The Tribune from Scranton, Pennsylvania • Page 3

THE SCRANTON REPUBLICAN, WEDNESDAY, JUNE 13, 1928 FIGHT LAWYERS MAY LEAD LUZERNE ohn L. McGcwm Silent on Conimu i FESS DELIVERS O. P. KEYNOTE SPEECH CONVENTION TO DISCUSS LETTER STATES LEADER SOLICITORS TO SEEK NEW MOVE IN RATE BATTLE Rump" Meeting President Declares Reply of Step By Municipal Attorneys May Result In Early Consolidation of Water Boost Committees Little Writes to Commission. International President Will Not Halt Plans of Carrying Issue to Court.

Prank McGarry, president elect of Committees representing Lackawanna and Luzerne counties in the op position to the proposed rate 'increase insurgent locals, last night refused to make any statement on the communication of John L. Lewis, international president, which described the recent company may be merged into a single unit in the near future, despite the action taken by those in attendance at the Chamber of Commerce meeting in rump convention as an "ill conceived dream" and denounced, the anti administration leaders for "imposing upon the creduality of the delegates." McGarry declared that the Lewis' Wilkes Barre Monday, who decided against the consolidation of the groups. District 1, United MineWorkers by the OFFICER TAPP TRANSFERRED. Patrolman Tapp, of the mate Highway Patrol, in orders issued yesterday and effective on June 15, Is transferred from the Moscow sub station to Nicholson. Private Ditchfield, now on duty at Nicholson, will go to Schuylkill Haven.

Municipal solicitors of Luzerne county, meeting yesterday afternoon in Wilkes Barre. voted to invite those who attended Monday's session to attend a conference to be held at the court J'house Friday night at 8 o'clock, when a if plan of action will be mapped out. Feeling that the antaginism towards the Wilkes Barre Chamber of Commerce in the boroughs throughout the county is so strong that the councils in the various municipalities might decline to appropriate any funds for the financing of the fight under the Chamber's sponsorship, the solicitors decided to bring representatives of all the communities into session again. Those in touch with developments in. Luzerne county professed to see in the solicitors' action an indication that The sketch shows Senator Simeon D.

keynote speech at the Kansas the lawyers may assume charge of the fight and that they, fully cog nizant of the need for concerted action, will urge consolidation of the two committees. Hope to Merge Groups Additional hope for an early merging of the two county groups was furnished by the action of City solicitor u. Little, who forwarded a letter to At torney John R. Geyer, at Harrisburg, outlining the situation as it exists as a result of the Wilkes Barre meeting Monday. Mr.

Geyer who was originally retained by C. N. Loveland, Wilkes Barre resident, was tentatively engaged by Solicitor Little. last week as assistant counsel for the complainants in tne case, and the solicitor's letter was designed to bring a decision from him as to whether he wished to serve under the circumstances. It is believed that Mr.

Geyer, as a re suit of Mr. Little's stand, may confer with those whom he represents in Lu zerne county, and emphasize to them tne advantage or united action. Rev. J. J.

Curran, who is a member of the executive meeting, and whose influence in Luzerne county is great, is also a strong advocate of a single committee, and the fact that he left yesterday for Harrisburg, ostensibly to confer with G. A. R. OFFICERS ARE WELCOMED TO SCRANTON Reception and Bail! Held someone interested in the controversy, lent strength to the'hopes of local com Mttee members that the consolidation Lewis' LIFE GUARD BERTH SEEKERS TO REPORT Applicants for positions as life guards at the three outdoor swimming pools of the city, operated by the Bureau of Recreation, are to report at Weston Field at 8:30 o'clock tonight, when the personnel committee of the bureau will meet The life guards will be appointed during the next week, the pools being scheduled to open at the close of the school term. DUNMORE APPEALS HEARD BY OFFICIALS! County Commlslsoners Morgan Thomas, Louis H.

