davidaulloa/AmericanStories huggingface dataset:
Evening star., 1937-09-23
''Quo Warranto" Action
Would Settle Black Case

To the Editor of The Star:
There has been much speculation over
the appointment of Senator Black to
the Supreme Court. Suggestions have
been offered as to some possible relief
with view of testing the validity of
the appointment and of his eligibility
to act as a member of the high court.
1t is the peak of folly to say that a
litigant could object to the justice taking
part in the decision of his case. The
logic of this is that any litigant could
object to any particular justice acting
in his proceedings or passing upon his
case
Senator Black was named for the ex-
alted position by the President. The
nomination was approved by Senate
willing to truckle to the lash of master,
aided by the excuse of senatorial
courtesy Accordingly Mr.. Justice Black
is now member of the Supreme Court
and that court unlike the two houses of
Congress, is not the judge of the "elec-
tions, returns, or qualifications" of its
members. 1t is inconceivable that the
court inherently has the power apart
from any external proceedings to pass
upon the regularity, eligibility, or valid
ity of the appointment of one of its
members.
1t seems equally true that there can
be no collateral attack on an appoint
ment duly made in the prescribed
manner
Impeachment is always a remedy for
improper conduct of an officer, but such
proceedings must be for improper con-
duct 'in Office"
There is remedy available to open the
entire controversy and have all the ques-
tions settled; this can be done by pro-
ceeding in quo warranto." This is
writ calling upon person to show how
or why. or by what warrant he exercises
a public Office. Every question OF the
legality, eligibility, or regularity OF Mr..
Blacks appointment would be open for
review and settlement. The writ would
tender for decision the more important
question of whether or not there was
vacancy on the Supreme Bench. This
is the important point in the entire con-
troversy and one that should be settled
without delay. Other appointments may
follow soon and the same question arise.
Some very distinguished persons argue
with legal logic that no vacancy did
actually exist and there was none to be
filled. If this view should prove to be
correct the court would be composed
of members appointed without authority
of law In this manner solely, 1t is be-
lieved, that all controverted questions
could be raised and settled, and in proper
proceedings In the various courts the
questions could reach the highest court
for hnal determination and settlement.
J. w. THOMPSON.
Evening star., 1937-09-23
STARS, MEN AND ATOMS
Notebook of Science Progress in Field,
Laboratory and Study.
BY THOMAS X. HENRY.

don. In some respects it. resembled q
bear, but DR.. Simpson stresses. can by
no means be considered ancestral to the
true bears. which we're derived from the
dogs millions of years later. 1t repre-
sented movement in a bear-ward di-
rection from the general carnivore stock
The line of claenodon became extinct in
the next geological period. Here also
are found fragments of the f1esh-eating
creatures. from close relatives of which
arose the minks, weasels, etc.
In these Crazy Mountain beds may
also be found traces of the earliest be-
ginnings of the great family of animals
now represented by horses. cattle, deer,
bison, etc Nothing" DR.. Simpson says
in another publication, makes the
enormous time which has elapsed more
real and impressive than the fact that
the carnivores and ungulates, so obvi-
ously and greatly distinct now, were
almost indistinguishable in the lower
paleocene."
Evening star., 1937-09-23
Greed for Gain Must Not
Again Entangle America
To the Editor Of The Star:

