South Bend News-Times from South Bend, Indiana • 1

THE WEATHER T-7 VE I END INniAN'A. air to- Siturd .1 MP'HbtW EDITION 1 shoW VOL. NO. 147. A NF.WKI'APER FUH THE HOMfl WITH ALL THE LOCAL NEWS.

SOUTH BEND, INDIANA, FRIDAY, MAY 26, 1916. DAY AXT) NIOIIT FULL LEAL WIRD PRICE TWO CENTS SOUTH NEWS TIMES I IP 3 JJsJv WORLD COURT PL1 IS VALID, TUFT ASSERTS Former President, Speaking Before League to Enforce Peace, Defends Constitutionality Project. TAKES SHARP ISSUE WITH BRYAN'S VIEW Declares Treaty Would Not Nullify Power of Congress to Declare War. Cites Precedents. Interna ion.il Nct s-rvl WASHINGTON, May In a length address, replete with legal 1 tations and statements precedent, former president William Howard Taft today defended tin- plan for the establishment of a permanent court to deride all "justifiable questions" arising between nations, as fathered bj the League to Enforee Peace.

As president of the leasee, the former chief executive, presided over the first convention of the organization and replied in detail to the objections that hive been raised in various juarters against its plan. The convention is one of the most notable ever held in Washington and "will come to a (Umax tomotrow ntcht when Pres't Wilson Is expected to -discuss international arbitration and Indicate why he does not consider the time ripe for a renewal of his original offer of mediation to the T'uropean belligerents. Tails Plan Valid. In opening his address Mr. explained that he had been assigned to reply to the constitutional objections raised against the first and third planks in the platform of the faKii.

The first provides for the establishr.p'nt of a permanent court, nml the third for the enforcement of the decisions of such permanent ouit by the military and naval force of the signatories to the convention. In connection with the first b.iection the claim has been raised that it would be impossible to decide what questions are and what are not justifiable" and also that the president and senate have no authority. Tinder the com tit ution. to enter into such an agreement. The court would.

Mr. Taft explained, decide thN pes-tion itself upon its merits. The right to enter into such an agreement, the speaker argued, is certain, fie said: The I'nited States is a nation, mid from a foreign standpoint. Kovert-isrn nation, without limitation nf its sovereignity. It ma therefore, through its treaty-making power, consent to any agreement with other powers relating siib- )-ets matter that are usually considered and made the subject of treaties." Cito.

Mr. Taft then cited various which he explained. showed undisputable authority of the president and senate to enter into arbitration treaties abuii; the mgsested by the league. Th senate already was on record, he said, qs favoring the establishment of a permanent international prize court. Takmc up the objections to the third plank permitting the use of the military and naval forces of the nations to enforce th1 de-rree.

of the court. winch. it is rtaimed. violates the constitution by taking away front congress: the f.vwr to war. Mr.

Taft tf.k harp isje with former Fec'y of tnte William Jennings Pryfln. The iatter recenth declared at the I.ak Mohonk conference that the plank it dated the constitution. Dcnic- llrjnn View. Tn this connection Mr. Taft said: "I venture to think that this Mewls wholly without foundation.

Although It's not necessary. 1 am wiling to accept the assumption that seme kind of a council should be pointed by the powers to make SPP announcement? when the time had come for the use of economic tvd forces as.iinsi the ecalc.far.t member. Does that take w.n from conaress the power to ieclare war' It does not. If the leign one st could not be jar is i vpun under the constitution fnr.gress hid declared mic lit de. dine t.

exercise its povxer and de, ue war. What would the effect of that it would vterrdy be breath faith on the part the Cnned States ard we would not -o ir" If congress fails to declare war -tnd thus comply -jth the bmdifc oMigation. created the re. ii r. then tt rr.reh ur Vr the of the 1 (CONTI'nr' FOCH.) LX- Wife Her Ex-Husband For Babies' Support An interesting case in which a divorced wife of outh Bend is suing her divorced husband, now a resident of South Dakota, for money with which to support and educate their two children, was instituted Friday in the circuit court.

