The Charleston Daily Mail from Charleston, West Virginia • Page 15

PAGE EIGHT THE CHARLESTON DAILY MAID, TUESDAY EVENING, DECEMBER 18, 1934 itf 3 'J -i KANAWHA SUITS ARE REVERSED Two Cases in County Acted on by Supreme Court; Pass on Five Others Two decisions of the Kanawha circuit court were reversed Tuesday by the state supreme court. In the case of the Central Trust company vs. the Hartford Fire Insurance company, a suit involving liability of the insurance company for a stolen registered mail package, the lower court's finding for the trust company was reversed. In its opinion, the court held that the word "employees" in the insurance policy "was not meant to apply indiscriminately to all employees of the sender and addressee, but to employees who may reasonably have been expected to contact the subject matter of the insurance." In the case of R. C.

Andrews and others vs. Gertrude Goodman and the State Automobile Mutual Insurance Company, a suit for damages in which to Samuel Stephenson was awarded judgment of $7,500 against Miss the lower court was reversed. The supreme court held that there was n6 liability to the insurance company where the insured operates an automobile without proper driving license, in violation of a clause of the policy exempts the company from liability for injury caused by operation of an automobile by persons unqualified by to drive it. Other decisions made by the court Tuesday were: McDowell county--Sam AVade vs. Mutual Benefit Health and Accident association, a suit on disability clause of health-accident policy; lower court verdict awarding to Wade $2,188.19 affirmed.

Ohio county--The O. Hommel vs. Paul J. Fink, and others; upheld a contract restricting an employee from engaging in business similar to that of the employer within a designated time after employment ends, and entered injunction restraining Fink and others from engaging in production, sale of ceramic coloring. Fayette county--Paulina Foster, administrator vs.

New York Central Railroad company and others, reversed judgment of $6,000 awarded to Mrs. Foster for death of husband, Frank Foster, while chasing cow from tracks. Fayette county--J. S. Cramblett vs.

Standard Accident Insurance company i and others, a suit for injuries received by Cramblett while riding to mine in bus operated by employer; reversed lower court. Mason county--Joint Pleasant Register Publishing company vs. county court of Mason county and others, a suit to require publication of Mason county financial statement in Point Pleasant Register, circuit court's mandamus writ directing publication affirmed. New Child Gives Family Lead in Stork Derby Youth Is Killed In Motorcycle Crash WHITE SULPHUR SPRINGS, Dec. arrangements are being made for Ernest Melvin Whitaker, 18- year-old son of Lindsay Whitaker, of Earlhurst, who was instantly killed Saturday evening when the motorcycle on which he was riding crashed into a car parked at the side of the road on the Midland trail near the Eagle Nest tea room between here and Whitaker was thrown completely over the car and struck the concrete paving with the back of his head, causing a fractured skull.

Had her son hepu i a Kemiy of would feel of i i 5 0 0 0 0 0 i i i October i largest Toronto a i in the i 10 years. The a i a of Marcelle, a is i to liis in a hospital, her increase to 11 i i her a lead of two over her a rival, Mrs. Grace Bagruito. The stake for the odd contest wns "provided by the i of Charles Vanre Millar. DEATHS and FUNERALS Dolinsky Funeral a rites Meyer Dolinsky.

83 years old, who died at his home in Laidley street on Sunday, were held there Monday a ernoon. Burial was in the B'nai Jacob synagogue. Mr. Dolinsky was a retired tailor. Okey Smith Services were held at Calvary Baptist church on Monday afternoon for Okey Smith, 59 years old, who died Saturday at his home in Valley street.

Burial was in the Spring Hill cemetery. Mrs. Harry Malcolm Funeral services were to be held at the Barlow chapel Tuesday afternoon for Harry Malcolm, who died at her home in Washington street on Sunday. Burial was to be in Sunset Memorial park. Bowles Rites Last services for Mrs.

Georgia Bowles, 30 years old, who died Saturday at a Charleston hospital, i were held at the Methodist Episcopal church. South, of St. Albans, on Mon- i day afternoon. Burial was in the Teavs Hill cemetery. Bowles was the wife of Keysc-r Bowles.

Mrs. Marie C. Sovilla Services will i be held at Sacred Heart church at 9 o'clock Wednesday morning for Mrs. Marie Concetta Sovilla, 30 years old, of Piedmont road, who died in a Charles- daughter and one sister, Mrs. Anna Goings, of Charleston.

Pierce Funeral--Last rites for Homer Wilson Pierce, 42 years old, who died at his home at Slip Hill on Sunday, were to be the Owen and Ba'rth chapel on Tuesday afternoon. Rev. Pat B. Withrow was to have charge of the funeral. Burial was to be in the Higginbotham cemetery.

