Muncie Post-Democrat, Muncie, Delaware County, 28 February 1930 — Page 2
FRIDAY, FEBRUARY 28, 1930.
THE POST-DEMOCRAT 4 Democratic weekly newspaper representing the Democrats ot Muncie, Delaware County and the 8th Congressional District. The only Democratic Newspaper in Delaware County. Entered at second class matter January 16. Iv21, at the Postoifc^ at Muncle, Indiana, under the Act of March I, 1879
PRICE B CENTS—$2.00 A YEAR.
223 North Elm Street—Telephone 2540 THE DALE COMPANY, Publisher. Geo.. R. Dale, Editor.
Muncie, Indiana, Friday, February 28, 1930.
Decide This One, Too, Judge Guthrie. Now the decision of Judge L. A. Guthries today in Circuit Court that the justice of peace courts have no jurisdiction in criminal cases on the theory that the justice's fee
depends upon conviction isn t so hot.
In fact the judge may soon be called upon to decide whether or not Judge Mann’s court has criminal jurisdiction. All a defendant in a criminal case in Judge Mann’s
court has to do is to ask for a jury trial.
Now no provision is made for payment of jury fees in City Court and the jurors get paid for their work only when they find the defendant guilty. So in effect the jurors are in similar position as the justice of the peace for their pay depends upon their finding the deiendant guilty. If they fail to find the defendant guilty the jurors get no pay for their worlf. If the justice of the peace fails to find the defendant guilty he gets no fee. In a City Court jury trial Judge Mann would be the referee, and (does not, make the decision of guilt. That decision is the privilege of the jury. , 'I • So it may be seen that any defendant in a criminal case
in Judge Man's court can by asking lor a jury trial turn.* 111 al “ c « ea lawlessness wn Mann’s court into the status of a justice-of-the-peace as far! nest ness and sincerity and went into court with their
as the Taft Supreme Court ruling goes.
So Judge Guthrie’s ruling isn’t so hot after all. ^
Paul Misses Practice Game
the Democratic ticket and “clean up” Muncie. Either Judge Mann didn’t know why the voters elect
ed him, or thought that because he had run for so many I offices unsuccessfully that it wls impossible to be elected and he could say anything and never have to back it up, or that he doesn’t have confidence in a “brand new” police department of an alert, high type of citizenship, with a desire to make this administration one that carries out its “dean
up” pledges.
In the campaign, Judge Mann didn’t say that he was for continuation of the type of exploited government and lawlessness that had been running wild through the c'Ay. He didn’t voice any plea but one that Muncie needed the Democratic nominees to give the citizens back their city from the gamblers, the /urn runners, the bootleggers ana liquor law violators that had been allide with the gang in control of the city. He didn’t withdraw from the ticket because he was opposed to “cleaning up” Muncie. No, he with the remaining nominees on the ticket pleaded for the election of the entire ticket. Did he say, “Elect every, other Democrat but me, because I’m not in favor of ‘cleaning up Muncie and if elected my heart will not be in the fight of th e administration for keeping campaign pledges.” If anyone ever heard the judge talk like that please come forward, lor if that was his expressed sentiment then he was most cleve in fooling the other nominees on the Democratic ticket and
several thousand voters as well.
Mayor Dale kept faith with the voters who elected him. He gave them a “brand new” police department with nearly half of them ex-service men and many of those members or former members of the American Legion. He gave them Chief of Police Frank Massey, himself an ex-cervice man "ahd fearless to carry out the campaign pledge for “clean-
•ing up” Muncie.
i, This “brand new” police force, alert on the job, went in with the same vigor that the ex-service men went “over the top” in 1917-1918. They attacked lawlessness with ear-
cases.
What happened in City Court is a matter of record. It’s just about time that others on the Democratic ticket elected'by^Lhe voters of’Muncie keep faith with the citizens
who elected them.
