Muncie Post-Democrat, Muncie, Delaware County, 27 January 1933 — Page 2

YOU CAN ALWAYS BUY INTELLIGENTLY BY READING THE POST-DEMOCRAT ADVERTISEMENTS

FRIDAY, JANUARY 27, 1933.

THE POST-DEMOCRAT A Democratic weekly newspaper representing the Democrats ol Muncie, Delaware County and the 10th Congressional District The only Democratic Newspaper in Delaware County.

Entered as second class matter January 15, 1921, at the Postoffice at Muncie, lidiana, under Act of March 3, 1879. PRICE 2 CENTS—$1.00 A YEAR

MAYORS CORNER

223 North Elm Street—Telephone 2540 CHARLES H. DALE. Publisher Geo. R. Dale, Editor

Muncie, Indiana, Friday, January 27, 1933.

The Aftermath

Nearly two pages of this issue of the Post-Democrat is taken up by- the publication of a legal notice setting out the names of those who are delinquent in their Barrett law assessments. If the mayor, on taking office three years ago, had not paralyzed the paving trust by canceling “lame duck” contracts amounting to nearly three hundred thousand dollars," the list would have been longer. If the present administration had not gone to the mat with the crowd that ried to promote a two million dollar sewer and disposal plant, and put them to rout, the city would be wholly bankrupt at this moment. In the delinquent Barret law list, over two thousand separate pieces of Muncie real estate are affected. The sale of these properties, authorized by law, is for the purpose of raising money to pay for streets, alleys and sidewalks constructed by John Gubbins and Billy Birch, during the wild boom days of the urlthinking past, when boards of public works were merely flunkies in the employ of The paving trust. Professional promoters, employed by these contractors, were hired to secure petitions for the paving of streets. Some of them received money, others got their improvement free for betraying their neighbors. Protests were unavailing. When the gang picked out a street to pave, nothing could stop the proceeding. When the contracts were let, competition was stifled. The prices paid were outrageous, and confiscatory. That is the reason that two thousand Muncie properties are for sale. What would have happened to Muncie if the old crowd had held control three years ago? The determined fight to oust the mayor and send him. to prison comes from the crowd that is responsible for that long list of victims whose names appear in the list. They sucked your blood until you were bled white, but greed and gluttony know no bounds. They want back in to devour what is left. They think you have saved up a few '■pennies and their finger^ are clutching for them. They would rob the baby’s bank and celebrate over it. A part of the same general group to which the defunct Muncie paving trust belongs, sought to mortgage the state. Lan,ie duck contracts were let by the Leslie state highway cohimission, after the election of Paul McNutt and before he took office. \ Contracts foil cement, at war prices, amounting to $2,500,000 were let. But they seemed to have overlooked the temper of a forthright and courageous governor. Evidently they did not know Paul McNutt. Governor McNutt took office a few days ago and almost his first words were:: Back up there, cancel those contracts,” he roared at the lame duck highway commission. It was an outstanding act, and one that should endear the governor to every right-thinking person in the state, and it augurs well for the future of the state, which has been at the mercy of the highbinders for many years. Grovernor McNutt has chosen to travel the rough road, which is the right road, and already the fangs of tlm common enemy are' bared. The Post-Democrat believes that the rough road that Paul has chosen will so endear him to ’* the people of the ktate that he will be called to higher honors, evert' beyond his dreams. He is young and has the proper concept of popular goveniment. In the days to come the nation will need a leadership that cannot be bribed, bullied or coerced into the wide and primrose path of dalliance with the sirens of special privilege.

