Indianapolis Times, Volume 34, Number 79, Indianapolis, Marion County, 12 August 1921 — Page 1

THE WEATHER Generally fair tonight and Saturday. Not much change in temperature.

VOL. XXXIV.

INCOME TAX AMENDMENT UNNECESSARY Dunn Says End Sought Can Be Easily Attained by Statutory Enactment. SWEEPING POWER GIVEN Grave Injustices Worked by Operation of Similar Plan in Wisconsin. {EDITOR'S NOTE—This Is th# ninth of a series of articles on the constitutional amendments which will be published in the Daily Times with a Tiew to giving readers information and opinions such as will assist them In determining how to vote Sept. 6 ] By JACOB r. DUNN. The eleventh proposed amendment, is an additional section providing for an income tax; and 1 find that 1 am being quoted as in favor of this t.meqdment on account df a statement made by the commission on taxation, of 1915, of which I was a member. This calls for the explanation that there are income taxes and Income taxes, and one income tax difTereth from another in glory. What the commission on taxation said was: “We are of opinion that an income tax, on incomes not derived from taxed property, might advantageously be added to our system, and that it would reach just and proper objects of taxation that are not now reached." But that is not what this amendment provides. It authorizes an income tax on incomes, “from whatever source derived, in such cases and amounts, and in such manner, as shall be prescribed by law.” This is. If possible, more sweeping in its removal of safeguards than the general tax amendment.

PCXKXST EOT EVER OFFERED. While explaining. I would add that when, in my speech cf Jane 17, I said: “Ten of these amendments are desirable, and, in substance have been earnestly urged by the Democratic party for a number of years past,” I had not carefully examined the wording of those amendments; and I owe an apology to the Democratic party for fber-itAtcmeiit. Os course, no Democrat has advocated limiting special vetoes to of appropriation.” nor abolishing registration as a qualification of the voter. 1 beg to revise my statement to this; ‘Ten of these amendments are not absolutely ln(Continued on Fage Six.) DAVISON HAS BRAIN TUMOR Surgeons Halt Operation Because of Danger. NEW YORK. Aug. 12.—Surgeons who operated on Henry P. Davison of the hanking house of J. P. Morgan and Company, et Roosevelt hospital today for a tumorous growth on the brain, located the tumor, but did not remove It. being forced to suspend the operation bt&anse bleeding set in and there were manifestations of a bad effect upon the patient from the anesthetic. It was stated, however, that no disquieting significance was to be attar-bed to the halt In the operation, as the pressure upoa the patient's brain was much relieved and his condition generally is improved. He is 53. Hia career has been a typical romance of American business. Born In Trop, l*a., In 1867. he made his own way to the top rung of the financial world. Hla first long respite from banking affairs came in IVI7 when he wits appointed chairman of the war council of the American Red Cross. He threw himself Into that work with the same xeal he had shown In his private affairs. Numerous decorations showed how the allies appreciated h'.s labor. His education was obtained at the academy of education in WilUamstown, Mass After leaving school he became a bank messenger In a Bridgeport, Conn., bank, picking up the rudiments of bookkeeper In his spare time. Hearing of the organisation of anew bank in New York, Davison went to the city. He demanded that he I*> made teller and was so persistent that after three day a he was awarded the place. After that his rise was rapid.

LEGION VISITORS AT CHERBOURG French Guests Reach Paris This Afternoon. PARIS. Ang. 12.—The delegates of the American Legion who will travel over the French battlefields as the guests of the French government, dedicating a number of monuments, arrived at Cherbourg on the liner George Washington at 7:30 this morning. They will arrive in Paris at 3 o'clock this afternoon. At Cherbourg the Americans were greeted by a delegation from the Paris post of the American Legion, the American consul and the prefect of police. C.IXDIE FOB CARrSO. NEW YORK, Ang. 12. —A candle that will burn every All Souls’ day for five thousand years Is being made as a memorial to Enrico Caruso. It Is live feet In diameter and IS feet high.

WEATHER

Forecast for Indianapolis and vicinity for the twent.v-foar hours ending 7 p. m., Ang. 13. 1921: Generally fair tonight enl Saturday; not much change in temperature. HOURLY TEMPERATURE, a a. m. ... w 7 a. tn 3d 8 a. ra <59 9 a. m 73 10 a. m 73 11 a. m 78 12 i noon) W • t p. m SO 2 p. m 81

Published at Indianapolis, Entered as Second Class Matter. July 23. 1914, at Ind.. Dally Except Sunday. Postofflca. Indiinapolls. Ind.. under act March 3. 1879.

