Indianapolis Times, Volume 34, Number 78, Indianapolis, Marion County, 11 August 1921 — Page 12

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Money to Loan on New Dwellings and Medium Priced New Apartments jfirtrljcr parings anti Crust Company LIQUOR RULING ’ NOT DISTURBING Judge Pritchard’s Decision Largely Technical as Affecting Law Enforcement. Tli# ruling of City Judge Walter Prtbchard that the possession of a gallon or less of Intoxicating liquor “rightfully acquired” for personal use. before the passage of the 1921 amendment to section four of the 1017 Indiana prohibition act. Is legal, may result In the police und the prosecutor working npon different lines In the enforcement of the prohibition statute. Judge Pritchard made the ruling In the case of Nicholas Smith, 1823 North Chester avenue, who was charged with violating the prohibition law by having a small quantity of liquor la his home. The defense attacked the validity of the search warrant and contended that the liquor In question was obtained “legally," having been In the home for years for medical purpotca. WHY RULING IS IMPORTANT. The court's ruling is Important because It Is the first time that an Indiana court has been called upon to interpret the scope of an amendment made to section four of the 1917 prohibition act by the last general assembly. The defense contended that the 1921 amendment did not repeal the clause of the original act which permitted a citizen to have in his possession a certain quantity of intoxicating liquor prior to the enforcement of the l'Jl7 prohibition statute. Judge Philchard in passing upon the points in question, held as follows: ’•Dong ago, Chief Justice Marshall laid down the proposirlon that the power to regulate implied the power to prohibit: that questions of power do not depend upon the degree to which they may be exercised. Without elaborating, it is onr opinion that the Legislature has the power, under the constitution," to prohibit the possession of intoxicating liquor. QUOTES OLD LAW PRINCIPLE.

“The fact that the Legislature did not repeal Section 35 of the so-called blind tiger act, is. In our opinion, of no importance, as the Supreme Court has held that this section docs not define a public offense, but merely defines a rule cf evidence. “However, it is an old principle of interpretation of statutes that, if a section Is susceptible of two construction, one favorable to the defendant and one unfavorable, it Is the duty of the court to give effect to that construction which is favorable. In the recent amendment of Section 4 of the prohibition act, several coordinate clauses are separated by the disjunctive ‘or,’ but all in the same section, which sentence ends with the phrase, "in violation of the laws of this State.’ If this phrase may or may not modify the word ‘possess’ used in the first clause of this section then it is the duty of the court to construe It as modifying the word, making the clause read •it shall be unlawful to possess intoxictlng*llquors In violations of law.’ ” “It is the court's opinion that intoxicating liquor in less quantities than a gallon rightfully acquired for his own us# before the passage of this amendment is lawfully held,” the court held. AUTHORITIES NOT DISTURBED. In numerous cases in the city court the police have testified of finding small quantities of whisky, such as two halfpint bottles filled with whisky, in a man's home and arrests have been made on the finding of that small quantity. Convictions have often resulted on proof of possession of small quantities. Tbe ruling of Judge Pritchard is not very disturbing to the authorities because It is pointed out that there generally Is sufficient evidence to indicate when and how liquor has been purchased. Also the original act holds that it Is prima facia evidence that quantities of intoxicating liquor in amounts larger than exempted in the 1917 act Is held for purpose of sale. The point at issue appenrs to be—has the whisky found In small quantities in homes been purchased prior to the enactment of the amendment to the prohibition act? Federal revenue stamps will also have an important bearing in determining this factor, authorities contend. Judge Will Sparks, who presided in the Haag case in the Criminal Court, held that a druggist in this State has no legal right to sell whisky fur medical purposes.

MARSHAL FOCH LEGION GUEST Head of Allied Forces to Attend Convention. KANSAS CITY, Mo., Aug. 11.—The Nation's reception here will be extended to Marshal Koch when he visits this country to attend the third annual convention of the American Legion, which will take place In this city Oct. 31, Nov. 1 and 2, according to Charles W. Bartlett, chairman of the convention's distinguished visitors’ committee. The usual ceremonial attending the debarkation of the distinguished flgnre will take place In New York. Following a visit to Washington, where he will present his respects to and receive the welcome of President Harding, the marshal of the allied armies will be conducted directly to the convention city. “Our committee has been besieged by appeals for aid In securing the promise of Marshal Foch to visit cities in all parts of the country,” said Mr. Bartlett yesterday. “We have received communications from Chicago, Denver, San Francisco, Portland, Seattle, Ft. Worth and many other cities. Obviously Marshal Foch will be nnable to honor all these requests. Hence it la advisable to establish the convention city at the place where the Nation will pay Its formal respects to the interallied commander. It is understood, however, an elaborate Itinerary is planned following the convention.” Airplane Can’t Drop PARIS, Ang. IL—They are claiming great things In Holland for anew helicopter designed by a German. It is said that It can make 312 miles an hour, ascend and descend vertically, remain stationary in the air and cannot falL WISHES SON ARRESTED. HARTFORD CITY, Ind., Aug. 1L— Edward Wolverton of Roll Is making aa effort to effect the arrest of his son, Harry, and two other Roll youths who left Sunday taking Woivertou’s autoautne.

