davidaulloa/AmericanStories huggingface dataset:
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-01-01
SLIGHT COMFORT FOR VETS IN SUPREME COURT DECISION
Many Dispatches
Ruling Case Where Liquor Was Seized for Purpose of
Aiding Federal Government in Enforcement of Law;
is probable Cause"

also upon ANY officer of the law We
are of opinion on the facts, which it is
unnecessary to detail that there was not
probable cause. We are also of opinion
that the term any officer of the law
used in $40 refers only to federal Of
fcers, and that the troopers were not, at
the time of the arrest and seizure, agents
of the United States.
though the state troopers were not
agents of the United States, their rela-
ton to the federal prosecution was such
as to require the exclusion of the evil
dence wrongfully obtained.
'The MullanGage law-the state pro-
hibition act-hd been repealed in 1923. :.
"In the memorandum filed by the
Governor approving the act which re-
c1ared that all peace officers, thus includ-
ing state troopers, are required to aid IN
much force and as much vigor as they
would enforce any state law or local or
dinance,' and that the repeal of the Null
ence in their action, except that there
after the peace officers must take the
offender to the federal court for prose-
cution. Aid so given was accepted and
acted on by the federal officials
1--WE are of opinion that the admission
in evidence of the liquor wrongfully seiz-
ed violated rights of the defendant guar
anteed by the Fourth and Fifth Amend
ments. The wrongful arrest, search and
seizure were made solely on behalf of
the United States. The evidence so Sc
cured was the foundation for the prose-
cution and supplied the only evidence of
guilt. 1t is true that the troopers were
not shown to have acted under the direc-
tons of the federal officials in making
the arrest and seizure But the rights
guaranteed by the Fourth and Fifth
Amendments may be invaded as effect
lively by such cooperation as by the state
officers acting under direction of the
federal officials"
The decision is in accord with prin-
ciples laid down in former United States
Supreme Court decisions. 1t is authority
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-01-01
STILLS ORDERED RETURNED

United States Commissioner Glass re-
Gently ordered the return of nearly 500
stills and more than $4,000 worth of 9TH
er paraphernalia which may be used for
the manufacture of liquor to merchants
in the Maxwell Street district of Chicago.
The stills had been seized by prohibition
agents in raid after having purchased
paraphernalia from each place raided with
the specific statement that it was being
bought ito make moonshine whisky" The
commissioner ruled that the merchants
had been guilty OF sale but not OF pos
session.
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-01-01
INSANITY DECREASE

A correspondent writing in the Chicago
Journal of recent date declares that there
has been decrease of insanity in Illinois,
and quotes the following figures: In 1926
there were 2l,774 patients on the books
of the state hospitals. In 1927, covering
the same period, there we're 2l,743 The
correspondent says this decrease OF 81 in
the number OF insane is more striking
when we consider that the state popula-
ton in 1926 was 100000 and in 1927 it
was !, Al $50, an increase of 238,050.
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-01-01


December 18th, in the case of Gambino
v. United States has been heralded by
many writers in the press as a wet VIC
tory. In some dispatches it has been
asserted that liquor seized by New York
State Troopers, solely for the purpose of
aiding the United States in the enforce
ment of the Volstead act can not be used
as evidence against accused persons;
also that the court had held that peace
officers of a state having no prohibition
enforcement code are under no obliga-
ton to aid in the enforcement of the
national prohibition act. These state
ments are incorrect.
That liquor seized by state officers
solely for the purpose of aiding in the
enforcement of the National Prohibition
act in a state having no state prohbi-
ton law, is still admissible in prosecu-
ton in a Federal Court where the seiz-
ure is based upon probable cause is shown
by the fact that the Supreme Court de-
clined to grant writ of certiorari to re-
view a judgment of conviction in two
other cases where liquor was seized by
peace officers of the state of New York.
The test laid down by the Supreme
Court in such cases is whether the off,
Ger had probable cause for making the
search and seizure. If he did the seizure
is legal and the evidence admissible, if
he did not the seizure is illegal and the
av;dence incomoeten+
The case as stated by the court in its
opinion was as follows
"On August l, 1924, Gambino and Ii
ma were arrested by two New York
state troopers, near the Canadian Dor
der; their automobile (while occupied by
Gambino and therefore within the pro-
lection accorded to his person) was
searched without a warrant; and intoXl-
eating liquor found therein was seized.
They, the liquor and other property TAX
en- were Immediately turned over to
federal deputy collector of customs for
prosecution in the federal court for
northern New York There, the defend
ants were promptly indicted for conspir-
aCy 10 import anu Ii dlloPOil llduol ia
violation OF the National Prohibition
Act They moved seasoraby, in adj
vance of the trial and again later, for the
suppression of the liquor as evidence and
for its return, on the ground that the ar
rest. the search and the seizure were
without warrant and without probable
cause, in violation of the Fourth, Fifth
and Sixth amendments of the Federal
constitution. The motion was denied;
the evidence was introduced at the trial;
the defendants were found guilty; and
they were sentenced to fine and impris-
onment. The court OF appeals affirmed
the judgment.
The government contends that the
evidence was admissible, because there
was probable cause, and also because it
Vas not shown that the state troopers
were, at the time of the arrest, search
and seizure, agents of the United States.
The defendants contend that there was
not probable cause and that the state
troopers are to be deemed agents of the
United States, because $26 of Title II of
the National Prohibition act imposes the
duty Of arrest and seizure where liquor
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-01-01

