davidaulloa/AmericanStories huggingface dataset:
Evening star., 1917-10-02
GOES IN AN AIRPLANE
TOATRUSTEES' MEETING
Ohio Business Man Flies From Day
ton to Columbus in Just
an Hour

COLUMBUS. Ohio. October 3
Charles C. Kettering. a prominent
manufacturer of Dayton and a colonel
in the Signal Corps Reserves, flew
from Dayton to Columbus in an air
plane today to attend a meeting OF
trustees at Ohio State University. Mr.
Kettering. who is a trustee, made the
trip without incident. He left Dayton
at 7:45 and few the seventy miles to
Columbus In just one hour. He made a
perfect landing on the campus at Ohio
State University. and then attended
the trustees's meeting with as little
concern as other trustees who made the
trip to Columbus by train. He expect
ed to start this afternoon on the re-
turn trip to Dayton, providing weather
conditions are favorable.
Evening star., 1917-10-02
COL. HOUSES WORK WISE.
Paris Temps Commends President
Wilson for Foresight Displayed.

PARIS. October. 2-The Temps, re-
garding the mission given Col E. NJ.
House in gathering historical data on
the entrance of America into the war.
says: President Wilson thinks 1t Is
impossible to govern without foresee-
ing and that one cannot foresee with
out studying. While the United States
10 still engaged in building its power
full war machine its President creates
an instrument that will serve later to
prepare for peace This department of
study IL confined to Col. House, sa-
gacious man who keeps himself outside
Of politics
Thus, the knowledge of all the spe-
cfahets may be centralized and elabo-
rated In accord with the national in :
terest and placed in the hands OF the
government Happy organizers are
they who will build the future
Evening star., 1917-10-02
SOLDIERS MAY KEEP COW.
If They Consume Milk, Government
Will Paw Expense.

Soldiers in the American Army not
onlv may keep a COW. but they can feed
it at government expense. provided
they consume the milk. says ruling
Of the Judge advocate general The de-
cis,on was rendered on the question of
wbether feed for COW kept by a de-
tacbment of soldiers for the production
of milk for the detachment mess could
ia.auv be purchased from the ration
.syines In view of the regulation that
such savings shall be used solely for
the purchase of articles OF 1000.
Evening star., 1917-10-02
COAL REGULATIONS PERp1Ex
New York Dealers, However, Expec,
No Great Price Chanpes

NE" YORK. October Goal, which
mas been retailing in New York for
several months at 50 and 50 a ton, will
not undergo any great change in price
by the ruling Of Fuel Administrator
Garfield. according to Arthur F. Rice.
commissioner of the New York Coal
Merchants Association.
IT seems to us at hrst sight" he
satds that the method announced for
nxins the retail prices of coal will keen
prices at about their present level, but
" will take rurtner study to discuss
the question with any certainty"
Leading coal dealers said they were
perplexed over the new regulations and
that the question was too complicated
to be discussed at present
Evening star., 1917-10-02
LIEUT.. vossE's BODY FOUND.
German Aviator Was Killed in Com.
bat With British Airman.

BY the Associated Press.
BRITISH HEADQUARTERS IN
FRANCE AND BELGIUM, October q
The body of Lieut.. Vosse. the famous
German aviator. has been found in the
British lines. The lieutenant was killed
died fighting determinedly.
The death Of Lieut.. Vosse was report
ed unofflcially from Amsterdam last
week. He was said to have been killed
in a fight with his ffftieth adversary
The lieutenant was credited in Germa n
official reports with having brought
down forty-two airplanes up to Sep
tember %.
Evening star., 1917-10-02
japanese Officials Indispesed.

NEW YORK, October 2.-owing to a
cold recently contracted by Niscount
Ishii. head of the imperial japanese
mission to the United States. it was de-
cided to cancel the proposed trip of
the mission to Theodore Roosevelt.s
home at oyster Bay today The yis-
count feared that the automobile ride
would irritate his throat.
Vice Admiral Takeshita of the mis-
sion is also suffering from a cold and
was confined to his bed yesterday
Evening star., 1917-10-02
IN HONOR OF GUYNEMER.
French Government Asked to Place
Inscription in Pantheon

PARIS, October 2.-The government
has been invited to place in the Pan
theon, where many great Frenchmen
are buried an inscription to perpetuate
the memory of Capt. George Guynemer
the famous French aviator, who was
killed in action recently, as "a symhoI
of the aspirations and enthusiasm of
the army" A resolution to this effact
was introduced in the chamber Of de-
puties yesterday by Deputy Lasies
Evening star., 1917-10-02
Liberty Bond Better Than Gold

the habit of storing it
nd help win this war;
Earn some money yourself,
you old
A. "hen Aoor in strong box"
,n of more
Soc in
weIa 80
,+h;nq but tarnish. Dig a liberty bond-which
in will
value-in gold.
Keep nothing around
iron of bed ticking Put
bonds the millions gold the United States
Think and bank District
Of the Treasury and do this % for yourself and
Country by investing in bond.
Evening star., 1917-10-02
French Army Free of Typhoid.

