davidaulloa/AmericanStories huggingface dataset:
Every evening, Wilmington daily commercial., 1922-05-04
CERTAIN STATE
OFFICERS EXEMPT
FROM INCOME TAX
Continued from page 1.

The action was brought by tho dis
trict Judge OF the United States for
the Western District OF Kentucky, to
recover money paid under protest as
tax upon his salary a. such ofYicer.
II was insisted In his behalf that the
provision under Section 2I3 OF the tax
law. which subjected him to tax in
respect OF his compensation as a
Judge. by Its necessary operation and
effect. diminished that compensation.
and. therefore, was repugnant to the
constitutional limitation just quoted.
The court. after fully considering the
taxing statute. the above quoted pro
visions from the constitution, and
the 18th amendment to the consti-
tuition. which authorized and sup
ported the levying OF an income tax,
was OF the opinion. after full discus
sion OF authorities. that tho tax In
question was imposed contrary to the
constitutional provision. and adjudged
the same TO 10 invalid. This con-
clusion OF the Supreme Court was ar
rived at chiefly upon tho ground that
the levylnR and collection OF an iu-
come tax upon the compensation Of
Federal Judges amounted In effect
and law to a diminution of such COM
pensation.
find no decided cases which. under
similar conditions of the exercise OF
taxing power and constitutional pro-
vision. arrive at any other conclu-
sion than that q the courts In the
above cited cases.
There are also several reported
opinions Of attorneys general In sew
eral states. bearing upon the question
under consideration. all OF which.
however. agree with the foregoing
cases.
In view OF the foregoing authorities
am OF tho opinion that the salaries
OF state officers who were In office
at the time of the adoption OF the
state Income Tax Law are not sub
jected 10 taxation under said law.
This opinion is intended 30 deal with
the taxation OF the salaries and emol-
uments of state officers only. that
being the scope OF the matters upor
which my opinion Is requested by the
attorney general.
Included In this opinion arc tn,
salaries and emoluments Of all stat,
public officials and all deputies oi
state public officials authorized AND
prescribed by the constitution or 10y
statute. accruing during their cur.
rent terms OF office. among which
may be specified the Chancellor. Chic
Justice and Associate Judges. mem,
hers Of General Assembly, lepis
lative officers. the attorney genera
and his deputies. and oil exeoutiv,
officers IN every branch Of service II
behalf OF the State, who were II
office AT the time Of the adoption o
the State Income Tax Law Of 1921.
Every evening, Wilmington daily commercial., 1922-05-04
FRANCE AND BELGIUM STICK
AGAINST PROPERTY CLAUSE

Genoa. May 4--Frences decision 20
support the opposition OF Belgium TO
the private property clause Of the
memorandum sent the Russians was
announced today by the, French dele
alton here, on receipt OF official in
formation from Paris. II was added
that Vice Premier Barthou, head OF
tho delegation. would hasten hia re-
turn TO Genoa, arriving hero Saturday
This announcement In believed to
mean that France. like Belgium. will
not sign tho Russian memorandum
until the property clause is further
amended In a manner satisfactory TO
Belgium.
French representatives hero con-
Ceded today that the more tho prop
yerty clause is amended 10 satisfy
Belgium the less satisfactory will II
become to the Soviet government. and
therefore. as tho question OF national.
lzcd property In A Fundamental on.
for tho Soviets, further changes are
liable TO Increase the difficulties ot
tho negotiations
Every evening, Wilmington daily commercial., 1922-05-04
DR.. CHAs. M. HANDY
CONTINUES AS HEAD
OF HEALTH BOARD
Continued from page /