To the Editor Of The Star:
When We consider the inflammatory
quality of power-crazed minds such as
now dominates the Japanese nation, the
Presldent's recent decision to limit the
export OF war materials to Asiatic waters
can only call for commendation. It is a
timely step to prevent the repetition of
what now goes on in the Mediterranean
Sea.
For over year the European nations,
and the United States, too have enjoyed
the profits resulting from the sale of war
supplies to Spain. But the sudden de-
csion OF the European powers to estab-
lish wartime patrol of the Mediter-
ranean Sea leaves our nation in the
peculiar position of enjoying huge profits
in the traffic in arms without incurring
the expense and risk of naval patrol
such as is now Jointly established by
Britain and France.
Now we know that war is imminent in
Europe and that the conquest of Spain
is the first step aimed at the dismember-
ment of the British Empire And If we
known this and hope to share only in
the profits in war without sharing it's
horrors then we are stalking blindly into
trap.
We must forego our profits if we would
escape the entanglements that must
surely lead us to the brink of war. This
is not case Of saving democracy again.
1t is merely war of expansion and of
colonial conquest. And of such we are
through. We are yielding our colonies
rather than adding to them. Britain can
do no less
In 1917 we saw the final result of what
men called armed neutrality. We sent
our ships on the high seas and in mill
tary zones with warning to belligerents
that neutral rights we're sacred. These
sacred neutral rights we later saw were
the rights to trade with the most DOW
erful nation, such as could demonstrate
the success of blockade Our vessels,
becoming the target of seizure and of
submarines, finally led us to commit
ourselves to policy entirely satisfactory
to England and France We must not
repeat our mistake. Armed neutrality
does not pay. And it is to be doubted if
the establishment of successful Asiatic
blockade entirely establishes a prior
claim upon the goods of a neutral. If a
blockade is successful it is SO only by
means OF force and it remains to be seen
If we cannot likewise deny the victor
our trade as we'll as the victim.
Onr President has taken the first step
in good faith. Our greed for gain must
not entangle us again
j. L. TURNER.
Evening star., 1937-09-23

birds, thirty crates Of reptiles and about
score Of hoofed creatures, including
four giraffes, an African buffalo, blue
sheep from China, goat antelope and
a barking deer. The collection repre-
sents distinctively valuable expansion
of the National Geological Park.
And, naturally enough, each accession
is a story. For example, Harry, seven
month-old tiger, has been the particular
charge of Mrs. Mann, who nursed him
through an illness with all the tenderness
that she would have shown toward an
infant child. Again, a pair of black
leopards symbolic the generous CO.
operation of the Maharajah of Johore,
with whom the director conferred with
the assistance of Dutch and Malayan
translators. The birds have been the
responsibility of Malcom Davis the
snakes that of Roy Jenier.
Unloaded at New York, the Silverash's
cargo will be brought to the Capital by
truck. Within fortnight the new in
habitants should be comfortably estab-
lished at the Zoo, available to be in
spected by crowds of people who will
appreciate the opportunity. Science and
education have been served by the expe-
dition, and the public owes debt of
gratitude to the Smithsonian Institution
and the National Geographic Society for
their sponsorship of it. The major credit
for its management is due to DR.. Mann,
and Washington welcomes him home
with pleasure enhanced by recognition
of his success.
Evening star., 1937-09-23
THIS AND THAT
BY CHARLES E. TRACEWELL.

can become woefully entangled with the
best will in the world
1t is best to have this all attended to
in advance.
The film need not be rolled completely
around--in fact, it is better that it be
not, but that it is all ready to be rolled.
This will mean that there is still
plenty of paper around it,
A few twists of the key and the first
negative surface is in position. This
will not take enough time to slow up
any taking.
The camera, when so loaded, is best
kept in its case.
These measures are applicable to the
great average amateur, the man or
woman, boy or girl, who takes pictures
only now and then.
There will be many days pass between
one batch of negatives and the next.
Every one knows how this is.
One starts out on picture-taking
expedition.
Several rolls of film are used. They
are sent, in most cases, to the finishers.
The negative and finished prints come
back.
There is happy anticipation in OPEN
ing the envelope, in seeing what one
got. in deploring the poor shots and
felicitating ones self upon the good ones.
This Is photography, as known to most
persons
1t is not professional, and it is not
meant to be. but just good fun.
Often such amateurs take surprisingly
good pictures. however.
With modern film, and the wide
latitude they permit, the strict amateur
often takes good photographs which
make fine engagements.
He cannot get these pictures, how
ever. If he finds himself without a film
at the critical moment.
Rolls today will last for many months
in good condition. and take as good pic
lures at the end of their period as at the
beginning
The latitude is amazing Interior time
exposures may range, with an ordinary
camera. from eight to fourteen seconds
with all negatives giving good results.
Many years of scientific work have
gone into giving these results. which are
not based on the belief that the amateur
is fool. but that he has neither the
equipment nor desire to fool around with
very critical lenses or films.
What he is after is an average good
photograph, which may be secured with
most of the medium priced cameras on
the market today. 1t is still the belief
of many amateurs that it is better to
have such equipment, and take more
pictures. than to own such an expensive
camera that one is afraid to use it.
Every now and then an occasion will
arise in which the amateur wishes he
had camera, or if he has an unloaded
one, that he had kept it loaded. 1t is
always best to keep the box in which the
film comes. because it has stamped on
it the date on which it theoretically
runs out.
Evening star., 1937-09-23

