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EVENING PUBLIC ftEDGEft-PHItiADELPHIA, THURSDAY, FEBRUARY 10, 1920
j
CHARGES PL01 TO
' OUST N. Y. MAYOR
'District Attorney Swan De
clares That Object of Special
Grand Jury's Activities
READERS' VIEWPOINT
Letters to the Editor on
Current Topics
Constitution
itb Public Ledger:
ATTACK ON HEARST, TOO
By (lie Associated Tress
New York, Feb. 10. District At
torney Swnnn issued a statement Inst
flight in which ho claimed that the ex
traordinary grand jury's charges
against the three assistant dlstiict at
torneys were preferred as a subterfuge
to bring about Mayor Hylan's removal
and "to find something on William
Randolph Hearst.-' Mr. Swann ns
fcertcd that the graud jurors expected
Attorney General Newton rto designate
Alfred Xt. Becker, deputy attorney gen
eral, to take his place.
"The grand jury, presided over by
iMr, Almiral.'' he continued, '"has two
main objects. The first is to find
Mmeihing on the mayor, or a pretext on
which" he may be removed and another
appointed in his place, with a lively
hope that the other may consent to an
fight-cent fart. The other is that
thev hopo Mr. Becker will enable them
to find something on William Randolph
Hearst, who has been a thorn in the
Mde of the Interborough and the Trac
tion combination for jears and n. man
whom they consider to be the chief op
ponent of the granting of an eight-cent
fare.
''From the day the district attorney
announced to the extraordinary grand
jury," Mr. Swann continued, "that he
was investigating the falsitr of the
written financial statement published by
the Interborough officials and J. P.
Morgan & Co.. upon the faith of which
the public bought S3fl.000.000 of 'short
term notes in September, 101S. the
dominant members of the extraordinary
xrand jury, who
it action, began a search to find some
thing against the mayor and the dis
trict attornc). and they were joined in
the search by the judge on the bench.
" "who personally devoted two months of
his time and labor to it.
"The claim .that they desire to in
Testigatc this office is merely a pre
text to secure a substitution of the
attorney general for the district at
torney, who refuses to be a party to
their desirev.
"They have two objects. I reiterate.
First, to do the bidding of the great
and powerful traction interests, and
the other is political. In the language
of one of the members of the extra
ordinary grand jury himself, that is
to eliminate Hearst from the affairs
of this city for all time. And this was
the opportunity "
Attorney General New ton said here
he had not been officially notified by
the governor of his designation to super
cede District Attorney Swann as coun
sel to the grand jury. When he is
officially notified, he added, he would
go to Albany nnd confer with the gov
ernor, and that announcement of the
appointment or an assistant to carry
Prohibition and the
To t!3 Editor ot the Evtnin
Sir What follows is largely suggested
by a most Interesting and timely edi
torial In the Evenincj Pt'BMO Ledokji
ot the Blh Instant entitled "Igal
Quibbles Can't Kill National Prohibi
tion" The article In the main deals
with that part of Sir. Root's argument
at Trenton some da s ago In the FelRen.
span case, to the ereect mat me iigui
(the object of which In not In question
here) Is now In process and likely will
be soon confirmed. Its sponsors aro
already celebrating1 it. Judging by tho
temper ot tho times, there will probably
be more attempted ot various sorts and
kinds, particularly In view of the tact
that this eighteenth amendment demon
strates tha celerity and easiness with
which changes In our system ot state
and federal government can be made
A Now York Journal very recently
suggested that the time wan rlpo for a
constitutional convention to deal with
the entire federal constitution more or
less and that tho party that adopts this
aB a plank will secure a potent follow
ing Wo don't agree with this, but It
shows a trend of thought.
Therefore, would It not be well and
forehanded, while wo are In tho way and
the amending Is good," to propose still
another amendment, namely to Article V,
liroVldlnc tint no nmonrlmpnt tftcctlllfr
the reserved rights and powers ot the
eenth amendment Is had because It state or tho autonomy nf the Btato and
Involves legislation. The writer seems federal system of government, partlcu
to agree with Mr Root from an 1 larly as to tho established powers of
academic standpoint but not altogether, their Judicial branches to declaie statutes
from practical point of view. If Mr. unconstitutional, shall be valid, without
Root's point onlv concei ned the direct action by tho people cither by vote
lumini.i- or inrouKii conventions representing
necessary pasteboard, llo was quickly
espied by, tho floor manager or some
one else In authority and told to get
out. When ho demurred he was kindly
but firmly taken by the arm and
escorted to the door. And the dance
went on.
"By and by the unlnvltod one mado a
second appearance nnd had got well
Into the hall before tho floor manager
saw blm. Without delay that official
approached the stranger and sternly
ordered him to leave, This time the
Intruder sought to remonstrate more
vigorously than he had done at his first
ouster. To the aid of the lynx-eyed con
servator of tho poclal convention came
Beveral other husky young merrymakers,
who laid violent hands on the outlander
and thrust him from the room, accel
erating his passage by a lusty kick or
two.
