TUESDAY, JULY 7, 1925. I ERAL JUDGE REFUSES PLEA IN SCORES CASE :cks Jurisdiction He Tells Counsel in Evo- lution Fight —— Trial Next Friday COOKEVILLE. Tenn, July 7 AP).-—John T. Scopes. public school aeher, must stand trial by jury in he State Court at Dayton. Tenn.. riday. on a charge of violating the ennessce statute prohibiting the Iching of evolution in the public hools. Federal Judge Gore refus- d yesterday to grant the teacher a straining order to stop the crimi- al case. The appeal for an injunc- on asserted that Scopes; constitu- onal rights would be violated by is trial in the State Court. Will Not Appeal. John R. Neal. leading counsel -r Scopes. said no appeal would be ken from Judge Gore's ruling ow: but that he would soon apply - Judge Hicks. Federal Judge for tern Tennessee. now in Detroit. -r a Federal Court order in the so. In his lengthy ruling Judge ore did not discuss the constitu- onality of the Tennessee statute nder which Scopes was indicted. ut gave his decision on the ques- on of his territorial jurisdiction. 9 cited the United States Consti- tion and statutes and numerous recedents to uphold his belief that 9 did not have jurisdiction in the se. One ground cited was that ayton is in the Eastern Federal -strict of Tennessee. while his dis- lot is Middle Tennessee. Listening to the decision of Judge ore. Scopes seemed unperturbed. e said he expected the trial at Day- n to begin next Friday. according . schedule. Judge Gore at the outset of his oislon pointed out that the peti- on showed the petitioner is under dic ment in Rhea county and that e cause is pending undetermined. e stated he was of opinion lie was -t Justified in granting the writ. Two petitions were presented, one ‘the name of John T. Scopes and -e other in behalf of Robert M. ilson. Both were directed to Gov- nor Austin Peay. State's Attorney eneral Frank Thompson and A. T. ewart. attorney general for the 8th Judicial Circuit of Tennessee. . defendants. Deprived Rights. Scopes’ petition advanced the claim at he was deprived, under the ennessee law. of liberty and prop- rty without due process of law. ilson's plea contended that the aw deprived him of the right prop- rly to educate his children. Both ontended that enforcement of the -w is not a. valid exercise of the olice power of the State. Referring to the contention of ounsel that it was the court's duty - grant a. ‘temporary restraining der to remain in force until a. caring and determination of an ap- lication for an interlocutory decree udge Gore said that even if he ad the power to grant a temporary straining order he was of opin- -n that he should not do_so upon I e allegations made in the petition. “The object of the injunction ought in this case is to restrain he officers of the State from prosc- uting the petitioner for violation -f an act which said officers are xpressly charged to enforce in the nly way in which they are author- zed to proceed—by bringing crim- nai prosecution in the name of he State. This is virtually to en- oin the State from proceeding hrough‘ its duly qualified and acting cfficers." ' The petitions were signed by John . Neal. Clarence Darrow and Bain~ ridge Colby of counsel for Scopes. CHATTANOOGA, Tenn. July 7.— (AP). John T. Cantrill. president of the Chattanooga Bar association. has lssu'ed a personal statement in which he says that the Tennesse Anti-Evolution Law is “narrow in its scope and does not prohibit the caching of'evolution. as is generally upposed." He said; “I do not believe and I do not hink that lawyers generally believe hat John '1‘. Scopes or any other ennessee teacher has actually vio- 'ted the act by affirmatively teach- 5 that man has descended from lower order of animal. ' “Before he went to New York to onsult the American Civil Liber- ies Union people and their attor- eye, Scopes was quoted as saying: “ ‘Evolution does not teach that . an sprang from a monkey' and it . said that he had not gone so far . to teach that man has descend- d from a lower form of animal nd had not really violated the We" Mr. Cantrlll said the caption of .e Tennessee law is broader than -e law itself. “It will be seen that. the word ‘evoiution' does not appear in the body of the enactment that the legislature assumes that to teach that ‘man is descended from a low- er order of animal' would amount . Healthy! DAYTON; Ohio. July 7.