Chicago Tribune from Chicago, Illinois • 5

CHICAGO DAILY TRIBUNE 5 Recall Surprises Present Case for Yamashita 3 GO ON TRIAL ON CHARGES OF (Story in adjoining column) mailed the Pikes two lra suidi the names of eight of her friends who like flowers on a promise that she would receive a $1 surprise package of seeds, 25 bulbs, two house plants, a seek catalog, and six lovely handkerchiefs." That was in March, 1944. In June she still had received nothing, she (Story start on pagm 2) COURT UPHOLDS FREE SPEECH ON PRIVATE LANDS PLEDGES ACTION ON PLEA TO FREE 120 INTERNEES w. FLOWER FRAUD f( hlrs.ro Tribune Prens Rervlrel Washington, D. Jan. 7 Witli a dissenting minority objecting that "a novel constitutional doctrine" U.

S. Judge Will Admit Ecuadorian Demand was being established, the Supreme ft v. MRS. ELSIE MACOON court today ruled that religious Charged with using the mails to defraud more than one million flower lovers out of $300,000, the three Pike brothers of St. Charles, Kane county Ernest, 56; Silas, 53, and Charles.

49 operators of the Sunnyside Gardens nursery, went on trial yesterday before a jury in the federal District court of Judge Elwyn R. Shaw. Assistant United States Attorneys said, so she and a neighbor. Mrs. Dorothea Krause of 2719 Hawthorne Franklin Pirk, went to the nursery and demanded some Packages Finally Arrive A few days later Mrs.

Magoon received four packages, which she did not plant, and Mrs. Kraute re-! ceived five packages, which she! said grew into weeds. Welfeld said the surprise package plan was at its peak from February to July, 1944. when the Pikes werej mailing out 50,000 cards a day and receiving daily returns of 5.000 cards with dime. The business, he i said, was nation-wide.

Other witnesses included Mrs. views may be preached or spread on private or government owned BY CHARLES GOTTHART Chies.ro Tribune Press Serrlce property, despite the objection of the property owner. for all- inirr comfort seal drafiy window and door wiih nfw, plavir ral A II -I'AK. Applied with the fingers in tiff Without tools. Plug holes in floors, walls or ceiling.

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Sae-toardi family health. New York, Jan. 7 Court was expedited today on behalf Opinions asserting this viewpoint were read by Justice Black in two cases involving members of the sect Jack Arnold Welfeld and Bernard Sokol said they would call 65 witnesses who would testify that they called Jehovah's Witnesses. The of 120 residents of Central and South American countries who have been held CSV i tn ii I BIG $1' vote was 5 to 3 in each case with Justices Frankfurter, Douglas, Murphy, and Rutledge supporting Jus 125 I ROLL as long: as four tice Black, with Chief Justice Stone Catherine Thomas of San Gabriel. and Mrs.

Dorothea Meyer of 4126 N. Drake av. years at Ellis Island under the DRAFT-PROOFS FIVE WINDOWS did not receive value for their money after sending dimes to the Pike brothers in a "surprise package scheme. The defense counsel, Charles W. Hadley and John Nash, said the response to the plan was greater than anticipated and that war conditions prevented the nurserymen from filling all the orders and Justices Reed and Burton dissenting.

Lower courts had upheld the con lv3 Washington a d- mm r- SMAU StZl 29 victions of Grace Marsh for dis ministration's interpretation of its war time powers. Fedprnl move convict, ij, oenr i to Prison for Murder Richard Dickie Sells, 13. of Kirk-wood, Warren county, sentenced toi as promised. Associated Pren Wlrephoto) Capt. A.

Frank Reel (left), Col. Harry E. Clarke, and Capt. Milton Sandberg (right), defense counsel for Japanese Gen. Yamashita, pictured on steps of the United States Supreme court building yesterday in Washington, D.

after asking the court to review the general's conviction. tributing religious literature in Chickasaw, a company town owned by the Gulf Shipbuilding corporation, and of A. R. Tucker, an ordained minister, for preaching and distributing religious literature In Hondo navigation village, Medina 50 years in prison for the murder of Woman Gives Testimony Mrs. Elsie Magoon of 2718 Haw Mrs.

