davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-29

pointed out that Brooks was granted
an appeal to the Circuit Court for the
asking" where, after waving trial by
Jury. his case was reheard de novo,"
by an unbiased and disinterested judge,
who weighed the evidence and applied
the law to the facts.
This case is not without its difh-
culties," Judge West admitted. but
after a painstaking consideration. we
are convinced that the defendant has
not been denied due process Of law, nor
had any Of his constitutional rights
violated"
1t was at this point that the court
added the significant concluding state
ment as to its opinion regarding adj
visibility of amending the Virginia fee
laws.
The petition OF the American Auto
mobile Association for writ OF pro-
hibition was signed by j. Alwyn Brown
and Mr.. Collins and directed against
Mayor Kleysteuber. Walter U. Varney.
corporation attorney Of the town. and
A. F.. Driscoll, town sergeant. 1t re-
quested the court to prohibit Mayor
Kleysteuber from taking or having
further jurisdiction over any case In
volving any law or ordinance OF the
town of Potomac"
When the case first was called be-
fore Mayor KleySteuber Attorney COL
Inns asked that Brooks be freed and
the charge dismissed on the ground
that Kleysteuber was disqualified 70
hear and determine the case. under
stitution, ION account Of his pecunnary
interest in the outcome of the case"
Civic Interest Charged.
Collins argued that Kleysteuber. as
mayor. was charged with the duty OF
looking after the finances Of the town
and that since the town received any
fine which might be imposed. Brooks
could not get fair trial or a fair
sentence from one who would have
SO strong a motive to help his town by
conviction and heavy fine"
It was argued. further, that Kley-
steuber occupied "two practically and
seriously inconsistent positions, one
partisan and the other judicial. nee
essarily involving a lack OF due pro-
cess of law"
Mayor Kleysteuber overruled the
motion to dismiss the case, heard the
case and imposed the fine. whereupon
County Circuit Court. The case was
transferred to the Richmond court on
q writ Of error.
In appealing to the Supreme Court
Of Appeals In Richmond for q writ OF
prohibition. the association declared
that many such cases In the past have
come to the attention of Mr.. Collins.
Unless the writ of prohibition was
granted, the court was told. the only
remedy will be to appeal each and
every case tried In said court, and this
will involve multitudinous and perse-
cutting prosecutions, and the acts Of
said court win become oppressive"
One Question Involved.
The refusal Of the court to grant q
writ Of prohibition was based on the
same grounds as those cited by the
court In the decision In the Brooks case.
proper. In each instance. Judge West
said. the one question at stake was:
do the statutes OF Virginia and the
ordinances Of the town of Potomac, in
providing for the trial by the mayor Of
a person accused OF violating an ordf-
nance Of the town. deprive the defepds
ant OF due process of law and violate
the fourteenth amendment to the Fed
eral Constitution, on account Of the
monetary or other interest which the
Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-29

Assembly, Is that upon conviction of q
defendant the magistrate~yeceive his
fee promptly, as part of the fine turned
over to the court at the time of the
trial, whereas much red tape must be
unwound before the magistrate may
collect his half fee from the county or
state in the event Of an acquittal.
Papers must be certified to the county
authorities. appropriations must be
made by the governmental machine Ia
the usually not too hurried manner a
governmental machines. and sono
weeks later the magistrate will obtain
his 81 so in the form Of q check on
the governmental treasury.
The discouraging and tedious pro-
cedure thus involved in order to obtain
the small fee In o particular case where
the defendant was found not guilty Is
cited as another reason why magis-
trates might be Influenced. perhaps
"unconsciously." to convict rather than
exonerate motorists or others brought
before them on minor charges.
The American Automobile Association
intends to fight the fee system, in Viz
ginia and elsewhere, to the limit OF its
ability. in furtherance of its policy to
protect the motorist from tnjustices at
the hands of minor traffic courts, pre-
sided over by Justices Of the peace.
mayors or other magistrates functioning
under the fee system.
Problem Is Large One.
It has no criticism to make Of judges
who receive the same fee on conviction
Of q defendant as upon acquittal. but
It does object to the judge who, In his
Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-29

