The Brooklyn Daily Eagle from Brooklyn, New York • Page 2

Court Doubts Legality of the Desmond Lunacy Law BROOKLYN EAGLE, WEDNESDAY, DECEMBER 20, 1939 6 Wind9 Arrives In a Gale of Gems, Ermines Industrial Leaders Urge 6 Strike Bans N. A. M. Calls for Revision of Wagner Law, Charging It Increases Labor Disputes Washington, Dec. 20 (U.F) The I "Faila to recognize that Individual Magistrate's Authority Is Tested Here Attorney for Colib Seeks His Release On Habeas Corpus A.

F. Joins With C. 1.0. in Benefits Plea Action Follows New Move by Roosevelt For Labor Peace Washington, Dec. 20 W) The American Federation of Labor Joined the C.

I. O. today in a campaign to Xmas Shopping Spurts to Peak OfBoroHistory New High in Buying Reported by Stores After Slow Beginning A sudden spurt in Christmas business, as crowds of shoppers estimated as the largest ln the borough's history, thronged retail stores, was reported today by Brooklyn merchants. A new high in buying activity turned the lagging holiday season employes should nave ine ngm voluntarily choose for themselves whether they wish to Join any labor TViot th nKmntuI law rlpslirneri National Association of Manulac- turers proposed 12 amendments to I the Wagner Labor Act today, in-j eluding six limitations on the right to Strike. the act has increased labor disputes prevented "true national security i i The proposal was made by the as- to remedy the evil of political lu- soclaUoPn.somnlHtee on employ-nacy commissions, has empowered ment relations, which declared that even magistrates to commit persons charges to insane asylums, was rinsed before Justice John MacCrate ln Brooklyn Supreme Court In a and menaced the nation's welfare.

group, composed of 100 leading industrialists, listed 11 specific com- board habeas corpus proceeding yesterday, whicn admmisU.rs n. i CRITICISM OF THE LAW Miss Marcella Schultz, The report was released as the The committee said that admin-seeking to release Sam Golib, 50. of House committee Investigating the istration of the law and tlwact it- 325 Riverdale wno was com-, 12.94 mitted to Kings Park State Hospital The manufacturers committee on Dec. 10 by Magistrate Bromberg- proposed a legal prohibition of a I. I closed-shop contracts and of the er, contended that the law was un- check.off Kwhwby unlon dues re constitutional in that respect.

deducted from employes' pay envel- Justire MacCrate, reserving deci- opes. It wanted the benefits of the sion until Jan. 2, when he will re- labor act withheld from workers ceive briefs on the constitutional who engaged in: aspect of the new amendment to the 1- Strikes without presentation of mental hvgiene law, said he was in--demands or grievances and reason- clined to agree that the Desmond law able opportunity for their considera- transcended the Constitution when1011- it undertook to clothe magistartes OTHER PROPOSED BANS with such great power. 2 strikes violation of agree- QI ESTIONS POWER ments. 'The magistrate, under the broad-1 3.

"Strikes to prevent or compel est Interpretation of the limited the use of materials, equipment or powers conferred on him by statute, wuld not try a man on a criminal! 4 "Strikes accompanied by re-cnarge sitting as a Court of Special V1lenCe Sessions, without the detendanU -d Likes, or other consent, and I find it hard to accept which inyol the theory that a magistrate could ty be clothed with the extraordinary 6 to cause Ule power of committing a man to an slon Qf an ulega or omissim insane asylum without his consent, of a legal duty said Justice MacCrate. Tne COmmitte suggested that the Golib was committed by the mag- law's preamble be rewritten because lstrate after he had been haled tojt: court on a disorderly conduct com- "Pails to recognize that denial by plaint made by his wife, Dora. employers of the rights of employes As the hearing progressed Justice to organize and bargain collectively LEEDALL CANADIAN TUBULAR ICE SKATES Our $5.50 Value Bugged leather ahoes aecnrely fastened to high grade radmium plated akatei. In air.ea for men, women, bnyi and girls. While shoe akale outfits for women and girls also at this amaKhing low priftn.