day. Tho six executive officers, how
ever. were not sworn In by Mr.. Sim
mons until after tho boards meeting
this morning and they had been ON
cially appointed.
No radical changes Of any kind were
made at todsy's meeting OF the new
board 30 far a. the enforcement OF
tho health rules and regulations Of
tho city In concerned. Tho meeting
was executive. but at It's conclusion
It was announced the only change
made was tho decision TO hold the
regular meetings of the board BIZ
monthly. on Wednesday mornings at
10 o'clock, instead OF on Tuesday af-
tcrnoon. as was tho custom with the
old board
The biggest change made by the new
board was tho election Of DIR. McBir-
ney ns secretary. He is a graduate
physician who has had wide exper-
ience in public health work and he
has made "A special study OF this par
ticular line OF sanitation. He served
In tho army during the war and was
In Russia In command OF n medical
unit that had charge OF the sanitary
arrangements OF wide ares. He has
also had hospital and public health
training In the city Of New York and
Is said to be especially well fitted 10,
the work that will bc required OF hin
as secretary OF tho board.
None of the members Of the new
board would have anything TO say to-
day about any changee that may b'
contemplated relative TO tho genera
health rules for Wilmington but II |,
generally understood that the AFFAIR,
Of the new board are going to be con
Quoted along lines different from pre-
vious health departments and that ef
forts arc to be made TO improve 10'
per cent tho sanitation Of this city.
Every evening, Wilmington daily commercial., 1922-05-04
RECREATION CO. IS
DEFENDANT IN SUIT
Court Asked to Decide Whether
Il Committed Acts OF Bank
ruptcy.

In the United states District Court
this morning tho case of George W.
Seeds. Warren E. Thompson and Jo-
seph c. and Irving II. Brinton (Brin-
ton Rrothers) against Tho Communi-
ty Recreation Co, Of 706 West EleV-
enth stree. came up on the Issue OF
solvency nnld 10 be the first case OF
the kind that has come before the
Federal court and a jury in this dis
trict. in which this issue has arisen.
As the matters in controversy re
late TO the Auditorium enterprise and
those engaged in II, the case has much
local interest
A decision was asked on two points !.
whether or not the Community Re-
creation Company committed certain
alleged octs OF bankruptcy prior 10
July IL. 1921. and whether or not II
was insolvent at that time.
The jury impaneled 10 hear the case
was as follows:
Peter T. Wright, John 7. McGovern
James -. Gibboney. Lausatt r. Rog
ers, Benjamin r. Hudson. Robert M
Mothera1i, Siias J. Warrington, HarrJ
r. Mellon. William A. Barr, James
=. Ford, Harlan G.. Scott
In his address to the jury attorney
Lilly eaid he would show that the af
! fairs of the company were in a state o
confusion at the date referred to. wheI
a mortgage was made to certain o
their creditors for $4,000. II the com
pany was not then solvent, this wa
an improper act. Tho making of tn
mortgage was not denied. he said. bu
the claim was made that the compan.
was not Insolvent end II is on thi
point that an opinion is asked.
The officers at the date in question
were N. w. Howell. treasurer; l.. L
Hoopes. secretary, and George L. VII
} son, vice president.
Mr.. Howell was called 20 the stan
b and identified the books OF record. an
- gave the details OF the condition q
: the business at the time. OF the author
I lied capital stock OF 100000. s33.S7
!. was outstanding.
Items Of indebtedness stood at ss7
. 537A9 which included bond and mort
e gage, 1850; accounts payable, SO
Z 245.13: accrued interest, sf.2s7: note
payable. j15.ooe: Federal tax, s43o.5i
city and county taxes. s35.2s.
Every evening, Wilmington daily commercial., 1922-05-04
INACCURATE
STATE CONVENTION
Sixth Annual Meeting Of Or
ganization in Session In
Bethany Church.

