Decatur Daily Democrat, Volume 34, Number 289, Decatur, Adams County, 7 December 1936 — Page 1

XXXIV. No. 289.

fcrt Wayne Man i/s Instantly Killed I Near Here Today

..■] Schultz, Policeman ■Korn Fort Wayne, Dies As Truck Rushes Into Tree. ■river INJURED Schultz. 42. Fort Wayne " rtS distantly killtNl at morning when the track .HU., h he was riding slipper! and jammed between e. one mile and of Decatur on I’. S. u ,„ Franke. F.irt Wayn-. „f the trmk is suffering a badlv lacerated L n ,i . tiiii'ions on the <-h<-’ tvsi, ian was unable to <lea- o’clock this afterhe was suffering internal injuries. He was under the influence of an was being treated for A farther examination will today I’ was possible chest was damaged by . . . h „ steering when! w eye witnesses M, but neighlxirs h-a'il l-'-arke wn.s nulled from K , a >, with little difficulty. II" to the Adams countv hospital by Jerome and Obed Geriber. Body Crushed tree forced the cab frame biiltz’s body, crushing his |ES chest and abdomen. His Ikmlv was viewed by Ininof thrill-seekers who crowdhe truck. Mashed into Hg.. r of the cab. it was more an hour before the body be extricated. Robert Zwick went his pockets and found no identification. He had cents in change. A cielighter was fattened hr ' A Fort Wayne police was found in his shirt the badge number. 97. traced to Fort "Wayne. Be--3*4? of his condition, it was imto make a positive identi ■: over the telephone. A drove to Decatur at 2 this afternoon and id>-nti-body. |K| Accidental Death Zwick stated this attm--that he will return a verdict MK> ■!,!..n0,] death. From track® tlie berm of the road, it anthat the truck left the about 150 feet north < f which prevented it falling the embankment. ■HUn the evidence of the tire it appeared as if the driver Mr. Franke said he know how the accident Eecn Fred Schurger. who up to the scene of the acciimmediately afterwards, that the road was no cars being in sight CorZwick stated that Mr. Franke Ml not appear to be under the in of intoxicating liquor. Dallas Brown supervised of the traffic along ad In addition to the wreckwas necessairy to have a gsflrd log truck assist in pulling pßwmeked truck to the highway, few minutes that the log wae stationed across the cars were lined up four — - — — — nv page two)

Kh Autos Collide I Here This Morning <ars were elightly damaged EBi accident which occured at the of Second and Monroe this morning at about 8:30 One car was driven by A. of Fort Wayne, coming the north, which etruck an ggjfctnohile driven by Henry Heiroute four, Decatur, who. SehS^B er said, came from the south SBniadi- a left turn in front of him. KB ~~ o ®catur Petition To I Be Heard Thursday ■ B hearing on the city of Decatur's to make several additionKBfrP ro Priationß, including one for ■ B o( iern street sprinkler, will be SM a ' 9:30 o’clock Thursday mornDecember 10. The hearing will BBonductcd by Paul Weber of the ■Jr* to board of tax commissioners, additional appropriations do ■ H ,n any way affect the tax levy, appropriations and a Softer balance in the general fund ■Kring the totals.

DECATUR DAILY DEMOCRAT

BAND CONCERT TUESDAY MI Decatur Girls' Band To Give Free Concert Tuesday A free .public concert, marking the second annivereary of its founding, will be presented bv the Decatur girls' band, Tuesday evening at 8 o'clock in the Decatur high school auditorium. The band, which is now considered one of the best high school organizations of its kind in the state, was organized in the fall of 1934 by Albert Sellemeyer, its present director. Members of the band come from the seventh, eighth and high school grades. This year the band purchased new uniforms. The program for the Tuesday con-1 cert is: ‘ Military Escort", march —Bennett "The Matinee," march—Huff “Antante" from "Surprise Symphony—Hayden. "Moon Glade.” —trumpet quartet' —Urbanek. played by Zulu Porter, Mary Maxine Hilton. Pauline Light and Annis Mae Merryman. "Stilly Night." serenade —Huff. "Magneta Overture," —Huff “Benett’s Triumphal ” —Saxaphone accordion quintet, played by Kathleen Fryback, Patsy Me-| Connell, Alice Yost, Anna Brandyberry, Marjorie Miller. “Gipsiana Themes from Hungary" —Yoder. “The Parade of the Wooden Soldiers accordion solo, played by Marjorie Miller. "Fort Royal March. ’—Huff. “Barchrolle, Tales of Hoffman”,— Offenbach. "Fort Gay March,” —Huff o

TWO ESCAPED MEN CAPTURED Two Men, Escaped From Celina Jail, Caught Last Night Decatur police and Adame county authorities joined with law enforcement agencies from several counties in Indiana and Ohio in an all night search that netted two esescaped jail-breakers from the Ce.Hna, Ohio jail.