According to press report, the federal
courts OF Chicago have naturalized TO-
900 citizens OF other nations in the last
four weeks.
Evening star., 1928-10-10
BURLE|TH CITIZENS
OPEN FALL SEASON
Association Indorses Board
of Trade Movement for
Roosevelt Stadium.

The Burleith Citizens Association In
its first meeting of the Fall at West
ern High School last night unanimous
ly indorsed the movement of the Board
of Trade to obtain for Washington a
great stadium as a Roosevelt memorial.
Prospect for additional park land in
the Burleith vicinity adjoining Glover
Parkway entrance has diminished, ac-
cording to j. L. Ford, member of a
special committee who reported the
unsuccessful efforts of this committee
to prevent builders from cutting down
a hill covered with oak trees. Mr..
Ford said the Park and Planning Com
mission had declined to purchase the
ground lying between Thirty-eighth and
Thirty-ninth streets T street and the
entrance to Glover Parkway. Working
on the earlier indication that the COM
mission eventually might buy this land,
Mr.. Ford said that promise had been
obtained from certain sources to ad-
vance sufficient funds to buy the land
in order to hold the ground for later
purchase by the commission. 1t later
developed, however, Mr.. Ford said, that
the commission would not buy now
and could not promise to buy any time
in the near future. One large lot,
however, in the area under conSidera-
ton, he said, was owned by an individu-
al who was inclined to hold onto it
with the prospect of later purchase by
the Government.
Mrs. R. P. Rands, organizer of the
Playground, reported that $40
had been raised by a dramatic enter
tainment for the playground, but that
$50 more was needed for purchase Of
necessary apparatus. She told the as
sociation that school authorities plan
ned to open the new Gordon Junior
High School in the community within
the next few weeks.
Evening star., 1928-10-10
TnnAY,s ADJUSTMENTS.

National-"Wings," photoplay. at 2:So
and $50 pm.
BelascO-Fay Compton, in "Olympia," /"
drama, at 2:30 and $3.50 pm.
Keith's-"Morocco Bound" "Tenth
Avenue" vaudeville and pictures, con-
tinuous IL am. to IL pm.
Strand-"Around the Town." bur-
lesoue, at ais and 8:15 pm.
EarIe-"The Wedding March" con-
tinuous II 80 am. to IL pm.
FOx-"Mother Knows Best" con-
tinuous IL noon to IL pm.
CoIumbia-"Our Dancing Daughters, -
at 11:15 am, 1:10, 3:15, $40, 7:25 and
9:35 pm.
PaIace-"The Cameraman," at 11:15
ana 1:15, 4, $40, 7:45 and $50 pm.
MetropoIitan-"The Singing Fool" at
11:15 am, 1870, $40, $40. 7:10 and
9:15 pm.
Little Theater-"Violette Imperiale, I"
continuous to IL pm.
Tivoli-"F Forgotten Faces" at 2:20
4:1O, 5:55, 7:45 and $3.50 pm.
AmbassadOr-"Her Cardboard Lover"
at 6:10, 8 and $50 pm.
CentraI--"Vamping Venus" at 1890,
2, $3.50, S, $50, and $40 pm.
Evening star., 1928-10-10

the visitation, refreshments, consisting
of cider, doughnuts and apples, were
served, as is customary on the part of
Takoma Lodge.
The first visitation of the season to
a lodge meeting in Masonic Temple,
Thirteenth street and New York ave-
nue., is scheduled for tomorrow evening
at o'clock, when an official call will
be made on the New Jerusalem Lodge,
No. 9. Half an hour later a visitation
will be made to Cathedral Lodge, No.
40, and to Temple-Noyes Lodge, No. 80,
meeting jointly.
For the joint visitation elaborate
preparations have been made. Cathe-
dral Lodge will serve as host, Temple
Noyes Lodge having been in charge of
a similar function a year ago.
Evening star., 1928-10-10
LODGES ARE VISITED
BY GRAND MASTER
Official Call Will Be Made To-
morrow on Three Lodges
in City.

