davidaulloa/AmericanStories huggingface dataset:
South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-05-16
COURT HOLDS PAR 7
OF FUTURE TRADING
ACT UNENFORCEABLE
Declares Federal Act Infringes
on Police Powers of Indi-
Vidual States.

WASHINGTON, May 15.-Section
four Of the future trading act and
those parts Of the act which are
regulations affected by the so-called
tax imposed by that section Monday
were held uncomfortable by the su-
preme court in an opinion delivered
by Chief Justice Taft 10 which Jus
tice Brandies dissented.
The section was held unenforcea-
bic because il was not a valid exer-
else Of the taxing power of the fed
eral government In that Il attempt
ed 10 regulate transactions over
which the federal government had
nc constitutional control and was an
invasion Of the police power Of the
state.
Section four imposed tax Of 90
cents a bushel upon future trade in
grain when made on exchanges not
designated "a contract markets"
subject 10 federal control or when
not made by actual owners OF the
grain or by the owners Of the rent
ers Of land on which the grain is TO
be grown.
While the decision stated that a
rumber Of the sections of the act
were valid. Sen. Capper republican.
Kansas. one of its authors, declared
that the decision practically des-
trOyed the effectiveness Of the act"
The purpose of the statute was pri-
marily 10 regulate future trading in
grain so as to compel the larger ex-
changes TO admit 10 the mem bership
cooperative farmers organizations
The court found, however. that
there were sections which must be
held valid. such as section nine. au-
thorizing Investigations by the sec
rotary Of agriculture and publica-
ton Of the result
Section three also was declared
valid. II imposed a tax of 90 cents
a bushel on transactions
The provisions of sections and
10 and other parts Of the act de1n-
ing the method Of collecting the tax
under section three. with penalties
for evading It and limitations upon
its application will stand. the chief
justice stated.
The suit was brought ny John
Hill, jr.. and other members OF the
Chicago board OF trade 10 prevent
that exchange from complying With
the act
South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-05-16
Bandits EIude Posses After F allure
To Holdup "Golden State Limited"
One of Eight Robbers Killed
and Another Wounded
by Express Messenger.

TUCSON Ariz.. May l5.-Bandits
who, in true wild west style. attempt
ed 10 hold up the Golden State Linn
tied Of the Chicago. Rock Island and
Pacific railroad near here early Mon
day, and who met rebuff when Harry
Stewart. express messenger. killed
one Of the eight robbers and wound
ed another IN a revolver fight Mon
day night were being sought by
posses. Officers expressed a belief
they might be hiding in this city,
where they are thought 70 have
taken two automobiles The man
slain was identified as Thomas o.
Dugat a rancher living northwest
Of Tucson.
Describing the holdup Conductor
b. NJ Madigan said that when Mes
senger Stewart. who has been in the
service several years and was plan
ming 20 retire because OF failing eye
sight. exchanged shots with the
bandits. he also was under fire.
As I opened the door Of the YES
Thule OF the car" Madigan said, "a
man fired four shots az me. / was
temporarily blinded by fragments Of
flying glass. These was another re-
port a moment later. II was Stewart
shooting the bandit.
After the express and baggage
cars had been cut of. the masked
men pounded on the side doors o.
these cars for the express messenger
10 open them Stewart swung the
door open 10 fire a second time and
I believe he wounded another OF the
gang. They then took % their heels
and I heard the roar Of their ma
chimes shortly afterward as they sped
AWAY"
South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-05-16
SCREEN STAR FACES
CHARGE OF BIGAMY
Marriage of Rudolph Valen-
tinO, Before Final Divorce
Decree. Held Criminal.

Los ANG ELES May IS. - The
marriage or Rudolph Valentino.
screen star. and Miss Winifred
Huddnut. motion picture director.
which was solemnIzed at Mexicau.
Mex. last Saturday. is void in cali
fCrnia and the bridegroom has made
himself subject % criminal prosecu-
ton. according 90 Judge of the SUI
perior court here
This condition lis due 70 the fact
that the intcrlocutory decree OF di-
vorce Valentino obtained from Jean
Ackers. his first wife. on June 10.
1921. will not become final until
rext January In the meantime
according 90 the judges. Valentino
s. stiu married 90 Miss Ackers.
Judge ] W. Summerfield OF the
divorce court. said that the entry of
- interIocutory decree Of divorce
as nothing more than an order Of
the court that. nothing interfering.
the parties would be entitled 20 a
divorce after a, year had elapsed.
II they artemp pied another marriage
within that year. he said. the result
was hlgamy
Inquiry az the Iasky studios.
where Valentino IS employed.
brought the Information that he was
out Of Town for three weeks
South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-05-16
CHICAGO POLICE
SEIZE DYNAMITE
Quantity of Explosives Found
in Home of One of Last
Weeks Raid Victims.