trials Is taken into consideration, the
problem becomes one Of national I'M
portance. the association holds.
The motorist has a right TO be pro-
tected from any discrimination or In
justice. however how small, and In
expanding It's money In legal battles
such as featured the Potomac case. the
association is contributing q vitality I'm
portant service to the rank and file Of
the motoring world. within and with
out the membership rolls Of the
organization.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-29
LA SALE 5-PAssENGER SEDAN.
statutes and ordinances give him in the

statutes and ordinances give him In the
result of the trial?" 49,
Mayer Kleysteuber received his ju-
dicial powers from section BOIL OF the
VIRGINIA code, which provides that "the
mayors of towns shall be clothed with
all the powers and authority Of a justice
in civil and criminal matters within
such town, and shall also have the
power to try all prosecutions, cases
and controversies which may arise
under the bylaws and ordinances OF
the town; and to infiict such punish
ments as are provided by law, with .
right to appeal to the Circuit Court"
The Richmond court laid great stress
on the fact that Brooks was not denied
the right Of trial by jury. and that this
brought before the mayor through the
simple expedient of appealing to the
Circuit Court. Such an appeal, it was
explained, lifted the case entirely out
Of the jurisdiction Of the mayor and
presented It, as an entirely new case to
be tried on its merits, to the Circuit
Court and q jury. II requested. In this
respect the Virginia case differed sub
stantially from the Ohio case, 1t was
emphasized, Tumey In the latter case
having been deprived OF the right OF
trial by jury SO far as the facts Of the
case were concerned.
Procedure "Simple Enough"
"It must be admitted" Judge West
said. that the procedure In the instant
case is simple enough. II he (Brooks)
was not satisfied with the decision OF
the mayor and desired to be relieved OF
his Judgment and secure trial before
Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-29
CADILLAC s.PAssENaER TOWN SEDAN.

dual role a. mayor, might be Influenced
to impose o fine to bolster the town
treasury, and, incidentally, help to pro-
vide the wherewithal to pay his next
months salary as mayor.
TRAFFIC cases involved In such pro-
ceedings are. of course. Of apparently
minor nature, on their face, but when
the prevalence Of traf1c arrests and
Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-29
NASH NAMES MANAGER.
Milton H. Petit Elevated by Auto
mobile Concern.

Announcement is made by the Nash
Motors Co. Of the appointment Of Mil
ton n. Petit a. general manager. Mr..
Petit, vice president Of the Nash
Motors for the past 10 months, long
has been identified with the industry
and with manufacturing In general.
Before Joining the Nash organ1za-
ton, Mr.. Petit for several years was
vice president and general manager OF
the Simmons Manufacturing Co. For
many years prior TO that he had been
associated with one Of the country's
largest manufacturers Of farm imple-
ments. In this field. Mr.. Pettit's abii-
ity was recognized throughout the
industry.
Beginning at the bottom. he sent on
I'D through the organization until he
was In general charge not only Of the
farm implement division OF the COM
pany, but In charge Of It's automobile
division as wen.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-29

Another drawback against the pres
ent law. which undoubtedly win be
brought TO the attention Of the General
Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-29

sation for a magistrate In the event o
acQuittal.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-11-08
Shows Style

Now that so many girls are allow
ing their hair to grow again, this
style of bob" is to be seen, in in
creasing numbers, on Fifth Avenue
dailyl The lovely New York girl,
illustrating the new style, is Myrtle
Miller, Of 325 West seth Street.
She says, IT am certainly delight
ed that my hair has gotten so much
fiutf1er and more vigorous. And I
am not troubled with dandruff any
more. At the time I started letting
my hair grow, I began caring for
it, the way which is all the rage
among New York girls, now; and I
attribute its improvement to this
method. All I do is put a little
Danderine on my brush each time
I dress my hair. 1t makes my hair
easy to arrange and holds it in
place. 1t soothes my scalp and keeps
it and my hair SO clean, I don't
need to shampoo more than twice
a month, now. All my friends adj
mire the way Danderine makes my
hair look SO bright and sparkling"
Danderine does more to bring out
the natural color, the CLEAN and
lustre of your hair, than shampoos
or brilliantine. 1t removes all dust,
CRIME and oily film from the hair
tones and refreshes the scalp, gets
rid Of dandruff. All drug stores
have the big 35c bottles. A delicate
fragranced necessity for the we'll
groomed girl!-Advertisement.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-11-08
Cheap Wreck
BIZ Times Special

BERNIE, Ind, Nov. 8.--Henry
Gilliom escaped unhurt and at
little expense when his auto
mobile was wrecked in a plunge
from a road. He recently paid
So for the car, a 1912 model
Of a well-known make. After
the wreck, Gilliom salvaged
the tires and left the remain
der of the car at the roadside.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-11-08
INDIANA C. OPP,
KEEPS 10 TO 3
CONGRESS HOLD
Loses Seat to Ludlow, but
Gains in Dunbar
Victory.

