davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-02-12
HORSELESS BULL FIGHT.
Affair to Be Held
in Jaurez Sunday.

FL. PASO, Tex. February IL R.-
Juarez has announced an "Ameri-
canized" bull fight as a part of its
Mardi Gras next Sunday. The bulls
will be killed, but it will be a horse
less affair. -.-- -.=..
"As a compliment to the American
public no horses will be used" says
the announcement. Americans, with
their ideas of giving everybody a
fighting chance, protested against the
picador riding an antiquated, bony
and blindfolded horse into the ring,
poking the bull in the nose with a
long pole and then letting the horse
take the consequences.
Sidney Franklin, American matador,
Will dispatch tina b,1llA
Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-02-12
MAY QUIT FOR SEASON.
Al Jo1son Likely to Have Tonsil
Opera ton.

WEST PALM BEACH, Fla, Febru-
airy IL OPAL Jolson. musical COM
edy star, may be forced to call off his
engagements for this season, he said
yesterday.
IT am not sick but my tonsils have
been bothering me. l shall go TO New
York when / feel a little better and
have them taken out" ne declared.
IF the operation helps me, l shall
rejoin Big Boy" in Chicago.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-02-12
CALIFORNIA Is IN GRIP
OF WRULENT SMALLPOX
An Residents of State Warned to
Take Precaution of Vac
cinati
N the Associated Press

SACRAMENTO, Calf, February IL.
"A warning that smallpox of an
Extremely virulent type" is preva :
lert in California and that no resi-.
dent Of the State who has not been
successfully vaccinated in recent
years can afford to forego this pre-
caution was issued yesterday by the
State Board of Health
For the first IS days Of the pres
ent year" said a statement issued
by the board "443 cases of smallpox.
with AZ known deaths, have been
reported to the California State
Board of Health.
"Eiunlar conditions regarding small
po1 have existed and exist at the
lra&sat tina = ofhsr Statsxr
Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-02-12
Whether Tractor
Is "Private Car"
Put Up to Court

The question of whether farm
tractor is included in the express
sion any private motor-driven car"
i submitted yesterday to the Dis.
trict Supreme Court for decision in
a suit by Mrs. Charles Hoover
against the Inter-Ocean Casualty
Co. for $4,000 on policy on the
life of her husband. Charles Hoo
YER The policy contains the pro-
vision as quoted above, and 1t is
understood the company declines
to pay on the Interpretation that it
does not include tractor.
Hoover was killed while operat-
ing tractor on his farm at Lorely,
Md, September 80. Attorneys Burk-
art 4 Quinn appear for the widow,
who is beneficiary under the policy.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-02-12
"soN" NOT MENTIONED
IN HUMMELL'S WILL
Sisters Chief Benefciaries to
100000 Estate-Bakery Cart
Driver Not Recognized.

BY the Associated Press.
NEW YORK, February 1.-THE will
of the late Abraham II. Hummell, once
noted divorce lawyer, was filed yes
terday No mention was made of
Henry d. Hummell. bakery cart driver
of Southportland, Me, who claims the
lawyer was his father.
The chief benefciaries are Mrs.
Sophie H. Kuffenburgh and Miss
Bertha Hummell, two sisters. The
estate is estimated at more than
81, o00. 900.
In an accompanying petition by his
lawyer, Henry d. Hummell is men.
toned as one who claims to be a son.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-02-12
CHURCH SITE CHOSEN.
New York Baptist Structure to Cost
About So, 500, 900.

NEW YORK, February IL R).-
Members Of the Park Avenue Baptist
Church, Of which the Rev. DIR. Harry
Emerson Fosdick is pastor, were in
formed yesterday by letter that the
site for a new church had been select
ed at One Hundred and Twenty second
street and Riverside drive, and that
work Of construction would begin next
Summer. The building will cost about
So 500, 900.
The church will be in the Gothic
style and will have a 300-foot tower as
a memorial to the mother Of John d.
Rockefeller, jr.e The tower will house
the famous Rockefeller carlton.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-02-12

Moss Point and Pascagoula. Miss,
filed the suit against the Atlanta Fed
eral Reserve Bank, contending that
the latter was compelled by law to
give immediate credits for checks re-
ceived from the Mississippi institution.
Judge Rufus Foster. New Orleans,
handed down a dissenting opinion in
which he upheld the contention of the
Pascagoula bank.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-02-12
Liens Seek Actors Taxes.

