Decatur Daily Democrat, Volume 36, Number 293, Decatur, Adams County, 13 December 1938 — Page 1

XXXVI. No. 29.1

diana Supreme Court Forbids A Recount Os Votes

■ r Permanent, ■ Ikirrinu Recount ■ Vote* Cast In Fall ction. ■give OPINION ■ ; . .-..(liS <U.RJ - i j>r*in*‘ ' "lilt today H.bad'' recount |^K U ,,.. lb.. .November elecIB „ r:li E 'he possibility of dozen , .i-.ilui'-s who won by |K,,4 .aiitrniu from 1 .<•»•' to rites. |K V ~( ilie five supreme HF- .- . < >ll sidered the opll, tw" members the ». . . e.illll.llos for re el.'. . |,y t'lia I Justice George I. . red in furiis Roll ami James Judge Roll also wrote concurring opinion -of the vote in seven Lake. Marion. Vigo, Vanderburgh, Clm k KE Willis, defeated Re landidate for senator. Hl aii.d.dates on the state charged that in these K.. and mist aR. - ceimt to justify a r... heck votes. court ruled on the cases K. o o, kot candidates but B Senator Frederick although Wiliis may the tight to the U. S. senate Mh- basis of information re uncovered by private investigators. ■ < .r." last month issued writs on the petitions i- candidates v that the 1921 statute on the Republican suit waeased was unconsti't; and that an 1881 act forbid Be.'.:' Oidy in certain comities, rvlmu today made the tentwrits permanent. ■- "i today, however, did Bsrt'li riie constitutionality of Bvtat's election acts and this ■ appeals certain to Come bo. ■ !,le January session of the for action. B" court said that the only before the court was Bier circuit courts in the Bn counties in which the rewas sought had the right Biak, recounts in contests in Bh the vote was taken* on a basis. Be court said that there is no Bision for a recount in comB law and that there is no Bt. but that “a recount proBitts is ministerial and not Bial in character. The proBig is a special statutory ■publican candidates had eonBed that the words "any candi- ■ in the 18S1 statute meant B the circuit courts had the B to recount ballots in seme B1 and state elections. But •»TINUED on PAGE FIVE) ■' — 0 —. —_____ Bast-Minute Change ■ n Plans May Have , ■ Saved Life Os Girl ■ impromptu party arrmigem.m' B*“h’ is the only reason why B Mary Miller, well known De- ■ r girl and locttl confectionery fhye. was not hurt or killed in hnto-train crash which last * claimed one lite and seriously three others. iss Miller was to have accoml(td Dale Bedwell, driver of the last night with the local group e way to visit the Jerry Rumamily at the Momesteads. A minute decision to attend a y of a group of Decatur girls her from going, however. 'Cidentally since Miss Miller was . ave accompanied Young Bed- ■ she would probably have been in the right front seat, which ea d was occupied by Agnes r . who was 'killed in the crash, athorlties and newspaper men e busy last night denying ru--8 that Miss Miller had either ® hilled or hurt in the accident. 61 sons knowing of her plans ccompany Bedwell on the fatal aarf ully checked reports that is Miller had been in the auto _ e time of the crash, rather than ng been left out- of the car at 041 home to attend the party.

DECATUR DAILY DEMOCRAT

Speaks Tonight

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Dr. J. F. Leist, graduate of the | state university of Ohio, will | speak at an educational service at the Church or the Nazarene tonight at 7:30. Dr. Leist has been active in promoting Christian education for many years.

RESOLUTIONS TO BE CONSIDERED — Pan - American Conference To Consider Three Resolutions — Lima. Peru. Dec. 13 — (UP) — ■ The eighth .Pan-American conterI ence decided today to take up resI olutions protesting racial persecu- ' tion, and denouncing foreign poliI tical activities intended to influeence the national life of any of the 21 American Republics. With private negotiations progressing toward a broad declaration m line with the United States project for united opposition to any non American military or political invasion of this hemisphere, the conference steerlug committee met and decided to put three resolutions before the delegates. They were: 1— A Cuban resolution protesting racial or religious persecution. 2— a Brazilian resolution regarding activities ot minorities in the Americas. 3 — An Uruguyanan project regarding foreign political activities in the Western world. The Uruguayan proposal appeared likely to be one ot the most interesting before the conference. It would provide for a declaration establishing that: “It is incompatible with the existence of the sovereignty ot each country to permit any foreign doctrine. legal mandate or act ot a foreign country or government that tends to intervene in the national life or to influence the Status of persons living within another state.” JOE LMBENT SOCIETY HEM Joe Laurent Named President Os Holy Name Society Joe Laurent, postal employee was elected pesldent of the Holy Name society at a meeting held Monday Gening in the K. of C. Hall. He succeeds G. Remy Bierly, who served Lthis capacity for the last year I other new officers are: Ralph JLose Jr., secretary-treasurer. The memorial address for ed members was given b > R ' Father J. J- Seimetz. pastor of 1 Marv’s Catholic church. i S ‘ T S ’ installation of new officers ' WI J be held Monday evening, JanUa 7onowing the business meeting a social hour was enjoyed by the members. on-letv atSunday morning .’ . g t ! receiving Holy Communion.

