The Courier-Journal from Louisville, Kentucky • Page 3

SECTION 1 THE COUPJER-JOURNAL LOUISVILLE, SUNDAY MORNING, 'APRIL 13 1930V ihave been administering the affairs iMAN IS SOUGHT ROAD RIPPER ACT iof the commission since their ap pointment a month ago. Text of Opinion. GIRL TO SEARCH FOR MISSING FLIER Chicago, April 12 W) Over the waters of Lake Michigan and the AFTER CAPITAL GIRL IS FOUND MURDERED (Continued from First Page.) ine text of Judge Williams opin IS HELD VALID ALLEN PARTY AWAITING MEET Members Busy Making Arrangements to Attend Kr E. A. Convention.

54 FIRMS OFFER TEXTBOOK BIDS Commission Meets, Starts Making Classification for Adoption. Lambert, Mary Bryan Dobbs, Alta Gum. George Myers, Sue Towe. Josie Hancock, Anna GillenwaWti Wavie Willoughby, Verbel Wagonet. Vera Mitchell, Golda Travelstead, Willie McReynolds, Myrtie C.

Oft-borne. Merle Foster, F. T. Glover, J. P.

Meador, Ruby Borden, Pauline Napier, O. S. Guy, R. O. Cliburn.

Nina Mae Hughes, Mauda Cosby, Kathleen Franklin. Millie H. Scott, Vera French. Prudie Powell, Lillah Tracy. Nannie Dixon, J.

Shrop down and get my car because I don't Miss Betty cook or tvansion, wuiihave to meet Mildred until 6 o'clock." soar by plane tomorrow to learn, ift She was referring to Miss Sperry. Judge Williams Holds Legis inniWi irhot v.snrw.nKH tn. pitw I 'ho she was supposed to meet in Chicago artist and aviator.1 font of a department store. That the last time she was seen alive lature May Give Appointive Power to Others. shire, J.

E. Harston. Anna Graham, Aubrey Lamb. J. E.

ACTION IN WEEK SEEN Stovall. Delbert Terreil, Mayme M. SHAW PLANS VISIT WILL APPEAL DECISION Michigan Thursday nig-ht to keep an engagement with her. Pilots of a dozen airplanes who skimmed the lake and dunes today in a vain search for Skelton, fear that the answer is a tragic one "death." Skelton, who was flying from De Motor Salesman Slain. Chicago.

April 12 CP) Edward Wolf, an automobile salesman, was shot to death on a South Side street-last night, less than an hour after he had taken a "Mr. Weber" out for (Continued from First Pajrr.) (Continued from First race.) Special to The Courier-Journal. Scottsville, April 12. Allen on that account can it be said that Speck, P. W.

Dodson. Zelma Osborne, Mrs. W. H. Duncan, Lettie B.

Guy, Mary Cosby. Hattie Crowder, Beulan Stinson. Willie Hudson. Ethel Williams, Mae E. Rogers, Sallie Dixon, Viola Easter.

Noka Hood. Claudis Harris. Pearl Meredith. Kathleen Gatewood. Mildred Weaver, Irene McCoy and Leiron Neal.

troit to Chicago Thursday afternoon, is demonstration. County will send a large delegation liis status as an executive officer is His body, a bullet changed, that he ceases to be an ex through the the pavement; demonstration between two sions of a governmental requirement, there is no violation of the law as I see it. In Coleman, auditor, vs. Hurst. 226 Ky.

507, it was said: "It is firmly settled that all doubts as to the constitutionality of an act of the General Assembly shall be resolved in favor of its validity." In no Kentucky case do we find the elucidation of Sections 27 and 28 of the Constitution from plaintiffs' standpoint more aptly or convincingly stated than in Pratt vs. Breckinridge and Sibert vs. Garrett, relied upon by plaintiffs. The response to those cases is that, admitting the doctrine as sound and correct, the facts in this case do not make the doctrine announced in those cases' pertinent, because the Legislature here has not done what was complained of in the Pratt vs. Breckinridge, and Sibert vs.

