davidaulloa/AmericanStories huggingface dataset:
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1928-08-04
Released From Jail
After Serving IL DAYS

Edward Bazyliewicz of ISL Lyons
street, who was fined $3.50 and costs
and sentenced to jail for five days
by Judge NJ. D. SAKE on July "a on
charges of driving while under the
influence Of liquor and evading re-
sponsibility after an accident, was
ordered released from Jail and
placed in charge of the probation
officer today.
Judge Roche announced Judge
Saxe's order, saying Bazyliewicz has
served IL days, not having been able
to pay the fine and costs. Condition
at home justify his release, in the
opinion of the court.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1928-08-04
Weather Fair

Weather Fair
st. Johns, N. F.. Aug. I UP)-
Fair Weather awaited the Polish
transatlantic flyers here.
There was a light westerly wind
and visibility was good.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1928-08-04

A passenger motor bus accommo-
dating 80 persons. In use between
London and Folkestone. England,
has a complete dining service.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1928-08-04
WAR STARTED a
YEARS Ago TODAY

Continued from First Page)
have at Dusseldorf returned the Wis.,
1t.
German aviators attended the
British air force display at Hendon
recently. and German aces were din
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1928-08-04
SAYS Agriculture
MUST AID ITSELF

Continued from First Page)
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-10-01

the peace and dignity Of and may be punished by
each" The booeggers have found that this long settled
principle Of Constitutional law has initiated against their
business 10 is inst another instance Of the nations law
less clements rebelhng against Law and the Constitution
RIGHT TO JURY TRIAL NOT VIOLATED
The suggestion at this day that Injunction and
abatement provisions Of liquor laws Invalid deny
ing the night OF jury trial Is answered by the Of the
courts OF last Of the entire nation The Supreme
Court Of Illinois in tire leading liquor injunction Of
Stead Former reported IN Vol 255 H. Reports pages
46s 479 held that the jurisdiction OF OF equity to
enoin nuisance is Of ancient origin; that statute IS
necessary 10 confer such jurisdiction but would require
statute to destroy it. In Vol 3 Cycopeia of Law and
Procedure 800 ct seq 1t Is coneisivey shown that in
junction statutes have been uniformly upheld not be
Ing III violation Of any Federal State constitutional
provision And it has been held by the Federal courts
numerous that the provisions Of the Vosead Act
giving equity power to abate liquor nuisances conS-
utional though the may be tried without jury;
for the power To declare what nuisance is which
has been from time inemoria exercised both by courts
and by legislatures te right TO extend and change the
law OF nuisance is which cannot be denied under
Constitution.
To uphold The position Of the wet advocates the
three propositions here discussed would need to junk
ali the established legal presidents applicable from The
Year Books down
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-10-01

Cence thus obtained No whatever can be made ON
s1lea evidence But It should mind that
rests without warrant for oenses committed in the pres
Cnce of the officer and search and seizure OF the person
OF the one arrested his immediate surroundings, are
not Illegal in the enforcement OF criminal laws ana con-
sequently are illegal the enforcement OF the pro-
hioition law. t.z
Defenders of the liquor traffic are magnifying many
times the very rare of arrests or seizures which
may be technically outside of the law, IN the hope OF
preddcing public and thus breaking down pr0nlol-
ton enforcement Officials and others sincerely inter-
esed prohibition enforcement not so short-ghted
so devoid sense that they would for moment
advocate or even counenance illegal methods 1t Is
fully appreciated that the inevitable result OF Sucn
policy would be mmeasurabe injury to the cause OF law
enforcement and to the maintenance OF prohibition.
Liquor advocates with protestations OF PATRIOTISM ana
pety today making great concerted cutlery
against violating the sacred right Of protection from I'M
reasonable search and seizure whenever there an occ-
Sionai abuse of the "sancy of some booteggers nome
The greatest home destroyer that mankind ever knew
now assumes the role of chief home defender!
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-10-01
Remaining Registration Days-Down State
and in Cook County

