The Lampasas Leader (Lampasas, Tex.), Vol. 45, No. 9, Ed. 1 Friday, December 16, 1932 Page: 7 of 8
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The Houston Post
Brings you all the news first, in the morning when you
have tfme to read and your mind is clear and can retain
what you read.
BARGAIN RATES
By Mail Only in Texas and Louisiana
Good to December 31, 1932
DAILY & SUNDAY
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MILLION DOLLAR
EMBEZZLER FOUND
NEW YORK, Dec. 11.—Walter
Clyde Davis, 50, described by police
as a fugitive from Colorado Springs,
Colo., where he allegedly embezzled
$1,000,000 as president of the Colo-
rado Springs Building and Loan as-
sociation, was taken into custody to-
night. .
Davis, who has been sought since
'last June, was taken in front of an
apartment house in Gramercy flpark
east where he said he had been liv-
ing for two months under his own
name.
Rewards totaling $1,100 have been
WANTED
Eighty-five men, women and chil-
dren in Lampasas to be a Santa
friend this Christmas. A committee
has made out a list which contains
eighty-five names of children in Lam-
pasas who will not know there is a
Santa this year unless you act. This
is what you are to do: Go to the
Majestic Tailors and tell Othel Smith
you will be a Santa friend. He will
show you the list of names and you
will select one or two which ever you
choose. You will prepare a Christ-
mas package, wrapped and addressed,
for the kid you choose. Leave this
package at the tailor shop and Santy
' A telegram was received here
Tuesday morning by A. M'. Collier,
stating that his mother, Mrs. J. P.
Collier Sr., died at 2 a. m. Tuesday
morning in the home of her son, Matt
Collier, at Roswell, New Mexico. Had
the deceased lived until Ferbuary she
would have been 94 years of age.
The body is being brought to the
home of another son, J. R. Collier,
who resides in Waco,-for burial. The
time of the burial to be arranged af-
ter the arrival. Mrs. Collier will be
buried beside the body of her hus-
band who passed away some twelve
years ago.
CALLING OUT MILITIA BY
GOVERNOR IS NOT JUSTIFIED
FERGUSON FAILS IN
TWO COURTS TO HALT
HIGHWAY CONTRACTS
sffered for Davis’ apprehension since , and the fire boys will see that it
disappearance.
ivis left Colorado Springs two
cs ahead of an announcement
a shortage of more than a mil-
dollars existed in the accounts
She building and loan association.
^PROFESSOR’S WIFE
KNOWS HOW THEY
PROPOSE TO ‘HIM’
CHICAGO, Dec. 12.—If happy mar.
riages are to result girls should pick
their own mates and analyze their
selections long before they choose
their wedding gowns.
This bit of advice, recently given
by E. Lyman Cornell, assistant pro-
fessor of obstetrics at Northwestern
University, was amplified Monday by
f.the professor’s wife, who said in ef-
fect that every girl in reality does
that very thing—only the man she
selects doesn’t know it.
“She knows it,” said Mrs. Cornell,
“by the process of elimination. I
doubt that she ever needs to say,
"John, dear, will you marry me?’
What she does is to say to every-
body except John; ‘So sorry but I’m
too busy to see you this evening’.”
gets to the right party Friday night
at the Christmas tree on the court-
house square.
What can you put in the package ?
Anything you may feel appropriate.
A pair of shoes, a sweater, or any
useful article with some toy or gift
that will bring joy to a child’s heart.
Have you a heart. If you have, how
can you go through the holidays
without making one soul happy ?
Making one unfortunate child hap-
py and glad will give you satisfac-
tion by knowing you have done your
bit. See Othel Smith today.—Con-
tributed.
FOR SALE—Second hand Avery Blue
Ribbon sulky plow. First class con-
dition.—Culver Hardware Co., Lam-
pasas. (w)
ASKS BREWERS BE EXCLUDED
COLD RAIN AND SNOW FALLS
OVER CALIFORNIA AREAS
LOS ANGELES, Dec. 11.—South-
ern California, complaining a week
ago at unduly prolonged dry weath-
er, shivered today under a cold, per-
sistent rain. Snow fell in the up-
ends.
Precipitation extended as fair
south as San Diego from the fringe
of a storm centered over Southeast-
ern Utah. Rain was general over
Arizona.
Citrus growers in certain sections
resorted to smudging against frost,
Lbut officials of the California Fruit
.Growers Exchange said they had re-
ceived no reports of damage to citrus
or other crops.
r. Registering 39 degrees at 7 a. m.,
' the official thermometer here had
climbed only to 43 degrees at noon,
compared to an average low temper-
ature of 47 degrees for December.
