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Show II ' UTAH LIBRARY Vrfi UT.TY J1 t wL SALT LAKE CITY, UTAH, JANUARY 28, 1928 VOL. 7, NO. 4 Making Children Pay. 0 Bootleggers Damages Draws Fire of Attack $1.00 A YEAR UNITED ON SMITH IN PENNSYLVANIA Along the Concrete Governor 'a Give Candidacy Hope of Compromising State Democratic Discord. 0 PINCHOT PLANS $ LEGALITY OF ACTION OF LOCAL JUVENILE COURT MAY BE QUESTIONED IN SUPREME COURT APPEAL one-hal- Good Families. The children involved in the marter all come from good families and the boys are honor scouts which resulted in an errort on the part of the scoutmaster to get a re hearing on the rase. He succeeded in getting a rehearing which is reported to have been prefaced by an announcement of the judge that he hnd not changed a decision or his since he had been on the licnrh. The didn't result In any alteration of the original decree. Representations were mane to the court It is stated, that two mothers Involved are supporting children by washing and scrubbing and one of these was handicapped by a broken hand. One of these mothers hnd "damages" or 920 assessed against her two children. It was made plain that meant payment of these damages taking bread from the mouths of the children. But Buttery's piano hnd been damaged -- at least he said so. and he had to be recompensed for it. Information In (he hands of federal prohibition authorities Indicate that the damago to Buttery's piano was done during a boose party at the K street house before the children discovered the still It is stated. I cooperation. All factions of the party locally were represented at the dinner, although John ODonnell, chairman of the Democratic city committee, against whom most of the attacks were directed, was not present. Roland 8. Morris, former ambassa- AL SMITH MAJORITY SEEN ON FIRST VOTE Dem Discusses Results of Boulder Dam Hearing Swing-Johnso- Secretary Hoover, Republican, of California, apparently far in the lead for the presidential nomination, the trend to Governor Smith has become ao pronounced that his selection as the Democratic standard bearer, in the opinion of unbiased political observers, appears reasonably assured. Since the withdrawal of V. G. McAdoo there has been no outstanding opponent to Governor Smith and those in the party who object to the liberal leannings of the governor are reported to be about ready to concede bis nomination by default. . As a result of the developments up to this time, the backers of Governor Smith expect that he will get a majority, or within a few votes of a majority. when the first ballot la taken at the Democratic national convention, which la to meet in Houston, Texas, on June 26. These backers are fighting to assure an actual majority, and some seem satisfied that this can be s accomplished. It requires a vote to nominate, but the Smith fol-- . lowers are satisfied that if their candidate starts with a majority the needed will be obtained by the fourth or fift ballot States Claimed by 8mith Men. There will be 1,100 delegates, thjis requiring 551 for a majority, and 734 to nominate. A list has been prepared of slates with 584 delegates in which Governor Smith's followers assert. he is dominant. That he will get all of tlu-sdelegates on the first ballot. Is, of course, not contended, ax in several instances the delegations will be split. But his supporters are satisfied that j his total from this group will not be much under 500 and that with the scattering vote that can be obtained from other states he will obtain a majority on the first ballot. Tlx- - list two-third- two-third- a e badly licked. Several members of the committee who are rated as lawyers of the first rank, assured us that It we were to lay down on our equitable rights, the United States supreme and reclamation. court, in their opinion, would bold Both, the house and senate commit- against us in many Important particutees. apeared to be rather strongly lars in cases arising out of the conmeas- struction of a dam under a six state in favor of the Swing-Johnsoure when the throe western governors compact. In other words, If we are arrived at the national capital, ac- thoughtless enough to sacrifice our cording to Mr. Dern. In fart, lie de- equitable rights in this situation, these clares. it seemed for a time that neith- lawyers think, the supreme court will, er committee was open to argument. in matters brought before it later, not However, after hearing the arguments give any too much weight to our legal of the Arizona, Utah and Wyoming rights. executivea, the atmosphere of both At the committee hearings