CHICAGO. Nav 15.-A quantity
OF dynamite, fuses and percussion
caps. believed by the police to have
been the chief source Of supply OF
bombs used in the labor warfare
which resulted in the killing OF two
policemen and the arrest OF more
than $50 union leaders last week,
was found Monday in the home OF
one OF the men under arrest.
The explosives. according 20 the
police. were found in the home Of
John Miller, owner Of the abandoned
automobile IN which the bombers
who shot two policemen made their
escape. Miller claimed the autOmo-
bile had been stolen from him.
Attorneys for the eight labor men
indicted. included Fred Nader. pres
ident Of the Chicago Building
trades councilf and Big Tim Muir
ply. known as the city's labor
car" appeared II court 70 demand
trials for their clients whose innO-
cence they protested.
Representatives OF the states at
tofneys office expressed willingness
10 hurry the trials.
Two confessions. one said 20 be
from one Of the actual slayers OF
the two policemen. and the second
from a man thought 10 be the driver
OF the death car. we're in the hands
OF the police Monday night The
identity OF the men and full deals
Of the confessions were kept secret.
The police declared, however.
they had established the identity Of
all the four men in the death car as
well as that OF the men higher up
whom they said had instigated the
shaving
South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-05-16
SUPREME COURT
HOLDS US. CHILD
LABOR LAW VOID
Attempt to Regulate State AZ.
fairs Through Taxing Power
Decision Basis.
ALL JUSTICES CONCUR
Government Will Dis IN 5
Child Labor Bureau, En-
plOying About 30 People.

WASHINGTON. Nav Is. The
child labor law was declared uncon
stitutional Monday by the supreme
court
The law, enacted i'm 1919. was in
tended 10 regulate employment OF
children IN any mill, cannery. work
shop. factory or manufacturing es-
tablishment, under the age of IA. OF
in any mine or quarry under Is by
imposing an excise OF 10 percent on
the annual profits OF those employ
ing such labor. Il vas attacked on
the ground that It attempted 10 reg
ulate an exclusively state function,
in violation of the federal constitu
ton and the 10Th amendment. and
was defined as a mere excise tax
levied by congress under its power
Of taxation.
The law was attacked in the SUI
preme court by three cases from
North Carolina appealed by the gov
eminent. Two of these, the Ather-
ton Mills and that by John j
George and others. were dismissed
on technicalities. but the case
brought by the Drexel Furniture Co
was found in proper form and II
was in that that the law was de-
clared invalid.
The opinion was delivered by
Chief Justice Taft with no dissent
announced.
Officials OF the internal revenue
bureau declined 70 discuss the de-
cision until they could read the full
opinion but stated that the amount
of money involved in taxes was
small and that he child labor bu.
reau, employing about so persons
would be dismissed.
Does the law impose a tax with
only that incidental restraint and
regulation which a tax must inevi
tably involve" the chief justice ask
ed, cor does IL regulate by the use
OF the so-cailed tax penalty. II i
tax. # is clearly an excise. If q
were an excise on a commodity OF
other thing Of value, we might no
be permitted under previous decis
ions of this court to infer solely
from its heavy burden that the act
intends a prohibition instead Of a
tax. But this acr is no more.
After analyzing the principal feat
ures of the law and its operation. he
said IN the light Of these features
Of the act. court must he blind not
TO see that the so-called tax is impos-
cd 10 stop the employment Of chill
dren within the age limits pre-
scribed."
Declaring IT the duty OF the court
10 decline to recognize or enforce
laws of congress dealing with sub
jects not entrusted TO congress but
left by the law 70 the control Of the
states. he said that the court must
perform that duty. even though Il
require us to refuse to give effect &c
legislation designed TO promote the
highest good -
South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-05-16
HOUSE GRANTS HALF
MILLION FUND FOR
PROBING WAR GRAFT
Way Cleared for Unrelenting
Prosecution of Crafters by
Attorney General.