WORLD BATTLE IN May Solve Wheat OIL NOW LOOMING: Surplus Problem
- [ Washington, Feb. 25.—(UP)—
j Hope that the wheat surplus prob-
Standard Preparing To Fight lem would be solved before the adForeign Companies for H ent of th6 w ! nte 1 r y^at crop in ri 4 i f ti/i .i 4 IJune, was voiced by Chairman Control Oi Market. jLegge of the Federal farm board in
a statement here.
New York, Feb. 2":.—(UP)—Another billion-dollar corporation is il the making, to engage in the world battle for supremacy in oil. With announcement of a proslective merger of the Standard Oil Z!o., of New York,, and the Vacuum Ail Co., notice was served in effect on Sir Henri Deterding and other foreign potentates of oil that a oOwerful combination has taken the leld against them. The merger announcement was made by the directors of the Vacuum OH Co., and the Standard Oil Co., of New York. It is contingent only upon a favorable court decison sanctioning the combine under i he anti-trust la-ws of the United: States. A friendly test case will | be brought, probably within a fevvi
days.
Both companies were former sub-' sidiaries of the Standard Oil Com-1 pany of New Jersey, from which; they were divorced in the famous “Standard Oil dissolution suit” In |
1911.
He termed the drop of wheat to $1.04 in Chicago yesterday, “not so good,” and said no one can tell whether the bottom had been
reached.
“Anything is possible,” he said when asked whether the stabilization corporation would go beyond co-operatives in purchase of wheat should the price continue to fall.
SPRING WILL NOT COME BACK UNTIL SATURDAY. MAYBE
Muncie’s Finest Entertainment WYSOR GRAND GEO. S. CHILLIS’ Muncie’s Leading Theatre
Paul Lefler, who plays third base m-the law firm team
of Lefler, Ball and Lefler and is trying to pinch hit for the Unity League’s old Republican gang machine outfit in the coming primary for the nomination of prosecuting attorney^
missed a practice game in Circuit Court very recently. The law firm of which he is the final of the trio of
“mustytears” is representing James R. Peacock, charged with assault and battery and intent on Marion Tuttle. One day early this week while Paul was standing at the Court clerk’s desk one of the attaches of the law firm appeared
and asked for continuance of Peacock’s case. Joseph Lefler, the attache reported was actually ill.
Walter Ball, second in command at the firm was tied up in
other business, so the continuance was asked. Paul must have been embarrassed as the roll call of
the firm stopped just before his name and the matter was_
101 RUM RUNNERS, BOOTLEGGERS -1 ^ (Continued Fro hi Page •One) editorial he received quite a spontaneously laugh from several in the count room when he mentioned his clinical powers* , ; Others to receive suspended sentences included several well known public ch^racte,^ such a§ Luke Rowan, Fred Jones, Gastofi Cone, rTjfbnf^s- Wilkifison, Joseph Hopper, William Wilkins; Elmo llcoaldSon; George Sampson, Jack Strange and Jessie McMeely. In the ca^se of the two men acquitted of intoxication charges by thq judge just a week ago, their attorney was the same Wilbur Sims, the Aqron Burr of the Democratic
Indianapolis, Feb. 27.—(UP) — Spring will not return to Indiana before Saturday, J. H. Armingtoh, „ U. S. weather bureau meterologist | :aid today, indicating that 1930’s " March might come into being as a
lion.
Two weeks’ mild weather was broken last night, as temperatures j sank from above the 50 mark to! ;>0 degrees. At 7 A. M., today thej mercury stood at 32. Still further temperature decline j was predicted by Armington for to-j night, when reading of 25 degrees ( are expected.. Friday urob^ldy will] be unsettled', he said.; r O—
Program Week of March 1 Sunday, Monday, Tuesday
On the Stage
JOE BARNETT’S Melody Lane !n another presentation “IN HADES” With your old favorite DON DIXON As Master of Ceremonies and all your favorites in new songs, dances, fun and novelties, to-
gether with
Vaudeville Bordine and Carroll Hcosier 4—Barnett Girls
MORE DRIVERS IN THIS STATE LOSELICENSES Indianapolis, Feb. 27.—(UP)— License revocations announced today by Judge James G. McCord, of the Auto License Department, sec-
retary of state’s office, were: For driving while intoxicated— Edward Slater, Mecca; Guy Hes;ong, Kokomo; Ralph Scherer, Ko;omo; Clyde Kinziel, Bourbon; Tarry Sheets, Decatur; Marian Shafer, Hammond, because she will not be 16 years of age until May, 1930; David Thiede, Terre Haute, reckless driving; Randsome Neese, Knightsville and Frank Rizzo, Gary, had their first coupons clipped for reckless driving.