the Colocommittee rooms became much more rado delegation stood solidaly with friendly. Utah against congress doing anything at this session, while New Mexico and Clear Explanation. This was indicated by Representa- Wyoming also stood firm, though pertive Hudspeth of Alubama, who is haps not so strongly. Proposals advanced by Mr. Swing quoted as telling the three governors afterwards that their exosition of the and others that means nitgnt be found attitude of their respective states was to comiiensate Arizona for the use of e the dearest he had ever heard, and her natural resources under a that not until he had heard it. did lie rompact, carried little appeal. The have a full appreciation of the situa- Arizona executive, Governor Hunt, remained in Washington when Governor tion. said Governor Dern left. The ArizonHn decided to Unfortunately." Dern. the edge was taken olf our ar- stay at the capital for a week nr two guments to some extent by the unex- longer, according to Mr. Dern, when pected and deplorable speech of Ward some of the committee members exBannister, representing tlx city ol pressed the belief tlfut a situation Denver, who deserted the cause ol the might soon develops under which seven-stat- e compact and spoke in fa- Arizona and California rould get tovor of the Swing-Johnsomeasure un- gether and roach an agreement, in der a six state compact. Tills was an this event the way for complete rati- compact unexpectcd blow, and since Mr. Bail - ficiiiinii of the seven-staton-neup. nlster had been i milted to take jiurt, would he unexiM-rtedlHowever. Arizona and California at his own request, in all tlx- - conferences held at Denver in which it was! were not negotiating In any way at the lime the Utah executive left the decided to stand firm on a seven-statcompart, the blow was really below capital. If a negotiable sit nat ion sud- denl.v develoies as some of the coin the belt." mil tee mem tiers seem to expect, reDenver. Stops at , On his way home Governor llern believes. stopped over at Denver Thursday fori While in the east Governor Iiern a conference with Governor Adams of visited relatives hi New York and ('Id Colorado on the subject of Mr. BanAlso, while In tho windy city nister's action. The Colorado execu cagn. he hroadeaslod an address on the suls tlve assured the Utahn that Mr. Ban- jeet of tlx Boulder Dam over station nister's Washington speech did not In "WMACJ." the Chicago Daily New any wise represent the views, either of himself or of his stnte. Following the hearings Mr. Swing and Senator Johnson both suggested A1 that possibly the measure they are ml vocal ing could be redrawn so ns to satisfy Utah, Wyoming and Colorado. and thus overcome the object ions ol S. DillingIhtae states to a pact. Thlx! BLACKFOOT, Ida.- -L proposal however was iminediaiely ve ham, chairman of the Democratic toed by Governors Emerson ntnl I tern, state central ronunlttee, was in route to Boise, lie feels who made it plain that they would Blarkfnot sure that A1 Smith will he nominated stand by Arizona for a seven-slat"There is pact, as long an there is the slightest liy his party for president hope of ever reaching an agreement no other outstanding candidate. said "Next to the presiMr. Dillingham. on a sevenstatea basis. dent lie Is the most prominent man In Arizona's Rights. Both Utah and Wyoming feel (hat the entire country. Mr. Dillingham rame here to get Arizona in entitled to full compensation for the use of her natural re- formal Invitation to hold the ronven-tio- n lor the nomination of delegates sources, declares Mr. Dern. and the Black-foo- t rights of Arizona In this connection to the national convention in estabrould not lie aarrlfleed without lishing a rperedent under which the The kitrhen Is not the place for old rights of Utah and other states might shot's. It is better and In the be brushed into the discard. One thing we learned at Washing-Ington,- " long run cheaper to buy and wear says the Utah executive, Is working shot's that are senslhle and that if we rely solely on our legal comfortable. The gain in heulth and rights in this nintter, we might he efficiency makes the prartlre popular. votes, which first to Governor Ritchie; didacy and Lewis C. Cassidy with his in the other group are whole-hearteboosters for the New York executive as the next president. Joseph Guffey of Pittsburgh, national committeeman, has given his endorsement to Smith and predicted that most of Iennsylvanla'a seventy-si- x associates d delegates to the national convention would stand firmly for the governor. Others prominent in the party in this state have declared