Mary A. Johnson, 78, last Sept. thorne Franklin Park, the first 16, was transferred yesterday from J.U. IUert E. Nevin Robprt Nevin promised a speedy hearing, on writs of habeas corpus filed to effect the release of the 120, mostly men of German origin, and supported lawyers efforts to force action by the the diagnostic depot at Jolict to the c.

seven women who appeared lor the government yesterday, said she Pontiac prison. county, Texas, a housing project owned by the government. Viola tion of state laws prohibiting tres 632-4 North THREAT OF CONGRESS MOVE FORCED ACTION ON LATINS: LANGER passing was alleged in each case. Violates Liberties Clark StrMf DL 2020 SUPREME COURT HEARS PLEAS TO siaie aepartment. Over the opposition of United States counsel, the judge said he would admit as evidence the Ec-J uadorian government's formal de-! The court's majority opinion reversed the convictions.

The fact that the property was private, not public. Justice Black opined, did not oays best buys justify the state's restriction of MRS. CATHERINE THOMAS SAVE YAMASHITA Maine Lnbatrra SoH Shell Crab Shad Roe Ojalera Pompjiiio Mountain Trout Dungene Crabs Little IVeck Clams 16 DELICIOUS fundamental liberties." "When we balance the constitu Continued from first page Chicago Tribune Press Service Washington, D. Jan. 7 Sen.

Langer N. D. asserted today that the state department did not move to dispose of the cases of hundreds of nationals of Latin American republics, interned in this country during the war, until after it was faced by threat of congressional action. Langer said in an interview that tional rights of owners of property against those the people to enjoy freedom of press and religion," he continued, "we remain mindful of enemy belligerent. Is entitled to no the fact that the latter occupy a mand for release of nationals of that country, if the lawyers are able to obtain the document from the state department.

1,000 Still Held The 120 are part of a group of about 1,000 still held at Ellis Island, at N. and at Crystal City, Tex, in what have been termed the American equivalent of enemy concentration camps. Five have been released thus far under habeas corpus procedure which proved to the courts that the internees were not the dangerous nazi sympathizers they were presumed to be. Under an informal agreement between the state department and certain Latin countries, FBI and other rights in our courts in time of Argue Commission's Legality preferred position." Justice Black said that managers appointed by Gulf "cannot curtail One of the points in dispute was whether the military commission, he tried for months to get action by the administration but that his the liberty of press and religion of appointed by authority of the su numerous pleas were ignored until these people consistently with the he served notice in a letter on Dec Omr Fa moss a Lobster Sappers! 28 that he would take the matter to purposes of the constitutional guarantees." Violates Amendments preme allied commander. Gen.

Mac-Arthur, was legally authorized to try Yamashita since It was created after the surrender of Japan. The general's counsel insisted the war CIIOICK COCKTAILS the senate floor when congress re- 3 RISTAURANT CLOSED MONDAYS ONI' convenes. The state department "A state statute, such as the one was over when the shooting stopped thereupon announced that it had taken steps to end the situation here involved," Black said, "which agents of the United States rounded enforces such action by criminally and the laws of war no longer applied. The government noted the which has stirred bitter resentment among the South American coun punishing those who attempt to dis IT'S YOUR FEET war has not officially been declared tribute religious literature clearly tries involved. violates the first and 14th amend Langer said he first became inter at an end.

Col. Harry E. Clarke, Capt. Frank Reel, and Capt. Milton Sand berg came here from Manila to pre sent Yamashita's case.

Each wore his uniform, with copious ribbons MRS. DOROTHEA MEYER TRIBUNE Photoil to attest his military service. ested in the internee cases last August when his attention was called to the fact that one of the largest detention camps is located in his state, North Dakota, near Bismarck. It is Fort Lincoln, which, he said, is still being operated on a war time basis with armed guards and floodlights covering the whole area at night. "The petitioner is entitled as a prisoner of war to the same legal OPEN SURPLUS rights and remedies as an American soldier accused of a crime, Capt ments of the constitution." Black said many people in the United States now live in company owned towns.

