davidaulloa/AmericanStories huggingface dataset:
Evening star., 1935-08-27

decision OF the Circuit Court of
Appeals is reviewed and reversed in
this proceeding.
1.-The Tennessee Valley Authority
has reported applications for extension
of the plan to more than 200 mu-
inequalities. 1t has publicly and bit
terly resented this judicial test.
1.-THE program Involves grave con-
stitutional questions, grave loss of
tax revenue to the States and their
subdivisions and to the Federal Gov
ernment and revolutionary transi-
ton of utility function from State
control and personnel to Federal in
vestment and operation or control"
Should the decision Of the Circuit
Court of Appeals be sustained, there
would be no discernible limitation
upon the power of the Federal Gov
ernment to engage In commercial en-
terprises in State domain. under the
guise of disposing Of war plants, or
cultivating, growing, mining and
thereupon processing, refining or
converting Government property into
ultimate products with view to COM
mercial sale in competition with citi-
zens In State domain.
"The precedent necessarily would
sustain the authority of the (FederaD
Government, not merely to regulate
local industry by Federal competi-.
ton, but to dominate and monopolize
Evening star., 1935-08-27

the, noted prisoner Is serving q life
sentence.
The justice, John w. Preston, re-
tires October / to take a post as
special counsel for the United States
In Elk Hills oil litigation and gave
that as his reason for expressing an
opinion.
MY views now are materially the
same as 18 years ago, when wrote
It. w. Gregory, then United States
Attorney General, while I was dis
trict attorney here" said Judge Pres
ton.
II wrote Gregory: The odds are
10 to 6 that Mooney is guilty and
." fully capable Of the offense. u"
Judge Preston said he recommend
ed at the time, however, a new trial
for Mooney because OF the shade Of
doubt present.
Attorneys for Mooney now are In
the East obtaining dispositions Of
witnesses to substantiate their claim
Evening star., 1935-08-27

spondents are not in q position to OBJ
ject to the expenditure of funds ap-
propriated by Congress for the pur-
poses of the agricultural adjustment
act.
Ninth. failing to hold that the
A. A. A. tax provisions constitute a
valid exercise of the taxing power.
Tenth, failing to hold that the taxes
are levied pursuant to congressional
powers.
Eleventh, failing to hold that the
Federal claim for cotton processing
and floor stocks taxes under the
A. A. A. was valid claim, and failing
to order that such claim should be
allowed and paid.
The T. v. A. attack is aimed at what
is denounced as an attempt of the
Federal Government to enter into
business in competition with private
enterprise.
Speedy Ruling Expected.
Private incentive will be destroyed
and business eventually will pass under
Federal control, the petition contends,
if plants erected for legitimate war
purposes, as that at Muscle Shoals,
Ala. and works to improve navigation,
as the Wilson Dam located there, can
be used by the Government for, COM
mercial manufacture and sale of COM
modities which possibly may be pro-
duced on such property.
The court plans to expedite the
oral arguments in all New Deal cases
and speed final decision.
1t already has been called upon to
determine, at the October term, the
validity Of the ginning tax imposed
by the Bankhead cotton control act,
the tax being intended to raise funds,
along with the processing tax, to COM
pensate cotton planters for producing
restricted crops; and a case from
Kansas to challenge the validity of
donations and loans under P. w. A.
to enable municipalities to erect pow
er plants and acquire or provide their
own distribution systems.
Guffey Law May Be Attacked.
Notice also has been given that
the court will be asked to pass on
the validity of the processing tax.
An appeal in the Hoosic Mills case
may be filed today.
Rumors are current that a move
is under way to contest the Guf-
fey bituminous coal regulation law
in lower courts Immediately, for quick
presentation to the Supreme Court.
Other enactments expected to be chal-
lenged include the Wagner labor. So
cial security laws and others.
The T. v. A. petition, in printed
form for presentation, aSSails the
validity of the T. v. A. activities
on ground that these will result in
establishment of a region wide, per-
manent utility network-a type of
business contended not to be within
| the Federal function.
1t protests against Government
Evening star., 1935-08-27
UNJUST CENSOR|NG
CHARGED TO WLW
Civil Liberties Union De-
cIares Strike News Broad
casts Are Banned.
BY the Associated Press.