According; to the complaint, 1'etro J. Randolph deserted his wife, Mrs. Martha A. Randolph and children on July 1, On let. of the same year she secured a divorce, service on the is tan bei ok by publication.

Fi nee that time, the wife alleges, she has been supporting the children, applying $1" a month out of hr own earnings. It is further contended that the husband is Inning property in Niuth Pend on a land contract basis. The purchase price was of which the husband paid The wile asks a judgment against her husband of William C. Jackson. Mary It.

Jackson, Laura Dell Jackson, Fannie D. Jackson, Charles L. Jackson. William CT. Jackson, trustee.

Mary E. Collins, Dora J. Staphs, Isaac- W. Staples. D.

M. Jackson and Heile Jackson are all named defendants, it being charged that they were the enders of the property. Heirs Contest Will Of Catholic Priest Involves $26,123 Suit to contest the validity of a. will left by the Rev. Cornelius Del-haunty who died in April was filed Friday afternoon in the circuit court by Mary Ida Delchaunty.

Ida Smith and Catherine Dutler, who allege that they ate the rightful heirs. Dy the terms of the will. $4.000 was left to the St. Vincent's Orphan iisylhm. San Kafeal, $4,000 Roman Catholic orphan association, San Francisco.

IHM) to the Mission of the Immaculate Virgin for destitute children of the city of New York; to the society for the Proposition of Faith of New-York; to the Holy Children's society of Pittsburgh, 4.000 to the Holycross college, Drookland, I. C. and $joo to the Cniversity of Notre Dame Du Itc, which last sum was to be used in sa.virg masses for the dccendetit. Marj Dlla Delchaunty and Ida S. Smith are the daughters of Patrick Delehauity.

a brother of the deceased Notre Dame prirpt and are tht refot entitled to one-sixth of the property, according to the complaint. Catherine Butler, it -is nl-ieued. is a sister the decendent and entitle; to a third of the estate while Julia Durray is a daughter of John b-haunty and should be given third. An appraisement of the personal estate ti.s the value of the property at 1 1 t'ndue intiuen and unsoundness of mind are alleged as grounds for contesting the will. It is also charge, i by the plaintitls that the will vas.

unduly executed. All of the rIiirious institutions named as heir-at-law arc made defendants. ALWARD FID S45; FIRST CONVICTION Superior Court Finds Him Guilty of Keeping Gambling House. The conviction in the Dr. indictment cases was returned Friday morning.

Harry A I ward, 510 W. Ii-isu-n was lound guilty of keeping a gaming and fined 145 and costs. Alward with eight or nine other defendants was arrested following a raid on his place Feb. Ot'icers Dibler and h'msted testified that they had visited this placv three different times. The testimony of other plue othcers who made the raid substantiated the evidence given bv the two "plainclothes" investigators.

In sever other ases in huh the two drtei i lives were the only witnesses for the, slate, there 'ore acquittals. Immediately following the hndir.g bv the jury against Alward. the attorneys for the other defendants ar-r sted with Alward, took changes of venue from the court. The att.rnev stated that they did no: to Ko before the tuperior court jury. The juror deliberated over fo ir hours Thursday night before returning a verdict.

The of Mab! Kline, charped with operating a house of ill fame, was besun Uu mornirxs. exas 8 TLXIS POSSE GUARDING uf QlNTl ScQkcc- This photograph shows a posse of Texas citizens on guard along the Mexican border, ready to repel Mexican bandits. The raids by Mexicans have incensed the civilian population of Texas, New Mexico and Arizona, and citizens are aidin the army. MFXICANS llllalll WIIIIW I Wllb U.S. TRUCK TRI Carranzistas Soldiers and Civilians Join in Attack on Americans.

Intermti ui il News Service: roL.f.Mürs, X. May 2. soldiers and civilians at CJrande.s ston an American truck train in command of Capt. Harper, coming nortli from Nami-ouipa. on Wednesday afternoon, in-ji rin- a truck foreman and several drivers.