WASHINGTON. ID. G., May Is
The house cleared the road Monday
for what some members described
as IAN unrelenting prosecution Of
war graf1ers" when il put through
the senate bill approprating $500,
600 for investigation and prosecution
OF war fraud cases by the depart
nent OF justice and passed a senate
bin for an additional grand jury in
the District of Columbia. before
which the attorney general may pre-
sent evidence in his fight for in
dictments
Attorney Gen. Daugherty had re-
quested speedy action on both meas
ures Some men who think they
have power in the nation today viii
find themselves behind the bars" as
a result Of the activity Of Atty. Gen.
Daugherty, declares Chairman Mad
den Of the appropriations committee
Supporting the chairman in his plea.
Rep Connally. democrat, Texas. said
he wanted the government 10 get
the grafters in flesh and not in the
imagination" whether they were
Wv AAlfit I ats vi ltlluNlAAttllE.
Urge Thorough Cleanup
But before the next campaign. 8"
said Mr. COnnally. Il hope the de-
Iartment Of justice will get one man
put him in a jail and exhibit him
throughout the country. and ever his
name write what he has done"
Rep. Byrns. Tenn, ranking demo-
crat on the appropriations committee
said the money should be voted
forthwith. adding however. that the
bureau Of investigation had been
given 100000 and that there was
no excuse for the situation in which
the department finds itself today"
AS joint author of the Woodruff
Johnson resolution for the :nvesti-
cation. Rep. Woodruff. republican.
Michigan. told the house that his
vote for the Appropriation measure
in no way affects my determination
TO press for action under the resolu-
ton
"The material question now, Ls
added, is why was not congress in
April advised Of the situation Sc:
forth in the letter Of the Attorney
General which re quickly followed
the Introduction of the woodruff
Johnson resolution"
There was sharp debate on both
sides on this question. which closed
without agreement
South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-05-16
PATTERSON CHILDREN
DIVIDE $4,000. 600

DAYTON, O.. May 15.-The will
of John 2. Patterson, founder Of the
National Cash Register Co. filed for
probate Monday, leaves an estate
estimated at s6.sOO.OOO to his two
children, Frederick r. Patterson and
Dorothy Patterson Judah. who are
named joint executors.
According 10 the document the
estate consists of $4,000 shares Of
common stock OF the National Cash
Register Co. the par value Of which
is $4,000, 600; 1920 shares OF pre-
ferred stock of the same company.
valued al S1.25O,OOO. Liberty bonds
valued az S950.O00. and real estate
,-a ltleF ar 5000 600
South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-05-16
SEES NO H 0PE
OF SUCCESS In
new CONFERENCE
instructions TO Ambassador
Child Say New Meeting
Is Same as Old.
HITS SONIETS' STAND
Declares Inquiry of Experts
Could Deal With Recog-
milton of Russia.

WASHINGTON ID g.. Nav l5.-
TIE state dop4rrmon- mad public
,f,,.r. .r -,..
Sa''I -.'' "' ''0''- H-'''l''
ing the invitation to participate IN
tho new European Economic cor-
f.. ,.s-,., ,. -~r, Ff,--,.
''.o-l 90
% .''' -.'''
'ilV Ii''ll'- o., "e il"7-e- a .l'''
Noulu dII' yer ~ '' '''e
nue. 'i '.
tie Genoa CONFER ei''e' "'.1 'e7 .o
TO 'Oo1l',e' ."s si.le ui'''' yes "a
lHe ATTITUDE olsciDsed 10 inc RUSSIAN
p. 'Id l.''uIh OF May II remain uh-
'hahs'o
condemns Russian 'onditi"ns
Inc lhese''ao'e ana ul,'hia,e
question. me American noie St-',
South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-05-16
A. f. OF L. SETS FORTH
POLITICAL DETECTIVES

WASHINGTON. d. G.. May I5.--
accommodation OF the political
cbiectives which organized labor
should seek in the congressional
election were outlined IN a "prCc,n-
nation" distributed Monday by the
American Federation OF Labor 10 its
40 900 locals through the recently
ORGANIZED non-partisian campaign
committee. Wage earners and their
sympathizers should keep two care
inal principles in view, the state
ment said. and enumerated this 20
lie.
Opposition 10 every candidate who
viii not pledge himself 10 oppose any
form Of compulsory labor law and
10 every candidate FOR
any Office who will not pledge him
self 20 oppose court injunc-ions
and contempt proceedings a. a sub
s;itute for trial by jury"
South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-05-16
SOVIETS DEMAND
ACCEPTANCE OF
THEIR PROPOSAL
Declare New Conference Will
Fail Unless Mixed Commits
sion Plan Is Adopted.