Garrett cases. The' Constitution of Kentucky makes the Lieutenant Governor a member of the executive department. It devolves upon him certain duties which he must perform, but does not prohibit the Legislature from conferring upon him other duties. If you attack the Constitutionality of an act of the Legislature you must put your finger on the point of weakness. The Legislature may pass a law providing how an appointment shall be made, but it cannot make the appointment.

No appointing power has been exercised by the Legislature. Legislature Denied Appointments. In Craig vs. O'Rear, 199 Ky. 559, a case in which the Legislature passed an act establishing two normal schools, the lower House to se ecutive officer on that account heart, was found on earby the maroon roadster was wedged are H.

C. Burnette, Nicholasville, chairman; R. Gregory, Louisville; Miss Martha Holbrook, Owenton; Mrs. J. T.

WUlitt, Elizabethtown; L. C. Caldwell, Catlettsburg; Paul Boyd, Carrollton: J. W. Snyder, Owensboro, and Mr.

Bell, ex-officio secretary. List of Bidders. inough elected and commissioned as has been missing since he refueled the leaking gasoline tank of his biplane at Ann Arbor, Mich. 3 STATE MEN IN NEW CONSULATES the judge continued. In holding that the Lieutenant Governor was not a member of the legislative branch of the Government, The list of publishers filing bids PILOT REPAIRS LANDING GEAR OF PLANE IN AIR; CRACK-UP IS AVERTED (Continued from First Page.) the judge pointed out that he could follows: not be a member of the Senate, since ion reads: Since the matter involved is of so much public interest, it is proper for this court in a very brief way to announce the basis of his conclusions.

Constitution. Section 93: "Inferior State officers, not specifically provided for in this Constitution, may be appointed or elected, in such a manner as may be prescribed by law. for a term of not exceeding four years." Bearing upon this power given by Section 93 are the provisions contained in Sections 27 and 28 of the Constitution. Section 27. providing that "the powers of the Government of the Commonwealth of Kentucky shall be divided into three distinct departments, and each of them confined to a separate body of Magistracy, to-wit: "Those which are legislative, to one; those which are executive, to another, and those which are judicial, to and Section 28, providing: "No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted." It is not disputed that the Legislature had the right to repeal the act of 1926 creating a road commission, of four members appointed bv the Govwnor and to create instead the State Highway Commission of Kentucky to be composed of eight members.

So far there is no dispute, but the Legislature took the appointing power away from the Governor. That thev had tnc right to do that is not disputed. But, in providing an appointing bofird to name the members of the State Highway Commission, they included the Governor. Lieutenant-Governor and Attorney General. It is contended that the Lieutenant Governor is not an executive officer, but.

belongs to the legislative department, and that the matter of appointment to this board is properly an executive act. So the attack trees, wrecked. No one in the automobile agency knew neither did Wolf's wife. In reconstructing Wolf's death, police believe it is an analogy to the notorious Harvey Church murder of 1921. Church lured two automobile salesmen to his home under the pretext of wanting a demonstration.

He killed them to get the car. Police believe Wolf refused to give up the car to his assailant and that to the K. E. A. convention next week, Supt.

N. S. Shaw said today. A large number of Allen teachers are busy making plans for the meeting, to which they are looking forward with great interest. Besides Mr.

Shaw, those who plan to attend the gathering in Louisville are: W. E. Taylor, Ray Myers, Berton Frost, Lola Osborne, Ruth Johnson, George M. Tinsley, Whitney, Odelle Holland. Amey C.

Devine, Elizabeth Haley. Jesse Lee Woodward, Nellie D. Downing, R. H. Brawner, Mrs.

C. F. White, Clara Willoughby. Winnie Willoughbv. A.

P. Dalton. Mrs. A. Whitlow, O.

J. Hinton. the Constitution provides for only mirty-eight Senators. Status of Lieutenant Governor. Concerning the status of the Lieu Washington, April 12 iP) Three changes-in the foreign service affecting Kentuckians were announced today by the State Department.

Graham H. Kemper, Lexir-gton, now consul at Yokohama, Japan, was assigned as consul to Hamilton, Bermuda. Julian L. Pinkerton, Versailles, now consul at Lisbon, Portugal, was assigned as consul at Bergen, Norway. Barry L.