LOS ANGELES, Calf, February
IL R).-Income tax liens directed
against William Desmond, Tom Gal
lery and Tom Moore, motion picture
actors. and Isadore Dockweiler. promi-
nent local attorney. were on file in
United States District Court yesterday.
The amounts claimed delinquent are:
Desmond, $165.04; Gallery, $40.24;
NoonA. faSS. a; pockWeilss. II 17z e.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-02-12
Armed Men Guard
Silk Train on Trip
Across Continent
Special Dispatch to The Star.

Special Dispatch to The Star.
CUMBERLAND, Md. February
Unnamed with armed guards
prepared to do battle with bandits.
a special express train of eight
cars of silks. valued in the mil
lions. passed through Cumber-
land en- route to New York on the
Baltimore and Ohio Railroad.
The silk. imported from Japan
for a. New York jobber, reached
San Francisco several days ago by
ship. Loaded on special cars, the
silk was taken across the CONT
nent by way of Chicago. Arrange
ments were made for through pas
sage without delays, and move
ment of the train was kept Sc
cret until it reached New York.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-02-12
MAY DELAY CREDIT.
Federal Reserve Banks Allowed
Time to Collect on Checks.

NEW ORLEANS, La, February -
@.-The IL Federal Reserve Banks
of the United States are not required
to credit branch banks with the
amounts of checks Immediately after
they are received. but are permitted
a period of time for collection before
giving credit, the Federal Court of
Appeals held in an opinion yesterday.
Tha1PascaSoulA National Bank. At
Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-02-12

The French government is reported
to have sent several naval airships
to the Brittany coast to help sardine
fishermen. The air fleet finds the
-1sh. foE- 81, dshiue- eaet
Evening star., 1926-12-06

eff the owner of a dangerous in
strumentality like an automobile
knowingly puts that instrumentality
in the immediate control OF q care
less and reckless driver, sits by his
side and permits him, without pro-
test. so recklessly and negligently to
operate the car as to cause the death
of another, he is as much responsible
as the man at the wheel"
Justice Charles H. Robb made this
statement today in rendering the
opinion of the District Court Of Ap-
peals, sustaining the conviction OF
vernon S. Story, who was declared
by jury to be guilty with James
O'Connor Of involuntary manslaughter
in causing the death of Charles F.
Jarvis by running him down with
an automobile. The tragedy occurred
in Keanes lane northeast early in
the morning of November 16, 1924.
Story and O'Connor were each sem
tenced to serve five years in the peni-
tertiary.
Story sought to evade punishment
by claiming that while the car be-
longed to him he had surrendered
the wheel to O'Conncr before Jarvis
was run down. The evidence showed
that both Story and OConnor had
been drinking, when they saw Jarvis,
under the influence Of intoxicants.
and invited him to ride.
The car was driven into the narr0
Evening star., 1926-12-06
Owner in Car as Responsible as Wild
Driver, Says Court, Upholding Conviction

lane and all alighted from the car,
where Jarvis was robbed Of a watch
and a small amount Of money. Jar
Wis then started. to walk up the~lane
and the accused men entered the
car. Story surrendered the wheel to
OConnor to operate the car along
the narrow roadway, where Jarvis
was staggering.
The car was being operated at more
than 20 miles an hour when it struck
Jarvis, it was stated. Commenting
on this, Justice Robb says:
IF a jury cannot find criminal care
lessness from such conduct 1t is diff
cult to perceive what conduct would
justify such a finding"
Story knew that O'Connor was
drunk and that only the most care
full driver could avoid hitting Jarvis,
yet turned over the running OF the
automobile to him, Justice Robb
states.
The appellate court finds there was
no abuse of discretion by the trial
court in refusing TO grant a separate
trial when requested by Story, as the
joint character of the acts of O'Con-
nor and Story rendered a joint trial
peculiarly appropriate, and a sever
ance might have resulted in a mis-
carriage of justice.
The Government was represented
by Assistant United States Attorneys
F.ihs1W and O'Leary. both ct the trial
and the appellate court
Evening star., 1926-12-06
Governor Deserts
Operating Table to
Keep Argentine Job
BY the Associated Press.