Cole Baby--Services will be held at the home of Mr. and Mrs. Harry W. Cole, at Spring Hill, at 2 o'clock Wednesday afternoon for their year- old son, Philip Anderson Cole, who died Monday at the residence. Rev.

F. M. Ryburn, pastor of the South Charleston Presbyterian church, will conduct the rites. Burial will be in the Spring Hill cemetery. William T.

Burdette--Funeral services for William T. Burdette, of Kessler's Cross Lanes in Nicholas county, who died Monday in a hospital at Gauloy Bridge, will be held Wednesday afternoon. Burial will be in the Koontz cemetery near the home. Mr Burdette was a brother-in-law of Patrick D. Koontz and A B.

Koontz. of Charleston. His widow is the former Miss Luia Koontz. Casio Baby--Betty Jean Casto, the i a a of Mr. and Mrs.

Elmer Casto. died Tuesday morning at their home at stop No. 1 on the Dun- 1 IT i 111 -t r. 1 fn 1-1 i at? vn-3 i i 1 ROUTE, BRIDGE CONTRACTS LET Mills, of Charleston. Gets Part of Work on Span in Braxloii County Whiteman Begins Quest for Composer, Preferable Young, Born of Depression Orchestra Leader Offers Endowment for Work Considered Best E.

R. Mills, of Charleston, and J. M. Francesa and company, of FayeUcville, Tuesday were to have submitted the low bids for the superstructure and substructure, respectively, of the Napier bridge in Br'axton county, when the bids were opened by the state road commission. Mr.

Mills' bid for superstructure was and the FayetteviJIe concern's bid for the substructure was $10.046. Other low submitted in commission's last i of the year, low: Harrison miles of Ann- more- Harbour county line road, stone base and retread surface: Construction company. Morgantown, $59,607.50. Lewis miles of Ireland-Upshur county i road, grading and a i i Ralph W. Fimple, Fairmont, $59.630.73.

Wirt miles of Cisko- Kanawha Station road, a i a i i Parker.sburg Construction company, $149,315.22. TTnshm- rnimtv--4 7fi5 miins rtf NEW Whiteman is ready to gamble $20,000 upon his belief that the depression did something i a the younger generation of would-be American composers. In fact, Mr. Whiteman is so sure of his ground that he has already set aside the money as a fund to support his belief that as a nation we are about to produce bigger and better music than ever before. For more than 10 years the man who is known all over the world as the king of jazz has been earnestly scouring the country for native composers who could catch and interpret in orchestral scores what he calls the essence of our land.

He found George Gershwin of Rhapsody in Blue but not much else in the way of important But because he believes that the prospects are bolicr now than ever before, he is establishing a scholarship for young composers in memory of his i i a mother, i a Whiteman, who died recently. The plan is very close to his heart because it was a dream he and his mother shared. Native Genius Due The conductor, who seems to have lost two of his chins by rigid diet, discussed the scholarship sitting on a sofa done with Gertrude Steinish designs in the rhapsody-in-blue room of his a a An A i a zebra skin on the floor, bronzes of Negro dancers and singers in characteristic attitudes, two a i i portraying the jazz age and a framed letter about jazz the Prince of Wales supplied a fitting background. "I 'am establishing the scholarship now because the i is ripe for a a i genius to appear," i a said. "From an art.

point of view, we needed a depression. Art in its a i stages does best on an empty stomach. The surest way to genius is to relieve it. of financial responsibility before it finds itself. "But we've had a depression.

The times brought about plenty of empty stomachs. Now we shall see the result. I believe it will be a pick-up in art--a i of what was planted in lean years. In fact, I am counting on it. And now is the time to do something for the artist who has learned his lesson.

Friend's Fate Proves Point ''Empty pockets are responsible a you'd i for mighty deeds of daring, I assure you. For instance, a newspaper friend of mine has just published a successful novel. For years he had felt the urge to i it--in fact, had talked everybody deaf about the plot--but his well-paid job took up all his i and the urge wasn't, strong enough to make him give up a good salary for a gamble. "However one day he had a row with his boss and resigned. To his surprise the boss didn't come rushing after him next day nor yet the next nor the next.

Hordes of good men were clamoring to step into his shoes and one man did it. So my friend went off to the nearest he could find to a desert island and in a spirit of bravado wrote his novel, i i on next to nothing while he did it. "What cnme of it? Why, a finer piece of i i than anybody dreamed he was capable of doing. Another man I know--an artist--had gotten so prosperous in the good old days he i a a of ghosts to get his ideas and do his a i for him. Why, they even faked his signature.

AH he had to do was take in the King of Jazz and His Wife MR. AND MRS. PAUL WHITEMAN And the South. He says it's a sign that never fails. Hard times knock the southern and romance songs for a loop.

