Chattanooga Daily Times du lieu suivant : Chattanooga, Tennessee • 1

1.. I A a GE(311Glit-ALA WEATHER a Il a Na. 111 a kl I 11 It 1 a United States Weathet Bureau I T.EN NESSEE WEATHER It 11111, GeorgiaFair. with slowly rista fellalle 1 Et lure Thursdays Friday lair and wanner. 1 I MabamaFair Thursday; Friday sartir tor 4., tit 1 1 0 0 cloudy.

warmer. t.t N-, 411 VP Ilk) A 1 1 I VOL. NO. 39. TREES CENTS mg CENTS ON Tivms PRICE: In Chattanooga.

and staid Chattanooga. 1 CHATTANOOGA, TENN. THURSDAY JANUARY 22 1931. i I 2 4 I I I I GEORGIA-ALA WEATHER limited State, Weathet Bureau GeorgiaFain with slowly elate tempera-lure Thursdays Friday lair and warmer. MahatmaFair Thursday; Friday Partly cloudy.

warmer. PRICE: TENN'EiSEE WEATHER uilitos Stelae Weather areas PorUcast.) Farr sad warmer Thursday; Friday- esestle eleudy. COMPLETE REPEAL NOW ONLY COURSE, CURRAN DECLARES SECOND BALLOT ON SCHOOL BILL SAVES PREMIER COMMITTEE HEARS STATE TO LOSE ABOUT $3,697,000 OF FUND IN CLOSED BANKS I I KS Urgent Appeal for Mercy Fund Made as Contributions Decline Previously reported $5,154.50 E. N. Gass 20.00 Unknown Millionaire 1.0'0 Timothy Dry Goods and Carpet company.

25.00 Romers' 2.00 Anne P. Rowell 10.00 Dr. J. W. Johnson 25.00 The Rev.

and Mrs. Charles R. Hyde 2.00 Previously reported E. N. Gass Unknown Millionaire Timothy Dry Goods and Carpet compar Romers' Anne P.

Rowell Dr. J. W. Johnson The Rev. and Mrs.

Charles R. Hyde 4 What the State Loses Gov. Horton, in a statement addressed to the people of Tennessee two weeks after his election and the failure of Caldwell la said that he had "very great hopes" that, through the efforts of the attorney-general, the state would lose "nothing" as a result-of the closing of several banks having large state deposits. The following figures show what the state of Tennessee will lose by deposits in four banks controlled by Luke Lea and Rogers Caldwell, as estimated by L. D.

Smith in his testimony before the legislative investigation committee yesterday: Bank Deposit Pct. of LAXSS Estimated Loss 92,905,589.85 657,503.74 64,198.95 70,59.02 Bank of Tennessee $3,418,341.00 85 Holston-Union $2.630,014.98 25 Holston Trust 256,795.80 25 Liberty Bank 352.965.11 20 .418,341.00 85 630,014.98 25 256,795.80 25 352,965.11 20 Totals $6,658.116.89 $3.697,885.56 The Bank of Tennessee is a subsidiary of Caldwell Co. Rogers Caldwell and Luke Lea were large stockholders in the Holston-Union and Dewitt Carter, vice-president of Caldwell was a director of the HOlston bank and the Holston Trust company. The state superintendent of banks, in a bill filed recently in Nashville courts, alleged that the Liberty bank was dominated by Col Lea and charged that Lea defrauded its stockholders and depositors by securing loans through the organization of dummy corporations. Total $5,239.50 Only $85 was subscribed to the Red Cross fund yesterday and there remains $8,760.50 to be subscribed before Chattanooga's quota of $14,000 is reached.

Dr. T. S. McCallie, local chairman of the Red Cross, yesterday added another appeal to the general public, stating that he is beginning to wonder if Chattanooga is to fail for the first time in responding to the needs of those suffering. "I am disappointed, and I am beginning to wonder if Chattanooga is going to fall down for tir first time in my experience, not only in a duty, but a manifest privilege," he said.

"I have just recieved a telegram from Judge Payne. national chairman of the Red Cross, which states that the appeal is growing every hour and every city that falls short in its quota means just that much suffering will be unprovided for." The local broadcasting station will broadcast an appeal tonight from 8 to 9 o'clock in the interest of the Red Cross campaign. The program will include addresses by Al Smith, New York Calvin Coolidge, Northampton, Will Rogers, from Little Rock, and Judge John Barton Payne, Washington, national chairman of the Red Cross organization. Between the speeches entertainment will be furnished. The broadcast will be received over both the Columbia and National networks.

