convicted in the Harrakieh robbery case. Port of Boston news. Page 11. Northeastern freshmen defeat sophomores In annual rush. Ineohhe tax rush keeps Federal clerks busy on last day. Cambridge trip yepense likely to go to court. Trial of f Westport rum smuggling cases continues. Page 12. Davis Cup entry closes with 25 Nations represented in the competition. Eight survive in women's national indoor tennis singles. Parker W. Whittemore, Brookline, holds his lead in Tin Whistle title golf tourney. -'Bowling faoores. , Page 13. Boston Bruins defeat Blackhawks In overtime hockey game in Chicago, 2-1. Ed Wachter. Harvard basket-ball coach, names three Dartmouth players on Ail-Opponents five. Plans 'for hockey title series. John Connor appointed baseball coach at Brookline High School. Page II. Boston University baseball squad of 60 reports for first outdoor drill. Harvard varsity inilelders get first outdoor practice on freshman diamond. Upset staged in handball tournament at Detroit. Oxford girls victorious over Cambridge rivals in crew race. Page 15. Pres Bob Quinn of the Red Sox leaves New Orleans for home satisfied his team looks very much better than last year." Braves lose to Yankees, 6 to 5. Giants are to train at Sarasota, Fla for the next three years. Jacques Fournier of the Braves will appear in Sarasota today to answer to the charge of assaulting an officer Ih the exercise of his duties and resisting civil process. Amateur boxers finish up title tourney here tonight. Page 16. Senate kills woman juror bill. New route proposed for bridge over the Charles. Page 17. Fear that cut of 30,000 . men in strength of Army would be necessary because of Congress' failure to act relieved by President's decision. Driver loses insurance under new law for accident Jan 1. Two carkads of live oak reach Navy Yard from Pensacola for restoration of Old Ironsides. Five men injured when truck and auto collide on Newburyport Turnpike. Funeral services for Albert N. Par-lin of Brookline will be held in Everett Friday. Page 18. "The Newest Woman, by Uncle Dudley. There Is . Tide "Ask Me Another. It Seems to Me, by Heywood Broun. rage 19. The Trees of New England, by John XL Lovell. i a Good Manners No Excuse For Crime, Judge Says Weltz Gentleman Robber, Pleids Guilty of Holdups It is dangerous to let anyone get the idea that good manners are an excuse for crime, was the comment of Judge Frederick Fosdick in Suffolk Superior Court yesterday afternoon as he imposed a sentence of eight years in the Massachusetts Reformatory at Concord on the very gentlemanly Gentleman Robber,1 Herman B. Weltz. who had pleaded guilty to indictments charging him with robbery. It was not difficult to understand how Weltz earned the cognomen, the Gentleman Robber. Neatly dressed in a blue suit, white golf shirt and conservative tie, speaking in soft tones, with the accent of a Westerner, with a little catch in his voice as he pleaded for leniency, his language and deference to every query marked him as not of the usual type of holdup man. But in a statement to the Pro- Continued on the Sixtih Page. TODAYS GLOBE CONTENTS Page 19. . New Federal Radio Commission renews all ship and amateur licenses and notifies broadcasting stations to make application for permits; hearings begin March 29. Page 20. Comic Strips. The Globes cross-word puzzle. Page 21. Household Department. . ' Dont Forget to Write to Mother, by Dorothy Dlx. Tage 22. Household Department. . Sonia, by Vida Hurst. The Adjustable Conscience, by Sophie Loeb. Page 23. Household Department. The White Circle, by Carroll John Daly. Teepee Tales, by El Comancho. Tage 24. 