Indianapolis Times, Volume 33, Number 144, Indianapolis, Marion County, 26 October 1920 — Page 11

ENGLISH MINE WORKERS MAY TAKE BALLOT Referendum Considered if Acceptable Peace Formula Is Obtained. DISCUSS SETTLEMENT LONDON, Oct. 26. —There were further indication# today that progress was being made toward a settlement of the national coal strike. Following a meeting of the executive committee of the Federation of Miners during the morning representatives of the strikers called upon Premier Lloyd George to continue the discussion of the government’s terms. Later in the day representatives of the colliery owners joined the conference. Frank Hodges, secretary of the Federation of Miners, said that in the event an acceptable peace formula was worked out It would be necessary to call a full meeting of the miners delegates to decide whether to submit the terms to the miners throughout the whole country. If it is decided to do so a referendum ballot would be taken throughout the coal fields on the question of accepting or rejecting the settlement. SITUATION FAVORABLE. “The situation Is very favorable for a settlement of the coal strike,’’ said Hodges at 4 o'clock this afternoon after ■ the joint conference of Premier Lloyu George and representatives of the striking miners and colliery owners broke up. The coal scarcity Is curtailing sporting events, cansing numerous cancellations of track schedules. All racing, including the Cambridgeshire meet, has been called off. Despite the more favorable turn in the strike sitnation the government has proceeded with the bill granting the cabinet exceptional military powers to deal with an emergency. The bill was advanced to second reading in Commons last night. The terms of the strike settlement were said, unofficially, to provide a two shilling per day increase for the miners, with a stipulation for increased production. LABORITES SAY PLAN DANGEROUS PRECEDENT. Laborites were understood to regard the plan for Increased production as a dangerous precedent, but they were anxious to avoid a general strike. The fear had grown that if a general strike did develop Lloyd George would seise upon it to call a general election on 'the issue “nation vs. unions.” In that event they foresaw the return of the Lloyd George government by heavy majorities. Meanwhile the trades union congress went ahead with plans for an executive meeting Wednesday. Originally called to see what should be done to support the miners, the congress now will consider the general labor situation. There was said to be a concerted movement to create a high labor command and dissolve the council of action forced to aid in obtaining peace with Russia. EXPENSIVE FOR NATION AND MEN. The miners’ strike has been expensive for nation and men alike. Two million workers were unemployed and 120,000 more were on short time. Three \ hundred and fifty thc%sand were obtaining strike benefits. It was estimated the disturbance bad cost taxpayers 515.000.000 and that the miners have lost $40,000X00 in wages. In addition, 4.500.000 tons of coal that should have been dug last week remain In the ground. GERMAN WORKERS SEEK MINE NATIONALIZATION BERLIN. Oct. 26.—German coal miners in the Ruhr district will attempt to take advantage of the general coal strike in Great Britain to compel-the German Government to nationalize all coal mines, said a dispatch today from Bochum, where representatives of the ml:Ars are In conference. The miners’ leaders are now working out a schedule of increased wages which, they insist, shall be put into effect on Nov. 1. The miners threaten to embarrass the government on pledged coal deliveries to France unless their demads are met. PUTS QUESTION UP TO ETERNITY Harding, on Front Porch, Delivers Self of Solution. MARION, Ohio, Oct. 26.—" The only safe coarse for America is to remain outside of the League of Nations until a plan for an association of nations can be united on in which our precise obligations will be km wn beyond uncertainty or equivocation.” Senator Warren G. Harding declared today, commenting on the statement of Leon Bourgeois. president of the league council. Bourgeois is reported to have stated article 10 was not a vital part of the covenant. This, Senator Hnrdjng interpreted to mean, that if article 10 were eliminated its effect would still be preserved in other sections of the covenant.

