Indianapolis Times, Volume 34, Number 145, Indianapolis, Marion County, 28 October 1921 — Page 13

PARK BOARD BUYS NINE-ACRE TRAC Will Extend Pleasant Run Boulevard, v Extension of Fleasant Run boulevard "hr** Mocks west from its present terminus at Meridian street was made possible yesterday whe the board' of park commissioners bought nine acres of ground from William Rosetneyer for 57,309. Upon information from H. H. Hornbrook, attorney for the Citizens Gas Company, that proposed extension of Pleasant Run boulevard from Shelby to East Washington street would. If the stream were followed, cot through tho gas company’s Prospect plant so as to cross a renmber of heavily used railroad tracks, the board decided to view the spot next week. Mr. Hornbrook suggested that the’ boulevard be routed a short distance l west. The playground at Thirty-Fourth street and Washington boulevard will have to be discontinued, the board was notified because the Volney T. Malott estate* which owns the ground, desires to terminate the lease as a step In settling the estate. The life of John H. Holliday, banker who died last week, was commended In resolutions adopted.

BROTHERHOODS CALL OFF STRIKE ON RAILROADS (Continued From Page One.) of the efforts of the labor board to mediate the controversy was the preparations being made by the Department of Justice at Washington for procedure against the unions for violation of the transportation act If the walk-out resulted in serious Interruption of traffic. It Is no secret that the fear of being “outlawed’' by the labor board and declared Ineligible to share In the beneBtits of future decisions of the board with regard to wage schedules and working rules was a factor- given much consideration by the.brotherhoods. NO WAGE CUT FOR A YEAR. Settlement of the controversy Is based, npon the assurance by the labor board that no" petitions for additional wage cuts would be acted upon until all controversies over rules governing working conditions are adjusted. This was coupled with the promise of the railway executives that no wage reductions would be put Into effect without due procedure before the labor board. —- Hours of bitter debate raged around the sufficiency of these assurances. It was apparent that the brotherhood leaders were considering the attitude of the membership of their organisations. The big question apparently was whether the men would follow the advice of their leaders and consider the assurances given by the labor board and the railroads as a "satisfactory settlement” of the controversy. This question still Is somewhat of an issue bnt the general belief is that the membership will accept the decision of the leaders and remain at work. If any unauthorized walk-outs occur it is believed they will be sporadic. Three men stand out as peacemakers. Chief credit Is given to Ben W. Hooper, chairman of the public group of the labor board and former Governor of Tennessee. Hooper, believed to be acting as the personal representative of President Harding, assumed the leadership in the board’s efforts to avert the strike. Ka went personally before the union leaders yesterday and laid before them the assurance of the labor board. Hooper's plea to the union leaders won over W. G. I.ee, head of the Trainmen, Lee thereafter led the fight for peace *at the union conference. It was a stubborn fight bnt a winning one. W. L. McMennlman, a member of the

labor board group of the board, like'vla* had a hand In the peace negotiations. It xvas M "Mennlwan, a former member of the trainmen who arranged for the l -appearance of Hooper before the union chiefs. FIREMKX HOIP OCT FOR STRIKE. The decision to call oft the strike came when the conductors and engineers Joined with the trainmen. The Bremen, of whom W. S. Carter Is the head, held out to the last for a strike. The switchmen did not rote, since the action taken by the trainmen, conductors and nglnemen was sufficient under the rules of the “big five" to bind the other two. The official vote to call off the strike was 330 in favor of rescinding the strike order and 37 against. The thirty-seven comprise the executive council of the firemen. Brief statements only were made by the nnlop chiefs and labor board members after the conference. Additional statements are expected and the union chiefs are expected also to make public the resolution, adoption of which ended the strike controversy. “I am very gratified that the unions have taken the position not to strike,'* said Hooper. “A general strike at this time would have cost the country more than the entire Civil War and would put the country back a lot In Its trip toward *noTmaley.' ” "I shall get down on my knees and think God that the catastrophe has been averted,*' declared Lee. **l have on my desk thousands of letters from wives and children of railroad employes asking me to do everything possible to prevent a Mtrlke. When I think of the suffering a Strike would hare caused thet > people, when I think of the disaster It might have brought to the country, again 1 thank God we took the action we did.’’ Other leaders of the rail unions and members of the labor board -expressed gratification over the outcome of the controversy, as did numerous railway executives. Wisconsin Starts Rail Rate Inquiry MAPISOX, Wls., Oct. 2S.—Governor Blaine today ordered the State railway commission to Investigate the rates on ail roads and utilities within the State with a view of reducing high charges. The Governor called attention to “existing exorbitant coal rates and high rates on ni cessities of life.” "The pinch of hard times is upon ns and the utilities must expect in some measure to share in the hardship of the people generally, In order to equalize the burden and bring about general prosperity,” said the Governor.

