The midland journal. (Rising Sun, Md.) 1885-1947, 1937-09-03
Declared or Not, IFS War


habitants and it's environs are a
scene of destruction, terror, flames
and death on a mass scale the hor-
ror of which is unthinkable.
Thousands upon thousands of ci-
villains lie dead, dying and wounded,
and the toll increases day after day.
No estimate has even been attempt
ed to determine the amount of cas-
ualties among the Chinese and jap
anese fighting forces. Indeed such
an estimate today might be woefully
inadequate tomorrow, for reports
tell of whole brigades being shot or
blown to bits in a single encounter.
Square mile after square mile, es-
pecially in the native Chapel dis
trict, has been Quilted by fires that
rise in the wake of bombs and artil-
lery shells. Millions of men, wom-
en- and children face slower, even
more terrible death by hunger, for
who is to bring supplies from the
outlying farm fields while the whole
area is under terrific fire?
Even in the International Settle
ment life is fleeing, insecure, for
| bombs and shells drop there, too.
And with 1000, 900 refugees inside to
be fed, shops are rapidly locking
their doors to protect their wares
| from rioters.
AS this is written, the Chinese
land forces, outnumbering the jap
anese four to one, are forcing the
| invaders slowly back to the Whang-
poo in fierce ground fighting. Wheth-
err expected Japanese reinforce
ments will be able to turn the tide OF
battle is problematical. At the same
time Japanese warships-haf the
entire Japanese fleet must be in the
Whangpoo-are showering explod-
ing shells upon huge concentrations
of Chinese soldiers.
In the great aerial battle of the
war, the Chinese scored a decisive
victory, successfully turning back
scores of Japanese bombers and
fighting planes. The Marking gov
eminent reported that it had brought
down 46 Japanese planes in the first
ten days of the fighting, including 30
giant bombers, said to cost $3.50, 900
each.
Under the continual threat of
bombs, and with fires raging on all
sides, the governing council of the
International Settlement admitted
that it was unable to care for its own
ward road Jail, one of the worlds
largest. Plans were being made to
turn loose the 1000 inmates, which
included murderers, thieves and
narcotic addicts.
The Japanese were reported at
tempting to land $4,000 fresh troops
as reinforcements for the ground
forces being pounded by the Chinese.
Question Blacks Eligibility
THE senate confirmed the Presi-
i dents nomination of Sen. Hugo
L. Black of Alabama to the Supreme
court, 60 to 16, but only after
bitter fight, following which the mi
nority protested that the confrma-
ton had been railroaded through.
Six Democrats and ten Republi
cans voted against Black. The Dem
ocratic insurgents, led by Edward
r. Burke (Neb.) and Royal S. Cope
land IN. " based their objections
principally upon charges that he
was associated with the Ku Klux
Khan, and therefore untitled to sit
with the high tribunal for reasons
of racial and religious prejudice.
The Republicans, notably William
E. Borah tIdaho), argued that he
could not legally become member
of the court.
That his eligibility might be tested
before the court itself was posi-
bility when Attorney Albert Levitt,
former special assistant to Attorney
General Homer S. Cummings, filed
plea for leave to pray an order
for Black to show affirmatively why
he should be permitted to serve as
an associate justice. He raised the
same legal questions as the Repub-
lican minority had:
l. That Black could not become a
Justice because during his term as
a senator the Summers retirement
act was passed, permitting justices
to retire at full pay. The Constitu-
ton provides that no member of
congress shall be appointed to an
office which was created or the
emolument of which was increased
during his membership in congress.
2. That no vacancy existed on the
Supreme court anyway, since JUS
tice Willis Van Devanter had only
retired, not resigned, and may still
be called for judicial service by the
chief justice.
1t was expected that the Black
appointment would become political
fodder in the next campaign.
Hint of Third Party?