ONLY DAILY NEWSPAPER IN ADAMS COUNTY

MOVIE STAR IS UNDER ARREST FOR SMUGGLING Others May Face Charges Following George Burns’ Arrest New York. Dec. 13- (U.R> The United States attorney’s office disclosed today that a federal grand jury still was taking evidence ol purported smuggling by movie stars, and that others in addition to comedian George Bums might be indicted. Katharine Hepburn, Jack Benny. Jack Pearl and Wallace Ford; Ralph Hitz, hotel operator, ami Joseph Moskowitz, 20th Century Fox films executive, have appearid before (he grand jury. Presumably they were questioned about their knowledge of Albert H. Chaperatl, principal defendant in the ease, who allegedly smuggled in jewelry and finery from Paris and disposed of them at bargain prices to a select clientele. Burns, admittedly, was one of these. He pleaded guilty yesterday to vine counts contained in two indictments. He had been charged with .buying from Chaperau two diamond-studded bracelets and a ring worth $4,885. He bought them for Grade Allen, his wife and partner in the celebrated teams of Burns and Allen. Crestfallen, his mouth set grimly and his eyes shielded by dark glasses. Burns boarded an American Air Lines plane for California yesterday evening He was listed on te manifest as "George Williams.” As he had done all day. ince he appeared unexpectedly before Judge William Bondy in answer io the sealed indictments, be posed for photographers but would not say a word. He had been released in custody of his attorney, Col. William J. Donovan. Two other lawyers, who were with him in court, said he would continue his regular ■adio programs at least until next week, when he returns, reportedly ,s a gov - ruiwM witness, al the .rial of Cliaperau and Mrs. Edgar J. Lauer, wife of a New York su-n-erne court justice who also is (CONTINUED ON PAGE FIVE) PUPILS FORM CAMERA CLUB High School Students Form Camera Club This Morning A camera club was organized this morning at the Decatur high school among those students interested in photography. One of the principal reasons for the founding of the club is to supply better p'etures fol the annual published each year by the school. James Christen was named president; Kenneth Gaunt, vicepresident; Florence McConnell, secretary, and Peggy Gaunt, treasurer. Sigurd Anderson, faculty advisor for the Raveiings, assisted during the organization of the club. Preceding the meeting, Rev. Homer Judson Aspy, pastor of the First Baptist church, made a short talk on the organization of camera clubs over the United States and showed some pictures made by himself and similar to those used in camera club exhibitions. Rev. Aspy invited the high school to become affiliated with a senior camera club to be organized at a meeting at the Decatur high school at 7:45 o'clock this evenirg. The invitation was accepted, providing certain reservations wete accepted by the senior organization. r Good Fellows Club ♦- — —— * Previous total $106.98 Tri Kappa 15 00 American Legion 10.00 Good Fellows 104 Total $133.02 ■b

Decatur, Indiana, Tuesday, December 13, 1938

Decatur’s First Fatality

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Above is pictured the wreckage of the auto which Monday night struck a Nickel Plate freight train at the High street crossing in this city, bringing almost instant death to Miss Agnes Beer. 18. of Decatur, and serious injuries to three other occupants of the auto. It was Decatur's first traffic fatality since October of 1937.