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President Pleased Strike Is Averted i aboard PRESIDENT HARDING'S - SPECIAL "TRAIN, Oct. 28. President Harding was greatly pleased today to learn that the fatljoad strtfc* set for Sunday had been •averted. He expressed himself to that effect as his train neared Washington, after a strenuous three-day tour of the Southeast. ' - .7”. ’ The news apparently came as a great surprise to the President as the strike situation looked darker to Administration officials last night than at any other time. It was said. Harding concluded his tour of the South hnd was elated at his reception. Despite, the frank talk about the negroes, President Harding was greeted uproariously everywhere and Democratic leaders gave unqualified approval of his utterances.

COURT ORDERS WILMETH PUT ON CITY TICKET (Continued From Page One.) Mr. Wllmeth to be printed on the ballot. It Is pointed out that If the higher court should reverse the trial court on premises of law. Mr. Hartman might have a basis to bring possible action for dam- j ages a3 well as to recover the salary of; the office to which he claims he was duly nominated at the primary. In giving his sweeping decision In re- ! fusing to Issue a mandate In Hartman’s behalf, Judge Moll held that Hartman “has In such ways and to such extent violated the corrupt practice act of the State bf Indiana, in bis effort at the recent primary to secure the nomination of his party for Judge of the city court as to render himself Ineligible to retain the nomination. 1 * In basing his conclusions In the case, Judge Moll stated “Having received the highest number of votes cast and being thus Ineligible By reason of such violations there was In law no one nominated. A vacancy thus exists’ln the cindldaejf-fbr that office. There 'being a vacancy ths statute provides a way for filling It. That the vacancy was assumed by the party officials in advance of a Judicial determination of the fact Is immaterial, so long as the results of both courses are alike. The party officials la this case, at stilted above, acted at their extrema peril, and It is only where the facts and law Justify their action that they can ever presume or assume so to act. A false step or unwarranted act on their part would no doubt place them in serloua Jeopardy and with them the board of election commlseloaers that acts upon their certificates. Having reached the conclusion from the evidence and under the law that relator Is Ineligible, the writ of mandate will be and Is denied." The two determining points in the case, according to the court, was the finding that Hartman aided and caused F. Frani els, known as Frank Francis, or Frank Moore, to Illegally vote at the primary as a duly qualified voter residing at Hartman's home, and that Hartman vio- ; lated the corrupt practice act by at- : tempting to interfere with primary elec- | tion officials. HARTMAN SUBJECT ! TO PROSECUTION. In discussing the legal effect of these . disqualifying acts of Mr. Hartman, the j court stated : A person who aids and abets another In repeating at a primary or an election Is himself snbject to s prosecution for felony. Frevslllng on qualified voters by sinister means to refrain from voting is practically the same In law. This Is colloquially known as ’herding.' In the same " category are lnttmld lon or coercion, and fraud practiced on the legal voter, causing him to vote otherwise than according to his own wish, will or Judgment. Those are forbidden by statute. As also voting at a primary differently than one's party j affiliation." In holding that the indictments of 'Hartman In ths Federal and Marion . County Criminal Courts had no bearing !on the mandate proceeding, the court jstated: "In this stage of the litigation we tire not dealing with the Federal and State indictments pending against the realtor as to matters disconnected with the primary election and constituting no charge under the local corrupt primary act. As to these the realtor Is presumed Innocent unless and until proven guilty. Neither he nor any other person is rendered or Is to be considered Ineligible simply because charged with crime In regard to ordinary felonious acta If the Indictments had already resulted In conviction It would present an altogether different question. The law Is well established that a statute disqualifying one who has been convicted of felony Is valid, and that one ■o convicted Is presumed la law unfit to vote or hold office.” The first part of the opinion Is taken up largely with a discussion of whether or not the action for a mandats was brought properly, whether tho parties to the suit are the proper ones, and as to

