Indianapolis Times, Volume 33, Number 211, Indianapolis, Marion County, 12 January 1921 — Page 1

THE WEATHER Fair tonight and Thursday. Colder tonight.

VOL. XXXIII.

ORBISON DISPENSES SEIZED WHISKY

TILT PUTS LIFE INTO SESSION OF THE HOUSE Recommendation for Revision ' of Rules Causes Clash on Floor. LITTLE BUSINESS DONE Little action marked the short sessions of both the Senate and House of the Indiana Legislature this morning when adjournment was taken at 11 o’clock to 10 o'clock Friday morning. The mnjoritj’ of the lawmakers will go to Lafayette tomorrow, and aside from some committee meetings that probably will be held during the day, tomorrow will see the Statehouse almost deserted by the assemblymen. Eleven bills were introduced In the Senate and nineteen In the House. The first bill of the seventy-second session was passed when the Senate, under suspension of the rules, agreed to the specific appropriation bill granting SIOO,OOO for the expenses of the Assembly. The measure was passed by the House Tuesday. Lieutenant Governor Branch urged speedy action on the measure, declaring he “had been paying postage money out of his own pocket since the session had started.” TILT FBOTOKET) IS LOWER HOfSE. Revision of the rules in tbe House as recommended by the committee provoked the first tilt, Beveral members taking exception to tho time, limit of forty-five days for the introduction of hills and to the proviso that a brief must accompany each bill. The Senate Committee on Rules has not reported, opposition to a time limit having developed. Senator Beardsley Is Insisting that no new bills be received after the expiration of thirty days. Objection to the Honse rule presented by Representative Givan, Marior -County, to provide for an explanation of .each bill presented by the author was voiced by Representative Harris, Lake County. Asa result of the argument over the proposed new rules, they were laid on the table and made a special order of business for Friday morning at 11 o’clock. HARRIS REHSkS TO TOTE OX BILL. Representative Harris said he had not bad a chance to familiarize himself with the provisions of the rales, and that he could not vote for them today. He said that on first observation the rule which would call for an explanation of the bills was unnecessary and might result In confusion, and would possibly allow some representative to vote for a bill on the explanation given by the author. "The author of the measure might give his explanation of what the bill would accomplish, but he might miss his guess.” said Mr. Harris. "While the author might be entirely Innocent of the fact, some vicious clause might rehder the bill unworthy of passage.” ALSO OBJECT TO MEASURE. Representative Henry Abrams, Marlon County, and Representative Claude Smith. Gibson County, also objected to immediate consideration of the proposed rule*. On motion of Representative Willis, De 'Kalb County, action on the submitted rules was made a special order of business for Friday. The rule proposed by the committee would make it impossible to Introduce a bill after the first forty-five days of the session unless the majority of the House consented. Representative Harris also opposed this feature. Another new rule to be known as rule 32t4 would provide that all committee chairmen shonld announce at the opening of the committee session, all bills to he considered at that time. REGISTRATION BILL AMONG THE 19. Included In the nineteen bills introduced In the House Is one sponsored by Representative Glran of Marlon County, providing amendments to the registratlon act of 1919. The bill would make It possible for voters who have registered in the wrong precinct, or who have registered In one precinct and moved to an(Contlnued on Page Two.)

ASSEMBLY GETS KENNEDY REPORT Figures Charged Withheld Appear on Solons’ Desks. The financial report of the board of agriculture, which the Legislative Visiting Committee declares was twice demanded and twice refused, appeared on the desks of the members of the Assembly today. Charles F. Kennedy, •ecretrry of the board, declared the reason why the statement was not given to tae committee was that it was In the bands of the printer and was not completed. The report shows receipts for the year totaling $305,975.02, of which $214,100.30 was receipt* from the State fair. The general disbursements are given as $131,786.53 and the State fair disbursements ts $169,791.57, making a total of $301.678.12. This leaves a balance of $7,356.90. The valuation of the property of tho board Is given as $2,022,043.70. The total obligations and Uidebtedness are given ns $400,455.47, leaving a net valuation of $1,613,188.23. The report shows $1,944.07 In warrants outstanding. A movement is under wny for the State to take over-the board which Is now a semi-private organization. Such action was recommended In the report of the visiting committee. SNUB FOR REPS OPPOSED. MEXICO CITY, Jan. 12.—Protest was made today by some of the delegates attending the Pan-American Labor Congress because Communist representatives were not invited to participate.