ATTEMPT ON LIFE OF
FORMER KAISER FOILED
DOORN, The Netherlands, Dec. 12.
—An attempt on the life of former
Kaiser Wilhelm II was believed to
have been frustrated here Monday
afternoon with the arrest of an un-
identified German who was carrying
a pistol and a huge dagger as. he
crouched in a tower of the ex-Kaiser’s
castle.
The unidentified man had scaled
the high' wall surrounding the cas-
tle unseen by any servants or mem-
bers of the former monarch’s retinue.
Later he was detected by a servant
as he crouched in a tower. He was
seized by a mmber of the house per-
sonnel and handed over to the police,
fwho searched him and found the
[weapons.
....WASHINGTON, Dec. 9.—Represen-
tative LaGuardia, one of the most
persistent opponents of national pro-
hibition, testified in the house ways
and means committee beer hearing
this afternoon that “the quicker the
brewers and distillers get out and
stay out of Washington” the better
off the antiprohibition movement
would be.
The stocky New York republican,
appearing after chairman Collier had
told newspaper men he believed the
committee soon would approve a beer
bill, turned to face the crowded audi-
ence at the hearing and said:
“There is one thing you must un-
derstand. That this bill is not being-
considered with a view to enhancing
the profits of distillers and brewers.
“The brewers and distillers, are up
to their old activities, which brought
about prohibition.”
Some of those who heard him were
representativese of brewing interests,
who either have testified in favor of
Volstead modification or are planning
to. The hearings have yet to reach
opponents of any change in the Vol-
stead law.
“Brewers and 'distillers have no
| right to help draft a bill to modify
the Volstead law,” declared La-
Guardia.
LaGuardia’s statements aroused the
ire of Representative Schafer, repub-
lican, Wisconsin, who said: “I resent
the statement that the brewers and
distillers should not be before this
committee.
“They came here at the invitation
of the committee that is trying to
get facts,” he said.
“You can’t get facts from Bishop
Cannon (Bishop James Cannon Jr.,
Methodist Episcopal Church, South),
but from these people in the industry
who know them.”
WASHINGTON, Dec. 12.—The su-
preme court today set aside orders
issued by Gov. R. S. Sterling of Tex-
as to officers of the state militia for
reducing oil production in the east
Texas fields and then l’uled that the
railroad commission had lost its ap-
peal from a federal court decision
which held invalid the commission’s
order restricting production in the
same ai’ea.
In the first case, the court sus-
tained a three-judge federal court
which had prohibited enforcement of
the gubernatorial orders, the opinion
criticizing Governor Sterling for de-
claring it necessary to call out troops
because a state of riot and insur-
rection made restoration of order im-
perative.
Action Subject to Review.
The opinion by Chief Justice
Hughes said it recognized a gover-
nor’s power to use the discretion that
emergencies might require but declar-
ed all such executive actions were
subject to judicial review which must
decide whether state .executives had
overstepped their recognized author-
ity.
The court decided that in this case
there was no military necessity for
interfering with operations of the
east Texas oil wells.
Suit Dismissal Directed.
t In the second decision, the supreme
court, finding that the commission’s
order was based on an act of the
legislature, since amended, declared
that the controversy no longer pre-
sented a live issue.
It, therefore, directed the trial
court to dismiss the suit.
Referring to the martial law case
and Sterling’s contention that the
courts were powerless to intervene to j
prevent his calling out the troops,
Chief Justice Hughes said:
Criticizes Governor.
“If this extreme position could be
deemed well taken, it is manifest
that the fiat of a state governor, and
not the constitution of the United
States, would be the supreme law of
the land * * * ”
He said findings of the federal
court in Texas in the Sterling case
were supported fully by the evidence.
“They leave no room,” he said,
“for doubt that there was no military
necessity which, from any point of
view, could be taken to justify the
action of the governor in attempting
to limit complainants’ oil production,
otherwise lawful.”
AUSTIN, Dec. 8.—James E. Fer-
guson and others, trying to restrain
the Texas highway commission from
awarding construction contracts, were
defeated in two courts today, the su-
preme court and the third court of
civil appeals.
After the state’s highest tribunal
refused to give the complainants a
restraining order to hold up lettings
until the plantiffs could perfect an
application for writ of error from a
decision of the third court of civil
appeals dissolving a district court in-
junction precluding the awards, the
c^vil appeals court, resorted to again,
overruled a motion to stay its man-
date to permit an appeal to the high-
er court.
Road Contracts Let.
The supreme court handed down its
decision at noon. Two hours later
MOVE TO CUT DRY
FLEET FUND FAILS
WASHINGTON, Dec. 12.—An at-
tempt to beep the coast guard from
JURY TO TRY ROAD
FUNDS SUIT CHOSEN
AUSTIN, Dec. 12.—A jury to try
the suit brought by James E. Fergu-
helping to enforce prohibition was de- j son and others seeking to restrain
feated today in the house.