Having visited Petworth and the
Northeast section of the city, the grand
master of Masons in the District of
Columbia, accompanied by the officers
of the Grand Lodge, last evening jour
neyed to Takoma Park, D. c., to pay
an official call of ceremony on Takoma
Lodge, No. 20, of which Harry C. Robb
is the master. It was the fifth of the
43 lodges Of the jurisdiction to be
visited.
Grand Master James T. Gibbs and
his officers were officially and cordially
received. The reports for the Masonic
year ended September 80 were reviewed
and the officers and the lodge congratu-
lated on the showing made. Following
Evening star., 1928-10-10

HERES no secret recipe for maxi
ing the finest ice cream. Just take
real rich cream real Cuban cane
sugar. a real fruit or a natural fla
voring and not a thing else!
Then blend these pure, wholesome
ingredients together with the skill
gained from 81 years of ice-cream
making-and you'll get Breyers Ice
Cream-the most delicious and
perfectly-balanced ice cream possi-
BILE to make.
''We drive two miles regularly to
get Breyers, writes the mother of
a suburban family. ''Several we'll
known makes of ice cream are sold
near our home, but we are con-
vinced that none is as pure and
wholesome as Breyers.
More than 100000 people eat
Breyers every day. Try it in your fa-
vorite flavor and you'll understand
why. PatrOnise the Breyer Dealer.
Nogales international., 1928-06-12

mine were inspected by the visi-
tors and their operations explain
ed by Manager Hamilton. These
units include hoists, air compress
sors machine drills, electric motors
compressed air motors, etc. The
electric power is supplied by the
Southern Arizona Power Compa-
ny, whose transmission line from
Nogales across the Patagonia
Mountains, furnishes the "juice"
to drive machinery in other mines
in the vicinity.
Mr.. Hamilton explained that
the geological formation presents
several great veins and lodges, a.
long contact between calcite and
porphyry, and that the gangue of
the ore bodies is lime quartz
carrying finely comminuted par
ticles of chalcopyrite, chalcocite,
bornite and other forms of con-
per occurrence, with little lead,
silver and gold. The shipping ore
nets the company about $45 dol
lars per ton. Quality and value
of lthe ore improve as depth is
attained, and all geological indica-
tions go to sustain the theory that
with depth of 1900 or 1900 feet
below the surface the Morning
Glory will prove one Of tie great
est producers in the state of Ari-
zona. tFR
After the visitors had returned
from inspection of the mines and
machinery a meeting was called
of those interested, Doctor Gus
letter presiding, as chairman of
the mining committee of the
Chamber of Commerce, at which
meeting there were discussed me-
thods proposed to be adopted to
further and advance the mining
industry in Santa Crnuz County.
Among other matters it was de-
cided to solicit the Wonderland
Club to devote several thousand
dollars of their advertising fund.
to preparation, publication and
distribution of a number of thou
sand copies of a descriptive PAM
phlet, now in course of prepara-
tien, descriptive Of the unparallel-
ed mineral resources of Santa
Cruz County. Other methods of
advertising were discussed and re-
commended to the Chamber.
In the course of the proceedings
Nogales international., 1928-06-12
Mexican Vote
To Be July |