The sixth annual meeting OF the
Delaware Baptist State Convention
opened last night In Bethany Church.
George r. Irwin presiding. Tho seS-
sion WAS resumed today.
At this mornings session Rev.
George d. Allison. pastor OF Second
Baptist Church, was reelected presi-
dent. Rev. o. Grey Hutchison OF Do
YER. was reelected vice-president. and
George +. Irwin Of Bethany Church.
secretary. Tho following trustees were
elected for three years: Theodore Hall,
Isaac l.. Wright. Thomas s. Taylor,
| Fl. Ross F'arra.
given by A. G.. Pierce of Bethany
Church. He regretted that tho pastor
Rev. Charles G. Earle. Is very III In
Boston and unable to be present. Tho
convention sermon was preached by
Rev. Samuel c. Welsh of Milford.
The report OF the missionary COM
mittee was given by Rev. Joseph Y.
Irwin. pastor OF Delaware Avenue
Church. He reported that last year
was not quite rs successful as others
because OF financial and Industrial con-
ditions. although progress had been
made.
One Of the important business fea-
lures of the session last night was
the adoption OF a resolution providing
for the organization OF Iaymen's
Association for the purpose OF stimu-
lating the interest OF Baptist men In
their churches, and TO make for a
closer cooperation.
Tho resolution was presented by Il
Ross Farra OF Delaware Avenue
Church. Delegates 10 represent the
various churches at an orga nizatior
meeting were appointed as follows
George c.. Penny. Second Church
George Hanson. North; n. Anderson
Swedish; Charles Roehm, German, and
George r. Irwin. Bethany.
A special musical program by the
Bethany Choir. under the direction
of J. X. Slawter. opened the session
Solos were sung by Mrs. Horace Ball
Mrs. George c. Neith and J. !. Croe
san. William T. Ellis OF Philadelphia
wss the speaker.
The Women's State Missionary SO.
ciety will have charge OF this after.
moons session. Mrs. o. Gray Hutchi
son OF Dover. president. will preside
Miss Clara Mayhew OF Camden. n. J.
Will speak on home mission work
and Mrs. Baker OF India will discuss
foreign work. Reports will be hesrt
from the State societies. A mission
ary pageant. entitled Others or King
doms and tho Nations" which wa
given in Bethany Church last Sunda,
evening. will be repeated
I fph
10 the young people. Rev. Arthur c
Baldwin OF Philadelphia. who was on
of the Lenten speakers at the noon
day services In st. Andrews Churcl
! this year. will make the main address
Every evening, Wilmington daily commercial., 1922-05-04
STAND PR0PR|ETORS
ARE TO Be ARRESTED
McAteer Issues Final Warning,
Gets Evidence Against
Law VioIators.

Warrants will. IN all probability, be
issued today for those people IN the
city markets who persist in violating
the resolution OF the Street and Sewer
Department prohibiting the use OF
stands on the sidewalks beyond the
building line.
Edward McAteer, clerk Of tho mark
ct. yesterday afternoon issued final
warning to a number OF these stand
proprietors on King street. and has
also taken several photographs OF the
stands that are in use, 20 be used
evidence, when the cases are tried in
the court
Mr.. McAts9 said this morning tina,
there will be action very soon and
that something is going TO be done to
make the violators comply with the
law.
Every evening, Wilmington daily commercial., 1922-05-04
is SEIZED
FOLLOWING ACCIDENT

As a result OF a truck Of Emon NJ
Harris of Colling sdale. Pa, and an
automobile OF James Il, Jacquette of
Wilmington colliding on q county
bridge, last fall. Deputy Sheriff
Parker seized the truck on q writ of
foreign attachment yesterday after
noon, while IL WAS delivering ice
cream in this city.
Harris gave $500 bail demanded by
Prothonotary Hoffecker for his ap-
pearance in the Superior Court. When
Harris was cranking the engine of
the truck preparatory 10 returning
TO Collingsdale. it backfired. and the
vehicle was considerably damaged by
flames, which policemen extinguished
in the courtyard OF the Public Build
ing.
Every evening, Wilmington daily commercial., 1922-05-04
LLOYD GEORGE TAKES COUNSEL
ON RECOGNITION OF RUSSIA

Genoa May s.--Ths Havss Agency
says II understands that during tho
Converts tons Prime Minister Lloyd
George and Foreign Minister Schanzer
OF italy have been holding during the
past few days tho subject OF Russian
recognition has been considered. Tho
question discussed was whether. in
case the Russian delegation accepts
the allied memorandum, the gub-com-
mission on Russian affairs should not
be asked 20 appoint a special COM
mission to examine the possibility Of
recognizing forthwith the Soviet gov
crnment as a government de ture.
Every evening, Wilmington daily commercial., 1922-05-04
SWEDISH PREMIER SEES
CONFERENCE BENEFITS

Genoa. May 5.-HIalmar Branting,
the Swedish premier. who has been
attending the conferences here ex-
pressed confidence on leaving today for
Stockholm that the Genoa gathering
would end with useful accomplish
ments.
The first encounters between Eu-
rope and Russia seemed difficult, and
considerable apprehension was felt in
many quarters, but now the ice is
broken something useful certainly will
be" concluded said NJ. Branting.
Every evening, Wilmington daily commercial., 1922-05-04
Search Here For Runaways.