WEATHER

[Forecast for Indianapolis and vicinity for the twenty-four hours ending 7 p. m . Jan. 13: Fair tonight and Thursday: colder tonight; lowest temperature about 15 de rrees. HOURLY TEMPERATURE. 6 a. m 23 7 a. m 23 8 a. m IS 9 a. m IS 10 a. m 17 11 a. m 17 12 (noon) IS 1 p. m IS 2 p. m 20

Published at Indianapolis, Entered as Second Class Matter. July 25, 1314, at Ind.. Daily Except Sunday. Postofflce, Indianapolis. Ind., under act March 8, IS7.

TAX ON GAS FOR INDIANA PARKS NOT HIGHWAYS Provision of Fuel Bill Springs Surprise When Offered in Senate. HARTZELL IS SPONSOR A tax of one-fourth of a cent on each gallon of gasoline sold in Indiana, the proceeds to go for the purchase of State parks, is provided In a bill Introduced In the Senate today by Senator Lee J. Hartzell, Ft. Wayne. Whilo a gaso.lne tax proposal was expected, the provisions of the bill were a surprise, as predictions had been made that the proceeds cf a gasoline tax would go into a fund fur the improvement of roads. Former Governor James P. Goodrich, In his final message to the Assembly, asked that the possibilities of such a tax be investigated In order that more money might be supplied for roads. It is probable a gasoline tax bill for roads may be Introduced or that the Hartzell bill will be amended to provide that the proceeds be spent on roads. IMPROVEMENT IN HANDS OF BRIO CHIEF. The bill places the enforcement of the act in the hands of the State food and drug commissioner, who has the oil In spectlon department under Ills supervision. It wou.d require a statement by every dealer in motor fuels on or lefore the fifteenth of each month and the tax collected turned over to the State monthly. The bill nuthorlaea proaecut ing attorneys to force the collection of such taxes and provides a fine of $1,090 and six months' Imprisonment for its violation. Senator A. H, Beardsley, Elkhart, Introduced hia bill for proposed change* in the primary law providing that eandldatee for State offices. United States Senator, Governor and Congressman shall (Continued on Page Two.)

Charges His Son IFas Killed by X-Ray Machine Claiming that his son was electrocuted while operating an X-ray in a dental parlor at Seymour, Ind., on July 18, 1920, Thomas A. Cope, admlniatrator of the estate of the late Dr. flatus L. Cope, formerly a dentist at Seymour, today filed suit in Sujierior Court, room 3, for SIO,OOO against the Edwards X-Ray Corporation, of this city. Julliett 1. ffe** riott and W. Morton. Herrlott, the later two doing business under the name of Mrs. IV. M. Herrlott & Son, at 237 North Pennsylvania street. The complaint states that the late Dr. Cope bought an X-ray machine from the defendants May 29, 1820, and charge* that the defendants knowing that the machine was of “dangerous and high voltage” neglected to properly safeguard the lives of the users with the proper instructions. On July 16, 1920. according to the complaint. Dr. Cope, who had a patient in a chair preparatory to taking an X-ray picture of the gums, turned on the current and from 30 000 to 40,000 volts of electricity “leaped and penetrated” the body of Ir. Cope, resulting In his immedlite death. Mr. Cope states in the complaint that he was appointed administrator of the estate of his sen by the judge es the Ohio County Court of Ohio.

PRADOS WOMAN TRIAL DATE SET Reputed Queen of Bandits to Face Court Jan. 18. Nellie Prados, charged with robbery and said to be the ‘‘brains'’ of a gang of reputed hold-up men. will be tried in the Criminal Court Jan. 18, It has beau announced. There are two indictments against the Trados woman, one charging her jointly with Frank Clark, Arthur Wright and Fred Collier of robbing Frank Mosler, who operates a gasoline filling station at 17<’6 South Harding street, of $5.70 and the second Indictment charges her with assisting Collier and Thurman. T. Morrison of holding up and taking SSO from Mary Greenspan, 1706 South Harding street. She has entered a plea of not guilty to both Indictments.