PARIS. October 2.-Prof. Charles Ri
chet Of the French Academy Nobel prize
winner for medicine In 1919. declared
before the academy YESTERDAY that ty-
phoid fever. which claimed many VIC
tins 1T the beginning Of the war. had
now been virtually eradicated from the
array through vaccination with the Sc
rum discovered by DR.. NJ. A. Vincent OF
the Wal de Grace Military Hospital.
Evening star., 1917-10-02
DRAFT DECISION SOUGHT.
United States Supreme Court Asked
to Advance Appeals.

The Supreme Court Of the United
States was asked to pass on the con-
stitutionality Of the selectivs draft law
Mt the earliest date possible in a mo-
tion presented today by Solicitor Gem
eral Davis.
Appeals by persons convicted of vio-
lating the act have been made, and the
solicitor general asked that they be ad-
vanced and heard together. Among
these cases are those Of Emma Goldman
and Alexander Berkman, convicted on
charges Of urging men of conscription
age not to register.
Evening star., 1917-10-02
HELPS KNOCK OUT LIouop
John L.. sullivan's Speech Swings
Town to Dry Column.

MILFORD. Conn. October o-rh.
successful campaign for no-licenxes
waged this year in Milford, which rs-
suited in the swing over of the town
from the wet column for the first fin.
in ten years. was marked by the an
pearance of John L. Sullivan, formsr
worlds champion prize fighter. as sn
advocate for the 'drys"
Sullivan spoke here about two weeks
ago. and today many credited him viii h
assisting to score the knockout admir-
istered to the liquor interests
Evening star., 1917-10-02
Local Workers Represented.

The employees Of the WASHINGTON
navy yard and Of the naval proving
grounds at Indian Head were repre-
sented at the hearing.
A committee representing the employees
at the Norfolk navy yard was given a
separate hearing later in the afternoon
for discussion of special grievances.
1t is known that the burden of most Of
crease Of wages to meet the higher cost
Of living incident to the war. Facts and
figures were submitted to show that
private establishments making war nuni-
tions paid their employees better wages
than did the federal government for the
same class of work.
Evening star., 1917-10-02
NOTEXCUSEDFR0M
MILITARY SERVICE
D. C. Board of Appeals Re-
fuses to Exempt Police
and firemen.
OTHER CASES ARE PENDING

Policemen and firemen OF the Dhssric'
will mot be excused from military serv
ice on the ground that their services
are required by the local government.
This precedent has been established
by the board of appeals for the DIS
trict, which today sustained appeals
brought on behalf of the provost mar
shal general in the cases of members ol
the police and fire departments who had
been exempted by local boards.
The policemen certified for service
are: Clarence Ashton Musselman. 1l24
9Th street northwest: Odessa Stanford
Hunt, 215s X street northwest; Guy
Rome, 507 5th street northeast; Frank
Joseph Logan. 512 NJ street northeast;
William julius Compiler, 1856 East Cap
itol street northeast; Dennis Joseph
Reilly, 3400 Dent place northwest.
Firemen placed on the accepted list
. by the appellate body are: Morgan
Brooks Harvey, 334 11th street south
east, and Walter Louis Hurley, 1901
Davenport street northwest.
Certified for Service.
, Additional cases of flremen and po-
Ecemen drawn in the draft are on the
appellate docket and will be considered
in the near future. Effort was made by
both the police and fire departments to
have these men exempted on the
ground that the respective services de-
manded a continuation of their duties.
Tho board Of appeals today also GER
b titled the following men for service:
Henry Irwin Pahlow. 513 9Th street
northwest: William Henry Bayward.
720 9Th street northwest: John Roch-
ford Dwyer. 628 F street southwest
Joseph Herman Thompson. 1923 F
street northeast. and Roy Harper
Kuehling. 814 9th street northeast. In
the last three cases appeals were
brought on behalf Of the provost mar
i, shal general and sustained.
; Difficulty Is being experienced BY
Adjt. Gen. Donovan and the local draft
omcials in making up the per cent
quota OF! white RESTRAINTS to go to
men will be required to make up this
percentage. which. with the IS per cent
already In camp. will give half of the
Districts entire quota, composed entirely
!. OF white men
About Thirty to Camp Friday.
: 1t was. stated today that probably
not, more than thirty men will go to
Camp Meade Friday. Credit with be
asked for what are known as paper
men. or persons caught in sthe draft
assignuents by the War Department.
It Is believed that there will be enough
Of these 60 round out the remaining
per cent Of the 80 per cent quota Of
white men. though the list probably
win not Be. finally made up before
Thursday.
BY order Of Inspector Grant. the po-
sliee department today prepared to turn
over to the federal authorities at Wash
ington barracks as deserters Edward
Logan Roche of Eli D street northwest
and Amos Roswell Montgomery Of 622
Louisiana avenue northwest. Roche
who was to have gone to Camp Meade
September rs surrendered to the police
last night. Montgomery was taken into
custody by Detectives Sweeney and
Kelly. He had been ordered to go to
Camp Meade September rs.
Evening star., 1917-10-02
METAL WORKERS HEARD
BYU. S. LABOR BOARD
Discuss Conditions at Government
Plants and Argue for
Higher Wages.

