The Boston Globe from Boston, Massachusetts • 5

fi BOSTON GLOBE JULY 1933 COURT DISMISSES I BIG MELLON SUIT Declares Plaintiff Fails to Present Good Cause OPEN WAR BEGUN ON DOOTLEG GAS 1 Federal Worker Flies to Texas Oil Field Copyrisht, B. Bemold, Tobacco Company Former Senate Employe May File Amended Action Independents Pledge Support to. Regulations of lekes ft EREIYO UIWANT CQ037O S7WH RYIFLY4WH 'v--v i -1 1 1 t. 'v'li -V 3 4Ca y. 'A WASHINGTON, July IT (A.

iuit to collect 1220,000,000 from Andrew TV. Mellon and several other former Treasury officials was dismissed today In the District of Columbia Supreme Court. David A. Olson, formerly an em ploye of the Senate Banking Commit-tee charged Mellon and his fellow oefendants with conspiracy which he satd enabled foreign steamship companies to evade income taxes. In sustaining a dismissal motion by defense attorneys, Justice James M.

rroctor said Olson had not presented a "good present" cause of action and that the complaint Is defective by reason of vagueness and uncertainty of its allegations." Charles A. Russell, counsel for Olson, said he probably would seek to file an amended complaint. Olson asserted that conspiracy by Treasury officials enabled the steamship companies to escape $110,000,000 in taxes. He sued to recover $220,000,000 for the Treasury under a Civil War statute providing that officials who fraudulently allow evasion of Income taxes shall be liable for twice the amount of the evasion. among the defendants were Ogden Wills, formerly Treasury Secretary, end Arthur A.

Ballantlne, formerly Treasury Undersecretary. Justice Proctor said that even on the plaintiffs own theory" the suit apparently had no basis where the tn were concerned, adding it showed that when these defendants took office the alleged scheme was effected and they did no acts to contribute to that result." Olson left the Senate committee investigating the stock market and banking after saying his attempts ht Inquiry were being curbed by committee officials. He recently filed a auit in Pittsburg charging that W. L. Mellon, nephew of the former Treasury head, had evaded $2,000,000 in income taxes.

This case is still pending. HEED MORE FUNDS FOR -SUMMER MUSIC Esplanade Concerts Are Dependent on Public your serves Camel's rich, inviting flavor always seems to say, Have another i 'w 4 i. w. RIGHT-A DAYS SPORT is more enjoyable with plenty of Camels along, because you can smoke all you want and stall be ready for more when evening comes 1 Camels costlier tobaccos never get on your tire your taste! Ckmels are better for steady smoking. It is more fun to know I ABOVE ARTHUR J.

NEU, of East Orange, N. Jw pulls In nice one! Few men know the importance of healthy nerves better than Art Neu does He Is national champion in dry-fly casting for accuracy. Just as a stunt, Mr Neu has frequently flicked the ash off a friends cigarette with a fly at 35 feet! mohrs turn to WASHINGTON, July Jf (A. F.J-A wift gathering of Federal strength to help the oil Industry back to sound footing was In progress today as the Interior Department put Investigators to work In East Texas to carry out Its program for halting the flow of illegal petroleum A. D.

Ryan left Washington by plane for Longview, center of the Texas pool, to serve as special agent In charge of the investigating force of the department, charged with running down and prosecuting violations of conservation laws. As the Administration set Its agencies back of the executive order of President Roosevelt and the regulations Issued by Secretary Ickes, the Independent Petroleum Producers' Association pleged Its cooperation to the campaign. "The swift action of the Administration In rushing representatives to Texas for enforcement of the Presidential order forbidding transportation of oil Illegally produced arouses new confidence in the Administrations sincerity and efficiency end prepares the way for early stabilization of this vital Industry," said Russell Brown, counsel for the Independents' organization. "Cooperation between law-abiding oil producers, the transportation agencies and the Government officials should make possible the accumulation of sufficient evidence agalns law violators to stop these racketeers In a great industry." Brown stdded that numerous tele grams had been received by the organization from the oU States pledging cooperation. Prompt and severe penalties were planned by the Administration for violators in an effort to discourage violations of conservation and proratlon orders.

Agents already are In several fields besides the East Texas pool with in structlons to go after violators with full strength and run down all rumors of transgressions. Meanwhile, preparations were being made here for opening next Monday the hearing before Hugh S. Johnson, the Industrial administrator, on the oil industrys plan of competition submitted to him several days ago. SEEKS STATE TABLET FOR SARATOGA FIELD Bowen Feels Revolutionary Troops Deserve Honor Special Piapatch to the Globe PITTSFIELD, July 16 Eugene B. Bowen of Cheshire, who probably ranks first among those Interested in placing commemorative tablets about the countryside.