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the Jurisdiction of the court In tho matter. All of these' questions are decided in the affirmative. The matter of the eligibility of Hartman, Is then taken up and Judge Moll holds that If It can be shown that he Is Ineligible for office by reason of ‘any acts committed by him, the writ of mandate sought by him will be denied. The opinion then states: "The proof in this case establishes that the relator was guilty of the violation of the corrupt practice act set out In suhd'vislon 1 (a) of his fourth paragraph of answer in that he brought and accompanied alias Moore, a noaresident of Indiana, to the voting place of the precinct wherein relator resided and knowingly voted and caused and aided said non-resident to vote and that said nonresident did so vote; that ihe preponderance of the evidence shows that the relator violated the corrupt practice act set out In subdivision 1 (b) In that he attempted illegally to vote in a precinct other than the one In which he resided: the preponderance of the evidence further shows that the relator violated the corrupt practice act set out in subdivision 1 (e) by unlawfully Interfering with the election officials of a precinct other than that of his own residence and demanded that persaus not entitled to vote there according to their announced determiatlon to vote should be permitted to vote; the preponderanee of the evidence fails' to establish that the relator was guilty of the, violation of the corrupt practice act set out in subdivision 2 (a) and 2 (b) and 2 (c); consequently the relator is not to be held responsible for any other Illegal act that the said Francis, alias Moore, may have been guilty of in connection with the primary election, for while It U true that a candidate is not chargeable with what his over-zealous partisan adherents may do in violation of corrupt practice acts or in contravention of other elec tlo* *.aws, he certainly is chargeable with the legal results of his own personal acts or those committed In his own presence, or by his own Immediate relatives or assocates, of whose conduct he may reasonably be presumed to be aware, oi of his own confederates or subordinates I>rocured or accepted by him. “The few vt eg affected by the violations found to exist would probably not have affected the net result, but having been committed by the candidate himself the quality of the act is to be couSidered and not simply the quantity lnuence. Quoting from a standard work regarding the effect of Irregularities of this nature upon the result of au election: ‘lt hak been stated that It Is not necessary to show that a majority of the voters were actually prevented from voting or voted against tnelr wishes, by reason thereof where the wrong is flagrant and Its influence diffusive, it is sufficient that It renders the result doubtful. There is a distinction between particular illegal votes the effect of which may be proven and exactly computed, and fraudulent combinations, coercion and intimidation. It can never be precisely estimated how far the latter extends. Their effect can not be arithmetically computed. It would be to encourage such things as part of the ordinary machinery of political contests to hold that they shall void only to the extent that their influence may be computed. So, wherever auch practices or Influences are shown to have prevailed not slightly and In Individual cases, but generally, so as to render the result uncertain, the entire- vote so affected must be rejected.’

“This Is especially true where the irregularities are based on Illegal acts and particularly so when such Illegal acts are churgeable to the winning candidate. "That there Is no special privilege or Immunity In ca9s of primary nominations or ele-rtlon candidacies as to Judges is evidenced by the fact that In several Instances mandates were sought by Judicial aspirants and were denied. Ir fact Illegal activities exerted by Judicial candidates are for obvious reasons pecupernicious.” Counsel on both sides rested shortly before 6 o’clock last night and the court began reading his decision shortly after 8 o’clock. HARTMAN I-ABT WITNESS ON STAKE. The last witness was Hartman himself, who took the stand. It is understood, over the objection of some of his counseL Hartman testified that he determined he had a right to vote on primary day in the Fifth precinct of the Fifteenth ward because It was so indicated on a map which hung on a wall of hla office. He contended that the minute he was told that he was In the wrong precinct, be “begged the pardon" of the officials and left the polli. His most sweeping dental was that he was accompanied to the voting place In his own precinct, Ninth of the Fifteenth ward, by Frank Francis the ’’confessing burglar." In face of proof Introduced by Mr. Wllmeth with the Introduction of official records of the primary to ehow that Francis was given a ballot as a registered voter from Hartman's home at the same time Hareman appeared to vote, Hartman emphatically denied that Francis or Moore, as he contends he knew this burglar, went, with him to this voting place. He admitted he rode around in Francis’ automobile on primary day. ’’State whether Frank Moore (Francis) came to your polling place with you, took a ballot and voted whllo you voted?" directed Holmes Hr. Hartman answered, “He did not. If he did, I did not see him. I know he wasn’t with me.” He also denied knowledge that he knew the poll-book* showed Francis was registered from Hartman's own home as a voter. Hartman claimed he first met Moore as he knew Francis, In February when he called at Moore’s house with a note asking Mrs. Moor# to give him either one or two small diamond rings to be held as surety for ball for a man who was afraid he wet going to be arrested on a bootlegging charge. He admitted getting the rings but claimed he later returned them to Moors and that Moore paid him J 23. In discussing the "whisky” evidence given by the nuree at Moore’s home at the time Hartman obtained the rings, Hartman stated he saw two quarts of

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INDIANA DAILY TIMES, FRIDAY, OCTOBER 28, 1921.

