davidaulloa/AmericanStories huggingface dataset:
The times-news., 1938-11-08
BLACK SCORES
COURT STAND
ON STATELAW
Roosevelt Appointee Again
Offering Dissenting
Opinions
BY GERRY ROBICHAUD
United Press Staff Correspondent

WASHINGTON, Nov. 8. (UP)
Associate Supreme Court Justice
Hugo L. Black, whose lonely dis
sents from the majority opinions
of his colleagues created a storm
of controversy last spring, yester-
day rebuked the high tribunal for
invading the rights of state legis-
latures and thus involving the
states in expensive and long liti-
cation.
Blacks latest dissent, one in a
series which last May precipitated
a dispute over his judicial ability,
came on the first formal opinion
day of the courts 193S-39 term.
1t involved a challenge of Flor
ida law requiring that all contain
ers of citrus products from that
state be embossed with the desig-
nation Florida"
Marking the beginning of his
second year on the bench, BLACK
also dissented in another case. In
a minority opinion he disapproved
the majority's action in disniissing
a $18S,108 deficiency assessment
against the estate of the late Ed
win B. Hendrie of Denver. He
described the case as an example
of "taX evasion" which congress
had sought to prevent by legisla-
tive means.
In keeping with the larger part
of his dissents, the Florida case
represented broadly another plea
by the justice for less judicial in
reference with legislative pro-
cesses. In one such case, he Wig
orously urged that federal courts
be bound by state court interpre-
tations of the laws of their re-
spective states, and later the high
tribunal adopted the theory.
The citrus case arose last year
when packers challenged constitu-
tionality of the labelling law which
the Florida legislature enacted to
prevent the practice of shipping
fruits, grown in other states, into
Florida and packing them in con-
tainers labeled so as to indicate
Florida origin.
A three judge federal district
court dismissed the challenge, but
on an appeal by the packers, the
supreme court ordered the lower
tribunal to consider the case fur
ther. Asserting that his colleagues
erred in their action, Black said:
1.-THE cause is remanded for the
court below to determine whether
the legislative requirements that
cans and labels be truthfully
marked is arbitrary, unreasonable,
Continued ON page threel
The times-news., 1938-11-08
.TROPIC STORM
LESS INTENSE
No Precautions Held Neees.
sary Excepting for
Small Craft

MIAMI, Fla, Nov. 8.-(UP)-
The tropical disturbance swirling
through the Bahama Islands in the
Atlantic ocean today gave indica-
tions of decreasing intensity.
The federal hurricane warning
system announced that no precau-
tions appeared necessary on the
southeast Florida coast except for
small craft.
The storm, earlier reported to
be increasing in intensity. began
moving slowly in north-north-
westerly direction over the ATTAIN
tic last night and was located near
Long Island, Bahamas. about $50
miles southeast of Miami.
Observers said the storm, whlch
is attended by winds reported up
to so miles an hour at 2 p., M,
(EST) had moved only short
distance from the position report
ed six hours earlier.
However, the storm was taking
a north-northwesterly course, the
warning system said last night.
The highest wind report from
land station at z p. m. yesterday
was 35 miles an hour at Hatchet
Bay, Eleuthera in the Bahamas.
On the Florida east coast, Palm
Beach had a 20 mile wind last
night, Miami 18 miles per hour
and Key West IL miles per hour.
The times-news., 1938-11-08
AVENGERS VICTIM
IN CRITICAL CONDITION
BY HAROLD :ETTLINGER
United Press Staff Correspondent