The train arrived here today with at. account of the attack. Acting on orders of Capt. Harper, the Americans iired no retaliatory shots at their assailants, but "merely put or. additional speed, and drew a v.

ay in a shower of clubs and stones. The men's hurts are painful, but not The atuick of Wednesday is the second to which truck trains operating between here and (ien. base have, been subjected. Soldiers accompanying the train as guards declared the situation is fast becoming grave along Ccn. 1 tshings line of communication.

Nuint rotis times they ere forced to stop und cut barbed wire which had been placed across the deeply rut-ttd roads to block their progress. Arriving a lew miles north of Narniquipa Wedn esdav afternoon the train was halted to give the drivers a brief rest. A crowd gathered about the train. In it were civilians and a number of Carranza soldiers in uniform. From some part of the throng came a heavy stone, striking one of the men in the mouth.

As if at signal, the mob began hurling stones, heavy sticks anything it could got its hands on. according to the soldiers. Many women joined in the Capt. Harper hurriedly pavo the command to move, and the train pulled out amid a shower of missiles and jeers. GERMAN FLYERS SHELL VILLAGE IN GREECE International News Service: SALONIKI.

May IS. A squadron of Cerman aeroplanes has bombarded Kilind'r and the adjacent country. the allies have an imports nt concentration camp. News of the attack was Kiven out at allied headquarters today. (Kilinriir is in Creoce four and one-half miles south of Iafce Do i ran.

I The Greek village of Istovo has: been shelled by Hulcr.rian artiller and reduced to ruins. fi'l rumen nrr.xs. International News Sonue: TKRIU: II A CTl. May 2. An was s'arted today to determine the tau? of the which destroved the beautiful Centenary Methodist church iu! evening at a of 1 tneory of defect)'.

wiring has been advanced. There waa in-p'irpni. Ffjsse Guarding V. PRESBYTERIANS URGE RELIEF FOR JEWS -sk Wilson to Facilitate International Conference For Permanent Aid. International News Service: ATLANTIC CITY.

May The Presbyterian general assemWy today adopted resolutions advocating an international conference to give permanent relief to the suffering Jews in Russia. It wits decided to petition Pres't Wilson to intercede with the foreign powers to this end. Discussion of the war was avoided by reference to a special committee of a communication from the League to Knforee Peace, sponsored by ex-Pres't Taft, asking for support in the league's propaganda. An overture from the New York synod urging uniform marriage laws, was adopted. The measure advocates the Invalidating of remarriages of parties forbidden by law to enter into matrimonial contracts.

The assembly refused to endorse rn overture making- (lood Friday a day of special observances. The. assembly selected Dallas. Texas, for its meeting, by a vote of to 250 for t. Louis, the honor being sought also by Atlantic City, Columbus.

Ohio, Saratoga Springs, X. and Seattle. Wash. It FACH MUNITION'S SHIP. Int TuatioiKtl News Service: MONO KONG.

May 2. Following an outbreak of tire on board the Ktitish steamship Wisley, bound frr.m New York to Vladivostok with a cargo of war munitions, has been beached in Yunggro bay on the coast of Cochin China. Help has been summoned. TH) A Struggle Between Austrians and Italians Reaching Decisive Stage. Intern itlon.il New Service: MILAN.

May 26. The Trentino I attic is now raging at its height ard is about to enter the decisive stage. The Italian army has been meeting for the last F- days an Austrian onslaught conducted with a force of r.oojtoo men and from l.nrtft to puns, with a similar array of force, and although the first pha.e of this t-truuule of giants stems slightly in favor of the Aus- t'ians, the next few days probably will turn the tables in favor of the I I aha ns. The territory so far sacrificed by the Italians consists of some ad-v inied mountain spurs between the A'lUe ar.d YaUas.vi. including Fop.

piano and Zugna Torta. Parts of the territory thus evacuated under superior orders are from live to seven kilometers. With the rvception of Zugna Torta. Campo-molo and Verena no really import-rnt strategical position been sacrificed and the Austrian boasts of having capture-! some thousands of risoners who were mostly wounded rr.o defended their positions to the last moment. 1 CRISIS Border ,..,4 4 j-, "-V TO GIVE DIPLOMAS High SchocH -Graduating Class of 158 Within Two of Largest in History.