JAPAN SHOWS UP LEAGUE INTEREST Refuses to Cut Armaments Until U. S. Joins. TOKIO, Oct. DC—Until the United States joins the League of Nations, Japan will not agree to any curtailment of armaments. It was reliably reported today. \ The subject has been under discussion by the Cabinet for some time. This decision, it is said, already has been communicated to Japanese envoys, who will attend the League of Nations meeting in Geneva next month so they inay know what direction Ob follow In the deliberations. Japan holds that limitation of arma., ments with the United States out of the League of Nations would be ineffective and that it would be detrimental to Japanese interests. TOKIO, Oct. 26.—Premier Hara, speaking In the role of a private citizen, today denied that Japan is a milrlhristic nation. He declare dthat Japan’s record for keeping her international agreements is clear. Japan's activities toward China were defended by the premier, who maintained that wrong impressions entertained by Americana demand immediate correction. Male Vamps Steal Grid Heroes’ Girls EVANSTON, lU., Oct. 2—Male vamps are st?allng sweethearts of Northwestern University athletes here because the latter can't train and eat and dance at the same time. nr. cot>ding to Dean Roy C. Fllcklnger. wtjp today wah on record for abolishing- teas and dances tmtll after the football season. -v ’* jl*h university already has ruled sgitinst sorority and fraternity dances, Flkkinger assailed "tea hounds' ■556! stole- athletes’ girls.

HORIZONTAL TAX INCREASES HELD LEGAL -BY HAY (Continued From Page One.) / of taxpayers to have their property assessed at any_ particular sum under the circumstances of this case, is a vested right that cannot be maintained. This right to object to increased valuation by equalization Is more Tisionary than real. The assessed valuation does not determine the amount of taxes the taxpayer must pay on his property under the circumstances with which we are dealing. In theory at least the board might have reduced the valuation of all property within its jurisdiction proportionately to that of the plaintiffs as fixed before the equalization order and then r raise the tax rate on all property, in which event the plaintiffs would have paid the same amount in taxes that would be required of them to pay upon the increased assessment of all property wlth a lower rate v So that if the assessed valuation be considered adjudicated iu this case, it fixes no definite amount in taxes that the plaintiffs must respond to, nor that the taxing officers may not go beyond. If such a course as above Indicated had been taken, I venture to say there would have been no contention that the amount of taxes upon this property of plaintiffs had been adjudicated at a different amount. OF OPINION CHARGE IS NOT CONTROLLING. We are of the opinion that the contention of plaintiffs, that the assessed valuation cf their property has been adjudicated so as to result into a vested right that precludes the taxing officials from assessing it above a fixed value, is not controlling in this case It does not appear that some classes of property at least are assessed above their cash value. To this extent, the assessment recently made Is an injustice, as it was in the old assessment. It is to be regretted that the taxing officials could not have means to have avoided this injustice. But this amounts to an irregularity and not to action that is void Courts are seldom Justified In granting relief prayed for herein upon Irregularities. although they may appear unwise. Much latitude and discretion is given to taxing officers in fixing assessed valuations. Much difficulty 1* encountered in adjusting all the complications that arise in or.r taxing system. Perfect equality cannot be obtained. The records show one thing that mitigates the injnry that the plaintiffs complain of to some extent, and that is that the assessed- valuation of all the property in the county was increased by the equalization board in practically the same ratio. If such increase was accurately proportioned It would result iu a lower rate and perhaps not materially effect the ultimate tax that plaintiffs will pay under the Increased assessment. I am not disposed to hold tl at thie act is Invalid on the ground of it being special legislation. Anv retrospective statute of remedial nature, curing a defective execution of some power really possessed by a person, tribunal or officer, attempting to exercise it, is in its nature, more or less, special legislation, but not In such degree as to offend the inhibition of special legislation under the Constitution. It would be dfflcult curative act or any retrospective statute of a remedial nature that would not, in some degree, appear to be special, but such legislation has been held valid time and time again. BCPRJGME COURT ACTION INCREASES DIFFICULTY. The question of adjudication arising from the action of the State Supreme Court infolding that the first horizontal increases were void, is held by Judge Hay to be the “most serious and difficult question arising in this case.” The court held that it “should be the duty of taxing officials <o avoid all inequalities possible, and to this end they are given a discretion in a greater or less degree that can not be controlled by the courts nor interfered with except in cases where it would amount to a fraud.” The court held that “the assessment in excess of the cash value in this case came about by reason of the exercise of the power of the board to equalize taxation, and not by original assessment, under which circumstances 1 think the law justifies an assessed valuation above the cash value. “It is clear from the language that the Supreme Court did not take into consideration the question of the assessed valuation of the property in arriving at its decision.” rite court said. “It evidently considered the case of Aug. 23, 1919, was void for want of authority in theJ*tate board to make it. •'Neither from this, nor from the language of the order, judgment and decree of the court is anything shown that Indicates that a judgment that the assessed valuation of the property conld not be fixed at the particular amount designated order of Aug. 23, 1919. "The extent of the ruling was thst It was not fixed at the amount designated in the said order because the order was void, and because It was not so fixed the auditor and treasurer were enjoined from enforcing the assessment. "Certainly it was not adjudicated that any particular rate should follow this particular assessment and therfore no l fixed amount plaintiffs should pay in taxes upon their property.” DEVOTES MUCH SPACE TO THIS PHASE OF CASE. Judge Hey devoted much space In his decision regarding the plea cf the plaintiffs that the Tuthill-Kiper act is invalid because it attempts to validate an assessment heretofore declared by the State Supreme Court to be invalid. Judge Hay held that the Tuthill-Kiper act does not contemplate such action and

