The San Antonio Light (San Antonio, Tex.), Vol. 42, No. 83, Ed. 1 Wednesday, April 12, 1922 Page: 1 of 24
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VOL. XLII—NO. 83.
MAYOR WINS IN HEALTH FORCE FIGHT
TWO MORE MAT
DIE OF BURNS
-11 l GUMP OUST
Explosion Which Has Been
Fatal to Four May
Claim Others.
PROBE IS STARTED
Anny Officers Visit Scene
of Tragedy to Gath-
er Information.
Two more soldiers of the 17th Infan-
try injured at Camp Bullis Monday
night in the explosion of pyrotechnics
which has already resulted in the death
of four men are expected to die. Two
others are getting better and the re-
mainder are out of danger and will live
station hospital authorities Fort Sam
Houston said Wednesday morning.
Private Joe Russian of Orange Tex.
and Private Antonio Duarte of New
jiedford are both in a dangerous con-
-5^72^9- These men were badly burned
about the body in their attempt to es-
cape and hopes for their recovery ary
slight.
Private Harry Stasy of Detroit and
Private lite Leman of Port Arthur were
reported as improving at the hospital
with good chances of recovery.
Those who are said to be out of dan-
ger arc Private Ernest Hann of Palos
Ala.; Private. Mathew Vlademer of
Wilmington. Del.; Private Robert. U.
Muir of Washington; Private Frank
Walker of Norman Okla. and Pri-
\ate Robert Green.
Four Already Dead.
The explosion which occnred;at Camp
Bullis at !• o'clock Monday night has
already ctfuacd the death of four meu.
Private John A. Benner of Baltimore
died at 7 o'clock Tuesday morning
after being rushed to the station hos-
pital when he collapsed after rescuing
some of his comrades from the burning
P ' Private Felix Catchings 233 Dull-
nig street San Antonio died at the
hospital at 3 o’clock Tuesday after-
noon. Private Joseph H. Miller of
Reading Pa. died in the flames and
bis body was not recovered until res-
cue workers could brave the heat of
the pit early Tuesday morning.
Private Adolph Alanis of 250 V South
Flores Street Sau Antonio died at
3:40 Tuesday afternoon. Private
Alanis made his home with his grand
parents Mr. and Mrs. Thomas Frias.
Funeral arrangements arc being made
yS^vate Catchings lived at 233 Dull-
nig street with his aunt Mrs. Nellie
Allen. His father lives in Waco.
Cochran Heads Engineering Board.
Col. William B. Cochran commanding
the Seventeenth Infantry beads a board
of army officers to conduct an investi-
gation into the disaster. Others on
the board are Capt. G. R. Mead and
Capt. F. E. Linnell. These officers
spent Tuesday on the ground going into
details of the explosion.
From the officers and men who wit-
nessed it the general belief is that
when a rocket fell back into the rifle
butt other pyrotechnics were ignited
each lighting more and soon the air
was filled with jagged streams of light
as the rockets swished out of the butt
belter skelter.
More than fifty men scattered along
the pit which is 100 feet long were
endangered and all had to brave the
exploding stacks of pyrotechnics in an
attempt to get out.
The accident came after an nil day
demonstration of modern warfare
shown for the benefit of reserve offi-
cers attending a conference at Fort
Sam Houston. The night’s display of
pyrotechnics was about over when the
accident occured.
REPUBLICAN WINS
IN NEW YORK VOTE
FOR CONGRESSMAN
“Wet” Democrat However
Cuts Great Chunk From
G.O.P. Plurality.
Corning N. Y.. April 12— Unoffi-
cial returns complete foi the Thirty
seventh Congressional district today
gave Lewis Henry Republican a pit;-
islity of 3087 over Judge Frank Ir
vine. Democrat iu yesterday's special
election.
Prohibition was the dominant issue
in the campaign. Judge irvine declar-
ing for repeal of the Volstead act. Mr.
Henry stood for prohibition and was
supported by prohibition organiaat'mi.