Information of the program was received last night by Dr. McCallie. HINT AT IN WICE REPOW Chairman Dec Made N( REPLIES TO i BY "SOME i goover Procla of American Tydings by Sem WASHING'rON, Wickersham comm I statement callir foundation and statements that th fluenced the form report. The statement not been changed and that "at no ti in any manner at the recommendatii It, said statemen been published "in and that telegram bets of the comfy, the report might after the membel names to it. These telegranis newspaPers," the suggested "that su at the suggestion 1 These suggestior solutely false." The statement 'The attention i Inembers of the In law observance a been drawn to sewspapers that ti suaded this comre the last moment the revision of th ment.

These stal without foundatio the president in a to influence the this commimion. Reporth Character As "Absolutely Pa "Further sligges telegrams received commtmion from I the effect that a the report after it such change was tion of the presi A. false." The report with I airms for revision, of the Eighteenth up a new batch and brought fortt etre if the comn duly influenced in ion at the last Senator Tydings antiprohibitionist, ure calling for a termine how the i "conflicting whether advice we side. At the White Hc would be no state either of denial The combined tigned by ten of set forth a draft vision of the in front of it and were divi Six of the elevi their appended a favored either rei I least two refer HINT AT IN REPORT Chairman Made No REPLIES TO BY "SOME goovir Proclaimed of American Tydings by Senate WASHINGTON, Wickersham I statement calling foundation" and statements that the the report. Tbe statement not been changed and that "at no in any manner the recommendations It, said statements been published "in and that telegrams of the the report might rafter the members names to IL These telegranis, newspapers," the suggested "that at the suggestion These suggestions false." The statement 'The attention Inembers of the law observance been drawn to sewspapers that this the last moment the revision of the These without foundation.

the president in to influence the this commission. PApor eh a ra As "Absolutely "Further stiggestions telegrams received commission from the effect that a the report after it such change was of the InLge." The report with for revision, of the Eighteenth up a new batch and brought forth If the influenced at the last Senator Tydings antiprohibitionist, calling for a how the I "conflicting whether advice was At the White would be no either of denial The combined tsigned by ten of set forth a draft of the in front of it and members were divided Six of the eleven, their appended favored either at least two referred 1 NCHED i 4 Esti. 11 to I I tt. jt 3 3ANKS Te suited CE Reveals Act -4 -At ty-Gen. the Joint 0 ittee as its today re- state to of its banks.

letter ad. Horton on the state of 15 per in the of I dorela49 realize a National cent. of 'rust coment. of its Bank and St ioned by told how given au- for Mate ion passed )f the 1929 he inter- le funding 1-. te certain ones, but Ilified de- I and comp, 1 tid, an act of the funding $10.000,.

This act of finance the he said. 'al act was )ner of fi)oard as a 1 consulted from Gov. 11 raordinary said that on he had prepare it o' technical employed for Cald- -He said nt of Mr. tax legisf 4 Mr. Nor.

IS services. 1 hether. Mr. zl relating to -r! Faulkner tnection at Mr. Smith not have orvell is a a 4ormer Ban 4 extra sea.

'er waa the funds and uty of de- 1 4 approval continued ft Smith was examina. 1 Vete cham- crowd as and. one phase asking you respect to It 1 Aa LAUNCHED Esti. Bank to BANKS CENT. Reveals Consulted Act the joint as its today state to of its banks.

letter ad. Horton on the state of 15 per in the subsidiary of would realize $2,630,014.98 National cent. of Trust cent. of its Bank and questioned by told how given for Mate passed of the 1929 he funding certain but qualified and said, an act of the funding $10.000. This act of finance the act, he said.

act was of board as a consulted from Gov. extraordinary said that, he had to prepare technical employed for He mid of Mr. tax Mr. Nor. his aervices.

whether Mr. relating to Faulkner connection at Mr. Smith not have Norvell is a a Jormer Bar4asso. extra sea. was the funds and duty of approval continued Smith was crowd as stand.

one phase asking you respect to control, de. i WASHINGTON, Jan. 21 (W). Henry H. Curran said tonight the Association Against the Prohibition Amendment is opposed to any change in the prohibition laws except outright repeal.

Curran, president of the organization, in a statement commenting on the Wickersham report, asserted that "to restore to the American people in the several states their ancient right of home rule in the policing of their personal habits of life, the repeal must be complete. "Any 'revision' that puts power In congress 'to prohibit or to regulate' is only a denial in a different form of the home rule that is esZential to free us from the dangerous difficulties in which we are now involved," he said. "The instant rejoinder of President Hoover to the painstaking report of his commission creates a situation so serious as to compel the anxious concern of every thoughtful American. "This is because the point of the report is itsinsistent finding of the fact that the prohibition amendment is unenforceable because such a great and growing portion of the American people look upon it with hatred and disobey it with a clear conscience. "Throughout the 80,000 words of the commission's report and the dissenting individual reports put in by every one of the eleven commissioners there runs the thread of regretful realization that this Eighteenth amendment to our constitution cannot be enforced.

