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The Brooklyn Daily Eagle from Brooklyn, New York • Page 3

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a THE BROOKLYN DAILY EAGLE. NEW YORK, THURSDAY, MARCH 29, 1928: 2 3 FIGHT SMITH TO GET TWO-THIRDS VOTE Opponents Can Prevent His Nomination by Holding 367 Votes Together. Eagle Bureau, 901 Colorado Building. By HENRY SUYDAM. Washington, March 29-The belief is quite general, as a consequence of developments in the past few weeks, that Governor Alfred E.

Smith will be nominated for President at the Democrate Convention on an early ballot, but where he is to get the requisite two-thirds of 1,100 votes is a problem nobody has been able to figure out. The Governor, at the peak of his strength at Madison Square Garden in 1924, had 368 votes, which was 182 short of a simple majority and 364 short the two-thirds vote required to nominate. William G. McAdoo's highest vote was 530, which was 20 short of a majority and 202 short of two-thirds. Neither Smith nor McAdoo in 1924 ever received even a simple majority of the votes.

Different Situation This Year. The situation this year is, of course, quite different. Mr. McAdoo is not a candidate; his influence has dwindled and he is now pinning his hopes of defeating Smith on Senator Thomas J. Walsh of Montana.

Smith, on the other hand, is immeasurably stronger than he was four years ago, and part of this strength comes from the complacence with which various States in the South are now viewing his probable nomination. The Smith strength in 1924 came from the Eastern and North Central States. He had practically no support from the Southern and border States, the Mountain States or the Pacific Coast. Put in another way, 80 percent of the Eastern delegates and 36 percent of the North Central delegates were for Smith, but he had no strength in the South or on the Pacific Coast. Change in Southern Sentiment.

The sentiment of the South has undergone considerable change in the past four years. There still exists the most bitter opposition to Smith's nomination, but the opposition this year is not unified. For example, information reaches Washington to the effect that Kentucky and Tennessee wlil be for Smith. North Carolina has decided on an uninstructed delegation and representatives of that State say that a considerable number of North Carolina votes will go for Smith. Louisiana is for Smith and it is probable that Arkansas will support him.

Wilbur Marsh, former treasurer of the Democratic Committee, predicts that Smith would carry Iowa, even against the favorite son candidacy of Edwin T. Meredith. But the total of all these votes is only a little over 100. Harder to Beat Smith This Year. The problem of defeating Smith is more difficult this year than in 1924, due to the fact that there is no outstanding candidate around whom the anti-Smith forces may rally.

Senator James A. Reed of Missouri has met with a cold reception on his expedition into the West. Senator Walsh of Montana is not making much progress. It is conceded that if Reed or Wash could win in the primaries in such States as California, Oregon and Wisconsin, this would be a serious setback for Smith, but indications are that nothing of this kind will happen Forlorn Hope of Favorite Sons. There is in the field against Smith of about ten "favorite son" candidates.

It is not certain whether all will allow their names to be presented. Most these candidacies represent forlorn hopes. The "favorite son" candidates represent 254 votes, on the basis of giving each man vote of his own State. Some of them, of course, will have support from outside their own States, and possibly considerable support. combination of 367 votes will prevent Smith's nomination.

total of the entire Southern hind border States is 342, but the oposition Smith in this category of votes is nowhere near that figure. On the 76th ballot at Madison Square Garden Smith had He is certain this year of practically the entire East, which has 282 votes. The North Central States have 334 votes, of which Smith in 1924 received 121. He will have to cut heavily into this bloc of 334 votes if he is to be nominated. The three Pacific Coast States have 50 votes, which were solid for McAdoo in 1924.

The Mountain States have 60 votes. 9 of which went to Smith in 1924. The South, with its 334 votes, will break this year as it did not in 1924. The Smith people figure that over 100 Southern votes already are in sight for Smith. Need 734 Votes to Nominate.

The vote required to nominate is 734. The Smith supporters do not pretend to claim that this vote is already in prospect. Nobody has been able to figure out where the break is coming that will roll up this two-thirds majority for Smith. 'The Smith strategy is based on the aszumption that if Smith reaches beyong a simple majority, he can be held at that high level until Southern opposition caves in. A good deal will depend on what Western dry States.