Asks Court to Reduce Payments to Second Wife Who Helped Support First

Ira A. Wells of the Rex Photo Company of this city, the father of five children, four by a former marriage and one by his second wife, who Is seeking a divorce, today fainted and fell from his chair In Superior Court, room 5, when Judge T. J. Moll called for hearing on a petition to modify an order of the court requiring Wells to pay $lO a week toward the support of his second wife and child. As Wells fell from his chair la a dead faint, attendants rushed to his assistance. Judge Moll waited until Wellswas revived and then heard one of the most unusual recitals of two unhappy marriages which has ever been told before him. According to the testimony, Mrs. Maude Wells, now of Madison, Ind., obtained a divorce from Wells in November, 1913. The court ordered Wells to pay his former wife $7 a week for the support of his three children and $S a week for a fourth soon to be born. In court Wells admitted that he was | delinquent to the extent of S7OO on the I order of support. The evidence showed that about a ' month after the granting of the first divorce Wells married Mrs. Effle Gladys Wells, who is now suing him for divorce. Testimony showed that Wpllb' second wife paid his expenses to Madison to attend the divorce trial of bis first wife and since the second marriage has contributed money of her own earning to , aid Wells In paying for the support of

3lnimma dHailg Sintra

Capital j Dolled Up for March 4 , Sore at Ban on Revels WASHINGTON, .Tan. 12—Washington today found itself all dressed up with no place to go. Plans for pageants, carnivals and balls in connection with tho inauguration of President-elect, Harding are being thrown overboard. The Harding inauguration promises to rival in simplicity that of Jefferson, who rode to the capltol on horseback. Hotel proprietors were deluged with cancellations of reservations at $250 a room. People who had ordered new wearing apparel for tho occasion considered themselves wronged. In desperation an unofficial Inaugural celebration may be staged here, backed by the merchauts, hotel keepers and others who risked their money on getting big profits from the March 4 crowds. A merchants' and citizens’ commit tee claims it has SIIO,OOO to spend on Inaugural festivities, despite Harding's wishes, and the decision of Congress to follow them. But Congress still Is In a mood to put a limit on hotel rates, food prices and taxlcan charges and to prohibit erection of stands or selling of seats for the unofficial parade.

HUGHES DELAYS CABINET WORD His Acceptance as Secretary of State Would Hasten Announcement. MARION, Ohio, Jan. 12.—Official announcement from President-elect Harding regarding his Cabinet Is probable within forty eight hours, according to authoritative information today. The appointment of Charles E. Hughes as Secretary of State my he made public In this announcement. It is understood Harding has been waiting for an acceptance from the former Supreme Court Justice und this Is one explanation of the mysterious silence the Presidentelect has maintained for nearly three weeks regarding his Cabinet. lie was prepared to make an announcement ten days ago, but had not received acceptance from Hughes, it is understood. The appointment of Charles G. Dawes as Secretary of the Treasury may also be made at the same time. Opposition In many quarters to appointment of a "political” Cabinet Is causing Harding to make over his list, which was fairly definite ten days ago. The targets of this opposition are Harry 1. Daugherty. Ohio; A. llert, Kentucky; Will Hays, Indiana, and John W. Weeks. Massachusetts. Cabinet positions offered these tnen. It Is said by some, would be In the nature of rewards for political service. Their friends, however, declare they are all men whose ability has been demonstrated and Insist, since they have been trusted advisors of Harding during his political campaign, they should he equally valuable to him after he becomes President. Some opposition to Hays comes from local politicians in various parts of the country who fear he might be able, as postmaster general, to undermine their local political powers. He also has active political opponents in Indiana. One of his strongest supporters, William Boyce Thompson, of New York, was to see Harding today.