Franklin, Sonora, now tenant Governor. Judge Williams fur M. Burbank, 2110 Cherokee Parkwav. Hendricks, who will shortly be eligible for a private pilot's license, circled the field while the repair work was going on. Friends of the pair said they had seen the gear break just as the plane left the field but were unable to attract the attention of the fliers at that time.

in the scuffle that followed Wolf was ishot and the car wrecked. Then, they 'thought. Wolf staggered toward a consul at Berlin, Germany, was as- barbecue stand, half a block away, to Warsaw, Poland, and dropped on the street, dead. signed as consul Mae Newman, Golda Rather. Hazel ther wrote: There are thirty-eight members of the Senate (Section 35.

Constitution. If the Lieutenant Governor ceases to be an executive officer, and the Senate quota of thirty eight members is full, v.e shall have some difficulty in cataloguing the Lieutenant Governor, whether as Senator or what. Allyn fc Bacon, Chicago; American Book Company, Cincinnati; D. Appleton New York; Ausberg Publishing Company, Mor-ristown. W.

S. Benson Company, Austin, Texas; Blakiston's Son Philadelphia; Bobbs-Merrill Company, Indianapolis; The Centurv Company, Chicago; Cow-ard-McCann. New York: Ellis Publishing Company, Battle Creek, W. L. Eubank Indianapolis; Farquhar Albright Company, Chicago: Funk Wag-nails Company.

New York; Follett Publishing Company, Chicago; Ginn fc Columbus. Ohio; The Globe Book Company, New York. Halls MeCreary Company, Chicago; D. C. Heath fc Chicago; Haydon Eldredge, Incorporated, New York; Henry Holt Chicago; Houghton-Mifflin Company, Boston, Hausen Penmanship Company.

Columbia, Iroquois Pubhshins: Company. Syracuse, N. Judge Williams held that the act 3id not violate that section of the BYC K'S Constitution which provided for the separation of the State government Into three distinct units, each free and independent of the other. Where Guthrie Street Touches Fourth Avenue lect five commissioners, the Senate three, the ruling was that the Legislature could not make appointments to office. It was held that the Legislature could, however, confer the power of appointment on others.

That these commissioners are legislative agents of the State Boards bureaus a commissioners with the power to carry out legislative will, was upheld. In Pratt vs. Breckinridge, 112 Ky. 1, cited by plaintiffs, the controversy arose over the decision of the State Board of Election Commissioners in the contest for the Y. Johnson Publishing Company, Richmond, Laidlaw Brothers, -Chicago; Laurel Book Company, Neither is the ripper law in conflict with the Constitution, Judge Williams held, where the Lreislaturr does not attempt to appoint the officers, but only creates an agency of executive officers to carry out the provisions of a governmental requirement.

Selection Vp To Legislature. Judge Williams also held in his decision that Section 93 of the Constitution provided that inferior officials A Th A the ttractions ese rxz eaamq on trie state Hignway commission, created by the General Assembly in 1930, centers around the question of the make-uo of thP "appointing board" for the selecting of the eight highway commissioners provided for in the act. It is admitted that if the "appointing board'' is composed of Chicago; J. B. Lippincott Chicago; Little, Brown Boston; Longmans, Green fc Chiton: Longsmans.

Green Chicago; Lyons Carnahan, Chicago; Lyons Armor. Philadelphia; McMillan Company. Chicago; Mcntzer, Bush Chicago: J' lwcst Book Companv. Lincoln, Newsom ET eek At of Byck's aster New York; Owen Publishing Company, Dansville. N.

A. M. Palmer Company, Chicago; Prac- i tical Drawing Company, Dallas, Texas: Prentice-Hall. Incorporated, not specifically provided for in the Constitution, may be appointed or elected, in such a manner as may be prescribed by law, for terms not to exceed four years. "It is not disputed tht the Legislature had the right to repeal the act of 1926 creating a road commission of four members appointed by the Governor and to create a State Highway Commission to be composed of eight members," the Judge wrote.

That the Legislature had the right, to take the sole appointing power of the Highway Commission from the Governor is not disputed, Judge Will We Learned About Coats Silk New York. Rand McNally Chicago; Roe-Peterson Evans-ton, H. M. Rowe Company, Baltimore, Sanborn Chicago: Scott, Foresman Chicago; Silver Burcett Newark. N.

