davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1931-04-10
SENATE MAPS
, SUIT To GUST
c. D. SMITH
John w. Davis, Groesbeck in
Conference With Walsh on
Power Head Legal Fight

One of the greatest constitu-
tional battles ever waged-testing
the power Of the Senate to re-
call it's confirmation of q Fed
eral official-will get under way
next week with the filing Of the
Senate's suit to oust George Otis
Smith as chairman of the Fed
eral Power Commission.
The Senate'S special counsel
John w. Davis, Democratic presi-
Dental nominee in 1924 and q
former solicitor general, and for
mer Gov. Alexander j. Groesbeck
Of Michigan-are here to confer
with Senator Walsh CD of Mon
tana, over drafting the custer
petition.
Type of Action
The fight to oust Smith will be
in the form Of a quo warrantO
proceeding, brought under an old
statute giving a citizen the right
to file suit to discharge q public
official from an office illegally
held.
The case will be prosecuted to
the United States Supreme Court,
regardless of the outcome in
lower courts, because the issue at
stake affects the powers of two
branches Of the Government.
Pepper For Defense
Smith will be represented by ex-
Senator George Wharton Pepper
of Pennsylvania and will have the
moral support of the Department
Of Justice, which ruled he was
holding office legally and which
advised President Hoover to ignore
the Senate'S demands for his re-
mOval.
Smith aroused the Senate'S ire
when he dismissed two veteran en-
ployeS of the commission as soon
as he took office, and the body re-
called the nomination papers Of
all three commissioners - Smith,
Claude L. Draper and Marcel
GarSaud.
The President refused to return
the papers and the Senate there
upon reconsidered the nomina-
tions, reconfirming Draper and
Garsaud, but rejecting Smith.
One Is ReinStated
Since then the commission rein
stated one of the discharged en-
ployes, William ". King, chief
clerk.
The legal issue is whether Smith
holds office legally, since the
Senate reconSidered his nomina-
ton and rejected him.
This action was taken under a
Senate rule. permitting the recon-
sideration of a nomination, If the
motion Is made within two execu-
tive sessions after the Confirma-
tion.
The rule was enacted under the
constitutional provision giving the
Senate power to five its own rules.
Senate Always Wins
The Department Of Justice
ruled the Senate had waived its
power to reconsider when it failed
to act before Smith was sworn
into office.
His counsel will argue the
Senate's action really constituted
an impeachment proceeding,
which. under the Constitution,
must be initiated by the House.
Many lawyers have declared the
Senate was without power to act
as it did.
On the other hand, the Senate
has seldom lost o legal case in
high courts.
Invariably, the Supreme Court
has ruled that Senate interpreta.
tiOnS Of its own powers are con-
StitutiOnal and correct.
The Washington times., 1931-04-10
ORTFPS FAITHFUL VALET ACCOMPAN HIS REMAINS
FUNERAL PAR TY IS ON WAY
To C|NC|N Natl HOME
as remarkable, the ravages Of the

as remarkable, the ravages Of the
disease.
Wednesday night there was q
decided turn for the worse. Thurs
day morning his physicians, DrS.
Thomas G. Brooks and r. H.
Wilds, of Aiken. S. c., knew that
the end was near. At 1852
yesterday morning the last spark
of life ebbed from the veteran
statesman.
Mrs. Longworth had not left
the Curtis home since her arrival
Wednesday morning. She was
uShered from the sick room by
Mrs. Curtis just few minutes be-
fore the end. Only the two
doctors and the nurses were at
the bedside as Speaker Long
worth lost his game battle with
death.
Officials To Attend
Prominent Washington officials,
including Mr.. Hoover and many
of Mr.. Longworth's colleagues,
will attend the funeral in Cincin-
natl. They will arrive on a Spe-
cial train from Washington to-
morrow morning.
Mrs. Theodore Roosevelt, ST.,
Mrs. LOngwOrth'S mother, and her
sister, Mrs. Ethel Roosevelt Derby,
will attend the funeral also. The
services will be held in Christ
Episcopal Church, and will, ac-
cOrding to Mrs. LOngwOrth's plans,
be extremely simple.
The Washington times., 1931-04-10
CONDITION OF TREASURY

Treasury balance as Of April g.:
$477, ,930. .299.S7; expenditures, $l2,-
sci ,495.96; customs receipts, &c..
Is51,263. -.
The Washington times., 1931-04-10
FIRE DAMAGES HOME