CLEARS DOCKET FOR CREDITORS Judge Clifford to Hear Stenotype Claims Next Week. Judge Vincent C. Clifford of Superior Court, Room 4, today cleared Ills docket, for next week to permit consideration of the claims of approximately 1.500 creditors of the Bteuotype Company of this city, now In the hands of a receiver. Beginning Monday morning. Judge Clifford will hear arguments on the priority of the claims,of regular creditors and the war creditors. During the World War the company devoted all Its energy to the manufacture of war supplies. It Is understood that there is about $750,000 to be distributed among the creditors on order of tho court. It. ts thought that there will be spirited argument on the question whether the wur claims should have preference.

his first wife. On Nov. 2 the present Mrs. Wells began the divorce action against Wells, ashing for support of herself and a 19-raonths-old baby. The court at that time. Wells' attorney agreeing, ordered Wells to pay $lO a week to Ills second wife and keep up his payments of S.B a week to his first wife. Wells then filed a petition to have the nniount flxetV by Judge Moll reduced. This the court refused to consider until Wells bad compiled to date with the orders of the court by making payments to his second wife. The evidence Introduced showed that Wells, In November, attempted suicide by drinking poison. He claimed that It was because of the alleged unfaithfulness of his present wife. Mrs. Wells contended that he attempted suicide because she found “compromising letters'' frdm other women In tho pockets of his coat. Judge Moll, after hearing all the evidence, reduced the amount ordered for the second wife from S4O to $25 a month and advised Wells to comply with the orders | also of the court at Madison. I “The court has no sympathy with the I petitioner in this case be ’ause she might j have expected treatment such as she ! clairnß she has received following her : marriage under such circumstances and neither do I have any respect for the defendant,” said Judge Moll. “This court is Interested In one thing and that is that the children resulting from these two marriages are properly supported, j That this court will see to ns far as the Jurisdiction of this court extends.,”

INDIANAPOLIS, WEDNESDAY, JANUARY 12, 1921.

INDIANAPOLIS AFTER STATUTE ON CITY BUYING Purchasing Agent’s Proposal to Obtain Supplies in .Quantity. ADVANTAGES SET OUT Advantages of a central municipal storehouse and a system of city purchasing by which standard articles would be bought in Job lots looking to future needs instead of In driblets as requisitioned by the thirty-nine subdivisions of departments at present, were outlined by City Purchasing Agent Dwight S. Ritter at the weekly luncheon of tile Kiwanis Club at the Hotel Sevcrln today. A bill to make possible the change will be presented to the State Legislature, Mr. P.itter said. The members of the Kiwanis Club recommended that their board of directors indorse the plan as outlined by Mr. Ritter. A demonstration of the saving in time and effort which may be effected by quantity purchasing was a feature of the program, which was arranged by the public affairs committee of the club. Mr. Ritter reviewed the present system of purchasing, which lie declared results in a vast number of small orders, an immense duplication of work, unnecessary delays and higher prices thin tho city could get If total quantities could be considered. ADVANTAGES OF SYSTEM. “The central storehouse system offer* the greatest opportunity for maximum competition, deUberrtlou and investigation In buying by eliminating most emergency orders," Mr. Ritter said. "It provides material at the lowest cost and at the lowest possible permanent Investment; it promote* adoption of standard* by various departments, thus reducing the number of articles used and giving better specifications for uniform information to all sellers; It permits better checking of quantity and quality to maintain the standards adopted; It ■would save many thousands of dollars without added cost and Its records would be Invaluable in budget making. “It furnishes a convenient place for interchange of material or equipment no longer needed by the original owning department and it is an additional safeguard against duplicate payments.” Outlining the present system, Mr. Ritter said : "In the first place, each board has its own funds, whether appropriated by the common council or given it by statute us a special lavy. As these funds enable Hie boards to do the work assigned to them, these departments are very naturally determined to retain control of the funds. The department of public pur chase buys only on receipt of a properly authorized requisition which specifies the fund from which payment is to be made, THIRTY-NINE SOURCES OF RBQt ISITION. "As the work of the boards may !>e segregated among a number of subdivisions and each have someone designated to requisition the needs of fhnt group, we have about thirty-nine sources of requisition and nearly seventy-five delivery points. To make this a little more dear, let me list these sources of requisition for you as follows: “Board of Public Genera! office, rlty engineer, engineering chemist, street commissioners. superintendent of municipal garage engineer of city hall, superintendent of street clenring department, su(Continued on Page Nine.)