confidently that Smith's nomination is without question, and that Pennsylvania's delegation will make itself far more emphatic in that decision than it was in 1924, at sev- lf be definitely known. It is generally exacted that he will swing Philadelphia vote to Senator David A. Reed in return for the support which Reed gave Vare on the floor of the senate during tlx first clash over the seating of Vare nnd Frank Smith of Illinois. But whether Senator elect Vare If finally ejected, will be able to get hack into the fight for the scut at the primary is another question. Pinchot Plans New Battle. The prospects of a grim battle to rival 'that of 1926 have taken definite im-- turn! tills week. However, with Hie supporters of former Governor Gifford Iinchot Ids friends have long suspected that his defeat by Van for the senatorial nom-- i illation did not mark the end of his political ambitions, nnd they will not be surprised if he soon makes a formal announcement of Ids candidacy. Most of tlx- - preliminary work is being done by P. S. Siahlin-cker- . the former who is Interviewgovernors ing labor load'!s and prominent drys and getting the general lay of tlx opi ning of a survey by e n Smith, e one-ha- n Smith Strong for Says Nomination Sure when Governor eral stages of the balloting, had thirty-ninand votes as his highest bid from this state The last few days likewise have provided some interesting developments in the Republiran situation in Pennsylvania, particularly in anticipation U. of tlx S. senatorial battle In the spring. Until the senate takes further action on the Vare case the part William S. Vare himself Is destined to play in the primary will not six-stat- six-slat- e land, with 16 among the progressive Democrats" over how the party is being directed here, there appears to be complete unanimity of feeling toward Governor Smith. Chairman ODonnell is favorable to his can- Such was the declaration of Gov ernor George H. Hern Friday morning, upon his return from Washington, where he had been for several weeks attending the meetings or the house and senate committees on irrigation ' poriant favorite son stall's which are exjiectod to give many additional votes to Smith after trying out tnetr own candidates These include Mary- All United For Governor Smith. In spite of the dissatisfaction n Is-rn- will go Missouri, with 36, which will go first to Senator says. James A. Reed, and Ohio, with 48 I am referring to the cases in dewill be instructvotes, which tail to you in the hoiie that there ed for formerprobably Senator Imiierene. might be some legal way to effect settlement of the rases hereto attached, and to stop what might be termed rests and prosecutions of law violavicious practices so tnat the tions in 1927 than In 1924. Of course, revenue which Salt Lake City cor- a partial explanation for 1927 may be poration Is entitled to receive through that out of 1388 rases filed during the this court may be realized. The drop year 453 are in the unfinished rlass in fines aud forfeitures from 920.122.85 no further art Ion' and continued in 1824 to 98200.33 in 1927 would seem without date. to call for more explanation than that Someone must be responsible for there have been, perhaps, fewer ar- - these conditions." ... dor to Japan, declared that there must come a new leadership of the party in Philadelphia; it must no longer be led by men who are taking crumbs from their masters table,'' while Cornelius Haggprty, Jr., said his hope was that from now on and in the face of the great national fight that is coming, Democrats will remain Democrats and stick together, presenting a united front to the Vare machine that is grinding the people of Philadelphia to a state of servitude so that a few men shall gather loot." Governors Backers List 27 States Whose 584 Delegates GOVERNOR SAYS UNFRIENDLY ATTITUDE OF COMMITTEES Will Be Mostly For Him. WAS CHANGED BY PRESENTATION OF FACTS. 