LAW

14th Amendment

In New Orleans, a suit has been filed in the Federal District Court to oust Walter L. Cohen, Collector of Customs of the Port of New Orleans. Mr. Cohen is a Negro, and the petition, filed by Edwin H. Both of Washington,

Carl E. S

Orleans, alleges that he obtained his appointment in the U. S. revenue service by subscribing to an oath that he was a citizen of the U. S. when, as a matter of fact, he was "of African descent and, therefore, incapable of becoming a citizen of the United States." The basis of this contention is that the 14th Amendment to the Constitution was never legally ratified by three fourths of the states. It was submitted, it is charged, by a Congress from which the Southern States were excluded. Also, it is said, the six Southern states which ratified it did so "under compulsion" and New Jersey and others withdrew their ratification.

The validity of the 14th Amendment has frequently been discussed as an academic question. This suit, however, marks the first time it has ever been before the courts. Said The New York Tribune: ". . . an engaging attempt at nothing less than the juristic revision of the Civil War. . . . The confidence of these two Southern gentlemen in the Supreme Court is monumental. Not even Mr. LaFollette ever charged that it could remake history."

De Luxe

In Manhattan, "the most expensive private litigation ever known" continued in its eighth year. Referee James A. O'Gorman sat four hours daily listening to depositions in the tangle of suits and counter suits that stand between the seven heirs of the late Jay Gould.

Lawyer William Wallace, counsel for the estate of the late George Gould, arose to protest a duplication of documentary evidence; stated that the case was costing the Goulds $2,500 an hour. A statistician for The New York World made computations. Said he: "Every time one of the serried array of learned counsel . . . clears his throat or blows a bugle call on his proboscis, a cost of 69.4 cents is imposed on the estate, assuming that indulgence in either of these forensic flourishes consumes a single second of time.

"The mumbling of a question . . . an expense of $10.46. . . if only 15 seconds.

"The cost of reading a single typewritten page ... $82.32 and $124.98, in inverse proportion to the pace of the reader.

"The late Jay Gould. . . succeeded in getting together and holding money ... at the rate of $2,500,000 annually, which amounts to $285 an hour. His

Radio Congress

Herbert Hoover, Tsar of radio, called his Duma together. From far and near came radiocasters to the Third National Radio Conference at Washington. Mr. Hoover calls these conferences, invites those present to make suggestions for alterations and additions to the radio code. On the basis of their recommendations, the Department of Commerce from time to time draws up and recodifies the laws of the other.

The Secretary of Commerce presided over the conclave and welcomed it with a speech in which he said:

"It is our duty to consider the possibilities and potentialities of interconnection as a regular daily routine of the Nation. Unless it be systematically organized, we cannot expect its continuation. I realize that this matter, except in so far as it may be fostered and encouraged, does not lie in the Government. It would be unfortunate, indeed, if such an important function as the distribution of information should ever fall into the hands of the Government. It would be still more unfortunate if its control should come under the arbitrary power of any person or group of persons. It is inconceivable that such a situation could be allowed to exist.

"I believe that the quickest way to kill broadcasting would be to use it for direct advertising. The read

of America, declared that his company was ready to erect a great "superpower" radiocasting station near Manhattan, and later link it up with a series of such stations if the exThe periment proved successful. smaller radiocasters were afraid of interference, and a compromise was finally reached for permitting experiments with superpower radio under close supervision.

Radio Relays. Proposals for linking radio stations for simultaneous broadcasting of one program was considered. The technical method of so doing would be by wire, a system developed by the American Telephone & Telegraph Co., or by shortwave radio relaying, a system which the Westinghouse Electric & Manufacturing Co. is developing. A continuing committee to deal with the problems of relaying was recommended.

Wave-Lengths. The ether was thoroughly overhauled and new bands or groups of wave-lengths allotted. The manner of classifying radiocasting stations was also changed. The net result was to obtain less interference by a different allotment of wave-lengths, give more ether room for marine signals, and at the same time obviate the interference of these signals with regular programs.