Unusual Picture at Uptown Theater

An unusual motion picture of

The Governor’s Message

What Paul V. McNutt said and promised as a candidate in the recent political campaign was significant in the point that it gained him followers who believed in him and felt that he could deliver what lie advocated. But, his program as a candidate fades into insignificance when his words are clothed in the mantle of governor as they were when he delivered his dynamic and forceful message to the joint session of the Indiana legislature. As one newspaper writer stated, the message given by Governor McNutt to the legislature was the only real message that has been delivered by a chief executive of the state for many years. Not only did he point out the difficulties that face the session but he offered the remedies that should correct those difficulties even under abnormal condition. His words were forceful and when delivered by him they gained new substance and new weight, holding out hope tp a people whose state government has been more or less drifting for a number of years. Naturally, Governor McNutt cannot perform the impossible. The people of Indiana may be expecting more from him than it is humanly possible for any one individual to deliver. There are one hundred fifty members of the state legislature and they have the privilege and right of their own convictions. But, the majority of them were elected on the same platform of promises as Governor McNutt advocated in his campaign. Furthermore, his message to the legislature contained recommendations that followed in detail what the platform of the Democratic party espoused. As potential leader of the state government and as natural leader in liis own right, Governor McNutt has reason to feel that the legislature is as anxious as he is that promises be kept. There might have been some wonder in Indiana whether the new governor would hew to the line of promises he made even before he became a nominee for the office of governor. It must give satisfaction to the state to know that Mr. McNutt, the citizen, made specific promises in regal’d to several matters, one of them the public utility laws when he repeated as Mr. McNutt, the candidate, and which he has now reiterated as Governor McNutt. Nothing more could be expected from any man than Governor McNutt has given in the past which is a harbinger of what he will give in the future.

The city hall is sad today. Charles Indorf is dead. His funeral was held Friday. He lies buried in Beech Grove

cemetery.

Of the various appointments made by me the past three years, the selection of Mr. Indorf as the president of the board of public works, I may say, was an outstanding act of public service on my part. I am not saying this, boastfully, but more as a plea to a community that grieves over the loss of a citizen and a city official, who was as nearly faultless as any human being I have ever met in a long and busy life. As president of the board of public works, Mr. Indorf was the very heart of a department that has been used in the past to defraud and oppress the people of Muncie. In placing that great responsibility on this good man, I had hopes that the citizens as a whole would feel that this is their administration, functioning for them, and not for selfish interests. Charles Indorf never tasted intoxicating liquor in his life. He lived a cleanly life. He loved all mankind. His spirit went to the Great Beyond, I believe, as pure and undefiled as it was on the day of his birth, in distant Russia. As a business man his honesty was proverbial. He built up a fortune by honest dealing. He came to America, a poor emigrant boy. He was deeply religious. He was the official reader of the local Jewish synagogue, and the deep and learned philosophy of the Talmud, the Hebraic book of rules, which corresponds to the Bible of another faith, was his constant guide in life. It would be hard for me to describe my personal affection for this departed member of my official family. I feel that the loss to the administration is almost irreparable. An illustration of his impeachable honesty was given by Judge Guthrie, in aconversation with me Thursday. Some years ago, as Mr. Indorf’s attorney, Judge Guthrie prepared and filed his client’s income tax report. Alter the report had been sent away Mr. Indorf rushed into Judge Guthrie’s law office and excitedly demanded that the report be called back. “I made a mistake and I want to correct it. It should have been fifteen dollars midre,” said Mr. Indorf. Notwithstanding the assurances of his attorney that .the slight mistake would make no difference, the report was called back for correction. “You see, I swore to it, and it wasn’t true, so you must get it back at once,” he insisted. When most men die, newspapers mention only the good qualities of the deceased, a discreet and friendly thing to do. It is seldom that a man dies of whom nothing in the world to his discredit could be read between the lines, or in the imagination of the reader. The late Mr. Indorf was the rare exception. Nothing bad could have been said about him because there was nohting bad in him to talk about. The Muncie Press gives Mr. Indorf the following heart-

felt praise:

“The kindly heart of Charles Indorf is stilled and the city has been called upon, as it has been called upon so often in the last yeaf, to mourn the loss of one who has held a high place in the affections and in the great esteem of her people. It is something to be commonly thought to be honest and “square,” it is much more to possess the kind of honesty and fa\r-inihdedness that nobody would dare question. Charles Indorf was of this latter type. He dealt with his fellow men, whatever their station in life, as he dealt with his family and his closest friends. He believed in giving the best of service that was in him to those about him. He had in him, innately, that smiling, courteous quality of character that instantly made a friend of the one whom he met casually, for his frank, open countenance was as readable as an open book. In it was nothing of deceit, nothing of

hatred, nothing that was unlovely to look upon.”

der consideration. Not an Amendment.

