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Official Paper, ViUage of Freeport
FREEPORT, N. Y., FRIDAY, APRIL 8, 1921
VoL XXIV, No. 39
Doughty-Smith Indictments Dismissed
SUPREME COURT JUSTICE YOUNGDECIiRESITSEEIIS UNLKRY RFHiUL WOULD RESULT IN CONVICnON
''DefendanU Should Not Under Circumstances Be Compelled to Meet the Trouble, Expense and Notoriety of Another Trial of This Indictment/' He Says—Discredited Witness Only Evidence Against Accused
Mineola, April 8.—The indictments charging Supervisor G. Wilbur Doughty and Sheriff Charles W. Smith with conspir¬ acy in that they were alleged to have furnished protection for gamblers in Nassau County were dismissed today when Supreme Court Justice J. Addi.son Young, of New Rochelle, granted the motion of Henry Uterhart, counsel for the defendants, to throw out the indictments for lack of prosecution.
What has happened in connection with these cases ana .source from which they came is ancient history to the residents of Nassau County now. Messrs. Doughty and Smith were tried once before Justice Young in this county and that trial re¬ sulted in a disagreement. The motion to dismiss the indictment came when Mr. Uterhart contended that there should be an im- mediate retrial or a dismissal.
.Tu!»tiof Young in granting tht motion to dismiss the indlftments says In part:
'"ITie Dlstrlot Attorney dooH not op¬ pose the mptlon to diamlsa tbe Indict¬ ment but hns presented to tae Court his iimduvit reviewing the history of the i-nse and Htaling the situatitm na to tbe evidenee whieh will be offered by the people in ease of n retrial. He feels that in view of his former friendship and politiiiil relations with the two de¬ fendant)* named tliut it is deairablo that ho should otitaln the opinion uf the Court trying the caMe as to whether the Indlrtment should be dismissed or rc- trliii hnd.
"Tb<» trlnl of the rase In December, 1920, was a most tboiough one. The drfeiuUiiits were represented by able tmd experioneed counsel and the Dis¬ trict .Vttorney presented the case on the pnrt of tbe People with conspicuous nbiiity. The Question as to whether the defendants were guilty of tbe crlmo charged rested chiefly upon the testi¬ mony of one Fleischer, who was dis¬ credited on cross-examination by jiroof ot his formei* disbarment as a lawyer In MnssHchuBettH for appropriating moneys belonging to his clients., This came aa ii completer surprise to the pro.secutlon, nnd undoubtedly seriously affected the People's case.
"16, a retrial ot the Indictment be had the prosecution must still rely upon the tei|llmony of this discredited witness, If a case is to be made out; and It seems highly Improbable that a Jury will accept bis testimony against the denials of the defendants, whose good character. was vouched for upon the former trial by several Supreme Court judges, the Lieutenant Oovernor of the State, a State Senator, Clergymen and tbe business men of the community.
"In my opinion the defendants ahould not under the circumstances be com- l>«xlled to meet the troublt*. expense and' notorlet.v of another trial ot this indict¬ ment, nor do I believe tbat It the doty of the l^lstrlct Attorney in the interest of Justice to retry the case, wben It is most unlikely thnt u conviction can be obtalniHl.
"An order Oiay therefore be entered dlsmlBSing tbe ¦ Indictment."
Tbo motion to dismiss tbe indictment against the two defendants was made before Justice Young nt Pougbkeepsie last Tuesday because he was the Judge who heard the case when It was first tried.
District Attom«»y Weeks on Tuesday presented bis attitude to the whole mat¬ ter In nn affldavlt in which he says that the Naasau County Association In 1919 charged tliat there was much gambling In tbe county. John N. Fleischer was the secretary of that asso¬ ciation nnd caused the charges to be Iiui>ll8hed. Tbe result waa a "John Doo" Investigation which reeulted In various Indictments, baaed on tbe testi¬ mony furnished by Fleischer who gave the "conne<;iflng llnku" In evidence.
The District Att<»*ney goes on to say that the wbole case practically restsd on Fleischer, the secretary to the Nas¬ sau County Association, who waa ahown to have tetfttflad falsely a'nd that he Itad bt^en disbarred from tbe practice of law h) Mnsaachus^^ts, left that !<tat« and "following such disbarment he changed tbe spelling of hla laat nnme iind cnme to Naasau CoUnty."
