Indianapolis Times, Volume 33, Number 109, Indianapolis, Marion County, 15 September 1920 — Page 2

2

FARMERS FILE SUIT TO HALT TAX UNDER TUTHILL RIPER ACT

Injunction proceedings to enjoin Ralph Lemcke, treasurer of Marion County, from collecting taxes based on the horizontal increases under the ruthill-Kiper act and also to restrain the State Board of Tax Commissioners from attempting to carry out its “pretended equalization orders,” yesterday was filed before Judge Linn Hay of Superior Court, Room 2, by William Bosson, Dayton L. Dawson and Jonas Johnson, Tanners of Marion county and members of the Marion County Farmers’ Federation.

Representatives of the Farmers’ Federation served notice on the Marion County Board of Reviews some weeks ago when the board bowed to the will of Governor Goodrich's tax board that unless the board upheld the decision of Judge Linn Hay and the Indiana Supreme Court in declaring the horizontal increases Illegal, action would he instituted to test the legality of the Tut--hill-Kiper act. The action taken by the plaintiffs is in the interest of other taxpayers in Washington Township, who seek relief from the -arbitrary" and reputed illegal action of the Goodrich Legislature attempting to legalize the “illegal and invalid horizontal increases.” Judge Hay is the judge who was sustained by the Indiana State Supreme Court In holding the horizontal increases, as ordered by the State Tax Board, in valid. The action of the Washington township farmers in filing the new suit, practically will restrain the treasurer of Marlon County from compelling payrdent of the taxes based on the horizontal Increases, if Judge Hay sustains the prayer of the petition. In attacking the “pretended" actions of the State Tax Board on July .71 last in reviewing and reconsidering its order dated Aug. 23. 1919. as provided for under the Tuthill-Kiper act, the plaintiff's base their legal stand on the following points : That no notice of any kind was given to the taxpayers of Marion County that the tax board proposed to consider the Increases of such assessments and that the “pretended” action to equalize assessments is illegal and void. That the Tuthill-Kiper bill does not authorize the tax board or the County Board of Review to reverse and set aside the judgment and decree of Judge Linn Hay. That the Tuthill-Kiper act recognizes the “binding effect of final Judgments rendered” in the courts and such decisions practically enjoins the collection of taxes based on order of Aug. 23. 1919. That such “pretendted" action of the board of review and the fax board deprives the plaintiffs and other taxpayers of the right to protect their property without due process of law and the actions are in violation of the fourteenth amendment of the United States Constitution. That such pretended equalization order results In the reversal of the Judgment rendered by the Superior Court of Marion County. That if the Tuthill-Kiper act purport* to authorize such action, “then it is void because it violates constitutional provisions,” and if mich actions by the TuthillKiper act, then the actions are void because they were taken without authority of law by the tax board and the boat* of reviews. That it Is not in the power of the General Assembly while the Judgment of th% court Is In full force, to dissolve and set aside the perpetual injunction ghunted by the court by the actions of the tax officials to authorize collections from t.< plaintiffs and other taxpayers. That the Tuthill-Kiper act does not purport to validate assessments which were made in contravention of the provisions of the taxing act of 1919, but purports to validate assessments which were made in pursuance of the said law. That the tax board and the Marion County board of review is without authority of law to enter an order of equalization, the effect of which is to reaffirm the void order of equalization of Aug. 23, 1919 That the latest pretended order of equalization results In an assessment against the property of the plaintiffs and other taxpayers in exactly the same amounts as fixed In the order of Aug. 23, 1919, and that this action !s beyond the power of either the tax board or any board of review. CHARGE NO REVIEW WAS MADE, That the state tax board and the Merlon County board of review did not in fact review and equalize the assessments on property In the