-Four runaway boys from the Mary
land Training School for Boys at Lock
Haven, Pa. are being sought in. this
city. The boys escaped on Tuesday
night.
They are William Keyser. 16, feet
6 inches tall, weighs about 1so pounds.
dark hair and brown eyes; George
Shaffer. II. feet s inches tall. weighs
l2S pounds. light hair, gray eyes;
Russell Wright, IT. height. feet, s
inches. weight, l25 pounds. red hair,
hazel eyes; Joseph Schnmache, Is,
height feet s inches. weight, 147
pounds, brown hair, blue eyes.
The boys all wore khaki trousers
and dark caps.
Every evening, Wilmington daily commercial., 1922-05-04
ICE PLANT CLOSED.
Vibration From Engine Said to Have
Cracked Walls of Nearby Houses.

On complaint OF nearby residents.
who claim the engine vibrations have
damaged their homes. the Wilmington
Ice Co. inc, OF 4os North Harrison
street. has closed its plant
Persons living in houses on Fifth
street, west OF Harrison, state that the
plaster has been shaken from the
walls OF their homes by the vibration.
and that in some cases the walls have
been cracked
Building Inspector Preston made ain
investigation OF the houses, and found
that the walls have been considerably
cracked In several places. The Ice
plant will remain closed until a fur
thr investigation OF the cause OF the
trouble has been made and a remedy
found.
Every evening, Wilmington daily commercial., 1922-05-04
WRAPPED CARRIAGE SEEMS
TO ATTRACT CATS

M number Of complaints have been
mad about the unusually large num-
her or cats that are running wild
through the streets % the city at
present The condition has been
brought about by the wrapped garbage
ordinance, which has cut of the food
supply Of the animals that are with
out homea
In son,e. sections OF the city people
are kept awake until all hours of the
night by the noise msde by desperate
animals IN their attempts 10 break
into the parcels OF garbage. In some
cas.s the animals have become dar-
inr enough Go attemp, 10 enter
Kitchens In their search for food.
Every evening, Wilmington daily commercial., 1922-05-04
Building Permits Issued.

Permits issued this morning at the
office of Building Inspector Ellis p.
Preston were as follows: o. J. Brady,
south east corner Oak and Franklin
streets. addition, $50; Edgar Wood
ward. 1901 King street, addition. $50;
George Wintner. Sixth and Church
streets, private garage. s35e; S. b.
Cooling. 7l6 King street, alterations,
S1,700; DIR. J. Draper Brown, 922 Madi-
son street, addition, 5000.
Every evening, Wilmington daily commercial., 1922-05-04
OBITUARY.
Mrs. Anna c. r. MInnlck Dead.

mrs. Anna L. X. Minnlck Dead.
After an illness OF more than a
year, the last three months Of which
she was confined TO her bed, Mrs.
Anna c. Reilly Minnick, wife OF John
II. Minnick. died this morning at her
home. l7ls West Thirteenth street.
The funeral will be held Saturday
morning. At $50 o'clock there will
be a solemn requiem mass at the
Sacred Heart Church and interment
VIII be made in Cathedral cemetery
Mrs. Minnick was a daughter of the
late General William A. Reilly and
Catherine Reilly. She was an active
member OF the Catholic Daughters of
America and of the Ladies of Charity
or ST. Peters Cathedral. In addition
10 her HUSBAND she is survived by
two sons, William II. and Robert Lee;
a brother. Francis W; two sisters.
Mary Agnes Reilly Of this city and
Mrs. +. j. Shields Of Philadelphia.
Anna NJ. Cain.
Anna NJ. Cain, "a years old. died
yesterday at her home, 2foI West
Sixth street. Funeral services will be
held Saturday afternoon.
Elizabeth Stirling.
Eliza beth Stirling, 50 years old. who
died this morning at her home. I'LL
Scott street, will be buried Saturday
afternoon.
Charles M. Ritner.
Charles M. Ritner died yesterday al
his home, 2109 Carter street. Funera
services will be held tomorrow night
with interment on Saturday at Bev.
erly. U. j.
Sarah J. Sweeney.
Sarah j. Sweeney died this morninl
at the home OF her son-in-law, AIher
B. Wilson, 734 East Sixth street
Funeral services will be held Monda,
mexrinx,
Every evening, Wilmington daily commercial., 1922-05-04
Sixty-six Unemployed Are Placed.