1 Joseph Marcino who has finished his sentence at Atlanta will fight being brought to Massachusetts. Massachu setts Daughters of the American Revolution are in conventior. here. . - Mayor Nichols in radio talk says his critics on the $13.50 tax limit propose violation of law. Story of the Constitution-Guerriere battle told as one of crew might have told it. . Wise Crackers rob taxi driver on State Hospital grounds. Prof Troxell at Trinity Colkge describes 4,000,000 years evolution of the horse. Night air mail service from Boston Is inaugurated. Charles M. Schwab returns from Europe optimistic concerning outlook in this country. Two South Boston children injured by autos. Page 25. American Government starts inquiry on Chinese attack on destroyer Preble in Yangtse River. Funeral services held for Joseph Carleton. Patrolman William T. Desmond wins first honors in police pistol competition. Institute of Public Service opens tonight. Seven men of crew arrested after British liquor) schooner Vinces is damaged by shot from Coast Guard cutter. Page 26. Selling movement appears in New York market. Page 27. Commercial and financial news. Page 28. At least one-third of holders of Second Liberty Loan bonds accept new Treasury notes in exchange for them; United States Treasurys turnover for day. reaches billions. Nevada Senate rescinds its earlier action in rejecting bill to legalize wide-open gambling. Page 32. Melville D. Liming assumes his duties as general secretary of Boston Chamber of Commerce. Three men held, fourth freed, in fake Boston holdup plot case. Senator Borah to argue for enforcement or repeal, in prohibition debate with Dr Butler in this city. Body found on Cape Cod shore believed that of member of crew of ill fated schooner Montclair. Three jury trials completed and sentences passed within hotff in Middlesex Superior Court. fj Peter Christos of Gardner, Mass, believed to have shot Mrs Fay McCloud at Montpelier, Vt, and then to have attempted suicide. THE WEATHER Forecast for Boston and. Vicinity: Fair and slightly warmer Wednesday and Thursday; Moderate northwest and west winds, becom- m, ing gentle and va- 0 viable. Washington Forecast for Southern New England: Fair Wednesday and Thursday, slightly warmer in western portion Thursday. The Temperature Yesterday at Thompsons Spa 3 a na, 49; 6 am, 46; 9 am, 50; 12 m, 58; 3 pm, 63; 6 pm, 61; 9 p m, 57; 12 mid, 51. Average temperature yesterday, 54 7-24. THE WEATHER ELSEWHERE -Temperature, High Boston 3 an Francisco f.B Wiiliaton 38 St Paul iS St Louis ............ SS Chicago t3 Nantucket ... T8 Portland. Ms ....... 53 Eaatport ..t.,,...., 30 New York .......... 00 Washington 66 Jacksonville 73 8PM Weather 56 54 86 ; 2 55 42 43 46 53 56 Clear Clear Snow Cloudy Clear Clear Clear Clear Clear Clear Clear 63 PI Cloud HERMAN B. WELTZ Gentleman Robber, Sentenced Yesterday to Serve Eight Years in Concord Reformatory if. H. WHITE GOES INTO BANKRUPTCY . Contingent Debts of Publisher $1,200,000 Assets About $100,000 Pleads Not Guilty ot $474,000 Larcenies Nonman H. White, publisher and bookbinder, who was indicted by the Suffolk Grand Jury Monday and arraigned yestesrday in court charged with larceny, filed during the day, through his attorneys, a petition In bankruptcy. The total known direct liabilities are set at $18,250 and contingent liabilities at $1,200,000. The total assets will probably not exceed $100,000. Schedules will be filed within the stipulated 10 days. With this last move Mr White1 Joins his two companies. Small, Maynard & Oo and the Boston Bookbinding Company, in the bankruptcy court. They filed voluntary petitions of bankruptcy in the Federal Bankruptcy Court the first of March. No schedules have yet been filed. Pleads Not Guilty White pleaded not guilty to the eight indictments charging larceny of $471,- Continued on the Sixtfli Page. FRANCE DECLINES SECOND INVITATION t . Not to Have Even Observer at Naval Conference PARIS, March 15 (A. P.) A declination by France to be represented even by an observer at the forthcoming Three-Power Naval conference is understood to have been the decision of the Poincare Cabinet- at a long discussion today on President Coolidges invitation that France be represented in "some manner. 1 The Idea ot sending an "observer at first met a certain amount of favor, but serious objections, raised by expert official circles, are understood to have led to its abandonment. It was pointed out that a French observer would be placed in a difficult dilemma. If he were to keep strictly 'to his role he would be obliged to allow arguments against Frances Naval defence policy to go unanswered, and this, it was felt, would have the appearance of making him, by his silence, seem to subscribe to views contrary to French official doctrines. On the other hand, if he should be Continued on the Sixtih Page. Will Rogers Dispatch (Special to Boston Clobe Copyright. 