Indianapolis Times, Volume 32, Number 205, Indianapolis, Marion County, 5 January 1920 — Page 1

Q CENTS bmi PER COPY

VOL.XXXH. NO. 205.

SUPREME COURT PROHIBITS SALE OF 2.75 BEER

mismanagement in State Fair Grounds Building Charged

rUND MISUSE 'OF THOUSANDS POINTED OUT Accounts Board Report Says $7,242.82 Was Squandered on Art Building. CHARGE GROSS NEGLECT Unauthorized expenditures of thousands of dollars and payment for humerous “extras” in the construction of buildings at the state fair grounds are charged in two reports on the affairs of the state board of agriculture turned over to the auditor of state today by the state board of accounts. The report recites a history of mismanagement hardly equaled in the affairs of any state department on which reports have been made in recent years. According to the report, which is in two parts—one made by examiners of the board of accounts, and the other by John J. Twiname, an architect appointed for the purpose—expenditures were made on L numerous occasions by members of the committee of the board, individually, and by Charles L. Kennedy, ■secretary of the board. Khte MISUSE OF ox art building. the construction of the woman's or “fine arts" building, a total of $10,638.19 was paid for unauthorized “extras.” It is estimated that if these extras had been authorized they should have amounted only to $3,390.37, a difference of $7,242.82. A. W. Stoolman of Champaign, 111., was the contractor for the building. The contract price was $114,232, according to the report, but a total of $116,977.66 was paid. Specifications were not followed In many particulars, according to the report. “The surface of the concrete floors is not level, has not been troweled, and is very rough,” the report says. “It should have three coats of “hardener” applied to remedy this defect, which will cost about $1,480.90. “The foundation sills and ornamental I concrete work, which wag changed from cut stone to cement, has been constructed In a very rough, unworkmanlike manner.

“The flue for the kitchen range Is so /astructed that It does not have the ,roper draft. {on'tractor has filed numerous HI - covering extra work which he Buns was put on the building, not leclfied or shown in the plans and ipeciflcatlons. , LAIMS ON “EXTRASELD ILLEGAL, “The specifications provided that no ‘extras' were to be allowed unless the ‘extra’ and cost thereof were to be agreed upon In writing by the proper authorities. This section of the specifications was not followed and therefore none of the claims for extras should be allowed or paid for.” At this point in the order a long list of the “extras” is set out. They total $10,638.19, of which $7,242.82 would have been an overcharge had the extras been authorized at all, according to the report. An interior grade of roofing was used In the construction of the Manufacturers’ building, according to the report. The report asserts that the roofing was bought from a concern of which the architects of the building, Jacob E. Ivopf and Kenneth K. Wooling, are directors. “The contractor has completed this building according to the plans and specifications prepared by Kopf & Wooling architects, and has compiled with the same in practically all particulars with the exception of roofing tile,” the report says. “The specifications provide that ‘all tile shall be either terracotta or cement equal to the terracotta tile manufactured by the Lndowlc Caladon Company, Chicago, and known as their ‘lmperial English’ tile, terracotta red: or a cement tile approximately 9 inches by 15 inches, with a 12-inch exposure" to the weather and of interlocking design, weighing about five pounds and coloied a standard red permanent mineral color. CHARGE INFERIOR TILE WAS I SEI). “According to the above clause, the tile should be the equal of that manufactured by the Ludowlc Ctilndon Company, but the roof was covered with a much cheaper product manufactured by the Indiana Contretile Roofing Company. "The delivered price of the imperial English tile, as specified, Is $lB per square and the price of the tile root manufactured by the Indiana Coneretetile Company Is sl2 per square, a difference of $0 per square or a total of about IU7 squares, or $1,002. “According to Article 6 of the articles of Incorporation the Indiana Coneretetile Company, Jacob E. Kopf and Kenneth K. Wooling are the directors for the year 1919. “These men were also the architects of building and wrote the specifications superintended the construction of (Continued on Page Eleven.)