BUENOS AIRES, December 6.
Learning as he lay on an oper-
ating table, ready to undergo a
surgical operation :hat he was to
be deposed as Governor of the
Province of Jujuy, Gov. Nillafane
hurriedly left the table. went to
the station and took a train for
home.
There is a constitution provision
in Argentina that Il governor who
is without legal authorization to
remain away from his post over
a stated period automatically
loses his position. The Legislature
of Juiuy had granted Senior Villa
fame a short leave of absence to
come to Buenos Aires for an opera
ton.
Just as he had placed himself
in the hands of the surgeons, he
received an urgent message from
a friend at home. telling him that
a ajority of the members of the
Legislature intended to apply the
precept if he did not return on
scheduled time.
Evening star., 1926-12-06
FIR FOOT LEVY FOR PAVING
QUASTIED BY APPEALS COURT
improvements Benefit All and All Should
Pay Equally, Judge Holds In Rhode
Island Avenue Case.

The front-foot method Of assess
ment for street improvement, as pro-
vided by the Borland amendment, was
condemned today by the District
Court of Appeals in an opinion by
Justice Josiah Fl. Van Orsdel, in
which the decree of the District SUI
preme Court was reversed and a spe-
cial assessment of s6,112.25 was
quashed. The appeal had been taken
by William G. Johnson, Edward j.
and Charles W. Richard
son, trustees, who held title to a tract
of 46 acres on the south side of
Rhode Island avenue between Brent
wood road and Fifteenth street north
east and who sued the District Com
to quash the special as
sessment against the property.
The appellate court distinguishes
between assessments by front foot for
the laying of water mains, sewers and
like improvements, which was upheld
by that court in the Parsons case, and
the special assessment by that metE cd
Evening star., 1926-12-06
KING OF RUMAN|A
GOES UNDER KNIFE
Operation, Performed Soon
After Marie's Return, Sue
cessfuI, Doctors Say.
BY the Associated Press.

BY the Associated Press.
BUCHAREST, Rumania, December
6.-king Ferdipand today underwent
an operation shortly after the return
of Queen Marie from her tour of the
United States. His physicians an
nounced that the operation was most
successful.
The operation was not a dangerous
one. His physicians said the King
would be able to leave his bed within
a. few days.
The King for some time has been
suffering from what has been dag
nosed as a rectosigmoidal affec-
ton. It was chiefly because of his
illness and the constant stream of re-
ports coming from abroad of the seri-
ousness of his condition that Queen
Marie cut short her tour of the United
States and FASTENED back to her Capi-
tai.
Meets Queen at Station.
King Ferdinand met her at the sta
ton when she arrived on Saturday.
His physical appearance seemed then
anything but robust, but he walked
without difficulty, and certainly did
not appear to be man in immediate
danger of death.
Only Yesterday a medical bulletin
was issued over the signatures of six
prominent doctors that the King was
improving and indicated, in fact, that
he was convalescent.
The correspondent who accom-
panied Marie to Bucharest from the
Jugoslavian frontier failed to note
anv particular enthusiasm over her
return, but the failure of the train to
run on schedule and the several
inches Of snow on the ground may
have been responsible for this.
Circles close to the country's leaders
ridicule reports that there is any
threatening change in dynastlc at
fairs They say this is a remote ply
sical contingency and even remoter as
political probability.
Country Called Content.
The country. they aver, is perfectly
content and any attempt to over
| throw the regime would meet with the
! immediate opposition OF the nation.
| Mention Of Carols name in official
! circles brings smiles. He does not
seem to be taken seriously by those
! close to power.
| Queen Marie thinks she left in the
| American people something of the
| soul of Rumania." In statement
through the newspaper Universal, she
says:
+; 1.-THE enthusiasm with which / was
received during my entire journey
throughout the United States by the
great American people proved that
Rumania and my people enjoy whole.
hearted sympathy and complete con-
sideration in the New World.
st, merely the symbol of Rumania,
feel that the reception given was not
for me personally, but for my country.
Feeling that left'in the great, hos.
pitable, free American people, some
thing of the soul of Rumania, and
! that I sowed in the hearts of this
great nation a generous thought for
my own country and people, L am
most thankful and proud"
Evening star., 1926-12-06
UTILITIES BOARD
BILL ADVANCES
Signed by House Speaker,
Measure Is Ready to Go
to President Tomorrow.