James OConnell and A. J. Berres. re-
spectively, president and secretary Of
the Metal Trades. Federation of Labor
headed a delegation Of representatives
Of all the employees of the various gov
eminent navy yards and stations at a
conference at the Navy Department to-
day with the special labor board Of the
United States, composed of Assistant
Secretary Roosevelt, representing the
Navy Depa rtment; Mr.. Lippman, repre-
senting the War Department. and Mr.
Blackman, representing the Labor De-
partment The meeting was called to
devise ways and means for improving
labor conditions at government estab-
lishments in the matter of wages and
hours of work. with a view to insurins
more stability in the work on hand
and averting the possibilities of strikes
and lockouts.
Evening star., 1917-10-02
Cotton Ginning Report.

Cotton ginned prior to September 25
amounted to 2,4es.3s1 bales. counting
round as half bales. the census bureau to.
day announced in its second ginning re-
port Of the season. Round bales included
numbered so, 1904, and Sea Island. 1871.
Evening star., 1917-10-02
Steamer Floated Off Rocks.

Annoy, China, october 1.-The former
German steamer Keongwai. which was
ar,ven on the Kulangsu rocks in the re-
-. tvnhoon, has eben floated sue
cce.sfuliy. It was feared at first that the
saner would be a total loss.
Evening star., 1917-10-02
ALL|ESANDENEMY
GIVE TIT FOR TAT
|NAER|AL RAIDS
Germans SIay Ten Londoners
While French Strike LARGE
German Cities.
38 PERSONS INJURED
IN BRITISH METROPOLIS
Fierce Battle Fought Over City.
Frankfort-on-the-Main and Stutt.
CART Among Towns Shelled.
GERMAN BOMBS KILL
THREE NURSES AND
WOUNDED SOLDIERS

By the Associated Press.
BRITISH HEADQUARTERS IN
FRANCE AND BELGIUM. Octo-
ber IA German airman has
dropped bombs on two hospitals
behind the British lines. Three
soldiers were killed.
Evening star., 1917-10-02
Have Germans Good win.

A letter from James Rowan sent
from Seattle. Wash, under date of
August 2. to Haywood, says: I'VE have
the good will of the German people
here and we feel that they are in sym
pathy with our cause. We do not call
them Germans. however. but refer to
them the same as others, the fellow
workers.
I'VE are going to carry our points If
we have to stop every industry on
the Pacific coast. We did not declare
war. and we have not consented to the
workingman giving up his liberty and
being drafted
Evening star., 1917-10-02
SEEKS INJUNCTION
AGAINST DRY Law
SaIoonkeeper Questions Con-
stitutionaIity of Act Making
Washington Dry Nov. l.
REVIEW OF ARGUMENTS

Justice Gould of the District Supreme
Court today cited the District of Colum
bia to show cause October 12 why an
injunction should not be issued to pre-
vent the enforcement of the provisions
of the Sheppard Barkley excise law, un-
der which the District Of Columbia be-
comes dry November 1.
The constitutionality of the act of
Congress is called in question by Mar
tin Roth, a saloonkeeper of 420 H street
northeast. The suit for injunction filed
by Mr.. Roth through Attorney ]. c.
De Putron is considered a test case.
Evening star., 1917-10-02
Unconstitutional, He Claims.

