, 1935-05-06

The legal in the public mind.
The governments s a ! s les
strengthen that impression. Its or
iginal attempt 10 indict the former
secretary OF the treasury. It's move
TO submit apparently privileged cor
reSpondence and Secretary Morgen-
thau's demand that the case be
tried on the basis Of common busl-
ness honesty" appear to be extra
legal moves. Meanwhile, with the
skilful Frank Hogan picturing his
client as a modern Maecenas, Mr..
Mellon is Outmaneuvering the New
Dealers. Hogan, who successfully
defended Doheny. is doing a swell
job Of rehabilitation.
Straddle - There Is an even more
fascinating legal aspect W this ia
nous case. Until the Roosefelt re-
formers revamped the law after the
disclosure that many Morgan part
ners had paid no taxes, sales such
as Mr.. Mellon made possessed the
shadow OF a legality. They compli-
ed with the statutory forms and
ceremonies.
But the Board Of Tax Appeals Is
split wide open On this question. "A
strongly dissenting group maintains
that compliance with the forms and
ceremonies Is sufficient 70 legalize
deliberate tax avoidance. Another
group insists that there Is a high
er law" that there must be COM
pliance with the spirit as well as
the word.
Ernest II. FosSan. who presides at
the Mellon trial. has sided with the
spiritual group in these divisions.
Yet he Is holding testimony In the
Mellon matter 70 the strictly legal
line. Figure that one out.
Learning - The government has
been a loser In most OF the impor-
tant trials which, for one reason or
another, had q political cast, re-
gardleSs Of the official desire TO
prosecute them as impersonal, legal
affairs. Despite able preparation
and distinguished counsel, 1t has
been defeated IN its attacks upon
pre-New Deal figures In the fields
Of finance, utilities and bo~otlegging.
II has lost because 1t does not
reckon with intangible psychology
cal factors. II could not convict
Charles z. Mitchell because this
dynamic banker typified the spirit
OF his jurors in the day Of their
profits and grandeur. II could not
convict Samuel insult becaUls It's
KIDNAPPING Of him In Greece won
public sympathy Tor the defendant
IL lost its case against Dutch"
Schultz, the most notorious beer ba-
ron OF prohibition days. because II
permitted high-powered New York
lawyers TO try their stuff on an up
state jury, and five Iurymen resent
ed their tactics.
They are going TO try Mr.. insult
and Dutch" Schultz again. But
they won't repeat these mistakes
again 4 they can help Il.
Program - Most OF this excite
ment about the affront to Canada
through publication OF the War De-
partment'S desire for air bases on
the boundary line is stage play. But
it's good stage play in this time Of
talk Of war and rumors Of war.
What people seem TO miss 10 the
fact that III war plans would not
have been revealed before a con-
~greSSional committee II II had been
known that the disclosure was 10
have been made public. Apparent
" 1t Is all right to make the plans
but II Is a major diplomatic blunder
Tor them 70 become known. There
fore the Secretary Of War and the
President had to offer public apol-
ogieS.
Take it all with plenty Of ssltl
Canada knows that the United
States. like every other nation, has
fashioned a theoretical war program
for use against even the most
friendly countries. Canada had 70
protest to placate public opinion at
home. And Mr.. Roosevelt. though
he Is building up the largest army
and navy In our history. had TO
spank Militarist McSwain to live up
70 his reputation al q good neigh.
Dor.
stubborn - Rex Tlgwell. heading
the Rural Resettlement Division Of
the $4,000. 900 1000 adventure. may be
able TO lay dust. But he can't place
people and shove them around the
countryside. He will have to change
human nature first.
These movements to shift popula-
ton have failed so far. The squat
tiers who were chased out Of the
Smoky Mountains are returning TO
their shackS and battling CCC evic-
tors. Dakotans protest bitterly
against proposals 70 move them TO
greener land. II Is freely predicted
that middle-west emigrants TO Alas
ka will be returning by the next ship.
Even Secretary 1ckes bets on that,
although he was cverruled In Sc
cret conference.
Home. Sweet Home Is stili q
more popular tune than Happy
Days Are Here Again
Hazards - The Presidents belat-
ed announcement that his plan for
~sllocating funds for local projects
has upset members of the Mayors
Conference. II leaves them less ca
ger TO ask for federal money for
bridges. sewers. Stun clearance pro.
jects. etc.
Although MI. Roosevelt's general
objective Is completion Of such pro.
jects within a year. the federal gov.
eminent VIII not assume regpon-
sibility for financial obligations be-
yond that period. u I'll the federal
money Is spent by that time the To-
cal communities must bear the rest
Of the burden.
This may mean that the federal
government win turn over to local