The result was acclaimed by the "wets”
as a victory for their side They po'nt
ed to the reduced Republican pluralifv
in 1920 it was nearly 30.000 and the
fact that all four cities m the district
reversed themselves today by giving
pluralities to Judge Irvine.
Prohibition advocates said that a
large part of tbeii vote was kept away
from the polls because o' bao weather.
Republicans Are Victors.
Chicago 111. April la.—Congress-
man Richard katew and Charley Ram
Isme apparently have won the Rep‘b-
bean nominations fur congressman at
large from Illinois on Mie face of re-
Uirns from 2073 out of b 835 precincts
■By this morning.
THE SAN ANTONIO LIGHT
MUSIC BY RADIO IS ENJOYED
BY THOUSANDS IN SAN ANTONIO
AND SURROUNDING SECTIONS
Concert Given by Julien Paul Blitz and Mrs. Blitz Is
Heard to Good Effect the Music Coining in Better
Than Ever at Some Points—Concerts to Con-
tinue Throughout Week Only Disap-
pointment Was in Downtown Sections.
Tuesday night's radio conceit sent out
from the Camp Travis communications
school was picked up by hundreds of
amateurs in the city who in turn ampli-
fied the concert for friends aml neigh-
bors so that several thousand people
heard for the first time music picked
out of the air. At all ot the stations
where amplifiers were used the coi*#rt
put on by Julien Paul Blitz director
cf the San Antcnio Symphony Orches-
tra accompanied by Mrs. Blitz was en-
joyed and iu some cases the music was
amplified so that more than a hundred
could hear.
The two downtown stations were to-
able to get good results due to the in-
terference of electric wires and the ab-
serption of the ether waves by the steel
buildings and general electric disturb-
ance in the downtown section. The
Kelly Field truck at Travis Park
caught some of the music but lack of
amplifiers prevented any large number
of jiersous from hearing. A different
antennae is being fixed tip Wednesday
for the concert to be given at the usual
lours 7:30.
Better Than Ever at Red Cross.
The Red Cross building at the sta-
tion hospital again entertained several
1 uudred patients and soldiers with the
big set from Fort Sam Houston. The
music came in better than ever it was
stated.
John G. Holterman 118 Essex ave-
nue said Wednesday morning that hie
set picked up the concert perfectly and
in addition to people in his labvrati ry
many stood butside in the yard and
beard the concert.
The Alamo Radio Electric Company
at 008 West Evergreen caught the cua-
Seaman's Wife Would
Bum Homestead and
Blast Naval Station
Pittsburg. Px April 12.—Declar-
ing in a bill of particulars filed yes-
terday that his wife threatened to
burn down their quarters and to
blow up the entire naval station at
Newport Rhode Island Lieutenant
Commander Henry C. Gearing Jr.
of the United States navy is bring-
ing divorce action against his wife
Olive 8. Gearing.
The wife on the other hand
charges her busband with desertion
alleging that he left her penniless
when they were living nt San Diego
where be was stationed.
TELLS OF ASSAULT
Eagle Pass Chauffeur Left on Roadside
F'or Dead.
That Juan Valdez Eagle Pass chauf-
feur was beaten Into insensibility
robbed thrown into a brush thicket and
left for dead was the story told by
Deputy Sheriff Cal Speers of Maverick
county at city detective headquarters
Wednesday. Three soldiers members of
the Fifth Cavalry captured here Tues-
day by Detectives Duke Carver Schrae-
der and Jenson in connection with the
assault and robbery were surrendered
to the border county officer.
“Valdes is employed by Leo Wueste
as a chauffeur. He was engaged Mon-
day night for a short ride” said Deputy
Spears. ' Several miles out of Engle
Pass Valdes was beaten with a heavy
atone. While unconscious his pockets
were rifled a few dollars and a watch
t.keu. He was thrown from the car
landing in a thicket along the road.
The chauffeur walked to Eagle Pass
reaching the town at 5 o’clock Tuesday
morning.
THE WEATHER
TEMrKKATUBES.
APRIL. 11.