The Inquisitive Reporter Every Day tie Asks Five Persons, Picked at Random, a Question. TODAY’S QUESTION. What do you think bf the announcement by the government that war on the profiteers shall take precedence over all other business In the department of justice? WHERE ASKED. In' the lobb.es of the Severin and Edward hotelu. THE ANSWERS. 1. J. C. Connaughton, Salesman, Davenport, la.—Sounds good if they mean it. 2. F. N. Cunningham, Salesman. Mil—That ought to be the rule all the these days. H. H. Simmons, Farmer, Henry 4 think that's right. W 4. George D. Moore, Railroader, La : | fayette—l hope they carry that out. ft 6. Mrs N. J. Monroe, i■jhgo—l iwp® its tbua, -

Published at Indianapolis, Ind„ Daily Except Sunday.

100 Fall in Riot Against Throne in Bulgar City Anti-Dynastic Demonstrations Put Down by Police With Heavy Casualties. LONDON, Jan. s.—One hundred casualties are reported in a series of violent anti-dynastic demonstrations at Sofia, Bulgaria, according to an Exchange Telegraph dispatch from Basle today. Forty thousand persons joined In the demonstrations and the palace of exKing Ferdinand was attacked. The police had a difficult time restoring order.

FIVE REDS SLIP NET IN INDIANA Premature Chicago Raid Is Blamed for Escape by U. S. Special Agent. Forty-five of the fifty alleged “reds” for whom department of Justice agents are seeking in Indiana as a part of the nation-wide drive to round up dangerous radicals were reported arrested today. The others escaped the federal net because of premature raids under the dlrctlon of State’s Attorney Mac Clay Ho.vne in Chicago last Friday, Charles P. Tighe, special agent of the department of justice, who is directing the raids here, said. Some of them may be captured yet, it is expected. Os the forty-fire, two were taken in' Indianapolis, but released when it was learned that they were naturalized citl-1 zens. Their names were not made public. Ten of the radicals were captured in j Vincennes in raids on homes conducted . by department of justice agents and po- ; lice Sunday. A large amount of lltera- j ture of the communist and communist labor parties, which are considered by ; the government to be anarchistic organ!- j zations, was found. MUCH OF PROPAGANDA LITERATURE IN GERMAN. Much of the literature was printed in German. Membership cards of the “red” I organization were found at each of the homes raided and at one place the charter for the Vincennes lodge of the antigovernment order, which had been Issued at Chicago, was discovered. The majority of those seized at Vincennes have served as privates in the German army. The government 'tsar tied' this from an examination of the alien enemy registration records taken in 1918. The only American born man seized In Vincennes is said to be Joseph Burkhardt, 33, secretary of the Vincennes chapter of the radical party. Gustave Pletch, 36, president of the party, was another who was seized. Others taken were as follows: Mike Derra, 42; Frank W. Wenlnter, 37; Aloys Krewette, 36; Albert Dzobel, 41; Robert Kressler, 31; William Car! Troder. 30. HEARINGS ON QUESTION OB’ DEPORTATION SET. All of the men arrested who are of foreign birth and unnaturaliz.ed, will be brought before W. C. DeMiller, immigration Inspector for Indiana, tomorrow, for hearings preliminary to deportation. Bond for each was fixed at SIO,OOO when the warrants were sent from Washington. This may be modified by the in- i spec tor if he so decides. Besides the ten taken at Vincennes and , two here the number of arrests in various Hoosier cities are as follows: Ft. .Wayne, four; Gary, six; Hammond, eleven; Terre Haute, five; Clinton, five;] Pimento, three, and Anderson, one. The one taken at Anderson was Joseph j Zimmerman, who Is now held .In the j Marion county jail. Search of Zimmer- j man’s general store In Anderson by An- | derson police revealed a large amount of ! incriminating documentary evidence, it was reported. Zimmerman also is said to have made many incendiary speeches against the government.

