Show JH£-SAIT1AK- Issued every morning bj BsJl Lass Tribune Publishing Company Frankfurter Honors Great Jurist ' The Tribune Is e member ol the Aseodeted Press The Associated Press is exclusively entitled to tbe to It or not otherwise credited In thle paper and also tue (or reproduction of all news dispatches credited the local newa published herein Salt Lake City Utah Tuesday Morning: November 1 1938- TRIBUNE K - t By TUESDAY MORNING NOVEMBER 1 1938: Out of War To Keep By'McCutcheon Joseph Alsop and Robert Kintner ' WASHINGTON— As ' Standing on the brink of eternity at the end of a misspent life John Deering made a ofpathetic gesture of contrition when he his for and to science eyes fered his body beneficial service His confession his wil lingness to return to the scene of crime his snhsprpippt conformity to rules and requirements of his captors his refusal to plead Innocence or insanity his demand for a inspeedy hearing and an early execution dicated the presence of qualities in his make:Up that would have brought respect approval and success in any line but that ©f crime At the age of 40 Deering had spent 20 years behind the bars in one prison or an- for a variety of crimes and Sther Under confinement he cultivated a sort of stoic philosophy which deadened his sensibilities and reconciled him to fate Such a paradoxical personality incorrigible right yet intelligent and able to distinguish vicfrom wrong with apparent pity for-hi- s tims but a resistless urge to lengthen the list with contemptuous defiance of law and an impulse to dedicate all at his disposal to aid humanity — would have been a study and a client prized by the late Clarence Darrow Around such a subject the great criminal lawyer could have woven an aureole with his sympathetic imagination might have blurred the record with an overflow of his lachrymal reservoirs and played upon the heartstrings of jurors with his rhetorical and histrionic genius He cotild have delved into "a misty or mythical past for prenatal influences pathological transmissions demoralizing environments insufficient nourishment social ostracism bewildered desperation and unreasoning resent‘ f m ment After all who can say what steps what stumbles what detours what hurdles and handicaps any designated person may have taken between the cradle and the grave? Until further development of evolving surgery of the brain who may know what sins of omission or commission what Sets of brutality or depravity are traceable to some clotor convolution some scar or bruise some congenital deformity of the nerve center never discovered nor corrected? Society organized to protect itself from leaving to Injustice and inhumanity chance and the future the cure of evils it merely punished Laws based on human experience and established principles of fair play have been enacted by recognized authority to be interpreted and applied by competent tribunals and enforced with There courage vigilance and impartiality may be leaks or lapses but the purpose of the law is to protect lives and property within the scope of its application so those who disregard it or wilfully violate it or become “a law unto themselves" are accused h&ard and adjudged perhaps convicted-and sentenced to suffer some penalty deemed adequate as a safeguard to the public and a warning to evildoers as well as a fitting punishment for commission of the forbidden deed The unfortunate individual whose life has just been taken because he wilfully took the life of another expressed a wish to leave three legacies that may serve some useful purpose: He bequeathed his body to a collegiate class for dissection offered his eyes to a worthy blind man and left his sample 10 the world rime-does not pay unless'1n the words-Paul it is paid in “the wages of sin" Which is death MW the time of Aw about the president’s forthcoming ingenuity was sorely taxed to describe the supreme court appointment conaction &nd procedure in diplomatic lanstantly Increase If all of them should come true the president guage would have tSq name a whole tenthe case that will settlement Any benchful of justices mostapf them the of continuance neighsion and justify bad unborly concern and protection to which It is said that he Is deeply Immilitary republics notably Mexico owe pressed with the seettonai argument of the organization Demp-- ( their independence and existence will be choose a 'of general benefit even if Mexico’s chief crate and r-will therefore It is said that he customers for oil may qot buy as much aT‘ “Westerneshares the view of pertain left they promised when war in Europe seemed wing extremists that the court is imminent a constitutional superfluity which ought to be discredited aqd will therefore make some such"“U:s-creditabWars of Imagination choice as Senator Sherman Minton of Indiana It is said Cause Hysterical Casualties (ahd very ridiculously unless the and the New York govpresident in scare The recent war Europe the ernor have concealed unsuspected constant booming of cannon on two contivulgarities) that part of the deal by which Herbert H Lehman is nents the roar of bombing planes and running for reelection