davidaulloa/AmericanStories huggingface dataset:
Evening star., 1940-04-05
Second Flood Crest
In Week 5urges
Down Susquehanna
- %tAs.e -
New Rise Is Expected
To Go Within Three
Feet Of Mondays Mark
Nv the Associated Press

WILKES-BARRE, Pa, April s.
The second flood crest in a week
surged down the heavily populated
Susquehanna Valley today.
With headwaters of the stream
still rising, observers predicted the
new crest would go within 3 feet of
last Mondays flood levels.
North of the New York line, the
river, fed by recent rains and melt
ing snow. went up 3 feet overnight
and was expected to rise 3 to 4 feet
more. Just below the New York
Pennsylvania border, Sayre reported
a rise of feet.
At Towanda, where lowlands are
awash for a second time, the river
went up 31a feet to a 19.6-foot stage.
Mondays crest there was slightly
over % feet.
Stream Still Rising.
In Wilkes-Barre, where populous
nearby communities were hard hit
earlier this week, lowlands are under
water again, with the stream still
rising at 25.4 feet. The river had
gone up almost feet and a crest
of 27.5 was expected by tomorrow;
laset Monday the river hit high
mark of 316 feet.
Downstream as the valley widened,
less rise was reported.
Although there was no alarm, resi-
dents throughout the Valley watched
the rise anxiously. They recalled
that during the destructive 1896 flood
second crest surpassed the first by
several feet-after lapse Of six
days.
Most Return to Homes.
With the exception Of nearby
Kingston, part of which is still
under water, stricken towns saw a
return of most of the 10000 persons
who were driven from their homes
by the flood.
One hundred and twenty persons
who had been driven out here were
quarantined in a church for several
hours yesterday until authorities
determined that an i'll man among
them was not suffering from spinal
meningitis, which has taken rs lives
this year.
Evening star., 1940-04-05
BY the Associated Press.

By the Associated Press.
The $265, 900 which Associate JUS
tice Oliver Wendell Holmes left ito
the United States of America" on
his death in 1885 will be used to pre-
serve his writings in a specially
edited volume.
A small memorial park directly
behind the Supreme Court Building
also is tentatively planned.
This decision, it was learned to-
day, has won the approval of a
committee of executors who first
had considered spending the money
to make a memorial of the late JUS
tees Washington home. It also
Evening star., 1940-04-05

following of his own but who is
hated by no inconsiderable number
OF Democrats. The other candi-
dates for Governor are former Gov.
George White, William J. Kennedy.
former Secretary of State; Harold
Mosher, former Representatives at
large and former Lieutenant Gov
ernor; Herbert S. Duffy, former
Attorney General; James r. Mack
er, who at one time was a highway
director; Frank Dye, a Columbus
lawyer, and James F. Flynn, a
Sandusky lawyer. The last two are
newcomers in the political field.
Macker withdrew last night, leaving
seven in the race.
The setup, with so many candi-
dates, is the kind that favors Mr..
Davey. 1t is in such races he has
won nomination before. The Demo-
Gratis who do not like Mr.. Davey
would give much to narrow the field
to Mr.. Davey and a single other
candidate. But that cannot be done
The zero hour for withdrawal of
candidates from the primary was
last night. The Democrats have no
hope, they admit, of electing Mr..
Davey Governor should he be nomi-
mated. Enough scandals broke dur
ing his administration to sink him
If he runs again. He was defeated
two years ago for denomination by
Charles Sawyer, who, in turn, was
defeated by Gov. Bricker. Further
more, Mr.. Davey and the sRooseYelt
administration were at swords
points. A ticket with Roosevelt and
Davey both on it would make the
angels laugh, If they did not weep.
Former Representative John Nc
Sweeney Is favored to win the DEN
ocratic nomination for Senator. He
is a former welfare director and is
highly regarded. His only opponent
is Herbert S. Bigelow. whose old
age-pension plan was defeated bad
ly in the 1898 elections. Mr.. Bige-
low proposed that single persons
of pensionable age should receive
$40 month and couples $50.
Senator Taft is the only entrant in
the Republican presidential primary
and the delegates will all be pledged
to him. to stay until he is nominated
or until he releases the delegation.
Ohioans Hear Simpson.
The principal out-of- State speaker
at the Republican rally here
Wednesday was Kenneth Simpson,
New York's Republican committee
man. Mr.. Simpson told the Ohioans
what kind of presidential candi-
date the national convention should
nominate in Philadelphia next
June. To the Ohioans, the descrip-
tiOn did not sound at all like Thomas
e. Dewey.
At one point in his address Mr..
Simpson said: Prom my point Of
view, the object of this campaign is
not to put the President in Jail, but
to relieve him of Office" In other
words, the candidate need not be q
district attorney-even a New York
district attorney. The Taft sup
porters also noted that Mr.. Simpson
did not mention New York's favorite
son by name. Since he was speaking
in the home State and in the pres
ence Of Candidate Taft, this might
have been reckoned merely a piece
of tactful reticence. But Mr.. Simp-
sons personal antipathy to Mr..
Dewey has permeated the ranks Of
Republican leaders in the Middle
West-as well as in the East.
Democrats who would talk at all
of presidential candidates other
than Roosevelt had kind words to
say OF Secretary of State Cordell
Hull.
Evening star., 1940-04-05
Will Is Probuted