With the greatest respect for the judge who has formerly conducted this cause and for the theories and arguments of counsel in the case, the court now holds that the reso

lution adopted September 22nd is jingle savage beasts in action is

due to be shown at the Uptown theater Sunday, Monday and Tuesday is “Bring ’Em Back Alive, visualizing the adventures of Frank Buck in fetching the largest and most ferocious wild beasts from the jungle to the zoos of the

world.

The picture shows, among other events, a stalking, preying, frothing female tiger cut a tiny haby elephant off from its mother. The baby pachyderm is no higher from the ground than a medium sized

not in the nature of impeachment. It is a plain and simple declaration that Muncie had no mayor at that

time.

By the amendment the acUon is made into one to impeach a mayor still in office who, in the proceeding sought to be amended, was charged with not being in the office. It musit, therefore, be held that the so-called amended charges are not in fact an amendment at all, but constitute a new and distinctly different cause of action, being an attempt at impeachment and removal from office. This court in this case can not try an impeach ment in the first instance. The statute governing impeachment of municipal officers in Indiana is clear in its provisions. It puts in the common council the making and trying of charges of impeachment in the first instance and provides that the proceedure shall be fixed by ordinance and if there be no irdinance of the city of Muncie laying down the proceedure, then before an impeachment could be conducted and concluded such an or dinance would have to be adopted.

Amenments Struck Out.

This court has no jurisdiction whatever to try an impeachment except as an appellate tribunal. If there had been at the beginning impeachment charges in the com mon council and a trial of such charges in the council and if this were an appeal from such trial then amendments might be made and a trial de novo had in this court on such charges as amended, provided such amendments were along the line of the original charges, but such is not the status of the case It follows the conclusions stated 1 amendments must be and -’ ey are now struck out, An exception to the ruling ol; thfe court is given the common council

and its members.

A Muncie Star eulogium is as follows: “Charles Indorf, president of the board of works, business roan and gentleman, is dead, and Muncie has lost another valuable citizen. Mr. Indorf had been a resident of Muncie for nearly thirty years, be ing engaged most of that time in the clothing business, and during those many years of contact with the public he made scores of friends who highly respected him for his honesty, his uprightness and willingness to enter into all movements for the good of the com munity. For eighteen years he was president of Beth-El congregation and he was one of those who was instrumental in the building of the splendid Jewish synagogue at Jackson and Council streets. Just a few weeks ago at a service marking the tenth anniversary of the building of the synagogue, Mr. Indorf had the pleasure of burning the mortgage on the temple. He had worked untiringly for a permanent religious meeting place for his people and he lived to see that dream come true. Mr. Indorf not only will be missed by the Jewish people of the city, but he leaves a vacancy in the community that will be difficult to fill.”

So, the kindly, smiling face is missing. The courtly, dignified, intellectual gentleman has passed on. During my three years’ constant contact with him, as an official in the city administration, I never heard an oath or a foul word issue from his lips. While hot strife, engendered by malice and injustice, angered and ruffled others and brought forth harsh and uncalled-for words, Mr. Indorf was invariably serene and smiling. There was a life that the youth of the city may well pattern after.

Senator Watson states definitely he will not be a candidate for the United States Senate in I934, and a lot of people in the state are wondering whether he was a candidate in the recent election.

Lv identh. Nicaragua feels it can have a peaceful election now that Democratic administration i s to take over the reins in Washington, all the United States marines having been withdrawn from that country.

Future of Republican Party in Doubt—Headline • Wel] ’ what happens to the Republican party is not of so much interest to the people as watching how much better and more effectively the Democrats can do their duty.

