davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1934-05-23
Justice Hughes Rules

After the highest court in Cali
fornia had upheld the act, al
though expressing some doubt as
to its constitutionality, the case
was taken to the Supreme Court
The opinion of Chief Justice
Hughes said:
'"The maintenance Of oppOr-
tunity for free political discus
sion to the end that govern
ment may be responsive to the
will Of the people, and that
changes may be obtained by
lawful means, an opportunity
essential to the security Of the
Republic, is a fundamental
principle of any. constitutional
system.
"A statute which upon its
face, and as authoritatively
construed, is so vague and in
definite as to permit the pun
iShment Of the fair use Of this
opportunity is repugnant to
the guarantee of liberty con-
tanned in the Fourteenth
Amendment"
Counsel for the defendants ar
gued that the New York law was
an "even more flagrant" viola
ton of constitutional rights. and
made criminal the display Of the
red flag as the symbol of any
organization.
The Washington times., 1934-05-23
U. s. Case Cited

The majority Of court based
the ruling on the opinion Of
Chief Justice Hughes of the Su-
prene Court of the United States
on an appeal from the affirm
ance of a California statute
under which arrests were made
in that State, in which the law
was held invalid as in violation
Of the Fourteenth Amendment.
The New York law provides
that "to display or expose to view
the red flag in any public as
sembly or parade as a symbol or
emblem Of any organization or
association, or in furtherance OF
any political, social or economic
principle, or propaganda" makes
the offender guilty of a miSde-
meanor:
At about the same time similar
laws were passed in many other
States, although one enacted in
Massachusetts, was repealed later
because a red banner is symbol
Of Harvard College.
The California law, described
as much more explicit in its
terms than the New York stat
ute, made it a felony "to display
a red flag, banner or badge as
an emblem in opposition to or
ganized government, or an 1nv1'
tation or stimulus to anarchiStic
action and to seditious propa'
conda "
The Washington times., 1934-05-23
Service Of Process

Accordingly, it is held that with
the exception Of matters concern
ing which the statute provides
that the day shall be treated as
Sunday, any act done on that day
is as effective as If done on any
other day. Handy VS.. Maddox,
supra; Glenn VS.. Eddy, supra.
The issuance and service Of
process is a ministerial act and is
not prohibited even though the
statute forbids judicial proceed
ings on legal days. Smith VS.. 1hl-
ing, Al Mich. 614, II N. w. 408;
We'll VS.. Geyer, 81 Wis. ala. 81
N. w. 246; Whipple VS.. Hill, 36
Neb. 720, SIS N. w. 227; Glenn VS..
Eddy, supra; Nichols VS.. Kelsey,
20 Abb. N. c. IA, holding that the
laws Of 1887, Oh. 289, making Sat
urday afternoon a half holiday,
does not prevent the service Of
papers on a Saturday afternoon.
The general rule and the weight
Of authority holds that legal proc
eSS may be made on a legal holi-
day In the absence Of an express
statute making the day in ques-
ton a nonjudicial day for the pur-
pose Of service of process. Sacra-
mento County Reclamation Dis
trict No. 535 VS.. Hamilton, 112
CAL. 603, A Pac. 1914; Matter Of
Bornemann, 6 Appellate Division
524, 80 N. Y. s. 686: Horne VS..
Perry, II w. Va. 694, holding that
the service Of legal process on July
4 is not inhibited; 20 c. j. 765,
and authorities cited; Gehring VS..
Pfrommer, 15S Del. 1856, 400 Atl.
1924; Chamber VS.. Oehler. supra.
The Minnesota statute referred
to in Chapman VS.. FoShey, 23S
N. w. 637, shows what the legisla'
ture must do to make a legal
holiday nonjudicial day for the
purpose of preventing the service
Of civil process. This statute pro
vides that mo public business
shall be transacted on those days
except in cases Of necessity, mol
shall any civil process be served
thereon"
The Washington times., 1934-05-23
CLOTH TONE FIRM