Rail Relief Bill Can’t Pass Now WASHINGTON, Aug. 12.—There is little chance of the Administration bill providing credit relief for the railroads passing Congress before the proposed recess Is taken Senator Townsend, Republican. Michigan, informed President Harding today. Senator Townsend, who is acting chairman of the Senate Interstate Commerce Committee, was called to the White House by the President to consult concerning the possibility of early passage of the bill. JITNEY BLUES’ SONG SUNG BY TRACTION MEN Janieson and Todd Talk of Track Repairs When Busses Are Regulated. WORKS BOARD ACTION Dr. Henry Jameson, president of the board of directors, anil Robert I. Todd, president and general manager of the Indianapolis Street Railway Company, sang the ' Jitney Bus Blues” to the board of public works again today when President Mark 11, Miller of the board In a ! conference at the city hall iuqulred when the company is going to carry out its 1 promise to repair its tracks in Delaware j street from Massachusetts avenue to Washington street. , “It has been our understanding," said Mr. Miller, “that ai soon as the company completed the relaying of the West Washington street tracks you were going :to go to work on Delaware street. The tracks in Delaware street are in dani gerous condition and I'm afraid you are going to have a serious accident there." DELAWARE SOME DAY. “Delaware street Is next on our program and has been all along.“ replied Mr. Todd. “In fact. I have been wish t lng that we had repaired it before we ; did West Washington street, because tho jitney drivers certainly are making Industrious use of the latter. We ll go to work on Delaware street Just as soon as we are financially able." "How soon do you think that will be?” asked Air. Miller. "Just as soon as wo get jitney regulation," anskwered the traction head. "Do you think you would have flnan- ; clal relief immediately following Jitney [ regulation?” inquired the board of works president. J “Certainly.” Dr. Jameson entered the conversation, i "Yes, we could be spending J 1,200 a day | right now if the Jitneys were regulated.” he said.

ONE TRfCK WILL DO. The officials asked the traction men If tho company intends to maintain its tracks la Gale street is they now staDd. Tbs jbwtVla track-- -a Ugh. into a single, plans t" pave Gal# street and fiesired to know whether it should provide for doable or single tracks. Dr. Todd said he believes the single track will remain. The tracks do not extend the entire distance of the proposed pavement in Gale street and it was decided that a space for a single track extension should be left in the center of the new surface. When tho question of whether the company will pay for paving between Its tracks came up' in this connection Dr. Jameson and Mr. Todd carefully t.oided committing themselves. Dr. Jameson asserting that this is a matter which ramalr.s to be settled and that “If w# have to pay for it, we will.” The traction official* reported that the Meridian Heights line tracks in FortyNinth street will be shifted to Pennsylvania street from Forty-Ninth to (Uontlrued on Page Twelve.) MERGER CASE TO BE ASSIGNED Commission to Consider Indiana Electric Corporation. John W. McCardle, chairman of the public service commission, was expected today to assign the case of the proposed merger of seven Indiana light and power companies into the Indiana Electric Corporation, to one of the comm lasi oners. The commissioner to whom the case is assigned will sat ft date for hearing on the proponed merger. Mr. McCardle stated the case, while it would not be rushed, would be acted od as soon as possible. In such a huge undertaking. he said. It It necessary to make a careful Investigation and gather all facts necessa.v before making any decision. Notices will be sent authorities of each city served by the seven utilities, snd they will be asked to attend tbe bearing. The commission will Investigate the securities and finances of the proposed corporation and the question of adequate service being furnished by the new corporation.

Spurgin Trices Wild Ride Over Mountains in Vain

Turns Back From Treacherous Trails When Pursuing Detectives Keep in Sight.

MARFA, Texas, Aug. 12.—What is believed to have been an attempt by Warren C. Spurgin, absconding head of the Michigan Avenue Trust Company l<ank of Chicago, to elude the constant shadowing of private detectives and es-ape. was thwarted near Chihuahua City Wednesday night by two detective agency men who had trailed the fleeing unaneier across the country from Chicago .to the hacienda of his American friend on the outskirts of the little Mexican city. The story of the attempted escape was contained In a code message received from operatives In Chihuahua by the district manager of a nationally known detective agency who U directing efforts to apprehend Spurgin. It was a story ct a wild night ride In an automobile over narrow, treacherous mountain roar's. in pursuit of the absconding bank head, who was being hurried into the mountain fastness in a high-powered motor car. Only their tenacity and persistence in sticking to the little-used and rocky trail that led along the brink of many precipices, hundreds of feet deep, over which Spurgin was fleeing, finally caused those conduct-