NEW YORK, August 27.-The
American Civil Liberties Union an
nounced today that it had dispatched
a letter to Powell Crosley, jr., owner
and operator of radio Station WLW
at Cincinnati, charging him with "un-
justifiable censorship" in laying down
what the union said was "a blanket
prohibition against the broadcaSting
of any strike news
The union also announced it had
forwarded all data in the case to the
Federal Communications Commission
to Representative William P. Connery
of the House Committee on Labor, to
Representative Joseph P. Monaghan,
the sponsor of a bill to nationalize
radio, and to President William Green
of the American Federation of Labor
Two orders alleged to have been
issued to employees of Station WLW
last Spring, banning any reference to
strikes, including students strikes and
school walkoutS, we're quoted by the
union.
Evening star., 1935-08-27

the production, manufacture, distribu-
ton and sale Of every principal COM
modify and every substantial utility
service heretofore considered as held
open to citizens by the Constitution.
"Acquiescence in the contention Of
the Tennessee Valley Authority
as to the power of Congress would
vest in Congress, by majority of a
quorum, authority to change the form
and functions of the Federal Govern.
ment and the industrial organization
of the American people"
In asking review of the Hoosac case
the Government cited IL errors" in
the Circuit Court decision and asked
an early hearing.
Evening star., 1935-08-27
A. A. At. V. A.
Continued From First Page.)

Continued From First Page)
President of the recently adopted
amendments to the act.
These, in the opinion of Govern
ment counsel, are pertinent to the con-
Sideration of the question of delega-
ton of legislative power.
THE Governments time for filing
the petition did not expire until Oc-
tober 13, but since the respondent
has 20 days after the filing of pc
tition within which to answer, the
early action was taken by the Gov
ernment in order to insure that the
question of certiorari would be ready
for the courts consideration when it
conveneS on October T."
The provisions challenged in this
case directly affect thousands of tax
payers, indirectly affect millions of
consumers, and involve hundreds of
millions of dollars of internal reve-
nue." the brief said.
THE agricultural adjustment act
represents the final decision of Con-
gress that Federal assistance was and
is needed to restore the normal func-
tioning of the agricultural life of the
Nation and that such restoration was
and remains vital to the halting of
the disastrous period of depression
which has threatened the country's
very structure"
Invalidity Cured"
Citing cases. the brief continues:
Furthermore, since the decision of
the court below Congress has ratified
the actions taken by the Executive
with respect to these taxes and thus
effectively cured any invalidity based
upon this ground"
The errors" which the Government
cited follow:
First holding that Congress improp-
erly delegated to the Executive, with
respect to processing and floor stocks
taxes, the power granted to it.
Second, holding that the processing
and floor stock taxes constitute an
improper exercise of power reserved to
the States, in violation Of the tenth
amendment to the Constitution.
Third, reversing the District Court
decree.
Fourth, failing to hold that the
processing and floor stock taxes are
excise taxes and not direct taxes.
Fifth, failing to hold that the proc
esSing and floor stocks taxes are uni
form throughout the United States.
General Welfare" Levy.
Sixth, failing to hold that the proc
eSsing and floor stocks taxes are not
violative of the fifth amendment to
the Constitution.
Seventh, failing to hold that the
processing and floor stocks taxes are
levied for the general welfare"
Eighth. failing to hold that the re-
Evening star., 1935-08-27
JUDGE GIVES ODDS
ON MOONEY GUILT.
Retiring California Supreme
Court Justice Admits
Shade of Doubt.
BY the Associated Press.