dropped there. Now right here would have been a good time] P^ty last primary and election, Jiims has not lost a case in F 4.. of rB. w ! City Court since the change ot judge and it has been noted
for Paul to get some practice at the law game and it was not explained why Paul was “benched” in the conduct of the | firm’s business. I Now Paul aspires to be prosecutor, in fact, has aspired j more than once and it would have been interesting to find ] out if he can even try a case by himself. But that point won’t be proven now, for Paul lost his opportunity to come to the rescue of the firm’s business, defend and point with
pride to his conduct of Peacock’s defense.
Most of Paul’s practice lately has been devoted to listening to the “coaching” of George Cromer, Billy Williams, Nose for Nose Jim Fitch and other Unity Leaguers on the
political sidelines.
by the police that on the occasions that the pouct arrest persons who later turn up as clients of Sims the judge not only finds these clients not guilty, but as if to add insult to injury Judge Mann delivers tirades against the police and
his lengthy decisions on these cases, not others.
On the living screen Joseph Schildkraut In the talking picture “The Night Ride”
Racketeers After Actors In Chicago Chicago, Feb. 27.—Racketeers j have renewed a “shakedown” cam-; paign packed by thi'eats against well-known actors and actresses appearing in Chicago, police said yes-
terday.
The Actors’ Equity League began |a formal investigat'on of complaints) j.nade by several members who said 11 fl-iFxxr witli rl H.n dig
It was this unusual situation that led the psl'.ce depart- 'they were presented with demands ment backed by the mayor to reach a decision that Judge Lov during Chicago engageMann was not giving them much consideration m the cases penalties unless they paid. Equity
said hundreds of dollars already had been paid by members, that Others had been frightened out of town and that many had been forc-
ed to seek police protection.
“One Man—One Family” Court Action of Henry Harrison, son-in-law of Judge J. Frank Mann of City Court and bailiff of the court, in swearing affidavit of public intoxicatioq against Thomas Denny, under orders from his father-in-law who is also judge gives the City Court the status of a “ONE MAN—ONE FAMILY” Court. This method of transacting legal business is the Judge’s retaliation against the police who early in the week decided to file their “clean up” cases with Justice Swain because in so many instances the City Court judge had expressed publicly that he had no confidence in officers of the department. Now in this retaliation Judge Mann has turned his court into a “ONE MAN—ONE FAMILY” Court and orders his son-in-law bailiff to swear the affidavits against defendants who the son-in-law never saw, never arrested and never submits testimony. The new “ONE MAN—ONE FAMILY” Court is quite an innovation in the administration of justice. In this retalitory “ONE MAN—ONE FAMILY” Court the police are merely subpoenaed and testify 40 the arrests they have made. They are not required to swear'oht the affidavits, but the son-in-law bailiff who is a subordinate qfficer of the Court tends to this part of the ceremony and Robot-like swears out warrants against persons he never saw, never arrested and will not be called upon to testify against. If this procedure does not establish a, most unusual Court, we don’t know what does. Following up v the Judge’s unusual record of permitting 101 rum runners, bootleggers and law violators to escape jail penalties in less than seven weeks time this latest “stunt” is not so puzzling, at that. Outcome of jffiis “ONE MAN—ONE FAMILY” Court will be watched .ydth considerable interest in the legal fraternity as such a monstrosity should. Making Good To Voters Surely the first seven weeks record in City Court of the handling of “clean up” pledge cases was not impressive to the voters, although Judge Mann’s acts might have brought considerable glee to the rum runners, bootleggers and liquor law violators. P’reeing twenty violators, finding nineteen guilty, receiving pleas of guilty from fifty-four with .eleven suspension of sentences, six cases dismissed by prosecutor, two discharged and two dismissed in court and out of the entire 103 cases, many against notorious rum runners, bootleggers and liquor law violators, only two actually going to jail. The administration started immediately upon taking office to begin the “clean up” asked by voters who so valently supported Mayor Dale and the entire Democratic ticket. Everyone in the administration should do his part enthusiastically and with promptness. In newspapers, over the radio,- in campaign talks the plea to voters was to elect
brought by them before him, and most especially in cases in which Wilbur Sims was attorney for the defendant. In the Manford Sunday case. Officers Bollinger and Turner, both testified as to the condition of Sims’ client, how he defied the police and finally had tq be loaded into the nice, comfortable motorized patrol to be taken to jail. Wavering this testimony aside the Judge thought more of testimony of hangers on at the Star pool room than he did the
officers.