several townships, but attempted to readopt and reaffirm the pretended order of equalization of Aug. 23, 1919. That the failure to properly and legally notify the taxpayers of a meeting to be held to take such pretended equalization steps has resulted in the taxpayers being taxed on personal property and ieal estate "without due process of law.” That a statute which attempts to confer on a board of equalization power to Increase the assessment of property of Individuals or of all taxpayers within a certain territorial subdivision is invalid and void and results in the taking of the taxpayer's property without due process of law. That the Tuthill-Kiper act purports to authorize the State Board of Tax Commissioners and the Cduntj Board of Rviw to take certain proceedings wltn refafence to a particular order, that is the equalization order of Aug. 23, 1919, sad MMUts said board to take social lid IBcvptlonal action In a particular case, and is, therefore, in violation of section 22 of article IV of the Indiana Constitution. CALLS ACT'A SPECIAL LAW. That the Tuthill-Kiper act is a special and local law on the question of taxation and therefore violates the state constitution because it attempts to lay down a particular and special rule for & particular order of the tax zoard. namely an order of equalization made on Aug. 23, lil9. The suit charges that County Auditor Leo K. Fesler has entered the “pretended" order of increase and equalization on the tax duplicates of Marion Bounty and has delivered the same to the county treasurer. The petition contends that the “pretended order of equalization” has become a “lien” on the real estate of all taxpayers in Washington township. It is chargeC that the treasurer will collect the illegal increases unless restrained and contends that an injunction issued at the hands of Judge Linn Hay is necessary to prevent the carrying out of the “pretended" order. The plaintiffs claim that unless the injunction is granted that they "will sustain and suffer irreparable injury” by b, ing compelled to pay taxes largely in excess of those authorized by law ana tbelr real estate and personal property will be subject to levy and sale becaus* of the ‘‘illegal taxation.” COMPLAINT TAKES CP SO TYPEWRITTEN PAGES. The complaint is a lengthy one as it embraces more than thirty finely typewritten pages. The suit was filed in behalf of the plaintiffs by Attorneys Ertsiey W. Johnson, Miller, Dailey and Thompson, who successfully represented the farmers in the Has* suit contesting the illegal actions of the state tax board. The complaint goes into detail regarding the various steps taken by the various bodies In an attempt to fasten the horiaoctial Increases on the cltleens of County, ; - t Q ur’lnr, nrlnclMlli at -

Board and the Board of Review, which “purported” to operate “under provisions of the Tuthill-Kiper act.” The reputed illegal and arbitrary attempt of the Goodrich Legislature to compel the people to pay horizontal increases in face of a decision of the highest court in tbe?Btate, which held that the horizontal Increases, as ordered by the State Tax Board in 1919 were illegal, again has resulted in legal steps being taken by the citizens of Marion County to. protect themselves against such legislation. Judge Hay has not announced the date of hearing on the injunction petition. CITY OBSERVES ANTHEM’S BIRTH Factory whistles and church bells saluted the 106th anniversary of the writ- ] ing of “The Star-Spangled Banner" at noon yesterday. At the same time the Eighty-First Army,' Band from Camp Knox played l the-rfational anthem at the Soldiers’ and. Sailors' monument, the strains of which were carried for blocks by a sound am- ; placed on the top of the monu- j went. > While the notes of “Oh, say. can you j see?” were in the air scores of red, ; white and blue balloons were released by the Marion County Chapter of the American War Mothers and went Boating upward with the Inspiring music of the anthem. Hundreds of persons stood on the sloewalk watching the celebration. A number of airplanes circled over the monument following the exercises, dropping cards bearing the announce, ment of the big public meeting tonight at Tomlinson Hall held under the auspices of the War Mothers.. The national anthem will be sung In all the theaters and motion picture houses tonight, and many have Included