Thousands Jam Streets for Dual Broadway Premiere Last night was the night of the big show. "Gone With the Wind" slipped its moorings and veered up Broadway for a spectacular premiere, amid gaping thousands and Klirg lights, at the Capitol and Astor theaters. At both theaters the crowds, decked in Jewels and ermines, were the largest since the twin premiere of "Hell's Angels" in 1930. Pedestrians, not attending the shows, were packed deep along the streets leading to the performances. Review of Picture on Page 15.

Celebrities mingled with the common man, and it was necessary for seatholders to show tickets before they were permitted by crowds to make progress along the blocks. More than 300 uniformed police were on hand to minimize confusion which was stimulated by searchlights and television apparatus set up on the scene. Among the celebrities who elbowed their way to seats were Joan Bennett and Woolie Donahue, Alice Faye and Tony Martin, the Frederic Marchs, Doris Duke Cromwell, Will Hays, Olivia De Havilland, James Stewart, Brenda Frazler, Cornelius V. Whitney and John Hay (Jock) Whitney, Mr. and Mrs.

John Jacob Astor, Burgess Meredith, Lee Shu-bert and a score of others. Only one celebrated figure was missing. That was Vivien Leigh, the star. All day David Selznlck, the producer, had been persuading her to be at the premiere. But she refused.

Tired, she was, and: "Gone," so to speak, "With the Wind." Yule Smokes Cost $50 Fine 75 Untaxed Cartons, Biggest Seizure, Were For Presents Here A fine of $50 was levied by Magis trate Thomas Cullen Jr. ln Night Court last night for the "importa tion" from New Jersey of 75 cartons 'of untaxed cigarettes Intended for distribution as Christmas gifts among the employes of a Brooklyn firm The consignment comprised the; largest seized by the City Treas- urer's office thus far in its drive against untaxed cigarettes, accord- ing to Joseph M. Almee, chief of the cigarette tax division of that office. 1 The defendant was Vincent Ma-nell, 33, of 12 Oakland a truck driver for the Banner Rayon Dye ing Company, 44 Division Place. whose truck, was trailed to the firm from Jersey City, where the cigar-, ettes were purchased.

AN OLD CUSTOM Louis Pressman, attorney for the firm, who represented Manell, ex- plained that an executive of the company, who was not named, had bought cigarettes for his employes each Christmas for years, and always bought them in a Jersey City store owned by the mother of an employe. However, he agreed that a technical violation of the law had been committed, and entered a plea of guilty. Pointing out the cigarette tax law makes no mention about intent or gifts, Almee declared the city was seeking to stop the flow of untaxed cigarettes from outside the city be- JJ cause 11 was unfair competition with city stores and because the money was used for relief purposes. "If this man (the employer) is so magnanimous," he said, "he should have been a little bit more so and paid the extra penny tax to help the poor in this city." He asked for a nominal penalty, and about an hour after the fine had been imposed, the lawyer re- turned to court with the $50. British Princesses Injuria to London 1 it is 6 FREE for a limited time free tlekel (worth BOc) to the GAY BLADES Saatini Rink with cverr lea akata aatftt Rarchasad at Daveia.

when further hearings will be held hic n.u nu "Ignores the fact that the majority of the strikes and other obstructions to commerce are not due to unfair labor practices by employers Fails to recognize that individual employers may be at the mercy of large labor organizations. the writ was served, had the magistrate's order of committment been filed?" The order preceded the writ, he was toia. uoiio was orougni irum i Kings Park, lodged in Raymond street Jail and brought to court by sheriff Mangano's man instead of the Department of Correction, Miss Schultz insisted that Golib, Instead of being locked up in criminal Jail, should await the court's detention in the Sheriff's civil Jail. Justice MacCrate decided that Golib would have to remain in the custody in which he was before he was brought to the Supreme Court, so the man will have to stay with criminals until at least Jan 2, when Justice MacCrate is expected to give a decis on In the meantime me lawyers win lue oneis. i 1 1 I trVi'nPn Hfi I HP jX 1-flUrtIICU US jtxl 1 I Mlin(PC Itltfl I rPPU' 1 lUIICS 1111U Ksl CCJV 1 Cove Dec.