Sixty-six men were placed by the
Public Employment Bureau. In the old
City Hall, this mdtning. Sixty men
We're placed with one concern as lab
orers on a special project. Eight men
were referred 10 openings and nine
men were registered. Ten women
were placed through the womens de-
bartment, and nine others were re-
'ferred to openings. The applications
OF IL women were filed.
Every evening, Wilmington daily commercial., 1922-05-04
CHICAGO LIVE STOCK MARKET.
BY Associated Press TO Every Evening.

BY Assoclated Press 20 Every Eyenlng.
Chicago. May Receipts.
$4,000; active beef steers. she stock.
veal calves. stockers steady; top yearlings
925:- bulk beef steers OF quality sell at
7.75 to $50; bulls weak TO lower:
vealers; outsiders paid upward TO 925.
Hogs-Receipts. 26,00o; fairly active:
mostly Is TO 25c higher than "Wednesday 5
average; big. packers holding back
top, 1o6S; bulk. 1000 70 1890: pigs
strong to i5c higher; bulk. 1000 a 1880
packing sows Is to 25c higher.
sheep Receipts 10000; desirable light
and medium weight Arm lambs opening
early top shorn lambs, 1855: wooled
i64O. some held higher: best handy
shorn ewes, 900, heavies neglected, some
bids lower,
Every evening, Wilmington daily commercial., 1922-05-04
wANAMAKER QUITS AS HOST.
Resigns ~ Head OF n. Y. Reception
Committee and Police Officlal.

By Associated Press to Every Evening.
New York. May 4.-Rodman Wanna
maker. special deputy police commits
sioner, and chairman of the mayors
committees on reception to distin-
guished guests. on public welfare and
on permanent memorial. rendered his
resignation today as chairman of the
three committees,
The designations were submitted,
Mr.. Wanamaker wrote, in order that
you may be quite free in your plans
as you begin your second term of Office
with the overwhelming Endorsement OF
the people of New York City" His
designations, he said. dissolved the
committees he appointed at the
mayors direction.
Every evening, Wilmington daily commercial., 1922-05-04
Card of Thanks.

W. wish To extond our sincere
thanks 10 the Lawrence Roberts Post.
American Legion, officers and men OF
the Bureau OF Police and Bureau of
Fire., friends and relatives. and
nurss. Tor their friendly acts Of kind
ncss, expressions OF coincidence and
Horal offerings In the time Of sor-
row and bereavement MIR. and Mrs
Charles Papa and family.-Ady.
Every evening, Wilmington daily commercial., 1922-05-04
Returning From the South.

Mr.. and Mrs. A. NJ. Walls of Sauls-
bury, Md, are visiting Mr.. and Mrs.
J. w. Hirons. 2004 Van Buren, street.
Mr.. and Mrs. Walls are on their way
home from New Orleans, where they
have been attending the thirty-fifth
triannual conclave of the knights
Templar. On their way back they
made a side trip to st. Augustine and
Jacksonville. Florida. and Savannah,
Georgia.
Every evening, Wilmington daily commercial., 1922-05-04
BERLIN SEES LITTLE
BENEFIT FROM PARLEY

Berlin, May 4.-Tangibls results.
which can be set down in black and
white. will hardly be forthcoming at
the Genoa conference. in the opinion
of Theodor Wolff, editor-in-chief Of
the Berliner Tageblatt.
Hhe believes the conference will
fade away like the evening glow"
Every evening, Wilmington daily commercial., 1922-05-04
Married by Mayor Harvey.