TAX BILL FOR NEXT YEAR TO BE KNOWN SOON With Treasury Suggestions Overthrown House Committee Hurries. LOSSES TO BE MADE UP WASHINGTON”, Aug. 11.—By the end of next week the Nation will know definitely what Us tax bill for the next year Is to be. Elated by its success in overthrowing Treasury recommendations almost in their entirety and continuing to make changes as they see fit, the Republicans of the House Ways and Means Committee redoubled their efforts today to rush the bill to completion. The excess profits tax Is to be repealed as of Jan. 1, 1921, and losses estimated from this source are to be made np in part from an lncreaso of u per cent flat on the 10 per cent tax on corporation incomes. NEW SURTAX MAXIMUM 32 PER CENT. All the higher surtaxes are repealed and anew maximum of 32 per cent established with graduated surtaxes up to this amount for the calendar year 1921, to be reduced to a surtax maximum of 2o per cent Tor the calendar year 1922. The transportation taxes on freight, passenger, seats and berths are to be repealed Jan. 1, 1922, but the taxes on express are not included In the action taken by the commictee. 'The taxes on ice cream, soda waters and soda fountains taxes are repealed. The bottled beverage taxes are shifted to the manufacturer with taxes imposed on flavoring syrups and carbonated acid gas. On cereal beverages, like near beer, the tax is increased from 15 per cent ad valorem to 2 cents a gallon; on grape juice and drinks, from 10 per cent ad valorem to 3 cents a gallon; on carbonated acid gas, 5 cents a pound; and on finished or fountain -..yrups, 10 cents a gallon—all to be collected frpm the manufacturer. STRAIGHT TAX

ON MEDICINES. A straight 5 per cent tax Is levied on proprietary medicines instead of the existing stamp taxes order that the tax may be collected from the manufacturer. An exemption is allowed on the first SSOO received in income on stocks or in interest from building and loan associations for the purpose of encouraging investments in such associations and home building through their assistance.* The Ways and Means Committee plans to present the completed bill to the House next Monday, have it adopted In a Republican caucus Monday night and passed by the House before the end of the next week. RECESS HOPE HELD OUT TO SOLONS. Republican leaders in Congress oiled the wheels of the legislative machinery and dauged the hope of a thirtyday recess befire the eyes of the lawmakers with the promise that they could have It if certain expectations of the Administration are fulfilled during the coming week. Differences of opinion exist between Senate and House leaders as to the probable date for the beginning of the proposed summer vacation. Senate chieftains insist that the measures upon which action is demanded by President Harding before a recess can l>e taken may be disposed of by Aug. 20, while House leaders declare that it is likely to take longer. BIG MEASURES HANG EIRE. Despite the fact that the present extraordinary session of Congress was called for the express purpose of revising the revenue laws and enacting anew tariff law, neither of tho pending bills has reached the stage where it can be acted upon finally, so the Administration has turned Us attention to other measures. The program which the President has communicated to Congress Deludes the passage of the taxation bill by the nouse and its reference to the Senate Finance Committee, the passage by tho House of the Administration bill to authorize the War Finance Corporation to make advances for the exportation of agricultural products, final action on the bill to provide favorable regulation of grain exchanges, and passage of the resolution extending tho emergency tariff bill for two months.

PRINTER TO GET REVEN't/E KILL. The revenue bill Is expected to go to the public printer Friday or Saturday of this week. If this schedule is adhered to it can be formally Introduced in the House Monday and referred to a Republican caucus on the evening of the same day. Every effort will be made by the Ways and Means Committee and the Republican leaders to Jam this bill through before the end of next week, but the Senate Finance Committee may not be able to get it until a week later, or on Aug. 27. Passage of the other measures on the President's program may not be effected as easily as hoped for. Insane Woman Flees Officials Special to The Times. COLFM 808, Inti, Ajug, 11.—Flowing from pursuing officers, Mrs. Laura Ella Roddick, wealthy widow of this city, led Sheriff John W. Phillips and Constable John Bevls a merry chase through Columbus streets here late Wednesday. The officials had gone to the home of Mrs. Ruddick to arrest her on a lunacy charge which she had evaded six months before, by leaving the city for that length of time, which constituted tho life of the case. On her return Wednesday, her brother, Mart Hollowell, filed anew caao against her. After the woman had run for considerable distance, she was caught. JFDGE HOOK ILL, KANSAS CITY, Mo., Aug. 11.—Judge William C. Hook of the United States Circuit Court at Leavenworth, Kan., le seriously ill at his summer home, sayner, Wls., according to information today from h's son, Ingraham D. Hook.