ROCKVILLE, Md, April S {R.-
The will of Homer A. A. Smith Of
Takoma Park, Md, bequeathes his
entire estate to his widow, Mrs.
Hazel Grace Smith. The will has
been admitted to probate in Or
phans' Court here. The instrument
does not reveal the value Of the
estate. -.-... ---....
Evening star., 1940-04-05
BuchuIter Sentenced
To 30 Yeurs to Life
3y the Associated Press.

BY the Associated Press.
NEW YORK, April 5.-Louis
Gepke) Buchalter, notorious rack
eteer, today was sentenced to 30
years to life In State prison for ex-
tortion in the bakery and trucking
rackets. General Sessions Judge
John Freschi directed that the SEN
tence should begin after Buchalter
had served 14-year sentence re-
Gently imposed in Federal Court for
conspiracy to vivolate the narcot-
les law.
Evening star., 1940-04-05
Maryland Trade Act
Is voided in Entirety
By Appeals Court
Judge Rules 1t Violates
Constitution and State
Bill Of Rights
By the Associated Press.

By the Associated Press.
ANNAPOLIS. Md, April 5.-The
Court Of Appeals today held Mary
lands Fair Trade Act Of 1889 un-
constitutional and void in its en-
tirety.
UNFOLDING a ruling by Chief Judge
Samuel Dennis Of the Baltimore Su-
preme Bench, the appellate court
ruled the statute violated the Fed
eral Constitution, as well as the
Maryland Bill Of Rights. and placed
unusual restrictions on lawful occu-
pations and ''unreasonably and ar
bitrarily interferes with private bl.s-
ineSs."
Act Creates Uncertainty.
The opinion, written by Associate
Judge Walter j. Mitchell, asserted:
mo trader embraced in its (the
acts) provisions can conduct his
business at any time with any de-
gree Of certainty that he is not
violating the law, whenever, in his
own business discretion, he sells a
commodity below cost, without first
complying with unnecessary and
burdensome regulations placed upon
him ..
He may have no knowledge that
his below-cost transactions will in
jure any competitor within the rea-
sonable radius or zone in which he
conducts business, but somewhere
or somehow, his below-cost sale has
had the result of injuring a COM
petitor in the far end of the State
and he has violated the act"
The ruling was handed down in
case involving the Daniel Lough-
ran Co., Inc, and the Lord Balti-
more Candy g. Tobacco Co., Inc
Both parties in the action are
wholesale tobacco dealers.
The Loughran firm brought the
appeal from Judge Dennis decision
alleging that the other company
had been engaged in the tobacco
business in competition with the
appellant and In violation of the
Fair Trade Act.
In argument before the court
George v. Parkhurst, counsel fol
the Lord Baltimore Co., contendeo
that the Legislature exceeded Its
authority under the police power ir
attempting to control. through the
statute, all sales, whether or mo-
the sales are effected with a public
interest.
The act was designed to prohibi
sales below cost, with reference tt
transactions by wholesale and re.
tail dealers made within the State
| The court held that the basic ele.
ment of computation in determining
| the costs under the act "is the in.
voice cost or replacement cost tt
the dealer in the quantity last pur.
chased by him, whichever is lower.
Dealer Takes Chance.
This is modified by certain de.
ductions representing permitted dis.
counts, and various additions. rep.
resentlng specified, actual or arbi.
trarily estimated expenses; tn.
figures ascertained being the min.
lmum price at which the dealer MAY
legally dispose of his wares within
this State.
The dealer takes a chance anc
II he has accurately judged marke
conditions. and the relativity o.
prices to those conditions, he is cleal
OF the law, but if not, he is open tt
Its consequences. criminal and civil.
When the far-reaching effect O.
such legislation is visualized," Judg,
Mitchell wrote, 'one is startled a
Its possibilities. Geographical equa
tons have no standing in the act.
Evening star., 1940-04-05
Report
Furnished BY the