Samuel f'rigond and Miss Anna Ack-
erman. both residents OF Philadelphia,
both rs years Of age and both ma
uVas OF Russia. were married this
morning by Mayor Leroy Harvey in
his offices in City Hall. Frigond gave
his occupation as that of a dental
mechanic.
Every evening, Wilmington daily commercial., 1922-05-04
p. +. CHURCH SEATS WOMEN.
Massachusetts Diocesan Convention AT
Boston Breaks Precedents.

Boston, May 4.-F'or the first time
in the history of the Episcopal Diocese
of Massachusetts,. women have been
admitted to a diocesan convention as
lay delegates. -Four women thus seat
ed will vote today In the election OF a
bishop coadjutor.
A two-year struggle for a change
in the canons of the Church to admit
women as delegates to conventions
ended when the delegates voted for
woman suffrage. The clergy favored
the innovation by IS to 80 and the lay
delegates by 40 to "a. Tho women who
had been refused the privileges of tho
floor. except as visitors. were recog-
nized Immediately.
Every evening, Wilmington daily commercial., 1922-05-04
ShIpwrecked Crew Landed Safely.

The crew OF the derelict lumber
laden schooner Josephine, which was
reported in Every Evening two days
ago as having stranded off the North
Carolina coast, have been landed at
Jacksonville by the schooner Camilla
May Page. according to reports re-
ceived here today. The Josephine is
owned by the Robinson Transportation
Company Of this city. The abandoned
vessel was picked up by the cutter
Seminole, and. while being towed
struck the Cape Fear Shoal. The boat
carried a crew Of seventy-five.
Every evening, Wilmington daily commercial., 1922-05-04
EDITOR GETS 100000 AWARD.
Publishers of Police Gazette Sued for
Breach OF Life Contract.

by Associated Press TO Every Evening.
New York. May 4.--William A. Raj
ter, sporting editor Of the Brooklyn
Standardization, was awarded 100000
by a Supreme Court Jury today in a
breach of contract suit against the
Fox Publishing Company, publisher
of the Police Gazette
Rafter sued for 100000, alleging
the company had broken contract
making him editor of the publication
for life.
Every evening, Wilmington daily commercial., 1922-05-04
Crew Admits His Guilt.

Admitting his guilt. William Crew,
charged with uttering worthless
check on the Security Trust and Safe
Deposit Company for s21.Tb. was held
In $500 bail for upper court by Judge
Hastings in Municipal Court today
Crew who is from Smyrna rendered
the check in payment for suit at
Goldstein's store 20I Market street
Yesterday.
Every evening, Wilmington daily commercial., 1922-05-04
SUPPOSED swINDLER AT WORK
Police Search for Realty Agent Who
Demands Rent for Houses In Advance,

A fake real estate agent who has
caught several people in his scheme is
being sought by the city police.
The agents" plan is to advertise a
house In the 'for rent" columns of a
daily paper, although he does not own
the house he proposes to rent. Let
ters are to be addressed TO a certain
box number in care of the newspaper.
After a prospective renter has viewed
the house from the exterior he is ask
ed to send a check for a months rent
in advance, to the agent.
One woman has reported TO the po-
lice that she sent $50 to the man, who
showed her a fine house near the CEN
ter of the city for $40 month rental.
The agent" has since disappeared.
Every evening, Wilmington daily commercial., 1922-05-04
OSER FEARFUL OF SLIP.
Oablegrams to His Rich American
Flancee Unansweredg He's Uneasy.
BY Associated Press to Every Evening.

Chicago. May 4.-The engagement
of Miss Mathilde Mccormick. IT years
old, daughter of Harold f. Mccormick,
and granddaughter of John d. Rookie
feller. Sr.. to Max oser. Swiss riding
academy proprietor. today stands just
where it did when II first became
known several weeks ago. according
to comment obtained from the Nc
Cormick home here.
Interest was renewed yesterday with
receipt OF Paris dispatch saying oser
was worrying because cablegrams TO
his fiancee were unanswered.