NAZIS REFUTE NEWS ARTICLE Paper’s Denouncement Os Jews Shops Is Contradicted Berlin, Dec. 13 —(UP) — A denouncement of Jewish shops by the newspaper Angriff. organ of the Nazi labor front, brought an official contradiction from the government today as Dr. Hja’.mar t>chacht, Germany's leading financial authority, prepared to go to London to negotiate on Jewish emigration. The Angriff yesterday denounced as a "Jewish trick" the reopening of Jewish shops, which according to newspaper, was affected by the pretext that they were in process of "Aryanization.” The newspaper urged people not to patronize these shops, asserting that the profits went to the Jewish owners. Today's newspapers puuiished an official announcement contradicting the Angriff article. This announcement said that shops in whose windows were posted signs announcing that they were in process of “aryanization" actually were undergoing change of ownership and that proceeds of sales went to an "Aryan” trustee pending completion of sale. The announcement further states that Jewish shops which remained opened either were owned by foreign Jews or had received specific permission from the economics ministry to reopen. The official repudiation of the article was read with interest particularly in view of the announcement that Schacht would go to London. According to the announcement, the visit is a private one. But in well informed quarters it was said that he would discuss facilities for transferring the remnants of Jewish fortunes abroad. Schact has already opened nego(CONTINUED ON PAGE THREE) . 0 Service Station Sale Is Announced Today The sale of the Gulf Service station at the corner of Fourth and Monroe streets was announced today by R. N. Runyan and Son garage. Vaughn Hilyard, who has been employed by Runyon and Son for a number of years, purchased the station and took possession today. Mr. Hilyard announced that the same policy will be in effect. oDecatur Red Men Attend Meeting

Mat Breiner, keeper of records and seals of the Improved order ot Red Men, John Scheimann and A. N. Hilton, also representing the fraternal order, are in Indianapolis today attending a meeting. George Levi, Great Incohonee of Los Angeles, is in the state attending a conference with local and state officers.

Last Night’s Fatality First In City Since October, 1937

Decatur's record of 416 consecutive days without a fatal traffic accident was broken last night when Miss Agnes Beer died in the auto-train crash on High street. The last traffic death occurred in the el'y October 23, 1937, when Richard and William Durbin died when their car was, incidentally, also struck by a train —this time at the Adams street crossing of the Pennsylvania. During the remaining 67 days of 1937 and for a period of 347 days of this year no fatalities were marked up against the city. The city, however, still has an opportunity to hang up a record unequalled In the past several.

New Forms Needed In Filing Affidavits Adams County Auditor John W. Tyndall today received a notice from C. A. Ketchum, secretary of ; the state board of tax commissioners. that a new form adopted in 1937 : by the 37th annual conference of the state board of tax commissioni *rs and county assessors, .will be mandatory when filing "affidavits of mortgage indebtedness” or "mortgage exemptions” with the county auditor for the exemption of taxation on real estate. A supply of these forms was printed by the Decatur Daily Democrat job department after the resolution was first adopted and may be obtained at the rate of two for five cents. WATER FAMINE FEAR AVERTED St. Louis Pumping Plants Resume Work Despite Strike St. Louis, Dec. 13.—(U.R)~Threat of a water famine was averted here today when three large pumping plants of the city system resumed operations after having been closed for several hours. The city’s four plants were idle during the night as the result of a strike involving 42 engineers and approximately 60 apprentice engineers of the International Union of Operating Engineers, an American Federation of Labor affiliate which has been engaged in a factional dispute with the standard firemen, oilers and coal passers union. Harry F. Kline, business manager of the union, ordered the meu off the job and later called for a one-hour “stop work" demonstration by union men at city hospitals. This order was rescinded, however, and men at the hospitals did not cease work. The remaining 'plant will I resume operations by noon, according to water commissioner John B. Dean, who supervised reopening of the Bissel Point station, largest in the city, and the Chain of Rocks station. Mayor Bernard F. Dickmann joined Commissioner Dean in assuring St. Louisans that there would be (CONTINUED ON PAGE THREE) 0 TEMPERATURE READINGS DEMOCRAT THERMOMETER 8:00a.m 22 2:00 p.m 35 10:00 a.m 27 3:00 p.m 34 i Noon 32 WEATHER Fair tonight; Wednesday considerable cloudiness, colder in central and north portions.

years by keeping accidents to a minimum. Last year five persons lost their lives on the city streets in traffic crashes. Floyd Rison and Dan O’Shaughnessey died when their car struck the cement flasher signal base at Mercer avenue. Eli Girod died when struck by an auto on north Second street and the two Durbin lads died on Adams street. A report from the state accident prevention bureau disclosed only yesterdav that the city was among the few cities in the state of 5,000 to 10.000 population, which had yet to record a fatal crash, whereas in 1937 it was 27th. Last night's toll will force the city I further down the list again.