If Senator Montana, an ardent Dry, makes in showing Senator Walsh of a Walsh gets any considerable number of Western delegates, the "favorite son" movement in the South may prove formidable. It would be possible for pro-Walsh delegates to combine with the "favorite sons" to block Smith's nomination. If the South remains tied up to the various second-string candidates, and if Walsh is able to make any kind of showing, it may be that 367 votes can be held together against Smith, which would defeat him. Six Held for Alleged Theft Of $19,350 in Securities Five men, said to have been responsible for the theft of Union Pacific stock certificates worth $19,350, were In Police Headquarters last night after Sheir alleged leader, Irving Schoenverger, a jeweler, of 50 W. 111th st.

Manhattan, had been arrested in Wall st. with the securities in his possession. Schoenberger denied responsibility for the theft of the securities, insisting he had purchased them from a Mr. Rogers Phillips, he could not be sure which. They disappeared from the office of Colvin at 14 Wall on Feb.

29. Schoenberger was arrested after a number of Wall st. concerns had reported to the police that the missing certificates had been offered to them for sale. Civil War Vet, 85, Takes Bride, 70 Conclusive proof that Dan little guy in the world, is shown by 85, a Civil War veteran. George aged 70.

They were married the house, Cincinnati, Ohio. Both married before and have children, children living. Here is the new domestic harness. CONVICT RETRACTS CONFESSION THAT HE KILLED KEEPER Declares in Court He Changed Story, Protecting Two Pals, After "Third Degree." Trenton, N. March 29 (AP)- Charles Sullivan, State prison convict, today retracted his "confession" of slaying Joseph H.

Tinney, a deputy keeper, on the morning two other prisoners, Harry Baxter and Frank Wunkowski, attempted flight. Baxter and Wunkowski are being tried before Supreme Court Justice Trenchard and a jury in Mercer Court for the murder of the guard. On stand late yesterday Sullivan admitted that he smuggled four guns, dynamite and 200 rounds of ammunition into the prison by carrying it in his boots when he returned with other prison laborers. Prosecutor English rose as soon as court convened and announced that one of the witnesses wanted to change his story. Harvey Knight, counsel for Wunkowski, objected but was overruled.

Thereupon Prosecutor English asked point-blank: "Did you fire the shot?" "I said I fired a shot," Sullivan replied. "I brought in all the stuff and I wanted to take the blame myself." "Did you fire the shot?" he was asked again. "No, sir." "When did you decide to change your story?" Knight asked Sullivan. "Last night. I was called out of my cell.

There were eight men there and I had to go through the third degree?" Sullivan said the men were Prosecutor English, Head Keeper Murphy, Dr. P. B. Means, hospital physician; Chief County Detective Kirkham and other de detectives. "What did the third degree consist of?" he was then asked.

"They asked me about the case all the way through." "You don't call that the third degree?" Knight interrupted. "I was asked some questions," he replied. PLA. Vallen, Restored to Duty, On Trial for Fighting Fire Capt. Max Vallen of Engine Company 225, located at 1369 Rogers who was suspended on March 21 last for fighting in the fire house, was restored to duty at 9 o'clock this morning.

placed on trial in Fire Headquarters in Jay st at 11 o'clock Fire sioner Joseph M. Hannon. Cupid is a most indiscriminating what he did for George W. Lytle, took unto himself a blushing bride, other day at the Cincinnati Courtbride and bridegroom have been grandchildren and great-grandMrs. Lytle putting her husband i in Leads H.

S. Arista Dorothea Struss. Another laurel was added to the achievements of Miss Dorothea Struss, 415 St. John's at Girls Commercial High School, when she was elected president of the Arista League. Miss Struss is editor-inchief of the school magazine and is secretary of the senior class.

Forty-two new members were installed in the league at a recent meeting. Their names follow: M. Fuchs, G. Hirsch, B. Kaufman, H.

Mochrie, E. Leo, A. Altman, J. Shordone, F. Seiders, K.

Blake, G. Bogin. M. Brown, S. Cantor, E.

Carey, F. Fagon, S. Frank, H. Goldman, A. Goodson, M.

'Harrington, A. Myerson, L. Pigott, E. Rasmussen, D. Yanoff, M.

Bahley, A. Belikow, G. Farra, P. Fontana. A.

Galgano, F. Yanowsky, E. Miller, H. Pollack, A. Quartin.