ComnioiK-ornont 1roCT.im. 10:45 o'clock Sunday, May 28, Baccalaureate sermon. 8:15 Wednesday. May 31, Senior play. Friday, June 2, Commencement program.

9:000 Saturday, June 3. Final assembly, award of athletic emblems, medals, etc. On Friday evening, June 2, at 8 o'clock the commencement exercises of this year's graduating class at the South Fend high school will begin. The total enrollment of the class is two less than the highest number of students ever graduated in one year, this year's class numbering 15S. The commencement exercises will be given entirely by class talent, no outside speaker having been engaged.

Besides the valedictorians, a salu- tarian has been selected as well aa a class prophet and class historian. The high school orchestra will furnish music throughout the program. Carl Prell, 'president of this year's class will bid farewell to the scnool in behalf of the class. This next week will be given over to final tests and preparation for the exercises. The first event on the program is the baccalaureate sermon which will be iven by Rev.

C. A. Lippmcott, at the First Presbyterian church on Sunday mornine at 10:45 o'clock. "Life P.uilding" is the subject. On next Wednesday evening at 1 5 o'clock "Capt.

Letterblair." the senior play, will be piven In the High school auditorium. Miss Gena Thompson has been coaching the class. Carl Prell and Gertrude Wiser have the leading parts. Friday evening the diplomas wil! awarded by Prin. Sims, while on Saturday morning the final assembly of the year will be held.

At this time the grade cards will be distributed as will the senior edition of the Interlude. The final edition is to he CONTINUED ON PACK FOUR.) Mrs. H.A. Barnhart Is Seriously 111 News-Times Special erm: ROCHESTER. May 26.

According to word received re this morning from Congressman H. A. i I.arnhart. at Baltimore, the illness 1 of Mrs Barnhart has assumed such FRIDAY, JUNE 1 a serious complication that the Johns Hopkins specialists have ordered her to bed in the university hospital to take treatment for two weeks more. Heart trouble i.s given as the nature of her ailment.

Mrs. Rarnhart has been ill all winter but only recentlv did her trouble grow dangerous. The congressman his cancelled a speaking engagement for Palestine, near Warsaw on Decoration day, his place to be rilled by Hev. G. Chandler of this city.

URGE HUGHES TO IT BENCH BEFDHE JUNE 7 Republican Friends of Justice Assert His Announcement of Candidacy Would End Fight. BORAH WILL OFFER THE MEXICAN PLANK "Watchful Waiting" to Come in For Severe Criticism in Platform Only 53 Contests to be Decided. Interna tion.U News Service: WASHINGTON. May 26. Close friends of Justice Charles K.

Hughes, fully convinced that he is to be the republican presidential nominee, will endeavor to Influence him to resign from the bench before the Chicago convention assembles and to announce his candidacy. They assert that if he could do so now the tight would be over. The Hughes sentiment, they claim, is spreading like wildrire through the southern delegates and the Justice has followers in every state delegation. So far Mr. Hughes positively has refused to discuss politics even with judicial associates.

It was said today by a fellow member of the supreme court bench that there was not a single member who had the slightest idea what the justice's position He hap been good hu-moredly chalfed about his possible nomination and has replied in kind, but at no time has ho made a single statement that would permit any line on his personal thoughts regarding the republican nomination. Say Hughes is Certain. Progressive senatos who stuck by the republican nartv in fie lat na tional campaign thereby ir.inln?: their reputations for party are a unit in believing that the nomination of Justice Hughes is a3 certain at Chicago as is the renom-ination of Pres't Woodrow Wilson at St. Louis a week later. They are devoting most of their attention to questions of platform and several prospective planks already have been framed.

Sen. William E. Rorah of Idaho, will offer the Mexican plank, which will denounce watchful waiting. He has held several confer-cenes with border senators on the subject and it. is expected that the platform declaration will assail all the administration's moves in Mexico.