The sAdavii mimo aaya that Fleischer according to"thediabsrmsntproceeding8 showed tbat for s psrlod (rf yeara box mrtng prsetlcally ths anth-s time of his practice he bad cheated and defrauded a number of his clients for whom h. waa oollectinc claiina by collecting such
claims and converting the moneys to his own use." The affidavit also sets (or .. that this was not the Isolated acts df a young man new to practice but a long and continued course of practice.
Mr. Weeks continuing, says that this sudden expose of Mr. Fleischer's chft^ acter under such circumstance was a severe blow to the prosecution fronv which recovery wns practically Impos'- slble by reason of the fact that Fleisch¬ er's testimony was vital to support the indictment. He also says that In the event of a new trfcil the prosecution must rely on the testimony of Fleischer, weakened by the disclosure of his pre¬ vious record, and also weakened by the dismissal of one other indictment and an acquittal of another of the defen¬ dants.
With no additional evidence to offer District Attorney Weeks says he frank¬ ly presents the facts to tbe Court and asks the Court's unbiased and unaffect¬ ed Judgment.
On tbls affidavit Justice Young saya that conviction on a retrial Is most unlikely and grants the motion to dis¬ miss the Indictment.
SUFFLESSMEN INFEST BEACH NEAR NASSAU
Cottage Residents Complain of Group of Men Who Loonge oa "No PoUceman's Land" Be¬ tween Golf Unks and Point Lookout—Brazenneii Astounds Women
well of retlririk Chief Curley that they voted for him. Among the "alao rans^' for chief were Gus Helfenberg, Oeorge Giroux, James Smith, Bill Wild and Harold Russ, each receiving one vote.
Ray W'ood received 182 votes with Jimmy HlcJ<s aa a weak contender witn one vote.
The contest betwen Myers and Fehr was close. The count ran nip and tuck almost to the end when Myers won out by aix votes. Myers received Ofl and Fehr 98 votes.
After tbe ballots bad been counted Chief Myers made this atatement: "I thank the boys for theljr- support. I intend to give tha best that is In me. You can approve or dl8<M;>prr>ve of my service at the next election."
_
APPOINTMENTS B¥ POPE
Rome, Ajprll 8.—Pope Benedkst to. day appointed George Gillespie, Oeoirge MacDonald, Thomas F. Farley and John T. Smltb, all cf Xew York, Knighta of the Otder of St. Gregory the Oreat,
4
ROBBED ON TRAIN
. Parls,^ April S.—Mme- Kort Hartas. said te lie an Ameriean, wss ro]M>sd of (lO.AOO snd Jewels by two asilors who entersd her sleeping compartment on the Psris-Nlcs exprmma. She pulled the emergency brake oord which stop-
F.W.MYERS DEFEATS FEHR Bm VOTES
Only Contest Was For Second As¬ sistant Chief—Waterman fend Wood Win Easily
RockviUe Centre, April 8.—"Larry" Waterman was elected chief engineer of the Rockville Centre Flre Depart¬ ment last night, Ray Wood was chosen flrst assistant chief and Fred AV. Myers second aaaistant.
Tbere was no contest except for the second aaaiatant chlers position. Myers had as an opponent Adam Fehr, and won by only six votes.
Of the total ballots cast, Larry Waterman received 174 votes. "Ducky" Smith was put In the running with flve votes and two flremeh thought >0 'they are regular Apollo Bella Donnas
Freeport, April 8.—The Sea Serpents of 1921 have appeared at Na.ssau! The Freeport police, tbe l.,onB Beaeh police and the Dally Review have been notified by a lady who owns a cottage at Nassau that they are here, and she wants aome brave David to take a run up the sanda and give tbe "kayo" to the dragon before the sum¬ mer season opens and further shocks are forthcoming.
It appears that tbe strip of beach between tbe Oolf Links and Nassau la Infested by a gang who are aware of the fact that they are on a "strip" ^of bench.
A They have been there several" years, ¦alVays with the .same idea in mind, to cut the n. C. L. all to pieces and then some, for it appears that they lounge around on the sands improperly clothed. Some people who live at Nassau, como by the way of Long Beach but the presence of women and girls makes no difference to theso beach lizards "wiio are so pure In mind that they wear nO clothing and do not even scurry for cover," aa the complaint say.s.