A few days after the Demo-
cratic and the Republican ma
tional conventions are held in the
United States this year, Mexico
will have some election fun of
it's own.
Sunday, July 1, there will be
held the presidential election
throughout the southern repub-
lie. More than 100000 voters
are expected to cast their bal
lots.
The next president of Mexico
will hold office for six, instead
of four, years, under a con-
stitutional amendment passed
last year. The only candidate in
the field at the present time is
General Alvaro Obregon, who
was president during the term
preceding that of Plutarco Elias
Gales, the incumbent.
Under the constitution Of 1917
| there is no office Of vice presi-
dent. In case of the death or
! disability of the president the
| secretary of the interior, who is
the ranking officer of the cab
met, succeeds to the chair, pend
| ing an election Of new presi-
| dent by the national congress.
The next official in line for the
presidency, after the secretary
of the interior, is the chief JUS
tice, or president" of the SUI
preme court.
In Mexico the national cleo
tions are held the first Sunday
in July. The Sabbath is set
aside for election day in order
to enable the laboring elements
of the population to perform
their civic duty without interfer-
ing with their work.
Each party has a separate bal
lot, which is presented to the
| voter at the polls. Each ballot is
of a different color, so that vot-
ers who cannot read may know
which ballot they wish to throw
| into the box. The voter throws
aways or destroys the other bal
| lots. A blank ballot is also given
to the elector, who may write in
the name of some one beside
those presented on the political
menu. The vote is direct, and
not through an electoral college.
The new president will take
office December /, 1928. His
term will expire November 80,
1884.
Nogales international., 1928-06-12

In response to an invitation
given several weeks ago by J. A.
Hamilton, Manager of the Ten
nessee Copper Company, operating
the Morning Glory Mine, in the
HarshawDistrict, Patagonia Noun
tains, about rs people participat-
ed in the motorcade Sunday to
the property mentioned, where
they were entertained most hos
pitably by Mr.. Hamilton and his
able corps Of assistants and work
ers.
Beside the Nogales contingent
there were number present from
Patagonia and elsewhere. Among
those present were noted the fol-
lowing prominent and well known
people:
Malcolm Middleton, president of
the Nogales Chamber of Com
merce, with ]. B. Bristol, it's Sc
cretary; DR.. A. L. Gustetter, chair
Nogales international., 1928-06-12
Is Nogales Persons Take Part In
Tour ToFamous Morning Glory Mine

man, of the mining committee of
the Chamber; Bracey Curtis, The
ron Richardson and Grover Mars
teller of the First National Bank
E. A. Titcomb, J. r. Kramer, w.
N. Puckett, Walter Holm Capt. L.
w. Mix, of Roy & Titcomb, Inc. /;
Col. Allen T. Bird, w. F. Over
ton, Louis Hudgin and Walter
Hudgin, the Kino Copper CompaS
ny; Mr.. and Mrs. E. K. Cumming,
Senator Andrew Bettwy; Leocadio
Escalada, Escaladas Brothers; A.
Dumbauld, Clerk Board of Super
visors; Thos. Pitts and John Pitts,
Southern Arizona Power Co., with
Mrs. Thos. Pitts, Mrs. John Pitts
and Miss Pitts; Hugo Miller, chair
man, Board of Supervisors; A. r.
Beam. DR.. Anna Smock, Miss Ali
ce Johnstone, Miss Daniels, Miss
Bristol, Harry Farrior and others,
from Nogales; C. A. Pierce M. f.
A. S. Henderson, f. E. Bethel, C.
l.. Northcraft, and Howard Keener
editor Santa Cruz Patagonian, all
from Patagonia; Frank Allberg,
Worlds Fair Mine; Robert Gus
letter, Mowry Mine; H. Kohlberg,
Santa Rita Mines; H. voorman
and W. J. Johnstone, Homestake
Mine.
Pursuant to schedule the entire
party, with few exceptions, was
on the ground at IL o'clock. At
noon a fine chicke'. ulnner was
served, with numerous Islnty and
well prepared trimmings; to which
delicious repast ali id iulI justice
and none went away dissatisfied.
After dinner Manager Hamilton
and assistants showed those Of the
visitors and through the UNDER
ground working of property, con-
Quoting them through some 1000
feet Of tunnels, shafts, inclines,
drifts and WINES, climbing ladders
and going through many interest
ing places. There were shown
where high grade ore is being ex-
tracted, hoisted to the surface,
and shipped to smelter at the rate
of two carloads per week, and
were shown yet in place some
100000 tons of second class ore
that will pay to treat with the
company's own reduction plant
which will be erected upon the
premises after further develop /
ment and exploration have deter
mined the most advantageous loca-
ton for locating the plant. AS now
developed the ore body is 500 #.
long, 200 feet wide, and the pre-
sent depth below the surface is
600 feet, with excellent ore de-
monstrated with each days work.
Various units of the machinery
plant on the surface and in the"
Nogales international., 1928-06-12
G. Q. P. Conventions Inclined
to Select Nominee
Quickly