Is at present resuming active sponsorship for a Massachusetts tablet for the Saratoga battlefield. Last year Senator Theodore R. Plunkett of Adams introduced a bill in the Legislature In behalf of Mr Bowen and other members of Berkshire Eons of the American Revolution. It was referred to the 1933 Legislature. This year.

Senator Plunkett withdrew the bill In the in-terest of economy, but according to Mr Bowen the bill Is returning next year. As his reasons for a Massachusetts tablet to honor the patriots at Saratoga, Mr Bowen cites the fact that of the 2600 Colonial troops who fought "Gentleman" Johnnie Burgoynes army, 85 percent came from New England. Of this number, 70 percent came from the Bay State and many of these men were from Berkshire County. "And Massachusetts hasnt even erected as much as wooden crosses for these men who died on New York asserted Mr Bowen. While the second battle for a Saratoga tablet Is still being fought, Mr Bowen Is proceeding with plans for dedicating a tablet at the Stafford Hill memorial tower In Cheshire, Oct 16, the anniversary of the Battle of Saratoga.

This tablet will commemorate the Silver Greye Independent Regiment, recruited from Cheshire and vicinity under the command of Col Joab Stafford to fight at Bennington. The complete roster of the regiment was recently found In the archives at the State House. Mr Bowen has offered to place a similar tablet on the new State memorial on the summit of Mt Greylock. Mr Bowen was chairman of the Massachusetts commission that had charge of the Massachusetts tablet placed on Walioomsae Heights in Eastern New York State, the site of the Battle of Bennington. He had a row with the State Art Commission which resulted in rejection of the art commission's design for the tablet In favor of his own choosing.

IT IS MORE FUN TO KNOW Arthur J. Neu, champion fly-caster, says: Dry-fly fishing Is a delicate art that takes the best a mans got In steadiness of hand and eye. To win the championship in accuracy at casting a dry fly, I had to have healthy nerves. And yet I smoke steadily all I want to without disturbing my nerves. Thats because I prefer Camels.

There is no question but that they are milder. And their rich, inviting flavor seems to say, Have another. Turn to Camels. Like Mr. Neu you will find that Camels are milder.

their flavor suits your taste steady smoking never jangles your nerves. So begin today I Camels are made from finer, MORE EXPENSIVE tobacco than any other popular brand. The more you smoke them, the-more you'll like them. Costlier tobaccos do taste better. 4 I i i 4 --r; ri i i i i1 i r' I 3 7 i i 0 i 5 With the Esplanade concerts of Arthur Fieldler now launched upon the second of their schedule of three weeks, the expense fund, which is entirely dependent upon contributions from the public, last night showed 54 955.47, not quite two-thirds of the sum required for the current week.

Mr Fiedler began the concerts with a very little more than the amount reauired to pay for the first week. The cost is aproximately $3000 for a week of concerts nightly except Saturday. To date there is on hand approximately $2000 for the second week. Although the cost Is about $300 a night, the audiences contribute an average of only $100 nightly by the fund boxes on the grounds, a per capita donation varying between 1 1-5 cents and 114 cents, Sudav nights audiences, computed at 9000, dropped In the boxes, about 1 l-10th cents for each person present. It is the belief of some observers that the very strength of the concerts Jn their power to draw extremely large audiences proves to be a weakness in contributions.

For apparently the individual, seeing so many others present, is Inclined to think that "the other fellow," multiplied by thousands, yill do the contributing. Contributions for the eontinuence cf the concerts are being received by Arthur Fiedler Esplanade Concert Fund, Merchants National Bank, 28 State st, Boston. The Merchants National Bank of Boston acknowledges receipt of the fololwing contributions to the Esplanade Concert Fund: Previously $4770.59. r0. Anonymous $25.

J4r Mary B. BeBlola $10. Anonymous tl. contributions at Concert 98.88. Total to date $4955.47.

PAILWAY MAIL CLERKS PLAN ANNUAL FIELD DAY Senators David I. Walsh and Marcus Coolidge, together with the New England Congressmen and William M. Collins, national president of the Railway Mail Association, will be the special guests of the Railway Mail Clerks of New England at their annual field day today at the Riverside recreation grounds, Auburndale. A fine sporting and entertainment program has been arranged and it Is expected that more than 200 railway mail clerks will attend. A feature the sporting program will the rhampionship baseball game for the Cup.

The committee Is headed by W. Bradley, assisted by Ivan B. Chandler, secretary, and Arthur E. A. King, treasurer.

