davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-20
'"''' Justice Gummer~ CONFIRMED.

'"', y J., April 20 fTuosday),
tn" Senate confirmed the
'on 90. ~ Ch'cr Justice William $.
"''." f' D O'Clock this morning after
a p '... rI r>crutivo session, In which
Se-a'or IT"mc,sy renewed his attacks
ss~'H. the chief Justice.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-20
FRANK LOSES
FINAL COURT
PLEAFOR LIFE
Supreme Tribunal Decides
Trial Was Fair and
Conviction Legal.
TWO JUSTICES DISSENT:
ONLY HOPE Is PARDON

WAsrtSGroN. April 10 -.- Leo "
Frank of Atlanta. convicted of the
murder Of Mary phagan. the thirteen
year-old factory girl, and under SELL
teuce of death will have tn go to the
scaffold unless the Governor of Georgia
and the state Board Of Pardons COM
mute his sentence
The supreme Court OF the United
states. for the second time to-day. re-
fused to intervene in the case TO set
aside the judgment Of The courts of
Georgia and order a new trial The
first Application VAS for a wit Of error
to the supreme Court of Georgia. whic1
was denied by two Justices. Lamar and
Holmes. and later by III" full bencn
The second appeal was from the tudg-
men; of the District Court for one Of
the Federal districts of Georgia. deny
ing an application for writ of hibeas
corpus
Justice Pituey delivered the opinion
to-day for the majority Of the court.
affirming the judgment Of the Federal
court. \ strong dissenting opinion was
read by Justice liolmcs, in which jus
tice Hughes concurred.
While the attorneys FOR Frank IN
innate that their legal resources have
not been exhausted and that The case
may again come before the supreme
Court. Il is not clear to members Of the
bar asst now the question can again b.
s~fl ~
Lite Term Onl, Hope.
/, is believed 20 be significant also
that Franks next appeal for clemenoy
will he made to the Board of Pardons
of the state of Georgia and 20 the Gov
ernor The best that can be hoped for.
In the opinion Of persons familiar with
tho case. Is a communication of sentence
Ia life Imprisonment and II is extremely
doubtful II this scant clcmency will lie
allowed to the prisoner.
The dissenting opinion to-day was
very vigorous There were frequent
references To the 'mobs' that Allied and
surrounded the court room at the trial
of Frank. and more than once Justice
Holmes referred TO the trial of the prle-
oner as a clear denial OF justice and OF
the due process OF law guaranteed by
the Federal constitution.
The majority opinion was exhaustive
The burden was that the prisoner had
mad fair trial by an impartial jury
and that while there was difference OF
opinion as to what tho recurd showed as
to the influences Of the Hemonstra,lve
crowd IN and around the court room
during the trial, IN" majority of the
court expressed the opinion that there
had been no denial Of due process of
law. that Frank had been legally con-
victed and there was nothing on the
fac. % the record that disclosed n de-
n'al Of any OF tho prisoners rights guar
antced by the Federal Constitution.
In 10 murder case that mas come be-
fore the supreme Court for review in
recent years IN. there been shown so
much nationwide. popular interest as
has been evoked hy the appeal OF Leo
". Frank
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-20

The improvement will mean the end OF
one of the old time hotels OF the
I.ongacre section of Broadway, among
which are tho Albany on the block be-
low. The Lincoln was put up about the
same time as the Albany and for many
years was a hotel which catered to well
known folks. The change IN the section
brought n change in the character of the
hotel and for the last few years It has
been under the attention OF the polio.
mos, OF the time
The income from the property has
been very little for several years, It
is valued by the Tax Department at
$3.50 900. of which $4,000 represents
the value OF the hotel, SIX story build
ing The city's valuation, however. Is
fa' under the market value Of tho cor
ner The property is held by the owners
at s7JO,O0O.
The posada Realty Company, which Is
the name under which the property Is
held by John y. Kirwan. Charles Rohc,
Charles r. Bauerdorf and John r. l.udin,
has owned the hotel since september.
1905. Two years ago the property was
brought into the auction market in vol
untary procedure and bid in by Oscar
Wagner for party at interest on bid
of $595,000
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-20

man. coal dealer and clerk FOR the
business OF determining whether or not
the Colonel meant TO he personal when
he talked about bad bosses and rotten
government Several reasons accounted
for the celebrity in jury building.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-20