GENOA May IS Russia will
participate in the proposed confer
ence at The Hague to discuss the
Russian question. NJ. Eakovsky an
nounced Monday night after a meet
ing of the Bolshevik delegates.
NJ Rakovsky declared that in his
judgment. which he said was also
the judgment Of his fellow delegates
unless the Russian idea of a real
mixed commission were adopted. in
stead Of the double commission idea
proposed by the powers. The Hague
conference was bound 10 prove as
sterile as the Genoa conference.
NJ. RakOvsky emphasized that the
Soviet delegation had found unac-
ceptable the proposition Of the pow
ers whereby no treaties could be
entered into with Russia during the
Hague meeting. He said this would
mean a disruption Of the conference.
object To The Hague.
He wanted the entire world TO
understand that communistic Russia
was heartily in favor of a permanent
on-aggression pact by which ma
tions would mutually engage TO re-
speCt each others territorial integ-
rity After having disclosed that the
Russian delegations would partici-
pate in The Hague conference the
Russian spokesman said his delega-
ton would prefer that the confer
ence he held in some other city
There were two reasons for this
first. Holland, unlike Italy and some
of the other powers. had concluded
no treaty with Russia nor even tried
to do so; and second. communica-
tons between Moscow and The
Hague will be difficult He added
emphatically: we will insist on
some city other than The Hague"
The gathering 20 hear what N.
Rakovsky had 10 say came some
what near being dramatic. The
Russian kept the press correspond
ents waiting so long that they or
ganized what some described a. A
soviet, others a plebecite voting that
Journalistic solidarity and dignity
require that the correspondents leave
Immediately"
suddenly NJ. Rakovsky came dash
ing up. He presented his excuses
and saved the situation
He explained that the delay was
due to the fact that the Russian dele
lCsor+fDrtod on rooo tu-o
South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-05-16
BORAH ASKS j. S. TO
RECOGNIZE RUSSIA
Resolution Calling for Soviet
Recognition Is Laid
on Table.

WASHINGTON. May 15.-Propo-
sails made at Genoa that the United
States be invited 10 attend a further
discussion OF European economic
problems at The Hague next month
We're discussed in the senate Mon
day when Sen. Borah. republican.
Idaho introduced a resolution favor
ing American recognition Of the SOW
let government OF Russia and OK
changed views with Sen Hitchcock
democrat, Nebraska. on the wisdom
Of the United States accepting the
invitation 20 participate in Tho
Hague conference
The Russian resolution introduced
by Sen. Borah was obliged to lie or
the table II said
Resolved That the senate OF
the United States favors recognition
Of the present soviet government of
Russia"
IN the debate sen. Borsh opposed
participation 10y the United States IN
the conference ~ The Hague next
month. SAYING the aid Of America
WIS IT'D. IIf...fl IT'D cure NIIH
illness OF Europe. which he 5es-
cr.bed as due 20 the Verse iles
treaty. while Sen. Hrchcock sid i-
might be well for this country t7
exert her influence in European
councils
Government Strong.
Five years have gone by since
the Russian people established the
soviet government That govern
ment has stood now without recog-
milton. We are advised by Ameri-
cans returning lately from Russia
that II Is much stronger govern
ment than NJ any time in its history
and that it is making progress in
solving some ~ the problems %
Russia. There is no other govern
ment n Russia. There can De no
other government without great
bioodshed
we are face 70 face with he
recognition OF Russia or excluding
her from the family q nations I;
seems % me. therefore that the
thing -r do is 20 recognize the &c
facto government"
In discuss the Genoa. confer
ence the Idaho senator said the
United States very wisely had re-
Trained from sending representatives
and he added that he hoped u also
would decline the invitation of The
Hague conference Sen. Hitchcock
said he believed the United states
could exert lts influence better BY
participation.
Sen. Borah said this nation couid
best exercise its influence free
from European Influences.
he said tEat the Versailles treaty
could be modified and Russia rec
ognized without American partici-
patton in European councils
Sen. Pomerene. democrat, Ohio
asked II he thought the Russian g0~-
eminent would recognize debts OF
the prior governments 20 the United
States and other countries and Sen
BoArh said that this appeared prOo-
able
South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-05-16
State Wins Point in Opening
Skirn1ish in GoU. Small Trial
Judge Edwards Rules Private Records Kept During Term
Treasurer Fred Sterling, We're Admissible as Evidence
in Attempt Prove Conspiracy Charge.