Kansas City, June IL. (U.P)
The Republican National Con-
vention of 1928 probably will
deviate from the rule-it is hard
ly possible that candidate will
be nominated on the first ballot.
In IL. Of the 18 national con-
ventions held since 1856 the Re-
publicans nominee has been Sc
lected on the first ballot, but
there is scant likelihood of that
occurring this year.
The situation today is some
what similar to that of 1920 when
Nogales international., 1928-06-12
ONE BALLOT USUALFORG.O.P.

the late Gen. Leonard Wood was
the apparent popular choice anC
had garnered large block OF
delegates, much like H. Hoover
has done in the present pre-con-
vention campaign.
But Wood was not the nominee
the convention settling upon
Warren G. Harding, comparative
dark horse"
TIE longest period of balloting
in Republican convention was
in 1880 when 36 ballots were re-
quired before nominee was Sc
lected. The successful candidate
was James A. Garfield. p
Results of the Republican Ma
tional Convention since 1856 are
shown below:
Nogales international., 1928-06-12

Williams - Stage service in
itiated between Grand Canyon
and this place by Fred Harvey
Company.
Lakeside Bids opened f o r
construction of new school build
ing here.
Nogales international., 1928-06-12
PAGE THREE

adjourned.
1t was late in the afternoon
when the assemblage dispersed
and departed for the homes of
various participants, all feeling
that the day had been spent well
and profitably.
Nogales international., 1928-06-12

The Mistress: 81 will pay
$4,000 a month-do You like
children 2"
The Maid: Eyes ma'am-- for
$500 extra"
Nogales international., 1928-06-12

Chloride = Work progressing
rapidly on j. M. Russell's new
store building.
Estimated that approximately
3847 cars of cantaloupes will be
shipped from Salt River Valley
this season.
Nogales international., 1928-06-12

it was stated that the Arizona In
dustrial Association, p. G. Spills
bury, president, is planning a
state wide conference Of mining
men at Nogales in October, when
there will be instituted an orga-
nization of a State Association to
protect and forward the mining
industry.
The meeting adopted resolu-
ton thanking Mr.. Hamilton for
his generous hospitality and a.
bundant entertainment, and then
Nogales international., 1928-06-12

Nominee
John C. Fremont.
abraham Lincoln.
abraham Lincoln.
*Ulysses S. Grant.
*Ulysses S. Grant.
*R. B. Hayes.
*J. A. Garfield.
James C. Blaine.
*Benj. Harrison.
BENZ. Harrison.
SWIM. Mckinley.
SWIM. Mckinley.
*Thoe. Roosevelt.
SWIM. H. Taft.
VIM. H. Taft.
Chas. E. Hughes.
*W. G. Harding.
*Calvin Coolidge.
SELECTED to the presidency.
New Britain herald., 1928-02-20
NAVYS REPORT ON
 SUB DISASTER WED.
Inquily's Findings M S4
 Tragedy to Be Puhkhed

Washington. Feb. 20 R - The naval board Of inquiry's report on the submarine S-4 disaster of Prov incetown. Mass, December IT. will be made public Wednesday. Secre- tary Wilbur announced today. after conference with Under Secretary Mills. of the treasury and Admiral Bullard. commandant, of tho coast guard.
 Secretary Wilbur said the recom- mendation and opinions would be re- ferred to the court of inquiry for further consideration but before this court reaches its final conclusions 1t has been decided that the, original report would be released to the public.
 It will be furnished the press for publication on Wednesday morning.
 The statement of Secretary Wilbur was taken to indicate that there is some difference between the findings of the treasury. which controls the coast guard and those of the naval court of inquiry. The coast guard cutter Paulding rammed the sub- marine.
New Britain herald., 1928-02-20
BYRD ID HAYES
 PLANES 0N TRIP
N Dogs Also His on South
 Pole Dash

New York, Feb. 20 R1Seventeen of mans most primitive aids to trav- el in ice-bound regions and three of the most modern-the dog team and the airplane-will be used by Con- mander Richard E. Byrd on his pro- jected expedition to the South pole.
 Announcement has been made that Commander Byrd is having a Bellanca monoplane, similar to the Columbia, in which Clarence Cham berlin and Charles Levine flew 10 Germany. built to add to the tri- motored Fokker and the Fokker universal, already part of his equip ment. And at Monalancet, N. H., three of the seventeen dog teams he is to take with him are being trained by Arthur T. Walden, who will be his dog chief on the polar dash.
 The Bellanca plane being built for him at Port Richmond, Staten Island. will have g. wing spread of fifty feet and & cruising range of several thousand miles and will be equipped with a specially insulated