The two men, Alva C. Templin. 20. of Keystone and Frank C. Scott, 17, of Bryant, escaped from the jail there Sunday afternoon shortly before 4 o'clock. Stealing a car in that city they drove to Decatur. Here they abandoned the auto and stole another, belonging to Russell Andrews, of Decatur route six. They were next reported to be heading toward Bluffton. Local police located the abandoned car, and Sheriff Dallas Brown immediately set out in pursuit. Several hours later, Sheriff Brown with Bluffton authorities captured Scott but Templin in the auto eluded the posse. Driven to desperation by the cold and intensity of the search, Templin walked into the Montpelier station and surrendered. The auto stolen from the local man was recovered. The men were returned to the jail in Celina, where they awaited the fi'ing of auto theft and jaibreaking in addition to the original charge of stealing an auto.

Grand Jury Makes Annual Inspection The Adame county grand jury met today to make their annua inspection tour of the county bu Id ings, including the infirmary, and courthouse and file their ommendations. . . This inspection is required y before the panel adjourns. At th ariiournment indictments, if any. "““" d respectively. The body was conduc ing an inspection tour of the jail this afternoon. WEATHER Probably snow beginning late tonight or Tuesday, except increasing cloud nesa south portion tonight; rising temperature, except tonight extreme southeast.

. XT •’■’A £ ' WtewiiMtiif a < mH f > dSu j/A ISE 1 u s '' SHf

Paj-t of crowd outside the Buckingham Palace in London anxiously waiting news of latest developments in crisis that has arisen over King Edward’s alleged refusal to give up idea of marrying Mrs. Wallis Simpson. This photo was transmitted by radio from London to New York and by sound to Chicago.

SECURITY ACT IS HELD VALID Federal Judge Rules Old Age Benefit Provision Valid Boston. Dec. 7.—(U.R) —The old age benefit provision of the federal social security act is constitutional. Federal District Judge George C. Sweeney ruled today. It was the first case in the country to test the constitutionality of the old age benefit clause. Judge Sweeney, a former assistant U. S. attroney-general and Roosevelt appointee, announced from the bench that the tax was valid, that congress did not exceed its authority in passing the legislation. that the tax was for the general welfare and that it was constitutional. “The prayer for the injunction is denied and the bill dismissed,” Judge Sweeney said. The ruling was made on a peti-j tion brought by George P. Davis ■ of Waltham, a stockholder, to re-! strain the Boston & Maine railroad from deducting contributions from employes’ salaries, and from making contributions on its own paTt i to the federal government under i the social security act.

o Two Cars Collide In Monroe Sunday I Cars driven by Otho Lobenetein ( of Monroe and Dan Kaehr, Jr., of south of the city, collided at an intersection in the town of Monroe Sunday morning at 11 o’clock. No one was injured and the autos were only slightly damaged. _ o ——

EARLY BELIEF IS PREDICTED Indiana Cold Snap To End; Parts Os Nation Suffer

Indianapolis, Dec. 7. (U.R) Almost immediate relief was promised Hoosiers today from the stinging cold wave which swept into the state from the northwest. J. H. Armington, meteorolgist at the U. S. weather bureau here, said the lowest temperature tonight would be about 20 degrees, expected to be the high point for the day* Cloudiness will increase with the rising temperature, he said, and snow is expected in some sections O s the state tomorrow. Northern sections of the state reported the greatest drop in the mercury overnight. Fort Wayne had eight degrees, Terre Haute, 8; Indianapolis, 9; and Evansville 16. Many Storms (By United Press) Winter flung tornadoes, torrential rain, and zero cold across three-fourths of the United States tOd£iy - X Government forecasters predicted temperatures ranging from 20 degrees below zero to 20 degrees (CONTINUED ON PAGE FIVE) I

ONLY DAILY NEWSPAPER IN ADAMS COUNTY

Decatui\ Indiana, Monday, December 7, 1936.