RAFFLES FLEES WOMAN’S SHOT Leaves SSOO Loot in Grip After Second Haul in Meridian Street Apartment. A bullet fired by a woman gave a beau brummel burglar added impetus in his flight from the home of Charles F. Heckler, the Waldo, 2440 North Meridian street. When Mrs. Hecaler returned home last night with members of her family she saw a man, stylishly dressed and wearing a fur-eo-llared overcoat, dashing for the front door. Grabbing a revolver she threw open a window and fired. Mrs. Heckler reported that the burglar fled with SSS, a mesh bag valued at $25, two strings of beads, one of pearls and She other of amathysts, and a vanity case. A grip containing about SSOO in clothing and jewelry, which had been packed by the intruder, was abandoned. Sergts. Thomas and Russell and a squad investigated. A skeleton key was used to gain entrance. Spencer Dice, 1051 West Thirty-fourth street, told the police thieves had ransacked bis home. A ruby ring and live yards of satin were reported missing. Mrs. Helen St. Clair, 149 West Twentieth street, who had been spending the holidays in Omaha, returned to her flat last night and found it bad been entered by a burglar. A black velvet hat valued at sls, a half-pint of whisky and 70 cents were missing. Burglars entered the grocery of Ira Glthens, 1002 North Sheffield avenue. Githens told the police that $5.50 was missing.

President to Issue Big* Party Message WASHINGTON, Jan. s.—President Wilson will send an important message to the democratic dinner on Jackson day, Jan. S, it was officially announced at the whitehouse today. No further information was forthcoming concerning the message, but Immediately rumors arose that the president was to set forth ills position mto third teem*

3tototoiA fltouj Stores

Entered as Second Class Matter, July 25, 1914, at Postoltlce, Indianapolis, Ind., under act March 3, 187#.

KAISER HIRES BEST LAWYER IN GERMANY Johannes Kriege of WorldWide Repute Takes Case if Extradition Wins. HOPE TO FOIL ALLIES By FRANK MASON, Copyright, 1920, by International News Service. BERLIN, Jan. 5. —Germany’s greatest international lawyer. Johannes W. kriege, doctor of jurisprudence, has been selected to'lead the cotinsel for the defense of William Hohenzollern, the former kaiser, if extradited Pom Holland and placed on trial before an international tribunal. Dr. Kriege was said today by royalists to be in close touch with the former emperor at Amorengen. The monarchists seek to give the impression that the former kaiser is not thinking of the possibility of being tried and has taken the attitude that “he will not cross the bridge until he comes to it.” Nevertheless, it was learned from an authentic source that Dr. Kriege is already advising the former emperor as to his defense in the event that Holland will give him up. The lawyer bears the title of “actual private counsellor’’ lo the former kaiser. For years he was the close personal friend of William and often gave him advice before the collapse of Germany. WAS CIIIEB’ OF FOREIGN OFFICE OF KAISER. Under the old regime Dr. Kriege was chief of the legal section of the Berlin foreign office. He drew up the German legal documents at the outbreak of the war and also wrote the Brest-Litovsk treaty which Germany and the Russian bolshevik government signed after the soviet came into power with the fail of Kerensky. Just how far the plans for the defense have proceeded is being kept secret and Dr. Kriege refuses to discuss them. It is believed that, if the extradition succeeds, Dr. Kriege will be assisted by an imposing array of counsel. it is probable that lawyers from some other countries that were neutral during the war will be called in not only for their legal knowledge but for the moral support that their presence would lend- It has been suggested that prominent "legal lights of the Dutch and Swiss bars might be asked to assist. EBERT DEMANDS CHANGE IN ALLIED DEMANDS. President Ebert has sent a letter to Premier Cleinenceau asking for a revision of the peace treaty terms regarding the extradition of William and threatening to retire from the presidency of Germany if the allies persist “ruthlessly” in carrying out their demands, according to Information from a cofldential but well-informed source. This letter is said to have been dispatched on Friday. Germany already has received a list of names of persons whom the allies seek to extradite for trial. The last, which came through neutral diplomatic sources, contains the names of 1,500 persons, Including 300 private soldiers. Socialist leaders, for political reasons, have willingly discussed the delivery of officers of the old regime for trial, but the discovery that some of the 300 were socialists themselves proved a bombshell. President Ebert is said to have informed Premier Clemeneeau that the German government could not attempt to carry out the delivery all the persons wanted.

POSITIVELY NO, DECLARES HOPVER Too Busy With Relief and Industrial Confab for Presidential Race. PORTLAND, Ore., Jan. s—Herbert Hoover, former United States food administator, and many times mentioned as a potential presidential candidate, has definitely signified his refusal to be a candidate for that place, according to a telegram reaching this city from him. The telegram sent to Elkin Watkins, president of the Jackson club here, reads: “Aly engagements and connection with the industrial conference and with relief in Europe make it impossible for me to go to the northwest at present. Beyond this, please accept the sincerity of my statement that I am not a candidate for the presidency, and a campaign to that end from any party would be entirely wrongly directed.” Hoover had been Invited to address the annual banquet of the Jackson club in this city Jan. 8. This Is the first specific announcement made by Hoover concerning his much talked-of candidacy.