special patriotic programs. Business houses in all part* of the city were decorated with flags and they flew from the porches and windows of hundreds of Indianapolis homes all day. INTENSIVE ROOM DRIVEJ^ONTINUES With the G. A. K. national encampment . only a few days away, the intensive drive continues for rooms in private homes j for the thousands of visitors expected ! here for the encampment. More than 100 women continued to j canvass homes, appealing to residents to rent rooms in their homes for the use \ of the veterans and other vtaitors. Although thousands of homes were; visited Monday, the results obtained were fay from satisfactory, according to the i final returns. Many additional rooms will be re- | quired, according to the members of the | housing committee today. Announcement was made that a meeting of post and department patriotic instructors of the G. A. R., as well as of allied organizations will be held at 10 o'clock next Monday morning at the Y. M. C. A. The meeting will be In charge of Hosea W. Rood, national patriotic instructor of the Grand Army. COMMANDER NAMES CREDENTIALS COMMITTEE. Daniel M. Hall, commander-tn-chief of the Grand Army, has named the following veterans members of the committee on credentials: Joseph W. O'Neill, ad- ! jutant-general. chairman; W. S. Matthews, assistant adjutant-general; Al- | bert J. Ball, department of Indiana; Henry Spaulding, department of Michigan; Samuel P. Town, Pennsylvania: W. A. Wetherbee. Massachusetts; George W. Clark, Arkansas. The committee will meet at the Claypool hotel Monday at 2 o'clock and again on Tuesday morning. Commander Hall also has named i Charles G. Burtch, Portland, <>re., I chairman of the committee on rules and regulations and ritual for the encampment. Announcement also is made that 3.300 free theater tickets will be distributed to delegates of the G. A. R. and W. It. C., to attend any one of nineteen theaters of the city. The theaters that donated the tickets are the Colonial, Murat. English's. Keith's, Crystal, Circle, Regent, Rialto, Alhamb.*a, Lyric, Broadway. Ohio, Isis, Smith's. Keystone, Palm's, Gayety and the Park. j Sidney L. Miller will act as chairman ! of the reception committee, taking the i place of Fred Hoke, who was compelled i to leave the city on business. More than 300 men will serve on the i committee. s Decorations arranged for by the com--1 ralttee In charge, were being placed to- | day. Every merchant in the city also j Is ut*ged to see that his place of busi- ' ness is appropriately decorated and reslj dents are urged to display the flag dur- ! ing the week. Mrs. R. E. Kennlngton, president of t#e Women's Post War Council, which ; organization will have charge of ln--1 formation booths during the encampment. has named chairmen to be In charge of , the various booths. The first booth will be opened Friday 1 morning. MRS. HUGH McGIBEXY AT HEADQUARTERS. Mrs. Hugh McGibeny is chairman of the headquarters committee, which will be in charge of the headquarters In the *j room now occupied by the housing comi mittee at Market and Pennsylvania i streets. [ Members of the committee are: Mrs. j Richard Lieber, Mrs. Russell Stuart, Mrs. 1 H. E. P. Stanford. Mrs. Linton A. Cojt, Mrs. Joseph B. Kealing, Mrs. Wilbur : Johnson, Mrs. Clyde Roach, Mrs. R. C. Bennett, Mrs. Edwin Clark, Mrs. S. Edgar Perkins. Miss Katrina Fertig. Mrs. j ! C. F. Neu, Mrs. G. M. Henderson. Mrs. j Philip Hildebrand, Mrs. J. S. Ferris, [ Mrs, E. B. Hallic'Siy and Miss Hilda Link, i i Mrs. Clyde Roach !a chairman of rbe j lted Cross committee in charge of the i booth at the Union station; the Caroline! Beott Harrison Chapter, D. A. R, Mrs. | E. H. Darrach, chairman, in. charge or | booth at Terminal station; the Service | Star Legion, Mrs. Arthur G. Wells, I chairman, in charge of booth at Wash- I ! ington and Illinois streets; the Jewish: Welfare Association, Mrs. Harry Jacobs, | chairman, booth at the State House; ! the Spanish-Aiueriean War Veterans. ; I Mrs. H. 13. Hendryx, chairman, booth j at Court House; Soidlers Reconstruction! and Daughter* of the Revolution, Mrs. O. E. Anthony and Miss Edna Heaton, chairmen, in charge of booth at Monument Place; American War Mothers, Mrs. Alice Bierhaus, chairman, booth at Meridian nd Washington streets; Catholic Women** Service Va.-ague, Mrs. J. S. Ferrls. c-ialrman l„>\th at Ohio and Ptnu.