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Cricket Hicks has decided to get him a slim girl, as it Is too much of a Job fanning a fat one during the hot weather. • • * Slim Ftekens, who has been in declining health for the past three days, was at the singing on Gander Creek Sunday and appeared again able to lift his voice and carry a tune. • • • Miss nostetter Hocks rendered one of her charming solos at the Hog Ford church Sunday morning. She didn’t bring the house down, but tho stove-pipe shook.

Organize Indiana Branch of Engineers Eight chapters of the American Association of Engineers in Indiana will or- j ganlze an Indiana branch of the association at a meeting to be held hero Aug. 29, j according to R. C. Yeoman, chairman of ; the State assembly committee. Chapters' i located at Gary, Logansport, South Bern.', Terre Haute Valparaiso, Purdue, Angola j and ludianapolis will be represented at J the meeting. The association has more j than seven bund roil members in Indiana. Equipment for Travelers Shown An especially Interesting and attractive' display for that great portion of the pub- j lie that likes to travel and to be suitably | equipped therefor, is being shown this ; week on the seventh floor of tin Indian- 1 ayo.'.s Chamber of Commerce Building by ! E. J. Gau*cpohl A o>. It consists of trunks ranging from those of the big wardiobe typ> to comparatively little fellows, and suit uses, and various fittings such as locks, corue. p:e<es. handles, etc.

V Th* dainty summer ( A frocks of the children I J add charm to the ' MOORE FIELD , o r - Vcjjr trait. Bring In the / children today. Ninth Floor. Kahn Bldg. HSNMRii sesdttf See SetlerjjJlJ EXTRA SPECIAL Glasses fitted in gold-filled mounting—sl.4s a ; P d FRANKLIN JEWELRY i 15 South Illinois Street.

= SCIATIC = RHEUMATISM | When you havo *o/jKvCiA called Sciatic Itheu7*matlam there is e V nerve pressure at the l Hf place in the spine inVot Let me release the , W pressure and thereby Remove the Cause ('' • of your rheumatism. I have done It for others. Why not for you? CHIROPRACTOR 904 Odd Fellow Bldg. Honrs: 10 to 11 A, M.; 1 to 5 anil 7 to 8 P. M. Sunday and other hours by appointment. Office TeU Main 6941. Residence Tel., Randolph 7717. No Charge for Consultation

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THE THRILL SENSATION OF THE SEASON “REPUTATION” Ohio Theater Next Week

WETOGRAPH Secret Writing System Invaluable for lovers and for keeping recipes, addresses, secret memorandum or Vother information safe and private. No ktranger can read your postals if you use t!e Weto Graph. Great fun for lovers or friends. Don't miss if.. Send 10c snd ve will send the Weto Graph by ’''all w,th fuil Instructions. Address PENN PUBLISHING CO„ BJairsviUc. Vtx.

INDIANA DAILY TIMES, THURSDAY, AUGUST 11,1921.

PENNSY STUDIES LABOR POLICY Extension of Time Asked of U. S. Board. CHICAGO, Ang. 11.—The United States Railroad Labor Board granted the request of Samuel Rea, president of the Pennsylvania Railroad, for a fifteen-day extension of the time limit for election of committees to draw up working agreements with the men. Rea’s message asking the extension ol the time limit,, which was originally set to expire on Aug. 10, was received from Philadelphia, where the directors of the road held an all-day session yesterday, apparently debating whether they would submit to the board's orders to take steps

The Lower Prices Now in Effect on SONORA Phonographs have made no change in SONORA Quality Regard/ess of how much LESS you pay today for your SONORA Phonograph , you can still he su*e of getting ‘‘The Highest Class Talking Machine in the World” Come in and learn the new reduced prices. Have us demonstrate the model that suits you best. A big variety to choose from. Charles Mayer & Cos. 29 and 31 W. Washington St. Established 1840.