Von Bergen and John F. Healey yesterday heard 80' peals of property owners in the Third, rourtn ana Finn wards, Dunmore, where the assessments were recently revised. Some time ago appeals were heard from the First and Second wards. As soon as the revision in the Sixth" ward is complete, the commlslsoners will fix a date for hearing appeals, from that ward. LIVE RATS WANTED 10c each paid for live raU, Deliver to 500 Adams Ave.

bridge sets collar cases handkerchief folds Schick razors weekend cases military brushes umbrellas Hickok belts and sets serving graduates for 56 years Attended by Approximately 2,000 State Department Officials Take Part in Grand March. I may oe effected. of the Scranton Spring Brook Water DAUGHTERS WILL ELECT OFFICERS THIS AFTERNOON More Than 300 Attend Banquet; Department Given Banner WELCOMED BY STERNE Belle V. Clarke Tent to Enter tain Delegates at Luncheon Today Levi Sterner represented Mayor E. B.

Jermyn yesterday morning in welcoming delegates to the 16th annual convention of the Daughters of Union Veterans of the Civil War at the opening business session of the department in the Y. W. C. A. auditorium, urace Sander, department president, pre slded.

Attorney Walter L. Schanz, judge advocate of the Pennsylvania department, Daughters of Union Veterans, was also a speaker. At noon the delegates were guests of Tent No. 10, of Scranton, at a lunch "eon. Nomination of officers took place at the gathering yesterday afternoon, with the election scheduled for.

this afternoon at 2 o'clock. More than 300 attended the fathers and daughters' banquet last evening at 6 o'clock in the Hotel Casey. Mrs. Lydia Seymour, of. Wilkes Barre, chief of staff, presided as toastmistress, and President Grace Sander, delivered the address of weclome.

An eloquent and inspiring patriotic address was. given by Attorney Walter L. Schanz. Other sneakers included the depart' ment commander, John B. Patrick, of Harrisburg, and Adjutant Samuel P.

Towne, of Philadelphia. Another feature was the reading of a beautiful Doem by one of the comrades. Other program participants were Mrs. Beldon Evans, vocal solo; miss Mary wans, reading, and the Rainbow Revellers, a girls' orchestra. Following the parade this morning the department delegates will go into session in tne y.

w. u. a. auditorium, with the readings from the various or ganizations listed as the main order of business. At noon in the Hotel Jermyn the Belle V.

Clarke Tent, No. 16, will play host to the delegate body. The afternoon business meeting will be followed by an auto trip for all representatives. Mrs. Delia Bull, of Tent 16, is chairman of the committee on arrangements.

JESSUP GIRL IS SERIOUSLY HURT IN AUTO MISHAP Anna Marra Suffers Prob able Skull Fracture Anna, six year old daughter of Mr. and Mrs. Domlnlck Marra, of 512 Second avenue, Jessup. was critically injured last night when she was struck by an automobile near her home. The child was admitted to the Mid Valley hospital at 8:15 o'clock and early today attaches reported her con dition as "guarded.

She is suffering from a probable skull fracture and a deep laceration of the scalp. John Enocnilt, also oi jessup.was the driver of the machine, according to authorities. i dressed open air meetings in Wilkes Barre. Mr. Kennedy flayed the Wilkes Barre Chamber of Commerce, declaring that the common people of the county have nothing in common with the men who control the organization.

He said that petitions asking coun cil to petition the court to appoint engineers to appraise the water company's property os that the city might condemn it will be ready for presentation late this week, with at least 10,000 names attached to them. State officers of the Grand Army of th Republic, department of Pennsyl and its five affiliated groups, were officially welcomed to Scranton last PAYTON DENIES CHARGE HE OWES B0R0UGHM0NEY Burgess in Letter to The Republican Declares Controller Erred STATE RECEIVED FINES Dunmore's Executive Declares Personal Docket Open to Inspection Burgess William G. Payton, of Dun more, in a letter to Tne Kepuoncan vpstr.rdav denies that he owes the bor ough treasury $1,140 tor fines collected in 1928 ana 127 as aiiegea oy v.on troller Nicholas Morell in his report filed Monday with Prothonotary Georee T. Williams. Burgess Payton holds that Controller Morell erred in taking the report of Police Chief John J.

Burke as to fines collected instead of the docket kept by Burgess Payton. "The Controller," says, "arrived at the false conclusion that all fines collected were for the account of the borough while the fact is that a large part of them had to be returned to the state treasurer. This latter fact would account for any difference that might exist between what was reported by the chief of po lice and what was actually returned to the borough by me" Payton's Letter. His letter in full follows: Punmore, June 13, 1928 Editor Scranton Republican, Pa. Dear Sir: In today's Republican you gave a great deal of prominence to the fact that I had been surcharged by the controller of Dunmore Borough for police fines collected and not returned to the borough treasury.