NEW YORK, May 2S sD.-The
curtailment order issued by National
Administrator johnson late yesterday
brought a slight influx in trading in
tn ecoarse yarn cloths market today
and a firmer tone in the price struc
ture OF leading constructions. Total
business tranacted. however, was still
far from satisfactory as traders were
confronted with many other uncer-
tainties.
The slow retail trade, and consequent
hacking up of goods in varying guam
titles in the hands of converters' gar
ment manufacturers and others, also
have been factors in slow trading, and
these have not been eliminated. IL
was considered probable however rnat
with production under control, the
end Of the congressional session with
resultant removal of fears of various
kind of drastic legislation might be
the signal for some real buying.
The Washington times., 1934-05-23
No LAW TODAY!
|. ATTORNEYS ON
1934FROL|C

With fair and cooler weather
virtually guaranteed for the en-
tire day. litigating people need
not expect much professional ad-
vice today.
It is roughly estimated that
more than 900 attorneys and
juristS will be at Congressional
Country Club the entire day to
attend the annual spring outing
of the bar association and dur
ing the course of the day many
others are expected TO drift in,
either to participate in the games
and tournaments themselves or
to witness the efforts of others.
Festivities will start as soon
as the lawyers feel like arriving
and will last until some time after
p. m. when the dinner will be-
gin. How long it will last is a
matter Of conjecture.
There is nothing to be done
at this time to make the affair
run smoothly except the appoint
ment Of one little detail which
the outing committee will prob
ably handle as the day pro-
crosses.
That will be the appointment
Of a police detail.
For many years the lawyers
have fretted over the decisions
Of Justice Jennings Bailey and
Peyton Gordon while in the
courtroom. Today the justices are
to umpire the baseball game be.
tween the Constitutionalists and
the New Dealers.
It will be the first time the
lawyers will have had the oppor-
tunity to challenge a court opin-
ion in words other than the
polite expression:
"May / reserve an exceptiOn?"
When the lawyers begin taking
exceptions in the manner they
feel like taking them, the outing
committee will need police de-
tail to keep things quiet. The de-
tail will be drawn from strong
and sturdy members of the asso'
ciation itself, however, so every
thing will be in the family.
One group Of lawyers who will
attend the affair will keep them
selves well in hand.
They comprise the conservative
group of the Young Democrats,
which holds it's annual election OF
officers at the Willard Hotel to-
night.
A very formidable ins1lrgent
movement has developed in the
young Democratic ranks and the
conservatives are girded for the
fray.
AL Philip Kane is the conserva
tive candidate for first vice preSi
dent on the slate which is running
Goodwin Chase, jr., for president.
Oliver Wendell Holmes is the
slate candidate for national com
mitteeman; Janet G. Rutter, also
a lawyer, seeks election as ma
tional committeewoman: Bill
Crosswhite, former county attor
ney of Linn county. Kansas
aspireS to be treasurer; William J
Rowan, a District of Columbia
man and a Georgetown graduate
is up for Craftsmanship of the Dis
trict Affairs Committee, and Les
lie Gillis, jr., a Mississippi man
although a v. M. 7. graduate, is
candidate for chairman of the
resolutions committee.
The Washington times., 1934-05-23
SERVICE OF PROCESS
LEGAL HOLIDAYS
NoNJUDICIAL HOLIDAYS

Saturday afternoon, not q holi.
ddy, as to tnUdlidGte SerUice OF
summons made after IL O'Clock
noon. Section 13S9-OId Code; /;
NeU Code, Title % Section 1876:
Title "a, Section 371-37S; LGW
Rules 4-8-192O; Equity Rule %
(See Russell pS. Russian Troikd
M. C. 283,624. Writ OF Error denied
BY Court of Appeals D. C. Mdy S
1934.)
Motion to QuGsh service of sum.
mons denied eUen though deteH.
dGnt lDGS Served By the marshal
after IL o'clock noon Saturday.
In Law Cases 83827 and 83828.
Charles E. and Charlotte Cole VS..
the Globe Furniture Company,
Inc, service of summons was
had upon the defendant on the
afternoon Of Saturday, March "a,
1884, at about 4 o'clock.
The defendant filed q motion
to quaSh said service in each OF
the above causes, contending the
same to be illegal and citing in
support of its contention Section
1875, Title %, Of the new D. c,
Code, and the case Of Chapman
VS.. Foshay, 283 N. w. 637 (Minn.)
The plaintiffs filed lengthy
briefs in opposition, contending
that Title %, Section 1875, applied
only to negotiable instruments and
should not be construed to govern
the service Of process.
The Washington times., 1934-05-23
Hog Receipts Heavy
With Bidding LOWer