—IT'S HOT— Visit Broad Ripple Park. Take a dip in the big pool. Fresh sterilized water running in continually. Plenty of shade for your picnic dinners. Good chicken dinners. First-class restaurant service. Plenty of amusements. Good car service. Free moving pictures each evening. Don’t fail to take a ride on the Big Steamer, “Sunbeam,” one hour’s ride up the river. Good music and dancing. “The End of a Perfect Day” UNION TRACTION COMPANY OF INDIANA

Round Trip DAYTON, OHIO Round Trip $3.00 Sunday, Aug. 14th $3.00 Including ui Tax VIA Including War Tax Special train leaves Traction Terminal Station at 7 : 20 a. m., arriving in Dayton at 11:30 a. m. Returning, leave Dayton, Ohio, at 7:00 p. m. Special Limited Train Running Through Without Change Tickets good on Special Train only. An opportunity to visit the National Soldiers’ Home and the Amusement Parks of the “Gem City.” For further information call Joint Ticket Office, Main 4500.

INTERSTATE PUBLIC SERVICE COMPANY CLEAN EXCURSION To COOL LOUISVILLE, KENTUCKY SUNDAY, AUGUST 14, 1921 $3.00 Round Trip, War Tax Included Train leaves Traction Terminal 7 a. m. T. J. Gore, Jt. Tkt Agt. Phones Main 4500, Main 4501.

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to arrange working agreements or to face a strike threat. AYLMER, CANADA, SWEPT BY FIRE One Dead and 125 Families Rendered Homeless. OTTAWA, Ontario, Aug. 11. —A great portion of the little town of Aylmer, Quebec, Is In ruins today and 125 of more families are homeless as a result of a fire. The body of D. Fortier, 08, a grocer, was discovered in the ruins of his store. Provisions were sent here from Hull, Quebec. The. damage was placed at SBOO,OOO.

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Men Are Taking Advantage of This Suit Opportunity Daring the FIRE SALE Think of It ) Excellent quality suits, f Ik g iff fl All materials. All styles > V H /| %J§ and sizes. Only slightly I jjj Sw*®# damaged by smoke. Price \ JL JL # only / Ready-to-Wear and Shoes Almost Given Away. Granger Department Store j 336-338 West Washington Street

Easy Baking, Qualities The easy baking qualities of EVANS’ E-Z----BAKE FLOUR can quickly be demonstrated. On your next baking day use this flour. See with what ease flavorv bread, wholesome cake or delicious pie crust is made from this—the one flour for every purpose. Only tho’choicest 3vheats, blended by a Secret process, go into this easy baking flour. Your Grocer Has It EVANS’ E-Z-BAKE FLOUR. 4 "

For Friday—Our Bargain Day—This Sensational Offer Ladies 7 Oxfords —Pumps—-Straps % Colonials —Theo Ties /k Excellent qualities in all leathers. / M * iL. Same styles last season sold for $5.00 and $6.00 per pair—- ¥ t 171790 ~owy ,ur“l nn uivurr O

The best place in the city to buy Boys’ Clothing, at c-g. _ Washington and Delaware

CARLIN’S 113 E. Washington. Once in a lifetime it should not he more—you make your choice of a PIANO, end you should be delibe-ate —even critical—and here at Carlin's you can take your time and select a fine PIANO of known quality. We represent the famous Cable Piano —and know It will please in tone and appearance. & At CARLlN’S—Edisons, Colam • bias, Q.R.S. Rolls, Sheet Music and Band Instruments, The CARLIN Music Cos. 143 E. Washington St

The Best Watches^ ON REFINED CREDIT PLAN Small payment down; then every week. When yon buy at OUR STORE yon are absolutely sure LsSSJ °f getting the best posgible value for your money. Yon may know 1. thre are styles for jKrjlE* ladies and gentlemen £Vi AJv* —engraved and plain ■ designs. You may H o /Is f l know the watches are backed by the maker* and by us! You may know a better value can not be secured. Gray, Gribben & Gray Corner Ohio, Indiana arid Illinois. “ Wo Trust Anyone Who Works

FREEThe first issue of the SCANDAL SHEET WILL BE OUT FRIDAY BE SURE TO GET A COPY rsrhTT* SEND NAME AND HK T T ADDRESS FOR A IVI <&-< IK EE COPY. S. S. Publishing House 114 W. Ohio St.

SPECIAL SALE NOW ON AH wool suit, to your (f* f A measure for II LEON TAILORING CO. $ /|Y tiV 131 E. New York St. tad

CLOTHING -osCREDIT H°yl.e f> aric^c Mnd Hvk, Ciothing C*w SOB-30S-3U7 W. Wasbington St, t Door. West Senate At*.