is the nomscreech of descending missiles of death the ination of his brother Judge Iry moans of dying mothers in hovels and maring Lehman to the high bench beof babies The truth is that no one on starving ketplaces the wail earth but the president himself side mangled forms that gave them birth knows who will get the great ofechoing and flashing around the earth fillfice and probably he has not ing people’s ears from radios and staring at made up his mind Meanwhile them from every issue of the daily press in spite of the foolish pleading of has made the reading public apprehensive certain tinjorops Jews that his will provoke nomination jittery and hysterical Professor Felix FrankWhen a famous broadcasting system enfurter remains the outstanding tertained mrllions of listeners Sunday evecandidate He has on his side ning with a dramatic recital of an imaginaoutstanding fitness great persontive tale by that versatile genius H G al distinction a splendid record Wells entitled “The War of the Worlds” of achievement and the watra thousands took the program seriously and support both of the White Houses circle and hundreds of the most hid in cellars or took to the hills to escape influential conservatives in the the wrath of death dealing invaders Telecountry phone operators were kept busy answering the question “Is it true the country has Ideal Justice been invaded by men from Mars?” Under the circumstances thereIn sophisticated Providence the Journal fore it is news that Frankfurter was besieged by Rhode Islanders demandhas summed up his ideal of a justice of the supreme court in three ing particulars of the attack In cultured Boston were found witnesses who claimed paragraphs of beautifully lucid These paragraphs which prose to have seen a hostile squadron dropping should find a permanent place in fire from the skies In the northwest wothe library of American historical men fainted and men collected their treaswriting form the peroration of ures ready for flight In the towns and his new book “Mr Justice Holmes cities of Alabama Indiana Virginia Caliand the Supreme Court” They are the fitting close of an expofornia and mariy other states people ran sition of the supreme court's about frantically inquiring for particulars place powers and functions more Here in Utah or praying for deliverance lucid and acute than our generathe panic took hold of only a few imagination is likely to see again They tive residents who kept The Tribune-Tele-grari- follow: "Mr Justice Holmes brought to occupied for a time disseminating his work a sense of history His reassurances and explanations traditions were founded not on Several cities have held indignation fear but on knowledge and his meetings demanding a federal probe of the rejections came from knowledge scare One United States senator proposes not from the blindness of prejua strict censorship on programs calculated dice He left the issues in the to disturb public serenity It seems incrediarena where they belong He ble that so many intelligent people scatknew that Judges in their way legislate" and therefore didJot tered over the entire country could be thus propose that they should undermisled when the proposed performance mine the legislature's power to was announced a week ago and defined at legislate ' He knew too much to least fojir times during presentation of the believe that it was within his thrilling adaptation of Wells’ fantastic conpower to save If it was within the legislature's power to ruin ception of a future war ‘I believe with Montesquieu’ In some ways the disturbance was unhe said ‘that if the chance of a fortunate but the consensus of comment battle— I may add the passage of indicates how unprepared Americans would a law— has ruined a state there be in a similar eventuality was a general cause at work that made the state ready to perish by a single battle’ or law’ Therefore whenever he upheld as he New York so often did legislation in the substance of which he disbelieved By Charles B Driscoll he exhibited the judicial function — BALTIMORE Oct 31 There is a feeling at Its purest He transcended of stuffiness that comes to me once in a while his own preferences for he was when I’ve been in New York for a long time the guardian of the country's without relief I lovq the town yes But at past present and future And irregular intervals I wake up with a fetart so he wps’as modern vhen he saying to myself “If I don’t get out and see ended his work as when he besome people who aren't in a rush I’ll be act- gan it —“ -- Test of Truth days or hours from talk about a hundred' Thff constitutional opinions “Front thousand doHarsJn smoke-fille- d elevators and of Mr Justice Holmes there elevateds!’ Yes they still talk emerges the Conception of a naabdut a hundred thousand though they’ll tion adequate to its national and make it a million If anybody seems to be lisinternational duties consisting of tening federated states in their turn possessed of ample power for the So I talked-myseinto believing that jny diverse uses of a civilized people writing stint was up to date and waved good-b- y He was mindful of the union to my patient wife and Captain Kidd one which he helped to preserve at early morning Frank Markey old friend who Balls Bluff Antietam and Fredis nearly always willing to go along “to hold ericksburg he was equally alert the horses” joined me in town and wo were to assure scope for the states off through the Holland tunnel and away upon which the union rests He over the New Jersey marshes - le rt Highlights Mexico and Oil Companies Considering a Compromise -- lf One of the latest reports from the land of controversy and confiscation south of the Rio Grande indicates that some sort of settlement is pending between the dispossessed oil companies and President Smoke from the recent oil tank fire’ at Several plans have been submit — Linden N J still filled the air for 40 miles ted by a committee representing American You were enveloped in it as you passed the and British interests but acceptance by the Newark airport and wondered how pilots Mexican government is problematic and find the field Many acres of tanks of oil and is to adherence any bargain agreed upon gasoline burned The fire itself was out in to two days but the smoke pall held down by an additional problem which may have fogs that spend so much time m this part be wiped off the slate of the world drifts on Proposals have been made to surrender without further complications the oil wells Driving through the Holland tunnel aland leases provided the pipe lines and reways makes me tense I grip the wheel so that my hands ache You’re required to drive fineries are returned to the owners thereof fast and it seems much faster with walls so As these articles of personal property canclose When you pass the slower-goin- g trucks not be expropriated by any stretch or inthat fill the right lane distance between your 17 Mexican the of of article terpretation left front wheel and the concrete side of the constitution there is no legal or moral jusplatform usually seems pitifully small Twice I’ve been in the tunnel when accidents have tification for holding theipoccurred Not very serious but bad enough to Another plan would permit America block one traffic lane bring on the red lights and other alien companies to resume operafrbln end to end and cause screaming sirens tions on Mexican soil under an obligation to clear the way for emergency trucks In rethunerasame to pay Mexican labor the such- - cases I’d a little rather-be- out In --the tion as that paid in United States oil fields open air somehow —either in higher wages than heretofore We head for Washington taking a' route or in heavier taxes to create a fund for the around Philadelphia to avoid some of the city benefit of the peoh class of workers — traffic Please no big cities! Welf WashingWere either’ of these" proposals deemed ton yes But the national capital is different-Wid- e avenues pleasant vistas Gre’ek temples satisfactory to be'ratified by the congress Instead of office buildings and monuments to and promulgated by the present chief exa great people’s power and majesty Yes that ecutive there is no assurance that the would be restful adof would a outlive agreement change That is one1 pf the difficulministration Away down itTTowff'New' Jersey We cross the Pennsvllle jerry to New Castle Del In in Mexjtv ties bt the way ©1 doing this ancient? town We Each new administration seetns to feel imis a sort of New York that has never lost its been to done what has repudiate pelled innoeence for everywhere are the same old before Dutch names that one finds in the honorable Confiscation is no crime when the courts annals of early New Amsterdam Petrus Stuyvesant laid out this town comuphold It and the judge who fails to stand mon city square pr "Market Plalne” as It by a president south of the Rio Grande is is called on the old marker Yes that dame subject to transfer without notice The Stuyvesant who ”was governor of New Amseizure of these oil properties was in viosterdam now New York! And ber® is an old lation of the laws and constitution of Mexis church with gravestones afld co- But the supreme court of that nation reciting the virtues of men find women and babies who died m the 1600s and’ later validated the injustice and Secretary Hull’s Car-den- as '' - - bronze-plaque- ' : Ernest Lindley rumor of shake-u- p In the cabinet "1 trickling through the middle layers of the administration It cannot be traced to any authoritative hint from the president But persons who should be in a position to know are convinced that he wishes it were true Similar rumors could be heard just before and after the 1936 election And some Individuals close to the White House felt then that the president wished the rumors werr true These rumors of a general shake-u- p must br differentiated from the unending stream of rumors concerning the impending resignations of various individual cabinet members There is scarcely a person in the cabinet whose resignation has not been forecast in print or by word of mouth from one to one hundred times during the last few years These prophecies sometimes originate among ambitious candidates for cabinet posts Sometimes they spring from injured feelings or disappointed Henry