I..a8t Sunday waa the signal for thoir appearance this season when tbey In- augeratetf their Beach Ballet by Join¬ ing bands and dancing up and down the beach.
And to think that a few miles down the beach the authorltiea are contlnu.il- ly pestering the summer girls and maic- Ing them wrap nil up In yards of bath¬ ing .ssit when they appear on the. sands. The Freeport Police and the Long Beach Police are ever ready to help anyone in distress, eapeclally a woman, but unfortunately Naasau and Point r..ookout are Town property and the vlilage police have no authority there unless ordered by the Supervisor.
The lady who made the complaint Is well verseit In all matters of the law but she la at a loss to know whefher to bring suit against thefie bather.s, or suits for tbem.
Some day a real man wHl be walking along there with hla girl, ond when the Beach Lizards appear they will think that they have been sunburned on the point of the Jaw.
Police Chief John N. Hartmann of Freeport and Captain Pat Tracy of I/)ng Beacb would like to help in the matter but they say Us a case for the county authorities or tbe Coast Patrol. If theae Beach Llsards Imagine that
KILLED BY TRAIN DOOR
OrrheHtra I.«sder Dies On Elevated 8Ution of B. R. T.
Brooklyn. April 8.—WlllUm F. Nu¬ gent, orchestra leader at Lowe's Thea¬ tre. Broadway and Stockton atreet, was killed today on the Flevated rail¬ road atation at Fluablng avenue and Broadway. He stepped , from a car to a platform to let otber iiaaaengers off. Aa be stepped back Into the car, the automatic door atruck him. He became unconm^ious and fell to the station platform.
Wben an ambulance arrived from Beth Moses Hospital, tbe surgeon found that Nugent was dead. There were lacerations on his face and scalp. It is believed that a fracture of the skull or heart shock may bave caused death, but this will not be known u»j- tli an autopsy Is i>erformed,
Nugent lived at 15t Seventy-seventh street, AVoodhaven, Queena.
disthpished men of legalprofesson attend nassau county bar assocution annual dinner
JUSTICE KAPPER
ASSAILS DDtEa
PRIMARY LAW
NINE AURM nRE
Whole
Snnare Block In Baltimore Swept by Flames
Baltimore, Md., April *.—Nine alarms were sounded early today for .i flre that swept the lumber yard, mill- work plant and offlce buildings of Jo¬ seph Thomas and Sons, occupying a square city block in the southern sec tlon of the city. One flreman was in¬ jured. The flames menaced surround¬ ing properties, including a public school and tbe Martin Luther Evan gellcal church.
Wild excitement prevailed in the neighborhood of the flre. Several negro families in the vicinity were driven from their homes by the in¬ tense hent, fleeing precipitately in their night clothing.
Memlwrs of tbe firm could give no estimate of the losa early today, but It will he heavy.
and that their anatomy Is a source of ¦Ijiterest to the wotid at large, they bave another guess coming.
With the ocean continually aending In wads of tar this summer. It is easy enough to supply the feathers, and per¬ haps a good dose of strong measures would bring about tbe desired results.
Beach regulations are Inx enough now, and neither men nor women are encumbered by many clothea but the time has hardly eome^ when they ahould be allowed to parade entirely un<lresaed.
ELBCTRIC 8ERVICE BRE.4KS
Hempatead, April 8.—The brewing of a |>ole at tbe corner of Columbia and Msin atreeta last night put a part of the, electric light syatem In Hemp¬ stead out ot commUsion and thoae de¬ pending on electricity Tor power were unable to operate this morning.
ENFORtLNO TRAFFIC LAWS
Rockville Centre, Aprllf 8.—Lester Blake of Valley Stream waa nned $2 for driving an automobile without lights by Judge Tho)rp laat night. Ofll¬ cer SchaefTer aerved the summons.
Sergeant Kirche^ served a aummons on Fr«d Lunning of I8S Ocean ave'AUS, fer driving without lights. Sentenos was auspended.