But -for six months now, according to the jazz king, a new tempo has been creeping into popular music. The songs you hear are faster and brighter. "My world--the show world--was flatter on its back even than big business," Mr. i a i out. "I lost $100.000 one year just keeping my band together.

Nobody was spending any money on non-essentials. Now once more the theaters and night clubs are Good times are back with, I am hoping, a prospect of musical i of such quality as we have never had The first composer to i under the Elfrida Whiteman scholarship i be chosen by a committee of musicians orchestral scores submitted by contestants who must be under 35 and born in this country. It also is stipulated that the score be "in the American manner" to be eligible. The composer of the winning music will be given the interest from the scholarship fund for one year to use for payment of i i and maintenance io continue studies and writing. The judges will be distinguished figures in the world of music.

High SchoolMFootball Team Feted by Lions Albert (Sleepy) Glenn, coach, and all the members of the Charleston high school's football team were guests of i a i at its weekly luncheon at the Daniel Boone hotel on Tuesday. There was no speaker. i Mr. Glenn was introduced by Roy Fall Under Truck Is Fatal for Boy Lyle Sutphin, the 13-year-old son of Mrs. Minnie Sutphin, of Chesapeake, was killed Tuesday morning when he fell under a truck in attempting to board it.

The body is at the Pryor Undertaking company at East Bank. The child's father is not living. His grandfather is David Sutphin. i Hitler Aides Deny Report Of Attempts on His Life BERLIN. Dec.

18 that Reichsfuehrcr Adolf Hitler had recently been wounded or shot at were scornfully described as "ridiculous inventions" in official quarters today. (The newspaper Linzer Volksblatt of Austria, had published a report saying what it called "a trustworthy source" had stated Hitler was recently wounded by a German girl.) WAITS FOR JAILED OWNER. WILLOWICK. placed in jail didn't worry Pete KUsnuck, of Geneva, so much as the question of who would milk his Finally, by mid-evening, he was able to provide bail on a driving-while-intoxicated charge, and went home to milk his impatient bossy. 1 --For a long time, Argentina was one of the world's best markets for toothpicks, importing 158 tons in 1930.

Now there are four toothpick factories in the country and importations of this COURT REFUSES WRIT FOR FEES Cabell Constables Lose Suit for Collection; Second Blow in Two Days (Continued from Page One) Cabell county court for fees accumulated up to January, 1932. The judge in that case directed payment of S264.10 to Ray, in the event the school fund was replenished. On Thursday of this week, Judge Arthur P. Hudson of Kanawha circuit court will be called up to decide a case affecting the justices. It is that of Miss Lillian Hughes, who is seeking a writ of prohibition to prevent Justice G.

J. Finney from hearing liquor against her. The woman contends the justice is personally interested, because of the fees that would be derived from fines. A similar action is to be heard soon by the state supreme court in the case of John Williams against Justice P. T.

Brannon, of the Cabin Creek district, in which Williams holds that the justice has no right to hear a misdemeanor charge against him. The executive committee of the West Virginia Association of Justices of the Peace and Constables last Sunday adopted a resolution calling for changes in the laws affecting their fees and duties, with the view eliminating practices. 1 i Pair Returned In Kidnaping Inquiry LEXINGTON, Dec. 18 W. authorities late yesterday took into Custody J.

R. Sloan, alias Harrison and Tomboy Sloan, and a young woman registered as Thelma Crutchfield. of Lexington, have started back to Williamson with the pair. They were held in connection with the kidnaping and robbery of William Evans, Williamson insurance man. Mayor O.

E. Hogan. Patrolman Everett Allison and H. H. Davis, of Williamson, came here in the case.

i i 125 Boys Will Leave Pruntytcwn Camp James A. Chambers, president of the state board of control, said Tuesday that he had notified R. P. Bell, superintendent of the state industrial school for boys at Pruntytown, to parole 28 small boys into the care of Francis W. Turner, head of the state department of public welfare.

The boys will be placed in the Greenbrie'r county camp of the welfare department, which probably will open early in the year. The department's children's camp in Boone county will open Thursday. 1 i Yawning Victim Recovers STERLING. 111., Dec. 18 recovery of Mrs.

Harold McKee, 27-year-old farm wife who has been the victim of constant yawning for nine days--at the rate of 12 or 15 yawns a minutes-was announced today by her physician. FUNCTION MINUS HEADS BELOIT, worms get along better without heads than with new ones. Dr. Carl Welty, head of the Beloit college zoology department, reported after an experiment. The worms learned to go through a routine after hundreds of attempts by trial and error.

They continued to perform the routine after their heads were cut off. When they grew new heads, they had to learn their tricks Y.WSMRcRfinCHiyEsCOMi-.