by FJANoLD Z lLlNSEN
United Press Staff Correspondent,
PARIS, Nov. 8. (UP)-Chan.
cEllor Adolf Hitler's personal con,
Germ over the perhaps fatal shoot
ing of the third secretary of the
German embassy in Paris by a IT.
year-old Polish Jew who said he
had "divine mission" to avenge
his people last night brought
prompt official measures.
Hitler ordered his personal ply
sician, DR.. Brandt, and the head
of the Munich University surgical
clinic, DR.. Georg Magnus, to pro-
ceed to Paris by the quickest route
to attend the wounded man.
The Jewish youth, Herschel Fri
pei Crynsztan, was captured by
embassy guards and police as he
attempted to flee after firing two
.reSalNer bullets. into the secretary,
Ernst Won Rath.
Police believed that Grynsztan
went to the embassy for the pur-
pose of assassinating German Am
bassador Count Johannes Won
Welczeck.
Won Rath, 29-year-old nephew
of the late Roland Koester, for
mer German ambassador to Paris,
last night was sinking rapidly in
the Alma clinic near the embassy
and several blood transfusions
were administered.
Won Rath was shot in the lung
and in the stomach and two emer-
gency operations for removal of
the bullets were performed at the
Alma clinic after it was found
that the secretary was too weak
for removal to the American hos
pital in suburban Neuilly.
Hitler, in Berlin, was said to be
following the condition of Won
Rath and the facts in the case by
direct telephone.
Ambassador Won Welczeck WIS.,
tied Foreign Minister Georges
Bonnet at the foreign office and
it was reported that he had dis
cussed the refugee situation in
general, since the young assailant
had been ordered to leave France
last August.
The foreign office spokesman
merely said, however, that Bonnet
had expressed the French govern
ment's regret.
The attempted assassination was
expected to heighten anti-JeWlsh
and anti-foreign sentiment in the
midst Of moves already underway
to strengthen measures against
foreigners. particularly political
and racial refugees.
Grynszpan, in the Invalides po-
lice station, said his act was in
protest against the Hitler regime
and especially the persecution OF
co-religionists whose lives have
Continued on page three)
The times-news., 1938-11-08
BY ROBERT BELLAlRE
LIn;tad Press Staff Correspondent

SHANGHAI, Nov. 8. (UP)-
Japanese today fought their way
into the suburbs of two new
"key" cities in central China, ap-
parently determined to intensity
their smashing offensive against
Chinese Generalissimo Chang
Kai-shek in an effort to induce
him to accept reported new peace
overtureS.
The key cities are Yochow,
south of Hankow on the Hankow-
Canton railway, and Changsha,
capital of Human province, and
south of Yuchow on the vital rail
line Yochow was expected to be
"fullv occupied" within 48 hours
and Changsha by the end of this
week. -,
New peace reports were based
on a revelation that British AM
bassador Sir Archibald Clarke
Kerr had conferred with General
issimo Chang during the week
and at an undisclosed place in
southwestern China and reported
Iv had asked him on what terms
he would be willing to end the
war.
Suggestions as to what was go
ing on behind the scenes includ-
ed:
l. That the British ambassador
had told Chang flatly that Brit
ain was anxious to see an end of
Continued on page four)
The times-news., 1938-11-08
Television Broadcast Station Being
Built; Receiving Sets On Mart Soon

Within a few days, he said, tele-
vision sets costing from $3.50 to
5000 each would be placed on the
market. =,
These sets, developed at the
Du Mont plant. will project the
images on a screen 11xS inches.
The first studio to enter the
field Paramount is striking a
sharp blow at Hollywood fears
that television will injure the mo-
tion picture industry. Griffis ex-
pressed the belief that the oppo-
site would be true-that the in
dustry would be aided by receiv-
inc a new outlet for pictures
which perhaps would necessitate a
new type of picture.
The Du Mont patents-the in
yention of Allen Du Mont-envi-
sion a system by which telecasts
can be dipped" into theaters and
the images "blown up" to the size
Continued on page four)
The times-news., 1938-11-08
Bv HERBERT K. LEWIS
[Jn;ted Pres. Staff Correspondent

BUFFALO, N. Y, Nov. s.
(UP)-Two suspects, captured by
G-men in a fiction-like coup in
volving an airplane, radio-equip-
ned automobiles and detectives
aboard a speeding train, were held
under $4,000 bail each last night,
accused of $4,000 extortion
plot.
Alexis C. Barbeau, Jr., 2s. veal
thy manufacturer who resides at
Silver Creek, N. Y, 35 miles from
here. =,
The prisoners were identified
by John B. Warnes, special agent
of the Federal Bureau of 1nves-
tigation, as Anthony j. Catalano,
So, of Buffalo, and Anthony l..
De Pasquale, Sc, of Silver Creek.
Warnes said that Catalano., IA
ther of two children, was at hber-
The times-news., 1938-11-08
FACES BROAD
TESTS TODAY
OVERCOUNTRY
Southeastern States Voting
Light as Issues Are
Lacking
REPUBLICANS EYE
VOTING AMONG WPA