S n. m 7S 2 a. m «»
1 p. 71 3 a. £9
4 p. m 78 4 a. m «»8
5 p. m 78 8 a.
6 p. 7« 8 a.
7 p. m. 76 7 a. 62
8 p in 73 8 a. m 64
9 p. m 70 9 a. m •••••• 65
10 p. m. 68 10 a. n» 67
11 p. m 64 11 a. m. •••••• 69
12 midnight.... 63 13 73
APRIL 12. 3 p. m. ...... 77
1 a. m <1 3 p. m SO
WEATHER.
San Antonio and vicinity: Wednesday night
and Thursday unsettled; warmer Wednes-
day night; minimum temperature about
68; moderate to fresh southerly winds.
HOME WEATHER FOR TOURISTS.
St. loals: Temperature 44; clear; 6-
mile wind from the southwest; lowest
temperature In last 34 hours 42; high-
est 44.
Chicago: Temperature 38; clear; 12-
mlle wind from the west; lowest tempar-
ature In last 34 hours 86; highest 64.
KMnsaa City: Temperature 44; 'clear;
10-mlle wind from the southeast; lowest
temperature In last 24 hours 42; high-
est. 86.
New York: Temperature 64 cloudy; 82-
mlle wind from the west; lowest temper-
ature In last 24 hours 54; highest. 80.
Washington: Temperature 60; partly
cloudy^ aix-mile wind from the north-
weat; lowest temperature In last 24 hours
56; highest 84.
SAN ANTONIO TEXAS WEDNESDAY APRIL 12 1922.-TWENTY-FOUR PAGES.
cert in good shape with 100 people lis-
tening as did the plant of L. E. Wall
210 Perieda street
The concert sent by Mr. .nd Mrs.
Blitz proved admirable for radio trans-
mission. as the eello music registering at
the receiving station in .ife-like fonts.
Mr. Blitz played “Andacnt.” by David
Cooper composer of “In the Forest.”
‘ The Entry ‘ Imp Dance" and “De-
votion.”
Mr. and Mrs. Blitz. like Miss Jordan
the artist for Monday night were en-
thusiastic about the concert ot mutie
by wireless.
Wednesday night’s coacert wiil be
given by the San Antonio Music Com-
pany with a special series of ree-rJs
ot famous artists. This concert will
start at 7130.
Enjoyed at Amateur Stations.
Amateur stations ou Alamo Heights
Denver Heights West End Laurel
Heights and in the south side of the
city reported that the concert came in
clearly and distinctly.
In all several thousand persons are
believed to have heard the concerts at
the various stations scattered over tbe
city as well as those in neighboring
cities.
The station at Camp Bullis picked up
the concert Tuesday night and amplified
it for an audience of soldi* rs. The reg-
ular station at KrJly Field likewise
turned the amplifier out of the window
nud entertained officers and men and
their families.
The concerts will continue through-
out the week as the amateurs arc keen-
ly interested in the uevelopment of radio
telephony and many improvements have
already been made in the amateur sta-
tions.
FREE STATE TROOPS
ARRANGE TRUCE WITH
ULSTER CONSTABLES
Opposing Leaders of South-
ern Ireland to Hold
Peace Conference.
By tlie Associated Press.
Belfast April 12.—A truce has
has been declared between the Ulster
special constables and the Free State
troops who have lx*en in menacing
proximity along the Fermanagh bor-
der between Ulster and South Ireland
it was announced today.
The peace conference between op-
posing leaders of Southern Ireland
will open in Dublin tomorrow after-
noon it was announced. The confer*
mee was postponed so sr to euabh
Archbishop Byrne of Dublin to at-
tend.
Lord Mayor O’Neill of Dublin in-
formed the Belfast Telegraph co r res«
pondent in Dublin that Stephen
O'Mara lord mayor of Limerick also
had been invited to the conference and
had accepted.
ABOUT SIX HUNDRED
MEN DUE AT POST AND
TRAVIS ON THURSDAY
First Detachments of 1200
Due Are Expected With-
in Twenty-four Hours.