A .Ji.-,
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DISQiEPANCIES
BETWEBITOKNS
IN GAS RATES
North Hempstead Communities Can Buy It Five Cents a 1,000 Feet Cheaper Than Hempstead Although Manufactured in Lat¬ ter Place, Public Service Com¬ mission Rules
The Public Service Corporation, which serves Piandome, Flof.al' Park and several other North Hempstead communities with gas. is entitled to a lower rate for gaa than tbe Nassau and Suffolk Lighting Company, ac¬ cording to II decision Just banded down hy tbe Public Service Commission, de¬ aplte tbe fact that the Nassau and BuCfolk Ulghtlng Company nmnufuc- turea the gas in Hempstead and sella it to tbe Nortb Side Company.
"^'by the Nassau and Suffolk Light¬ ing Company can, In tbe opinion' of tbe commission, make gas to be aold In North Hentpatead cheaper thai) tt la aold In Hempatead la a qUeation thdit la puzzIiVig to the uninitiated. The company doesn't admit that It can be done, for the rate asked for was f2.26 with a $1 aervlce charge, the aaime as waa asked for in tbe town of:Hemp¬ stead. Tbe commission granted tbe .Vassau and Suffolk 11.90 with a 65 cent service charge, or a total of 12.5.5 for the flrst 1,000 feet, while the rate granted^ to the Public Service Corpora¬ tion is 91.65 a thouaand with an 85 eent aervlce charge, or a total of 12.50. -Both companiea give a diacount of 10 cents a thouaand for prompt payment.
The logical conclusion would aeem to be that either the North Hempatead rate la too low or tbe rat« granted in the town of Hempatead ia too high..
The Commission allowa tbe rate to go Into effect on flve daya' notice on or before April 15, and to continue in ef¬ fect until June 30, 1921, and thereafter until chaniged by the Cotnmlssion. The time limit Is the aame aa that of the Nassau a Suffolk Lighting Company, the Commlsaitm holding thst the n|tea of the two companiea depend, to a cer- tain extent, on the same state (tf< facta, snd the uncertainty aa to ths ftiture cost of producing gss mskes a short term order advisable.
Commissioner John A. Bsrhlts, ths altUng conimlaaioner. wrots tbs msm- ersndum approvsd b7 the C!flmmlssk>n tndsy^„ He revlewu lbs litlgstion be-
(ContlnuUI oo page »•
Tells Nassau Connty Bar Associa¬ tion That Fat Wallet, Ability to Advertise Self, and Promises Are Only Qualifications Now Needed to Obtain Judiciary Election Under Present Law
Hempatead, AprU 8.—Declaring tbat tbe quallftcations for a candidate for tlie Supreme Court l)ench from tbe Sec¬ ond District, which includes all of the Long Island, are a fat wallet, physical energies without limit, promises that can never be fulfilled and tbe ability to advertise ones self as W. I-. Douglas adverti.ses shoes and Carter his pills. Justice Isaac M. Kapper, him.self a Jurist in the Supreme Court of this district, attacked tbe system of selec¬ tion of Judiciary candidates at the annual dinner of the Nassau County Bar Association at Oarden City Country Club last night.
Justice Kapper deplored the fact tbat Nassnu County waa without representa¬ tion in the judiciary of the district, and stated that "no man, in normal times, can be selected in the primaries, outside of Kings County, without seeking his favors from that county," which was interpreted to mean that Kings ('ounty cnn control tbe Judiciary representa¬ tion In the primaries and election.
,Iu8tlce Kapper's remarks were an attack on the direct primary system by which Justices of the Supreme Court nre now nominated and are directly in line with the stand that the Republican leaders, from Governor Miller down, have taken as to the abolition of the direct primary and the return to the old convention system of selecting candi¬ dates, especially candidates for the Judiciary positions.
The apeaker .said that Nassnu County was now asking for her territorial rec¬ ognition on the Supreme (,*ourt bench, meaning tffat with a vacancy to he flll¬ ed appointment by the Oovernor that Nassau County had ad\'anced u candi¬ date for the place on the ground that tbere la now no resident Judge In this county although It was always lntend>>d that one Judge should come from Naa¬ sau. '''
He paid a tribute to former Justice Townsend S<-uddeer saying tbat the dla¬ trlct suffered a distinct losa >yhen that Jurist failed of re-election last fnll and- then repeated his assertion that Nassau County was entitled to representation on the Supreme Court bench in thla district.
'AVhether the Governor will recognlae your cbilm I do not know," Juatice Kapper said, "but we have a syatem of selection of candidates that ou^ht to be frowned on by all."