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stated that “if this act validated the assessment there was no need of the county board of review or the State Tax Board to act at all.” Judge Hay held that the TuthillKiper act does not legalize the action held Invalid, but “provided a way to have it done in a valid manner.” “The Tuthill-Kiper act is not curative in the ordinary sense of the word,” Judge Hay held. The court held that the taxing officials were free under the Tuthill-Kiper act to fix assessment valuation at any sum which, In their judgment, the exigencies of the public needs required. “It might have been less, it might have been more, and if the board had authority -to fix the assessed valuation below the old assessement, they bad the right to fix it at the same valuation as far as this act is concerned, with possibly one exception." Judge Hay stated. “Understand, that am trying now to show that the act itself is not responsible for the fact that the two assessments are identical in amount, and, therefore, is not violative of the rule contended for by the plaintiffs.” DISCUSSED VARIOUS POINTS IN DETAIL. More than fourteen pages of Judge Hay’s decision was devoted to the contention of the plaintiffs that the board gave no notice of the contemplated action which entered the horizontal increase order of the board unconstitutional, because the plalutlffs claimed it took away property without due process of law. “It seems to me that the time at which certain action was to be taken would be ascertained upon inquiry as easily as it would where the board may continue in session and adjourn sessions from time to time for thirty days or more," said Judge Hay in showing that the Tuthill-Kiper act requires the State tax commissioners to meet within ten days trom July 31 of this year. Judge Hay discussed in detail the various points raised by the petitioner* for taxpayers in mpporting their petition asking that at injuctlon be granted. QUESTIONS RAISED IN COURT ACTION The plaintiff taxpayers la the various suits attacking the Tuthill Kiper act, which was rushed through at a special session of the State Legislature in nn effort to "sugar coat” the unpopular and illegal horizontal Increases, base their action asking for relief upon several important points. Some of the various questions raised during the argument by counsel for the taxpayers, are as follows: That the action of the Legislature in passing the Tuthill-Kiper act virtually sets aside a final decision by the Indiana State Supreme Court and also a decision by Judge Linn Hay who held that the State tax hoard exceeded its authority under the first tax act in attempting to equalize the assessments as between townships. That the action of the State tax board in purporting to review, re-assess and re equalize the assessments under the Tut-hfll-Kiper act, was not In accordance with the act as passed at the special session of the Legislature. That the horizontal increases deprive taxpayers of their property without due process of law. That the horizontal increases are confiscatory in spirit and are unfailr. That the State tax boardgave no notices as required under the Tuthill Kiper act that they were going to re assess and review fax That the Tuthill Kiper act is unconst! tntional as being In violation of both the State and*Federal constitutions. CASE BINDING IN ALL TOWNSHIPS. The taxpayers asked in their original petition that County Treasurer Ralph Lemeke be restrained from collecting the horizontal Increases as based upon the alleged provisions of the Tuthill-Kiper act and that the Indiana State lax Board be enjoined from enforcing any orders relative to the enforcement of the provisions of the Tutblll-Kiper act relative to horizontal increases. The decision of Judgo Hay is baaed ! upon tbe petition of the farmer* ot | Washington township, but tbe decision is binding In the suits of ail township* in the county with the exception of Cen- < ter tow ishlp. The taxpayers of Center township did not file a petition asking for an injunction. Counsel for the plaintiffs took an exception to the court's ruling and this indicates that an appeal to the State Supreme Court Is contemplated. The records of the court show that tbe plaintiff excepts to the decision of the court In refusing to grant art injunction. * ERIE R. R. ASKS TAX REDUCTION -Declaring the Chicago A Erie Railroad Company has been assessed an excess of almost six millions of dollars, and attacking the report of Charles A. Martindale. special master in chancery, whose findings upheld the assessment of the State Board of Tax Commissioners, W. 11. Thompson, attorney for the plaintiff, today again presented arguments be fore Federal Judge A. B. Anderson to have the assessments against the railroad set aside. * The plaintiff seeks to have the court enjoin the State Board of Tax Commls-