Fire today caused approximate
ly $500 damage at the home Of
Mrs. Lutz Wahl. 2725 Connecticut
Ave. N. w. It's origin is ur1-
known.
The Washington times., 1931-04-10

MRS. FLORENCE ADAMS
FOR YEARS, Mrs. Florence
Adams and Sidney Adams, a
mining engineer, have been
stepson and stepmother. To-
morrow they will become hus-
band and wife. They will be
married in San Francisco. Mrs.
Adams is the widow of Prof.
E. D. Adams, who was a history
professor at Stanford Univer-
SitY.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-13

isting at that time, but the general
attitude of our allies regarding the
manner in which Americans should be
employed.
When the Joint note was presented to
| Secretary Baker. pointed out to him
and Gen Bliss that the proposal, if
| approved by the President. would place
| the disposition of American units en-
tirely in the hands of the Supreme War
Council and take them quite out Of our
control, even for training, and would
without doubt destroy all possibility OF
| our forming an American Army.
The Secretary was as strongly OPP
posed to any such an outcome as I,
and after some discussion he dictated
| his views in a cable to President Wilson
explicitly recommending that the con-
troll of our forces should be retained by
cur commander in chief and that the
| sense.
Secretary Bakers cable to the
President read, In part:
The foregoing resolutions (of the
military representatives on the supreme
counciD were considered by Gen. Bliss,
| Gen. Pershing and me. Paragraph
three proposes change in the order OF
shipment of American troops to France
and necessarily postpones the organi-
ZdLlOn anu training Oh COLupIcbc <AAIlClA-
can divisions as parts OF an Independent
American Army. This ought to be con-
coded only in view Of the present criti-
cal situation and continued only so
long as that situation necessarily de-
mands it.
Suggests Note to Wilson.
THE question Of requirements will
continue to embarrass the British and
French governments. and efforts to
satisfy that need by retaining Ameri-
can units assigned to them must be an
ticipated, but we must keep in mind the
formation of an American Army, while,
| at the same time, we must not seem to
sacrifice joint efficiency at a critical
moment to that object. Therefore !
recommend that you express your APP
proval of the joint note in the follow
| ing sense:
THE purpose of the American Gov
, eminent Is to render the fullest CO.
| operation and aid, and therefore the
recommendation Of the military repre-
sentatives with regard to the preferen-
tial transportation of American Infan-
try and machine-gun units in the pres
ent emergency is approved.
Such units when transported will be
under the direction of the commander
! in chief of the American Expeditionary
Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-13

Forces, and will be assigned for train
ing and use by him in his discretion. He
will use these and all other military
forces of the United Stttes under his
command in such manner as to render
the greatest military assistance, keeping
in mind always the determination of
this Government to have its various
military forces collected, as speedily as
their training and the military situation
will permit, into an Independent Ameri-
can Army, acting in concert with the
armies of Great Britain and France
and all arrangements made by him
for their temporary training and service
will be made with that end in view"
This action by the military represent
atives just at this crisis was intended
to put the weight of the Supreme War
Council behind the idea of maintain
ing the strength of allied units by
Americans as policy. The text Of the
joint note made it entirely plain that
this was their purpose.
The message forwarding the Joint
note, with Mr.. Bakers comment, was
answered by a cable from Washington
dated March 80, which stated:
THE President concurs in the joint
note of the permanent military repre-
Sentatives of the Supreme War Council
in the sense formulated in your number
81 March 28, and wishes you to regard
yourself authorized to decide questions
of immediate cooperation or replace
ment."
Recommendation Understood.
It was thought that this statement,
coming from the President, would
check, at least for the time being, the
demands of the allies that we provide
units for building up their divisions,
but their insistence continued.
The Presidents message was followed
March 80 by cable from the depart
ment, which stated:
THE recommendations of Secretary
of War to President that pref
erential transportation be given to
American Infantry and machine-gun
units in present emergency understood
and will be followed"
1t went on to say that these units
pertaining to three divisions, the Sd,
5th and 77th, would be sent at once,
and those of three other divisions about
May /.
Replying April to the departments
cable, I emphasized that it was mot
intended that our units shall replace
the losses of British or French organi-
cations, and therefore our artillery
should be held in readiness to follow
Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-13