—-Al- bort Schulze, 64. a screw-maker. believes he holds the long dis- not been sick in 51 years. in 14 years he has not been absent from his work for any reason, nor has he been late. Schulse believes in walking and eating properly. He is a disciple of systematic living. "i usually go to bed at 8:30 o'clock and get up at 6 in the morning. '“For breakfast I eat rolls and coffee. At noon I have two or three sandwiches. some fruit and cake. My evening meal generally consists of a. small por- tion of meat. potatoes, a vegeta- ble and some kind of dessert." I enjoy I. good cigar." He came to this country from Germany in 1888. In 1889 he became an American citizen. He owns his own home. and his wife and 10 children are all living. tnnce record for health. He has . to a dcniel of the story of the divine creation of man as taught by the Bible. Therefore in the last analy- sis the one and only thing that is made unlawful is the tgaching in tax-supported schools “that man is descended from a lower .form of animal.‘ "The act has nothing to do with the general subject of evolution and nothing to do with the antecedent of any creature except man in that It simply undertakes to prevent any teacher from going back of the missing link in teaching the gene- aiogy of the human family. "The act was unnecessary but probably entirely harmless." BUILDERSBUSY ON WORK HERE The following building items are reprinted from the Commercial Re- cord:— Eiks' Home A permit has been issued to the B. I‘. O. Elks. No. 700. for an ad- dition and extensive alterations to their home at 67 South Main St. As has been mentioned before in the Record. there will be an addition in the rear adding a number of new rooms to the present quarters. The plumbing contract has been award- ed to the Heating and Plumbing Co.. 57 \Vail street; wiring to the White Electric Co.. 137 Washington street. and the heating to B. M. Belts. 11 Wall street. The plans are by Ar- chitect Harry Mather. Two-Family House Stephen liapusi has a. permit for a house on Novak street and has awarded the contract for the car- pentry and masonry to Joseph Chick- vary. 10 Soundview avenue. The house is to be 26x46 feet. arranged for two families. There will be 10 rooms and an attached garage. The cost is $11,000. Store and Restaurant. From plans prepared by Architect A. N. Paddock, a. building will be built at 12 Fort Point street for Ben- jamin Celia. It is to be a brick building. one story high. 16x52 feet. heated by steam. The building is to in used as a restaurant and store building. Allvicw Avenue Dwelling The contract for the carpenter work for a dwelling on Allview ave- nue for Mary T. Miller has been awarded to A. W. Reed. The plans call for a two-story frame house. 20x26 feet. arranged for one family. having seven rooms. The heating will be by hot air. Building on First Street From plans of F. E. Bedell. a building is to be erected at' 25 First street for Michael Santella. The building. 14x55 feet. will be two stories high. arranged for a store on the first floor and an apartment on the second. It will have a. brick exterior and an asphalt composition roof. The contract has been award- cd .to W. J. Lyons, Mechanic street. Summer Bungalow Frank Georgie. West Norwalk ave- nue. will build a summer bungalow on Scott street for James Kardos. It is to be of frame construction. 24x36 feet. with four rooms. To Remodel Store The building at 6 North Main street. owned by Harry Geodwln. is be remodeled and the contract for the work has been let to Ole Alexson. Inc. New store fronts will to installed and there is [v be a. tiled vestibule. The fronts are to be of plate glass with copper trim. Alterations to Boat. Club The South Norwalk Boat Club plan to remodel their building on Burritt avenue. and have let the con- tract to F. E. Folly. Contract Awarded . The contract for the roofing for the Roodner building being erected on Washington street. has been au‘arded to the Norwalk Roofing Co.. 117 Water street. NEW OFFICER lS HEAD or FRENCH morocco ARMY Change in Command Made to Put More Vigor Into Fight on Riflians PARIS. July 7.