HOLDUPS ROB MANOiF SPEECH Fluid Poured Down Throat by Highway Pair, He Tells Police With Pencil Hobart Hawkins, 217 South Pine street, can’t talk today, and the police are investigating his strange case. “I was on my way to 306 North New Jersey street at 2:30 o’clock Sunday afternoon when two negroes stopped me,” j lie wrote on a piece of paper to Police Sergeant Houston. “They held my head. I started to yell for help and they poured something down my throat. It made me numb and speechless.” He added he was taken to a lonely place southwest of the stockyards, near White river, and left there by the negroes. He reached home at 7:40 p. m., and a doctor was called. Hawkins gave no motive for the attack. 143,000 Teachers Quit in Year, Lane Asserts • WSHINGTON, Jan. s.—More than 143,'000 school teachers resigned last year to accept more lucrative work, Secretary of 0* JLatejrio# Loaa decjgue* today.

INDIANAPOLIS, MONDAY, JANUARY 5, 1920.

10/ /Recent 7s/ews\ | 6y DAWD GOMXW | PicturafcV f* WPAF^KS' English, French and Belgian jurists, For a pair of German tourists Who In Holland have been taking matters lax. Now have all the legal dope full. And the kaiser and his hopeful Soon will get it where the chicken got the ax. Whisky dealers are resorting To the pinch of booze exporting; It's an article this country will not keep. If it's spilt into the ocean, Many men will take a notion To be rocked within the cradle of the deep. rfi irinn Now's the time when all the bowlers, From the champs to gullej rollers, With their partners to the alleys gaily dance; But this strenuous game this season. Shall not lure us, for the reason That we fear to bust our oniy pair of pants. After a prolonged vacation, Charlie Chaplin treats the nation With a comedy that banishes your sighs; We don’t know why Charlie's screentimes Are so few and far-between-times— But perhaps he is conserving custard pies. Feminists: Forget your grudges; Women now can sit as Judges Down in England, after much ludiclal strife; When a cockney gets a Jag on, He’ll be hoisted in the wagon, And a woman judge will send him up for life. US

TR AFFIC FIGHT BACKINCOURT Independent Taxicab Men File New Appeal to Restrain City. Independent taxicab operators have again appealed to the courts in another effort to have the new traffic ordinance declared illegal and to prevent its enforcement by a restraining order. Judge T. J. Moll of superior court, room No. 5, was today considering a petition of several taxi owners asking that Mayor Charles Jewett, Chief of Police Kinney and members of the board of safety be restrained from enforcing the new traffic ordinance. The petitioners are Fred Becker, R. R. and Ray A. Shelley, 1961 Bellefoutaine street, who operate independent: laxilines, and allege that the present ordinance discriminates between taxicab drivers and the drivers of other classes of automobiles. ACTION FOLLOWS ARREST OF FIVE. The petition was filed following the arrest of Fred Becker, James Shanoleff, 550 West Washington street; John Gross, 401 Randolph street, and Roy Underwood, 2538 Union street, on charges of violating the traffic ordinance. Some weeks ago Attorneys John J. Rochford and Paul T. Rochford filed a petition before Judge Linn Hay asking for a restraining order, but an agreement was reached between the city and attorneys for the taxi men which indicated that the objectionable features of the ordinance would be eliminated by the city council. ARRESTS CAUSE RECALL OF TRUCE. With the arrest of a number of taxi drivers the truce has been called off and the city and the drivers are again in court. Judge Moll has not Indicated if the court will grant a restraining order. When Judge Hay considered the case the court then appeared of the opinion that taxi drivers had no more rights on the streets than any other vehicle. W. R. CRACKEL PASSES AWAY. VINCENNES, Ind., Jau. 5.—W. B. Crackel, wealthy farmer and financier of Knox county, is dead in Battle Creek, Mich., of cancer of the stomach. He leaves a daughter, Mrs. Samuel Gould of