BY the Associated Press.
SAN FRANCISCO, August 27.-A
retiring California Supreme Court
justice quoted 10-to-6 odds today on
the guilt Of Tom Mooney in the 1915
Preparedness day bombing. for which
Evening star., 1935-08-27
FIRE Department BURNS
Help Arrives From Another City
to Extinguish Blaze.

TO Ext1ngu1sn blaze.
CALIFORNIA, Mo, August 27 Up.
"A $1,000 fire ragged yesterday, but
the California Fire Department didn't
answer a call.
1t couldn't; the fire department had
the fire.
Equipment was destroyed and the
city hall threatened before help ar
rived from Jefferson City. Origin Of
the blaze was not known.
Evening star., 1935-08-27
Woman, 104, Honored,

Councilmen Of stonehaven, Scot
land, gave 104 shillings. worth about
Is cents each, for q gift for Mrs.
Grace Card on her 104th birthday
anniversary.
Evening star., 1935-08-27

Mooney was convicted on perjured
testimony. The case comes before
the California Supreme Court soon
on q habeas corpus petition.
The Washington times., 1935-03-15

So far, it has taken a few lick
ings from the Giants but the club
has ,hustled and is showing a de-
gree of confidence it so obviously.
lacked last year.
The pitchers, for instance, feel
they're being held up better by
Jimmy Foxx behind the bat than
they were by Frank Hayes and
Charley Berry in 1884. The ad-
visibility of making a catcher out
of Foxx at this late date is still
open to question. He may get
hurt. He may not hit as well with
the added responsibility Of run
ming the game down there under
the bat. He may not even play
as often when the hot days Of
August begin to get to him. But
as far as the pitchers are con-
cerned everything is just splendid.
They like FoXX, whereas last year
the catching was handled by a
schoolboy and a veteran who
never quite has convinced anybody
that he belongs.
Playing Foxx behind the bat is
only the second biggest gamble
Mr.. Mack is taking in this train
ing camp. The first is gentle.
man named Alex Hooks, up from
Tulsa, on first base. Hooks will
have to hit .290 or better to JUS
tify his existence.
I should say, in fact, that this
The Washington times., 1935-03-15

Young man can and will deter.
mine whether the Philadelphia
Athletics are to be ball team or
lust another set Of stuffed shirts.
The rest of the "if" situation runs
something like this:
/. If Foxx doesn't get hurt,
doesn't miss too many games in
hot weather and doesn't hit worse
than $50.
2. If Bob johnson and Ed Cole
man, the outfielders, can contrive
to remain in playing condition.
johnson hit 26 rome runs through
the first half of the season and
then ceased very abruptly. He
has a physical condition" clause
in his contract.
8. If the pitchers, Marcum,
Cain, Dietrich, Mahaffey and Cas-
carella, get away to winning
start and thus get to feeling that
maybe they're a little better than
they had previously suspected.
"Cain alone lost six games by
one run last year." Mr.. Mack
pointed out. "Those six games
meant the difference between q
place in the pennant race and
the second division. These
pitchers of mine can either be
great or awful. It's up to them"
incidentally, Mr.. Mack thinks
very we'll of Charley Lieber, a
right-hander from the San Fran
The Washington times., 1935-03-15
Pickups and
PutOutS
BY GEORGE A. SIMPSON


Press Of business will prevent
Mike Lynch from taking part In
next months annual Boston
A. A. Patriots Day marathon.
Jimmy Montague will be the
only entrant from this city.
VOL will broadcast tOnights
Carnera-Imp bout at 9:45 o'clock,
with Sam Taub at the "mike"
:. Frank r. Smith, Times city
editor, has been betting horse
carrying his namesake. but
hasn't collected a penny on his
investments yet 7 o m m y
DOerer, sr., does a turn now and
then over VOL, his pleasing
sports stories fast gaining him
an admiring following.
The most enthusiastic basket
ball rOOter about town, Bob vii
son, will be present for tOnights
Third Corps Area championship
game between Fort Myer and
Fort Monroe in the Heurich's
gym. Dick nySOn and
Harry Helme witnessed last
nights O'MahOney- -GrObmier
wrestling match at the Audi
tOrium Jesse Burton, fullback
of the German-American Soccer
Club, was one Of the winners in
the "Play Ball" series conducted
by The Times. Bobby Stevens
Art Reynolds former George.
town u. pitcher, Bill Payne and
Dick Streets toll for the NRA'
The Washington times., 1935-03-15
RacingBiu
Is Settled,
NteNear