1927) SACRAMENTO, Calif, March 15 Just addressed the Califor nia State Legislature and helped them pass a bill to form a lawyers association to regulate their conduct. Personally, I dont think you can make a lawyer honest by an act of the Legislature. Youve got to work on his conscience, and his lack of consceince is what makes him a lawyer. Met the Governor. He tried to sell me a lot, so California has a typical Californian as Governor. Evangelist among State Legislatures, WILL ROGERS. P. S. Tomorrow J invade 1 Nevada, and get to Weepah, Speaker Hull Blocks Referendum Bill By Voting Against It With Count 118 to 117 For Its Passage Last Moments Are Like the Finish of Ball Game All But Four Cast Ballots Scene Recalls 1872 LAST OF FOUR FAMOUS SMITH BROS IS BEAD , i Benjamin F. Smith Reputed to Have Been One of New Englands Richest Men BECKER INNOCENT, HACKENBURG SAYS Claims Documentary Proof ' Held by Klein New York Police Lieutenant One of Five Executed for Rosenthal Murder ALBANY, N Y, March 15 (A. P.)-Existence of complete legal proof of the innocence of former Police Lieut Charles Becker, who was electrocuted 12 years ago for complicity In the murder of Herman Rosenthal, was announced today by Assemblyman FrederickL. Hackenburg, Democrat of New York. The Hackenburg statement was made just before' the convening of a hearing on the Walsh-Hackenburg anti-death penalty bills. Hackenburg said that he was authorized by Henry II. Klein, former Commissioner of Accounts, New York city, to declare that Klein has in hia Continued on the Fourth Page. ROOSEVELT D. S. M. AWARD REVEALED Secret Five Years at His Own Request WASHINGTON, March 15 1A. P.)-An obscure order to Army Reserves, just issued, has disclosed the award of the Distinguished Service Medal to Lieut Col Theodore Roosevelt for his war services in France. Unwillingness of Col Roosevelt to havfe the medal conferred upon him during his tenure of office as Assistant Secretary of the Navy held up announcement of the award for nearly five years. The order disclosing the decoration gave no explanation as to why the announcement had been withheld, but it was learned thatCol Roosevelt requested the late Secretary Weeks to defer it until such time as Roosevelt should be no longer in the -Government service. The fact that the medal itself -was still awaiting delivery to Col Roosevelt came to the attention of Secretary Davis of the War Department seveial weeks ago. He communicated with Cj! Roosevelt to arrange a presentation, but the New Yorker replied that he did not desire any formalities and the medal was sent by mail. The citation said the medal was awarded for distinguished services of exceptional merit overseas with the 26th Infantry Regiment of the First Division. He showed consistent gallantry, conspicuous energy and marked ef-flciencysin operations around Cautigny, Sotssons and during the Meuse-Ar-gonne Offensive, the citation read. He contributed materially to the success of the 26th Infantry and the First Dfvislon. CROSS-WORD PUZZLE PAGE 20 RADIO PROGRAMS PACE 19 . , 'rjr JOHN C, mLTj Speaker ot the House Benjamin F. Smith, one of the 29 richest men- in New England, died ot his home, 21 Commonwealth av, late Monday afternoon following an illness of slightly less than three months. Mr Smith, who lias been living with his daughter. Mrs J. M. Baldridge, for some time, suffered a shock Christmas eve. He suffered a relapse Monday and passed away in the afternoon. He would have been 98 years old April 2. Until last Christmas, when his health suddenly broke down, ho was quite active In public affairs and business activities. Mr Smith spent his Summers at his estate, Warrenton, halfway between Rockland and Roekport, Me, and his Winters In Boston or New York. Mr Smith is survived by his daughter, Mrs J. M. Baldridge; threo grandsons, Clifford Smith, Grafton Smith and Dudley Wolfe, and a granddaughter, Mrs Edward F. Rochester. Four Famous Brothers Benjamin F. Smith, the last survivor ot the four famous Smith Brothers, was generally estimated to bo worth $30,000,000 or more. The four brothers accumulated a fortune estimated at $50,000,000. The four brothers were: Francis, Continued on the H(hlh !