Indianapolis Times, Volume 33, Number 297, Indianapolis, Marion County, 22 April 1921 — Page 19

NEWS IS NAMED CO-DEFENDANT IN $200,000 SUIT (Continued From Pajje One.) newspap'r and said Richard Smith to be managing < .itor of said newspaper and said Wil iam H. Blodgett to be a special “reporter of said newspaper; that said Delavan Smith. Louis Howland. Richard Smith and William H. Blodgett are and for a long time past they have been obsessed with mental and moral obliquity and because of this quality of character which they respectively held and enjoyed alike and In common, they became Intimately affiliated and attached to one another and together they became as a cabal within the editorial department of said Indianapolis News and they functioned with one another as such and in so doing they worked In accord to bring about and attain the consummation of said editorial policy of arbitrary and selfasserted mastery over men and measures affecting alike both individuals and society and they adopted and pursued a common purpose and design to control the administration of public offices and public affairs and the fortunes of individual welfare in and about the city of Indianapolis and in and about the State f Indiana and of the United States and particularly in these areas which contained the markets for said goods, wares and merchandise of this plaintiff and where his property was situate and administered and where his civil rights were to be exercised and enjoyed, and they adopted and pursued habitually the custom of making their said newspaper the vehicle of detraction and mnllce . order to injure and destroy those who should stand out against them and oppose them, including this plaintiff.

SAYS THEY KEPT OWNERSHIP SECRET. “And plaintiff further says that by frequent contact with one another the •aid Delavan Smith, Louis Howland, Richard Smith and William H. Blodgett become exposed to and affected with degeneracy and thereupon pretending to carry on their affairs with candor and with fidelity to the public welfare they falsely and fraudulently concealed from the public the truth as to who owned the said Indianapolis News and thereby they protected, as they designed and purposed to do, the true and lawful owners of said Journal, to-wit. the said Charles Warren Fairbanks in his lifetime and his said children after his death, against moral and social visitation, influences and persuasion by the offended public to correct the Bald editorial policy of said newspaper and the said methods employed to carry out said policy and bring it to attainment, and thereby they shielded therngelves against tlie corrective force of truth and morals in their own supervision. direction and control; that professing to eschew as a contaminating influence any affiliation with or approval of those who, upon transgression of law had been sentenced to penal servitude, they employed a former inmate of the State's penitentiary as their counsel In matters affecting the administration of Justice and they sought the betrayal of their adversaries in litigation by clandestine and unlawful conferences with the Counsel of said adversaries; that processing to espouse purity of Justice they became the beneficiaries of the unlawful rape of a Jury box. whose contents were sequestered and surveyed to the effect that those who would thereafter be called as talesmen could be known in advance of the drawing of the jury; that protesting against delinquency in social virtue they pretended to make true reports of their affairs in. the performances of public duties, but in fact they made and caused to be made false reports knowingly and wilfully; that pretending to promote the true and lawful welfare of the mercantile Interests of their community they In fact connived against it. and were false to those who protested and deceived them; that proclaiming their own veracity they exposed themselves to indictment for perjury and libel and they were indicted and they were made defendants in civil actions of libel and they confessed; that pretending to have the tenantry of an ecclesiastical faith they; lived la defiance of principles espoused by the church to whom their fidelity was plighted; that protesting loyalty to their country and its institutions at their hour of .peril in the World's War they furnished pro-German intelligence service and they came under surdlanee; that the said defendants, Detain Smith, Louis Howland, Richard ,iliUh aiid William H. Blodgett, have Rs Indianapolis News the vehicle of detraction and malice; that said acts, habits and customs of the said Delavan Smith, Louis Howland, Richard Smith and William H. Blodgett and many other*acts, habits and customs of them of like kind and similar purpose were arts, habits and customs of common notoriety and they were known to the present owners of said Indianapolis News Publishing Company and to said company at the time said corporation was formed and forever thereafter, or they could have been known to said owners by the exercise of reasonable diligence on their part and should have been known to them; that notwithstanding said knowledge on the part of said corporation and its owners they have negligently, carelessly, wrongfully and unlawfully kept and retained in their services and in the relative positions and situations aforesaid the said D*lavan Smith, Louis Howland, Richard Smith and William U. Blodgett and negligently, carelessly, wrongfully and uulawfuly permitted and enabled them to continue their said custom of habitually to make said Indianapolis News the vehicle of detraction and malice."