"These people," he added, "just as residents of municipalities, are free citizens of their state and country." Denies Absolute Rights Dissenting, Justice Rood noted that the court had always Interpreted generously the constitutional rights of the people to exercise freedom of religion, of speech, and of the press. But it has never been held that these rights are absolute and unlimited either in respect to the manner or the place of their exer Reel told the court. He is entitled STOP SUFFERING i Wear Pinkston's i Arch SUPPORTS MAD TO FIT FROM A rLASTt PARIS CAST OF YOUR PUT AND GET Quick Relief! AND ARCH CORRECTION FROM BROKEN DOWN ARCHES. FUT FEET, PAINS under HEELS antf Ball et FEET, Crooked antf Overlapping Toes, Weak Arches and Ankles, Lot Cramps, Poor Circolatitn, RHEUMATISM and ARTHRITIS-like Aches and Pains Caused from Arch Transits. Light.Sprtngy.Easy teWtarin Any Shea PRICES AS LOW AS Sll I 27 YEARS' EXPERIENCE 162 N.

STATE ST. SUITE 109 to a court martial or court trial. ARMY SHOP AT FORT SHERIDAN Fort Sheridan's surplus army sales The constitution extends safeguards to all human beings touched by our government machinery, not only a up a total of 7,000 persons during and after the war with Germany, and brought them to camps in this country. Of these, 4,000 presumably the most dangerous of nazi sympathizers have been deported to Germany. Two thirds of the Ellis Island Jn-'lernces petitions were filed by George Dix, New York attorney most active in the case.

He and the other lawyers have contended that this government's war time powers expired with the end of the war, find that the guilt or innocence of the Internees should be determined by courts in the Latin countries, and should not be subject to judicial Interpretation by alien enemy units set up by departments of the United States government. Policy Announced After long delays, the state department a week ago announced a policy for handling of the cases, but under conditions which brought protests from the lawyers. The government announced that if a Latin country demanded the return of its nationals, it would be required to take all or none, and that if this procedure were not agreed to, the United States should determine disposition of the cases. Dix and his associate, David S.I Kumble, told the court today that! subsequently became a citizen of Honduras. There, he became a government military organizer and instructor, but eventually wound up in jail after a change in political certain class of persons.

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No evidence was offered at the store began selling army articles to individuals yesterday, instead of limiting sales to jobbers. Several hundred persons were in line when the store opened. They purchased tools, electrical equipment, and plumbing supplies, at prices 10 per cent below government cost. Brig. Unable to leave Honduras before trial, Col.

Clarke argued, that Yama shita either ordered the atrocities Pearl Harbor, Hoffman eventually cise," he declared. What the present decision establishes as a princi or had knowledge of them. The ple is that one may remain on pri came to Miami, by plane, but upon his arrival, according to the attorney, was clapped Into jail there by order of immigration agents. prosecution contended so many atrocities were committed that vate property against the will of Gen. John T.

Pierce, commander of Yamashita could not possibly have the owner and contrary to the law of the state so long as the only ob Fort Sheridan, said this system will Jacobson said this was despite the been ignorant of them. Responsibility Administrative fact that an American ambassador net the government more money than sales to jobbers. jection to his presence is that he is exercising an asserted right to spread there his religious views. had suggested the plane trip, in "Do you contend that he could The store, in building 65 on Ronan absolve himself of all guilt altho he view of Hoffman's knowledge of Hitler police tactics presumably of "This is the first case to extend made no effort to prevent these value to the United States. at the north end of Fort Sheridan, will be open Mondays, Wednesdays, and Fridays, from 8 a.

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atrocities?" asked Chief Justice Stone. 12 AUTO THEFTS by law the privilege of religious exercises beyond public places or to private places without the assent of the owner. It seems appropriate to express a dissent to this, to us, novel constitutional doctrine." Col. Clarke replied that Yamashita 4 p. m.

the state department a few days ago ff had an administrative responsibil ity, not a criminal mailed documents to the internees TAINTS FILING TAX RETURN William Raphael. 7. of 62 W. Marquette Phone ANDover 3322 III SO. WABASH AVE.

at Monroe Open dally, from AM. to P.M. Monday, If A.M. Till 9 P.M. "The historical procedures, tra FORMER SEAMAN LOSES WALLET AND S50 Robert Court of Peoria yesterday renorted to fainted yesterday In the office of the Internal revenue department In the postofBce building while flllns his Income tax return.