District OF Coumba-Generaly coo
tonight with minimum degrees moderate fresb
northwest winds. ~ ~ w AAe'N
generally fair. ~ ~ e o~
West VrgniaGeneay tonight and tomorrow
Evening star., 1940-04-05
Weather Conditions Last "a Hours.

The disturbance that was over Lake
Huron Thursday morning has advanced
eastward to Eastern Maine. Eastport 9966
millibars t%9.43 inches). -he disturbance
that was of the New Jersey coast has
moved northeastward being central about
400 miles east of the Massachusetts coast.
Pressure is also low over Arizona, Phoenix,
1007,5 millibars (2975 inches), with a
trough extending southeastvard to the
middle Rio Grande Valley. weak cold
front extends southwestward from the
North Carolina coast to Southern Alabama
and thence westward to Southern Texas.
Relatively high pressure prevails over Flor
ida: Tampa, 1O1s.0 millibars t3OO6
inches). A high-pressure area of consid-
cradle magnitude is moving southeastward
over the Plains States and the upper Mis-
sissippi Valley. Pembina. N OAK, 1878
millibars '3O.63 inches). During the last
"A hours rains have occurred in the North
Pacific States. the Middle and Northern
Plateau the lower Lake region and in the
Atlantic and East Gulf States. and light
SHOWS in the upper Lake region and the
Dakotas. Temperatures have fallen in the
Ohio Valley, the Appalachian region and
the lower Lake region.
River Report.
Potomac River muddy, Shenandoah
cloudy at Harpers Ferry: Potomac - at
IL AA
Evening star., 1940-04-05
Precipitation

Monthly precipitation in inches tn the
CAPITAL lcurrent month 70 dAtel:
Evening star., 1940-04-05

SCOUTMASTER'S KEY.
Tucker. Herbert G.
Evening star., 1940-04-05
River Report

Potomac River muddy, Shenandoah
cloudy at Harpers Ferry: Potomac - q
Great Falls today
Evening star., 1940-04-05

ASAASsASA W ~ As~AAOAAAAAAs~sS~~s
The May IA primary in Ohio not
only elects the Democratic and Re-
publican delegates to the respective
national conventions, but also makes
the nominations for State and con-
gressional Office. Gov. Bricker will
be renoninated by the Republicans.
Addison @. Thacher, former Mayor
Of Toledo, filed against Gov. Bricker,
but withdrew at the last moment.
There is brisk race for the Re-
publican senatorial nomination be-
tween Representative Dudley White
and Mayor Burton of Cleveland.
At a pre-primary rally of 1000 Re-
publican party workers held here
Wednesday night, both Mayor Bur-
ton and Mr.. White spoke. The lat
ter was given an ovation, and Mayor
Burton was treated anything but
courteously. Mr.. White is given
the edge in this contest.
The Democrats face nice mess
In their contest for the guberna-
torial nomination. Eight candi-
dates filed, among them former Gov.
Martin l.. Davey, who has a strong
The Waterbury Democrat., 1940-12-11
HARRY x. CASHIN CHRYSLER CORP. SIGNS AGREEMENT
United Auto Workers. CIO Union, Agrees To Terms
 Ended Today.