5i nMaua Pail® SCttttfs

COUNCIL PUTS SILESIA UP TO WORLD LEAGUE More Troops Will Be Used as Guard Until Dispute Is Settled. MEETING IN SEPTEMBER PARIS, Aug. 12.—Pending adjust-, ment of the Upper Silesia dispute by the council of the League of Nations, reinforcements will be sent there to maintain order, the supreme council decided, it was announced officially today. PUT QUESTION UP TO LEAGUE FARTS, Atig. V.’—Premier I.loyd George of England and Premier Briand of France today agreed to refer I tie Upper flllesla question to the next meeting of I lie League of Nations. This decision waa reached a* tbe result of the deadlock that developed yesterday over the partition of I pper Silesia. It was rejiorted in French circles that Pre inter Briand was willing to reconsider the plan drawn up by fount Sforza of Italy, but subsequent it was decided that a more satisfactory settlement would be to allow the League of Nations to handle the issue. The proposal to refer Upper Silesia to the League of Nations originated with Premier Lloyd George. The supremo council met at noon and approved the suggestion. The supreme council Is appealing to both Germany and Poland to preserve order in Upper Silesia pending the decision of the league of Nntlons. Tho question of sending reinforcements to Upper Silesia was referred to a committee of military experts. England and Italy promised to send troops if they were found necessary. Baron Hayashi. Japanese delegate on the council, said Japan favored giving the central part of the Upper Silesian industrial district to Germany but was willing to abide by any decision of the league. HARVEY TARES NO PART. George Harvey, American ambassador to England and the representative of the United States on the supreme council, said he could not participate tn the decision as the United States Is not a mem- ; her of the league, otherwise the action I of tbe Bupreme council In referring Upper Silesia to the league was unanimous Premier Lloyd George departed foi London early in the afternoon. He was smiling and cheerful and said that the discussions "had had the happiest outcome.” The council continued In session this afternoon without Prernlar Lloyd George and 4i*rui*Kd the Gutman war trials at ’Latptlg ahd other matters •Jlis Sforza plan divided Upper Silesia ob the basis that i, rrnnny would get most of the industrial and mining dis tttet. Thcae was a council of ministers this morning under the chairmanship of {Continued on Page Fifteen.) TAYLOR AGAIN HEADS LABOR Indianapolis Man Rc-Elecfed Secretary of State Federation.

t T. N. Taylor of Terre Ilaufe was re elected president of the Indiana Stale Federation of Labor, and Adolph J. Fritz of Indianapolis was re-elected seoretnrytreaeurer. In the recent eli.rtlon of the federation, as ahown by the tabulation of the votes, by the canvassing board, at headquarters of the federation In this city. It wtis announced today. Other officers elected were ns follows; First, viee president, Jamea A. Lechler, Ft. Wayne; second vice president, J. W. Waggoner, Hammond; third vice pres! dent, Mra. (). P. Smith, Logansport; fourth vice president. Edward P. Barry, Indianapolis; fifth vice president, J. L. Sims, Linton. The executive board consists of the president, the fiv# vice presidents and the secretary-treasurer. The newiy elected officers will assume their positions the first of "next year. Th# tabulation of the vote showed tho following; For president. T. N. Taylor, 12.741 rotes; William Schmidt of West Terr# Hante. 6,473; for first vice presi dent, James A. I/eehler. 8,099: Joel Messlck, of Markin. 6.309, snd 11. H. UarViman of Dunkirk, 4,038; for second vice president, J. W. Waggoner, 10.202; for third rice president, Mrs. (>, P. Smith, 15,990; for fourth rice president, Edward P. Farry, 15,919; for fifth vice president, J. L. Sim*. 15,489; for secretary treasurer, Adolph J. Fritz, 11,604; Percy Heed. Terr# Hauto, 4.299, and Arthur H. Yaaer, Evansville, 3,011.

ing the banker's flight to turn back to the hacienda. Spurgia's friends, nrordlng to the cod<\ picked an ideal night for such an attempt. There was no moon and the sky vaa heavily overcast. The first, intimation that the operatives had of an attempted escape was when the heavy metal gates of the hacienda drive were swung suddenly open and a high powered car oarrylng three men. including the drlvsr, roared down the roads toward the mountains at breakneck speed. The operatives, anticipating such an attempt, had concealed a fa;-’t enr of their own. and started in pursuit, which ended in the turning back of Spurgin. SPURGIN LOST IN COLORADO? CHICAGO, Ang. 12.—Detectives today admitted the trial of Warren C. Spurgin million dollar defaulter of the Michigan Avenue Trust Company, had again grown cold. Nothing has come of reports that the missing banker bad been arrested In Chihuahua City, Mexico. The latent tip is that Spurgin is hiding in Colorado. Reorganization of the wrecked bank

INDIANAPOLIS, FRIDAY, AUGUST 12, 1921.