So when the two men were arrested in the same Star pool room for intoxication a few days later, Chief Massey with the previous nerfbrmance of Judge/Mann in mind, sent four officers to make the arrests. Again the Wilbur Sims defended clients were acquitted and* testimony of the four officers, war veterans ;and Lcgionnairejn or ex-Legionnaires at that, was of no avqtl and the testimony of hangers-on at the Star pool room was given preference. Now after the Judge had given the police department slaps on both cheeks, a boot in the pants, shoves on both shoulders and the merry ha, ha up h?s sleeve, he felt grieved that the officers with the backing of the mayor decided to take their “clean up” eases to another court. To hear the daily newspaper criticism of this move one would believe that a grave injustice was being committed. For the information of the editors of these two daily sheets Jt should interest them to know that on the docket of Justice Swain’s court there appears the following cases, and even some of these were filed there by the prosecutor’s office: r ] * George Kelly on Feb. 1, 1929, was founfj guilty of charges of intoxication and fined $38.00. On March 23, 1929, Oren Christenson paid a fine of $1 arfd costs on a charge of violation of the motor vehicle act. April 27, last year, Milo Routh paid a fine of $38.00 for
intoxication.
On June 27, last year. Shades Ragan was found guilty of violating the fish and game laws. In all of these cases you can find similar ones in the City Court and all the howl about the competency of the Justice Court to try the cases filed in them in bunk. Justice Courts have been in existence for more than 100 years in Indiana and have not been attacked as to their jurisdiction in criminal cases. Furthermore, in the cases cited above the county prosecutor or none of his deputies nor attorneys defending tjie persohs involved raised the question of the competency of the Justice Court to try criminal cases within their statutory jurisdicticn. In a recent case this question was raised when Howard Ritter was fined for having
a rabbit out of season.
Just why the competency of the Justice Court is attacked at this time and caused the prosecutor some alarm is not qillite clear. The solicitude of the daily newspapers and their caustic attacks on the mayor and police department is not needed and likely would have been reserved if their editors had taken time to inform themselves of the facts involved. But they stumbled blindly on, hoping to bluster through somehow to the embarrassment of the
mayor and police department.
Now the mayor or police department are not embarrassed, because they are acting in good faith toward fulfillment of the “clean up” pledges. They are undaunted by the harping of the unreliable editors of uninformed daily newspapers which are Republican organs to their very core. When
T |‘ : *, -V- L V, r 5 a . ” ’ Next Wednesday, Thursday, Friday and Saturday Melody Lane in new revue screen “MURDER ON THE ROOF” All talking wi v h Dorothy Revier, Raymond Hatton and Margaret Livingston.