M. Schobel, M. Zeiders, G. Silverhart, H. Bryant, E.

De B. Vestern, D. Downs, M. Laird, F. Goldberg, Jacobs, H.

Jacobson. He Pleads Guilty; Vause Orders Gun Trial A poorly dressed youth shuffled into the County Court today and said, "I plead guilty. I don't know anything about this case, but I'm broke and have no friends. I might as well get it over with." He was Joseph Stanley, 25, of 129 Berry found indicted after in police alleged they "Why did a revolver have this his coat. you gun your pocket?" asked Judge Vause.

didn't and I don't know anything about it," Stanley insisted. "Well, I'm not to let you plead guilty if you think you are innocent," said the Judge. "You'll be given a lawyer and a fair trial." Judge Vause set the case down for trial next week. Today's Big News By H. V.

KALTENBORN Mussolini Meets His Match in the Church of Rome Following the Vatican's protest against Mussolini's tyrannization over German Catholics in the annexed part of the Tirol Pope Plus has spoken with even greater directness against Mussolini's monopoly of Italian education. Mussolini has not failed to reply. As a result relations between Vatican and Quirinal are more strained than they have been since Mussolini's march on Rome. This crisis follows shortly after word came from Rome that the anclent quarrel between the Papacy and the Italian State was to be settled by a compromise. It probably the Pope's answer to the premature announcement of such a settlement.

On several previous occasions when settlement rumors were launched it has always been the Vatican and not the Italian Government which has denied their accuracy. Mussolini's conservative, autocratic nationalist policy pleases many Catholic leaders of Italy. They see the answer to the post-war tendency toward radicalism in politics and atheism in religion which swept over Italy in the years preceding the Fascist revolution. They have done their best to reconcile the Vatican with the Fascist regime. Why not, they argue, utilize Mussolini's opportunist, temper to end the quarrel which began in 1870 when Italian troops seized Rome and the Pope became 3 voluntary prisoner? But the shrewd veteran statesman who directs the political policy of the Vatican has steadily resisted Mussolini's blandishments.

The restoration of the privileges of the Catholic clergy and the replacing of the crucifix In Italy's public schools have been ac- 101 DIE IN BATTLE IN MEXICO: TWO PRIESTS ARE SLAIN Chieftain Killed, Wounded in Crushing Defeat of Insurgents. Mexico City, March 29 patches from Irapuato, Guanajuato, today said 92 insurgents, two Catholic priests, the chieftain Romingo Anaya, two army officers and four soldiers had been killed in the bloodiest battle which had occurred since the insurgents became active. Forty insurgents were wounded and 47 captured in the fighting, which occurred at San Isidro Ranch near San Francisco del Rincon Tuesday and Wednesday. Gen. Genovevo Rivas, commander of the 43d and six soldiers were also wounded.

Military authorities declared that the battle dealt a death blow to the uprising in the State of Guanajuato. One hundred and eighty horses and 67 rifles were captured from the antigovernment forces during the combat. Insurgents Strongly Fortified. The insurgents, who numbered 300, fought desperately for 29 hours under Chieftain Anaya and the two unnamed priests against the 43d Regt. The insurgents were strongly fortified in the San Isidro Ranch, but were gradually driven out of the various buildings as the fighting progressed.

The combat started at 7 a.m. Tuesday and lasted until Wednesday noon, when 47 insurgents surrendered after a final attempt to break through the ring of Federal troops surrounding the ranch. SURROGATE GETS BULK OF ESTATE OF GEN. WINGATE Continued from Page 1. inherit the principal when they become of age.

To his other son, Charles G. Wingate of 26 Remsen General Wingate left a one-third share of his residuary estate in trust, the direction that the principal shall not exceed $20,000. The executor is instructed to pay him such part of the principal as may be necessary for his support. Restricts Bequest. In restricting wrote: the gift to his son.

the testator have limited the bequest to my son, Charles G. Wingate, as hereinabove provided, for the reason that he has already received from me much more than I have given to his brother or sisters." To his daughter, Mrs. Mary H. W. Lloyd of Haverford, the General left one of the paintings in his residence.