The entire International policy of the administration also Is to be handled without gloves. In this connection it i.s expected that this plank wdll he framed by Sen. Lodge of Massachusetts, who has decided views on what he claims has been CONTI NTJ KJ OX PAGE FOUR.) MCK 0(1 TEUTONS Recapture Trench West of Meuse River in Counter Assaults. InternarieD.il Nevs Service: PARIS. May 28.

"While the Germans were pounding away with their big guns against the French positions west of the Meuse river last night, the French suddenly directed vigorous counter attacks east of the river, recapturing a trench which the Germans had taken 1' 4 hours curlier. A continuous cannonade of terrific power was carried out against the French positions at Mort Homme (Dead Man's hill) and in Avocourt wood, the French war olhce announced today in its official communique. After the French trenches at I Mort Homme had been shelled for some time, the Germans delivered an infantry afack, but it was repulsed by the hot machine gun tire and the. curtain nre of the French artillery. As the Germ ms retired their big! fcuns behind the battle line airain got into action and the bombardment of the French positions was resumed with ivs previous fury.

To the cast o' the Meuse river the French attacked between Haudro-nont and Thiauniont farm, here they per.etrated a German trench. This earthwork remained edj FRENCH 111 1 in Fruic.h hands. LATEST in the News World LlVXsini; iu'mok. Iuternath uhI Ns Sn i WASHINGTON. May Positive and emphatic denial was forthcoming from both the white house and the state partment today of rumors last night that Sec'y of State Kobert Itnsiricr was to resign.

his post because he did not endorse the foreign policy of Wilson. The first denial came from the secretary himself. vt i. iM)i mors. May Eighteen wtunen were wounded in a fight between the ptdice and food rioters in Krankfort- on-the-Main on Wednesday night, according to information received here today.

Three hundred and fifty women attained butcher shops in Frankfort because of the scarcity of meat. TO VOT1-: Till KM.VY. Iuternationul News Servl WASHINGTON, May LS. A tentative agreement to oto next Thursday on the nomination of Louis I). Urandeis to be associate justice of the supreme court was reached at a joint session of democratic and republican leaders of the senate this afternoon.

cAiiiMrr rns. International Newa Service: ATHENS. May '2d. The Greek cabinet lias resigned. The resignation of the ministry was brought about by growing political unrest over conditions Mliposed upon Greece by the war and the intervention of Anclo-French forces in Greek territory.

by r.it. International News Service: SAN FRANCISCO. May 2fi. Police John J. Mori-arty was shot and killed today by an alleged counterfeit! whom ho was attempting to arrest for the murder of his two confederates.

GOMPdts to Ititernntionnl News Serviee: CHICAGO, May 11. Samuel Compere president of the American Feneration of Labor, is to hold a "'erenre today with loaders in the fxiY i express agon drivers. means of settling the strike, fj been featured with will be taken up. IE," SAYS Defendant, Apparently Indifferent to Fate, Bares Details ot Crime. Intrnntk n.il News Servt NEW YoltK.

May lnriiitt rent to the fate which will lie met out to him for the murder father-in-law, John Peck. Ir. Arthur Warren Waito, under cms vainir a-tion today, frankly testimd that he did not fear the electric chair. "I am prepared to die," he said. The sordid details of thievery and killings in which Waite sterd.iy paid himself as a monster the blackest kind, were lacking today.

There was little to I developed under the state's cross examination. Waite admitted that he kio it as wpinu to stt al, us he ha'i stolen all his life, and that it was wror.u to murder as be had murdered his v.ifo's parents. Miss Catherine Peck, sister of the-murdered man, followed Waite on the stand, and testified about i i some marmelude and alter opening it a second time found in it something like sand. v. as the ground glass which Waite admitted he placed in the marmelade.

Admits Her Miss Peck admitted that she a great affection for Waite, and beved he was fond of h.r. She oi giving Waite char-e i.f '-rtiin business matters for her. The defense did not brir. -c the fact that Waite had also st- bn rr.oney and jewelry from I'n's, the prosecution thv stealing. Dr.