Losing their Seventh district con-
gresham, Republicans retaliated by
winning the congressional race in
the Third district to retain their
control Of ten Indiana districts as
against the three going to Democrats
in Tuesdays election.
Ralph Updike, congressman from
the Seventh district, was the only
Republican of ten incumbentS to be
unseated. Louis Ludlow Dem.) &C
compliShed it as the only Democrat
elected in the district.
But in the Third district, James
w. Dunbar Rep) emerged victor
over Congressman Frank Gardner
Dem) complete unofficial returns
indicated. The race was close but
Dunbar appeared certain of a 1000
majority.
Unofficial returns indicated these
results:
First District Harry RoWbottom
(Rep.), defeated John w. Boehne
(Denn.).
Second District-Arthur H. Green
wood (Dem), defeated Orville
Stout (Rep).
Third District-Dunbar (Rep.)
defeated Gardner (Dem).
Fourth District-Canfield (Dem.)
likely to defeat Charles S. Hisey
(Rep)., race close.
Fifth District-Noble j. johnson
(Rep) defeated Henry w. Moore
(Dem).
Sixth Richard N. Elliott
(RepD defeated william H. LARA
bee Den).
Seventh Decentralization (Dem.)
defeated Updike (Rep.).
Eighth District-Albert H. Vestal
(Rep) defeated Don c. Ward
(Dem.).
Ninth District-Fred S. Purneu
(Rep) defeated George L. Mackin-
tosh Oem).
Tenth District-WilI r. Wood
(Rep0 defeated John S. Sobraska
(Dem).
Eleventh District-Albert r. Hall
(Rep) defeated M. Clifford Town
send Dem.).
Twelfth District-David Hogg
Rep0 defeated Sam jackson
(Dem).
Thirteenth District-Andrew ].
Hickey (Rep) defeated Perkins
Dem.)
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-11-08
Gone, but Not Forgotten

Automobiles reported to the police
as stolen:
George B. Bowley, 1135 North
Pershing avenue, Ford sedan, $40
451, from Chase and McCarty
streets.
Ame1 Lawson, 1893 Concord
street, Ford roadster, 435-315, from
Eleventh street and King avenue.
Jack Chasteen, 721 Greer street,
Chevrolet coupe, 69s-OSo, from
Georgia street, near G. g. j. Tire
Company.
George Taylor, 800 West Twenty
ninth street. Maxwell touring, 662-
272, from Georgia street, near G. &
J. Tire Company.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-11-08
Hospital Given High Rating

BIZ Times Special
MARION, Ind, Nov. 8.-The
Grant county hospital here is rated
as one of the two highest standard
fifty-five bed institutions in the
United States by the American Col
lege of Surgeons, as a result of a
report given at its national conven-
ton. The rating was announced in
a letter from the surgeons organ
ization to Frank Swartz, president
of the county hospital association.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-11-08
GESTURE OF GOOD WILL

Antiquities Taken From Turkey
Returned by Italy.
By United Press
CONSTANTINOPLE, Nov. IA
manifestation of Italian goodwill
toward Turkey was indicated today
with the return to Turkey Of Greco
Roman antiquities, which included
Sarcophagi, statues, bas-reliefs, fig
ures Of horsewomen and epitaphS
which Italian archaeologists discov-
cred in Adaia when the Italians oc-
cupied part of the Mediterranean
coast districts in Anatoia during the
armistice period.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-11-08
Gets RheumatiCs
Out of Bed
Enables Them to Walk and Go Back
to Work. The Remarkable Pre-
scription of New York
Specialist.
DRUGGISTS GUARANTEE 1T