Virginia Anti-Smith Committee In thu
1928 presidential election. He has been
questioned about his activities by the
Senate Lobby Committee, but he sue
cessfully challenged its authority for
such an inquiry.
The data received Wednesday dealt
with deposits and Withdrawals from ac-
counts maintained by the Southern
Methodist churchman In several Viz
ginia and Washington banks during
1928 as head of the Virginia Anti
Smith Committee. as executor of an es-
tate and as James Cannon, IT."
Bishop Cannon has denied the charges
filed with the committee by Repre-
sentative Tinkham and has received
permission from Senator Nye to file a
sworn statement later, II he deems one
necessary to prove individually" they
are unfounded.
Bishop Cannon stu is confined to
Sibley Hospital with arthritis and II is
unlikely his physician would permit
him to be questioned by the committee
for some time.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-13
THE WEATHER

District of Columbia Cloudy, followed
by Rim tonight and tomorrow; contin-
ued warm tonight, minimum tempera-
tur8 about 40 degrees: colder tomorrow
afternoon or night; moderate to fresh
SOUTHWEST winds.
Maryland-Rain tonight and tomor-
row; colder tomorrow afternoon or
night; fresh, possibly strong southwest
winds.
Virginia-Rain tonight and tomorrow;
slightly warmer in south portion tonight
and colder in north and west portions
Tomorrow afternoon: fresh southwest
winds.
west Virginia Rain tonight and
probably tomorrow morning; colder to-
morrow and in northwest portion to-
night.
Record for "a Hours.
Thermometers pm, 50: 8 pm, 40;
~ midnight, 40; 4 am. AZ; am, 80;
noon, so.
Barometer-4 pm. 30.15; 8 pm,
So1S; IL midnight, 30.16; 4 am, BOIL;
am, BOIL; noon, 5000.
Highest temperature, SO, occurred at
$3.50 pm. yesterday.
Lowest temperature, 81, occurred ct
$3.50 am. today.
Temperature same date last year
Highest, So; lowest. SO.
Tide Tables.
Furnished by United States Coast and
Geodetic Survey)
Today-Low tide, 1885 am; high
tide, 4:53 am. and SIS pm.
Tomorrow-Low tide, o:10 am. and
1880 pm; high tide, Sat am. and 6:18
pm.
The Sun and Moon.
Today-Sun rose 1908 am; sun sets
B:42 pm.
Tomorrow-Sun rises 7:02 am; sun
sets 5:44 pm.
Moon rises Asst am: sets /: so pm.
Automobile lamps to be lighted one
half hour after sunset.
Weather in Various Cities.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-13
MITCHELL RAPED
IN MICHEL MATTER
SchaII and 81 Others Declare
Minnesota Man in Line
for Judgeship.

ny the Associated Press.
In q new letter to President Hoover,
made public today, Senator Schall, Re
publican, Minnesota, continued to urge
Ernest A. Michel for Federal Judge In
that State, despite the refusal of the
Chief Executive to consider the name.
81 agree with YOU" wrote Mr. Schall
under yesterdays date. that 1t would
be a misfortune if Minnesota should
not have the advantage of the establish
ment of this court during the present
session of Congress- but also feel that
It is q greater misfortune that you have
not been given a true picture OF the
Minnesota situation and / hope that
you may have it before you act in the
matter"
Protest Is Forwarded.
Mr.. Schall inclosed protest, signed
by the majority of the Minnesota State
Senators and Lieut.. Gov Arens, against
the recent unjust and undignif1ed at
tacks" by Attorney General Mitchell
against the appointment of Mr.. Michel.
I'VE feel, Mr.. President" it said,
''that you have been grossly and de-
liberately misled in regard to the char
acter and qualifications of the man who
is so widely supported for this high
position"
The protest asserted also the belief
Of the people of the State and Nation
that a lawyer honest and faithful to his
profession should not be barred from
the judiciary because he has not
served an apprenticeship In the en-
ployment of the privileged interests Of
this country"
The statement bore "a signatures.
Senator Schan also Enclosed a letter
from State Senator Spindler, who, while
not indorsing Mr.. Schall'S choice for
the post, criticized the Attorney Cen
erals expression of opposition.
A telegram from District Judge Roeser
Of st. Cloud. Mimi, Endorsed by the
seventh district State Bar Association
for the post, also was forwarded by Mr..
Schall. It set forth that Mr.. Roeser
was indorsing Michel.
Denial that Attorney General Mitch
ell prevented the Supreme Court from
passing on a 81 ,00o, 900 tax suit against
q former client while he was solicitor
general, as charged by Senator Schan,
was made today by Assistant Attorney
General Sisson.
Scope Of Charge.
The Minnesota Senator said recently
that Mr. Mitchell prevented the Su-
pren1e Court from reviewing a suit for
$1,000, 000 against the estate of Mrs.
James j. Hill, which he represented be-
fore he became solicitor general.
The Judgment was upheld by the
Minnesota. District Court, but reversed
by the Circuit Court Of Appeals and
was not carried to the Supreme Court.
In a letter to Senator HILBERT, Re-
publican, Rhode Island, which was
placed in the Congressional Record,
Mr.. SiSson said Mr.. Mitchell had moth
ing to do with the decision not to carry
the case to the Supreme Court; that
It was decided by the tax division under
former Assistant Attorney General
Maabel Walker Willebrandt and approved
By Attorney General Sargent.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-13
CANNON MAY GIVE
OWN SIDE or CASE
Senate Committee to Decide
Question After Study
of All Data.