Detroit, Dec. 11-UP,-ChrysIer corporation and the United Automo- bile Workers (CIO) announced to- day an extension of their existing contract, with amendments that in cluded a two-cents- hour increase for hourly workers.
 An agreement on the amendments and on a one-year extension of the current contract was reached this morning. Negotiations had been lln- der way since November 9. The contract. which was signed after a 54-day production dispute last year was to have expired at midnight last night.
 The contract and amendments cover approximately 60,O00 workers in Il plants, not including those at Evansville and Kokomo, Ind
 Richard T. Frankensteen, head of the unions ChIysler division, esti- mated that the amendments would give workers $6,774,O00 in additional pay and bonuses.
 One clause of the wage amend ment established new wage rates for onue year without possibility of al- terations. This was. new in Chrysler JAW agreements and was believed to be new in the industry.
 The bonus amendment provides for payment of $40 in lieu of vaca- tion with pay to each hourly en- ploye covered by the contract who has at least one years seniority The bonus is to be paid before Christmas. Frank kensteen estimated this would amount to $2,6O0o0O.
 Another amendment provided that workers called to military duty vii accumulate seniority while in serv- ice and the corporation will pay their group life insurance premiums un- less in the meantime the govern ment makes other provisions for them.
The Waterbury Democrat., 1940-12-11
State Senators Hold
 First Caucus Tonight
Selection Of Leaders May Precipitate Battle-Egan,
 Blansfield To Attend Session At Hotel Bond

Selection of president pro tenn, majority leader and clerk will be taken up by the 22 recently elect ed Democratic members of the state senate at a caucus tonight at the Hotel Bond, Hartford. This city will be represented by Senator Ed- ward P. Egan and Senator-elec Michael V. Blansfield.
 Senator-elect Joseph Cooney, for mer member of the senate, has strong support for the post of ma jority leader, though he is opposed by Mayor Thomas J. Spellacy of Hartford, one-time ally. The prin- cipal opposition may come from Senator Albert L. Coles, of Bridge port, who made a favorable impress sion while serving his first term two years ago.
 Senator Joseph Downes, of Nor wich, who was minority leader two years ago, appears the logical choice for president pro tenn. He may be opposed by Senator Joseph Rourke or Senator Samuel Malkan, both of New Haven.
 John J. Fitzpatrick, of Fairfield, appears to be in the lead for clerkk of the senate. The chaplaincy will probably go to Rev. E. Dent Lackey, of Enfield, who made a spectacular
The Waterbury Democrat., 1940-12-11
Supreme Court Backs
 Compensation Finding
Albert MOrgan's Case Remanded To Superior Tribunal
 With Direction To Dismiss Appeal From Cmrs.

The State Supreme Court of Er- TOTS yesterday upheld a finding by Compensation Commissioner James M. Lynch in the case of Albert Morgan against John Adams and others and ordered the matter re- manded to the Superior Court of Litchfield county where Judge Simpson had ruled against MT Lynch. The supreme court was unanimous in its finding and the opinion was written by Justice Jen- nings.
 The case reached the supreme court after an appeal from the com pensation court had been sustained by the Litchfield superior court, which set aside the award. The plaintiff then appealed to the Su- preme court.
 In his opinion, Justice Jennings said in part: Tn this case the spe- cific indemnity was for the loss of sight in one eye ." The statute specifically refers to the loss of sight not to the loss of the eye. That aside, it is common knowledge that the loss of sight
The Waterbury Democrat., 1940-12-11