This was right and proper on your part for the reason that the information given was contained In the report of Controller Morell filed In the office of the prothonotary of Lackawanna county. The average newspaper reader would not be familiar with the purport of such a surcharge and would be apt to jump at false con unless the matter properly explained. The report of the controller and your account thereof sets forth that the controller's figures are based upon the monthly reports of the cruel of police. This, of course, would not be the best record, nor Is it official. The burgess is required by law to keep a docket of all cases, which Is a public record, and Is always open to public Inspection.

Certainly the controller would have access to It and before he made his surcharge it should have been part of his duty to examine the docket. This he neglected to do and consequently he fell into the error that he has made The law requires that all fines collected for infractions of the automobile law be" turned into the state treasury. Necessarily such fines would have no place in the borough treasury, nor in the controller's report. At the same time an arrest made by the police, whether it be for an infraction of the borough ordinances or the automobile laws, would be an arrest and the chief of police would so report. By mistakenly adopting the reports of the chief of police for his information, instead of going to the proper and official record, the controller arrived at the false consluslon that all fines collected were for the account of the borough while the fact is that a large part of them had to be returned to the state treasurer.

This latter fact would account for any difference that might exist between what was reported by the chief of police and what was actually returned by me. Hoping that you will publish this communication In order that any false impressions that might have been created by your account will be corrected, I am, Very truly yours, WILLIAM G. PAYTON, Burgess of Dunmore. Controller Morell last night made it piain mat ne ma not surcharge Bur gess Payton for fines collected for In fractions of the automobile laws. He said all money from this source had been turned over to the state treasurer by Mr.

Payton. The surcharges, he saia, represented nnes lor other in fractions of the law. SETTLEMENT IS MADE Announcement was made oi me settlement or me suit oi Dr. E. A.

Leopard! against the Delaware. ijacKawanns at western rtanroaa com pany. The plaintiff was asking $800 damages causea an automomie ship pea nerei irom ixew xoric over tne Lackawanna railroad. With the set tlement, Jerome K. Barrett, referee filed a reDort directing; a verdict for the defendant.

TO SELECT NEW PASTOR A pulpit committee to select a suc cessor to Dr. A. J. Weisley. who has retired from the pastorate of the Green Ridge Presbyterian church, will be named at a meeting of the congregation tonight at 8:45 o'clock.

Rev. Peter K. Emmons, oastor of Westminster Presbyterian church Is the moderator of the church session and will preside over the meeting. f. F.

M. T. Howley, 2S1 Wyoming Ave. Plumbing, Heating, Sheet Metal Contractors. Adv Order a box of Dawn Do nuts from your grocer today.

Iron Fences, Heavy Wire Fences STANDARD IRON WORKS, Phone 2 2851. Flag Day, June 14th 151st Anniversary Observe it by displaying a uni form flag outfit in front of your home and business. For immediate delivery Call 7 5137 A flag code may be had by calling Legion Flag Service A Flag for Every Home 641 N. Washington Avenue Adv. reply will be thoroughly discussed on the convention floor at St.

Aloysius' hall, Pittston, on Saturday. He further stated that it would no way halt plans of carrying the issue to court in order to gain recognition of the rump convention slate of officers. Lewis' reply has placed a heavy obstacle in the paths of the insurgent leaders and it Is doubtful if Saturday's meeting will bring out a majority representation of district locals. The international president defined the recent convention as developing into a scramble for elective office. The miners' chieftan stated that au thorative action of the district and international boards was overlooked In calling the convention "ill tempered statements were made, unwise counsel prevailed, prejudices were appealed to and passion inflamed," Lewis says In reviewing the convention.