An opportunity for Bishop James
Cannon, jr., to defend himself may be
afforded the churchman by the Senate
Campaign Funds Committee before
completion of its investigation Of the
manner in which he handled funds in
the 1928 anti-Smith campaign.
, This was indicated yesterday by
Chairman Nye, who said definite de-
cision would await an examination of
the mass of data received from bank
ing officials.
No further hearings are planned until
this examination Is finished. The in
vestigation started Wednesday after
Representative Tlnkham, Republican,
Massachusetts,, had charged the bishop
with violating the Federal corrupt prac-
tees act in handling campaign funds.
Bishop Cannon was chairman of the
Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-13

terror and the suffering that it causes
women and children are incomparably
worse. These thousands were leaving
everything behind them, going to some
distant part Of their country to be-
come, many of them, dependent upon
their friends; others. perchance friend
less and penniless, to live by charity, as
q burden to the community, or beg
from door to door. There was even then
hope that they might return later and
through the help of the government
rebuild their homes.
But will the shadow of this dread
full experience ever pass, or will wal
come again to cause like suffering to
their children?
No one can answer, but all can strive
to the end that this experience. which
is the heritage of lands where the en-
berS of hatred and jealousy are kept
alive at the fireside to be famed into
flaming war by ambitious and power
full leaders, may come no more.
My diary notes the following:
"Chaumont, Friday, March %. 1918
Held conference with the Secretary OF
War and Gen. Bliss yesterday on joint
recommendation of military represent
alive of the war council.
Left Paris this morning for Chau-
mont
"At Petain's request, the 1st Division
ordered to battle line, which Mr.. Baker
said people at home would enthusiast
tically approve.
"Mr. Paul Cravath dined With us
this evening and, speaking Of unity
favored placing control in the hands OF
committee composed of Marshal Haig
Gen. Petain and myself"
The situation had become so serious
that the military representatives seemed
TO think 1t necessary to recommend
that all previous plans for the ship
ment of American troops be disregarded
and that nothing but infantry and ma
chine-gun units be shipped until other
wise directed by the Supreme War
Council. This they did in the form OF
a joint (or unanimous) note. which
was, of course. approved by the SUI
preme War Council.
JeOpardized Separate Army.
I was very much surprised at the
attitude Of Gen Bliss, our military rep
resentative with the council, as without
his consent the joint note could not
have been submitted to the council.
The presence of the Secretary of War
fortunately afforded me the opportunity
to discuss with him not only the de-
mands of the particular situation ex-
Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-13
Noted Social Worker succumbs.

NEW YORK. February IS lP.-Rev.
DR.. Anna Garlin Spencer, social work
er, educator and author, died yesterday
at her home. She was 70 years old.
Despite her advanced age, she re-
manned active IN social work until she
was stricken at her desk Tuesday. She
was head of the family relations di-
vision Of the American Social Hygiene
Association.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-13
ALUMNI GROUP PLANNED
Rev. Mcnamara May Address st.
Gabriel Graduates Monday.

An alumni association Of the st.
cabrieIs School will be formed at q
meeting of former students in the
Parish hall of st. Gabriel's Church,
webster street and Grant Circle, al
& pm. Monday.
Efforts are being made to have the
r9iOht Rev. John NJ. Mcnamara, auxilt-
ary bishop of Baltimore and pastor OF
St. Gabriels Church, address the
meeting.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-13
81 ooo. 90 for Lutheran Missions.