A non judicial duty is imposed by the
act upon a judicial body. contrary to
the constitutional distribution of pow
ers. is another objection to the law ad-
vanced by Mr.. Roth. The act, he states
attempts to transfer the power Of re-
voking licenses from the executive to
the judicial branch Of the government
in violation OF the CONSTITUTIONS. ssass
The act is incapable of enforcement
the petitioner AYERS, because 1t directs
the Imprisonment Of J.; corporations
which are artificial bodies not subject
to such restraint.
Referring to the fourteenth and If
teenth amendments, Mr.. Roth points
out three reasons why their adoption
was invalid. He declares that the en-
tire representation from eleven south
ern states was illegally excluded from
the two houses of Congress which pro-
posed the amendments; that two-thirds
Of neither house voted for them and
that the ratification of three-fourths
Of the states was not secured.
Evening star., 1917-10-02
RUSSBREAk THROUGH
GERMANS NEAR RIGA
Advance of Mile Is Claimed-Maj.
Moraht Sees Offensive
Against Slavs.
By the Associated Press.

PETRoGRAD. October a.-Russian
advanced detachments in the Riga re-
eion yesterday broke through the Ger
man lines and pushed forward for a
distance OF one mile. says the ofiicial
statement issued today by the Russian
war ONCE.
Evening star., 1917-10-02
Has Been Generally Observed.

1t was pointed out today that this opin-
ion has been generally observed, the most
recent instance being the recognition OF
the precedent by President Wilson himself
in naming Louis Brownlow to be Commits
sioner for three years from the date of his
confirmation January %, 1915. after the
resignation Of Frederick L. Siddons to &c
on the bench Of the District Supreme
Court.
Persons in touch with precedents in
District appointment matters also point
ed out that there seems to have been
no intention Of preserving any exact
rotation date of Commissioners, as in
the election Of United States senators
for example, because of the rulings
which permit Commissioners to con
tinue in Office indefinitely upon expira-
ton of their terms until their success
sors are appointed.
The most recent example of this pre-
cedent was in the cases of Commission
ers Cuno Rudolph and John A. John
ston. who served from January. 1910
until July 1S. 1913, nearly six months
over the terms for which they were
designated.
Evening star., 1917-10-02
President Within His Right.

1t is understood that President Wilson
sought no opinion from the Departme Mt
of Justice about the term of office for
which Mr.. Gardiner legally could be
named While 1t was pointed out that
the nature Of the appointment suggest
ed leaving the office open at an earlier
date in case 1t was desired to reap
point Maj. Newman upon his return from
military service, there is no indication
from the White House that the Presi-
dent had this aspect of the case in
mind.
Omcials in the Attorney Generals
legality Of the appointment in the alb
sence Of any ohicial request from the
White House for an opinion. 1t was
unonieially stated. though. by men ac-
quainted with the law in appointment
cases. that the President was within
his rights in naming Mr. Gardiner fo-
any period of less than three years
that he desired him to serve. 1t was
explained that the appointment Of a
District Commissioner, in its legal as
pect, is akin to that of the naming of
United States rnarshals or district at
torneys, who. 1t was stated, either may
be nominated. upon death or resigna-
ton of their predecessors. for the un-
expired term or for the full term speci-
fed in law.
Morgan Case Is Cited.
Therefore. it was argued. there can
be no legal doubt of the validity of
Mr.. Gardeners appointment II the Sem
ate District committee confirms him for
the period designated by the President.
A further quotation from the opinion
of Attorney General Devens in the case
of Commissioner Morgan follows:
at will be observed also that If it
were intended to keep these officers
(Commissioners) in distinct classes it
would have been necessary to have pro-
yided that after their permanent ap-
pointment for three years had been
made appointments should be made for
portions of such unexpired terms when
ever vacancies occurred therein by
| death, resignation or removal. No such
provision is found.
What Mr.. Gardeners Friends Expect.
An interesting situation in regard to
| the organization OF the board when Mr..
| Gardiner takes Office developed todsv
when it became known that his friends
believe that the term Of his appoint
ment indicates that he Is expected to
assume the work laid down by Mai
Newman. including the presidency OF
| the board and the supervision Of the
departments of the District government
which Commissioner Newman had in
charge. At the White House 1t was
| stated that the matter Of the organi-
' Continued on Fourth Pa~e)
Evening star., 1917-10-02
sssnrivesssn Russians.