There day yet for citizens living in the cities
which adopted the compulsory registration act to
register they vote in the general election Nove-
Der That day for the State cities under the act
October Citizens of Cairo, East ST. Louis Spring.
field GalesbuT Danvie Rockford, Bloomington, Free
port and Peoria please take notice The final day for
registration County cities under the above men
toned Tuesday October 9Th. The municipalities
affected Chicago Cicero, Chicago Heights, and
Summit In all other municipalities in Cook County the
for the voter to that his her name Is ON
the registration books is Tuesday, October 10.
all other places III the State the first day to get
ones name the registration books will be Tuesday,
October Is, and the last opportunity will be Tuesday,
October 80 In communities not under the compulsory
registration act it is not necessary to personally
register but attention is called to the fact reminder
especially voters that uncertainties and delays
may be avoided what will, no doubt, be one OF the
busiest election days in the history of the State.
You can't be good citizen unless you register and vote.
When good citizens fail TO register and vote bad men and
had policies LaWbreakers and corrupt politicians
cannot succeed without the help Of civic shirkers
Help marshal the forces to get the dry vote registered
and to the polls election day Begin now Organize
your community. Block off definite territory and assign
tIere is practical work i'll which young peoples
organizations cooperate effectively There is moth
ing that you do between and November 9Th
which will count larger for the enforcement and main
tenance of prohibition.
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-10-01
Mrs. WilIebrandt Disturbs theWet Camp

Perhaps no campaign speaker aside from the presi-
dental candidates themselves has attracted the atten
ton as Mrs. Mabel Walker Wiebrandt, Assistant
United States Attorney General. Wet newspapers and
wet leaders of both political parties and prominent
Al Smith Democrats demanding that Mrs Willie
brandt be called in" and called down.
When so prominent and noisy wet, and the devoted
follower Of Governor Smith is Senator Edwards Of
New Jersey says that Mrs Wlebrandt should be asked
TO resign her position as Attorney General because Of
affiliations that is real compliment to Mrs Willie
brandt when wet member of the Republican State
Central Committee of a State which he says opposed
prohibition asks that Mrs. Wlebrandt be muzZed be-
cause fearless defense of the prohibition policy
that dsproves charge of Senator Edwards that Mrs
his idol AL. Smith. For this particular member of
Republican State Central Committee believes that the
prohibition issue ought to be soft pedaled.
Mrs Wilebrandt does not whisper speaks right
feareSSly all her words carry double
meaning The addresses which have brought down the
were delivered before Conferences of the Methodist Epis
Copal Church in Ohio Those addresses all who heard
them read them must admit, contained not one WORD
Of attack against Governor Smith because of his religion.
by nnuendo did she asSail him those grounds
hundreds Of editorials have been written by wet
papers "deplorng this appeal to religious prejudice IL
is attempt to divert the publcS attention from the
facts presented by Mrs. WiIebrandt exposing Al
Smiths wet record and Tammany Affiliations.
Ii not to be expected that the Republican national
committee would listen to the hows Of pain and rage
enlanating from wet headquarters and particularly
Smiths special friends to call Mrs Wlebrandt in. 1t
would have been surprise had they done in view OF
the CONSERVATION into which she has thrown the wet
camp. The committees idea of her effectiveness is eX
pressed by this statement by Walter Newton carried III
Associated Press dispatch Of September g. K am
sorry only that she cannot give more of her time
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-10-01
Civil Service Governing Prohibition Put Into
Effect I'm Illinois