—(AP),. General Stanislas Naulin. commander of the Thirtieth Army Corps on the Rhino has been appointed supremo coni- mander of operations in Morocco. General Naulin. who is now on leave. will proceed to Morocco at the earliest possible moment. In announcing the Premier Painleve said what was needed was I. young and vigorous officer. well versed in the methods of both European and colonial Will's fares and thoroughly acquainted with the mentality of the natives. . The new commander. replace Marshal Lyautey. is 56 years old. He served for a. long ltme in North Africa. was in com- mand at Oran for a year and lived two years in "Morocco. He was also in Syria during thevEuropean war. where he commanded the Twenty- First Army Corps. M. Painleve repeated what was said in the official note issued by the War ministry Sunday night. giving assurance that. though some of the loyal tribes ‘had succedeed and ‘nu- merous attacks had been made on the French by the Riflians who broke through the front line in the Ten region. there was no reason for alarm. He added that the French forces would be regropued for new concentrations and that counteraction of an important na- ture would be taken against the Moors. General Naulin is a product of the famous St. Cyr Military school. At- tached to the twenty-first army corps. of which he was commander. in the World war. were several American expeditionary units. Gen eral Naulin paid high tribute to the 42nd (Rainbow) division. which distinguished itself July 16-16. 11m before Rheims. and also praised highly the Second and Thirty-sixth American divisions for their opt-ra- fluns on October 3 and-October 6-7 the same year. when they not only checked the Germans. but forrcd them back from Rheims. COLEMAN SHOW IS HERE TODAY FOR THE LEGION The Coleman Shows. a traveling carnival has opened for a period of one week at Joseph Tracey‘s lot in Main street. it started yesterday. The carnival will be conducted under the auspices of the drill team of the Frank C. Godfrey Post. Am- erican Legion. The on nival is one of the largest of the t veling type and its “inter quarters are at Middletown. Conn. The shows never travel outside of this state. Textile Men May Call General Strike WILLIMANTIC. July 7.—-(Al‘,l Plans for a possible general strike throughout the entire system of mills owned and operated by the American Thread company were considered at a series of conferences here yesterday, attended by the su- preme officers and members of the executive council of the internation. al Textile Workers of America. ac- cording to an announcement made last night by Thomas F. McMahon, its president. The general strike, it one was called. would be in support of the strikers of the Willimanfic branch of .the American Thread company who have been out on strike for the past seventeen weeks in opposition to a 10 per cent de- crease in wages restored. President McMahon also will at- tempt to have the matter brought before the executive committee of the American Federation of Labor at its meeting July 21, William Green. president of the S. A. F. of I... will be a speaker at a mass meeting here tonight, it was announced. Greb’s Manager May Lose Sight of Eye PITTSBURGH, Pa., July 7.— (AP) James Mason. manager of Harry Greb. middleweight boxing champion. was in a hospital. today facing the possibility of losing the sight of his left eye as a result .of a Fourth of July accident Saturday night. A fireworks display piece exploded prematurely as Mason was bending over it. filling the left eye with gun powder and slightly injur- ing the right eye. appointment/ who will‘ ' momma SENTINEE'. Calls W. J. Bryan Argument Absurd i , Julian Huxley, zoology pro- fessor in Oxford university“ England, and son oft Thbmas William Jennings Bryan's argu- ments against evolution are ab- surd} He points to the fact that Anglican (Church of England) clergyman accept evolution as (I Uncontrovertible fact. EK-NORWALKER WINS HONORS IN SCOUTWORK Charles Angione of Iironx. New York. formerly of Norwalk, has re- cently but it given a signal honor by the boy scout camp Ranuchqua in Orange County. New York. perhaps the largest scout summer camp in the country. Always interested in scouting, An- giono started 011' as ll "underfoot" here and passed in lo the ranks of scouluustcr. He was graduated front the Norwalk high school in 1922. and is now a senior in Ford- ham university. His commendable work as cap- tain cf. the Norwalk high school hockey team gave him a position as coach of the Richmond lllll high school hockey team. which he filled capably. During the past winter he was given much praise by New York sport authorities. ' lie. will remain in charge of the scout cnmp all summer. Judge Young Padlocks Saloon in Stamford STAMFORD. July 7.—~(AP). A building at lht‘ corner of Canal and State streets was padlocked for four months by order of Judge Samuel Young yesterday because liquor had been sold in it. The saloon was kept by James Binaidi who was fined $400 and costs and given 30 days in jail. The owner of the premiers has been warned not to lot or lease the place in the next four months. A liquor selling charge against Joseph Rinaldi. 