He was revived before the arrival of a pul-, ditionally followed by Americans in their zeal to protect innocent persons accused of crime, consume time Police Capt. George Teeling of the police the loss of his wallet, containing $50 stolen auto detail, said yesterday ana a cneca lor oy. motor squad. and occasionally result in allowing 'Shop Tuesday 9:30 A. 31.

to 5:.10 P. which were denied their lawyers, and Stanley H. Lowell, assistant United States attorney, admitted that even he was not given copies of them, Kumble demanded an opportunity to prosecute the cases on their merits to prevent the state department from sidestepping the issues involved, altho It was agreed that many of the Internees would be willing to be returned to their homes without a court determination of their legal status. This is possible if a blanket return is agreed upon. that Ben Paddock, 25, of 4904 N.

Tripp for-m merchant marine seaman, had confessed stealing 12 automobiles in the last 18 months and selling them for an average of $1,200 each. He obtained fraudulent bills of sale by writing the guilty to escape punishment," he continued. But the necessity for streamlined convictions by military commissions ends when the emergency is over. The firing had ceased and there was no longer an emergency." The Philippines Supreme court denied a writ of habeas corpus for Yamashjta on the ground that it had no jurisdiction. If civil courts lack jurisdiction in the Philippines, the lawyer argued, then all acts of the United States army or any agency In United States territory are beyond judicial questioning.

Judge Feinberg Overcome at Lunch in Loop Hotel Circuit Judge Michael Feinberg was overcome momentarily, apparently from acute Indigestion, yesterday while lunching with two other Ben Paddock to the secretary of state on stolen army quartermaster corps station ery. His letters purported to give army authorization of a title to a fictitious purchaser of an army car Paddock was arrested Saturday. VAVA 3 CHARGE AGAINST BRIDE AND 'OTHER judges in a loop hotel. He went to his home at 3800 Lake Shore dr. after treatment by a house physi cian.

Ecuador First to Act Ecuador was identified as the first Latin country to demand the return of its nationals, and Bolivia and Peru were said to be preparing formal requests. It was not known whether any of the Latin governments would be willing to allow the United States to handle the entire matter in view of the war's end. Judge Nevin, who was transferred here from Dayton, after Federal Judge John C. Knox condemned government policies in a preceding hearing, tomorrow will hear a key habeas corpus case involving Au-gusto E. Ridder, a citizen of Ecuador, who is fighting deportation to Germany.

Beginning Wednesday, Judge Nevin will hear the cases agreed on by attorneys for the other 120 internees. Altho no defense is being made for outright nazi sympathizers, the attorneys contend that many of those interned were neither dangerous nor potentially so, but were the victims of war time hysteria. Altho most of the 120 at Ellis Island are of German origin, many became naturalized citizens of the Latin countries. One Man's Case In a brief plea today, Atty. Gun-ther Jacobson told the story of one of his 25 clients Franz Hoffmann.

"Hoffmann is no nazi," Jacobson told the judge. "As a matter of fact he was so anti-nazi that he was condemned to death in absentia in the notorious Nazi party purge trials. Despite that, he has been interned in this country for five years." After the court session, Jacobson explained that Hoffman had been a police expert in pre-Hitler Germany who fled that country when Hitler came to power and MAN' CONTINUED Charges of disorderly conduct against Mrs. Askor Irene McGinley, 29, Australian bride of a former naval boatswain's mate, and Stanley R. Nielson.

23, of 4911 Wellington avH a former navy ensign, who was arrested Sunday morning after leaving Mrs. McGinley's room, were continued yesterday to Jan. 18 in Domestic Relations court by Judge Francis Borrelli. Mrs. McGinley, who appeared in court wearing a black caracul coat, was represented by Atty.

Harry J. Busch, while Julius Smietanka represented her estranged husband, William McGinley, 27, of 5256 Quinry st. Mrs. McGinley resides at 3105 N. Keating av.

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