VAUDEVILLE Every Sunday
for your health’s sake. Be Sure the Milk You Buy Is Pasteurized Phone 484 For Producers Quality Milk Indiana Dairy Marketing Association C. and O. and Broadway
r
Severe Quake Felt In Imperial Valley
Brawlay. Cal., Feb. 27.—Nearly forty earthquake sliooks, the greatest number recordCtl 'here ?.t one time in more than a decade, rocked Imperial valley between 3:30 o’clock Tuesday afternoon and 9:15 o’clock Wednesday morning. Buildings in Brawley, Westmoreland and Calipatria were damaged. No casualties were reported. Visitors to the valley became ( panic-stricken. Many refused to- ; sleep in their hotel rooms and remained up all night. -There were four major shocks. H. H. Griffin of Brawley said while riding eleven miles northwest of the city Wednesday he saw spouts of hot and cold water shooting from the ground. Other residents told of sections at highways being flooded by water pouring out of earth cracks.
IVMJNCIE’S BIGGEST AMUSEMENT CENTER
Sunday—One Day Only
Indiana Roads Closed to Traffic
Indianapolis, Feb. 25.— (UB) — Rains of the past four days have so softened roadbeds of state highways that several were closed to heavy traffic and others closed entirely, according to a bulletin from the state highway commission. Road 3 extremely soft from Hart-j; ford City north, only light tratlie j! gouig through. Road 16, soft from Huntington east, only light traffic permitted. | 'Road 29, impassible due to soft-| ness at following points: three miles north of Logansport; three j and one-half miles north of Royal Center, and two and one-half miles south of Winamac. Road 41, impassable at an unpaved gap north of Kentland. Road 53, impassable on detour, four miles north of Rensselaer. v Road 14, closed between Silver Lake and Akron. Road 15, closed between Silver Lake and Warsaw.
3 Acts R-K-0 Vaudeville On our stage and on the Talking Screen ' DOROTHY MACKAILL In “THE LOVE RACKET” One of the big New York stage hits now on the Talking Screen!
DRESSES AND HOSE STOLEN FROM BEDFORD STYLE SHOP
Bedford, Ind., Feb. 25—(UP)— Thieves entered Lillian’s Style Shoppe at Bedfqrd sometime during [ ! the week end and stole dresses and [ hose valued at $500. The loss was
not covered by insurance.
Entrance was made bv removing
the mayor or any of his department does anything good for win(lo ’A, cl:!HS 1n the rear the
the-city these daily Republican organs, editors, Moran and erej 6 ’nutn r< Mack like, “don’t like it even if it is good.” store today.
4 Big Laughing Days Starting Monday
Man-o-War of AH \ Musical Shows! “HIT THE DECK” A big flock of singers, dancers and pretty girls headed by Jack Oakie POLLY WALKER And Hundreds of Others!
Coming Next Friday and Saturday The Famous Stage Mystery Play on the talking screen! “THE LOCKED DOOR” A great sensational melo-drama with Barbara Tanwyck, Rod La-j Rocke, William Boyd and Bettyi Bronson.
Nearly $100,000,000 for New Equipment and Other Improvements
"VO* •(§><«*• (0^g"XPENDITURE of $42,000,000 by the Chesapeake and Ohio Lines for additions and betterments to the roadway and structure during 1930 is provided in the budget approved by the Board of Directors. This is supplemental to the budget announced in this space last month, which provides $42,500,000 for new rolling stock alone—more than 11,000 new locomotives, box cars, gondolas, hopper cars and passenger cars. All the contemplated improvements will increase the capacity and reduce the operating expenses of our Lines. Some of the projects will not he completed this year, but will require further expenditures in 1931. The program calls for work on all parts of the system. New tunnels will he built; old tunnels will he enlarged, new tracks laid, passing tracks lengthened, shops expanded, bridges rebuilt and strengthened and greater terminal facilities provided. Just so long as transportation is our only commodity, and the dependability of that transportation is the real measure of our success, so we must continue to plan and prepare to maintain and guarantee that dependability. The extent to which we perform a service that meets public requirements is the yardstick by which our growth will be determined. The full resources of our personnel and plant are dedicated to the maintenance of a dependable and efficient service. J. J. Bernet, Vresidcnt.
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