ANNAPOLIS, Md, March IS.
A settlement of their difficulties
with Baltimore political leaders
today led supporters Of the Multi
kin race-track bill to assert the
bill would be brought out of ways
and means committee with a
favorable report, but with amend.
mentS, today.
The first amendment would fix
the operators daily fee at $1,000,
instead of the $500 as first pro-
posed. The fee is $4,000 at present.
The second amendment would
raise the State tax on the net pro-
ceeds from IS to Is per cent.
The third amendment would
grant the Maryland racing COM
mission the power to demand that
totalizers be installed at all tracks
as they now are at Pimlico.
Opposition to the bill on the
part of Baltimore leaders has kept
it in committee and threatened to
kill it on the floor of the house If
it was brought out. Withdrawal
Of that opposition practically in
sures it's passage today. Little diff
ficulty is expected in the senate
over the bill.
The Washington times., 1935-03-15

the sudden on. H"o O"r"er"
slaught on the box office? The
obvious-and perhaps the only
answer is that these two speci-
mems of what the philosophers
humorously call homo sapiens
hold the same fascination for the
public as the freaks in a side
show.
DR.. Bill Walker, boxing COM
mission physician, who, by the
way, is slowly recovering from
that decision he lost to truck
and an auto, insists Ray is a
well-proportioned lad who merely
forgot to stop growing but that
Primo is a pituitary monstrosity.
This is a strange fight any way
you look at it. One of the
strangest things about it is that
nobody is talking of it being in
the bag. Another is that the
wise lads of the racket don't
know which Neanderthal man to
back. Therefore, the odds vary
from even money to to on
Carnera.
Everybody knows what Camera
can and can't do. Ray is the
man of mystery. Ray is un-
doubtedly the greatest fighter in
the world-in a gym. He is fast
in a gym. Punches beautifully
in a gym. Blocks like master
in a gym. But when the chips
are down-well, we shall see to-
night. The boys along the big
stem doubt Rays ticker. Said
one camp follower today:
'If that guy had q heart,
He'd flatten Primo in one heat"
Ray himself assured the writer
two days ago he would make all
those who said he had a streak
Of saffron along his spine eat
their words. Ray said:
"I'll stop Camera sure"
This highly original remark
was duplicated later by Primo.
what I get II I lOse?" Primo
asked.
The Washington times., 1935-03-15
BOWIE ACCEPTS
DAILY DOUBLE
By PADDOCK

TROPICAL PARK RACE
TRACK, Fla, March 15.-Tom
Kirby Lynch, secretary and treas
urer of the Bowie race track who
is doing missionary work here
among horsemen, was highly
pleased when informed by the
writer that Bowie will inaugurate
the "daily double" system Of
wagering, at the coming meeting
which opens April 2.
This form of wagering has long
been sought by the writer for
District and Maryland racing
fans but each year was turned
down by track officials who ex-
planned that the daily double"
system would cost too much
money and that the heavy burden
now being carried by tracks would
work a hardship.
In almost every track in the
country where mutuels is the form
of wagering they have installed
the daily double" system and
has been quite a novelty with rae
ing fans, which also has help to
swell the play in the mutuel ma
chimes,
The Washington times., 1935-03-15

request had been denied.
It is entirely possible that
Stewart will not lose any Of his
salary because of his tardy ar
rival in camp. A full month in
tervenes between today and the
opening of the championship sea-
son, and in those days Stewart
should have little trouble in
rounding into condition.
Need Work On Legs
He said he had only little
weight to take off, but he would
york on his legs. He has been
hunting all fall and winter and
expects little trouble in harden
ing his prcrs.
The opinion is prevalent among
the players that a trade will be
made with some club in which
Stewart and perhaps one other
veteran and one of the more pro-
missing youngsters will shuttle
along to another club and an es-
tablished hurler will come here.
Nothing could be pried out of the
The Washington times., 1935-03-15