13-year-old son of James. “as noiled. First European Ship . Arrives at Detroit, DETROIT. July 7.—(AP) The steamer Anders came into the De- troit river from Antwerp, Belgium. yesterday with a cargo of steel rails for the Ford Motor company. The first ship to come direct to Detroit from Europe. Passage of the An- ders inaugurates monthly steamship service between Antwerp and Dutch cities and Detroit. l-‘rank Lane. of New York. owner of the vessel. said today. C. E. HEAD Ql'lTS. PORTLAND. Ore...July‘7 (AP).— The 'Rev. Dr. Francis E. Clark. fa- miliarly known as “Father Endeav- or" Clark. founder. and for the last. 44 years the president of the United Society of Christian Endeavor. has retired from the presidency. A Cough Remedy Without Opiates. Many cough preparations contain some one or more harmful drugs which are added to take the place of opiates. None of these narcotic substitutes have ever been used in FOLEY'S HONEY AND TAR COM- POUND. The name of event in- gredient is plainly printed on every carton. You know what you are taking when you take Foley's. It clings to the throat. Good for old and young. You have a cough. Why not try it? Refuse substitutes. Still- son-Powell Corp.-—Adv. WE HAVE BEEN BURNT OUT BY FIRE BUT ‘ WILL MEET OUR FRIENDS WITH A SMILE AT OUR TEMPO- . Huxley, 'i‘amous scientist, ssys / iONDON PRESS scous SPEECH or COOLIDGE Fourth of July Address Know Facts? LONDON, July 7 (AP).v-The Daily News yesterday took issue with Pres- ident Coolidge's Fourth of July ad- dress. Such speeches do not serve the cause of peace and can do no good in America. while in Europe they do positive harm, It says, add- ing: "The implication in this and simi- lar speeches appears to be that love of peace is almost exclusively an American virtue and that the en- mities distracting Europe have their roots in a savage passion for war in itself. "These enmities arise from no such thing. but from jealousies and fears from which America is free—if she is free-not owing to her own super- ior righteousness but simply through historical and geographical acci- dents." . The paper contends that any American statesman prescribing for Europe ought first to master the facts and the symptoms of her case. “There is not a word in Mr. Cool- idge's speech," it continues. "which suggests that he has even tried to do this. Such speeches are worse than useless. " The Daily Telegraph finds a bone to pick with tho United States on another ground. It assumes that she American Government is "insisting sedulously upon immediate reform of the extra territorial rights in China" and argues therefrOm: "Washington has betrayed once more an unwillingness or inability to grasp the larger aspects of the or- iental question. mand at this hazardous moment she (thelfnitcd States) will assuredly be regarded in Japan as having at last thrown down the glove. for it isob- vious that Japan would not merely suffer the most by such modification. but in the present mood of the Chin- ese she would be so patently men- accd that. pacific as her intentions are. she would be persuaded ly the mere instinct of self-preservation to take immediate action." STRIKES OCT 23. MIDDLETOWN. Conn.. July 7 (AP).-—Gerald Woodrui‘f of Miildale. pitching for Mlddletown against Glastonbury in the Middlesex County Baseball League. Saturday. struck out 23 men in 19 innings and then lost the game. 2 to l. This was the longest game in the league this sea- son. Woodruff is captain of the next season's Amherst College nine. ”0.000.000 FIRE. LOS ANGELES. Juli“? blegram received by the Consulate General of Columbia today reported the destruction by fire of a large part of the City of Manizales. 110 miles northwest of Bogota. capital of Col- ombia. The business section of the city was completely wiped out. the cable said. with an estimated loss of 520.000.000. Called Harmful t o I Europ e—Doesn’ts \ By making this de-l (AP).— Samaritan! Gildlllili. 7.