The supreme Court exhaustively con-
sidered and reviewed the case Both the
majority and minority opinions were
elaborate. In the majority opinion JUS
tice Pitney said among other things.
The principal points raised in support
OF Franks application for release on ha-
heas corpus as presented 10 the United
states District Court IN Georgia and 10
the supreme Court of the United states
upon this appeal are. first that the dis
order IN and about the court room dur
ing the trial and mp to and AT the rem
dition of the verdict amounted TO mob
domination to which not only the jury
but the presiding Judge succumbed, and
that this In effect brought abou; n disco
luton of the court and deprived II OF
Jurisdiction TO receive a verdict and pro-
nounce sentence against the prisoner
second, that Franks involuntary absence
at the time the verdict was rendered de
privcd him Of an essential part Of the
right Of trial by jury and was a depriva-
ton of the due process of law guaran-
teed 10y the Fourteenth Amendment and
that such absence could not be waived by
Frank. and thirdly that the ground upon
which the supreme court Of Georgia
overruled his objection based upon his
absence when the verdict was rendered
,namely that this objection was waived
because II was not raised Al the first
motion for new trial. although the facts
were known to Frank and his counsel)
was So far inconsistent with previous
decisions of the same court that IL was
equivalent in effect TO an eX post facto
law.
Franks allegations OF hostil" public
sent ment ana disorder in and about the
court room improperly influencing the
trial court and the jury against him
have been rejected because found untrue
. In point OF fact on evidence presumably
tustifying that finding and which he has
not produced IN the present proceeding
his contention that his lawful rights are
!nfringcd because he was not permit I'D
to be present when the jury rendered It's
verdict has been set aside because II
was waived by his failure 10 raise the
objection in due season when fully cog
infant of the facts,
I'm the opinion of this court he is not
shown to hav" been deprived OF any
right guaranteed to him by tho Four
tccnth Amendment or any other pro
vision of the Constitution or laws of the
United States; ON the contrary he has
been convicted and Is now held in Gus.
tody under due process Of law within
the meaning of the Constitution"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-20
BROADWAY TO
HAVE$1,5OO,OOO
MOVIE CENTRE
Building With Five Thea
tres to Go Up on Hotel
Lincoln Site.
HOMES PLANNED FOR
FILM CORPORATIONS

A sixteen story building which. II is
expected. will he the centre Of the NOV
ing picture industry IN this part of the
country is planned for the site of the
Hotel Lincoln, at the northwest corner
OF Broadway and Fifty-second street.
president OF the Dyreda Art Film Cor
poration and director OF the Worlds
Film Company and associated with
many OF the big flm concerns. is at the
head OF the project to centre the moving
picture industry AT Broadway and Fifty
second street. AZ the head of syn
dictate IN which several well known film
manufacturers are interested he has
entered into negotiations with the own
ers OF the Hotel Lincoln for leasing the
property ard sixteen story building to
be erected by them.
The deal is in the hands Of J. Arthur
Fischer. lie refused yesterday to say
how far matters had progressed.
From another source il was learned
that negotiations were well adj
vanced and that II would be no surprise
II the deal was closed before many days
had elapsed. MIR. Dyer. members OF
his syndicate and John y. kirwan and
other owners of the Hotel Lincoln held
"a meeting yesterday afternoon AT the
Engineers club.
Tho operation means an Investment OF
nearly sfV""'o""' OF l" ne enact s"''V''
V"o, "thCh nl'N'S II one "l the l"'E'S'
r'al estate uedis 'oUSunmateu since 'ne
nrst OF IN" year. u mas heen several
years SINCE d'a' o' 'h's SIZE mas peeh
. announced from inc LouSd'r" square
section. Inc ouild'nS' when mas peeil
designed ny r. h. Townsend. VIII cost
with the site AT least Sl.5nO,ooo. state
ments made along upper Broadway yes
terday had II the Improvement would
cost nearer S..ooOo0p before II had
been finished, as many novel features
are TO be introduced
""' w ~''""" '""''
The building is to be put up by the
owners OF the property for the syndicate.
which will pay 100000 n year for the
big structure for the next twenty-one
years. For the second twenty-one years
the syndicate will pay Ave per cent
! Of the appraised value of the property
At the expiration of the first term II
they decide TO exercise the privilege
which is 10 go with the lease
The building will be the TALES, on
Broadway between Forty-third street
and the home of the United states Rub
Der Company al the southeast corner
OF Broadway and Fifty-eighth street
/, will be 1901 feet on Broadway and
looll feet on Fifty-second street The
building which Mr. Townsend has de-
signed is what ne calls combination
OF styles or what may be termed a
New York commercial building type
II will be absolutely freproof because
+ of'the in'iammable material which IS to
/ be stored in the building
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-20
Jurors Represent Three Bic
Parties. Seven Belong
ing to the G.. 0. p.
COLONIES WAR VIEWS
FACTOR IN SELECTION