CALLS PARLEY ON ROAD WORK Taxpayers’ League to Meet Commissioners. Arrangements were made today by the Taxpayers’ League to confer with the Marlon County commissioners regarding a road building program and other improvements for this year at a luncheon at the Board of Trade Friday noon. Several weeks ago the league protested against the county commissioners allowing any new road improvement contracts while the cost of materials remains high. Tho league requested a complete report of all roads In course of improvement and roads for which petitions are pending, conditions of the bonded Indebtedness of the county and other facts of a similar nature. The commissioners Instructed County Auditor Leo K. Fealer to make a complete report replying to all questions. It is expected that this report will be read at the luncheon. The commissioners have accepted the invitation of the league to attend. South Bend Woman to Succeed_A. R. Erskine Mrs. Anne Studebaker Carlisle, South Bend, today was appointed by Governor Warren T. McCray to fill the vacancy created by the resignation of A. R. Erskine, South Bend, on the State war memorial commission. Mrs. Carlisle Is well known throughout the State by virtue of having occupied a prominent place in suffrage' circles for several years. Deputies’ Vote Ousts Leygues Ministry PARIS, Jan. 12.—The Leygues ministry was overthrown todhy. The Chamber of Deputies, 463 to 125, voted lack of confidence In the government. Leygues left the chamber for the Elyaee to hand his resignation to President Mlllernnd, who was axpected to accept it Immediately. Police Judge Holds Parking Law Invalid Ruling In a parking ordinance case in city court today, Judge Walter Pritchard held Invalid that part of the statute limiting the time for parking In certain sections of the downtown districts. The ordinance In question was amended some time ago, extending the legal time that physicians might leave their machines standing to three hours. Judge Pritchard held that this section was class legislation and therefore Invalidated the ordinance.

Federal Liquor Dispenser

*'***'* ”

CHARLES J. ORBISON, Federal Prohibition Director for Indiana. ‘Pop’ Leppert, Machine Cog, Given Term —Free Deputy Sheriff Signs Appeal Bond on Conviction After Rearrest.

Lorenz Leppert, during wet days proprietor of a saloon in the notorious west end "red light’ district, was convicted in city court late yesterday on a blind tlgsr charge and f.ned $230 and casts and sentenced to srve ninety days at the Indiana State Farm. He it not in jail today. Leppert appealed and his appeal bond was signed by Frank Kempf, 1427 South Illinois street, a deputy sheriff of Marlon County. "Pop'' Leppert, long considered an Important cog in the "good government' 1 political machine, has been convicted three times in State courts and once in Federal Court on charges of violating the prohibition laws, previous to his conviction yesterday, the police say. For that reason the sentence given bv Judge Walter Pritchard carried with ii the heavy imprisonment sentence The case of Leppert has attracted considerable attention since his arrest in August and recent rearrest. Lieut. William Cox found an automobile with a large supply of “white mule” whisky at Leppert'* gasoline filling station last August, but "Pop" denied the ownership of the liquor or the automobile.

2 MORE IN ON OSHEWITZ CASE Total Slated After Cutting Scrape Now Eight. William I.ffey, 31, 430 Agnes street, and Clifford Carmody, 27, 505 Woodlawu avenue, today surrendered to the police and were slated on charges of visiting a gambling house and gaming, in connection with the cutting scrape at 1001'.j Indiana avenue yesterday morning when Harry Oshewltz, known ns "Jew Harry.” was seriously stabbed. Their surrender brings the total arrests In the case to eight, five men and a woman having been slated yesterday, Oshewltz, first sent to the city hospital, has been removed to the Robert W. Long Hospital, where It Is said his condition Is serious. Oshewltz was stabbed numerous times in the legs, arras, bark and abdomen. Walter Brunswick, who gave the Ileler Hotel ns bis address, is accused of wounding Oshewltz, police being told that he acted In self-defense after Oshewltz beat him with a stove poker. Brunswick ts held on charges of assault and battery with intent to kill. Broad Ripple Cars Stop at City Limits Broad Ripple cars will be stopped at the city limits as requested In n petition signed by citizens of Broad Ripple, filed with the public service commission, the commission has been informed. The commission hnd fixed Fifty-Third street as the dividing line for the 5 and 10-cent fare, and the citizens of Broad Ripple complained. Former Member of State Senate Dies Special to The Times. LA PORTE, Ind., Jan. 12.—D. L. Crumpacker, 71, former State Senator from La Porte County, vice presideut of the La Porte Savings Bank and widely known In State political and agricultural activities, dropped dead at his home near Westrille today. Mr. Crumpacker was a brother of the late Judge Jonathan Crumpacker and a cousin of former Congressman B. D. Crumpacker, also deceased. Cork Alderman Given Five-Year Sentence LONDON, .Tan. 12.—Alderman J. J. Walsh of Cork, a Sinn Fein member of Parliament, who was recently arrested ut Cork, hss been sentenced to five years penal servitude, according to an Exchange Telegraph Company dispatch from Cork today. Walsh’s trial was said to have been secret. Walsh escaped from Mt. Joy Jnll In 1919, where ho was serving time for sedition* ntternucea.