He suggested that Nassau and Rich¬ mond counties might get more recog¬ nition by getUng representative mlnda In conference and then launched bis at¬ tack on the direct primaries, although be la a Democrat and the primaries were Written Into tbe laws of tbe state by Democrats. ,
Speaking of the qualifications of thc Judiciary he w^n bitterly cynical nnd aald tbat experience, and capacity counted for naught but that having "the money, the gall al.S< go from meeting to meeting saying. I bave the requisites in me to be a great Judge, T am tbe man yo'u want" the candidate could win.
"That la the situation, whether you like it or not," he declared with much force.
Then he added, "See thst your wallet is tat. that your phyaicnl snergiea are without limit, see tkat you make prom¬ ises that can ne'/er be fulfllled and'ynu will make a fit candidate for the Su¬ preme Court under tbe present 'condl- ttona."
He, declared that the man from his county. Kings, could blast' the hope of sny other man who aspired to the nomitistion for the Judiciary in the dts- trlet of the greet voting strength of the coiinty snd ths syatem of selectisn ef csndfcistes.
"Soros msy think that I fs«e ths coiuing primsriea with aome anaiety" but Justice Kapper declared that hs hsd
County Comptroller Earl J. Bennett, President, Explained Cause for Absence of Theodore Roosevelt, Almet F. Jenks and Jeremiah Wood—More Than 150 Diners Hear Speech¬ es of Great Legal Lights
Hempatead. April 7.—The annual dinner of tbe Nassau County Bar .As¬ sociation, heid at the Garden City Country Club last night, brought to¬ gether a distinguished gathering of the liench and bar, not only of this county but of the whole Second District of the Supreme Court.
The toaatmaater was County Comp¬ troller Barl J. Bennett, president of the har aasociation and tbere were up¬ wards of 150 jurists, attorneys and
preaent. The bleaalng tbe Hev. Dean Oacar F.
CONSIDER PLAN TO STIMULATE TRADE
Rockville Centre Merchants Take Under Adrisement Cash Dis¬ count Scheme
Rockville Centre, April S.—Business Mens' Association at a ni^-ting last night listened with intereat to a pro¬ posal to IntrrKluce a new discount i)lau in tho Bale of merchandise in this village.
A. F. AVinslow explained In detail and answered a volume of questions but the merchants delayed at-tion un¬ til further consideration can be Kiven.
The plap as (^cpiained provides for a two per cent, discount on cash and carry purchases. The discount will Ix' given in the form of metal discs which are to be deposited in home savings banka supplied by the io<^al banks ani redeemable at the lianks by credltInK the total accumulations to a savings bank account. The discs range in value from l-4c to 2.')c. The plan works somewhat on a coupon basis idea but Instead of being redeemable in goods the discs are redeemable in cash through a bank account.
The merchanfa plan to offer ^ caah pri'/.e tiV the child having the largest savlnKS account at-qulred in a given period.
$38,000 HEART BALM
——^ IWi
Brooklyn, April 8.—Misa W^inifred Lynch of Brooklyn was today awarded a verdict of 138,000 for breach of prom¬ ise ajfuinst Alexander Ftgge, member of a provision merchant's firm.
Attorneys stated It was the hiKhesf award ever granted In Brooklyn in a breach of promise caae.
RF.I) IjUIHT WARNH AUTOLST
Hf>ckvllle Centre, April 8.—A red Klobe has been placed over the centre Ught of the cluster at the corner of Lincoln avenue and the Merrick road to warn automobillsts. The Idea orig¬ inated with police Captain Bacon, who hopes to placp another on Hemi'stead avenue.
NEW CIGAR NTORE
On Saturday tbe United Cigar Store will open a branch at 4 Grand uvenue and the op«?nlng will b<> featured with aouvenlrs'Of the occaalon.
The agency will be In charge of AV. H. Mott. The advent of a United Ci¬ gar atore in Baldwin Is but another mark In the march of progress being made by the ilve wire business men of that vllUge.
anyf>ne was found more flt for the place than waa he they were welcome to the J**.
He dectared that the system waa "abominable" and said (hat he felt keenly concerning tbe right of Nassau to a resident Judge. To thla be added that only recently be had read «>f two nHghborlng Judges participating in an adminlntratlv^ act In Nasaau County which be held waa wholly wrong.