INDIANAPOLIS NEWS CONTROL CHANGE NEAR Warren Fairbanks Expected to Take Place Held by Delavan Smith. POLITICIANS SEEK HOLD Negotiations which have been under way for the shifting of the control of the Indianapolis News from the hands of Delavan Smith, surviving partner of Charles Warren Fairbanks, are expected to be concluded in the near future, it became known today. Warren Fairbanks, son of the late vice president, executor of the Fairbanks will and one of the beneficiaries under its terms, is expected to become the nominal, if not the real, owner of the property within the next few weeks. Fairbanks is now living in Chicago, where he is Interested in the Oliver Typewriter Company and several other Interests with which Delavan Smith Is also said to be connected. Following the sensational disclosure of the real ownership of the News which preceded the indictment of Smith by the federal grand Jury In connection with the false statement of ownership filed by Hilton U. Brown, It was learned by the executors of the Fairbanks estate that the site of the News building and the site of the Griffith building adjoining was in reality a part of the Fairbanks estate, although in the name of Delavan Smith and mortgage loans were floated In the name of Delavan Smith. TITLE TRANSFER DEEDS READY. It Is understood that the executors of the Fairbanks estate have reached an agreement with Delavan Smith by which the title In these pieces of real estate is to be transferred by Smith to the estate and that deeds for that purpose have been delivered to Smith and are expected to be executed any day, if, in fact, they have not already been executed. Some time ago the executors of the estate received permission from the probate court to convert a large part of the estate into cash at private sale, and it is reported that this step was taken with a view to clearing the propertj of incumbrances and entering into agreements by which the three-fourth iuterst of the Fairbanks estate in the News could be preserved as a unit. It is also reported from a reliable source that the desire of Warren Fairbanks is to eliminate Delavan Smith, not onlv from the control of the property, but from the ownership of any interest in it, end it is also understood that Smith is not opposed to such nn arrangement, since his experience with the federal court, which grew out of his falsely represented connection with the newspaper. The general public has shown no particular interest in the affsirs of the Fairbanks estate, although there are bequests to it in the will, and it is regarded as likely that the executors will not meet with any opposition in their conduct of it. as long as the interests of Mrs. Timmons, the one heir who is contesting the will are not placed in Jeopardy. POLITICAL INTERESTS WANT CONTROL. Back of the activities of the executors is the desire of strong political interests to own or control the newspaper. These interests are represented in Indiana by Joseph B. Healing, who Is the attorney for the executors of the News and in that capacity expects to pull over the coup by which the control of the policies of the News will remain nt his finger tips ns they have, through his shrewd manipulations for many years. Healing Is said to favor a complete reorganization of tljo News and it appears that he will be able to bring it about sooner or later. To be most effective to Healing and his interests tne reorganization of the property must be effected before the Indiana primaries in May and the earlier it is effected the more power Healing will be able to exert in the forthcoming primaries, although it is conceded that without any changes in the News he can generally direct its political policies. Recently there has been a report that Hilton U. Brown, who has been general manager of the News for years and Who (Continued on Page Eleven.)

BURGLAR! POLICE! AW, ITS A RAT Pantry Crash Causes Alarm in Hamilton Avenue Home — Brave Cops to Rescue. A “burglar” escaped from the custody of Motor Policeman Finney today, but the. detectives are so busy they say no search will be made for him. It all happened at the home of Robert Blakeraan, 420 North Hamilton avenue. It was just 4 o’clock in the morning when Blakeman was aroused from sleep by a crash of broken glass. He called the police. Sergt. Murphy and a squad, among them Motor Policeman Finney, went to the scene. Blakeman called to the police from an upstairs window' that he had heard the Breaking of glass and was sure a burglar was in the house. He then came down and unlockafiJ(to door, The police made a search. phy called, “Here he is.” Murphy stood holding open a closet dffor and laughed. A rat, caught in a trap, had dislodged a dinner plate that had been shattered on the floor. Then Finney picked up the trap, but the “burj glar’’ was not caught firmly and made its escape. “What do you think' of that?” asked the sergeant. “I found the burglar and Finney let him get away.” News Print Inquiry Body to Meet Soon WASHINGTON, Jan. 5. Senator L:iFollette announced today he will call a meeting of the committee named to in- 1 vestigate the news print paper situation, early this week to make plans for theinquiry. Absence of several members of the committee from Washington predated