Decatur Girl Is Killed Monday Night When Auto Crashes Into Nickel Plate Freight Engine

APPOINTEES OF DECATUR MAYOR ARE ANNOUNCED Changes Made In Four Posts; Utility Heads Unehanged Announcing that the utility heads of the city plant will be "carried over” and that there will not be any change in the personnel of the plant forces and departments, Mayor cleet Forrest Elzey, Republican, local barber, who will assume office as mayor of Decatur. January 1, 1939 made known today his appointments of city attorney, chief of police, street commissioner and city engineer. The above posts are the only ones which will be ehanged at present, Mr. Elzey stated. Martin J. Mylott, an employe of the electric plant for 41 years and superintendent of the department for 30 years, will continue at that post. Charles Brodibeck, who holds the office of manager of the water department under the Holtliouse administration will remain there. Ralph Roop, who held tne combined office of city engineer and and civil works commissioner, an office established by Mayor A. R. Holthouse, and Herman Knapke, assistant bookkeeper of the utilities are the only two employes at the city hall to be replaced. Mr. Elzey announced. Vincent Kelley, Republican, young Geneva attorney, who recently opened an office with Attorney D. Burdette Custer, will be the new city attorney, succeeding Jobn L. By virtue of the office, Mr. Kelley will be a member of the board of public works and safety. The third member of the board, which includes the mayor, will be a city councilman to be named by Mr. Elzey. James Borders. Republican, night clerk at the August Heiman restaurant, will be the new chief of police. The law gives the mayor authority to name a police chief. He will succeed Chief Sephus Melchi. Mr. Elzey stated that there would not be any changes in the police force next year so it is expeoted that Mr. Melchi will remain on the force as a policeman. The other members are Adrian Coffee ana Roy Chilcote, who were appointed by Mayor Holthouse. Officer Ed Miller w.ll resign to take his office as sheriff of Adams county. There is some talk about enlarging the force, but Mr. Elzey did not comment on the proposals heard. Samuel Butler, Republican, receives the appointment of street commissioner. The combined office of civil works commissioner and city engineer will Ibe abolished Dick Tonnelier will be city engineer. Under the 1939 budget street commissioner will receive a salary of SIBOO from the civil city, while the engineer will be paid S6OO from (CONTINUED ON PAGE SIX) O' BRIDE AT HOME WITH HUSBAND Illinois Child Bride Returns After Brief Separation Tallula, 111., Dec. 13.—idJ.Rb-Vel-ma Robinson Greene, 14, was keep ing house today with her husband. Jonas Scott Greene. 63, from whom the law separated her only three weeks ago. Greene, an Illinois and Kentucky landowner, and his bride are living it) a one-room apartment with the bride's sister, Nellie, 15, assisting with the house work. Friends and neighbors said the couple moved into the house last Friday with the assistance of the bride’s father, Edgar Robinson, a tenant farmer. The couple was married in Kentucky In September. Greene returned to Tallula only a week ago from Los Angeles where he had served one day in jail on charges of creating a disturbance and (CONTINUED ON PAGE FOU *)

EUROPE HEADS TOWARD GRAVE COMPLICATIONS — Hitler - Mussolini Activities Redouble Europe’s Fears By Joe Alex Morris (Copyright 1938 by United Press) Europe is beginning to run up a war fever again, fearing a double-barreled crisis early next year. The alarm signals already are out. Th< Nazi-Fascist partnership is suddenly expanding at both ends, and there are indications that Premier Benito Mussolini of Italy and Fuehrer Adolf Hitler of Germany are maneuvering into position for a squeeze play to enlarge the victory Hitler won at Munich. In many ways, the advance build up lor Europe's 1939 explosion indicates that it may make the Czechoslovakian explosion look like a pop-gun blast. From tne Rome end of the axis, the pressure is directed at British and French dominance of the Mediterianean. From the Berlin end, the thrust is eastward into the great Ukrainian territory and Soviet Russia. Intentionally or by chance, the double thrust is developing in a manner to indicate that the democratic powers may have their hands full in the west while the nations which would have been their allies if there had been war during the Czechoslovakian crisis, are being squeezed in the east. The two fields now are fairly definite. One gives grave forebodings to Great Britain and France: the other is giving Poland. Roumania and Russia the jitters In eastern Europe. The implications in both are tremendous. In the Mediterranean. Mussolini's bid for a 20th century Ro(CONTINUED ON PAGE THREE) STATES CONFER ON LIQUOR LAW Five States Seek Agreement On Interstate Regulation Chicago, Dec. 13 —(U.R) -Representatives of five state governments met around a council table 'oday seeking agreement on interstate liquo regulation. The meeting was called by the council of state governments at the request of the commission on interstate cooperation in Indiana, whose port of entry beer importing system has been a center of controversy. Indiana. Illinois. Michigan, Ohio and Kentucky were to be represented by legislative, tax department and liquor commission officials. The Indiana beer import system reportedly is undei attack because licenses allegedly are awarded as "polltica l plums” and because threatened reprisals by other states would injure Indiana’s beer export trade. Ohio and Michigan took steps to block beer imports from Indi-1 ana until the licensed importers I agreed to waive their profits on beer from those states until next March 30. Illinois and Missouri are said Io have threatened similar retaliatory action. The four states consume approximately one-third of Indiana's total beer production. — o— Buys Health Bond The Junior Arts Department lias