300 HOOVER VOTES CLAIMED To attempt to venture a forecast concerning the Kultject of (The New York Times) WASHINGTON. With the national whether 'congress is likely or not, to pas the present convention! of the two great political bill at this or at any future session, would be risky business hence parties set for June and Governor Smith, Democrat, or New York, and I xyould not care to assume the role of a prophet in this matter. mentioned as follows; Fines imposed, nothing paid; fines imposed, partly paid; bonds filed, fines Imposed, nothing paid under Indefinite stay of execution; hearing continued to specific future date (case unfinished); rase No. 14,907, defendant fined 9200 to be I iald 910 weekly, released to defense attorney, nothing pnid, no fur tlier action (rase nine months old) case No. 15,930; defendant fined 9299 or four niounths in jail, fine not paid commitment not issued (no further action). "The above are just a few examples of the inefficiency and lack of attention and perhaps mutual evasion of the Judgment of the trial court," he cltlei to support Governor Smith of New York for president, which provided the climax for the Jackson Day dinner here last Monday night, is generally regarded as the most unifying step taken by the partys representatives in Pennsylvania for years. Along with the endorsement of Governor Smith there was in evidence a determination to purge the party in Philadelphia of those leaders who are accused of being hangers-oof the Vare Republican organization, and to build up some sort of working organisation with the 23,000 registered Democrats In this city as a basis. Tammany speakers brought comfort to those who had grown pessimistic over the party's slump in Philadelphia with Its present handful of Democratic voters and asserted that great things might be expected through complete up-stat- e . rea-sea-n to (The New York Times) or PHILADELPHIA. Decision Democratic leaders of Philadelphia AUDITOR ATTY. FOR CASH LOST TO this-case- K IS Expectsd Soon Announce Hlo Candidacy for tho Sonata. sSl Attack upon the legality of action by Judge Fred R. Morgan of the juvenile court in a axe suing a dozen or more Salt Lake Children $10 each as damages to a bootleggers piano is foreshadowed by action of some of the parents in consulting attorneys relative to appeal of the matter to the supreme court. Each of the children, It Is reported, was assessed 10 as his or ner share BLAMES of the damages" and In one or two In Instances the amount has been paid full though the decree of the court was CO. that each child should report once a S. L. CITY week with a payment of 91. have consulted by parents Attorneys advised those who have not paid the full assessment, not to pay any more and not to permit their children to Charges Laxity of County Prosecutor Results in 453 Out of 1368 Cases report in court weekly Being Unfinrshed. Proceeding Attached. These. attorneys It Is learned, have Attorney Wallace Kelly advised the parents that the whole hasIfnoCounty answer than to charge other proceeding was illegal and in direct me with cheap publicity, he seeking contravention of a ruling of the su- must be in very poor position to preme court of this state. with anything." This Alleged illegality of the proceeding charge anyone of City Auditor Alvin is based upon the contention that In was the retort when told that the county Keddlngton this case the children were dragged into court, some of them being pulled attorney had charged him withhisbeing exout of classrooms in their schools, a publicity seeker, following lax of alleged without notice or summons upon their pose Thursday, in Mr. Kellys ofmethods employed parepts or guardians. fice. The supreme court has ruled, it Is "The record speaks for itself, declaimed by attorneys in the matter Mr. Keddlngton, "and it was that the Juvenile court cannot legally clared not I, 'but Mr. Kelly, who made the unover Juveniles Jurisdiction acquire til it has summoned the parents or record."clash between the two officials The guardians to appear and produce the was brought about as a result of the children in court. This, it is claimed, was wholly ignored In the proceedings auditor's statement that Salt Lake City is losing thousands of dollars anin It is further Indicated that the pro- nually because of the county attorfines and forposed proceedings to test legality of neys failure to collect the courts action may also raise a feitures Mr. Keddlngton on Wednesday, subquestion as to the legal fight of Judge mitted a letter to City Attorney Will to hold office of the Juvenile Morgan H. Folland, asking his cooperation in same office at the the time, judge and, of city attorney of Murray, it being realizing, if that is possible, some of contended by legal authorities that the revenue the city is losing by of the alleged laxness of the such holding of two offices is in violation of the constitution and the stat- county attorney. utes. - And,. In . this connection, it-- is . The letter written the city law ofcohstltutel'a'se reported that investigation of other ficer" tiy the auditor of the slipshod methpoints relative to the qualifications of vere indictment ods of Mr. Kellys office. Mr. Folland the Judge are being made. Investigation of the affair discloses immediately announced that he would that