To her children is left $500 each. In making these bequests, the General said in his will: "I make these limited bequests merely as a token of my regard and affection and on account of the fact that my daughter and her sons will, at the time of my death, be much better off than any of my other children or grandchildren." Asked today if the gift of his father's law practice to him would cause to resign his position as Surrogate to carry on the business, the Surrogate said he did not care to discuss it at this time. It is understood that the business will be carried on by General Wingate's partner. Inquiries today at the Surrogate's office as to the extent of the General's real and personal property failed to elicit further information than the conservative estimate made in the petition for probate. It was said no better estimate of the value of the estate could be given until the appraisal necessary for the transfer tax has been made.

Other Bequests. Upon the death of the son, Charles G. Wingate, one-half of the remaining principal is to go to his wife and the remaining one-half to a granddaughter, Grace W. Wasson of Schenectady, that N. share, who and receives another twogranddaughter, Marjorie W.

Green of Rock, N. who receives the other one-third. Grace W. Wasson also receives $1,000 and George W. Wasson, another grandson of Schenectady, $500.

A sister, Hannah S. Wingate, of 7 Lefferts is left 10 bonds of the Brooklyn Union Elevated Railroad Company, with a total par value of $10,000, in trust with the direction that upon her death, the bonds pass to the Underhill children. General Wingate's secretary, Julia I. Atkinson of the Dean st. address, is left $5,000 "as a slight recognition of the valuable and efficient services which she has rendered to me as my secretary." To "my partner," Conrad S.

Keyes, who is in charge of the New York office of Wingate Cullen, the will leaves a sapphire ring "as a token of my warm personal regard." To "my partner," Cyrus S. Jullien, who is in charge of the Brooklyn office, is left a painting from General Wingate's residence. To each of the General's employees who have been with him for a year or more is given the right to select any of his books in his home that they may desire for themselves. The witnesses to the will--a 12-page document -are Dr. Herbert C.

Allen of 171 Lefferts Frederick de Figaniere of 28 Rutland and Percy T. Stapleton of 153 81st the Surrogate's secretary. Oldest Odd Fellow Will Be 94 Tomorrow Hammonton, N. March 29-Willlam Bernshouse, the oldest living Odd Fellow in the world, and who built the first hotel in Atlantic City and some of the first homes to be erected here, will celebrate his 94th birthday anniversary tomorrow at the home of his daughter, Mrs. Salonia Goforth.

in Hammonton. Mr. Bernshouse has been a member of M. B. Taylor Lodge, F.

A. of Hammonton for over 50 years. His wife, whom he married in 1863, is 88 years old. Mr. Bernshouse was born in Prussia and came to this section of New Jersey when there was no railroad here.

He still is active. WILLIAM L. CHAPMAN DIES IN FLORIDA William L. Chapman of 225 W. 86th Manhattan, former well known Brooklynite and secretary a of old Merritt-Chapman Derrick and Wrecking died today at Daytora Beach, according to telegram received at his office in Manhattan today, Mr.

Chapman was born in Brooklyn, the son of the late William E. Chapman, who founded the wrecking concern. He is survived by two sons, his brother, Isaac E. Chapman, and a sister, Mrs. F.

H. Buchanan, who lives here. Father of Inferiority Complex Says U.S. Women Lead Talk, But He Does All the Talking By MARJORIE DORMAN. Dr.

Alfred Adler of Vienna, world famous as the "father of the inferiority complex," today agreed with Count that women dominate America. Seen for a few minutes before leaving for Chicago, Dr. Adler, who returns to Vienna in May, declared women dominate here because they were once in such a minority in the United States that now they have gained the upper hand they have decided never to relinquish it. "Competition between men and women is in all countries like a race." said he, "and in this country, because woman nears her goal, woman exaggerated in her actions than elsewhere. Says Women Imitate Men.

"Those of your sex who suffer froin an inferior complex in regard to the opposite sex prove it by imitating man's vices- such as drinking and, in less degree, smoking. Women conscious of failure take refuge in a useless superiority complex or they cop; man in the externals. "The worth and importance of mothers is recognized here as nowhere else. With many more opportunities for all, the striving very great here. I do not think it is injuring women.

In countries which lack your great opportunities it is useless. Versatility Possible in U. S. Woman here has more ways of expressing her personality than the European woman. America's marvelous growth of cities has given special home conditions apartments, no housekeeping--and therefore your women are into carrying on their lives outwardly.

Dr. Adler speaks rapidly and his English is so broken it is difficult to understand him. He is short, thickset, with a small mustache, protuberant lips and keen, gray eyes. Like most thinkers, he writes far better than he speaks. His mind works so rapidly speech handicaps his remark- mental range.