NEW YORK, Nov. 8. (UP)-
The nation today voted in an off
year general election in which vi
tai scattered races were so close
that the luck of rain or sunshine
may decide the winners.
Weather forecasts were mod
erately unfavorable along the
mid-Atlantic coast and westward
into the plains states. Forecasts
in these areas included clouds,
rain and snow.
New York politicians especially
were weather conscious. In the
rural upstate section rain might
keep many COP. voters away
from the polls and perhaps de-
termine whether the Democratic
party retains or Republicans win
the governorship, grand prize of
the New York election sweep
stakes.
Republicans made their great
est challenge in a decade for con-
troll Of the pivotal state admins
trations in senatorial and in gu
bernatorial contests.
Of the. United States senate
seats at stake 81 are now Demo-
cratic and thress Republican.
Gubernatoriaf elections are be.
ing held in 80 states. Six govern.
orships are held by Republicans,
"a by Democrats, one Farmer-La-
borite an done Progressive.
Lack Of fighting issues and gen.
orally bad weather kept the vote
light in the southeastern states.
The electorate there is predom-
inantly Democratic and most
southern voters were attracted to
the polls only by interesting local
contests and proposed state con-
stitution amendments, Republican
strength being felt only in Sec
tions Of Tennessee and North
Carolina.
President Roosevelt and his
family planned to lead the coun-
try to the polls, voting early at
historic Town Hall in Hyde Park,
N. Y. He spent a quiet pre-elec-
tion day, his only important call
er being Works Progress Admin
istrator Harry L. Hopkins.
Hopkins told the president
Sunday that California and Mich
igan would land safely in the
Democratic column today. Chair
man James A. Farley Of the DEM
ocratic national committee went
beyond Hopkins two-state fore
cast and predicted sweeping DEM
ocratic triumphs.
He said in a radio speech that
today's election transcends in i'm
portance "the mere political fate"
of scattered congressman and ac-
cused New Deal foes Of seeking
to sabotage measures which had
given the "ordinary citizen a de-
Continued on page three)
The times-news., 1938-11-08
Plane, Radio Equipped Car, Used
To oSeize Alleged Extortion Plotters

ty under $4,000 bail on a rob-
berry charge at the time of his ar
rest, and that De Pasquale was on
parole after serving a sentence
for robbery.
Revelation of the prisoners
capture late Saturday came from
the F. B. I. office here yesterday
shortly before the pair was ar
raigned before U. s. Commission
er Boyce H. Butterield. Both
pleaded not guilty to charges of
sending threatening letters thru
the mails.
Federal agents entered the case,
Warnes said, early in October
when Barbeau reported receiving
letters, kilograms and telephone
calls which threatened him and his
mother with death unless he paid
$4,000.
Last Wednesday, Warnes re-
vealed, Barbeau received dlrec-
Continued on page four)
The times-news., 1938-11-08
SEN. REYNOLDS
ASKS ELECTION.
FULL TICKET
Closes Democratic Cam.
paign in County With
Address Monday
EDUCATION IS HELD
DEMOCRACY'S NEED