Dead When Dug From Under 5 Tons of Earth Special to The Times. ZIONSVILLE, Ind., Sept. 15.—Clyde Shelburne, 35, was buried under five tonti of earth Monday, while helping to build a water tank at Eagle Creek for the Big Four Railroad, and was dead when dug out by other workmen. The widow and one daughter survive. TELEPHONE MEN ARE IN SESSION “The telephone business is, to a greater extent >:han any other utility, dependent 1 for its success on the maintenance of amiable relations with the public,” said Frank N. Wampler, vice president and treasurer of the Indiana Bell Telephone Company,'' in an address before the first annual convention of the Indiana Telephone Association yesterday. The convention, attended by directors, managers and other officials of telephone companies opened this morning at the Claypool Hotel for a two days' session, with an address of welcome by Mayor Charles W. Jewett. The response to the address of welcome was made by President Henry A. Barnhart of Rochester, who set forth the objects of the association. He denounced the idea of abolishing the Public Service Commission, and of going back to the old days when "public utilities were dependent on election results and some officials wore dependent on the liberality of public utilities." Officers of the association are Henry A. Barnhart, Rochester, president; VV. W. Harbaugh, .Sullivan, first vice president; Samuel Tomlinson, Plymouth, second vice president; F. O. Ouppy, Lafayette, secretary, and Max F. Hosea, Indianapolis, treasurer. Mr, Wampler, la part, said : "Policy must be based on service and not service on poHcy. “We should be guided by the rules of ■h fixed general policy adjusted to the Golden Rule. "Give a dollar's worth of goods for every dollar paid to you. “Maintain such contact with your customers that they will know they are getting value received. “Stand ready at all times'to render efficient and dependable service. “Do these things and you need he un. der no apprehension that the public will not meet you more than half w&y in a spirit of cooperation." . Frank E. Bohn, general manager of th*. Home Telephone A Telegraph Company, Ft. Wayne, told of the absolute necessity of sssoclation In every line of Industry, for the mutual protection of ail parties, and to promote the best interests of tbe respective businesses which such associations represent. Fred Bates Johnson, member of the Public Service Commission, substituting for E. I. Lewis, chairman of the commission. who was to have spoken, told the telephone men that what the public demanded at the present, and what the telephone companies must give, 'a service. Those joining In the afternoon discussion were S. M. Isom, Mitchell. Southern Indiana Telephone Association; C. It. Stoops, Nappanee, Northern Indiana Telephone Association; T. E. Hanway, Monticello, Benton Telephone Association; H. F. Farwell, Terre Haute, West Central Indiana Telephone Association; C. M. Marts, Tipton. East Central Indiana Telephone Association; Wilbur Van Horn, Wabash, Wabash Valley Telephone Association, and William E. Bowers, New Haven. Northeastern Indiana Telephone Association. SUIT FOR *32.500 FILED. Judgment for *32.500 is asked in a suit filed In Superior Court, room 2, by John Kittle against Arthur Jordan for money said to be due the plaintiff. Marriage Licenses Vurl Tutus, 313 N. Pine at 11 Mse Miller, 944 Park ave.. Jj Carlos Morris, 2450 N. Dearborn t 21 Ruby Taylor, 249 Terrace ave 2* Edward Osburn. 