does not necessarily or even usually involve the loss of the eye While the commissioner did not find in so many words that the loss of the eye was not normal incident in the loss of sight, he did find changed condition of fact requiring medical attention and resulting in disability This taken in connection with the other findings referred to brings the plaintiff within the ruling in the Costello case. The final disability was cornpensable .. There is error; the case is remanded to the superior court with direction to dis miss the appeal from the commis- sioner."
 The plaintiff was injured on Dec 3, 1881 resulting in the JOSS of vision of his left eye. A finding and award was filed February II, 1888, in &C., cordance with which disability pay ments covering the period from the date of the injury to May 9, 1892, were made, as were payments for the total loss of vision of the eye for 156 weeks from the latter date
 In September, 1889, as a result of the original injury, the plaintiffs eye began to give him trouble ant! it was removed. This operation caused further total disability for a little oyer nine weeks. On Janu- ary, 1889, a supplenta, finding and award was filed ordering the de- fendants to pay the plaintiff for his disability during this period. The defendants appealed to the Superior Court from the 1899 award.
The Waterbury Democrat., 1940-12-11
FrdterndL NeUs
Daughters of Columbus

The Daughters of Columbus So- ciety at their annual election last night in the Liberty hall re-elect- ed Mrs. Antonetta Augelli as pres ident.
 Elected vice-president was Miss Sofia Iannaccone and Mrs. Car mela DiFederico was chosen finan- cial secretary. Miss Concetta Fusco was chosen corresponding secretary and Mrs. Flomena Ian naccone, treasurer.
 Other officers elected were: Counsellors, Mrs. Rubino DeMec- ca, Mrs. Maria ScarZella, Mrs. Teresa Torretti, Mrs. Mary Der nardi, Mrs. Giuseppina Pizzuto, Mrs. Mary Covelli, Mrs. Linda Fal- zone, Mrs. Mary PiScotti; sick callers, Mrs. Liberata Seabioli, Mrs. Maria Rosa; trustees, Mrs. Nellie Fabiani, Mrs. Olga Colangelo; sen tinel, Mrs. Lucia Mongeluzzo; orator, Mrs. Anna Mastroianni; society physician, Dr. Rudolph A. Damiani.
 Installation ceremonies will be held January IA at Liberty hall.
The Waterbury Democrat., 1940-12-11
Elks, Waterbury Democrat Arrange Christmas Party
DRAFT BOARD
 CLERKS PAID
Receipt Of Checks Today Ends Speculation =
 Draft Date Selected

Receipt of more payroll checks today brought to all local draft board employees at least part of the pay for which they have been wait ing since last October. Clerks and typists for some boards have been paid in full to date, but other have additional pay still due.
 The payroll tangle was straight ened out after a state conference, following which Connecticut Selec- tive Service officials conferred with authorities at Boston. No further difficulties in payrolls are expected.
 Jan. 13 has been selected as the date for the next Connecticut in- duction, with 662 men to be, called for service on that date. Quotas for the four Waterbury boards and the other boards about the state will probably not be fixed until next week.
 The Connecticut induction date is 10 days later than that for the rest of .ew England. Draftees from this state will be sent to Fort Devens, Mass, for their preliminary period then assigned elsewhere for the rest of their years training.
 The four local boards have enough men already classified as IA to fill as much of quota as will probably be given here, unless. there should be an unusually high num- Der of rejections by army physic- ians. Ever since the first local re- cruits left here last month, boards have been busy building up a re- serve of men eligible for a call when issued.
 The January quota for Water bury is expected to be- between 40 and 50.
The Waterbury Democrat., 1940-12-11
$l2,OOO REALIZED
 FROM ROLL CALL
$l5,OOO Mark Expected To Be Reached For New High
 Since World War