times inexorable. In the eyes OF Re-
publican progressives, Mr.. Hilles has
been the very mirror of conservatism.
They found him, however, always where
they expected to find him and when he
made an agreement, he stuck to it.
No other member of the party's ma
tional organization has been the target
for more brickbats, hurled by the pro-
greSsives, than has Mr.. Hilles. To them
he has personified control by the "in-
terests," by the privileged and the
wealthy. The brickbats, however heavy,
never included personal reflections upon
the New York committeeman. Even by
his enemies he has been placed upon
pedestal.
The retirement of Mr.. Hilles from the
G. O. P. National Committee, more than
the retirement of any other member,
gives the impression that a new picture
is being unrolled, that a new group is
coming into control after a score or
more OF years. Not long ago ]. Henry
Roraback of Connecticut, member of
the national committee, died He with
Hilles were the very personification of
old guardism to the progressives in the
party.
Possibly Mr.. Hilles was tired of being
assailed. Perhaps he, himself, has come
to believe that il. the G. o. P. is to be
revived successfully it must present a
new front to the country, with changed
personnel in the national committee.
The reason he gave, however is that he
has served long time and that now
he desires to give his attention more
fully to his own personal business.
Mr.. Hilles' successor, no matter how
progressive he may be or how far re-
moved from the charges that have been
made against the retiring committee
man, will have to go far either to be as
effective or to be as highly regarded by
his colleagues as has Mr.. Hilles.
Evening star., 1937-09-23

An amateur photographer missed
wonderful shot the other morning by
not having his camera loaded.
During the night an enterprising
spider had spun web between an over
hanging branch of locust and the tip
of an althea bush.
At exactly 20 IN ray of sun darted
through the trees and fell upon the Web
No flash bulb could have lighted the
subject so perfectly.
The illumination was right from every
possible viewpoint.
The only trouble with it was that 1t
was constantly on the move.
The web was about six inches across,
every strand lighted until 1t seemed
made of wire.
The effect was SO fine that it held the
eye for full minute of admiration.
X -
why, that would make a fine pic
ture!'
Perhaps that is the difference be-
tween an amateur and a professional.
The latter would see the picture at
the first glance. At least, he should. 1t
is his business
The amateur has no such necessity.
4llS pal IlSuidl OllC oJOOQ liOICll Ill
admiration for too long a time
When he went to get his camera, he
saw that it was not loaded.
1t did not take him long to open a
box of film, take off the tinfoil and
insert the roll, but the time consumed
was too long for his picture.
When he got back, the sun had left
that particular spot.
Without it, at that time, with an
average camera, there was no chance Of
getting successful photograph.
Two needs might be deducted-a more
costly camera, with better lens, or a
constantly loaded camera.
Certainly the latter is the cheapest.
The modern urge for smaller and bet
ter cameras will have to be resisted by
many of us, who will feel that more
care and intelligence will permit as good
pictures with old equipment.
In this better care and more intelli-
gent handling of such cameras as we
own there is real need for film in place
On the shelf, or in desk drawer, is not
so good, yet that is where many a film
reposes while the moment for the best
shot passes.
y
There are constantly arising situa
tions, natural poses of children and pets
and scenes which remain only a little
while, in which ready camera is the
essence of things hoped fora good
negative. in other words, with fine prints
following.
If the camera is loaded, it may. be
focused and the shutter snapped in a
few seconds. whereas if it is necessary
to thread film into place the picture
often yanishes before it can be done
Hurry, in such matters, tends to snarl
things
Ones hands become all fingers" then,
as the old saying has it.
The film and its heavy black paper
Evening star., 1937-09-23
Shooting Stars.
BY PHILANDER JOHNSON.