SynAcrsE. April Ia.--Seven Republi-
cans. three Progressives and two
Democrats constitute the Jury in
William FAIRNESS $4,000 libel sui,
against Col Roosevelt.
They will determine whether col.
Roosevelt. in his public statement last
July 20 the effect that Mr.. Barnes
and Mr.. Murphy were the invisible
Government that made for an ALI
ance between crooked business and
crooked politics. meant to say that
Mr. Barnes was personally corrupt
or whether he was only whacking at
had government.
These are tho issues Of the case.
as simply az they can he put. Will
tam NJ WINS. senior counsel for Mr..
Parnes. will contend in his opening
address tomorrow morning that Col
Rooseveit's statement was msliciouslv
personal and that he must be made
to pay IN hard cash.
II was pretty generally understood
around the Hotel Onondaga tonight
that Col. Roosevelt would take the
stand Tomorrow as his own first wit
ness. No authoritative statement 70
that effect could be obtained from Mr.
Bowers or hts associates, but the
rumor was widely current and gener-
ally credited II the Colonel Is called
tomorrow II will take him two days
to tell the jury all he knows or has
heard about the past OF Mr. Barnes.
John NJ, Bowers. senior counsel fo'
the ex-President barred the Roosr-
Welt defence this evening when in a
motion to dismiss tho case he argued
that Col Roosevelt never declared
that either Mr.. Barnes or Mr.. Murphy
got personal gain from their contr 4
OF the invisible government" and
that the Colonels Language did not
necessarily charge personal corrup-
ton.
Mr.. Bowerss motion to dismiss or
the ground that the statement was
not libel per SO ana that even II 4
libel per se Il was subject to an in
nocent construction was offered &c
Supreme Court Justice William $
Andrews at i. NJ. after the jury boN
/
missed until tomorrow morning.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-20

Justice Andrews, who had given
careful study to Mr. Ivinss and NJ,
Rowers's briefs for many days,
promptly denied the motion and
cleared the ground for the real open
ing Of the case.
There were murmurs Of surprise when
Mr. Bowers explained that col. Roose-
Welt never meant to charge that Mr.
Barnes was "A boss for profit only or
that he made "nvisiblc government
pay rich dividends.
Some persons Jumped TO the Conclu-
sion that the Colonel was backing water
and that the motion to dismiss WAS an
indication that he wasn't nearly SO fun
OF fight as he looked
II can BE- said straight out. however
that this view of the prelminarlcs il far
from the truth. The Rough Rider and
hig game hunter has come to syracuse
full Of fight. and II Justice Andrews per-
mIts intends To- Omen a lot Of score,
doors and rattle many old skeletons In
Republican politics. MI Bowers mo-
tion Was simply for the pulpusc Of knit
ting together the law poiuts,of his case
and to pave tn" way for his array OF
evidence.
The ease and speed with which thu
jury was selected amazed the New York
lawyers who had hardy expected to And
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-20
On a Five Mile Wide Stage

First complete story of the making OF
The Birth of a Nation" and the re.
narkable career of D. w. Griffith.
| In next Sundays SUN.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-20

Continued on Third Page.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-01-13
Sues State for
a $4,000 Reward

Suit was filed in the District court
yesterday afternoon by James G.
Sweeney i'll an effort to recover
$1,000 offered by the state ior the ar
rest and conviction of the Indian
Mike gang, who terrorized the resi-
dents OF Northern Washoe county
near the California line several wears
ago, committing in all some seven
teen murders before they were round
ed up by sheriffs passes and members
of the state police.
Sheriff Smith Of Modoc county and
other members of the posse have re-
tanned Mr.. Sweeney to collect the
reward which they believe they are
Justly entitled to, having jeopardized
their lives before the Indians were
fnanlly exterminated in a etched
battle.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-01-13
Will Be Buried
Tomorrow Morning