Wesley Bowne top cf tne piiine while his escort I on ms siomacn ana leaning over tne iinu umu Ills irei. Police and firemen, summoned by i Vashel. hauled the car to the sur- race wjtri a block and tackle and organizations or none at all." Other amendments proposed were: Revised definitions of "employes" and "current labor disputes." Elim ination of the "so-called majority ruie provision." Specific guarantee of action by the on employer petitions for elections. Placement upon the complaint the of subsUntiaUng its charges. 1.

Destroyed confidence in its fairness. 2. Destroyed confidence In its administration. 3. Protected sit-down strikers and other strikers engaged in violence, intimidation and coercion.

4. Been one-sided: assumed that only employers can be guilty of unfair labor practices. 5. Tailed to protect employes against any and all coercion. U.

Compelled employers to continue to bargain with representatives of a union which had violated collective agreements already made with the employer. CLAIM OPINIONS CURBED 7. Tried to prevent employers from expreulng their opinions, even from truthfull" stating the facts about unionism in general or particular unions. 8. Denied the right to ordinary provisions of a fair trial, including full statement of charges, equal rights to subpena wit-nesjes and equal rights to introduce evidence.

9. Sought to destroy independent unions not affiliated with either the C. I. O. or the A.

P. of notwithstanding the fact that such organizations were Initiated many years ago. 10. Exhibited hostility toward while championing the rights of employes to organize into associations. 11.

Increased the number of labor disputes and threats of labor disputes. High Court Weighs Capshaw Ouster Counsel for Magistrate Hulon Capshaw was given until Jan. 1 for filing of briefs in ouster proceedings which the Appeiiate Division several of its members had sharply questioned Capshaw on explanations or cj ismissine: policy charges against associates of the late Dutch Schultz two separate occasions, fe Capshaw was on the tw0 ad a half hours ln re moyal proceedmgs on 0. He wax niiestioned bv his own counsel. William L.

Ransom, by Thomas D. Thatcher, referee who recommended his removal, and by members of the court. chAIgei that he wa3 ln. fluenced by considerations outside the evidence in dismissing policy lhargcs GeQrge Klem later Hold Rom Mm Oil Coast Iii $16,817 State Theft Lieutenant Ray Honan and Dctec-' live Thomas Sheedy of the Jamaica division will start for Everett. to bring back Walter R.

30, of 69 Linden who was ar-l est ed on the Coast on Sunday onj infnrmotlnn frnm the Queens Dis- t-nct Attorney's office. The officers will leave for Everett from Albany, where they went today connection witn a sin.Bi roo- bery on Jan. 30 from the office of the Motor Vehicle Bureau of the Queens County Clerk, where he was employed as a temporary clerk. Salomons was indicted by a Queens grand jury snoruy alter nis disappearance immediately following the tneft enlarge the benefits paid by the unemployment compensation system to workers Insured against involuntary idleness. The action came In the wake of a renewed expression of President Roosevelt's hope that the labor organizations would end their differences.

The Chief Executive told reporters yesterday that he had discussed labor peace with C. I. O. Leader John L. Lewis and that, although there was no concrete development in the conference, Lewis, too.

expressed hope of a solution. The drive for greater jobless insurance was stimulated by A. F. L. President William Green, who asked all State Federations of Labor to help win Congressional approval for an advisory committee of experts to examine the adequacy of the insurance system.

Green said that an average of only 54 cents has been paid out in worker benefits for each dollar colected by taxes from employers. Treasury reports disclosed that up to Nov. 30 State collections for Jobless insurance deposited in a Federal trust fund totaled $2,276,289,541, out of which $805,065,524 had been paid in compensation benefits to insured idle workers. Green's move followed a request by Lewis that Secretary Perkins begin an investigation of the system because the benefits were inadequate and the State plans "unduly complicated." The separate moves by the rival labor organizations came coincident-ally with disclosures that the Social Security Board's Bureau of Employment Security already had undertaken an extensive study of Jobless insurance. Youth Threatens Xmas Eve Suicide To Aid Jobless Pittsburgh, Dec.