Choice.
I do not choose to climb into
An aeroplane and speed,
While rising In the public view
Toward fame I do not need.
I do not choose the streets to walk,
Defying Co and Stop"
I do not t-choose to handy talk
With any traffic cop.
While I should hate to hesitate
To help this world to move,
1 do not choose to initiate
The things 1 can't approve.
AS we behold the chance increased
To gain, or else to lose,
It's mans privilege, at least.
To choose, or not to choose.
Evening star., 1937-09-23
''Impertinence.'' -

Attorney General Cummings in his
statement to the press yesterday, in
which he declared that the Department
of Justice had made no investigation of
Mr. Justice Black prior to the sending of
his name to the Senate, made use of an
expression that while adequate in denial
yet calls for some analysis. He said:
Where man has been eminent in
public life and associated for years with
the members of the Senate it would be
an act Of impertinence to investigate
his private life"
Passing the question of whether in
this case there is any difference between
the private and public life of a pros
pective justice in respect to qualification
or fitness, the Attorney Generals use of
the word 'impertinence" opens vista
of inquiry. The word has two meanings
and as bearing upon this immediate
matter they are divergent. Impertinence
in one sense means rudeness, contrary
to good manners or breeding, pre-
sumptuous or rude. But in another
sense, and that which unquestionably
bears upon the immediate matter of
possible inquiry into the qualifications
and fitness of an appointee to office, is
something quite different. In law an
impertinence is something irrelevent,
immaterial or unimportant. The Stand
ard Dictionary cites Story's Equity
Pleading" with this definition: I'M
pertinence is the introduction of any
matters into a bill, answer, or other
pleading or proceeding in a suit which
are not properly before the court for
decision, at any particular stage of the
suit"
1t would surely have been pertinent
to the matter of Mr.. Blacks qualifica-
ton for the position of associate justice
of the Supreme Court to ascertain
whether he had at any time had an
afhliation that would render him in
competent to sit in judgment with even
justice on all questions that might be
brought before him for determination.
The fact that he had been elected to
the Senate by the people of Alabama
did not itself answer such question, for
indeed potential disqualification of
that character to judicial service might
have been in fact politically a qualiflca-
ton for the Office to which he was
elected.
1t does not follow that an inquiry
made prior to appointment would have
disclosed this potential disqualification.
To be sure there was no particular
ground for that research in anything
that had been advanced in public dis
cussion. The simple fact is that the
possibility of Mr.. Blacks appointment
had not been bruited and the nominal
ton was a complete surprise to the
country. The Attorney General would
have been more satisfying in his state
ment If he had merely said that there
was no occasion to question Senator
Black as to his fitness. But if there had
been occasion there would have been no
impertinence in asking him if he had at
any time been so affiliated as to cause
doubt to arise as to his impartiality in
dealing with questions of law as men,
ber of the highest tribunal That would
indeed have been pertinent inquiry,
regardless of the immediate standing of
the prospective nominee and of the
esteem in which he was held by the
people of his own State, or by his
colleagues in the Senate.
Evening star., 1937-09-23
DIR. Mann Returning.