Any slight hope to the contrary is found to repose in the breast of Grubb alone." ROOT MAKES PLEA FOR WORLD COURT One of Protocol Authors Ex. plains Provisions. Says Any Decision Must Be Ratified by United States to Be Binding. WASHINGTON, Jan. 21 Root told the senate foreign relations committee today that the revised protocol for American adherence to the world court preserved unimpaired the reservation stipulated by the senate five years ago.

For almost three hours America's 86- year-old jurist and statesman explained and defended the revised protocol which he helped to draft at the suggestion of Calvin Coolidge to break the deadlock existing between this nation and other powers over the senate's reservations. Before a crowd that overflowed from the spacious committee room, Mr. Root concluded his analysis with a vigorous plea that America participate in the court as a contribution to the future peace of the world He pounded the table and raised his voice to emphasize his plea. After making an uninterrupted statement of more than two hours, Mr. Root submitted to questions by doubtful committee members.

He parried with his Interrogators willingly and only once did the throng of women break the injunction of silence which Chairman Borah had imposed. Senator Reed who said he has not determined his attitude on the modified world court protocol. led in the examination given Mr. Root. a former secretary of state and former member of the senate.

Reed expressed doubt that the revised protocol had not impaired the reservation of the senate that the world court should not render an advisory opinion in any controversy which the United States has. or claims to have, an interest. without first receiving the consent of this government. Mr. Root replied that under the new court rule the United States has an "absolute veto power" over advisory opinions affecting it.

Reed said Mr. Root took a broader view, then, than that held by Secretary Stimson. Borah, an outspoken foe of the court, Inquired of Mr. Root "if there is any circumstance under which the court may render an advisory opinion affecting the United States, without the consent of the United States?" "I don't think so." was Mr. Root's reply.

"The senate's reservation stands unimpaired by the protocol?" asked Senator Johnson another foe of the court. "Yes. sir." replied Mr. Root firmly. Mr.

Root explained that two obstacles stood in the way of acceptance by other powers of the senate's reservations regarding advisory opinion. "First," he said, "in the asking of advisory opinion of the court the assembly and the counsel of the League of Nations would be obliged to proceed in ignorance- of the attitude of the See Pare Three. CHANGE WICKERSHAM DENIED Declares President Request. QUESTIONING NEWSPAPERS" Champion Home by Drys Asks Inquiry Body. Jan.

21 (41). The commimion tonight issued "wholly without "absolutely false" president had influenced formations of parts of its said the report had after it was signed time has the president attempted to influence of this commission." to this effect had certain newspapers," received members comMimion had suggested have been changed had signed theit sent by "various statement said, also such change was made of the president." were declared "absolutely said: of the chairman and national commission on and enforcement has statettenLs in certain the president had persuaded COMMIRS1611 to abandon at recommendations for Eighteenth amendment. statements are wholly At no time has any manner attempted recommendations of terized False." embodied in by members of this various newspapers to change was made in was signed, and that made at the suggestion president, are absolutely Its varying concluairMS repeal and retention amendment churned of controversy today a resolution to inetre commission had been unduly into changing its opinion minute. a democratic introduced a measure senate inquiry to determine commission arrived at conclusions" a received from outside. House, it was said statement On the or of affirmation.

COMMISSIOn report, the eleven members. of a suggested revision amendment with an "if" a statement that the in opinion. however, said in statements that they revision or repeal and to revision as if the full commission waa understood by them to approve of it. COMInisigion Silent On Manner of Findings. A silence as baffling as that which bid the long deliberations of the commimion shut out any peep into the manner by which the conclusions wert drawn up.

In Richmond, Henry W. Anderson, who presented a proposed substitute for the present system of prohibition. said the report as a whole 'favors modification of the Eighteenth amendment." Judge William S. Kenyon. in St.

Louis. issued a statement joining Chair-Man Wickersham in denying that Mr. Hoover had influenced the commission In formulating its report. Much discussion in Washington also centered around the political effect of the president's definite stand against repeal or revision. Staternehts came from two prohibition organizations saying those favoring Prohibition would "rally to the standard which the president has raised." One, from the board of temperance.

prohibition and public morals of the Methodist Episcopal church. said the president "has aligned himself squarely behind the American home." The other, from Mrs. Ella Boole, president of the Women's Christian Temperance union, said his message removed "all doubt of where he stands on prohibition and at one courageous stroke has rallied behind him the united strength of the drys of America." speaking as an individual and not as chairman of the republican national committee, indicated he expected Mr. Hoover's stand on the Wickersham report to be his stand In the presidential campaign next year Re added, however, that he had not the report with the president. The same constructions were placed Upon the president's message by a democratic senator, Walsh, Walsh oPPcsed to prohibition.