Tenth Water Victim

ALFRED DAVID SEDAN. The tenth victim of drowning in Indianapolis this summer is Alfred David Sedan, 10. of 114 West Southern avenue lie was drowned today while swimming In a pond southwest of the city. YOUTH SINKS TO DEATH IN SMITH’S POND Alfred Davis Sedan, Home Near Lojansport, Drowned While Swimming. BODY NOT RECOVERED

1921 DROWNINGS Aug. 12— Alfred Davis Sedan, 19, 144 West Southern avenue, in Smith's pond, southwest of the city. July 14—Patrick Murphy, 539 Eevilie avenue, In White River at Seventy-Fifth street. July 4—lames Papas, 114 West Vermont 6treet. In White River at Ravenswood. June 16—Robert Brown, 17, negro, West Sixteenth street, in canal. June 13—Paul E. McGrath, 19, 2113 Lexington avenue, In White River. May 28—Esau Cooksey, 14, negro, 426-Toledo street, In canal. May 28—John Henry Dennla, 10, negro, ,3.936 Lewis street, In canal. May 26—Louis Hearne, 21, 20 South Delaware street, In White River. May 22—John Koopman, 14, 2755 Martindaie avenue, in Fall Creek. May 21—Arthur Fraling, 12, student at Indiana School for Deaf, In Fall Creek.

Alfred Davis Sedan, IP. of lit West Southern avenue, son of .iamb Sedan of nar I.ngansport, wn* driwned today while swimming in a pond on the farm of W. D. Smith about a mile south of the Belt railroad and one fourth of a mile west of the ltlutf re ad. The drowning was the tenth In Indianapolis during this season. Sedan went to the pond In company with a cousin, Wilber Sedan, 21, of the West Southern avenue address. According to the story told by Wilber, his cousin had often boasted of his swimming ability and that be went to the pond to show what he could do. Wilber aald Alfred had never seen the pond before. SEE* COUSIN JIMP IN. He said that while he stood ou the banK his cousin Jumped Into the water and swam out about thirty yards and turned around. He said that Alfred sank soon afterward and that the body did not again come to the surface. Wilber aaid he was helpless because he could not swim. The pond in which the drowning occurred was found by the police who were dragging for the body to be from twenty to thirty-five feet deep. Despite its depth, however, it apparently had been used for swimming as it was equipped wltb a diving board. SEDAN CAME HERE WEEK AGO. Alfred Sedan came to Indianapolis about a week ago having been wosktng on the farm of WU lam Wettner, southeast of the city. He lived with his cousin and with his brother. Merle. The brother is at his father's farm. No one saw the drowning but Wilber Redan. Tbe police had failed to recover the body after several hours dragging. The park board has promised bathing pools where life guards could be stationed in the various parks of the city. Such pools have not been built.

SHOULD FINISH IN JULY, 1922 Meyer Set.s Limit on War Finance Body’s Services. WASHINGTON. Aug. 12—The War Finance Corporation should have completed Its proposed work in extending credit relief to the railroads and the agricultural industry by July, 1922. and by that date the corporation should be. able to liquidate and go out of business. Eugene Meyer, Jr., director of the corporation, today told the House Interstate and Foreign Commerce Committee. Dr. Farr and Probes Red Cross S tiortage WASHINGTON, Aug. ; 2.—Announcement that the regular Inspection of the books of a subordinate officer of the Red Cross “have brought to light certain discrepancies” and that an inquiry now is under way, was made this afternoon by Dr. Livingston Farrand, chairman of the central committee of the Red Cross He further stated that the amount involved will not exceed SII,OOO and that it is covered by the bond of a surety company. Tbe officer under Investigation has not been placed under arrest and is assisting lu the inquiry.