729Maas. ave. .. 20 Bonnie Feber. 1141 IV. Thirty Seventh 29 Herbert Avals, 1489 Union st 25 Bertha Rlnker. 320 Prospect et 20 Eimer Weaver, 427 E. South st ... 2S Gladys Helton. 427 South East 5t..... 19 Robert Hardy, Bloomington 34 Lorena Rtchardeon. Bloomington 19 Clyde Mllles, 1925 Prospect at . 23 Lillian Hamilton. 1115 Harlan at..! 111 21 Paul Thornton. 2614 Northwestern ave 31 Ida Slnex. City Hospital 2* William Masters. 4297 Oxford ave 21 Helen Stevenson. 1162 English ave..!! 21 John Baird, Indianapolis 44 Ciara Bukhara, Indianapolis 24 John Gaddle, 1435 Missouri st 53 Irene Webster, 534 Drake st !! 49 Births Andrew adn Eva Fon, 975 W. Pearl, girl. Thomas and Gladys Roberts. 1041 Villa girl Joseph and Mary Phillips. 545 Berwick girl. Clarence and Nellie Melton. 1910 Valley girl. Thomas and Gladys Meunler, 1124 N. Alabama, girl. Claud and Nellie McConnell, 508 Bright, girl. Paul and Beulah Jackson. 7203 Columbia. boy. Don and Nancy Hoppes, 6955 Rawles, boy. George and Mary Spearing. St. Vincent's Hospital, boy. L. W. and Elsie Reid, 3325 N. Cipltol, girl. A. C. and Louise Mitchell. 4501 Gullford, boy. Horace and Anna Wheeler, 1856 Parkway boulevard, girl. William and Chrletabel McDonald, St Vincent's Hospital, girl. Horace and Francis Babb, City Hospital. girl. Howard and Evelyn Anchors, City Ho * pital, girl. Islah and Alice Galbreath, City Hospital, boy. Lee and Mary Latham. 634 Lynn. girl. Joseph and Frances Sauer, 1868 S. Talbott. boy. George and Lois Meltzer. Methodist Hospital, boy. Forest and Zena Pape. Methodist Hospital. girl. William and Ruth Potter. Methodist Hospital, boy. Dene and Mabel Zahn, Methodist Hospital, girl. Louis and Ruth Spires, 615 N. Oakland, girl. Grant and Tillva Richardson, 3026 Carson, girl. William and Leota DagUsh, f 1110 E. Vermont, boy. * Francis and Mae Lewis, 544 Fletcher, boy. Hoover and Bernle Johnson. 809 Church, girl. John and Dorothy Eblo. St. Vincent’s Hosplta', girl. Morris and Doris Ba;janz, St. Vincent s Hospital, girl. Oliver and Matilda Gray, 1111 English, girl. John and Manda Wilde, 1295 . Bacon, girl. Hardie and Nellie Marlin, Long Hospital. boy. William and Margaret Kay, Long Hospital, girl. Gavin and Maude Bruce. Deaconess HospltfJ, boy. • Fred and Minnie Fero, City Hospital, girl. Deaths William Cooper, 1 month, 1831 N. Capitol, apneumatesia. John P. Buckley, 69. St. Vincent's Hospital. diabetes mellltus. Richard Marshall Buchanan, 6, 3210 Central, acute gastritis. David William, 3313 Roosevelt ave., premature birth. Esther Hazel Petty, .6, 3438 E. Twentydiphtheria. Benjamin F. Sharp. 71, 1950 Adams, cerebral hemorrhage. Helen M. Rld. 88. 2246 N. Alabama, cerebral hemorrhage. Mary Wltman, 83. 2520 Indianapolis, Hypostatic pneumonia. Margaret Starkß. 28. Deaconess Hospital, acute dilatation of heart. Eliza Rlchrodt. 59, 1346 N. New Jeraay. diabetet mellltus. HeJeklah Pa-.erson, 23, 1327 Lafayette, pulmonary tuberculosis. F Horack Carpenter, 29, 233 Rankin, pulmonary tuberculosis. 1 ■ r 'V L I . I ,

INDIANA DAILY TIMES, WEDNESDAY, SEPTEMBER 15,1920.