The house, standing on the edge of controversy over increasing the personnel of the prohibition enforcement bureau, received a resolution from Representative LaGuardia (N. an anti-Prohibitionist, caning fel; a congressional investigation "to give the public the whole story" of prohibition. The New Yorker also introduced a pleasure to amend the constitution to give congress the power to regulate lisiUor traffic. 'rtbattor Smoot (Utah), a republican tionist, opposed a plan to lodge luth power in congress. He said if Deolitibition proved unenforceable, he woisld be wining to consider a plan for DENIES HE 'FRAMED' BAKER, AS CHARGED McCabe Offers to "Whip" Any Man Who Says It.

Commissioner Declares Story of Making Highway Head "Goat" Untrue. By Staff Correspondent. NASHVILLE, Jan. 21.Commissioner Charles McCabe said here today that he would whip any man who said that he was trying to "frame" Commissioner Robert H. Baker, of the highway department and make a "goat" of him by getting the highway head's commission from the governor.

The finance and taxation commissioner was indignant over publication of a report in The Times today stating that he. with Tom Greer, Shelbyville attorney. and others, had advised the governor to ask the road department commissioner for his resignation. The report has been circulated at the for the past few days. Yesterday, when questioned by The Times, Commissioner Baker declared that the governor had not requested his resignation.

The move against the highway commissioner was aid to have been made in order to put him in the spotlight and draw attention from others who are involved in the investigation that began here today. "I have not done anything like that, and if you will tell me the man who said it, I'll give him a whipping." Commissioner McCabe declared. When assured by The Times correspondent of publication of any denial he wished to make Commissioner McCabe said: "I don't care; do anything like that. but I will give the fellow a whipping who that if you will bring him to me and let him tell me that." Commissioner Baker, it Is reported, has assured his friends that under no circumstances will be resign his office under fire. Whether or not Gov.

Horton has considered "firing" the highway commissioner in accordance with the wishes of some of the governor's close friends was not ascertained. Commissioner Baker called at the governor's office this morning, but the nature of the conference was not learned. KENTUCKY TRIO FLEES AFTER WRECKING JAIL FALMOUTH, Jan. (A'). Evading transfer from county jail to Frankfort reformatory, three convicts battered their way to liberty here today by tearing bars from celL blocks and smashing a hole in the prison wall They have not been apprehended.

The trio consisted of John Stoian, 23. butcher; Fred Welch, 32, laborer. and George Shorter, 35, painter. All lived at Covington. They were tried yesterday and sentenced on robbery charges.

Less than twelve hours later they were seen to enter an automobile, which was traced as far as Grant's Lick, Campbell county where the trio were believed to have abandoned it and fled on foot. Stolan was sentenced to two years and Welch and Shorter to seven each. MacDonald to Stay Despite Defeat by 33 Votes. BILL CARRIED THROUGH BY TAKING AMENDMENTS Prime Minister Declares Issue Involved Not Vital and Does Not Call for Government Change. LONDON, Jan.

21 Minister Ramsay MacDonald's labor government was defeated by thirty-three votes in a division on the controversial education bill in the house of commons tonight, but some hours later carried the bill victoriously through third reading by 256 votes against 238a government majority of eighteen. Now the measure goes to the house of lords. The defeat had no immediate consequence for immediately after the division Mr. MacDonald annousiced to a wildly excited house that no big question of general principle was involved and that the government would carry on. The defeat came mainly as the result of the intrusion of a religious controversy into politics, for the division in which the government found itself outvoted, 282 to 249, was taken on an amendment to the education bill, moved by John Scurr, a Roman Catholic laborite.

This amendment called for the passage of an act giving financial assistance to religious schools before the main education bill is put into operation. The amendment was carried against the government. Mr. MacDonald later announced that the cabinet would accept the amendment and proceed with the bill. Shouts of "resign" were hurled from the conservative benches when the vote was announced.

After Mr. MacDonald had made It clear that he had no intention of doing anything of the kind, Winston Churchill, former conservative minister, spoke of the government's "humiliation" and said that Mr. MacDonald was the greatest living master of the art of falling without hurting himself. The premier, however, remained perfectly calm and the excitement soon subsided. For some time the amendment and the education bill itself have been considered sources of great potential ger to the government-.

The amendment particularly was bitterly opposed by the free Church elements in the house who have fought any augmentation of the authority of denominational schools. The education bill itself raises the age at which children may leave school from 14 to 15 years and authorizes grants to poor parents for children coming within the provision of the act. It was opposed by the conservatives as an "unwarranted sop" to parents. LLOYD GEORGE ATTITUDE BIG HELP TO MACDONALD LONDON, Jan. 21 Lloyd George, liberal chieftain, won a victory today over Sir John Simon and thus the majority of the liberals will not vote against the labor government whe- the trades disputes bill goes before the house of commons for second reading tomorrow.