DEFINES AND DESCRIBES OTHKK DEFENDANTS. The complainant then states that The Henkel Publishing Company, one of the defendants to the damage suit, publishes The Brazil Daily Times at Brazil, Ind., and that the defendant Jesse E. Each bach is a member of the department of supervision and inspection of public offices; that defendant William F. King is assistant secretary of the State board of health. The suit then sets up in detail the alleged overt acts of an alleged conspiracy entered into by the defendants to "maliciously reduce him to insolvency and maliciously drive him out of busiuess and maliciously injure him in the exercise of hts civil rights and maliciously •<>ny him the enjoyment thereof and mauCiousiy prevent him from making contracts and carrying „n his business and maliciously defeat him in his right and attempts to make and earn a livelihood for himself and those dependent upon him" and also "confederate and agree together and with one another maliciously to pursue this plaintiff and mailclously reduce him to insolvency and maliciously drive him out of business." As a major part of the purported conspiracy, the complainant alleges that another object of the “conspiracy" was to “maliciously forestall and defeat him in his right to have and obtain justice In the courts and elsewhere.” The plaintiff then sets tip a number of purported overt acts entered into by the defendants in “furtherance of their said conspiracy,’ - as follows ; That the defendants “contrived a scheme and plan of pubficity to Incite such condition of the public mind as would leave no room for doubt that if the court acting in causes to which this plaintiff was a party, awarded relief to plaintiff it would be subject to such odium and hatred as to restrain it from its true sense of duty." Thst the defendants “contrived a scheme and plan of publicity Intended to produce the Impression that any order which might be rendered by the court Ip. the discharge of its duty, if in farvor of the plaintiff and not in accord with the conceptions which the publications were sustaining, would he disregarded by the public and cause a shrinking by the court from Its performance of duty to avoid the turmoil and Tioienee which the publications invited." That the defendants ‘‘contrived a

scheme of publicity to produce In the popular mind a condition which would give rise to a purpose iu practice to refuse to respect any order which the court might render if in favor of this plaintiff, and if in conflict with the position espoused by said publications.” That the defendants “contrived a scheme of publicity to create the impressions on the mind of public officials charged with the duty of erecting, constructing, overhauling, remodeling and repairing school bouses and other public buildings and of accepting from contractors schoolbouses and other public buildings erected, constructed, overhauled, remodeled and repaired, before whom plans and specifications were under consideration or about to be under consideration which admitted to competitive bidding the said instruments, equipment and devices for heating and ventilating buildings, equipment and devices or heating and ventilating buildings, manufactured, produced and sold by this plaintiff as aforesaid, including instruments, equipments and devices manufactured, produced and sold by plaintiff pursuant of his rights under said letters patent hereinbefore mentioned, that said public officials could not determine any matter before them affecting this plaintiff's interest but the one way and against this plaintiff without giving rise to such a state of suspicion as to the integrity and fairness of said officials' purposes and motives as might engender a shrinking on the part of said officials from their true sense of duty." That the defendants "contrived a scheme of publicity" which Intended "to produce the Impression" among public officials in awarding certain contracts to cause certain officials of "shrinking'’ from their performances of duty “to avoid the turmoil and violence which the publications invited." That the defendants “contrived a scheme of publicity to produce in the popular mind a condition which would give rise to a purpose in practice to refuse any action in favor of this plaintiff and not in accord with the conceptions which the publications were sustaining, taken by public officials charged with the duty of erecting, constructing, overhauling. remodeling and repairing school houses and other public buildings and of accepting from, contractors school houses and other public buildings erected, constructed, overhauled, remodeled and repaired." NUMEROUS ARTICLES SET OIT IN PETITION*. The suit then goes into detail under the head of alleged overt acts and sets out numerous articles said to have been printed In the Indianapolis News in "furtherance of their said conspiracy” against the plaintiff. The complaint claims that on the date of March 9, 1921, an article was published in the Indianapolis News under the title of: "School Contracts Are Under Probe. Accounts Hoard Says Specifications of Snider A Kotx Give Shipp A Cos. Advantages.” It is alleged that on March 9, 1921, the Indianapolis News published an article under the head of; "Text of Accounts Board Letter to School Board Engineer and Extracts from the Reply." It is alleged that on March 19. 1921, the Indianapolis News published an article under the title of: "State Health Board Is Defendant in Suit." It is set out in the complaint that the Indianapolis News on March 11, 1921, published an article under the title of: "School Contracts Under Discussion. School Board Attorney Advises Members to Abide by Eschbach's Action," eto. It Is charged that on March 11, 1921, the Brazil Daily Times published an article under the title of "Shipp Is Again Under Suspicion. TownMiip Supply Man, Indicted In Clay Circuit Court for Crooked Work, Is in Limelight,” etc. It is claimed in the complaint that on March 12, 1921, the Indianapolis News published a certain defamatory and malicious article in the rods and figures, to-wit: "Bruiil Recalls School Scandal. "Roferen<* to C. C. Shipp In Connection with Indianapolis School Contracts," etc. The plaintiff alleges that In furtherance of the "conspiracy," the defendants caused to be published In the Indianapolis News on March 14, 1921, an article unde.r the following head : “Record of Shipp's Clay County Works Board of Account’s Report on Deals He Made With Trustees Who Were Convi< ted.” etc. This article bore the name of W. H.