■By Carrier, Week, Indianapolis, 10c; Else .vhere. 12c. Subscription Rates: ; By Mail. 50 c p eT Month; *5.00 Per Year. .

Charles “Big Shiner” Mlddaugh also was arrested in connection with the case, and was convicted in city court, while Leppert's case was continued tndefin- | ltely in that court. When "blind tiger" ] charges against Mlddaugh were dls- J missed iri Criminal Court Lieutenant Cox caused the rearrest of Leppert and he was brought into city court, but his attorneys managed to obtain a number of continuances. A change of venue was demanded arid j Frank BerrybiU, an attorney. was ; named special Judge. When Leppert ap- j ''•■■red in court yesterday lie told Ills attorneys he would not be tried by Berry,ii i. they replied that they would not withdraw Jiis affidavit asking for s change of venue. Ira Holmes und Fred Bonlfield withdrew from the case as at torneys for Leppert. Then when "Pop" j asked to be tried by Judge Pritchard, > Berryhlll vacated the bench. Leppert is the man with whom Prosecutor Claris Adams compromised two judgments on forfeited bonds which were at that time collectable. By this compromise Adams saved Leppert at least $1,500.

JURY RETURNS 9 INDICTMENTS Partial Report Made After Month’s Work. Nine Indict mants wore reported to Judge Albert n. Anderson today In a partial report made bv the Federal grand jury, which lias been In session for more than a month. As none hf the persons indicted is under arrest, Frederick Van Nuys. district attorney, said he was not at liberty to give out names or addresses of any Individuals named, it was generally believed about the Federal building that a larger number of Indictments would be returned. The grand jury probably will continue its Investigations for at least another month And before It adjourns will, take up the matter of alleged violations of the Lever act In the production, distribution and supply of bituminous coal, for which 125 miners and operators already have bwn indicted. Man’s Leg Fractured by U. S. Mail Truck Grant Myers, 56, 145 East Michigan street, suffere a fracture of the left leg when he was struck by a mall truck driven hy Frank McGennes, 254 North Mount street. The accident, occurred at the easl driveway of the Federal Building last night. Sold Leased Auto; Man Gets Freedom Ponding the making of complete restitution in a financial way for selling a leased automobile, Car! Tatlock was permitted to remain at liberty on n withheld Judgment by Judge James A. Collins of the Criminal Court. Tatlock, who was charged with selling leased property, was found guilty hy the court and Judgment was withheld. John L. O'Hern. charged with keeping a gaming house, failed to appear In the Criminal Court today and his cash bond of S3O was declared forfeited by the court. Sinn Fein Repulsed in Rush on Prison CORK, Jan. 12.—A bold Sinn Fein attaek on the British barracks was repulsed early today by the military. A large Sint! Fein party rushed the barracks. attempting to scale the walls to release prisoners within. No arrests were made. DUBLIN, Jan. 12.—British soldiers, after battling as in open warfare, reported today the destruction of a Sinn Fein camp at Gerrybawn, an uninhabited section of County Monaghan. ,

LAST HOME EDITION TWO CENTS PER COPY

U. S. DRY DIRECTOR WRITES OUT ORDERS FOR POLICE _ TO FILL Violates State Laws by Giving Away Liquor Illegally and Removing It From Jurisdiction of Court. NOTE IS OFFERED IN EXPLANATION It became known yesterday, as a result of the dissipation of evidence in a police court case, that Charles J. Orbison, Federal prohibition director for Indiana, has established a whisky dispensary in connection with hia office and is directing the removal from the custody of the Indianapolis police force for use as a “medicine” whisky which has been seized by the police and must be destroyed, according to the Indiana prohibition law v