On September plans were finally completed by Fed
eraI Prohibition Director E, c. Yellowley, for placing
Federal Prohibition Enforcement under the provisions OF
the Champion law. This that all prohibition
agents from win be subject to civil service. The
examinations given months ago eliminated con-
siderable number of men from the force.
The list from which appointments are being made
contains about two hundred names About one hundred
and seventy will be selected for active service In LIMOS
Iowa and Eastern wisconsin All the men who passed
the mental tests subjected 10 careful Investigations
by the intelligence unit OF the internal depart
ment second examination viii be held soon to Quahfy
additional for the service.
The Federal district OF Dhich Chicago is the center is
the first TO be recognized afder the ct0 SerUice la1o
The application OF civil service rules and regulations,
and the elimination of those who owed their jobs largely
to political influence WILL doubt have an increasingly
wholesome effect on prohibition enforcement.
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-10-01
The Function of an Executive

government to determine what laws shall be enacted to
analyze present statutes and propose changes amend
repeats in the interests of the public welfare
IT the function OF the courts to consre and pass upon
the consttuonaty CT this legislation 1t is the func-
ton of the executive to that these laws ugidly
enforced
OF aggressive advocacy of legislation which he
considers beneficial is mark OF leadership and quality
much to be desired in executive. Bat it is far
between executive advocacy Of eeisLon to uphold and
support the Constitution, and executive agitation and
ynaneouverng in behalf of legislation to enactment OF
which would mean to stretch OK evade the Constitution
to detour around it entirely. 4-..-r.# -,
Moreover, for executive to put himself III position
where in breath he advocates enforcement Of law
and in the next to claim attempts to undermine It, is
inconsistent with American principles and ideals and
destructive OF Constitutional government.
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-10-01
OCTOBER, 1928
Would Scrap" Time Honored Legal Princi-
pies in Interest of Illicit Liquor Traffickers

Constant repetition by interests working to bring back
the liquor traffic about prohibition resulting search
seizure without writ. double jeopardy under State and
Federal law and the abolition of trial by jury is coming
be a favorite weapon to prejudice the 'mthinking
against prohibition.
What are the facts?
Search and seizure without writ is not constitutional
prohibition enforcement when 1t would not be ConS
tutona IL the enforcement OF other laws There are but
few instances the law where search and seizure with
out is legal The basic principles underlying
and search without warrant established long
before the prohibition controversy They are
pcabe IN prohibition enforcement only because they
settled principles of criminal procedure. For example,
may arrest the offender and take from him such
articles may be used in evidence TO prove his guilt
Again. officer rghtfully premises who sees con-
traband property, such gambling apparatus, counter
feng devices or burglars TOOLS may seize these things
without process society protects itself by making the
duty of its officers to thwart the further commission OF
wrongs by seizing the instrumentaltes thereof
NO DOUBLE JEOPARDY
Double jeopardy is not peculiar to prohibition enforce
ment. The prohibition laws do not provide double
jeopardy All the reported show that in no branch
the criminal law is the defense OF double jeopardy
good the act is violation of both Federal and State
law See Cooley on Constitutional Limitations, 7th ed,
page as. This principle has been long established in
herent in our dual form of government.
After the adoption OF the Eighteenth Amendment and
its enforcing legislation the made concerted and
persistent have this principle overrued by the
courts Finally the question brought to the United
States Supreme Court and in the LAMA case reported
Vol $50 u S. Reports at 1874 the Supreme Court
opinion written by Chief Justice Taft settled the
matter applicable LEGISLATION under the Eighteenth
Amendment in harmony with the decisions OF that court
from the BEGINNING The court said we have here
two sovereenes, deriving power from different sources,
CAPABLE dealing with the subject matter within
the other enact laws to prohibition with the ln-
tation that legislation give validity to acts pro-
hibited by the amendment Each government III de-
termining what shall be oense against its peace and
dignity is exercising its own sovereignty not that OF the
other It follows that an act denounced crime by
both national and State sovereignty is an ohense against
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-10-01
Judges Who Attack Prohibition

and then newspapers report attacks against pro-
hbition made by judges.
In his high position the bench 1t is The duty Of
fudge only uphold the law in his decisions but to
refrain from arousng disregard and contempt for the
law especially when the basic law the Constitution itself
is involved If judge Is SO out of harmony with the
the country he has to that he cannot
refrain from attacking statutes which constantly be-
him for construction and enforcement, then he
should seek other employment. judge Is judicial
officer and not legislative nor an executive officer It
judges business apply and uphold the laws they
brought TO him by the legislative and executive de-
partnents Of the government.
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-10-01
Alleged Illegal Searches and Seizures