PLOT TO FREE 2 FROM JAIL AT SULLIVAN Miners’ Threatened Attack Causes Sheriff to Move Men to Terre Haute. RESENTMENT SEETHES Twenty Shots Fired at Mine Boss, Who Is Warned to Leave County. SULLIVAN. Ind., Aug 12.—An alleged plot of a mob of miners to break Into the Sullivan jail and free two of their coworkers who were held prisoners, caused Sheriff Ed Douthitt to rush the prisoners to the Vigo County jail at Terre Haute for safe keeping today. A third miner has been arrested lit connection with the vigilantes' activities. Ills name is Adrian House, 40. employed at the Glendora mine. He wag charged with rioting and inciting a riot. House, together with T J. Williams and Riley Griffith, tho other two nten arrested, furnished bond of $1,300 for their release. MINE SUPERINTENDENT SAIS WORST YET TO COMFI. “The worst is yet to come,'' said Robert Templeton, superintendent of the Glend- ra, Hamilton and Peerless mines, three of the largest in this vicinity. "These miners mean business. It probably will be necessary to enlist Government aid to quell the rioting The men talcing part in the trouble for the most part are outsiders not employed here." This little mining community was calm on the surface today, but under the surface seethed a feeling apparently ready to break forth and destroy the force of law and order. No one would talk about the trouble late Wednesday night in which three mine bosses were forced to leave the ' county under threat of mob violence after miners' vigilantes had stormed their homes in protest against unemployment and the so called “policy” of the bosses ; toward labor. I IRI. TWENTY SHOTS AT

SCOTCH MINE BOSS. Twenty shots were fired at Danny McCarty, Scotch mine boss, as he left the Peerless mine last night. The shots were fired from behind a siring of box ears about quarter of a mile long Alter Danny had run the gantlet, a tall, bearded miner stepped from behind the end car and shouted. “Get out of the county. If you ever come back to work here, the shots we flro won't miss you. Now beat it." The miners charged the Scotchman had hired ]yl# native countrymen In preference to American born miners during the wave of unemployment. He came here recently from the Dugger mine. It Is estimated that 15 per rent of the minors in Sullivan County are foreigners. The trouble Is said to have started soma time ago when six miners wet t discharged on the ground of being dis loyal to the mine owners and their fellow workmcn. ArJUTA NT O F.NERAI. MAKES INVESTIGATION. According to E. G. Charley, a mine worker, this made the discharged workman "sore" and they started spreading propaganda of hate among the other coal workers. The entire duty of enforcing order rested upon Sheriff Douthitt and his deputy, Edgar Collins. Following a tele phone conversation with Gov. Warren T. McCray, the, sheriff said tbe Governor told him troops would not be sent to this place for twenty-four hours unless the situation grew worse. Adjt. Gen. Harry B. Smith, commander of the Indiana National Guard, is in Sul livan today investigating tho situation growing out of attempts to drive mine bosses from the district. General Smith went to Camp Knox. Ky.. yesterday for the purpose of inspecting tho guard encamped there. Asa result of reports of trouble in the mine district, Governor Warren T. McCray last night ordered him to go at once to Sullivan. The Governor was in communication with Sullivan County officials today. He said he was told that everything Is quiet but that additional deputy sheriffs have been sworn in to maintain order.

Stranded San Jose Sends Call for Aid SAN DIEGO. Cal., Aug. 12.—The stranded steamer San .Tose called for aid today. The steamer (irlffdu, which whs standing by, was forced to leave because of weather conditions. It is fenred tho San Jose will rapidly pound to pieces on the rocks. Th© officers and crew were on board.

H 1 Am Not I a Thief!” This was the indignant exclamation from the lips of NINETTE as she confronted the man whose borne she had entered and stood with his watch in her hand. Was Ninette a Thief? Or were her needs sufficiently pressing to overshadow the moral and legal respect for other people's property? This is one of the questions that is raised in THE STORY OF NINETTE By Kl BY AYRES. You will regret missing any chapter of this story of the tiny waif who struggles with life as she finds it. You will be gripped by an all compelling Interest as the popular author unfurls the experiences of the child who did not believe herself a thief but was willing to transgress the law for another. This fascinating serial will appear exclusively In THE INDIANA DAILY TIMES STARTING AUG. 16th

_ . ... (By Carrier. Week. Indianapolis, 10c; Elsewhere. 12e. Subscription Hates. j ßy Mai! _ EOo p er , Month; $5.00 Per Year.