Crowd Outside Buckingham Palace

To Resume Bangs’ Trial Tonight Huntington, Ind., Dec. 17 —(UP) — The impeachment trial of Mayor Clare W. H. Bangs will be resumed tonight by the city council which will study records of thecitys’ “toy” electric plant for the first time. Carl B. Jackson, cashier for the utility, was ordered by Judge Sumi er Kenner of Huntington circuit court to produce the records. Meanwhile, the mayor is languishing in Huntington county jail on charges of refusing to obey a circuit court order for the city plant to disconnect its lines . He faces charges of misconduct in office in the impeachment trial.

PLANES PICTURE SPAIN CAPITAL Madrid Preparing For Worst Attack During Siege Madrid, Dec. 7. — (U.R) — Rebel planes flew over Madrid today taking pictures of government defenses, as the capital, starting its second month of siege, steeled itsself for the “worst attack” yet. i The airplanes, sent out by the I rebel intelligence service, made no attempt to bomb the city, dropping only a few “flares” which military men said were for the purpose of focusing their aerial cameras. Both sides, which remained quiet on all fronts throughout the night, prepared for a decisive clash which, it was freely predicted in military circles, would come this week.

One army officer said, "we expect this week to give us the answer to the siege of Madrid. We constantly await the enemy’s Irish, 'German and Italian volunteers.” | Snow, slowed down the basque advance from Santander and Bilbao which has taken two government columns within 25 miles of Burgos, the insurgent capital, while ! other loyalist troops were stalled i by bad weather near Miranda, an important bridgehead, on the Ebro .river, central point in the government operations against Vitoria. I Government aviation was able to • bomb Villa Real and Vitoria twice ■ on Sunday, while a basque coast (CONTINUED ON PAGE TWO) I

I A SHOPP/NG I V DAYS LEFT SURPRISfi GIFT ! ¥1 W FOQ THE ffej&SS WIFE 1 2 I in buy Christmas SEALS '

POPE CONDITION IS SATISFACTORY Pope’s Personal Physician Says Condition Satisfactory Vatican City, Dec. 7.—(U.R)— Pope Pius passed a comfortable night, a Vatican spokesman reported today. Prof. Arininta Milani, his personal physician, visited him again today and found his condition “satisfactory.” An air of optimism was noticeable at the Vatican as intimates’ belief grew that the holy father would pass successfully the crisis raised by his swollen legs, complicated by asthma. But they were worried about the pontiff’s age. He is 79. At that age, it was feared, he-might have a harder fight to overcome his present illness than would a younger man.

The pope’s physician prevailed on him to spend a week in bed. This, intimates said, the pope promised to do. Heretofore, his holiness always has objected to "giving in” to weariness or illness, as he has led an extremely active life. In his youth he was noted as a mountain climber. Ari official of the papal building maintenance department voiced the feeling of many of his associates when he told the United Press: "There was absolute calmness all night long at the Vatican. Everything followed its usual routine. I am positive the pope is not as seriously ill as is generally believed.” The population of Deslo, the pope’s home town, eagerly followirxwT, a/pn nv punv r-TVR)

RAIL FINANCE PROBE STARTED

‘Muncie Manufacturer J Calix’ To Testify To Committee I > Washington, Dec. 7 —(UP) —Sen. > Purton K. Wheeler, I)., Mont., opent ed the Senate’s inquiry into railroad i financing methods today with an i assertion that solvency of the na- ' tion’s rail Hues “must be maintained.” Wheeler, chairman of the senate interstate commerce subcommittee conducting the inquiry, said the object of the investigation is to determine whether legislation should be recommended to “improve the prosperity of our railroads.” Indications were that Wheeler, oc-author of the Wheeler-Rayburn law regu’ating public utility holding companies, might propose similar legislation for railroads at conclusion of the hearing. The hearing room was crowded to capacity with witnesses and spectators as Wheeler called the first witness. George A. Ball of Muncie, Indiana. Ball threw several million dollars 1 of his glass jar manumacturing fortune into a pot which was used to hold the vast Van Swearingen railloading empire intact when Jt was (CONTINUED ON PAGE FIVE) 1

Baldwin Asserts Next Move In King-Simpson Case Strictly Up To King; Talks To Commons