It was disclosed that the police are now bolding a number of written orders from Orbison, on the authority of which they have dispensed to individuals whom he has favored, whisky in quantities less than a quart on the theory that the whisky is to be used “for medicinal purposes." Judge Will S. Sparks. in the trial of Louis and Julius Haag, ruled that no other intoxicant than grain alcohol may be legally prescribed, s or given away for medicinal purposes In the State of Indiana. Under this interpretation of the prohibition law, which was appealed to tho Supreme Court of Indiana, the Haags were convicted of operating a blind tiger when they sold whisky on a prescription from a physician, Charles J. Urbison. without even the color of a physician's license, is now dispensing whisky "for medicinal purposes" by tho mere process of asking tlie police to give a quantity of whisky to the individual whom he may designate, and the police of Indianapolis are assisting him in tile dispensation by filling his orders. SHORTAGE EXPLAINED BY ORBISON NOTE. An example of how whisky may be obtained !f Oi bison desires the recipient to have it, became public yesterday when a shortage in the amount of whisky held as evidence In a Dolloe Court trial was explained by the submission of the following note from Orbison: "Ploaee deliver to IV. B. Walker, 245 South Walcott street, city, one pint of whisky for his wife, Mrs. W. B. Walker, who is suffering from stomach trouble. This is by orde>r of I)r. Thos. Beasley, 415 Newton Clay pool bldg. “Yours truly, I “( harles J. Orbison, "Federal Prohibition Director for Indiana.” Dr. Thomas Beasley today issued the following statement: "I never prescribed whisky for Mrs. Walker or any other patient, and I never had any communication whatever with Mr. Orbison. "The ue of my name in connection with the order for whisky wns without my knowledge or coisent and Is wholly unjustified. "Both Mr. anil >lr*. Walker have in the past been in my employ. Sirs. YValker Is suffering from cancer of the stomach and was under the care of a stomach specialist. I do not treat stomach eases, hut confine my practice to diseases of the lung, "Recently, because of my acquaintance with the Walkers, I have been helping Mrs. Welker to carry out the treatment advlsrd by a stomach specialist, but I do not regard lier as a patient in the professional sense of the word and I rcrtalnly have not 'ttnnpted in any way to induce Mr. Orbison to provide whisky for her or any one else." IV. Is. Walker and Mrs. Walker live with a granddaughter at 245 South Wolcott street and neighbors say that Mrs. Walker has been confined to her bed for

Police Hold 75 or 80 Orders, But Refuse to Tell Names

Efforts to obtain a list of the names of persons to whom the police have issued whisky on orders of Charles J. Orbison, Federal prohibition agent for the State of Indiana, failed. Lieutenant Forsythe stated that he had an order for every hit of whisky given out and estimated the number of orders written by Orbison from seventy-five to eighty. He declared these orders, all signed by Orbison, never called for more than one quart and many times for only a pint of whisky to be Issued to the person named in the order. He stated that he would not give out tills list unless ordered to do so by Chief of Police Jerry Kinney. An appeal was made to Chief Kinney, who “passed the buck” to Orbison. He salil: “Orbison has charge of all whisky in the State, and I feel that this list should he made public by him and not hy me, as I am only acting under hla orders when giving out whisky. “During the war. before I was chief, they gave out whisky to the Red Cross for medicinal purposes. I understand that ninety gallons at one time was turned over to the Red Cross. Then Mr. Boy Killed by Car A boy, believed to be David Underwood, 10. was run down and killed by a street car on Virginia avenue, near McCarty street, shortly after 2 o'clock this afternoon. The police are investigating. Family Willed All of Dodge Fortune DETROIT, .Tan, 12.—Tho will of Horae# F. Dodge, automobile manufacturer, who died In Florida a month ago, was filed in Probate Court here today. The will left the entire estate to the family and did not give the extent of the fortune, hut In automobile circles It was estimated at between $50,000,000 and $00,000,000. U. S. to Take Appeal in Live Stock Case WASHINGTON. .Tan. J2.—An appeal from the decision of Judge Van Vnlkenburg of KanSas City, Mo., restraining the enforcement hy criminal proceedings of an order Issued by the Secretary of Agriculture against increased commission for selling and handling live stock, has been ordered by Attorney General Palmer. It was announced today. The Injunction was granted Dec. 31 at the request of live stock firms agMnst the district attorney for western Missouri