Henderson county Democrats
closed their campaign yesterday
afternoon with a rally at the coun
ty courthouse and the prediction
by M. M. Redden, chairman of the
county executive committee, that
the party would receive the larg-
est majority in its history at the
polls today. .
Senator Robert R. Reynolds OF
Asheyille, was the principle speak
er and urged support of the entire
Democratic ticket.
Senator Reynolds was met at
the county line by motorcade OF
about rs automobiles and escorted
to the courthouse for the address.
The high school band led the pa
rade down Main street after it ar
rived in the city.
In his opening remarks, Mr..
Redden, who presided, took oc-
casion to answer Brownlow Jack
son, candidate for the general as
sembly.
Predicting a great victory at the
polls, Mr.. Redden declared that
adversaries of the Democratic
party are so few they do not care
to sise. up against what the Demo-
cratic party has done for the
masses of the people in the past
six years.
at has not been my policy" he
said, "to criticize the Republican
party, but when one of their can.
didates makes an attack l feel
justified in filling a demurrer"
He stated that his reference
was to Mr.. Jackson. He declared
that Mr.. Jackson had pledged Re-
publican candidates to economy
and that during the present DEM
ocratic administration the county
attorney had been the particular
target of the opposition.
He then declared that during
the last Republican administration
the county attorney was paid
salary of $100 per month and a
fee of from SIS to $50 for each
tax suit brought. This was al
right with Mr.. Jackson as long as
it was Republican county attor-
ney, Mr.. Redden, said.
Mr.. Redden pointed out that the
Democratic county attorney was
paid salary of SIS per month
and a flat fee of $3.50 per tax
suit.
Mr.. Redden declared that he
had no criticism to make of Mr..
Jackson as a man, but pointed
out that he had held federal office
for a period of about 25 years.
Now he objects to Democrats
holding office for eight years, he
said.
He pointed out that the last Re-
publican administration failed to
bring suits for taxes against a
number of Republicans, including
some of Mr.. Jackson's relatives,
and that the county had lost about
$4,000 through this failure.
He declared that Mr.. Jackson
had never favored old age assist
ance or anything else designed to
aid the people until shown the way
by the Democratic administration.
Senator Reynolds was introduce
ed by F. M. Waters, superintend-
ent of city schools, who character
lied him as a man who was in
strumental in laying a foundation
in the midst of economic and So
cial change, a friend of Western
North Carolina and a man upon
Continued on page three)
The times-news., 1938-11-08
|ITY BALLOT
EXPECTED TO
Gain THISP.M.
Iss Than Half of Vote
Polled Last Election
Cast by Afternoon
IJCH SCRATCHING
| REPORTED In CITY

1,nfayorable weather is expect
to cut down the vote in today's
|year electioY.
PaportS from most sections of
county indicated a light vote
linz the morning hours, and the
atheg is largely blamed.
REPORTS shortly after noon in
k,ed that slightly more than
hO had voted in the four city
tcincts. This is less than half
I vote cast in the last election,
1 voting in the city was expect
to pick up during the after
tn hours.
lac vote was light in Northwest
Jacksonville precinct, the larg-
[Democratic box in the county,
re only $50 ballots had been
during the morning.
outhweSt HenderSonvllle, the
n house. largest single box in
county. had voted more than
ballots during the morning.
is about half the normal vote
his precinct.
he total vote in the city was
'ut 4.5OO votes, but the off-year
tiOn is expected to be lighter.
the previous off-year election
city vote was about 5000.
me city boxes, workers re-
ted considerable scratching of
S, and this was viewed as un-
brable TO some Democratic can
ties.
The times-news., 1938-11-08
DR.. Lee Is Chosen
AS Southern M. E.
University Head

DALLAS, Tex, Nov. 8. CUP)
DR.. Humphrey Lee, dean of the
School of Religion at Vanderbilt
university, was chosen president
of Southern Methodist university
yesterday.
The 45-year-old educator was
appointed by the board of trustees
as fourth president of the univers-
ity to succeed DR.. Charles G. Sc
lecman, who was named a bishop
of the Southern Methodist church
after serving as head of the
school for Is years.
The times-news., 1938-11-08
bnservatives
Lose Seat When
By-Election Held
int LabOrite Says Choice
|hOws Opposition to
'Chamberlain's S Policies