The noted liberal lawyer and Lloyd George had been at loggerheads on many issues for months and today they were the principal speakers when the parliamentary liberal party met to consider its attitude toward the bill. Sir John favored killing the measure --and. incidentally, defeating the government on a major issuewhile Lloyd George favored drastic amendmentS in committee. Lloyd George won the day and the majority. at least, of the liberals will abstain from voting in the debate.

Sir John and a few of his followers, however, probably will register their ballots against the bill. PROPOSE SUSPENSION OF U. S. FORECLOSURES WASHINGTON, Jan. 21 (fn.Representatives Blanton (Tex.) and Hare (S.

today urged the house banking committee to approve legislation making it mandatory that federal farm loan and land bank foreclosures be suspended for a period. The two democrats said the farmers whom congress intended to aid with the farm board's revolving fund and the $45.000,000 appropriation for seed. and fertilizer loans are being deprived of their lands. They argued giving the banks authority to suspend foreclosures and extend loans was insufficient. The commission itseell proposed only one method of -revision." This involved abandoning the concurrent jurisdiction of the states and federal government and congress be given full power.

Many people who will see serious objections to that suggestion might feel that another amendment could be written as a substitute for the Eighteenth amendment which would better cover the case. Mr. Hoover himself is free to suggest such an alternative and take his place among those who favor "revision." Mr. Hoover could have transmitted the report with a general comment as to the many provisions that appeared to require immediate action and a further comment to the effect that there was plenty of time to consider what should be done in the way of revising t4e Eighteenth arnendment after a further trial of the improvements on enforcement laws had been made. This would have given an opportunity for him to make a study of public sentiment after the Wicker Se rate Thirteen.

11 go, INVESTIGATION Smith mates Caldwell Pay 15 Per Cent. LIBERTY, HOLSTON TO RETURN 75 PER Chief Legal Adviser His Office Not About Fund Board Passed at Called 1929 Session. NASH Jan. 21 L. D.

Smith, appearing before legislative investigating committee first witness, filed a report revealing that he expects the lose approximately $3,697.000 658.117 deposits in four closed The report contained a dressed to Gov. Henry H. Jan. 3, in which the attorney-general expressed the belief that would not recover in excess cent. on deposits of Bank of Tennessee, a Caldwell Co.

He added that the state about 75 per cent. of its deposits in the Holston-Union bank. of Knoxville; 75 per $256,795.80 in the Holston company, Knoxville, and 80 per $352.965.11 in the Liberty Trust company. of Nashville. The attorney-general.

Chairman Walter Faulkner, the state funding board was authority to approve depositories highway funds under legislation by the extraordinary session legislature. Mr. Smith said interpreted the act as giving the board authority to designate banks as qualified depositories, leaving the selection of depositories up to the treasurer comptroller. First 'Act Limited Lower Of McCabe on Board. At the acme session, be was liwtssed at the trvetrance administration, authorizing the board to borrow an additional 000 for highway construction.

included the commissioner and taxation as a member of funding board for that specific He added that another general passed adding the commissioner finance and taxation to the regular member. Mr. Smith said he was not when the bills were drawn. Chairman Faulkner read Horton's message to the session, in which the governor In order to expedite legislation employed special counsel bills which were of a highly na hire. Mr.

Smith said the governor W. E. Norvell, an attorney Caldwell 8g about Dec. 1, 1929. he approved the employment Norvell for the preparation of legislation.

Mr. Smith said he believed veil was paid $12,500 for He added he did not know Norvell prepared the acts the funding board. He was asked by Chairman if he knew Mr. Norvell's the time with Caldwell Co. "I don't believe I did," said.

"However, that would altered my opinion. Mr. very high-class lawyer and president of the Tennessee dation." Mr. Smittusaid prior to the sion of 1929 the state treasurer sole custodian of all state that upon him rested the depositing state funds, with the of the comptroller. The public hearings will be tomorrow afternoon.

Mr. asked to report for further examination. House Chamber Filled As Smith Takes Stand. The house of representatives' chamber was filled by an eager Smith took the "In order to lay a basis for of our examination, we are to advise the committee with certain laws regulating the posit and safeguarding of public funds and amendments to those laws," Chair. man Faulkner said.

Mr. Smith declared he was entirely at the service of the committee. "Will you advise the committee with HORTON INSTALLED FOR ANOTHER TERM Inaugural Ceremony Conducted by Legislatureh Governor Pledges to Continue "Principles and Policies" of Past Regimes. NASHVILLE, Jan. 21 Henry H.