Lewis in reference to charges made gainst Rinaldo Cappellini, Incumbent district president, and his elective officers said that there were constitutional means availableor securing redress if the charges merited it. He pointed to a section in the district constitution whihe provides that any mem ber or any local has the right to file any charge against an elective officer before the district board. Tne district ooara, Lewis continued. la uviigabcu. twu acai buc laiaigc aim render judgment: snouia tne local or member preferring the charges be.

not satisfied with the decision the international constitution gives hi mthe rkhi of appeal and also outlines the pro cedure for carrying out the appeal. Lewis in his communication appsar' to the membership to put aside any "Passion or prejudice that may have been engendered and resolve to placa their house in order and restore stability and peace in our union by availing themselves of the privilege of their or ganization to adjust questions which have recently concerned tnem. Lewis' communication which was ad dressed to Walter Harris follows "Notwithstanding tbe aulhor.tdtive action ot the international executive board and the serious counsel of the president of the union, the adventure was not halted, the Illegal assemblage was convened, ill con sidered and Intemperate statements were made, unwise counsel prevailed, prejudices were appealed to and passions Inflamed. The meeting was prolonged for nearly two weeks, while the highways and byways were were beaten for additional delegates. Groups of Individuals nightly visited local unions and Desouznt sunoort lor tneir tn terprise, In defiance of the rules and the oraeriv proceaure governing suen matters.

"The original purposes of the meeting were lost signt oi. ana amia great entnu siasm, a resolution was adapted that the legal officers of District No. 1 were removed and their positions would be parceled out to the few in the convention who could receive the necessary votes. "The affair developed into a scramble for office, and it was even believed by somei after the adoption of this resolution, that the United Mine Workers ot America would turn over Its property and the moneys in its treasury to this small group of violators of the union's laws. "It was stated In the convention, and even believed by some, that the International union would hasten to treat with and recognize the so called "new officers of District No.

1" and turn over to them, as their private plaything, for their personal pleasure, a great organization of 70,000 men. "The entire affair was an 111 coneeived dream. Many of the men who participated in the convention were victims of a designing but unwise leadership. Their credulity was imposed upon and their trust betrayed by meen who knew In their hearts that their acts and policies were wrong and their counsel false. The enterprise was doomed to failure long before its plans were executed, and it obviously required a most amazing imagination for any to believe that the objective of Its leaders could be obtained by such unwarranted procedure.

Convention Illegal. "The International union United Mine Workers of America does not now will it hereafter, recognize the aforessld convention as being in any manner bgal, and by the same token its acts will not have standing or Importance. The International union can only deal with the legally elected and accredited officers of District No. 1, functioning by virtue of the authority vested In them by the membership of that district. "This office Is aware that tome of our mem ber in District No.

1 sincerely De lieve In the merit ot certain allegations or charges which have often been repeated against one or more oi we executive oi I nl.r.lA, 1 there is a way to secure redress. Section 6 of Article 7. of the constitution of Dls trlct No. 1 sets forth the right ot any local union or members to file any charge he may wish against any elective officer of the district before the district executive btard. The district executive board Is ob Heated to hear the charge and render ludg ment.

There may be some who object to thli nrocedure because they allege that justice would not be accoraea tnem oeiore such tribunal. If so right of appeal then exists to the full membership of the International executive boara, composed of nearly thirty representatives from aU ot tne districts or our union. Article is ot tne international con stitution Indicates the procedure to be followed and constitutes a guarantee that the most bumble member oi our union mav hive access to our courts and give a hearing on his wrongs. section 4 oi Article o. oi tne inter national constitution reads as follows: snouid any local union ne aissatisnea witn decision of any of the governing branches luniess oroniB ten dv Joint agreement it shall have the right of appeal to the branch next In authority until a final decision Is reached, as provided in Section 3 ot Article 'under the foregoing section, any local union In District No.

1 may properly appeal to the International executive board in the event that they are dissatisfied In any cast with any judgment rendered by the execu tive ooara oi uistnct no. i. It Is the desire of the officers or the International union to protect fully the rights of all members, regardless of the office they may hold. If it is true as alleged that Improper or Illegal acts have been committed by officers of Dstrict No. 1.

the accuracy of such charges should certainly be developed In the courts of the union In the courts of the union In the manner provided by the constitutional provisions before mentioned. The officers of the International union have no desire to protect Incompetence or wrong doing upon the part of officers ot subordinate districts, and assurance Is given that If the aggrieved party will but conform to the procedure outlined, and exercise their property privilege as members, the most serious consideration will always be given by the International executive board. "May I not hope that upon calm reflection and sober second though that all of our membership in District No. 1 may put aside any passion or prejudice that may have been engendered ana resolve to place their house in order and restore stability and peace to our union in tnat Held, oy availing thmeselves of the privilege of their organisation to adjust questions which may have recently concerned tnem (Signed) "JOHN L. LEWIB President." City Solicitor Little also sent a letter of the public service commission, ad' vising the latter that he is agreeable to the sugestion made by Mr.