CHICAGO, May % U.N.SO
Receipts Of hogs today were "a 900
which included $4,000 direct to
packers. The market was great
ly oversupplied with early bids
10 to 15c lower. No top was estab
lished but buyers expected to get
the best hogs at $3.50. Statesmen
were holding at $3.65.
Receipts Of cattle also were eX-
cessive and prices IS to Csc lower
on the bulk Of offerings. A few
Of the best steers held about
steady.
The lamb market was steady.
The Washington times., 1934-05-23
LEGAL NEWS---COURT RULINGS
D. C.. Supreme Court
Recent Decision

public half holidays for all pur-
poses whatsoever as regards the
transaction of business in public
offices of this State or counties OF
this State" does not prohibit the
service of writ Of mandamus on
Saturday afternoon.
In the case Of Kelly ct al. VS..
Monticello Park Company, 141
Md. 1874, it was held that a writ
Of Injunction served on a legal
holiday does not prevent punish
ment Of it's violation by contempt
proceedings.
In the case Of Stark VS.. Mar
shall, 3 Ala. A, it was held that
Christmas Day is not a non
judicial day and that a writ issued
on that day Is not therefore cause
for quashing 1t.
Garry VS.. Reilly, 46 N. Y. s. 449,
20 Misc. 610, held that the Satur-
day half-holiday is not a non
judicial day and does not prevent
courts from continuing their
sessions and performing any
judicial business which may come
before them. See also Bechtl VS..
Roman & Co., 73 Pa. Super. ct.
1T; Clark VS.. State, 81 Tex Cr. R.
lot, 220 s. w. 100. The latter case
decided that the issuance Of a
copy Of the sheriff's writ on a
special venue on July 4 could not
violate the return.
The motions were heard by Mr..
Justice Bailey and in a short
memorandum the court held "the
motions to quash service will be
overruled."
Bernard H. Conn appeared for
plaintiffs, Mr.. Koenigsberger, OF
Simon, Koenigsberger and Young
represented the defendant.
In the first test Of the law
enacted in 1919 making it mis-
demeanor to display a red flag in
New York State as the symbol OF
an organization, the Appellate
Division by a vote Of three to
two held the statute unconstitu'
tional.
Justices Townley, G1ennon and
Untermyer voted to d1sm IS
charges against Jack Altman and
Alexander RetZnek, found guilty
in Special Sessions, Bronx county,
Of waving red flag near the
World War Memorial in Pelham
Bay Park on September 10. The
court has suspended sentence in
the case. Presiding Justice Finch
and Justice Merrell dissented.
The Washington times., 1934-05-23
Puerto Rican Sugar
Skipnaents Here Rise

Raw sugar shipments from
Puerto Rico to the United StateA
from January l to May 10, totaled
424,4 ,42S short tons, an increase Of
40 per cent when compared with
404, 4,528 tons in a similar period
last year, according to New York
Coffee and sugar Exchange
cables.
Refined shipments amounted to
$3.50, a 31.4 per cent increase
over the 43,051 ton total for the
1888 period.
Shipments of raw and refined
together for the week ending May
10, amounted to 20,785 tonA
against 35,707 in the same week
last year. About so per cent Of
the expected quota for the United
States under the Costigan-JoneS
Sugar bill, has been shipped tt
date.
The Washington times., 1934-05-23
CROPS EFFECT
ON RAILS HELD
NOT GREAT