Horton was inaugurated today for another two-year term and in a brief address pledged himself to work for the growth and development of Tennessee. "My beacon light has ever been the path of duty and in my official acts I have assiduously tried to keep within this path," the governor said. "My steadfastness to the principles and policies that I have stood for and advocated before the people of the state, I now reaffirm." Introduced at a joint session by Speaker Scott P. Fitzhugh, of the see, ate, Mr. Horton was administered the oath by 'Chief Justice Grafton Green, of the supreme court.

At the time it adjourned for the joint session the senate was engaged in spirited debate as to the efficacy of recess committees and action was postponed until tomorrow on a proposal to reduce the expenses to 75 per cent. of the expenses similar committees incurred in 1929. Senate Approves Recess From Jan. 30 to March 15. The senate adopted a resolution to recess from Friday noon, Jan.

30, until Monday night, March 15, in order to facilitate the work of the investigating committee inquiring into state affairs and of the various recess committees. Per diem and expense for service on recess committee was limited to twenty-five days. When the house resolution on appointment of a recem committee on education reached the senate Senator Hu C. Anderson (Madison) offered an amendment to provide that the total mileage, expense and per diem should not exceed 75 per cent. of the similar committee two years ago, and said he favored application of the same principle to all recess committees.

A motion to table the amendment failed and it was still being considered when adjournment was taken for the inauguration ceremonies. Speaker Fitzhugh just before adjournment called attention to the desire to extend the reduction to all recess committees and suggested the proper form for this would be a resolution. Such a resolution would set forth that no recess committee's expense in exces, of 75 per cent. of the similar committee's expense in 1929 would be vote by the senate in the miscellaneous appropriations bill. Such action could be taken by the senate regardless of whether the house concurred in the resolution, he said.

Inquisitorial Group Not Recess Variety. The investigating committee is not a recess committee and Senator Anderson emphasized that he had no desire to gee Pare Two. HIGH COURT HEARS DRY LAW ARGUMENT Early Decision Expected on Clark Ruling. Attorneys Contend Constitution Requires Ratification Through Conventions. -WASHINGtON, Jan'.

21 life of constitutional prohibition tonight was in the keeping of the supreme court. Within a few weeks it is to hand down a ruling sustaining or invalidating the Eighteenth amendment. Today it listened intently to arguments supporting and attacking the recent decision of Federal Judge William Clark holding the amendment was improperly ratified because submitted to the state legislatures rather than popular state conventions. For the government, Solicitor-General Thacher contended the court had already settled the issues presented in favor of the validity of the amendment and that it was within the discretion of congress to choose the mode of ratification. Supporting the Clark decision, Julius Henry Cohen and Se 'den Bacon, New York attorneys, maintained it was mandatory that a proposed constitutional amendment subjecting individual rights to federal control be ratified by state conventions.

The small courtroom was erdwded with Many members oil were present. A long line waited outside the door seeking admittance. Only once throughout the entire argument did a member of the court interrupt to ask a question. It is customary for the judges to question counsel freely. At the outset of thd session Chief Justice Hughes withdrew from the case.

He said he had submitted a brief when prohibition was before the court a decade ago and felt this disqualified him. Thacher's argument was based upon a contention that Article of the constitution clearly had given congress authority to determine the manner in which amendments should be ratified. whether by legislature or convention. He insisted the court, by repeatrd decisions, especially in the national prohibition cases of 1920, had already decided the discretion of congress in this particular could not be limited or abridged by interpretations of the intentions of the authors of the constitution. Cohen and Bacon argued the liberties of the people were at stake and that if legislatures could legally abrogate their constitutional rights then the government would degenerate into a despotic oligarchy.

They made frequent references to the opinions of John Marshall, famed chief justice of the early days of the republic, and to the writings of James Madison, who had an important share in framing the constitution. The one question asked by the court came from Associate Justice Sutherland. He inquired of Bacon whether it was contended the Eighteenth amendment to be valid must be submitted to the direct vote of the people. Bacon's reply was it should have gone to state conventions. When the constitution was written, he said, the people were not thinking of referenda Solicitor-General Thacher used but half an hour of the two-hour period assigned him and declined to present additional argument after Cohen and Bacon had finished.

Their arguments consumed their entire two hours. CRANE ACCEPTS POST OF ADVISER TO CHINA NANKING, China, Jan. 21 (. Charles Richard Crane, formerly United States minister to China, tonight accepted the Chinese government's offer to appoint him its honorary adviser. In telegraphing his acceptance Mr.

Crane said he prized the honor greatly. adding that the welfare of the people of China has been of great concern to him for halt smuttily. MILLER OUTS OFF STATE EMPLOYES Alabama Highway Patrol Ordered Abolished. Total Salaries of Men Who Walk the Plank More Than $145,000 Per Year. MONTGOMERY, Jan.