The new Public Utilities Commits
sion bill. the first piece of District
legislation to be enacted in the ses
sion of Congress that opened today,
is scheduled to go to the President
for his signature tomorrow, after it
has been signed by the Vice President.
This measure. which was favorably
acted upon by both House and Senate
in the closing hours of the last ses-
sion in engrOssed form, was signed to-
day by the Speaker of the House, but
too late for the Vice Presidents sigma
ture, as the Senate had adjourned be-
fore it could be delivered to that body.
This measure provides for a new
public utilities commission distinct
from the present Board of District
Commissioners, who have acted as
Public Utilities Commission, but with
the Engineer Commissioner specified
as a member of the new commission.
The other two members are to be
civilians. to be appointed by the Presi-
dent, by and with the advice and
consent of the Senate. The bill also
carries a provision for a peoples
counsel.
Funds Not Available.
AS this commission is not yet Ill
existence, no funds are available for
the salaries of the two new Commits
sioners and the peoples counsel, nor
are estimates for this commission for
the next fiscal year provided in the
0continued on Page 6. Column A.
Evening star., 1926-12-06

under a general statute such as the
Borland amendment
"The front-foot method Of assess
ment," says Justice Van Orsdel, for
street improvement, under a general
statute, is condemned specially on the
theory that it taxes the individual
property fronting on the Improvement
for all or fixed portion Of the ex-
pense, to the exemption Of all other
proeprty in the municipality. 1t is
not a local improvement beneficial
chiefly to the immediate property
affected, but a public Improvement,
the expense Of which should be
borne by all the property Of the COM
munity on an equal proportionate
basis.
ITO this tax all or an unequal por
ton of the burden of a general inn
provement' against the property of a
single person or a group Of persons,
to the exemption Of the public gener-
ally, falls within the constitutional
inhibition forbidiing the taking sof
Continued on Page 2, Column 5.y
Evening star., 1926-12-06
ILLEGAL SPENDING
Barred BY M'CARL
Controller Generals Annual
Report Urges Sweeping
Reorganization.

Reporting that millions of dollars
were being expended illegally under
the present system. which tends to
weaken control by law and to encOur-
age disregard of limitations and direc-
tions" by Congress, Controller Gen
eral of the United States McCarl today
recommended to Congress a sweeping
reorganization of the whole Federal
spending machine SO as to take dis
bursting officers entirely from under
the influence of the spending agen-
Cies"
McCarl pointed out that the stupen-
dous illegal payments which he has
caught up result largely because the
spending agencies have control of the
disbursing clerks and are in position
to disobey the directions of Congress
as contained in the law for the expen-
diture of appropriations.
He recommends strongly that Con-
SfeSS establish q centralized diSburS-
ing system and separate the disburs-
ing clerks from the spending agencies
In support of this recommendation
he states that such a centralized dis
bursting system would not only reduce
the huge total of illegal payments con-
stantly being made by more than / 900
disbursing clerks scattered through
out the continental United States
alone, but would result in a large saw
ing in salaries by reducing the number
of disbursing clerks to approximately
so.
Huge Illegal Payments.
Enough illegal payments were col
lected last year by the general ac-
counting office, the Controller Gen
eral reported, almost to pay the COM
bined salaries and expenses of his en-
tire office force of 1865 employees. He
sent to the Department of Justice for
suit Illegal payments of more than
So 100000 made by these same spend
ing agencies. and reported that illegal
payments of nearly $500, ,0OO, 900 re-
main in the general accounting office
to be collected or dismissed as un-
collectable.
The effectiveness of our present ac-
counting SYSTEM he said. "is being
impaired by the increasing tendency
of spending agencies, by means Of
their administrative control over dis
but sing officers, to effect payments not
authorized by law, relying upon the
Congress to grant relief to the disburs-
ing officer when credit for the illegal
payments is disallOWed in the settle
ment of his accounts.
Under existing law the accountins
officers have no equity jurisdiction
and if they should ever conceive it
their duty or prerogative to supply
the deficiencies of legislation as is
occasionally urged upon them, by arbi-
trarily expanding the law so as to
permit payments not authorized by
law, the constitutional control of the
Congress would be further weakened.
No! Legislation is a function exclu-
Si iyyolxy fnt. tho
the law as liberal or as illiberal as 1t
thinks wise, and it is the clear duty
of the accounting officers to enforce
| the laws as enacted, so far as they re-
late to receipts and expenditures of
public funds
Strong System Needed.
Congress is reminded by it's chief
accounting officer that it cannot retain
it's constitutional control over public
Continued on Page 2, Column 81
Evening star., 1926-12-06
OIL TRIAL EVIDENCE
STARTLES JAPAN
May Seriously Iniure Wash
ington ReIations-Leaders
to Probe 1921 Situation.
BY j. RUSSELL KENNEDY.