NEW ORLEANS. February 10 Pl--
Reports made yesterday before the
Missouri Synod Of Lutheran Churches
in session in New Orleans showed that
more than 100000 would be spent
during the current year in educational
and missionary work. E. Seuel, ma
tional treasurer, made the report.
Imperial Valley press., 1931-02-25
Whot significant ehange hos recently been mode
in the WraPPing Of the CAMEL package containing 20 eie
end What ere it's advantages to the smoker:
First Prize. $2j.OOO


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t examined mCp
Imperial Valley press., 1931-02-25

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WsMB, kTHS, WTMJ, KSTP, WEBC, WKY,
wBAP, KPRC, wOAI, KOA, KSL, KTAR, KCO,
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Imperial Valley press., 1931-02-25
Tonight

For more details tune in the
Camel Hour on ~. IL. &. NefwOrE.
9.30 to 1890 Eastern Time
$50 to 9.30 Central Time
7.3O TO $50 =. Mountain Time
6.30 to 7.30 Pacific Time
OEer Stations
VIZ, WBZA, WBZ, WHAM, KDkA, VICAR,
WJR, KYW, WLW, WRVA, WSJS, WAX,
WFLA, WHO'D, kWk, WREN.
Ills to 12.l5 Eastern Time
1915 to Ills Central Time
9.l5 to I0.I5 :. Mountain Time
3.l5 to 9.I5 Pacific Time
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-10-07
EDISON SINKING;
DEATH is NEAR
Only Few More Days,
Says Physician.
By United Press

BY OntJe6 PfeSS
WEST ORANGE, N. j., Oct. T.
Thomas A. Edison is growing stead
lily weaker, according to DR.. Hubert
S. Howe, his physician, and his con-
dition indicates he will not be able
to live more than a few days.
The 84-year-old inventor gradual
ly is sinking into "lethargy," Howe
said, but he rallied sufficiently Tues
day night to recognize his old
friend, Harvey Firestoney tire manu-
facturer, with whom he and Henry
Ford used to take summer vacation
trips.
Firestone visited the Edison es-
tate at Llewellyn Park Tuesday aft
ernoon, but Edison was asleep and
he did not see him. Tuesday night
a dramatic meeting took place be-
tween the two lifelong friends.
II got down on my knees so he
could see my face clearly and he
recognized me and smiled" Fire
stone said. "He is a very sick man.
We did not talk"
Edison is taking only half the
nourishment necessary to prevent
the spread of uremic poisoning, and
resistS efforts to induce him to
drink water, regarded by the ply
sician as highly essential part
of his diet.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-10-07
DEFENSE HINTS
that WITNESS
IS POISONER
Sensation Sprung at Trial
of Mrs. Carrie Simmons
for Picnic Murder.
SHOUTS ANGRY DENIAL
Champion Corn Grower of
Hancock County YeIIS
Enraged Never
SHOUTS ANGRY DENIAL
BY STAFF CORRESPONDENT

LEBANON, Ind, Oct. 7.-Explod-
ing the most sensational bomb of
the murder trial of Mrs. Carrie
Simmons, defense attorneys today
intimated that Horace Jackson,
Hancock county farmer, was the
poison sloyer of Virginia and Alice
Jean Simmons.
From the witness stand Jackson
shouted, time after time, his denial
of discriminating statements that
the defense credited to him the
day of the fatal reunion picnic here.
Leading gradually to the climax,
Charles Tindall, defense attorney,
suddenly demanded of the recalled
witness:
while you were sick from eating
that poison, didn't you lay your
head on your wife's lap and look
into her eyes and say, Amt this
awful, and I'm the cause of it all'?"
Hammers at Witness
The courtroom rang with the
shouts of jackson as he had made
the statement:
81 didn't say that" he cried. ST
never. never. never said it.
Ask her about it. She's in the court
room"
And seated within a few feet of
the witness, Mrs. Simmons, accused
of the Staying, stared wide-eyed as
she found some one else bearing the
brunt of murder allegations.
Tindall began hammering at
Jackson as soon as the witness, the
champion corn grower of Hancock
county, was seated in the witness
chair.
Tindall asked him if he had moi
Seen a capsule placed in a sand
wich.
mo, sir" was the reply.
"You know how it was placed ii
the sandwich?
mo"
"You know where a capsule was
placed in sandwich, don't your
Loses His Calm
Jackson was losing his calm. HI
moved in his seat and his eyes
shifted about the courtroom.
Finally he controlled himself as
much as possible and replied: mo
sir"
Previously Jackson had said he
laid part of his sandwich on the
table at the picnic reunion, after
some of the members of the group
had tasted the bitter" sandwiches.
But Tindall pressed him for ar
answer as to whether he did not
Turn to Page One, Second Section)