Morgenthau Jr has begn rumored out of the cabinet so often that he has become thoroughly accustomed to it In fact he is and always has been Impregnable in his treasury post Harold L Ickes has roiled enough people including some of hls colleagues to blast himself out of the cabinet If rumors would do It But hls position like seems to be Gibralter-lik- e Henry Morgenthau’ Henry A Wallace never has been the victim of serious resignation rumors He is completely immune now since nobody else seems to be aching to tackle the farm problem in its present condition Hull Secure Secretary Hull’s position has been too obviously secure to be challehged even by rumor for more than five years But every other member of the cabinet has been beset at various times by reports that he or she would seoh retire — or ought to And two of them— James A Farley and Homer S Cummings— have talked about returning to private life for financial reasons In tact Mr Farley was ready to step out of the postmaster generalship — although not the chairmanship of the Democratic national committed — and into a good job when the 1937 depression upset his plans But as yet the only changes that have occurred since Mr Roosevelt's first Inauguration have been those caused by deaths of William H Woodin secretary of the treasury and George IL Defn secretary of war Probably no one would attempt to argue favor-seeke- -- ©f ' By WASHINGTON— The decision draws nearer the rumors Crime Does Not Pay Except in 'the Wages of Sin' Cabinet Shake-u- p Rumors Seep From Washington would not by paralyze federal power over commerce beyond state lines nor hamper the states in grappling wjth'' their local problems by a provincial or partisan application of the fourteenth amendment He found the constitution equal to the needs of a great nation at war but according to the ame constitution the individual must not be sacrificed’ to the Moloch of unworthy fear "Serenely dwelling above the sound of passing Shibboleths Mr Justice Holmes steadfastly' refused to hearken to the dm of But his humility the moxpent was too deep to make him regard even the highest tribunal as a grand lama Like all human in- -' stitutlons the supreme court he must earn reverence believed through the test of truth" sterile-abstractio- The Important Thing Those words for all thelr brief compass aqd intended tribute to a dearly loved friend describe the perfect justice as he has not Been described before In the" preceding pagej? of Frankfurter’s book the description is enriched and amplified in deeply moving Si mthexivillihfirtiesron property and society) on the nature of the American system To hesure his words must have coma easily to Frankfurter for the great Holmes was as near being the perfect justice as a man could be Yet It is vastly important that Frankfurter conceives so clearty what a justice ought to be and do He will not make another Holmes! —that mold was already bepken when the “autocrat of the b&rak-fiitable” heard the first squall his young son st THE PUBLIC FORUM is - - - Urged Forum Rules ' For Safer Driving Editor Tribune: The people'of Idaho and the United States are still killing their friends on the highway I was surprised to read a statement that said: “One-fift- h of American drivers avoid risk colof suddep death in head-o- n lision by less than one second” This is one of the reports of psychological investigators made at the annual meeting of the American Psychological association No driver apparently will ever admit that he has been careless' drove too fast or was reckless It is always the fault of some other person or caused unavoidably A recent example in my observation was the driver of an Arizona car who fell off the highway because it had rained a little He turned 'Over three times but of course wasn’t driving fast or recklessly He didn’t even have horse sense because horses slow up on slippery ground Another driver met some crickets on the highway Hundreds of cars passed in safety but the next driver didn't have any better (iitteri appearing m true column do not txpresa the view of Ibe Tribune They are tbe opinions of contributors wttb wbicfc The Tribune may or may not agree The follow ing rules govern contributions: 1 Lettsrs limited to Jpu iwordi Preference given to short com mu si Write legibly and nlcatlona clearly on one efae of the paper only 3 Aeltploue and racial discussions barred Partisan or personal political comment cannot be printed 4 Per6 sonal aspersions prohibited tt etical contributions not wanted Letters may be barred for obvious misstatements of tact or for state ments which are not in accord with fair play and good taste 7 Ihe Forum is not an advertising medium Writers must sign true names 8 and address In Ink Letters 4viU be carried over assumed name it in all cases writer so requests however true name and address must be attached to communlca The Forum cannot con 0 tlon eider mors than one letter from the same writer time judgment than the crickets and he blamed the poor cricket for throwing him in the barrow pit The cricket and the driver had not judgment ‘enough to protect themselves So I will conclude with theold adage: “We never can see ourselves as others see us” In our instructions to the people by moving picture talks and Senator From Sandpit What you don’t know worry you— Old Sayihg don’t" when Walter kept reiterating that there -- had been no disaster in New Jersey we wej-mildly interested and wondered what it we was all about Perhaps thought Mayor Hague has been cutting up again and dismissed the matter from Sundaynight Winchell our minds when we But saw the paper la the Worning and read how wrought up folks had gotten all over the country we were glad we had been tuned There’s in on the other station no telling how silly we might have acted had we tuned in just as they were announcing that the army ai)d navy had Been wiped out by the invaders We’ve listened to so many political talks on the radio lately that we’re apt to believe anything and act accordingly But as Shakespeare said “There is some soul of goodness in things evil would men observingly distill it out” And there is a good lesson to be learned from SunWhile day's misunderstanding we cannot expect to protect ourselves from attacks by superhuman beings and agencies we can be prepared to defend ourselves and our institutions against the assaults of uur known enemies g on the radio a strict censorship as suggested by brilliant "There ought - to Herring senator from Iowa ib not the yay to do it either Notes on the Cuff Department In my file I found the fallowing not from the city editor:-“feminine admirer called and said s!fc wished to heaven you'd lay off concerning your’ teeth She said she is darned sick and tired of reading about them ‘AfteraH’ she of a "personal nature and no one gives a doggone about it but you’ ’’ All right all right but I can do withouKthat kind of admira“ tion And another thing— it’ tf amazing the city desk or any other editorial desk for that matter is in delivering bad news: Now if the lady had said that she heartily enjoyed the teeth episodes she'd haye been considered "just another mental case" and I'd never heard a word about it Oh well- how-efficie- Note to June Nickle Barney Monroe Utah: Thanks for sending in your rhyme Can’t use it because of the obvious advertising it contain A writer named Percy Marks College Omnibus advises freshmen to analyze their par- in the ents Accordingly after some hesitation our son suddenly asked : “Dad are you and Mom Slavs or Bulgarians?" “Neither” I replied in surprise “Your mother is of English descent and I'm Scotch” "Where are your ears?” demanded my wife “He asked If we were snobs or vulgarians?" I declined to answer on the grounds that it might tend to degrade and humiliate me by Our Readers other 'public gatherings I find It quite easy to influence children and very difficult to influence We must rememolder persons ber that teaching and training must come from two sources by precept and example and I find 4he great difficulty with the lesson being permanent with children is that their parents or per- sons with whom they come in contact set a bad examplp A man chosen to train the Boy Scouts' starts on a trip with his car filled with these boys and exceeds the speed limit The boys having received proper instruction called his attention to the road signs but with no avail No wonder our training Of young people is ineffective Can we not take a look at ourselves and see wherein we are responsible for proper training by action as well as words? Yours truly D E Rathbun Chairman safety committee Idaho Falls Idaho Takes Issue With Hears! Speech Editor Tribune: Saturday October J3 Onq of America's imperialists William Randolph Hearst ‘spoke over the radio scoring the British imperialistic propaganda He said in his speech that the principles policies and purposes oT an European nations are es- sentially different from ours Are they? First of all Fuehrer Hitler is not the Gernaan nation neither is the British parliament the English nation I am sure it is the desire of every one of the nations in Europe to live and work in peace and enjoy the products of their labor as well as the American people do When Mr Hearst speaks of a nation the common people are excluded from his parlance To him anatioiwepresents imperialistic But be it noted that imperialistic business the world over has only one objective: tlje exploitation pf the common people It is only when the spoilers fall' But that their “policies and principles” begin to differ each one wantiiig the whole swag t" Mr Hearst also spoke of the United States as country having a true democracy Can a true democracy 'exist between master and hireling? True democracy is when and where everyone has am equal According to Mother Goose "say"’ In order to have -- equal Old Mother Hubbard Went to the cupboard say all must be on equal terms What about the To get hdr poor dog a bone economically —But-owi- ng many bloody and" violent laJ to thefacttfratshi didn’t know who the district or strikes going on in our coun- -' try? Do they testify of democward chairman was and couldn't racy? What about the millions of establish herself as an earnest negroes in” the southern states party worker the poor dog got who dare not venture to