Out of respect to the passing oi
the late General William Woodburn
there will be no court in either the
Federal or District court tomorrow.
Judge harrington in the United
states court this afternoon appointed
the following attorneys a committee
to represent the court at the funeral
George y. Bartlett, James c.
Sweeney. Ben CurIer, ST., {. E. Mask
and John Lothrop. Judge Langan
appointed James G.. Sweeney, H. F.
Bartine. ]. Poujade. Alf Chartz and
George \. Bartlett
The funeral will take place from
the residence of William Woodburn,
j., at 10 o'clock tomorrow morning.
10 be followed 10y high mass for tale
dead at the Catholic church, Rev.
Father Garland officiating. Inter
ment will take place at Lone Noun
ain cemetery. the following named
acting as pallbearers: Z. S. Earring
ton. J. Poujade, Henry Rosenbrock,
II. f. Bartine, J. B. Hagerman and
Charles Cavanaugh
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-01-13
Service Reported
as Satisfactory

inadequate mail service to the towns
located on the line of the Virginia
and Truckee, namely, Minden, Vir-
einia City and other points, the sec
end assistant postmaster general
states in a letter to Hon Key Pitt
man that all inefficiencies have been
corrected and the service is now sat
isfactory. Following is his letter:
Washington, Jan. 7, 1915.
Hon. Key Pittman, United States
Senate.
My Dear Senator Pittman-In fur
ther answer to your letter of Septem-
ber oath, relative to complaints from
Virginia City, Minden and Gardner
vile. Nevada. regarding mail ser
vice on the Virginia and Truckec
railroad, | beg to state the matter has
received careful attention and reports
show that the service is now satisfac-
tory. Yours very truly,
JOSEPH STEWART
Second Assistant Postmaster Genrl
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-01-13
Two Appointments
for Naval Academy

The Appeal has received the fol
lowing self-explanatory letter from
Senator Pittman, dated Washington,
January Sth.
Il have two appointments to fill at
The naval academy VIII you kindly
announce for me that the University
OF Nevada will hold examinations on
January 3Oth. for the purpose OF Sc
ruring two principals and SIX alter
mates, at the same time that the ex-
animation will be held to fiji Senator
Newlands' vacancy at the naval acad-
emy.
II have received quite Jew appii-
cations for appointment TO these po-
sitions. and therefore adopt this
method OF securing eligibles for ap-
pointment.
Under this method the two young
men who receive the highest ratings
" i'll be named as principals to fill the
vacancies; the next two highest will
be named as first alternates. the next
two highest will be named as second
alternates. and the next two highest
as third alternates.
AS soon as the results az deter
mined. the successful appucants viii
be named to the navy department Tor
examination by the department.,
which may be taken either on the
third Tuesday in February or the
third Tuesday in April, and the men
who are finally successful in the men-
tai and physical examinations wiz
enter the naval academy some time
il June, 1915"
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-01-13
Injunction Case
Against Commission

Attorney General Thatcher and
Chairman ]. +. Shaughnessy. OF the
Tax commission. will leave tomorrow
evening for Winncmucca to repre-
sent the state in the hearing OF the
Taxpayers Association of Humboldt
county for an application for writ
Of Injunction against the State Tax
commission, The matter will be
threshed out before Judge Ducker III
the District court of Humboldt coun-
ty on Friday.
The writ as prayed for by the con-
binaton OF taxpayers is evidently an
other attempt to wrest jurisdiction
itom the Tax commission i'll fixing
reasonable valuation on thousands
OF acres in Humboldt county Tor taH-
able purposes.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-01-13
Receiver Must File
Itemized Statement

At the opening OF the State Bank
case this morning before Judge Lam
gan, Attorney General Thatcher con
tended that no reports had ever been
fled by the receiver and no inventory
filed; that until such reports and IN
Nentory be filed it was impossible to
determine whether the receiver was
entitled to any compensation at all or
to approve or confirm any of his re-
ports This objection was argued
Mr.. Green strenuously contending
that the reports did not have to be
itemized and no inventory was ne,
essary.
Judge Langan took the matter ur-
der advisement during the noon re-
cess and Just before the Appeal goes
10 press upheld the contention Of the
attorney general and ordered Mr..
Nildes to file complete itemized re-
ports from February. 1910, to date
and to file a complete inventory OF
all property which he took charge OF
as receiver. Judge Langan also re-
fused to hear the application for re-
cciVers fees and attorneys fees un-
I'll the reports had been presented
and approved and the matters were
therefore continued until February
10th.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-01-13
Widow Receives $1,000