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Diva to Be First Witness Called ! in Divorce Case Mme. Galli-Curci, to Review Unhappy Married Life of Eleven Years. CHICAGO. Jan. s.—Amelita Galll-Curci probably will be the first witness to testify this afternoon in the hearing of her suit for divorce before Judge Charles A. McDonald in superior court. The famous opera singer will tell of an unhappy married life extending over a period of eleven years. They were married in Rome, where he was an itinerant artist and she a singer of minor operatic roles. The now famous opera singer charges her husband with Infidelity, mentioning a Melissa Brown, village belle of Fleischmanns, N. Y., where the Curci summed home Is located. Among many depositions presented in the case is one by the Brown woman telling of trips Into the Catsklll mountains with Curci, his. brother and Mary Rinaldi, she also told of parties at the Curci summer home. Curci, before his wife started the divorce proceedings, instituted suit for $250,000 damages against Homer Samuels, accompanist to Mme. Curci, and Charles L. Wagner, her btfsiness manager, alleging they alienated his wife’s affections. In answer to the divorce complaint, Curci declared his wife was also unfaithful, mentioning Samuels in this connection. He attacked the suit on the grounds that it could not be brought in the United States because of laws oi Italy and a treaty with the United States.

PREVOST FACES MURDER CHARGE Third Warrant Charging Slaying of Wealthy Detroiter Expected Soon. MT. CLEMENS, Mich., Jan. s.—With the completion today of the state’s investigation of the murder of J. Stanley Brown, wealthy young clubman, found dead in his automobile on a lonely road near here on the night of Dec. 23, a warrant charging a man previously questioned by the authorities with the murder will be sworn to, those in charge of the investigation declared. The warrant, if issued, will be th third murder warrant sworn to since the finding of Brown’s body. Mrs. Brown, widow of the murdered man, was the first to be arrested, charged with the murder. After being held several day s she was released. Mrs. Cecil Yester was then taken into custody and is now held in jail here formally charged with killing Brown. Mrs. Vester, denying knowledge of the crime, has accused Prevost, Mrs. Brown’s cousin, with killing Brown. Prevost, according to “new evidence," uncovered by the authorities, is said to have been seen leaving a local hotel with the victim on the night of the murder. Acting on instructions from the state prosecutor, police yesterday searched Prevosts's home, taking his clothing and “other bits of evidence,” the exact nature of which the officers refused to reveal. Following this raid, the poiiec announced that a third warrant would be sought.

TRIAL OF NEW NEARS CLOSE Defense Almost Completed— State to Put Three Alienists on Stand. I.OS ANGELES, Cal.. Jan. 5.-—Contin-ued figurative dissection of the mind of Harry S. New, alleged son of United States Senator New of Indiana, marked the opening of the fourth week of New’s trial for the alleged murder of his sweetheart, Freda Lesser. Practically all of the defense testimony, both of alienists and other witnesses, was in when this morning’s session opened. Three alienists were in court ready to testify for the prosecution. Expert testimony of alienists last week was Intended to prove that New was a “psychopathic” person and was mentally unbalanced when he Is alleged to have shot Miss Lesser as they sat in his mother's automobile in Topango canyon on the night of July 4.

Veteran Logansport Banker Passes Away Special to The Times. LOGANSPORT, Ind., Jan. s.—George B. Forgy, 68, Investment banker and broker, died at his home here Sunday following several months of failing health. Mr. Forgy served as the first food administrator of Cass county but was forced to resign on account of his health. The Tipton County bank at Tipton was started by Mr. Forgy in 1876 in company with E. W. Shirk. Three years later Forgy came to Logansport. He is survived by a widow' and one son, Glen Forgy. prominent Cass county farmer. Suggests American to Rule Dardanelles PARIS, Jan. s.—The creation of an international committee to govern the Dardanelles, with an American as president, is the latest suggestion on the eve of the conferences of Premier Lloyd George, Premier Clemeuceau, Premier Nitti of Italy and Premier Venizelos of Greece. Former President of North China Dies LONDON, Jan. 5.—A dispatch from Shanghai today said Feng Yon Chang, former president of the north China lactlon and an advocate of peace betoreea north and * >uth China, la dead.