NERVES CBB03 Si S3 50B cocas oeib toxbs aagee HULA STAR OF HAWAII CUMMINGS TO DEFINE GOLD TERMS SHORTLY To Rule Upon Exportation of Ore Despite Embargo YEARN FOR CONGESTION ON OLD U. S. ROUTE 1 i Merchants, of Six Towns Learn That Diverted Traffic Takes Business Away properties over a period of years are now faced with ultimate loss. "Whereas, it is unthinkable that th Commonwealth of Massachusetts should make an exception to its policy in this particular instance so preju- dicial to the several towns mentioned. "Be it resolved, that Route 1 be returned to its rightful owners and con- -stltut the original highway through' the center of these towns." So It appears that the modern day conveniences carry along with them new sets of troubles to contend with.

Part of the citizenship of these towns think the State has acted unfairly and, on tbe other hand. State officials were undoubtedly of the opinion that they had performed a great duty fur this section of the Commonwealth in the construction of the new super-high-' way. The whole question will he aired a public hearing to the State House July 26, and there appears to be no-reason why for the sake of the ebang- -ing of a few signs, there cannot be an amicable settlement. is to bring about a return' of traffic through tbe centers, the towns, thus aiding business to general, real estate valuations, etc. Before the opening of the major portion of the super-highway, traffic congestion was increasing In th town centers, especially on Friday and Saturday evenings, the most opportune hours for the retailers.

Customers were unable to gain parking places close to the stores where they wished to make purchases, and local and transient traffic was tied up considerably. merchants then had a longing ey for the approaching super-highway. According to their own estimates, through traffic was worthless, and tbe sooner' It was diverted the better for all concerned. But then cams tbe dawn and the super-highway. At that point earn the realization that Routa 1 and through was worth considerable to' the long run.

To put It to the terms of the Route 1 Association, It has "greatly affected the status of over 40,000 voters who have suffered heavy business losses and depreciated valuations of business real estate, entailing present Joss of taxes to these several towns and great possibility of future losses through foreclosure of mortgages on abandoned property and consequent loss to the State. Feg on Che Vineyard Burgoo, pea soup, the Inside of a Nantucketers pocket all the figures of speech applying to fog are called into use by the wrack around us. Marthas Vineyard Gazette. READ THE ADVERTISEMENTS IN TODAY'S GLOBE a t' fv iif 1 i WAKE UP YOUR LIVER BILE WITHOUT CALOMEL And Youll Jump Oat of Bed in the Morning Earin to Go If you fed sour sad sunk end the world looks punk, dont swallow a tot of suits, tain. water, oil, laxative esndy or chewing rum and expect them to make you suddenly sweet and buoyant and full of sunahins.

For they cant do it. They only mows tbs bowels and a mere increment doesn't get at I the caueeu The reason for year dswMBl-est I feeling is yon beer. It should Sow out two pounds of liquid bile into your bowels daily. this bits is not flowing freely, your food doesn't digest. It just decays in the bowels.

Gas bloats up your stomach. You hare a I tmek, bad taste end your is fouL often breaks out in blemiahes. Your head i ach( and you feel down and oat. oar whole system is poisoned. It takes thorn good, eld CARTERS I LITTLE LIVER FILL to get thee two pounds of bile flowing freely and make you tee I up and op.

They con tela wonderful, barmlaas, gentle vegetable extracts, amazing I when it comes to making the bile flow fiady. But don 'teak far Brar pills. AskforCartw's little liver Pills. Look for the name Carter's little LfvarPilUee the red label. Reseote mb-tutuie.

25c at drug stores. 193lCMCe. Advertisement. WASHINGTON, July IT (A. Atty-Gen Cummings expect ooa to give President Roosevelt an opinion defining what comprises gold bullion, for use to connection with the gold embargo.

Effort have been made to persuade the President to relax his prohibition of gold export to permit the shipping abroad of American-mined gold so that it could be sold to foreign markets at higher pries than is obtainable to this country. Whether the gold embargo prohibits th exportation of American-mined gold or also will decided by the Attorney General, he said today to diicuMiog th subject Som lng companies already have been exporting Americanmlned -gold ore, txi Treasury holding that there wasno prohibition against It, and has been shipped to Canada wber It was refined and then sold abroad. The Attorney General sa these questldns would he dealth with In his opinion, as well as whether partial refining made tbe resultant products gold bullion. TAKING OF FATHERS AUTO LANDS SON BEFORE COURT SAUGUS, July 17 His being "tired of around" caused considerable trouble for James H. Amero, 17, of 4 Stanley terrace, who was arraigned this morning before Judge William E.