20 (A)A Jobless young man gave advance notice today that he would end "my worthless life in some spectacular way" at midnight Christmas Eve. "In doing so," he said. "I hope I awaken the people of this vicinity to the fact that there are young people out of work who are also human, but are ln that well known position of unemployment. "If my act Just brings employ- ment to one young person I will have done more good by killing myself than I have been able to do throughout my whole life." The death threat reached Pittsburgh Sun-Telegraph in a the let-! ter bearing only the signature of "A Disappointed American." The news paper got two clergymen to reply and published their pleas that the man give up his plan of self-destruction and seek their help. City Bar Moves Against L.

S. Levy A petition for the appointment of a referee to consider disbarment charges against Louis S. Levy of the firm of Stanchfield te Levy, was presented yesterday to the Appellate Division by the Association of the Bar of the City of New York. Levy was recently suspended from Federal practice, following charges mftfl in ronnprt.inn n-ifri tha affairs of Martin T. Manton, former senior I judge of the United States Circuit I Court of Appeals, who was recently 'convicted of selling Justice City Launches Drive For Water Economy A drive to lmptess landlords, tenants and homeowners with the necessity for strict economy in the use of water, in order to maintain adequate reserves in the city's main Catskill, Croton and Kensico -reservoirs, has been started by the De partment of Water Supply, Gas and iLiecuricny.

All city departments, including the heaviest users, the Department of Sanitation and the Department of Education, have nromised curtail ment. The Water Supply Depart- ment plans to ask Mayor LaGuardiai for a force of 100 to 200 special in- specters, to go to work withm two; months, to make a hou.se-to-house canvass to see that no water is wasted. MacCrate reacnea ine ranausiuu i that even if Golib had been tmprop-erly committed in the first instance for the want of power or authority in the magistrate, the Supreme Court, in a hearing, could determine whether the man was insane and commit him with a competent order by reason of its all-inclusive Jurisdiction. Assistant Corporation Counsel Rosemarie Boy lan contended that the new amendment to the mental hvgiene law Is entirely consuiuuoii- i al. notwithstanding the fact that it clothes a magistrate and even a rural Justice of the peace with the power to commit defendants to an insane asylum providing two doctors certify that person is insane.

Assistant Corporation Counsel Na than Blum has had charge of the organization of the new system required in various city departments to comply with the law. Primarily the Desmond law, for the purpose of eliminating costly patronage appointments to lunacy commissions, requires that all defendants in criminal cases who are claimed to be insane shall be ex amined by psychiatrists employed in the citv hospitals, who are required to report to the court whether the defendants are in mental condition to undergo trial or should be com-! mitted as mentally unsound. Mr. Blum told the court that many knotty oroblems remain to De soivec before the law can be applied with-! 1 I 2.77 1.99 (Not llluttrattd) iiiuu reu-ietiCT aays on Munuuy aim 1 Tuesday when, executives of Fulton St. stores reported, peak sales for the season were reached.

Abraham Straus stated that these days were the best of the year and that on Monday sales had come within $5,000 of equaling the biggest day in the history of the store. Frederick Loeser Co. reported that Monday had been the best day of the season and that last Thursday had ranked second. MARTIN'S SETS RECORD Martin's established sales records for the season on both Monday and Tuesday with volume going well over 1938 business, according to Vice President Harry Zeitz. Oppenhelm Collins Co.

stated that although Christmas shopping volume began later than usual this year there was a marked increase in sales volume beginning Monday. 1 Offl.fal oTga ctntas4 that. npftMnf In. dlcations pointed to a decided increase in total Yuletide trade over last year. The Namm Store said that Monday's rush of buying topped that of any day since last December.