G. 0. P. MACHINE GROOMSBRYSON Robert H. Bryson, city comptroller, looms today as the most likely man to be backed by the Mayor Jewett-County Treasurer Ralph Lemcke forces sos the Republican nomination for mayor next spring, this being Indicated by conversation of other- officials of the administration who are in position to respond quickly to the desires of the leaders. Persistently, but quietly, the JewettLemcke men are passing around the word that "it looks like Bryson Is tho logical man,” and “we ought to havo | Bob Bryson," while the Republicans who | are known as the “antis” continue to ! prepare their guns to put over a candidate of their own. The men whrf gathered under the “home rule'’ banner in the last municipal election have let it be known they, too, are to be reckoned with again. At the same time that the city comptroller is being advanced, the Jewett men are taking care to prevent the embryo boomvfor Leonard Quill, president of the Marion Club and one of their coterie, from assuming too dangerous proportions. "Leonard’s a fine fellow, all right,” they whisper, “but he never could be elected.” The antis, regardless of the fact that chances for the success of the Democratic county ticket grow greater with the widening of the breach In Republican ranks, are going right ahead with their plans to oust the Jewett-Lemcke machine from county party control. Os the several candidates being groomed for the anti support Probate Judge Mahlon E. Bash apparently has the inside track, particularly since it is understood he will have the support of the Indianapolis News. Not a little angling is being Indulged In for the landing of the followers m George V. Coffin, who have disapproved of Jewettt rule ever since the mayor found It Inadvisable to prevent Coffln’r removal as chic* of police. The Jevrett forces favor Bryson .'or the added reason that the Coffin adherents are said to be friendly toward him. Gustav G. Schmidt, president of the city council, who has been a leader In the blocking of practically every administration scheme that has come within reach of the legislative body, appears to be the most likely “home rule" candidate with whom the Jewett crowd would have to reckon,/ Privately the Jewett men state It as their belief that Mr. Schmidt be in the field unlesh a union of the “home rule" and anti forces is effected, and admit they fear the strength that Mr. Schmidt is said to have among south tide voters because he has championed their causes iu the council Meanwhile, all of the politicians op posed to Jewett and Lemcke are anxious to hear from Lew Shank, the only definite thing they know about Mr Shank’s political plans being that he has never said he would not be a candidate for mayor. CAIN CONFESSES 7 AUTO THEFTS Names Alleged ‘Fences’ and Aid in Signed Statement. Thomas Cain, 546 Orange street, admitted yesterday In a signed statement to detectives that he had stolen seven automobile* from south side garages during April, May and June. Cain's statement was made following hia arrest Friday on the charge of entering a garage to commit felony when he was captured by George E. Kenny In a garage at the rear of Kenny'* home at 1446 Lawton avenue. All tne machine* were sold to John Dampler, former saloonkeeper. Mod Cl If ford Alley, garage repairman, accord ing to the confession of Cain, who stated also that he was assisted la the thefts by Ralph McGuire. 2211 Shelby street, who Is now under arrest on charges of burglary and grand larceny. Dampier and Alley, also under ar rest, are now awaiting action by the grand jury on charge* of grand larceny. The charges held against both Dampler and Alley allege the theft of several automobiles. Dampler was arrested In July after five motor cars, three of which were Identified as having been stolen from south side garages, were found. Two of the cars were located at> Trafalgar, two in a garage at the rear of Dampler * house, and Dampler himself was driving the fifth ear when arrested. Alley was arrested after he was