Replacements for the Second Divis-
ion at (’amp Travis are to arrive in
San Antonio Thursday from the Fifth
Corps area it was stated at division
1 cadquarters Wednesday morning. Fort
!>ujamin Harrison is sending 395 men
and Uolunibus Barracks is sending 217.
A total of 1200 men are to be recruit-el
in Ohio Indiana Kentucky and West
Virginia and sent here.
Some of the m^n will be placed in the
Fourth Cavalry Fort Sam Houston
The majority however will go to
the division where they will be divided
among the infantry and field artillery.
The addition of these men will fill the
artillery regiments pretty web but there
will still remain a large number of
vacancies in the four infantry regi-
ments.
Recruiting by Camp Travis organiza-
tions has reached the point now ^here
the rate of enlistments exceed the rate
of discharges. During March there
were 120 separations from the service
ard 197 enlistments both original and
ie-enlißtments.
Lack of funds alloted to thu organiza-
tions for recruiting purposes prevents
the units from keeping up to Their au-
thorized strength.
The rest of the 1200 recruits arc ex-
pected in the next few days. They will
arrive on troop trains.
WILL HONOR HUGHES
University of Wales Will Confer Hon-
orary Degree Upon American Statesman
By the Associated Press.
Ixindon April 12.—The University
of Wales has decided to confer the hon-
orary degree of Doctor of Laws on
Charles E. Hughes American secretary
of state who is qf Welsh origin for
eminence as a statesman and for bin
services toward securing International
peace according to the London Times
W HOLIDAY’
nt FROM
GENOA MEETING
Lloyd-George Expected to
Suggest Agreement to
Limit Land Armaments.
FRENCH OPPOSE PLAN
Question Has No Place on
Conference Agenda
Barthou Says.
By the Associated Frew.
Genoa. April 12.—Prime Minister
Lloyd-George of Great Britain contem-
plats suggesting an agreement for limi-
tation of land armaments in Europe
for a definite period according to an
unverified report before tbo adjourn-
ment of tlie present international eco-
nomic conference.
The “army holiday” it is thought
will be patterned after the naval holi-
day completed at the Washington con-
ference.
Disarmament continues to be the most
discussed question among the delegates
although barred from formal considera-
tion.
French Attitude Outlined.
The statement of Louis Barthou head
of the French delegation to the Asso-
ciated Press yesterday explaining why
France cannot discuss disarmament at
Genoa will probably remain the basis
of the French attitude on this question
despite the attempts ot the Russian
delegation or other national groups to
raise the issue.
“This is a purely economic confer-
ence” said the French leader last uifht
again emphasizing France's position
“and we have simply got to stick to our
agenda as America did at Washington
'otherwise we will get nowhere.”
Asked if France would be disposed
to discuss disarmament at some later
conference M. Barthou replied: “If I
wanted to say the easy pleasant thing
my answer would be yes and that the
real answer of France is we don’t
know.
Russia Has Great Army.
“Don’t forget that we have before
us a great army in Russia and while
Germany certainly is not a menace at
present we have a menace in the poten-
tially great German army of the fu-
ture. You have perhaps observed the
anodyne texture of the German chancel-
lor’s speech before the Genoa confer-
ence. We do not know what Germany
will do but I can say this—my latest
official reports from Paris do not indi-
cate that Germany is in a tractable
spirit increasing the vital matters em-
bodied in the Versailles treaty.”
M. Barthou emphasized that a dis-
armament program is now under con-
sideration by the League of Nations
which he said it would doubtless give
proper attention.
Organization of the economic commis-
sion of the conference was effected to-
day by the election of M. Colrat. French
under-secretar.v of state as president.
The commission then took up the ques-
tion of the formation of a sub-commis-
sion and the appointment of such a
commission composed of twelve mem-
bers. was agreed to after considerable
debate.
Sub-commissions Suggested.
The discussion was opened by the
Hungarian representative who suggest-
ed the formation of four sub-commis-
sions so that the problems regarding
each of the four principal sections of
Europe could be separately considered.