the polls none and vote Is that true democLittle Jack Horner racy? What about the old folk of our own state who have been Sat in a corner ' reduced to Hungrily longing for pie begging the powers on He realized however that inthe throne for “just a little bit as he was distantly remore"? Is this a democratic conasmuch lated to a prince of privilege and dition? an economic royalist his case was 'The difference between the totalitarianism of the U S and hopeless and he wailed: "What a poop boy am I!” that of dermany is only a matteg v of What degrees these have beThere was a crooked man come intensified M Peterson Who went a crooked mile And he found a crooked sixStill Touchy pence against a crooked business A school teacher one day during the drawing period suggested to her pupils that each draw what h t or she would like to be when grown up At the end of the lesson one little girl showed an empty paper "Why” said the teacher “isn’t there anything you would like to be when you 'grow up?” “Yes" said the little girl’ '3 would like to be married but I don’t know how to draw it” the-on- ly -- stile Whereat he sadly said to himself f “Being crooked I ought to be in politics where I'd have a chance to pick up something worth while" Operator— Number please? — Say" don’t get funny I’ve been usin’ a name for almost two weeks now! — Telephone Topics! - that post-electi- on rs Mr Roosevelt’s cabinet is a concentra- tion of unusual ability Several of its members have been overshadowed by the heads of newly created new deal agencies who in many instances have handled more 'difficult and more important jobs Many of the in the second and third tiers have achieved more recognition and in reality have been more important advisers on policy than several cabinet officers The original Roosevelt cabinet was no more than a neat piece of craftsmanship It balanced conservatism with liberalism age with relative youth It gave recognition to- the chief geographical sections of the country and disMost charged several political obligations important eight of its 10 members were tested personal friends of Mr Roosevelt’s who had supported him from the beginning of hie fight - for the presidential nomination The two who were not— Mr Ickes and Mr Wallace — proved to be among the ablest First Cabinet “brain-truster- s” - When the original Roosevelt cabinet was formed probably few observers expected it to remain intact for 'six or even four years period Louis McDuring the cabinet-pickin- g Henry HovVe Mr Roosevelt's loyal and often canny adviser expressed to this correspondent the view that the first cabinet ought to be shaken up within two years His reason was that room ought to be made for a few of the younger men who showed unusual administrative or political promise He had no particular younger men in mind but thought that some of exceptinal ability were sure to emerge in the early part of the Roosevelt administration Louis Howe's confidence that the new deal would attract to Washington younger men of unusual'capacities has been more than justified Some of them have been given highly responsible posts But the big cabinet shake--u- p has never occurred The current rumor that it will come off after the 1938 election carries with it an argument like the late Mr Howe’s: Thai the time has come when the president must give serious consideration to the future of the liberal movement of which he is the leader He evinced his concern for its future in the Democratic primaries this year But he has not yet made full use of the means at his disposal to bring conspicuously before the he public younger men of progressive men who will be needed to carry forward the new deal six or 10 years from" now if not in 1940 Mr Roosevelt always has been extremely reluctant to ask for the resignation of anyone who has been loyal to him But for the high purpose of projecting the new deal into the future perhaps he could drop a hint to a few of his cabinet Members without embarrassment to them or to him convie-tionsT-t- 1938 for The Copyright Tribune Off the Record “I guess it’s India all right” said Col as he waded ashore that October day “This Is Indian summer” urn--b- us 1 On the month’s showing alone judges of sport form believe the New York Yankees would be a sucker for an antitrust suit Comes now the salvage phase of the Munich peace— the Czechs picking up of thcir homeland the British cousin replanting the geranium in the back garden t “Sailor crosses sea in junk” says a headline sounding Btrangely like an admiral’s description of the fleet at naval appropriation time WELL i'll Tell You By Bob Burns v Did you ever notice the newer tha fes- taurant the more things they’ll have marked off the rjienu that they’re out Of? That’s Jmcanse the cook’s new too and hasn’t got on to- the ropes yet I know an old established restaurant out here that never ran short of anything until the old cook took a vacatlqn The minute they got a new cook they started rutihin’ short of cold chicken They put a detective on the job and he found that the new green cook was usin’-- the cold chicken to make chicken salad (Copyright 1938 for The Tribuna) |