Another one of President Hoover’s commissions finds the United States is facing grave social problems, but we thought Mr Hoover gave assurance during the campaign that things had started for the

A celebrity is a publicized per-jto do anything with him son who makes $5,000 a year and! _ n

receives appeals for $2,675,450. When each nation says it is right, you know somebody is lying. People couldn't be that dumb. “The monarchists can do -nothing w’thout me,” says Wilhelm. In .the old days the hard job was

If PostDemocrat mail subscribers have a date mark following their names on the paper or wrapper, which reads 1932, their subscriptions are past due. See the “Special Offer” advertised elsewhere in this paper.

JUDGE WILLIAM (Continued Prom Page One) term has a very definite meaning. To try a cause de novo means to try it “anew” to try it “afresh,’ to try it a second time. Now, what is it that is to be tried de novo, that is to be tried “anew” in this cause? Manifestly it is the cause that was started by the resolution of the' common council adopted September 22nd, 1932. That is what has been brought here on appeal.

That resolution was a declaration isted at the time of the adoption of

making more specific its allegations, improving it, withdrawing surplus allegations and other like and similar *alterations. A pleading that sets up a new cause of action different from that set up in the original pleading is never an amendment. It is the beginning of a new and different case. In the cause now under consideration the original action is one to declare a vacancy in the office of

inayor.

The resolution declaring a vacancy assumed that a vacancy ex

that the office of mayor was vacant, nothing more, nothing less. That is what was appealed from, nothing else. It is earnestly contended on behalf of the common council that on a trial de novo the proceedings may be amended and that therefore the amended charges adopted by the council on or about November 22nd, 1932, after this ap peal was taken, and filed in this court on Nevember 23rd, constitute the cause now to be put at issue and tried. If the last mentioned charges are an amendment of the resolution declaring the office of mayor vacant then they may he the basis of the trial of this appeal, if not eliminated by the demurrer.

New and Different.

An amendment of a pleading, and these resolutions and charges are the pleadings in this cause, is the correction of some error or mis-

pity of Muncie had no mayor. There being no mayor it necessarily follows that a mayor could not be im

peached.

Cannot Bind Court. It has been countended in argument on behalf of the common council that the first resolution, that adopted on September 22nd, constituted impeachment proceedings and that Dale, through his counsel, has proceeded on that theory; and it is said that this court in some former ruling has held the original proceedings to be in he nature of an impeachment. Parties litigant may be bound by an interpretation they put on pleadings, within certain limitations, but they can not bind the court by that interpretation and the judge of a court trying a cause has always the right to form or re-form the issues

DEMURRER OF DALE UPHELD. The cause now stands on the de jnurrer to the record of the common council as originally appealed from. That record shows that on September 22nd, 1932, the council adopted a resolution declaring the office of mayor vacant because of his conviction in the Federal Court of having violated a criminal statute of the United States. This was followed by other proceedings electing a mayor to fill the vacancy declared in the resolution. The record shows that the adoption of thR resolution and the other proceed ings all occurred in the absence of

ANNUAL REPORT OF CLERK, SELMA, INDIANA

For year ending Dec. 31, 1932

Receipts

Balance Jan. 1, 1932 $1517.95 Gas tax 196.93 Corporation tax June draw 142.77 C. C. C. & St. L. Ry. .crossing light maintenance __ 50.00 Depository interest 28.99 Total $1936.64

Disbursements

Traction Light & Power Co., street lights A. L. Huffman, fire engine storage A. E. Boyce, office supplies I. O. O. F. No. 189, Hall rent v Loren Johnson, clerk’s sal

424.92 24.00

5.75

Dated this 25th day of January, 1933. LOREN JOHNSON, Clerk of Town.

police dog. Still whimpering for Colorcraft^ office

its mother’s milk it senses, danger. Its miniature trunk trumpets an SOS for mama. The tiger relentless, tireless, intent on the kill, lopes along. The wee elephant runs this way and that. It turns it scampers to the brush wild with terror while the tiger enemy trails it with drooling tongue and

bared fangs.