In other stores even 1929 levels were being bettered. The week's upturn ln volume of selling and gift buying indicated that New Yorkers had not been doing their Christmas shopping early in spite of the advanced Thanksgiving Day holiday, and that sales for December were about 5 percent over 1938 volume. Merchants expressed the opinion that now that the rush has started will probably continue throughout the week. 37 More Imprisoned Thirty-six men and one woman became prisoners ln the Raymond Street Jail yesterday, despite the i fact that the structure has been termed "unfit for human habita-, tion" by the Department of Cor- rection. The Jail's population today 380, 90 less than capacity.

fOpen Every Nire 'Til MOTHER-TO-BE A Gay Smock makes an adorable gift Xmas 098 Mm Ea. Sptcial A Shirred French crepe rayon jj flowers printed on aqua, 2 rose or blue. Pleated French crepe rayon with tiny flowers printed on navy, copen, aqua or rose. a lg Dressy smock rayon in melody blue, sky blue. Order by Mail or fhone TR.

S-2435 (filled befor, Xmas) PUaee aawa na tea 12. taiatk tyli tin calar C. 0. D. Cosh Second Floor i71 2 ane truant i 15 Honover off Fulton jj jm 7 i "a I 7 Sitri of Alpaco 1 rose, royal ALASKAN-UNION HARDWARE NICKEL-PLATED SKATE OUTFITS Our 15.00 Value Famous flat blade nickel-plated ire skate outfits for men, women, boys and girls.

At record low price. Wonderful Christmas gifts. out trampling on the constitutional identified as George We nberg a rights of individuals. Dxer- drowned last nignt i wltness for lne in tne "I will undertake to write some: when he was trapped an zuto- james nines case, who later com-law on the subject that will give mobile that had run off the highway jUed sulcW(1. that he wm similarly the higher courts a concrete ques-and Ponged into Glen Cove Creek movpd Jn flismissing charges against tion to answer," said Justice Mac-! from a bulkhead at the foot ofja man silversteln but Crate iGarvie Point Road.

identified at the Hines trial as Lulu His companion. Victor Lopez, 49. RJsenkratlZ- Schultz's bodyguard, PROBLEM ARISES I of 62 Landing Road, Glen Cove, wasjand tmrdi that he gave misleading One of the "knotty problems" able to open the door of the car, testimony' at the Hines trial ln at-mentioned by Mr. Blum arose im-; which Bowne had been driving, just tempting to justify his decisions. mediatelv at the close of the hear- Deiore it mio me ereeu.

ana leap ing when Justice MacCrate ruled out. He clung to a pile until he was that Golib must remain "in custody" rescued by Frank Vashel of 12 Con-until he renders his decision. jtinental Place and Miss Agatha "Who is response for ths man's Murray of 5 Terrace Place, both dentition?" a.sked the court, "When Glen Cove. Vashel and Miss Murray heard ivvnnrrHrvrG Lopez' cries for as they were A.VUAlfc.-TlI'.. 1 a driving along the Garvie Point Road.

Vashel succeeded in hoisting the Pertonol exhausted man to safety by lying available cash ecurtd on incomes umpired. Heira' inheritance Co Empire Stale Bmldlni. New York WHEREABOUTS OF WILLIAM A. McKAY. 48.

dijannfarfd 1936: formerly of Weftinahouse Company; children jean. rioi Grand "cou.r""' Bronx I i vainly worked over Bowne for moreiat 10 a.m. to obtain extradition, than an hour. The victim was mar-j papers for Salomons, who is wanted London, Dec. 20 (Princesses Elizabeth and Margaret Rose re- turned from Scotland today tojif spend Christmas their father Community Hospital and was im New vork city.

Room noo. treated for shock and exposure. 1 v2 (I wt( LW p'r'-ener and mother, King George and Queen Elizabeth. It was the first time they had seen meir iamer since mia-Augusi, two weeks before the declaration of war against Germany. The Queen: visited them in Scotland in October.