A New York Specialists office. Al
ways crowded with Rheumatics seek
ing relief, made it necessary to put
up his Nurito prescription for the
benefit of the public 1t is now on
sale in local drug stores on a posi-
tive guarantee. Those who have tried
everything without benefit will find
NuritO the most startling discovery
of recent times. For the pains OF
rheumatism, neuritis, neuralgia, sciatics
or lumbagO the relief is quick and sure.
But you can PROVE this with one pack
with anything that doesn't stop your
pain. And If it does that you know
you are going to get well. Get pack
age today. Take two or three doses
and If disappointed take it back and
get your money. Try it today. Don't
wait. At all drug stores and Hooks
Dependable Drug Stores. - Advertise
mpnf
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-11-08
BACK HOME AGAIN

Stolen automobiles recovered by
the police:
A. L. Gardner, 800 East Wash
ington street, Ford coupe, found at
Market and Delaware streets.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-11-08
Sent Free to Prove This

Every ruptured man or woman should
write at once to w. s. Rice, 440L Main
St, Adams. n. Y, for a free trial of
his wonderful stimulating application.
Just put it on the rupture and the
muscles begin to tighten; they begin
to bind together so that he opening
closes naturally and the need of sup
port or truss or appliance is then done
away with. Don't neglect to send for
this free trial. Even If your rupture
doesn't bother you, what is the use of
wearing supports all your life? Why
suffer this nuisance? Why run the
risk of gangerene and such dangers
from a small and innocent little rup-
ture? A host of men and women are
daily running such risk just because
their ruptures do not hurt nor pre-
vent them from getting around. Write
at once for this free trial, as it is GER
tainly a wonderful thing and has aided
in the relief Of ruptures that were as
big as a mans two fists. Try and
write at once, using the coupon below.
The Carbon County news. [volume] (Red Lodge, Mont.) 1924-1931, 1928-02-23
DRIVE CAR OVER
COBBLESTONES AT
40 MILES PER HOUR

This challenge is made by Dodge
Brothers who recently brought their
new Victory Six to the light of day.
Ordinarily the challenge would be in
the line of unrealized ambitions, but
with the technical originality display
ed in the construction of this new
model, almost anything is possible.
Two radical new principles of con-
struction have been employed. These
are particularly interesting in that
they put into practice the theoretical
opinions recently propounded by the
leading engineers and physicists Of
the country who responded to the
questions of Percival White, leading
engineer, who has just completed a
symposium of automotive needs and
trends
The first new principle to be found
in the Victory Six is the sinlge unit
construction of body and chassis. This
eliminates body stills and brings the
car two inches nearer the ground,
with corresponding lowered center of
gravity 1t eliminates $50 parts and
strengthens both sections by making
them act together in mutually flexing
and mutually supporting what hereto
fore were Earring stresses and strains.
This step insures quiet and smooth
ness beyond anything in the past.
The second principle is body con-
struction. Double steel walls, battle
ship type, are used throughout. This
insures complete rigidity and dauble
protection. There are only eight major
parts in the entire body. And these
are SO welded together that there is
not chance for even single squeak.
The car, owing to simplification is
lightened 175 pounds. 1t will make 81
miles to the gallon and 65 miles per
hour.
The Carbon County news. [volume] (Red Lodge, Mont.) 1924-1931, 1928-02-23
ARTS MELODIANS
GIVE ANOTHER FINE
RADIO PROGRAM

All radio fans were tuned in to
another fine program dedicated to
Red Lodge from KGBZ, station at
York, Nebraska, by Arts Melodians.
This is the third program dedicated
to Red Lodge and another program
will be dedicated Monday, Is. The
boys all stated over the radio that
they would like to hear from the
folks at Red Lodge through letters
or cards.
Among the numbers dedicated to
the citizens of Red Lodge and sur
rounding towns were as follows:
Among My Souvenirs, Mrs. Ralph
Lumley; Rockabye Blues, Irene Lum-
ley, dedicated in honor of her birth
day; Running Wild, Mr.. Northrop;
Old Guitar and an Old Refrain, Cuz
Tompson; Let a Smile be your UNI
brella, Al Croonquist; She Don't
Wanna, Alice Lumley; My Blue Ridg-
ed Mountain Home, faculty and stu
dents of C. G. H. S.; My Blue Heaven,
baSkeIDdll team Ol y. y. Il. D. ilC
World is Waiting for the Sunrise,
folks of Red Lodge; An old fiddler
played Golden Slippers, Ralph Ium-
ley; and When You and | Were Young
Maggie, Mr.. and Mrs. Ralph Lumley;
Yankee Doodle, folks at Red Lodge;
Got To Go Where You Go, folks at
Red Lodge; My Wild Irish Rose, Mrs.
Fleming and family; Just Once
Again, folks at Red Lodge; Chinese
Washerwoman, Finnish people; Red
Hot, people at Red Lodge; Burberry
Lane, Chas. Draper and Shorty the
bill peddller Red Hot was dedicated
to John Anderson, Luther, Montana;
l Amt Got Nobody, Oklahoma Bill.
Pieces were also dedicated to (Dude)
Mr.. Linley and Walter Chesbro at
Luther.
Letters received were read and each
orchestra boy got up and spoke to
his folks and folks at Red Lodge.
The Carbon County news. [volume] (Red Lodge, Mont.) 1924-1931, 1928-02-23
Cherry Springs
SPECIAL ESPONDENCE
ACKNOWLEDGEMENTS