DECLARES VOLSTEAD LAW CONSTITUTIONAL, DASHING WETS’ HOPES i WASHINGTON, Jan. 5. —Upholding the constitutionality of the most vital section of the Volstead enforcement law, the supreme court, today, declared that 2.75 beer and other near-beers can not be sold under wartime prohibition. The action of the government in prohibiting the sale of 2.75 beer both before and after the Volstead law was passed o'n Oct. 28, 1919, was upheld. The decision of Hie court was 5 to 4, Justices Day, Vandeventer, MeReynolds and Clark dissenting. After the reading of the minority opinion, Mcßeynolds announced that • Justice Clark also desired to dissent, thus making the court vote 5 to 4. Justice Brandeis read the opinion of the court, as he did at the time war-time prohibition was declared constitutional.

IRISH SPREAD TERROR REIGN; POLICE BOMBED Attack Constabulary From Ambush in County Clare With Grenades. LONDON, Jan. s.—lreland’s reign of terror is spreading. A constable was wonnded when a detachment of police was ambushed neai Bellvaughan, In the northern part of County Clare. Ireland, on Saturday night, said a Central News dispatch from Dublin this afternoon. Grenades were thrown and many shots fired. Following' the desperate three-hour battle at Carrigtohill, in County Cork, where the Sinn Feiners destroyed a police station after a sergeant and five constables had been captured, reports were received of attacks upon two other police barracks in County Kerry. The attack at Carrigtohill was carried out with bomba and rifles. After the constables surrendered they were ultimately released and the barracks looted of arms and ammunition. None of the constables was wounded. It is not known whether the raiders sustained casualties. Dublin Castle, the seat of Irish government at Dublin, is now described as an armed camp. Barbed wire entanglements have been constructed and machine guns planted to sweep the approaches. It is reported that tanks are being held in reserve. Cork dispatches reported an additional raid at Bally Longford in which one policeman was said to have been killed.

GERMAN PLANES AT CITY’S GATES! They're Fokkers, Sent to Speedway Aviation Depot for Repair . German airplanes are at the city’s gates—but their wings are dipped. The Speedway air service depot today has twelve German Fokkers, some of which were flown in battle, which are being repaired. All the planes were damaged in flights. All are camouflaged. Some of them are almost new, having been delivered to America after the signing of the armistice. Capt. Pharias Blair, commandant of the depot, also has men working on two big Wright bombing planes, one of which was wrecked on the transcontinental flight and the other on Col. Hartz’ around-the-rim-of-America flight. Both have two 400 horse power Liberty motors. There are now ICO enlisted men and 200 civilian employes at the depot, which is turning out as much work as was turned out during the war. It is expected that the depot will be maintained here for an indefinite' length of time.

Friends of Irish Freedom to Meet A general meeting of the Friends of Irish Freedom and representatives of all other local bodies favoring Irish Independence will be held in the Hotel English assembly room at 8 o'clock Tuesday night. The call was issued by J. J. Liddy. Cass County Farm Sold for $43,800 Special to The Times. LOGANSPORT, Ind., Jan. s.—Martin J. Blight has sold his farm of 219 acres to Jesse and Garrett Townsley of Lexington, Ky., for the sum of $43,800, or an average of S2OO per acre. This is said to be the highest price ever paid per acre for a afrm of this size in Cass county. Guests Flee Hotel Fire in Zero Air CLEVELAND, 0., Jan. s.—Routed from their beds today when fire threatened the Woodland hotel, 150 guests were driven into the streets in scanty attire with the temperature close to zero. Au early estimate placed the fire damage at $50,000.