by AH~ocldLeu tress.
WAUKEGAN. IL. May 15.-The
state won the orening skirmish on
Monday in the trial OF Gov Small
charged with conspiracy 20 embeZzle
state funds. when Judge Claire G..
Ewards ruled. over the objections
OF the defense, that private records
kept during the term OF Fred f.
Sterling AZ state treasurer. could be
admitted in evidence.
c. c. Leforgee. chief OF counsel
for the governor. fought 20 bar the
record book, a ticker or daily
cash balance sheet from evidence
and challenged the right OF II. o..
Luehrs. assistant state treasurer and
witness for the state. 10 testify as
to items appearing in 50.
1t was brought tut that the book
was considered in the treasurer's
office as the personal property Of
the treasurer and that IL was the
practice 10 turn il over 20 that Off
cial along with certain other rec
ords when he retired. The state
developed that a number OF books
and records for which they called
had been turned over 10 Gov. Small
when he rtired from the treasurer's
office in 1919.
safe Fund" Transactions.
Through the ticker" Edward
Pre-. of the prosecution, told the
court the state would seek TO show
that the Grant Park bank. to which
IL is alleged the governor and MI
Sterling loaned sums totalling s29,-
100000 was synonymous with a
safe fund" carried on the treas
urer's books The state alleges
that the Grant Park bank did not
exist.
Mr.. Luehrs testified that when a
draft was drawn on the treasurer's
office payable TO the Grant Park
bank, the so-called safe fund" was
increased a corresponding amount,
and when the draft was reraid %
the treasury the safe fund" de-
creased. All other state funds car
ried on the books under the title
og vault funds" were loaned to
some ESQ other banks, he said.
The witness stated that interest
statements were mailed to these
other banks each month with a re-
quest for a remittance but that so
far as he knew no such statements
were sent to the Grant Park bank
He also said that the collateral
pledged by the other banks as Sc
curity for the state funds was kept
in the treasurers office. but that
he never saw collateral representing
the deposits in the Grant Park bank
and that Gov. Small told him that
the certificates OF deposit for the
safe fund were kept in Chicago.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-05-16
DROPS DEAD ON WAY TO
GET MARRIAGE LICENSE

FORT WAYNE. Ind. May Is
Margaret Opdyake, "a. dropped dead
in the court house Monday after
noon while on her way with Eugene
Counsellor 20 get a marriage license.
Her fiancee said she had been suf-
feEsnE 1rsn heart trUlbsA
South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-05-16
Hughes Opens A FILTRATION Conference
To Settle Chilean-PeruUian Problem
45-Year-Old Controversy Over
Tacna-Arica Started Toward
Peaceable Settlement.

WASHINGTON, May Is - In a
new environment OF peace and con-
Citation and under the friendly aus
pices of the United States govern
ment Chile and Peru resumed ne
gouauons Monday for settlement OF
their - year old controversy over
Tacna-Africa
characterized by Sec'y Hughes as
a "harbinger CT a better day and a
lasting peace upon this hemisphere. %
the conference began with formal
declarations OF sincerity and high
purpose on both sides throughout
the opening session the dominant
note was one OF calm confidence
over the outcome Diplomatic rep
resentatives OF great and small gov
ernments and many high officials Of
the United states were witnesses TO
the conference opening.
The impressive prelude ovcc the
delegations OF Chile and Peru met
separately 20 further perfect their
organization and 10 arrange for thei:
lllrt Ju4lt SeNN4oh ~ tiloi to" All q
private committee room. II Is al
tomorrow's meeting that the real
work is expected 10 begin.
Acting as spokesman OF Pres't
Harding. on whose invitation the
delegations came here. Sec'y Hughes
called the opening session 90 order
a few minutes past noon and deliv-
cred short address OF welcome.
Luis Izquierdo responded for Chile
declaring his government welcomed
the opportunity 10 make new at
tempt here at settlement OF the old
controversy and Melton Porras.
speaking for Peru. pledged full CO.
operation by his delegation for o
Just settlement.