The press has recently had much to say about improper
arrests and searches without legal warrants in prohibition
enforcement.
The facts are there have been few abuses Of this
kind Both Federal courts and Illinois State courts
rightly enforce the rule that evidence seized Illegally
not be used in prosecution OF the person concerned It
is well understood by prohibition agents and other peace
officers that there need Of going into court with evil
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-10-01

All Form Dotiees FOR change of ad.
all unbelievable papers pertaining 10
AMERICAN ISSUE should he addressed
North Dearborn ST., Rooms 61O-6lS,
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-10-01

NOTICE 70 PosTMAsrERs-
dress or dlseontlnuance and 3
the illinois Edition OF THE
20 the Illinois Editor. 5i0 \
Chicago, II.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-10-09
UNABLE TO FIND WILL
IN DUNCAN ESTATE
Slip of Paper Giving Sister $780,.
600 Only Request Believed
Made by Realtor.

slip Of paper, signed by David j.
DUNCAN, prominent realtor who died
last month, said to be the only thing
In the way of will found among his
effectS, bequeathS the sum of 500, 900
to his sister, Mrs. Margaret D. Carter.
wife of Joseph Carter, local attorney.
The testamentary paper reads: "Feb-
ruary "a, 1922-In, the event of my
death my sister Is to get 100000 out
OF my estate"
The paper was filed for probate with
Deputy Register of Wills Victor MerSch,
who took the afhdavits of the two sub
scr1bing witnesses, John A. Mccarthy
or 1919 New York avenue and Carl H.
wells OF 2O21 Seventeenth street. Ac-
cording to the witnesses, they we're
asked by DUNCAN to witness his sigma
ture, which they did by writing their
names opposite to his, although, they
declare, they did not see him sign the
paper.
No formal will of the realtor has been
found, according to Walter B. Guy, at
torney for the widow, Mrs. Helen M.
DUNCAN, who said that he probably
died intestate except for the bequest to
his sister.
The entire estate, conservatively es-
timated at $1,200.000, is said to con-
sist of stock held by DUNCAN In the
corporation known as D. j. DUNCAN,
Inc. A petition for the appointment
of administrators will be filed In a few
days, the lawyer said.
Besides his widow, Mr.. DUNCAN is
survived by three minor children, the
eldest being about years old.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-10-09
H|D|NGCOUNC|LMEN
DECIDE TO. GIVE UP
Four Officials of Ohio Town
to Face Contempt Charge
in Defying Court.
BY the Associated Press

BY the Associated Press.
AKRON, Ohio, October 9.-Four
councilmen of Kenmore, after spending
five days in hiding to the embarrass-
ment of numerous deputy sheriffs, TO-
day announced they were ready to an
swer charges of holding the Ninth Dis
trict Court of Appeals here in con-
tempt.
Kenmore Is In the throes of a battle
on the question of annexation to Akron,
Of which 1t Is suburb. On the suit of
a taxpayer the court ordered the Ken
more council to certify the question
for q vote at the November election.
The council neglected to do so and
when the sheriff tried to serve warrants
Of arrest last Thursday he found only
five OF the nine councilmen and Mayor
Paul Hollinger. They were freed of the
charges when they expressed their will
l1ngneSS to vote on the question. The
other four reported yesterday at 9 spe-
cial meeting of the council with the an
nouncement that they had resigned last
Wednesday and were ineligible to vote.
They did vote, however, on legal advice
to the effect that they probably could
not resign while under order to carry
out a command of the court. After the
meeting they were promptly arrested
and jailed.
Today the court was to decide wheth-
er the quartet was bigger than the
law of Ohio" as one Judge said they
thought they were The men in uues-
ton are Frank Glaethke, Verne Christy.
Harley Jones and Ford Oliver.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-10-09
PRESBYTERY PLANS
PROHIBITION STUDY
Resolution to Be Taken Up This
kfternoon-Pension Plan
Outlined.