I whisky In a trunk and some on the sideboard. “I asked Mrs. Moore If she didn’t know that this was a violation of law and if the house was searched it would get them in bad," Hartman testified. “I told the nurse to pear the whisky -In the sink, but she wouldn’t. She said she was going to hide the bottle* in the cellar.” lie emphatically denied he advised the nurse to bury the whisky in ashes In the cellar. , Hartman claimed that sometime later Moore told him he was going to takf his wife and new born baby out of the city because he was afraid he was going to be arrested. Hartman claimed Moore naked him where he could store his house-

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hold goods and Hartman contended that he offered' a backroom and the cellar In his home for some of the goods. At a later date, he said he bought and received a bill of sale for the goods that were found by the police In his home and identified as property of Dr. Katterheury He Insisted the police told him some of tha goods he bought” fjom Moore wai not stolen. He claimed that he had dlffi culty In getting Herbert Fletcher, Inspector of detectives, to come out and get all of the goods and that finally he

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We, the undersigned Republicans, have given serious consideration to the present city election, realizing what the conduct of our city's affairs during the next four years means to us as taxpayers and citizens. Asa result we have determined to vote for and in every way support Boyd M. Ralston, the Democratic candidate for Mayor. To most of us the support of a Democrat is anew experience. We believe in the Republican party. We believe in party * regularity, but in this campaign we believe duty to the city of Indianapolis transcends our duty to party or party regularity. Mr. Ralston is .clean, upright and honest in his private lift, lie is supported by the very best element of the Democratic party, and we have every assurance that his administration will be composed of competent, efficient, honest, law-abiding men. We, therefore, pledge ourselves to his candidacy and urge all other Republicans to vote for Ralston on election day.

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took sor j of the goods to police station. He branded ns a lie the evidence of Detective William Rngensteln that he had a conversation with Hartman prior to the primary. In which he told Hartman that Francis or Moore was suspected of being an auto thief. Hartman claimed he would have “turned up" Moore to the police If he had any knowledge Moore was a burglar or a thief, but contended he would not give information to the police about Moore on a bootleg charge while Mrs. Moore was about to

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become a mother. He admitted Moore at one time asked him to go to his home and tee how his baby wag getting along. He admitted that he visited Moore’s home on the burglar’s request. Hartman stood on his constitutional right and refused to answer questions pertaining to visits to Louisville because he Is pnder Federal Indictment relative to the alleged importation of booze Into this State. Hartman insisted he was accompanied

JOSIAH K. LILLY EDWARD HARMON FRANK E. FLOYD E. A. HENDRICKSON FRED A. GREGORY A. KIEFER MAYER ANTON VONNEGUT THAD R. BAKER ALFRED KAUFMAN H. L. ORLOPP OTTO H. HAUEISEN CHAS. MARTINDALE W. J. GOODALL LOUIS E. LATHROP JOHN OTT MILTON M. SIMON R. W. McBRIDE GEORGE S. OLIVE Dr. WALLACE W. HARDWICK HENRY KAHN DR. WM. N. WISHARD

to most of the polling places on primary day In the fifteen wards by the lata Richard La Mar and not by Francis. Ha claims he rode in La Mar’s machine. Hartman talked very rapidly and many rimes Ignored the attempts of Holmea to prevent Hartman from answering soma questions on cross-examination. Hartman made sweeping details to all allegations of violating the corrupt prastice act as charged In the -third and fourth paragraphs of Mr. Wilmeth’s answer.

W. L. MOUNT H. R. RASMUSSEN CHAS. H. COMSTOCK A. D. HIT 2 A. P. FOX C. S. EAGLESFIELD W. H. BRONKEY C. W. BURPEE ERNEST KNEPLER WM. F. TAYLOR A. G. RUDDELL HARRY G. SHAFER BERT O’LEARY LEO K. CLINE HORACE A. COMSTOCK WM. J. HOGAN SAMUEL DOWDEN W. E. PITTSFORD LUCIEN KING A. S. LOCKARD A. H. SHANEBERGER

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