COPENHAGEN, October 2.-Mat
Moraht. the, uanaIly wen informed mill
tary critic OF the Deutsches Tages-
zettung. predicts further Offensive
movements with limited objectives
against the Russians on the lines ~
the recent advances in the Riga and
Jacobstadt sectors. Apparently he be-
iieves that defensive warfare has not
been abandoned in the west He agrees
with Gen. Won tag-Loringhaven,
chief OF the chief supplementary gem
eral staff. that the general Initiative
must remain with the entente. Mai.
Moraht dismissed reports of the Ameri-
can military help for the entente as
Imaginary"
Evening star., 1917-10-02
Contained in Pamphlets.

Some of the evidence used by the
federal government in obtaining true
bills given out by the federal authori-
ties shows that 1t was contained prin-
cipalIy in letters and pamphlets. thou
sands Of which were distributed over
the country. From a book sent by Will
liam D. Haywood. secretary treasurer.
to Duluth Mimi. to be translated into
Finnish, the following was taken:
I'VE are going to take over the in
dustries some day for three very good
reasons: Because we need them, be-
cause we want them and because we
have the power to get them. Whether
we are ethically justified or not is not
our concern"
Evening star., 1917-10-02
Injured by Dry Law, He Says.

Mr.. Roth claims the enforcement of
the dry law would terminate his busi-
ness and would conflscate his stock in
trade as well as destroy his liveli-
hood. He claims he will be injured
irreparably.
Besides attacking the validity of the
fourteenth and fifteenth amendments to
the Constitution, which he claims were
Illegally adopted, Mr.. Roth assigns nu-
merous reasons why the dry law vio-
lates the Constitution, Being a revenue
act. he says it should have originated
in the House of Representatives and
not in the Senate. The act, he claims.
pal purposes that which the same Con-
gress treats as legal for federal pur-
poses
Evening star., 1917-10-02
'UNEXP|RED TERN"
FOR Mr.. GARDINER
Is Named for Commissioner to
Serve Until July
13, 1919.
DATE FIXED BY PRESIDENT

In naming W. Gwynn Gardiner for
District Commissioner the President
broke a precedent, it became known
today. because the appointment is not
for three years. but is for the unex-
pired term of Maj. Oliver P. Newman,
whom Mr.. Gardiner succeeds.
1t had been generally taken for
granted. even at the District building,
that Mr.. Gardeners appointment was
for three years The nomination list
In the Congressional Record discloses
that this was not the fact. The COM
missionership appointment is recorded
as follows:
wv. Gwynn Gardiner of the District
Of Columbia. to be a Commissioner of
the District of Columbia for the term
expiring July 13. 1919, vice oliver p.
Newman, resigned"
Quotation From the Law.
Commissioners is made in the law in
cooperating the municipal government
of the District Of Columbia" as follows:
The official term of said Commission
ers. appointed from civil life shall be
three years, and until their successors
are appointed and qualified: but the
first appointment shall be one Com
missioner for one year and one for two
years, and at the expiration of their re-
spective terms their successors shall
be appointed for three years"
Question Of the term Of the appoint
ment of a civil Commissioner. upon the
-
Of that ONCE. arose in 1880. upon the
naming of Maj. Thomas Phillip Morgan
"a civil Commissioner.
An Official Ruling.
Upon that occasion request was made
Of the Attorney General for ruling.
and Charles Devens. then Attorney Gen
eral. gave the following opinion. which.
it Is stated, has been observed since
The words at the expiration of their
respective terms indicates that when
the term of the ofacer commissioner
becomes to an end, either by death.
resignation. or its own limitation, the
President Is then to appoint for three
years
pointment should be made for three
years until the expiration of the terms.
respectively. OF one or two years, the
words which Congress- would have used
to .express their idea would have. bean
either of their respectice terms or of
these terms, respectively: and provi-
sion would have been made for the fill
Ing OF any unexpfred portions Of such
original terms which might occur
The use Of the personal pronoun
their indicates that when the terms
Of the individuals appointed come to
an end, then the nomination is to be
made for three years. Unless this con-
struction is correct. the statute gives
no authority to fill the Office during
such portion of the term of one of the
Commissioners first appointed which
might remain unexpired when he va
Gated it by death or resignation"
Evening star., 1917-10-02
saloonkeeper's Objections.

The obligation of contracts is i'm
paired by the new law, Mr. Roth urges.
and denies due process of law. The act
is also discriminatory. the saloon
keeper asserts. because 1t favors foreign
dealers over domestic ones. sanctioning
to the former what 1t denies to the
latter, including the plaintiff.
The refusal Of Congress to allow a
referendum before enacting the dry
law is another reason assigned by Mr..
Roth against the validity of the law.
an expression of opinion from the in
habitants of Porto Rico on the excise
question when they had no greater con-
stitutional right than had the residents
of Washington.