The answer to that one IS
easy. If he loses he'll be all
washed up like the Dionne babies
laundry. He'll also have plenty
of time to fight the love-balm
suit that English girl is still pes
tering him with.
If these lads step out and
throw leather we may see one OF
the most sensational fights on
record but if they maui and hug,
it will be the saddest spectacle
ever seen in a ring.
Ray has everything to gain and
nothing but time to lose. Primo
has everything to lose and moth
ing to gain. And that girl will
still be waiting with lawyers all
over the place.
There is no love interest in
Rays life but-this will Slay
you-the Garden matchmaker
tells me he's good to his mother.
Don't fight promoters think up
the most original ideas?
Anyway, we'll all be there
hoping to see one Of these 26O.
pound ham donnies bouncing off
the deck.
The Washington times., 1935-03-15

tight-lipped Griffith on this mat.
ter.
Willing To Trade
However, he was willing to
trade for Stewart with the latter
initiating all deals. His gesture
was the bunk, for he knew no club
would dicker direct with the
pitcher.
Now, however, since Stewart is
in camp and working toward con-
dition, the picture is somewhat
different. In fact, its entirely diff
ferent. If Griffith were to initiate
trade, the club owners might be
entirely willing to do business. So
perhaps the hunch of the ball
players is right.
Stewart last year won games
and lost II. He allowed 403 runs
per nine-inning ga ne and pitched
152 innings in "a ball games. He
was on the hill a fraction more
than six innings per game and al
lowed 1874 hits were cashed for "a
runs, 68 of which were earned.
The Washington times., 1935-03-15

fielders in camp and all of them
are good, Charley English and
Bob Fausett, from Galveston;
and Lamar Newsome, from Tulsa.
However, they're 1913, ball players.
The outfield ought to be great
but winds up being merely or
dinary for obvious reasons. The
one man who stands up is Roger
Cramer in centerfield. The other
two, Coleman and johnson, can
be as good as they want to be.
For some reason, they don't want
to be.
Lou Finney, supposed to be
great-and in missing greatness,
failing to be even adequate-is
the extra man. He may be
beaten out of his job by Wallace
Moses, another Galveston pur'
chase. Moses looks like he will
hit. For some reason. Finney
doesn't.
The Washington times., 1935-03-15
MACK FINDS JIMMY FOXX'S CATCHING
INST|LLS CONFIDENCE IN AS HURLERS

cisco Missions. He expects to pitch
Lieber in lot of games this year;
also Vernon Wilshere, a left
handler who won 18 out of 10
Big Ten games for Indiana and
then pitched extraordinarily well
for the Athletics last year.
In other words, Grove, Earn
shaw and Walberg have been sold,
but the tradition of Philadelphia
pitching is still being carried on.
The left side of the infield
is sound, with Frank Higgins at
third base and Eric McNair at
The Washington times., 1935-03-15