caught by Walter Galamore, :u57 Prospect street, when Galamore recognized the automobile Alley was driving a* the one atolen from him. ' Following is a list of owners of the ears stolen by Cain ami McGuire, according to the confession of the former: George Smock, 954 Elm street; Harold Watson, I*2o Spann avenue; William H. Ross, 1505 South New Jersey street; Edward Walters, 721 Cottage avenue; William G. Fox, 2144 Singleton street; Florence Vest, 121 k Churchman avenue, and L. W. Luther, 2157 South Meridian street. The cases of Cain and McGuire are being Investigated oy Detectives Itugensteln .Hynes, Fields, Hanks, Irick, Giles, Kademacber and Peats. LAWSON AIR LINE GIVEN MAIL JOB WASHINGTON, Sept. 15.—Postmaster General Burleson has announced he had accepted bids of Alfred W. Lawson of Milwaukee to carry mail by airplane on three new routes connecting New York with St. Louis and Atlanta, On., and making deliveries at. Pittsburg, Harrisburg, Ft. Wayne, Raleigh, N. C., Columbia, S. C., and Washington. Lawson will receive JtlilC.OOO a year for operating the planes, of which thirty will be needed and the landing fields. Acceptance of Lawson's bids will make possible regular passenger as well as mail delivery between the cities mentiohed. Service will commence soon after Nov. 15, under the terms of the contract. All routes will he operated daily by the middle of the winter. Lawson plans to use planes that will carry 12.000 pounds of mail and fuel and twenty passengers. They will have a maximum speed of 120 miles an hour. 4 Single Taxers Plan to File Electors’ List Plans for the filing of a list of names of presidential electors in Indiana were discussed by the State committee of thx Single Tax party at a meeting at the Washington Hotel Monday night. Those who attended the meeting included John F. White, State chairman; Frank D. Brown, Conrad Rust, Ralph P. Lrneaster, G. R. Slater, Dr. T. J. Bowles. John Henry, Hewlth and Edward Barker, ali of Indianapolis. Robert C. Maeca ey of Pennsylvania is the party's eatididnte for the presidency. and R. C. Barnuni of Ohio is its candidate for the vice presidency.

XfiTWfHNF * Whol ”°®*. Cleanstafi ,r Wn| and flcalkj // * jWfcr’vSs. LHn—Murine for Rt >o ness, Soreness, Grant* Vfllin £Vr^L atio . n * Itching and IIIUR t.¥ to Burning of the Eyes or Drop*” After the Movie*. Motoring Or Golf will win your ,/ynfidence. Ask your Drug. ** lor Mum, wlm >.ur t,.. NWC,.

Asks Observance of Constitution Day In a statement issued yesterday Governor Goodrich called on the citizens of Indiana "to recognize the birthday of the constitution of the United States, Sept. 17. In his statement the Governor points out that it is hardly necessary f6r Indianapolis to be reminded of the fundamental part the constitution has played in the progress and development of America. ‘SHINER’ FAILS TO SHOW FOR TRIAL Judge Walter 'Pritchard’s new system of releasing on their own recognizance some prisoners awaiting trial did not work successfully In the case of Everett ("Shiner”) Midaugh yesterday. “Shiner” w T as arrested Monday afternoon, but that was not unusual for he has been arrested before usually charged with gaming or violating the prohibition laws. This time he was charged with vagrancy. “Shiner” is a white man, but likes to visit some of the place* on Indiana ave- ! nue, and Patrolman Allison told him ! "there Is not room for him on my dis- ; trlct,” The policeman’s district -is Indiana ; avenue. Therefore, Middaugh was arrested and when he reached the turnkey’s office an SOS was sent to Judge Pritchard and j he was released on his own recognizance. He was told to appear in court j yesterday morning. But he didn’t. PARENTS GIVEN TO 5 BY COURT The Procate Court room of Judge Mah- , lon Bash at the courthouse yesterday was tiansformed Into a nursery for a h>* hours while the court heard the petition? ; of six married couple* who asked the right to adopt six children. / The court granted five couple* the right to adopt five of the children. The adoption of Vivian Elaine. 