Wheat production in 1893 was
so low that, even with subStan-
tial reductions from the May /,
indications due to drought, the
1884 grain tonnage of such win
ter wheat territory roads as At
Gibson, Frisco, Rock Island, Mis-
souri, Pacific, Burlington, Great
We stern, Katy, Kansas City
Southern, Cotton Belt, and Union
Pacific is likely to compare favor
ably with year earlier, observes
the Standard Statistics Company,
of New York. Movement of the
spring wheat crop, handled by
the Northerns, st. Paul, 500 Line,
Northwestern and Omaha, like
wise may be satisfactory as
against the low 1888 harvest.
Administration m easures de-
signed to offset the reduction in
farm purchasing power should
provide a Stabilizing influence on
aggregate traffic volume Of these
roads over the balance Of the
year. In the final analysis, the
size of the crop exerts less in
fluence upon railroad movement
than the price.
Except during the few weeks
Of harvesting, the inbound volume
of merchandise and manufac-
tured goods is fully as important
as the outbound flow of agricul-
tural products.
The Washington times., 1934-05-23
2 to Face Court
In Con Came Case

NEW YORK, May % CU.s).
The United States moved a step
further in it's war ON alleged
confidence men, when the
trial of William j. Graham and
James C. Mckay, Of Reno, &C
cused of defrauding Kathrin K.
Beeson of Pittsburgh of 100000
and John H. Callahan, Rochester
hotel man, of a large amount,
was scheduled for June 4. The
men pleaded not guilty yesterday
| to a Superseding indictment.
The Washington times., 1934-05-23
REPORT SHOWS
Bic INTEREST
PAYMENTS

NEW YORK, May 23 Q.N.S.G
In his first report to Stats
Superintendent Of insurance
George A. Van Schaick, Edward
Mclaughlin, special deputy super
intendent in charge Of the New
York Title & Mortgage Company,
revealed sizable interest payments
to creditors, the clearing Of thou
sands Of properties Of tax and
interest arrears, reorganization OF
certificate issues through Shacl1no
proceedings and conversions to
Home Owners Loan Corporation
bonds, and a $500,000 reduction
In the pay roll since the company
was taken over.
Since August 4, 1888, the
date Of rehabilitation, to and
including April 30, 1884, total
payments Of interest have been
$7,O34,532. These payments
are represented by 83,774 checks
to mortgage and certificate
holders. To 43,3OO holders Of
whole mortgages interest total
ing $5,941,956 was paid. To
23,4O2 holders of certificates on
specific mortgages $7O4,634 in
terest was paid. To 17,O72
holders of certificates in group
mortgage series $3S7,941 inter-
est was paid.
The report showed that the
New York Title Insurance Com.
pany, organized by the superinten-
dent of insurance to conserve the
assets Of the old company, has UNI
divided profits of $150,O0O.
OF the 1919, ,181 ,706 mortgages
outstanding as Of December 81.
1888, the report shows that $76,.
676,612 were in arrears of neither
taxes nor interest 30 days or mor0
past due, with the possible excep'
tion Of the second half of 1888
taxes then undergoing search.
The balance, 1902 sos, 5,093, was
In arrears of either taxes or inter
est or both. This includes all mort
cages in arrears, no matter how
small the delinquencies.
On a percentage basis, at De-
cember 81, 1888. about 20 per
cent Of all outstanding mort
cages were free and clear, and
because Of the policy Of devOting
property returns to the payment
Of arrears 1t was assumed that
current figures would show .
higher percentage.
After deducting items Of guar.
antee release and mortgage sur
render, the report shows total
amount Of current interest due on
outstanding guaranteed mortgages
during the calendar year Of 1929
was $28,391.481 Of the total
amounts progressively falling due
an average of 1898 per cent was
collected within 30 days, cumuS
lative average Of 6423 per cent
within 80 days and a cumulative
average OF TITO per cent within
six months.
The Washington times., 1934-05-23
AUTO FINANCING
Up SHARPLY

A greater than seasonal ad
vance in the dollar volume of re-
tail financing on new passenger
cars was reported during April
according to preliminary estimates
by the Department of Commerce.
April financing was 3S per cent
greater than March. and Ill per
cent higher than in April last
year. Estimates are based on
figures reported to the Bureau Of
Census by sample group Of H.
nancing companies that have been
in continuous operation since 1929.
The Washington times., 1934-05-23
HOMESTEAD|NG
ENJOYS BOOM