NEWSPAPERS IN ENGLAND BATTLE Rothormere Chain. Conservative War Over Marriage London, Dec. 7 —(U.R) —A spectacular battle raged today between the Rothermere newspapers and their conservative rivals over whether King Edward shou’d be permitted to rnarrv Mrs. Wallis Simnson and remain king. Editorially and In their news columns the powerful Rothermere nress. which, in the nast. haw so marshalled public opinion as to have overthrown governments, demanded and invoked public sympathy for the king. But the conservative press, notably the Morning Post, looked upon la marriage of the king of England and a twice divorced American a.s out of the question. The Daily Mirror, one of the Rothermere group, bitterly attacked American newspapers today. ■ charging that they had given such false and sensational publicity to Edward’s friendship with Mrs. Simpson as to have caused the strong opposition of the dominions to his marriage. The Mirror named several American newspapers and reproduced headlines and cartoons which it allegixl were either untrue or sensationalized. The Loudon newspapers, in contrast to the self imposed censorship that, kept Mrs. Sampson’s name out of print for weeks, provided their readers with every scrap of information about the king and Mrs. Simpson. The Sunday Dispatch, another of the Rothermere papers, splashed across half its back page a picture of the fnnvrrWFn n*j oagw vtvh:> OMRS. KIRSCH DIES TODAY Mrs. Mathias Kirsch Dies This Morning At Home Here Mrs. Amanda Kirsch, 79, prominent Decatur resident and widow of the late Mathias Kirsch, died at her home, 421 North Second street at 4 o’clock this morning. Death was caused by complications and infirmities. Mrs. Kirsch, who had been in ill health for some time, suffered a stroke of apoplexy on November 27, the second within a period of

two months. The deceased was a devout member of the Zion Reformed church and an active worker of the Ladies Aid and Missionary societies of the church. She was born in Preble township on June 20, 1857, the daughter of Matthias and Harriet Langenbacher. She was baptized by the Rev. Peter Vitz and confirmed by the Rev. Spies at the Magley Reformed church. At the age of 14 she moved to Fort Wayne with her parents. She was married to Mathias Kirsch on October 6, 1878 and moved to Bellmont, Illinois, where she resided for ten years. The couple then

moved to this city, where she resided at the time of her death. Mr. Kirsch preceded her in death on May 30, 1935. She is survived by three children, Mrs. Fred Reppert, O. L. Kirsch, and Herold Kirsch, all of this city. Four grandchildren, Roland and Eleanor Reppert and Hellen and Frederick Kirsch. A sister, Mrs. August Sellemeyer, of Los Angeles. California, also (CONTTNURD OK P4CIF FOUR) 0 Memorial Services Held At Elks Sunday Annual memorial eervices were held at the ®. P. O. Elks home in this city Sunday afternoon. French Quinn, local historian and attorney, delivered the memorial address, paying tribut to the deceased n embers of the organization in an impressive speech. Special mimic was provided by Mies Helen Hautold and Mrs. L. A. Ho’thouee, accompanied by Mrs. Carrie T. Haubold at the piano. The memoorial . , ritual was exemplified by the ElkSi I officers.

COURT RULING A PARTIAL NEW DEAL VICTORY

Supreme Court Rules Delay In Test On Utility Act Washington, Dec. 7 — (U.R) —The new deal won a partial victory today In the first of an important series of cases acted upon by the supreme court —the effort of utility concerns to force the government to 'trial on an unwanted test of the utilities holding company act. The court, acting in an appeal brought by the North American company, held that the government was entitled to some delay in the trial of a test of the act nought by the North American concerns. It did not, however, flatly decide how long this delay might be. Instead, it sent the North American case back to the lower courts for a redetermination of how long the delay should be. It held the government entitled to a delay in the North American case at least until a district court ruling is handed down in the government’s selected test euit—that of the Electric Bond & Share Co., now' pending in the New York federal court. Trial of the Electric Bond and Share case was begun only recently in the federal court for the southern district of New York. It was expected to be some time before a final ruling would be made there on the constitutionality of the la.w. The Bond and Share case was brought by the government to compel observance of the act which requires all holding companies to register with the securities and exchange commission for purposes of regulation. At the time the act became effective however, a whole series of injunction suits had been brought by various companies in all parts of the country. To avoid the trial of so many cases, which the government contended would only be a burden to the government and the courts, a stay of trial of the holding company suits was asked. It was agreed at the time that no attempt would be made to enforce the law pending a decision on its constitutional validity. It was contended that at least the major issues would be settled ultimately by the supreme court in the Bond and Share case. The utilities fought this plan on the grounds that the Bond and Share case was not entirely reprermwTKTTnn nN pmr ptvud