News of the safe arrival of Dr. William
NJ. Mann at Halifax, Nova Scotia, has
been received in Washington with en-
thusiasm. The good ship Silverash in
which he is a passenger also has on
board approximately fifteen hundred
specimens of the wild life of sixteen
different countries obtained during seven
months Of travel round the world Bills
Of lading list seventy-four crates OF ami
mails, one hundred and twelve crates Of
Evening star., 1937-09-23
Objects to Star Comment
On Performance of Cigli
To the Editor of The Star:

To the Editor of The Star:
Harry Macarthur, in reviewing Ben
ianino Gigli's debut in the picture
Forever Yours" states that "Senor
Gigli, for all his voice, cuts no romantic
figure y"
The question thereupon arises as to
whether romance of any kind is pos
sible without Robert Taylor profile.
Pro bono publico, it is well that For
ever Yours" was not Hollywood pro-
duction, for otherwise Senor Gigli
would no doubt have been forced to re-
duce or to have sung off stage while
some beardless pretty boy supplied the
romance which Mr.. Macarthur deems to
b % uecessaSys
oNpmUD 4. GRAHAM.
Evening star., 1937-09-23
Word Booklet for
School Children

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cover cost and handling.
Evening star., 1937-09-23

What Secretary Hui. says about the
future of Europe is worthy of deep at
tention 1t was not easy for this ma
tion to establish it's world relationship
$50 years ago The task equally i'm
portant today may be even greater.
Evening star., 1937-09-23

Japan will find opposition not only
from China, but from members of its
own responsible citizenship ready to
claim the rewards of industry instead of
the immediate benefits of ruthless con-
quest.
Evening star., 1937-09-23

There are moments when a leader In
New York events is compelled to forget
his local prestige and recognize the re-
sponsibility he may be called upon to
meet in connection with the ideals and
standards of a great nation.
Evening star., 1937-09-23

The American Federation of Labor
has requested an address from President
Roosevelt at the convention in Denver
on October 4. Mr.. John Lewis may
not be there in person, but thanks
to the wonders of radio, he may be
depended on as an attentive listener.
Evening star., 1937-09-23

When warning nation notifies for
elgn representatives that it is time to
move it speaks with voice of au-
thority. Diplomatic courtesies are for
gotten when a question of physical sur
vival arises.
Evening star., 1937-09-23

A question remains unanswered
Diplomacy would like to know to whom
the Mediterranean submarine belongs
that calls but refuses to leave an address.
Evening star., 1937-09-23

Whatever Lindberghs future plans
may be they evidently include a stead
fast silence as to his personal inten-
tions
Evening star., 1937-09-23

Initials are still used to designate au-
thority and services expected. Even
the old K. K. K. comes back again with
reminders Of dues if not of obligations
Evening star., 1937-09-23
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Evening star., 1937-09-23
VaIueIess Accumulation.

The theories that men have found
Create in thought wondrous store;
And yet we still go cropping round,
Just as the household we explore.
AS time flies on, with rapid ease,
1t leaves us an abundant stock
OF plain and ornamental keys
Which do not At any lock.
mo workin' men watches de clock
any more" said Uncle Ebeu. "Dsy aI
carries wrist watches"
Evening star., 1937-09-23
Impatience.

Are you impatient to get back to
Washington, D. CO"
NO" answered Senator Sorghum.
What I want is to persuade my con-
stituents to grow impatient to see me
again helping to save the country"
Jud Tunkins says riches have wings,
but they don't always have q scientific
pilot when they fly.
Evening star., 1937-09-23
Social Oratory.

And many a man who says his choice
Is to uplift humanity
Is simply one who lifts his voice
With musicians vanity.
Evening star., 1937-09-23
The Difficulty.

whats the difficulty about farm
relief?"
The fact" answered Former Corn
tossel, that most f1nanciers don't know
any more about farming than farmers
know about finance"
Evening star., 1937-09-23

"They who make great dreams come
true" said Hi Ho, the sage Of China
town, "are careful not to oversleep them
selves"
Evening star., 1937-09-23
Night Final Edition.

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Evening star., 1937-09-23
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Evening star., 1937-09-23
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