Bootleggers’ Profits Are Near Half Billion a Year Nine Million Gallons Brought Across Border Last Ycar Only Tenth of All Sold,

WASHINGTON, Aug. 12.—Approximately $500,000,000 a year now Is going into the pockets of bootleggers wbo supply liquor and other antiVols ead potations to the thirsty in violation of laW„ Federal officials today estimated. Between 25,0*10,000 find 50,000 000 quarts of hard liquor a year is pussing through tlie underground channels of the United States, Government data indicates. Prohibition Commissioner Haynes, however, believes the activity of bootleggers Is being curtailed Officials ore making It more and more difficult to obtain liquor from bond under the permit system.

SKIPPER WISHES TO LIGHTEN CARGO Captain of Booze Ship Says ‘Tell World Where We Are.' NEW BEDFORD. Mass., Aug. 12.—“G0 j out and tell tbe whole world where we J are. The more visitors we have the sooner we'll lighten the ship and go after more cargo,” that Is how Captain Heilmer of the booze ship Arethusa lying off New Bedford, summed up his feeling, according to a copyrighted dispatch by Leroy Bradford to the New Bedford Times. “It's a wonderful ship, Is the Are*"iusa'' —according to the dispatch. "Champa*ne corks pop with no more ceremony than hoisting a mainsail on a little Long island center board yacht. You con buy a case if you want, but Heilmer says he is not resopnsible for what happens to j you if you are caught with tt after you have left the side of his hooker.” NEW BEDFORD, Mass., Aug. 12.—A United States destroyer Is en route to these waters for the purpose of anchoring near the British schooner Arethusa, which Is reported to be selling liquor, according to an authoritative report cirj eulnted here this afternoon. The destroyer will watch the purported sales of liquor to yachtsmen and others, it was said.

U. S. DOLLAR TO BE BASIS OF NEW TARIFF Senate Finance Committee Adopts Valuations Plan With Modifications. WASHINGTON, Aug. 12—The American valuation plan, with modifications was adopted by the Senate Finance Committee today as the basis of the tariff bill. Republican members present voted unanimously for it. Republican members of the House Ways and Means Committee present at the meeting agreed to the modifications. Virtual agreement to eliminate the dyestuffs embargo proposal was reached, it was said. This question was referred to a subcommittee composed of Senators •Smoot, Utah ; Dillingham. Vermont, and Representative I.ongworth, Ohio, and Frear, Wisconsin. Senator Penrose and other Republicans of the committee already have accepted the general principle of American valuations as laid down by Die House. Official adoption of the provision hinged on the approval of certain elaborations made at the suggestion of customs experts of the Treasury Department with a view to making the terms of the bill easier to understand, and to avoid litigation In enforcing the act. Tbe valuations clause undoubtedly will state specifically that the comparable wholesale selling price in the United States Is to be the basis of levying the duty and in cases whore the American selling price cannot be established, the basis will be the selling price of the comparable imported article. The Finance Committee stood ready to authorize the Treasury to put from twenty-five to fifty special agents at work gathering the data and information required in the operation of the American valuations provision.

Fugitive Bill Haywood Snag in Soviet Relief However , U. S . Government Will Not Urge Return of Undesirable Radicals.

WASHINGTON, Ang. 12—“ Big Rill'' Haywood, wanted by this Government to serve out a twenty-year term in Ft. Leavenworth, has caused a hitch In tlie relief plans for soviet Russia, it developed today at the office of Herbert Hoover, head of the American Relief Administration. Hayw-ood, who made his way to Russia, Instead of joining the other 1. W. W.a In jail, is on the list of Americans still in Russia. Walter L. Brown, relief commissioner, and representatives of the Soviet government, are puzzled by Haywood's case and that of tbe others who were deported on the "Soviet ark,” but who claim they are Americans. "These men no not want to leave Russia," Litvinoff said. Brown’s instructions were that all Americans should be given a chance to leave Russia. Haywood's name and some of the others were nat on the list furnished Brown by the State Department so Brown has asked for instructions in the matter. The answer of American officials is expected to reach Brown today. It is to the effect that Americans should be given the opportunity to leave the country, but in cases where United States citizens of radical sentiments do not make known their desires within a reasonable time, it will not be necessary to hold up the negotiations for their sake. KILPATRICK FIGHTS RECOGNITION REVAL, Aug. 12.—America should cooperate to effect from the Soviet the release of prisoners of other nationalities, slowly dying in unspeakable misery and torture, Emmet Kilpatrick, just released from Moscow, declared In an interview’ here today. ‘Trisou conditions are unspeakable,”

LAST HOME EDITION TWO CENTS PER COPY

More than 9.000,000 gallons found its way Into the hands of bootleggers last year, the reports to tbe prohibition unit. show. Bootleggers nvelve S4O a gallon or more for this whisky, which would put into their pockets something like 8360,000,000. But most of tho real whisky which bootleggers get is diluted before being sold and thus made to bring In a double profit. Liquor seized from international bootleggers is only a tenth of that which starts for the United States. In the opinion of Chief Ashworth of the Customs Service. International bootleggers probably get into the United States 9,0(X),00o gallons a year, officials believe.