Southwestern Publishing Company, Cincinnati; Smith, Hammond Sr. Atlanta; University Publishing Company, Chicago: Webb Publishing Company. St. Paul, Wheeler Publishing Company. Chicago; The John C.

Winston Company, Philadelphia; The World Book Company, Yonkers, N. Zaner-Bloser Company. Columbus, Ohio, and Wooster Publishing Company, Chicago. iams neia. Judge Williams did not pass on the validity of the act which would re quire the Governor to submit the list From Chanel 'Jin i $29.75 The New Deja Frocks Of Robin's Egg Blue This is one of the four new Deja frocks to be advertised in Vogue on April 24th.

The frock sketched is a copy of Lucile Paray in new robin's egg blue Elizabeth crepe, wr i matching separate jacket. The blouse is of hand embroidered eggshell batiste. Sizes 14 to 20. of his appointees to the Senate for confirmation within ten days before the adjournment- of the Senate. The Highway Ripper Bill was introduced at the recent session of the General Assembly by Senator Aliie W.

Young. Morehead, Democrat. It passed both Houses, was vetoed by Governor Sampson and then was passed over the Governor's veto. Appointees Are Rejected. In addition, the Senate rejected the appointees of the Governor to the Highway Commission, under the bipartisan act.

They were James A. Scott, Pikeville: Arthur B. Rouse. Er- I LINCOLN MEMORIAL STUDENT STRIKERS' LEADERS ARRESTED (Continued from First Face.) office of Attorney General. The court, in an elaborate opinion written by Judge B.

L. D. Guffy, held that the State Board of Election Commissioners could not be created and its membership named by the Legislature. This was all that was decided by that case that would be of value in the case now under consideration, except the fact that the State Board of Election Commissioners was clothed with power as a court to hear and deteiMiine election contests, and for that additional reason, which the court held to be an attempt to establish a court not. provided for under the Constitution (Constitution Section 135 the act was held bad.

In Sibert vs. Garreft. 197 ICy. 17, the Legislature of 1922 passed an act amending and re-enacting the existing law with referende to the State Road Department, and in it there was created a State Highway Commission consisting of four members', the first ones of whom were named in the act; and the appointment by the Legislature itself was the cause of the invalidity of the act. Admitting to the fullest the binding effect of Pratt vs.

Breckinridge, and of Sibert vs. Garrett, we have here a case in which the Legislature did not attempt to disregard or violate the principles set forth in those cases. We find no Kentucky cases, as I view them, that justify an attack on the appointment of the road commissioners as made by the Governor, Lieutenant Governor and the Attorney General under the act in controversy. Unquestionably the appointment was made by executive officers, and that satisfies the law, although one of the appointing board, by virtue of his executive office, is called upon to discharge some duties in connection with another department. I do not understand that if my holding as to Senate Bill 35 is correct that Senate Bill 188 is important.

I therefore pass it without expresion of opinion. Having reached the conclusion that the appointments by the appointing board, consisting of the Governor, Lieutenant Governor, and Attorney General are in every way legal, 1 sustain a demurrer to the petition. three executive officers it is valid. Section 82 of the Constitution provides: "A Lieutenant Governor shall be at every regular election for Governor, in the same manner, to continue in office for the same time and possess the same qualifications as the Governor." Section 83 provides: "He shall, by virtue of his office, be president of the Senate, have a right, when in of the whole, to debate and vote on all subjects, and when the Senate is equally divided, to give the deciding vote." By various sections of the Constitution there are given various executive duties to the Lieutenant Governor: Such as if the Governor should fail to qualify, resign, be absent from the State or from any cause unable to discharge the duties of his office; then the Lieutenant. Governor shall discharge all the duties appertaining to the office of Governor.

Contested elections for Lieutenant Governor shall be tried by both houses of the General Assembly. Points to Carroll's Statutes. It may not be significant, but may be noted, that the compilers of Carroll's Kentucky Statutes under Section 69 of the Constitution, list the Lieutenant Governor as one of the executive officers for the State at large. It is true that by virtue of his office he presides over the but-, on that account can it be said that his status as an executive officer is changed, that he ceases to be an executive officer on that account though elected and commissioned as such. There are thirty-eight members of the Seriate (Section 35 Constitution).