DEATH TOLL IN ■ INDIANA HEAVY ’ Accidents Take Heavy Death Toll In State Over Week End Indianapolis, Dec. 7. — (U.R) At least 12 violent deaths resulting [ from a fall, an explosion, and hunting and traffic accidents today comprised the week end toll in Indiana. ; William Rush, 86, Fortville, was killed when he plunged from a steep bluff on Whitewater river near Richmond. Mrs. Marcella Cobb, 38, and her daughter Marcella, 14, died from injuries suffered in an explosion of gasoline which they were using to clean a kitchen floor in their home near Roanoke. The gasolines fumes apparently were ignited by a nearby stove. Albert Hoyer, 65, was killed ininstantly when struck by a Pennby an automobile driven by Thomas Weber, Indianapolis. Herman Vester, 58, died from injuries suffered when struck on the highway near Lafayette by an automobile driven by Jesse Snider, Riverside. Stanley Pulaski. 32, was killed instantly whe nstruck by a Pennsylvania locomotive at a Fort Wayne crossing. [ Curtli L. Woodward, 33, was killI (CONTINUED ON PAGE FIVE)

Price Two Cent*

Prime Minister Recedes From Forcing Edward Into Making Instant Decision. CONSIDERS FLIGHT Fort Belvedere, Dec. 7.— U.R) —The Duke of York arrived at 7:20 p. m. to see King Edward. London, Dec. 7.—i(U.R’ —Flight Lieut. Edward H. Fielden, the king’s personal pilot, has been Instructed to report to Buckingham palace between 5 and 6 p. m. tomorrow and adviaed that meanwhile his services will not be required, reliable sources said today. (Copyright 1936 by United Press) London, Dec. 7 — (U.R) —Prime Minister Stanley Baldwin informed the house of commons today that the next move in the crisis caused by the king’s determination to marry Mrs. Wallis Simp* son is up to the king. When his majesty makes a decision, Baldwin said, the governments of Great Britain and the dominions will act.

Baldwin thus avoided putting the government in the position of stampeding the king into hasty and ill-considered action, perhaps even his abdication. The government, he said, would give the king “the fullest opportunity of weighing the decision which so directly involves his own future happiness and the Interests of his snbiects.” The prime minister warned, however that prolongation of the Present uncertainty would involve the greatest risk to national and imperial interests. Baldwin insisted that th® king himself had raised the issue by Informing him of his intention to marry Mrs. Simpson. Other than telling the king that the government will not sponsor a morganatic marriage, the prime minister declared, the government has given his majesty no ‘advice.’' While the prime minister was making his pronouncement to a strained, anxious house, his majesty was at Fort Belvedere, reportedly considering a plan to fly to Cannes, where Mrs. Simpson is in seclusion, a.nd have her help | him to make a final decision. The king’s strong stand that he intends to marry the woman of his choice regardless of consequences may have been strength°ned by the pomilar reaction in his favor. Demonstrators pa,raded the streets and shouted for the king, waving placards and banners. The whole empire was tense. Nothing, however, could equal the suspense and vibrant tension in the house of commons. For the first time. Baldwin in his remarks mentioned Mrs. Simpson by name. There was an almost imperceptible ripple through ♦he crowded chamber when he did so. The proceedings started with a shock when Col. Josiah Wedgwood. labor champion of the king, said: “May I ask whether the prime minister can give assurance that the fata.l. final step of abdication, or acceptance of abdication — He got no further. Loud cries of “order! order!” silenced him. Baldwin then began Ills remarks. He concluded with a reference to "what the whole house feels —our deep and respectful sympathy with his majesty at this time.” In supplementary questioning after the statement, Baldwin confirmed that the king’s decision has not yet been made. He said: “I do not yet. and cannot know, what the king may decide or how he may decide to act. It is impossible for me to enter into hy(CONTiNt’En on -rwm o Dale Brandt Is Injured Saturday Dale Brandt, 20, of near Berne was injured Saturday, shortly before midnight, when a car, belonging to Hiram Whitwer, which Brandt was driving struck the cement base<>f the signal light at the Mercer avenue rail road crossing. Brandt came from the north. He was rushed to the hospital by the city night police. Several stitches were required to close 'aceratione about the eyes and mouth. He was held in the hospital until Sunday noon for observation. Severe bruises and contusions about the chest were first feared to indicate internal injuries.