Censorship. Any supervision of the programs of radiocasting stations was condemned and the Department of Commerce policy of non-interference recommended to be continued.

on

Then the delegates got down to

Engineering added a temporary milestone to its faith when one Benjamin B. Odell, a former Governor of New York, drove a rivet. He completed the longest single span in the world. The great span, borne on 18-inch cables, is 1,623 ft. long, and dangles 155 ft. over the Hudson River about six miles north of Peekskill, between Anthony's Nose and Bear Mountain. With its approaches, it cost $6,000,000 and will be open after January as a toll bridge. Except for the railway bridge at Poughkeepsie, it is the only vehicular bridge across the Hudson south of Albany.

But it will be only a temporary milestone. In 1926, a bridge will be completed across the Delaware from Philadelphia to Camden, whose main span is to be 120 ft. longer. Sic transit gloria longitudinus.

THE PRESS

"Hairless-Browed"

Said Newspaperdom, a journalistic trade sheet, in an editorial:

"Time, the news weekly, looks down rather disdainfully on the New York News. We never have been able to understand why. They both have much in common. Their size is not radically different; both run pictures; and the purpose of each is to condense the news of the world in the smallest possible space and here and there through it all planting little seeds of thought from which great ideas will grow and make this a happier place for all of us. They differ only in the selection of the community class they have decided to

serve.

"Time's frequent reference to the News as 'the gum-chewers' sheet' undoubtedly brings a smile from Dr. Marvin [acting President of Rutgers University] and his kind; but it is as nothing to the giggle that would sweep Manhattan if the News would forget its manners and frequently brand the readers of Time as 'hairless-browed nuts.'*

"Both of these publications will succeed financially according to the leadershipt they supply in their particular fields. From the standpoint of leading the world upward, the leadership of the News is much more important than that of Time. There are many more persons in the community the News has selected; and it is in greater need of leadership.

"The News has started by leading its community class to read regularly; and after that its following is going to think. The News, in the meantime, will continue financially successful so long as it maintains leadership. Permitting itself to be led, Time might step in and take its circulation."

Equivocal

The purposes of a newspaper headline are: 1) to summarize, 2) to attract attention. Reputable papers stress summarizing. Sensational sheets seek attention. Both kinds, however, limit their headlines to facts within their stories.

As a rule. Not always. Now and then there will be a "possibility," a fact suggested, but not contained, in a story, which the headline can imply or actually express yet not be lying. For example, last week The New York Telegram headlined: CANADA JURY ACQUITS FORD ON LIQUOR PIRACY CHARGE.

"Acquits Ford? Henry Ford?" exclaimed the reader. No, it was Captain Samuel Ford, the story explained. Henry Ford's name was nowhere mentioned. Yet what more natural that

"High brow," the definition implied by Newspaperdom, is a loose, archaic slang-word, absurd in its application to the normal, intelligent people for whom TIME is written.

TIME is a digest of fact. It professes to have no bias. It professes it is not try ing to "lead" anyone anywhere.

to Prof. Imre, Dr. Koppanyi cut the muscles and tissues around the eyeball and left the eye in place. There was no proof that the optic nerve was cut through. He said, furthermore, that in every case witnessed by physicians in which the eyeball was removed from its place, there never was any other result but complete destruction of the eye.

Prof. Imre advanced as his opinion the statement that even if the optic nerve could grow again-which has never been established-and even if there were a possibility of transplanting a complete eye from one man to another, the question could not have any practical importance, because no physician should be allowed to, and no physician with any conscience would. remove an eye with good vision for making a rather uncertain experiment.

Prof. A. J. Carlson, of the Department of Physiology in the University of Chicago, replied (Oct. 11) to Prof. Imre's attack on Dr. Koppanyi, testified as to the scientific status of Dr. Koppanyi's work. Prof. Carlson pointed out that Dr. Koppanyi has been on the research staff of his laboratory in the

Rat Blood

If a man be ridden with a great weight of sleep, as one who has tasted mandragora, so that his eyes glue themselves together, and all his functions are dried up in drowsiness, the blood of a rat poured into his veins may avail to remove the curse and call back the soul into his body.

This is not a quotation from an archaic book on medicine. It is a theory put forward by Dr. W. H. Taliaferro of the University of Chicago, who has been experimenting with rat blood as a cure for sleeping sickness. "Rats are immune to sleeping sickness," says he. "There are evidences that

they produce certain immune bodies in their blood which will have an important bearing on the eradication of the disease."