By Cable to The star and chicago Daily
News. Copyright 1875.
TOXIC. December 6.--Not in 20
wears has the public here, both Jap
anese and foreign, been so startled as
by the reports cabled here from
Washington giving details Of the dis
closures during the Doheny trial.
The japanese nation has been pro-
foundly shocked.
Secretary Wilbur's orders warning
the. witnesses against disclosures, with
official admissions Of the existence cf a
war scare" in Washington as the
result of a report by the admiral of
the United States Asiatic Fleet, stat
ing that Japan had ordered mobiliza-
ton, are now taken here as proof
either that the Japanese army and
naval authorities actually secretly
planned war, or that official Wash
ington was duped by vicious propa-
ganda.
Cause Deepest Concern.
When the outline Of the Doheny de.
tense plea was first cabled it was dis
missed as an absurdity or as evidence
of the desperation of the accused oil
magnate. But the latest disclosures,
published throughout Japan this
morning, have been received with
deepest concern as calculated more
seriously to injure relations between
the United States and Japan than
even the exclusion act.
Leaders of all ranks are considering
concerted action with view to dis
covery and exposure of the exact stu
alton existing in 1921.
Act of Vandalism.
One Of the most prominent persons
in Japan said to this correspondent
this morning: II am convinced that
the evidence actually developed by
witnesses or resulting from interpre-
tation of official silence is based upon
wicked fabrications.
1T is the duty of the American and
Japanese governments to lay before
the public the exact situation in 1921.
together with the original source Of
the report that Japan ordered mobili-
zation for war with America. The
whole thing is an act of vandalism
against the structure of good under
standing carefully erected in recent
years"
Evening star., 1926-12-06
SUBMARINE RAISE URGED.
Wilbur Asks Increase of Maxi
mum Additional Paw.

Legislation to increase from SIS to
$50 the maximum additional monthly
pay for submarine enlisted crews was
recommended to the House naval COM
mttee today by Secretary Wilbur.
Navy regulations which would ac-
company enactment of the bill. Secre-
tary Wilbur advised the committee,
would permit greater pay distinctions
between various classes of submarine
personnel and differentiate between
dockside and cruising duty in relation
to bonuses for hazardous duties.
Evening star., 1926-12-06
ARRESTS EX-SHERIFF.

MARION, ILL.,, December @.--
One Of the first Official acts of Oren
Coleman, after he took office as
sheriff Of Williamson County today,
Was to arrest George Galiigan. ratir-
ing sheriff. on a charge of murder
ing Charles Willard, Ku K!ux
klansman. at Smiths Garage al Her
rim, August<nV, 1924
Evening star., 1926-12-06
Fall-Sinclair Plea
InOil Case Refused
By Supreme Court

The Governments Oil counsel
won another point in their long
legal battle today when the Su.
preme Court refused to grant
Harry F. Sinclair and Albert B.
Fall any relief from the criminal
proceedings pending against them.
These proceedings are somewhat
similar to the case against Fall
and Edward L. Doheny. now on
trial here. except that in the Sin
clair case the lease involved is
that by which the Sinclair inter-
ests took over Teapot Dome.
When owen j. Roberts. Govern
mant prosecutor. was advised of
the Sunrcme Court decision. he
said he would press for the trial
of Sinclair before January Il.
Evening star., 1926-12-06
NAME FITS JAY WALKER.
Cambridge, Mass, Boy, 4. Run
Down by Automobile.

CAMBRIDGE, Mass, December a
R.-Jay Walker was nursing a
scratched nose today as proof that
his name was not in vain. Neither
police warnings of the dangers that
beset him nor his mothers vigilance
prevented him from being struck by
an automobile.
Jay is a 4-year-old North Cam.
bridge youngster.
Evening star., 1926-12-06
ROBBERS GET $4,000,
BLOWING THREE SAFES
BY the Associated Press.

BY the Associated Press.
ST. PAUL. Minn.. December g.
More than s5o.00a was obtained by
three men who blew three safes in
Schucncmann & Mannhe.mer<s De-
,,3rtmenl Store last night. The rob-
bers worked for four hours. guarding
TWO watchmen and forcing one Of
hem to make his regular hourly
rounds 10 pull bells
Evening star., 1926-12-06

The Stars carrier system covers
every city block and the regular edi-
tion is delivered to Washington homes
as fast as the papers are printed.
Evening star., 1926-12-06

Continued on Page 6, Column A.