NO. 211.

some time. Walker was listed in the city directory in 1919 as a gardener and in 1920 as a laborer. WHAT STATE LAW SAYS ON SUBJECT. Liquor held bv the police in Indianapolis is liquor which has been seized under the provisions of the Indiana prohibition law, which says: Liquor seized as herein provided, and the vessels containing it and such fixtures and articles snail not bo taken from the custody of the officer by a writ of replevin or other process while the proceedings provided herein are pending, • * *. When such liquors, vessels and fixtures are seized as provided for in section 25 of this act, it shall be the duty of the court to fix the time for hearing and determining tho purpose for which such liquor Is kept. If, at such hearing it is found by the court that such liquor vessels and fixtures are kept for the purpose of selling, bartering or disposing of intoxicating liquor In violation of the law, the court trying the case shall order the same destroyed forthwith. CONSTITUTES TWO VIOLATIONS OF LAW. In the delivery of liquor to Individual* on the order of Orbison the police are violating the liquor laws of Indiana in two ways, giving away liquor illegally and removing It from the Jurisdiction of the court. In tbe Walker case, still another statute has been violated, insomuch as the liquor given to Walker on Orbison - * order was evidence in a cause pending in city court and its dissipation was a violation of the State law against the destruction of evidence. Investigation discloses that Orbison has been using the pretended authority of his office for tbe dispensing of whisky for some time, Lieutenant Forsythe, who lias charge of the whisky stored at the police headquarters, being authority for the statement that he has received and filled at least twelve such orders a month. Orbison recently asked a newspaperman not to make public the fact that he was dispensing this liquor and In the course of his conversation admitted that he had no authority for the dispensation. He attempted to Justify it on the grounds that the liquor was only dispensed for "medicinal use," but he gave no explanation as to why he should attempt to do what Judge Sparks held could not be done without violation of the Indiana prohibition law. The Federal statutes provide for the sale of whisky as a medicine and in other States physicians' prescriptions are filled by druggists. In Indiana druggists are not permitted to handle whisky for that purpose because of the generally accepted ruling of Judge Sparks that the only intoxicating liquor that may be legally sold on the prescription of a physician or any other way 1* pure grain alchohol.

Orbison was appointed and took charge of the liquor, since which time I have acted under Ills orders. CHIEF SAYS HE HAS ABOUT EIGHTY ORDERS. “I believe we have received about eighty orders from Mr. Orbison for liquor to ho issued to persons holding these orders. All of these orders are In th# possession of Lieutenant Forsythe. W# can account for every drop of whisky brought In by the police on raids, for it is checked up by the captnln on duty. The amount is recorded In a book kept for that purpose, and Lieutenant Forsythe then checks up before he signs th# (Continued on Page Two.)

TODAY In CONGRESS

SENATE. Foreign Relations Committee to discuss Borah disarmament resolution. Finance Committee considering bill banning opium export*. Chairman Clark of the I. C. C. appear* before Interstate Commerce Committed on the veto of resolution suspending operation of section 10 of the Clayton act. Senator GTonna to Introduce bill regulating trading In grain futures. Immigration Committee continues hearings. Senate expected to discuss plans for Harding Inaugural. HOUSE. Secretary Daniels outlines to Naval Affairs Committee relative strength of world navies. Ways and Means Commute# opens hearings on revision of tariff on metals. Foreign Affairs Committee resumes hearings on bill to consolidate European relief work. Appropriation* Committee expected to report Indian affairs appropriation bill. South Dakota bankers before Agriculture Committee on bill to prevent speculation in grain and cotton futures. Subcommittee on expenditures in War Department begins investigations of Army’s real estate holdings. Shipping Board Committee continues its investigation of reported waste.-i Rivers and Harbors Committee considers appropriation. Educational Committee meets to consider Fess bill for promotion of physical education. Postoffice Committee continues hearings on reclassification *f postoffice workers. f