Eye-Grafting

Countless newspaper reports relative to the possibility of transplanting the eye have aroused a controversy among physicians and surgeons which finds expression in issues of The Journal of the American Medical Association for Oct. 4 and 11. Prof. Joseph Imre Jr., head of the Department of Diseases of the Eye in the State University of Pecs in Budapest, pointed out (Oct. 4) that he considers it his moral duty to relate the results of investigation in this connection. His studies have shown him that Dr. Koppanyi (TIME, June 18, 1923)-who incidentally is not a physician-performed experiments on rats and rabbits in attempts to find out whether or not an animal with transplanted eye could see. According

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and that such newspaper stories as have appeared have not been authorized either by Dr. Koppanyi or by the laboratory. Experiments have been made on spotted rats; and the transplanted eyes have undergone varying degrees of change from complete destruction to cloudiness of the tissues. Most of the cause for failure is believed to be secondary infection. In the most successful experiments, the transplanted eye appears normal in size; the cloudiness clears up; and, so far as the scientists have been able to determine, there may be some return of vision. Carlson has controlled Dr. Koppanyi's work and believes that it demonstrates definitely that transplantation can be carried out with at least partial success on the spotted rat. He pointed out that it remains to be seen whether such results can be duplicated in the dog and the monkey; and, if this is achieved, there still remains a very high percentage of complete or partial failure which must be converted into success before anyone would be justified in attempting any such operation on

man.

Prof.

Supplementing the letter of Prof. Carlson, Dr. Koppanyi declared (Oct. 11) that the charges of Prof. Imre are not true. He denied that he gave unwarranteded publicity to his work. He said that the return of vision is possible, but admitted that the optic nerve was not cut in his eye transplantation experiments.

The actual facts seem to be that experimental work of interest and value is being done; but there does not appear to be the slightest reason to believe that it will be possible for many years to transplant a human eye successfully.

Faster, faster, faster they went. Around the turn, along the back stretch, faster, faster, faster. Fifty thousand people rose to watch them finish, those eight swift-galloping horses, seven of America's best against the best of France. Into the home stretch they swept, brown and black bodies, flashing colored silks, rising, falling, tearing through their own mad dust-cloud.

Up to the grandstand, past the judges' stand they thundered, and it was seen that Sarazen led all the

rest. A length and a half behind Sarazen, a nose ahead of brown Mad Play, came Epinard, runner-up a third time in the international races for which he crossed the Atlantic. Came Altawood, Princess Doreen, Little Chief, My Play, Chilowee.

The scene was Latonia, Kentucky; the distance run, a mile and a quarter.

When the prizes were distributed, Mrs. William Kissam Vanderbilt II could not restrain a smile, several smiles. Horse Sarazen was her horse.

Pierre Wertheimer smiled too, but a bit grimly. His Epinard had failed him again, for second money does not become "the finest horseflesh of France."

British Golf

An obliging young woman is Miss Joyce Wethered. She spent last week going around and around the Cooden Beach golf links in Sussex, England, demonstrating to her countrywomen that she, aged 22, is by far the ablest golfemale whom great Britain and perhaps the worldpossesses. It was the third time in as many years that Miss Wethered had made this ladies' championship demonstration. In her six 18-hole matches this year, she permitted none of her opponents save Miss Cecil Leitch, semi-finalist, to survive beyond the 14th green. Miss Leitch reached the 15th. In the 36-hole final, Miss D. R. Fowler walked back to the clubhouse from the 29th.

World's Series

Telegraph wires hummed as if war were declared. Thousands and thousands and thousands of people ramjammed into automobiles, street-cars, subways and onto sidewalks, honking and shouting and pushing their way. The New York "Giants" and the Washington "Senators" continued their exciting argument over the baseball championship of the planet.

Fourth* Game. At the Polo Grounds, Manhattan, long, lean George Mogridge uncoiled his snakelike left arm, sore these several weeks, and with it manipulated a ball so quaintly for seven innings that the Giants could make but two runs while the Senators made five. In the eighth inning, the arm began to tire and one "Firpo❞ Marberry relieved Mogridge, holding the Giants safely. Score: Washington 7, New York 4. The series was even, two games apiece.

Fifth Game. Still in Manhattan, "Good Old Walter" Johnson sought a second time to pitch a winning World's Series game. But Giant batsmen found his swift throws rare sport to bat about. They crashed 13 of them safely, circulated freely (Continued on Page 28)

*For accounts of the first, second and third games, see TIME, Oct. 13.