Justice Kapper ia one of the oldest of the Juatices frtmi thbi district:
TO OltOANIIZe MSN'S Tl.UB
Rockvllla Centre, /pril S..—A tnaat, tng Ot all m^R identified with ths Ppss- bytsrlsn chuit h of Roekvilta Centre will he hebl st ths church this even¬ ing at S o'ctock. Ths purpose of the meeting is to organbce a Men's Club, no fesrs and went oa to say that if All Inf-refited sre Invited io attend.
their guests was usked by R. Treador.
When the dinner had progreaaed to tbe coffee and clKnr stage President Bennett ma<le some brief remarks of welcome ami announced that Assistant Secretary ot the Navy Theixlore Itixise- velt had sent hla roRrela saybiK that he "had to work hurd at his job to be ii creditable rcpre.sentmlve of Nassau County, " and that former Justice .tinier V. Jenks, of the At>i)ellate Dlviaion rt>uid not attend becauae of a press of matters relative to hts return to the private practice of law.
Mr. Bennett also said that Lleut-Gov. Jeremiah AV'ixkI was detalne<l In Al- l>!iny hy the mass of business that r"- quii-ed attention If the legislature was to take an early adjournment.
Short talks were given by Hon. La- anden >B. Faber, Hon. Stephen Cal¬ laghan, Hon. Scfuh B. Strong, Hon. Jnmes C. Cropsey. Hon. Edward I.,azan- sky and the Hon. Isaac M. Kapper, justices of ,'^uprenie Court; Hon. I'^ed- eric 10. Crane, of the Court of Aiipenis and Hon. Franklin D. Rooaevelt, for¬ mer assistant setrctary of tht* ?>avy and the Democratic candidate for vice- president.
For the moat part thc honorable judges spoke In a Jocular vein un<i all' of ihcni cx|>reHS('d tln-lr hiKh regard for NuH.sau Comity, saying they wi>ro dellKhted to be Included In thu annual fumlly party of the lawyers.
Justice Lazan.sky atruck the flrat really seriou.s luite of the evening wben he aalil Ihat out of hla high regard for the men of thi- county and the Interest hli took in their work aa lawyers nnd as citizens he wanted to speak to the gathering from a different angle than ^ad tbe others.
His attitude was thut men are known liy their acts und that from amall thinKH Krow a reputation that ntay or may not be deserved but a I'eputatlon nevertheless.
He said that Nassau County hud gained a reputation fur not redeeming truth and righteousness in the trial ot criminal causes and whether or not the reputation was justly earned he urged the atrong men of tho county, the leaders, the lawyers to change that reputation and added "the <iulcker you do this the lietter It will he for you and your county." He aaketi that the ad¬ monition Im- taken in the manner In which it WUH meant und concluded villi till' statement that the mon of th« Iiui- Were liKiktWl to as leaders for bet¬ ter citizenship und for real power for good."
.Mistli e Crane gave a delightful, ejirni'd dlscoura<< that was edifying und iilcasing throughout. He was hciud with real pleasure und when In the ouiae of bis remarka he said that "law uas not a memorial to tbe dead but a rule for the living," tbere were evl- lenies of profound npproljation from his hearers.
Forceful, earnest, dynamic and a master of terse expresaion, the speak¬ er beld the attention of his fellow Jurlnta and the mcmljera of the bar.
Ho decUired, In cloalng, that the foundation of Juatice, liberty and the government Itself rested not on the learned minds of the country bu^ "flnda Its vitality on what the man In the atreet thinks."
Mr. Roosevelt, p'laln citizen now and seemingly glad of it, related some of hia experiences as assistant ascretsry of the Navy and told how he became acquainted with bla own country dur¬ ing ths tlmo be campaigned for tba Democratic ticket wben be was candi¬ date for vkre-prestd«nt.
Turning from what bsd been a light¬ ly «ntRrtalnlnK narrstlve itr. Rooss' velt declarfsl that the domestic prob¬ lems tiist faced the present administra¬ tion were grave ones and aesured bis beai-ern that I'resldent Harding had only bla beat wlsi^as in the solution of the great ttttmatlrtma tt the day.
He dfHlsred that a broader view¬ point waa required tf tbe gremA, prob¬ lem of Americanizing the sllen^ss to btf done quickly and thoroughly, that crowding more snd more into a few
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