No Place for Papa. "To be occupied in social work, in business, in writing--such is the modern woman." he added. "No, certainly, it will hurt her. Biologically she will take care of herself and the race. The home life gives woman bigger place man because he, even more than she, is engrossed in business, to her not only the home cultural fields.

Amerileaving, can women are the supporters of art, literature and culture, generally, more they, you Europe's." think man- queried the interviewer. But, as with Count Keyserling, man was not to get much attention. "Your women are far better speakers than your men," continued Dr. Adler, paying no attention to man. "The women here find it no task to lead conversation.

Man listens. In Europe man has to take care of the talk." But Dr. Adler refused to let a woman get in a single word at the interview. "Do you The interviewer gave it up. "Also in beauty, striking beauty.

what an interest your women take!" he interrupted, saying American women exaggerate, because men will not admit their equality. Who, the interviewer meditated, was the remarkably conversational woman who had given Dr. Adler the impression that women dominate in conversations in the United States? CROPSEY ATTACKS KINGS DOCTORS ON INSANITY PATIENTS Continued from Page 1. sideration. He seemed to have cleared up, Cropsey announced he wouldstice him another chance to keep away from booze and straighten himself out.

"Suppose he hurts somebody, and then it will be too late," commented Dr. Blan. "Well," shot back Justice Cropsey, "many doctors make mistakes, too, and sometimes give wrong medicine to their patients, but we can't all the doctors on that possibility. What is the matter with his man?" "A Lot of Funny Stuff." "He hasn't got the insight into his condition." said Dr. Blan.

"Half the people in the world, then, must be insane. Try something else. I don't send people away on the mere say -so of a doctor." "This case was examined by Drs. Hiram Elliott and William said Dr. Blan.

"Yes, I see. Their names are on a lot of paper certifying people as insane that I turn loose. It's a lot of funny stuff they write on this paper but it doesn't mean anything. I am going to give this man another chance." said Justice Cropsey, with an air of finality, The man's wife spoke up. "What about support? This man hasn't supported me." She had asked previously that he be committed, saying she did not want his pension.

"May Not Be So Crazy." "Well," answered the man on the bench, "perhaps he is about right in the comments he has made about you. he's not so crazy as you think." Another, a handsome youth, who spoke rationally and with intelligence, was allowed to go to Washington, D. with one of his two pretty sisters while another thought he should have been committed "for a rest." The youth disclosed that a family of refinement had been divided by dissenHe said that he had remained with a male friend overnight without notifying the folks and they thought he "was going to hell fast." One sister said he had declared that her physician had given her "improper medicine." There was a case with which Dr. Blan was not familiar. don't know." he said.

"I think we should have the examiner who handled it here to explain." Can Do Nothing About It. "I think so, too," said Justice Cropsey. "Will you order him here?" "I should say not. They run that hospital just about as they please and can't do anything about that." Justice Cropsey also heard Warren Lee, attorney for the family of William Edgar Baldwin, 21, severely denounce the authorities of Kings Park Hospital. William was first committed April 21, 1927.

On May 1 a keeper took him to Atlanta, his home town, and gave him into the custody of a young sister. In July William came back to New York and again "became menacing toward the members of his family who live here." Pleads With Cropsey. enTbee. 19 the to boy Kings was Park committed State again Hospital, Again, on Jan. 19, a keeper Weds Housing Chairman 7 Aline MacMahon.

Aline MacMahon, star of "Maya," the show which closed recently after it had come under the scrutiny of the District Attorney's office, was married Tuesday to Clarence S. Stein, former chairman of the State Housing and Regional Planning Commission, it was learned today. Marriage will not interfere with her stage career, Miss MacMahon, a Barnard graduate. told reporters today in her apartment at 796 6th where the couple were packing up preparatory to a trip abroad. Mr.

Stein is assorated with the architect firm of Kohn Butler, in Manhattan. FALL TO 'TELL ALL' ON OIL DEAL TODAY TO TRIAL LAWYERS Continued from Page 1. were executed for the best interest of the Government. "I believe the Teapot Dome leases were made for the protection of the Government and unless the trritory was drilled the Government reserve oil would seep off into adjacent territory was being drilled by private concerns." Fall said defense of the leases obtained by Sinclair. He also declared his bond transaction with Sinclair a legitimate business deal.