Ainey that counsel for the complainants meet with lawyers representing the water com pany. It is heUevedihat the commission head has in mind the effecting of an agreeem thbetween the two sides whereby the rates will be held up until after the commission has heart, all testimony ana nas nandea down an order. May Compromise "Shut eft" Local representatives of the water company intimated in Wilkes Barre yesterday that they might be agreeable to a compromise whereby the proposed regulation covering the "shut off" of water for non payment of bills might be adjusted pending a decision by the commission. They would not comment on the possibility that the proposed agreeing to a suspension of the new rates, now scheduled for July 1, until after the commission has held its hearings. Director of Public Works William A.

Echunk, who is Chairman of the Lackawanna county executive committee, said yesterday that a meeting of that group may be held within the next few days. It is likely that at that time, a complete program of action, including plans for the employment of additional counsel, engineers and accountants will be ready for submission to the representatives of the Lackawanna county municipalities. Although the letter Sent to Solicitor Little by Chairman Ainey, suggesting a conference of representatives of both sides, indicates that an agreement to hold up the new tariffs may be effected before July 1, attorneys representing the Scranton Lodge of Elks yesterday filed a bill hi equity in United States court yesterday, asking Judge Albert W. Johnson to issue an injunc Fess, of Ohio, delivering the G. O.

P. City convention yesterday. At Town Hall Last Night Town Hall auditorium. Approximately very brief. TODAY'S PROGRAM Today's programs for delegates attending the G.

A. R. and affiliated organizations' encampment follows: 8:45 a. assemble in 100 and 200 blocks of Adams avenue for parade. 9 a.

central city parade, Grand Army, 10 a. business meeting in Chamber of Commerce, Commander John B. Patrick presiding. Daughters of Union Veterans, 10:30 a. business meeting; 2 p.

session resumed; 3:30 p. sightseeing tour. Ladies of the G. A. 10 a.

business meeting, election of delegates to the national convention; 2 p. afternoon session, Including memorial services. Ladies auxiliary, Sons of Union Veterans of the Civil War, 10 a. business meeting; 2 p. afternoon session; 9:30 p.

reception and dance to department officers In Hotel Jermyn. Women's Relief corps, 10 a. business meeting; 1:30 p. election of officers. Sons of Union Veterans of the Civil War, 10:30 a.

business sion; 2 p. business session; 9:30 p. affair In Hotel Jermyn. 7:30 p. all organizations will attend a camp fire program In Town hall auditorium.

H. Hambrlght, past department commander, song, by Bethel M. E. church; address, Charles H. Thayer, past department commander.

Ladies' Auxiliary Meets. With Mrs. Grace A. Gahagen, of Greensburg, division president, in charge, the opening meeting of Sons of Union Veterans of the Civil War, Ladies' auxiliary, was held yesterday in St. Luke's Episcopal church parish house.

The session was opened with (Continued on Page Five) Free cooking Demonstra tion Gas Company Kitchen. A m. lOfJay. AdV. others with sinewy arms may chin themselves more times than any of their fellows; still others may out Jump all comers.

But excellent scores they may ring up in these individual events, they probably will not win out over the boy who makes good scores as they may ring up in these individual events, they probably will not win out over the boy who makes good scores In all events, rather than superlative marks in one and low records in others. Case after case, from actual experience in the 1927 Junior Olympic (Continued on Page Five) GLASS FOR AUTOS The Best at the Best. W. J. Schoonover Class Co.

fortunately for the graduate the black shoes he MUST have be "good" for months later several good in dull or bright at seven dollars. graduates will be grateful for these gifts for they're unusual useful and lasting and we'll initial any of them without charge. putting the new rates into operation, until after the public service commissi sion has heard the issue. Attorneys P. V.

Mattes and F. J. McDonnell filed night, with a reception and ball in 2,000 attended the reception, which was Honor guests included: John B. Pat ricK, Beiievue, G. A.