Ralph McElvenny, Tom Mangan
and Bub Markey expect to EN-.
bellish all local events, starting
with the city Of Washington.
through the District, the Public
Parks, the Washington Grove and
winding up with the second Army
and Navy Club affair in late Sep
tember.
Some will see action in city's
two major closed events, the Capt.
tai City Leagues and Govern
ment Employees tournament.
Mitchell, who until Welsh de-
throned him last year, was the
king of local netdom, is casting
eyes on his former laurels and
plans to put up a stiff scrap to
regain them.
Hunt Gallivanting
Markey, the sensation of several
seasons ago, but forced to take a
back seat for the past few years
because Of business pressure, ex-
poets to have more time to devote
to tennis during the coming cam
paign.
Gilbert Hunt, the local boy who
is attracting national attention,
will be the only "big shot" who
will not appear in most of the
local presentations. However, he
is not likely to be missing from
the District entry list.
The Washington times., 1935-03-15

claring that his hitting would
not win as many games as his
meager fielding lost.
Ignored Easy Chance
The smouldering dissension
reached a dangerous point in
Boston one day on which Ruth
failed to run to his left for a
chance that all hands agreed
a rookie could have fielded
easily. The omission cost the
Yanks a game and it took all
Mccarthy had to prevent an
open break that night in camp.
Last year Ruth took no orders
from Joe Mccarthy. The Babe
was his own boss. He left a
game when he chose.
Mccarthy retained a cool
head throughout. While he was
aware of Ruth's managerial am
bitionS, he could not make any
gesture which would show he
was fighting for his mob. He
was man enough to hold the
youngsters in check and let that
greatest of all healerS, time,
alleviate the hot lid on which
he was sitting.
Ziz and Eat
Out at the D. c. Jail they
are in need Of boxing gloves
for their athletic nightS-Clark
Griffith and Connie Mack are
against their teams travelling
in air-conditioned cars-they
claim it is too easy to catch
cold on detraining. first base
seems to be the haven for aging
stars of the diamond-if Ruth
and Hornsby are examples. =.
too, while Zeke Bonura was
holding out on the White Sox,
'ol Mule Mas, 'ol Glenn Wright
and 'ol Jimmy Dykes took
turns at the first bag-George
Selkirk, a Canadian.born ball
player, seems to have the in
side track on the job Babe
Ruth vacated in the Yankee
outfield. Bill MCGOWAN, Wash
ington umpire, is champ
ing at the bit for the season
to open-says time hangs
heavily on his hands during
the off season. Panther hunt
ing has become quite the fad
among visitors to the cypress
Swamps OF Florida-it's the
last stronghold east Of the
Rockies for the deer-killing
cat. Col. e. r. "One-Two"
Bradley need not fret because
didn't name Black Helen for
the Kentucky Derby, because
he has two others, Boxthron
and Big Gawk, nominated
therefor and reports from Idle
Hour Farm about both are en-
couraging.
The Washington times., 1935-03-15


He is here as the part owner
and full manager of a Phila-
delphia ball club that can be very
good or very bad and even both,
it being an outfit that has pitch
ing, hitting and infield defense
but no abiding belief in it's des-
tiny. 1t frankly quit on itself last
year when it got away to bad
start. It was coming on with a
great rush when the season
ended.
"I'm telling them that they're
as good as anybody in the
league" MIR. Mack cOnfided to-
day. I'm the first place, they
need plenty Of encouragement.
In the second, the statement is
absolutely true. This isn't as
good a club as my champions
of a few years ago. But it can
be.
eff I can only convince them
that they can win, they may get
away in front and forget to
STOP"
The Washington times., 1935-03-15
BOWLING TONIGHT

NAVY YARD LEAGUE-Misc. No. 2
VS.. C. & p, Torp. T. No. vs.. Bdmt.
No. 2, Sight No. 2 VS.. Bdmt. No. 1,
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No. VS.. Phys. Lab. Sight No. VS..
Tool, West vs.. Mine Lab. B. NJ. VS..
Lucky Strike.
NATIONAL CAPITAL LEAGUE-Heu-
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VS.. Book of Washington. Sholrs Cafe
VS.. Lucky Strike-At Lucky Strike.
CHEVROLET LEAGUE-G. M. A. C.
Nicholson, r. L. Taylor VS.. Stohlman,
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AT Columbia.
I. G. O. LEAGUE-Mails & Files ~.
Valuation, Examiners vs.. Traffic. Serv-