If the Lieutenant Governor ceases to be an executive officer, and the Senate quota of thirty-eight members is full, we shall have some difficulty in cataloguing the Lieutenant. Governor, whether as Senator or what. "His generation will be equivocal." There is no denial of the requirement to preserve the three co-ordinate branches of government separate, as required bv Sections 27 and 28 of the Constitution. But when the act does not attempt 'to appoint the officers, as in Pratt vs. Breckinridge or as in Sibert vs.

Garrett, but only attempts to create an agency to carry out tne provi Silk coats are smart because they lend themselves to intricate cutting and distinguishing 1930 details. They're practical because you may wear them for afternoon or evening. The black silk coat sketched has a black and white langer; Con W. Craig, Paducah, and Charles W. Ryans, Louisville.

Another measure passed by the General Assembly would render in- eligible for reappointment a rejected appointee. Following the adjourn-' ment of the Senate the Governor re-' appointed the rejected members of the abolished commission. The Governor declined to sit with Lieut. Gov. James Breathitt, and Attorney General James W.

Cam- Other Silk Coals. $24.75 to $69.75 OUIS- Deja frocks are exclusive in ville with Byck's. the professors whose reinstatement the student body demanded. de Jonge Scores Methods. He said he had been "lured to Harrogate under the pretense that here was an exceptional opportunity for but that he discovered the educational methods in his department were so antiquated he felt compelled to resign.

McCarroll declared he refused to recognize Judge Morrison's announcement that he had been discharged, and would demand a proper faculty trial. He said Morrison today called him before a faculty committee, before which he refused to plead, and that they tried him in his absence and expelled him. Another demand made by the Coat Shop Second Floor Frock Shop Second Floor mack in selecting the Highway Commission under the terms of the ripper law. Governor Sampson, a Republican, took the view that the measure was unconstitutional. Mr.

Breathitt and Mr. Cammack, both Democrats, named eight Democrats to the commission. They were Roy M. Shelbourne, Bardwell: James K. Waller, Morganfield: Emory G.

Dent, Bowling Green; Ben Johnson. Bardstown; J. Lyter Donaldson, Car-rollton: Charles F. Montgomery, Liberty; A. P.

Plummer, Flemingsburg-, and Zach Justice, Pikeville. Mr. Dent, who is on a world cruise, has not taken the oath as a commissioner. The other seven Democrats The Frien New dship an mvesti- striking students is that outside educators gation be made by to determine whv Lincoln has not A' 'I 1 been accepted into membership of the Southern Association of Colleges as an accredited school. They asserted many seniors have been promised the school would be accredited before graduation, so their Bachelor of Arts degrees would be recognized.

Judge Morrison said he offered to have Dr. F. A. Seiberling. Akron, 0 10 $1.95 Ohio, manufacturer, and one of the school's financial backers, arbitrate the dispute.

Three weeks ago the students were Liberal Trade-in Allowance On Your Old Phonograph Or Radio The Deja Hat of Tuscan Lace $15 Rose Descat designed this Deja hat for the dress above. The velvet bows add a softening touch to the Tuscan lace. Fourth Floor The Navy Bl ue Handba3 $4.95 The smooth, sleek calfskin bag is the outstanding fashion note for spring. The clasp gites a touch of contrast. Main Floor prepared to strike, but on assurances from H.

E. Bullock, Lexington, that he would plead their cause before the executive committee, they abandoned the project. Following trit, resignation of President H. U. Rcop.

Mr. Bullock returned from Washington, after attending a meeting of the executive committee of the Board of Trustees, of which he is chairman. and announced he could not aid th students. They then struck. I Mr.

Bullock, at Iexington. today I sid his sympathies were with the strikers, that thev had considerable I justice on their side, because the ex This new silver' vogue in jewelry is smart because it is wearable either with navy or black. The choker is $1,95, matching bracelet, $1.00. Plated On the Latest Model ecutive committee had not kept laiwi with them. He said, however, he could take no hand in the controversy unless requested to do so by the proper authorities.

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