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INDIANA DAILY TIMES, TUESDAY, OCTOBER 26,1920.

Find Knife Gun

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This ingenious weapon, a knife-gun, was found on a prisoner being searched in the west side court, New York City. It has the appearance of a pocket knife, hut in caliber bullet. What appears to be the blade of the knife is the trigger. The bullets are inserted in a holiowedcut blade in the handle and are and! charged through the front. sioners from collecting the assessed taxes for 1919 on the ground the board, in making the assessment, took into consideration certain items which tq? law does not authorize to be considered, and the board therefore assessed the company excessively. The assessment amounts to approximately $22,000,000. Attorney Thompson declared the railroad company’s assessment was approximately twice it* cash value, while surrohndlng property was not assessed o highly. He said he believed the Tuthfll Kiper act was illegal, but when informed that Judge Linn Hay had held the act legal, he declared even if the act were valid the assessment would be several million dollars in excess of Us cash value. The hearing were to be continued this afternoon. COURT BLOCKS PARTYEFFORTS Colored Voters Fail in Plea for Recognition. Names of candidate* of the Independent Republican party will not be plgeed on the official election ballot* because of the action of Superior Judge T. J. Moll in sustaining a demurrer of the Marlon County election board The decision of tbe court apparently end* litigation extending over a period of about ten days which started when the county election board began questioning the petition of the colored voter* Baking that members of their own race be placed on a party ticket. The refusal of Judge Moll to isaoe a mandate requiring th eboard to place the names of the colored candidates on tbe ballots was based on the grounds that a anfflcient number of applicant* bad not signed the original petition ask lng for the placing of tbe candidates' names on the ticket. The petition first asked that the name of the new party be known •* the Independent Republican party and the emblem be a bust of Lincoln. This the election board, by its majority membership, refused to accept and substituted a cut of a pair of scales as tbn party emblem The party members then stated that the name of the Independents would not he objectionable and asked that the emblem be an elephant. This tbe board refused to accept and the colored Republicans took tbe case to court in a fruitless effort to get ths names of their candidates on the ticket. Fewer Men Register in 1920, Figures Show More than 300,000 fewer men registered this year than two years ago,- figures snnounced by the,, State Board of Election Commissioners indicated today. The total registration this year w:ts 1.464,169, as compared with 1,176,139 two years ago. The latter figure includes only men while the former includes both men and women. The total number of men registered is 860,54 b and tbe total number of .women is 603,629. The figure* given out by Mr. Chaney are complete with the exception" of Do Kalb Delaware, 1180, Cass, Koaclusco and Steuben Counties, where the auditors did not separate the number of men and women in registration and furnished Mr- Chaney with estimates.