Serbia and Holland opposed the Hun-
garian suggestion. Their opposition
was regretted by Hungarians especial-
ly that of Serbia as the Hungarian dele-
gate said the suggestion was made par-
ticularly in tbe interest of the Balkan
countries. After President Colrat had
expressed the view that such action now
would be inadvisable however Hun-
gary did not press ber suggestions.
Holland suggested the sub-commis-
sion be composed of thirteen delegates in
order to give the smaller countries six
representatives. The British delegates
smilingly remarked that thirteen was
an unlucky number and it was finally
decided that the number should be
fixed at twelve.
The commission on transport also ef-
fected organization by election of Pre-
mier Tbeunys of Belgium as president.
A sub-committee composed ot twelve
delegates was formed.
ANOTHER REASON WHY.
Every day there are numerous
calls at The Light office by people
wanting to rent furnished or un-
furnished bouses. Probably you arc
going away for the next few months
and the only thing that is keeping
you at home now is the fact that
you bare no one to stay in your
home while you are gone. There
are hundreds of young couples in
San Antonio anxious to rent a fur-
nished home for a few months. Tbe
easiest way for the homo owner and
(he man who wants to rent is to use
Tbe Light classified columns. The
paper is printed in tbe evening and
you get today's news today. That’s
another reason why Light ads are
FIRST IN SERVICE
BEST IN RESULTS
KING GEORGE CONFERS
EARLDOM ON FORMER
PREMIER OF BRITAIN
AjeiHua'jj
By the Associated Frees.
London April 12.—King George as
conferred nn earldom upon Sir Artur
Janies Balfour it was officially an-
uounced today.
CROW MURDER CASE
SUBMITTED BEFORE
COURT OF APPEALS
Higher Court Also Passes
Upon Miller Motion
Denying Rehearing.
The case of Tom Crow given 25
3ears in the penitentiary on conviction
In the district court of Bexar county
in connection with rhe murder of Mis.
Ora Parker was submitted Wednesday
on oral argument in tbe court of crimi-
nal appeals at Austin. Crow was rep-
resented by attorneys Joe H. H. Gra-
ham and Mauermann and Hair while
the state was represented by Assistant
Attorney General Storey. This is the
second appeal. On the first trial Crow
was given the death penalty.
Motion for rehearing was overruled
by -the court of criminal appeals in the
case cf E. L. Miller frou Bexar coun-
ty. Miller was given five years in tbe
penitentiary on conviction ot the theft
of 3200 from the Brown Cracker and
Candy Company.
The court affirmed the case of Carlos
Rodriguez from Bexar county. Rodri-
guez was given two years in the peniten-
tiary on conviction of burglary. Die
court holding that the evidence was auf-
f.cient to justify the verdict of ihe
jury.
GASOLINE IS SELLING
AT FOUR DIFFERENT
PRICES IN SAN ANTONIO
Retail Charge Ranges From
15 Cents to 18 Cents a
Gallon Wednesday.
As a result of what some independ-
ents charge is a price-cutting war
among some companies gasoline was
selling in San Antonio Wednesday
morning nt four different prices. The
lowest retail price at which the com-
modity was quoted was 15 cents and
the highest 18 cents. Further changes
in the price situation in the next few
days are forecast.
The new price of 17 cents instituted
Tuesday morning by a large company
apparently has been met by all with tbe
exception of one the Texas Company.
The latter concern at Wednesday noon
was still selling gasoline at its filling
stations aC4B cents u gallon.
Gasoliue at the tank wagon is being
quoted all the way from 13 cents to 15
cents the former price however being
more general.
Charges that gasoline is being sold by
some of the major companies at prices
below cost in an effort to “squeeze out”
tbe smaller competitors have been made
by a number of independent refining
and distributing concerns here. The
bead of one small refining company said
Wednesday that he had withdrawn bis
products from the San Antonio market
and is seeking a market elsewhere de-
claring that to meet the prevailing gaso-
line prices here he would have to sell
below cost.