DIVORCEE ASKS EX-HUSBAND TO COME TO HER AID Mrs. Obenchain Sends for Man She Quit When Indicted for Murder. FIND PART OF SHOTGUN

LOS AN'GEI.ES, Cal., 12—A veiled admission she could throw much light on the murder of J. Belton Kennedy but that she was protecting "someone in whose innocence she believed," was made by Mrs. Mudalynne Obenchain in an interview in the county jail. Mrs. Obenchain said she could make a statement which would result in her release if it was not for her sense of fairness toward "someone.” When asked if the "someone” was Aithur C. Burch, Mrs. Obenchain said: “I cannot tell you.” Mrs. Obenchain now places all her hopes in the man who she “always respected, even when her heart was elsewhere”—her divorced husband, who is speeding here from Chicago to assist her. Mrs. Obenchain, on the verge of collapse from her harrowing experience, revealed for the first time why she sent for Burch to come to Los Angeles before tbe tragedy. “The poor boy—he had nothing to do with it," she murmured. "I brought him into all this trouble and I will clear him if I ran. Bt'RCIl FAILED IN' BUSINESS. "Arthur Burch came here because 1 scat fur him. “I asked him in tne spirit of friend ship—to help him in business, after ho had failed in the East. "Insinuations of a three-cornered affair. Involving myself. Belton and Burch, are false—literally false as much else that has been said since Belton was shot down that night In the dark little glen “Burch hud been working for a motion picture firm in the East ind he had written me that it was about to fail. I urged him to come West where I believed conditions would be much more favorable for his endeavors. “A contributing fact in roy advising him was that I knew something of his unhappy domestic affairs—somewhat similar to my own. HAD NOTHING TO DO WITH MURDER. "These two points constituted my whole motive. "He had nothing to do with the murder—tlie whole case is simply a terrible coincidence." She was confident that her divorced husband. Ralph R. Obenchain, who is coming to her help, will win her freedom. She said she held unbound faith that he will save her from "unfortunate consequences In this terrible murder." Both Madaiynne and Burch refused to testify when taken before the grand Jury which returned indictments against them. Twenty-five witnesses were called to testify against them. Search for the stock of a doulle-bar-roled 12-gauge shotgun, believed to be part of the much-sought weapon with which J. Belton Kennedy, wealthy young broker, was slain a week ago. was occupying the attention today of all officers working on the mysterious murder case. The butt of the shotgun which officials say they believe is the weapon that sent its charge of death-laden buckshot into tho brain of young Kennedy a week ago. (Cor'tin-icd on Huge Fifteen.)

declared Kilpatrick. "The prisoners are wasting away, their papers destroyed, their existence forgotten.” Kilpatrick, whose home is in Uniontown. Ala., spoke for the other five whose release was brought about by SecretaryHoover as a condition of famine relief services. NOT DROUGHT BUT INCAPACITY’. “Even many communists are doomed to die if quick relief is not sent into Russia.’’ lie said. “Communist leaders urge food shall go only to the fittest—that tbe weak shall be allowed to perish. "That is what is apt to hapupen, too, if the soviet is allowed to control the distribution of American supplies." Kilpatrick agreed with the others that it was not the drought which brought on the famine, but resentment against tie soviet confiscation of crops in preceding years. "I have been in prison since Oct. 20. last year,” Kilpatrick said. “I was thrown into a filthy prison where we were crowded in regardless of sanitary conditions, let alone comfort. A careful farmer would not have herded his sheep into a place such as we men of all nationalities were compelled to occupy. "We got some water to drink, but we feared it, especially when some of tbe mn became HI. Our food ration was the absolute minimum of sour bread. I lad only two baths while in Russia. "Deaths were daily occurrences. “Early this spring I was transferred to Tscheka —the worst prison of all. DUNGEONS LIKE HELLS. “Medieval dungeons could have been no worse than those damp cells we occupied deep under the street. Fifty of us were cramped into that airless and (Continued on Page Fifteen.)

NO. 79.