Dick Buttery, who has a court take the matter up with Mr. Kelly and record as a bootlegger, owns or owned see what Could be done. a house at 62 K street, in the garage Appended to the city auditorsof letcity back of which some of the children of ter were ten typewritten pages the neighborhood discovered a still, court cases in which, it is alleged, the county official has been negligent some sugar and mash barrels. Soon the word spread among all the in not following them up td their logichildren or the vicinity that there was cal conclusion. Mr. Keddlngton said that out of a still in the garage back of the house during the year at 62 K street. Curiosity sent all the 1368 criminal453cases are unfinished, that kids to the place, and finding a tunnel Just closed, from the garage to the house they ex- is, grouped under the heading of no plored both the garage and the house, further action," and continued without date. it is said. In his letter to Mr. Folland, Mr. One little girl traced her name, Dorstates that he Inclosing a Butin on floor. Keddington the the sugar othy, an audit tery, who visited the place, found the statement showing results ofof the crimname in the sugar and claims to have of dockets' and complaints found that a piano in the house had inal division or the city court, at the been damaged. He located Dorothy city and county building, for the peand from her got the names of the riod beginning November 17, 1926, and other children who had visited the ended December 31, 1927, and showing cases which seem to have been plare. Buttery complained to the Juvenile forgotten or covered under the capcourt it is said. The children were tion no further action." he writes, It will be observed, rounded up and hailed into court without notice to the parents it is claimed that cases ranging from assault with by the latter and their attorneys. And, intent to kill to prohibition law visitait is further alleged, acting upon the tions, are included, and it seems to me sole evidence of Buttery, which he is Justification for the assumption that reported to have admitted was only those resiionsible ror following these hearsay, as he had not seen the dam- state cases to a conclusion have at age done to the piano, the court as- leat been very diliatory. sessed the children 910 each or a total City Declared Victim. Salt Lake City is the victim of a of 9150 for damages to Butterys piano," the assessments to be paid at practice that lias grown around the the rale of 91 a week. prosecution, and lack of prosecution The children. It is claimed, were not of cases in which the criminal divipermitted to take the stand and when sion or the city court hears state cases one of the boys injected the observa- which are prosecuted through the tion that Buttery was a bootlegger, he county attorney's office, in that a is alleged to have been reprimanded system has develoied or hearing cases and informed that "the gentleman, Mr. originating in the city court, by ti Buttery, was not on trial. justice of the peace outside Salt Lake After this hearing parents of some City, thereby depriving Salt Lake City f portion of of the rhlhlren. learning of the matter corporation of the from their children, went into court fines and foreitures it Is justly enand paid the assessments in full, un- titled to. He points out that our city der protest, and some of the other judges are ex officio Justices of the children have made partial iiaymenta, peace, and cases originating hero all receiving receipts showing pay- should not be transferred from their ments for damages to Buttery's jurisdiction. The auditor groups the 453 rases piano." COME-BAC- i land." When the suggestion was made a few wieks ago that Senator lteed might fare serious opposition in the forces of former Lieut. Gov. Edwin d E. Brldlemnn. one of the chief county leaders oulside the Mellon pale, the Idea was not taken seriously by most of the senator's friends. The name of Justice John W. Kep-hnr- t of the state supreme court was advanced as a prospective candidate or that faction, hut gained little serious attention. laitely, however. Justice Kephart'a friends say, he has been flooded with unsolicited letters urging him to declare himself formally and launch a real battle against the Mellon forces, sponsors of Reed. over three years old Children should have garments with a front g easier. opening to make Buttons should be fairly large in size and buttonholes should be firm. It Is a good plan to relnforre bands-wherthe buttonholes are to be worked. The buttons should be aewed on firmly and should have a long shank. seif-dressin- e |