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Blodgett, as staff correspondent of the Indianapolis News, the complaint states. ANOTHER OF DATE MARCH 15 CITED. It is alleged on March 15, 1921, the Indianapolis News also contained another alleged "defamatory and malicious article" regarding the plaintiff. The plaintiff claims that on March 16, 1921, tlie Indianapolis News published an article under the head of: "Snider Contracts Illegal, Is Opinion! Tax payers’ la-ague Acts In School Board Ad'lser and Engineer’s Controversy,” etc. On March 19, 1921, It is stated in the complaint that the Indianapolis News published an article under the title of: "Stands by Protest on Plumbing Plans," etc. It is alleged that on March 21, 1921, the Indianapolis News published an article under the title of "Files Suit Against Officials of State. C. C. Shipp Says That Badness Has Been Damaged. Seeks Injunct.on Order.’ It is charged in the complaint that on March 21, 1921, the Indianapolis News published an article under the head of “Specifications Are Ordered Modified,” etc. It Is charged that on March 24, 1921, the Indianapolis News published an article under the head of “Engineers To Probe School Controversy." etc. It is also alleged that on March 26, 1921, the Indianapolis News published an article under the head of "Shipp’s System Is Stored by Expert," etc. Also on March 29, 1921, the Indianapolis News, according to the complaint, published an article under the head of “Grecntown and Indianapolis.” The complaint alleges that on March 30, 1921, the Indianapolis News published an article under the title of "Hitt Eonerated by Investigation," etc. The complaint then charges that on April 5, 1921, the Indianapolis News published an article under the title of "Attorney Eeaves School Board. Bilker Says in View of tho Attitude of Majority He Cannot Remain With Self-Re-gpeef,” etc.

THEN AGAIN OF DATE APRIL 11. It Is alleged that on April 14, 1921 The Indianapolis News published an article under the title of "Objections Trivial, Aerologist Reports. Allxander School Ventilating System Examined, Shipp Asked an Inquiry." The plaintiff claims that the Indianapolis News on April 13, 1921 published an article under the head of "Regards School Board Affairs as Disgraceful." The final paragraphs of the complaint states: "And this plaintiff further says that said publications and each of them did accomplish the said alms, intents and purposes of said defendants as hereinbefore set forth and said publications, and each of them did in effect aid said conspiracy and accomplish the ends thereof all to the Injury of this plaintiff in his said property, reputation and rights in the sum of $200,000. , “Therefore, plaintiff demands Judgment for J 200,000 and he prays for all proper relief.” The complaint gives in detail all of the alleged malicious newspaper articles. Mr. Rooker, when asked concerning the case, stated that he hail "no statement to make at this time, but would reserve all when the case comes to trial." The complaint is one of the longest filed in the local courts for the last two years. HOWE TO MAKE RACES EQUAL AT CITY HOSPITAL (Continued From Page One.) thrown upon him, but he struggled bravely to please. "Dint say that I am evading this question." he carefully began. “Tbere is no question about the desirability of having colored women train for nurses at the city hospital." The chairman then said he eonld not imagine what the indy was referring to when she mentioned "Jim crow" laws. He said he did not know that we have any. “I mean the ‘jim crow' laws in the parks,” the now indignant woman replied. “We pay taxes and we can't go to the parks.” The chairman sent out a hurry-up call for help.