The goal of $12,0OO for it's annual roll call was passed yesterday by the Waterbury chapter of the American Red Cross. Expectation of the $15, ,O0C mark being reached is hopefully en- tertained, Mrs. Edith E. zadd, exec- utive secretary announced. If the peak of the $15,000 is reached 1t will be the all high since the World war and present indications show the figures are exceeding that mark The chapter reported receipts at $12,86092 to date.
 The local chapter also announced the appointment of Al first aid in- Structors who have completed an intensive training course conducted by instructors, Frank D. Holland and Dr. Andrew Jackson. The men who have completed the course in Nov. g. are Henry J. Mellon, Judson Rigney, John J. Corcoran, William H. Cor coran, Michael J. F1aherty and Mi chael Hanlon.
 Today's receipts received: Water plry ME. So., SSU.00 aQQ1tlOnal: Root & Boyd, Inc. $7; Waterbury Public Market, Inc. $5; Consolidated Motor Lines, $19: VERY Radio Sta tion, $2;. Woodbury branch, Miss Lottie Hitchcock, chairman, $14.5C additional; Southbury-South Britain branch, Mrs. Robert Mitchell, roll call chairman, s8270 addition; Bald- win street, 1882 to 1586, Mrs. John Donahue, $7.15; Starview avenue Mrs. George Trainor, $14; Chase Park avenue, Miss Victoria Reynolds $3.75; Frost road, 55-115, Mrs. Jesse Bellmay, $6.50; Frost road, 266-313 Margaret Gruess, s; the Ingersoll- Waterbury company, division of Wa terbury Clock Co.,, SIS; office sub- ScriptionS, S7.
The Waterbury Democrat., 1940-12-11
Compensation Agreements

The following agreements, all lowing for compensation for in- juries suffered while working, were filed with Compensation Commis- sioner James M. Lynch today.
 Ermino Perrin, of Middlebury, from the Chase Brass and Copper O., S19.9S weekly beginning Nov. 5 for a back strain.
 Josephine Ventresca, of 24 Rose street, from the Waterbury Button Co.,, $9 weekly beginning Oct. g for an injured finger.
 August Doefier, of 16 Byron street, from the American Fast ener O., $7.52 for 6 2-3 weeks, for One-third loss of the use of his little finger.
 John Brick, of 194 Walnut street, from the Waterbury Button O., S1S.69 weekly beginning Nov. "A for a lacerated left arm.
The Waterbury Democrat., 1940-12-11
Loew-POli's

their annual Christmas party, an event which draws thousands of Riddles from all sections of the city and suburban towns.
 The party this year has been deft- nitely set by the sponsors for Sat urday morning, December 21, at Loew'S Poli theater at 10 o'clock.
 Elks Committee
 Exalter Ruler Harry x. Cashin, Past Exalted Ruler Jarvis and John P. Fitznaurice, secretary to Mayor Vincent A. Scully, comprise the ar- rangements committee for the Elks. Assisting them are Edward Fitz- patrick, manager of Loew's Poli theater, and E. Vincent Maloney, editor of the Waterbury Democrat, and George T. Dillon, state editor.
 No money will be asked of the children for admission, but instead, each boy and girl attending the diversified program planned, will be obliged to donate some kind of canned goods, a loaf of bread, or a small bag of potatoes, carrots, apples or the like. AS each child enters the theater his contribution will be placed in a pile in the lobby Later. sponsors of the party will take the donations to the Elks Club where they will be neatly placed in baskets and distributed the following week to needy local families.
 A special Mickey Mouse film, one which has not been shown in the city to date, will be one of the many features offered on the benefit pro- gram which is expected to last until noon. An augmented local orcheS- tra will be secured some time this week to provide music for the chil- drem from 9:30 o'clock until 10 o'clock. Plenty of Christmas songs will be played and the kiddies will be welcome to lend their voices in community singing.
 Western Feature A special western feature with a name cowboy in the leading role will be another attraction the kid dies will be sure to enjoy. Last year Gene Autry and Smiley" Bur- nett were the principals in an ex- traordinarily good story of the west
 Mothers and fathers have been