R. commander; D. D. Hammelbaugh, Harrisburg, department commander Sons of Union Veterans of the Civil War: Mrs. Grace A.

Gaghagen', Greensburg, division president, Auxiliary to Sons of Union Veterans of the Civil War; Emma M. C. W. Blair, Pittsburgh, department president Woman's Relief Corps; Mary G. Caldwell, Pittsburgh, department president Ladiese Of the G.

A. and Grace Sander, this city, department presidenet Daughters of Union Vete rans of the Civil War. All departmeent officials took part In a grand march around the auditorium, as a means of officially presenting them to the delegates and members. The procession was in charge of Col. James F.

Cooper, this city, a member of the convention committee. A feature of the reception was an ex hibition drill, given by a team composed of local members of the Daughters of Union Veterans of the Civil War Tents No. 10 and 16. The work was directed by Mrs. Esther Hughes, and the performers, numbering 16, evoked considerable applause for their meritorious rituals.

Each member was attired in a white dress and military cape and cap, creating a very pretty picture. Dancing followed the program. Previous to the reception, a fathers' and daughters' banquet was enjoyed in the Hotel Casey. Camp Fire Programs. All of the organizations will attend the campflre program at 7:30 o'clock tongiht in Town Hall.

D. S. Beemer, commander of Griffin post No. 139, A. this city, will be temporary chairman, with Samuel P.

Towne as chairman. The complete program will be as follows: Invocation, by department chaplain; singing of "America," led by Harry Madden; address of wel come, by representative of Mayor E. B. Jermyn; Scranton Musical club, directed by Prof. David Jenkins; adress, Commander Eldridge Haw; song, "The Americans Have Come," Marjorle Schadt Scragg; address, Commander Patrick; address, Col.

L. A. Watres; song, Marry Mad den's quartet; address, William H. Ruhe, past department commander; song, Junger Maennerchor, Prof David I Jenkins in charee: address. William the seashore to compete in the national finals, will also receive a medal.

Second and third place winners in both the Junior and senior divisions will also be rewarded with a medal. But prices are not the whole thing lii the Junior Olympic games health giving recreation and fun being the prime consideration. Then there's all around athletic ability, another aim of the games. "All round ability" means just that. It means that a boy must be a good runner, a good jumper, a good baseball hurler, a good basketball tosser and must be able to chin himself acceptably.

'The five events develop strength, speed, agility, accuracy and co ordination and, without one of these elements, no boy can claim to be a general athlete. Some fellows who can run like a deer may specialize on that event, as IS LAST DAY TO ENROLL JUNIOR OLYMPIC GAMES TO BE HELD AT BROOKS FIELD SATURDAY bill folds brief cases card cases dressing cases cigarette cases lighters Milano pipes (with Hetton guard) mokers novelties letter cases the papers, which contend that the Intention of the company to make its new rates effective on July 1 is a violation of the Fourteenth amendment, in that it constitutes the confiscation of property without due process of law. Open Air Meeting Mayor Dan Hart, of Wilkes Barre, and Herbert Kennedy and John Nobel, members of the executive committee of the Wyoming Valley Water Protest association, who with Father Curran, met Sunday night with the Lackawanna county committee, last night ad TOMORROW FOR Come on, fellows. Tomorrow is the last day for enrolling in The Republican's Junior Olympic games to be held Saturday at Brooks' Athletic Field, Providence Road. The games are going to be the biggest ever held in this city.

An entry blank will be found elsewhere in today's paper and all that is necessary to do is fill It out and mail it to the Junior Olympic Games Editor, care of The Republican, North Washington avenue. Two boys from this section will get a week's trip to Atlantic City and while there compete against boys from all parts of the country for the natlnnal ehamnlnnshln. Thp two winners at the seashore games will be rewarded with a trip to Amsterdam, Holland, to witness the International Olympic games. F. Burton Derby, director of physi cal education in the Scranton public schoops, will be in charge of the games Saturday.

His corps of assistants who have aided him in conducting scholastic track meets iu Scranton for the past few years, will be on hand to work with him. The coefficient of each entry will be determined tomorrow night after all entries are received by the Junior Olympic Games Editor. On Saturday, as each boy reports to the field, he will be handed a card showing whether he is a Junior or senior. This card will also be used in keeping Ills' score In the various events. Fivi! Events on Program.

Five events are on the program. Each boy must compete in all the events, thus giving every boy entered an equal chance to cop the big prize the Atlantic City trip. The two winners, besides going to.