The deposition hearing was scheduled to open at 2 p.m., shortly after Senator Pomerene was due to arrive from the East. Early Strawberry Crop Doubled, Says Bureau Chicago, March 29 (P)-It is cially suggested that early berries may be nearly twice as plentiful as last spring. Reports today from the Government Bureau of Agriculture Economics add this: "The strawberry crop in Louisiana is forecast as at nearly 37,000,000 quarts, as compared with 17,000,000 last year. Heavier I production is accounted for by heavier indicated yield per acre, which is twice the yield harvested in 1927." Increases are forecast, too, in other early States--Alabama, Texas and Mississippi-with the Texas output almost doubled. Alimony Protective Club Asks Gasteiger Hearing The Alimony Payers' Protective Association made public today a communication sent to Supreme Court Justice Fawcett, who today returns from a vacation in the West Indies, reminding him that John G.

Gasteiger, after serving 11 months in jail for nonpayment of alimony, faces being returned to jail, on April 5, when he must show cause why he has not filed a $5,000 bond. This bond is claimed as insurance against his failure to pay alimony of $60 a week to his wife. Saying Justice Cropsey has just heard a dozen lunatics before he committed them, the statement said, "We trust you will Mr. Gasteiger a chance to be heard before you send him to jail, because he is too poor to support a wife in luxury." PHILLIPS MILLIONS FOUND IN CANADA BANK, SAYS KLEIN $2,000,000 Removed From Here Discovered in Son's Name, Is Charge. The $2.000.000 in cash and securities which John M.

Phillips, the big pipe and sewer man in the Queens scandal, is alleged to have removed from Long Island City banks several months ago has been located in the Montreal Safe Deposit Company, in Montreal, Canada, Henry H. Klein, counsel for Alderman George U. Harvey, who filed the original charges against Boro President Connolly, announced third morning. The cash securities were deposited in the name of Phillips' son, Francis, said Klein. Denied Montreal Visit Recently.

Several months ago Klein reminded interviewers that Phillips and his vanished for a few days from sinter the city. When questioned on their return, Phillips, insisted had not been in Montreal, as had been reported, but in Quebec watching the winter sports carnival. However, Klein said, investigation showed that Phillips and his son had gone to Montreal, registered at the Mount Royal Hotel there as John and Francis Martin, and had taken the funds to the bank where the securities were deposited in a safe deposit vault rented in the son's name and the cash deposited to the son's credit. Connolly Gets Notice. Boro President Connolly today had received, through his counsel, Max D.

Steuer, official notification from Commissioner Clarence J. Shearn of the opening of the public hearings into the Queens sewer scandal in the Queens County Courthouse on April 9. The notice, complying with the law that the accused Boro President must be given eight days' notification, was served on Steuer late yesterday. Meanwhile the first service of the five missing witness subpenas was effected yesterday on Thomas Cassidy in Washington, where, it was understood, the alleged lieutenant of was seeking to discuss his chief's income difficulties with the Treasury Department authorities. Attempt to Serve Phillips.

Cassidy, if he ignores the subpena, faces seizure by the State of his property to the extent of $100,000, according to the recently enacted amendment to the Civil Practices Act. Attempts will be made today in Miami, to serve Phillips and three other missing witnesses believed to have taken refuge in the winter resort. Assistants on the staff of Emory R. Buckner, counsel to the Governor's investigator, yesterday examined 20 temporary employees in the Queens boro government. took him to Atlanta and again gave to the custody of sister, a mere girl.

That time William racing in his motorcar hit a pole and landed in a hospital. After that he returned here and now he is in again. Lawyer Lee thought he should be committed to a different place. "Central said Justice Cropsey, laconically. "Please, Judge, don't think I'm a bad character because I am in a straitjacket," pleaded William.

"Oh, no," said Justice Cropsey. hospital has a purpose in doing that. I have a little sense, too. It seems your mother thinks you should have hospital treatment and when you get better you will be released." MRS. ALICE A.

LAWRENCE of 513 53d st. died yesterday. She was born in Brooklyn and lived in Bay Ridge for 35 years. She ie survived by her husband, Dudley Lawrence; two daughters, two sons, her parents and two sisters and two brothers. The fitneral will be held Saturday afternoon at 2 o'clock, with interment in Evergreens Cemetery.