Minas S. psyeho-pathic expert in i of Waite's ondition when he was brought to the j.rison ward at the hospital. He said" he was fiom poison, but seem able at all times to answer o.u stior.s ar.d appeared to comprehend what was said to him. Waito on Matwl. Ir.

Waite calmly recounted on he witness stand Thursday r.ight. how he attempted to the ueatn or jvamerme i -r k. the aunt of his -a ife and own benefaetor. by feeding her "11 TO (CUNTL-rUi OX PAGE TO BANDIT. KID OF VILLA OH IT i Canclelaria Cervantes, Fiercest and Most Trusted of Pancho's Leaders is Killed by Americans.

GANG IN SURPRISE ATTACK ON ENGINEERS After Being Hunted From Pillar to Pest For Weeks Mexicans Take Desperate Chance in Assault. InbTn.it ioii.il New Si-i i-e: SAN ANToNIn, a. Ma 2h. Gen. lVrshin today reported to Gen.

l'anston follow, llig casualties in the b.tMb- between American troops- ar.d VW-llstas at I'luccs, Mexico; Lance Corporal I 'avis Mai bury, shot riuht loi.ir. died in an hour; Private George F. Nicholas, machine gun corps. 17th infantry, shot right arm, left serious. Private Genruo Hwb-tt.

machine gun corps. 17th infintry, shot left knee, not serious. FILLI) CA UNITED STATES A NEA1-NAMICJCIPA, Mexico, May radio to Columbus. N. May L'H.

A short, sharp battle between force of A mot i an army engineers and a e.in of Mexim band.t.H under the leadership the ichown-ii Candef.iiia Cervait. one of Paneho Villa's mo-t Ijeiit n-ants, v. as fou-ht morning south ('nil'Ca. Three A Iba Vee uuunded, one so badly I li.it he i I a short time after, and two of the 1 Were killed, several voniidd and the band soaltcted. Atnci.g killed vv.as Cervantes himself.

An oifieial report of the battl v. as made today to (Jen. pej-slun at his h( auquart i bei e. The (IKillol re working Oil road rcjaits six mibs so4th of Cruces. With tlotn were a few soldiers, a' tiiiLr seort.

Make SurpriM' Attack. The Mexicans made a surprise at-taek. CtTv.int li leen Jmnted fiom pillar to tlie las' two weeks. His rank depleted, iii men tir'd atbl half weje icady for Army tiave be in rate st ra; attack the n- ejneejs Wh.en thy kn-'W that at tlie garrison only o. miles away was a company of the l-'th avalry and a.

machine in tio 17th in- laiitry. Tlie a small hill ar.d down on ti.e Ametiians as Voiked 1 i. small lawne. it's at the f.rst The soldiers rallied aid shot tor shot at e.o-e a 'e. 1: i probably, to ta b- mat k-manshij.

of be that the little party a ited. A a tO h-'-'te or aid. T. of one th" und H. T.

M-i- hat.t York, afp! tl.e othrj- of tin- nth Ui on. ma r. "apl. Oa; "isbman of ir: pursuit. With heu 'A r- ei at Pandits OvortaL n.

A mdiT.s for a'. Ho' they rc e. cftikcn a-- re fa O'- shelter f. t.e itf.S oi i i 1 1 In the en i i. iii.

ib we tlie Are kille. nUhll ''O. Tid ed I the res, made thor es-. jr. til- bd coui.Ty.

Ti.e of a was iv id r.v- of Lss i -r. h'ewev -r. 1 e.j the 1 ro i e. i r. x.i im bn.

i of tii. A ri- a s. 1 uas Frr.a'v Hull.tt of the 17th tU.ntrv. -vh" v. a bare of th lur.o ar.d vh.

Kill. 1 cf tbe Mexic.l!.. Iii- e-jn. not --ll'-V ed to be sf Tb-- at J.ifh the a 'tack i wa about th- li-' i-e it c. eb ced, to er1-.

Iot- Than in dang. at uo -s as tl.e e- the yan.r p. its re r' idily and Th" of vr- arf ga trd up ta s' I i ui 1 i rr a tha'Y.