21 Seventy-eight state employes drawing an aggregate annual salary of $145,140 were ordered discharged today by Gov. B. M. Miller in the second day of his administration. The employes' services were ordered discontinued effective today and affected eleven departments.

The aggregate annual salary did not include traveling expenses of $4 a day allowed by the state, to those with duties requiring travel. 'Me state law enforcement department consisting of twenty-seven deputies and five highway traffic police was abolished under Gov. Miller's or-tier, with Waiter K. MeAdory, chief of the department, effective Feb. 1.

Bills are now pending in the house calling for a reduction of the state board of administration from two commissioners to one, reduction of the state highway commission from three corn- missioners to one and in state tax commission from five commissioners to one. None of these three departments was affected in today's order. BOW-DEBOE JURY RETIRES AFTER SIX HOURS' DEBATE LOS ANGELES, Jan. 21 (A') jury deliberating the case of Daisy DeBoe, accused of the theft of 215,300 from her former employer, Clara Bow, film actrem, was locked up at 10 pin. tonight after failing to reach a verdict In six and one-half hours.

The defense showed a trace of disappointment in the failure of the jurors to reach ka quick verdict. The courtroom crowd held on doggedly, a scattering of young men and women occupying seats. Miss De Boe, who was'accused of appropriating 300 out of the bank account of Clara Bow. red-headed film actress, while secretary to her, was among the crowd. She sat at a copnsel table with her "boy friend," Alfted Mathes, reading newspapers and occasionally joking with friends.

Before going to dinner, the Jurors apparently had cleared a path for uninterrupted consideration of the case, which had been on trial since Jan. 13. Twice they sought technical information and once they returned to the courtroom to inquire about procedure in balloting and a confusion in dates in the indictment which was corrected. Courtroom attaches saw in their question about the ballots an indication of an early disagreement. Ralph Boynton, foreman, asked if it was necessary fOr the ballot on each of the thirty-five counts to be unanimous.

The court instructed them that each must be unanimous. CLARA BOW FILM BANNED BY RIVERSIDE CENSORS 111VERS1DE. Cal, Jan. 21 Riverside board of censcfratip barred a Clara Bow film here today "because of notoriety" given the actress in the trial of her former secretary. Daisy DeBoe, on the grand theft charges in Loa Angeles.

The picture No Limit" was to have opened In a theater here tomorrow. KENTUCKY HIQH COURT UPHOLDS SALES TAX ACT FRANKFORT, Jan. 21 (A'). The constitutionality of an act of the 1930 general. assembly of Kentucky placing a graduating tax upon the gross annual sales of all retail stores In the state was upheld today by Judge Thomas B.

McGregor in Franklin liar-cult ....0 3 each of the thirty-five unanimous. The court in- that each must be unani- ow FILM BANNED VERSME CENSORS E. Jan. 21 ixd of censotratilp barred a am here today "because of ven the actress in the trial er secretary. Daisy DeBoe, 1 theft charges in Los An- picture No Limit" was to In a theater here totnor- HIQH COURT SALES TAX ACT 1RT, Jan.

21 (Al. stores retail I. assembly of Kentucky tionality of an act of the raduating tax upon the I sale of all ll il WM upheld today by Judge georegor in Franklin itar 1 1 I Georgia's Confederates Honor Yankee Soldier and Benefactor Political Future of Hoover Hangs on Further Opinion of Dry Report 0 I A 1 LAINUI oa, Jan. 21 UP)- weny-three years the done- respect to Chapter 54 of the acts of I Una?" I Confederate veterans, white of head tion has been continued, the sum an "This act substantially provides that tottering of step with the donated now amounting to more listtanytebatunnkdama to become maemaoudnetPo8fitc'r25Y per weight of passing years. today tin- than 85,000.

In appreciation of the veiled a bronze plaque to a Yankee generosity of the donor. and in ad- cent. of its capital stock. It also pro- foe of the sixties. miration of his nobility of soul, vides that no bank can receive more The tablet honored Aletander H.

this tablet is erected to a brave than 50 per cent. of the amount of Wray, of Patchogue, Long Island, foe who was In heart a friend." bondi to protect the state'S de. heira.cis- acts aLtalkner tipr9107vif la as mruky e. Section smit the atst N. who had given all of his fed- The unveiling took place In the eta pension to the Georgia Con- library of the Confederate home.

Col, Lawrence, himself a veteran ney-general to examine Chapter 74 of federate home since 1907, amount- of 89 years. officiated at the cere- th ing to more than 85.000. mony. "that upon written notice of the high. Wray was not present for the aimple ceremony.