Ludden to the Saugus Police tot on the cbr tojg of money and larceny of an automcffilie belonging to his father. Amero was arrested Conn, over the week-end by the State Police. Last night he wa turned over to Chief John T. Stuart police. He told th authomies got tired of banging around the house, eo took hla fathers machine and som money for a trip to New fh Judge Ludden ordered the youtn held in bond of $1000 for th Grand Jurs WALPOLE, July 17 There was a time, npt so long ago, when the main highway through this section to Boston and Providence was a winding, dusty, country road.

For th amount and type of traffic. It served Its purpose well, and everybody wa quite contented. But times have changed. Transportation has been completely revolutlonzed, and dlssentlon Is prevalent on all sides. Almost entirely completed between Boston and Providence Is a new superhighway which Is causing most of tbe present Ills.

The new route is open from Norwood to North Attleboro, and thus diverts most of the through traffic frqm the centers of Norwood, Walpole, Norfolk, Wrflntham, FlalnvUl and North Attleboro. Dedham will also he added to this list when the Boston end of th highway Is completed. This diversion, together with tbe States taking Route 1 signs from their original positions and placing them along the new super-highway, la what has upset a goodly portion of the citizenship of the above mentioned towns. Out of the tangle between the State and this section of Norfolk County has sprung the Route 1 Transportation Association. Many meetings of the association have already been held, and this evening th largest gathering ever to assemble in this section of Norfolk County was present to Memorial Hall to hear the report on the data collected by representatives on real estate valuations, taxes collected and total business done In 1930-31-32 and depreciations this year to date.

The association is composed of members of the Boards of Selectmen, Chambers of Commerce, Retail Merchants Associations, district representatives and interested citizens of the various town. Not unlike all stories, there are two aides to this one. Tbe sole purpose of the Rout 1 Association at present GETS YEAR IN JAIL ON MAIL FRAUD CHARGE Charged with violation of his Federal probation by using the mails to defraud In conection with a "chicken racket," John S. Phillips, 38, of Dolton, was arraigned before Federal Judge James Lowell this afternoon and, after being found guilty, was sentenced to serve one year to the Springfield House of Correction. Last March the defendant was given a two-year suspended sentence in the Federal District Court after he had pleaded guilty to offering to sell one-day old chicks through the mails.

Postal inspectors testified that Phillips received money for -orders, but failed to make the deliveries. Postal Inspector Adefbert S. Sheehan of Pittsfield charged that Phillips recently went back to his old "racket. ACHES0N FOLLOWS CHIEF, WOODIN, ON SICK LIST WASHINGTON, July 17 A. G.

Acheeon, Under-secretary of the Treasury, who shouldered the responsibility of guiding the Government's finances 1 when Secretary Woodin waa taken 111 a month ago, himself is laid up with a alight Indisposition but expects to return to work Wednesday, Secretary Woodin has recovered and hla office aaid today be would return to his desk in a short tims. During the absence of th Secretary and Under-secretary, Thomas Hewes, assistant secretary to charge of fiscal affairs, Is acting secretary. Cheering Him Up Mr Longface "Every ones panning my hoy and all he did was to miss p-propriate 4200 from th bank ana th cashier got away with $20,000. Mr Sunnyface "Never mind. The boys young.

Next time be 11 make Jbetter EagU. i '6 4 PAIN STOPS AT OMCE! Jvn 0f MmJl- 9 Ji Safelq Quicklij Remoted 'SORE TOES INSTANTLY RBLIRVKM 4 You ret these emoting results with Da Scholl's Zino-p trace of pain sore The ately ended. Used with the separate Mrdv -pads: la on minute every i of pain is gona In ten seconds the toes from tight shoes stop hurting, ciuse shoe pressure is itnmedi-r ended. Used with th separate teatrd Disks, included in every box, Claim Ownership Tbe gist of ths resolution forwarded to ths Governor and the Commissioner of Publlo Works follows: "Whereas, It has been the policy of this and other States In constructing new parallel highways along Route 1 to mark such new construction as or end as a large percentage of tourists are more Interested in passing through our scenic New England villages and towns rather than in traveling over a super-speed highway constructed through a wilderness and swamp; and as many of our citizens who have purchased and developed Odette Bray. 19.

whom Hawaii herald, a. th ouUtandlnr hula hula girl of the wmnror seuwaUon. arriving la Lo Anrele. on her flr.t trip away lrom her native Ulanda fH APING Even id $noet sggrlrliCt! filet, bomfort follow thd healing touch of these soothing, healing pads quickly and safely remove corns. Gta bos today.

At all drug and shoe etoree. Scholls Zinopads Cayenne. I am still an advocate of politeness to print. There are some word which should never be spelled at all. Washington Star.

1 Spelling Reform jLr you in favor of spelling re- "Ia pom degree, answered Ills.