"As he regained his equilibrium the
rejected visitor muttered:
' 'I know what's the matter; they
don't want me In there." "
Mr. Bryan's smile, as he concluded his
anecdote, again was reminiscent, but
with a touch of Inscrutability for all
its good hunor. II, J.
Philadelphia, February 17,
Why Mln's Mother Dusted
To the Editor of the Evening Public Ltdger:
Sir I am offering the following solu
tion to the mystery 'of the "woman In
black" :
Undo Dim Is a married man. After
deserting his wife he Balled to Australia
and struck it rich. Then he became
lonosome and decided to visit the Gumps
nnd shnic his rlohes Wth them. Sud
denly ho discovers his wife hounding
him. Realizing she must be wise to his
accumulation of oash and not deolring
to include her In his profit sharing
campaign, he breaks camp and beats It
back to Australia. However, his wife,
not knowing of his departure, still hanga
around the Gump mansion.
As soon as Mln's mother saw the
"face at the window" she thought It
was tho dressmaker who 'manuroo
tured" that costly wardrobe which no
brought along and had not settled
for. Hence tho departure of mother.
As for Andy and Mln's nervousness,
that's their natural disposition.
CARIi A. ROGGU
2743 North Ninth street.
She' Trying lo Steal Chester
To the Editor ot the livening Publlo Ledger:
Sir Hero Is my opinion: I think the
woman In black heard about Uncle Blm
being a very rich man and that he gave
Andy Gump a couple of hundred dollars.
She is trying to get a chance to steal the
money, but every time she Is being
caught as one of the Clumps always
sees her, and then she hides or runs
aVOr," hearing Uncle Blm giving the
Gumps money, she Is trying to steal
Chester and toMmftg agmjom.
G03 Porter street.
mpchnnir.q nf this constitutional !
tlon, ono would bo Inclined to rfgree with
the .editorial and also to agree In any
event If the amendment had been ratified
by the people as such
Scientifically speaking, constitutions
and so amendments, should be confined
to the statement of general propositions
concerning governmental functions leav
ing the details to bo worked out by the
Legislature. In practice, however,
especially in the more modern Instances
of state constitutions, the method is
often tho reverse. Our own state con
stitution furnishes some Illustrations.
This Is doubtless because tho framers
(as the editorial Indicates Is the case
here), are afraid to trust the purelv
legislative end with the carrying out ot
general directions.
This It seems la not necessarily fatal
to a constitutional amendment, If
fundamentally within the power to
amend, nor perhaps if beyond that
power, If it Is adopted or ratified by the
vote oi' other direct action of the
people In such case, while Its initiation
might be technically invalid, It could be
held good on the theory of being bayed
on a revolution, though a bloodless one.
The Pennsylvania constitution of 1873
as reeards certain forbidden changes In
the bills of rights wa deemed to bo I
partly revolutionary and was sustained
on the ground of the approal of the
people by vote of a large majority. We
do not have Mr Root's argument on
this question, but rather understand It
goes deeper than the mere question of
administrative detail, In that, under
Article V, the Initial business of Cong
ress Is only to "propose" a general
subject, thus leaving It if that be rati
fied, to the then Contress (almost cer
tain to be a different body from the
nu nxtcuuruiwui i ' 7 . , ,. ..i.. i..i...
hn.l Vioon nnntrnlllni-' Proposing Longresaj ill na jiuioij icRio-
nnu been controlling i-,i... .....n., . ,. na Mrrv out.
WhprpflR hprft Concress is not Dronoslnc
something affecting the powers of the !
government generally but is acting par
ticularly and directly and so legislating '
In a war that Is irrepealablc by another I
Congress, certainly as to the time when I
prohibition begins.
An essential element of legislation is
that it is subject to repeal by the same,
or a succeeding law-making body. There i
has been no approval by the people as
such Apparently this is not required
by Article V Nevertheless, this may
be held to be an essential factor for an
amendment of this nature and that too
by a reasonable construction of
Article V.
However this may be, what is even
more Interesting. Is the latter part of i
the editorial. In the last paragraph the j
writer senses and refers to what seems
to be the evident underlslng question;!