DARTFORD. Kent, England,
p \. up. - Prime Minister
pile Chamberlain's conservative
r. suffered Il defeat here in
'tertay'S parliamentary by-elec-
P, which political circles inter
PED as Indicating disapproval
ms foreign policy at Munich
: thereafter.
glrS J. l.. Adamson, laborite,
led +J,5li votes to 42,276 for
|LOdtrey Mitchell, conservative.
results gained a seat for the
pr party, as the election was to
q vacancy caused by the death
:, Z. Clark, national conServa-
who defeated Mrs. Adamson
l-l2 to 1886 at the last gen
election.
Won because the electors dis
'ove Of the governments for
4 Policy and are ashamed of
noer.aln's betrayal of Czecho-
aka and democracyy," the
ssStuI candidate said to re-
Also because they strongly OBJ
% the threat by the govern
y 70 cut social services, health
aels!ng projects and pensions
.a4' the poor shall pay for re-
.ajHent. Also, they are deter
r. ~ 70 resist conscription."
as OarttOrd seat was the La
Party's tenth gain from the
s'Ament conservative party
tIs Iso % by-elections held since
.''3 general election. In ad-
Lo", tne government lost three
70 Independents. Five other
lT.scuons are pending.
.& AtamSon, addressing a
f. crowd last night, said: 81
H.; "aen 20 to Westminster
a 1a'nen9 Tuesday | will be
\ !" snow Chamberlain that he
|p,, ~. got the people of this
f. Ery behind him and that he
The times-news., 1938-11-08
COLD WAVE IS
MOVING EAST
OVER NATION
Rain, SIeet, Snow Strike
Country From Rockies
to Appalachians
(UNITED PRESS)

Rain, sleet and snow from the
Rocky mountains to the Appala-
chians today contrasted with the
November cheat wave" as the ma,
tion voted to decide congressional
and state elections.
Rain and colder weather for
the eastern states was predicted
by nightfall.
Temperatures were dropping
swiftly east of the Mississippi
river.
Louisiana and Mississippi re,
ported a drop of between 30 and
40 degrees overnight.
Snow was falling on the eastern
slope of the Rockies and through
middlewest sections.
The times-news., 1938-11-08
Eotary Will Hear
|ark Service Aide

H." ~" A Harris of Marion, as
! landscape architect with
b. LSa,lona! Park service, will
! D. a thr weekly meeting of
Erlssoyia club tomorrow at the
/ M; uafr'S viii show pictures of
III iOrh being done in the ma
49, parks and an interesting
The times-news., 1938-11-08
4-H CLUB MEMBER
WHO BROADCAST TO
REPEAT TALK. HERE

Clarence Ward, All club mem
Der at East Flat Rock, was heard
in a radio broadcast over station
WWNC last Saturday night.
His subject was, "My Corn and
Brood Sow Project" This talk
will be repeated at the All club
Achievement Day meeting, to be
held at the court house on Decem-
Der II,
The times-news., 1938-11-08
Rv FREDERICK c. OTHMAN
I-:..J Press Staff Correspondent

HOLLYWOOD, Nov. 8. CUP
Paramount Pictures entered the
6eld of television last night with
an announcement that the COM
oany had taken over an estab,,
i;shed television laboratory and
was prepared to market popular
nriced receiving sets within the
next few days: .n
Stanton Griffis, chairman OF the
Paramount executive committee,
said the company had purchased
tbe Du Mont Laboratories, Inc,
and is now erecting transmittef
in Montclair, N. j., for use by
January /. ,;.oah,
the official indicated that Claud,
cite EFT Colbert. Dorothy Lamour and
otber stars shortly would be max
mo telecasting appearances IN
American homes
The times-news., 1938-11-08
Kiwanians And
Wives To Gather
AT Mills River

Kiwanians and. their wives will
90 to Mills River Thursday eve
ming for supper meeting at the
Mills River school building. The
program will be presented by the
clubs agricultural committee COM
posed of j. T. Fain, chairman,
Dwight w. Bennett, DR.. w. w.
Carpenter, and DR.. j. S: Brown
Sr. Residents of the Mills River
community will participate in the
event.
Kiwanis directors were guests
at venison supper last night at
the home of Mr.. and Mrs. q. {.
Richardson.
The times-news., 1938-11-08
Six Men Jailed In
Harlan Shootings

HARLAN, KY, Nov. 8. (UP)-,
Mayor L. o. Smith today ordered
35 Kentucky national guardsmen
to stand by for an emergency al
ter a night of prediction shoot
ing in which six men were jailed.
Smith said that soldiers were not
on duty but are ready to main
tain order in the event of further
trouble.
The times-news., 1938-11-08
Light Vote In County Is Laid To Bad Weather
GERMANY MAY EXPEL ALL
FOREIGN JEWS AS REPRISAL
FOR SHOOTING ENJOYS AIDE
Anti Jewish Outbreaks
Staged; Hitler Sends
Physician to Paris