(. FIVE B. & M, STATIONS WILL BE ABANDONED Located in Cambridge and Somerville Move Requited Because of New 54,000,000 Freight Terminal The Public Utilities Commission yesterday approved petitions of the Boa-ton & Maine Railroad for abandonment of its East Cambridge and Prospect Hill stations In Cambridge and Somerville and Yor discontinuance of passenger train service at North Cambridge, West Somerville and Somerville Highlands stations. The commission dismissed the p'etl-tion of patrons protesting against the discontinuance of service at the East Cambridge station. Due to New Terminal Of the abandonment of the East Cambridge and Prospect Hill stations the commission says: The petition grows out of the proposed establishment of a unified delivery and receiving freight terminal in Boston. It Is contemplated at this freight terminal to handle all less-than-carload freight and as much of the bulk freight as properly can be handled. The purpose of the terminal la to concentrate in one location the freight business now done at three. This will effect very substantia! economies in operation to the railroad and will, at the same time, reault In economy to the shippers, as it will n, able them to receive and deliver all their freight at one point. The loca-tlon of this terminal was determined upon after studies by the railroad and by a board of expert railroad engineers. The plan contemplates the diversion of the present Southern Division main line track through the old McLean Asylum grounds thua eliminating all movement of passenger trains through the area to be occupied Continued on tho Eighth Page, House Gallery Cheers Him Large Crowd Gears faro Gabala Nullification Cry Raised by Drys Reconsideralion Move Today Twolfe By L. D. G. BENTLEY A "no vote cast by SpeuUi r John C. Hull of tlio JUaHhucliusctts Iknis of Representatives jenlcrduy utter noon eHtubllhlied a lie and preu nled the passage of llio hill to rMaldlsll tli o will of tho people of MdHHochu-setts With reference In Die repeal of the 18th amendment to lie CmiMlUi-tlon of tho United States," The roll-call was 1 IS to 118. Only f ,njr of the 240 Representatives were nut recorded. It w-as a tenso niomint, Uwry member was In his went. M ny Senators had goup over to ( what was going to happen Jn l ho IIoiim Tli public galleries were crowded Not every member who vote,! (n-pponded at tho firm cull of tho loll. As Is customary, thoso not recorded were permitted to etunJ uud, uftor receiving recognition, in announce their decision. Lead Seesaws Often It was not unlike tli. ninth Inn.n of a tie game1, Almont everybody was keeping track of tho votes, Klrat there would be u majority In favor of ordering the bill to a third reading -tho question before the House-and nixt there would be a majority against. This aec-sawing wan followed l with aiinoat breatlileaa ellencc. j Finally the vote Mood US ,n favor j of ordering the bill to a tiilid reading to 117 tagaluat. Tlx: tiks wri t- woi a-ing on the tally sheets. All eyes vnre-on the Speaker, who stood heioio I us Continued on tbe Sistih Page. BILLPROVIDES LIFE FOR OLDOFFENDERS Baumes Act Is Modified for Legislature Here Man In Prison Three Three-Year Terms Would Be Subject to Law A modified Baumes act for the State of Massachusetts was placed before the Senate yesterday when the Committee on Judiciary reported a bill which provldea for the lmprUontnent for life of habitual criminal. The bill deflnea habitual crlminala." The bill la baaed on a petition of Representative Clarence S. Luitweller of Newton. It provides that when a person has been convicted of crime and committed to prison three times or more for terms of not l than three years each, not Including conviction for an offense as to which ths defendant has obtained a pardon on. the ground of Innocence, he shall, upon conviction for a felony, be considered to be an habitual criminal and may be punished by imprisonment in the Mate PrUff for life or for any term of year. Conviction and sentence In the court of any other Plate, or of the United Statea, hall count in the wasae way aa conviction In the Masa-hu-aetta court. j, i x

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