..-. , .. i . I....,...... ,1... i
mat is, mat me limenumciii uiuim ia ,. ., ,, " . 7 .. , ;
appropriation and exercise of police I th?..curf? J' " J?"1" spl,rl -asked.:
nowors hv thH Federal Government ..Mr- B'an. dp you expect to bo a
which were never granted to or vested
1'iMiresent
them' Thus eliminating the nossibllltv
of binding people by mere action of state
legislatures, whose choice as local legls-1
lators never contemplated such an ex
ercise (surrender of resered powers,1
etc.) on their part, and who, certainly
In one state, If not all, are without power
to surrender and give away the verv
power, which by the so-called ratification
of this eighteenth amendment It Is con
tended thoy have surrendered, and who
furthermore, the very people ot one state
at least, have seen to It, are absolutely
i without power to add to or take away
from their own state constitution wlth-i
'out the approval and Aote of the said1
people
There appear to be good reasons, even
I as Article V now stands, for contending
that amendments such as those above
Indlcnted would not be valid, but a
chango of this article would remove any I
doubt The question Is not new, except
In Us present emphasis. It wns foreseen '
by some 133 years ago. The previous t
muypiuci'ii iimpnumeius UK1 not tOUCh lf
or did not squarely ralso It This eight
eenth nmenilment does. That is the rea
son for this communication.
WILLIAM S. WALLACK.
Philadelphia February 14.
Mr. Bryan and the Unwelcome Guest
To the Editor if the Evening Public Ledger
Sir Your narrative of the good nature
with which William J Bryan accepted
the joke upon himself when he learned
that the most appreciative applause of
a speech he made In Nebraska came
from two inmates of the State Insane I
Asylum, tho orator thereby proving !
himself, as ou say. "not entirely with-,
out a sense of humor," recalls a memory
of a visit of the peerless leader to this
cltv.
It was some jcars after his second
defeat for the presidency about 1906, i'
think that Mr Brj an was a guest at
the Pen and Pencil Ciub for a few hours I
following a lecture on "The Prince of1
Peace," or one of the other topics that
engaged his platform eloquence. Beer
was served at the luncheon the eight
eenth amendment and the Volstead act
were unborn In those halcon days, and
when an attendant started to open a
bottle for the distinguished -visitor the
latter shook his head as he declined
tho proffered refreshment.
"Do ou object to our drinking, Mr.
Bryan?" politely inquired one of his
entertainers.
"Oh, no," was the answer though
perhaps In a deprecatory tone ; "that is,
If you want to."
My recollection is that all the news
papermen present did want to and
emptied their bottles.
i onversation crew animated and in
In "that nvernment"bv the states, but
on the contrary were reserved by them.
Xfc" editorial writer's answer Is that
the states (I take It meaning the
"people" and not merely the political or
governmental organliatlon) have con-
o-n the work before the grand jury would over the liquor traffic, through the re
be made from there. , quislte number of state Legislatures
ratifying the amendment. But 13 not
. thla reailv tho erv Question Involved?
FHONt tAHNINGS INCREASE Have they? Can It be done In this way'
This of course can only be settled by
I the Supreme Coujt
I It is probably one of the most, if not
the most momentous constitutional
question that has ever arisen.
The present objective of prohibition
candidate In 1908?
A smile, reminiscent but plainly
amused, came to the face of the peerless
perennial as he replied:
"Boys, I'll tell ou a little storv In
answer to that leading question. "Oui
in Nebraska a dance or a party of son,
kind was given by a select group. No
one was permitted to enter tho hall
except persons who had invitations.
"Early In the course of festivities a
joung man, by some hook or crook, had
managed to gain admittance without the
cA Table Drink You
Ought to Know About
Thousands of people now use this agree
able beverage in place of coffee because
of its greater healthfulness and economy.
nstant
Postum
has an attractive coffee-like flavor
always uniform; and you can vary the
strengh to suit any taste.
Instant Postum comes in tightly sealed
tins 50-cup size SOclOO-cup size 50c
is the usual price.
At Grocers Everywhere!
Made by the
POSTUM CEREAL COMPANY, Battle Creek, Michigan
Operating Revenue for November
". Greater Than in 1918
Washington, Feb. 10. fBy A. P.)
v Tu ...' ...! .i.. .: .', l fwlth which we have no quarrel) is
,,n.u uur.uB i.ii- xame moniii neffnRlbIe, a sde Issue, considering the
made public today by the Interstate
Commerce CommKMon. Net operating
revenue, for sixty-four companies in
November were ?S,!),"0.424. an increase
of $M9..10S over the net operating rev
enue in November. 101S.
Gross revenues for November totaled
SSfl.fi7fl.1S1. nn incrensp nf Sfl.S91 (lRP. I
over the preceding November. Operat
ing expenses aggregated $27,02.", 7.",
compared with S21.744.0S2 in Novem
ber, mis
fundamental questions of government
concerned. Whether the amendment
stands or falls must depend upon the
construction placed on Article V, taken
In connection with certain other con
stitutional provisions and having regard
to the possible effect upon our dual
system of goernment.
It might be of interest to discuss here
these questions, but to do that reasona
bly would Involve too great a trespass
upon your generosity In the matter of
space. However, this perhaps may be
added Another important amendment
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