INDIANA DAILY TIMES, FRIDAY, APRIL 22,1921.

"Is Dr. Furnlss In the crowd?” he called. “Yes,” answered the negro councilman, and started for the stage. "There never has been a negro kept out of a city park in the last three years,” he shouted. On the contrary, he said, police protection has been given them. He said that one Sunday he personally knew that 100 officers were sent to Riverside Park to protect the colored people. 4 NEGROES, 32 WHITES WERE ARRESTED. “And they arrested four negroes and thirty-two white men.” he said. The crowd applauded. Negro girls can enter training as nurses at the city hospital as soon as the city 'council passes the ordinance providing for a bond issue of $500,000 for the construction of a nurses' home, he said. He said that four counoilmen who are for Samuel Lewis Shank for mayor are holding up passage of the ordinance. lie said neither Mr. Shank nor Mr. Robison are friends of the negro race. In a speech before an audience of thirty, mostly women, at 2933 Paris avenue, Professor Howe made one of the very definite statements of what he expects to accomplish as mayor. He said that next yenr "we can reasonably expect a reduction In the tax levy of from 10 to 15 cents on the SIOO. ne continued to predict that terrible things might happen within the next four years and that therefore there must not be a government in the city hall which Is liable to disappear overnight and berated Mr. Robison for his pledges to get public work, such as ash and garbage collection, and street repairing, done by private contract and to make i the Citizens Gas Company live up to the law and its franchise. WANTS CITY OF HOME OWNERS. Encouragement to industry and home owners were the themes dealt with by : Professor Howe at noon today in a ; speech to the employes of the American Foundry Company. The question of taxes also was covered. “We niust be able t.o say that Indianapolis is a good place in which to own a home,” Professor llowe said. “We want to make it a city where it will be profitable for every family to live in its own home, where owners can take satisfaction and pride in their ownership, unburdened ;by a load of debt. We should therefore : encourage home owning. This can be ; done only by promoting industry, thrift, ! the maintenance and location here of 1 great Industrial enterprises, by best pos- , sible conditions of living, by low tax S rates and high effieleney in government, favorable alike to the employer and the humblest !abore.r who toils with his own hands. As mayor, I shall deem It my duty to eneourage new Industries to come to our city for the mutual benefit of employer and employe, and to the end that our citizens may always be employed.” The Howe meetiugs scheduled for today follow: Noon, American Foundry Company, Professor llowe; 3 o'clock, 2010 Yaudes street, Professor llowe, Mrs. (’. H. Foster, Mrs. E. R. Donnell and Mrs. Lorianna Young; 3:30 o'clock, 585 West Twenty Fifth street,. Professor Howe, Mrs. Foster and Mrs. Donnell; 4 o'clock, 1935 Bellefontalne street, Professor Howe, Mrs. Foster, Mrs. Young and Mrs. Donnell; 7:45 o'clock. 203>4 South Audubon mad. Professor Howe, the Rev. Henry Herod, Mrs. Young, Clark Highbaugh, Mrs. Arthur Robinson, Mrs. Foster; S o’clock, 553 North Temple avenue. Professor Howe; S o'clock, 1010 South West street, Claris Adams and Mrs. Young, 8:30 o’clock, M 0 West TwentySeventh street, Professor Howe, Mrs. Donnell and William P. Evans; 9 o'clock, Twelfth and Missouri streets, Professor llowe, Mr. Adams, Remsfer Bingham, Bud Corley, Miss Eleanor Barker and E. L. Johnson, Jr.; 9:30 o'clock, 1150 'North Sheffield avenue, Professor Howe, Miss Barker, Mrs. Young, Bud Corley and the Rev. It. P. Christian. Fire Causes Damage to Automobile Tires Spontaneous combustion in a pH* of rubbish caused a tire on the third floor of tho building at 416 North Capitol ave- ! nuo, at 12:35 a. m. today. The H. T. I Hearsay Company occupies the first two ] floors of the building. The La Fay- | etto Motor Compntiy occupies the third floor and It was in this company's storage room that the fire s*.irted. Damage to automobile tires was estimated at SI,OOO.

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