DEEPWATERWAY | BODY MEETS HERE j Great Lakes to Sea Project to 1 Be Considered. A conference of transportation experts and B. R. Inman, manager of the State Chamber of Commerce, is to be held Saturday at the office of Mr. Inman to summarize and arrange data that will be presented at the meeting In this city next Monday of the international Joint commission that Is compiling data In reference to the proposed deep waterway from the Great Lake.* to the sea. The data collected by the commission is to be submitted to Congress and to the Canadian government, the two countries being equally interested in the proposed waterway. The hearing in this city Monday Is to afford the commission an opportunity to determine the Interest in Indiana in the project and to estimate the amount o. tonnage that might be expected. The commission Is composed 'of Obadiah Gardner of Rockland, Maine, and Clarence D. Clark of Evanston, Ky., representing this country, and Charles A. Magrath of Ottawa, Canada; Henry A. Powell of St. John, N. 8.. and Sir William Hearts of Toronto, representing Canada. Since the appointment of the commission one of the members representing this country died and no one has been named to take bis place. Following the hearing in this city the next and final hearing by tbe commission will be held at Cleveland. COAL PRICE CUT OPEN National Association Indicates Material Drop. CLEVELAND. Oct. 26.—How to reduce the price of coal was the subject under discussion here today by hundreds of operators from the bituminous districts, all members of the National Coal Association. They gathered at the request of Attorney General Palmer, who asked the elimination of exorbitant prices at the mines. , A resolution calling for “fair and reasonable prices, with a Ditr oroflt for tbe producers” was being prepared. In was the consensus of opinion that a material drop in prices would follow the meeting.

IN NEED OF JOB? HERE'S GOOD ONE City Is Seeking Man for Lizard Inspector . The need for anew city official whose title might be “lizard Inspector.” "tl disclosed by William Cleary, clerk of the board of public works, today. A woman, very much in earnest, called the board's office nnd said she had just killed a snake iu her front yard, that her next door neighbor's cellar was full of lleardi and that the wanted somebody sent out to eee about it immediately, Mr. Cleary said She gave her address as 3415 Guilford aNinue. bn* did not give her name, the clerk added. Mr. Cleary is looking for somebody who might qualify for the new Job.

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ORDER MARTIAL , LAW IN MEXICO Soldiers* Murder Causes Riot in Tabasco State. MEXICO CITY, Oct. 26— Martial law was declared in the capital of the State of Tabasco today, following the killing of two deputles''i>y soldiers. The shootinr followed the murder of an Army captain by State Deputy Manuel 'Lascano, who sought refuge in the Statehouse.

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Soldiers followed him, opening fire on tbe assembly. Two deputies, one of them L&scano, were killed. Tbe President of the Chamber end a woman spectator were wounded. Several deputies returned tbe fire. TWO U. S. CITIZENS KILLED. WASHINGTON, Oct. 23.—Two Americans were murdered yesterday at Vega De Otates, Mexico, the State Department was advised today. This place is near Tampico. The Americans were Arthur li Mosley, supposed to be from Texas, and Guatave E. Sailer (or Sailer). All details of tbe klUlng are lacking.

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Automobile Company to Have New Building The Fisher Automobile Company today announced the purchase of a lot at St. Clair street and Capitol avenue, on which It will begin the erection next spring of a modern fireproof building which will be used for an automobile sales and MrTlcA station. A brick dwelling on the, south side of the lot will be remoleled add converted Into a personal office for Carl G. Fisher, president of the company. Details of the construction of the building have not been announced.

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