HELENA, Mont. G.N.sJ.-Mon-
tana is enjoying the third home
steading boom" of its history,
according to records Of the
United States land office here.
Many men who have been disap-
pointed in other ventures are
said to be flocking to this State
to file claims on small parcels
Of land where they may raise
enough crops to support them
selves.
The ''get-rich-quick" spirit that
prompted the influxes of settlers
in the '80s of the last century
and again in 1915, is lacking now.
The Washington times., 1934-05-23
Funds Are Sought
For Summer Can1p

Plans are being completed Tor
opening Camp Clarissa Scott for
girls Of the Phyllis Wheatley Y.
w. C. A.
The opening date has been set
for July 16. This is the second
season the camp has not received
funds from the Community Chest
and a committee of volunteer
workers under the leadership OF
Mrs. Mae Stewart Thompson is
soliciting contributions for its
maintainence.
The camp is located near High
land Beach, Md, and is named
for the deceased daughter Of DR..
Emmett j. Scott, secretary Of Ho-
ward University.
The Washington times., 1934-05-23
Baltimore SLUin1nler
Has NnrrOLD ESc1pe

BALTIMORE, May 23-YeSter'
days high temperatures were SO
attractive to swimmers that a Sec
ond death from drowning was
narrowly averted.
Miss Lanny Bryant, IT, was
rescued by fellow swimmers when
she became exhausted while swim
ming in the Patapsco River. She
was treated at the Baltimore Gen
eral Hospital and at her home
The heat wave was in its second
day. On the first day a 17.year'
old youth was drowned In the
PatapSco.
The Washington times., 1934-05-23
Exchange to Admit
Lead and Zinc Trade

BY International News Service
A favorable ballot on the pro-
posal to trade in lead and zinc
contracts on the commodity ex-
change is forecast at the meeting
scheduled for May %, and actual
trading will probably be inaugur-
ated about July /. Trading will
be in units of 80 tons as COM
pared with Is for copper. A ten
tative list of rules for trading
drawn up by the committee in
charge, further argues the likeli-
hood of acceptance.
The Washington times., 1934-05-23
Committee to Study
CaLLinq Preferred

The board Of directors Of tai
First National Stores. Inc, hai
asked the executive committee Il
consider the advisability Of cell
ing some part or all Of the frs
preferred stock of the corporation
This is a $5,00o,oO0 7 per cent pal
issue, Of which 1875 shares arr
held in the treasury. The stock !
redeemable as a whole or in par
on 80 days notice at $1l0 o ShAr
and accrued dividends.
The Washington times., 1934-05-23

niversary jubilee.
William 8. Quinter, president
Of the District Building and Loan
Association: c. Clinton James
chairman Of the Federal legisla
tive committee Of the United
States Building and Loan League;
John H. Clipper, director Of the
Washington Permanent Building
and Loan Association; Hicks Fal
lin. assistant general manager OF
the Federal Home Loan Bank
Board; Frank A. Chase, director
Of field service of the Home Loan
Bank Board, and Carl j. Berg
mann. treasurer of the Washing
ton Permanent Association, were
al there.
Altogether there were more than
200 building and loan association
executives present at the meeting.
That was better than average
attendance because 13 States in
the group area were represented.
Mostly they discussed plans for
increasing home financing facil.
ities for this section Of the coun.
try.
A resolution favoring a Federal
plan for the insurance Of building
and loan association investments,
designed to increase the flow of
money into the nome financing
field, was the most interesting
feature Of the entire meeting, &C.
eording to local delegates.
But they gave serious consid-
Grafton to another important
phase Of building loan operation.
They passed resolution which
will put the section in favor Of the
United States Building and Loan
League sponsoring q nationwide
advertising campaign.
These gentlemen know that Ell.
bert Hubbard was right when he
said that if a man builds a good
mousetrap, the world will tread a
beaten path to his door.
But they also know that the
world must be told about the good
mousetrap.
Carl Bergman, Washington
building-loan official, was elected
second vice president Of the con-
ference.
Hillman Willis, whose father is
one Of the best builders in the
city. lends helping hand in the
firm wherever he might be
needed.
Not only can Hillman handle
the labor required to conduct
the apartment managements OF
his firm, but If a little outside
job which calls for a well figured
contract turns up, Hillman can
handle that profitably also. In
fact, the extra money comes in
quite handily at this time, since
Hillman has been married for
several months now and his
yacht, just put in commission
for the summer, also exacts GER
tain expenses.
The Washington times., 1934-05-23
CHICAGO