Court of Appeals Decision Upholding Zoning Law Big Victory for Owners Here The decision of the Court of Appeals yesterday holding that zoning resolutions cannot be modified or varied by the Zoning Board for the benefit of a single property owner who has acquired title with the knowledge of the residential character of a given district was regarded today as a signal victory for property owners in this boro who have persistently fought attempts to change zoning regulations for the advantage of an individual or corporation. Ends Three-Year Battle. The decision brings to a close a three-year battle of residents of the Murray Hill section of Manhattan to prevent the construction of an apartment building on the southwest corner of Park ave, and 40th launched by Fortieth Street and Park Avenue, a realty organization, in April, 1925, which appealed to the Board Standards and Appeals after the SitI perintendent of Buildings had refused to sanction the building 011 the ground that it would be a legal invasion of a residential district under the zoning resolution. The board granted the appeal and the fight was carried into the courts when the property owners obtained in the Supreme Court a certiorari order for raview of the decision of the City Board. The Court of Appeals yesterday sustained the Appellate Division in upholding the Su- I preme Court order.

Similar Case in Flatbush. An identical case is now pending in the courts in this boro, in which the Board of Standards and Appeals granted the application of the J. P. Carey Realty Corporation for permission to erect an apartment house on the northeast corner of Cortelyou rd. and E.

18th in the highly restricted Beverly Square section of Flatbush. A large group of objectors in the district (which is built up with handsome detached houses) attended the hearing that preceded the decision of the board. Their spokesman was former Commissioner of Accounts Leon- KARLIN, IN JAIL. AGAIN FIGHTS TO END CHASER PROBE Appellate Division to Hear Plea Tomorrow That torney Is Illegally Held. I cepted as minor concessions of no particular importance.

Even when Mussolini, who used to delight 111 cursing God on the lecture platform and then inviting divine punishment, bent his knee before the symbols of the Church he remained suspect. Cardinal Gasparri, who has presided over the foreign relations of the Church of Rome under several Popes, remains unresponsive 'to Mussolini's offers. The plain speaking of Pope Pius on Sunday, when he charged Fascism with showing contradiction or ignorance of the most elemental and most noteworthy pedagogic principles" and declared himself "pained and grieved" at Fascism's complete pedagogic plan, "tending to a veritable monopoly of juvenile education, not only physical but moral and spiritual," has been attributed to the Gasparri influence. True to his militant temper, Mussolint has refused to accept the Pope's rebuke in silence. He replies with a threat.

If the Catholic Church dares object to what has already happened it may soon have to face the suppression of the few remaining Catholic organizations for the education of Italian youth. "To this threat there will be no lmmediate reply. The Vatican is never in a hurry. Mussolini is, looks For back the Church of Rome, which on twenty centuries, "tempus fugit" does not have the same meaning as for a Dictator who has vaulted from anarchism to autocracy, from atheism to piety, with the speed and versatility which opportunism decrees. In the Church of Rome Mussolini has met his match.

It would be quite in keeping with Italian historic tradiI tion if it proved his undoing. Alexander Karlin, attorney, now 1 in jail for refusing to answer questions in the Manhattan ambulance-chaser probe, will make another attempt tomorrow to throw the entire citywide investigation upon the scrap heap. Through his attorney, Abraham Tulin, he will argue before the Appellate Division of the First Department that, since the Court of Appeals has not yet expressed an opinin which probe is being conion as to legality of the manner thee ducted, he is languishing in prison in violation of his constitutional rights. This same Appellate Division was the first to order an ambulancechasing investigation in the city and directed the manner in which it was to be conducted. And last Tuesday it denied Karlin's application for a stay of commitment pending appeal.

Step Toward Higher Appeal. Therefore Karlin is not hopeful of tomorrow's result. It is merely a necessary step in getting his case before the Court of Appeals at Albany. Tulin, Karlin's counsel, has lost no opportunity during the various court arguments that have taken place to declare that he has the "highest respect" for the Appellate Division and that the investigation is "unquestiorably a laudable inquiry of lofty aims and purposes." But, he insists, it is being conducted in' a "roughshod" manner. Despite, all his expressions of sympathy with the purpose of the probe, the investigation both in Manhattan and Brooklyn will be crippled if Karlin wins in the Court of Appeals.