Again, a little black honey-bear ambles into camp. It is so young its eyes are ?till unopened. Buck places it in a rough-hewn cabin built six feet off the ground. Dinner time, and a hungry cub, missng its mother, lifts the simple :atch, purely by accident. By hv Rinct it rolls off to the jungle. There’s heart interest! N;o4v lomes the villain of the piecej a long, lithe, forked-tongued snake coiled in the sun, every ear u ahd sense alive with hungry hope. And there’s the little bear. Innocent, ambling .trusting. : — _ No Artificialities By Janet Gaynor

supplies

Press,

13.00 5100

1.75

Muncie Evening

legal notice Ira Hodson, labor Frank Brock, labor Fred Myers, hauling and labor Frank Brock, labor J. O. Murray, drain tile __ Frank Brock , O. L. Huffman, fire engine

storage

PosLDemocrat, legal notice Lewis Hopping, labor Frank Brock, labor Carl East, town marshall _ Loren Hopping, town marshall Delaware County Highway Dep’t. supplies and

services 192.85

E. R. Wood, labor

5.87

.50 .70

13.50 4.55

.91

3.80 12.00 5.87

.50

2.80 7.50 7.50

3.00

Total 781.27 Total receipts 1936.64 Total disbursements 781.27

Balance, Jan. 1, 1933 Indebtedness

1155.37

None

Overheated Stoves Cause Many Fires Close Watch, Frequent Check-up, and Proper Care of Ashes, All Help in Game of Safety. In extremely cold weather it is a temptation to force fires in heating systems in order to keep warm. Records of the national board of fire underwriters indicate that over-heated stoves cause numerous fires during winter—thoughtlessness in tending the fires, radiated heat which chars beams placed too close to hot metal, defective or soot-clogged equipment

or chimneys.

All these dangers'can be eliminated. When attempting to obtain maximum heat from a stove or furnace, it is important to keep close watch over the unit—do not stay away from it too long. If this is done there is little likelihood of overheating. __The second item is urgent. Make an inspection of all smoke pipes and exposed metal parts of heating Xinits that become hot, to ascertain if wood or other burnable materials is located too near. Con'tinued proximity to the hot meal may cause fire, particularly if an extra amount of heat is generated—it happens daily. If combustible material cannot be moved to a safe distance, protect it with layers of sheet asbestos. One more precaution: Do not place hot ashes in wooden boxes or cartons; this is like a slow fuse to gun powder. Put ashes in metal

containers.

Mayoi Dale and without any notice .nance is said to be the delightful

naturalness of both players who rely solely upon their own personalities to emphasize the dramatic

highlights of the storyv

“The First Year,” opening at the Vaudelle Theater, was adapted rom Frank Craven’s play by Lynn Starling and was directed by Wil-

liam K. Howard.

, 1 ■ —— a -— “Haunted Gold” at Liberty Theater

whatever to him. It is not necessary here to decide whether the indict ment and conviction of the .mayor created a vacancy in the office. The only question here is whether the proceedings of the council were valid, having been conducted with

out any notice to Dale. Notice Must Be Given.

No right, no office, no property can he taken from any man, under the dominion of the common law. without notice and an opportunity

to he heard.

It matters not that an incumbeui may have forfeited his office by operation of law. When the time comes for his removal and the sub stitution of another, if he he still acting or claiming the position, he can not be dispossessed without

notice.

It has been Well said that: “It is the utmost stretch of arbitrary power, and a despotic denial of justice, to strip an incumbent of his public office, and deprive him of his emoluments and income, beexcept for legal cause, alleged and fore its prescribed term has elapsed proved, upon an impartial investi gation after due notice.” As Provided by Law. The resolution of the common council, if taken as true, in its re citations, may, or may not, show a vacancy in the office of mayor That question is not now being passed upon. If a city official has been con-., victed of high crimes and has been rendered ineligible to hold the of fice or has forfeited the office, for any other reason and has not surrendered it, he may be impeached and removed, but only as provided by law. A mere resolution that the office is vacant does not make it vacant, whatever may be the facts on which the resolution is grounded and especially if the official is holding the office or is claiming it. It must be taken from him by due process of law, just as any other right, property, or emolument must be taken. No Binding Force. The only step that has been taken in this case toward ousting Dale from the office of mayor is the passage of the resolution referred to, without any notice or hearing