ABSISTS ATTORNEY GENERAL. WASHINGTON, Jan. s.—The following nomination was sent to the senate today : To be assistant attorney general—Francis P. Garvan of New York. WEATHER, Local Forecast—lncreasing cloudiness and warmer tonight and Tuesday, probably with snow or rain; temperature tonight, near frceeing. HOURLY TEMPERATURE. A a. m 8 7 a. 6 8 a. m 7 ft a. ni 11 10 a. m 15 11 a. m 47 13 (noonl 30 Sun sets today, 4:*4: rises teniovtow, 7:06; seta, 4:85, One yas* ago today, Mk a.. jgmet

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i The important feature of the decision is that the court upheld the action of congress In declaring intoxicating, and preventing the sale of al] beverages containing one-half of 1 per cent or more of alcohol, by volume, with the exception of home-made cider and wine. TAKEN AS DEFINITION OF INTOXICATING LIQUOR. The decree of the court may be taken as a definition of intoxicating liquor that will stand under constitutional prohibition also, because of the definite statement that congress in providing for the enforcement of prohibition can prescribe Just what makes a beverage intoxicating. The case decided today was an appeal from the New York federal courts, brought by Jacob Ruppert, a brewery corporation. Supporting in every way the contentions of the government and congress, Just as the opinion of the court did when war-time prohibition was declared constitutional by unanimous vote, the decree of the supreme tribunal apparently means a real bone dry nation. KILLS ALL HOPE OF any substituting. Likewise, it dispels all hope of the liquor interests for any tilting of the lid either at present or under constitutional prohibition, it is believed here. The financial interests involved in the oecision today are estimated at one billion dollars by the liquor Attorneys, including the amount of near-beer on han<j and the property for its manufacture, which win be rendered virtually useless. Dne hope of the liquor interests was to convert many old-time breweries into plants for the making of the 2.75 per cent product. ~T , Xew Yor * federal court upheld the Volstead law in its definition of intoxicating liquor under wartime prohibition in a suit brought' by Ruppert. Jhe appeal was then taken to the supreme court and the case argued by Klihu Root on Nov. 21. CONTENDED CONGRESS EXCEEDED POWERS. The Ruppert brewery contended that congress exceeded its powers in enacting the Volstead law enforcing war-time prohibition, because by its definition of intoxicating liquor it prohibited the sale of beverages which it is claimed are not intoxicating. The attorneys sought to prove that 2.75 beer was not intoxicating and pointed out that the original war-time prohibition law affected only • beer, wine or other intoxicating, malt or vinous liquor.” A long argument was made by Root to show that the word “other” as appearing in the phrase of the law should be carried back to the words “beer” ;l nd “wine,” thus prohibiting the sale only of intoxicating beer and wine. NEW JERSEY LIQUOR MEN ARE GIVEN BUMP M ASHINGTON, Jan. s.—New Jersey, through its attorney general, Thomas F. McCran, today declared it will not consent to the bringing of an original suit in the supreme court by the New Jersey Retail Liquor Dealers’ association to knock out constitutional prohibition and the Volstead enforcement law. In a brief filed with the supreme court under an order to show cause why the suit should not be entertained, McCran said: “The consent of the state of New Jersey to the filing of said bill or the institution of this action has not been granted and said state refuses to consent thereto. The suit can not be instituted without the consent of New Jersey.”

SEVEN HOOSIERS POISON VICTIMS Man, Wife and Five Children May Die—Chicken Sand* wiches Blamed. Special to The Times. COUNCIL BLUFFS, la., Jan. s.—Mr. and Mrs. Martin Messersmith of Andrews, Ind., and their five children, are critically ill at Audubon, la., near here, today, as the result of ptomaine poisoning. It is believed that chicken sandwiches purchased on a train are responsible. Doctors say they probably will die. Family of 4 Killed in Crossing Smash Special to The Times. VINCENNES, Ir.d., Jan. s.—An entire family is dead in Sumner, 111., today as the result of a railway crossing crash. The dead are H. A. Piper, wealthy oil man, his wife and two sons, Elmer and Randall. The accident happened on the main street of Sumner. Mr. Piper was driving has family home after church services. The speeding train struck the limousine in which the party was riding in the center, hurling it into a heap of wreckage. Shelby Piper was the only person not killed instantly, lie died at the sanitarium at Oluey, 111., having been taken there on a freight train. Packing Commission Proposed in Bill WASHINGTON. Jan. s.—Creation of a commission, similar to the interstate commerce commission, to control the packing industry, is provided in a bill presented to the senate agriculture committee this afternoon by Senator Kenyon of lowa and Senator Kendalafc at Wyoming, _ ... r ._J