A delegation of San Antonio refiners
and producers early in the week went
to Austin and appealed to tbe attorney
general to investigate tbe action of cer-
tain of tbe large companies in reducing
the .price of gasoline.
Representative of the large com-
panies in turn hare told tbe attorney
general that they would welcome an
invitation asserting that no law is be-
ing violated.
THREE ARE DROWNED
Boat Capsixea in Ohio River During
Severe Windstorm.
Portsmouth Ohio April 12.—Three
nien Aubrey Waaneck Leonard War-
nock and Samuel Truitt were drowned
in tbe Ohio river here Tuesday when
their boat capsized during a wind
storm. Two other men were rescued
and later recovered. _ _ .. . _
HARMONY SAID
ID DE RESTORED
IN PORTO RIGO
New Tangle Develops How-
ever When Report
Is Denied.
HARDING GETS MESSAGE
Governor Reily and Barcelo
Declared to Have Set-
tled Difficulties.
. r
Washington April 13. — Another
angle developed today in the row over
Governor Reily of Porto Rico.
At the White House it was announe
ed that President Harding bnd received
a cablegram signed jointly by Governor
Reily and Antonio Bam-10 president
ot the Porto Rican Senate and leader
cf tbe Unionist party saying the two
men had arranged their diffi-ulties a->d
restored harmony between them. The
text of the telegram was not given out.
At the office of Commissi™ er Davila
who represents Porto RiM in Congress
it was said another cablegram frtm
Mr. Barcelo bad been received there
declaring no aitangemeut had been
made between Barcelo and the governor
end declaring Barcelo’s name bad be"L
used without his authority in tbe cable-
gram to President Harding
Commissioner Davila who has m*”
one of the leaders of the fight to outs-.
Governor Reily took bis cablegram to
Secretary Weeks with whom be h'dd a
conference.
When the White House gave out the
substance of the joint cablegram it wet
aunonnced that Governor Reily world
remain in Porto Rico and there was
no truth in recurrent reports that lw
would be recalled and given * poet in
Washington.
Chairman Towner of the Houss insu-
lar Affairs Committee discussed tbe
Porto Rican situation with President
Harding today.
LETTERS ARE PUBLISHED
District Attorney Says He Requestnl
New Appointment.
San Juan. Porto Rieo. April 12.—The
Times today publishes le’ters Governor
E. Mont Reily wrote to District Attor-
ney R. Diaz Collazo who was removed
yesterday by tbe governor to Attorney
General Mestre. The letter to S»ncr
Diax. Collazo states that the district
attorney before bis removal requested
the governor to appoint 'iim to anoth-r
office. The letter to the attorney gen-
eral reminds him that he was present
when the district attorney made this
request.
Senor Diaz Collazo denied today that
there was any irregularity in the re-
quest he made to the governor. He said
hi- sought to avoid the embarrassment
which arose from the recent direction
of the grand jury to proceed aaginst
the governor and other officials for the
alleged use of public money for purposes
not authorized by law and that he
therefore suggested that the governor
transfer bim to another office.
VERDICT IS SUICIDE
Major Duryea Declared io Have
Killed Himself.
San Urani-isco April 12.—An army
board of inquiry into the death of Maj.
Frank W. Duryea in bis quarters here
Tuesday found that it was a case of
suicide but learned nothing of any
motive that should have caused the of-
ficer to shoot himself.
Duryea a member of a well-known
New York family was a son of Gen.
Hiram Duryea Zouave leader in the
Civil War. He served two years over-
seas in the ordnance department and
had been stationed at Ninth Army
Corps Area beadquarters about a year
in the finance department.
His immediate superior Col. E. P.
Orton said there was no irregularities
in his accounts and declared his health
to be good except for a slight illness
yesterday.
The body is being held here pend-
ing* instructions from relatives.
German Women Can Become Judges.
Berlin April 12.—The Reichsrat or
Imperial Council Tuesday adopted a
bill admitting women to all branches
of the legal profession including judge-
ships and the bar generally and nlso to
the posts of public prosecutor attorney
and notary public.