Representative Schafer, republican,
Wisconsin, proposed to reduce by $9,-
000,000 the $25,000,000 allocation to
the coast guard in the pending Treas-
ury-Postoffice bill and append a pro^
viso that the remainder should not
“be expended for the neforcement of
the national prohbition act.”
Schafer told the house it “now had
the opportunity to wrest $9,000,000
from the shoulders of the taxpayers.”
“You can’t vote against this amend-
ment on the grounds that it is nulli-
fication,” he said, “because for sev-
eral years after the prohibition
amendment became effective there
was no federal appropriation for the
coast guard to enforce prohibition.”
His amendment was defeated on a
attorneys for Ferguson were back in viva-voce vote with no one taking
the appeals coui’t pleading for a stay the floor against it.
order. The appeals court turned in
its adverse decision at 8 p. m.
Ten minutes later the commission
awarded $4,000,000 worth of con-
struction contracts, bids on which
were received last week. The district
court injunction had been issued on
the eve of the advertised letting. The
commission tabulated the low bids but
desisted from making awards.
Announcement that the awards had
been made was made by Gibb Gil-
christ, state highway engineer. W.
Representative Boylan, democrat,
the Texas highway department from
contracting obligations against the
highway fund was selected in Travis
County District Court today.
Trial of the suit on its merits was
ordered after the Third Court of
Civil Appeals had dissolved a tem-
porary injunction granted Ferguson
which restrained the commission
from awarding contracts on bids re-
ceived November 28 and 29. The
contracts, aggregating approximately
$3,000,000, were awarded by the com-
mission after the civil appeals court
dissolved the restraining order.
Members of the jury are: W. H.
Dickey, G. M. Enochs, D. L. Pilcher,
traveling salesman; Axel Anderson,
farmer; F. B. Bollmann, upholsterer;
R. L. Roberts, painting contractor;
S. N. Willborn, mail carrier; D. F.
Page, county employe; Adolph Gus-
tafson, farmer; G. W. Barr, watch-
New York, shortly afterwards offer- man; J .B. Sweet, auto worker; J.
ed another amendment to decrease J V. Lawson, salesman.
the coast guard total to $15,000,000
but that, too, was defeated without
even a rising vote.
MOVE ON TO PERMIT
BEER SALE IN TEXAS
AUSTIN, Dec. 12.—An amendment
to the Texas constitution permitting
the sale of 3.2 per cent beer and the
R. Ely, chairman, and D. K. Martin, j sale of other alcoholic liquors under
member of the commission had been
here prepared to make the awards.
Intimates More Court Pleas.
Ocie Speer, one of the attorneys
for Ferguson and his co-plaintiffs,
told the civil appeals court, in argu-
ing his plea for a stay order, that
should the contracts be awarded he
would ask the supreme court to hold
the commissioners in contempt after
he had perfected his application for
a writ of error to that court.
Speer was not in court tonight
when the final decision was handed
down.
“Everything’s ok,” said Chairman
Ely after the contracts had been
awarded.
Ferguson, husband of Mrs. Miriam
A. Ferguson, governor-elect, was join-
ed in the complaint by Bailey Hardy
and John Chamberlain, they alleging
that the commission had already con-
tracted to pay in excess of available
funds for the fiscal year ending next
August 31.
local option plans was being consid-
ered today by a committee of legis-
lators and others here.
The amendment was drawn up by
John Boyles of San Antonio. In ef-
fect, it provides that )jr,toxicating
liquors shall be those containing
more than 3.2 per cent alcohol by
volume, thus leaving the beer ques-
tion up to the legislature.
As di-awn, the sale of liquor in
quantities, such as a quart or more,
would be permitted, but drinking on
the premises of the dispensary would
be forbidden.
Established hotels and restaurants
would be permitted to serve liquors
with meals.
Representative John Mathis of
Houston was presiding over the meet-
ing. Others include Preston Ander-
son of San Antonio, Vance Muse of
Houston, C. C. McDonald of Wichita
Falls, E. G. Senter of Dallas and
Senator W. K. Hopkins of Gonzales.
NEW TRIAL IS GRANTED
. JUVENILE DELINQUENT
LEGALIZED BEER IS
FOUGHT BY WOMEN
HOUSTON, Dec. 8.—Kenneth Hay-
good, 18, sentenced Tuesday in four
cases charging he permitted illicit
meetings of young people at his house, j tional appearance before the house
WASHINGTON, Dec. 12.—A score
of women dry leaders gave back
blow for blow to advocates of legaliz-
ed beer today in a dramatic and emo-
Toys for 5c, 10c and 25c at Hoop-
er’s Store. (w)
was granted a new trial in three of
the cases Wednesday by Judge Ray
Scruggs.