Rebuke by Judge. Both the Bar and the Bench are anxious to remedy an evil which has cast a blot upon the legal profession. Yet last Monday, just before Justice Mahoney dismissed the writ of habeas corpus under which Karlin had tained temporary liberty, Tulin declared his client felt he was doing a great service to the Bar and to the law by making a test. This brought the comment from Justice Mahoney that Karlin was "putting himself in a bad way." "Here was a chance for him to respond and give his aid in this important investigation," he declared. "I regret he did not see fit to do so." Karlin would not be in jail and his name would not have been made public now in connection with ambulance chasing if he had testified at the private hearing.

According to Isidor J. Kresel, chief counsel in the Manhattan probe, Karlin has "hundreds" of negligence cases on the court calendar. If he had consented to explain these cases and had satisfied the investiga-. tors that they were not obtained' through an -chasing system, then Karlin's name would never have been made, public in this vestigation. however, a case had been made out against him, all the facts would have coine out eventually in the public hearings in court.

Chasing Probes Go On. Private hearings are being continued today both before Supreme Court Justice Faber Brooklyn and Justice Wasservogel in Manhattan. Meier Steinbrink, chief counsel for the Bar Association in this department, is still tied up on a court case of his own and has not yet had an opportunity to pick his staff of assistants. By the end of the week, he said today, he expects to be free to give all his time to the probe. Meantime, the witnesses appearing before Justice Faber are being examined by former County Judge William R.

Bayes and former Federal Judge Edwin L. Garvin, the first two to volunteer as Steinbrink's assistants. Suffolk Women's Clubs Convene on May 1 The Suffolk County Division of the New York State Federation cL Women's Clubs will hold its annual meeting at Bay Shore in the Soldiers and Sailors Memorial Building, East Mains will on be an May all 1. day meeting. The hostess clubs will be Watchogue Chapter, D.

A. South Shore Wornan's Club and Bay Shore Library Club. MOTHER BADLY BURNED AS GASOLINE EXPLODES rad M. Wallstein and the first thing he did was to read an affidavit signed by former Boro President Lewis H. Pounds, charging fraud and misrepresentation in connection with a list of alleged property owners to whom notice of the filing of the application for the change of zone was sent.

The home of Mr. Pounds is located in the unmediate neighborhood of the plot intended for the apartment house. Fight Board of Standards Decision. Despite the objections, the report of the zoning board was unanimously adopted and the Carey Company's petition also went through with the affirmative vote of all. When it was all over Mr.

Pounds stated that the objectors would, if necessary, carry the case to the Court of Appeals, to have the verdict of the zoning board overthrown. The apartment house project has not started and the objectors are waiting for the next move of the owners of the site, before taking the matter into the courts. Oppose Rivers' Application. Proceedings were started in February of this year to exempt from the restrictions of the Zoning Law the property lying on the north side of Chuch between E. 13th and E.

17th in the midst of a highly restricted residential district with many handsome private homes. The proceedings were started by Mrs. Emma C. Rivers, widow of the late William Pitt Rivers, and owner of Chateau Buckingham at the northeast corner of Church ave, and Buckingham rd. When the property owners in the neighborhood received notice of the proposed change, objections were immediately filed with the Board of Standards and Appeals and a hearing was set for Tuesday but postponed 111- til next Tuesday, when a large delegation of home owners in the district will make strong protest against the application.

The Prospect Park: South Association is foremost in its fight against the movement to change the zoning regulation and had directed its president and counsel, George R. Holahan Jr. -to fight the invasion to the last ditch, Mrs. Naomi Yachnin, 26, of 1546 W. 10th is in da serious condition at Coney Island Hospital today with severe burns sustained when gasoline with which she was cleaning clothing yesterday was ignited by a pilot light on a gas range.

Her son, Stanley, 2, was also burned and taken to the hospital by Dr. Klein, who responded. Fire apparatus was called to extinguish the blaze. THE EA CAS IF BY MAGIC, THE CARES OF A LONG WINTER WILL DISAPPEAR. NO BETTER SPRING TONIC THAN A WEEK- END AT THE BERKELEYWHY NOT MAKE A RESERVATION TODAY for EASTER WEEK END BERKELEY-CARTERET HOTEL ASBURY PARK, N.J.

EUROPEAN PLAN.

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About The Brooklyn Daily Eagle Archive

Pages Available:
1,426,564
Years Available:
1841-1963