CHICAGO. May %. (I.Ns.).-Butter-
Receipts, 1929 tubs; unsettled; old cars,
s; new, Is; creamery, extras, 23Ac;
standards. 23hc; extra firsts, 22A q 23c;
firsts. 22@22Ac; seconds, 21c; specials,
EggrReceipts 2s,55s cases: easy: old
cars, 81; new, 30 current receipts, 139
1870: fresh extra firsts, less than cars,
15c; cars, 15hc; fresh firsts, less than
cars. 14hc; cars. 14% 915c; dirties and
checks, 11h @12hc.
Cheese-Twins, 1s@1sNc: daisies. 1S1s
@13%c; longhorns and prints, 1914 q
13Ac.
The Washington times., 1934-05-23
AtchisOn Topeka
LOddings Decline
By International NeWa serrica

BY InteFnatiOnaI News Service
Atchison, Topeka & Santa Fe
railroad, the first to report, showed
a slight decline in it's traffic last
week. Loadings were 22,674 cars
compared with 22,8O1 the week be-
fore and 21,560 a year ago.
Chesapeake & Ohio loadings on
its own lines last week decreased
to 17.7 per cent above 1888 from
17.9 per cent the week before.
Total loadings were 29,472 cars,
against 29,309 in the previous
week and 25,033 a year ago.
The Washington times., 1934-05-23
NeW Life Insurance
Sales Rise For Year
BY International News Service

BY International News Service
Life insurance sales in tha
United States during the Il
months ended April 80 exceeded
a year ago by / per cent, the first
time since October, 1880, that Z
12-month total has higher than
for the preceding period the lift
insurance sales research buread
reported today. Sales for the
first four months Of this veal
were IA. per cent above the lik(
1888 period.
The Washington times., 1934-05-23
BUFFALO

EAST BUFFALO, n. z. May 20
G.N.SO Livestock Hogs: Receipts,
1900; holdovers, ESQ: market fairly ac-
tive. Generally steady desirable, 16O-25o
onay 53ed Setfer ots
lbs, $S.50@4; pigs and unfinished under
weights, $2.75@3.25.
Cattle-Receipts, 175. Comon grass
bulls steady; fleshy cows, $3.5O@3.75;
cutter grades. $1.7592.S5; medium bulls,
1925 9S.4O: common lightweights, $2.75
@3.
Calves-Receipts, $50; vealers un-
changed; good to choice, mainly 81; COM
mon and medium, $4.25 q $50.
Sheep-Receipts, 200; old crop lambs
quoted steady; medium to near choice,
The Washington times., 1934-05-23
Food Prices U
I Per Cent

The Bureau of Labor Sta
tistics index of retail food
prices advanced 8 of l per
cent for the two weeks ended
May 8.
The bureaus index showed
a rise, following a six-weeks'
recession in retail food prices,
and placed the current average
at 1882 per cent of the 1913
average, as compared with 1913
per cent on April 10 and 1850
on March 27s
The Washington times., 1934-05-23

from al reports.
The Spartan
burg people are
8 o m e W h q t
I'D Of the
building -loa n
business Of the
country. They
think it sort Of
belongs to them
because that is
where the idea
originated back
about q hun
dred years ago
and the annual
8 o u t heastern
g group confer
anna ~o0 ~ khs
The Washington times., 1934-05-23
NEW YORK WOOL

NEW YORK, May % t1.N.sD.-Wool.
dull and easy, domestic fleece, un-
washed, Ohio and Pennsylvania' 2S @
35c.: domestic pulled. secured basis IS
a 97c,: domestic Texas, clean basis, 6S
@S5c.; domestic territory, clean basis,
"a