Veteran Vendor of
Chickens and Goats
Has Lost His Kids
Somebody has got Felipe Jaimes’
goats. Five of them in fact.
Jaimes pioneer chicken and goat
vendor ot San Antonio left his
wagon containing five young goats
or kids in front of the city hall
Wednesday morning where he
thought it would be safe. He en-
tered a store to buy sotpe shuck
cigarettes and when he came back
the goats were gone. Likewise his
wagon and fifteen year old yellow
mare. Jaimes lives at 1806 Fred-
ericksburg road and came to the city
Wednesday morning to provide for
the suppers of bis five goats Wed-
nesday night.
Detectives and deputy sheriff* are
working on the case of tbe dis-
appearing goat*.
TWO CENTS pr '■ er ““a vi«e>t Z4
XVV VXjXV AO n». cent* on trsina nod olMwbero
COURT HOLDS MAYOR NOT
LAMBERT HAS AUTHORITY
OVER CITY HEALTH WORK
■ 1
Twenty-three Men and Women Nomi- j
nated by Mayor and Confirmed by Hii
Majority in the Council Will Take
Jobs in Health Department—Attorn i
neys for Sanitation Commissioned
Ask Stay of Order But No Decision ;
Yet Given.
Mayor Black has the power to make all appointment^
in the city health department. This in effect is the decisiori
rendered by Judge Robert W. B. Terrell in the Seventy-third
District Court Wednesday marning in dissolving the
temporary injunction granted Commissioner Ray Lamberft
which restrained 23 appointees of Mayor Black from taking
office or interfering with employes previously appointed by
the park commissioner. Attorneys for Commissioner Lambert
gave notice of appeal requesting that the temporary
restraining order be continued in effect. Judge Terrell
agreed to give both sides a hearing on this question.
The decision of Judge Terrell deprives Commissioner!
Lambert of the power to name all employes formerly undex
him in the health and sanitation department with the excep-
tion of one chief sanitary inspector and eight men. All food
inspectors and other employes of the health department in-
cluding the public health nurses are now under the juris-
diction of Mayor Black as head of the department of public
affairs.
Judge Terrell held that Judge Fly’s
decision in the Limbert vs. Black case
had given the mayor the power to name
the city health officer and therefore
the mayor has the power to name all
employes under his special charge or
who are essential to the administra-
tiou of this department. Judge Ter-
rell pointed out the danger of the com-
missioner of sanitation appointing em-
ployes who were antagonistic to the
city health officer or his failure to
appoint these necessary assistants as
“a state of affairs which could not be
contemplated.”
More (’are in Drafting Ordinances.
Tbe decision of Judge Terrell fol-
lows in full:
“In so far as the ordinance of
Marell. 1922. is concerned I might
say it would be well for those who pre-
pare such ordinances in the future to
use a bit more care.
“In passing on the case at bar I
might say that we are only passing
on the rights of the parties to this
suit.
“Most of the evidence introduced
by the plaintiffs was to the effect
that the construction of the charter
contended for by them had been ac-
quiesced in for a number of years dur-
ing former administrations and there-
fore should be given great weight in
determining the case at bar and that
would be done if we did not have a
judicial interpretation of the charter
holding that such construction was in
error.
Mayor Made Responsible.
“Whatever may be our opinion as to
the correctness of the court's holding
in Blnck vs. Lambert it is neverthe-
less the law of this state in so far as
the appointment of a health officer for
the City of San Antonio is concerned.
The case of Black vs. Lambert in the
opinion of the trial court places the
health officer in the department of
public affairs in general which depart-
ment is under the special charge of the
mayor and the mayor being a mem-
ber of the commission would have the
right to propose and nominate all em-
ployes under his special charge or that
were essential to the administration
of his department. (Brown vs. Uhr).