Judge Scruggs said the three cases
would be dismissed if the youth stays
out of trouble. He still must serve
twenty days in jail on the fourth
charge and pay a fine of $200. His
original sentence was eighty days and
$800 fine.
ways and means committee.
One after another they deluged the
'committee with appeals to kill the
Collier beer bill now pnding and pre-
sented testimony intended to refute
assertions of representatives of the
brewing industry who indorsed the
legislation in hearings last week.
They brought with them an exhibi-
tion of baby shoes, milk, bread and
The jury selection was ordered by
District Judge Carl Runge, sitting
for District Judge J. D. Moore, who
granted the temporary order, despite
the assertion of counsel for Ferguson
that a jury might not be necessary
in view of the exceptions and coun-
ter-exceptions made to the pleadings
filed in the suit. Judge Runge, how-
ever, insisted on selecting the jury
at once, stating he wished to obtain
12 men to try the case, should it be
necessary for trial, so that other mem-
bers of the venire could be dismissed
at great saving to the county.
Litigation Reviewed.
In a preliminary statement to the
court, Ocie Speer of Ferguson’s coun-
sel, reviewed steps already taken in
the litigation.
It was the idea of the plaintiffs,
he said, to ask for a couple of days
within which to obtain certain in-
formation from the highway depart-
ment. Speer said this information
could be obtained by certtificate and
would obviate the necessity of plac-
ing witnesses on the stand.
Speer stated his side was not in
the attitude of seeking to delay the
trial, but was trying to expedite
matters by getting away from
lengthy testimony.
“It is our view that it not only is
possible, but probable that this case
will be decided on questions' of law
raised by the exceptions,” Speer
stated.
Attorney General James V. Allred
opposed any delay in starting the
trial and said he was ready to pro-
ceed with selecting a jury.
Allred stated that records of the
highway department, the comptroller
and the treasurer were open to pub-
lic inspection, and asserted that the
defense had had several days in
which to make its investigation of
the records.
He was indicted following a grand , toys and pointed to them as more
jury investigation of juvenile vice, i important to the stability and welfare
especially among school children. ^ of the American home than beer.
H. P. Edwards Ji\, has returned
to his home at McAdoo after spend-
ing a few weeks here in the home,
of his sister, Mrs. W. T. Munger.
Mr. Edwards improved very much in
health during his stay here and his
many friends hope he will soon re-
gain his health.
Mr. and Mrs. W. W. Fox and fam-
ily have recently moved to the A. R.
tarvey residence on Second street.
STORES'ARE ASKED TO
CLOSE MONDAY, DEC.
THE SPIRIT OF CHRISTMAS
As Christmas time approaches this
year, we realize more than ever that
many children would be bitterly dis-
appointed by not receiving the few
things that go to make a happy
Christmas for them. So, as in the
past, the Chamber of Commerce is
giving what financial aid they are at
this time able to give toward this
worthy cause. This money is being
turned over to the Lampasas Fire
Department and the Lions Club, these
organizations will endeavor to see
that toys, fruit, food and other ne-
cessities will be given to those who
would not otherwise receive them.
We beg you, each individual or
firm, whether you are a member of
these organizations or not to give
toward this worthy cause, these or-
ganizations are acting as a distribut-
ing agency and are working togeth-
er. You can give toys, food money
or clothing and see that it reaches
these organizations as soon as pos-
sible—that it may do the greatest
good.
Can you enjoy Christmas yourself
when your neighbor is in suffering
need and the children neglected ?
Give, if you want to enjoy the Christ-
mas Spirit for the Spirit of Christ-
mas is to give, and give to them who
need.
Lampasas Chamber ofCommerce.
TH E CAROLERS REWARD
At a regular meeting of the Cham-
ber of Commerce, it was voted that
we recommend the stores be closed
on Monday, December 26, which is
the custom that has been followed
in the past, and is in harmony with
public sentiment.
Lampasas Chamber of Commerce.
Word has been received by Mrs.
Geo. Hughes that her nephew, Mon-
roe Bartlett of Brady, passed away
Saturday, Dec. 10, in the Brady hos-
pital, he having died from pneu-
monia. Mr. Bartlett was about thirty '
years of age and is survived by his
wife who is seriously ill in the same
hospital.
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The Lampasas Leader (Lampasas, Tex.), Vol. 45, No. 9, Ed. 1 Friday, December 16, 1932, newspaper, December 16, 1932; Lampasas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth891775/m1/7/: accessed June 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Lampasas Public Library.