BERLIN, Nov. 8. (UP).-Anti-
Jewish demonstrations broke out
in Vienna and elsewhere in Ger
many today IN reprisals for the
shooting of Ernst Won Rath, Ger
man embassy secretary at Paris,
by a l7-year-old Polish Jew.
Some well-informed quarters be-
lieved that measures are being
considered for the expulsion of all
foreign Jews from Germany.
The times-news., 1938-11-08
REP. M'REYNOLDS
SUFFERS BRONCHITIS

WASHINGTON, Nov. 8. lUP)
Rep. Sam D. McReynolds, Dem,
Tenn, last night was confined IN
Naval hospital for treatment OF
bronchitis.
McReynolds' condition was not
serious, DR.. Geo. w. Calver, con-
greSsional physician, said.
The times-news., 1938-11-08
By JOSEPH w. GRlGC, JR.
United Press Staff Correspondent

United Press Staff Correspondent
LONDON, Nov. 8. (UP).-King
George VI and Queen Elizabeth
have decided definitely to visit
the United States after their
Canadian tour next year and will
arrive on American soil about
June 20, it was revealed last night
on unimpeacable authority.
The king himself vii lannounce,
perhaps within two or three days,
that he has accepted President
Roosevelt's invitation to visit the
United States.
buckingham palace circles said
that in view of the royal visit, the
Duke and Duchess of Windsor had
postponed at least until 1910 their
plan to visit. America next spring.
The Duke himself was said to
have decided upon the postpone
ment because he is anxious to
piacate the royal family and Brit
ish government and do nothing
which might provide an embar-
RAISING contrast to the royal visit.
Edward is particularly anxious
that the title "her royal heigh-
ness" be granted to his American
born duchess and hopes to return
with her to England in the near
future.
Disclosure of the royal family's
decision conceded with Bucking-
ham palace reports that the Duke
and DucheS sof Gloucester will
visit the exiled Duke and Duchess
of Windsor in Paris on Armistice
day.
The reports stirred speculation
that the Windsors might return to
England 'on visit next year, per-
haps while the king and queen are
in North America.
The meeting between the royal
brothers and their wives would
mark the first actual step toward
restoration of normal relations
between the royal family and the
Windsors since Edward abdicated
Continued on page four)
The times-news., 1938-11-08
SEEK
TO CONCLUDE
SINO-JAP VAR
Increased Aid From Russia
Makes General Chang
Averse to Peace

TOKYO, Nov. g. (UP)-For-
eign Minister Haehire Arita is
understood to be preparing
statement declaring that Japan
will welcome the principle of
the open door in China and
equal economic opportunity for
all, providing the powers recos-
nize Japan's dominant positions
in eastern Asia.
The statement was expected
tomorrow when the minister re-
turns from a trip.
The times-news., 1938-11-08
Y 'NlEatk@E.

Maximum temperatures de-
grees. Minimum - Sc degrees
Mean-65 degrees. Days range
is degrees. Rainfall-.22 men.
Normal mean temperature Ior
November-46.4 degrees. Ram
fall to date-2.59 inches. Norman
rainfall-3,11 inches.
The times-news., 1938-11-08
king GEORGE
DECIDES UPON
VISIT TO u. 5.
Windsors Expected to Re-
turn Visit in France
by Gloucesters
TELLS PARLIAMENT
OF DECISION TODAY

LONDON, Nov. 8. (uP).-king
George today announced to parlia-
ment that he had accepted an in
vitation from President Roosevelt
to visit the United States during
his Canadian tour next spring.
1t will be the first visit by a
reigning British monarch to the
United States.
The times-news., 1938-11-08
WEATHER

Croudy, with rain and colder
hi; much colder Wednesday.
The times-news., 1938-11-08
GOOD AFTERNOON

The unsuceessful producer has
this to be thankful for: when his
play flops he doesn't have all
those pla agiarism suits.