voted purchase of a $5 health bond, W. Guy Brown, chairman of the Christmas Seal drive, announced today. Proceeds from the health bond fund are used to aid in the fight against tuberculosis and to provide milk for unde r nourished children.

CHRISTMAS SEALS Htlp to Protect Your Home from Tuberculosis

Price Two Cents.

Agnes Beer Fatally Hurt At High Street Crossing Os Railroad; Three Others Are Injured. AUTO DEMOLISHED Late this afternoon attending physicians and hospital attaches were still fighting to save the life of Mrs. Juanita Deßolt and keep the toll in last night’s crash to one death. She had failed to regain consciousness, although more than 18 hours had elapsed since the fatal crash. Her condition remained critical. A young Decatur girl lost her life and three other persons were hurt, one critically, Monday night about 8:40 o'clock when the car In which they were riding hurtled against the massive side of a Nickel Plate freight engine and was ground underneath its churning wheels at the High street crossing. The dead: AGNES BEER. 18, daughter of Mr. and Mrs. Wilbert Beer, corner Madison and Eleventh street, Decatur. Miss Beer died of a fractured skull, and broken neck, coroner Robert Zwick stated. The Injured: MRS. JUANITA DEBOLT. 17, wife of Lloyd Deßolt, who sustained a brain concussion, probabla skull fracture, fractured right leg, fractured right arm, severe laceration on forehead and a laceration on top of the head. Her condition late today was critical, the attending physician stated. LLOYD DEBOLT, 24, her husband, an emoloye of the Central Soya company, who sustained a probable concussion, a possible skull fracture and * fractured right leg. His condition, although still serious, was described as somewhat improved today. DALE BEDWELL, 24. of the Homesteads, the driver of the car, who sustained severe chest injuries, body bruises and cuts and is suffering from shock. Ram Into Engine According to authorities and reorts of the train crew, the southbound auto rammed into the main counter-balance of the engine drive shaft and was churned underneath the iron wheels just after the train had pulled onto the crossing. The engine was eastbound. The engine was pulled to a stop within a few feet of the crossing and the train crew dismounted to aid in extricating the injured. Officers Roy Chilcote and Adrian Coffee arrived on the scene shortly after the arrival of Robert Freeby in the Zwick & Son ambulance. These men and passersby volunteered to aid In extricating the injured and taking them to the local hospital. The Zwick & Son ambulance made three trips and a local panel truck was pressed Into service to move young Deßolt. Dies Enroute Miss Beer, who was the first to be taken to the hospital is thought to have died enroute. She was apparently living when pulled from the wreckage, but was dead upon arrival at the local institution. Her parents were immediately notified by hospital attaches. The auto, owned by Dale Bedwell, was totally demolished. It had to be pulled back and the freight engine had to reverse directions before tße wreckage of the car could be extricated. Members of the train crew told investigating authorities that the engine had been at a complete stop on the north side of the cross(CONTINUED on PAGE FIVE) Jerry Gage Named Station Attendant Jerry Gage is the new manager of the Riverview service station on North Second street on U. S. road 27, near the St. Mary’s river bridge. Don Death is assisting him in the management of the service station. The station sells Phillips 66 gasoline. No Newsboys Under Fourteen Years Old Indianapolis. Dec. 13 — (U.R) — | Attorney general Omer Stokes I Jackson ruled today that publish- ' ers of newspapers are forbidden 1 to amploy children under 14 years I of age to work or sell papers.