Joe Sekora motored to Bridger Sat
urday.
Stephen Sekora was a Roberts call
er Saturday.
George Treyman was caller in
Roberts Saturday.
Clarence Bjordahl and family were
Roberts callers Saturday
Beatrice and Wilfred Saysell were
Roberts callers Saturday.
Beatrice Saysell was caller at the
Clarence Bjordahl home Thursday.
Lorin Lockridge was caller at the
Harry Clark home Monday Of last
week.
Carl Loyning and children Cora
and Palmer were Roberts callers Sat-
urday.
Mr.. and Mrs. Dominic Obert were
callers at the Tom Saysell home We'd
nesday Of last week.
Mr.. Roy Wayne and family and Mr..
Warren Sartell attended a party at
Joliet Saturday night.
Mrs. Lorin Lockridge an daughter
Doris spent few days visiting with
Mrs. Nellie Hitchcock in Red Lodge
this week.
Water rent for the first quarter of
1923 is now due.
Please pay promptly and save us
the trouble of mailing you a second
notice.
D. w. COLUMBUS, Collector.
43-tf. City Water Department.
The Carbon County news. [volume] (Red Lodge, Mont.) 1924-1931, 1928-02-23
Royal Neighbors Entertain

The members of the Royal Neigh
bors entertained their husbands and
number of invited guests at their
hall last Thursday evening and a most
enjoyable time was had by every one
present. Dancing was INDUCED in I'M
til midnight, when a delicious lunch
was served. The committee in charge
was composed of Mesdames Herbert,
McMinn, Hotchkiss, Pippinen, Turner,
Pippinger, Smith, Thiel and Ham
mond.
The Carbon County news. [volume] (Red Lodge, Mont.) 1924-1931, 1928-02-23
Bridge Dinner

Mrs. Gleason entertained friends at
bridge dinner last Thursday at her
home on 119 West Fifth street. Three
tables of bridge were set. High score
went to Mr.. Clarence Larkin and Mrs
Carl Chamberlain. Consolation to Mrs.
Braida and Mr. Chamberlain.
The Carbon County news. [volume] (Red Lodge, Mont.) 1924-1931, 1928-02-23

Male Help Wanted Reliable, ener-
getic man wanted at once by we'll
known J. R. Watkins Company. Splen-
did opening in Red Lodge to distri-
butte famous Watkins products to
steady users. $500 to $500 weekly
No experience necessary. Write The
J. R. Watkins Company, Dept. DIG
Winonna, MINI. 50-t
The Carbon County news. [volume] (Red Lodge, Mont.) 1924-1931, 1928-02-23
Waffle Breakfast

Miss Virginia Pollard and Miss
Margaret Sullivan entertained with a
waffle breakfast Saturday morning at
the Pollard hotel Seven young ladies
comprised the party and an unusual
time was had. Those present were
Misses Dagney Hassel Clara Sawby,
Gladys Jackson, Myrtle Fisher, Mable
Slovenian and the hostesses.
The Carbon County news. [volume] (Red Lodge, Mont.) 1924-1931, 1928-02-23
Masonic Dinner

The annual Masonic dinner was held
last Tuesday evening at the Masonic
Hall. Plates were set for 1874 persons
at the turkey feast. Dancing and cards
were in order till a late hour. The
hall was appropriately decorated for
Washington's birthday.