Like the veterans Mr. Colley read the wording of the plaque, the women unveiled it, way department to the treaeurer and of Dixie. the years Lad brought there was a stirring old hymn, comptroller that a highway project has he could not make "How Firm a Foundation," an in- been approved, it shall be the duty of Infirmities and the trit to Georgia. vocation and the honors had been the treasurer and comptroller to de. done.

posit in the county where the project is F. H. Colley. of Washington, erect, despite his 83 years, unveiled It was all over in ten minutes. located or in an adjoining county but none of the thirty veterans amounts not less than one-fourth of the tafilet with the assistance of would take a proffered seat and al- the estimated cost of the project, sub.

Mrs. John A. Perdue. for fifteen most fatigued by the ceremony; lect to the order of the highway de. years state chairman of the home.

they slowly turned to their rooms partment." The plaque bore the words: to await the setting, sun. In response to questions, he said that The donation. Col. Lawrence said, up until the extra session of 1929 the comp te charge "In 1907, Alexander H. Wray, of Patch Long Island, do- and had le was due to Wray's comfortable treasurer and comptroller troller des! gnated of the cue.

era vet-- toda of funds. There was no general nated to the Confederate Soldiers' thanantdalthe cloeorgiarcumstArco, cesrded home of this state his pension as were more in need of the statute creating the funding board a veteran of the -Federal army In money. and becadse be admixed cent for specific purposes until 1929; he the War Between, the States. Georgia's soldiers. said the board being composed of the, ATLANTA, Jan.

21 (. Confederate veterans, white of head and tottering of step with the weight of passing years, today unveiled a bronze plague to a Yankee foe of the sixties. The tablet honored Aletander H. Wray, of Patchogue, Long Island, N. who had given all of his federal pension to the Georgia Confederate home since 1907, amounting to more than 85.000.

Wray was not present for the simple ceremony. Like veterans of Dixie. the years had brought Infirmities and he could not make the trit to Georgia. P. H.

Colley. of Washington, erect, despite his 83 years, unveiled the tafilet with the assistance of Mrs. John A. Perdue. for fifteen years state chairman of the home.

The plaque bore the words: "In 1907, Alexander H. Wray, of Patchogue, Long Island, donated to the Confederate Soldiers' home of this state his pension as a veteran of the -Federal army In the War Between, the States. "For twenty-three years the donation has been continued. the sum donated now amounting to more than $5,000. In appreciation of the generosity of the donor.

and in admiration of his nobility of soul, this tablet is erected to a brave foe who was in heart a friend." The unveiling took place in the library of the Confederate home. COL lAwrence, himself a veteran of 82 years. officiated at the ceremony. Mr. Colley read the wording of the plaque, the women unveiled it.

there was a stirring old hymn, "How Firm a Foundation," an invocation and the honors had been done. It was all over in ten minutes. but none of the thirty veterans would take a proffered seat and almost fatigued by the ceremony; they slowly turned to their rooms to await the The donation. Col. Lawrence said, was due to Wray's comfortable financial circumatainces, his belief that the Georgia Conlederate veterans were more In need of the money.

and beeauke be admired Georgia's soldiers, respect to Chapter 54 of the acts of 1913?" "This act substantially provides that any bank may become a depository for state funds to the amount of 25 per cent. of its capital stock. It also provides that no bank can receive more than 50 per cent. of the amount of bonds given to protect the state's deposits." Faulkner then asked the attorney-general to examine Chapter 14 of the acts of 1917, especially Section 9. "This act provides," Mr.

Smith said. "that upon written notice of the highway department to the treasurer and comptroller that a highway project has been approved, it shall be the duty of the treasurer and comptroller to de. posit in the county where the project is located or in an adjoining county amounts not less than one-fourth of the estimated cost of the project, sub. ject to- the order of the highway de. partment." In response to questions, he said up until the extra session of 1929 the treasurer and comptroller designated' and had complete charge of the cue.

tody of funds. There was no general statute creating the funding board cept for specific purposes until 1929; he said, the board being composed of the fo BY DAVID LAWRENCE. Copyright. 1931. WASHINGTON.

Jan. Hoovers political future depends in large part on whether he permits his message to congress accompanying the Wickersham report to be his final word on the subject of constitutional change or whether some time between now and the republican national convention he amplifies or explains his position. For while the extreme -drys are deriving considerable comfort out of tbe statement that the president does not recommend that part of the Wickersham report which proposes revision of the Eighteenth amendment. there is no evidence to show that the president has closed the door entirely to any revision of the federal constitution on the subject of prohibition. All that Mr.

Hoover said was that he saw "serious objections" to the revision proposed by the commission if the present law and system is round unsatisfactory after further alter tu vac so. UnSatIOSIaCtOrY See Page Thirteen. I I See Pate Thirteen. Ilk a ki.