sion has paid the death claim and
rndertaker's charges i'll the case of
II. E. Moulds, an unfortunate line
man who was eectrocuted while
working at Tonopah few weeks ago.
The full amount of $1,000 and Sl25
for funeral expenses was paid to
the widow on January llth, the mar
riage certificate and necessary proof
arriving that morning. Mrs. Moulds
came to the southern camp from her
home at Sioux City, Iowa. last week
70 gather the necessary proofs, and
will return TO her home .oday.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-01-13
File Articles

Articles Of incorporation Of the II.
and " Mining company, with prin-
eipal place OF business at Tonopeh,
were filed for record with the secre-
tary OF state this morning The COM
pany is capitalized Tor Sl,oOO,OOO, di-
vided into 100000 shares par value
ST each, all the capital stock being
placed on the assessable basis. Will
liam Forman, George b. Thatcher
and ii. {. Price signed the articles a ;
the incorporators.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-01-13
French Movement Fails

by l nlted Press
PARIS, Jan. i5.-Fresh troops are
Icing sent to points east and west 4
Rheims to effect a wedge III the Ger
man line and lit the present siege.
The frontal attacks on the main Ger
man position north of Rheims have
failed, and new methods must DE
adopted. If the new movement is
successful the Germans must retire
and face the danger OF an assault in
the rear
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-01-13
CALIFORNIA LEGISLATORS
INTRODUCE NEW MEASURES

bears under game laws and placing
the open season from October 18th
TO June 1st, with bag limit to two
during the season.
Assemblyman Browne introduced a
hill making property wherin gamb-
ling games are played with dice,
cards and other devices for money
q public nuisance.
The Wolfe election contest in the
senate is likely to 'oe held in San
Francisco. The committee is delay
ing action today on the question
whether to adjourn to the seat of
trouble or not.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-01-13
BY United Press

LONDON, Jan, l3.-The Germans
have established Zeppelin and aero
plane bases on the outskirts OF Client
and are making daily visits to Dun-
kirk and towns in that vicinity. There
has been extensive bombing and a
number OF civilians are known to
have been killed, but censorship pre-
vents the giving out OF details. 1t IS
believed this is the first time Yep
pelin movement has come from the
Ghent base.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-01-13
Sagebrush Club Election

The election of trustees for the en-
suing year was held at the Sagebrus.1
club last evening. The following
members were chosen: w. U. Mack
ey, J. p. Donnelley, H. F. Bartine,
J. E. Monahan, L. F. Adamson, J. B.
Vieira and R. K Colcord. The report
O. the former board was read, show
ing the finances of the club to be at
high water mark Many new appli-
cations for membership were posted.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-01-13

SACRAMENTO, Jan. l3.-Assem-
blyman Aver today introduced b'll
abolishing all present departments OF
the state government relating ft
agriculture, combining all under one
head with a secretary of agriculture
a: salary OF S,5o0 yearly. The bill
provides that the new department be
divided into three bureaus, animal,
industrial and horticulture and econ-
omy
Senator Shearer and Assemblyman
Ream both offered bills bringin 3
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-01-13

The Virginia and Gruckee trainmen
were kept busy between Minden and
Reno yesterday making up a train IF
thirty-one cars OF cattle and sheep
from the valley ranches to be for
narded to the coast markets. In the
consignment were eleven cars of
sheep for the Western Meat COM
pany of San Francisco: four cars of
cattle and two of sheep for the New
man Packing company at Santa Rosa:
two cars OF cattle for Kneir, Alien
& Pyle OF Oakland, and eleven cars
OF sheep consigned to the stockyards
at San Francisco Three cars Of
beef stock will go out tomorrow
morning from Minden to the Neva la
Packing company at Reno.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1915-01-13
Good Price for Quicksilver
According to reports issued by {

According to reports issued by the
department of mines at Washington
Nevada led the United States last
year i'll the production of quick-sil-
vcr For the last few months a sub
stantia1 increase in the price of the
article was noted, due to absence OF
competition in the European product
Quicksilver is now quoted at about
81 cents, as against As a few months
ago.