CHAUFFEUR OF MAYOR BOUND OVER TO JURY Roy Howell Held on Charge of Involuntary Manslaughter. STRUCK AND KILLED GIRL Woaneta Franke, 9, Daughter of Air. and Airs. Henry Franke, Victim. Roy Howell, city chauffeur who while driving a city owned car on private business for Mayor Jewett Aug. 8, ran over and killed Woaneta Franke, Thirty-Seventh street and Emerson avenue, was bound over to the grand jury in city court today. He was sent to the grand Jury on a charge of manslaughter on recommendalon of Dr. I’aul F. Robinson. The coroner's verdict was involuntary manslaughter. Howell's bond was fixed at| SI,(XH) after lie had waived preliminary; hearing. The bond was signed by Louis Miller, 520 West Morris street. Friday, Aug. 5, little Woaneta Franke, 0, daughter of Mr. and Mrs. Henry, Franke, Emerson avenue and ThirtySeventh street, was run down and killed by a city automobile driven by Roy Howell, Mayor Charles IV. Jewett’s personal chauffeur, at Thirty-Eighth street,' and Layman avenue. IN CITY CAR, BUT NOT ON CITY BUSINESS. Howell who is employed by the city and who was driving a city owned automobile, but was nor on official city business, was traveling at a high rate of . speed when he struck the little Franke girl, the witnesses of the accident stated. i Following the fatal accident, Howell was arrested by Sergeant Johnson on th* charge of manslaughter and was taken to police headquarters and “slated,” but not required to give bond. Then Dr. Paul Robinson, coroner, started an investigation into the death of the girl. The testimony of the witnesses was not made public. Thursday Howell appeared as a voluntary witness before the coroner and it was said his testimony was quit* different from that of other witnesses. On the morning the child was killed Howell drove to Mayor Jewett’s “ho* farm.” Arlington avenue and the Pendleton pike, taking tbe mayor out to inspect his pigs. Then Howell, in the cityowned touring car, started back to the mayor's city residence. It was while ea, route to that place that he struck the ! little girl. CHILD WAS WALKING WITH TWO OTHER GIRLS.

The girl was walking with her sister. Thema. 11. and Helen Ricks. 12, a neigh-, bor eirl. Howell’s car was west-bound on Thirty-Eighth street when it struck tho child. Jesse Todd of T.awrenee and John Trendelman. 3845 I)euny street, were in an automobile going east on ThirtyEighth street, when thpy witnessed th# accident. Both said the car driven by Howell vvas traveling at a high rate of speed. The testimony which led to the coroner's verdict of manslaughter was not made public as it is to be turned over to the grand jury, but the substance of it is known. Six witnesses besides the police testified at the inquest. They are John Trendelman, 3845 Denny street; Helen Kicks, 12. Thema Franke, 11, Carl Wlesse, Rural Route J 1, box 335, and George Southwick of Marlon, motorman on ail interurban car which passed the accident. All the witnesses are said to hava testified that Howell was traveling at a high rate of speed and Southwick is believed to have told the coroner Howell was racing with the interurban which was running between fifty and sixty miles an hour. The two little girls were with the Franke girl when she was killed and the other witnesses were driving along the road.

ALL READY FOR GERMAN PEACE Proclamation Said to Have Been Drawn. WASHINGTON, Aug. 12.—The presldontal proclamation of a state of peac® with Germany has been drawn and can be issued any time the President deems desirable, it was learned today. Although officials deny the issnranes of the proclamation is being held up until after the treaty with Germany is consummated. the proclamation probably will not be issued until there is some definite development in the treaty negotiations. The treaty negotiations were officially described os "going forward in a very satisfactory manner,” but official* declined to elaborate on the statement or to indicate the character of the negotiations. TELLS UNIONS TOGETLAWYER Judge Landis Says Building Crafts Violate Law.

CHICAGO, Aug. 12.—"1f you don't change your working agreements you’d better hire a good lawyer,” Judge I.adls told delegations of three building trades unions today. Landis, arbitrator in the building trades dispute between contractors and employes, said many portions of the agreements wore violation of the constitution and laws. "I'll not point them out to you,” said the judge. "Just read them over and find out yourself. You know whether they arc wrong or right.” The judge gave the organizations until tomorrow to rewrite the rules. California Forest Fire Baffles Fighters VISALIA, Cal., Aug 12.—Efforts to, check the worst forest fire in the history, of the Sequoia national forest raging In Converse Basin, near Hume, Fresno County, were temporarily abandoned today when 200 firefighters withdrew from the basin to form anew line of attack two miles distant. The fire already haa burned 2.000 acres of timber, estimated to contain nearly half a billion feet of lumber. .