The Washington Presbytery. meeting
In its annual Fall session at Kensing-
ton, Md, voted this morning to refer a
motion designed to put the Preshytery
on record with regard to prohibition to
its committee on education. The motion
will come up for open discussion this
afternoon and will be acted upon at that
time.
The meeting, which is being held in
Warner Memorial Presbyterian Church,
was opened last evening with prayer by
DR.. Freeley Rohrer, moderator. DIR. B.
S. BraSSkamp, vice moderator, of the
Gunton Temple Memorial Church,
preached the opening sermon.
The session this morning was opened
with devotional exercises, led by Rev.
@. G. Kundahl. Rev. w. Keith Gusts
of Riverdale was elected as temporary
clerk
James A. Bradd, president of the
church pension board, outlined the plan
under which pensions will be paid re-
firing ministers and to the families of
deceased pastors.
A motion TO appropriate $4,000 for
the Presbyterian Academy at West Not
tingham, Md, was approved
Addresses on Christian Education"
were made by Rev. j. r. Sizoo, pastor
Of the New York Avenue Presbyterian
Church. and Rev. j. r. Duffield, execu-
tive secretary of the PreSbytery.
The final session of the meeting will
be held this afternoon
Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-10-09
30 WOMEN START
IN GOLF TOURNEY
Low Scores Expected in Mid
die Atlantic Meet at
Norfolk.
BY the Associated Press.


NORFOLK, Va, October 9.-Thirty
women. representing country clubs in
Virginia, Maryland and the District Of
Columbia, teed off at Princess Anne
Country Club here this morning for the
l8-hole qualifying round in the annual
tournament of the Middle Atlantic Golf
Association.
With the beautiful seaside course in
tiptop condition and perfect weather
prevailing, indications were that records
would be established and generally low
scores submitted
Mrs. j. N. Haynes of Columbia Coun-
try Club, Washington, and Mrs. Willard
Sullivan of the Norfolk Country Club
were the first to leave the first tee They
were followed at five-minute intervals
by the other contestants.
The largest gallery followed Miss Vir-
ginia Herzderber of Baltimore and Mrs.
w. Barham Jones of Norfolk, who
started together at. 10 10 o'clock Miss
Herzderber is the Maryland State cham
pion and has been doing brilliant shoot
ing in practice rounds. Driving from the
mems tees, she scored an SO on one of
her circuits. Mrs. Jones is the cham
pion of Princess Anne Country Club
and has been runner-up in the Virginia
State championship for two consecutive
years.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-10-09
TREASURY LETS BIGGEST
FOUNDATION CONTRACT
Huge Department of Commerce
Job to Cost $1,159, 700; Work
to Start in 10 Days.

The largest foundation contract ever
to be let in the District of Columbia
was awarded today by the Treasury De-
partment to the Consolidated Engineer
ing Co. of Baltimore for driving piles
and construction of foundation for the
huge Department of Commerce Build
ing. Work is expected to start in about
10 days.
The amount of the contract was ST.
159,7O0. The Baltimore concern was
the lowest bidder
More than 10000 piles will be driven
In the site, which is bounded by Four
tenth and Fifteenth, B and streets,
at the west end of the great Federal tri-
angle which is to be filled with monu-
mental government structures by the
Governments public building program.
In addition to being the largest foun-
dalton contract ever let in the District,
for the longest building, considerably
longer than the National Capitol, the
contract is second in size among those
so far awarded In the public building
program. The only larger one was for
the superstructure of the Department
of Agriculture administration building.
Rapid progress is being made on the
agricultural project.
Included in the Department of Com
merce contract are also the razing of
the old brick building recently used as
the District of Columbia House of De-
tention and excavation of the ground
beneath 1t.