the resolution, that at that time the; and without the slightest semb-

No artificialities of manners, garb or speech were affected by Janet Gaynor for her role in “The First Year,” in which she and Charles Farrell appears as a normal young American couple deeply engrossed in each other. In “Merely lyiafy Ann” Janet was an English scullery maid; “Daddy Long Legs” presented her as a homeless orphan fated to wash, scrub floors and nurse the babies; for “Delicious” she wore the red tarn and kilts of Scotland and adopted the delightful brogue of the highlands to emphasize her

characterization.

But in “The First,Year” she has i father and mother of ample means, wears charming frocks, and entertains various young men as suitors. In fact, the chief charm of this latent Gaynor Farrell ro-

John Wayne, popular Western star, has long been accustomed to providing thrills for his motion picture audiences, but he met a new type of thrill in the making qf “Haunted Gold,” his latest Leon Schlesinger production which comes to the Liberty Theater Sunday and Monday. The fight scene in which he participated with a husky scoundrel would have* been dangerous enough had it been enacted on firm ground, bt in striving to bring new thrills to the screen, the fight was written in the script as being performed in a srrfall mining bucket suspended on an aerial tramway hanging rirfd-air over a thousand-Toot canyon. 'Great hazard was encquiiteredin makng this particular Scene,', for the depth of the chasm brought extreme danger to the actors and the camera crew engaged in making it. There was a general feeling of relief when the scene was completed, for none felt too secure about the safety of 1 the

tramway cables. —o

iStaljn has struct t. snug. He planned to kill all the rich people, and now the fellow with a whole loaf of bread seems rich.

Big Double Attraction Sunday Only

lance of any process known to the

law.

far asmbforef taoin rdlu aoin dlun The resolution is a nullity so far as having any binding force on the mayoralty of Muncie or its incum-

bent.

The demurrer must be and is sustained with exceptions to the com mon council and its members. (Signed) , WILLIAM A PICKENS Special Judge, O- r-^r-Jf PostDemocrat mail subscribers have a date mark following their names on the paper or wrapper, which reads 1932, their subscriptions are past due.

See the “Special Offer’ Used elsewhere in this

adverpaper.

take in a pleading already beforeirrespective of rulings of a former the court, a correction of its faults, judge who has had the matter un-

Somehow Mr. Garner reminds us of the man who took a pay cut of 50 percent to get his name on the door.

Liberty Theater Sun., Mon., Jan. 29-30 JOHN WAYNE And His Wonder Horse DUKE “Haunted Gold”

Tues., Wed., Jan. 31, Feb.'1 “Faithless” With Robert Montgomery and Tallulah Bankhead

Thurs., Fri., Sat., Feb. 2-3-4 Will Rogers in ‘Too Busy to Work’

STAGE

Art & Ben Mowatt “Two Hat Salesmen” Fred Craig Jr. in Fifteen Minutes of Comedy, Talk and Mental Diversions. Carleton & Ballew “Laughing Thru Life” HARRY WHITE and ALICE MANNING “Terpsichore, Laughs and Stooges”

SCREEN

Thestory of a

Squandered

girt

Millions to

who

Rich in Love. “NO MORE ORCHIDS” Carole Lombard With WALTER CONNOLLY LOUISE CLOSSER HALE

•/h9uMvx CJhcatr^

When You Need SAND or GRAVEL Phone 100

Good Sand is very important lor the purpose of Quality Construction. OUR SAND IS THE BEST

Muncie Washed Sand & Gravel Co. Burlington Pike W. M. Torrence, Prop.

CRUSHED ONE

Roads, Auto Drives, Garage Floors Concrete Aggregate Muncie Stone and Lime Company

Phone 1266

P. 0. Box 1212