BANKBOOK Lost No. 26,441 the Kinajj County Saunas Bank; payment ha been mopped. P. ease return to the Dank a' 539 Eastern Parkway. POO Lost: brindle bull, name vicinity 764 Slat reward.

Caii, 764 SUt St. POO Loaf, white, with brown marklnas. male; vicinity Flatbush: answers name "Skippy Esplanade S-2440. OG Lost: part cnliie and police, female. reward.

226 37th St. BUckmln.Mer 2-5SS3. IXX3 Lost: ln vlcmlty of 4Rth Sf 17'h Ave acotty. Reward. Ji-3050 PAPERS, LEGAL Lost; in larae tan manila envelope.

Reward Cail HAn-over 2-S260. or NAvarrf 8-38118 PCARF Lost; erav vlnnitv Boro Hall or 7th Ave. car. Reward. MAin 4-OG95 WRIST-WATCH diamond.

Platinum, Initials L. B. Flatbiuh, between Church-Dorchester, Monday; reward. BUckmms'er 4-28fi. nea ana tne latner 01 iwo cnuaren.

Lopez was taken to the North Coun Vrjll 1, Vr5na lilinillllld lUlirs Mr fnr IVarp Snirif Hope lor 1 eace Spirit 1 The Hague. Dec. 20 Queen wuneimina in a broadcast today to the Netherlands' Empire expressed the hope the strain of the past few months would be lightened and all the peoples of the world would experience a feeling of the peace associated with Christmas. "What the light of the sun is for nature is feeble in comparison with the force which we receive if we open our lives for God and if we want to u.e this force." the Queen said. This Cfjristma Gin a MUSICAL New York's Sttnutlij Muiic Store The Logical Place (o Get It! '75 lMMytrttZm mm criuic H.uJa..a.M.r,..l..i..J..

TLl 1 Jr4 lamily and Inandi. whara Bottarl LJ't Address A one-third earat diamond in a g' lamoui cuisine and terice will 0lLfj. Charge 14 rarat nld lettlnc. Theae Jf ff X-l ar, .1 be.atr 1 JIJO k' dubly l0TbU If i "ce t4t HOTEL BOSSERT I Badaet dealre. cMt 1 M.

5 It) 350 REWARD, return portfolio contain-Int 6 ladies' diamond rings, amond bracelet and 1 man's diamond ring, t-a'her with other jeweiry lost Dec. In' 1939. either ln Woolworth s. Kinas Hum-way and B. 15'h or on Highway between 15th St.

and 19th Si Vv'Kllam M. Mortimer 4t Ill John HI. Ector 2-1030. AN SOU Pi CHMEHTS metered until 10 PM. ir publication tht Itllovnnf day tr from AM.

to 7 PM. (11 A.M. on Saturday! 1 for fablf talton im thi ntxt wtilablt tditiont tht itmt dtj'l fttr. Udin t-6200. 1 BROOKLYN (Boro Hall) 360 FULTON ST.

Brooklyn Flafbush Avenue Brooklyn U04 Kings Highway Bay Ridga 5108 Fifth Avinut BansonhursT 2085 86h Street Browntvill '03 Pitkin Ayenua Jamaica 163-24 Jamaica Avanut Astoria 31-55 Steinway Straat Flushing 36-58 Main Street Hempstaad 45 Main Street ALL STORES OPFN EVENINGS MAIL ORDERS 111 E. 42nd N. Y. O. Add 15c for Packlnf and Snipping-.

Serif Cltrclt or Mnrev Order. Ko CO 7). Ral la Mi 1 wr mm BtR 1 m- jmwm 9mmt Baascher BAND INSTRUMENTS: leblinc CLARINETS: W. Lodw.g DRUMS; Rotari ACCORDJONS; Gibsoa GUITARS and maajt oibtrs. LIBERAL CREDIT NEW YORK BAND INSTRUMENT COMRANT la Brooalra: 25 Flatbnth Aw.

OPEN EVENINGS II liters I QIAI.HV JI.WKLH.S SINCE ffl T. 1 SJ 15 iMtftMiMiMiMdJl.