10 months, by Mr. and Mr*. Owen H. Williams of Bee<-b Grove. The adoption of Boyd Marion Moore. 5 months, by Mr. and Mr*. Lawrence Del- j terman of Claypool, Ind. The adoption of Harry Leon Shaw. 25 months, by Mr. and Mrs. Fred Dennis of Ft. Wayne, Ind. The adoption of Glenn Tolllre. 10 months, by Mr. and Mrs. Ros* Eshelman of Anderson, Ind. Tbe adoption of Harold Harvey Leon- 1 ard, 6 months, by Mr. and Mrs. Henry j Brown of Indianapolis. The court has under advisement the petition of Mr. and Mrs. Otto H. Klett \ for the adoptoln of Clifford Earl Williams. 6, because a needed legal step has [ oot been taken up to this time. KINGAN CO. ASKS LOWER RAIL RATE Klngan A Cos., Ltd . of Indianapolis j filed * petition with the pntille service J commission today to require a reduction hr tbe charges of the Indianapolis Union J Railway Company for the handling of livestock from the Union stcckyard* to j the Klngan plain* By regulation of freight tariff which j went Into effect Feb. Ik, 1919, a tariff rate w* fixed for the Indianapolis Union j Hallway by the then director genera! of! railroad* to the various packing ann \ slaughter house** in Indianapolis. On live stock handled by tbe Union Railway (Belt Railway' from the Union Stockyards 'to (daughter and packing j house* in Tndlnnapoll* the Union Railway waa allowed to chn|tge $5 j(or ekchi car. A 40 per cent advance on this tariff! wa* scheduled, but by voluntary action j of the Union Railway Company tbe ln-1 crease wa* not put Into effect Klngan A Cos. ask for a reduction of; rates from $5 to $2 per car and It contends this would give tbe Union Railway Company a fair return. Stout Will Address Kiwanis Luncheon Elmer W. Stout, first v|ce president of ; the Fletcher American National Bank, ha* been Invited to addre-a the Klwants | Club at it* weekly luncheon *t tbe Hotel j Seyerin thl* noon, Mr. Stout will give h l * views on gen* i eral banking conditions of thiß country j and Europe. Days Doubled, Fine Same on Appeal Mike Plivxo. charged with operating a blind tiger, was fined SIOO and sentenced to sixty days on the Indiana State Kari* yesterday by Judge James Collin* of the Marlon County Criminal Court. He wa* fined SIOO and -osts and aenlenced to thirty lav* at the farm In the 1 City Court, but appealed to the higher court. Judge Collins gave Purzo until Saturday to find a home for his son. 8.

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BOY HELD AFTER HOLDUP TALE Following the report of one of the boldest daylight holdups tn Indianapolis police history, Harry Victor Freeman, 19, of Boswell, who told the police he was robbed, was arrested on the charge of petit larceny yesterday. The “robbery" occurred at the home of Freeman's sister, Mrs. Etta Rodgers, 1934 Arrow avenue. When the police emergency squad reached the scene they were met by Freeman, who told them he had been at a grocery on Ludlow avenue and that when he entered the kitchen of his sister’s home a “tall, slim man, wearing a hat and a black mustache” covered him with a revolver and said, “Hands up; I need the money.” Freeman said he gave the man $lO In paper money and a bank containing $lO in change. While the police questioned Freeman, detectives found men working In the rear of the bouse who said no one had run out of the house in that direction, ana a woman sitting on the front porch ol another house said no one had left through the front door except Fre'-msu. The story did not have the right "ring’ and Freeman was searched, revealing a purse containing money and a can. "That's my tobacco,” said Freeman. The police officer opened the can and poured out nickels and dimes and pennies until the sergeant counted a total, including what was in the purse of $13.65. Freeman admitted he had told a story of a fake hold-up. and robbery to cover the taking of the money from a small bank owned by his sister. Mrs. Rodgers, and Mrs. Alice Servo**, who also lives at the Arrow avenue address.

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