-—- 'l‘wcnty-scvcn payday! The Rev. W. L. Dickson. super. intnrdent of the Negro Orphan- ngc here. organized his institution :7 years ago. and was promised In salary of $1.000 a your by its directors. Six years wem by. however, during which his employers were unable to pay him a dine. So their superintendent made a motion that his own "salary" be discontinued. to save any worry about his not_getting it. and has worked 21 years for his board and clothes. But. honored by negroes and whites alike. there isn‘t a. hap- pier mau in Texas. Texas. July years without a ' JERE M. CLARK HAS GOOD CATCH u—w—O Jrre 3i. (‘inrk of The Norwalk Box Co.. returned yesterday.from his camp at Mananasko Lake at Ridge- ficld and had a most enjoyable fish- ing trip. A catch of 5 1-4 pound bass and a 4 1-2 pounder five min- utes later was a. feature of the trip. SERVICE IN OLD CHAPEL. SAN FRANCISCO. July 7 (AP).— Thc first service in 100 years was held yesterday in the old Russian Chapel at Fort Ross. 80 miles north of here. A delegation of 75 pilgrims headed by the Very Reverend Fath- er D. Sakovich and the choir of the Trinity Russian Cathedral of San Francisco were in attendance. Tito chapel was built in 1812 when Fort Ross was an outpost of the Rus- sian settlement in Alaska. MINISTER TO POLAND. SWAMPSCO'I‘T. Mass. July 7 (Al‘).——Formal announcement was made here today that John B. Stet- son. Jr.. of Philadelphia, had been appointed Minister to Poland. Collins E. Allen of Salem. N. J.. was appointed today to be Comptrol- lcr of Customs at Philadelphia. POSLAM CIEARS MOODY, PIMPIY OOMPIEXIOHS The costliest "beauty ireatment' won't remove pimples and freshen the complexion as quickly and surely as a 50c box of Poshml Dab n little on tonight. It is so concen- trated, yet gentle. that you should see a great improvement in the homing. At all druggists’. —— To Retain Your Youthful Bow” .We recommend the daily use of Which oentsine~7% of Peelers Ointment ASKS NATIONS TO TAKE ACTION ON COMMUNISTS International Organiz- ation at Geneva Calls Bolshevism Peril t o The World GENEVA. July 7.—(AP). A pc- tition asking collective international action against Communism has been sent to all governments by the “In- ternational Entente Against the Third Internationale." This organ- ization. with headquarters at Gen- eva, represents anti-Boishevist groups in 21 nations. The petition presents Communism . as "a. grave peril threatening to engulf all countries," and pleads for international co-operation against that menace. It urges prompt ac- tion “before Communism has fur- ther opportunity to grip the vitais of national life, national security and national institutions." and pro- poses agreements among the vari- ous government to prevent prepar- ation in one country for revolution. ary aggressions in another. it also suggests that Soviet em- bassies, legations and Red Cross mission be "prevented from abusing diplomatic privileges or hospitality by secretly propagating Communism fir PAGE 'I'HREI- . in the countries w here they are If.- whorl. " "it The document says: s' “The Third internationals is fit ‘ enemy of the League of Natlonl.,t ' has commundotl Communists to 09- 7: pose the application of tho Dowel plan. it has endeavored to wreck_ thi- loaaur's program for tho finali- i“ rial reconstruction of Austria. and I‘iunuan. it is assisting the clm- _ paign in pit-tent Gctnntny enteriul mi the league. " . STAN] FUR!) MAN HELD. STAMFORD. .Iuly 7 (AFL—Mal thew lioscnbloom. former owner of . the Connecticut Shit-t Company. now ‘7 In hands of a trustee. was bound ave! r" to the Superior Court today in "a l 500 bonds by Judge Young on‘l charge of making a false statement to obtain credit. m / BE YOUR OWN PLUMBER. Save All Middlemau's Profits» A Modern Bathroom, $567 Set comprises 6 ft. iron enamels bathtub. 21-inch apron front enamel ‘ ed wail lavatory. siphon action toilet . bowl. vitreous china. tank. mahpgut any seat. nloltel- plated trimming: with china index faucets. other bath room outfits as low as $45. Writ or call for catalogue. 4 M. SGHLOSSMAN dt SON 545 Third Ave. 30th St., New York] _ baienc Autt install withou annals . e“)? The @9 Built fittResalts 0,, AUTO”’“’" ES ch Ir e. u to 810. Ev no G; ClASSI Fl E D, ADVERTISING 1920. over- ition. 10.000 “Dilly 13 our in- .ie in the of car; dull . A inch dial. We , :Prices from o. “0 West St. KNOWLTON STREET The Demonstration House ' (THE PRIZE WINNING PLAN) HAS BEEN COMPLETED AND FURNISHED THROUGH THE COURTESY OF THE HADLEY CO. SIGN CORNER THE LOCATION— KEELER AVE. — SOUTH SIDE Keeler Ave.’ is six blocks north of St. Vincent’s Hospital and extends west from .Main to Wayne Sts. MAIN STREET Open for Inspection Monday, July 6th, to Saturday, July 11th, Inclusive I . From 10.00 A. M. to 8:30 P. M. daily. THE A. W. BURRITT CO. Phone Bar. 6600 BRIDGEPORT v RARY HEADQUARTERS. . 56 SOUTH MAIN STREET ALEXAN DER’S The, Home of Good Will.
Norwalk Chronicler