Just as the case of Brown vs. Uhr
protects tbe commissioner of fire and
police in the appointment of employe*
in the department in which he is re-
sponsible for its proper functioning
in the public service so will the case
of Brown vs. Uhr protect the mayor
or commissioner of pqHic affairs in
general in the appointment of the em-
ployes involved in this suit if in truth
and in fact the duties of the several
plaintiffs in this suit are essential to
the efficient administration of his de-
partment.
Duties Are to Preserve Health.
“The case at bar resolves into one
of fact as to what are the particular
duties of the employes in question.
Plaintiffs’ evidence in this case shows
that the duties of the several plaintiffs
in this suit pertain to the preservation
of the health that they work directly
or should work directly under tbe in-
structions of the city h< alth officer a
medical expert. In other words I
take it that they are a corps of as-
sistants to the city health officer.
They have always been in the part
and I thing the reason they have
always been considered as being in
the department of sanitation was be-
cause the health officer had always
been considered a member of that de-
partment until the recent decision in
the case of Black vs. Lambert.
Might Result In Frirtion.
“If the mayor can appoint tlie city
health officer (and this must now be
conceded) and the commissioner of
HOME EDITION
CLOSING MARKETS
sanitation. parks and publie property
can appoint his assistants we can con-
ceive of a condition arising where the
office of city health officer which is
also a state office would fail to func-
tion through the commissioner of san-
itation parks and public property ap-
pointing assistants who were deeply
antagonistic to the city health officer
or by a failure to appoint any assist-
ants at all. Such a state of affairs
could not be contemplated.
“This being the view of the trial
court the temporary injunction here-
tofore issued in this case is dissolved .
and. the costs of court are adjudged
against the plaintiffs herein.”
ARBUCKLE DEFENSE 'W
TO DEMAND VERDICT B
IN MURDER TRIAL
McNab Says No Dismissal
of Case Will Satis-
fy Defendant.
San Franeiseo. Cal. April 12.—De* (
fense counsel will not be satisfied wittf
dismissal of the manslaughter charge
against Roscoe Arbuckle in the event
that the jury for the third time is un-
able to agree.
This was the announcement of Gavin
McNab chief defense counsel mads
this morning. Nothing short of a def-
inite verdict would satisfy him he said
McNab today was scheduled to com-
plete his argument seeking acquittal
for the film comedian of responsibility'
for the death of Miss Virginia Rappe*
film actress. Leo Freidman was ex-
pected to close the argument for the
prosecution and it was considered prob-
able that the case would be in the hands
of the jury by 5 o'clock this afternoon
SKIES TO BE CLOUDY |
Low Area Over Colorado Will Continug
to Influence Weather Here.
The low pressure area over Colorado
which has been causing unsettled weath-
er and light showerst eastward will
continue to affect San Antonio weather
according to Meteorologist J. H. Jar-
boe. who forecasts cloudy skies for Wed-
nesday and Thursday with possibly
warmer temperatures Thursday. The
Colorado disturbance although consid-
ered too far away may bring light show-
ers here but this is considered un-
likely. Moderate to fresh southerly
winds will prevail
Over the country as a whole. or.„ir
light showers have occurred. Nowhere
has rain been heavy enough to aggra-
vate the swollen condition of the Mis-
sissippi. The crest of the Upper Colo-
rado river flood water will pass Marble
Falls Wednesday but the river will rise
sharply at Austin until Tblrsday noon.
The rise will be recorded at Smith-
ville some time Thursday while it will
fall at Columbns.
No late reports have come in from
alogg the Guadalupe but the river wilt
fall at Victoria it is predicted. No
rain fell in Texas during the last 24
hours. The highest temperature. 84
was at Brownsville while the mini-
mum 44. was at Amarillo.
High pressure iq the Northeast has
caused snow along the Atlantia and the
Great Ijkes The cold wave over the
Rockies brought tempera tort? gw low
I J* 20 and 22 M far wuth u MqaUu*
U tab. — Bum a
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Diehl, Charles S. & Beach, Harrison L. The San Antonio Light (San Antonio, Tex.), Vol. 42, No. 83, Ed. 1 Wednesday, April 12, 1922, newspaper, April 12, 1922; San Antonio, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1621428/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .